Minutes

 

Unconfirmed

 

Ordinary Council Meeting

7.00pm, 03 April, 2012

Civic Chambers

Dundebar Road, Wanneroo


Recording of Council Meetings Policy

 

 

Objective

 

·         To ensure that there is a process in place to outline access to the recorded proceedings of Council.

 

·         To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.

 

Statement

 

Recording of Proceedings

 

(1)     Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public. 

 

(2)     Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.

 

(3)     No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.

 

Access to Recordings

 

(4)     Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer.  Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.

 

(5)     Elected Members may request a recording of the Council proceedings at no charge.  However, no transcript will be produced without the approval of the Chief Executive Officer.  All Elected Members are to be notified when recordings are requested by individual Members.

 

Retention of Recordings

 

(6)     Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.

 

Disclosure of Policy

 

(7)     This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.


 

 

Unconfirmed Minutes of Ordinary Council Meeting

 

 

held on Tuesday 03 April, 2012

 

 

 

 

CONTENTS

 

Item  1              Attendances   1

Item  2              Apologies and Leave of Absence   1

Item  3              Public Question Time   2

PQ01-04/12     Mr E Reid, Brohard Road, Butler  2

PQ02-04/12     Mr J Danaher, Galway Court, Mindarie  2

PQ03-04/12     Mr T Summers, Condicole Loop, Butler  2

PQ04-04/12     Ms C Paterson, Captiva Approach, Butler  3

PQ05-04/12     Mr S Forbes, Shiraz Boulevard, Pearsall  4

PQ06-04/12     Mr A Tickle, Traminer Way, Pearsall  4

PQ07-04/12     Mr N Murphy, Shiraz Boulevard, Pearsall  4

PQ08-04/12     Ms F Carrera, Shiraz Boulevard, Pearsall  5

PQ09-04/12     Ms J Stojkovski, Marginson Drive, Landsdale  5

Item  4              Confirmation of Minutes   5

OC01-04/12     Minutes of Ordinary Council Meeting held on 6 March 2012  5

Item  5              Announcements by the Mayor without Discussion   6

Item  6              Questions from Elected Members   6

CQ01-04/12     Cr Goodenough - PS05-04/12 Proposed Commercial Development at Lot 1061 (2) Captiva Approach, Butler - DA2011/799  6

Item  7              Petitions   6

New Petitions Received  6

Update on Petitions  6

PT01-03/12      Retention of Natural Bushland in Perpetuity, Lot 5483 Ian Robbins/Alexander Heights Park  6

PT02-03/12      Request for Traffic Island and Speed Humps, La Salle Road, Alexander Heights  6


 

Item  8              Reports   7

Planning and Sustainability  7

Town Planning Schemes & Structure Plans  7

PS01-04/12      Proposed Amendment 6 to Agreed Structure Plan 44 – Capricorn Village Structure Plan  7

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

PS03-04/12      Adoption of Revised Development Guide Plan for Special Rural Zone No. 18  17

PS04-04/12      Adoption of Eglinton Local Structure Plan No. 82  20

Development Applications  56

PS05-04/12      Proposed Commercial Development at Lot 1061 (2) Captiva Approach, Butler - DA2011/799  56

Other Matters  62

PS06-04/12      Proposed Road Closure - Portion of Pannell Way Girrawheen  62

City Businesses  65

Regulatory Services  65

CB01-04/12     Crossover Subsidy Policy Review   65

CB02-04/12     Appointment of External Honorary Litter Inspectors  69

CB03-04/12     Two Rocks Volunteer Bushfire Brigade Fire Station Construction - Request for Further Funds  69

Property  70

CB04-04/12     Indemnity to Minister of Lands for Road Dedication Excised from a Portion of Crown Reserve 34670 Wanneroo Road (Luisini Park) 70

CB05-04/12     Proposed Lease - Portion of 935 Wanneroo Road, Wanneroo to Small Business Centre (North West Metro) Inc  70

CB06-04/12     Proposed Lease - Portion of 935 Wanneroo Road, Wanneroo to Wanneroo Business Association Inc  71

CB07-04/12     Portofinos Tavern Restricted Liquor License  71

CB08-04/12     Proposed Excision of  Portion of Crown Reserve 48306 (Jindalee Foreshore) for Road Reserve  72

CB09-04/12     Proposed Lease of Lake Joondalup Kindergarten, 10 Neville Drive, Wanneroo to The Evelyn Enrichment Foundation Ltd. 72

