Agenda of Ordinary Council Meeting

Agenda

Good evening Councillors, staff, ladies and gentlemen, we acknowledge the Traditional Owners of the land on which we meet and I invite you to bow your head in prayer:

Lord

We ask for your blessing upon our City, our community and our Council. Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty. May we show true leadership, beinclusive of all, and guide the City of Wanneroo to a prosperous future that all may share. We ask this in your name.

Amen

Item 1 Attendances

Item 2 Apologies and Leave of Absence

Item 3 Public Question Time

Item 4 Confirmation of Minutes

OC01-04/12 Minutes of Ordinary Council Meeting held on 6 March 2012

That the minutes of Ordinary Council Meeting held on 6 March 2012 be confirmed.

Item 5 Announcements by the Mayor without Discussion

Item 6 Questions from Elected Members

Item 7 Petitions

New Petitions Received

Update on Petitions

PT01-03/12 Retention of Natural Bushland in Perpetuity, Lot 5483 Ian Robbins/Alexander Heights Park

Cr Cvitan presented a petition of 1,510 signatures from residents of the City of Wanneroo requesting Council’s consideration to retain in perpetuity the land described as Lot 5483 within the Ian Robbins/Alexander Heights Park in its natural bushland state, comprising at present over 54 trees and 22 grass trees in order to benefit not only people who appreciate and patronise the parks, but also birdlife in general.

UPDATE

This will be responded to as part of a report to Council following the community consultation process.

PT02-03/12 Request for Traffic Island and Speed Humps, La Salle Road, Alexander Heights

Cr Cvitan presented a letter of one signature requesting a traffic island and speed humps in La Salle Road, Alexander Heights due to excessive speed and dangerous driving in Crabtree Street and La Salle Road, Alexander Heights.

UPDATE

A report is to be presented to the May 2012 meeting of Council.

Item 8 Reports

Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.

Planning and Sustainability

Town Planning Schemes & Structure Plans

PS01-04/12 Proposed Amendment 6 to Agreed Structure Plan 44 – Capricorn Village Structure Plan

File Ref: 3718 – 12/19507

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 7

Issue

To consider the submissions received during the public advertising of Amendment No. 6 to the Capricorn Coastal Village Agreed Structure Plan No. 44 (ASP 44) and adoption of the amendment.

Applicant	Roberts Day Town Planners
Owner	Capricorn Investments Group Pty Ltd & Yanchep Sun City Pty Ltd
Location	Lot 9028 (602) Two Rocks Road, Yanchep; Lot 215 (55) Beachhaven Drive, Yanchep; and Lot 216 (59) Beachhaven Drive, Yanchep
Site Area	34.53 Hectares (Lot 9028) 0.20 Hectares (Lot 215) and 0.20 Hectares (Lot 216)
MRS Zoning	Urban
DPS 2 Zoning	Urban Development

Background

On 14 October 2011, the City received a request from Roberts Day Town Planners on behalf of Capricorn Investments Group Pty Ltd & Yanchep Sun City Pty Ltd to amend ASP 44 by changing the road layout of lot 9028 and residential density for a portion of Lot 9028 Two Rocks Road, Yanchep and Lot 215 and 216 Beachhaven Drive, Yanchep. The subject sites are located north of Yanchep Beach Road between Two Rocks Road to the east and the coast to the west. Attachment 1 contains the location plan depicting the subject sites.

On 4 November 2011, the Director Planning and Sustainability sent a memorandum to the Elected Members advising of Administration’s intention to advertise the proposed amendment under delegated authority and providing the opportunity for Elected Members to request referral of the proposal to Council for consent to advertise. No such requests were received and advertising of Amendment 6 to ASP 44 subsequently commenced in accordance with Clause 9.5 of District Planning Scheme No. 2 (DPS 2) on 29 November 2011 for a period of 42 days, closing on 17 January 2011.

Detail

The key elements of the Amendment are:

· Reconfiguration of the local road network and lot configuration.

· Increase in density of lots from predominantly R10, with portions of R30 and R40, to predominantly R25 and R40 lots. This will result in an overall increase of approximately 100 dwellings.

· Increase of density of lots south of Beachhaven Drive from R5 to R20.

· Amalgamation of three smaller public open spaces (POS) into one 3.5 ha POS for landscape protection and active open space.

· The minor reconfiguration of two POS areas due to realigned road layout;

· Minor reconfiguration of the Neighbourhood Centre Zone boundary and Coastal Node Centre due to realigned road layout.

Attachment 2 shows the previously agreed residential density code plan while Attachment 3 shows the proposed residential density code plan. The proposed Structure Plan and Zoning Map are intended to be altered to reflect the changes proposed above and are shown in Attachments 4 and 5.

The applicant has provided three main justification points for the amendment which are:

1) The area is located in proximity to the Capricorn Coastal Node Activity Centre and increasing the density of this area in line with the objectives of Directions 2031;

2) The existing larger lots are not economically feasible with a lack of market for lots requiring custom build solutions; and

3) The existing structure plan does not cater for an appropriate response to the landscape whilst the proposed amendment would strengthen orientation and vistas to the coast whilst retaining vegetation and public open space.

Consultation

The amendment was advertised for public comment for a period of 42 days by means of on-site signage; an advertisement in the Wanneroo Times newspaper and on the City’s website; and letters to nearby landowners. The submission period opened on 29 November 2011 and closed on 17 January 2011, with a total of three submissions received. One submission was received in support of the proposed amendment with two submissions objecting to the proposal. A summary of submissions received together with Administration’s response to each is included as Attachment 6. All three submissions received related to the proposed increased density from R5 to R20 for Lots 215 & 216 Beachhaven Drive. This matter is discussed further in the comment section below.

Comment

Through public consultation and Administration’s assessment of the proposal, the following issues were raised.

Structure Plan Map Level of Detail

ASP 44 was first ‘agreed’ on 20 December 2005. Structure Plans prepared at that time typically depicted a very high level of detail with regard to the road and lot layout and specific density of individually proposed lots.

The depiction of this level of detail at the structure planning stage created an inflexible planning framework, where any minor changes to lot or road configuration that result from detailed design at latter stages of the planning process required a structure plan amendment.

Since ASP 44 was first ‘agreed’, planning has evolved to provide greater design flexibility by requiring a lesser level of detail on the Structure Plan Maps, R Code Maps and Zoning Maps, than was previously the case. This contemporary approach has been formalised through Council’s adoption of Local Planning Policy 4.2: Structure Planning (LPP 4.2). LPP 4.2 requires (among other things) R-Code ranges to be provided for areas along with indicative location of the necessary transport links, and locational criteria to determine where areas of low, medium and high density are located. The Department of Planning has also embraced this approach. In view of the above, Administration recommends that R-code ranges be applied to ASP 44 as part of proposed Amendment No. 6, in accordance with LPP 4.2.

Residential Density

The proposed increase in density surrounding the Capricorn Coastal Node to R25 and R40 will result in an overall increase of approximately 100 dwellings.

Due to the location in close proximity to the Capricorn Coastal Node and the Capricorn Neighbourhood Centre this increase in density is supported as it will provide increased dwellings within a walkable catchment of these two centres, ultimately meeting the objectives of Directions 2031.

Retention of Topography

The increased density and proposed road layout would ultimately create a terrace towards the ocean. This configuration would permit more dwellings to have views over the ocean whilst also creating pedestrian friendly vistas from the top of the dunes. However, this proposal would lead to a loss of the individual site responsiveness of the R10 lots. To keep the landform response, retaining walls would be required to be installed. Preliminary earth works plans have identified that, due to the terraced lot layout, retaining would be minimised and that any retaining walls would be less than the maximum 3 m as stipulated by the City’s Subdivision Retaining Wall Policy.

Administration considers that, whilst the larger lots associated with the existing R10 density coding would provide an opportunity to retain some of the existing landform within private properties, there is no guarantee that future development on those lots would achieve the same. Furthermore, opportunities do still exist to retain landform in higher density areas, with several examples of this existing across the metropolitan region. As such, the proposed density ranges are supported.

Public Open Space

The proposed amendment to LSP 44 incorporates the consolidation of three smaller public open space areas into one larger public open space (3.5ha).

This modification results in an additional 0.85 ha of public open space. The removal of smaller pocket parks into larger, more usable spaces is consistent with the City’s Public Open Space Policy and will incorporate increased retention of vegetation in the current Capricorn campsite area.

The Yanchep – Two Rocks District Structure Plan (DSP) does, however, identify that an east-west social/pedestrian/cycle linkage should be provided along Lookout Drive. Attachment 7 identifies the location of this linkage, connecting east–west across the ASP 44 area into the POS corridor created to the south-west of the amendment area.

By identifying this as a social/pedestrian/cycle linkage there will be a capability for non vehicular transport to the Capricorn Coastal node and this will result in the retention of the natural topography along these linkages.

Residential R25 Density

The proposal incorporates a large portion of the subject area to be recoded to Residential ‘R25’. Within the current structure plan text, Clause 9.0 dot point 8, variations are granted to the acceptable development provisions of the residential design codes for lots coded “R20, R30 or R40”, however, remain silent for any variations permitted for R25 lots.

The matter was raised with the proponent who has now sought to also amend the structure plan text to vary the acceptable development standards of R25 lots to be consistent with those of R20 and R30 lots. It is proposed that the modified structure plan text would state;

“The following variations to the Residential Design Codes constitute Acceptable Development with respect to all lots coded R20, R25, R30 or R40. The intention of the provisions is to maximise the opportunity for passive surveillance and passive solar design and improve the relationship between the private realm of the dwelling and the public realm of the street, whilst not being overly prescriptive to ensure the lots can accommodate a range of standard housing designs and remain affordable.”

By amending the text to also include R25 code this will enhance the flexibility of the R-Code ranges as identified above.

Lot 215 (55) and Lot 216 (59) Beachhaven Drive, Yanchep

The proposal incorporates the recoding of Lots 215 and 216 Beachhaven Drive from Residential R5 to Residential R20, effectively reducing the minimum lot size required per lot from 2000m² (allowing up to two lots) to 500m² (allowing up to eight lots). The applicant has provided justification for the increased density by indicating that the lots will reflect the Residential R20 lots immediately to the north and that there is currently no market for the sales of larger vegetation/landscape responsive lots.

During advertising, a submission was received from the owner of Lot 214 Beachhaven Drive in support of the proposed increased coding and recommended that the amendment also include Lot 214.

Administration does not support this aspect of the proposed Amendment for the following reasons:

· If Lot 214 were also included, this recoding could potentially result in the creation of 12 lots (and dwellings) where only three presently exist. This would significantly compromise (and most likely remove altogether) any possibility of continuing the retention of landform and vegetation that has been achieved on the 13 other R5 dune lots;

· The proposed recoding request appears to be primarily motivated by the apparent lack of sales interest in the remaining dunal lots in the developer’s ownership and represents an opportunity to add financial value and further development potential to that land. However, that cannot be given any weight as a valid planning consideration;

· Lots 214, 215 and 216 represent a logical ‘rounding off’ of the R5 dune lots and directly adjoin a coastal reserve to the south and west.

Whilst recoding of these three lots to R20 would reflect the density coding of the land on the opposite side of the road, doing so would not represent a logical or graduated increase in density from the adjoining dune lots to the substantially smaller, conventional housing lots proposed. The difference in housing, environment and built form (including fencing) that would result from this is not considered to be an appropriate or desirable planning response to the particular circumstances.

Conclusion

Roberts Day Town Planners on behalf of Capricorn Investments Group Pty Ltd & Yanchep Sun City Pty Ltd has requested to the City to consider amendment No. 6 to the Capricorn Coastal Village Agreed Structure Plan No. 44. The proposal is generally in keeping with intent of the structure plan that was originally adopted and aims to retain the dune systems whilst providing increased density around the coastal activity centres.

Administration supports the proposal to amend the structure plan in accordance with Attachments 3, 4 and 5 subject to the following modifications:

· The proposed density ranges (as included in Attachment 7) are represented on the R – Code Plan with the detailed road layout being removed from the amendment area of Attachments 3, 4 and 5.

· The proposed amendment removes the recoding of lots 215 and 216 Beachhaven Drive, Yanchep; and

· The Part 1 text is amended to include variations to the acceptable development standards of the R25 density as detailed above as well as including the provision of text for locational criteria.

Statutory Compliance

This amendment proposal has been processed in accordance with the requirements of DPS 2. Clause 9.6.1 of DPS 2 provides that following advertisement of a Structure Plan amendment, Council may refuse to adopt the amendment or resolve that the amendment is satisfactory with or without modifications. It is recommended that Amendment No. 6 to ASP 4 be approved with modifications.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

Policy Implications

The proposal has been assessed under and accords with the provisions of the City’s Local Planning Policy 4.2: Structure Planning.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. Pursuant to Clause 9.6.1 of District Planning Scheme No.2 RESOLVES that Amendment No. 6 to the Capricorn Village Agreed Structure Plan No. 44, as submitted by Roberts Day Town Planners on behalf of Capricorn Investments Group Pty Ltd & Yanchep Sun City Pty Ltd to undertake the points listed below is satisfactory, subject to the following modifications being undertaken to the satisfaction of the Director, Planning and Sustainability;

a) Modify the existing Part 1 R-Code Map in accordance with Attachment 7 to remove detail within the amendment area, replace the R25 and R40 density code with a R25 – R40 density range and include a social/pedestrian/cycle linkage;

b) Modify the existing Part 1 Zoning Map to remove detail, including lot layout and local roads, within the amendment area;

c) Modify the existing Part 1 Structure Plan Map to remove detail, including lot layout and local roads, within the amendment area;

d) Amend the Part 1 text, Clause 9.4 - dot point 9 to read;

e) Amend the Part 1 text to include locational criteria for the allocation of density ranges in accordance with the City’s Local Planning Policy 4.2: Structure Planning;

2. SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification;

3. Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, AUTHORISES the Mayor and Chief Executive Officer to ADOPT, SIGN and SEAL Amendment No. 6 to the Capricorn Village Agreed Structure Plan No. 44 once Adopted by the Western Australian Planning Commission; and

4. NOTES the Summary of Submissions received in respect of Amendment No. 6 to the Capricorn Village Agreed Structure Plan No. 44 included as Attachment 6 and ENDORSES Administration’s comments and recommended responses to those submissions and FORWARDS the same to the Western Australian Planning Commission and ADVISES the submittors of its decision.

Attachments:

1 .	Location Plan	12/22563
2 .	Existing R Code Plan	12/28181
3 .	Proposed R Code Plan	12/28182
4 .	Proposed Structure Plan Map	12/28183
5 .	Proposed Zoning Plan	12/28184
6 .	Schedule of Submissions	12/31407	Minuted
7 .	R-Code Range Plan	12/28185	Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 16

PS02-04/12 Proposed Amendment 1 to Agreed Structure Plan 52 – Brighton West Village Centre

File Ref: 6197-01 – 12/21011

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 9

Issue

To consider the submissions received during the public advertising of Amendment No. 1 to the Brighton West Village Centre Agreed Structure Plan No. 52 (ASP 52) and adoption of the amendment.

Applicant	Greg Rowe and Associates
Owner	MQI Land Syndicate
Location	Lot 9034 (84) Jindalee Boulevard, Jindalee and Lot 1868 (10) Clew Way, Jindalee
Site Area	2066m² (Lot 9034) 466m² (Lot 1868)
MRS Zoning	Urban
DPS 2 Zoning	Urban Development

Background

On 28 September 2011, the City received a request from Greg Rowe and Associates on behalf of MQI Land Syndicate to amend ASP 52 (Amendment No. 1) by rezoning Lot 9034 from ‘Business’ zone to ‘Commercial’ zone and Lot 1868 from ‘Business’ and ‘Residential’ zones to ‘Commercial’ zone. The subject sites are located south of Jindalee Boulevard and west of Marmion Avenue. Attachment 1 contains the location plan depicting the subject sites.

On 4 November 2011, the Director Planning and Sustainability sent a memorandum to Elected Members advising of Administration’s intention to advertise the proposed amendment under delegated authority and providing the opportunity for Elected Members to request referral of the proposal to Council for consent to advertise. No such requests were received and advertising of Amendment No. 1 to LSP 52 subsequently commenced in accordance with Clause 9.5 of District Planning Scheme No. 2 (DPS 2) on 29 November 2011 for a period of 42 days, closing on 17 January 2011.

Detail

Attachments 2, 3 and 4 show the existing ASP 52 zoning plan, residential density code plan and structure plan respectively. Attachments 5, 6 and 7 show the proposed Amendment

No. 1 zoning plan, residential density code plan and structure plan respectively.

The key elements of Amendment No. 1 to ASP 52 are as follows:

· Rezoning Lot 9034 from ‘Business’ to ‘Commercial’ zone and rezoning Lot 1868 from ‘Business’ and ‘Residential’ zones to ‘Commercial’ zone, to allow uses not currently permitted within the ‘Business’ zone and to extend these zones to the southern part of Lot 1868;

· Reconfiguring the Zoning and Residential Density Maps to match the existing subdivision layout approved by (the Western Australian Planning Commission) (SD140532) allowing Lot 1868 to have one single zoning rather than its current split Business/Residential zoning;

· Including an annotation on the structure plan to permit on street car parking on Clew Way;

· Including a maximum retail net lettable area (NLA) of 1,000 m² for the ‘Commercial’ zoned area; and

· Inserting provisions relating to the ‘Commercial’ zoned area, as included in Attachment 8, into Clause 8.2 of ASP 52, and renumbering subsequent provisions accordingly.

Consultation

The main issues raised in the submissions relate to:

· Retail NLA;

· Increased Traffic; and

· Potential for anti-social behaviour and noise pollution.

A detailed discussion of the abovementioned issues is provided in the Comment section of this report.

A third submission was received on 6 March 2012, well after the end of the advertising period. This submission raised many of the same issues as raised by the two submissions received during the advertising period as well as other issues, such as car parking layout and bin store location which would be dealt with during a more detailed assessment at development application stage.

Comment

Submissions received raised concerns that the proposed rezoning from ‘Business’ to ‘Commercial’ would have a significant impact on the traffic at the intersection of Jindalee Boulevard and Investigator Parade. Submissions also raised concerns relating to the existing restaurants and taverns located east of Marmion Avenue and that the anti-social behaviour and noise pollution in the area could be duplicated to the west of Marmion Avenue.

Rezoning the ASP 52 centre area from ‘Business’ to ‘Commercial’ would only allow 12 additional uses to become permissible, as follows:

· Bed & Breakfast;

· Club (Non Residential);

· Dry Cleaning Premises;

· Reception Centre;

· Video Hire;

· Hardware Store;

· Liquor Store;

· Pharmacy;

· Cinema Complex;

· Restricted Premises;

· Shop; and

· Supermarket

The ability to incorporate the above 12 additional uses will not, in itself, increase traffic volumes or anti-social behaviour or noise pollution within the area. The uses of Restaurant and Tavern, which were identified through submissions as a concern, do not change permissibility between the ‘Business’ zone and ‘Commercial’ zone. Nevertheless, the impact of the proposed uses on surrounding areas, including traffic and amenity, would be considered as a part of any development application, and would be determined appropriately to minimise any impacts.

Retail NLA

Amendment No. 1 to ASP 52 includes a maximum retail NLA for the proposed ‘Commercial’ zone, in accordance with the requirements of subclauses 3.7.3 and 3.7.4 of DPS 2. Amendment No. 1 proposes a maximum retail NLA of 1,000m² for the ‘Commercial’ zoned area. The Butler-Jindalee District Structure Plan (DSP) Centres Strategy Study identifies 500 m² for this ASP 52 centre, however, as the area was never zoned ‘Commercial’ there was never any requirement for a maximum retail NLA to be applied to the centre.

Justification for the proposed 1000m² retail NLA was provided by Shrapnel Urban Planning, on behalf of the applicant, who identified that increasing the retail NLA by 500m²would allow a ‘main street’ centre development and that the DSP Centres Strategy Study set floorspace guidelines that may be reviewed as part of the detailed planning of an area. Administration considers that increasing the proposed retail size of the centre by 500 m² is minor and would not have a significant impact on the surrounding area or other future centres identified in the DSP.

On Street Car Parking

The proposal includes an amendment to the structure plan map, including relevant hatching and a notation stating ‘Carparking to be included along portion of Clew Way’. The proponent has included indicative development application plans in support of the proposed amendment which depict the intended layout of the proposed on-street bays. Whilst the plans are indicative only, they incorporate the reduction in width of Clew Way to 6m to accomodate 90 degree parking on both the north (18 bays) and south (16 bays) side and five angle parking bays located on Jindalee Boulevard.

