Minutes
Unconfirmed
Ordinary Council Meeting
7.00pm, 13 November, 2012
Civic Chambers
Dundebar Road, Wanneroo
Objective
· To ensure that there is a process in place to outline access to the recorded proceedings of Council.
· To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.
Statement
Recording of Proceedings
(1) Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public.
(2) Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.
(3) No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.
Access to Recordings
(4) Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer. Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.
(5) Elected Members may request a recording of the Council proceedings at no charge. However, no transcript will be produced without the approval of the Chief Executive Officer. All Elected Members are to be notified when recordings are requested by individual Members.
Retention of Recordings
(6) Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.
Disclosure of Policy
(7) This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.
Unconfirmed Minutes of Ordinary Council Meeting
held on Tuesday 13 November, 2012
CONTENTS
Item 2 Apologies and Leave of Absence
PQ03-10/12 Mrs S Winton, Gibbs Road, Nowergup
PQ01-11/12 Ms M Grierson, Halwest Way, Alexander
PQ02-11/12 Mr R Milton, Park Lane, Alexander Heights
PQ03-11/12 Ms S Laverty, Halwest Way, Alexander Heights
PQ04-11/12 Mr A Ward, Park Lane, Alexander Heights
PQ05-11/12 Mr J Bosso, Marylebone Court, Alexander Heights
PQ06-11/12 Ms M McCarthy, Grosvenor Place, Alexander Heights
PQ07-11/12 Mrs S Winton, Gibbs Road, Nowergup
PQ08-11/12 Mr Ashley Feehan, Park Lane, Alexander Heights
PQ09-11/12 Mr M O'Brien, Belgrade Road, Wanneroo
PQ10-11/12 Ms S Douglas, Millbank Court, Alexander Heights
Item 4 Confirmation of Minutes
OC01-11/12 Minutes of Ordinary Council Meeting held on 16 October 2012
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
CQ01-11/12 Cr Newton - Opportunity Playspace Toilet Block
PT01-10/12 Request for Lockable Gates, Highview Carpark, Alexander Heights
CB03-11/12 Future Redevelopment of Quinns Rocks Caravan Park, Mindarie
PS01-11/12 City Water Management Strategy and Local Planning Policy 4.4: Urban Water Management
Town Planning Schemes & Structure Plans
PS02-11/12 Reconsideration of Council Modifications for the Eglinton Local Structure Plan No. 82
PS03-11/12 Agreement of Lot 202 Breakwater Drive, Two Rocks Local Structure Plan No. 53
PS04-11/12 Adoption of Amendment No. 3 to the Agreed Structure Plan No. 40
PS05-11/12 Agreement of South Yanchep Local Structure Plan No. 66
PS06-11/12 District Planning Scheme No. 2 Amendment No. 115 - Jindee Smart Growth Community
PS09-11/12 Small Business Centre North West Metro Funding 2012/13
PS10-11/12 Turning Movements from Kakadu Road onto Yanchep Beach Road, Yanchep
CB01-11/12 Application To Keep More Than Two Dogs
CB02-11/12 Proposed Sub-Lease of Jindalee Beach Kiosk, Crown Reserve 20561, Jindalee
IN02-11/12 Tender No. 01222 for Supply and Installation of Rubberised Speed Cushions
IN03-11/12 Brady Street, Wangara - Prevent Right Turn Movements Onto Ocean Reef Road
IN04-11/12 Kent Road, Marangaroo - Parking Prohibitions
IN05-11/12 2012/2013 Pathways (Road Reserve) Program - Budget Variation
IN06-11/12 Gnangara Road, Madeley - Speed Zoning Review - Community Consultation
IN07-11/12 Atley Pass, Carramar - Road Closure Proposal - Community Consultation
IN08-11/12 Review of Two Rocks and Quinns Beach Coastal Management
Corporate Strategy & Performance
CS01-11/12 2011/2012 Audited Financial Report for the City of Wanneroo
CS02-11/12 Warrant of Payments for the Period to 31 October 2012
CS03-11/12 Financial Activity Statement for the Period Ended 30 September 2012
CS04-11/12 Annual Report 2011/2012
CS05-11/12 Donations to be Considered by Council - November 2012
CE01-11/12 Draft Strategic Community Plan
CR01-11/12 Legal Report - Lot 20 (69) Rousset Road, Mariginiup - Reconsideration
CR02-11/12 Tenancy Issues Related to the Quinns Rocks Caravan Park
Please refer to agenda for details of full reports and attachments.