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. 73

Other Matters  73

CB11-04/12     Mindarie Regional Council - New Establishment Agreement  73

CB12-04/12     Mindarie Regional Council and the Process Associated with the Withdrawal of City of Stirling  101


 

Infrastructure  101

Traffic Management  101

IN01-04/12       PT01-11/11 - Request Removal of Business Advertising on Ocean Reef Road and Traffic Calming on Shiraz Boulevard, Pearsall  101

Other Matters  102

IN02-04/12       Request from Eventscorp Western Australia for a Contribution Towards the Provision of a Bus Turnaround Facility at the Barbagallo Raceway  102

Community Development  103

Capacity Building  103

CD01-04/12     Disability Access and Inclusion Plan 2012-2015  103

CD02-04/12     Review of Access to Information & Services for People with Disabilities and their Families and Carers Policy  135

CD03-04/12     RAP Working Group Recommendation to Council  140

Communication and Events  140

CD04-04/12     Civic Functions, Ceremonies and Receptions Policy  140

Other Matters  146

CD05-04/12     Vietnamese Community in Australia/WA Chapter - Tet Festival 2012  146

Corporate Strategy & Performance  147

Finance  147

CS01-04/12     Financial Activity Statement for the Period Ended 29 February 2012  147

Governance  154

CS02-04/12     Naming of Facilities and Recognition of Outstanding Community Contributions Policy  154

CS03-04/12     Donations to be Considered by Council - April 2012  161

Chief Executive Office  162

Office of the CEO Reports  162

CE01-04/12     Extension of Civic/Administration Centre  162

Item  9              Motions on Notice   162

Item  10           Urgent Business   162

Item  11           Confidential  162

CR01-04/12     WRC Future Directions and Strategic Risk Assessment  163

Item  12           Date of Next Meeting   164

Item  13           Closure   164

 

 


Minutes

Please refer to agenda for details of full reports and attachments.

 

Item  1       Attendances

TRACEY ROBERTS, JP        Mayor

 

Councillors:

 

DOT NEWTON, JP                  Central Ward

FRANK CVITAN                      Central Ward

RUDI STEFFENS                    Coastal Ward

BOB SMITHSON                      Coastal Ward

IAN GOODENOUGH, JP        Coastal Ward

RUSSELL DRIVER                 Coastal Ward

NORMAN HEWER                  North Ward

LAURA GRAY, JP                   North Ward

ANH TRUONG                         South Ward

BRETT TREBY                         South Ward

STUART MACKENZIE           South Ward

DENIS HAYDEN                     South Ward

 

Officers:

 

DANIEL SIMMS                       Chief Executive Officer

LEN KOSOVA                          Director, Planning and Sustainability

KAREN CAPLE                       Director, City Businesses

DENNIS BLAIR                        Director, Infrastructure

FIONA BENTLEY                    Director, Community Development

JOHN PATON                          Director, Corporate Strategy & Performance

MIKE BARRY                           Manager Executive Services

MICHAEL PENSON                Chief Operations Officer

KAREN BROWNE                   City Lawyer

MATTHEW WILSON               Coordinator Events

ROBYN HARKINS                  Minute Officer

 

Item  2                                        Apologies and Leave of Absence

DIANNE GUISE                       Central Ward                   (Leave of Absence 20.3.12-10.4.12)

 

 

There were 38 registered members of the public and two members of the press in attendance.

 

Mayor Roberts declared the meeting open at 7.00pm.

 

 

 

 

 

 

Item  3       Public Question Time

 

Item PS05-04/12 Proposed Commercial Development at Lot 1061 (2) Captiva Approach Butler – DA2011/799

 

Requested Council to consider the potential health implications of locating a fast food outlet and liquor store so close to two existing schools and proposed third school.  Stated that it is well documented that the health implications of such fast food and drinks is clearly linked to increases of obesity in children, Type 2 diabetes, cardio vascular disease, stroke and various cancers. 

 

Response by Mayor Roberts

 

Advised Council would consider these matters during discussion of the item in the agenda.

Item PS05-04/12 Proposed Commercial Development at Lot 1061 (2) Captiva Approach Butler – DA2011/799

 

As Principal of Brighton Catholic Primary School stated the primary school is mandated to educate children about the effects of alcohol and the positive impact of having a healthy diet and lifestyle.  The school community is greatly concerned at the contradictory impact on education programs within the school due to the proposed presence of a nearby McDonalds fast food outlet and a liquor store.  Queried what considerations Council had in relation to the negative health impacts the development of these stores could have on the children.

