Council Agenda

 

 

Ordinary Council Meeting

7.00pm, 13 November, 2012

Civic Chambers

Dundebar Road, Wanneroo


 

Public Question & Statement Time

 

Council allows a minimum of 15 minutes for public questions and statements at each Council Meeting.  If there are not sufficient questions to fill the allocated time, the person presiding will move on to the next item.  If there are more questions than can be dealt with in the 15 minutes allotted, the person presiding will determine whether to extend question time.

 

Protocols

 

During the meeting, no member of the public may interrupt the meeting’s proceedings or enter into conversation.  Each person seeking to ask questions during public question time may address the Council for a maximum of 3 minutes each. 

 

A register of person’s wishing to ask a question/s at the Council Meeting is located at the main reception desk outside of the Chamber on the night.  However, members of the public wishing to submit written questions are requested to lodge them with the Chief Executive Officer at least 30 hours prior to the start of the meeting i.e. noon on the previous day.

 

The person presiding will control public question time and ensure that each person wishing to ask a question is given a fair and equal opportunity to do so.  A person wishing to ask a question should state his or her name and address before asking the question.  If the question relates to an item on the agenda, the item number should also be stated.

 

The following general rules apply to question and statement time:

·             Questions should only relate to the business of the council and should not be a statement or personal opinion.

·             Only questions relating to matters affecting Council will be considered at an ordinary meeting, and at a special meeting only questions that relate to the purpose of the meeting will be considered.  Questions may be taken on notice and responded to after the meeting.

·             Questions may not be directed at specific members of council or employees.

·             Questions & statements are not to be framed in such a way as to reflect adversely on a particular Elected Member or Officer.

·             The first priority will be given to persons who are asking questions relating to items on the current meeting agenda.

·             The second priority will be given to public statements.  Only statements regarding items on the agenda under consideration will be heard.

 

Deputations

 

The Mayor and Councillors will conduct an informal session on the same day as the meeting of the Council at the Civic Centre, Wanneroo, commencing at 6.00pm where members of the public may, by appointment, present deputations relating to items on the current agenda. If you wish to present a deputation please submit your request for a deputation in writing, at least three clear business days prior to the meeting addressed to the Chief Executive Officer or fax through to Governance on 9405 5097.  A request for a deputation must be received by Governance by 12 noon on the Friday before the Council Meeting.

·             Deputation requests must relate to items on the current agenda.

·             A deputation is not to exceed 3 persons in number and only those persons may address the meeting.

·             Members of a deputation are collectively to have a maximum of 10 minutes to address the meeting, unless an extension of time is granted by the Council.

 

Please ensure that mobile phones are switched off before entering the Council Chamber.  Any queries on this agenda, please contact Governance on 9405 5027 or 9405 5018.


Recording of Council Meetings Policy

 

 

Objective

 

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

 

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

 

Statement

 

Recording of Proceedings

 

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

 

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

 

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

 

Access to Recordings

 

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

 

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

 

Retention of Recordings

 

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

 

Disclosure of Policy

 

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


 

 

Notice is given that the next Ordinary Council Meeting will be held at the Civic Chambers

Dundebar Road, Wanneroo on Tuesday 13 November, 2012 commencing at 7.00pm.

 

 

 

 

 

D Simms

Chief Executive Officer

8 November, 2012

 

 

 

CONTENTS

 

Item  1______ Attendances_ 4

Item  2______ Apologies and Leave of Absence_ 4

Item  3______ Public Question Time_ 4

PQ03-10/12     Mrs S Winton, Gibbs Road, Nowergup  4

Item  4______ Confirmation of Minutes_ 6

OC01-11/12     Minutes of Ordinary Council Meeting held on 16 October 2012  6

Item  5______ Announcements by the Mayor without Discussion_ 6

Item  6______ Questions from Elected Members_ 6

Item  7______ Petitions_ 6

New Petitions Received  6

Update on Petitions  6

PT01-10/12      Request for Lockable Gates, Highview Carpark, Alexander Heights  6

Item  8______ Reports_ 7

Planning and Sustainability  7

Policies and Studies  7

PS01-11/12      City Water Management Strategy and Local Planning Policy 4.4: Urban Water Management  7

Town Planning Schemes & Structure Plans  88

PS02-11/12      Reconsideration of Council Modifications for the Eglinton Local Structure Plan No. 82  88

PS03-11/12      Agreement of Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53  112

PS04-11/12      Adoption of Amendment No. 3 to the Agreed Structure Plan  No. 40  146

PS05-11/12      Agreement of South Yanchep  Local Structure Plan No. 66  167

PS06-11/12      District Planning Scheme No. 2 Amendment No. 115 - Jindee Smart Growth Community  182

Development Applications  263

PS07-11/12      Reconsideration of Development Application - Four Light/Security Poles - Lot 1378 (6) Jindalee Boulevard, Jindalee  263

Other Matters  268

PS08-11/12      Appointment of Community Representatives to the Environmental Advisory Committee and Amendment to the Terms of Reference  268

PS09-11/12      Small Business Centre North West Metro Funding 2012/13  277

PS10-11/12      Turning Movements from Kakadu Road onto Yanchep Beach Road, Yanchep  288

City Businesses  295

Regulatory Services  295

CB01-11/12      Application To Keep More Than Two Dogs  295

Property  301

CB02-11/12      Proposed Sub-Lease of Jindalee Beach Kiosk, Crown Reserve 20561, Jindalee  301

CB03-11/12      Future Redevelopment of Quinns Rocks Caravan Park, Mindarie  307

CB04-11/12      Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights. 342

CB05-11/12      Proposed Lease to Andrew Chai over a portion of Crown Reserve 44878, Kingsway Indoor Stadium, 130 Kingsway, Madeley  358

CB06-11/12      Proposed Excision and Purchase of a portion of Crown Reserve 45553, Hidden Valley Park, Clarkson  364

CB07-11/12      Proposed Lease to Wanneroo Agricultural Society (Inc) over a portion of the Wanneroo Showgrounds, Crown Reserve 12990, Wanneroo  372

Infrastructure  377

Infrastructure Projects  377

IN01-11/12       Flynn Drive Realignment & Upgrade (Wanneroo Road to Tranquil Drive, Neerabup) – Public Notice  377

Tenders  382

IN02-11/12       Tender No. 01222 for Supply and Installation of Rubberised Speed Cushions  382

Traffic Management  393

IN03-11/12       Brady Street, Wangara - Prevent Right Turn Movements Onto Ocean Reef Road  393

IN04-11/12       Kent Road, Marangaroo - Parking Prohibitions  398

IN05-11/12       2012/2013 Pathways (Road Reserve) Program - Budget Variation  402

IN06-11/12       Gnangara Road, Madeley - Speed Zoning Review - Community Consultation  406

IN07-11/12       Atley Pass, Carramar - Road Closure Proposal - Community Consultation  416

Other Matters  424

IN08-11/12       Review of Two Rocks and Quinns Beach Coastal Management  424

Community Development  432

Corporate Strategy & Performance  432

Finance  432

CS01-11/12      2011/2012 Audited Financial Report for the City of Wanneroo  432

CS02-11/12      Warrant of Payments for the Period to 31 October 2012  496

CS03-11/12      Financial Activity Statement for the Period Ended 30 September 2012  562

Governance  575

CS04-11/12      Annual Report 2011/2012  575

CS05-11/12      Donations to be Considered by Council - November 2012  601

Chief Executive Office  607

Office of the CEO Reports  607

CE01-11/12      Draft Strategic Community Plan  607

Item  9______ Motions on Notice_ 640

MN01-11/12     Cr Dot Newton – Request Waiver of Fees for Lions Club and Northern Suburbs Stroke Support Group  640

Item  10____ Urgent Business_ 642

Item  11____ Confidential_ 642

CR01-11/12     Legal Report - Lot 20 (69) Rousset Road, Mariginiup - Reconsideration  642

CR02-11/12     Tenancy Issues Related to the Quinns Rocks Caravan Park  642

Item  12____ Date of Next Meeting_ 642

Item  13____ Closure_ 642

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                                 4

 

Agenda

 

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

 

Lord

 

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

 

Amen

Item  1     Attendances

Item  2     Apologies and Leave of Absence

Item  3     Public Question Time

Public questions presented at the 16 October 2012 Council Meeting and taken on notice.

 

Question 1 Proposal by WA Limestone on Lot 1 Nowergup Rd Nowergup

 

a)           The Lime Industries Management Plan states land has been used continuously for limestone extraction and lime production.  Could Administration outline its position in relation to this claim of continuous use rights?  Has the City received legal advice in this regard and what does this opinion state?

 

b)           Is Administration aware that all adjoining landowners have signed statutory declarations stating that they have not witnessed any evidence of lime manufacturing or limestone extraction activities in excess of ten years?

 

c)           What independent evidence, other than that provided by Lime Industries, has the City gathered to establish what activities have occurred on this site as claimed by Lime Industries?

 

d)           What evidence will the City gather independently to substantiate the claims of continued use on this site by Lime Industries?

