Widening Works at Lenore Road

1.         “The City of Wanneroo’s widening at Lenore Road will cut the electricity supply to the home and marketing gardening family business at 185 Mary Street.  Why is the City of Wanneroo forcing landowners to pay Western Power $49,001 for the reconnection which they cannot afford when the disruption is caused by the City?

2.         Why has the City not speedily processed an offer of advance payment to assist landowners?

3.         Why will the City not openly and transparently disclose their own Western Power brief which would assist landowners to deal with the detail of their own power reconnection particularly how power pole no 298293 is to be dealt with?

4.         Why has the City neither acknowledged nor responded to the letter written by the owners of 185 Mary Street regarding the City’s demolition plans for part of the owner’s premises?”

Response by Director Corporate Strategy & Performance

The City will respond to these questions direct to the landowners as the content of the City’s answers would disclose information about the business, professional, commercial or financial affairs of the landowners and is therefore confidential under clause 5.23(e)(iii) of the Local Government Act 1995.

Item PS03-05/12 – Commercial Development at Lot 19 (20) Clarkson Avenue, Tapping

Representing the landowners of Lots 1 and 132 Wanneroo Road.

1.       During public consultation period, as they were unable to review the applicant’s traffic impact statement, can Council confirm that the statement was based on the latest Main Roads traffic projections for Wanneroo Road and that there will be no requirement for traffic lights in the future assuming no development on Lots 1 and 132?

          Response by Mayor Roberts

          Taken on notice.

          Response by Director Planning and Sustainability

The transport assessment report was based on Main Roads WA’s (MRWA) October        2008 data, which Administration understands to have been current at the time of its preparation. The report and the development application plans were forwarded to MRWA as required under the WAPC’s Instrument of Delegation DEL 2011/02 and supported subsequent to modifications to the design of the proposal and amendments made to the initial version of the report.

The advice provided to Administration and MRWA through the abovementioned report indicates that the intersection will continue to operate satisfactorily and the traffic generated by the proposal would not trigger the need to provide a signalised intersection at Clarkson Avenue and Wanneroo Road. Administration cannot give an assurance that a signalised intersection will not be required within the portion of Wanneroo Road south of Joondalup Drive in the future, although notes that the reasoning for locating a signalised intersection at Clarkson Avenue was to allow for direct access into Lots 1 and 132 Wanneroo Road. Any potential need for traffic lights along Wanneroo Road south of Joondalup Drive in the future will need to be determined by MRWA in consultation with the City.

2.       The landowners of Lots 1 and 132 accept that they will have to provide a contribution to the signal lights intersection, however query why the proposed commercial development at 20 Clarkson Avenue, which would generate a 1048 vehicle movements per peak hour week day/pm peak, wasn’t required to pay a pro rata contribution to the intersection based on the traffic generated from this development which would be fairly easy to determine based on the traffic reports.

          Response by Director Planning and Sustainability

          This question is adequately covered in the relevant section of the officer’s report and was also discussed at the Council Briefing last week and if elected members would like further advice it can be provided.

          Response by Mayor Roberts

          Confirmed, after enquiring, that elected members did not require further information.

3.       Does Council consider it equitable that a commercial development on one side of Wanneroo Road is required to construct a whole intersection while a commercial development on the other side of Wanneroo Road does not have to contribute at all?

          Response by Director Planning and Sustainability

          Suggested that Council’s position on that would be in the affirmative in that that is precisely why Council in its adoption of Structure Plan No. 80 required the provision of a signalised intersection at that location by the owners and developers of Lots 1 and 132 in the Structure Plan No. 80 area.

4.       The Western Australia Planning Commission in considering Structure Plan No. 80 identified that Council should consider cost sharing for the signalised intersection, how can the Council determine this application without considering these arrangements?

          Response by Director Planning and Sustainability

          The Department of Planning staff have advised that a footnote was to be included on the Statutory Planning Committee’s advice in its adoption of Structure Plan No. 80. 

