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BRIEFING PAPERS

FOR ELECTED MEMBERS’

BRIEFING SESSION

 

Draft Only

 

 

 

 

 

to be held at

the Civic Centre

Dundebar Road, Wanneroo

on 06 November, 2012 commencing at 6.00pm


PROCEDURE FOR FULL COUNCIL BRIEFING

PRINCIPLES

A Council Briefing occurs a week prior to the Ordinary Council Meeting and provides an opportunity for Elected Members to ask questions and clarify issues relevant to the specific agenda items before council.  The briefing is not a decision-making forum and the Council has no power to make decisions.  The briefing session will not be used, except in an emergency, as a venue or forum through which to invoke the requirements of the Local Government Act 1995 and call a special meeting of Council.

 

In order to ensure full transparency the meetings will be open to the public to observe the process.  Where matters are of a confidential nature, they will be deferred to the conclusion of the briefing and at that point, the briefing session closed to the public.  The reports provided are the Officers’ professional opinions.  While it is acknowledged that members may raise issues that have not been considered in the formulation of the report and recommendation, it is a basic principle that as part of the briefing sessions Elected Members cannot direct Officers to change their reports or recommendations.

 

PROCESS

The briefing session will commence at 6.00 pm and will be chaired by the Mayor or in his/her absence the Deputy Mayor.  In the absence of both, Councillors will elect a chairperson from amongst those present.  In general, Standing Orders will apply, EXCEPT THAT Members may speak more than once on any item, there is no moving or seconding items, Officers will address the members and the order of business will be as follows:-

 

Members of the public present may observe the process and there is an opportunity at the conclusion of the briefing for a public question time where members may ask questions (no statements) relating only to the business on the agenda.   The agenda will take the form of:

Ø  Attendance and Apologies

Ø  Declarations of Interest

Ø  Reports for discussion

Ø  Tabled Items

Ø  Public Question Time

Ø  Closure

 

Where an interest is involved in relation to an item, the same procedure which applies to Ordinary Council meetings will apply.  It is a breach of the City’s Code of Conduct for an interest to not be declared.  The briefing will consider items on the agenda only and proceed to deal with each item as they appear.  The process will be for the Mayor to call each item number in sequence and ask for questions.  Where there are no questions regarding the item, the briefing will proceed to the next item.

 

AGENDA CONTENTS

While every endeavour is made to ensure that all items to be presented to Council at the Ordinary Council Meeting are included in the briefing papers, it should be noted that there will be occasions when, due to necessity, items will not be ready in time for the briefing session and will go straight to the Full Council agenda as a matter for decision.  Further, there will be occasions when items are TABLED at the briefing rather than the full report being provided in advance.  In these instances, staff will endeavour to include the item on the agenda as a late item, noting that a report will be tabled at the agenda briefing session.

 

AGENDA DISTRIBUTION

The Council Briefing agenda will be distributed to Elected Members on the FRIDAY prior to the Council Briefing session.  Copies will be made available to the libraries and the Internet for interested members of the public.  Spare briefing papers will be available at the briefing session for interested members of the public.

 

DEPUTATIONS

Deputations will generally not be heard prior to the Council Briefing session and are reserved for prior to the Ordinary Council meeting.

 

RECORD OF BRIEFING

The formal record of the Council Briefing session will be limited to notes regarding any agreed action to be taken by staff or Elected Members.  No recommendations will be included and the notes will be retained for reference and are not distributed to Elected Members or the public. 

 

LOCATION

The Council Briefing session will take place in the Council Chamber in the Civic Centre.


 

 

 

Briefing Papers for Tuesday 6 November, 2012

 

 

 

 

CONTENTS

 

Item  1_____ Attendances_ 4

Item  2_____ Apologies and Leave of Absence_ 4

Item  3_____ Reports_ 4

Planning and Sustainability  4

Policies and Studies  4

3.1                         City Water Management Strategy and Local Planning Policy 4.4: Urban Water Management  4

Town Planning Schemes & Structure Plans  85

3.2                         Reconsideration of Council Modifications for the Eglinton Local Structure Plan No. 82  85

3.3                         Agreement of Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53  109

3.4                         Adoption of Amendment No. 3 to the Agreed Structure Plan No. 40  143

3.5                         Agreement of South Yanchep  Local Structure Plan No. 66  165

3.6                         District Planning Scheme No. 2 Amendment No. 115 - Jindee Smart Growth Community  180

Development Applications  262

3.7                         Reconsideration of Development Application - Four Light/Security Poles - Lot 1378 (6) Jindalee Boulevard, Jindalee  262

Other Matters  267

3.8                         Appointment of Community Representatives to the Environmental Advisory Committee and Amendment to the Terms of Reference  267

3.9                         Small Business Centre North West Metro Funding 2012/13  276

City Businesses  287

Regulatory Services  287

3.10                      Application To Keep More Than Two Dogs  287

Property  293

3.11                      Proposed Sub-Lease of Jindalee Beach Kiosk, Crown Reserve 20561, Jindalee  293

3.12                      Proposed Lease to Andrew Chai over a portion of Crown Reserve 44878, Kingsway Indoor Stadium, 130 Kingsway, Madeley  299

3.13                      Proposed Excision and Purchase of a portion of Crown Reserve 45553, Hidden Valley Park, Clarkson  305

3.14                      Proposed Lease to Wanneroo Agricultural Society (Inc) over a portion of the Wanneroo Showgrounds, Crown Reserve 12990, Wanneroo  313

Infrastructure  318

Infrastructure Projects  318

3.15                      Flynn Drive Realignment & Upgrade (Wanneroo Road to Tranquil Drive, Neerabup) – Public Notice  318

Tenders  323

3.16                      Tender No. 01222 for Supply and Installation of Rubberised Speed Cushions  323

Traffic Management  334

3.17                      Brady Street, Wangara - Prevent Right Turn Movements Onto Ocean Reef Road  334

3.18                      Kent Road, Marangaroo - Parking Prohibitions  339

3.19                      2012/2013 Pathways (Road Reserve) Program - Budget Variation  343

3.20                      Gnangara Road, Madeley - Speed Zoning Review - Community Consultation  347

3.21                      Atley Pass, Carramar - Road Closure Proposal - Community Consultation  357

Other Matters  365

3.22                      Review of Two Rocks and Quinns Beach Coastal Management  365

Community Development  373

Corporate Strategy & Performance  373

Finance  373

3.23                      2011/2012 Audited Financial Report for the City of Wanneroo  373

3.24                      Warrant of Payments for the Period To 31 October 2012  437

Governance  506

3.25                      Annual Report 2011/2012  506

3.26                      Donations to be Considered by Council - November 2012  532

Chief Executive Office  538

Office of the CEO Reports  538

3.27                      Draft Strategic Community Plan  538

Item  4_____ Motions on Notice_ 569

4.1                         Cr Dot Newton – Request Waiver of Fees for Lions Club and Northern Suburbs Stroke Support Group  569

Item  5_____ To Be Tabled at the Briefing_ 571

5.1                         Vehicle Turning Movements from Kakadu Drive onto Yanchep Beach Road, Yanchep  571

5.2                         Future Redevelopment of Quinns Rocks Caravan Park  571

5.3                         Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights  571

5.4                         Financial Activity Statement for the Period Ended 30 September 2012  571

Item  6_____ Public Question Time_ 571

Item  7_____ Confidential_ 571

7.1                         Legal Report - Lot 20 (69) Rousset Road, Mariginiup - Reconsideration  571

7.2                         Tenancy Issues Related to the Quinns Rocks Caravan Park  571

Item  8_____ Date of Next Meeting_ 571

Item  9_____ Closure_ 571

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                           5

Draft

Agenda

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Reports

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

Planning and Sustainability

Policies and Studies

3.1    City Water Management Strategy and Local Planning Policy 4.4: Urban Water Management

File Ref:                                              5200 – 12/113993

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider final adoption of Local Planning Policy 4.4: Urban Water Management (LPP 4.4) following public consultation and agree that the draft City Water Management Strategy (CWMS) no longer be progressed.

 

Background

On 19 October 2010 (Item PS03-10/10) Council resolved to endorse the draft CWMS and LPP 4.4 for the purpose of advertising for public comment.

 

The CWMS and LPP 4.4 were prepared to better incorporate Water Sensitive Urban Design (WSUD) principles into the City’s planning and development approval processes.

 

The CWMS in its advertised format was divided into two volumes. Volume 1 detailed the hydrogeological environment of the City, identified seven water planning precincts and outlined key issues, strategies and implementation frameworks for these precincts. Volume 2 incorporated a WSUD Engineering Toolbox providing a suite of engineering drawings based on WSUD principles, for use by the City and developers alike.

 

LPP 4.4 acts as an implementation mechanism for the WSUD principles outlined in the CWMS at each stage of the planning and development process, from district structure planning, local structure planning, scheme amendments, subdivision and detailed area plans to individual development applications.

 

The draft CWMS and associated LPP 4.4 were advertised for public comment during November and December 2010. The delay in referring this matter back to Council for determination has been due to several factors, including:

 

 

 

·        The resignation of and in ability to replace key City staff responsible for overseeing this project;

·        Inability to convene an Environmental Advisory Committee (EAC) meeting to discuss this project;

·        The complexity of some of the submissions received during advertising; and

·        Administration's re-evaluation of the scope and direction of this project.

 

The feedback received during the public advertising period and Administration's recommended changes to LPP 4.4 were presented to the members of the EAC at its meeting on 25 September 2012. As a quorum was not obtained at that EAC meeting, it was not possible for members to adopt a formal recommendation on this matter. However, the EAC members present at that meeting were in unanimous agreement with Administration's recommended approach to LPP 4.4 and the CWMS, as outlined in this report.

Detail

Ten submissions relating to both the CWMS and LPP 4.4 were received during advertising, which mostly relate to technical and processing issues. A summary of these submissions, including Administration's responses to the issues raised, is included as Attachment 1. The submissions on the CWMS have been included within the submission table contained in Attachment 1 primarily for information purposes, as Administration is now recommending that the CWMS not be pursued to finalisation, for the reasons outlined in the 'Comment' section of this report. However, one comment on the CWMS was still considered applicable to LPP 4.4 and this is noted within the submission table.

 

Administration is proposing several changes to LPP 4.4 in response to submissions received and following further review of the draft policy and CWMS by Administration. A summary of Administration's further review and recommended changes to the LPP 4.4 is included as Attachment 2. A copy of the advertised version of LPP 4.4 is included as Attachment 3 while a revised version of the policy, incorporating all of Administration's recommended changes (including changes recommended in response to submissions received during advertising), is included as Attachment 3.

 

The key issues raised by submitters are discussed below:

 

Flood Risk Assessment

 

Three submitters raised concern with the requirement in paragraph 2.2 of the advertised version of LPP 4.4 for a risk assessment for up to a 500 year Average Recurrence Interval (ARI) flood event at trapped lows to be completed to determine the potential impact to human habitation in high density zones or adjacent to critical infrastructure. On reflection, Administration agrees that this requirement is onerous and far in excess of the industry standard requirement for a 1 in 100 year ARI risk assessment. Particularly when considering that the engineering design life of most infrastructure is significantly less than 500 years and it would be difficult to reliably model the scale or impact of such a dramatic and infrequent flood event (as a 1 in 500 year event).

 

The "Flooding" Objective in Table 1 of the updated version of LPP 4.4 has been reworded to read: “Provide protection to life and property from flooding that would occur in a 100 year Average Recurrence Interval (ARI) flood event and assess the impact of larger events at trapped lows adjacent to human habitation, in high density zones or adjacent to critical infrastructure.”

 

Local Water Management Strategy (LWMS) approval prior to lodgement of subdivision applications

 

The advertised version of LPP 4.4 requires that LWMSs are approved prior to lodgement of subdivision applications. Three submitters raised this as an issue as it is perceived that the requirement will cause delays in the planning approvals process. Administration disagrees that this increases the time taken to obtain planning approvals but instead will make more detailed planning decisions easier and quicker. No change is proposed to LPP 4.4 in response to these comments, as this policy provision reflects established City practice, and is reinforced by both the City’s Local Planning Policy 4.2: Structure Planning and the Western Australian Planning Commission's (WAPC's) Better Urban Water Management Guidelines.

 

Requirement to prepare and implement Landscaping Plans prior to subdivision clearances

 

Seven submitters raised concerns regarding the requirement of the advertised version of LPP 4.4 to prepare and implement a landscaping plan as a condition of subdivision. It is agreed that landscaping should follow civil construction works and that this requirement is not feasible. It is proposed to require a Landscaping Plan for proposed public open space as a condition of subdivision, with implementation required prior to handover of public open space and drainage infrastructure in the updated version of LPP 4.4.

 

Table 2, Section 4, A3 of the updated version of LPP 4.4 has been modified to read: "Landscaping Plans shall be required as conditions of subdivision and/or development approval", and Table 2, Section 4, C8 of the updated version of LPP 4.4 has been modified to read: "The City will check compliance with the approved Landscaping Plan prior to handover of public open space".

 

Earthworks approval not being supported without conditional subdivision approval

 

Six submitters raised concern with the requirement for conditional subdivision approval to be received prior to the approval of earthworks. Although it is the City’s preference that earthworks approval not be issued until subdivision approval has been obtained, it is accepted that there may be instances where earthworks approval is required prior to subdivision. These situations will be determined at the discretion of the City.

 

Table 2, Section 4, B15 of the updated version of LPP 4.4 reads: "The City's standard position, as outlined in LPP 4.2, is that the City will not approve earthworks until the related subdivision has conditional approval. The City may, however, approve earthworks where a Structure Plan has been adopted and endorsed by the City and WAPC and the earthworks will not prejudice future development outcomes".

 

Use of high Phosphorous Retention Index (PRI) soils

 

Section 7.4, point 17 of the CWMS states that clean fill imported into sites is to have the capacity to reduce phosphorous export via leaching. Three submitters were concerned with this aspect of the draft CWMS and suggested that the use of high PRI soils should only be incorporated into bio-retention swales where maximum efficiency can be achieved to ensure that the requirement does not become overly onerous. It is agreed that there may be circumstances that do not require high PRI soils to be used. As the City is proposing not to progress the CWMS a provision has been included in the updated version of LPP 4.4 that addresses the use of high PRI soils.

 


 

 

Table 2, Section 4, B9 in the updated version of LPP 4.4 has been modified to include the following wording: "High Phosphorous Retention Index (PRI) soils are required to be incorporated into bio-retention swales and public open space (where it is not to be used for the purpose of conservation) to reduce phosphorous export via leaching, while also meeting soil permeability and soil compaction criteria specified by the City of Wanneroo”.

Consultation

The development of the draft CWMS and LPP 4.4 was based on a number of technical stakeholder workshops, including representation from relevant City of Wanneroo service units, State Government agencies (Department of Water, Department of Planning and the Department of Health), Water Corporation and key developers active in the City.

 

The CWMS and LPP 4.4 were advertised for public comment in November and December 2010, in accordance with Council’s resolution of 19 October 2010.

 

The outcomes and implications of advertising were presented to the members of the EAC at a meeting on 25 September 2012.

Comment

CWMS

 

The predominant focus of the advertised draft CWMS was on achieving WSUD and in this regard it has served its primary purpose of informing the preparation of LPP 4.4. The three key strategies of the draft CWMS include:

 

1.       Implementing programs to increase efficiency in irrigation of new and existing public open space;

2.       Establishing working groups with relevant stakeholders to address key water issues and identifying opportunities for alternative water sources in new development areas, such as use of recycled water from the Alkimos Wastewater Treatment Plan; and

3.       Ensuring district and local water management planning is undertaken for new development areas.

 

The first strategy above has effectively been achieved by Council's adoption (at its 19 October 2010 meeting; Item PS02-10/10) and subsequent implementation of LPP 4.3: Public Open Space and the City's Water Conservation Plan (adopted by Council on 7 February 2012 (Item IN04-02/12).

 

In response to the second strategy above, the City has carried out detailed water demand planning for the Northern Coastal Growth Corridor (Alkimos to Two Rocks) and has presented the same to the Minister for Water and senior staff from the Department of Water. A working group of senior City and Department of Water staff has subsequently been established to develop a strategy for securing the water sources needed to meet future public demand in that corridor. These discussions have been informed by Council's responses to:

·        Draft Gnangara Sustainability Strategy (2009) (Item PS07-08/09);

·        Department of Water's Discussion Paper: Review of First-In-First Served Policy Regarding Assessment of Water Licence Applications (2011) (Item PS01-10/11);

·        Proposed Alkimos Eglinton Non-Drinking Water Scheme (2011) (Item PS02-11/11).

 

In addition to the above, the City is in discussions with the Water Corporation regarding its Beenyup Waste Water Treatment Plant Groundwater Replenishment Trial and the potential for a similar approach to be pursued for the Alkimos Waste Water Treatment Plant.

 

The third strategy above will be effectively achieved through implementation of LPP 4.4, in addition to implementation of the water management provisions contained in LPP 4.2: Structure Planning, which has been in place since October 2010.

 

In addition to the fact that the key strategies of the CWMS have now all effectively been achieved, Administration considers that the Local Government Integrated Planning Framework (IPF) presents an ideal opportunity to further embed the findings and principles of the CWMS into other (non-planning related) aspects of the City's operations. The environment (and water) is a key pillar of Council's current Strategic Plan and this is expected to still be the case in the Strategic Community Plan (SCP) when it is prepared as part of the IPF, thus creating ample opportunity to translate the information contained in the CWMS into strategies and actions under the SCP or the City's supplementary Corporate Business Plan.

 

None of the important work contained in the CWMS will be lost just because the CWMS in itself is no longer intended to be finalised. This is the case because the key strategies of the CWMS have now been achieved; the findings and principles of the CWMS have been embedded in the revised version of LPP 4.4; and aspects of the CWMS that are not otherwise embedded in LPP 4.4 will be incorporated in strategies and/or actions of the Strategic Community Plan and Corporate Business Plan, undertaken as part of the IPF.

 

LPP 4.4

 

The updated version of LPP 4.4 has been prepared having regard to the position Council has adopted over time on various aspects of water resource management. This includes Council's responses to:

·        Draft Gnangara Sustainability Strategy (2009) (item PS07-08/09);

·        Department of Water's Discussion Paper: Review of First-In-First)Served Policy Regarding Assessment of Water Licence Applications (2011) (item PS01-10/11);

·        Draft Directions 2031 and Beyond (2009) (item PS05-08/09);

·        Draft East Wanneroo Structure Plan (2009) (item PS05-12/09); and

·        Final East Wanneroo Structure Plan (2011) (item PS09-04/11).

 

The advertised version of LPP 4.4 was prepared in 2010 and its provisions do not clearly enough align with the various stages of the planning and development process. Therefore, to increase the effectiveness and application of the policy, its provisions have been restructured to more clearly relate to specific stages of the planning and development process. This is also consistent with the format of other local planning policies adopted by Council since LPP 4.4 was first drafted.

 

Apart from the change in format of LPP 4.4, the content has remained largely unaltered, with the exception of modifications made in response to submissions received during advertising and following Administration's further review of the draft policy and CWMS.

 

It is recommended that LPP 4.4 be finally endorsed by Council to ensure that WSUD principles are more consistently applied throughout the planning and development process. Endorsement of LPP 4.4 will enable the City to further embed its commitment to WSUD into its decision-making processes, in order to ultimately improve stormwater management across the City.

Statutory Compliance

In accordance with Clause 8.11.3.1(c) of the DPS 2, Council is required to review the draft Policy in light of any submissions made and must then resolve either to finally adopt the draft Policy with or without modification, or not to proceed with the draft Policy.

 

In accordance with Clauses 8.11.3.1(d) and 8.11.3.1(e), should Council resolve to finally adopt the revised draft Policy, notification of the final adoption must be published once in a newspaper circulating in the District and a copy of the Policy forwarded to the Western Australian Planning Commission for its information.

 

Administration does not consider it necessary to re-advertise LPP 4.4 in its revised form, because the changes made to the advertised version of the policy have been made in response to submissions received during advertising, or by Administration to better incorporate the CWMS in the policy and to improve the policy's formatting and ease of application. The changes proposed to the draft policy do not substantially or materially depart from the advertised version of the draft policy and do not impose (for the development industry) any more stringent requirements than were contained in the advertised draft policy.

Strategic Implications

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

 “1     Environment

1.2    Protect, conserve and recycle water

Policy Implications

LPP 4.4 will contribute to the implementation of Council’s Local Environmental Plan 2009-2014, particularly Objective 3.1 – Achieve development in tune with the local environment. LPP 4.4 will also supplement LPP 4.2: Structure Planning and LPP 4.3: Public Open Space.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the submissions received in respect of the draft City Water Management Strategy and Local Planning Policy 4.4: Urban Water Management and ENDORSES the responses to those submissions prepared by Administration included in Attachment 1;

2.       Pursuant to Clause 8.11.3.1(c) of District Planning Scheme No. 2 ADOPTS the revised draft Local Planning Policy 4.4: Urban Water Management included in Attachment 4;


 

 

3.       Pursuant to Clauses 8.11.3.1(d) and 8.11.3.1(e) of District Planning Scheme No. 2 PUBLISHES notice of its adoption of Local Planning Policy 4.4: Urban Water Management in the Wanneroo Times and North Coast Times community newspapers, INFORMS those persons who made submissions of Council's decision and FORWARDS a copy of the adopted Policy to the Western Australian Planning Commission for its information; and

4.       NOTES that the key strategic directions of the draft City Water Management Strategy have been embedded in Local Planning Policy 4.4: Urban Water Management included as Attachment 4, and will otherwise be addressed through implementation of the (future) Strategic Community Plan and Corporate Business Plan, and therefore NOTES that the City Water Management Strategy will no longer be progressed.

 

Attachments:

1View.

Attachment 1 - Summary of Submissions

12/112547

Minuted

2View.

Attachment 2 - Additional Changes Recommended by Administration

12/133502

 

3View.

Attachment 3 - Advertised LPP 4.4

12/112552

 

4View.

Attachment 4 - Updated LPP 4.4

12/115307

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                         12


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


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Town Planning Schemes & Structure Plans

3.2    Reconsideration of Council Modifications for the Eglinton Local Structure Plan No. 82

File Ref:                                              3718 – 12/132099

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider further modifications to the draft Eglinton Local Structure Plan No. 82 (LSP 82) in order to determine the Structure Plan's acceptability for agreement.

 

Applicant

Development Planning Strategies

Owner

Eglinton Estates and Oceanscapes Alliance

Location

Lot 1007 (317) Pipidinny Road, Eglinton;

Lot 9500 (405) Pipidinny Road, Eglinton; and

Lot 2 (3100) Marmion Avenue, Eglinton

Site Area

Approximately 633 Hectares

MRS Zoning

Urban, Primary Regional Roads, Other Regional Roads, Parks and Recreation

DPS 2 Zoning

Urban Development, Primary Regional Roads, Other Regional Roads, Parks and Recreation

 

 

Background

Council, at its meeting of 8 February 2011 (Item PS01-02/11), considered draft LSP 82 after the close of public advertising and resolved that it was satisfactory, subject to modifications, and that it be referred to the Western Australian Planning Commission (WAPC) for adoption. The applicant modified LSP 82 in accordance with Council's decision (refer Attachment 1) and on 11 February 2011 the City forwarded LSP 82 to the WAPC. The WAPC advised the City in its correspondence received in December 2011 that it had resolved to adopt the draft LSP 82 subject to a number of modifications.

 

Council last considered this matter at its meeting of 3 April 2012 (Item PS04-04/12) and resolved that LSP 82 is satisfactory subject to the WAPC's modifications being made (as included in Attachment 2). Following this Council meeting, the proponent has questioned the wording and relevance of a number of modifications required by Council's 8 February 2011 decision.  Administration has discussed these matters with the proponent and is supportive of making further changes to LSP 82 prior to it being finally adopted.

Detail

The proponent and Administration have agreed that seven of the modifications previously recommended by Administration and subsequently required by Council through its 8 February 2011 and 3 April 2012 resolutions, warrant reconsideration.  A summary of these seven modifications is provided below (using the same modification numbering from Council's February 2011 decision):

 

·        No. 9.5 – Changing the requirements for a dedicated bus lane to be provided at all major junctions and bus stops as part of the Special Transit System (STS);

·        No 11.10 – Replacing the need for roundabouts at all four way intersections with the requirements for traffic control to be provided as appropriate;

·        No 15.11 –  Delete the modification requiring indicative public open space (POS) sites less than 5000m2 to demonstrate how the requirements of the City's Public Open Space Local Planning Policy is met, as this will automatically occur through the subdivision process;

·        No 15.19 – Replace the term 'neighbourhood facility' with 'neighbourhood level' within the Community Development Plan (appendix 7) to ensure the document reads correctly;

·        No 15.22 – Delete the modification requiring POS surrounding Pipidinny Lake as Pipidinny Lake is not located within the Structure Plan Area;

·        No 15.33 – Delete the modification to amend the objectives within the statutory Part 1 as these have been deleted through WAPC modification 6 (refer Attachment 2); and

·        No 15.47 – Delete the modification requiring a connection between proposed precinct 4 and precinct 6 as this has been provided immediately south of the LSP area and is covered by Council's previous modification 15.20, which has been completed.

 

Administration has reviewed the matters raised by the proponent and considers that they are all of a minor nature and do not significantly or materially depart from the advertised version of LSP 82 or the version last agreed by Council.  Attachment 3 lists each of the seven original modifications required by Council, the changes now being proposed and Administration’s comment on each. 

 

Comment

 

The revised modifications have arisen due to a number of factors including, but not limited to:

 

·        The modifications required are too specific and do not enable performance based outcomes to be considered; 

·        The modifications required have been superseded by other modifications;

·        Minor editorial modifications will ensure the modifications provide for optimum planning outcomes; and

·        The information required by the modification will either be required at or not known until a later stage of the planning process.