 

e)            The DEC refused to renew their licence for lime manufacturing last year.  Is the City aware that the DEC undertook a number of site visits and reported that no extraction or manufacturing of lime had occurred on this site for a long time and was in caretaker mode?

 

f)            In its noise study, Lime Industries identify 3 adjoining residences, each of these properties have an additional residence on the property that is not marked or studied in  this management plan?  Why would the City allow this proposal to be advertised to the public with such false statements?

 

g)           How can the City assess the noise impacts of this proposal on sensitive land uses that are not even included in this document despite them being 300m or less away from the quarry?

h)           This proposal was originally submitted in August 2011.  The City advised it wrote to the Lime Industries asking for additional information before it could be deemed to be suitable.  What advice did the City provide Lime Industries in relation to the part of the application that sought a lime manufacturing facility?  Why has Lime Industries deleted this part of the development application now?

 

i)             Referring to a previous question from the last Council meeting which was referring to 300-500m buffer zones, the City's Scheme Amendment 121 proposes a separation distance to not allow sensitive land uses within 300m of priority resource land.  Given that the majority of the sensitive land uses at the centre of this proposal were approved by Council before the existence of State Planning Policy 2.4 and the priority listing, will the City likewise protect the existing development from this proposed quarry?

 

Response by Mayor Roberts

 

Questions taken on notice.

 

Response by Director Planning & Sustainability

 

a)           Public questions have been answered in the past on this matter, dealing with the advice that the City previously received.  It is Administration's opinion that Lime Industries is not afforded continuing use rights due to the fact that the activities proposed to be carried out on the property, have not actually occurred continuously over the years, even though it is accepted that some of those activities may have occurred at one time or another in the past.  As a consequence the proponent was advised to submit an application for planning approval for its activities on the property.

 

Further Response by Director, Planning & Sustainability

 

Questions (b)-(i) have been investigated and further responses have been provided below:

 

b)           This information has not been made known to Administration in any submission received by the City from the adjacent landowners to date.

 

c)           The City's Officers have undertaken several site inspections of Lot 52 over the last 18 months, and noted that the activities are not continuous, as discussed in the answer to question (a).

 

d)           Refer to the answer provided for question (c), above.

 

e)            Administration is aware that the DEC has undertaken its own assessment of an application for a licence to commence the activities on Lot 52. As part of its assessment, Administration understands that officers from the DEC may have undertaken their own independent site inspections. Any summary of investigations from site inspections by officers from the DEC have not been received by Administration; however, as discussed in the answer to question (a), Administration is already aware of the status of activity on Lot at the present time, and therefore does not require the advice from the DEC on this matter.

 

f)            Nevertheless, should the proposed activities commence, any noise generated is required to comply with the Environmental Protection (Noise) Regulations 1997 at all times. In the event that noise from the proposed activities is emitted at a level that becomes a nuisance to local residents, Administration would investigate noise levels and if substantiated, require the property owner to undertake appropriate measures to ensure compliance with the Environmental Protection (Noise) Regulations 1997.  

 

g)           Refer to the answer provided for question (f), above.

 

h)           The application originally proposed a building to be constructed on Lot 52 (in addition to limestone extraction and earthmoving equipment training) that was to accommodate lime manufacturing. This building was proposed to replace facilities located in Osborne Park.

 

This building is no longer proposed by Lime Industries, as Administration has noted through the applicant's submission of information in April 2012. Lime Industries have submitted an application for this facility to be developed at Lot 552 Callaway Street, Wangara, which Administration is currently assessing.

 

i)             Administration has proposed the 300 metre Special Control Area from Priority Resource Areas as identified in SPP 2.4. This has been proposed only as part of Amendment 121, and as such similar Special Control Areas will not be applied outside any land parcel that is not subject to the Amendment.

 

The development application will be considered by Administration on its own merit irrespective of Amendment 121 currently being considered in land parcels considered nearby. In considering the application, Administration will note the effect of the proposed activities on nearby sensitive land uses (such as residences and the Ocean View Tavern).

 

 

Item  4     Confirmation of Minutes

OC01-11/12      Minutes of Ordinary Council Meeting held on 16 October 2012

That the minutes of Ordinary Council Meeting held on 16 October 2012 be confirmed.

Item  5     Announcements by the Mayor without Discussion

Item  6     Questions from Elected Members

Item  7     Petitions

New Petitions Received

Update on Petitions  

Cr Treby presented a petition of 31 signatures from residents of Alexander Heights requesting the installation of lockable gates at the car park at Highview Park in Alexander Heights to address the antisocial activity which occurs after hours.

 

UPDATE

 

Administration will present a report to the 11 December 2012 Ordinary Council Meeting on this matter.

 

Item  8     Reports

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

Planning and Sustainability

Policies and Studies

PS01-11/12      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

  


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Town Planning Schemes & Structure Plans

PS02-11/12      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

  


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PS03-11/12      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

  


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             146

PS04-11/12      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

  


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             167

PS05-11/12      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

Minuted

3View.

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

12/123746

Minuted

  


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             182

PS06-11/12      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 clause 9.8.2 of DPS 2 references Transect Zones instead of zones or the R Codes, and to ensure that only the relevant components of clause 9.8.3 apply to the 'Smart Growth Community' zone.

 

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 Clause 9.8.2 the term Transect Zone shall be used in place of the term Zone or Residential Density Code. Clauses 9.8.3(a), 9.8.3(b) and 9.8.3(f) shall not apply to the Smart Growth Community zone.";

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 to delete references to "part" or "pt" Lot 3054 and replace with "Portion Lot 3054";

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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Development Applications

PS07-11/12      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

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             266


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             267

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             268

 

Other Matters

PS08-11/12      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 Ordinary Council Meeting 13 November, 2012                                             271


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             273


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             275


 

 


 

PS09-11/12      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 Ordinary Council Meeting 13 November, 2012                                             282


 


 


 


 


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             288

PS10-11/12      Turning Movements from Kakadu Road onto Yanchep Beach Road, Yanchep

File Ref:                                               SD134873 – 12/133685

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider modifying the existing left-in/left-out vehicle access restriction at the intersection of Kakadu Road and Yanchep Beach Road, in order to introduce a right turn movement out of Kakadu Road into Yanchep Beach Road.

 

Background

Council at its meeting on 21 August 2012 considered a Motion on Notice from Cr Gray (MN01-08/12) regarding the Kakadu Road/Yanchep Beach Road intersection turning movements and resolved as follows:

 

"That Council REQUIRES the Director Planning and Sustainability to review and provide a report to Council to consider modifying the existing left-in/left-out vehicle access restriction at the intersection of Kakadu Road and Yanchep Beach Road, in order to introduce a right turn movement out of Kakadu Road into Yanchep Beach Road."

 

This report is submitted to Council in response to the above resolution.

 

Cr Gray's Motion on Notice was prompted by business operators in the existing Yanchep Service Industrial zone north of Stevenage Street, raising concerns in recent months that the prevention of right-turn traffic movements out of Kakadu Road and into Yanchep Beach Road is depriving their businesses of passing trade. Administration understands those operators have claimed that this situation has worstened since the Yanchep Woolworths supermarket opened (in October 2012) in the new, soon to be fully opened, Yanchep Shopping Centre south of Yanchep Beach Road. The business operators have expressed the view that shopping centre customers and other eastbound traffic wanting to exit Kakadu Road, are being forced to make a left-turn into Yanchep Beach Road, thus diverting traffic away from their businesses and reducing their connectedness and commercial competitiveness with the nearby Woolworths supermarket and the shopping centre generally. Administration's response to these concerns is contained in the Comment section of this report.

Detail

The Kakadu Road/Yanchep Beach Road intersection was created as part of Australand's adjoining Jindowie residential estate development, which was approved by the Western Australian Planning Commission (WAPC) in March 2009 (subdivision ref: 134873). Subdivision engineering drawings for the intersection were subsequently approved by the City in March 2012, with practical completion (and opening) of the intersection granted in July 2012.

 

An extract of the approved subdivision engineering drawings for this intersection is included as Attachment 1. This drawing depicts (in bolder lines) the approved (and now constructed) intersection, comprising a median island within Yanchep Beach Road allowing left in/left out only movement as an interim.  This drawing also depicts (more faintly lined) the ultimate full movement intersection that is planned once this segment of Yanchep Beach Road is dualled in future.

 

 

The existing intersection treatment is consistent with the design for this intersection, as depicted on Local Structure Planning No. 40 (LSP 40) for the land on the south side of Yanchep Beach Road (agreed on 5 November 2007) (refer Attachment 2).