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
LEN KOSOVA Director, Planning and Sustainability
KAREN CAPLE Director, City Businesses
HARMINDER SINGH A/Director, Infrastructure
FIONA BENTLEY Director, Community Development
LUCIA LAM A/Director, Corporate Strategy & Performance
NICKY BARKER A/Manager Executive Services
ALAN MCCOLL Manager Regulatory Services
MICHAEL PENSON Manager Property Services
KAREN BROWNE City Lawyer
NICHOLA GRAY Public Relations/Communications Officer
LAURIE BRENNAN Public Relations/Communications Officer
ROBYN TILKA Minute Officer
Item 2 Apologies and Leave of Absence
There were 150 registered members of the public and three members of the press in attendance.
Mayor Roberts declared the meeting open at 7.00pm and advised a short video was being filmed during the meeting and asked whether there were any objections by the gallery. No objections were forthcoming.
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).
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Public Questions received at the Council Meeting.
Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
1. When the Council advertises land, it asks for expressions of interest from resourced groups. Alexander Heights residents asked repeatedly as to whether this group was resourced and are still waiting for an answer. Can Council please answer?
2. If they were not resourced, then why did the advertisement say they had to be?
3. The attendance here tonight should be an indication as to how the residents feel about this proposal. Can someone answer as to why residents were told things like this?
Response by Director City Businesses
The Stage 2 of the EOI process contained a set of criteria, of which one related to the provision of a financial report and demonstration of the capacity of the proponent to actually fund the proposed facility. The submission from the Vietnamese Community was assessed by the Manager Property Services and was found to be sound.
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Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
The people of Alexander Heights have been completely mislead and treated with utter contempt?
Response by Mayor Roberts
Taken as a statement. |
Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
1. What is Council's contingency plan regarding parking in and around Park Lane and surrounding streets? Many small businesses in the area have been knocked back by Council because of parking constraints. The same rules for all would be appreciated.
2. In the plans for the proposed building, there is no proviso for a caretaker to be on site 24 hours a day. Where is this person going to sleep, eat, shower etc. This is a residential area, not your so called cultural centre. Will Lot 3739 Park Lane be used for this or any other purpose?
3. What are the plans for the Main Roads Planning Minister to open up access off this road? Residents and ratepayers want assurances that it will be left closed. With such dissention and resistance from residents and rate payers of Alexander Heights, why does Council persist in ignoring the wishes of residents ?
Why is this not being placed in the light industrial area such as other religious and community groups have done? The impact on our local traffic will be enormous
Response by Director City Businesses
As advised, the issues relating to the planning and development of the site will require a separate report, as it is dealt with under separate legislation. This particular Council report only addresses the matter of the proposal of the lease at this point in time for Council consideration.
The same applies for any proposed uses on the site. Irrespective of what has actually been presented or mooted by the Vietnamese Community, the fact is that any development application will be considered on its merits and will be determined in accordance with the City's planning scheme. If it is approved, any conditions that Council thinks is appropriate will be applied at that stage.
Response by Mayor Roberts
Miss Caple, can you advise how long this particular site has been designated Civic and Cultural, please?
Response by Director City Businesses
As previously reported to Council, I believe it is approximately 30 years that this site has been zoned for Civic and Cultural Community purpose.
Response by Mayor Roberts
Miss Caple, can you please confirm that it is actually 2.5% of a park and reserve?
Response by Director City Businesses
In the whole precinct of the area, there are two parks with the actual Park Lane site between the two parks, as it directly abuts a commercial centre and is only 2.5% of that total area.
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Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
1. In the diagram, which wasn't in the submission, it shows an access way off Park Lane. Why wasn't the diagram in the submission and is the Council going to prohibit any parking within Park Lane?
2. The capacity has not been addressed and therefore we don't know whether the parking is adequate for that particular venue?
3. Alexander Heights community does not support the proposal (4 to 1) and that is taken from the City's website. Why is the Council proceeding against the residents' wishes?
4. There is a community centre in Alexander Heights that is currently under utilised and I don't know why you don't use that facility or build the facility within the commercial area.