Statutory Compliance

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

 

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

 

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

 

a)      refuse to adopt the Structure Plan; or

 

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

 

It is recommended that LSP 82 be deemed satisfactory subject to the additional modifications outlined in Attachment 3.

 

 

Strategic Implications

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

 “1     Environment

1.4    Improve the quality of the built environment

Policy Implications

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

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Further to its decision of 8 February 2011 (Item PS01-02/11) and 3 April 2012 (Item PS04-04/12), RESOLVES pursuant to Clause 9.6.1 of District Planning Scheme No. 2 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 1 is satisfactory subject to the additional modifications recommended in Attachment 3 being made to the satisfaction of the Director, Planning and Sustainability, in addition to the modifications recommended in Attachment 2, except to the extent of any inconsistency in which case the modifications contained in Attachment 3 shall prevail;

2.       Pursuant to Clause 9.4.1 of District Planning Scheme No. 2 WAIVES the requirement for re-advertising of the additional modifications required to the Eglinton Local Structure Plan No. 82 in accordance with 1 above, as the modifications are considered to be of a minor nature and do not materially or substantially alter the purpose or intent of the advertised version of the Eglinton Local Structure 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;  and

3.       Pursuant to Clause 9.6.5 of District Planning Scheme No. 2, ADOPTS the modified Eglinton Local Structure Plan N o. 82 included as Attachment 1, once modified in accordance with 1 above, AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the document and FORWARDS the structure plan to the Western Australian Planning Commission for its adoption and certification.

 

Attachments:

1View.

Part 1 Text from Administration

12/27609

Minuted

2View.

Administrations comments on WAPC modifications

12/28367

Minuted

3View.

Revision modifications and Administrations reccommendation and comment

12/133590

Minuted

  



 


 


 


 


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       102


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       107

 


 

3.3    Agreement of Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53

File Ref:                                              3395 – 12/110442

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil.

Attachments:                                       4         

 

Issue

To consider further modifications to the draft Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53 (LSP 53) which have been required by the Western Australian Planning Commission (WAPC), with a view to determining a formal Council position on these modifications and the Structure Plan’s acceptability for agreement.

 

Applicant

Landvision Pty Ltd

Owner

Kincardine Holdings Pty Ltd

Location

Lot 202 Breakwater Drive, Two Rocks

Site Area

232 hectares

MRS Zoning

Rural

DPS 2 Zoning

Rural Community

 

 

Background

The LSP 53 area is zoned 'Rural Community' under DPS 2 and is located in northern Two Rocks, approximately 2 kilometres west of Wanneroo Road and immediately west of the future Mitchell Freeway Reserve. The subject site has been primarily utilised in the past for low intensity cattle grazing. The topography of the land is undulating and most of the site has been cleared for the purpose of grazing. Remnant patches of native vegetation remain across the property, varying in density and structure. In addition, many mature Tuart trees are present throughout the site. The LSP 53 area also includes areas of karst formations and landscapes.

 

The draft LSP 53 makes provision for 169 rural living lots at a minimum size of 1 hectare, with areas of public open space located to protect locally significant vegetation as well as a recorded Aboriginal Heritage site. The draft Structure Plan also provides for a Bush Fire Brigade site in conjunction with peripheral strategic fire-breaks, which include emergency access tracks and fencing interfacing with Regional Open Space on the eastern and southern boundary of the site.

 

Council, at its meeting of 10 March 2009, considered the draft LSP 53, submitted by Landvision Pty Ltd (the applicant) on behalf of Kincardine Holdings Pty Ltd, and resolved that it was satisfactory subject to a number of modifications (Item PD04-03/09). The applicant made the required modifications and on 14 July 2009, the modified version of LSP 53 was forwarded to the WAPC for its adoption and certification. The Part 1 Statutory Section of the version of LSP 53 (February 2009), which was forwarded to the WAPC, is included as Attachment 1.

 

On 25 November 2009, the WAPC wrote to the City and advised that the WAPC had resolved to adopt the modified version of LSP 53 (February 2009), subject to a number of modifications. At the same time, the WAPC also granted approval to subdivide the Structure Plan area (WAPC Ref. No. 139757, refer Attachment 2).


 

 

However, the subdivision approved by the WAPC (Attachment 2) was not consistent with the version of LSP 53 adopted by the WAPC (see the Structure Plan map included in Attachment 1), and this inconsistency was not required to be corrected by any of the modifications required at that time (November 2009) by the WAPC to LSP 53.

 

Almost two years later, in August 2011, the WAPC resolved to require further modifications to LSP 53, due to the fact that the subdivision approved by the WAPC was inconsistent with the version of LSP 53 originally adopted by the WAPC. A list of the modifications required by the WAPC along with Administration's comment and recommendation on each is included in a schedule of modifications contained in Attachment 3.  More than one year later, on 12 September 2012, the applicant submitted a further revised version of LSP 53 (September 2012), included as Attachment 4, to the City for its consideration under Clause 9.4 of District Planning Scheme No. 2 (DPS 2) and in response to the additional modifications required by the WAPC.

Detail

The WAPC's modifications require the LSP 53 Structure Plan map to be replaced to reflect the approved subdivision plan included as Attachment 2, together with additional minor editorial modifications to be made to LSP 53. Administration considers that all of the modifications required by the WAPC (included in Attachment 3) are of a minor nature and do not significantly or materially depart from the advertised version of LSP 53. Administration’s comments and recommendations relating to these modifications are discussed in the Comment Section below.

Comment

Consistency with Subdivision Approval

 

Following the WAPC's approval of subdivision 139757, the developer commenced subdivision of Lot 202 in stages. Thus far only the north eastern portion of the LSP 53 area has been subdivided, including the creation of the Bush Fire Brigade site. Single houses have now also been constructed on some of the lots. Considering this, and the minor differences between the version of LSP 53 previously advertised and adopted by Council and the subdivision approved by the WAPC, it is appropriate for the Structure Plan to be further modified to bring it into accordance with the approved subdivision.

 

Karst Risk

 

The LSP 53 area lies within a zone that contains karst features. An extensive technical report on site geology as well as a Karst Landform Management Plan were compiled for the LSP 53 area and are included as attachments to the Structure Plan. These documents identified karst risk in the western portion to the LSP 53 area and required strategies to address this risk, including further detailed investigations, in the form of ground penetrating radar surveys, in the building envelopes of lots in this western area.

 

One of the editorial modifications required by the WAPC related to inconsistencies between the lots required to have ground penetrating radar surveys in the Part 1 Statutory Section compared to those lots identified as having karst risk and needing these surveys in the Part 2 Explanatory Section. The Part 1 Statutory Section required an additional 15 lots to have ground penetrating radar surveys as compared to those identified in Part 2. The WAPC required these additional lots to also be identified for these surveys in the Part 2 Explanatory Section. The applicant explained that these additional lots occurred on the boundary of the karst risk area and were required to have ground penetrating radar surveys to ensure no localised karst features were missed.

 

 

 

When this matter was considered in detail by Administration, it was noted that there were additional lots on the boundary of the karst risk area and that ground penetrating radar surveys were not required for these lots. For example proposed Lot 124, shown on the Structure Plan map included in Attachment 1, is surrounded by karst risk area and lots which required ground penetrating radar. As a result, the applicant has conducted further investigations and has recommended that an additional 15 lots, including Lot 124, be required to have ground penetrating radar surveys over their building envelopes prior to construction occurring, to ensure no localised extensions of the karst risk area extend to these lots. The additional lots requiring ground penetrating radar are included on the revised Structure Plan map included in Attachment 4. As none of these lots are yet to be created or sold, the requirement to undertake ground penetrating radar surveys on this land will not detrimentally or unfairly affect recent purchasers of land in the subdivision area.

 

Fire Breaks

 

In addition to the WAPC's required modifications, Administration has also noted that the Part 1 Statutory Section, under subclause 2.4.2 a) states that the residents' responsibilities are to "Maintain 3 metres wide and 3 metres high clear of all flammable material around the inside of the boundaries of the lot which must be kept clear between 30 November and 31 May." This provision was initially included in the draft Structure Plan when it was first lodged and advertised in 2008. The City now requires fire breaks to be maintained all year round. In addition there are minor editorial issues with this provision and consequently it is recommended that this provision be replaced to state that residents' responsibilities are to:

 

"Maintain 3 metres wide and 3 metres high firebreaks clear of all flammable material around the inside of the boundaries of the lot all year round."

 

As this recommended modification is consistent with the City of Wanneroo's current requirements, it will not detrimentally or unfairly affect owners in the LSP 53 area.

 

Conclusion

 

The applicant has made the modifications required by the WAPC, and has also modified the draft LSP 53 (September 2012) to include a revised Karst Landform Management Plan and require additional 15 lots to be subject to ground penetrating radar surveys over their building envelopes prior to construction. However, Administration's recommendation to replace the fire break provision included in subclause 2.4.2 a) has not been included in this modified version of LSP 53 (September 2012). It is therefore recommended that LSP 53 (September 2012), included as Attachment 4, be considered satisfactory subject to subclause 2.4.2 a) of the Part 1 Statutory Section being replaced to state as follows:

 

"Maintain 3 metres wide and 3 metres high firebreaks clear of all flammable material around the inside of the boundaries of the lot all year round."

 

Given that LSP 53 has already been advertised and that the modifications do not significantly or materially affect the intent of the Structure Plan it is considered unnecessary for the Structure Plan to be readvertised for public comment.

Statutory Compliance

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


 

 

 

The applicant has made the modifications required by the WAPC, as outlined in Attachment 3, and resubmitted the modified Structure Plan for consideration under Clause 9.4.

 

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

 

Following this, Council must consider the structure plan under Clause 9.6 and do one or other of the following:

 

a)      refuse to adopt the Structure Plan; or

 

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

 

It is recommended that modified version of LSP 53 (September 2012) be deemed satisfactory and that readvertising be waived.

Strategic Implications

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

 “1     Environment

1.3    Minimise impact of development on the environment

 

2     Social

2.1     Increase choice and quality of neighbourhood and lifestyle."

Policy Implications

The modified LSP 53 has been assessed in accordance with the provisions of the City's Local Planning Policy 4.2: Structure Planning (LPP 4.2).

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Pursuant to Clauses 9.4.1, 9.6.1 and 9.6.3 (c) of District Planning Scheme No. 2, RESOLVES that the draft Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53 (September 2012) included as Attachment 4, submitted by Landvision Pty Ltd on behalf of Kincardine Holdings Pty Ltd, incorporating the modifications required by the Western Australian Planning Commission (as detailed in Attachment 3), is SATISFACTORY subject to subclause 2.4.2 a) of the Part 1 Statutory Section being replaced with the following:

 

 

"Maintain 3 metres wide and 3 metres high firebreaks clear of all flammable material around the inside of the boundaries of the lot all year round."

to the satisfaction of the Director Planning and Sustainability;

2.       Pursuant to Clause 9.4.1 (a) of District Planning Scheme No. 2, WAIVES the requirement for further public advertising of the draft Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53 (September 2012 included as Attachment 4) as the modifications made are minor in nature and do not materially alter the intent of the Structure Plan, as previously advertised for public comment; and

3.       Pursuant to Clause 9.6.5 of District Planning Scheme No. 2 ADOPTS the Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53 (September 2012 included as Attachment 4), once modified in accordance with 1. above and AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the structure plan documents accordingly.

 

 

Attachments:

1View.

LSP 53 - Attach 1 Part 1 of LSP 53 (February 2009) sent to WAPC after advertising

12/125872

 

2View.

LSP 53 Attach 2 - WAPC subdivison approval 139757

12/110668

 

3View.

LSP 53 - Attach 3 Schedule of Modifications required by the WAPC and Administrations comment and recommendation on each

12/111017

Minuted

4View.

LSP 53 - Attachment 4 Part 1 Statutory Section LSP 53 (Sept 2012)

12/125874

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   115


 


 


 


 


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   127


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   129


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   131


 


 


 


 


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       144

3.4    Adoption of Amendment No. 3 to the Agreed Structure Plan No. 40

File Ref:                                              2942-3 – 12/110526

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider submissions received during public advertising of Amendment No. 3 to Agreed Structure Plan No. 40 (ASP 40) and adoption of this amendment.

 

Applicant

CLE Town Planning and Design

Owner

Australand Industrial No. 140 Pty Ltd

Location

Lot 397 (1) Kakadu Road, Yanchep;

Lot 9007 (161) Yanchep Beach Road, Yanchep;

Portion of Lot 9009 (108) Blackwood Meander, Yanchep

MRS Zoning

Urban

DPS 2 Zoning

Urban Development

ASP 40 Zoning

Mixed Use (R60)

 

 

Background

In April 2012, the City received an application from CLE Town Planning and Urban Design (the applicant), on behalf of Australand Industrial No. 140 Pty Ltd (the owner/developer), to amend ASP 40 by increasing the residential density coding of the northern and central portion of ASP 40, from R60 to R100, and including additional design provisions relating to the change in density.

 

The Amendment No. 3 area is bounded by a reservation for railways (future transit railway) and an R160 coded area to the east, existing residential development and Public Purpose (High School) reserve and an R60 coded area to the south, the Yanchep District Centre (Yanchep Central Shopping Centre site) to the west and sites for future 'Business' zone development fronting Yanchep Beach Road to the north. The location of the Amendment No. 3 area is illustrated on Attachments 1 and 2 which include the existing and proposed ASP 40 R-Code Plans respectively.

 

On 4 May 2012, the Director Planning and Sustainability forwarded a memorandum to all Elected Members, providing the opportunity for members to request referral of the proposal to Council for consent to be advertised. No such requests were received and, as such, advertising of Amendment No. 3 to ASP 40 commenced on 29 May 2012 in accordance with Clause 9.5 of District Planning Scheme No. 2 (DPS 2). The advertised version of Amendment No. 3 is included as Attachment 3.

Detail

Amendment No. 3 to ASP 40 proposes an increase in the residential density coding of Lot 397 (1) Kakadu Road, Yanchep; Lot 9007 (161) Yanchep Beach Road, Yanchep; Portion of Lot 9009 (108) Blackwood Meander, Yanchep from R60 to R100. To coincide with the proposed introduction of a higher residential density code, the applicant has proposed additions to the ASP 40 text to include design provisions that would apply to the R100 coding. The Amendment documentation (as advertised), outlining proposed changes to the ASP text and proposed R-Code Plan, is included as Attachment 3.

 


 

 

The proposed Amendment area is within a site already approved by the Western Australian Planning Commission (WAPC) for subdivision (WAPC subdivision reference number 140504, approved on 16 December 2009). Amendment No. 3 does not propose any change to the current road network of ASP 40, which was also approved as a part of the aforementioned subdivision. However, the applicant has outlined in the Amendment that lot configuration and size within this road network may be modified through future subdivision approvals should this Amendment be adopted.

 

The applicant has justified the proposed amendment on the basis that it would:

 

·        Provide for a higher density within the 'Jindowie' estate in proximity to core facilities, being the Yanchep District Centre and South Yanchep Railway Station, should it be constructed in future; and

 

·        Allow for the creation of greater variety, higher density and affordable lots and dwellings whilst delivering an improved amenity and streetscape.

 

The applicant has argued that the proposed increase in R-Code and proposed design provisions would allow a more innovative and flexible approach in the delivery of lots and dwellings in the current housing market. Prior to advertising, Administration assessed the proposed R100 design provisions and considered these to be acceptable in accordance with other R-Code variations which the City has supported previously.

Consultation

The Amendment was advertised for public comment for a period of 42 days by means of an on-site sign, an advertisement in the Wanneroo Times newspaper, the City’s website and letters written to adjoining landowners. The City received no submissions from the general public; however the City did receive seven submissions from various State Government agencies.

 

A summary of submissions received and Administration’s response to each is included in Attachment 4. A discussion of the key issues identified in review of the submissions is included in the 'Comment' section below.

Comment

Through public consultation and Administration’s assessment of the proposal, the following key issues were identified:

 

Residential Density

 

The increase in density from R60 to R100, proposed by Amendment No. 3, represents an overall increase of up to 114 dwellings in the amendment area, equating to an increase in density of up to 47 per cent in this area. Increased density in this location is supported by the objectives outlined in 'Directions 2031 and Beyond' (WAPC strategic document), considering the amendment area is located with the walkable catchment (800 metres) of both the Yanchep District Centre and the future South Yanchep Railway Station.

 

Railway Station Construction and Parking Provision

 

The Public Transport Authority's (PTA) submission on Amendment No. 3 identified that the Amendment report prepared by the applicant (refer Attachment 3) references a planned South Yanchep Rail Station on the eastern boundary of the Amendment area. The PTA stated that no government commitment has been given to the extension of the northern suburbs railway, or the construction of any additional stations on this rail line.

 

The PTA suggested that any station provided at South Yanchep in this location would require an area of 3-4ha to accommodate 1,000 park and ride bays.

 

Amendment No. 3 to ASP 40 proposes a coding change only and does not propose changes to any future rail station area or its required ancillary facilities. In addition, justification for the amendment does not rely on immediate provision of the South Yanchep Rail Station, considering the amendment area is within a walkable catchment (800 metres) of the Yanchep District Centre, which now contains a Woolworths Supermarket and is soon to be fully operational.

 

In relation to parking availability for the future railway station, the applicant has advised Administration that land within a portion of the Agreed Structure Plan No. 76 area (situated immediately east of ASP 40, the Amendment area and a proposed railway line) provides for a 4ha area to accommodate the future park and ride facilities required by the PTA and which is still subject to acquisition by PTA.

 

Road Layout

 

The submission provided by the PTA (in consultation with Main Roads Western Australia and the Department of Transport) has expressed concern regarding the functionality of the internal road network should the Amendment proceed. It has been suggested through the submission that the internal road network of ASP 40 be amended so that it is structured to provided suitable connection to Marmion Avenue and Yanchep Beach Road without requiring traffic to use local access roads or to travel through areas where through traffic may be undesirable.

 

Administration acknowledges the intent of the submission; however, Amendment No. 3 only proposes a residential density code change and neither proposes nor requires any change to the approved road network, or access arrangements to Marmion Avenue or Yanchep Beach Road. The road layout within the Amendment area already has subdivision approval (WAPC ref: 140504) and as Amendment No. 3 results in only a modest increase in potential housing density (up to an additional 114 dwellings), it is not considered that this approved road network would need to be changed to accommodate any traffic volume increases, as these could be easily accommodated by the approved subdivision and ASP 40 road network.

 

Considering the above, Amendment No. 3 cannot be considered to relate to the ASP 40 road network and therefore, it is not considered appropriate for this Amendment to be used as an opportunity to modify the overall road network of ASP 40, which has largely already been determined through existing subdivision approvals.

 

Conclusion

 

In April 2012, CLE Town Planning and Urban Design, on behalf of Australand Industrial No. 140 Pty Ltd, lodged Amendment No. 3 to ASP 40, which proposes to increase the R-Coding of the northern and central portion of ASP 40 from R60 to R100 and provide additional design provisions relating to the R100 density coding. The proposal is consistent with the intent of ASP 40 and aims to provide increased density around the Yanchep District Centre and the future South Yanchep Railway Station. The proposal is considered to be acceptable and it is recommended that Council determine that Amendment No. 3 to ASP 40 is satisfactory and forward it to the WAPC for consideration.


 

 

Statutory Compliance

This Structure Plan Amendment has been processed in accordance with the requirements of DPS 2. Clause 9.6.1 of DPS 2 provides that following advertisement of a Structure Plan amendment, Council may refuse to adopt the amendment or resolve that the amendment is satisfactory with or without modifications. It is recommended that Amendment No. 3 to Agreed Structure Plan No. 40 be approved without modifications.

Strategic Implications

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

 “2     Social

2.1    Increase choice and quality of neighbourhood and lifestyle options

 

Policy Implications

This proposal has been assessed with consideration to the provisions of the City’s Local Planning Policy 4.2 – Structure Planning.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.      Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2 RESOLVES that Amendment No. 3 to Agreed Structure Plan No. 40, submitted by CLE Town Planning and Design on behalf of Australand Industrial No. 140 Pty Ltd, and included as Attachment 3, is SATISFACTORY;

 

2.      Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, SUBMITS three copies of Amendment No. 3 to Agreed Structure Plan No. 40 included as Attachment 3, 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 SIGN and SEAL Amendment No. 3 to Agreed Structure Plan No. 40  included as Attachment 3, once adopted by the Western Australian Planning Commission; and

 


 

 

 

4.      NOTES the Schedule of Submissions received in respect of Amendment No. 3 to Agreed Structure Plan No. 40 included as Attachment 4, ENDORSES Administration’s comments and recommendations in response to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission and ADVISES the submitters of its decision.

 

 

 

Attachments:

1View.

Attachment 1 - Existing R-Code Plan

12/112402

 

2View.

Attachment 2 - Proposed R-Code Plan

12/112404

 

3View.

Attachment 3 - Submitted Documentation - Amendment 3 to the Lots 1 & 102 Yanchep Beach Road, Yanchep Agreed Structure Plan No

12/112405

Minuted

4View.

REVISED Attachment 4 - Summary of Submissions - Amendment 3 to ASP 40

12/127035

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   148


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   149


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   151


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       160


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       166

3.5    Agreement of South Yanchep  Local Structure Plan No. 66

File Ref:                                              3395 – 12/111434

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider further modifications to the draft South Yanchep Local Structure Plan No. 66 (LSP 66) which have been required by the Western Australian Planning Commission (WAPC), with a view to determining a formal Council position on these modifications and the Structure Plan’s acceptability for agreement.

 

Applicant

CLE Town  Planners

Owner

Landcorp

Location

Lot 101 (3523) Marmion Avenue, Yanchep; and

Lot 2 (250) Pipidinny Road, Eglinton

Site Area

Approximately 120 hectares

MRS Zoning

Urban

DPS 2 Zoning

Urban Development

 

 

Background

The LSP 66 area is located on the western side of Marmion Avenue between the old Yanchep Town Site in the north and the Eglinton Reserve in the south. LSP 66 proposes a predominantly residential development with densities varying between R20 and R100. It is estimated that the LSP 66 area will facilitate the development of at least 1,500 dwellings and provides for a centrally located local centre; primary school site with co-located active public open space (POS) of 1.5 hectares in area; and the retention of a significant east-west parabolic dune.

 

Council, at its meeting of 25 August 2009, considered the draft LSP 66 prepared and submitted by Roberts Day Town Planners on behalf of Landcorp and resolved that it was satisfactory subject to a number of modifications (Item PS04-08/09). The applicant made the required modifications and on 25 November 2009 the modified LSP 66 (November 2009) was forwarded to the WAPC for its adoption and certification.

 

On 9 August 2011, the WAPC wrote to the City and advised that the WAPC had resolved to adopt the modified LSP 66, subject to a number of modifications. The applicant made the modifications required by the WAPC, as well as some additional modifications, and resubmitted the Structure Plan to the City. Council, at its meeting of 7 February 2012, considered the WAPC's modifications and the additional modifications that were made to the Structure Plan by the applicant and resolved to adopt LSP 66 subject to modifications being made to the satisfaction of the Director Planning and Sustainability (Item PS06-02/12).  The applicant made the required modifications and on 30 March 2012 the modified LSP 66 (February 2012) was forwarded to the WAPC for its adoption and certification. Attachment 1 contains the LSP 66 Part 1 Statutory Section, including the Structure Plan map, which was forwarded to the WAPC.

 

On 13 September 2012 the WAPC wrote to the City and advised that LSP 66 had been adopted by the WAPC subject to further modifications. A list of the modifications required by the WAPC along with Administration's comment and recommendation on each is included in a schedule of modifications contained in Attachment 2.


 

 

 

The applicant submitted a further modified version of LSP 66 (September 2012) to the City for its consideration under Clause 9.4 of District Planning Scheme No. 2 (DPS 2). Attachment 3 contains the modified Part 1 Statutory Section of LSP 66 (September 2012) submitted by the applicant.

Detail

The modifications required by the WAPC are editorial in nature and relate to a number of missing words in subclause 5 a) of the Part 1 Statutory Section as well as the requirement to include a 'Statement of Modifications' and POS schedule in Part 2 – Explanatory Report.

Comment

The applicant has made the modifications required by the WAPC and the modified Part 1 Statutory Section of LSP 66 (September 2012) submitted by the applicant is included as Attachment 3. Administration considers the modifications to be editorial in nature and recommends that the modified version of LSP 66 (September 2012) be considered satisfactory. Given that LSP 66 has already been advertised and that the modifications do not significantly or materially affect the intent of the advertised version of the Structure Plan it is considered unnecessary for the Structure Plan to be readvertised for public comment. For this same reason, Council did not require further public advertising of the previous modifications to LSP 66 considered by Council at its meeting of 7 February 2012.

Statutory Compliance

Part 9 of DPS 2 provides for the assessment and determination of Structure Plans.  Pursuant to subclause 9.6.3 (c) of DPS 2, if the WAPC requires modification to the Structure Plan, the proponent and/or Council shall make the modifications required by the WAPC and Council shall reconsider the Structure Plan under Clause 9.4. The applicant has made the modifications required by the WAPC, included in Attachment 2, and resubmitted the modified Structure Plan for consideration under Clause 9.4.

 

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

 

Following this, Council must consider the structure plan under Clause 9.6 and do one or other of the following:

 

a)      refuse to adopt the Structure Plan; or

 

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

 

It is recommended that modified version of LSP 66 (September 2012) be deemed satisfactory and that readvertising be waived.

 

Strategic Implications

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

 “1     Environment

1.3    Minimise impact of development on the environment

 

 

1.4     Improve the quality of the built environment;

2     Social

2.1     Increase choice and quality of neighbourhood and lifestyle."

Policy Implications

The modified LSP 53 has been assessed in accordance with the provisions of the City's Local Planning Policy 4.2: Structure Planning (LPP 4.2).