 

Other relevant factors supporting the current intersection design are as follows:

 

·        The plans adopted for land opposite this intersection, on the north side of Yanchep Beach Road (namely the Yanchep City Structure Plan and Detailed Area Plan for Lot 608), show a future north-south road running along the western boundary of Lot 608 with a left-in/left-out intersection with Yanchep Beach Road, some 65 metres to the west of the Kakadu Road/Yanchep Beach Road intersection (refer Attachments 3 and 4 respectively). If this road were to be built prior to Yanchep Beach Road being dualled and if a right-turn movement were to be allowed out of Kakadu Road, the current spacing between these two intersections would need to be increased from 65 metres to 150 metres, to accord with Liveable Neighbourhoods design standards;

 

·        The WAPC's subdivision approval for the Jindowie estate did not require the dualling of any portion of Yanchep Beach Road. As such, the City could not compel the developer (Australand) to dual the portion of Yanchep Beach Road east and west of the intersection with Kakadu Road that would have otherwise created the opportunity to provide full movement (left-in/left-out and right-in/right-out) at this intersection, incorporating a wider median strip for storage of turning vehicles;

 

·        A line of mature trees are contained within the southern side of the Yanchep Beach Road verge. These trees are notionally shown in the plan included as Attachment 1. These trees are proposed to be retained and incorporated in a new central median when Yanchep Beach Road is eventually dualled in future. The current intersection configuration deliberately involved minimal widening of the road pavement along Yanchep Beach Road in order to protect those trees;

 

·        Council's adopted Local Planning Policy 3.8: Marmion Avenue Access depicts only the ultimate road intersections along Yanchep Beach Road in this location and does not address interim intersection treatments, pending the dualling of that road in future. The design of intersections in the meantime is therefore guided by the relevant Austroads design guidelines and Liveable Neighbourhoods.

Consultation

Nil

Comment

Central to the argument being raised by some business operators in the Yanchep Service Industrial zone is the claim that prevention of right-turn movements out of Kakadu Road into Yanchep Beach Road, is depriving their businesses of passing trade and connectedness with the new Yanchep Shopping Centre, thus disadvantaging them from competing with the Woolworths supermarket now operating at the shopping centre.

 

Administration does not accept the above argument for the simple reason that drivers wanting to drive east along Yanchep Beach Road will do so (and will therefore pass Welwyn Avenue – the entry road into the Service Industrial Area) irrespective of whether a right-turn movement is available out of Kakadu Road or not. This is particularly true if those drivers are returning home after visiting the shopping centre.

 

 

 

 

While it is open to Council to remove the narrow median that has been constructed in Yanchep Beach Road to prevent right-in/right-out movements into/out of Kakadu Road, this is not supported by Administration for the same reasons as it was not supported when Kakadu Road was being designed in the first instance, as outlined in the Detail section of this report. Furthermore, any change to the existing intersection will require approval from Main Roads WA for revised traffic signage and line marking, which approval will not automatically be granted.

Statutory Compliance

The current intersection design complies with Local Structure Plan No. 40 and relevant design standards.

 

Strategic Implications

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

 “3     Economic

3.3    Provision of timely and coordinated regional infrastructure

Policy Implications

Local Planning Policy (LPP) 3.8 shows a full movement T-intersection at Kakadu Drive/ Yanchep Beach Road as an ultimate intersection treatment when Yanchep Beach Road is dualled in future.

Financial Implications

Reconfiguration of the Kakadu Road/Yanchep Beach Road intersection to allow right-out traffic movements from Kakadu Road into Yanchep Beach Road is estimated to cost in the order of $40,000. No specific budget has been provided for such work to occur.

Voting Requirements

Simple Majority

 

Recommendation

That Council MAINTAINS the existing left-in/left-out intersection configuration of Kakadu Road and Yanchep Beach Road, Yanchep, as constructed and NOTES that in accordance with the agreed planning for the area, full traffic movements are planned for this intersection when Yanchep Beach Road is dualled in future.

 

 

 

Attachments:

1View.

Attachment 1

12/136960

 

2View.

Attachment 2

12/137252

 

3View.

Attachment 3

12/133915

 

4View.

Attachment 4

12/133914

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             291


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             292


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             293


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             294

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             295

 

City Businesses

Regulatory Services

CB01-11/12      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 Ordinary Council Meeting 13 November, 2012                                             301

 

Property

CB02-11/12      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 Ordinary Council Meeting 13 November, 2012                                             306


 

CB03-11/12      Future Redevelopment of Quinns Rocks Caravan Park, Mindarie

File Ref:                                               3320 – 12/120634

Responsible Officer:                            Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the future redevelopment of the Quinns Rocks Caravan Park, Mindarie.

 

Background

The Quinns Rocks Caravan Park (the Caravan Park) is located on a portion of the City’s freehold Lot 211 Quinns Road, Mindarie. Lot 211 has a total area of 11.042ha of which the Caravan Park comprises approximately 2.1ha. It is set on the western boundary of Lot 211 behind lightly vegetated coastal sand dunes.  The northern border of the Caravan Park adjoins the Quinns Mindarie Surf Life Saving Club and Portofinos Restaurant development.  The eastern and southern extents of the Caravan Park are bounded by natural coastal heath which is designated as portion of Bush Forever Site 397.

 

Property details:

Address:

2 Quinns Road, Mindarie WA 6030

Legal Description:

Estate in Fee Simple

Lot 211 on Diagram 27023

Certificate of Title:

Volume: 481 Folio: 181A

Land Area:

11.042ha

MRS Zoning

Regional Reservation – Parks and Recreation

DPS2 Zoning

Regional Reservation – Parks and Recreation

 

The Caravan Park was originally constructed in the late 1960’s and is licensed to provide 60 powered caravan sites.  The City leased out the caravan park in 1976 and since then, has had various management and lease arrangements in place. Attachment 1 outlines the administrative history of the Caravan Park, including the development of a Structure Plan for Lot 211 commencing in 2000, lease and operational requirements in 2002 and Site Master Planning in 2005.

Detail

The caravan park was originally constructed in the 1960’s when Quinns Rocks was relatively isolated and sparsely populated. The caravan park is licensed to provide 60 powered sites comprising a mixture of grassed and concrete pad sites and is accessed by a one-way circular road through the caravan park.

The two main structural improvements comprise two brick buildings with asbestos roofing. One contains the Manager's residence and office, the other consisting of the main ablution and laundry block. The building comprising the Manager's residence appears structurally sound however the adjoining office area has been subject to significant termite infestation rendering the office unusable.  This area is currently closed to the public.

The ablution block, would be considered substandard but in an operational condition.

 

 

 

There are signs of cracking to wet area tiling, uneven floor levels and associated water drainage issues. In addition the disabled access ramps to the ablution block and the showers and toilets are not compliant with current disabled access requirements.

 

Recently the City has undertaken remediation works at a cost of approximately $25,000 to mitigate known minor risks which included issues within the ablution block. Pathways constructed from old concrete slabs that did not comply with current standards, inadequate lighting and issues with internal ceilings have also been rectified.

 

Additionally there are limited and very basic amenities for use by the public, with substandard laundry facility and the lack of a ‘camp kitchen’. The barbecue area is not protected and comprises one single portable gas barbecue.

 

The ablution block and the Manager's residence are the only facilities on the site currently connected to the main sewer line. Throughout the caravan park all existing sullage diposal points and those caravan sites fitted with individual septic facilities, are connected to soak wells or septic tank systems.

 

Whilst some essential minor maintenance and compliance works have been undertaken by the City in recent years, there are still significant compliance issues at the Caravan Park that are reflective of the age and general deterioration of the facility. 

 

Improvements to the Caravan Park and Surrounds:

 

Since 2005 the following improvements have been made to the existing Caravan Park facility:

·    Redesign/relocation of entry point road to 6 metre width;

·    Resurfacing of existing internal road;

·    Minor upgrade of power supply and fire service;

·    Provision of temporary disabled access ramp to the men's ablutions;

·    Provision of entry swing gate and lighting;

·    Upgrade/replacement of power outlets servicing the sites;

·    Fencing to southern boundary and installation of lighting;

·    Additional lighting at rear of ablution block;

·    Provision of steps and lighting to access non-powered area;

·    Provision of new washing machines, dryer and clothes lines;

·    Removal of on-site vans owned by the City;

·    Connection of residence and ablution block to sewer; 

·    Minor upgrade to the residence;

·    Repair to damaged concrete pads;

·    Repair ceilings in male ablutions;

·    Replace ablution slab pathway;

·    Upgrade ablution lighting;

·    Provide baby bathing facilities; and

·    Provision of separate kitchen facilities for campers.

 

In addition to the minor improvements to the Caravan Park, Lot 211 has undergone a significant transformation with the removal of the old foreshore public toilet block and the development of the foreshore reserve and Quinns Mindarie Surf Lifesaving facility as well as the more recent lease and private development of the Portofinos Café/Restaurant and public toilet facilities. 

 


 

 

Risk and Compliance issues:

Health and Building inspections have revealed nearly 40 areas of non compliance and risk and Administration has taken the following actions, as outlined below.

Strategic Risk Assessment

The City recently commissioned the services of Local Government Insurance Services (LGIS) to prepare a strategic risk assessment of the Caravan Park. The assessment was presented to the City in August 2012. A full copy of the assessment is provided as (Attachment 2 refers).  The scope of works required LGIS to assess four practical options for the Caravan Park, assess those options and provide practical solutions in the form of treatment options. 