Administration does not object to the inclusion of the notation regarding on street car parking, however, the ASP amendment is not the appropriate planning stage be including the specific location of on street parking bays. Any proposal for on-street parking would need to be applied for and assessed in detail at the development application stage, together with a traffic impact assessment of any proposed commercial development

Other Matters

Upon further review of the wording proposed in the Part 1 (Statutory) ASP text (Attachment 8) it has become apparent that the wording for the ‘Commercial’ zone has been taken from the requirements for the ‘Business’ zone in the existing ASP. Whilst this is not an issue in itself as the provisions are consistent over both zones, the original provisions included a text error with the inclusion of the word ‘advice’ in provision iii.

The current wording is inaccurate and it is therefore recommended that the word ‘advice’ be removed from both the existing structure plan text and the proposed amendment text.

Advertising of such a minor wording correction is not required, pursuant to clause 9.7.2 of DPS 2.

Statutory Compliance

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

Policy Implications

The proposal has been assessed under and accords with the provisions of the City’s Local Planning Policy 4.2: Structure Planning.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. Pursuant to Clause 9.6.1 of District Planning Scheme No.2 RESOLVES that Amendment No. 1 to the Brighton West Village Centre Agreed Structure Plan No. 52, included as Attachments 5, 6 and 7 and 8 to this report is satisfactory subject to the following modification being undertaken to the satisfaction of the Director, Planning and Sustainability;

“Modify the Part 1 text, Clause 8.1, Provision iii of the existing Agreed Structure Plan and the proposed Clause 8.2, Provision iii to remove the word ‘advice’.

and SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification;

2. Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS the Brighton West Village Centre Agreed Structure Plan No. 52 once amended in accordance with Attachments 5, 6, 7 and 8 and the modification outlined in 1 above and adopted by the Western Australian Planning Commission;

3 AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the documents once certified by the Western Australian Planning Commission; and

4. NOTES and ENDORSES the comments made in this report regarding the submissions received on this structure plan amendment for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submittors of its decision;

Attachments:

1.	Location Plan	12/27517
2.	Existing Zoning Plan	12/27520
3.	Existing R Code Plan	12/27529
4.	Existing Structure Plan	12/27530
5.	Proposed Zoning Plan	12/27531	Minuted
6.	Proposed R Code Plan	12/27532	Minuted
7.	Proposed Structure Plan	12/27533	Minuted
8 .	Text amendments to Part 8.2	12/21127	Minuted
9 .	Summary of Submissions	12/31215

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 32

PS03-04/12 Adoption of Revised Development Guide Plan for Special Rural Zone No. 18

File Ref: 6912 – 12/24526

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 3

Issue

To consider a request to amend the Development Guide Plan (DGP) for Special Rural Zone No. 18 (SRZ 18) by depicting Lots 23 and 24 as six separate lots and to initiate a minor amendment to District Planning Scheme No. 2 (DPS 2) to give effect to the amended DGP.

Applicant	Drescher and Associates
Owner	Salvatore & Maria Trimboli and Narges Habibnia
Location	Lots 23 and 24 (128 and 98) Emerald Drive, Carabooda
Site Area	Lot 23: 8.0068 hectares Lot 24: 4.0254 hectares
MRS Zoning	Rural
DPS 2 Zoning	Special Rural

Background

On 27 October 2011, Drescher and Associates, on behalf of Justin Sonia Pty Ltd, lodged a proposal to amend the DGP for SRZ 18 by depicting Lots 23 and 24 as six separate lots. A location plan is included as Attachment 1. The current SRZ 18 DGP does not illustrate any further subdivision potential for Lots 23 and 24. Development and subdivision within the Special Rural Zone is required to be carried out in accordance with an endorsed DGP. The proposed amendment to the DGP would allow the landowners to subdivide Lots 23 and 24 into four and two lots respectively, subject to Western Australian Planning Commission (WAPC) approval. The indicative lot sizes depicted under the amended DGP accord with the 2ha minimum that currently exists within SRZ 18. The current and amended SRZ 18 DGPs are included as Attachments 2 and 3 respectively.

Detail

While Lots 23 and 24 are zoned ‘Special Rural’ and fall within the SRZ 18 area, Special Provision No.7 relating to SRZ 18 contained within Schedule 13 of DPS 2 states that the use permissibility for these lots shall be determined in accordance with the ‘Rural Resource’ zone. The ‘Rural Resource’ zone use permissibility allows agricultural and horticultural activities to be carried out on the subject lots that would otherwise have been prohibited under the Special Rural zone. The basis for this use permissibility is the presence of ‘brown sands’ over the lot, which was considered to be suitable for market gardening purposes at the time SRZ 18 was originally created (under the City’s former Town Planning Scheme No. 1).

As groundwater within the subject area has been over-allocated, Lots 23 and 24 can no longer be used for such water intensive agricultural purposes. On this basis the applicant has requested that the DGP be amended to allow Lots 23 and 24 to be subdivided into two hectare lots to be used for small lot living, consistent with the other ‘Special Rural’ zoned lots in the SRZ 18 area.

This application also proposes to include the location of building envelopes on each of the proposed new lots, as is currently shown on the DGP for other lots in SRZ 18.

The building envelopes that apply to existing lots within SRZ 18 are based upon the avoidance of karstic limestone features that are prevalent within the area, as well as to minimise exposure to bushfire hazard.

The subject lots are typified by brown sand and no karstic features were discovered on the subject lots through the geotechnical survey conducted as part of the original subdivision of SRZ 18. Therefore, the configuration of building envelopes proposed under the amended DGP has been based purely on the issue of bushfire protection. The applicant provided an assessment of the building envelope locations included on the modified DGP based on the WAPC’s Planning for Bushfire Protection Guidelines. The assessment found that indicative Lots 1 to 3 depicted on the amended DGP had a Bushfire Attack Level (BAL) rating of BAL-LOW and therefore those lots will not require specific construction standards relating to bushfire protection.

Proposed Lots 4 and 5 had a BAL-12.5 rating, while Lot 6 had a BAL-19 rating, meaning that construction on these lots will need to be carried out in accordance with specific requirements of Australian Standard (AS) 3959 – Construction of Buildings in Bushfire Prone Areas. The existing Special Provisions relating to SRZ 18 already require a Bushfire Management Plan to be prepared at the time of subdivision. As such, any fire management and design requirements applicable to Lots 23 and 24 can be addressed at the time of subdivision of those properties.

Consultation

On 17 January 2012, written notice of the proposal was given to the owners of the five nearest properties, advising them of the proposal and inviting comment prior to 7 February 2012. At the close of the consultation period, only one submission was received, which raised no objection to the proposed DGP amendment and supported the proposed amendment to DPS 2.

With regard to the proposed amendment to DPS 2, all scheme amendments are subject to public consultation. However, before doing so the amendment will need to be referred to the Environmental Protection Authority (EPA) to assess the environmental impacts of the proposal and to determine whether any formal environmental assessment is necessary.

Subject to no objections being received from the EPA, the amendment must be advertised for public comment for a period of 42 days. Advertising is to occur in the following manner, consistent with the requirements of the Town Planning Regulations 1967:

· Advertisement in a local newspaper for one week;

· Placement of a sign on affected sites, giving notice of the proposal;

· Display notice of the proposal in Council offices;

· Display on the City’s website; and

· Referral in writing to affected persons/agencies.

The Town Planning Regulations provide that where an amendment is consistent with the MRS and State policies and strategies, then the consent of the WAPC will not be required to advertise the amendment. However, if an advertising period of less than 42 days be sought, the WAPC’s consent to advertise is required.

Given that the proposed amendment is consistent with the MRS zoning and State Planning Policies, and an advertising period of 42 days is recommended, the consent of the WAPC to advertise is not required in this instance.

Comment

Future of East Wanneroo

At its meeting of 11 December 2007 (item PD01-12/07), Council considered the WAPC’s ‘Future of East Wanneroo’ document and resolved, among other things, to:

a) Endorse a process prepared by Administration for how to progress the planning of the proposed East Wanneroo Urban areas;

b) Not to support any independent planning proposals for this area which may be viewed as premature in relation to the above planning process;

c) Require the Director, Planning and Sustainability to only accept planning proposals for the consideration of Council if the Director was satisfied that the proposal was not premature having regard to the stage reached in the planning process generally for the area and particularly having regard for the process referred to in a) above.

Council reaffirmed its 11 December 2007 resolution at its meeting of 5 April 2011.

While SRZ 18 does not fall within the area covered by the East Wanneroo Structure Plan released by the WAPC in 2011, it does fall within the study area outlined within the WAPC’s Future of East Wanneroo document released in 2007, to which the 11 December 2007 Council resolution related. Administration does not consider the subject proposal to be in conflict with that resolution, given the subject lots would have originally been subdivided in a manner similar to that depicted under the proposed DGP had they not been identified as being suitable for market gardening purposes at the time. The proposed lot sizes depicted on the amended DGP accord with the existing 2ha minimum that currently applies within SRZ 18.

Use Permissibility

As previously stated, Lots 23 and 24 are zoned ‘Special Rural’, however, DPS 2 states that the use permissibility for these lots shall be determined in accordance with the ‘Rural Resource’ zone. The ‘Rural Resource’ zone is intended to accommodate rural uses that have the potential to generate off-site impacts, such as noise, odour and dust, on lots generally larger than four hectares in area. Administration is of the view that ‘Rural Resource’ uses are inappropriate on 2ha lots, as proposed under the amended DGP, due to the increased potential for land use conflicts between properties arising from impacts such as noise and odour due to reduced separation distances between such lots. It is therefore recommended that Council initiate Amendment No. 126 to DPS 2 to:

a) Delete ‘Special Provision No. 1’ of ‘Special Rural Zone No. 18’ contained within Schedule 13 and insert the following text in its place:

“1. Subdivision and development shall be in accordance with the Development Guide Plan dated 2 August 2011.”; and

b) Amend ‘Special Provision No. 7’ of ‘Special Rural Zone No. 18’ by deleting the following text:

“In reference to the portion of the subject land shown bounded by the stippled boundary on the Modified Development Guide Plan, land use permissibility for this land shall be determined in accordance with the ‘Rural Resource Zone’.”

The proposed amendment would give effect to the revised DGP and change the use permissibility on Lots 23 and 24 (and the six lots proposed to be created) to that of the ‘Special Rural’ zone.

Conclusion

Due to the over-allocation of ground water in the Carabooda area, Lots 23 and 24 can no longer be viably used for intensive agricultural purposes as once intended. As a result, Administration considers that allowing small lot rural subdivision on Lots 23 and 24, consistent with the surrounding SRZ 18 area, is appropriate, provided the ‘Rural Resource’ use permissibility of these lots is also changed to accord with the ‘Special Rural’ zoning of the surrounding area.

Statutory Compliance

The proposal accords with the requirements of the City’s District Planning Scheme No. 2.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.1 Increase choice and quality of neighbourhood and lifestyle options”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSES the Development Guide Plan for Special Rural Zone No. 18, included as Attachment 3 to supersede the Development Guide Plan dated July 2000, included as Attachment 2;

2. Pursuant to Section 75 of the Planning and Development Act 2005 ADOPTS Amendment No. 126 to District Planning Scheme No. 2 for the purpose of:-

a) Deleting ‘Special Provision No. 1’ of ‘Special Rural Zone No. 18’ contained within Schedule 13 and inserting the following text in its place:

“1. Subdivision and development shall be in accordance with the Development Guide Plan dated 2 August 2011.”; and

b) Amending ‘Special Provision No. 7’ of ‘Special Rural Zone No. 18’ by deleting the following text:

3. REFERS Amendment No. 126 to District Planning Scheme No. 2 to the Environmental Protection Authority (EPA) pursuant to Section 81 of the Planning and Development Act 2005; and should the EPA advise the amendment does not require assessment, ADVERTISES the amendment for public comment for a period of 42 days, pursuant to Regulation 25(2) of the Town Planning Regulations 1967; and

4. FORWARDS a copy of Amendment No. 126 to District Planning Scheme No. 2 to the Western Australian Planning Commission for information.

Attachments:

1.	Attachment 1 - Location Plan	12/27611
2.	Attachment 2 - Current SRZ 18 Development Guide Plan	12/29264	Minuted
3.	Attachment 3 - Amended SRZ 18 Development Guide Plan	12/29265	Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 40

PS04-04/12 Adoption of Eglinton Local Structure Plan No. 82

File Ref: 3718 – 12/27488

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 7

Issue

To adopt the draft Eglinton Local Structure Plan No. 82 (LSP 82) by considering the modifications required by the Western Australian Planning Commission (WAPC).

Applicant	Development Planning Strategies
Owner	Eglinton Estates and Oceanscapes Alliance
Location	Lot 1007 (317) Pipidinny Road, Eglinton; Lot 9500 (405) Pipidinny Road, Eglinton; and Lot 2 (3100) Marmion Avenue, Eglinton
Site Area	Approximately 633 Hectares
MRS Zoning	Urban, Primary Regional Roads, Other Regional Roads, Parks and Recreation
DPS 2 Zoning	Urban Development, Primary Regional Roads, Other Regional Roads, Parks and Recreation

Background

In 20 August 2010, the City received from Development Planning Strategies, on behalf of Eglinton Estates and Oceanscapes Alliance the draft LSP 82 for its consideration. The proposed LSP falls within the wider Alkimos-Eglinton District Structure Plan (DSP) area and is located between Alkimos and Yanchep (refer location plan included as Attachment 1). The LSP area is bounded generally by the Mitchell Freeway reserve to the east and the Indian Ocean to the west and Pipidinny Road to the north with the current ‘Shorehaven’ development to the South

Council, at its meeting of 8 February 2011, considered the draft LSP 82 and proposed changes to the City of Wanneroo District Boundary and resolved with regard to the Draft LSP 82 as follows (Item PS01-02/11):

“That Council:-

1. Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, RESOLVE that the Eglinton Local Structure Plan No. 82 submitted by Development Planning Strategies, on behalf of Eglinton Estates and Oceanscapes Alliance (as depicted in Attachment 1) is SATISFACTORY, subject to the Recommended Modifications contained in Attachments 3 and 4 being made to the satisfaction of the Director Planning and Sustainability;

2. REFERS the Eglinton Local Structure Plan No. 82 to the Western Australian Planning Commission for approval in accordance with Clause 9.6.1 of District Planning Scheme No. 2;

3. ENDORSES the Schedule of Submissions provided in Attachment 4, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission, and ADVISES the submitters of its decision;

4. Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS, SIGNS and SEALS the modified Structure Plan document once certified by the Western Australian Planning Commission;”

A copy of the draft LSP Part 1 Structure Plan Map, as advertised, is included as Attachment 2 with the Part 1, as modified by Administration and endorsed through the Council Meeting of 8 February 2011, included as Attachment 3. A list of the modifications required by Council, following advertising, is included as Attachment 4.

Attachments 2, 3 and 4 were sent through to the WAPC on 11 February 2011 for consideration. The WAPC advised the City in its correspondence received on 23 December 2011 that it has resolved to adopt the draft LSP 82 subject to a number of modifications to the version of the statutory section forwarded to the WAPC by Administration and to the LSP 82 Part 1 Structure Plan Map. Attachment 5 contains the WAPC’s schedule of modifications.

Detail

Administration considers that all of the WAPC’s required modifications are of a minor nature and do not significantly or materially depart from the advertised version of LSP 82. Attachment 6 lists the WAPC’s required modifications as well as Administration’s comment on each. The majority of the WAPC’s modifications relate to editorial changes that clarify references within the document and the planning process that will follow on from LSP 82. However, the following modifications required by the WAPC do affect the statutory provisions of LSP 82:

· The Marina Area, comprising Commercial and Mixed Uses zoned land, and business zone is to be included in the Centre zone;

· Inclusion of R-Code locational criteria;

· Physical processes setbacks are to be included in Plan 1;

· Amended wording relating to the area subject to Environmental Approval;

· Inclusion of provisions relating to the Wellhead Protection Zone;

· Inclusion of a Monitoring and Review provision;

· Inclusion of only the strategic Public Open Space Provision in the Part 1 Statutory Section;

· Increase the density range of an area on the southern edged of the LSP.

The above modifications required by the WAPC are discussed in more detail in the Comment section below.

Comment

Marina (Commercial and Mixed Use) and Business Zone to be rezoned as Centre Zone

The advertised version of LSP 82 incorporated a number of zones including Mixed Use, Commercial and Business as well as a proposed Centre zone. Modifications required by the WAPC look to change the Commercial and Business zones (located on the western boundary of the LSP) as well as the Business zone (located on the eastern boundary of the LSP) into Centre zone.

Pursuant to Clause 3.13.3 of DPS 2, the inclusion of Centre zones will require the preparation of a further Centre Structure Plan for each of these two areas in which additional detail related to the proposed commercial activity and employment figures will be required. This will permit further monitoring and review mechanisms to be implemented to ensure that the growth of the commercial sector and the creation of employment in this area accords with the objectives of the DSP, City of Wanneroo Policy and WAPC Policy.

The modification would provide greater strength to the DSP in monitoring the economic growth in the LSP area and is supported by Administration.

Density Range and Locational Criteria

The WAPC’s modified Part 1 text now includes R Code locational criteria which will determine the exact location of dwelling density codes at the subdivision stage. The WAPC’s modified Part 1 includes the following R Code location criteria;

· “The base coding to be R25;

· Low density coded lots (R20) are generally to be provided in areas where it is desirable to retain landforms and/or vegetation;

· Medium density coded lots (R30 to R60) are generally to be provided within 400 metres of neighbourhood centres, public open space and primary schools, along the STS route and the Mixed Use zone;

· Higher density coded lots (R80 to R160) are generally to be provided within 400 metres of the Eglinton Marina.”

The locational criteria recommended in the City’s Housing Strategy and Local Planning Policy 3.1: Local Housing Strategy Implementation are noted below:

1. The City’s Housing Strategy recommends a density coding of:

· R40 within 800 metres of a Town Centre;

· R20 to R30 within 400 metres of a small Neighbourhood Centre; and

· R20 – R30 within 250 metres of bus routes.

2. The City’s Local Planning Policy 3.1: Local Housing Strategy Implementation recommends a density coding of –

· R60 within 400 metres of a Town Centre;

· R40 between 400 and 800 metres of a Town Centre; and

· R40 within 250 metres of a main bus route and a neighbourhood park.

Generally the future lots in the LSP 82 area will be located within 250 metres of the bus routes, neighbourhood parks and the local centre. In the WAPC’s Liveable Neighbourhoods policy, 400 metres is considered to be an average 5-minute walking distance.

The locational criteria included in the WAPC’s modifications are considered acceptable as they are generally in accordance with the City’s policies.

Physical Processes Setback

The proposed modification is seeking to include the physical processes setback figures of 135 – 145 metres from Horizontal Setback Datum (HSD) to be included on Plan 1 to be in accordance with State Planning Policy 2.6; State Coastal Planning. The proponents prepared a technical report to identify if the draft LSP would satisfy all policy requirements. It was identified through this report that only minor slivers of POS would be required along the eastern edge of the regional Parks and Recreation Reserve in order to obtain compliance with the physical process setback required and that the physical process setback line could be placed on the LSP Part 1 Structure Plan Map with no major impacts on the development of the area. The modification is considered to have no impact on the intent of the structure plan and is therefore supported.

Area subject to Environmental Approval

The western portion of the LSP area, as identified in Attachment 7 is currently subject to an environmental assessment under the Environmental Protection Act 1986 (EPA) and a Metropolitan Region Scheme (MRS) amendment to rezone an area within the LSP from ‘Parks and Recreation’ reservation to ‘Urban’ zone.

The EPA assessment and MRS amendment were discussed in the 8 February 2011 Council Report, in which it stated that the Department of Environment and Conservation (DEC), after initially requesting the deferral of the finalisation of LSP 82, supported the proposal subject to a statement being included in Part 1 that directs “where provisions of the LSP are inconsistent with any environmental approvals issued by the State or Federal Government, the LSP shall be amended to ensure consistency”. This agreement was reached on the understanding that no subdivision applications would be approved within this area prior to the MRS amendment being gazetted and the land being zoned ‘Urban’.

The wording included in the modified Part 1 statutory section is considered to meet the intent of DECs concerns as the relevant Part 1 section now states;

“No Subdivision and/or development can occur within the area identified on Plan 1 until such time that the environmental approval under the Environmental Protection Act 1986 and subsequent Metropolitan Region Scheme amendments are finalised.”