 

Response by Mayor Roberts

 

Advised Council would consider these matters during discussion of the item in the agenda.

Item PS05-04/12 Proposed Commercial Development at Lot 1061 (2) Captiva Approach Butler – DA2011/799

 

Stated he was a teacher at the Irene McCormack Catholic College and as a parent of a student who attends Brighton Catholic Primary School wanted to ask what issues had been considered in relation to the health and well being of children in the area near the proposed developments.

 

Response by Mayor Roberts

 

Asked the Director Planning and Sustainability for advice on how health benefits relate to planning issues.

 

Response by the Director Planning and Sustainability

 

Advised the potential for those two land uses to have adverse or other impacts on healthy eating and drinking choices of residents and youths within the area is not a valid planning consideration.

Item PS05-04/12 Proposed Commercial Development at Lot 1061 (2) Captiva Approach Butler – DA2011/799

 

1.       Administration has stated that access points to the site are “prohibited” from being constructed along Connolly Drive and Lukin Drive because the roads are zoned as “Other Regional Roads” under the Metropolitan Regional Scheme. Nowhere in the MRS Policy No. DC 5.1 - Regional Roads (Vehicular Access) does it state that access points on Other Regional Roads are “prohibited”. The policy suggests that local councils should consider safety, function and development requirements during the development process when dealing with all types of Regional Roads. If Administration considers Connolly and Lukin Drives unsuitable to contain access points to the proposed development because of these considerations then how can it deem Captiva Approach and Tarpon Link safe and suitable to carry full access to the development given the small size of these roads and the amount of traffic this development would attract, given the representative from McDonalds here this evening has estimated that 25,000 vehicles will travel along Lukin once the Freeway has been extended.

 

2.       In response to concerns raised during the public comment period regarding anti-social behaviour at the proposed development, Administration have stated that “The applicant has advised that security cameras will be installed to monitor the external areas of the site and to take appropriate action, including calling specialist security services and advising the Police, if necessary.” This doesn’t do much to calm the fears of residents, including herself, who are already subjected to ongoing hoon driving at the Connolly and Lukin Drive intersection, evidenced by the burn out marks which litter the road there. This statement also implies that the applicant already acknowledges that the development will attract a significant amount of anti-social behaviour. Is the council willing to expose residents to this increased risk to their safety and security?

 

Response by the Director Planning and Sustainability

 

1.         If access to and from the site was available from Connolly or Lukin Drives, then the proposal would have reflected that.

 

Submission 2 in the submission table from the Department of Planning (which is the department responsible for controlling access onto both of those adjacent regional roads) clearly explains that the Department is not prepared to allow or support access to either Connolly Drive or Lukin Drive. 

 

2.         In regard to the applicant indicating that they would be engaging security personnel and installing CCTV surveillance equipment on the premises, it is arguable as to whether or not that is an admission on the applicant’s part that this development is going to cause or attract anti-social behaviour.  The fact of the matter is that almost all commercial (and many other) developments approved nowadays involve the installation of CCTV equipment.  Security services also patrol many properties, not just commercial sites.

 

Further Response by Mayor Roberts

 

Advised there was a proposed amendment to the recommendation.

 

 

 

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

 

Expressed concern at the traffic congestion on Archer Street, understood that Kemp Street is to be continued through from Lenore Road, which would further increase the traffic flow onto Archer Street.

 

Response by Director Infrastructure

 

Sections of Archer Street will provide direct access to Kemp Street which may result in an increase in traffic. This will be offset in the traffic no longer travelling along Archer Street to Shiraz Boulevard when its connection to Lenore Road is closed.

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

 

Requested if Council could plant more vegetation on either side of Ocean Reef Road to stop noise being transferred over into Pearsall as the trees currently there do not have any undergrowth which would stop most of the noise.  Also driving down Archer Street directly into Ocean Reef Road the view is commercial buildings in Wangara, would it be possible to put trees in that area to screen the view.

 

Response by Deputy Mayor

 

Advised there is a proposed amendment to the recommendation in relation to landscaping.