1.      Undertake no additional works to the site but close caravan park (Park Closure);

 

2.      Complete upgrade of all existing site infrastructure and facilities to meet management, operational and compliance requirements (Complete Upgrade);

 

3.      Upgrade of existing site infrastructure and facilities to satisfy compliance requirements (Interim Upgrade); and

 

4.      Undertake no additional works to the site but continue to operate as a caravan park (Do Nothing).

LGIS also identified three risk groups and rated them according to the 'City of Wanneroo Risk Assessment Tables (as at 4 April 2012)'.  The results indicate high levels of risk for failing to provide a safe and fit for purpose caravan park, and failing to comply and maintain compliance with relevant legislation and standards with a lesser risk of failing to contain on-site hazards/materials resulting in environmental damage (refer pages 6 and 7 of the LGIS report). In the Executive Summary of the report it was identified that the Park Closure option is the suggested option based on the risk assessment, but that the City have a clear communication and relocation strategy and engage the Department of Commerce to assist, obtain a legal opinion on liability issues and adequately secure the site once closed to prevent unauthorised entry.

 

The report also suggests that consideration be given to expanding the Park Closure option to providing a smaller compliant caravan park located within the boundaries, at a cost less than the compliance upgrade option, to cater for highly dependent tenants therefore reducing the reputation impacts of this option.

 

Subsequently Administration has taken recent immediate action to, as far as is practicable, mitigate known risk including restricting casual use of the Park to a minimum. The following summary outlines three phases of remediation identified:

 

1 - Immediate Remediation and Mitigation of Minor risks:

 

Administration has, at the date of this report, resolved or remediated some 23 issues at a cost of approximately $25,000; the more significant being:

·    Secured unsafe ceiling in ablution block;

·    Repaired damaged concrete areas throughout; and

·    Provided weatherproof lighting to the ablution block.

 


 

 

2 - Medium Term required risk mitigation works:

 

The following works are still required but involve significant time and expenses to be outlaid, noting that no approved funding is in place for these works:

 

City issues;  

Part of the Managers' residence/office and concrete shed has been condemned by Building Approvals under a Building Order Notice to the City. This will require some demolition and the provision of a new Colour bond shed (subject to planning approval) on a concrete pad at an estimated cost of $10,000. This is an interim measure only to allow intrusion into the asbestos roofing to permit inspection in the remainder of the structure. The total structure may then need demolishing and replacement at an approximate cost of $200,000. 

The Ablution block floor tiling needs to be completely replaced at an approximate cost of $30,000. Again temporary shower facilities may need to be provided at a hire cost of $1,000 per week whilst retiling is undertaken, or where partial retiling cannot be undertaken with access being maintained.

 

Other significant items identified requiring remediation by the City are:

 

·        New stairs and balustrade to camp site at an approximate cost of $20,000;

·        Sullage disposal points need replacing and can only be provided in the event of a major upgrade; and

·        Road width is inconsistent and not the required width in many places and the internal road needs to be completely redone at an approximate cost of $105,000.

It is considered that the City would need to expend in the order of $367,000 as shown in the table below to provide a compliant Caravan Park.

Tenant/Resident issues;

These issues as listed below, need to be remedied by the occupier and the City will be required to issue appropriate notices for rectification however it should be noted that the majority of these issues would be resolved under the closure option:

 

·        Remove/replace unsafe structures such as sheds and "lean to's";

·        Resolve mobility issues with four sites as these caravans appear to be incapable of being towed or moved as per the requirements of the Caravan Parks and Camping regulations 1997;

·        Resolve structural caravan issues with three sites;

·        Relocate caravans to achieve legal setback (if indeed they can be moved without extensive damage);

·        Resolve separation issue between two sites; and

·        Ensure toilet waste is not being discharged into sullage points (soak wells).

A Risk Matrix of unresolved issues (Residual Risk) is shown below. This table shows the issues, the risk score, the approximately cost and relevant legislation, under which the compliance is required.

 

 

 

 

 

 

 

 

QRCP Risk Matrix - Residual risk

Likelihood

Consequence

Relevant

Item

$

 1 - 5

 1 - 5

Law

CITY ISSUES

 

 

 

Demolish Office/residence and Sheds (to be confirmed post inspection)

50,000

5

3

Building Act 2011

Park home to suit

125,000

 

 

plus connection etc

Fees in connection with above

25,000

 

 

 

Tiling to ablutions

30,000

4

2

Caravan & Camping Grounds Act

Temporary ablutions (3 months, if required)

12,000

 

 

$1,000 per week

New stairs and balustrade to camp site

20,000

5

2

National Construction Code

Sullage disposal points (on full upgrade only)

 

 

Caravan & Camping Grounds Act

Road width (on full upgrade only)

105,000

5

2

Caravan & Camping Grounds Act

Chemical toilet disposal facility (on full upgrade only)

 

 

Caravan & Camping Grounds Act

Disability access (on full upgrade only)

 

 

National Construction Code

Pathways (on full upgrade only)

 

 

Caravan & Camping Grounds Act

Subtotal

367,000

 

 

 

RESIDENT ISSUE

 

 

 

Unsafe structures - Sheds

 

 

Building Act 2011 and

Caravan & Camping Grounds Act

Mobility issues for 4 sites

 

 

Caravan & Camping Grounds Act

Structural issues with caravans on 3 sites

 

 

Caravan & Camping Grounds Act

Caravan set backs from road

 

 

Caravan & Camping Grounds Act

Caravan separation issues for two sites

 

 

Caravan & Camping Grounds Act

Inappropriate use of sullage points

 

 

Caravan & Camping Grounds Act

Subtotal

0

 

 

 

Total

367,000

 

 

 

 

NOTE: The majority of Residents non-compliance issues would be resolved with the issue of 180 day notices to those that do not meet the criteria to remain at the Caravan Park.

3 – Major upgrade of existing facility to contemporary standards:

Some of the remediation issues are too large and complex to undertake whilst residents are in situ and would form part of a comprehensive upgrade. The cost of this upgrade is assessed at $3.1 million for which no approved funding is identified. The main elements of the upgrade are as follows:

 

 

 

 

 

$

New Office / Manager Residence

400,000

New ablutions block

500,000

Electricity upgrade

300,000

Water/Sewer upgrade

500,000

Internal Roads

105,000

Asbestos removal

100,000

Chemical toilet disposal facility

incl above

Assessment, Design, contingency

600,000

 

Subtotal

2,505,000

 

Relocation of (say) 8 residents

Self contained Park homes to suit

600,000

 

Minimum expected cost to upgrade 

3,105,000

It is considered that there would minimal return on this investment and it would be difficult to justify under the current configuration of the Caravan Park.

Administration has reviewed the LGIS risk treatment options and, together with the identification of issues outlined by Building and Health, considers that Council has four options in relation to the future of the Caravan Park:

1.     Undertake no additional works but continue to operate 'as is' (Do Nothing)

For the City to maintain the status quo at the Caravan Park is not an option and is in no way supported by Administration. As a City owned and operated asset it is subject to the same occupational safety and health umbrella as any other workplace operated by the City.  To retain the Caravan Park as is, the City would be derelict in its duty of care to contracted management and patrons.

 

2.     Residual Risk Upgrade (Interim Upgrade)

This option relates to an interim solution only and would only temporarily address some of the major compliance issues identified, including the replacement of the Manager's residence and office, a minor renovation of the ablution facilities, road and pathway issues, wastewater disposal issues and caravan mobility concerns.  The Caravan Park would remain open during this scenario and temporary ablution facilities would need to be provided during the renovation process.

It has been estimated that funding in the order of $367,000 would be required to rectify these issues which can be partially funded from Caravan Park Reserve  - Capital Works project PR-1010 which contains $290,000 in 2012/13.  This option allows for the Caravan Park to remain open in a highly restrictive and interim manner through to June 2014, whereby there is no casual usage, 180 day notices provided to all tenants except for those identified as "eligible for ongoing support for 2 years".  These remaining tenants would have a 2 year tenancy period and would be required to make their caravans compliant.

3.     Major Upgrade/Renewal (Complete CoW Upgrade)

Under this option all compliance, safety and health issues that have been identified will be fully addressed. 

 

As part of the initial project management of this upgrade a full assessment, design and contingency process will be required to be undertaken.  City issues related to this upgrade will incorporate a new Manager's residence/office, new ablution, full upgrade of all services, road upgrade and removal of all hazardous material.

This option requires the consideration of the relocation of those existing residents that can be identified on compassionate grounds as suffering genuine hardship as it would be impossible to retain any existing structures or sites during a major upgrade of this nature.  It is proposed that they could be accommodated into on-site self contained park home/chalet type accommodation provided by the City. Funding of the chalets is estimated at $600,000 however the chalets would provide a regular annual income stream of $42,000 which would offset depreciation and borrowing costs.  This option, should it be addressed would require only minimal additional expenditure on compliance issues since the Caravan Park would effectively be closed in 180 days, however is subject to the lengthy planning and approvals process with the Western Australian Planning Commission (WAPC).

In the event that the City pursues such an option, under the Caravan Parks and Camping Grounds Act 1995 and Caravan Parks and Camping Grounds Regulations 1997 a manager is required to be resident onsite at all times even with minimal occupants.