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Pursuant to Clauses 9.4.1, 9.6.1 and 9.6.3 (c) of District Planning Scheme No. 2, RESOLVES that the draft South Yanchep Local Structure Plan No. 66 (September 2012) included as Attachment 3, submitted by CLE Town Planners on behalf of Landcorp, incorporating the modifications required by the Western Australian Planning Commission (as detailed in Attachment 2), is SATISFACTORY;

2.       Pursuant to Clause 9.4.1 (a) of District Planning Scheme No. 2, WAIVES the requirement for further public advertising of the draft South Yanchep Local Structure Plan No. 66 (September 2012) included as Attachment 3, as the modifications are of a minor nature and do not materially alter the intent of the Structure Plan as previously advertised for public comment; and

3.       Pursuant to Clause 9.6.5 of District Planning Scheme No. 2 ADOPTS the South Yanchep Local Structure Plan No. 66 (September 2012) included as Attachment 3 and AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the structure plan documents accordingly.

 

 

Attachments:

1View.

LSP 66 - Attachment 1

12/123743

 

2View.

LSP 66 - Attachment 2

12/123775

 

3View.

LSP 66 - Attachment 3 Modified Part 1 Stat Section to LSP 66 (September 2012)

12/123746

 

  


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3.6    District Planning Scheme No. 2 Amendment No. 115 - Jindee Smart Growth Community

File Ref:                                              5137 – 12/114233

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

 

Issue

To consider the submissions received during the public advertising of Amendment No. 115 to District Planning Scheme No. 2 (DPS 2) and adoption of that Amendment.

 

Applicant

Roberts Day on behalf of Estates Development Company

Owner

Westminster Estates Pty Ltd (part of and managed by Estates Development Company); and Western Australian Planning Commission

Location

Lot 10, Lot 11593 and portion Lot 3054 Marmion Avenue, Jindalee

Site Area

120 hectares

MRS Zoning

Urban; Parks and Recreation

DPS 2 Zoning

Urban Development; Commercial; Civic and Cultural; Business-Restricted Use 1.26; Additional Use 2.1; Additional Use 2.2; and no zone

 

 

Background

The Jindee development site comprises Lot 10, Lot 11593 and portion of Lot 3054 Marmion Avenue, Jindalee. A plan showing the location of the subject site is included as Attachment 1.

 

Amendment No. 115 has been presented to Council previously on several occasions. The original proposed Amendment No. 115 was presented to Council on 31 May 2011 (item PS05-05/11). The purpose of this Amendment was to (generally) divide DPS 2 into two divisions (A and B), with Division – A comprising the existing DPS 2 text and Division – B comprising extensive new provisions relating to the introduction of a 'Smart Growth Community' zone into the Scheme, and the application of that zone to the proposed Jindee development. This Amendment was adopted by Council and forwarded to the Environmental Protection Authority (EPA) for its consideration and the Western Australian Planning Commission (WAPC) for its consent to advertise.

 

On the 31 January 2012, the WAPC advised the City that it had granted consent to advertise the Amendment for public comment, subject to several modifications being made before advertising, and a further suite of modifications being made after advertising. It was considered that the significant modifications required by the WAPC undermined the original purpose, intent and philosophy of the proposal initially agreed by Council. The proponent, in consultation with Administration and the Department of Planning, explored options for addressing that decision and prepared a revised Amendment No. 115. This version was intended to address the general sentiment of the WAPC's decision whilst still preserving the purpose, intent and philosophy underpinning the original amendment proposal. The revised Amendment was presented to Council on 1 May 2012 when Council resolved to adopt the Amendment and again forward it to the WAPC for its consent to advertise (item PS01-05/12).

 


 

 

On the 14 June 2012, the WAPC advised the City that it had granted consent to advertise the Amendment for public comment, subject to several modifications being made to the revised version of Amendment No. 115. These modifications were presented to Council on 24 July 2012 where Council resolved to adopt and advertise Amendment No. 115 (item PS10-07/12).

 

Following the 24 July 2012 Council Meeting, in accordance with Regulations 14(4) and 25AA(6) of the Town Planning Regulations 1967, the Amendment was referred back to the WAPC to ensure that modifications were made to their satisfaction. On the 20 August 2012 the WAPC advised that the requested modifications had satisfactorily been carried out and the City could proceed with advertising the Amendment (refer Attachment 2).

Detail

Proposal

 

Amendment No. 115 proposes to:

·        Introduce a new zone into DPS 2 ('Smart Growth Community' zone) together with corresponding provisions that set out the objectives, standards and requirements applicable to that zone;

·        Rezone the subject land to 'Smart Growth Community' zone; and

·        Require a Local Structure Plan to be prepared and agreed by Council as a prerequisite to any subdivision or development within the 'Smart Growth Community' zone.

 

The Scheme Amendment text and map, as advertised, is included as Attachment 3.

Consultation

As the revised version of Amendment No. 115 incorporates the same environmental conditions and rezoning area as the previously adopted version of Amendment No. 115 that the Environmental Protection Authority (EPA) assessed, the advertised version was not formally referred to the EPA again (Attachment 4).

 

In accordance with the Council’s 24 July 2012 decision, Amendment No. 115 was advertised for public comment for 42 days between 28 August 2012 and 9 October 2012 by way of on-site signs, advertisement in the local newspaper, a notice in Council offices and the City’s website and Facebook page, and letters to affected and nearby landowners.

Comment

A total of five submissions were received during the advertising period, three from State Government agencies and two from planning consultants. Four of the submissions generally supported the proposal with one not supporting the proposal in its current form. A summary of the submissions, Administrations response and recommended modification is included as Attachment 5. The main issues raised in the submissions are outlined below:

 

Application of Existing District Structure Plan

 

Two submitters raised concern that through point six, subclause 3.25.6 of the amending text the existing Butler Jindalee District Structure Plan No. 39 would not apply. It was mentioned in these submissions that this District Structure Plan is the result of considerable planning over a number of years and sets out district level guidance for elements such as public open space, district road networks and planned commercial centres. The District Structure Plan provides an overarching, consistent framework for all developers in the area.

 


 

 

Administration considers that clauses 9.8.2 and 9.8.3 of DPS 2 are important for the operation of agreed structure plans, including the existing Butler Jindalee District Structure Plan No. 39 and the draft Jindee Local Structure Plan. Subclauses 9.8.2 and 9.8.3 were not intended to apply to the 'Smart Growth Community' zone as they reference zones and the R Codes.

 

Administration recommends modifying point 6, subclause 3.25.6 to ensure that clauses 9.8.2 and 9.8.3 of DPS 2 apply to the 'Smart Growth Community' zone and reference Transect Zones instead of zones or the R Codes.

 

Role of the WAPC and the R Codes

 

One submitter raised concern with the role of the WAPC and the R Codes in relation to the proposal. As the R Codes do not apply to land zoned as 'Smart Growth Community' through Amendment No. 115 the submitter was concerned that nothing would replace the guidance that the R Codes provide.

 

Part 1 of the Local Structure Plan will contain site area requirements, lot size ranges and density targets for each Transect Zone in place of the R Codes and therefore no modification is recommended.

 

Application of Local Planning Policies

 

One submitter raised concern with the application of the City's local planning policies to the Amendment No. 115 site. The submitter was concerned that the proposed approach is contrary to established due process and proper planning and will result in an unequal and inconsistent application of local planning policies between landowners and developments.

 

Administration considers that Amendment No. 115 provides sufficient opportunity for the relevant local planning policies to apply to the 'Smart Growth Community' zone through point 12, subclause 3.1 which states "City of Wanneroo Local Planning Policies adopted under the Scheme do not apply to the SG1 area unless otherwise stated in an adopted local planning policy". The preparation of the draft Jindee Local Structure Plan will determine which local planning policies should apply to the 'Smart Growth Community' zone and which should not apply. Administration will determine an appropriate course of action to ensure that the relevant local planning policies apply to the site. Administration does not recommend any modifications based on this submission.

 

Marmion Avenue

 

Main Roads raised concern over the potential impact of the development of the Amendment No. 115 site on the access to, and capacity of, Marmion Avenue.

 

These comments have been noted, however, as they do not directly relate to the proposal being advertised no modifications are proposed. Administration suggests that these comments be taken into consideration for the preparation of the draft Jindee Local Structure Plan and indicate that further comment on the detailed design of the site will be sought through the advertising of this Structure Plan.

 

Editorial

 

Roberts Day proposed several minor editorial modifications that do not materially alter the purpose or intent of Amendment No. 115 and are supported by Administration.

 


 

 

Administration Recommended Modifications

 

In addition to the modifications proposed as a result of advertising, Administration is also proposing several minor editorial modifications outlined in Attachment 6. These modifications also do not materially alter the purpose or intent of the Amendment.

 

In their letter dated 20 August 2012 the WAPC advised Council that the final approval of Amendment No. 115 will be considered concurrently with the request for adoption of the draft Jindee Local Structure Plan by the WAPC. The WAPC also recommended that the landowner and/or the City of Wanneroo liaise with the Department of Planning in relation to the format of this Structure Plan to minimise time delays in its adoption. Administration has been liaising with the proponent and the Department of Planning in relation to the draft Jindee Local Structure Plan and it is proposed that this document will be presented to Council in early 2013.

Statutory Compliance

Amendment No. 115 has been processed in accordance with the Planning and Development Act 2005 and Town Planning Regulations 1967.

 

In accordance with Regulation 17(2), Council is required to consider the submissions received in respect of Amendment No. 115 and must resolve to either adopt the amendment without without modification, or not proceed with the amendment. Pursuant to Regulation 18(1), within 28 days of the passing of that resolution, the City must provide the WAPC with (among other things) a schedule of submissions and Council's recommendation and response to the submissions, together with particulars of any modifications recommended to the amendment.

 

Administration recommends that Council adopt Amendment No. 115 in accordance with Regulation 17(2)(a), subject to the modifications outlined in this report being recommended to the WAPC, in accordance with Regulation 18(1)(c).

 

Strategic Implications

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

 “1     Environment

1.3    Minimise impact of development on the environment

 

1.4     Improve the quality of the built environment

2     Social

2.1     Increase choice and quality of neighbourhood and lifestyle options

3     Economic

3.2 Support business and initiatives”

Policy Implications

Once the amendment is finally adopted, the City's local planning policies may need to be amended to specifically capture or exclude the 'Smart Growth Community' zone, as the case requires. This process will be informed by the draft Jindee Local Structure Plan.

 

Financial Implications

Nil.

Voting Requirements

Simple Majority.

 

Recommendation

That Council:-

1.       Pursuant to Town Planning Regulation 17(2) ADOPTS Amendment No. 115 to District Planning Scheme No. 2 subject to the following:

a)      Modify point one of the amending text to read: "Deleting 'Additional Use Zone 1-26', 'Restricted Use Zone 2-1' and 'Restricted Use Zone 2-2' from Schedule 2 of the District Planning Scheme No. 2 (DPS 2);";

b)      Modify point three of the amending text to read: "Rezoning the portions of Lot 9036 Marmion Avenue, Jindalee, zoned 'Urban Development', 'Commercial', 'Civic and Cultural', 'Business – Additional Use 1-26', 'Additional Use 2-1' and 'Restricted Use 2-2' to 'Smart Growth Community' zone;";

c)      Modify point six, subclause 3.25.2(b) to read: "provide a framework for the application of a comprehensive Transect Based Code to control the built form, thoroughfares, landscape and land use and to facilitate the orderly planning and development of land;";

d)      Modify point 6, subclause 3.25.6 to read: "In Clauses 9.8.2 and 9.8.3 the term Transect Zone shall be used in place of the term Zone or Residential Density Code.";

e)      Modify point six, subclause 3.25.8 to read: "The character and development within each transect zone shall be consistent with the transect zone descriptions contained in Table 3.";

f)       Modify point six, subclause 3.25.10 to read: "Notwithstanding clauses 3.25.9, 9.6 and 9.7, the Western Australian Planning Commission is not required to adopt or administer the Transect Based Code component of the Agreed Structure Plan.";

g)      Modify point six, subclause 3.25.13 to read: "The Transect Based Code, excluding residential density, lot size ranges, primary thoroughfare networks, land use permissibility, strategic public open space and any other issue identified by the Western Australian Planning Commission in an Agreed Structure Plan, may be varied through the preparation of a Detailed Area Plan in accordance with Clause 9.14.";

h)      Modify point six, subclause 3.25.14 of the amending text to read: "Any provision, standard or requirement in an Agreed Structure Plan and associated Transect Based Code shall be given the same force and effect as if it was a provision, standard or requirement of this Scheme. In the event of any inconsistency or conflict between an Agreed Structure Plan (including the Transect Based Code) and the Scheme, the provision of the Agreed Structure Plan shall prevail.";


 

 

i)       Modify point 8, subclause 9.11.1 to read: "It is the intent of subclauses 3.10.3(a), 3.13.3, 3.14.3, 3.15.3, 3.23.2 and 3.25.5 that no subdivision or development should occur on land in the Marina, Rural Community, Centre, Urban Development, Smart Growth Community or Industrial Development Zones until a Structure Plan in respect of that land has been prepared and adopted.";

j)       Modify the heading of Table 3 to read: "Table 3 (subclause 3.25.8) – Transect Zone Descriptions";

k)      Modify Table 3 – T-1 Natural Reserve to read: "Natural Reserve Zone shall consist of lands approximating or reverting to a natural condition, including lands unsuitable for settlement due to topography, hydrology or vegetation. Typical buildings are limited to civic functions.";

l)       Modify Table 3 – T-2 Natural Living Building Type to read: "Predominantly detached dwellings";

m)     Modify Table 3 – T-4 General Urban Building Type to read: "Mixture of building types including but not limited to detached dwellings, terraces, loft houses, loft buildings, apartment houses, flex buildings and mixed-use buildings";

n)      Modify Table 3 – T-6 Urban Core Building Type to read: "Predominantly apartments, commercial buildings and mixed-use buildings";

o)      Modify Table 3 – SD Special District to read: "All standards and controls to regulate development within a Special District shall be established through the Local Structure Plan and refined in Detailed Area Plans";

p)      Modify point 11, Schedule 1 (Clause 1.9) to read: "Transect Zone: means any of the six zones that are allocated on the Regulating Plan Series of a Transect Based Code to achieve the development and design outcomes intended of a Smart Growth Community zone. They include the Natural Reserve (T1 Zone), Natural Living (T2 Zone), Sub-Urban (T3 Zone), General Urban (T4 Zone), Urban Centre (T5 Zone) and Urban Core (T6 Zone).";

q)      Modify point 12, Schedule 16, Description of Locality, dot point two to read: "Portion Lot 3054 on Deposited Plan 47953, Volume 2611, Folio 665.";

r)       Modify point 12, Schedule 16, Subclause 1.2 (d) to read:  "No development shall occur in the Protected Natural Living Area unless there is an approved Detailed Area Plan for the area being developed or a Planning Approval.";

s)      Modify point 12, Schedule 16, Subclause 1.3 to read: "Building Envelope, as referred in Schedule 16, subclause 1.2(b) means the area identified on a Detailed Area Plan and is the only portion of the site to contain a dwelling, sheds, gardens, internal fences and other items ancillary to and normally associated with a dwelling.";

t)       Modify point 12, Schedule 16, Subclause 1.4 to read: "Building Zone, as referred to in Schedule 16, subclause 1.2(b) means the area identified on a Detailed Area Plan accommodating driveways, boundary fencing, urban firebreaks and services to the dwelling such as water/sewer and power and other items ancillary to and normally associated with a dwelling."

u)      Modify the font of "1." to "6.", point six "3.25.2(a)" to point six "3.25.2(d)", point six "3.25.12(a)" to point six "3.25.12(d)", point 12 "1.2(a)" to point 12 "1.2(i)" and point 12 "2.2(a)" to "2.2(b)" to Arial size 11;

 

 

 

2.       Pursuant to Town Planning Regulations 22 and 25 (a) (g) AUTHORISES the affixing of the common seal to, and endorses the signing of, the Amendment documentation;

3.       FORWARDS the Amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning to grant final approval to the Amendment; and

4.       ENDORSES Administration's comments and recommended modifications contained in Attachment 5 and Attachment 6 of this report regarding the submissions received on Amendment No. 115 to District Planning Scheme No. 2 and ADVISES the submitters of its decision.

 

Attachments:

1View.

Attachment 1 - Site Plan

11/38184

 

2View.

Attachment 2 - Letter - WAPC Consent to Advertise

12/99104

 

3View.

Attachment 3 - Advertised Amendment No. 115

12/127689

 

4View.

Attachment 4 - EPA Advice

12/125018

 

5View.

Attachment 5 - Summary of Submissions

12/127766

Minuted

6View.

Attachment 6 - Administration's Modifications

12/127730

Minuted

  


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Draft

Development Applications

3.7    Reconsideration of Development Application - Four Light/Security Poles - Lot 1378 (6) Jindalee Boulevard, Jindalee

File Ref:                                              DEV12/314 – 12/131884

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider endorsing a revised site plan submitted by the applicant, in relation to a (partly) retrospective development application for four light/security poles at Lot 1378 (6) Jindalee Boulevard, Jindalee (DA2012/264).

 

Applicant

Hindley & Associates Pty Ltd

Owner

Belgravia Nominees Pty Ltd, Denkey Pty Ltd, Carine Nominees Pty Ltd & Penhurst Nominees Pty Ltd

Location

Lot 1378 (6) Jindalee Boulevard, Jindalee

Site Area

1.6399 Hectares

DPS 2 Zoning

Urban Development

ASP52 Zoning

Business

 

 

Background

At its meeting on 16 October 2012 (Item CR01-10/12), and at the direction of the State Administrative Tribunal (SAT), Council reconsidered its previous decision, made on 1 May 2012 (Item CR01-05/12) to approve four lighting/security poles at Lot 1378 (6) Jindalee Boulevard, Jindalee.  At that October 2012 meeting, Council resolved as follows:

 

"That Council, pursuant to Section 31(2) of the State Administrative Tribunal Act 2004:

 

1.       APPROVES the application for (partly) retrospective planning approval submitted by Hindley and Associates for four lighting/security poles at Lot 1378 (6) Jindalee Boulevard, Jindalee as shown on plans included in this report as Attachment 2 and Attachment 3, subject to the following conditions:

 

a)      Within 30 days of Council’s resolution, the landowner/applicant shall ensure that the three existing poles where indicated on the plan included as Attachment 2 as ‘Existing 18m High Pole’ are modified to the satisfaction of the Director Planning and Sustainability to the height and dimensions as indicated on the plan included as Attachment 3;

 

b)      This approval pertains only to the modification and/or erection of four lighting/security poles, and does not pertain to any installation affixed to those poles, such as lighting or security cameras;

 

c)      Lighting being designed in accordance with the Australian Standards for the Control of Obtrusive Effects of Outdoor Lighting (AS4282) and shall be directed so that light overspill outside the lot boundary is minimised to the satisfaction of the Director Planning and Sustainability; and

 

d)      Any damage or removal of a City asset (including vegetation) shall be replaced or repaired at the cost of the landowner, to the satisfaction of the City;

 

2.       ADVISES the State Administrative Tribunal and the applicant if its decision; and

 

3.       ADVISES Squire Sanders Solicitors on practical completion of all works pursuant to Council’s approval in accordance with Item 1 above, to SET ASIDE the written direction pursuant to section 214 (b) of the Planning and Development Act 2005 issued on behalf of the City on 4 November 2011 to all landowners of Lot 1378, Telstra Corporation Limited, Optus Mobile Pty Ltd and Vodafone Network Pty Ltd.

 

4.       AUTHORISES the Director Planning and Sustainability to inform nearby affected landowners of the basis of Council’s decision subject to compliance with State Administrative Tribunal confidentiality rules."

 

The plan referred to as Attachment 2 in Council's above-mentioned resolution is included as Attachment 1 to this report. In that report to Council, Administration informed Council that a site inspection had revealed that the second-most northern pole shown on that plan was actually constructed approximately 17 metres (or seven car bays) north of the location shown on that plan. Administration attempted to obtain clarification from the proponent as to whether the location of that pole had been incorrectly depicted on the submitted plan, or whether they had intended to relocate the pole to that position. No clarification was forthcoming at the time, although the proponent has since confirmed this was a drafting error and that approval was being sought to retain the pole (albeit it at a reduced height) in its current location. A revised plan depicting the correct location of this pole is included as Attachment 2.

Detail

Administration previously understood (although was unable to obtain formal clarification from the proponent at the time) that the pole in question had been incorrectly depicted on the approved site plan and Council was advised accordingly, prior to making its decision on this matter. It is recommended that Council endorse the plan included as Attachment 2 as superseding the plan included as Attachment 1, which was referenced as Attachment 2 in its October 2012 decision.

Consultation

Nil

Comment

The fact that the pole location is now correctly shown on the site plan included as Attachment 2 in no way alters Administration's previous assessment of or recommendation on this application, nor does it warrant a change to any of the conditions of approval granted by Council in October 2012. It is common for approved plans to be superseded by subsequent revisions, and the act of endorsing revised plans occurs as an administrative formality for decisions made under delegated authority. In this case, however, a Council decision is required as this application was approved by Council and Administration has not been delegated any authority to accept a revision to the Council-approved site plan.

Statutory Compliance

The submission of a revised site plan does not constitute a fresh application, nor does it create grounds for Council to revisit its recent decision to approve the submitted development application. Council is simply being requested to endorse a revised site plan depicting the correct location of all existing poles, in place of the previously approved site that incorrectly depicted the location of the second-most northern pole. Inherent in Council's ability to determine an application for planning approval under District Planning Scheme No. 2 is the power to agree to changes to any plan so approved.

 

Strategic Implications

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

 “4     Governance

4.6    Provide and maintain a high standard of governance and accountability

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council, further to its decision on 16 October 2012 (CR01-10/12) to grant approval to the (partly) retrospective development application submitted by Hindley and Associates for four lighting/security poles at Lot 1378 (6) Jindalee Boulevard, Jindalee, ENDORSES the revised site plan included as Attachment 2 to supersede the previously approved site plan included as Attachment 1, which was referenced as Attachment 2 in Council's 16 October 2012 decision.

 

 

 

Attachments:

1View.

Attachment 1 - Site Plan - Council Report - DA2012-264

12/42230

Minuted

2View.

Attachment 2 - Revised Pole Location Plan for November 2012 Council Report

12/132317

Minuted

  


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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       266

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       268

Draft

Other Matters

3.8    Appointment of Community Representatives to the Environmental Advisory Committee and Amendment to the Terms of Reference

File Ref:                                              1441 – 12/118137

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider appointing two new community representatives to the Environmental Advisory Committee (EAC) and to consider amending the EAC's Terms of Reference (ToR).

 

Background

The EAC is a formal advisory committee of Council established under the Local Government Act 1995 (the Act). Its role is to provide a forum for community participation in the preparation of the City's environmental policies, strategies and other relevant matters.

Detail

The current EAC ToR (refer Attachment 1) provides for a maximum membership of 15, comprising three elected members and a maximum of 12 community representatives. Council's appointed Elected Member delegates to the EAC are Cr Guise, Cr Smithson and Cr Driver. Cr Gray is the only appointed deputy delegate with two deputy delegate positions currently vacant.

 

There are currently two community representatives on the EAC, Mr John Kelly and Mr Kevin McLeod. Two new community representative nominations have been received for appointment to the EAC, from Mr John Boonzaier, a resident of Quinns Rocks, and Ms Susan Walker, a resident of Greenwood.

 

At present, meetings of the EAC are to be held quarterly, or more often as required, as outlined in the current ToR. The ToR stipulates (in Clause 3.3) that to achieve a quorum, the EAC requires the attendance of at least 50% of the endorsed members.  However, this is at odds with section 5.19 of the Act, which states that the quorum for a meeting of a Council or Committee is at least 50% of the number of officers (members), whether vacant or not.  In light of this requirement and based on the current membership of the EAC. a quorum cannot be achieved and therefore no formal EAC meetings have taken place since 19 May 2010.

Comment

Additional Community Representatives

 

Mr Boonzaier has previously been a community representative on the City's EAC and now wishes to return. Mr Boonzaier has previously provided advice and input into the City's Local Environment Plan and the City's response to the draft Gnangara Sustainability Strategy.

 

Ms Walker holds a horticulture certificate and has worked with Friends of Yellagonga as a committee member, monitoring turtles in Lake Joondalup and Lake Goollelal and assisting in tree planting.

 

Administration is confident that the proposed additional community representatives would bring valuable experience and knowledge to the EAC and recommends their inclusion in the EAC to expand its membership.

 

Terms of Reference

 

There are two changes proposed to the EAC ToR that aim to improve the efficiency and operation of the Committee.

 

1.       Committee Membership:

 

          The current EAC ToR provides for a maximum membership of 15, comprising of three elected members and a maximum of 12 community representatives.  In accordance with Section 5.19 of the Act, eight members are required to be present for a quorum to be reached.

 

          The current membership of the EAC includes three Councillor representatives and two community members – a total of five members. With this membership, it has not been possible for the EAC to reach a quorum and hold formal meetings since its last meeting on 19 May 2010. Although the two additional membership applications, if endorsed, would improve matters by bringing the total membership up to seven, this is still less than the required number to achieve a quorum. It is therefore recommended that the ToR be amended to:

 

a)      Limit the total maximum number of members to seven;

b)      Limit the maximum number of community representatives to four;  and

c)      Specify that the quorum for a meeting is four.

 

          This will increase the likelihood that in future a quorum is able to be reached and that the EAC can operate effectively in accordance with the Act.