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

 

Advised he understood that signage is a Main Roads Department responsibility however was concerned that there is a 50km road entering an 80km double carriageway with no warning sign and exiting Shiraz Boulevard is not easy.  Requested if Council could endeavour to stop what is happening and especially in regard to new houses is there any feasibility study being undertaken to solve future problems.  A proposed solution may be to shift  the 80km section to the east of Archer Street and start the 70km descent at Archer Street.

 

Response by Mayor Roberts

 

Taken on notice and will investigate the signage.

 

Response by Director Infrastructure

 

An approach will be made to Main Roads WA to  review the speed zoning along Ocean Reef Road, east of Wanneroo Road

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

 

Requested if Council could consider putting in safety precautions in Shiraz Boulevard as since building a house in January 2011 the traffic has increased with speeds of 70-80kph and is concerned due to all the young families living in the area.

 

Response by Director Infrastructure

 

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 Traffic Management 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.

 

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.

 

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.

Air conditioning of Warradale Hall Community Centre

 

As a representative for the Landsdale Residents Association she thanked Council for support of the Landsdale Residents Association Get To Know Your Neighbour Day which was a great success. 

 

Requested if Council could address the urgent need for air conditioning at the Warradale Hall Community Centre.

 

Response by Director Infrastructure

 

Advised that this request can be considered as part of the current budget deliberations.

Item  4       Confirmation of Minutes

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

Moved Cr Treby, Seconded Cr Hayden

 

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

 

Carried Unanimously

 

Item  5       Announcements by the Mayor without Discussion

Nil

Item  6       Questions from Elected Members

CQ01-04/12       Cr Goodenough - PS05-04/12 Proposed Commercial Development at Lot 1061 (2) Captiva Approach, Butler - DA2011/799

Council is obliged to make its decision in relation to this item based on planning grounds, may advice be given by the Director Planning and Sustainability what the implications would be if the liquor store and fast food restaurant were deleted?

 

Response by Mayor Roberts

 

Advised it would be appropriate to be raised when PS05-04/12 is discussed.

 

Item  7       Petitions

New Petitions Received 

Nil

Update on Petitions   

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.

Cr Gray declared an impartial interest in Item PS02-04/12 and Item PS05-04/12 due to having an intermittent professional relationship with Greg Rowe & Associates in her capacity as a conservation consultant.

 

Cr Truong declared an impartial interest in Item CD05-04/12 due to being a board member of the Vietnamese Community in Australia/WA Chapter.

 

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         

 

Moved Cr Gray, Seconded Cr Newton

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;

“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.”; and

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.

 

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                                                                      9


 


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    11


Cr Gray declared an impartial interest in Item PS02-04/12 due to having an intermittent professional relationship with Greg Rowe & Associates in my capacity as a conservation consultant.

 

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         

 

Moved Cr Gray, Seconded Cr Newton

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.

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    13


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    14


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    15


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


 

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         

 

Moved Cr Gray, Seconded Cr Newton

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:

 

       “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’.”; 

 

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.

 

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                                                                    18


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                          19


 

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         

 

Moved Cr Gray, Seconded Cr Newton

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.

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    21


 


 


 


 


 


 


 


 


 


 


 


 


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                                                                    34

 

 

 

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 Minutes OF Ordinary Council Meeting 03 April, 2012                                                    44


 


 


 


 


 


 


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                          51


 


 


 


 


 

Development Applications

Cr Gray declared an impartial interest in Item PS05-04/12 due to having an intermittent professional relationship with Greg Rowe & Associates in her capacity as a conservation consultant.

 

PS05-04/12       Proposed Commercial Development at Lot 1061 (2) Captiva Approach, Butler - DA2011/799

File Ref:                                              DEV11/1074 – 11/138206

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Moved Cr Treby, Seconded Cr Hayden

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.

Amendment

To insert in the first paragraph after the words “Attachment 4” the words “excluding the proposed land uses of ‘Liquor Store’ and ‘Drive-through Food Outlet’ (McDonald’s Restaurant),” and add a new point 16.

Moved Cr Gray, Seconded Cr Hewer

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, excluding the proposed land uses of ‘Liquor Store’ and ‘Drive-through Food Outlet’ (McDonald’s Restaurant), 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; and

16.      The land uses of ‘Liquor Store’ and ‘Drive-through Food Outlet’ (McDonald’s Restaurant) do not form part of this approval.

carried

12/1

For the motion:           Cr Goodenough, Cr Gray, Cr Cvitan, Cr Driver, Cr Hewer, Cr Mackenzie, Cr Newton, Mayor  Roberts, Cr Steffens, Cr Treby, Cr Truong and
Cr Hayden

Against the motion:   Cr Smithson

 

 

 

The amendment became the substantive motion.