Estimated costing for the chalets/cabins is as follows:

·    8 x 1 Bedroom/1Bathroom chalet                                $420,000

·    Delivery, installation, additional fixtures                       $60,000

·    Connection to services, access construction              $120,000

                                                                                    $600,000 (ex GST)

It has been estimated that provisional funding of approximately $3.1 million would be required to complete this comprehensive upgrade.  This option allows for no casual usage, 180 day notices provided to all tenants except for those tenants identified as "eligible for ongoing support", whereby they would be relocated to alternative accommodation.

Post the full upgrade of the Caravan Park which would take at least 12 months, it would then be opened for business with the status quo configuration of approximately 50 sites available for casual use, with 8 chalets for residential use.  Administration has no reason to believe that the development would not be supported in principle by the WAPC.

Based on current fees and charges, 50 sites (with a current annual occupancy rate of 63%) equates to $318,000 income plus the chalet lease income at $101 per week x 8 sites = $42,000 being total annual income of $360,000 (inclusive of GST if applicable).

This option is not supported by Administration predominantly as the current configuration provides a marginal result to the City even before the impact of depreciation and funding costs, which would result in a significant loss to the City as shown in the table below:

 

 

 

 

 

 

 

Quinns Rocks Caravan Park – Financial Performance

 

2009/10

2010/11

2011/12

Post $3.1m Upgrade

Income

 

 

 

 

   Leased site rental

125,596

118,457

111,621

42,000

   Casual/Holiday fees

154,443

195,657

194,989

318,000

   Washing machines

6,495

6,114

5,976

0

   Electricity recoup

11,647

13,061

11,092

0

Total

298,181

333,289

323,678

360,000

 

 

 

 

 

Expenditure

 

 

 

 

   Contract Expenses*

111,371

119,959

130,233

134,000

   Maintenance/consumables

11,020

10,768

10,190

11,000

   Utilities

40,594

67,701

52,257

55,000

   Sundry exp/memberships etc

2,021

1,531

2,003

2,000

   Insurance and ESL

6,062

7,507

5,876

6,000

   Refuse removal

0

7,765

9,396

10,000

   Internal costs/cost allocations

77,232

94,576

47,372

50,000

   Depreciation

4,229

4,333

5,009

7,000

Total

252,529

314,140

262,339

275,000

 

 

 

 

 

Net Profit

$45,652

$19,149

$61,339

$85,000

 

 

 

 

 

Under the $3.1 m major upgrade the following costs need to be taken into account:

 

Depreciation at 2.5%

Borrowing Costs @ say 6%

Resulting in a Loss of

77,500

       

186,000

 263,500  

 

$178,500

 

 

 

*Contract Expenses include annual management fee.

 

4.     Park Closure (Staged)

This option is supported by Administration and includes the staged closure of the Caravan Park by ceasing casual bookings and issuing 180 day notices to those residents that do not meet the criteria to remain (refer Confidential Report).  It includes an option for the relocation of those residents identified under compassionate grounds that do qualify to remain (refer Confidential Report).

This option includes the construction of on-site self contained park home/chalet type               accommodation. Funding of the chalets, estimated at $600,000 is critical, however the chalets would provide a regular annual income stream of $42,000 which would offset depreciation and borrowing costs.  This option, should it be addressed, would require only minimal additional expenditure on compliance issues since the Caravan Park would effectively be closed in 180 days.  Budgeted funds of $290,000 under Capital Works project PR-1010 would not be directed towards the cost of the chalets. 

In addition to not requiring expensive remedial works, the City would incur only minor operating costs whilst any redevelopment of the closed portion of the site is being evaluated.  It is also considered that the chalets could be incorporated into any future redevelopment proposal thereby recovering the acquisition costs.

 

 

It would be intended that if the City purchased these, as the timing will not await a developer, then there is a potential for the depreciated cost to be recovered from the developer, as there may be a need for such accommodation units within a mixed accommodation low impact tourist facility.

The supply and installation of the chalets and associated services would be conducted in accordance with the City's tender processes, and would be subject to WAPC Planning Approval.

Consultation

Health and Building officers as well as Infrastructure officers have assisted in identifying and remedying some of the risk and compliance issues existing.

Administration will continue to consult with the residents' representative group over the coming months as to how those residents who may be offered agreements will be accommodated, including potential relocation within the Caravan Park and/or offsite. As stated any discussions regarding relocation offsite will include close liaison with the Department of Commerce and the Department of Housing to assist with advice and assistance for those affected.

In addition the City will need to monitor those residents that will not be offered extensions so that they are able to leave the Caravan Park in a dignified and organised manner, again with the assistance of the Department of Commerce if required.

Comment

With the continuing development of the northern coastal corridor and subsequent increase in population, it is important that community assets be maximised, particularly those with the capacity to deliver unique benefits and experiences.  The City has committed significant funds in enhancing Lot 211 and this has been complemented by the construction of a café/restaurant, the upgrade of Ocean Drive and Quinns Mindarie Surf Club.

It is considered that the closure and redevelopment of the caravan park site provides a unique opportunity for the City to continue creating a multi purpose tourist precinct at Lot 211. 

The Quinns Rocks Caravan Park facility is dated and would require a significant upgrade to be able to bring it up to an acceptable standard for a caravan park in today's terms.

Whilst it is recognised that caravan parks can provide a valuable service to the tourism industry, it is questionable that the City should continue to operate the Quinns Rocks Caravan Park, particularly in its current configuration. The recent LGIS risk assessment combined with assessments by the City's Building and Health Services areas confirm that the Caravan Park would require significant funds to bring it up to today's standards and it would be more appropriate to redevelop the facility, as it is located in a significant tourism precinct within the City.

It is recognised that there are sensitive and compassionate issues with any closure proposal as some of the permanent residents have called the Caravan Park home for many years.  These matters will need to be addressed and every effort will be made to support those in most need of assistance by providing them with a limited short term extended tenure. 

Up until 31 August 2012 occupation of the Caravan Park "residents" was split into three distinct categories, however the treatment of many of these residents changed as at 1 September 2012.  The three categories of residents are detailed as follows:

1.   Semi-permanents (3 sites)

There are 3 sites that have caravans/park homes that are owned by individuals however they are not occupied as their principal place of residence rather they are treated as holiday sites.  There are no formalised agreements in place.

 

2.   Long-stay Sites (2 sites)

These two sites are also occupied by individuals that own their caravans.

3.   Residential Tenancy Agreement Sites (17 sites)

These 17 sites were under Residential Tenancies Act 1987 agreements for a term of 9 years and 11 months that expired on 31 August 2012.

Legal advice has confirmed that from 1 September 2012 the 17 sites currently under Residential Tenancies Act 1987 agreements that expired on 31 August 2012 together with the 3 semi-permanent sites and 2 existing long-stay sites would now all be subject to the Residential Parks (Long-stay Tenants) Act 2006 however, until new fixed term agreements are in place the residents would be on a week to week periodic tenancy. 

This situation is clearly not ideal on compassionate grounds and an agreed fixed term is preferred at very least to provide those residents that meet the criteria with some degree of certainty beyond week to week occupancy, which was the arrangement prior to the 9 year 11 month lease.

As a result Administration supports the gradual and staged closure of the Quinns Rocks Caravan Park with the initial stage including the following:

1.   Cease taking holiday/casual bookings –  1 December 2012 ;

2.   Extension of Management Agreement – 1 October 2012 to 30 September 2013. This has already been approved under delegated authority;

3.   Issue 180 day notices of termination on 1 December 2012 to occupants of all sites who do not meet the criteria seeking vacant possession on 1 June 2013; and

4.   Make offers on 1 December 2012 to the occupants of those sites that do qualify for a new 2 year agreement.

The criteria and determination of those occupants who are deemed to qualify for the new 2 year agreement are outlined in the associated Confidential Report. 

The following is a matrix summary of the options available to Council:

 

Risk

Cost

Timing

Dates

Do Nothing

Risk remains

$35,000

N/A

N/A

 

 

Interim Upgrade

Mitigates risk

$370,000

180 day notices to all except eligible.

Eligible residents to remain on current site and comply.

 

Notices given 1 December 2012

Leases to eligible residents due to expire 30 November 2014.

 

Complete Upgrade

Eliminates risks

$3,100,000

180 day notices to all except eligible.

 

Eligible to receive 24 month extension.

 

Relocate eligible to within the Park in new park homes.

Notices given 1 December 2012

Leases to eligible residents due to expire 30 November 2014.

 

Park Closure

Eliminates risks

$600,000

180 day notices to all except eligible.

 

Eligible to receive 24 month extension.

 

Relocate eligible to  within the Park in new park homes, as an option pending planning approval.

Notices given 1 December 2012

Leases to eligible residents due to expire 30 November 2014.

 

Planning and Development Issues

 

It is essential to note that although Lot 211 is owned by the City as freehold land, it is reserved for Parks and Recreation under the Metropolitan Region Scheme (MRS), which is administered by the Western Australian Planning Commission (WAPC). Any use or development of the land will therefore need to comply with the MRS and the approval requirements thereof.