 

          If in future there is a requirement to increase the level of community representation, it can be achieved by reporting to Council as required to appoint new members and concurrently amend the ToR accordingly.

 

2.       Meeting Regularity:

 

          The EAC has not been meeting quarterly as set out in the ToR as there has been an insufficient number of environmental projects requiring the input of the EAC to justify this meeting regularity. It is therefore proposed to amend Clause 3.2(a) of the ToR to allow meetings to occur as required, rather than quarterly as is currently specified.

 

In addition to the above proposals, several editorial changes have also been suggested to improve the ToR. These changes are minor in nature and do not affect the operation of the EAC.

 

A tracked changes version of the EAC Terms of Reference reflecting the proposed changes outlined above is included as Attachment 2. A revised EAC ToR for Council consideration, incorporating all changes, is included as Attachment 3.

Consultation

Nil

Statutory Compliance

Pursuant to Section 5.10(1)(a) of the Act, a local government is required to have its members appointed to a committee by absolute majority.

 

There are no statutory requirements in relation to the preparation of a ToR for Committees. However, the Act does require that the decision making process be undertaken in an open and accountable manner.

Strategic Implications

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

 “4     Governance

4.2    Improve community engagement

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Absolute Majority

 

Recommendation

That Council

 

1.       By ABSOLUTE MAJORITY APPOINTS to the City of Wanneroo Environmental Advisory Committee Mr John Boonzaier and Ms Susan Walker as community representatives; and

 

2.       ENDORSES the amended Terms of Reference for the Environmental Advisory Committee included as Attachment 3.

3.                     

 

Attachments:

1View.

Attachment 1 - EAC Terms of Reference 2011

12/123889

 

2View.

Attachment 2 - EAC Terms of Reference Revised 2012 Tracked Changes

12/120718

 

3View.

Attachment 3 - EAC Terms of Reference Revised 2012 FINAL

12/120717

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   271


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   273


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       275


 

 


3.9    Small Business Centre North West Metro Funding 2012/13

File Ref:                                              5560 – 12/130648

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider funding support for the Small Business Centre North West Metro Inc (SBC) for the 2012/2013 financial year.

 

Background

The SBC provides an annual service delivery plan to the City and subject to the satisfactory performance against the key performance indicators, the City contributes $60,000 (excl GST).

 

At its meeting of 11 October 2011, Council considered the SBC's 2011/12 Service Delivery Plan and resolved:

 

"That Council:

 

1.       NOTES the outcomes of the 2010/11 Service Delivery Plan for the Small Business Centre (North West Metro) Inc. and satisfactory review by the Chief Executive Officer;

 

2.       NOTES the Annual Report submitted by the Small Business Centre (North West Metro) Inc. for 2010/11 and favourable auditor opinion;

 

3.       ENDORSES the 2011/12 Service Delivery Plan for the Small Business Centre (North West Metro) Inc.;

 

4.       NOTES confirmation of funding support for the Small Business Centre (North West Metro) Inc. by the Small Business Development Corporation for the period 1 July 2011 to 30 June 2012 to the value of $142,594 (excluding GST);

 

5.       APPROVES the payment of $60,000 (excluding GST) to the Small Business Centre (North West Metro) Inc. for 2011/12 to support small business growth and development within the City of Wanneroo, subject to funding commitments from the City of Joondalup;

 

6.       ADVISES the Small Business Development Corporation and City of Joondalup of the Council’s decision in Recommendations 1 to 4 above."

Detail

As per the Agreement for Funding Grant 2010-2013, the SBC has provided to the City its 2011/2012 Annual report, 2012/2013 Service Delivery Plan and 2011/2012 Audited Accounts in support of its request for funding of $60,000.00 (excluding GST) for the 2012/2013 year.  Copies of the above documents are available in the Elected Members Reading Room.

 


 

 

Review of 2011/2012 Service Delivery Plan

 

The core services of the SBC, as outlined in the Service Delivery Plan 2011/2012 were to continue to focus on supporting and facilitating small business development on a free-of-charge basis.  As outlined in the Service Delivery Plan, this would be achieved by assisting new and existing small businesses with practical assistance on a range of business related issues including:

 

·        Practical business coaching;

·        Reference to Specialist Advisors;

·        Assistance with accessing Government Departments and regulations;

·        Marketing;

·        Financial management;

·        Legal structures;

·        Business licences; and

·        Business planning.

 

The table below summarises the Key Performance Indicators and outcomes achieved by the SBC in 2011/2012.

 

 

Type of Statistic

Annual forecast 2011/2012

Jan to July 2012 non-ATSI*

Jan to July 2012 ATSI*

Year to Date Total

New Business Client Sessions (30min+)

         381

         245

         14

       402

Existing Business Client Session

 (30min+)

         217

         137

           0

       223

Short Duration Client Session (<30min)

Includes both new & existing clients

       1368

         718

           3

     1374

New Business Start-ups

         122

         141

           0

       165

Jobs Created (FTE)     

         244

         207

           0

       328

Number of Workshop Participants

         195

         115

           0

       203

*Aboriginal and Torres Strait Islander

 

As can be seen the SBC has exceeded the contracted targets in workshop participants, jobs created, start-ups and new business client sessions.  The short duration sessions and existing business client sessions reached the 2011/2012 targets.

 

This is a commendable achievement and confirms that the core services were delivered and key activities were conducted as per the Service Delivery Plan 2011/2012. 

 

2012/2013 Service Delivery Plan

 

The 2012/2013 Service Delivery Plan has been formally accepted by the Small Business Development Corporation as part of the contractual requirements for funding.

 

The table below summarises the Key Performance Indicators and 2012/2013 targets.  These are the same Key Performance Indicators agreed to and included in the contract between the SBC and the Small Business Development Corporation.


 

 

 

 

 

Statistic Type

2012/13 Annual Target

New Businesses Client Sessions (30+ mins)

385

Existing Business Client Sessions (30+ mins)

220

Short Duration Client Sessions

1370

New Business Start Ups

144

Jobs Created

294

Workshop Participants

200

 

The core services of the SBC, as outlined in the Service Delivery Plan 2012/2013 will continue to focus on supporting and facilitating small business development.  This will be achieved by assisting new and existing small businesses with practical assistance on a range of business related issues through one-on-one consultations and small business training seminars and workshops.

 

The Service Delivery Plan 2012/2013 also sets out a number of additional or expanded activities for the SBC including the following:

 

·        Small Business Smart Business Training Vouchers;

·        Development of a NW Metro plan for Small Business in collaboration with City of Joondalup and City of Wanneroo;

·        Industry specific benchmarking for local businesses;

·        Education of Small Business to embrace technology to enable business growth; and

·        Small Business Promotion Project to encourage local small businesses to consider new marketing opportunities to grow their businesses.

 

The inclusion of the above activities in the 2012/2013 Service Delivery Plan demonstrates the SBC's understanding of the evolving needs of the small business sector in the NW Metro.

 

2011/2012 Audited Financial Statements

 

The accounts were audited by Bain & Associates, who provided the following audit opinion:

 

In our opinion, the financial statement of the Small Business Centre – North West Metro Inc. presents a true and fair record and is in accordance with applicable accounting standards

 

A copy of the opinion is available with the audited accounts in the Elected Member's Reading Room.

 

Funding Commitments from the City of Joondalup and Small Business Development Corporation

 

The SBC has submitted a request for funding of $60,000 (excluding GST) to the City of Wanneroo for 2012/2013.  A request for the same amount has been provided to the City of Joondalup. It is understood that the City of Joondalup will be considering the SBC request at its 13 November Council Meeting.

 

The SBC has received confirmation of funding to the value of $144,678 from the Small Business Development Corporation for the period 1 July 2012 to 30 June 2013.

 

The table below summarises the funding requested by the SBC for 2012/2013 from the Cities of Joondalup and Wanneroo, and the Small Business Development Corporation.

 

Organisation

Funding Requested

%

Small Business Development Corporation

         $144,678.00

55%

City of Wanneroo

           $60,000.00

22.5%

City of Joondalup

           $60,000.00

22.5%

Total

         $262,594.00

   100%

 

Recognising City of Wanneroo sponsorship

 

The SBC continues to recognise the sponsorship of the City of Wanneroo, City of Joondalup and Small Business Development Corporation on all of its marketing, including the SBC website and newsletter.

Consultation

The City of Wanneroo is represented on the board of management of the SBC by Cr Laura Gray and is able to monitor its operations accordingly.  The SBC provides quarterly and annual reports to the City of Wanneroo on achievement of Key Performance Indicator targets.

Comment

The net results show that in the financial year to June 2012, 328 jobs were created in the region, and the SBC has exceeded the contracted targets in workshop participants, jobs created and new business client sessions.  The Centre achieved the target of existing business client sessions and short duration client sessions.

 

A summary of the contributions of the SBC to new business start up and job creation for the northwest corridor demonstrates that since 2006/2007, over 843 small businesses have started up leading to the creation of 1,872 jobs.

 

Year

New Business

Start Ups

New Jobs Created

2006/2007

                190

              273

2007/2008

                  75

              119

2008/2009

                137

              355

2009/2010

                130

              502

2010/2011

                146      

              295

2011/2012

                165

              328

Total

                843

           1,872

 

The financial statements indicate cash assets of $198,302 as at 30 June 2012, however, the SBC notes that it is necessary to hold a reserve fund to cover costs whilst waiting for funding from the Small Business Development Corporation (usually received in September, three months into the financial year) and funding from the Cities of Wanneroo and Joondalup.

 

The SBC represents a strategic partnership for the delivery of business support services for the North West Metropolitan region.  By partnering with the City of Joondalup and the State Government, the City of Wanneroo has been able to maximise the services available for small business development across the region that will ultimately provide flow-on benefits for the whole community.

Statutory Compliance

Nil

 

 

Strategic Implications

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

 “3     Economic

3.2    Support business and initiatives

Policy Implications

Nil

Financial Implications

The City has allowed $65,100 listed in its 2012/2013 budget as follows:

 

717312.9399.316

Support Small Business Centre (SBC) :                   General Expenditure Contribution Donation

$65,100

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the outcomes of the 2011/2012 Service Delivery Plan for the Small Business Centre (North West Metro) Inc;

2.       NOTES the Annual Report submitted by the Small Business Centre (North West Metro) Inc for 2011/2012 and favourable auditor opinion;

3.       ENDORSES the 2012/2013 Service Delivery Plan for the Small Business Centre (North West Metro) Inc included as Attachment 1;

4.       NOTES confirmation of funding support for the Small Business Centre (North West Metro) Inc by the Small Business Development Corporation for the period 1 July 2012 to 30 June 2013 to the value of $144,678 (excluding GST);

5.       APPROVES the payment of $60,000 (excluding GST) to the Small Business Centre (North West Metro) Inc for 2012/2013 to support small business growth and development within the City of Wanneroo;  and

6.       ADVISES the Small Business Development Corporation and City of Joondalup of Council's decision.

 

 

 

Attachments:

1View.

Small Business Centre Service Delivery Plan 2012-13

12/130711

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   282


 


 


 


 


 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       288

Draft

City Businesses

Regulatory Services

3.10  Application To Keep More Than Two Dogs

File Ref:                                              2323V03 – 12/116522

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider seven applications for an exemption under section 26(3) of the Dog Act 1976 to keep more than two dogs.

 

Background

Clause 14 of the City of Wanneroo Animals Local Law 1999 (Amendment 2008 GG 508) stipulates:

 

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

 

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

 

b)      6 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated on a lot having an area of 4 hectares or more,

 

unless the premises are licensed as an approved kennel establishment or have been granted exemption pursuant to section 26(3) of the Dog Act and have planning approval under the town planning scheme.”

Detail

The following applications have been made under the Dog Act 1976 and are submitted for consideration:

 

Address of Applicants

Description of Dogs

20 Sandilands Circuit, Tapping

1. Female Sterilised tan Staffy X

2. Male Sterilised brindle Mastiff X

3. Female Unsterilised black & white Huntaway X

169 Santa Barbara Parade, Quinns Rocks

1. Male Unsterilised tan Staffy

2. Female Sterilised brindle Staffy

3. Male Unsterilised cream Staffy X

41 Casuarina Way, Wanneroo

1. Female Sterilised tan Pomeranian

2. Female Sterilised tan Pomeranian

3. Female Sterilised black & white Husky

10 Finke Bend, Yanchep

1. Male Unsterilised white American Bulldog

2. Female Unsterilised white American Bulldog

3. Female Unsterilised tan Pug X Beagle

73 Lagoon Drive, Yanchep

1. Male Sterilised tan Chihuahua X

2. Male Sterilised black & tan Jack Russell

3. Male Sterilised white & tan Jack Russell

3 Gardneri Way, Banksia Grove

1. Female Sterilised grey Siberian Husky

2. Female Sterilised black & white Siberian Husky

3. 3rd dog is yet to be purchased

18 Compar Road, Banksia Grove

1. Female Unsterilised brown & black Staffy X

2. Female Unsterilised tan Boxer X

3. Male Unsterilised white & black Staffy X

 

Rangers have inspected the aforementioned properties to ensure means exist on the premises at which the dogs will ordinarily be kept for effectively confining the dogs within the premises.

 

Address of Applicants

Property Zonings

Size of Properties

20 Sandilands Circuit, Tapping

Residential

603m2

169 Santa Barbara Parade, Quinns   Rocks

Residential

450m2

41 Casuarina Way, Wanneroo

Special Rural

15009m2

10 Finke Bend, Yanchep

Residential

592m2

73 Lagoon Drive, Yanchep

Residential

860m2

3 Gardneri Way, Banksia Grove

Residential

567m2

18 Compar Road, Banksia Grove

Residential

560m2

Consultation

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

 

On this occasion the following objections have been received:

 

Address of Applicant

Number of Objection Forms Received

20 Sandilands Circuit, Tapping

One

169 Santa Barbara Parade, Quinns Rocks

Nil

41 Casuarina Way, Wanneroo

Nil

10 Finke Bend, Yanchep

One

73 Lagoon Drive, Yanchep

Nil

3 Gardneri Way, Banksia Grove

Nil

18 Compar Road, Banksia Grove

Nil

Comment

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

 

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

 

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

 

Application One: 20 Sandilands Circuit, Tapping

 

The applicant is seeking permission from the City to keep three dogs at 20 Sandilands Circuit, Tapping.  The applicant would like to keep three dogs as their daughter moved back home with them in March 2012 after being involved in a serious car accident; their daughter owns two of the three dogs currently living at the property.

 

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs.  All fences are 1.8 metres in height with a gate of 1.8 metres in height in compliance with the residential requirements of the Dog Act 1976.  The dogs are kept in a small to medium sized yard and sleep in the house at night.

 

Upon consultation with neighbouring properties one objection was received regarding excessive barking. The complainant was sent the City's barking dog's procedure and 7-day diary; however when it came time to collect the diary the complainant advised that it had not been completed. On that basis the barking dog complaint was finalised in accordance with the requirements of the City's Barking Dog Procedure. The applicant addressed the complaint in the right of response saying that their dogs are locked in the house at night and that the arrangement of three dogs at the property will not be permanent as two of the dogs will move out when her daughter is well enough to live by herself. There is no other history relating to the keeping of dogs at this address.

 

It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

 

Application Two: 169 Santa Barbara Parade, Quinns Rocks

 

The applicant is seeking permission from the City to keep three dogs at 169 Santa Barbara Parade, Quinns Rocks.  The applicant would like to keep three dogs as she has recently moved in with her mother who already owns two dogs.

 

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs.  All fences are 2 metres in height with a gate of 1.8 metres in height in compliance with the residential requirements of the Dog Act 1976.  The dogs are kept in a medium sized yard and sleep in the house or in a kennel at night and no objections were received during the consultation process.

 

It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

 

Application Three: 41 Casuarina Way, Wanneroo

 

The applicant is seeking permission from the City to keep three dogs at 41 Casuarina Way, Wanneroo.  The applicants would like to keep three dogs as they came across a dog in the City of Wanneroo Animal Care Centre that needed a loving home and they have previously had three dogs on their property for six years.

 

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs.  All fences are 1.8 metres in height with a gate of 1.4 metres in height in compliance with the residential requirements of the Dog Act 1976.  The dogs are kept in a large sized yard and sleep in the house at night and no objections were received during the consultation process.

 

It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

 

Application Four: 10 Finke Bend, Yanchep

 

The applicant is seeking permission from the City to keep three dogs at 10 Finke Bend, Yanchep.  The applicant would like to keep three dogs as her third dog has lived with the family for the past two years and has been brought up with her other two dogs.

 

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs.  All fences are 2 metres in height with a gate of 2 metres in height in compliance with the residential requirements of the Dog Act 1976.  The dogs are kept in a medium sized yard and sleep in the house at night.

 

Upon consultation with neighbouring properties one objection was received regarding excessive noise, however no barking dog complaints have been lodged with the City against the property.


 

The applicant addressed the complaint in the right of response saying that she has not had any complaints brought to her attention since she moved into the property in December 2010. She acknowledges that her dogs do bark occasionally; however she would not describe it as excessive.

 

A check of the City’s records reveals that prior to this application being made; no previous complaints have been lodged with Regulatory Services.

 

It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

 

Application Five: 73 Lagoon Drive, Yanchep

 

The applicant is seeking permission from the City to keep three dogs at 73 Lagoon Drive, Yanchep.  The applicant would like to keep three dogs as she bought the Jack Russell puppy for her four year old daughter to teach her how to care for an animal and so that they could grow up together.

 

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs.  All fences are 1.8 metres in height with a gate of 2.0 metres in height in compliance with the residential requirements of the Dog Act 1976.  The dogs are kept in a large sized yard and sleep in the house at night and no objections were received during the consultation process.

 

It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

 

Application Six: 3 Gardneri Way, Banksia Grove

 

The applicant is seeking permission from the City to keep three dogs at 3 Gardneri Way, Banksia Grove.  The applicant would like to keep three dogs as she already owns two Siberian Huskies and would like to adopt a third husky puppy to train in dry land sledding activities.

 

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs.  All fences are 1.8 metres in height with a gate of 1.3 metres in height in compliance with the residential requirements of the Dog Act 1976.  The dogs are kept in a medium sized yard and sleep in the shed and backyard at night and no objections were received during the consultation process.

 

It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

 

Application Seven: 18 Compar Road, Banksia Grove

 

The applicant is seeking permission from the City to keep three dogs at 18 Compar Road, Banksia Grove.  The applicant would like to keep three dogs as his partner; her son and her dog are planning to move in with him.

 

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs.  All fences are 1.8 metres in height with a gate of 1.8 metres in height in compliance with the residential requirements of the Dog Act 1976.  The dogs are kept in a medium sized yard and sleep outside at night and no objections were received during the consultation process.

 

It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

Statutory Compliance

The exemptions sought to Council’s Animals Local Law 1999 are permissible under Section 26(3) of the Dog Act 1976.

 

Strategic Implications

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

 “2     Social

2.4    Improve community safety

 

2.4.3    Develop and implement a range of activities that promote community                       inclusiveness, safety and well being.”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

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 the property at:

20 Sandilands Circuit, Tapping;

169 Santa Barbara Parade, Quinns Rocks;

41 Casuarina Way, Wanneroo;

10 Finke Bend, Yanchep;

73 Lagoon Drive, Yanchep;

3 Gardneri Way, Banksia Grove, and

          18 Compar Road, Banksia Grove.

2.       ADVISES that the exemption 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.

 

 

 

Attachments: Nil  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       294

Draft

Property

3.11  Proposed Sub-Lease of Jindalee Beach Kiosk, Crown Reserve 20561, Jindalee

File Ref:                                              7302 – 12/119682

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider a Sub-Lease of Jindalee Beach Kiosk, Crown Reserve 20561, Jindalee to Hutton Holdings W.A. Pty Ltd.

 

Background

The Jindalee Beach Kiosk (Kiosk) is currently under construction. The Kiosk is located on part of Lot 502 on Deposited Plan 69500 being the whole of the land comprised in Certificate of Title Volume LR3160 Folio 642.

 

Crown Reserve 20561 is a category “C” reserve and vested in the City for “Recreation & Purposes Incidental thereto” under a Management Order with power to lease for a term not exceeding 21 years, subject to the consent of the Minister for Lands.

 

The Jindalee area was the subject of a Foreshore Management Plan (The Plan), dated February 2006 which stated that a kiosk or cafe would be an appropriate use of the land forming the Jindalee beach node. The Plan was adopted by Council on 13 December 2005 (PD04-12/05) and the Western Australian Planning Commission (WAPC) on 20 May 2006.

 

The Kiosk building was designed in consultation between the City and the project manager of the Jindalee area, Heath Development Company (HDC) and will contain a beach kiosk, public ablutions and a space capable of being utilised by Surf Life Saving Australia (SLSA) if required in the future. The kiosk and associated facilities are contained within Lot 502 which comprises a total area of 563m2 being the land which the lessee has leased as vacant land to undertake the development. A development application, lodged by Finley & Rumble Architects was approved by the City in 2010.

 

Carine Nominees Pty Ltd, Belgravia Pty Ltd and Penhurst Nominees Pty Ltd are the owners and developers of the kiosk and are funding the construction of the venture.  HDC is the project manager of the Jindalee Beachside Estate and has the authority to obtain all necessary approvals on behalf of Carine Nominees Pty Ltd, Belgravia Pty Ltd and Penhurst Nominees Pty under HDC's project management agreement.

 

A report was presented to Council at its Ordinary Meeting of 19 October 2010 (CS06-10/10) outlining a proposal to enter into an Agreement to Lease and Lease for the Jindalee Beach Kiosk for a term of five (5) years with a five (5) year option.

 

Council resolved as follows:

 

“That Council:-

 

1.       NOTES and supports in principle the Agreement for Lease and Lease to Carine Nominees Pty Ltd, Belgravia Pty Ltd and Penhurst Nominees Pty Ltd for the land to be excised from Reserve 48306 for the purpose of developing the Jindalee Beach Kiosk;

 

2.       AUTHORISES the Chief Executive Officer to publish a local public notice of its intention to enter into the Agreement to Lease and Lease in 1 above, in accordance with the requirements of section 3.58(3) of the Local Government Act 1995; and

 

3.       NOTES that a further report will be presented to Council at the conclusion of the two week public notice period in 2, above. “

 

A further report was presented to Council at its Ordinary Meeting of 14 December 2010 (CS12-12/10) following the expiration of the public notice period requesting the approval to enter into an Agreement to Lease and Lease for the Jindalee Beach Kiosk for a term of five (5) years with a five (5) year option.

 

Council resolved as follows:

 

That Council:-

1.       NOTES that no submissions or comments were received in response to the local public notice placed in the Wanneroo Times on Thursday 18 November 2010 outlining the proposed Agreement to Lease and Lease to Penhurst Nominees Pty Ltd, Carine Nominees Pty Ltd and Belgravia Pty Ltd;

2.       APPROVES the entering into an Agreement for Lease and Lease with Penhurst Nominees Pty Ltd, Carine Nominees Pty Ltd and Belgravia Pty Ltd for 588m2 of Reserve 48306 (which will be excised and included in Reserve 20561) for the purpose of developing and then running the Jindalee Beach Kiosk for a term of five (5) years with an option to renew for a further five (5) years; and

3.       AUTHORISES the Mayor and Chief Executive Officer to affix the common seal of the City of Wanneroo and execute an Agreement for Lease and a Lease between the City and Penhurst Nominees Pty Ltd, Carine Nominees Pty Ltd and Belgravia Pty Ltd.

The proposal allowed the developer (or its related companies) to construct the building pursuant to an Agreement to Lease with the City and then lease the land from the City for a period of 5 years with a 5 year option. The premises are currently leased under an Agreement to Lease as vacant land with the lessee responsible to construct and develop the building. Practical completion of the development will result in the commencement of the lease agreement between the City and the lessee. At the expiration of the land lease, the lessee is required to hand the 563m2 portion of land that contains the kiosk building back to the City for management.

 

In March 2012, HDC wrote to the City requesting consent for the lessee (Penhurst Nominees Pty Ltd, Carine Nominees Pty Ltd and Belgravia Pty Ltd) to sub-lease a portion of the leased premises to Hutton Holdings W.A. Pty Ltd (HH), trading as Chippy’s Fish Cafe (Chippy’s). The proposed sub-lease includes the kiosk and public ablutions. The 68.37m2 area of the building reserved for future SLSA occupation and the portion of the boardwalk that is located to the south-west of the SLSA area are not contained within the proposed sub-let area (refer to the cross hatched area in Attachment 1 that is excluded from the sub-lease).

 

HDC has carried out due diligence on the proposed sub-lessee and is satisfied that the business would suit the requirements of the Kiosk. HDC has provided information from Letizia Palmer Chartered Accountants that confirms the proposed sub-lessee’s financial viability. In addition, the proprietor of HH has been self employed and operating successful businesses for 13 years. HH is currently operating two other similar successful business ventures in the northern suburbs. These businesses commenced 10 years ago and turnover is in excess of $2 million per annum.

 

A Sub-lease has been prepared by an external solicitor, Solomon Brothers on behalf of HDC which includes the disclosure requirements of the Commercial Tenancy (Retail Shops) Agreements Act 1985 between the proposed sub-lessor and sub-lessee.

Detail

Under the City’s current Tenancy Policy, the proposed sub-lease is categorised as a “commercial” tenancy.