          That does not in itself constitute any kind of amendment or modification to the Structure Plan and therefore does not modify the existing Structure Plan provision that requires the owners of Lot 1 and 132 to provide a signalised intersection at the intersection of Clarkson Avenue and Wanneroo Road.

Moved Cr Goodenough, Seconded Cr Steffens

That the minutes of the Ordinary Council Meeting held on 3 April 2012 be confirmed.

Carried Unanimously

Cr Goodenough presented a petition of five signatories objecting to construction of a two metres wide footpath abutting the kerb along the south side of Palm Corner, Quinns Rocks, however would not object to a 1.5 metres (or less) width path being constructed along the same location, as is presently the case in nearby Lorient Pass, Quinns Rocks.

Response by Mayor Roberts

It is my understanding that there has been a resolution of Council already.

Response by Director Infrastructure

At its meeting of 6 March 2012 Council considered two petitions on the footpath in Palm Court, one objecting to the pathway and one supporting it.  Council resolved to approve the construction of 155 metres of two metres wide concrete footpath in Palm Court.  In accordance with Council’s resolution all the owners and petition coordinators have been advised and the City is currently progressing this project.

That the petition be forwarded to the Infrastructure Directorate for action.

Cr Goodenough presented a petition from 19 residents requesting the withdrawal of 15 parking infringement notices given at the Anthony Waring while approximately 200 young people attended a memorial gathering and there was insufficient parking available.

That the petition be forwarded to the City Businesses Directorate for action.

Cr Steffens presented a further 46 signatures to be added to the petition presented in August 2011 against the current proposed location of mobile towers at 6 Jindalee Boulevard, Jindalee.

That the petition be forwarded to the Planning and Sustainability Directorate for action.

Cr Treby presented a petition of 116 signatories requesting through the Landsdale Residents Association the installation of airconditioning at Warradale Community Centre as a matter of priority.

That the petition be forwarded to the Community Development Directorate for action.

File Ref:                                              5137 – 12/43223

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Goodenough, Seconded Cr Driver

That Council:-

1.       Pursuant to Section 75 of the Planning and Development Act 2005 and Regulation 14(4)(a) of the Town Planning Regulations 1967 ADOPTS the revised Amendment No. 115 to District Planning Scheme No. 2, as contained in Attachment 4, for the purposes of:-

a)      Introducing a new zone titled ‘Smart Growth Community’ zone with corresponding Scheme provisions;

b)      Amending the Scheme Map by rezoning the portions of Lot 10 Marmion Avenue, Jindalee, zoned ‘Urban Development’, ‘Commercial’, ‘Civic and Cultural’, ‘Business – Restricted Use 1.26’, ‘Additional Use 2.1’ and ‘Additional Use 2.2’ to ‘Smart Growth Community’ zone’; and

c)      Zoning the unreserved portion of Lot 3054, Jindalee, ‘Smart Growth Community’ zone’;

d)      Adding a new Schedule 16 to the Scheme relating to the ‘Smart Growth Community’ zone’ with corresponding provisions applying to Lot 10 and portion of Lot 3054 Marmion Avenue, Jindalee;

e)      Deleting ‘Additional Use Zone 1.26’, ‘Restricted Use Zone 2.1’ and ‘Restricted Use Zone 2.2’ from Schedule 2 of the Scheme;

f)       Deleting ‘Jindalee Lot 10 on Plan 12465 (2469) Marmion Avenue 3000m² NLA‘ from Schedule 3 of the Scheme.

2.       Pursuant to Regulation 14(4)(a) of the Town Planning Regulations 1967 FORWARDS the revised Amendment No. 115 to District Planning Scheme No. 2, as contained in Attachment 4, to the Western Australian Planning Commission for its consent to advertise under Regulation 25AA of the Town Planning Regulations 1967; and

3.       Subject to consent to advertise being granted by the Western Australian Planning Commission, ADVERTISES the revised Amendment No. 115 contained in Attachment 4 for public comment pursuant to Regulation 25(2) of the Town Planning Regulations 1967 for a period of 42 days.