The inclusion of this provision in LSP 82 will ensure that no development and/or subdivision is undertaken within the area subject to these approvals prior to the required process being finalised and therefore meeting the concerns of the DEC.

Wellhead Protection Zone

The WAPC’s modified Part 1 also includes a section which requires that land uses within 300 metres of the wellhead protection zone are to be in accordance with State Planning Policy 2.7 – Public Drinking Water Source. The WAPC’s modifications currently identify a new section to be included, however, it is recommended by Administration that this requirement also be identified in the Part 1 text in the same location as other land use permissibilities. Including this element in the Part 1 text will ensure that no incompatible land uses will be permitted surrounding the wellhead.

Monitoring and Review

The WAPC’s modifications included a provision stating that the DSP is due for review commencing in 2017 and requiring that any amendments to the DSP may result in consequential amendments to the LSP to ensure consistency between the two. Administration considers that the LSP will mirror the requirements of the DPS monitoring and review element and therefore supports the inclusion of this provision.

Public Open Space Provision

The WAPC’s modifications also require that areas of strategic open space, as shown in Attachment 7, are identified as strategic open space. The strategic POS areas and sizes have been identified in the table below:

Strategic POS Area	Size (ha)
A	5.5
B	6.9
C	27.5
D	5.8
E	8.8
F	1.9
G	8.5

This modification requires the deletion of smaller POS areas from the LSP 82 Part 1 Structure Plan Map leaving only areas of strategic significance. The Strategic POS areas ‘A’, ‘B’, ‘C’ & ‘D’ have been included for conservation purposes while POS ‘E’ and ‘G’ are provided co-located with primary school sites in order to provide active senior size ovals and POS ‘F’ is co-located with the neighbourhood centre. The identification of the POS sizes and locations in the Part 1 text does not alter the sizes of the POS areas as previously advertised.

Increased Density Range

In addition to the WAPC’s modifications, the applicant has also sought to increase the residential density. A range of R25 – R40 was previously identified in the advertised LSP Structure Plan Map on the southern edge of the LSP between Marmion Avenue and the proposed Primary School to the west. The applicants have proposed that this range be increased to R25 – R60. The proposed increased range is not considered to have an impact on the intent of the structure plan as the WAPC required locational criteria would still be applicable.

Conclusion

Administration recommends that LSP 82 be amended in line with the WAPC’s schedule of modifications. Once those modifications and Councils original modifications have been implemented to the satisfaction of the Director Planning and Sustainability, LSP 82 can be adopted, signed and sealed under Clause 9.6.5 of DPS 2. Given that LSP 82 has already been advertised and the modifications are of a minor nature and do not materially affect the endorsed Structure Plan, it is considered unnecessary for the Structure Plan to be readvertised for public comment.

Statutory Compliance

Part 9 of DPS 2 provides for the assessment and determination of Structure Plans. Pursuant to Clause 9.6.3 (c) of DPS 2, if the WAPC requires modification to the Structure Plan, the proponent and/or Council shall make the modifications required by the WAPC and Council shall reconsider the Structure Plan under Clause 9.4.

When considering a Structure Plan under Clause 9.4, pursuant to this Clause, Council may determine that the Structure Plan is satisfactory and waive public notification, when it considers that adequate publicity of the proposal has already been undertaken (recommended in this instance).

Following this, Council must consider the Structure Plan under Clause 9.6.1 and do one or other of the following:

a) refuse to adopt the Structure Plan; or

b) resolve that the Structure Plan is satisfactory with or without modifications.

It is recommended that LSP 82 be deemed satisfactory subject to the modifications required by the City included in Attachment 4 and the modifications required by the WAPC, included in Attachment 5.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

Policy Implications

The proposal has been assessed under and accords with the provisions of the City’s Local Planning Policy 4.2: Structure Planning.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. Pursuant to Clause 9.4.1 of District Planning Scheme No. 2 WAIVES the requirement for re-advertising of the modified Eglinton Local Structure Plan No. 82 as the modifications are considered to be of a minor nature which does not materially alter the intent of the advertised version of the Eglinton Local Stucture Plan No 82 considered by Council at its meeting of 8 February 2011 or cause any significant detriment to land within or abutting the structure plan area;

2. Pursuant to Clause 9.6.1 of District Planning Scheme No.2 RESOLVES that the draft Eglinton Local Structure Plan No.82, forwarded to the Western Australian Planning Commission on 11 February 2011 submitted by Development Planning Strategies on behalf of Eglinton Estates and Oceanscapes Alliance included in Attachment 2 is satisfactory subject to the modifications included in Attachments 4 and 5 being made in accordance with the Administration Comment provided in Attachment 6 to the satisfaction of the Director, Planning and Sustainability; and

3. SUBMITS three copies of the modified structure plan to the Western Australian Planning Commission for its adoption and certification.

Attachments:

1.	Location Plan	12/27641
2.	Part 1 Text from Administration	12/27609	Minuted
3.	Part 1 Local Structure Plan as advertised	12/33950
4.	Modifications required by CoW at 8 February 2011	12/27249	Minuted
5.	WAPC Modifications	12/25024	Minuted
6.	Administration comments to WAPC Mods	12/28367	Minuted
7.	Plan showing environmental approvals and POS	12/27603

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 61

		MODIFICATIONS REQUIRED BY COUNCIL RESOLUTION DATED 8 FEBRUARY 2011
	Department of Education (DoE)
1.1		Modify Section 6.3 : Population Projections (Part 2), page 112 to replace the figure 7,500 with 6,290. Modify Section 6.3: Population Projections (Part 2), Table 6, page 112 to recalculate population projections to correspond with the new projection figure of 6,290.
1.2		Modify the Community Development Plan, Section 3.1: Education by deleting the words “(with one potentially being a private school)” from the following sentence: “At build out, the LSP will have three primary schools (with one potentially being a private school)”.
	Water Corporation
4.1		Modify Section 3.12.3 (Part 2) to include the following text: “Provision will be made to accommodate the final alignment and protection of the proposed Yanchep Sewer Main”.
4.2		Modify Section 6.01 of Appendix 4: Engineering Service Report, page 13 as follows: Replace the following text: “Preliminary Water Corporation planning indicates up to four groundwater bore sites located on the western side of the old Marmion Avenue alignment in the Eglinton LSP area (refer Figure 6)” With “Preliminary Water Corporation planning indicates up to three groundwater bore sites in the Eglinton LSP area (refer Figure 6)”. Modify Figure 6 of Appendix 4: Engineering Service Report to show proposed Water Corporation groundwater bore sites and their associated 300m wellhead protection zones as indicated on plan supplied by the Water Corporation and attached to this report (Attachment 6).
	Public Transport Authority (PTA)
5.1		Modify Appendix 3: Transport and Access Report, Figure 2.2, page 13, to reflect the Transperth Bus Route to be provided from Marmion Avenue to the Eglinton Rail Station (as shown in Attachment 7) and include the following notation: “All roads proposed to be used by Transperth bus services are to be designed in accordance with the specifications of the Public Transport Authority”.
5.2		Add the following text to Section 5.1; Sustainability, Ecosystems and Health table of objectives (Part 2, page 82) as follows: “Objective: To protect people from unreasonable levels of transport noise by establishing a standardised set of criteria to be used in the assessment of proposals”. “Strategy/LSP Response: Ensure development complies with the requirements of SPP 5.4 – Road and Rail Transport Noise and Freight Considerations in Land Use Planning and incorporates the recommendations outlined in the Acoustic Assessment Report prepared by Herring Storer Acoustics dated August 2010”. Modify Clause 3.2.17 (Part 2) and 5.6.3 (Part 2, page 101) to delete the words “Noise Considerations” and insert the title “Road and Rail Transport Noise and Freight Considerations in Land Use Planning” when referring to SPP 5.4.
5.3		Delete the following text from Clause 3.11.1 ‘Public Transport’ (Part 2) page 58: “It is anticipated that establishment of stations would proceed in this order of priority”. and “These assumptions reflect discussions with Transperth held in February 2010 and follow up advice received in July 2010”. Delete the following text from Clause 3.14 ‘Connectivity Opportunities’ (Part 2) page 67: “PTA’s most recent position has identified that the rail service extension to Yanchep will likely occur within the next 5-7 years and as such would provide strong regional connectivity for the future residents of Eglinton”.
5.4		Modify Structure Plan Map (Part 1) and corresponding maps to show increased width in rail reserve area to allow for bus access, bus station facilities and the station itself. Replace the following text from Clause 3.14 ‘Connectivity Opportunities’ (Part 2) page 67: “The proposed STS service will reduce the requirements for ‘park and ride’ transfer to the rail network”. With “Whilst the proposed STS service may reduce the requirements for ‘park and ride’ transfer to the rail network, land has been reserved for the establishment of park and ride facilities”. Delete the following text from Clause 3.14 ‘Connectivity Opportunities’(Part 2) page 67: “Other ‘kiss and ride’ and ‘park and ride’ stations outside of the district and regional centre can cater for residents who will drive to rail station’s”.
5.6		Modify Table 5 - Land Use Budget to include the area to be allocated to Bus Station and facilities, bus and car access and park and ride and kiss and ride facilities. This area should be a minimum of 3 hectares.
	Development Planning Strategies (DPS)
6.1		Modify Structure Plan Map (Part 1) to reflect density range in Precinct 3 from R25-R40 to R25-R60 as detailed in Attachment 7 (1).
6.2		Modify Structure Plan (Part 1), corresponding plans in Part 2 and Appendices to reflect alternate position of School site and open space area in Precinct 3 as detailed in Attachment 8 (2): Delete the notation “Location of Primary School/Playing Fields indicative only. The exact configuration (location of the school in relation to the sporting facilities) will be further investigated and refined at a more detailed planning stage (subdivision)”.
6.3		Modify Structure Plan Map (Part 1) , corresponding plans in Part 2 and Appendices to reflect the modified position of POS in Precinct 3 as detailed in Attachment 7 (3): Modify POS Schedule (Table 7, Part 2) and Land Use Budget (Table 5, Part 2) to reflect amended POS figures
6.4		Modify Structure Plan Map (Part 1), corresponding plans and Appendices to reflect the modified position of east-west Neighbourhood Connector in Precinct 3 as detailed in Attachment 8 (4):
6.5		Modify Structure Plan Map (Part 1), corresponding plans and Appendices to reflect modified position of neighbourhood connector and access point onto Marmion Avenue as detailed in Attachment 8 (5): Distance between minor intersections accessing Marmion Avenue to be no less than 500m
	Taylor Burrell Barnett (TBB)
9.5		Modify 5.4.1: Streetscapes (Part 2), Type 2 STS – Within the District Centre by replacing the following sentence: “The STS will run along this road, with bus stopping on the road”. With “The STS will run along this road, with a separate bus lane to be provided at all major junctions and bus stops”. Modify 5.4.1: Streetscapes (Part 2), Type 3 STS Route by including the following sentence: “The STS will provide a separate bus lane at all major junctions and bus stops”. Modify 5.4.1: Streetscapes (Part 2), Type 4 STS – Adjacent Neighbourhood Centre and Oval by including the following sentence: “The STS will provide a separate bus lane at all major junctions and bus stops”.
	Main Roads Western Australia (MRWA)
11.1		Modify Figure 30 (Part 2) to achieve consistency with the hierarchy of the roads as indicated in the Structure Plan Map (Plan 1, Part 1). The eastern north-south connector and east-west connector should be shown as neighbourhood connectors or the classification as Integrator Arterial (B) needs to be justified.
11.5		Modify Section 8.4 (Part 2) and Figure 39 (Part 2) to address subclause 7.6 S2 of the Alkimos-Eglinton District Structure Plan by incorporating the staging recommendations included in Appendix 5: Economic Development Strategy of the draft LSP, into the staging proposal for the LSP.
11.9		Modify Section 5.4.1 – Streetscapes (Part 2) Type 6 - to reflect a minimum verge width of 5 metres for Marmion Avenue and Eglinton Drive.
11.10		Modify Figure 26: Indicative Site Plan (Part 2) and Figure 30: Proposed Road Hierarchy (Part 2) to provide roundabouts where four way intersections of local streets are provided.
	Department of Water (DoW)
12.01		Modify the LWMS (appendix 6) to include detailed contingency measures for POS irrigation in the absence of an alternative water source. This report must include details of the minimum water requirements for the LSP area. Modify the LWMS (appendix 6) to include the statement that “Where there is any inconsistency between the provisions, standards or requirements of the District Water Management Strategy and the Local Water Management Strategy, the provisions, standards or requirements of the District Water Management Strategy shall prevail”.
12.02		Modify the LWMS (appendix 6) to reflect the latest versions of GHD’s reports and recently released draft DWMS.
12.03		Delete all references to “Water Corp” from Table 3, LWMS (Appendix 3, page 5). Modify Table 5, LWMS (Appendix 3, page 15) to provide greater detail in relation to the proposed maintenance schedule, costings and requirement for a detailed log confirming maintenance undertaken prior to the handover of infrastructure.
12.04		Modify Section 3.2: Design Criteria (Appendix 3, page 5) to include the following text: “The design criteria outlined are to be incorporated, wherever possible, into future structure planning, Detailed Area Plans, subdivision applications and development applications”.
12.05		Modify Section 3.3.1: Public Open Spaces (Appendix 3, page 6) to clarify why the 1:5 year ARI has been used in the design of the bioretention area of the POS.
12.06		Modify Section 4.1: Hydrological Opportunities and Constraints (Appendix 3, page 7) to clarify the term ‘multi-use infiltration basins’ and to provide details and figures/concept designs of such basins.
12.07		Modify Section 4.5: Stormwater Management Strategy (Appendix 6, page 11) to include the following principles: Detailed design to be provided showing where the 1:1 ARI events will be treated for water quality. Allow 20% of lot areas to discharge to the road drainage system for ARI’s in excess of the 1:1 year ARI events. No flows from 1:1 year ARI events external to POS shall reach any POS by surface flow. Permeability to be tested at each proposed swale location before UWMS stage and discussed with the City prior to adoption of infiltration rate. Road reserve width may need to be increased to ensure provision of sufficient infiltration whilst still providing adequate space for footpaths, utilities, car parking and street trees. The area of proposed bio-retention devices should be at least 2% of connecting impervious area. No service utilities should pass through the proposed mini swales. The proposed pits with an open base need further assessment at the subdivision stage.
12.08		Once confirmation is made that there are no incompatible land uses in the P3 areas, modify Section 4.5.1: Surface and Groundwater Management Strategy (Appendix 6, page 12) to delete the following sentence: “Due to the majority of the site being within a Priority 3 PDWSA, land uses not compatible with the designation are unlikely to be approved”.
12.09		Modify Section 4.5.1 to include a list of all POS irrigation requirements, information on current groundwater licenses and available water allocation for this area.
12.11		Modify the Local Water Management Strategy (Appendix 6), Appendix D to include water quality data.
12.12		Modify the Local Water Management Strategy (Appendix 6) to include reference to a commitment to post development monitoring of water quality including proposed locations, frequency and parameters.
12.13		Modify figure numbering and corresponding text throughout the Local Water Management Strategy (Appendix 6) as required.
	Department of Environment and Conservation (DEC)
13.01		Modify Table A: General Planning Requirements for Structure Plan Area, Clause 1 – Structure Plan Map (Part 1) to include the following text 1.2: Where provisions of the Structure Plan are inconsistent with any environmental approvals issued by the State or Federal Government, the LSP shall be amended to ensure consistency. Note: This text has been included as part of the requested modifications to Part 1 of the LSP as detailed in Attachment 3.
13.2		Modify the Structure Plan Map (Plan 1, Part 1) and corresponding maps to show the relevant areas as ‘Indicative Strategic Conservation Open Space’ and include these areas in the Legend in accordance with the City’s LPP 4.3 - Public Open Space Modify the Structure Plan Map (Plan 1 Part 1) and corresponding maps to include a letter for each ‘Indicative Strategic Open Space’ and ‘Indicative Strategic Conservation Open Space’ shown on the Plan, and link this to the Public Open Space Schedule (currently located in Part 2, Table 8, page 115). Relocate POS Schedule (Table 8, Part 2, page 115) to Part 1 (Table J).
13.3		Modify Section 6.4 (Part 2) to include the following consideration under the sentence ‘POS areas have been located with regard to the following’: Consideration of environmental features. And include detail of how this has been achieved in the LSP. Modify Section 6.4 (Part 2) to include demonstration that POS areas have been located in accordance with the City’s Public Open Space Policy.
13.7		Modify the Environmental Assessment (appendix 2) Section 6.2: Clearing of Native Vegetation (page 42) to include further details as to the amount of vegetation required to be cleared for the establishment of service corridors, roads, fences, buildings and drainage infrastructure.
13.8		Modify Part 2, subsection 3.8.9 to detail which (if any) natural areas will be retained to allow the GSM to persist and if so their area and the likelihood that proposed areas will retain GSM in the long-term.
	Department of Planning (DoP)
14.1		Modify Part 2, subsection 3.8.14; and Appendix 2: Environmental Assessment 2.4.4 Coastal Setbacks to detail how the requirements of WAPC Position Statement - State Planning Policy No. 2.6 State Coastal Planning, Schedule 1 Sea Level Rise have been addressed by this LSP. Consequential amendments to the LSP should then be made. Modify Structure Plan Map, Plan 1, Part 1 and corresponding maps to include a coastal setback line, in accordance with Statement of Planning Policy 2.6: State Coastal Planning and WAPC Position Statement - State Planning Policy No. 2.6 State Coastal Planning Policy Schedule 1 Sea Level Rise. Modify Part 1 to require subdivision and development within the Structure Plan area to comply with the requirements of Statement of Planning Policy 2.6: State Coastal Planning and WAPC Position Statement - State Planning Policy No. 2.6 State Coastal Planning Policy Schedule 1 Sea Level Rise. Note: This text has been included as part of the requested modifications to Part 1 of the LSP as detailed in Attachment 2.
14.2		Modify Structure Plan Map, Plan 1, Part 1 and corresponding maps to relocate the regional foreshore shared path to the landward side of the identified coastal foreshore reserve to comply with requirements of SPP 2.6 (5.1)
14.3		Modify the Environmental Assessment (Appendix 2, page 45) Section 6.4 by replacing the following sentence: “All stormwater runoff from the development will be locally infiltrated in road reserves, medians, multiple use POS and potentially within the foreshore reserve”; With “All stormwater runoff from the development will be locally infiltrated in road reserves, medians and multiple use POS”. Modify Part 2, subsection 4.1.1, under ‘Environmental Principles’ to delete the reference to drainage within the second and third dot point.
14.4		Modify the Environmental Assessment (Appendix 2, page 44) by replacing the following sentence: “Fenced beach access paths ....should be provided along the foreshore reserve at a relatively high frequency approximately every 75-100m.” With “Fenced beach access paths ....should be provided along the foreshore reserve at a frequency approximately every 150m.”
14.4		Modify the Environmental Assessment Report (Appendix 2) to correctly indicate the Bush Forever Area that will undergo the MRS amendment.
14.8		Modify Table A: General Planning Requirements for Structure Plan Area (Part 1) page 16 to indicate the requirement for a detailed area plan to be prepared prior to any subdivision being supported for the Coastal Village Activity Centre. Note: This text has been included as part of the requested modifications to Part 1 of the LSP as detailed in Attachment 2. Modify Section 7.1 (Part 2) to include reference to the preparation of a DAP for the Coastal Activity Centre of Precinct 1.
14.10		Modify the Structure Plan Map (Plan 1, Part 1) and corresponding maps to include the following notation. Provision is to be made for an easement to accommodate a 132kv transmission line along the Mitchell Freeway of up to 32m in width (final width to be determined with Western Power prior to subdivision).
14.11		Modify Section 3.5: Alkimos Eglinton District Structure Plan (Part 2, page 40) by deleting the following sentence: This supporting information is included herewith in Part Two and as Appendices to the LSP. And replace with the following text: This supporting information is summarised in the table below:
		Required in DSP	Provided
		Vegetation Management Strategy	Environmental Assessment (Appendix 2), in particular section 6.2
		Fauna Management Strategy	Environmental Assessment (Appendix 2), in particular section 6.2
		Local Water Management Strategy	Local Water Management Strategy (Appendix 6)
		Landscape Concept Plan	Part 2, Section 6.5
		Open Space Strategy	Part 2, Section 6.4
		Karst Investigation	Part 2, Section 3.10
		Local Road Network Plan	Part 2, Section 5.5
		Sustainability Strategy	Sustainability Strategy (Appendix 1)
		Community Development Strategy	Community Development Strategy (Appendix 7)
		Economic and Employment Strategy	Economic and Employment Strategy (Appendix 5)
		Developer Contribution Strategy	Developer Contribution Strategy (Part 1, Table K)
		Housing Diversity, Residential Yield and Density Analysis Plan	Structure Plan Maps (Part 1 & Part 2) and Part 2, Section 6.2, 7.1-7.5 inclusive
14.13		Modify Part 1 of the LSP by including text or tables that provide the following information: Locational criteria and the process detailing how the coding of land in the Structure Plan area is to be facilitated; and Minimum dwelling densities per hectare for strategic areas.
14.14		Modify the Economic Development Strategy (Appendix 5) to fully address subclause 7.6 S1 of the Alkimos-Eglinton District Structure Plan by clearly stating the actions proposed in relation to employment and economic development, who is responsible for each action and when each action should be initiated and finalised.
	City of Wanneroo Administration
15.1		Modify Part 1 in accordance with the Track Changed version of Part 1 included as Attachment 2 to this report and to include any other modifications recommended herein.
15.2		Note: This text has been included as part of the requested modifications to Part 1 of the LSP as detailed in Attachment 3.
15.2		Amend the Structure Plan Map (Plan 1, Part 1) and corresponding maps to include the following: A symbol for ‘Local Centres’ on the legend Indicate the locations of the proposed local centres (including those surrounding the indicative stops along the proposed STS route) and the areas currently shown as possible beachside restaurant/cafe/ corner stores. Provide a mixed use zoning for these Local Centres Delete the reference to possible beachside restaurant / cafe / corner store from the Legend and the symbol from the plan.
15.3		Modify the Legend on Structure Plan Map (Plan 1, Part 1) and corresponding maps to replace the words: “Land Subject to MRS Amendment”.. with “Subdivision and Development of land subject to MRS Amendment to zone subject land Urban under the MRS and Urban Development under the Scheme”.
15.4		Modify the Structure Plan Map (Plan 1, Part 1) and corresponding maps to show the Indicative Strategic Open Spaces ‘A’ and ‘B’ as a darker green, and include the following text: “Regional Open Space subject to MRS Amendment to reserve land as Parks and Recreation”. The above text and associated coloured box is to be included beneath the Indicative Strategic Open Spaces reference in the Legend. Delete the following text: “Land subject to MRS amendment & land exchange for notated open spaces A & B”. from the Structure Plan Map (Plan 1 Part 1) and corresponding maps.
15.5		Amend Structure Plan Map (Plan 1, Part 1) and corresponding maps to delete the precincts insert plan and include the information contained in this insert onto the main plan.
15.6		Modify Plan 1 – Structure Plan Map to include “Detailed Area Plan Boundary” on the Legend and include these boundaries on the Plan in accordance with the areas described in Part 1 Text.
15.7		Modify Structure Plan Map Legend (Plan 1, Part 1) and corresponding maps to include “Inclusive School - Kindergarten to Year 12”.
15.8		Increase the size of the Structure Plan Map provided in Part 1 to A3 size.
15.09		Modify Structure Plan Map (Plan 1, Part 1) and corresponding maps to show a direct “shared pathway” connection from the railway station to the Marina Precinct. Modify Section 5.4.1: Streetscapes, Type 2 STS within the District Centre (page 89) to include cycle infrastructure along this portion of the STS route
15.10		Modify Figure 32: Indicative Pedestrian and Cycle Network (Part 2) to include an interim route for the regional recreation path, prior to the development of the marina.
15.11		Modify Figure 26: Indicative Masterplan (Part 2) and Section 6.4 (Part 2) to include the following text: “All public open space sites, especially those less than 5000m², are subject to assessment by the City of Wanneroo in accordance with the City of Wanneroo’s Local Planning Policy 4.3: Public Open Space, at the detailed area plan and/or the subdivision stage”. Modify Section 6.5.2 – Open Spaces – Typologies (Part 2, page 120) to demonstrate how all public open space sites included in Table 8 that are less than 5000m² meet the requirements of LPP 4.3.
15.12		Modify Section 8.2 (Part 2) to include the proposed Metropolitan Region Scheme and District Planning Scheme map for the Structure Plan area.
15.13		Modify Table H (Part 1 - first table), Table 3 (Part 2) and Economic Development Strategy (Appendix 5) to include floorspaces consistent with the Alkimos-Eglinton DSP. Note: These changes have been included as part of the requested modifications to Part 1 of the LSP as detailed in Attachment 3.
15.14		Modify Table H (Part 1) to replace the title of the third table with the following text: “Marmion Avenue Neighbourhood Centres.” Modify Table H (Part 1) by including a fourth table titled: “STS route Neighbourhood Activity Centres”. and indicate floorspace figures consistent with the Economic Development Strategy (Appendix 5). Note: These changes have been included as part of the requested modifications to Part 1 of the LSP as detailed in Attachment 2.
15.15		Modify the title of Appendix 7: Community Development Plan to Community Development Strategy.
15.16		Modify the Community Development Plan (Appendix 7), tables 3-5, to include detail as to who is responsible for providing the community facilities and the services proposed by the LSP.
15.17		Modify the Community Development Plan (Appendix 7) to replace the reference to Local Centres to Neighbourhood Centres where appropriate.
15.18		Modify the Community Development Plan (Appendix 7), Table 6 to include reference to the provision of community centres as mentioned in the text, including the proposal for an interim facility in the district centre, to ultimately be upgraded to a district community centre, and a local community centre in the Coastal Village.
15.19		Modify the Community Development Plan (Appendix 7), Table 4, page 27 to delete the words district level with the words neighbourhood facility.
15.20		Documentation to be provided to show that the owners of Lot 6 Marmion Avenue accept the access across the railway reserve shown on their land in Plan 1 – Structure Plan Map. If the land owners acceptance of this is unable to be demonstrated, then Plan 1 – Structure Plan Map; Figure 26: Indicative Master Plan; and Part 2 text to be modified to include a connection between Precinct 4 and Precinct 6 across the railway reserve, within the Structure Plan area.
15.21		Modify the Community Development Plan (Appendix 7) to detail how the relevant initiatives included in the Sustainability Strategy will be addressed.
15.22		Modify the Aboriginal Heritage Report (Appendix 8) recommendations to correctly renumber the recommendations and include an additional recommendation as follows: “That the Pipidinny Lake site be surrounded by POS to provide a buffer to the heritage site” Modify the Aboriginal Heritage Report (Appendix 8) by renumbering the recommendations to 1 and 2, instead of 3 and 4.
15.23		Modify Part 1, Section 2.3 to replace the sentence: “To create a balance between the environment and requirements of the community”. with “To create balance between the protection of the environment and other requirements of the community”. Note: This change has been included as part of the modifications made to Part 1 of the LSP as detailed in Attachment 2.
15.24		Modify Part 1, Section 2.3 to include the replace the sentence: “To work with the character of the landscape to optimise density and development in a responsive manner”. With “To work with the character of the landscape to optimise density and development in a responsive manner and to maximise the retention of the original landform”. Note: This change has been included as part of the modifications made to Part 1 of the LSP as detailed in Attachment 2.
15.26		Modify the Environmental Assessment (Appendix 2), Section 5.5: Significant Fauna to include reference to the Peregrine Falcon.
15.27		Modify the Environmental Assessment (Appendix 2), Section 6.2: Vegetation and Fauna Management Strategy, Pre Construction – Seed Collection and Propagation, to include seed collection of all native species.
15.28		Modify the Environmental Assessment (Appendix 2), Section 6.3, to delete the words “where possible” from the sentence “Landscaping in formal areas of the foreshore reserve should use local native species where possible”.
15.29		Modify Part 2, Section 3.2 to include the following City of Wanneroo Local Planning Policies: Local Planning Policy 2.1: Residential Development Local Planning Policy 4.2: Structure Planning Local Planning Policy 4.3: Public Open Space
15.30		Modify Part 2, subsection 3.7.2 to detail the measures that have been incorporated into the LSP to mitigate the impact on the species listed under the Environment Protection and Biodiversity Conservation Act.
15.31		Modify Part 2, subsection 3.8.9 to delete the following text: “GSM are known to occur in relatively small Bush Forever sites within urban areas in the City of Wanneroo”.
15.32		Modify Part 2, subsection 3.8.15 to detail the location of any locally significant areas.
15.33		Modify Part 2, subsection 3.8.17 to include discussion of the potential wastewater/greywater/stormwater reuse proposal and its conflict with current state policy.
15.34		Modify Part 2, subsection 4.1.1, Environmental Principles (first dot point) to read as follows: “Design to accommodate ecologically viable areas of vegetation and dunal landform identified for retention”.
15.35		Modify Section 4.1.1 Site Responsive Theme under Environmental Principles, (under the second dot point) to include the following: “Whilst it is important to retain and restore existing elements of the natural drainage system and integrate these elements into the urban landscape, drainage in bushland areas is unlikely to be supported”.
15.36		Modify Part 2, subsection 4.1.2 to include reference to Local Planning policy 4.3: Public Open Space.
15.37		Modify Part 2, Section 6.4 and Table 8 to demonstrate that the 3% conservation open space requirement has been met, and that the conservation public open space areas are viable in accordance with the POS LPP.
15.38		Modify Part 2, subsection 6.5.2 to include text for Open Space Typology ‘H’ or replace with Open Space Typology ‘N’
15.39		Modify Part 2, subsection 5.4.1, point 2 to include the following text: Local native species will be prioritised where practicable.
15.40		Modify Part 2, subsection 5.4.1 to include a point seven stating: “The retention of vegetation will be the priority, with planting comprising additional local native species to complement retained vegetation”.
15.41		Modify Part 2, subsection 6.5.1 to delete reference to the dog beach.
15.42		Modify the Local Water Management Strategy (Appendix 6), Section 4.1, to replace the sentence: “Revegetation with waterwise plants will substantially reduce the requirement for irrigation and nutrient inputs”. with “Revegetation with locally native waterwise plants will substantially reduce the requirement for irrigation and nutrient inputs”.
15.43		Modify Local Water Management Strategy (Appendix 6), Section 4.4, by replacing the word “minimal” with “no” in the following sentence: “All street and shrub planting species need to be selected to survive with minimal irrigation or hand watering after the initial 3 year water period required for establishment”.
15.44		Modify Section 4.5.1: Surface and Groundwater Management Strategy to include the pre and post development flows and volumes for each catchment. Modify Section 4.5.1: Surface and Groundwater Management Strategy to include the requirement for swales not to be more than 300mm in depth. Modify Section 4.5.1: Surface and Groundwater Management Strategy (page 12, 2nd paragraph) by replacing the word “week” with the words “76 hours” in the following sentence “Design will ensure that standing water will not persist in the basins for longer than a week to reduce the risk of mosquito breeding”.
15.46		Modify Structure Plan Map (Plan 1, Part 1) and corresponding maps to show the STS route extending into the business zone (Precinct 6) south of Eglinton Drive.
15.47		Modify Structure Plan Map (Plan 1, Part 1) and corresponding maps to include vehicle access across the railway reserve from Precinct 4 to Precinct 6.
15.48		Modify Part 2, page 129 to delete any reference to an elevated walkway/overpass across Marmion Avenue.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 84