Response by Director City Businesses
In response to those questions, I would draw your attention to page 349 of the Report. The Report outlines that any decision by Council to grant a lease to the Vietnamese community will not pre-suppose 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 any alternative. This Council report concerns the lease of the site, with any consideration of the site in terms of the planning and development is under a separate legislation and a separate future Council report. There is no proposed access to the site from Park Lane.
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Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
Has anyone considered the kids at Alexander Heights? This park has over 200 kids who train most nights. What would subsequently be done to achieve management of the area with increased cars that will come backward and forward to this community centre?
Response by the Director City Businesses
This element is part of the planning proposal for the development of the site. I reiterate that this Council report focuses on the lease of the site, not the configuration of any planning matters connected to the facility itself.
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Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
I acknowledge Mr Alexander's deputation that the proposal meets the building requirements. My comment is on page 347 of this document that identifies the petitions from within Alexander Heights and outside of Alexander Heights and outside the City of Wanneroo.
1. What was the weight given by Councillors to the petition of the local people of Alexander Heights and those outside of Alexander Heights?
2. Further down in the document, a comment is made that the facility depends on the community purpose site. It refers to an active hub and converts an open public space within document. Later in the very last paragraph, on the last line; "the community has unmet needs for a range of other services and activities". How is this unmet need determined when the community centre at Alexander Heights already stays vacant?'
3. How is the proposed development going to meet the community needs and by that I don't mean a total of one week in four being available or twelve times in the year; I mean actually being available to the community?
Response by the Director City Businesses
The figures as presented in the Council report are raw data, and no weighting has been applied, however responses have been categorised by location.
Response by the Director Community Development
In this instance we gauged unmet community needs by enquiries made about the availability of local community centres during weekday mornings when most facilities are fully occupied by local seniors groups, and local play groups. This includes not only the Alexander Heights Community Centre but also the Hainsworth Centre and Koondoola Town Hall. There are unmet community needs. They tend to occur at peak times and there is the opportunity for more services and programs to be delivered within the area, not necessarily provided by the City, but it is the City's view that there should be self sufficient service in the community.
Ms McCarthy in Response to Director City Development
How does this proposal meet our needs? If at peak times, how is this going to meet the communities needs?
Response by the Director of City Development
The statement is there are unmet community needs. This is a proposal from a community organisation who plan to provide a facility that may meet those needs. There are opportunities that may accrue to the wider community through this provision.
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Lime Industries - Nowergup
Firstly I would like to thank Cr Goodenough, Mayor Tracey Roberts, Cr Driver and Cr Brett Treby for coming out and visiting us and look forward to hosting Cr Gray on Friday and the rest of the Councillors at a time that suits.
1. How many submissions has the City received since that proposal was advertised?
2. The response letters that went out to the Community, of which I believe were close to 200, referred to the applications as retrospective applications even though the Council knew that the advice from Administration was clearly for approval. Can I please get some advice as to when those corrective letters will be sent to us.
Response by Director Planning and Sustainability
Taken on Notice. Administration will have to look at the letters to ascertain if there is any need to send further advice letters out.
Further response by Director Planning and Sustainability
Administration has identified that there were a total of 198 submissions. Administration notes that the acknowledgement letters sent to submitters was incorrectly titled, and will arrange to send revised acknowledgement letters to all 198 submitters in the coming week.
The following questions were tabled: by Mrs Winton:-
"I asked some questions at the Council Meeting on 16th October, 2012. They were taken on notice but not answered in the minutes that were published on 19th October. Answers have now finally been provided in tonight's agenda, some 4 weeks after they were asked.
Q1 What priority does the CoW place on answering public questions to ensure the answers are included in the minutes of the meeting from which they were asked?
Q2 Will the Administration consider increasing the resources available to ensure that public questions are answered as a matter of priority and in time to be included in the minutes?
In relation to question Q2 which you refer to as b, (which was, " 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 often years?" Administration answered that it has not been made known to Administration in any submissions received by the City from adjacent landowners to date.
Q3 Has the City received my submission on the proposal in which I submitted as part of Appendix 2, 8 separate Statutory Declarations?
Can the City now confirm that it is aware of the adjoining landowners statutory declarations?
In relation to questions 6 and 7, referenced in tonight's agenda as f and g, the question was asked why the City would allow the proposal to be advertised given that there are sensitive land uses within 300 metres of the proposal that have not been included in Lime Industries Noise Study.
Q4 Why has the City not answered this question?