Amendment

Moved Cr Smithson, Seconded Cr Steffens

To include the words at the end of recommendation 2 “ and REQUESTS the Commission to grant its consent to advertise the amendment without modification at its next available meeting”.

That Council:-

1.       Pursuant to Section 75 of the Planning and Development Act 2005 and Regulation 14(4)(a) of the Town Planning Regulations 1967 ADOPTS the revised Amendment No. 115 to District Planning Scheme No. 2, as contained in Attachment 4, for the purposes of:-

a)      Introducing a new zone titled ‘Smart Growth Community’ zone with corresponding Scheme provisions;

b)      Amending the Scheme Map by rezoning the portions of Lot 10 Marmion Avenue, Jindalee, zoned ‘Urban Development’, ‘Commercial’, ‘Civic and Cultural’, ‘Business – Restricted Use 1.26’, ‘Additional Use 2.1’ and ‘Additional Use 2.2’ to ‘Smart Growth Community’ zone’; and

c)      Zoning the unreserved portion of Lot 3054, Jindalee, ‘Smart Growth Community’ zone’;

d)      Adding a new Schedule 16 to the Scheme relating to the ‘Smart Growth Community’ zone’ with corresponding provisions applying to Lot 10 and portion of Lot 3054 Marmion Avenue, Jindalee;

e)      Deleting ‘Additional Use Zone 1.26’, ‘Restricted Use Zone 2.1’ and ‘Restricted Use Zone 2.2’ from Schedule 2 of the Scheme;

f)       Deleting ‘Jindalee Lot 10 on Plan 12465 (2469) Marmion Avenue 3000m² NLA‘ from Schedule 3 of the Scheme.

2.       Pursuant to Regulation 14(4)(a) of the Town Planning Regulations 1967 FORWARDS the revised Amendment No. 115 to District Planning Scheme No. 2, as contained in Attachment 4, to the Western Australian Planning Commission for its consent to advertise under Regulation 25AA of the Town Planning Regulations 1967 and REQUESTS the Commission to grant its consent to advertise the amendment without modification at its next available meeting;

3.       Subject to consent to advertise being granted by the Western Australian Planning Commission, ADVERTISES the revised Amendment No. 115 contained in Attachment 4 for public comment pursuant to Regulation 25(2) of the Town Planning Regulations 1967 for a period of 42 days.

CARRIED UNANIMOUSLY

The amendment became the substantive motion.

          CARRIED UNANIMOUSLY

File Ref:                                              DEV11/1501 – 12/22857

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       7         

Recommendation

That Council APPROVES both Development Application 2011/1119 submitted by Van Phu Doan for an Amendment to the Intensive Agriculture land use approved under DA2005/675 on Lot 20 Rousset Road, and, Development Application 2012/33, submitted by Nguyet Thi Doan, for a change of use to Rural Industry on Lot 20 Rousset Road, subject to compliance with the following conditions to the satisfaction of the Manager Planning Implementation:

1.       This approval supersedes the approvals for DA30/2896, DA2005/675, DA2005/484 and DA2007/482;

2.       Unless otherwise approved by Council, the land uses approved by this development application shall cease 10 years from the date of this approval;

3.       The use of areas marked as “A” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Intensive Agriculture’ which states:

“Intensive Agriculture : means any land or buildings used for trade or commercial purposes for the following:

(a)     the production of grapes, vegetables, flowers, exotic and native plants, fruits and nuts (including market gardens); or

(b)     the establishment of and operation of plant and fruit nurseries; or

(c)     the development of land for irrigated fodder product and irrigated pasture (including turf farms).”

4.       The use of areas marked as “B” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Rural Industry’ which states:

          “Industry – rural : means an industry handling, treating, processing or packaging primary products grown, reared or produced in the locality, and a workshop used for the servicing of plant or equipment used for rural purposes in the locality.”

5.       The use of areas marked as “C” on the approved plan shall be used for storage purposes;

6.       The use of areas marked as “D” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Rural Use’ which states:

          “Rural use : means agriculture, horticulture, and may include aquaculture, and includes the raising of livestock and the retail sale of the produce of the property where satisfactory access and parking can be provided, and provided that any processing of the produce prior to sale can take place on site.”