Development Applications

PS05-04/12 Proposed Commercial Development at Lot 1061 (2) Captiva Approach, Butler - DA2100/799

File Ref: DEV11/1074 – 11/138206

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider an application for a commercial development at Lot 1061 (2) Captiva Approach, Butler.

Applicant	Greg Rowe and Associates
Owner	Tango Investments (WA) Pty Ltd
Location	Lot 1061 (2) Captiva Approach, Butler
Site Area	1.5907 hectares (ha)
DPS 2 Zoning	Urban Development
ASP 27 Zoning	Business

Background

On 2 August 2011, the City received an application from Greg Rowe and Associates for a commercial development at Lot 1061 (2) Captiva Approach, Butler.

Detail

Site

The subject land is located at the north-eastern corner of Lukin Drive and Connolly Drive and is bounded by Captiva Approach to the north and Tarpon Link to the east. Attachment 1 contains a location plan of the subject site. The site was created in 2007 in accordance with Western Australian Planning Commission subdivision approval 123426, dated 9 June 2004.

The site is bound to the west and south by Connolly Drive and Lukin Drive (respectively), which are reserved as ‘Other Regional Roads’ under the Metropolitan Region Scheme (MRS). As a result, vehicular access from the subject lot to these roads is prohibited.

Zoning

The subject land is located within the Butler-Jindalee District Structure Plan No. 39 (DSP 39) area and the Butler-Ridgewood Local Structure Plan No. 27 (LSP 27) area. The subject land is zoned Business in DSP 39 and in LSP 27. Under District Planning Scheme No. 2 (DPS 2), the objectives of the Business Zone are:

“· to provide for retail and commercial businesses which require large areas such as bulky goods and category/theme based retail outlets as well as complementary business services; and

· to ensure that development within this zone creates an attractive façade to the street for the visual amenity of surrounding areas.”

Proposal

Included as Attachment 2 are plans of the proposed development (as advertised for public comment), which consists of three separate buildings. One of the buildings is located at the south-eastern corner of Connolly Drive and Captiva Approach and is proposed to accommodate a medical centre, pharmacy, dentist, physiotherapy, pathology and hairdresser. The second building located at the south-western corner of Captiva Approach and Tarpon Link is proposed to accommodate a Liquor Store, café, convenience store, office, costume hire, real estate office, bakery and veterinary clinic. The third building overlooking the intersection of Lukin Drive and Connolly Drive is proposed to accommodate a McDonald’s Restaurant.

The following table provides a summary of the proposed tenancies in each building, together with their permissibility and proposed floor area. Uses indicated by the letter ‘P’ are permitted (as of right), while those labelled ‘D’ are uses that are only permitted at Council’s discretion.

Medical Centre building		Liquor Store building		McDonald’s Restaurant
Land use	Floor area (m²)	Land use	Floor area (m²)	Land use	Floor area (m²)
Medical Centre (P)	552	Liquor Store (D) Warehouse	1,232 300	McDonald’s Restaurant (D)	552
Pharmacy (D)	253	Convenience Store (P)	99	Total	552
Dentist (P)	126	Costume Hire (P)	99
Physiotherapy (P)	126	Real Estate Office (P)	99
Medical Practice (P)	82	Office (P)	99
Pathology (P)	62	Bakery (D)	99
Hairdresser (P)	68	Beauty Salon (P)	83
Total	1,269	Veterinarian (P)	112
		Café (P)	60
		Total	2,282

The total net lettable area proposed is 4,103m².

The proposal satisfies all the development provisions of DPS 2 with the exception of car parking, which is discussed further below.

Traffic Movement

With vehicle access prevented onto Lukin Drive and Connolly Drive, the proposal makes provision for full movement access off Captiva Approach and Tarpon Link.

Car parking

Under DPS 2, a total of 294 carparking bays are required for the proposed development, based on the floor area and mix of uses proposed. The development proposes 269 on-site car bays, representing a shortfall of 25 car bays. The applicant has requested this reduction in the number of parking bays on the basis of the reciprocity of land uses proposed.

Consultation

The proposal was advertised for public comment for a period of 28 days between 20 September and 17 October 2011 by way of two on-site signs, an advertisement in the Wanneroo Times, a notice on the City’s website and letters to the adjoining landowners. At the conclusion of the comment period, the City received nine submissions with one of them containing a 24-signature petition raising objections to the proposed development.

Cr Steffens tabled the submission containing the 24-signature petition at the 15 November 2011 Council meeting (PT03-11/11).

The main issues raised in the submissions are:

· The liquor store and the McDonald’s Restaurant are not suitable at this site;

· Captiva Approach and Tarpon Link cannot support commercial traffic; and

· The parks in the vicinity of the site are likely to be misused for consumption of liquor purchased from the proposed liquor store.

A summary of submissions and Administration’s responses are provided in Attachment 3.

Comment

Administration provides the following comments on layout of the development and parking provision, in addition to those provided in the summary of submissions.

Layout

Following an assessment of the layout of the proposed development, Administration suggested the following built-form changes to the applicant:

· Modifications to the façade of the proposed McDonald’s Restaurant;

· Articulation of the blank liquor store wall facing Captiva Approach and to appropriately landscape this elevation; and

· To re-arrange the tenancies adjoining the Medical Centre to face the tenancies adjoining the liquor store to create more of a ‘main street’ environment.

The applicant has modified the plans and elevation accordingly (refer Attachment 4). The modified plans are considered to reflect a better built form than what was originally proposed and advertised for public comment.

Car parking

In accordance with DPS 2, the proposed development requires 294 car parking bays, although only 269 on-site car parking bays are proposed, representing a shortfall of 25 bays. Shortfalls to parking requirements can be considered where there will not be an adverse impact on the surrounding area. Factors such as the reciprocal use of bays by different land users which have different peak demands for parking can reduce the need to provide the number of bays specified by DPS 2. The proposal incorporates a variety of land uses such as restaurants and cafés that are likely to have different peak demands for parking to uses such as the proposed office, bakery or veterinary clinic. The relatively modest parking shortfall is supported in this instance on the basis that car bays and the car parking demand across the site will be shared by different uses throughout the day.

In addition, the WAPC’s State Planning Policy 4.2: Activity Centres recommends minimising the amount of off-street parking, particularly for centres that are readily accessible by walking, cycling or public transport. The proposed commercial development, which is a designated Activity Centre, is well connected by public transport (along Connolly Drive), cycle paths and footpaths, and therefore it is considered reasonable to minimise the amount of off-street (i.e. on-site) parking.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“3 Economic

3.1 Create strategic shifts in job markets to meet future needs and demands”

3.2 Support business and initiatives.”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council APPROVES the development application submitted by Greg Rowe & Associates on behalf of Tango Investments (WA) Pty Ltd in accordance with the provisions of District Planning Scheme No. 2 for the proposed commercial development at Lot 1061 (2) Captiva Approach, Butler as depicted in Attachment 4, subject to the following conditions being met to the satisfaction of the Manager, Planning Implementation:

Car parking:

1. The proposed car parking area shall be designed and constructed as per the provisions of Australian Standard 2890 and shall make provision for a minimum of 269 car bays;

2. 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;

3. 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 at convenient locations;

4. 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;

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

6. 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;

General:

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

8. All the proposed pedestrian linkages within the proposed development area are to be linked to the existing pedestrian network within the surrounding road network;

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

10. 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;

11. Detailed landscaping and reticulation plans for the subject site and adjacent road verges shall be lodged for approval by the City when application is made for a building licence. Planting and installation shall be in accordance with the approved landscaping and reticulation plan and the landscaped area shall be maintained to the satisfaction of the City;

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

13. 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;

14. 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; and

15. All services such as air conditioning plant and compressors shall be located away from public areas. All services and service yards shall be screened 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.

Attachments:

1.	Captiva App - A 1	12/29362
2.	Captiva App - A 2	12/16828
3.	Captiva App - A-3	12/33870
4.	Captiva - A - 4	12/17536	Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 100

Other Matters

PS06-04/12 Proposed Road Closure - Portion of Pannell Way Girrawheen

File Ref: 6558 – 12/5007

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 3

Issue

To consider the permanent closure of two 14m² portions of the Pannell Way, Girrawheen road reserve and the subsequent amalgamation of the land into adjoining Lot 1 (16) Pannell Way and Lot 14 (2A) Pannell Way, Girrawheen.

Background

The subject land originally formed part of a larger parent property owned by the State Housing Authority, which contained 12 grouped dwellings, which were scheduled for demolition as part of the State Governments ‘New North’ urban renewal project.

The original site (Lot 1321 Pannell Way, Girrawheen) was 1.1761 hectares and it was recognised that the application of a higher density coding would provide greater opportunities to enhance and refurbish the site in accordance with the objectives of the City’s Local Housing Strategy (refer Attachment 1 – Location Plan).

Lot 1321 was zoned Residential R40 under District Planning Scheme No. 2 (DPS 2) and was approved for subdivision by the Western Australian Planning Commission on 17 April 2009 (WAPC 139116) to create 29 residential lots ranging in size between 271 m² and 445 m². The subdivision approval depicted a reduction in the size of the corner truncations at the intersections of Pannell Way/Montrose Avenue and Pannell Way/Chataway Road from 8.5 metres to 4.3 metres (refer Attachment 2). The subdivision approval included the following advice note:

“4. In regard to Condition 3, the City of Wanneroo advises the following:

(i) Reduced truncation can be considered depending on the verge width, design speed and demonstrating adequate forward visibility. In this regard, the applicant is required to demonstrate the suitability of any reduced truncations through the submission to the City of detailed engineering drawings.