 

The essential terms of the proposed sub-lease between the proposed sub-lessor and the  proposed sub-lessee are to conform to the terms of the lease, now referred to as the head lease except for the rental payment, actual leased area and tenure term. The following essential sub-lease terms are subject to Council and the Minister for Lands approval:

 

Sub-Let Premises

Jindalee Beach Kiosk including the public ablutions but excluding the 68.37m2 space reserved for the SLSA and the portion of boardwalk cross hatched on the plan  (refer Attachment 1)

Head Lessor

City of Wanneroo

Sub-Lessor

Carine Nominees Pty Ltd, Belgravia Nominees Pty Ltd and Penhurst Nominees Pty Ltd

Sub-Lessee

Hutton Holdings W.A. Pty Ltd, trading as Chippy’s Fish Cafe

Sub-Lease Term

Four (4) years and Three Hundred and Sixty Four (364) days after the commencement date

Sub-Lease Option Term

Five (5) years

Lease Rental to the Sub-Lessor

$30,000.00 per annum

Permitted Purpose

Kiosk

Rates, Taxes and Outgoings

The sub-lessee will be responsible for all costs and expenses incurred or payable by the sub-lessor including rates (including Council rates & Water rates), taxes, assessments, impositions and outgoings for water consumption, electricity, gas, and telephone/broadband used in relation to the sub-leased premises whether billed directly or otherwise. 

Insurances

The sub-lessee will be responsible for all insurances effected by the sub-lessor including building, plate glass and Public Liability Insurance

Maintenance of Premises

Sub-lessee responsibility

Cleaning

Sub-lessee responsibility

 

Formal commercial sub-lease documentation has been prepared by Solomon Brothers which includes the disclosure requirements of the Commercial Tenancy (Retail Shops) Agreements Act 1985 (the Act).

 

The Head lease is a land lease and therefore that agreement does not fall under the jurisdiction of the Act.


 

However, Clause 15.5 of the head lease provides the lessee with the ability to sublet the whole or any part of the premises after obtaining the written consent of the City whose consent shall not be unreasonably withheld subject to certain financial requirements and obligations being met by the lessee.

Consultation

The essential terms of the proposed sub-lease have been prepared by Solomon Brothers in consultation with the proposed sub-lessor. This document is in the process of being reviewed by the City's external solicitor, Kott Gunning and any required changes deemed necessary will be referred back to the proposed sub-lessor.

 

State Land Services on behalf of the Minister for Lands has granted consent and formally stamped the executed Agreement to Lease and Lease. However, at this stage it has not granted in-principle consent to the proposed sub-lease pursuant to Section 18(2) of the Land Administration Act 1997. The City has lodged a draft of the sub-lease with State Land Services for their consideration and is awaiting a formal response.

Comment

Discussions have been held with the sub-lessor's representative, HDC who have extensive experience in land development and project management. HDC has provided suitable information detailing the proposed sub-lessee’s financial security, experience and business acumen in administering the running of two other similarly successful business ventures in the northern suburbs.

 

Based on the written information provided and supporting verbal discussions with HDC, Administration supports the proposed sub-lease which is in keeping with the intention of the original Foreshore Management Plan.  The use of the kiosk to serve food such as fish and chips, burgers, ice creams and hot and cold beverages will compliment the location and the demographics of those who reside in Jindalee and the neighbouring suburbs.

 

The proposed sub-lease will not affect the terms of the head lease. Under the terms of the head lease, the lessor has agreed to remain responsible for the building until the expiration of the lease term. The head lease ensures that the City has no responsibility for maintenance and repairs to the premises whilst still receiving an income of $14,000 (plus GST) per annum as per the original lease as adopted in 2010. The proposed sub-lease provides the proposed sub-lessee to pay the proposed sub-lessor an annual rent of $30,000 per annum.

 

The City will take possession of the building and land upon expiration of the head lease and the proposed sub-lease.

Statutory Compliance

In relation to the sub-lease, the Commercial Tenancy (Retail Shops) Agreements Act 1985 requires a minimum term of five (5) years in total and a disclosure statement.

 

Strategic Implications

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

 “3     Economic

3.2    Support business and initiatives

 

Policy Implications

The proposed sub-lease is in accordance with the City’s Tenancy Policy.

Financial Implications

All costs associated with the preparation and execution of the proposed sub-lease is to be borne by the sub-lessee.

 

The sub-lease will have no impact on the City’s financial position as all existing head lease requirements, including the payment of rent remain unchanged.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the Sub-lease of a portion of Lot 502 (99L) Jindalee Boulevard, Jindalee to Hutton Holdings WA Pty Ltd for a term of Four (4) years and Three Hundred and Sixty Four (364) days together with an option to renew for a further five (5) years subject to the Minister for Lands approval; and

2.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to execute a Sub-Lease between the Sub-Lessor (Penhurst Nominees Pty Ltd, Carine Nominees Pty Ltd, and Belgravia Pty Ltd) and the Sub-Lessee (Hutton Holdings WA Pty Ltd) and the City of Wanneroo.

 

 

Attachments:

1View.

Attachment 1 - Proposed Sub-Lease area

12/91926

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       298


3.12  Proposed Lease to Andrew Chai over a portion of Crown Reserve 44878, Kingsway Indoor Stadium, 130 Kingsway, Madeley

File Ref:                                              7305 – 12/120179

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider affixing the Common Seal of the City of Wanneroo and entering into a commercial lease over a portion of Crown Reserve 44878, Kingsway Indoor Stadium, 130 Kingsway, Madeley with Andrew Chai for the provision of a multi-purpose Pro-Shop.

 

Background

The Kingsway Indoor Stadium (KIS) is located on Crown Reserve 44878, Lot 12652, Madeley (Deposited Plan 219362) being the whole of the land comprised in Certificate of Title Volume LR3084 Folio 224.

 

Crown Reserve 44878 is vested in the City for the purpose of “Sports Stadium” under a Management Order, issued by the Minister for Lands, with the power to lease for a term not exceeding 35 years, subject to the consent of the Minister for Lands.

 

The KIS was officially opened on 19 October 1997 and was developed by the Wanneroo Districts Netball Association (WDNA) with financial assistance from the City and a grant from the Department of Sport & Recreation (DSR).  The Commonwealth Bank of Australia held security over the lease for the funds extended to the WDNA for its contribution.  In 1999 the WDNA could not meet its facility management obligations and as a result Council approved the surrender of the lease and sought expressions of interest for the leasing of the KIS.

 

The lease was subsequently awarded to the Badminton Association of Western Australia (BAWA) in 2000 for a period of 35 years with expiration due on 9 January 2035.  Under the terms of the lease the BAWA were responsible for the payment of all rates and taxes, building maintenance, operating costs and the payment of rent.  However, following a review of the BAWA by the DSR in November 2005, it was ascertained that responsibility for the management of the Stadium put the BAWA in an untenable position where total liabilities exceed total assets. The City assumed full responsibility of the stadium on 1 January 2007 which provided the City with the opportunity to provide a community recreation facility accommodating a wide range of sport and leisure activities for local residents. The KIS has since become a premier facility for indoor sports including AFL, soccer, netball and badminton.

 

In February 2011, the City received written correspondence from two separate parties associated with the KIS regarding the possibility of converting a 12.5m2 storeroom (Attachment 1 refers) at the KIS into a multi-purpose Pro-Shop. This storeroom, which is currently not utilised, previously housed a Pro-Shop when the stadium was leased to the BAWA.

 

Given the limited space and market appeal of the space, the City undertook an informal Expression of Interest Process (EOI) advertised at the KIS to qualify the most suitable applicant to enter into private treaty lease negotiations with the City.

 

Advertisement posters calling for EOI submissions from those interested in establishing and operating a multi-purpose Pro-Shop were displayed in the reception area of the KIS building.

 

The EOI process commenced 30 April 2012. The closing date for submissions to be received at the City’s Administration building was 18 May 2012 at 4.30pm.

 

The EOI resulted in one formal submission being received from Andrew Chai. The sole applicant proposes to trade under the name of “AC Sports Pro-Shop”. Following the evaluation of the submission a report was presented to Council on 24 July 2012 (CB02-07/12) identifying the candidate and seeking approval to advertise the proposed disposition (lease).

 

Council resolved as follows:

 

          "That Council:-

 

          1.       AGREES in principle to the leasing of an area of 12.5m2 over a portion of Crown Reserve 44878, 130 Kingsway, Madeley to Andrew Chai on a commercial basis subject to the requirements of Section 3.58(3) of the Local Government Act 1995, the Commercial Tenancy (Retail Shops) Act 1985 and the consent of the Minister for Lands;

          2.       AUTHORISES the Chief Executive Officer to publish a local public notice of its intention to enter into the Lease as per recommendation 1 above;

          3.       NOTES the income budget for the Kingsway Indoor Stadium will be increased by $3,000.00 per annum in recognition of the increased income projected for 2012/13;

          4.       NOTES that subject to no submissions being received in response to the local public notice in recommendation 2 above, the Chief Executive Officer has  delegated authority to approve the Lease detailed in recommendation 1 above in accordance with Section 3.58 of the Local Government Act 1995 and Delegation No. 1.14 to Andrew Chai for a period of three (3) years with a two (2) year option; and

          5.       NOTES that if any submissions or comments are received in response to the local public notice in recommendation 2 above, a further report will be presented to Council for consideration."

Pursuant to the City's Execution of Documents Policy a lease is a Category 1A document and requires a specific resolution of Council to affix the seal. Council Resolution CB02-07/12 of 24 July 2012 did not address this requirement.

Detail

A public notice was placed in the Wanneroo Times and North Coast Times on Tuesday 31 July 2012 detailing the terms of the proposed Lease as follows:

 

Lessee:                                   Andrew Chai trading as "AC Sports Pro-Shop".

 

Property:                       Portion of 130 Kingsway, Madeley being a storeroom of an area of approximately 12.5m2.

 

Term:                                      Three (3) years with the option of an additional two (2) year term.

 

Rental:                          $3,600.00 per annum (plus GST) inclusive of all outgoings and annual CPI review.

 

Market Valuation:         $288.00 per m2 (plus GST) inclusive of all outgoings.

 

 

A formal commercial lease has been prepared by the external solicitor Kott Gunning which includes the disclosure requirements of the Commercial Tenancy (Retail Shops) Agreements Act 1985.

In addition, the proposed lessee will be responsible for the fit out of the building and any fees associated with the relevant development applications and building approvals required.

State Land Services, on behalf of the Minister for Lands has granted in-principle consent to the draft lease, pursuant to Section 18(2) of the Land Administration Act 1997.

In addition, the land is reserved as Parks and Recreation under the Metropolitan Regional Scheme (MRS). As the City is leasing a portion of the premises and the lessee is proposing a change of land use to a Pro-Shop, the lessee will require planning approval for the proposed change of land use.

Consultation

Nil

Comment

The Public Notice advertised in the Wanneroo Times and North Coast Times on Tuesday 31 July 2012 closed at 4.30pm on Tuesday 14 August 2012. No submissions or comments were received and therefore Administration recommends that the proposed lease be approved based on Council's in principle support at its Ordinary Meeting on 24 July 2012 (CB02-07/12).

 

Pursuant to the City's Execution of Documents Policy a lease is a Category 1A document and requires a specific resolution of Council to affix the seal. Council Resolution CB02-07/12 of 24 July 2012 did not address this requirement.

Statutory Compliance

The Public Notice advertisement complies fully with the requirements under the following sections of the Local Government Act 1995 with respect to the disposition:

 

Section 3.58(3) of the Local Government Act 1995 states:

“A local government can dispose of property (including leasing) other than by public tender or auction if, before agreeing to dispose of the property:       

(a)     It gives a local public notice of the proposed disposition –

(i)      describing the property concerned;

(ii)      giving details of the proposed disposition; and

(iii)     inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given.”

 

Section 3.58(4) of the Local Government Act 1995 states:

The details of a proposed disposition that are required by subsection (3)(a)(ii) include:

(a)     the names of all other parties concerned;

(b)     the consideration to be received by the local government for the disposition; and

(c)     the market value of the disposition –

(i)      as ascertained by a valuation carried out not more than 6 months  before the proposed disposition”.

 

 

In addition, the lease tenure complies with the requirement of the Commercial Tenancy (Retail Shops) Act 1985 whereby a minimum term of five (5) years is applicable along with a disclosure statement.

Strategic Implications

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

 “2     Social

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

 

          Economic

3.2     Support business & initiatives”

Policy Implications

Under the City's current Tenancy Policy the lease is considered "commercial" and the terms are therefore by negotiation (At Market Value).

Financial Implications

The proposed Lease will generate an annual income stream to the City of $3,600.00 gross per annum inclusive of outgoings plus GST.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES that no submissions or comments were received in response to the local public notice placed in the Wanneroo Times and North Coast Times on Tuesday 31 July 2012 outlining the proposed commercial Lease to Andrew Chai;

2.       APPROVES the lease of a 12.5m2 portion of Crown Reserve 44878, 130 Kingsway, Madley to Andrew Chai for the purpose of a Pro-Shop for a period of three (3) years with a two (2) year option subject to the requirements of Section 3.58(3) of the Local Government Act 1995, the Commercial Tenancy (Retail Shops) Act 1985 and the consent of the Minister for Lands; and

3.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo and execute the Lease between the City and Andrew Chai, trading as AC Sports Pro Shop.

 

 

 

Attachments:

1View.

Lease and Common area sketch

12/120216

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   304


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       306

3.13  Proposed Excision and Purchase of a portion of Crown Reserve 45553, Hidden Valley Park, Clarkson

File Ref:                                              7410 – 12/85281

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the proposed excision and purchase of a 945m2 (subject to survey) portion of Crown Reserve 45553, Hidden Valley Park, Clarkson for disposal to Western Power Corporation (WPC) for the purpose of expanding its existing Clarkson sub-station to power the northern rail extension to Butler.

 

Background

Hidden Valley Park is located at 10 Hidden Valley Retreat, Clarkson, Crown Reserve 45553, Lot 501 on Deposited Plan 57658 being the whole of the land contained in Certificate of Title Volume LR3148 Folio 307.

 

Crown Reserve 45553 was created in 1999 under Section 20A of the now repealed Town Planning and Development Act 1928 and vested in the City for Public Recreation purposes. The City does not have the power to lease on this reserve. The reserve currently contains a large number of grass trees and a bitumen path linking Hidden Valley Retreat to Holwell Gardens in the south-east. In addition there is a small park located to the south abutting Walyunga Boulevard. Due north and north-east is a dense area of scrub and bush trees, access to which is provided by a bush track and fire break.

 

Located to the north-west of the subject reserve is Lot 476 on Deposited Plan 83176. Lot 476 is legally described as 24 Hidden Valley Retreat, Clarkson being the whole of the land contained in Certificate of Title Volume 1959 Folio 895. This is fee-simple land owned by the WPC and contains a sub-station.

 

The City received a written request from the WPC in April 2012 to purchase an approximate 945m2 portion of Lot 501, Crown Reserve 45553 abutting the north-western boundary of Lot 476 for the purpose of extending the existing Clarkson sub-station that is currently contained within Lot 476 (refer to Attachment 1)

 

The primary driver for this proposal to the WPC is the Public Transport Authority (PTA). The proposed 945m2 excision (refer to Attachment 2) is required to meet the PTA's request for a 132kV rail traction supply from the sub-station contained on Lot 476 for its northern rail extension. The PTA requires a supply to a proposed new traction sub-station at Nowergup rail yard, 800 meters north of the WPC’s Clarkson sub-station. The Nowergup traction sub-station will be constructed as part of the PTA’s $240 million Butler Extension Project, which will extend the Joondalup Line from Clarkson to Butler.

 

The 945m2 portion of Crown Reserve 45553 land proposed to be excised and purchased by the WPC is currently zoned as ‘Railways’ under the Metropolitan Region Scheme (MRS) and 'Railways' in the City of Wanneroo District Planning Scheme No. 2 (DPS 2). No portion of the area to be excised from Crown Reserve 45553 encroaches onto that part of the reserve zoned 'Parks and Recreation' and has no impact on the 10% Public Open Space (POS) requirements for the surrounding subdivision.  The existing Clarkson sub-station contained within Lot 476 is zoned ‘Urban and Railways’ in the MRS and ‘Public Use and Railways’ in the DPS 2.

 

 

The land to be purchased is for the purpose of extending the existing sub-station site located on a portion of Lot 476. This lot is zoned ‘Urban’ in the MRS and ‘Local Scheme Reserve – Public Purpose’ in the DPS 2. 

 

The WAPC has notified the City that an amendment to the MRS will be proposed to rationalise the current MRS railways reservation by way of omnibus amendment and therefore there is no requirement for the City's Planning unit to submit a separate report for a scheme amendment.

 

On 3 October 2012 the WPC notified the City in writing that it may need to access the 945m2 of Crown Reserve 45553 proposed for excision in mid-November 2012 to commence civil works in order to meet the PTA's strict timelines for the electrification of the railway. These civil works may include levelling, retaining and trenching to allow the installation of underground cables. The WPC has advised the City that when the timing of the proposed works is confirmed it will issue a "Notice of Entry" under Sections 28 & 49 of the Energy Operators (Powers) Act 1979.

Detail

The WPC has stated that its policy is to purchase the required 945m2 of Crown Reserve 45553 for the extension of the Clarkson sub-station rather than lease. Therefore the City seeks excision and purchase of the subject land in compliance with the requirements of Section 152 of the Planning and Development Act 2005.

 

Hidden Valley Park, Crown Reserve 45553, currently comprises an area of 21,798m2. By excising approximately 945m2, an area of 20,853m2 will remain for the purpose of public recreation.

 

An application is required to be made to the Department of Regional Development & Lands (DRDL) to excise the said portion of Hidden Valley Park from Crown Reserve 45553 and for the City to purchase the 945m2 excised area of land and subsequently dispose of the land to the WPC. The DRDL will appoint the City’s preferred surveyor to create the necessary Deposited Plan required to be lodged at Landgate.

 

The DRDL received an indicative valuation from Landgate Valuation Services on 12 October 2012 of $154,000 (including GST) for the 945m2 portion of Hidden Valley Park. Under Section 86 of the Land Administration Act 1997 and subject to the Crown Land DRDL guidelines for Section 152 reserves, the City will then be required to pay 5% of the market value determined by the Valuer General ($7,700 including GST) to the DRDL to acquire the 945m2 of  land as a standalone lot.

 

An updated valuation will be obtained from the Valuer General and the 945m2 portion of Hidden Valley Park will then be sold by private treaty in accordance with Section 3.58(3) of the Local Government Act 1995.

 

Administration recommends that the City enter into a conditional contract for sale with the WPC for its proposed purchase of the 945m2 portion of Hidden Valley Park at the market value determined by the Valuer General before proceeding with the excision and purchase of the subject land. This will ensure a commitment to purchase exists before the excision is processed and additionally a sale will transfer the benefits and liabilities to the WPC.

 

The essential terms of the contract will be:

 

1.   That the WPC agree to purchase a 945m2 portion (subject to survey) of Hidden Valley Park, Crown Reserve 45553, 10 Hidden Valley Retreat, Clarkson at the market value determined by the Valuer General which will be subject to:

 

a)   The City’s successful application for excision of a 945m2 portion (subject to survey) of Hidden Valley Park, Crown Reserve 45553, 10 Hidden Valley Retreat, Clarkson and purchase of the land from the Minister for Lands; and

 

2.   The WPC being responsible for the full costs associated with the applications for excision and purchase of the freehold 945m2 portion (subject to survey) of Hidden Valley Park, Crown Reserve 45553, 10 Hidden Valley Retreat, Clarkson by the City from the Minister for Lands.

 

Following the WPC's notification that it may issue a "Notice of Entry" in mid-November 2012 under Sections 28 & 49 of the Energy Operators (Powers) Act 1979 to access the 945m2 of land proposed for excision to commence civil works, the City has confirmed with the WPC that it will indemnify the City under the following sections of the Energy Operators (Powers) Act 1979:

 

·    Section 50 requires the WPC to mitigate damage and inconvenience due to its entry;

 

·    Section 120 would entitle the City to have damage due to entry and works made good or adequate compensation paid; and

 

·    Section 121 allows the City to take action for damages attributable to negligence.         

 

The City will also be indemnified from a public liability perspective under the following sections of the Occupiers' Liability Act 1985 should the WPC enter the reserve by issuing a "Notice of Entry":

 

·    Section 5(1) requires an occupier to take reasonable care to ensure a person entering the premises does not suffer injury or damage due to dangers due to the state of the premises or anything done or omitted to be done by the occupier;

 

·    Section 5(2) provides that the occupier is not liable for risks willingly assumed by the entrant but still owes a duty not to create a danger by reckless disregard for the presence of the entrant; and

 

·    Section 5(4) sets out the calculus of matters to be taken into account in deciding if the occupier has discharged its responsibility.

Consultation

The DRDL has advised that the Minister for Lands has granted In-principle consent to the proposed excision, purchase and disposal of the said land.

 

Public consultation of 35 days is required for the cancellation of the 945m2 portion of Crown Reserve 45553 in compliance with the requirements of Section 152 of the Planning and Development Act 2005. Consultation requires:

 

·    Advertising in a locally circulated paper;

 

·    Notification letter to residents and/or businesses in the surrounding vicinity of the reserve;

 

·    An onsite site advertising the proposed excision; and

 

·    Seek WAPC comment to the proposal.

 

 

The WAPC has written to the City confirming that the proposed excision of the land from Crown Reserve 45553 is acceptable and stated that an amendment to the MRS will be proposed at a later date to rationalise the current MRS railways reservation by way of omnibus amendment.

 

The disposal of the 945m2 portion of Crown Reserve 45553 will be in accordance with Section 3.58(3) of the Local Government Act 1995:

 

·        Section 3.58(3) of the Local Government Act 1995 states:

“A local government can dispose of property (including leasing) other than by public tender or auction if, before agreeing to dispose of the property:       

(a)     It gives a local public notice of the proposed disposition –

(i)      describing the property concerned;

(ii)      giving details of the proposed disposition; and

(iii)     inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks (14 days) after the notice is first given.”

 

It is proposed that the City will undertake the required advertising for the excision and disposal of the said land simultaneously.

Comment

Given the large areas of public open space within Clarkson and neighbouring suburbs, Administration considers it acceptable to excise the portion of the undeveloped park to facilitate the proposed expansion of the Clarkson sub-station in order to aid the extension of the public transport train network within the northern suburbs. Administration has identified that the use of the 945m2 portion of land proposed for excision does not incorporate a high level of public recreation or use on a day to day basis.

 

Under Section 152 of the Planning and Development Act 2005, DRDL Guidelines the City must apply the proceeds of sale to other public recreational reserves located in the general locality and a separate trust fund must be established to show how the proceeds of sale have been applied. Consideration will be given to the upgrade of the remaining reserve and other local reserves or amenities from the funds. Engagement with the community will be undertaken as to where and to what purpose the funds are likely to be expended and this will be the subject to a further report to Council. Thus this proposed land sale will provide a positive outcome for the local community via the reinvestment of funds realised.

 

Should the WPC enter Crown Reserve 45553 by issuing a "Notice of Entry" under Sections 28 & 49 of the Energy Operators (Powers) Act 1979 then the City is adequately indemnified under Sections 50, 120 & 121 of the Energy Operators (Powers) Act 1979 and Section 5 of the Occupiers' Liability Act 1985.

 

Statutory Compliance

 

The excision and purchase of the portion of Hidden Valley Park will be subject to Section 86 of the Land Administration Act 1997 and subject to the Crown Land DRDL Guidelines for Section 152 reserves.

 

The disposal of the 945m2 portion of Crown Reserve 45553 will be in accordance with Section 3.58(3) of the Local Government Act 1995.

 

 

Strategic Implications

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

 “4     Governance

4.1    Improve strategic partnerships

 

Policy Implications

Nil

Financial Implications

The City is able to purchase the 945m2 portion of Hidden Valley Park, Crown Reserve 45553 at 5% of the unimproved market value and sell to the WPC at the market value. The DRDL has provided an indicative value of $154,000 (including GST). This is subject to Council approval, survey requirements and the most recent market valuation determined by the Valuer General. The City will be required to pay ($7,700 including GST) to purchase the property as a standalone lot for disposal by private treaty to the WPC under a Contract of Sale for the full market value determined by the Valuer General.

 

The funds received from the sale of the said portion of Hidden Valley Park may be directed to be expended within the local area to upgrade existing facilities and parks.

 

The process for excision, purchase and disposal of portion of Hidden Valley Park, Crown Reserve 45553 will not involve major expenditure by the City and will be subject to the WPC meeting the full costs associated with the proposed purchase.

Voting Requirements

Simple Majority

 

Recommendation

That Council :-

 

1.       NOTES that under Sections 28 & 49 of the Energy Operators (Powers) Act 1979 Western Power Corporation may issue a Notice of Entry on the 945m2 portion of Crown Reserve 45553 to commence civil works for the electrification of the railway to Butler;

2.       APPROVES the ENTERING into a conditional contract of sale of land with Western Power Corporation for the purchase of a 945m2 portion (subject to survey) of Crown Reserve 45553, Hidden Valley Park, 10 Hidden Valley Retreat, Clarkson at market value determined by the Valuer General plus GST if applicable;

3.       AUTHORISES the Chief Executive Officer to publish a local public notice of the City of Wanneroo's intention to enter into a conditional contract of sale with Western Power Corporation subject to the requirements of Section 152 of the Planning and Development Act 2005 Department of Regional Development and Lands Guidelines and Section 3.58(3) of the Local Government Act 1995;

 

 

 

4.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo, and execute a conditional contract of sale of land between the City and Western Power Corporation;

5.       SUBJECT to Western Power Corporation entering into a conditional contract of sale of land with the City of Wanneroo, AUTHORISES the excision and purchase of a 945m2 portion (subject to survey) of Crown Reserve 45553, Hidden Valley Park, 10 Hidden Valley Retreat, Clarkson at 5% unimproved market value determined by the Valuer General plus GST if applicable; and

6.       NOTES a further report will be presented to Council with any submissions to the advertisements for the excision, purchase and disposal of the portion of Crown Reserve 45553 and detailing the negotiated sale of the 945m2 portion of Hidden Valley Park.