 

If Council decides to provide alternative transportable accommodation on the subject lot for some of the existing park residents, then it must first obtain planning approval for that development from the WAPC under the MRS, in addition to obtaining any subsequent approval/permit to clear vegetation that might need to occur as a result of that accommodation. Therefore, Council should not make any decision to acquire, install or construct alternative accommodation on the subject site, until or unless it has obtained approval for that development under the MRS.

 

If additional accommodation is to be provided on site in the form of transportable pre-fabricated accommodation units, then plans and specifications will need to be sourced from a specialist manufacturer of that type of accommodation (of which there are many) in order to actually prepare and lodge a development application. Having said that, Council would first need to decide whether additional accommodation is to be provided on site and if so how much accommodation and incorporating what design elements? To address these issues, Administration proposes the following sequence of steps to prepare and lodge an application for planning approval for additional on-site transportable accommodation and then pursue that application if approved by the WAPC:

 

1.   Administration to prepare a separate report to Council (by February/March 2013) to endorse a plan for the installation of seven one bedroom, one bathroom transportable pre-fabricated accommodation units on site, to form the basis of an application for planning approval under the MRS. In preparing such plans for Council's endorsement, Administration will most likely need to explore and present to Council different design and manufacturer options for the accommodation units and their estimated costs;

 

2.   Once the WAPC makes a decision on the above-mentioned application for planning approval, Administration will submit a further report to Council to review that decision and provide further direction to Administration. If the application is approved subject to appropriate conditions, the report to Council would also contemplate lodgement of any clearing permit/application for the works (if required) and authorising Administration to obtain quotations/call tenders for the supply and installation of the transportable accommodation units;

 

 

 

 

 

3.   If (upon considering the quotes/tenders) Council appoints a manufacturer who's accommodation design or other details differs materially from those approved by the City, then that will necessitate either revised plans being lodged for WAPC approval, or (if the variation is more significant) lodgement of a fresh application for planning approval; and

 

4.   Only once all of the above steps are completed and necessary approvals obtained, will the City be in a position to commission installation of the accommodation units.

 

The two year fixed term occupancy that is being recommended by Administration (in Recommendation 2) is expected to provide sufficient time for the above-mentioned sequence of steps to be completed. If however, this would seem to no longer be the case at any stage of the process, Administration would submit a report to Council to consider extending the two year fixed term for those affected residents to account for the delay, or to provide alternative direction to Administration, which could include the provision of accommodation for residents off site.

 

Concurrently with the above steps, Administration will also separately develop a framework and sequence for Council's consideration, to ultimately establish a clear Council-endorsed vision for the site.

Statutory Compliance

As the operator of the Quinns Rocks Caravan Park the City must comply with the requirements of the Caravan Parks and Camping Grounds Act 1995 and Caravan Parks and Camping Grounds Regulations 1997.

All residential tenancy arrangements for long term residents of the Caravan Park are in accordance with the Residential Parks (Long-stay Tenants) Act 2006.

 

Any development will require WAPC approval.

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

The closure of the Caravan Park to casual/holiday bookings from 1 December 2012 will result in a reduction of the gross income to the City of up to $120,000 in 2012/13. Whilst there will be no direct saving under the Management Agreement in 2012/13 a saving the following year may be expected if the Caravan Park was closed to casual/holiday use.

 

The City has expended approximately $25,000 to date on small remediation issues and this coupled with the provision of a storage shed at $10,000 can be expensed from the Caravan Park Reserve (Capital Works project PR-1010) which contains approximately $290,000.

Depending on Council decisions, $255,000 is available for further works or consultancy. Any shortfalls in Council approved funding, will be addressed at the mid-year review for 2012/13 if required.

 

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.      APPROVES cessation of holiday/casual usage at the Quinns Rocks Caravan Park from 1 December 2012;

2.      AGREES to offer a two year 'fixed term site only' long stay agreement under the terms of the Residential Parks (Long-stay Tenants) Act 2006 to those occupants to be determined by separate resolution of Council;

3.      AGREES to issue 180 day notices of termination in accordance with Section 42 of the Residential Parks (Long-stay Tenants) Act 2006 to those occupants to be determined by separate resolution of Council;     

4.      REQUIRES Administration to submit a report to Council to consider options for and endorsement of plan(s) for the installation of seven one bedroom, one bathroom transportable pre-fabricated accommodation units on the Quinns Rocks Caravan Park site, to provide alternative accommodation for occupants affected by 2 above, in order for such plan(s) to form the basis of an application for planning approval of the same under the Metropolitan Region Scheme; and

5.      REQUIRES Administration to submit a report to Council to consider a framework for establishing a clear vision for the site.

6.                           

 

Attachments:

1View.

Administrative Background to the Quinns Rocks Caravan Park

12/134656

 

2View.

LGIS Strategic Risk Assessment

12/105189

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             320


 


 


 


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             325


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             342

CB04-11/12      Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights.

File Ref:                                               6305 – 12/121198

Responsible Officer:                            Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To approve in principle the development and lease of the proposal by the Vietnamese Community in Australia/WA Chapter Inc. for the development and lease of the Civic and Cultural site located at Lot 5483 (41) Park Lane, Alexander Heights.

 

Background

In June 2010 the City was approached by Vietnamese Community in Australia/WA Chapter Inc. (Vietnamese Community) with an interest in leasing a suitable site to construct a multipurpose community and cultural centre.  Initial discussions identified the City owned vacant land located at 44 Azelia Street, Alexander Heights adjoining Highview Park as a potential development site. 

 

The Azelia Street site is zoned ‘Parks and Recreation’ under the City’s District Planning Scheme No.2 (DPS2) and comprises an area of 2000m² and is undeveloped. The land is covered with native vegetation and is separated from Highview Park by a 61 bay car park.  This property was transferred to the City from the developers in March 1989 as a community purpose site.

 

The City subsequently received a formal request from the Vietnamese Community to lease the Site for the purpose of the construction of a community and cultural centre. 

 

Following the development of an Expression of Interest (EOI) package an advertisement was placed in The West Australian Newspaper on 23 April 2011 with submissions closing on 13 May 2011.  One expression of interest was received from the Vietnamese Community In Australia/WA Chapter Inc.

 

Additionally a community consultation process was carried out, with 512 information letters and questionnaires distributed to residences within a 400 metre radius of the subject site. In return the City received a total of 152 responses, of those respondents 72% (110) were not in favour of the development of the site for community purposes given its close proximity to housing, potential traffic and parking issues and the apparent good condition of the existing vegetation.  Accordingly the Azelia Street site was considered by Administration as not the most appropriate site for development. An alternate freehold 'Civic and Cultural' site was identified by Administration at Lot 5483 (41) Park Lane, Alexander Heights.

 

Council at its Ordinary Meeting on 26 July 2011 (CS11-07/11) considered a report for the potential development of a community facility at this site.

 

Council resolved as follows:

“1.     APPROVES the advertising of a 2 stage Expression of Interest for the potential development of a community facility on Lot 5483 (41) Park Lane, Alexander Heights, together with an appropriate community consultation process being undertaken to the residents of the 380 dwellings within 400 metres of Lot 5483;

 2.     NOTES that the Expression of Interest and the community consultation processes for the development of the 44 Azelia Street, Alexander Heights has been completed; and

 

3.      NOTES that a further report will be presented to the Council on the outcomes of the Expression of Interest and community consultation processes for Lot 5483 (41) Park Lane, Alexander Heights, in order to compare both proposals.”

Detail

An expression of Interest (EOI) Stage 1 Information Package was compiled for the Park Lane site seeking general expressions of interest from suitably qualified and resourced community groups and organisations for the lease and development of this site as a community facility.  Stage 1 submissions were instructed to address the following criteria:

 

·    A brief overview of the organisation, purpose and primary function and incorporated status. (Please enclose copies of Certificate of Incorporation and Constitution)

·    Briefly outline the proposed development and use of the facility. (Please include draft concept plans)

Please note that access to the site must be from Greenpark Road via the existing Alexander Heights Park car park, and not via Park Lane. This should be taken into account within the design of the proposal.

·    Outline the benefits of your organisation’s proposal to the community, including potential for use by the wider community.

Public advertising of the EOI Stage 1 resulted in the City receiving formal submissions from the Vietnamese Community and “Save the Trees in Our Park” Action Group (Action Group) by the closing date of 24 February 2012.

 

Following the report to Council Forum on 13 March 2012 Administration forwarded further correspondence on 17 April 2012 to both the Vietnamese Community and the Action Group seeking submissions under Stage 2 EOI requesting detailed information.

 

The Stage 2 letter and documentation forwarded to the Vietnamese Community sought detailed information addressing the ‘selection criteria’ included in an enclosed information document.  The selection criteria were as follows:

 

 

Criteria

 

Essential

1

Proposed use of the built facility, and adjacent Alexander Heights Park and carpark.

2

Proven financial capacity to undertake the project and ability to service the Agreement for Lease and Lease requirements ie. how will the construction phase and the ongoing lease service costs be financed?