 

carried

12/1

For the motion:           Cr Goodenough, Cr Gray, Cr Cvitan, Cr Driver, Cr Hewer, Cr Mackenzie, Cr Newton, Mayor  Roberts, Cr Steffens, Cr Treby, Cr Truong and
Cr Hayden

Against the motion:   Cr Smithson

 

 


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    60


 


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         

 

Moved Cr Mackenzie, Seconded Cr Truong

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.

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                          63


 


   

City Businesses

Regulatory Services

CB01-04/12       Crossover Subsidy Policy Review

File Ref:                                              3601 – 12/19215

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Moved Cr Goodenough, Seconded Cr Steffens

That Council APPROVES the current $360 (maximum) crossover subsidy and as such ADOPTS the reviewed POLICY as in Attachment 1 for the next two years, and that the next biannual review date be set for February 2014.

 

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    66


 


 


 

CB02-04/12       Appointment of External Honorary Litter Inspectors

File Ref:                                              3601 – 12/25946

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Moved Cr Goodenough, Seconded Cr Steffens

That Council DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the power to appoint Meridian Services employees as Honorary Litter Inspectors for the City of Wanneroo subject to:

 

(a)     The person being a current employee of Meridian Services;

(b)     Meridian Services submitting an annual list of employees who will undertake such duties;

(c)     Meridian Services providing proof of ongoing employment and current Police Clearance certification of these employees; and

(d)     The Chief Executive Officer being able to withdraw such authorizations at any time.

Carried BY ABSOLUTE MAJORITY

13/0

 

CB03-04/12       Two Rocks Volunteer Bushfire Brigade Fire Station Construction - Request for Further Funds

File Ref:                                              6654 – 12/30173

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Moved Cr Goodenough, Seconded Cr Steffens

That Council ENDORSES the action of the Mayor writing to the Minister for Transport, Housing and Emergency Services to request additional funding of $120,000 for the construction of the Two Rocks Fire Station as a result of a shortfall between the funding grant and tenders received.

Carried Unanimously

 


 

Property

CB04-04/12       Indemnity to Minister of Lands for Road Dedication Excised from a Portion of Crown Reserve 34670 Wanneroo Road (Luisini Park)

File Ref:                                              1715 – 12/26454

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Moved Cr Goodenough, Seconded Cr Steffens

That Council INDEMNIFIES the Minister for Lands against any claim for compensation arising from the dedication of road reserve to be excised from a portion of Crown Reserve 34670 Wanneroo Road (Luisini Park).

Carried Unanimously

 

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         

 

Moved Cr Goodenough, Seconded Cr Steffens

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.

 

 

Carried by absolute majority

13/0

 

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         

 

Moved Cr Goodenough, Seconded Cr Steffens

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

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

 

 

Carried BY ABSOLUTE MAJORITY

13/0

 

CB07-04/12       Portofinos Tavern Restricted Liquor License

File Ref:                                              4534 – 12/25667

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Moved Cr Goodenough, Seconded Cr Steffens

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.

Carried Unanimously

 

CB08-04/12       Proposed Excision of  Portion of Crown Reserve 48306 (Jindalee Foreshore) for Road Reserve

File Ref:                                              5642 – 12/27508

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Moved Cr Goodenough, Seconded Cr Steffens

That Council:-

1.       AUTHORISES the excision of approximately 550m2 from Crown Reserve 48306 for dedication as road; and

2.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from   the dedication of road reserve to be excised from a portion of Crown Reserve 48306.

Carried Unanimously

 

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       

 

Moved Cr Goodenough, Seconded Cr Steffens

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.

Carried Unanimously

 

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         

 

Moved Cr Goodenough, Seconded Cr Steffens

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.

.   