(ii) If reduced truncations are accepted by the City, the applicant will need to initiate closure of those portions of the existing road reserve in accordance with the provisions of the Local Government Act and to include the closed road reserves within the adjoining lots.”

The reduction of the corner truncations can only be achieved by the permanent closure of portion of the abutting road reserve, in accordance with the provisions of Section 78 of the Land Administration Act 1997 and Regulation 9 of the Land Administration Regulations 1998.

The City also considered a Detailed Area Plan (DAP) for the proposed lots to provide for an improved built form and on 14 June 2011 the City approved a DAP for the land which (amongst other things) depicted reduced corner truncations.

On 16 February 2011 the City granted engineering approval for the subdivisional works and subdivision clearance was subsequently issued by the City on 16 November 2011.

The new titles have now been issued for the land and the State Housing Authority currently retains ownership of Lots 1 (16) Pannell Way and Lot 14 (2A) Pannell Way. The proposed closure area will be amalgamated with that portion of Lots 1 and 14 when finally approved (refer Attachment 3 - Road Closure Area).

As a result of the subdivisional works, the retaining walls, land fill, fencing and other structures associated with the lots currently exist within the portions of the road reserve that are to be closed.

Detail

The closure of the two 14 m² portions of the Pannell Way road reserve will be consistent with the following statutory approvals:

· The Western Australian Planning Commission subdivision approval (WAPC139116).

· The City of Wanneroo Detailed Area Plan approved for the land on 14 June 2011.

· The City of Wanneroo approved engineering drawings issued on 16 February 2011.

Consultation

In accordance with Section 58 of the Land Administration Act 1997, a local government should not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication of the proposed closure in a newspaper circulating in its district and the local government has considered any objections made within that period.

Public consultation occurred between 31 January 2012 and 6 March 2012 and was carried out by way of letters to relevant government agencies, advertisements in the Wanneroo Times and on the City’s website.

The City received five (5) submissions from the following agencies and service authorities - Western Power, Water Corporation, Telstra, WA Gas Network and Department of Regional Developments and Land (DRDL). No objections or concerns were raised.

No submissions were received from members of the public.

Comment

As there are no objections to the proposal and the closure is consistent with various statutory approvals given by the City and the WAPC, it is recommended that Council support the closure of portion of the Pannell Way road reserve and the amalgamation of the closed road truncations into Lot 1 (16) and Lot 14 (2A) Pannell Way, Girrawheen.

Statutory Compliance

Council must comply with Section 58 of the Land Administration Act and Regulation 9 of the Land Administration Regulations 1998, dealing with public advertising, objections and service agency responses to the proposed road closure and must formally resolve to ‘close the road’, prior to advising the DRDL and requesting the Minister of Lands to consider the closure request.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the submissions received from other government agencies and service authorities in respect of the proposed closure of portion of Pannell Way, Girrawheen, as depicted in Attachment 3;

2. SUPPORTS the closure of those portions of the Pannell Way road reserve depicted in Attachment 3 and their amalgamation with Lot 1 (16) Pannell Way and Lot 14 (2A) Pannell Way, Girrawheen; and

3. AUTHORISES a request being made to the Minister for Lands pursuant to Section 58 (2) of the Land Administration Act 1997, for the permanent closure of those portions of Pannell Way, Girrawheen, as depicted in Attachment 3.

Attachments:

1.	Attachment 1 - Location Plan	12/6888
2.	Attachment 2 - Closure Area	12/26472
3.	Attachment 3 - Closed Road to be Amalgamated	12/34084	Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 122

CB05-04/12 Proposed Lease - Portion of 935 Wanneroo Road, Wanneroo to Small Business Centre (North West Metro) Inc

File Ref: 1715 – 12/25636

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider entering into a new lease with the Small Business Centre (North West Metro) Inc (‘SBC’) at 935 Wanneroo Road, Wanneroo.

Background

The building known as Enterprise House at 935 Wanneroo Road, Wanneroo is situated on Lots 90 and 91, and owned freehold by the City under Certificate of Title Volume 1095 Folio 593.

The building was subject to an internal fit-out during the latter half of 2005 to permit services associated with the establishment of the Business Grow Centre and now houses Administration staff, the Wanneroo Business Association Inc and SBC.

The SBC is one of two entities that each occupy an office within the building under a lease arrangement with each having access rights to designated common areas as part of their respective leases. The SBC was established in 2006 to assist potential and existing small businesses develop and improve on their business success by providing independent confidential and practical assistance on a wide range of business related issues.

The SBC first entered into a lease for an area of 11.045m² at 935 Wanneroo Road, Wanneroo, (“Office Two”) and identified on the attached plan hatched black (Attachment 1 refers) with the City on 13 March 2006 CS05/01/06, for a period of two years and at the Ordinary Council meeting of 11 March 2008 CS05-02/08, Council resolved as follows:-

“That Council:-

1. NOTES there were no submissions or comments received in response to the local public notice placed in the Wanneroo Times on 14 February 2008 outlining the proposed lease to the Small Business Centre (North West Metro) Inc;

2. APPROVES the leasing of portion of 935 Wanneroo Road, Wanneroo (being Office One) to the Small Business Centre (North West Metro) Inc on a commercial basis for a period of three (3) years under the terms and conditions outlined in this report;

3. ACKNOWLEDGES that the building insurance is not recovered through the variable outgoings; and

4. AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo and execute the lease between the City and the and Small Business Centre (North West Metro) Inc.”

The essential terms of the lease included a rental of $2,100 per annum, plus outgoings calculated at $409 per annum, (plus GST), (with annual CPI increases).

The current lease with the SBC expired in March 2011 and SBC remain in occupation on a month to month holdover at a rent of $203.82, plus outgoings of $39.70 (inclusive of GST). On 11 October 2011 the SBC confirmed it wished to renew the Lease and negotiations have concluded with an in principle lease proposal which is the subject of this report.

Detail

The proposed lease comprises an area of 11.045 m² known as Office Two, together with a right of access to those parts of the building designated as common areas.

The SBC are grant funded and as such under the City’s Tenancy Policy, are categorised as government tenants with the terms of the lease being negotiable. The SBC received funding for a period of three (3) years in June 2011, from the City, The City of Joondalup and State Government.

A market valuation was sought for the rental of Office Two and a rate of $252 per m² (plus GST) was suggested, inclusive of variable outgoings.

· SBC currently pays rent of $2,223.48 per annum (plus GST), plus outgoings of $433.08 (plus GST), being a total of $2,656.56 per annum; and

· The valuation suggests a rent of $2,790 annum (plus GST) inclusive of outgoings.

Administration and SBC have negotiated, subject to Council approval, a rent of $2,706.03, being a rate of $245 m², inclusive of variable outgoings for a term of two (2) years in accordance with the remaining term of their funding provisions, with a three (3) year option period.

Accordingly, the essential terms for the proposed lease to SBC, subject to Council approval, are as follows:-

Lease Rental	$2,706.03 per annum (plus GST) inclusive of all outgoings
Lease Term	Two (2) years; with a three (3) year option
Commencement Date	1 June 2012
Rates & Taxes	N/A
Building Insurance	N/A
Variable Outgoings	N/A
Building Maintenance	Lessee to keep and maintain every part of the inside of the leased Premises including all ceiling panels, lighting and electrical installations, doors, windows, floor coverings and all other fixtures and fittings in good and substantial repair and condition.
Lessee Services	Lessee responsible for the provision of special requirements such as telephone and broadband services.
Special Conditions	· Licence to use the “common areas” being the foyer, toilets and tea preparation facilities · Booking arrangements for the training or meeting rooms · Any access to and conditions of use for City equipment · Restrictions on the use of the Common Areas · Display of brochures · Confidentiality and security · Parking arrangements

Consultation

The Small Business Centre has been consulted in relation to this new lease arrangement.

Comment

Should Council agree ‘in principle’ to the lease, given that the proposed lease is not an ‘exempt disposition’, it will be necessary to publish a local notice of the proposal, inviting public submissions. Subject to no submissions being received from this process, formal consent to the lease as outlined in this report is sought from Council.

Should any submissions be received, the Lease will not be executed and a further report will be presented to Council

Statutory Compliance

Regulation 30 of the Local Government (Functions and General) Regulations 1996 provides a basis under which certain ‘dispositions’ are exempt from the requirements of Section 3.58 of the Local Government Act 1995 (Act), including sub-regulation 30(2) (b), which states:-

“30(2) A disposition of land is an exempt disposition if –

(b) the land is disposed of to a body, whether incorporated or not –

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions”

The constitution of SBC has the following stated Objects:-

“(1) The objects of the Association are to assist in the formation and development of new and sustainable small businesses through the provision of services in the North West Metropolitan region of Perth.

(2) To provide the local business community with services and advice which assist the establishment of the new businesses and enhance the development of existing enterprises, with the emphasis on:

2.2.1 Providing assistance to sustain and increase the number and diversity

of viable business enterprise operating in the local community;

2.2.2 Increasing the level of employment in the local community;

2.2.3 Assisting enterprises to improve the quality of their management thereby increasing sales turnover and profitability;

2.2.4 Assisting unemployed persons who are interested in establishing their own business;

2.2.5 Assisting currently employed, and individuals not in the work force, to establish their own business;

2.2.6 Actively encouraging and facilitating the location or expansion of suitable businesses into the local community;

2.2.7 Identifying and providing solutions to those business needs which are perceived to be a barrier to improved performance;

2.2.8 Encourage excellence and leadership within the business community;

2.2.9 Facilitating the operational use of State and Commonwealth Government programs designed to assist business meet these objectives;

2.2.10 Working with groups with similar objects to those of the Association;

(3) The property and income of the Association shall be applied solely towards the promotion of the objects of the Association and no part of that property or income may be paid or otherwise distributed.”

Given the activities, role and stated objectives of the SBC, it is considered they would not meet the requirements of sub-regulation 30(2)(b) of the Act and therefore the lease would not be deemed an exempt disposition. Accordingly, prior to agreeing to enter into a new lease with the SBC, the City is required to give local public notice of the proposed disposition in accordance with the requirements of Section 3.58 of the Act. The local notice is required to include an invitation for public submissions on the proposal.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“3 Economic

3.4 Increase the capacity of education and training support to industry”

Policy Implications

The proposed lease is consistent with the City’s current Tenancy Policy.

Financial Implications

The proposed lease to the SBC will result in an income stream of $2,706.03 per annum, which will increase with CPI annually for the remaining term of the lease.

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. AGREES in principle to the leasing of an area of 11.045m² at 935 Wanneroo Road, Wanneroo to Small Business Centre (North West Metro) Inc on a government basis subject to the requirements of section 3.58(3) of the Local Government Act 1995;

2. AUTHORISES the Chief Executive Officer to publish a local public notice of its intention to enter into the lease in 1 above;

3. SUBJECT to no submissions having been received, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer, the authority to dispose of the Property by Lease in accordance with Section 3.58 of the Local Government Act 1995, to the Wanneroo Small Business Centre (North West Metro) for an area of 11.045m² at 935 Wanneroo Road, for a period of two (2) years, with a three (3) year option;

4. SUBJECT to 3. above, AUTHORISES the Mayor and the Chief Executive to affix the Common Seal of the City of Wanneroo and execute the lease between the City of Wanneroo and the Small Business Centre (North West Metro) Inc; and

5. NOTES that if any submissions or comments are received in response to the local public notice in 2 above recommendation 3 and 4 above do not apply and a further report will be presented to Council.

Attachments:

Attachment 1

12/938

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 128

CB06-04/12 Proposed Lease - Portion of 935 Wanneroo Road, Wanneroo to Wanneroo Business Association Inc

File Ref: 1715 – 12/23014

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider entering into a new lease with the Wanneroo Business Association Inc (‘WBA’) at 935 Wanneroo Road, Wanneroo.

Background

The building known as Enterprise House at 935 Wanneroo Road, Wanneroo is situated on Lots 90 and 91, and owned freehold by the City under Certificate of Title Volume 1095 Folio 593.

The building was subject to an internal fit-out during the latter half of 2005 to permit services associated with the establishment of the Business Grow Centre and now houses now houses Administration staff, the Small Business Centre (North West Metro) Inc and the WBA.

The WBA is one of two entities that each occupy an office within the building under a lease arrangement with each having access rights to designated common areas as part of their respective leases. The WBA leases an area of 14.2481m² (Attachment 1 refers) and commenced operations in 1999 following the reformation of the City of Wanneroo and is a professional organisation which acts as a representative body on matters that may affect businesses at a local, state or federal level and works with government bodies and organisations to improve business conditions and enhance opportunities within the Wanneroo region.

The WBA first entered into a lease for Office One with the City on 6 March 2006 CS03-12/05, for a period of two years and at the Ordinary Council meeting of 11 March 2008 CS06-02/08, Council resolved as follows:-

“That Council:-

1. NOTES there were no submissions or comments received in response to the local public notice placed in the Wanneroo Times on 14 February 2008 outlining the proposed lease to the Wanneroo Business Association Inc;

2. APPROVES the leasing of portion of 935 Wanneroo Road, Wanneroo (being Office One) to the Wanneroo Business Association Inc on a commercial basis for a period of two (3) years under the terms and conditions outlined in this report; and

3. AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo and execute the lease between the City and the Wanneroo Business Association Inc.”

The essential terms of the lease included a rental of $2,300 per annum, inclusive of outgoings (plus GST), (with annual CPI increases).

The current lease with the WBA expired in March 2011 and the WBA remain in occupation on a month to month holdover at a rent of $223.22 (including GST and outgoings).

On 11 October 2011 the WBA confirmed it wished to renew the Lease and negotiations have concluded with an in principle lease proposal which is the subject of this report.

Detail

The proposed lease comprises an area of 14. 2481 m² known as Office One together with a right of access to those parts of the building designated as common areas.

Under the City’s Tenancy Policy, the WBA are categorised as Commercial tenants; being a non-exempt disposition under the Local Government Act and in accordance with Council policy the annual rental is to be negotiated (at Market Rate). A market valuation was sought for the rental of Office One and a rate of $252.65 per m² (plus GST) was suggested, inclusive of variable outgoings.

· WBA currently pays rent of $2,678.64 per annum (plus GST) inclusive of outgoings; and

· The valuation suggests a rent of $3,600 per annum (plus GST) inclusive of outgoings.

Administration and the WBA have negotiated a rent of $3,590, being a rate of $252 m², inclusive of variable outgoings subject to Council approval.

Accordingly, the essential terms for the proposed lease to the WBA, subject to Council approval, are as follows:-

Lease Rental	$3,590 per annum (plus GST) inclusive of all outgoings
Lease Term	Three (3) years
Commencement Date	12 March 2012
Rates & Taxes	N/A
Building Insurance	N/A
Variable Outgoings	N/A
Building Maintenance	Lessee to keep and maintain every part of the inside of the leased Premises including all ceiling panels, lighting and electrical installations, doors, windows, floor coverings and all other fixtures and fittings in good and substantial repair and condition.
Lessee Services	Lessee responsible for the provision of special requirements such as telephone and broadband services.
Special Conditions	· Licence to use the “common areas” being the foyer, toilets and tea preparation facilities · Booking arrangements for the training or meeting rooms · Any access to and conditions of use for City equipment · Restrictions on the use of the Common Areas · Display of brochures · Confidentiality and security · Parking arrangements

Consultation

The Wanneroo Business Association has been consulted in relation to this new lease arrangement.

Comment

Should any submissions be received, the Lease will not be executed and a further report will be presented to Council

Statutory Compliance

“30(2) A disposition of land is an exempt disposition if –

(b) the land is disposed of to a body, whether incorporated or not –

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions”

The constitution of the WBA has the following stated Objects:-

“(A) To establish maintain and conduct an Association of a business recreational social non-political and non-sectarian character for the purpose of promoting and fostering the exchange of business manufacturing and trading knowledge between members.

(B) To promote social contact between and to meet regularly.

(C) To assist members by providing advice and guidance when requested to do so.

(D) To represent members in matters of interest to members.”

Given the activities, role and stated objectives of the WBA, it is considered they would not meet the requirements of sub-regulation 30(2)(b) of the Act and therefore the lease would not be deemed an exempt disposition. Accordingly, prior to agreeing to enter into a new lease with the WBA, the City is required to give local public notice of the proposed disposition in accordance with the requirements of Section 3.58 of the Act. The local notice is required to include an invitation for public submissions on the proposal.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“3 Economic

3.2 Support business and initiatives”

Policy Implications

The proposed lease is consistent with the City’s current Tenancy Policy.

Financial Implications

The proposed lease to the WBA will result in an income stream of $3,590 per annum, which will increase with CPI annually for the remaining term of the lease.

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. AGREES in principle to the leasing of an area of 14.2481m² at 935 Wanneroo Road, Wanneroo to the Wanneroo Business Association Inc on a commercial basis subject to the requirements of section 3.58(3) of the Local Government Act 1995;

2. AUTHORISES the Chief Executive Officer to publish a local public notice of its intention to enter into the lease in 1 above;

3. SUBJECT to no submissions having been received, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer, the authority to dispose of the Property by Lease in accordance with Section 3.58 of the Local Government Act 1995, to the Wanneroo Business Association Inc for an area of 14.2481m² at 935 Wanneroo Road, Wanneroo for a period of three (3) years;

4. SUBJECT to 3. above, AUTHORISES the Mayor and the Chief Executive to affix the Common Seal of the City of Wanneroo and execute the lease between the City of Wanneroo and the Wanneroo Business Association Inc ; and

Attachments:

Attachment 1

12/25603

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 133

CB07-04/12 Portofinos Tavern Restricted Liquor License

File Ref: 4534 – 12/25667

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider the Development Application enabling the Lessee to apply for a Tavern Restricted Liquor License at Portofinos Quinns Rocks.

Background

Portofinos Restaurant is situated adjacent to the Quinns Rocks Caravan Park and the Quinns Mindarie Surf Lifesaving Club on Lot 211, owned freehold by the City and zoned Regional Parks and Recreation under the Metropolitan Region Scheme (MRS).

The City entered into an Agreement to Lease with the Bogdanov family (Bogdanis Nominees Pty Ltd) for the development of the site in three stages including the public toilets, café and then restaurant. The Lease agreement between the City and Bogdanis Nominees commenced on 1 September 2008 for a term of 31 years, including a five year option period.

The tenant currently operates both the café and the restaurant under a single Restaurant Liquor Licence, initially for the café section but ultimately included the restaurant under an approval from the Department of Racing Gaming and Liquor (DRGL) in June 2010. The restaurant part of the premises includes an entry/lobby, kitchen, the main restaurant section, a function area and an external alfresco area (refer Attachment 1).

Since the opening of the restaurant section in July 2010, Portofinos has had many enquiries to cater for private functions (mainly weddings) and a proportion of those are seeking a less formal affair with a cocktail type setup where guests are served finger food and drinks whilst standing. A requirement of the Restaurant Liquor Licence is that all guests/patrons are to be seated and to be able to cater for these ‘stand up’ type functions the tenant has been applying separately to the DRGL for an extended trading permit however this is limited to twelve functions per annum. Portofinos currently is considering taking bookings for over sixty weddings this year alone, provided approval is granted by the DRGL beyond the current per annum quota; many of these may be ‘stand up’ type functions.

Detail

Discussions with the DRGL have revealed that it is very unlikely that separate licences would be granted within the same premises to split the restaurant into a restaurant area, and a function area that could be covered under a Special Facility Licence – Reception or Function Centre.

Portofinos is primarily, and remains so, a restaurant and a Special Facility Licence is therefore not suitable as it would suggest that the premises is primarily used for functions and only guests of those functions would be able to attend.

To overcome this problem, and for the tenant to be able to cater for these types of functions for which the premises is clearly designed to do, the City’s tenant has applied to the City for its approval under the lease agreement for the tenant to lodge a Development Application to change the use of Portofinos Restaurant from Restaurant to Tavern. The approval of this change would enable an application for a Tavern Restricted Liquor Licence to be lodged for assessment. From a landlord perspective Administration has no objection under the lease for the application being made as it would not contravene the terms of the lease. The facility is purpose built to suit these types of functions and has both a development approval and a building licence approval in its current format.

To enable the liquor licence application process to commence a further Development Application needs to be lodged for the change of use from Restaurant to Tavern as the use under the Metropolitan Region Scheme (MRS), and this requires the Chief Executive Officer’s signature.

This will enable the planning process to commence, with an application being forwarded to the Western Australian Planning Commission (WAPC) along with the City’s recommendations for its determination.

Should the WAPC ultimately approve the change of use then the applicant must then obtain the relevant section 39 and 40 notices from the City and lodge the application with the DRGL.