3

Final concept plans (pre development application) for the proposed development of the site in accordance with the District Planning Scheme standards for non-rural and non-residential development showing at least the following:

·    Site Plan (to scale) detailing footprint of building, setbacks, landscaping, onsite parking, access via the existing Alexander Heights Park carpark only, retention of trees etc.

·    Building footprint showing internal layout/design.

·    Elevations Plans (all sides).

4

Agreement to essential terms of the Agreement to Lease and Lease arrangement (all subject to Council approval).  Such terms to be incorporated into formal documentation upon approval by Council to the essential terms.

 

Preferred

1

Proven experience in similar types of development proposals

 

 

 

Arising out of the Stage 2 submission received from the Vietnamese Community, Administration has negotiated the following potential lease terms subject to Council approval.

 

Agreement for Lease

 

Conditions Precedent

The Agreement for Lease (AFL) will commence following approval:

i)     of Council to the AFL and Lease;

ii)    of Western Australian Planning Commission consent to the lease term;

iii)   of Council to the development application and building licence; and

iv)   payment to the City of the building guarantee by the due date.

Development by Lessee

The development is to be undertaken in accordance with development approval and building licence issued by the City of Wanneroo and shall be completed within 8 months from the date of development approval.

Building Guarantee

As an incentive to have the development completed within a reasonable timeframe a security bond is to be paid to the City in the amount of $50,000 (refundable upon practical completion of the development by the due date, or such other date as agreed between the parties).

Practical Completion

Practical completion of the development will result in the commencement of the Lease agreement

Lease (Land Lease)

 

Land

Being Lot 5483 on Diagram 56331 and being the whole of the land comprised in Certificate of Title Volume 1549 Folio 728 owned in freehold by the City of Wanneroo.

Premises

Being that portion of the land shaded Yellow on the attached plan.  NOTE: Portion of Lot 5483 hatched Red on the plan is not included in the leased area. (Attachment 1)

Term (Proposed)

Twenty years with an option to renew for a further term of ten years. This is necessary to enable the proponent to amortise their investment. **

Use of the Premises

Community Centre

Rent

For a not for profit organisation under the City’s Tenancy Policy an annual rental of $1 is proposed.

Commencement Date

Following practical completion of the development (refer Agreement for Lease)

Ownership of improvements to the land

Ownership of all improvements to the land constructed by the Lessee will remain with the Lessee until the expiration or sooner determination of the Lease. Following this period the ownership of all improvements revert to the Lessor (CoW)

Rent Review

N/A

Rates and taxes

All rates (including Council rates) and taxes are payable by the Lessee.

Outgoings/services

All outgoings associated with the Premises, including electricity, water and gas, telephone etc are payable by the Lessee.

Maintenance and cleaning

The Lessee will be responsible for all maintenance and cleaning costs, including any items of a structural nature.

Insurance

The Lessee shall take out and keep in force all appropriate insurances for workers compensation, public liability, all buildings and improvements, Lessee’s fixtures and fittings, plate glass and the like.

Lease costs

The Lessee is liable for the reasonable costs of the City for the preparation of all Agreement for Lease and Lease documentation.

 

** NOTE: Within the EOI Stage 2 documentation Administration outlined the lease term to be 5 years with a 5 year option. The Vietnamese Community's submission requested a 25 year lease term with a 25 year option. Following further negotiations a lease term of 20 years with a 10 year option was negotiated in principle.

 

The Agreement for Lease would address the construction phase of the proposed project which is being financed by the Vietnamese Community, with the lease commencing at practical completion of the facility. It is proposed that the lease be a 'land only' lease under the following essential terms, subject to Council and Western Australian Planning Commission (WAPC) approval.

 

Under the City’s Tenancy Policy adopted in April 2004, leases approved to Non Commercial (Not for Profit) organisations, the lease fee is one dollar per annum (peppercorn), in recognition of the benefits provided to the community by those organisations. In addition all rates and taxes are to be paid by the Lessee unless waived by Council. Since the adoption of the City's Tenancy Policy, Council has approved 34 Non Commercial (Not for Profit) leases. Of those, 30 were granted annual rent of one dollar with four (4) having higher fees due to the existence of a head lease and sub-leased commercial activity.  It should be noted that some incorporated bodies are funded, and hence treated as 'Government' under the policy.

 

As the initial Stage 1 submission from the Action Group was considered ‘non-conforming’ as a formal Expression of Interest for development, the Stage 2 letter and documentation sent to the Action Group provided the opportunity to “… submit any additional information in support of your submission against any development of the site…”  The letter also provided the Action Group with the details sought from the Vietnamese Community.

 

In relation to the invitations forwarded to both the Action Group and the Vietnamese Community as part of the EOI Stage 2, the Action Group reiterated its strong stance against any development of the Park Lane site.  The Vietnamese Community submission was received for the development of the Park Lane site through the second stage of the EOI.  Copies of both submissions have been available in the Elected Members Reading Room since this point in time.

 

Following the review of the submissions presented to the City, it was deemed that further investigation was required to ascertain community support of any development on the site, particularly in light of the submission against development by the Action Group.  Therefore it was clarified that the consultation process for the Park Lane site should not take into account those submissions presented to the City as part of the EOI Stage 2, rather it was to gauge community support for any development on the site.  Subsequently the Community Consultation and Engagement Strategy was designed and endorsed as per the scope. The following is a summary of the consultation strategy undertaken:

 

1.      Letter to Alexander Heights Residents:

An information letter and questionnaire was sent to all households within the suburb of Alexander Heights and included an invitation to attend the Public Information Evening to be held at the Alexander Heights Community Centre.

 

2.      Questionnaire:

The questionnaire provided a basic introduction of the site and asked for responses to up to three questions plus an additional comments section.

3.      Information Evening:

A Public Information Session was held on 30 July 2012 at the Alexander Heights Community Centre.  It was estimated that there was in excess of 150 members of the public at the Information Session. 

 

 

4.      City’s Website:

To ensure the consultation process engaged the wider community an electronic version of the questionnaire was posted on the City’s website for submission by the closing date.  A list of frequently asked questions (FAQ’s) was posted on the City’s website following the closure of submissions for questionnaires.

5.      Wanneroo Link:

To ensure that the wider community had the opportunity to attend the Public Information Session an advertisement was placed in the Wanneroo link.

Within the Community Consultation Strategy for the Park Lane site copies of the relevant covering letter and questionnaire were distributed to all 3327 property owners and occupiers within the suburb of Alexander Heights.  By the closing date of 13 August 2012 the City had received 649 responses.

A report (CB03-09/12) outlining details of the community consultation strategy was presented to Council at its meeting on 18 September 2012.

Council resolved as follows:

"That Council:-

1.      NOTES that the results of the community consultation process for both 44 Azelia Street site and 41 Park Lane site in Alexander Heights have been considered;

2.      NOTES that the community consultation process established that:

a)      110 (72%) of 152 responses were NOT supportive of the development of a community facility on lot 369 (44) Azelia Street, Alexander Heights;

b)      382 (59%) of 649 respondents were NOT supportive of any development of a community facility on lot 5483 (41) Park Lane, Alexander Heights;

c)       Of the estimated 150 members of the public present at the Public Information Session, all attendees indicated unanimously they were not supportive of any development on lot 5483 (41) Park Lane;

d)      A 1544 signature petition was presented by the Save The Trees In Our Park Action Group against any development of Lot 5483, (41) Park Lane, Alexander Heights;

3.      AGREES that, notwithstanding the results of the community consultation process, to  retain the use of lot 5483 (41) Park Lane, Alexander Heights as a Civic and Cultural community purpose site; and

4.      NOTES the community views expressed through this consultation process and in response to these views, RELEASES full details of the submission received to develop the site."

Consultation

Currently copies of an information letter (Attachment 2 refers) and building design concept plans (Attachment 3 refers), which were provided by the Vietnamese Community for the potential development of the Civic and Cultural site have been placed on the City's website and copies made available at various Council outlets for public viewing from 3 October 2012. Reference to this information was published in local print media.

 

The Vietnamese Community information letter outlines its history and integration into Australian society. 

 

 

Furthermore it refers to public information sessions that it has now organised to assist in addressing the concerns of the public and local residents and also to communicate its aims, objectives and benefits as a community group for the local community.  These sessions were independently funded and coordinated by the Vietnamese Community and are presented at no cost to the City.  The first of the public information sessions organised by the Vietnamese Community was held on Thursday 25 October 2012 at the Koondoola Hall, with a second session conducted at the Park Lane site on Sunday 28 October 2012.

 

The City has received two petitions in respect to this issue. The first was presented to Council at its meeting on 6 March 2012 by Cr Cvitan on behalf of the "Save the Trees in Our Park" Action Group opposing the proposal and the second from the Vietnamese Community in support, tabled at the 18 September 2012 Council meeting by Cr Mackenzie. A summary of the petitions signatories is tabled below:

 

SIGNATURE DETAIL

ACTION GROUP PETITION

VIETNAMESE COMMUNITY PETITION

Within Alexander Heights (AH)

1167

293

Within C.O.W (excludes AH)

330

1563

Outside C.O.W.