Carried Unanimously

 

Other Matters

CB11-04/12       Mindarie Regional Council - New Establishment Agreement

File Ref:                                              4603 – 12/29623

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Moved Cr Newton, Seconded Cr Gray

That Council:-

1.       SUPPORTS in principle an Establishment Agreement in the same or similar terms to that dated March 2012 as in Attachment 1 with the inclusion of the alternative Clause 12 as in Attachment 2:

2.       AUTHORISES the Mayor and the Chief Executive Officer to sign the Establishment Agreement under the Common Seal, in the event that the withdrawal and the terms of the withdrawal of the City of Stirling are agreed and finalised;

3.       In addition to 1. and 2. above APPROVES that a Deed of Variation of the Constitution Agreement be created by the Mindarie Regional Council, addressing the sections of the Local Government Act 1960 required in order to enable the withdrawal of the City of Stirling in the event that one of the five remaining constituent municipalities does not resolve to approve the Establishment Agreement detailed in 1. above:

4.       NOTES and SUPPORTS the recommendation (unconfirmed) of the Mindarie Regional Council endorsed on Wednesday 28 March 2012, that:

    “1. The PricewaterhouseCoopers Stage 2 (Report in relation to the City of                        Stirling's withdrawal from the MRC) dated 3 August 2011 be received.

 

      2. The City of Stirling be advised that with respect to the resolution of its     Council of 13 December 2011:

                   a. the offer to withdraw its requirement that any agreement must be                                   accompanied by the City of Stirling ceasing to be a guarantor under the                            Deed of Guarantee with BioVision made on 21 November 2007" is                                  acknowledged;

          b. the offer to accept a payout based on a discount of 25% on the PWC averaged valuation is not accepted.

 

    3. The City of Stirling be advised that the MRC is prepared to negotiate an                        agreement for its withdrawal pursuant to section 699 of the Local Government          Act 1960 on the basis that the City of Stirling:

                   a.  be paid no more than its:

                 (i)      paid-in capital contributions ($840,000); and

                 (ii)     share of the Members Revenue Equalisation Reserve i.e.       unders/overs account ($670,000);

       from current accumulated Mindarie Regional Council funds;

       b. not be released from its liabilities under the Resource Recovery Facility     guarantee to BioVision;

       c. retain its post closure liabilities for the Tamala Park landfill, including but not limited to remediation and rehabilitation on the landfill site and other          lands potentially affected,  in proportion to the tonnes tipped to the total of    members tonnes over the life of the landfill;

       d. retain its ownership share in the land at the Tamala Park landfill site:

       e. should the value of the land assets exceed liabilities post the closure of     the Tamala Park land-fill site, then ten City of Stirling shall receive a portion         of that net asset value proportional to their period as members of the Mindarie Regional Council; and

       f. the outcome of the negotiations be the subject of a separate report to         Council.

 

          4. Council’s resolution is significantly different from that recommended by    officers for the following reasons :

a. The MRC has not raised its fees to the levels used in the PricewaterhouseCoopers (PWC) computations, so the values assumed in those computations will not be achieved.

                   b. The City of Stirling's interest in MRC is an unmarketable minority interest           in a regional council that has little or no commercial value insofar as                                     the interest is incapable of being sold or sold for the PWC value to a                                 purchaser.

       c. The City of Stirling's withdrawal will create diseconomies of scale for the remaining members: the fixed costs of the operations, which are a high      proportion of the total costs, will be spread across fewer local governments         and, consequently, the remaining local governments will pay higher tipping           fees.

                   d. The City of Stirling's withdrawal will result in the substantial operating                         costs of the Resource Recovery Facility being spread across fewer                                     councils, which will suffer an increased financial burden for the life of the                      contract.

e. The City of Stirling has not offered any compensation to the remaining members for the increased tipping fees and RRF costs.

       f. A proposal that the remaining members of MRC intend to enter into a new        Establishment Agreement under which a departing member will be paid        only:

                 (i)      its capital contributions; and

                 (ii)     its share of the Members Revenue Equalisation Reserve (ie unders/overs account)

       suggests that it is fair and equitable that City of Stirling should withdraw on           a similar basis.”; and

 

5.       NOTES that any variations to these base principles of negotiation by the Mindarie Regional Council will be subject to a further report to Council.

 

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                    76


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


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


 

CB12-04/12       Mindarie Regional Council and the Process Associated with the Withdrawal of City of Stirling

File Ref:                                              112V02 – 12/34381

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

This report was amalgamated into report CB11-04/12.

   

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         

 

Moved Cr Mackenzie, Seconded Cr Hayden

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.

Amendment

Moved Cr Newton, Seconded Mayor Roberts

To add point 5.

 

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; and

 

5.   LISTS  an amount of $40,000 for consideration in the draft 2012/2013 Street Landscaping Program for additional landscaping of Ocean Reef Road between Wanneroo Road and Lenore Road.