 

 

 

Attachments:

1View.

Sketch: Proposed Substation excision

12/124538

 

2View.

Western Power proposed use of land

12/125001

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   311


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   312


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       314

3.14  Proposed Lease to Wanneroo Agricultural Society (Inc) over a portion of the Wanneroo Showgrounds, Crown Reserve 12990, Wanneroo

File Ref:                                              8380 – 12/128388

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider a lease over the newly constructed Wanneroo Agricultural Poultry Shed located on a portion of Crown Reserve 12990, 21L Ariti Avenue, Wanneroo to the Wanneroo Agricultural Society Inc (WAS) for the purpose of storage and the ability to conduct one annual show.

 

Background

The newly constructed Wanneroo Agricultural Poultry Shed located at the Wanneroo Showgrounds is located on a portion of Crown Reserve 12990, Lot 501 on Deposited Plan 55751 being the whole of the land comprised in Certificate of Title Volume LR3147 Folio 366.

 

Crown Reserve 12990 is a category “C” reserve vested in the City for “Recreation” under a Management Order with power to lease for a term not exceeding 21 years, subject to the consent of the Minister for Lands.

 

The original 400m2 Wanneroo Agricultural Poultry Shed was severely damaged by fire on 30 March 2011 as a result of arson at the site. Subsequently the building was demolished with the City receiving an insurance settlement totalling a sum of $230,830. The original facility was exclusively used by the WAS for numerous years for the storage of poultry equipment and for the display of poultry during the annual Wanneroo Show. There was no formal hire agreement or lease in place during the WAS previous tenure which is not in line with the City's current Tenancy Policy.

 

A report was presented to Council at its Ordinary Meeting of 28 June 2011 (CD05-06/11) to expend the insurance settlement funds received for the original building on a new replacement.

 

Council resolved as follows:

 

          "That Council:-

         

1.   ENDORSES the expenditure of the insurance settlement of $230,830 for the replacement of the Wanneroo Showgrounds Poultry Pavilion (PR-2283)"

 

Following demolition and professional fee costs the City received an insurance payment of $210,500.

 

The original Tender No. 01124 of July 2011 provided for the construction of a steel portal framed shed measuring 24m long x 16m wide. The original tender was terminated on 22 June 2012 as the contractor had made little progress with the project.

 

A second tender, Tender No. 001214 was undertaken in July 2012 and the successful applicant has completed the required works for a total sum of $219,102.50. The new building was practically completed on 29 October 2012.

 

 

 

The WAS has a long standing relationship with the City and has been bringing together local history, agriculture, horticulture and entertainment to form what has become the state's largest Regional Agricultural Show and the premier event within the Wanneroo area since 1909. The WAS was initially created in the early twentieth century to assist in developing the small community of agricultural growers in Wanneroo and has therefore played an integral part in Wanneroo's history and development.

 

The WAS currently leases a portion of a City duplex building contained on Crown Reserve 10845, 11 Leach Road, Wanneroo for the permitted purpose of office space and has proved itself as a reliable tenant.

 

Under the City's current Tenancy Policy the WAS is required to enter into a lease agreement for the new Wanneroo Agricultural Poultry Shed as it intends to utilise the facility on an exclusive use basis.

Detail

The WAS is categorised as a "not for profit" entity and under the City's current Tenancy Policy "not for profit" leases are to be negotiated at no cost to the City. However, in this instance the City has agreed to make good any breakage or damage to the exterior of the premise not attributed to the lessee or the lessee's employees, agents and contractors. Incidents such as graffiti or malicious vandalism to the exterior of the building will be rectified by the City at its cost. This is not in accordance with the City’s Tenancy Policy.

 

Administration and the WAS have negotiated a lease of the footprint of the building (Attachment 1 refers) subject to Council and the Minister for Lands approval on the following essential terms:

 

Lease Premises

Wanneroo Agricultural Poultry Shed as shown hatched on the plan (Attachment 1 refers)

Lease Term

Five (5) years

Commencement Date

To be confirmed

Lease Rental

$1.00 per annum

Permitted Purpose

Storage and the ability to conduct one annual show

Rates, Taxes and Outgoings

The Lessee will be responsible for all rates (including Council rates & Water rates), taxes, assessments, impositions and outgoings for water consumption, electricity, gas and telephone/broadband used in relation to the Premises whether billed directly or otherwise. 

Building Maintenance

The Lessee shall keep and maintain every part of the premise including but not limited to all lighting and electrical installations and all drainage and other fixtures and fittings in good and substantial repair and condition. The Lessee is not required to carry out repairs of a structural nature or make good any breakage or damage to the exterior of the premise not attributed to the lessee or the lessee's employees, agents and contractors

Emergency Services Levy

Lessee responsibility

Building Insurance

Lessee responsibility


 

Other Insurance (including contents, public liability et cetera)

Lessee responsibility

Cleaning

Lessee responsibility

Statutory Compliance

Lessee responsibility

Consultation

The essential terms of the proposed new lease have been prepared in consultation with the WAS.

 

Administration has requested in-principle consent to the essential terms of the proposed new lease from State Land Services on behalf of the Minister for Lands pursuant to Section 18 of the Land Administration Act 1997. A response has not yet been received from State Land Services.

 

The City’s Community Development Directorate has been consulted and the Coordinator Community Facilities supports the terms of the proposed lease.

Comment

Under the City's current Tenancy Policy the WAS is required to enter into a lease agreement for the new Wanneroo Agricultural Poultry Shed as it intends to utilise the facility on an exclusive use basis.

 

The City has agreed to make good any breakage or damage to the exterior of the building not attributed to the lessee or the lessee's employees, agents and contractors. Incidents of graffiti or malicious vandalism will be rectified by the City at its cost. This is not consistent with the City’s Tenancy Policy but is on the same basis as the lease negotiated for the Wanneroo Showgrounds Clubrooms.

 

A lease will clarify both the City's and WAS responsibilities to maintain the new building to the required standard.

 

Statutory Compliance

 

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

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

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

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

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

The WAS is an incorporated body and its objectives can be defined as both an educational and cultural body and therefore is an exempt disposition under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996.

 

Strategic Implications

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

 


 

 

“2      Social

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

Policy Implications

The City has agreed to make good any breakage or damage to the exterior of the building not attributed to the lessee or the lessee's employees, agents and contractors. This aspect is not consistent with the City's Tenancy Policy. Administration has negotiated the remainder of the proposed lease in accordance with the City’s Tenancy Policy.

Financial Implications

The City will be liable for costs resulting from any damage and vandalism to the exterior of the building provided that the damage did not result from the use of the building by the lessee or the lessee's employees, agents and contractors.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       NOTES that the concession on the Lessee's maintenance responsibilities for the exterior of the building which is not consistent with the City's Tenancy Policy;

2.       APPROVES the lease of a portion of Crown Reserve 12990 to the Wanneroo Agricultural Society (Inc) for a term of five (5) years subject to the Minister for Lands approval; and

3.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo and execute a lease between the City and Wanneroo Agricultural Society (Inc).

 

 

 

Attachments:

1View.

Attachment 1 Proposed Wanneroo Agricultural Poultry Shed Lease

12/128834

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   317

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       319

Draft

Infrastructure

Infrastructure Projects

3.15  Flynn Drive Realignment & Upgrade (Wanneroo Road to Tranquil Drive, Neerabup) – Public Notice

File Ref:                                              2810 – 12/131022

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider the outcome of the public notice in relation to full and partial closure of existing thoroughfares and the realignment/level changes associated with Flynn Drive, between Wanneroo Road and Tranquil Drive, Neerabup.

 

Background

The City has made a commitment to realign and widen Flynn Drive from its current intersection with Tranquil Drive through to Wanneroo Road to accommodate demand raised by development of the area, to improve road safety and as part of a regional road requirement within the Metropolitan Regional Scheme.  The regional significance of the road has been identified, which will provide a direct strategic east-west route linkage between freeway and the Neerabup Industrial Area.

In accordance with procedure prescribed in Section 3.50 of the Local Government Act 1995 the City placed a notice in Joondalup/Wanneroo Weekender newspaper on 2 August 2012 and notified the public of:

·        The proposed closure to through traffic on Flynn Drive at its intersection with Wanneroo Road through construction of a cul-de-sac (once the realigned section of Flynn Drive is opened to traffic);

·        The partial closure of Tranquil Drive to allow a left-out only access arrangement onto Flynn Drive, and;

·        Intention to carry out the realignment and alteration to the level of Flynn Drive between Wanneroo Road and Tranquil Drive, noting that during the 2012/2013 financial year construction of the realignment works between Wanneroo Road through to reconnection with the existing Flynn Drive alignment and works proposed on Tranquil Drive at its intersection with Flynn Drive will be progressed.

It is noted that the partial closure of Tranquil Drive has previously been considered by Council at its meeting held on 15 November 2011 (Item No IN08-11/11 refers) however, formal public notice in follow up to Resolution 4 of the report, that being:

"4.  SUPPORTS the initiation of the process in accordance with Section 3.50 of the Local Government Act 1995 to partially close the Tranquil Drive/Flynn Drive intersection to restrict the traffic turning movements to ‘left out’ only when funding is approved for the works."

was not progressed at the time this was resolved as it was subsequently promoted by Administration that the required works be incorporate into the Flynn Drive project in lieu of providing separate funding.

Submissions on the proposed closure of thoroughfares along with the Flynn Drive realignment and alteration to levels were requested to be forwarded to the City by no later than 17 August 2012.

Residence/owners adjacent to the proposed works were also directly notified by mail of the proposed closure of thoroughfares along with Flynn Drive realignment and alteration to levels.  A plan was attached to the letters forwarded that detailed the location of the proposed road thoroughfare closures required as a consequence of the proposed realignment of Flynn Drive, namely; City of Wanneroo Drawing 2399-99-A (Attachment 1 refers).  A copy of this has been placed in the Elected Members Reading Room.

The Commissioner for Main Roads WA, public service providers impacted and emergency service providers were also notified of the City’s intentions in accordance with that prescribed in the Act.

Detail

Two submissions were received from landowners directly impacted by the proposed works, both requesting additional property access onto the new Flynn Drive alignment and one further requesting installation of a noise attenuation wall. Following consideration Administration forwarded letters in response in September 2012 advising that the City is not able to support the requests. 

It is noted that Flynn Drive is classified as a controlled access road (ie: as per Joondalup Drive, Hester Avenue, etc.), this then excluding direct property access to/from the road.  Furthermore, given the proposed construction works to be undertaken is classified a "public works" under the Public Works Act 1902, the City is not obliged to undertake construction of any form of noise attenuation walls.  As a consequence, no changes are required to the current design for the realignment and upgrade of Flynn Drive.

No submissions in relation to the proposed thoroughfare closures and/or realignment/change in levels were received and therefore the proposed closures are able to be implemented in association with the proposed construction to be undertaken.

 

Subject to Council’s favourable consideration of the direction arising from the public notice as advertised, Administration would then proceed with commencement of the tender process for the construction of first stage of works associated with the Flynn Drive Realignment and Upgrade project, namely; construction of the proposed realigned section of Flynn Drive (on opening this section to traffic, inclusive of the provision of a cul-de-sac at the existing intersection of Flynn Drive with Wanneroo Road) and the Tranquil Drive left-out only access arrangement onto Flynn Drive.

 

Design is nearing completion, with public service provider requirements currently being incorporated into the design.  Subject to final design approval, it is proposed to advertise for tender during the first quarter of 2013, with construction subject to Council consideration of tender award to proceed thereafter.

Consultation

Further to the public notice, a public information session is to be held prior to close of tenders for the construction of the Flynn Drive realignment portion of the overall project, inclusive of the provision of left-out only access from Tranquil Drive at its intersection with Flynn Drive.

Comment

Submissions received were considered and requests made were not upheld, with responses actioned by Administration accordingly.  Hence, no adjustment to the design is necessary.

Statutory Compliance

Communication of the City's intention associated with proposed full and partial closure of existing thoroughfares and the realignment/level changes associated with Flynn Drive, between Wanneroo Road and Tranquil Drive, Neerabup, has been actioned in accordance with procedures prescribed in the Local Government Act 1995.

The City is required to notify the Department of Planning that it intends to carry out the construction of first stage of works associated with the Flynn Drive Realignment and Upgrade project, namely: construction of the proposed realigned section of Flynn Drive (on opening this section to traffic, inclusive of the provision of a cul-de-sac at the existing intersection of Flynn Drive with Wanneroo Road) and the Tranquil Drive left-out only access arrangement onto Flynn Drive under S.6(3) of the Planning & Development Act 2005.  This was actioned by Administration by way of a letter dated 1 December 2011.

Strategic Implications

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

 “2     Social

2.4    Improve community safety

 

2.5     Improve transport options and connections”

Policy Implications

Nil

Financial Implications

No funding implications have arisen from submissions received as a consequence of the public notice as advertised on 2 August 2012.

 

Funds have been allocated in the 2012/2013 Capital Works Budget for the completion of Flynn Drive Realignment and Upgrade (Wanneroo Road to Tranquil Drive).  However, the exact financial implication will be known after the tenders for the construction works are received by the City.  Financial implications relating to this project will be addressed further in the Tender Evaluation report to Council, currently scheduled for April 2013.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       NOTES that two submissions received in response to the public notice have been considered by Administration as detailed in the report;

 

2.       ENDORSES the closure of thoroughfares on:

(a)     Flynn Drive (full closure), Neerabup, at its existing intersection with Wanneroo Road through construction of a cul-de-sac;


 

 

(b)     Tranquil Drive (partial closure), Neerabup, at its intersection with Flynn Drive through construction of a left out only arrangement as previously approved by Council at its meeting held on 11 November 2012 (Item No IN08-11/11 refers);

 

3.       ENDORSES the realignment and level changes of Flynn Drive between Wanneroo Road and Tranquil Drive, Neerabup;

 

4.       NOTES that a Public Information Session will be held during the advertised tender period for the construction of first stage of works associated with the Flynn Drive Realignment and Upgrade project, and

 

5.       ADVISES the two landowners who forwarded submissions in response to the Public Notice advertised on 2 August 2012 of Council's decision.

 

 

Attachments:

1View.

Attachment 1 - Aerial Plan Flynn Drive/Wanneroo road Intersection

12/131059

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       322

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       324

Draft

Tenders

3.16  Tender No. 01222 for Supply and Installation of Rubberised Speed Cushions

File Ref:                                              8232 – 12/118725

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider Tender No. 01222 for the Supply, Delivery and Installation of Rubberised Speed Cushions for a Period of One Year, with provision for two 12 Month extensions.

 

Background

Speed cushion (a form of speed hump) and rubber median kerb installations are used for traffic management purposes increasingly within the urban road environment. They are treatments that slow traffic, improve safety and are a very effective response to community road safety concerns.

 

Speed cushion and rubber median kerb installations in the past have been procured through individual contracts for each project.  The establishment of annual contract arrangements are now sought in response to the increased use of these traffic safety devices.  Economy of scale saving in comparison to letting separate contracts for each project is the prime reason for annual contract arrangements.

 

Pricing has been provided in accordance with the Schedule of Rates (see Attachment 1).

 

The Western Australian Local Government Association (WALGA) E-Quote pre-registered road building material suppliers were checked before going to tender.  However, it is noted that no speed cushion suppliers are pre-qualified to supply speed cushions and rubber kerbing under the provisions of the newly established WALGA E-Quote arrangements.

 

The contract period is proposed from 1 December 2012 to 30 November 2013 and at the expiry of the initial contract period, the City may consider extending this contract for an additional two twelve month periods or part thereof.  Any such extension will be in accordance with the same terms and conditions of the original Contract.  The price of extensions will be in accordance with Perth's CPI adjustment.

 

All future procurement of speed cushions and rubber kerbing shall be through the provisions of this new Contract.

Detail

Tender No. 01222 – Supply and Installation of Rubberised Speed Cushions was advertised on 8 September 2012 and closed on Tuesday 25 September 2012.

 

A copy of the Tender Document as advertised has been placed in the Elected Members Reading Room for reference.

 


 

 

Essential details of the contract are shown in the following table:

 

Contract type

Schedule of Rates

Contract duration

1 Year

Commencement date

1 December 2012

Expiry date

30 November 2013

Extension to contract

Yes, two 12 month options, CPI Adjusted

Rise and fall included

No

 

Tenders received.

 

Tenders were received from the following companies:

 

Company

Traffic Systems West trading as Wearmasters Pty Ltd

Traffic Calming Australia Pty Ltd

Saferoads Pty Ltd (Rejected)

 

Unfortunately Saferoads Pty Ltd chose not to provide prices for island infill (a strict requirement for rubber kerbed median projects) so it consequently was necessary that their submission be rejected as a non-conforming bid.  It was noted that the Saferoads submission was not price competitive overall in comparison with the other bids anyway.

 

The submissions from the remaining two respondents were accepted on the basis that they were compliant tender bids and worthy of consideration in the tender evaluation process.

 

The Tender Evaluation Team comprising the Contracts Officer, Traffic Engineer and Projects Engineer evaluated the tender in accordance with the following selection criteria and weightings:

 

Item No

Description

Score

1

Price for services offered

50%

2

Tenderer’s previous experience

25%

3

Tenderer’s resources available for this contract

15%

4

Occupational Health and Safety (OHS)

10%

 

The tender document included item rates for supply and installation.

 

Price of services offered (50%)

 

Speed cushions and rubberised median kerbing with median infill are products that are provided in a very competitive market and unit prices received were consequently very close. A scenario was established that provided for supply and installation of 60 speed cushions with piano key markings and also included some rubber kerbed medians which typify the likely scope of required work during a typical 12 month period. The price assessment scenario included the essential Addendum 1 items which relate to median infill.

 

The tender allows for annual Consumer Price Index price variation for the two twelve month contract extension periods which will be considered subject to satisfactory annual contract performance reports.

The typical annual expenditure is forecast to be $200,000 and the price assessment scenario totalled approximately this amount ensuring that the price assessment was realistic, fair and equitable.

 

Based on the information provided, the tenders have been ranked according to the assessment of the cost comparison outcome (which resulted in less than 4% difference in price overall) as detailed below:

 

 

Tenderer

Ranking

Traffic Calming Australia Pty Ltd

1

Traffic Systems West trading as Wearmasters Pty Ltd

2

 

The annual capital works program for the period throughout the period that this tender would cover has been evaluated to determine the likely expenditure associated with this contract. It is noted that a large capital works budget for several rubberised speed cushions and rubber kerbed medians exists for the initial year and is estimated at a value of $470,000. In subsequent years, if extensions are approved, the annual expenditure will reduce to an estimated annual value of $200,000.

 

Additional information

 

The schedule of rates identified in the tender submissions, were provided in response to the rates schedule defined in Attachment 1.

 

Tenderer’s previous experience (25%)

 

Both accepted bids provided documentation outlining significant experience in the local government sector.  A good range of experienced staff was a feature of respondents' submissions and both are assessed to be very capable and competent to safely undertake the typical scope of work. Based on the information provided, the tenders have been ranked as below under this criterion:

 

Tenderer

Ranking

Traffic Systems West trading as Wearmasters Pty Ltd

1

Traffic Calming Australia Pty Ltd

2

 

Tenderer’s resources available for this contract (15%)

 

Tenderer's resources available for this contract were identified and an adequate outline of their in-house resources and subcontractors was provided. Only marginal differences separated both respondents' description of available resources and the assessment also took account of current commitments.

 

Traffic Calming Australia ranked lower than Traffic Systems West for the 'available resources' criteria.  The main reason that this Tenderer was ranked lower was because parts of the works would be subcontracted to Traffic Systems West.  The 'double handling' of works was not considered advantageous by the evaluation panel.

 

Based on the information provided, the tenders have been ranked as below under this criterion:

 

 

 

Tenderer

Ranking

Traffic Systems West trading as Wearmasters Pty Ltd

1

Traffic Calming Australia Pty Ltd

2

 

Occupational health and safety (OHS) (10%)

 

Evidence of safety management systems, policies and practices, defined in the tender documents was assessed objectively. Evaluation of safety management defined in responses to an Occupational Health and Safety Management System Questionnaire, included within the tender documentation, was also influential in establishing final assessment scores. Both respondents' submissions adequately meet tender safety management requirements and based on all the information provided, the tenders have been ranked as below under this criterion:

 

Tenderer

Ranking

Traffic Systems West trading as Wearmasters Pty Ltd

1

Traffic Calming Australia Pty Ltd

2

 

Overall Weighted Score

The overall weighted scores have resulted in the following tender ranking:

 

Tenderer

Ranking

Traffic Systems West trading as Wearmasters Pty Ltd

1

Traffic Calming Australia Pty Ltd

2

Consultation

Nil

Comment

Traffic Systems West trading as Wearmasters Pty Ltd and Traffic Calming Australia Pty Ltd provided tender submissions, which were reviewed as compliant bids in accordance with the weighted score analysis process, with the following observations being of significance:

 

-      A key criteria of this tender evaluation is price and the range of bids from both respondents was very competitive in this regard with Traffic Calming Australia Pty Ltd being the lead bid on a price basis.

-      The submissions were evaluated in accordance with the other selection criteria and both respondents have been assessed as having the necessary resources, previous experience, ability and safety management systems to undertake the contracted work.

 

The Tender Evaluation Team determined that the overall leading compliant tender bid which was received from Traffic Systems West, trading as Wearmasters Pty Ltd, has addressed all aspects of the selection criteria and that they have the necessary resources to fulfil the requirements of this contract for the supply and installation of rubberised speed cushions for a period of one year. It is also noted that Traffic Systems West trading as Wearmasters Pty Ltd has previously undertaken speed cushion and rubber kerbed median installations for the City of Wanneroo with very acceptable outcomes.

Statutory Compliance

The tender has been evaluated against the selection criteria in accordance with Section 3.57 of the Local Government Act and associated regulations.

 

The tendering procedures and evaluation comply with the requirements of Part 4 of the Local Government (Functions and General) Regulations 1996.

 

A final review of the tender selection process for fairness and compliance confirms the acceptability of the evaluation process and result.

Strategic Implications

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

 “2     Social

2.5    Improve transport options and connections

 

"2.5.1 Develop and implement a network of integrated transport  

options to maximise neighbourhood connectivity and safety".

Policy Implications

Nil

Financial Implications

The estimated value for the contract calculated on predicted volumes of maintenance and capital work is approximately $470,000 over the first twelve months that this tender would cover, and potential exists for annual expenditure of $200,000 throughout any subsequent extension periods.

 

The cost of supply will be charged to projects approved as part of annual Capital Works Budget considerations. Where works relate to maintenance (ie: replacement of existing cushions) then this would be charged against the annually approved Maintenance Budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council ACCEPTS the Tender No 01222 submission from Traffic Systems West, trading as Wearmasters Pty Ltd, for the Supply and Installation of Rubberised Speed Cushions for a Period of 12 Months from 1 December 2012 as per the schedule of rates and general conditions of tendering (with an option to extend the contract for an additional two twelve (12) monthly periods, or a part thereof, at the Council’s discretion).

 

Attachments:

1View.

SUPPLY AND INSTALLATION OF RUBBERISED SPEED CUSHIONS - Price Schedule

12/120769

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       329

ATTACHMENT 1 - Sheet 1 of 6

SCHEDULE 1 – PRICE SCHEDULE

(Complete the following details and submit with Tender)

AS PER SPECIFICATION PAGE 11

TENDER PRICES

ALL PRICES EXCLUSIVE OF GST

1 NOVEMBER 2012 TO 31 OCTOBER 2013

SUPPLY AND INSTALLATION OF RUBBERISED SPEED CUSHIONS AT NOMINATED SITES

 

Item

Description

Unit

Rate

Remarks

 

Supply and Install Rubberised Speed Cushions (1600mm wide x 2000mm long x 75mm high) incorporating approach ramps in both directions compliant with the descriptions below*.

 

 

Must be compliant with Australian Standards. Speed cushions must also be compliant with Main Roads WA drawings 200931-0004-1, 200931-0005-1, 200931-0006-1 and 200931-0007-1

1.1

*Black speed cushions, no markings

 

Each

 

 

  1.2

*Black speed cushions with yellow reflective tape

 

Each

 

 

1.3

*Black speed cushions with white reflective tape

 

Each

 

 

1.4

*Black speed cushions with white piano key markings

 

Each

 

 

1.5

*Black speed cushions with white reflective arrows (The standard arrows are to be no less than 40cm wide and 67.5 cm high)

 

Each

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF CONTRACTOR:

 

SIGNATURE OF CONTRACTOR:

                                                                DATE:

 

ATTACHMENT 1 - Sheet 2 of 6

SCHEDULE 1 – PRICE SCHEDULE

(Complete the following details and submit with Tender)

AS PER SPECIFICATION PAGE 11

TENDER PRICES

ALL PRICES EXCLUSIVE OF GST

1 NOVEMBER 2012 TO 31 OCTOBER 2013

 

 

SUPPLY AND INSTALLATION OF RUBBERISED SPEED CUSHIONS AT NOMINATED SITES

 

Item

Description

Unit

Rate

Remarks

 

Supply and Install Rubberised Speed Cushions (1800mm wide x 2000mm long x 75mm high) incorporating approach ramps in both directions compliant with the descriptions below**.