The City is required to assess the impacts on noise on sensitive land uses as part of its decision making before approving the proposal. Administration acknowledges this in (i) and I quote, "In considering the application, Administration will note the effect of the proposed activities on nearby sensitive landuses"
Q5 How can the City note the effect on sensitive landuses that have not been included in the proposal"
Q6 Is the City aware that Lime Industries Noise Assessment has not included any noise impacts from the proposed Ancillary Mining Training School, such as was the subject of previous complaints by adjoining neighbours?
Q7 How can the City determine the impacts on sensitive landuses identified and not identified when the noise study by Lime Industries does not consider noise emissions from the proposed Driver Training Activities?
Q8 Is the City aware that the Noise Study commissioned by Lime Industries concludes that the assigned noise levels will be exceeded?
Q9 Is the City of Wanneroo aware that the Nowergup community commissioned a Peer Review of the Noise study commissioned by Lime Industries?
Q10 Is the City of Wanneroo aware that the conclusions of this peer review is that the exceedence by the proposal of the prescribed standard for noise emissions under reg 7 of the Environmental Protection (Noise) Regulations 1997 by a significant degree indicates that the proposed development is unacceptable in relation to noise impacts.
Q11 Under what circumstances would the City contemplate granting development approval to a proposal that does not meet the standards under the Noise Regulations?
Q12 Who would be held accountable for any increased costs to the City for complaints and compliance issues which would in all likelihood occur if a proposal that exceeds the regulations were to be approved?
Q13 How many submissions has the City received in relation to this proposal?
Q14 Has the City had any communication with the WAPC on this proposal? Could you please provided details?
Q15 When will this proposal be brought before Council for its consideration?
Q16 The proponent is proposing to re-establish a Driver Mining Training School, which the City has previously determined was a separate "educational establishment" use under the Scheme. Educational establishment is a use that is not allowed under the rural resource zoning. In this proposal, Lime Industries is making an application for Driver Mining Training as an incidental use.
Does administration agree with the view that determinations by a planning authority associated with incidental uses is an issue of fact and degree and which has been recognized as not involving a decision in the exercise of a discretionary power so as to give rise to a right of appeal or review.
Q17 Does this mean that the City's decision on the incidental use is a decision that cannot be taken to SAT?
Q18 By which date does the City have to present this proposal to Council for its consideration, before the proponent can go directly to SAT for the matter to be determined?
Q19 Has Lime Industries submitted an approved land restoration plan to a standard suitable for intended subsequent long term land uses?
Q20 If so, why was this not available for public comment?
Q21 If not, why not given that under Section 3.17.2 of the DPS2 the City must give regard to an approved land restoration plan."
Response by Mayor Roberts
Administration will endeavour to respond to your written questions as soon as possible.
Response by Director Planning and Sustainability
1. Administration considers all Questions on Notice as a priority in the days following Council Meetings. However, given the volume and complexity of questions received in some instances, it is not always possible for answers to be finalised prior to the Minutes of that Council meeting being published.
2. No. As stated in the answer to question 1 above, Administration already considers responding to Public Questions to be a priority.
3. Yes.
4. Public questions have been answered on this matter following the October 2012 Council Meeting. To further add to previous answers already provided, Administration considers the summary of information from the Noise Study as being suitable for advertising. Administration considers the selected location of the receptor points as being adequately representative in studying potential impacts of noise on residents to the east. This matter will be further examined when Administration finalises its assessment and recommendation on this application.
5. Refer to the answer provided to question 4 above.
6. Administration notes Mrs. Winton's comment in her formal submission in relation to this matter. This matter will be further examined during Administration's assessment and recommendation on this application. Should the proposed activities commence, any noise generated will need to comply with the Environmental Protection (Noise) Regulations 1997.
7. Refer to the answers provided to questions 4 and 6 above.
8. Administration is aware that the Noise Study provided by the applicant concludes that noise levels may be exceeded.
9. Administration acknowledges receipt of a Peer Review of the applicant's Noise Study, provided by Mrs. Winton as an appendix to her submission.
10. Administration is aware that the Peer Review of the applicant's Noise Study also concludes that noise levels may not comply with the Environmental Protection (Noise) Regulations 1997 at all times.
11. The application will be assessed and determined on its merits, based on all relevant planning considerations. The degree to which a proposal may or may not comply with the Environmental Protection (Noise) Regulations will not be the determining factor for this or any other development application, because those regulations apply and will be administered irrespective of the City's decision on a development application.