 

CARRIED UNANIMOUSLY

 

The amendment became the substantive motion.

 

Carried Unanimously

 

Other Matters

IN02-04/12         Request from Eventscorp Western Australia for a Contribution Towards the Provision of a Bus Turnaround Facility at the Barbagallo Raceway

File Ref:                                              2281 – 12/30129

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Moved Cr Cvitan, Seconded Cr Newton

That Council DOES NOT APPROVE a contribution to Eventscorp Western Australia for the construction of a bus turnaround/storage facility area at Barbagallo Raceway beyond the already provided limestone sub base to the site.

 

Carried Unanimously

   


 

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         

 

Moved Cr Cvitan, Seconded Cr Newton

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.

 

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                  104


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

CD02-04/12       Review of Access to Information & Services for People with Disabilities and their Families and Carers Policy

File Ref:                                              4096 – 12/26629

Responsible Officer:                           Director, Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Moved Cr Cvitan, Seconded Cr Newton

That Council ADOPTS the revised Access to Information & Services for People with Disabilities and their Families and Carers Policy as detailed in Attachment 1.

 

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                  136


 


 


 


 

CD03-04/12       RAP Working Group Recommendation to Council

File Ref:                                              6382 – 12/29609

Responsible Officer:                           Director, Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Moved Cr Cvitan, Seconded Cr Newton

That Council ENDORSES the recommendation of the Reconciliation Action Plan Working Group for Administration to arrange translating the definition of Reconciliation into Noongar language for inclusion in the final Reconciliation Action Plan 2012-2014.

Carried Unanimously

 

Communication and Events

CD04-04/12       Civic Functions, Ceremonies and Receptions Policy

File Ref:                                              6193 – 12/27631

Responsible Officer:                           Director, Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Moved Cr Cvitan, Seconded Cr Newton

That Council ADOPTS the revised Civic Functions, Ceremonies and Receptions Policy as outlined in Attachment 1.

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                  141


 


 


 


 


 

Other Matters

Cr Truong declared an impartial interest in Item CD05-04/12 due to being a board member of the Vietnamese Community in Australia/WA Chapter.

 

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         

 

Moved Cr Newton, Seconded Cr Cvitan

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.

lost

4/9

For the motion:           Cr Cvitan, Cr Hewer, Cr Newton and Cr Steffens

Against the motion:   Cr Goodenough, Cr Gray, Cr Driver, Cr Mackenzie, Mayor Roberts, Cr Smithson, Cr Treby, Cr Truong and Cr Hayden

 

Alternative Motion

 

Moved Mayor Roberts, Seconded Cr Goodenough

 

That Council:-

 

1.         AGREES TO NOT SEEK A REFUND from the Vietnamese Community in Australia/WA Chapter of the community funding grant for the 2012 Tet Festival and encourages future festivals to be self supporting through grant funding opportunities external to the City of Wanneroo and entry fee income; and

 

2.         REQUESTS the Chief Executive Officer to prepare a Policy and Funding proposal for consideration by Council at its ordinary meeting in June 2012 that will assist Council in attracting and retaining community based events that whilst requiring an entry fee provide substantial community, business, tourism and economic development benefits such as the Tet Festival.

 

CARRIED UNANIMOUSLY

 

Reason for Alternative Motion

 

The Vietnamese Community in Australia/WA Chapter should be congratulated for growing this local event in a very successful activity that is appreciated and anticipated by people from many different cultural backgrounds.  The City should not penalise the organisation for a misunderstanding that occurred at the time of applying for assistance.

 

   


 

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         

 

Moved Cr Goodenough, Seconded Cr Driver

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.

 

Carried Unanimously


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


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                  149


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                  150


 


 


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                  153


 

Governance

CS02-04/12       Naming of Facilities and Recognition of Outstanding Community Contributions Policy

File Ref:                                              2409 – 12/23528

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Moved Cr Goodenough, Seconded Cr Driver

That Council ADOPTS the revised Naming of Facilities and Recognition of Outstanding Community Contributions Policy as shown in Attachment 1.

 

Carried Unanimously


CITY OF WANNEROO Minutes OF Ordinary Council Meeting 03 April, 2012                                                  155


 


 


 


 


 


 

CS03-04/12       Donations to be Considered by Council - April 2012

File Ref:                                              2855V02 – 12/29910

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Moved Cr Steffens, Seconded Cr Smithson

That Council NOT APPROVE a 100% donation of a waiver of fees in the sum of $4,230.60 for hire of the Margaret Cockman Pavilion from 20 August to 2 September 2012 for storage of approximately 50 postie bikes prior to departure of the Postie Bike Challenge from Perth to Broome.