Once the application is lodged, the DRGL has a strict process that is adhered to before a Tavern Restricted Licence is approved including the advertising of the proposal for a period of 28 days during which time objections/interventions are sought. In addition (prior to the advertisement being placed) the applicant is required to letter drop to businesses/residents within 200 metres of the premises advising of the intention to apply for a Tavern Restricted Liquor Licence.

The DRGL’s assessment and final determination includes probity checks through the WA Police, assessment of plans of the premises for suitability, viewing of the lease agreement with the City and assessment of any objections from the advertising process. The applicant may also be required to prepare a Public Interest Assessment document available for public inspection.

From the Lessor’s perspective there is nothing in the lease that would preclude the change in use. This is step one in a two part process and this request is only concerned with the planning aspect.

Comment

A Tavern Restricted Liquor Licence is the only type of licence that will adequately fit the Portofinos situation however the word ‘Tavern’ may cause some uneasiness particularly for nearby residents. The reality is that the only thing ‘Tavern’ about the premises would be the licence plaque should the application be approved.

Currently the distinction between a Tavern Licence and a Tavern Restricted Licence (which is a relatively new type of licence) is that under a restricted licence the sale of packaged or take away liquor is prohibited. In addition the tenant has agreed to further restrictions to be placed on the licence including:

· Premises will only be advertised and run as a restaurant and function centre (not a tavern);

· Music will predominantly be of a background nature;

· CCTV will cover all exit/entry points running 24 hours per day (records kept for 14 days); and

· The Lessee or any subsequent assignee will not attempt to apply for a full Tavern Licence.

The conditions that Administration would seek (and the tenant has agreed to) would be subject to the DRGL. Furthermore should the tenant or any future tenant subsequently desire to extend the Tavern Restricted License to a full tavern license this would be ultimately decided by the DRGL.

The City is not a normal commercial Lessor and has social community obligations due to its very nature.The City, as Lessor, seeks to have greater control over the liquor related uses of the facility over and above the reliance on the DRGL.

This is not only for the conditions for the Restricted License but also right of veto should the tenant or future tenant desire to move to a full tavern license.

The most effective way to ensure the City has the legal right in these matters is to enshrine this aspect into the Lease via a Deed of Variation. The tenant has indicated acceptance to such an instrument. Such a Deed will be subject to WAPC approval. At the same time it is opportune to expand on the definition of “permitted use” within the Lease by adding “Function Centre” as a permitted use. This was always the intention and is the reason for seeking the new Liquor licence. A plan of the facility is contained in Attachment 1 and the draft Deed of Variation is being prepared by the City’s in house Property Lawyer.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“3 Economic

3.2 Support business and initiatives”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. AUTHORISES the Chief Executive Officer to negotiate a Deed of Variation to the Lease between Bogdanis Nominees Pty Ltd and the City for the purposes of the following:

· Premises will only be advertised and run as a restaurant and function centre (not a tavern);

· Music will predominantly be of a background nature;

· CCTV will cover all exit/entry points running 24 hours per day (records kept for 14 days); and

· The Lessee or any subsequent assignee will not attempt to apply for a full Tavern Licence;

2. AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo to, and execute the Deed of Variation;

3. AUTHORISES the Chief Executive Officer as the landowner, to sign the necessary Development Application to progress the Tavern Restricted Liquor License for Portofinos, Quinns Rocks; and

4. SUPPORTS the applicant to change the licence from a Restaurant Liquor Licence to a Tavern Restricted Liquor Licence.

Attachments:

Plan of Portofinos

12/29098

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 144

CB09-04/12 Proposed Lease of Lake Joondalup Kindergarten, 10 Neville Drive, Wanneroo to The Evelyn Enrichment Foundation Ltd.

File Ref: 5433 – 12/27616

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider entering into a lease with The Evelyn Enrichment Foundation Ltd. (TEEF) over Lake Joondalup Kindergarten, 10 Neville Drive, Wanneroo (The Kindergarten).

Background

The Kindergarten is situated on Lot 288 on Diagram 39904, being the whole of the land comprised in Certificate of Title Volume 1330 Folio 584, and is owned freehold by the City of Wanneroo.

The Kindergarten is currently leased to the Department of Education (DOE) for a five (5) year term expiring on 1 February 2014, at a rental of $18,000 per annum, CS04-02/09 refers. The DOE exercised the early termination clause contained within the lease providing six month notice to the City of its intention to terminate the lease on 22 June 2012. The DOE vacated the Kindergarten in February 2012 and the Kindergarten remains vacant.

The City has received enquiries from three entities wishing to lease the facility. Two of the entities are commercial childcare providers Skoolz Out and Kidz Biz and the third is a not for profit childcare provider, The Evelyn Enrichment Foundation Ltd. (TEEF).

Detail

TEEF is a not for profit organisation whose object is to assist children and their families with and without additional needs (due to disabilities) by providing day care/respite services. It creates programs tailored to children’s individual capabilities, providing medical care via a registered nurse on site to support children with high dependency needs (e.g. oxygen dependant, physical and learning disabilities) and provides children with special needs the opportunity to play, interact and learn with other children.

TEEF is a public company limited by guarantee registered with the Australian Securities and Investment Commission on 13 July 2011. Registration was obtained for the purpose of obtaining a child care licence. TEEF derives income through the charging of fees of $75 per child per day, and funding from Lotterywest. The service would open 5 days per week, 51 weeks per year. All income received goes into the provision of the services.

TEEF currently operates from a transportable building at Ocean Reef Primary School under a lease arrangement with DOE, which expires on 30 June 2012. The DOE is unwilling to renew the current lease arrangement with TEEF and is supportive of TEEF’s wish to re-locate from its existing site at Ocean Reef to The Kindergarten. The DOE has agreed to an early surrender of the lease, should Council approve the lease to TEEF to enable TEEF to fit out and seeking the appropriate child care licence over the Kindergarten.

According to information supplied by TEEF is in support of its request to lease the Kindergarten there are only two other respite centres offering services specifically catering to high needs children, the Princess Margaret Hospital in West Perth and a facility in Cottesloe. These sites are not easily accessible for families living north of the river. TEEF predominantly assist families from Clarkson, Joondalup, Heathridge and Wanneroo.

TEEF is ‘a not for profit’ organisation and as such under the City’s Tenancy Policy TEEF is categorised as ‘not for profit’ with the terms of the lease being ‘peppercorn rent, at no cost to the City’ however TEEF charges fees to its clients which is considered a ‘commercial activity’ and lease terms are therefore by negotiation. Administration and TEEF have negotiated a rent of $9,000 per annum for a three (3) year term with a two (2) year option, subject to Council approval. The rent represents 50% of $18,000, the rent DOE currently pays for the use of The Kindergarten. TEEF is currently paying DOE a rent of $13,000 which is inclusive of outgoings over the facility at Ocean Reef Primary School. The negotiated rent over The Kindergarten is net of outgoings and TEEF will be responsible to meet these costs in the lease.

Accordingly, the essential terms of the proposed lease to TEEF, subject to Council approval are as follows:-

Leased Area (Premises):	Being Lot 288 on Diagram 39904, being the whole of the land and structures thereon comprised in Certificate of Title Volume 1330 Folio 584
Term of Lease:	Three (3) years with a two (2) year option
Commencement Date:	Yet to be confirmed
Lease Rental:	$9,000 per annum
Rates, Taxes and Outgoings:	The lessee will be responsible for all rates, taxes, assessments, impositions and outgoings of whatsoever nature together with all outgoings for water consumption, electricity, gas, and telephone used in relation to the Premises whether billed directly or otherwise.
Building Insurance:	Lessee’s responsibility
Other Insurance (including contents, public liability, worker’s compensation etc):	Lessee’s responsibility
Maintenance of Premises:	The lessee shall keep and maintain the Premises in good and substantial repair and condition, except for matters of a structural nature.
Statutory Compliance:	Lessee’s responsibility

Consultation

Nil

Comment

The City has received interest from two commercial entities (Skoolz Out and Kidz Biz) for the purpose of providing child care services and these would be able to pay a full ‘Market Rent’ for The Kindergarten. However, Administration supports the TEEF option and a 50% reduction in current lease fees and a proposed lease as detailed in this report, because of the unique services TEEF is able to provide to the community which are not currently provided within the City.

The two commercial child care providers have existing operations near the Wanneroo town centre. In addition there are similar type commercial operations in the nearby suburbs of Sinagra (Goodstart Early Learning) and Ashby (Kids Inn Ashby Child Care Centre) and operations of this nature extend beyond these adjacent suburbs. In comparison, other than services provided at Princess Margaret Hospital in West Perth and from Cottesloe, there appears to be no other operations of the likes of TEEF in the northern suburbs.

TEEF is a group well equipped to provide specialist services beyond the usual levels of care provided by commercial child care providers. TEEF has paediatric trained staff enabling it to fill a significant gap in service delivery currently not provided by the commercial operators. TEEF has satisfied itself that The Kindergarten will meet its needs. Administration deems that TEEF’s operations will have significant community benefit.

Statutory Compliance

Due to the benevolent nature of the operations of TEEF the proposed new lease is considered an exempt disposition under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996, which states:

“30(2) A disposition of land is an exempt disposition if –

(b) the land is disposed of to a body, whether incorporated or not –

(i) the objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting, or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;”

The constitution of TEEF has the following stated Objectives:

(a) A not for profit organisation established to assist children with additional needs

( due to disabilities ) and their families through a long day care/respite centre.

(b) and to undertake and pursue all such other similar, related or compatible objects as may from time to time be considered appropriate by the Company.

This means that a public notice is not required.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.3 Improve the capacity of local communities to support each other”

Policy Implications

The new lease has been negotiated in accordance with the City’s Tenancy Policy.

Financial Implications

The City will receive an annual income of $9,000 (50% of base rate of $18,000) and will recoup all outgoings associated with the facility. Therefore the lease is on a ‘no cost to the City’ basis.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the early termination of the lease between the City of Wanneroo and the Department of Education over 10 Neville Drive, Wanneroo;

2. APPROVES the leasing of 10 Neville Drive, Wanneroo to The Evelyn Enrichment Foundation Ltd for a term of three (3) years plus a two (2) year option; and

3. AUTHORISES the Mayor and Chief Executive Officer to affix the Common Seal of the City of Wanneroo to and execute a lease between the City and The Evelyn Enrichment Foundation Ltd. over 2 above.

Attachments: Nil

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 148

CB10-04/12 Variation to Lease Over Portion of Crown Reserve 28058 and Proposed New Lease over a Portion of Crown Reserve 44878 to Wanneroo Districts Netball Association Inc.

File Ref: 4171 – 12/27035

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider a proposed new lease over a portion of Crown Reserve 44878, 130 Kingsway, Madeley and a variation to the existing lease of a portion of Crown Reserve 28058, 100 Kingsway, Madeley to the Wanneroo Districts Netball Association Inc. (‘WDNA’).

Background

WDNA currently leases a portion of Crown Reserve 28058 (more commonly referred to as the ‘Kingsway Sporting Complex’) which includes the netball clubrooms, veranda, barbeque and shed (Attachment 1 refers). The existing lease is for a term of twenty one (21) years expiring on 14 July 2023 at a current annual rent of $1,513.39. The existing lease was negotiated prior to the adoption of the City’s Tenancy Policy.

Crown Reserve 28058 is vested in the City for recreational purposes under a Management Order issued by the Minister for Lands, with the power to lease for a term not exceeding twenty one (21) years subject to Ministerial approval.

WDNA facilitates regional netball competitions and coaching programs catering for in excess of 4,500 members and this number is growing every season. To accommodate the increasing popularity of the sport operating from the Kingsway Sporting Complex, WDNA has lodged two development and building applications with the City for a first aid post and disabled toilet (‘First Aid Building’ comprising an area of approximately 140m²) (Attachment 1 refers) and a canteen facility (‘Canteen Building’ comprising an area of approximately 18m²) (Attachment 2 refers).

The First Aid Building is immediately adjacent to the existing lease premises. The variation to the existing lease will include the First Aid Building within the leased premises.

The proposed Canteen Building will be located on the Crown Reserve 44878. Crown Reserve 44878 is vested in the City for the purpose of “sports stadium” under a Management Order issued by the Minister for Lands, with the power to lease for a term not exceeding twenty one (21) years subject to Ministerial approval. The proposed new lease will provide for the leasing to WDNA of the Canteen Building.

Detail

Lease Variation – First Aid Building

Administration has met with the WDNA and negotiated a variation to the existing lease, subject to Council and Ministerial approval, to include the First Aid Building (Attachment 1 refers) within the leased premises.

The tenant shall retain ownership of the First Aid Building and will be fully responsible for everything in relation to the building, such as maintenance, repair, replacement, insurance including all costs of a structural and capital nature for the term of the existing lease. At the expiry of the lease, the structural responsibility of the First Aid Building will revert to the City. This will be reflected in the variation document.

Except for the increase to the lease area and the maintenance and structural provisions for the First Aid Building, all other essential terms and conditions of the existing lease will continue to apply until the expiry of the lease on 14 July 2023.

WDNA has agreed in principle to the variation of the existing lease to include the First Aid Building into the leased premises.

Proposed new lease – Canteen Building

Administration has met with the WDNA and negotiated a new lease, subject to Council and Ministerial approval, for the Canteen Building.

Under the City’s current Tenancy Policy, WDNA are categorised as not for profit at a rental of $1 per annum on a ‘no cost to the City’ basis. Accordingly the essential terms of the proposed lease have been agreed, subject to Council and Minister for Lands approval, as follows:-

Leased Area (Premises):	Being the Canteen Building (yet to be constructed) on Lot 12652 (Crown Reserve 44878) at 130 Kingsway, Madeley
Term of Lease:	Five (5) years
Commencement Date:	Date of practical completion of Premises
Lease Rental:	$1 per annum plus GST
Permitted Purpose:	Club rooms and associated structures
Rates, Taxes and Outgoings:	The lessee will be responsible for all rates, taxes, assessments, impositions and outgoings of whatsoever nature together with all outgoings for water consumption, electricity, gas, and telephone used in relation to the Premises whether billed directly or otherwise.
Building Insurance:	Lessee’s responsibility
Other Insurance (including contents, public liability, workers compensation etc):	Lessee’s responsibility
Maintenance of Premises:	The lessee shall keep and maintain the Premises in good and substantial repair and condition. The lessee will be responsible for the structural integrity of the building for the Term of Lease.
Statutory Compliance:	Lessee’s responsibility

Consultation

Nil

Comment

WDNA has been a stable tenant of the City for many years and has continued to meet its lease obligations throughout the term of the lease.

The additional structures proposed to be built by WDNA will support the increasing popularity of netball played at the Kingsway Sporting Complex.

The City has no immediate use for the area to be included into the existing leased premises or the area subject to the proposed new lease and Administration therefore supports the variation to the lease and the proposed new lease as described in this report.

Statutory Compliance

The variation to the existing lease is considered a ‘dealing’ under the Land Administration Act 1997 and the consent of the Minister for Lands to the variation is required.

Under the Management Order for Crown Reserve 44878 the proposed new lease will require the approval of the Minister of Lands.

Both the variation and the proposed new lease are considered an exempt disposition under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996, which states:

“30(2) A disposition of land is an exempt disposition if –

(b) the land is disposed of to a body, whether incorporated or not –

(i) the objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;”

This means that public notice is not required.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.2 Improve the City’s identity and community well-being through arts, culture, leisure and recreation”

Policy Implications

The new lease has been negotiated in accordance with the City’s Tenancy Policy.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. AGREES to the variation to the existing lease over portion of Crown Reserve 28058 between the City and the Wanneroo Districts Netball Association Inc to include the area proposed to be a first aid and disabled toilet building, subject to the consent of the Minister for Lands;

2. AUTHORISES the Mayor and Chief Executive Officer to affix the Common Seal of the City of Wanneroo and to execute a Variation of Lease, prepared by the City’s solicitor at the City’s expense, between the City and the Wanneroo Districts Netball Association Inc over 1 above;

3. APPROVES the leasing of portion of Crown Reserve 44878 at 130 Kingsway, Madeley to Wanneroo Districts Netball Association Inc for a term of five (5) years commencing on the date of practical completion of the Canteen Building, subject to the consent of the Minister for Lands; and

4. AUTHORISES the Mayor and Chief Executive Officer to affix the Common Seal of the City of Wanneroo to and execute a lease between the City and Wanneroo Districts Netball Association Inc over 3 above.

Attachments:

1.	Wanneroo Districts Netball Lease Area (includes proposed First Aid Building)	12/28239
2.	Wanneroo Districts Netball Association Inc. - Canteen Building	12/28003

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 156

Infrastructure

Traffic Management

IN01-04/12 PT01-11/11 - Request Removal of Business Advertising on Ocean Reef Road and Traffic Calming on Shiraz Boulevard, Pearsall

File Ref: 3120 – 12/14795

Responsible Officer: Director Infrastructure

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider a multi-signature complaint about unsightly advertising on the walls of businesses in Wangara Industrial Estate facing Ocean Reef Road and vehicles speeding on Shiraz Boulevard, Pearsall.

Background

Council received a multi signature letter in the form of a petition PT01-11/11 at its meeting of 13 December 2011. The letter has been signed by 23 residents and is addressed to the Deputy Mayor. It reads:

“I would like to lodge a complaint about unsightly advertising on the walls of businesses in Wangara Industrial Estate Ocean Reef Road, and speeding vehicles on Shiraz Boulevard, Pearsall.

In these days of computer based advertising, websites, Yellow pages and newspapers I feel that there is no need for the unsightly adverts which are emblazoned on the walls of factories which back onto Ocean Reef Road creating a blackboard jungle which adds to the existing graffiti eyesore we long suffering residents of Pearsall are having to put up with.

With respect to comments which have been made about some candidates who are running for election while not even residing in the City of Wanneroo, I would suggest that the same could be said of many of the property owners in the Industrial Estate, they do not have to look at the adverts on their walls day in and day out as we do.

I sincerely hope that negotiations will commence as soon as possible to terminate the right to advertise in this way and for the removal of the existing unsightly blots on the horizon of Shiraz Boulevard residents, and future applications for this form of advertising should be denied by Council.

I suggest that there are many suitable dense fast growing native shrubs which could conceal the graffiti on these walls denying the perpetrators the ability to display their art form and at the same time substantially beautifying the area.

The mentality which says that because Wangara was here before Pearsall that we need to remain the poor relations on a first come first served basis needs to be changed, please help us to enhance the elegant expensive sounding name “Boulevard” so that it is not just in name only.

We need a wall to deflect the traffic noise, dense shrubbery to beautify the verge and traffic calming devices to slow down the hoons, then this street could indeed be on the way to becoming a Boulevard”

Refer to Attachment 1 for a location plan of the subject area.

Detail

Signage

Administration has conducted a comprehensive investigation of signs adjacent to the residential estate fronting Ocean Reef Road in the locality of Wangara. The signage which was investigated included all advertisements on buildings from the intersection of Ocean Reef Road and Wanneroo Road, east, until the intersection of Ocean Reef Road and Brady Street in Wangara. In total, 23 signs were investigated to ensure compliance with the City of Wanneroo’s District Planning Scheme No. 2 (DPS 2) and Signs Local Planning Policy (LPP).

As per the City of Wanneroo’s Signs LPP, any ‘wall sign’ which is larger than 8m² or 25% of the total size of the wall (whichever is smallest) must have Planning Approval from the City. Nine of the 23 signs/advertisements required Planning approval under DPS 2 as they were over the criteria for being ‘exempt’ under the Scheme, although no relevant planning approvals had been granted for those signs.

The landowner of each property where the unauthorised signs were attached was sent a letter highlighting the requirements of DPS 2 and were provided 28 days to comply with the Scheme requirements. The landowners were given the option of removing, altering the sign so that it complied with DPS2 and the Signs LLP, or applying for retrospective approval for the sign. Eight of the nine non compliant signs/advertisements have since been altered or removed, and one landowner is currently in the process of seeking approval and has lodged a development application with the City for consideration.

Traffic

In accord with Agreed Structure Plan No.6 for East Wanneroo Cell 4 – Hocking/Pearsall (Attachment 2 refers), Shiraz Boulevard has been constructed as a Local Access Road with a sealed pavement varying in width between 6 and 7 metres in an 20m wide road reserve. The road operates under the default ‘built-up area’ speed limit of 50km/h.

The following traffic data for Shiraz Boulevard was collected during the week commencing 26 October 2011:

Traffic Data Definitions

AWT - average weekday traffic

vpd - vehicles per day

85 percentile speed – the speed at or below which 85% of vehicles are travelling.