12. The City is responsible for investigating and responding to noise complaints.
13. 198.
14. The City has forwarded the applicant's submitted documentation to the WAPC for its review.
15. Administration anticipates that the development application will be presented to Council for its determination in February or March 2013. The City's Officers will advise all submitters by way of a further letter advising when this item will be presented to Council.
16. The applicant has requested that the 'earthmoving equipment training' be advertised as part of the proposal, even though it was previously determined by the City that the similar operation conducted by RMS on the site was not capable of being approved, because it was not directly associated with or incidental to any active and approved extractive industry operating on the lot. If the nature of approved uses on the property changes then so too may the City's previous position on this matter.
17. Should the applicant be aggrieved by Council's decision in relation to this application, the applicant can exercise their right of appeal (review) of that decision to the State Administrative Tribunal.
18. By 2 December 2012 or such longer period as may be agreed with the applicant of a complete application being received by the City. Notwithstanding this, the City may take longer than this timeframe to determine the application and that is precisely what is intended in light of the complexity of this proposal and the number and nature of submissions received. The applicant is aware of this.
19. Subsection 5.3.1 of the 'Environmental Management Plan' (as advertised) outlines how rehabilitation would be implemented, following a comprehensive 'Rehabilitation Plan' that is to be submitted to the City prior to the completion of extraction in Stage 1. The submission of a 'Rehabilitation Plan' prior to the completion of extraction in Stage 1 would be subject to further review.
20. Refer to the answer provided to Question 19, above.
21. As answered in question 19 above, the submission of a 'Rehabilitation Plan' (or a Land Restoration Plan') could be required at a later date as a condition of Planning Approval. This would not conflict with the provisions of subclause 3.17.2 (f) of DPS 2.
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Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
1. As a traditional owner and a custodian of the land, I would like the land left as it is and re-zoned back to park land.
2. For the people who pay their rates in that area, will the Council listen to us?
3. For the people who use the area on a daily basis will they leave the land as it is?
4. Is there any sense of conservation within this Council about park lands and preserving them?
5. I would like to ask Ms Caple if she was down at the Park Lane some two weeks ago when we were protesting against this proposal?
Mayor Roberts requested that all questions be directed through the chair.
Response by Director City Businesses
Yes I attended that session as an observer and as a member of Administration of the City.
Further questions and statements were directed to Ms Caple in regard to misrepresenting herself whereby the Chief Executive Office and Mayor responded that there was no intention by Administration to mislead those present at the public meeting.
Response by Mayor Roberts
At the September Council meeting, it was resolved that the site will remain a Civic and Cultural site. Council will consider the matter this evening. |
Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
Representing the Northern Districts combined Community Groups Association Incorporated the following three questions are posed:-
1. The Northern Districts Community Groups Association notes that the City of Wanneroo has granted a stay of facility availability for five years for the Wanneroo BMX Raceway Club Incorporated as referenced in the main meeting. NDCGA asks what the City envisages in future planning for club facilities for the other nine wheel sports in the northern corridor?
We currently have no facilities namely, criterium cyclists, hand cyclists, inline roller blade competitors, mountain bike competitors, north coast tri-athletes, Northern Beaches Cycling Club, over 55 cyclists, contemporary and freestyle wheeled skating competitors and track cyclists.
2. When will the Coffey International Report commissioned by the City of Wanneroo in 2011, be made available to Electors of the City of Wanneroo?
3. There is land, formerly known as "Mindarie Lot 17" acquired by the former Shire of Wanneroo in conjunction with the City of Stirling and the City of Perth from Warren Anderson's Owsten Nominees, for $4,000,000 primarily for refuse disposal, but at that time, also proposed to eventually be available for sporting facility development. Will the current City of Wanneroo Councillors be pursuing future sporting facility development on that land?
Response by Director Community Development
The land in Mindarie is jointly owned by the members of the Mindarie Regional Council; we have written to the Council and sought their advice about the availability of land for BMX and for other sports. They have indicated that they have commissioned their own study. That study is not yet available and they will communicate with us when it is available.
In terms of strategic planning for other wheel sports, we have been in contact with the Department of Sport and Recreation very recently and they are commissioning a report with Cycle West including a range of wheel sports to look at the strategic direction of those sports into the future and we will be watching that with interest and participating where available.