24

2783

Invalid

(unsigned/invalid address/multiple signings)

23

1165

TOTAL

1544

5804

Comment

The Park Lane site is considered by Administration to be suitable for the development of an appropriate civic and cultural use, based on its zoning under the City's District Planning Scheme No.2 and its general location.  

 

Whilst a formal proposal had been received for the development of the Park Lane site through the second stage of the EOI from the Vietnamese Community it was considered important that during the community consultation process that the residents of Alexander Heights be given the opportunity to express their views on whether the site should be developed at all without concentrating too much on one proposal.

 

However the submission provided by the Vietnamese Community was the only conforming formal submission received by the City that satisfactorily addressed the criteria as outlined in the EOI Stage 2. The Vietnamese Community has expressed their desire to encourage and welcome community participation and the benefits of community involvement, indicating that the facility will provide a communal hall with stage, meeting and conference rooms, arts and craft room, and the capacity for indoor sports such as basketball, netball and badminton. Other intended community activities include professional and technical learning, dance and drama, cooking, music, language, tai chi, meditation, yoga and self-defence classes.

 

The provision of a facility on the community purposes site will provide an active hub within the overall public open space of Alexander Heights Park and further activate the other amenities including the play areas and sporting facilities. Through this activation the area will be provided with passive surveillance as a result of the increased number of users which will assist in deterring anti-social behaviour. It has been the City's experience that if a space is activated and well used the levels of antisocial behaviour are greatly reduced.

 

The community would benefit from the provision of an additional facility and the City would retain ownership of the land and ultimately receive the benefit of an asset that has been constructed by others, at the end of the lease. Although the City of Wanneroo has provided essential community facilities for this locality at the Alexander Heights Community Centre there is still unmet need within the community for a range of other services and activities. 

 

In other similar situations the City has conducted Expressions of Interest for community based and not for profit organisations to develop Cultural and Community Purposes sites to meet these other community aspirations.  These include educational, religious and sporting facilities that foster the development of local, social networks and provide additional spaces for community generated programs.

 

Within the EOI Stage 2 documentation Administration outlined the lease term in accordance with the City's Tenancy Policy as 5 years with a 5 year option. A lease term of 20 years with a 10 year option has been negotiated in principle. These conditions are subject to Council and WAPC approval. Furthermore the annual lease fee of one dollar (peppercorn) and the requirement for the Lessee to pay all rates and taxes is also in accordance with the policy for 'Not for Profit' organisations. However Council may wish to vary this annual lease fee.

 

Given Council resolved in September 2012 that the site be retained as a civic and cultural community purpose site, this proposal and the potential community benefits realised from the facility, it is considered by Administration that the proposal by the Vietnamese Community is an appropriate use of the land and recommends that Council agree to the proposal subject to public advertising, WAPC approval of the lease term and compliance to all relevant development and building approval processes.

 

Administration advises that it was not considered appropriate to consider divestment of the freehold in this case as it was not a site listed for disposal as surplus to requirements in the Community Facility Sites Review (March 2006); as was the case with the Fowey Loop site.

 

A further report will be presented to Council in early 2013 to consider any responses received as a result of the placing of the public notice.

Statutory Compliance

The disposition would be an exempt disposition under the Local Government (Functions and General) Regulations 30 (2) (b)

 

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

 

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

        

 

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

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

 

However it is believed to be in the public interest that the proposal be advertised in the local newspaper seeking submissions within a four week period. The City will follow the process laid down in Section 3.58(4) Local Government Act 1995 and furthermore obtain and advertise a valuation of the land under its zoned use and the proposed construction cost.

 

Under the Planning and Development Act 2005 any lease term in excess of 20 years requires the approval of the WAPC.

 

It is important to note that any Council decision to grant or not grant a lease to the Vietnamese Community over Lot 5483, will be altogether independent of and will not fetter the City's decision under District Planning Scheme No. 2 (DPS 2) in respect of any future application for planning approval submitted by the Vietnamese Community for development on that lot.

 

 

All applications for planning approval in the City of Wanneroo are assessed and determined on their individual merits, having regard to the specific 'matters to be considered' under DPS 2 and irrespective of any commercial lease arrangement entered into between a landowner and lessee.

 

Therefore, any decision by Council to grant a lease to the Vietnamese Community will not presuppose or guarantee a planning approval for any future application for development of that site, either in the form recently proposed by the Vietnamese Community or necessarily at all.

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

Any potential future lease will be in accordance with the provisions of Council's adopted Tenancy Policy.

Financial Implications

Costs associated with local advertising of public notice estimated at $300.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.      NOTES and SUPPORTS the Agreement for Lease and Lease to the Vietnamese Community in Australia/WA Chapter Inc. for portion of Lot 5483 (41) Park Lane, Alexander Heights in accordance with the essential terms and conditions outlined below, subject to compliance with all relevant planning and building requirements and Western Australian Planning Commission approval of the lease term:

 

Agreement for Lease

 

Conditions Precedent

The Agreement for Lease (AFL) will commence following approval:

i)     of Council to the AFL and Lease;

ii)   of Western Australian Planning Commission consent to the lease term;

iii)  of Council to the development application and building licence; and

iv)  payment to the City of the building guarantee by the due date.

 

Development by Lessee

The development is to be undertaken in accordance with development approval and building licence issued by the City of Wanneroo and shall be completed within 8 months from the date of development approval.

Building Guarantee

As an incentive to have the development completed within a reasonable timeframe a security bond is to be paid to the City in the amount of $50,000 (refundable upon practical completion of the development by the due date, or such other date as agreed between the parties).

Practical Completion

Practical completion of the development will result in the commencement of the Lease agreement

Lease (Land Lease)

 

Land

Being Lot 5483 on Diagram 56331 and being the whole of the land comprised in Certificate of Title Volume 1549 Folio 728 owned in freehold by the City of Wanneroo.

Premises

Being that portion of the land shaded Yellow on the attached plan.  NOTE: Portion of Lot 5483 hatched Red on the plan is not included in the leased area. (Attachment 1)

Term (Proposed)

Twenty years with an option to renew for a further term of ten years. This is necessary to enable the proponent to amortise their investment.

Use of the Premises

Community Centre

Rent

For a not for profit organisation under the City’s Tenancy Policy an annual rental of $1 is proposed.

Commencement Date

Following practical completion of the development (refer Agreement for Lease)

Ownership of improvements to the land

Ownership of all improvements to the land constructed by the Lessee will remain with the Lessee until the expiration or sooner determination of the Lease. Following this period the ownership of all improvements revert to the Lessor (CoW)

Rent Review

N/A

Rates and taxes

All rates (including Council rates) and taxes are payable by the Lessee.

Outgoings/services

All outgoings associated with the Premises, including electricity, water and gas, telephone etc are payable by the Lessee.

Maintenance and cleaning

The Lessee will be responsible for all maintenance and cleaning costs, including any items of a structural nature.

Insurance

The Lessee shall take out and keep in force all appropriate insurances for workers compensation, public liability, all buildings and improvements, Lessee’s fixtures and fittings, plate glass and the like.

Lease costs

The Lessee is liable for the reasonable costs of the City for the preparation of all Agreement for Lease and Lease documentation.

 

 

 

 

2.      NOTES the proposed disposition is an exempt disposition pursuant to Section 3.58 (5) of the Local Government Act  and Regulation 30(2)(b) of the (Functions and General) Regulations 1996;

3.      AUTHORISES the Chief Executive Officer to publish a local public notice of Council's intention to enter into the Agreement for Lease and Lease in 1 above; and

 

4.      NOTES that a further report will be presented to Council following the conclusion of the four week public notice period in 3 above to consider any submissions received.

 

Attachments:

1View.

Map of Park Lane Site

12/131827

 

2View.

Vietnamese Community Information Letter

12/121220

 

3View.

Vietnamese Community Concept Development Plans

12/115423

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             352


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             353


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             354


 


 


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             358

CB05-11/12      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 Ordinary Council Meeting 13 November, 2012                                             362


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             364

CB06-11/12      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. The approximate figure of $7,700 including GST is an unbudgeted expenditure.

 

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.

 

This budget variation is in compliance with Part 6, Financial Management of the Local Government Act 1995 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

4.1    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 approximate figure of $7,700 including GST is an unbudgeted expenditure.

 

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

Absolute 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.      APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of approximately $7,700 including GST pursuant to Section 6.8(b) of the Local Government Act 1995;

4.      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;

5.      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;

6.      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

7.      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 Ordinary Council Meeting 13 November, 2012                                             370


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             371


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             372

CB07-11/12      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 Ordinary Council Meeting 13 November, 2012                                             376

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             377

 

Infrastructure

Infrastructure Projects

IN01-11/12       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 2011 (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 Ordinary Council Meeting 13 November, 2012                                             381

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             382

 

Tenders

IN02-11/12       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 Ordinary Council Meeting 13 November, 2012                                             387

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:

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 13 November, 2012                                             393

 

Traffic Management

IN03-11/12       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.