20km/h Pace – the 20km/h speed range in which the majority of vehicles are travelling

% in Pace – percentage of total vehicles travelling within the 20km/h Pace range

Shiraz Boulevard – East of Zingarello Street

AWT – 1,648 vpd

85 percentile speed – 64 km/h

Max speed – 111 km/h

20km/h Pace – 46 – 66 km/h

% in Pace – 73.2%

Shiraz Boulevard – West of Voyager Link

AWT – 1,106 vpd

85 percentile speed – 60 km/h

Max speed – 103 km/h

20km/h Pace – 42 – 62 km/h

% in Pace – 73.6%

Crash data provided by MRWA from the WA Police record that there has been one reported accident on Shiraz Boulevard during the five years 2006 to 2010.

The accident is recorded as ‘Out of Control’ and resulted in the vehicle leaving the road and colliding with a parked car.

Consultation

No public consultation was undertaken in the preparation of this report.

Comment

Signage

Administration is currently reviewing the City’s Signs Local Planning Policy (LPP) and will consider the complainants request in relation to the termination of the right to advertise along Ocean Reef Road and other major arterial roads when reviewing this policy. However, at this point, local businesses within the Wangara Industrial area (and other areas of the City) are able to advertise their business without seeking Council approval where the signage complies with the LPP.

Traffic

With respect to the issue of traffic noise, the Western Australian Planning Commission (WAPC) has developed a policy document in relation to noise from transportation corridors entitled State Planning Policy 5.4 Road and Rail Transport Noise and Freight Consideration in Land Use Planning (Transport Noise Policy). The objectives of the Transport Noise Policy are to:

· Protect people from unreasonable levels of transport noise by establishing a standardised set of criteria to be used in the assessment of proposals;

· Protect major transport corridors and freight operations from incompatible urban encroachment;

· Encourage best practice design and construction standards for new development proposals and new or redevelopment transport infrastructure proposals;

· Facilitate the development and operation of an efficient freight network; and

· Facilitate the strategic co-location of freight handling facilities.

With regard to road traffic noise, the Policy applies only to major roads, which are defined as one of the following:

· State roads and national highways;

· Urban primary distributors, as described on the metropolitan functional road hierarchy network;

· Other urban roads carrying more than 20,000 vehicles per day;

· Other rural primary distributors carrying more than 5,000 vehicles per day; and

· Primary freight roads in the Perth metropolitan region, southwest region or statewide.

As traffic volumes on Ocean Reef Road, east of Wanneroo Road, are currently in excess of 25,000 vehicles per day the City in response to an earlier enquiry has already engaged the services of a sound consultancy to conduct a Transport Noise Assessment to determine if noise abatement works along Ocean Reef Road are required.

In regard to the issue of ‘hooning’ Shiraz Boulevard has been assessed in accordance with the City’s Traffic Management Investigation and Intervention Policy (TM Policy) in order to determine if traffic management works are justified and their priority. The TM Policy assesses roads against the following criteria:

· Speed

· Traffic volumes

· Crash history

· Road design and topography

· Vulnerable road users - Pedestrians/Cyclists

In assessing the current road layout, the TM Policy requires a score of > 60 to qualify for traffic management treatments, while scores between 30 and 60 points warrant increased attention to law enforcement and driver education. The assessment for Shiraz Boulevard achieved scores of 71 and 35 respectively, based primarily on speed and percentage of commercial vehicle use. It should be noted that the current high level of commercial vehicle use acknowledges the ongoing land development and housing construction still ongoing within the area.

The locality of Pearsall and the area adjacent to Shiraz Boulevard continues to undergo significant change in accordance with the City's District Town Planning Scheme and Agreed Structure Plan No.6 (ASP6) covering East Wanneroo Cell 4. In accord with the City's TM Policy), the City would not normally consider Shiraz Boulevard for traffic management treatment until such time as the adjacent land is fully developed and occupied. The purpose of this condition is to prevent the wasteful and costly installation of traffic treatments that may ultimately be inappropriate or that may compromise the function of the road when the area is fully developed.

Among the changes still to occur in the adjacent area, in accord with ASP6, is the realignment of Lenore Road to the east to intersect with Ocean Reef Road, at the Hartman Drive intersection, and the extension of Kemp Street to intersect with Lenore Road. These changes will result in Shiraz Boulevard no longer directly connecting to Lenore Road and Kemp Street attracting traffic away from Shiraz Boulevard. Consequently, Administration considers the early construction of traffic management treatments ahead of significant road network changes, as requested in the letter, cannot be justified ahead of other projects already listed in the 10YCWP. It is recommended that a further review be undertaken six months after the opening of the Lenore Road realignment.

The issue of speeding is considered a police issue. While the City is concerned for the safety of its residents, its authority and responsibility is limited to the safe construction and maintenance of its roads. Individual drivers have the responsibility to drive within the State road rules. If drivers choose to disregard those rules, the only organisation with the authority to enforce compliance is the WA Police.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.4 Improve community safety”

Policy Implications

The City’s Traffic Management Investigation and Implementation Policy is applicable to this petition.

Financial Implications

In 1999 and 2000 Council endorsed the recommendation of four Traffic Management Studies for:

· West Wanneroo

· East Wanneroo

· Alexander Heights

· Quinns Rocks

10 years later there are still 25 projects with an estimated cost of $1,900,000 still to be undertaken

The City’s Traffic Management Investigation and Implementation Policy was developed to assist Council in managing the allocation of resources to the many requests the City receives for traffic management. By considering a range of criteria it endeavours to separate those roads where issues are considered systemic and need action by the Council from those where opportunistic ‘hoons’ are creating isolated issues better handled by police enforcement.

Currently, the City’s 10-Year Capital Works Program (10YCWP) allocates approximately $600,000 of municipal funds to traffic treatments each year. While speeding does occur on Shiraz Boulevard, Administration considers the early construction of traffic management treatments ahead of significant changes to the local road network cannot be justified ahead of other projects already listed in the 10YCWP.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES that Administration is currently undertaking a Transport Noise Assessment of Ocean Reef Road in the vicinity of Shiraz Boulevard;

2. In accordance with the City’s Traffic Management Investigation and Intervention Policy DOES NOT APPROVE the installation of traffic management treatments along Shiraz Boulevard, at this time;

3. NOTES that Administration will undertake another assessment of Shiraz Boulevard in accordance with the City’s Traffic Management Investigation and Intervention Policy, six months after the completion of the Lenore Road realignment between Ocean Reef Road and Kemp Street Pearsall; and

4. ADVISES the multi-signature letter (PT01-11/11 refers) organiser of Council’s decision.

Attachments:

1.	Location plan	12/29310
2.	Agreed Structure Plan - Cell 4	12/29309

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 168

Community Development

Capacity Building

CD01-04/12 Disability Access and Inclusion Plan 2012-2015

File Ref: 4096 – 12/23955

Responsible Officer: Director, Community Development

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider a review of the Access and Inclusion Plan 2007-2012 and the adoption of Disability Access and Inclusion Plan 2012-2015.

Background

Compliance with State legislation requires local government authorities to develop, implement and regularly review Disability Access and Inclusion Plans as a means of furthering the principles and objectives of the Disability Services Act 1993 (amended 2004). Each Disability Access and Inclusion Plan must aim to achieve six outcomes specified by Disability Services Regulations. These outcomes are central to people with disabilities having equity of access to:

· services and events;

· buildings and other facilities;

· information;

· quality of service;

· complaint processes; and

· public consultations.

Plans are in progress to legislatively implement a seventh outcome, employment (recruitment and retention), which is currently optional. This City has historically included this outcome in the document and strives to meet associated actions and tasks where possible.

A review of the City’s Access to Information & Services for People with Disabilities and their Families and Carers policy is concurrently completed with each review of the plan.

Council last reviewed the City of Wanneroo Access and Inclusion Plan at its meetings of 26 June 2007 where it endorsed the following:

“Adopts the revised Access and Inclusion Plan 2007-2010 as outlined at attachment (1); and endorsed its registration with the Disability Services Commission”.

To allow for extension of the plan’s currency, a progress report for the period 1 July 2010 to 30 June 2011 was lodged with Disability Services Commission in September 2011. At that time, Disability Services Commission also provided approval for an extension of the plan’s currency to April 2012. This allowed for a comprehensive review and development process.

Detail

Administration has undertaken a comprehensive review of this plan. The document is now presented to Council for consideration under the new nomenclature of Disability Access and Inclusion Plan 2012-2015 (see Attachment 1).

Registration of the Disability Access and Inclusion Plan 2012-2015 with Disability Services Commission will occur in April 2012 following Council endorsement.

Statistical data included in the Disability Access and Inclusion Plan 2012-2015 provides the most current information available at the time, regarding the City’s disability population. The 2011 Census Public Reports scheduled for release by the Australian Bureau of Statistics in June 2012, will provide much sought-after 2011 data. Relevant information from the 2011 Census Public Reports will be developed into a supporting document and posted on the City’s website alongside the Disability Access and Inclusion Plan 2012-2015.

Consultation

Community consultation included:

· Five public meetings held at venues across the City;

· Individual consultation;

· An external Focus Group meeting of key stakeholders and people with disabilities;

· Internal Project Reference Group meetings;

· Public Comment Period for Draft Disability Access and Inclusion Plan 2012-2015;

· City of Wanneroo Staff Survey;

· City of Wanneroo Elected Member Survey; and

· Consultation with City of Wanneroo leadership team including managers, directors and Chief Executive Officer.

The consultation process was implemented over a four-month period spanning October 2011 to February 2012 and aimed to:

· Obtain feedback on achievements during 2007-2012;

· Identify disability-related access and inclusion gaps in the City’s services, events, information, buildings and facilities; and

· Guide the development of the new draft plan for 2012-2015.

While diverse engagement strategies were applied to the internal and external consultation process, there was a low internal and external response rate to the request for comment on the document. Significant feedback which was provided as a part of the internal and external consultations process has been considered in the preparation of the DAIP 2012-2015. A summary of the information received via feedback forms, the staff survey and elected members survey is available (see Attachment 2).

Comment

As a part of the plan’s implementation, actions will be regularly reviewed in more detail by the Community Development Officer (Access and Inclusion) together with the Internal Project Reference Group and responsible business units. In this way, the plan can be most responsive to prevailing issues and remain current in terms of providing strategies for addressing issues of disability access and inclusion within the City. It is however the responsibility of the entire organisation, both Administration and Council, to include the requirements of the plan in all aspects of the City’s business.

It is proposed that copies of the plan will be available upon request, including alternate formats, as required. The document will also be available at community facilities in the City of Wanneroo.

Statutory Compliance

In 2007, Council adopted the Access and Inclusion Plan 2007-2010, with the removal of the reference to disability in the title of the plan. The rationale for this decision was acknowledgement of the complexity of our community, with a less obvious focus on disability as the only barrier to participation in the City’s events, services, facilities and information. The focus on disability has been reinstated in the DAIP 2012-2015 as required by the Disability Services Act 1993 (amended 2004).

The plan is a public document, the format for which is also determined by the Disability Service Act 1993 (amended in 2004). To ensure compliance, liaison between the Community Development Officer (Access and Inclusion) and the Senior Disability Access Officer at Disability Services Commission occurred as a part of the review.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.1 Increase choice and quality of neighbourhood and lifestyle options”

2.2 Improve the City’s identity and community well-being through arts, culture, leisure and recreation

2.3 Improve the capacity of local communities to support each other

2.4 Improve community safety

2.5 Improve transport options and connections

4 Governance

4.1 Improve strategic partnerships

4.2 Improve community engagement

4.3 Deliver excellence in business performance and service provision

4.5 Provide an engaging and supportive environment for our people

4.6 Provide and maintain a high standard of governance and accountability”.

Policy Implications

A review of the City’s Access to Information & Services for People with Disabilities and their Families and Carers policy has been concurrently completed with the review of the Access and Inclusion Plan 2007-2012 and the development of the Disability Access and Inclusion Plan 2012-2015.

Financial Implications

While it is not anticipated that strategies outlined the Disability Access and Inclusion Plan 2012-2015 will have immediate budgetary impact, operational managers have been provided with an opportunity to consider 2012/2013 and further budgetary implications where required.

Voting Requirements

Simple Majority

Recommendation

That Council

1. ADOPTS the revised Disability Access and Inclusion Plan 2012-2015 as shown in Attachment 1; and

2. ENDORSES its registration with the Disability Services Commission.

Attachments:

1.	Final Draft DAIP 2012-2015(2)	12/26509	Minuted
2.	Consultation Summary Report	12/26504

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 234

Other Matters

CD05-04/12 Vietnamese Community in Australia/WA Chapter - Tet Festival 2012

File Ref: 6489 – 12/25739

Responsible Officer: Director, Community Development

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider requesting a refund of $5,000 Community Event Sponsorship Funding from the Vietnamese Community in Australia/WA Chapter.

Background

The City has supported the development and successful delivery of the annual Tet Festival by the Vietnamese Community in Australia/WA Chapter (VCA/WA) at Wanneroo Showgrounds since the event’s inception in 2009. A total of $22,075 has been contributed from the City’s Community Funding Program from 2008 to 2011 inclusive.

In the October 2011 Community Funding round the VCA/WA requested $10,000 to conduct the Tet Festival for 2012. Council approved $5,000 subject to the following:

1. A detailed budget illustrating how the grant amount would be spent;

2. Quotes for items over $100.00 that the City is being requested to fund;

3. A Risk Management Plan, including an evacuation plan and Fire Management Plan that meet the approval of the City’s Chief Fire Control Officer and FESA;

4. Statement by supplier form;

5. Letters of support to demonstrate a high level of community support for the event

Detail

All documentation for the 2012 event was submitted including a revised budget illustrating $30,000 income generated from sponsors including the City, Lotterywest and Healthway refer (Attachment 1). The VCA/WA advised a cash contribution of $12,700 giving a total budgeted income of $42,700. No ticket sales income was stated in the revised budget. Total budgeted expenditure was $42,700.

An event application was lodged with the City on 21 October 2011 for the 2012 Tet Festival. The application confirmed that “no” entry fee was to be charged for this event refer (Attachment 2).

On Monday 30 January 2012, following the weekend event, a City of Wanneroo resident sent an email of complaint regarding an entry fee charge of $7 per person over the age of 12 years. The resident followed up her concern with a letter of complaint.

Upon receipt of the VCA/WA grant acquittal on Thursday 1 March 2012, the VCA/WA stated that the 2012 Tet Festival had generated a profit of $44,925 refer (Attachment 3). Income of $91,990 was generated from grants ($20,000), sponsors ($19,400), stall hire ($15,540) and ticket sales ($32,050). No cash contribution was made by the VCA/WA. Total expenditure was $47,065.

Consultation

An email was sent by Administration to the VCA/WA on Friday 2 March 2012, requesting a telephone call to discuss issues arising from the grant acquittal including the ticket sales not documented in the original funding application. On Tuesday 6 March 2012 the VCA/WA contacted the City and apologised for the incorrect information regarding ticket sales for the Tet Festival. A written apology was also received on Friday 9 March 2012 refer (Attachment 4). The VCA/WA advised that the organisation did not intend to mislead the public.

Comment

Community Event Sponsorship has been developed to assist community organisations in the development and operation of a range of events across the City. Over the past four years the VCA/WA has entertained audiences with an array of outdoor music, dance and other Vietnamese cultural activities in celebration of the Lunar calendar year. The VCA/WA has met funding criteria and demonstrated its ability to successfully develop, manage and implement a substantial two day community event that is available to all sections of the community, including the culturally and linguistically diverse.

The VCA/WA has now reached a point where it is self sufficient in the delivery of this event, which is to be commended. The 2012 income and expenditure statement illustrating a $44,925 profit supports this. Conversations between Administration and other funding bodies suggest that there will be continuing support from Lotterywest and Healthway for the event as it continues to meet their funding objectives.

Administration acknowledges that past acquittals had not identified the matter of entry fees as a concern, but more rigorous attention to the acquittal process this year highlights that a more consistent approach is required for all recipients of City of Wanneroo Community Funding grants. Administration is constrained by the requirements of the policy in what is acceptable for the purposes of audit and acquittal, and this report will recommend entirely in line with the policy requirements.

It is however within the capacity of Council to consider a range of options to resolve the concerns of both the City and the Vietnamese Association in this matter. These include:

1. Seek a refund of the full amount of the community funding grant for the 2012 Tet Festival ($5000) and not support future community funding grants on the basis of self sufficiency through entry fees and other funding opportunities.

2. Not seek a refund of the community funding grant for the 2012 Tet Festival but not support future community funding grants on the basis of self sufficiency through entry fees and other funding opportunities.

3. Not seek a refund of the community funding grant for the 2012 Tet Festival but allow the possibility of future funding.

In any of the above scenarios it is recommended that the City of Wanneroo support the VCA/WA in its applications to other funding bodies, as this is a highly valued and valuable community event. If any future community funding applications are made to the City it will be essential that the terms of the grant, and any impacts of entry fees, are clarified at the time of approval so that Administration is able to appropriately monitor and acquit the City’s contribution.

Therefore in line with the City’s Community Funding Policy and guidelines for eligibility, it is recommended that the VCA/WA be requested to refund the City’s contribution of $5,000 for the 2012 Tet Festival. This refund will enable other emerging community projects to be supported.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.2 Improve the City’s identity and community well-being through arts, culture, leisure and recreation”

Policy Implications

In accordance with the City’s Community Funding Policy: General Funding Guidelines Eligibility, a community funding application should be not-for-profit or financial gain to the organisation or any individual.

The 2012 Tet Festival has made a substantial profit of $44,925 as per the VCA/WA acquittal information, income and expenditure statement.

Financial Implications

The refund of $5,000 will enable Council to support additional community funded projects in the current financial year.

Voting Requirements

Simple Majority

Recommendation

That Council ENDORSES a request for a refund of $5,000 from the Vietnamese Community in Australia/WA Chapter to be used for future City of Wanneroo Community Funding applicants.

Attachments:

1.	VCA WA 2012 Event Budget	12/25839
2.	Vietnamese Tet Festival - Event Application	12/31671
3.	VCA WA Acquittal Income and Expenditure Statement	12/25835
4.	VCA WA letter 9 March 2012	12/26557

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 242

Corporate Strategy & Performance

Finance

CS01-04/12 Financial Activity Statement for the Period Ended 29 February 2012

File Ref: 1859 – 12/28461

Responsible Officer: Director, Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider the Financial Activity Statement for the period ended 29 February 2012.

Background

Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity, presented according to nature and type, by program, or by business unit. Administration has opted to present the statement of financial activity by nature and type and in a similar format to that presented in the 2011/2012 Annual Budget. This format separates Revenue and Expenses from Other Revenue and Expenses and provides improved disclosure of the City’s underlying Operating Result.

The Financial Activity Statement is in the form of an Income Statement, which compares year to date actual income and expenses with the year to date budget, shows variances and the adopted and revised budgets (if any). Revised budget figures are inclusive of endorsed amendments from Council (including the Mid Year Budget Review). It is accompanied by a Balance Sheet together with information relating to Capital Projects, an Investment Portfolio Summary, Statement of Net Current Assets and Rate Setting Statement.

In addition to the above, Regulation 34(5) of the Local Government (Financial Management) Regulations 1996 requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2011/2012 financial year Council has adopted 10% for the reporting of variances, which is in line with previous years.

Detail

The Financial Activity Statement and February 2012 year to date financial performances of the City are detailed in Attachments 1, 2, 3 and 4.

Consultation

Nil

Comment

In accordance with the requirement of Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, the commentaries on 10% variances to revised budgets in the Financial Activity Statement for the period ended 29 February 2012 are provided below:

Income Statement (Refer to Attachment 1)

Net Result $ million

Year to Date Actual 47.960

Year to Date Budget Estimate 33.736

Year to Date Variance +14.224 (+42%)

Full Year Adopted Budget 38.696

Full Year Revised Budget 37.227

The following information is provided on key aspects of the year to date financial results:

Revenues $ million

Year to Date Actual 119.611

Year to Date Budget Estimate 117.213

Year to Date Variance +2.398 (+2%)

Full Year Adopted Budget 133.806

Full Year Revised Budget 132.538

Interest Earnings

The value recorded from Interest Earnings is dependent on the level of investment funds available, prevailing interest rates and the ability to closely monitor and manage. February year to date interest earnings amounts to $6.230 million, being a favourable variance of $0.808 million (+15%) comparing to year to date budget.