7.       A change of use from the uses approved under conditions 3, 4, 5 and 6 above will require the approval of the City;

8.       The hours of operation for all approved land uses is between 7am and 10pm, seven days per week;

9.       All compost is delivered in sealed packages or in a manner that prevents odour emission to the satisfaction of the City’s Health Services;

10.     Box folding equipment is only to be used for purposes incidental to the land uses approved at Lot 20 Rousset Road, Mariginiup;  and

11.     A minimum of 15 parking bays are provided on site.

MOTION LAPSED FOR WANT OF A MOVER

Procedural Motion

Moved Cr Guise, Seconded Cr Newton

That the Motion be deferred to the June Council Meeting to allow Administration to consider modifications to the conditions.

CARRIED UNANIMOUSLY

File Ref:                                              SD143197 – 12/32339

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Gray, Seconded Cr Hewer

That Council AUTHORISES approval of the retaining walls higher than 3.0 metres and up to 3.7 metres proposed for Lot 122 Capricorn Esplanade, Yanchep (WAPC 143197), as depicted in Attachments 2 and 3.

CARRIED UNANIMOUSLY

File Ref:                                              3042 – 12/30421

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Treby, Seconded Cr Truong

That Council:-

1.       APPROVES the Customer Service Charter as in Attachment 1; and

2.       REPEALS the current Customer Care Plan as in Attachment 2.

CARRIED UNANIMOUSLY

File Ref:                                              2323V03 – 12/40280

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Steffens, Seconded Cr Driver

That Council:-

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

3 Ashcott Gate, Butler,

2 Silverton Avenue, Butler,

2 Earl Court, Merriwa and

41 Walyunga Boulevard, Clarkson

2.       ADVISES that the exemption relating to the four properties in Recommendation 1           is subject to the following specified conditions:

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

          b)      Any barking by the subject dogs is to be kept to a minimum; and

          c)      This exemption may be varied or revoked if any complaints are received which are considered reasonable;

3.       ADVISES all adjoining neighbours of these decisions in relation to all the properties listed in the above recommendations.

CARRIED UNANIMOUSLY

File Ref:                                              1436 – 12/44200

Responsible Officer:                           Director, Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Cvitan, Seconded Cr Newton

That Council:-

1.       NOTES that the Arts Advisory Committee SUPPORTS purchase of the artwork of Wendy Lugg and Glen Hughes under delegated authority by the Chief Executive Officer.

2.       NOTES that the Arts Advisory Committee does NOT RECOMMEND the purchase of the artwork of Stormie Mills. The Arts Development Officer is requested to revisit the availability of other artworks and email images and costs for further consideration by the committee.

3.       NOTES the report documenting Wendy Lugg’s Artist Residency with the City of Wanneroo.

Carried Unanimously

File Ref:                                              6934 – 12/38206

Responsible Officer:                           Director, Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Cvitan, Seconded Cr Newton

That Council:-

1.       APPROVE $1,056 to Cake Decorators Association of WA – Wanneroo Branch via Community Development Funding for Cake decorating classes from 23 July 2012 to 28 September 2012 SUBJECT TO a renewed Public Liability Certificate of Currency being provided;

2.       APPROVE $750 to North Coast Art Club via Community Development funding for “Out of the Ordinary” art exhibition from 20 June 2012 to 2 July 2012;

3.       APPROVE $735.95 (50% of grant requested) to Vikings Softball Club via Community Development funding for the Volunteer Umpire Project from 15 April 2012 to 23 September 2012;

4.       APPROVE $3,000 to Quinns Rocks Environmental group via Community Development funding for the “Living Smart in 6030” course SUBJECT TO a renewed Public Liability Certificate of Currency being provided;

5.       APPROVE $658 (50% of grant requested) to Atlantis Productions via Community Development Funding for the Community Development Schools Program from 25 July 2012 to 31 March 2013;