 

 

Must be compliant with Australian Standards. Speed cushions must also be compliant with Main Roads WA drawings 200931-0004-1, 200931-0005-1, 200931-0006-1 and 200931-0007-1

2.1

**Black speed cushions, no markings

 

Each

 

 

2.2

**Black speed cushions with yellow reflective tape

 

Each

 

 

2.3

**Black speed cushions with white reflective tape

 

Each

 

 

2.4

**Black speed cushions with white piano key markings

 

Each

 

 

2.5

**Black speed cushions with white reflective arrows (The standard arrows are to be no less than 40cm wide and 67.5 cm high)

 

Each

 

 

 

 

 

 

 

 

 

 

 

NAME OF CONTRACTOR:

 

SIGNATURE OF CONTRACTOR:

                                                                DATE:

 

ATTACHMENT 1 - Sheet 3 of 6

SCHEDULE 1 – PRICE SCHEDULE

(Complete the following details and submit with Tender)

AS PER SPECIFICATION PAGE 11

TENDER PRICES

ALL PRICES EXCLUSIVE OF GST

1 NOVEMBER 2012 TO 31 OCTOBER 2013

SUPPLY AND INSTALLATION OF RUBBERISED SPEED CUSHIONS AT NOMINATED SITES

 

Item

Description

Unit

Rate

Remarks

 

Supply and Install Rubberised Speed Cushions (150mm width increments) incorporating approach ramps in both directions compliant with the descriptions below***.

 

 

 

3.1

**Black speed cushions, no markings

 

Per 150mm increment

 

 

3.2

**Black speed cushions with yellow reflective tape

 

Per 150mm increment

 

 

3.3

**Black speed cushions with white reflective tape

 

Per 150mm increment

 

 

3.4

**Black speed cushions with white piano key markings

 

Per 150mm increment

 

 

3.5

**Black speed cushions with white reflective arrows (The standard arrows are to be no less than 40cm wide and 67.5 cm high)

 

Per 150mm increment

 

 

 

NAME OF CONTRACTOR:

 

SIGNATURE OF CONTRACTOR:

                                                                DATE:

 

 

 

ATTACHMENT 1 - Sheet 4 of 6

SCHEDULE 1 – PRICE SCHEDULE

(Complete the following details and submit with Tender)

AS PER SPECIFICATION PAGE 11

TENDER PRICES

ALL PRICES EXCLUSIVE OF GST

1 NOVEMBER 2012 TO 31 OCTOBER 2013

SUPPLY AND INSTALLATION OF RUBBERISED SPEED CUSHIONS AT NOMINATED SITES

 

Item

Description

Unit

Rate

Remarks

 

Supply and Install Rubberised Speed Cushions (1050mm length increments) incorporating approach ramps in both directions compliant with the descriptions below***.

 

 

 

3.6

**Black speed cushions, no markings

 

Per 1050mm increment

 

 

3.7

**Black speed cushions with yellow reflective tape

 

Per 1050mm increment

 

 

3.8

**Black speed cushions with white reflective tape

 

Per 1050mm increment

 

 

3.9

**Black speed cushions with white piano key markings

 

Per 1050mm increment

 

 

3.10

**Black speed cushions with white reflective arrows (The standard arrows are to be no less than 40cm wide and 67.5 cm high)

 

Per 1050mm increment

 

 

 

 

 

 

NAME OF CONTRACTOR:

 

SIGNATURE OF CONTRACTOR:

                                                                DATE:

 

 

 

 


 

ATTACHMENT 1 - Sheet 5 of 6

SCHEDULE 1 – PRICE SCHEDULE

(Complete the following details and submit with Tender)

AS PER SPECIFICATION PAGE 11

TENDER PRICES

                                   ALL PRICES EXCLUSIVE OF GST

1 NOVEMBER 2012 TO 31 OCTOBER 2013

SUPPLY AND INSTALLATION OF RUBBERISED SPEED CUSHIONS AT NOMINATED SITES

 

Item

Description

Unit

Rate

Remarks

 

Rubber Kerbing and Markers

 

 

 

3.11

Rubber Kerbing (straight section) for median as shown in Main Roads WA drawings 200931-0006-1 and 200931-0007-1

m

 

 

3.12

Rubber Kerbing (curved section) for median as shown in Main Roads WA drawings 200931-0006-1 and 200931-0007-1

each

 

 

3.13

Rubber Lane Marker as shown in Main Roads WA drawing 200931-0007-1

each

 

 

3.14

Flexible Bollard and Post for Rubber Lane Marker as shown in Main Roads WA drawing 200931-0007-1

each

 

 

 

Traffic Management

 

 

 

4

Traffic management staff (where applicable)

per hour per staff member

 

 

 

Additional Fees

 

 

 

5

Mobilisation Fee (Total Per Site)

Item

 

 

 

Reports

 

 

 

6

Quarterly Maintenance Report

per speed cushion

 

 

 

Hire Equipment

 

 

 

7

Hire equipment required (Contractor to specify)

Contractor to specify

 

 

NAME OF CONTRACTOR:

 

SIGNATURE OF CONTRACTOR:

                                                                DATE:

 

 

 

ATTACHMENT 1 - Sheet 6 of 6

SCHEDULE 1 – PRICE SCHEDULE (ADDENDUM)

(Complete the following details and submit with Tender)

AS PER SPECIFICATION PAGE 11

TENDER PRICES

ALL PRICES EXCLUSIVE OF GST

1 NOVEMBER 2012 TO 31 OCTOBER 2013

SUPPLY AND INSTALLATION OF RUBBERISED SPEED CUSHIONS AT NOMINATED SITES

ITEM

MIX

DESCRIPTION

UNIT

FIXED PRICES

REMARKS

ZONE 1

ZONE 2

13

 

Median Island Supply and Lay Sand Infill

tonne

$

$

 

14

 

Median Island Supply and Lay 100mm thick Concrete Infill

tonne

$

$

 

 

 

Minimum Order Quantity =                        tonnes (supply only)

 

Minimum Order Quantity =                        tonnes (delivered)

 

Conversion Rates:

 

1 tonne =                               cubic metres     1 cubic metre =                               tonnes

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF TENDERER:

 

SIGNATURE OF TENDERER:

                                                                DATE:

 

1        

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       335

Draft

Traffic Management

3.17  Brady Street, Wangara - Prevent Right Turn Movements Onto Ocean Reef Road

File Ref:                                              3120 – 12/110892

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the part closure of the Brady Street/Ocean Reef Road junction to prevent vehicular traffic turning right from Brady Street onto Ocean Reef Road.

 

Background

A resident of Shiraz Boulevard, Pearsall, supported by a Councillor enquiry, has requested that consideration be given to preventing right turn vehicle movements from Brady Street, Wangara, onto Ocean Reef Road.  The concern is that commercial vehicles turning right onto Ocean Reef Road and accelerating uphill to merge into the 80km/h traffic stream are generating excessive noise that is detrimental to the amenity of residents on Shiraz Boulevard opposite the intersection.

 

A location map for the area of interest is shown in Attachment 1.

Detail

Shiraz Boulevard, Pearsall, runs east-west on the north side of Ocean Reef Road between Archer Street and Lenore Road.  Brady Street, Wangara, a Local Distributor Road in the City’s Functional Road Hierarchy, forms the terminating leg of a ‘T’ intersection with Ocean Reef Road midway between Archer Street and Lenore Road.

 

A traffic survey undertaken during September 2012 recorded 3,938 vehicles per day using Brady Street, of which 2145 were vehicles exiting onto Ocean Reef Road.  Of those exiting onto Ocean Reef Road 7.8% are classified as light commercial vehicles and 1.1% as medium and heavy commercial, consisting of trucks and articulated vehicles.  In addition, turning observations conducted at the intersection recorded that of the traffic exiting Brady Street onto Ocean Reef Road, 62% turned left and 38% turned right.

 

A detailed examination of the traffic data reveals that the maximum number of medium/heavy vehicles exiting the Brady Street intersection in any one hour, during the week of the traffic study, was four with the weekly average for the busiest hour of two (Attachment 2 refers).  Applying the turning ratios previously observed results in one medium/heavy vehicle turning right at this intersection during the busiest hour of the day.

 

An examination of the reported accident records for this intersection for the 5-year period 2007 to 2011 shows a total of seven, one of which resulted in non-hospital medical treatment.  Of these accidents two involved vehicles turning right into Brady Street from Ocean Reef Road.  None involved vehicles turning right out of Brady Street.

Consultation

No consultation has been undertaken in the preparation of this report.

Comment

Wangara is currently the City’s main industrial area and employment generator and as with all industrial/commercial precincts is highly dependent on its supporting road network for the efficient movement of materials and products.

 

The west Wangara precinct is bordered by: Wanneroo Road to the west; Ocean Reef Road to the north; and Hartman Drive to the east.  Access between west Wangara and these bordering arterial roads is provided through the following ‘T’ intersections:

1.       Five intersections onto Wanneroo Road, with Prindiville Drive controlled by traffic control signals;

2.       Brady Street onto Ocean Reef Road; and

3.       Buckingham and Prindiville Drives onto Hartman Drive.

Wanneroo Road and Hartman Drive operate under a posted speed limit of 70km/h while Ocean Reef Road has a posted speed limit of 80km/h.

 

Of these eight intersections only Prindiville Drive, on Wanneroo Road, provides controlled access through traffic control signals.  All the other intersections are under Give Way priority control which requires drivers to determine a safe gap in the arterial road traffic into which they can merge.  For commercial and articulated vehicles right turns at these intersections have to be made in a single movement due to the inability to store the vehicle within the median and selecting a safe gap in traffic can be more difficult as they have slower rates of acceleration.  In addition, closing the right turn from Brady Street onto Ocean Reef Road will result in the diversion of traffic to the Buckingham Drive/Hartman Drive and Prindiville Drive/Hartman Drive intersections, which have a history of complaints from drivers over difficulty of access.

 

The claim that right turning trucking movements from Brady Street is the source of excessive noise for residents of Shiraz Boulevard is not supported by the traffic data and turning percentages presented above.

 

In recognition of Wangara as the City’s main industrial area and employment generator and in support of the importance of maintaining an efficient road network for the supply and distribution of goods and services, Administration does not support restricting right turns from Brady Street onto Ocean Reef Road.

Statutory Compliance

Section 3.50 of the Local Government Act 1995 permits a local government to wholly or partially close a thoroughfare to the passage of vehicles.

 

The procedure detailed in the Act for the partial closure of a road junction requires that notice of the proposal, inviting public submissions, is to be advertised locally.  Owners of properties with direct property frontage onto the road section to be closed are also to be given written notice and invited to make submissions.  A copy of the notice is also required to be forwarded to the Commissioner for Main Roads, the emergency service agencies and utilities.  The resulting submissions must then be considered by Council before the closure can take effect.

 

Strategic Implications

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

 “2     Social

2.1    Increase choice and quality of neighbourhood and lifestyle options

 

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

 

Recommendation

That Council DOES NOT SUPPORT the part closure of the Brady Street/Ocean Reef Road junction to prevent vehicles traffic turning right from Brady Street onto Ocean Reef Road.

 

 

Attachments:

1View.

Brady Street, Wangara - Location Map

12/115157

 

2View.

Brady Street, Wangara - Medium and Heavy Vehicle Volumes onto Ocean Reef Road

12/129689

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   337

 

 



CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       338

 

 


 

3.18  Kent Road, Marangaroo - Parking Prohibitions

File Ref:                                              5597 – 12/115027

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the implementation of parking prohibitions on Kent Road, Marangaroo, adjacent to the Italian Community Nursing Home.

 

Background

The City has received a request from the management of Italian Aged Care Inc. requesting that timed parking be implemented for the visitor parking bays on Kent Road adjacent to the Italian Community Nursing Home.

Detail

The Italian Community Nursing Home, Marangaroo is bounded by Marangaroo Drive, Cabrini Place and Kent Road.  On-site parking is provided for visitors and staff with the entrance located on Cabrini Place.  There are also eight on-road parking bays and a 20m disabled bay adjacent to the main entrance on Kent Road.  A location map is shown in (Attachment 1 refers).

 

The management of the Italian Community Nursing Home have requested 2 hour timed parking be implemented to cover the on-road parking bays.

Consultation

This parking prohibition proposal has been developed at the request of the Italian Community Nursing Home.  The proposal does not directly impact on the residential properties on Kent Road.

Comment

The proposed timed parking prohibitions shown on the City of Wanneroo Drawing No 0760-3-2 (Attachment 2 refers) have been designed to ensure that the on-road parking bays are only used by short term visitors.

Statutory Compliance

The installation of parking prohibition signage will allow the enforcement of Part 4 Clause 38 of the City's Parking and Facilities Local Law 2003 (as amended).

 

Strategic Implications

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

 “2     Social

2.4    Improve community safety

 

 

Policy Implications

Nil

Financial Implications

The provision of parking prohibitions incurs not only the initial cost of materials and installation of the signs but also the ongoing cost of maintenance due to vandalism and graffiti.

 

The enforcement of parking prohibitions over an increasing number of sites across the City's jurisdiction will also impact on the resource availability of the City's Parking Compliance Officers to enforce prohibitions throughout the City.

 

The cost estimate for materials and installation to implement this parking prohibition plan is $500 and is able to be funded from PR2404 – Parking Scheme Signage and Line Marking for which $15,000 has been allocated in the 2012/2013 Capital Works Budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the installation of "2P, 7:00AM-5:00PM" (R5-2(R)) signs covering the parking bays on Kent Road as shown on Drawing 0760-3-2 (Attachment 2 refers);

2.       APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP" (R5-36) signs on the southwest corner of the Kent Road/Cabrini Place intersection as shown on Drawing 0760-3-2 (Attachment 2 refers); and

3.       ADVISES the management of the Italian Community Nursing Home of Council's decision.

 

 

Attachments:

1View.

Kent Road, Marangaroo - Location Map

12/129937

 

2View.

Kent Road, Marangaroo - Parking Prohibition Drrawing 0760-3-2

12/129924

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   341

 

 



CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       342


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       344

3.19  2012/2013 Pathways (Road Reserve) Program - Budget Variation

File Ref:                                              3000 – 12/127652

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

 

Issue

To consider cost variations to the 2012/2013 Pathways (Road Reserve) Capital Works Program.

 

Background

Administration has reviewed the adopted budget for the 2012/2013 Pathways (Road Reserve) Capital Works Program and identified projects where the existing budget allocation is insufficient to complete the project.  Corresponding projects with excess funds have also been identified that can fund these shortfalls.

Detail

Since the adoption of the 2012/2013 Capital Works Program projects PR-2345 and PR-2347 have been identified as already constructed as part of development in the area while other projects, after detailed site investigation and costing, have been identified as having cost variations greater than 10% as summarised below:

 

Project Number

Project Description

Adopted
Budget

Revised
Cost

PR - 2340

Beach Road, Koondoola – Upgrade 635m x 1.8m path to 2.5m shared path, Mirrabooka Avenue to Alexander Drive

$72,800

$96,200

PR - 2341

Wanneroo Road, Madeley – Construct 270m x 2.5m shared path, Wilmot Bend to bus stop 12321

$149,000

$78,000

PR - 2345

Connolly Drive, Clarkson - Construct 5m x 2.5m shared path to bus stop 23918 south of Homestead Drive

$3,000

$0

PR - 2346

Kingsway, Landsdale - Construct 25m x 1.5m path south side, CAPS to bus stop

$3,000

$7,000

PR - 2347

Kingsway, Landsdale - Construct 65m x 2.1m shared north side, Carlingford Drive to Darch Shopping Centre

$11,000

$0

PR - 2348

Two Rocks Road, Two Rocks – Construct 55m x 2.5m shared path, Blaxland Avenue to Mitchell Park

$11,000

$14,000

PR - 2351

Regency Avenue, Madeley – Construct 52m x 1.8m path east side, Bramley Loop to Russell Road – bus stop 21949

$8,000

$15,000

PR - 2353

Brookway Road, Landsdale – Extend existing path south side 70m x 1.5m to Southmead Drive

$10,000

$16,000

PR - 2357

St Fillans Bend, Wanneroo – Construct 145m x 1.5m path, south side, Loyal Terrace to Lotham Way

$19,000

$31,000

PR - 2358

St Fillans Bend, Wanneroo – Construct 155m x 1.5m path, south side, Tyne Crescent to Appin Way

$20,000

$32,000

PR - 2359

St Fillans Bend, Wanneroo - Construct 180m x 1.5m path, south side, Lotham Way to Calabrese Avenue

$23,000

$35,000

PR - 2360

Connolly Drive, Merriwa – Construct pedestrian crossing Jenolan Way intersection

$50,000

$20,000

PR - 2361

Alexandria View, Mindarie – Relocate crash barrier to kerb, widen 130m existing path by 1.5m, install pedestrian fence seaward side

$50,000

$57,000

$429,800

$401,200

 

Projects PR-2340 and PR-2341 are part funded by Perth Bicycle Network (PBN) Grants.  The revised cost estimate does not impact the grant funding for PR-2340. Since the grant funding can only be up to of 40% of the overall cost of the project, there will be reduction of $28,600 in the grant funding for Project Number PR-2341. The total municipal funding for pathways projects will remain unchanged.

Consultation

No consultation was undertaken in the preparation of this report.

Comment

Administration recommends agreement with the revised budget estimates for the above listed pathway projects to allow the projects to proceed during the 2012/2013 financial year.

Statutory Compliance

This budget variation is in compliance with Part 6 – Financial Management of Local Government Act and Part 2 – General Financial Management of the Local Government (Financial Management) Regulations 1996.

 

Strategic Implications

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

 “4     Governance

4.4    Maintain long-term financial stability

 

          2        Social

                   2.4     Improve community safety

Policy Implications

Nil

Financial Implications

The proposed variations to the 2012/2013 Pathways (Road Reserve) Capital Works Program are within the existing allocations and no additional funding is required.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.      NOTES that pathways projects PR-2345 and PR-2347 have been completed as part of the development; and

2.      NOTES the following budget variations to reflect the revised Pathways (Road Reserve) project costings:

INCOME

Project Number

Project Description

Current Budget

Revised Budget

PR – 2341

Wanneroo Road, Madeley – Construct 270m x 2.5m shared path, Wilmot Bend to bus stop 12321

$59,600

$31,000

EXPENDITURE

Project Number

Project Description

Current Budget

Revised Budget

PR – 2340

Beach Road, Koondoola – Upgrade 635m x 1.8m path to 2.5m shared path, Mirrabooka Avenue to Alexander Drive

$72,800

$96,200

PR – 2341

Wanneroo Road, Madeley – Construct 270m x 2.5m shared path, Wilmot Bend to bus stop 12321

$149,000

$78,000

PR - 2345

Connolly Drive, Clarkson - Construct 5m x 2.5m shared path to bus stop 23918 south of Homestead Drive

$3,000

$0

PR - 2346

Kingsway, Landsdale - Construct 25m x 1.5m path south side, CAPS to bus stop

$3,000

$7,000

PR - 2347

Kingsway, Landsdale - Construct 65m x 2.1m shared north side, Carlingford Drive to Darch Shopping Centre

$11,000

$0

PR - 2348

Two Rocks Road, Two Rocks – Construct 55m x 2.5m shared path, Blaxland Avenue to Mitchell Park

$11,000

$14,000

PR - 2351

Regency Avenue, Madeley – Construct 52m x 1.8m path east side, Bramley Loop to Russell Road – Bus stop 21949

$8,000

$15,000

PR - 2353

Brookway Road, Landsdale – Extend existing path south side 70m x 1.5m to Southmead Drive

$10,000

$16,000

PR - 2357

St Fillans Bend, Wanneroo – Construct 145m x 1.5m path, south side, Loyal Terrace to Lotham Way

$19,000

$31,000

PR - 2358

St Fillans Bend, Wanneroo – Construct 155m x 1.5m path, south side, Tyne Crescent to Appin Way

$20,000

$32,000

PR - 2359

St Fillans Bend, Wanneroo - Construct 180m x 1.5m path, south side, Lotham Way to Calabrese Avenue

$23,000

$35,000

PR - 2360

Connolly Drive, Merriwa – Construct pedestrian crossing Jenolan Way intersection

$50,000

$20,000

PR - 2361

Alexandria View, Mindarie – Relocate crash barrier to kerb, widen 130m existing path by 1.5m, install pedestrian fence seaward side

$50,000

$57,000

 

 

 

Attachments: Nil


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       348

3.20  Gnangara Road, Madeley - Speed Zoning Review - Community Consultation

File Ref:                                              3000 – 12/127664

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider Council approval to commence community consultation with regard to a request to reduce the speed limit applicable to Gnangara Road, Madeley, between Hartman Drive and Wanneroo Road, from 70km/h to 50km/h.

 

Background

A location map and an aerial view of the area of interest are shown in Attachments 1 and 2 respectively.  A copy of these and the other attachments referred to in this report have been placed in the Elected Members Reading Room.

 

Main Roads WA has written to the City on behalf of the Minister for Transport in response to a enquiry from the Member for Wanneroo who had written to the Minister on behalf of a resident of Madeley concerned about pedestrian safety and seeking a speed limit reduction along a section of Gnangara Road, between Hartman Drive and Wanneroo Road (Attachment 3 refers).

 

Since residential development of the land between the existing and future Gnangara Road alignments commenced the City has received requests to lower the speed limit on Gnangara Road to 50km/h.

 

The resident in question has previously approached the City directly and through the Federal Member for Cowan and was advised: "The City agrees that the current posted speed limit on Gnangara Road of 70km/h, west of Klaraborg Drive should be reduced, however, in the first instance, Administration will seek Council's endorsement first who have previously indicated that “The community should be consulted prior to an arbitrary speed limit change being initiated”.  If Council agrees, the City will consult the community as a whole to determine its view on the issue.  If the majority are in agreement the City will then request Main Roads WA, who are the sole body with responsibility for setting speed zoning in the State, to review the speed limit on Gnangara Road."

Detail

Gnangara Road is classified as a District Distributor A in the City’s Functional Road Hierarchy and is identified as an Other Regional Road (ORR) in the Metropolitan Regional Scheme.  It currently operates with a posted speed limit of 70km/h between Wanneroo Road and Mirrabooka Avenue.  Additionally, between Wanneroo Road and Klaraborg Drive, Gnangara Road operates as a controlled access road with no direct property access.

 

Prior to the connection of Gnangara Road (east) onto Ocean Reef Road, Gnangara Road west of Hartman Drive is recorded as carrying 13,814 vehicles per day (vpd) at an 85 percentile (%ile) speed of 76 km/h.  Since the realignment of Gnangara Road (east) traffic counts carried out on Gnangara Road in March 2012 recorded 4,617 vpd at an 85%ile speed of 77 km/h west of Hartman Drive, and 4,798 vpd at an 85%ile speed of 78 km/h east of Buffalo Avenue.

 

 

 

In accordance with Agreed Structure Plan No.8 for East Wanneroo Cell 6, Gnangara Road (west) is to be realigned to the north to become an extension to Whitfords Avenue while the existing section of Gnangara Road, between Wanneroo Road and Klaraborg Drive, will be downgraded to Local Distributor status and become an extension of Susan Road, Madeley.

 

In approving the subdivision of the land north of Gnangara Road the City imposed a number of conditions on the developers with regard to Gnangara Road that were designed to enable the road to continue to function as a District Distributor while recognising the changed residential environment.  Among the conditions imposed was the construction of a number of median islands through this section of Gnangara Road which restricted lane width, provided protected right turn pockets, and includes pedestrian crossings south of Buffalo Avenue and north of Susan Road (Attachment 4 refers).

Consultation

No consultation has been carried out prior to preparing this report.  Subject to Council decision it is intended to carry out consultation by the following means:

 

·        Signage on Gnangara Road

·        Advertising in the local paper

·        The City's website

Comment

Main Roads WA’s Policy and Application Guidelines for Speed Zoning states that “the primary determination of the speed limit for a particular length of road shall be by road function in accordance with the hierarchy of speed limits” listed in part below:

“70km/h - Higher standard urban roads, generally divided roads having provision to safely store turning or crossing vehicles but with some or full direct access to the road from abutting development may also be applied to undivided roads having low levels of direct access from abutting development.”

 

A posted 70km/h speed limit is currently applicable to the majority of the City’s controlled access District Distributor Roads, including 2-lane undivided carriageways such as the Mirrabooka Avenue extension, Hartman Drive, and Neerabup Road.

 

As a general rule, motorists will drive in accordance with the speed environment of the road and not necessarily in accordance with its posted speed.  Where the speed limit is set artificially low and does not match its speed environment drivers perceive this as revenue raising and the speed safety message is diminished.

 

In order for the community to have its say on the issue of lowering the speed limit on Gnangara Road, between Hartman Drive and Wanneroo Road, Administration considers that community consultation should proceed.

Statutory Compliance

Nil

Strategic Implications

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


 

 

 “2     Social

2.4    Improve community safety

Policy Implications

The cost of undertaking the community consultation including supply and installation of signs and placement of a public notice is estimated to be $4,000 which can be funded from project PR-1948 – Traffic Treatments Miscellaneous.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council APPROVES Administration commencing community consultation to determine the level of community support for the proposal to lower the speed limit on Gnangara Road between Wanneroo Road and Hartman Drive, Madeley.

 

 

Attachments:

1View.

Gnangara Road, Madeley - Location Map

12/128677

 

2View.

Gnangara Road, Madeley - Aerial View

12/128678

 

3View.

GNANGARA ROAD SPEED LIMIT

12/32812

 

4View.

Gnangara Road, Madeley - Pedestrian Crossings

12/128682

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   350

 

 



CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   351

 

 



CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   353


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   356

 

 



CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       358

3.21  Atley Pass, Carramar - Road Closure Proposal - Community Consultation

File Ref:                                              3120 – 12/128075

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a proposal to permanently close Atley Pass to vehicular traffic at its junction with Millendon Street, Carramar.

 

Background

Council, at its meeting on 28 June 2011, considered report IN06-06/11 addressing petition PT02-06/11 which read as follows:

“We the undersigned residents would respectfully request the City of Wanneroo that Atley Pass Carramar be closed off to through traffic in the middle close to the crossover through the park.  As drivers are using this road as a rat run to go through to the shopping centre.  This is causing severe problems to residents who reside in this street.”