 

Amendment

 

Moved Cr Newton, Seconded Cr Cvitan

To delete the word “NOT”, replace “100%” with “50%” and replace “$4,230.60” with “$2,115.30”.

That Council NOT APPROVE a 100% 50% donation of a waiver of fees in the sum of $4,230.60 $2,115.30 for hire of the Margaret Cockman Pavilion from 20 August to 2 September 2012 for storage of approximately 50 postie bikes prior to departure of the Postie Bike Challenge from Perth to Broome.

 

carried

12/1

For the motion:           Cr Goodenough, Cr Gray, Cr Cvitan, Cr Driver, Cr Hewer,
Cr Mackenzie, Cr Newton, Mayor  Roberts, Cr Smithson, Cr Steffens, Cr Treby and Cr Truong

Against the motion:   Cr Hayden

 

 

The amendment became the substantive motion.

 

carried

12/1

For the motion:           Cr Goodenough, Cr Gray, Cr Cvitan, Cr Driver, Cr Hewer,
Cr Mackenzie, Cr Newton, Mayor  Roberts, Cr Smithson, Cr Steffens, Cr Treby and Councillor Truong

Against the motion:   Cr Hayden

 

   


 

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       

 

Moved Cr Goodenough, Seconded Cr Newton

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.

 

Carried Unanimously

   

Item  9       Motions on Notice

Nil

Item  10     Urgent Business

Nil

Item  11     Confidential

Moved Cr Hewer, Seconded Cr Hayden

 

That Council now move into a Confidential Session to discuss this item under the terms of the Local Government Act 1995 Section 5.23(2).

 

CARRIED UNANIMOUSLY

 

The meeting was closed to the public and all recording ceased at 8.08pm.

 

Moved Cr Steffens, Seconded Cr Smithson

 

That the meeting be reopened to the public.

 

CARRIED UNANIMOUSLY

 

The meeting was reopened to the public and all recording recommenced at 8.09pm.

Mayor Roberts read aloud the motion.

 

CR01-04/12       WRC Future Directions and Strategic Risk Assessment

File Ref:                                              5642 – 12/26614

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1        

This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(e)(ii)     a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government

 

Moved Cr Gray, Seconded Cr Newton

That Council:-

1.       AGREES IN PRINCIPLE to the establishment of a new joint Agreement with the Cities of Swan and Joondalup to operate the Wangara Facility Materials Recovery Centre post the current Agreement expiry date of 31 December 2014, based on the following key principles:

         a)       The term of the agreement being five years with the option to extend for a further five years;

          b)      That Workers Compensation costs be shared by all parties;

         c)       That the agreement focuses on continuation of the partnership for the purposes of recycling of each City’s domestic commingled recyclables and not be limited to the current facility; and

         d)       That each party agrees that at anytime during the term of the agreement the City of Wanneroo may exit the management of the facility and appoint contract managers via a tender process or undertake processing of their recyclables at another site;

2.       AUTHORISES the Chief Executive Officer and Director City Businesses to negotiate with the Cities of Joondalup and Swan for the establishment of the joint Agreement; and

3.       NOTES that a further report will be presented to Council on the outcome of these negotiations.

Carried Unanimously

 

 

 

 

 

Item  12     Date of Next Meeting

The next Council Briefing Session has been scheduled for 6.00pm on Tuesday, 24 April 2012, to be held at Civic Centre, Dundebar Road, Wanneroo.

Item  13     Closure

There being no further business, the presiding person closed the meeting at 8.10pm.

 

In Attendance

 

TRACEY ROBERTS, JP                            Mayor

 

Councillors:

 

DOT NEWTON, JP                                      Central Ward

FRANK CVITAN, JP                                    Central Ward

RUDI STEFFENS                                        Coastal Ward

BOB SMITHSON                                          Coastal Ward

IAN GOODENOUGH, JP                            Coastal Ward

RUSSELL DRIVER                                     Coastal Ward

NORMAN HEWER                                      North Ward

LAURA GRAY, JP                                       North Ward

ANH TRUONG                                             South Ward

BRETT TREBY                                             South Ward

STUART MACKENZIE                               South Ward

DENIS HAYDEN                                         South Ward