6.       APPROVE $500 to Mums in Biz via Community Development Funding for the “Search Engine Optimisation (SEO) for Small business” workshop on 4 September 2012;

7.       APPROVE $1,400 to The Badminton Association of WA via Event Sponsorship funding for the WA Badminton State Championships from 30 June 2012 to 1 July 2012;

8.       APPROVE $750 to Yanchep Two Rocks Recreation Association via Event Sponsorship funding for Volunteers Recognition Breakfast on 8 September 2012 SUBJECT TO paperwork being to the satisfaction of the Director Community Development;

9.       APPROVE $1,500 to Carramar Uniting Church via Event Sponsorship funding for Carramar Community Carols on 9 December 2012 SUBJECT TO paperwork being to the satisfaction of the Director Community Development;

10.     APPROVE $1,000 to Naval Association of Australia – Perth North sub-section via Event Sponsorship funding for Navy Day, 4 October 2012 and Remembrance Day, 11 November 2012 SUBJECT TO paperwork being to the satisfaction of the Director Community Development;

11.     APPROVE $850 to Royal Australian Air Force Association (WA Division) via Event Sponsorship funding for the ANZAC Day dawn service & Gunfire Breakfast at Cambrai Village SUBJECT TO paperwork being to the satisfaction of the Director Community Development;

12.     APPROVE $1,200 to the RSL Yanchep/Two Rocks via Event Sponsorship funding for the Vietnam Veterans Day on 18 August 2012 SUBJECT TO a renewed Public Liability Certificate of Currency being provided;

13.     APPROVE $1,000 to the RSL Yanchep/Two Rocks via Event Sponsorship funding for Remembrance Day on 11 November 2012 SUBJECT TO a renewed Public Liability Certificate of Currency being provided;

14.     APPROVE $800 to Landsdale Community Wesleyan Methodist Church via Event Sponsorship funding for Landsdale Community Carols in the Park on 14 December 2012 SUBJECT TO paperwork being to the satisfaction of the Director Community Development;

15.     APPROVE $1,000 to the Quinns Beach Primary School P & C Association via Event Sponsorship funding for Quinns Beach Community Christmas Carols on 18 December 2012;

16.     APPROVE $2,500 to the Whitford Church via Event Sponsorship funding for Somerly Alive, Carols by Candlelight on 9 December 2012;

17.     APPROVE $1,700 to Dream Life Church via Event Sponsorship funding for Carols in the Park on 9 December 2012;

18.     APPROVE $3,000 to Spring in the Grove via Event Sponsorship funding for the 5^th Annual Spring in the Grove on 4 November 2012 SUBJECT TO a renewed Public Liability Certificate of Currency being provided;

19.     APPROVE $2,550 to Quinns Rocks RSL sub branch via Event Sponsorship funding for Remembrance Day Commemorative Service on 11 November 2012 (Deferred from October 2011) SUBJECT TO paperwork being received by the Director Community Development;

20.     APPROVE $550.00 to Yanchep Two Rocks RSL sub branch via Event Sponsorship funding for Merchant Navy Day 3 September 2012 and Battle for Australia Day 5 September 2012 (Deferred from October 2011) SUBJECT TO paperwork being received by the Director Community Development;

21.     APPROVE $2,000.00 to Quinns Rocks RSL sub branch via Event Sponsorship funding for Vietnam Veterans Day Commemorative Service on 18 August 2012 (Deferred from October 2011) SUBJECT TO paperwork being received by the Director Community Development;

22.     TRANSFER $10,000 from Community Funding as seed funding for events that return an economic benefit to the City SUBJECT TO the creation of a new Policy as already resolved by Council; and

23.     REVIEW the Community Funding Policy to ensure provision for ANZAC and other RSL commemorative events to be considered with Hallmark Funding.

Carried UNANIMOUSLY

File Ref:                                              1859 – 12/36170

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Mackenzie, Seconded Cr Hayden

That Council RECEIVES the list of payments drawn for the month of March 2012, as summarised below:-