 

The petition was signed by eight residents representing five of the 26 residential properties in the subdivision accessed from Atley Pass.

 

In response to report IN06-06/11 Council resolved as follows:

 

"1.     ENDORSES Administration engaging in public consultation with the owners of the lots within the subdivision bounded by Rawlinna Parkway, Cheriton Drive, Millendon Street, and Houghton Park to determine the support for a closure of Atley Pass, in full or part, and the preferred location of such a closure when 80% of the properties have been developed, with the results of the public consultation to be reported back to Council; and

 

2.       ADVISES the petition organisers of Council's decision."

 

A location map of the subject site is shown as Attachment 1.  A copy of this and the other attachments referred to in this report have been placed in the Elected Members Reading Room.

Detail

In developing the options shown in City of Wanneroo Drawing 2794-1-0 (Attachment 2 refers) for Atley Pass, Administration considered the following:

 

-        Rat-run route

-        On-street visibility

-        Property garage locations and access

-        Rubbish Truck accessibility and manoeuvrability

-        Surrounding footpath network and pedestrian traffic movements

-        Existing property development

 

Atley Pass is a local access road providing property access for a small subdivision located to the north of the Carramar Shopping Centre and bounded by Rawlinna Parkway, Cheriton Drive, Millendon Street, and Houghton Park and is not intended for transit traffic.

 

 

Atley Pass provides the principal north-south axis for the subdivision with its main access at Rawlinna Parkway.  A central turning hub is located two thirds of the way along its length with radiating laneways providing additional property access.  From Rawlinna Parkway to the turning hub, Atley Pass consists of a 6m wide carriageway, with parking embayments on either side, all within a 15m wide road reserve.  From the turning hub to Millendon Street the carriageway reverts to a 6m wide laneway.

 

It has been observed that customers of the Carramar Shopping Centre are using Atley Pass, between Millendon Street and Rawlinna Parkway, as a rat run to bypass any congestion at the Rawlinna Parkway/Cheriton Drive intersection.

 

An on-site inspection completed by City officers on 21 September 2012 indicated that of the 26 lots within the subdivision, 21 lots had been developed. As this percentage of development is greater than 80%, Community Consultation was actioned to ascertain the views of residents within the subdivision.

Consultation

To ascertain the opinion of the residents affected by the proposal, a survey letter detailing the four options was sent on 17 September 2012 to the owners and occupiers of properties abutting Atley Pass and Nari Lane with the specified final reply date of 8 October 2012 (Attachment 3 refers).

 

Fifteen responses were received from 26 abutting property owners and occupiers with none objecting to the proposed closure of Altey Pass.  The questionnaire provided residents with 4 alternative options as to where they would better see the road closed, and were requested to vote based on a preferential voting method.  In accordance with this method Administration allocated points to each of the preferences as per the table below;

 

 

Most preferred

2nd Most preferred

3rd Most preferred

4th Most preferred

Points

4

3

2

1

 

In the case a resident indicating only one preference then that option was scored with 4 points, with the remaining options given 0 points. The point-scored results of the community consultation are as follows;

 

Option No.

Points

1

49

2

17

3

15

4

27

 

Administration's responses to the comments made by residents in regards to this proposal are listed in the table below:

Comment

Administration Response

Is it possible to have a resident's only sign at Atley Pass & Rawlinna Parkway.

The City does not support the use of non standard signage or "Local Traffic Only" signs that are not enforceable under Road Traffic Code 2000.  In reality a range of persons have legitimate need to access a road other than the local residents, including trade persons, delivery drivers and visitors.  Once the road closure is implemented motorists will quickly become aware of the changes and the through traffic issue should be resolved.

We support the placement of bollards in the vicinity of the public access way to protect children crossing to and from school.  Option 1 is the next best-option, but we would ask that the bollards be placed closer to Millendon Street to allow us more room to reverse out of our garage.  From the City of Wanneroo drawing the placement of the bollards would be only 3 meters from our garage!  Which would make it hard backing in and out.

The City does not support the placement of bollards south of the turning bulb as this would create severe access and turning issues for refuse and delivery trucks.  Also, a majority of the residents have supported Option 1 involving the closure near Millendon Street.  However, to protect the school children crossing Atley Pass at the south of the turning bulb, the installation of grab rails along the pathway ramps is supported and will be considered in the final design of the proposed road closure.

The exact location of the bollards across the laneway at the Millendon Street intersection is still subject to design, however the comments in regards to the placement of the bollards relative to the garage access has been noted and will be considered when the detailed design is completed.

 

Comment

Administration considered that since Atley Pass is a local access road, road closure will stop the unintended transit traffic and will not impact the residents of the small subdivision adjoining Atley Pass.

 

The Community Consultation results show a majority of support for Option 1 being the closure of the Atley Pass at Millendon Street.  Administration has considered the results of the community consultation, and agrees that the Option 1 closure is the most appropriate location to close access through Atley Pass.

 

Administration considers that as the constructed laneway is no longer required between the closure location and Millendon Street, that some additional landscaping works and footpath connection should be installed to ensure that the new configuration is clearly visible when driving along Millendon Street.  In addition, the detailed design will be required to ensure that the bollards are installed at a location that does not impede garage access/egress at 23 Atley Pass.

Statutory Compliance

Section 3.50 of the Local Government Act 1995 permits a local government to wholly or partially close a thoroughfare to the passage of vehicles.

 

The procedure detailed in the Act for the partial closure of a road junction requires that notice of the proposal, inviting public submissions, is to be advertised locally.  Owners of properties with direct property frontage onto the road section to be closed are also to be given written notice and invited to make submissions.  A copy of the notice is also required to be forwarded to the Commissioner for Main Roads, the emergency service agencies and utilities.  The resulting submissions must then be considered by Council before the closure can take effect.

 

It is considered that the public notice will need to be placed by no later than 23 November 2012 to allow for submissions before the December holiday season.

 

 

Strategic Implications

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

 “2     Social

2.4    Improve community safety

Policy Implications

Nil

Financial Implications

The estimated cost to place a public notice advising of the proposed closure of Atley Pass and inform persons prescribed for the purposes of Section 3.50 of the Local Government Act 1995 is $2,000 which can be funded from Project number PR-1948 - Various Traffic Management in the 2012/2013 Capital Works Program.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       ENDORSES the proposal to close Atley Pass, Carramar, to vehicular traffic at its junction with Millendon Street as shown as Option 1 in City of Wanneroo Drawing No. 2794-1-0 (Attachment 2);

2.       REQUESTS Administration to, in accordance with the requirements of Section 3.50 of the Local Government Act 1995, as amended, publicly advertise the permanent closure of Atley Pass, Carramar, to vehicular traffic at its junction with Millendon Street as shown as Option 1 in City of Wanneroo Drawing No. 2794-1-0 (Attachment 2);

3.       REQUESTS Administration to prepare a report on the public submissions received in response to Item 2 for consideration by Council;

4.       NOTES that the implementation of the proposal to close Atley Pass, Carramar is subject to the outcome of item 2 and 3 above; and

5.       ADVISES the residents of Atley Pass and Nari Lane of Council's decision.

 

 

 

Attachments:

1View.

Atley Pass, Carramar - Proposed Road Closure - Aerial Photo PDF

11/109577

 

2View.

Road Closure Options CoW Drawing No. 2794-1-0

12/128281

Minuted

3View.

12 108530  Community Consultation - Atley Pass, Carramar

12/128672

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       361


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       362


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   364


 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       366

Draft

Other Matters

3.22  Review of Two Rocks and Quinns Beach Coastal Management

File Ref:                                              1702 – 12/128263

Responsible Officer:                           Acting Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider the commissioning of coastal engineering consultants to undertake the reviews of Two Rocks and Quinns Beach Coastal Management.

 

Background

Two Rocks Coastal Management

Council considered reports in 2003 and 2004 (Items TS15-12/03 and TS18-06/04 refer) and approved the commissioning of coastal engineering consultants to undertake a study of the coastal erosion at Two Rocks north of the Two Rocks Marina.  The study was completed in May 2006 and Council considered a report (IN04-06/06 refers) at its meeting on 27 June 2006 and resolved to receive the study report, which recommended the construction of two partial length groynes to protect the Two Rocks Coastline.  Submissions were made to the State Government in 2006 seeking funding for the implementation of the recommended coastal management option but no funding commitment was received by the City.

 

The “Two Rocks Coastal Management – May 2006 Study Report" noted that there was no immediate requirement to implement the recommended coastal management option for “construction of two partial length groynes”.  It was anticipated that the groynes may be required in five years from the year the report was completed (i.e. due in 2011).  The City again approached the State Government in August 2011 by writing to the Minister for Transport seeking consideration of the matter, with a view to make funds available to the City for implementing the recommended coastal management option to ensure the protection of the infrastructure along the Two Rocks Coastline.  The Minister advised the City in October 2011 to seek grant funding under the 2012/2013 Coastal Protection Grants Program and update the options recommended in the “Two Rocks Coastal Management – May 2006 Study Report".

 

Council considered a report at its meeting on 2 February 2012 (IN02-02/12 refers) and resolved as follows:

 

"That Council:-

 

1.       NOTES the advice from the Minister for Transport regarding the Two Rocks Coastal Protection Works as included in Attachment 1;

2.       AGREES to a joint study with the Department of Transport for undertaking a review of the “Two Rocks Coastal Management – May 2006” study report on the coastal erosion of the Two Rocks coastline north of Two Rocks Marina;

3.       AUTHORISES the Director Infrastructure to proceed with the preparation of a consultancy brief and initiate the process for inviting quotations from coastal engineering consultants to undertake a review of the “Two Rocks Coastal Management – May 2006” study report on the coastal erosion of the Two Rocks coastline north of Two Rocks Marina;

4.       SEEKS a further report, subject to the confirmation of grant funding from the Department for Transport and after the receipt of the quotations as defined in 3 above; and

5.       REQUESTS the Mayor to write to the Minister for Transport expressing concern that the State Government has not committed any funds for the previously identified coastal protection works and has given no commitment in this regard, but has asked the City to jointly fund another study."

Quinns Beach Coastal Management

Quinns Rocks coastline has been subject to gradual erosion over many years.  Since 1996 this issue has been investigated and in accordance with the recommendations made in a Study completed in 2002, three groynes were constructed during 2002 and 2003.  Sand renourishment works were also undertaken from 2002 to 2006.

 

2002 Study also noted that a further study around 2012 would be required to review the impact of the coastal protection works implemented as per the study recommendations.  It also identified that the review would be necessary to identify any need for further modifications to the groynes and confirm the need for a fourth groyne north of the northern most groyne.

 

This report outlines the actions taken since February 2012 and provides advice on the current status of this matter.

Detail

In May 2012, the Department of Transport (DoT) invited applications for the allocation of funding under the Coastal Protection Grant Programs 2012/13.  In accordance with Council decisions made on 2 February 2012, two applications were submitted to the DoT for the allocation of grant funding under its “Coastal Protection Grants Program 2012/13” to:

 

·     undertake a “Review of Two Rocks Coastal Management Study” covering approximately 1.0 km of coastline immediately north of the Two Rocks Marina (refer Attachment 1). 

·     Undertake a "Review of Quinns Rocks Coastal Management" covering approximately

2.0 km of coastline (refer Attachment 2)

 

The City received two letters dated 14 August 2012 from the Minister for Transport advising that grants of $50,000 each have been approved for these projects (refer Attachment 3 and 4).  This funding is provided under the Coastal Protection Policy for Western Australia and will be administered by the DoT and grant is subject to conditions as detailed in a funding agreements signed and returned to DoT.  The grant provides up to 50% in partial funding of the total estimated cost of the project and requires the City to commit to funding the remainder.

 

Following confirmation of the grant funding, detailed consultants' briefs have been finalised in consultation with DoT's Coastal Engineers. These reviews have been designed to be undertaken in following two stages:

 

Stage 1 comprising:

·        Desktop review and knowledge summary

·        Understanding of coastal process

·        Coastal management options/strategies

·        Summary, discussion and selection of options for comprehensive evaluation

 

 

 

 

Stage 2 comprising:

·        Comprehensive evaluation of Coastal Management options

·        A community presentation meeting

·        Presentation of a detailed report

 

10 coastal engineering consulting firms were invited to provide submissions to undertake these reviews.

The quotation period for the "Review of Two Rocks Coastal Management" closed on 8 October 2012 and five consulting firms provided submissions. These submissions have been evaluated in consultation with DoT's Coastal Engineers as per the evaluation criteria set out in the brief.  The consultant whose submission is considered to meet the evaluation criteria and provides the best value for money will be appointed after the Council's decision on the recommendations made in this report.

 

The quotation period for the "Review of Quinns Beach Coastal Management" closes on 12 November 2012 the appointment of consultants, subject to the receipt of suitable submissions and evaluation, will be made by the end November 2012.

 

Both of these reviews are scheduled to be completed by the end of June 2013.

 

It is also noted that the City is continuing to monitor the impact of coastal erosion at Two Rocks and maintenance work is being undertaken as and when necessary.

Consultation

The Coastal Infrastructure Section of DoT has been consulted on this matter and further input and technical advice will be obtained during all phases of these reviews.

Comment

The process being implemented by the City to undertake these reviews is supported by the DoT and it is considered that the results of these reviews will guide the City and the State Government to make an early decision on possible future coastal protection options for the coastline at Two Rocks and Quinns Rocks.

Statutory Compliance

This budget variation is in compliance with Part 6 – Financial Management of Local Government Act and Part 2 – General Financial Management of the Local Government (Financial Management) Regulations 1996.

 

Strategic Implications

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

 “1     Environment

1.3    Minimise impact of development on the environment

Policy Implications

The allocation of grant funding is subject to the provisions of DoT's Operational Policy “Coastal Protection Policy for Western Australia”.

Financial Implications

The total cost of these two reviews, including the community presentation meetings and any additional work that may necessary during the course of the review and/or to complete the design of the recommended option, is estimated to be in the order of $100,000 each.

 

An allocation of $50,000 each has been included in the City's 2012/2013 operating budget against General Ledger 728434-9399-227 – Engineering Maintenance – Consulting Fee Expenses, being the City's funding commitment towards these proposed reviews.  As per grant conditions set out by DoT, 50% of the total estimated project cost will be provided by the State Government under the Coastal Protection Grants 2012/2013.  A budget variation is required to accommodate the grant approved by the State Government for this review.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES that consultants will be appointed by the end of November 2012 to undertake:

          (a)     a Review of Two Rocks Coastal Management incorporating a review of May 2006 Study;

(b)     a Review of Quinns Rocks Coastal Management; and

2.       NOTES the following budget variation to accommodate the Department of Transport's grant of up to 50% of the estimated cost to undertake a Review of Two Rocks Coastal Management:

INCOME

GL Cost Code

Present Budget

Additional Amount

Revised Budget

628434-8999-141

 

$60,000

$100,000

$160,000

EXPENDITURE

GL Cost Code

FROM

TO

DESCRIPTION

628434-8999-141

$100,000

 

 

728434-9399-227

 

$100,000

Engineering Maintenance – Consulting Fee Expenses

 

(Review of Two Rocks Coastal Management; and Review of Quinns Rocks Coastal Management)

 

 

 

 

Attachments:

1View.

Attachment 1 - Acknowledgement Letter Coastal Protection Grant Programme

12/97437

 

2View.

Attachment 2 - Area of Interest Quinns Beach Management

12/133614

 

3View.

Attachment 3 - Area of Interest

12/128289

 

4View.

Attachment 4 - Quinns Beach Coastal Management - Letter of Grant Success

12/133578

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   369


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012      370

 

Quinns Beach Coastal Management - Area of interest

 

Car Park off Ocean Drive, Quinns Rocks

 

Three Groynes

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012      371

Two Rocks Coastal Management - Area of interest

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   372

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       374

Draft

Community Development

Corporate Strategy & Performance

Finance

3.23  2011/2012 Audited Financial Report for the City of Wanneroo

File Ref:                                              2402 – 12/130354

Responsible Officer:                           Acting Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider the Audit Committee's recommendation to adopt the City’s Annual Audited Financial Report (the report) for the year ended 30 June 2012, audited by the City’s Auditors, Grant Thornton Audit Pty Ltd (Grant Thornton).

 

Background

In accordance with the Local Government Act 1995 a local government is required to prepare an annual financial report on its operations for the preceding financial year by 30 September and submit the report to its Auditors.

 

The City submitted its Annual Financial Report to its Auditors, Grant Thornton prior to 30 September 2012 and they have completed their audit for the year ended 30 June 2012.

 

The Local Government (Audit) Regulations 1996 prescribes the following compliance matters in respect to the Audit Report.

 

1          "10.  Report by auditor

(1)   An auditor’s report is to be forwarded to the persons specified in section 7.9(1) within 30 days of completing the audit.

(2)   The report is to give the auditor’s opinion on —

(a)     the financial position of the local government; and

(b)     the results of the operations of the local government.

(3)   The report is to include —

(a)     any material matters that in the opinion of the auditor indicate significant adverse trends in the financial position or the financial management practices of the local government; and

(b)     any matters indicating non‑compliance with Part 6 of the Act, the Local Government (Financial Management) Regulations 1996 or applicable financial controls in any other written law; and

(c)     details of whether information and explanations were obtained by the auditor; and

(d)     a report on the conduct of the audit.

 

 

 

(4)   Where it is considered by the auditor to be appropriate to do so, the auditor is to prepare a management report to accompany the auditor’s report and to forward a copy of the management report to the persons specified in section 7.9(1) with the auditor’s report."

Detail

The full audited Financial Report is presented at Attachment 1.

 

In the Independent Auditor’s Report to the ratepayers of the City of Wanneroo dated 16 October 2012, the Auditors expressed their opinion that the financial report of the City of Wanneroo:

 

(i)      gives a true and fair view of the City of Wanneroo’s financial position as at 30 June 2012 and of its performance for the financial year ended 30 June 2012, and

(ii)      complies with Australian Accounting Standards (including the Australian Accounting Interpretations),

(iii)     are prepared in accordance with the requirements of the Local Government Act 1995 Part 6 (as amended) and Regulations under that Act.

 

The Auditors did not consider it necessary to issue a Management report to accompany the Auditor's report.

Consultation

The 20011/2012 Audited Financial Report was presented to the Audit Committee meeting of 30 October 2012 for consideration.

 

The Audit Committee resolved to "recommend that Council ADOPTS the Annual Audited Financial Report for the City of Wanneroo for the year ending 30 June 2012 as detailed in Attachment 1".

Comment

The City’s end of year operating result closed at a very satisfactory position, substantially better than the adopted budget. The favourable variance is mainly due to the better than budgeted performance in income derived from interest earnings and grants and contributions, in particular, the advance payment of 2012/2013 grant from the Local Government Grants Commission.  In addition, active monitoring of operating budgets across the organisation delivered generally lower than expected expenditures across the expenditure classifications. This has been slightly offset by increase in depreciation due to ongoing monitoring of this item.

 

The Audited Financial Report comprehensively demonstrated the City’s leadership to ensure the best use of our physical, financial and human resources. As reflected in page 4 of the report, “Statement of Comprehensive Income – By Program”, more than 90% of the City’s expenditures are spent on the community’s needs, in the main, Community Amenities, Recreation and Culture and Transport.

 

Of note on page 5 of the report, “Statement of Financial Position”, the City’s total assets have now exceeded $1 billion, reflecting the scale of the City’s operation and continuing growth.

Statutory Compliance

Local Government (Financial Management) Regulations 1996 regulation 36 specifies the information that is to be included in the Annual Financial Report.

 

Local Government (Audit) Regulations 1996 regulation 7 addresses the situation of audit.

 

In the Independent Auditor’s Report to the ratepayers of the City of Wanneroo dated 16 October 2012, the Auditor stated the following:

 

“I did not, during the course of my audit, become aware of any instance where the Council did not comply with the requirements of the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996 as they relate to the financial statements.”

Strategic Implications

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

 “4     Governance

4.6    Provide and maintain a high standard of governance and accountability

 

The Audited Financial Report provides the community with a report on the progress Council has made against the City of Wanneroo’s Strategic Plan 2006 – 2021.

Policy Implications

Nil

Financial Implications

As detailed in the Audited Financial Report.

Voting Requirements

Simple Majority

 

Recommendation

That Council ADOPTS the Annual Audited Financial Report for the City of Wanneroo for the year ending 30 June 2012 as detailed in Attachment 1.

 

 

 

Attachments:

1View.

Financial Report 30 June 2012

12/129632

Minuted

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   377


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       381


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   383


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       392


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   395


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       398


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   405


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       408


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   410


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       427


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                   429


 


 


 


 


 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                                                                       434


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2012                       436


 


 

3.24  Warrant of Payments for the Period To 31 October 2012

File Ref:                                              1859 – 12/133644

Responsible Officer:                           Acting Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

Presentation to the Council of a list of accounts paid for the month of October, including a statement as to the total amounts outstanding at the end of the month.

 

Background

Local Governments are required each month to prepare a list of accounts paid for that month and submit the list to the next Ordinary Meeting of the Council.

 

In addition, it must record all other outstanding accounts and include that amount with the list to be presented.  The list of accounts paid and the total of outstanding accounts must be recorded in the minutes of the Council meeting.

Detail

The following is the Summary of Accounts paid in October

 

Funds

Vouchers

Amount

Director Corporate Services Advance A/C

Accounts Paid - October

   Cheque Numbers

   EFT Document Numbers

TOTAL ACCOUNTS PAID

 

Less Cancelled Cheques

Bank Fees

Town Planning Scheme

RECOUP FROM MUNICIPAL FUND

 

 

89514 - 89932

1600 - 1619

 

 

$1,637,485.85

$8,235,117.97

$9,872,603.82

 

($7,522.47)

$12.50

($246,069.90)

($9,619,023.95)

Municipal Fund – Bank A/C

Accounts Paid – October

Muni Recoup

Direct Payments

Payroll – Direct Debits

TOTAL ACCOUNTS PAID

 

 

 

$9,619,023.95

$119,146.87

$4,375,040.73

$14,113,211.55

Town Planning Scheme

Accounts Paid – October

                           Cell 1

                           Cell 2

                           Cell 3

                           Cell 4

                           Cell 5

                           Cell 6

                           Cell 7

                           Cell 8

TOTAL ACCOUNTS PAID

 

 

 

 

$325.00

$325.00

$325.00

$1,073.58

$241,596.22

$325.00

$325.00

$1,775.10

$246,069.90

 

At the close of October outstanding creditors amounted to $1,646,432.66.

 

Consultation

 

Nil

 

Comment

The list of payment (cheques and electronic transfers) and the end of month total of outstanding creditors for the month of October is presented to the Council for information and recording in the minutes of the meeting, as required by the Local Government (Financial Management) Regulations 1996.

 

Statutory Compliance

Regulation 13(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to list the accounts paid each month and total all outstanding creditors at the month end and present such information to the Council at its next Ordinary Meeting after each preparation.  A further requirement of this Section is that the prepared list must be recorded in the minutes of the Council meeting.

 

Strategic Implications

Nil

Strategic Implications

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

 “4     Governance

4.6    Provide and maintain a high standard of governance and accountability

 

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Majority

 

Recommendation

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

 

Funds

Vouchers

Amount

Director Corporate Services Advance A/C

Accounts Paid - October

   Cheque Numbers

   EFT Document Numbers

TOTAL ACCOUNTS PAID

 

Less Cancelled Cheques

Bank Fees

Town Planning Scheme

RECOUP FROM MUNICIPAL FUND

 

 

89514 - 89932

1600 - 1619

 

 

$1,637,485.85

$8,235,117.97

$9,872,603.82

 

($7,522.47)

$12.50

($246,069.90)

($9,619,023.95)

Municipal Fund – Bank A/C

Accounts Paid – October

Muni Recoup

Direct Payments

Payroll – Direct Debits

TOTAL ACCOUNTS PAID

 

 

 

$9,619,023.95

$119,146.87

$4,375,040.73

$14,113,211.55

Town Planning Scheme

Accounts Paid – October

                           Cell 1

                           Cell 2

                           Cell 3

                           Cell 4

                           Cell 5

                           Cell 6

                           Cell 7

                           Cell 8

TOTAL ACCOUNTS PAID

 

 

 

 

$325.00

$325.00

$325.00

$1,073.58

$241,596.22

$325.00

$325.00

$1,775.10

$246,069.90

 

 

WARRANT OF PAYMENTS OCTOBER  2012

PAYMENT

DATE

DESCRIPTION

AMOUNT

00089514

03/10/2012

Mr M Npunzwenimana 

$480.00

 

 

  Bond Refund

 

00089515

03/10/2012

Christian Power of Pentecost Church 

$475.00

 

 

  Bond Refund

 

00089516

03/10/2012

Md Anwar Hossain 

$480.00

 

 

  Bond Refund

 

00089517

03/10/2012

Vincenzo L'Abbate 

$1,600.00

 

 

  Bond Refund

 

00089518

03/10/2012

Lisa Cuthbert 

$480.00

 

 

  Bond Refund

 

00089519

03/10/2012

Kim Fraser 

$480.00

 

 

  Bond Refund

 

00089520

03/10/2012

Kirsteen Iddon 

$480.00

 

 

  Bond Refund

 

00089521

03/10/2012

Kingsway Little Athletics 

$750.00

 

 

  Bond Refund

 

00089522

03/10/2012

North Coast Rangers Soccer Club 

$480.00

 

 

  Bond Refund

 

00089523

03/10/2012

Kirstin Giddens 

$480.00

 

 

  Bond Refund

 

00089524

03/10/2012

Quinns Districts Netball Club 

$480.00

 

 

  Bond Refund

 

00089525

03/10/2012

Gordon R Brown 

$480.00