Reserve Bank of Australia (RBA) meeting February 2012 had decided to put cash rate on hold at 4.25%. It is difficult to predict the movements of interest rates in the coming months which will depend highly on the global economic and financial conditions. On the assumption that cash rate remains unchanged until end of June 2012, full year interest earnings were increased by 14% (+$1.010 million) through the mid-year budget review.

Other Revenue

The Other Revenue category shows a favourable year to date variance to budget of $0.608 million (+21%). The main contributor towards this variance is the unbudgeted payment of $0.258 million received by the City for the sale of sand at Lot 15 Motivation Drive, Wangara and a $0.481 million favourable year to date variance in Sale of Products Income for the Materials Recycling Facility.

Expenses $ million

Year to Date Actual 76.759

Year to Date Budget Estimate 86.305

Year to Date Variance +9.546 (+11%)

Full Year Adopted Budget 132.686

Full Year Revised Budget 131.078

Employee Costs

Under Employee costs a favourable year to date variance of +14% ($5.052 million) has been reflected for the end of February. The main contributors towards this are the current level of unfilled positions, together with the delay in increases associated with a new Enterprise Agreement with staff. Many vacancies have been advertised in the early part of 2012, with selections and appointments currently underway. In respect to the Enterprise Agreement for inside staff, negotiations are continuing on a revised agreement. At present favourable variances to year to date budgets of +$1.932 million and +$0.478 million are reflected for Salaries and Wages respectively. It is anticipated that expenditure on Salaries and Wages will come in close to the revised Budget by end of year.

Utility Charges

The variance to year to date budget for Utility Charges is currently +14% (+$0.568 million). Most accounts are within budget expectations except for Electricity which represents the majority of the variance. Furthermore, through the Mid-Year Budget Review, the electricity budget was increased based on the current monthly trends and back charges by Synergy for previous periods.

Insurance

A favourable variance to year to date budget of +15% (+$0.228 million) is noted as at February month end for Insurance costs. The reason for this variance is from the timing of the payments of the annual premiums, which are staged over the year and should not result in any savings by year end.

Other Revenue and Expenses $ million

(Excluding Contributions of Physical Assets)

Revenue in excess of expenses:

Year to Date Actual 5.108

Year to Date Budget Estimate 2.829

Year to Date Variance +2.280 (+81%)

Full Year Adopted Budget 7.577

Full Year Revised Budget 5.766

Non-Operating Grants, Subsidies and Contributions

An unfavourable year to date budget variance of -71% is reflected under the Non-Operating Grants, Subsidies and Contributions category which relates primarily to Capital Grants for Capital Works. However through the Mid Year Budget Review an increase in the annual estimates were identified and now reflected in the forecast end of year projections (+$0.349 million).

Town Planning Scheme (TPS) Revenues

Income for TPS’s currently report an unfavourable variance to year to date budget of -27%. These revenues are required to be set aside for specific costs associated with a particular scheme and will not affect the Result from Operations for the City.

Town Planning Scheme (TPS) Expenses

TPS Expenses as at February month end reflects a +73% variance (+$10.281 million) to year to date budget. These costs relate to expenditures within specific Scheme areas and are funded by contributions received from land owners. If timings of works carried out change there will be no impact on Municipal accounts.

Contributions of Physical Assets $ million

Year to Date Actual 0.000

Year to Date Budget Estimate 0.000

Year to Date Variance 0.000 (0%)

Full Year Adopted Budget 30.000

Full Year Revised Budget 30.000

Each year Developers hand over physical assets (such as parklands) to the City, for its ongoing management and control. These assets can be of considerable value and will be calculated and booked to the accounts during the preparation of end of year Financial Statements. It should be noted that variations on the amounts of contributions of physical assets comparing to budget has no direct impact to the City’s current financial year financial results.

Balance Sheet (Refer to Attachment 2)

Capital Works Program

The current status of the Capital Works Program as of 29 February 2012 is summarised below by Program Category:-

Capital Works Detail by Program

Program Category Description	Annual Revised Budget* $ million	Year to date Actual $ million	Commitments $ million
Community	3.828	0.971	0.405
Corporate	7.156	2.763	1.764
Drainage	0.659	0.191	0.097
Investment	4.128	0.669	0.150
Recreation and Sport	16.647	4.489	2.558
Transport	35.320	15.260	5.008
Waste Management	4.299	0.411	1.396
Total	72.037	24.754	11.378

Note: *Annual Revised Budget figures are inclusive of endorsed amendments from Council (including the Mid Year Budget Review).

The table above notes a total Annual Revised Budget for the Capital Works Program as $72.037 million. As at the end of February $24.754 million has been spent against capital works and in addition to the actual expenditure, $11.378 million is recognised as Committed. (Note: Commitments are life to date and will also relate to future financial periods).

To further expand on the Capital Works Program information above, key projects are selected to be reported on, on a regular basis, which are listed in the following table:

Capital Works Details for Selected Projects

Project Description	Annual Revised Budget $ million	Year to Date Actual $ million	Commitments $ million	Comments
Ocean Reef Road Wangara	10.291	7.534	0.267	Civil works completed. Remaining landscaping/ environmental offset works to be undertaken.
Flynn Drive Neerabup	6.215	0.077	0.056	Design scheduled for completion in April 2012. Tender advertising subject to receipt of Federal Government Environmental Approval and finalisation of design.
Hepburn Avenue Alexander Heights	3.801	0.373	3.530	Design completed. Construction commenced on 16 January 2012, expected completion June 2012.
Upgrade Kingsway RSC Stage 5	3.230	1.495	0.667	Expect project to be completed by 30 June 2012 with the exception of the Netball Carpark (scheduled for construction during September/ October 2012)
Pinjar Road Ashby	3.990	2.236	0.628	Civil works to be completed April 2012. Landscaping works due for completion by June 2012.
Develop Industrial Estate Neerabup	2.818	0.599	0.077	On hold pending resolution of environmental issues.
Joondalup Drive Carramar	2.645	2.150	0.255	Road Open with works complete except mulching of northern section.
Replace Waste Management Plant	2.142	0.288	0.704	On track to be completed by 30 June 2012.
Replace Light Plant	2.083	0.395	0.784	Progressing.
Lenore Road Wanneroo	1.450	0.010	0.042	Design being finalised with tender advertisement subject to finalisation of land acquisition matters.
Yanchep District Playing Fields	1.199	0.048	0.000	Developer in the process of subdivisional application. Landscape design has commenced with irrigation design to follow. Bulk earthworks are scheduled to commence on finalisation of Deed of Agreement.
Yanchep Lagoon	1.042	0.087	0.002	Brazier Road realignment construction scheduled to commence in April 2013.

Investment Portfolio Summary (Refer to Attachment 3)

In accordance with the City’s Investment Policy, Council endorsed the City to continue maintaining a “cautiously optimistic” approach to its investments to ensure full protection of the City’s financial assets. As such, the City will only invest in government guaranteed products or short to medium term deposits with major banks during the present economic climate.

As at 29 February 2012, the City holds an investment portfolio (cash and cash equivalents) of $206.051 million. Interest Earnings were budgeted at 5% yield. For the financial year to date ending February, Council’s investment portfolio return has exceeded the bank bill index benchmark by 0.95% pa (5.79% pa vs. 4.84% pa). Further explanation of the current economic climate, market conditions and City’s portfolio analysis is detailed in Attachment 3.

Rate Setting Statement (Refer to Attachment 4)

The Rate Setting Statement outlined in Attachment 4 represents a composite view of the finances of the City, identifying the movement in the surplus/(deficit), primarily based on the operations and capital works revenue and expenditure, and resulting rating income required.

Overall Comment

The Operating Result for the City to February month end presents an overall favourable variance of +39% (+$11.944 million) to year to date budget. Operating Income presented a minimal favourable variance to year to date budget of +2% (+$2.398 million).

Expenditures from Operations continue to present a favourable variance to year to date budget of +11% (+$11.944 million) with the major influences being the favourable year to date variances stated for Employee Costs (+$5.052 million) and Materials & Contracts (+$2.394 million). Activities within the Capital Program are progressively increasing as reflected in the February year to date figures and in respect of Commitments.

It is noted that substantial analysis was undertaken in preparing the Mid Year Budget Review, which was recently adopted by Council at its 6 March meeting. For the 2012 financial year positive financial results against original budget were forecast however Administration are particularly mindful of the current slowdown in income producing activities effecting the City and continue a conservative and cautious approach to ensure the effective use of resources for the remainder of the year.

Statutory Compliance

This monthly financial report complies with Section 6.4 of the Local Government Act 1995 and Regulations 33A and 34 of the Local Government (Financial Management) Regulations 1996.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.6 Provide and maintain a high standard of governance and accountability”

Policy Implications

Nil

Financial Implications

As outlined above and detailed in Attachments 1, 2, 3 and 4

Voting Requirements

Simple Majority

Recommendation

That Council RECEIVES the Financial Activity Statements and commentaries on variances to Budget for the period ended 29 February 2012, consisting of:

· Annual Original and Revised Budgets,

· February 2012 Year to Date Budget Estimates,

· February 2012 Year to Date Income and Expenditures,

· February 2012 Year to Date Material Variance Notes, and

· February 2012 Year to Date Net Current Assets.

Attachments:

1.	Income statement for the period ended 29 February 2012	12/30040	Minuted
2.	Balance sheet for the period ended 29 February 2012	12/30037	Minuted
3.	Investment Portfolio February 2012	12/30041	Minuted
4.	Rate setting statement for the period ended 29 February 2012	12/30042	Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 03 April, 2012 271

Chief Executive Office

Office of the CEO Reports

CE01-04/12 Extension of Civic/Administration Centre

File Ref: 2755 – 12/21012

Responsible Officer: Chief Executive Officer

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider the provision of additional Civic and administration accommodation to meet the growth of the City of Wanneroo.

Background

The City of Wanneroo is the largest growing local government in Western Australia and one of the fastest growing local governments in Australia.

The City of Wanneroo has a current population of almost 160,000 residents and this will grow to over 237,000 by 2021 and 305,000 by 2031. Furthermore, new population forecasts released this month by the State Government reveal that the City of Wanneroo will continue to experience the largest population growth of any local government in the state, with the City’s population predicted to increase by an additional 128,000 (or an average of 8,000 people p.a.) within the next 14 years. These new forecasts also acknowledge that the City’s population will have doubled in the period from 2006 to 2026, to be a City of some 300,000 residents. When reviewing these figures against the statistical forecasts for other metropolitan local governments (sourced from Directions 2031), it is expected that the City of Wanneroo will also become the most populated local government in Western Australia within the next 10 years (before 2021).

If the City is to continue providing the same range and quality of services to its future residents, then staff numbers must increase commensurately and consistently to keep pace with the needs of the City’s ever-expanding community.

In 2011 Council supported the Chief Executive Officer in engaging the services of Syme Marmion and Co to assist the CEO in the development of a Workforce Plan and Governance Review for the City of Wanneroo which were presented to Council at the Council Forum on the 29 November 2011.

The main outcomes of this work are summarised below and were incorporated into the City’s submission on the review of the Metropolitan Local Government which can be viewed on the City’s web site.

Governance Review

· That the City of Wanneroo should remain as one local government up to 2031.

· That any scenario to split the City is not supported and would only be feasible to contemplate beyond 2031.

· That the main Civic and Administration Centre in the Wanneroo Town Centre would remain as the City’s core administrative hub.

Workforce Plan

· As the population of the City increases so too will the requirement for skilled staff in the organisation. However the rate of increase in staff will be lower than the rate of increase in population, which implies that overall the ratio of population to employee will increase over time.

· If the City remains as one large municipality in the future, there will be a requirement for an estimated increase in full time equivalent positions (FTEs) of 254 by 2021 and a further estimated 211 FTEs will be required between 2021 and 2031 (shared between administration and operational staff).

It should be noted that the above projections are based around an assumption that the City will continue to provide the same level and variety of services and functions as it currently does. This is an appropriate base to start from but is by nature a conservative assumption as history has shown the City being involved in activities over the last five years that it would never have considered being involved in during the past which will have an increasing impact on staff projections.

10 Year Financial Plan review

Council at its Ordinary Council Meeting on 13 December 2011 adopted the revised 10 Year Financial Plan. This review incorporated the following:

· “Forecast rate increases have been reduced down to 5.9% with an aim that the Budget Principle be amended to reflect a reduction in the range from the currently adopted 3-6% above CPI down to 2-3% above CPI (assuming CPI of 3%);

· Growth in the rate base has been adjusted to reflect recent outcomes (still conservative/prudent but delivering a slight increase over the next four financial years);

· Employee costs adjusted to reflect:

o an increase in the establishment to meet current shortfall

o establishment growth in 2012/13 limited to 1% (down from 3%)

o an increase in the establishment in 2015/16

o adjustment down of the annual salary incremental growth applicable through collective agreements.”

The increase in the establishment was in recognition of the need to urgently increase staff numbers in both Administrative and Operational areas to address the previous growth of the City.

Metropolitan Local Government Review Submission

Council at its Ordinary Council Meeting on the 13 December 2011 resolved as follows:

“That Council:-

1. ADOPT IN PRINCIPLE the framework as outlined in this report as its submission to the Metropolitan Local Government Review Panel being the Governance Model and Draft Whole of Government Review Submission.

2. AUTHORISE the Chief Executive Officer to make further modifications to the City’s submission and then submit the two submissions to the Metropolitan Local Government Review Panel and publish the City’s submissions on the City’s website.

3. AUTHORISE the Mayor and Chief Executive Officer to provide a deputation to present the City’s submission to the Metropolitan Local Government Review Panel on 16 January 2012.

Carried Unanimously”

The above resolution formalised Council’s position to remain as one single local government to 2031.

Detail

As indicated in the Background section above Council has now considered how best to govern the City of Wanneroo in light of the adoption of the two District Structure Plans for Alkimos/Eglinton and Yanchep/Two Rocks and made a recommendation to the Local Government Review Panel that the City of Wanneroo remain as one single local government until at least 2031.

The Council Workforce Plan has recommended that the Civic and Administration Centre remain within the Wanneroo Town Centre.

It is now time to urgently consider the need for additional permanent accommodation for the organisation. In the past the City’s growth in staff has been accommodated through:

· the construction of the Wanneroo Library and Cultural Centre which allowed for staff to move from the Civic/Administrative Centre;

· conversion of the Banksia Rooms to allow the Finance Unit to relocate;

· conversion of other areas within the Civic/Administrative Centre;

· moving Service Units to the City’s Operations Centre; and

· relocation of Infrastructure to the former Wanneroo Library.

Whilst this has provided capacity to grow, it has also provided inefficiencies as the Administration is run from various centres. These temporary measures have also removed community and civic spaces from public use.

With the uncertainty created by the Global Financial Crisis (GFC), some degree of uncertainty was created in regards to the rate that the City will continue to grow and as a result the subsequent rate of growth in staff numbers. It is now clearer that based on the past two years, it is more likely that the City will continue to experience strong growth rates in this type of environment and whilst this growth may slow down, it will still maintain a rate of growth that will continue to require that the organisation also grows.

As a result, consideration now needs to be given to a permanent expansion of the Civic and Administration Centre to address the future growth of the City and to return some important community meeting venues back to the community.

The extension of the Civic and Administration Centre will require detailed review of several design options to ensure that it can meet the needs of both the organisation and the community. It is estimated that, subject to the outcome of the detailed design, funding of between $10-$17M will be required. A comprehensive funding and risk model will also need to be developed for further consideration by Council.

The extension, in addition to returning the Banksia Rooms for civic use, will also allow consideration to be given to the need to return the option of commercial tenancies to the building that faces onto Dundebar Road. In addition design for an additional 125-150 new staff by 2021 and a further 120–130 new staff by 2031 plus additional car parking and staff amenities, will need to be explored.

With the construction of the GP Super Clinic opportunities now also exist to explore different options in regards to increasing the number of car parking bays within the Town Centre. An option that will be explored, subject the support of Edith Cowan University through their involvement in the GP Super Clinic, is the construction of a deck car park at the Civic and Administration Centre that could cater for the need for parking at the GP Super Clinic (with cost contribution from Edith Cowan University), Civic and Administration Centre and the general Wanneroo Town Centre.

It is now proposed to appoint a Project Manager to manage this important project based on the following timeline:

2012/13 Completion of a concept proposal, detailed design, cost estimates and tender documentation, fit out and transfer of staff

2013/14/15 Construction

This time frame also will allow Council to consider any possible outcomes of the current local government reform process prior to committing to construction contracts.

Part of the work that will also be completed will be to explore the option of incorporating additional commercial/commerce space within the extension, if market advice confirms there is capacity within the Wanneroo Town Centre for this to be beneficial.

Statutory Compliance

Not applicable.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.6 Provide and maintain a high standard of governance and accountability”

Policy Implications

Not applicable.

Financial Implications

Whilst this project is not currently listed in the 10 Year Capital Works Plan, the City’s Financial Reserves have been strengthened over the last three financial years, consistent with the adopted Budget Principles. This allows the Council to react to this extraordinary funding requirement through allocation of funds from the following Reserves:

· Strategic Projects Reserve

· Asset Replacement Reserve

In addition, a strategic review of the various Refuse Reserves has identified an opportunity to transfer surplus funding into the Strategic Projects Reserve to meet any shortfall.

A comprehensive funding and risk model will be developed for review by Council in this regard.

Voting Requirements

Simple Majority.

Recommendation

That Council:-

1. REAFFIRMS the City of Wanneroo should be administered from the current Civic and Administration Centre located in the Wanneroo Town Centre to 2031 with satellite facilities being considered through the City’s libraries network; and

2. AGREE listing for budget consideration over the next three financial years a sum of $10-$17M for the extension of the Civic and Administration Centre office accommodation, and REQUEST the Director Corporate Strategy and Performance to develop a comprehensive funding and risk model for this capital project for consideration by Council.

Attachments: Nil

Tenderers	Option 1	Option 2
Lowest Price for 2 Bay/1 Bay Fire Station	$271,636	$250,918
Middle Price for 2 Bay/1 Bay Station	$409,353	$299,992
Highest Price for 2 Bay/1 Bay Station	$480,685	$444,518

1.	Proposed Extent of Road Reserve	12/32889
2.	Lot 502 Crown Reserve 20561 - Proposed Jindalee Beach Kiosk	12/28023

1.	Policy	12/23778	Minuted
2.	Management procedure	12/23779

Applicant 1 – Postie Bike Challenge
Request amount	$4,230.60
Description of request	Request for 100% waiver of fees for hire of Margaret Cockman Pavilion from 20 August to 2 September 2012 for storage of approx. 50 postie bikes prior to departure for Postie Bike Challenge from Perth to Broome.
Criteria	Evaluation
Potential for income generation	Generic fund raising event.
Status of applicant organisation	Commercial
Exclusivity of the event or project	Fifty to sixty motorbike riders participating in the event.
Alignment with Council’s existing philosophies, values and strategic direction	This request supports Objective 2.2 of Council’s Strategic Plan being “Improve the City’s identity and community wellbeing through arts, culture, leisure and recreation.”
Alternative funding sources available or accessed by the organisation	Not stated
Criteria	Evaluation
Contribution to the event or activity made by the applicant or organisation	Not stated
Previous funding assistance provided to the organisation by the City	Nil
Commitment to acknowledge the City of Wanneroo	Yes
Comments	The Donations, Sponsorships and Waiver of Fees and Charges policy states Council will not consider funding applications for donations, sponsorships or the waiver of fees and charges for: “2.9 Fund raising activities, for example, prizes for quiz nights, fetes and generic fundraising campaigns from individuals or National Charities” and “2.5 Requests from non-resident individuals or organisations which do not directly serve or represent the community of the City of Wanneroo.” and also, “4.2 75% of membership of groups requesting support must be City of Wanneroo residents.” Whilst this event fundraises for many different community groups such as Rotary, Girl Guides, Lions Club, Hospitals etc they are not specifically for groups in the City of Wanneroo and they do not have 75% membership within the City of Wanneroo. The policy also only supports a 50% waiver of fees.
Recommendation	NOT APPROVE a 100% donation of a waiver of fees in the sum of $4,230.60 for hire of Margaret Cockman Pavilion from 20 August to 2 September 2012 for storage of approx. 50 postie bikes prior to departure for Postie Bike Challenge from Perth to Broome.
Reason	This request does not satisfy the criteria of the policy.

Budget 2011/12		$80 000.00
Amount expended to date (as at 19 March 2012)		$43,882.03
Balance		$36,117.97
Total of requests for this round: Donations (in this report): Total this Round	0	0
CARRY FORWARD		$36,117.97