Secondly, our plans for BMX have always considered the options for inclusion with other sporting groups and we have talks with a number of local groups about those opportunities. Until we can confirm a parcel of land and know it's capacity, that's not available to us, the release of the Coffey Report will be entirely at Council's discretion.
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Public questions received in writing prior to the Council Meeting.
Item CB04-11/12 – Consider the Possible Development and Lease of the Civic and Cultural Site Located at 41 Park Lane, Alexander Heights
“Given that the proposed Vietnamese community centre will accommodate up to 500 people at any one time, how do both the Council and the proposed owners expect to deal with the problems of parking, given that the car park for the proposed community centre has only 30 allocated parking bays and even with the use of the existing public car park (another 30 bays max), there will be insufficient space for parking? Bear in mind that the shopping car park will not be available for the use of visitors to the community centre and has a locked gate after hours. Parking in Park Lane and Greenpark Road should not be a consideration. No Parking signs on verges, if erected, would be ignored as there will be no-one monitoring them. This will cause huge disruption to the neighbourhood.”
Response by Mayor Roberts
Taken on notice.
Response by Director City Businesses
The issue of parking on the subject site was raised at the Council Briefing Session held on 6 November 2012. The answer from the Director of Planning and Sustainability covered this issue and is repeated here:
"All issues relating to planning and development of the site that require separate approval will actually be addressed through a separate process under separate legislation. The same applies for any proposed uses on the site. Irrespective of what has actually been mooted by the Vietnamese community in the past, the fact is that any development application will be considered on its merits and will be determined in accordance with the City's planning scheme. If it is approved, any conditions that Council thinks appropriate will be applied at that stage."
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Item 4 Confirmation of Minutes
Moved Cr Treby, Seconded Cr Hayden
That the minutes of the Ordinary Council Meeting held on 16 October 2012 be confirmed. Carried Unanimously |
Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
The toilet block that has recently been built at the Opportunity Playspace playground, Scenic Drive in Rotary Park is surrounded by fencing so it cannot be used. Can you please advise what is holding up this project?
Response by A/Director Infrastructure
Will investigate the matter.
Response by Chief Executive Officer
Advice received is that it is a Western Power electricity issue.
Further Response by A/Director Infrastructure
The issue relates to the upgrade of power at this site and reinstatement of a damaged conduit/cable. Arrangements have been made to repair the damaged cable by 26 November 2012. The power upgrade at this site is pending with Western Power. It is now understood that Western Power has allocated this work to Transfield contractors and the City is following up to confirm a works completion date. Transfield did advise earlier this month that works will be scheduled for around November 2012. Further follow up has been initiated to ensure that the power upgrade is undertaken without further delay. |
By what means of communication did the original enquiry come from the Vietnamese community in this matter?
Response by Director City Businesses
Administration was approached by the Vietnamese community by email enquiring if there was any land available. Administration receives many such requests and they are processed equitably. |
Cr Cvitan presented a petition with three signatures requesting re-assessment of the rating of strata title properties, especially for those over 55 living.
That the petition be forwarded to the Corporate Strategy & Performance directorate for action.
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Moved Cr Steffens, Seconded Cr Driver
That the petition be received and forwarded to the relevant Directorate for action.
CARRIED UNANIMOUSLY
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.
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Item 8 Reports
Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.
Cr Gray declared an indirect financial interest in Item PS05-11/12 due to having a contract with Landcorp for heritage consultant services.
Cr Gray declared an impartial interest in Item PS06-11/12 due to having accompanied a USA Study Tour organised by the City of Wanneroo, the tour included staff and consultants associated with Estate development company.
Cr Truong declared an impartial interest in Item CB04-11/12 due to being a member of the Vietnamese Community Association WA.
Cr Newton declared a financial an impartial*
interest in Item CB07-11/12 due to being a financial member of the Wanneroo
Agricultural Society (Inc).
*This will be corrected in the confirmation of Minutes
at the Council meeting of
11 December 2012.
Cr Hewer declared a proximity interest in Item IN07-11/12 due to living in Atley Pass, Carramar.
Cr Newton declared an impartial interest in Item MN01-11/12 due to being the patron of the Northern Suburbs Stroke Support Group.
Moved Cr Gray, Seconded Cr Newton
That Items CB04-11/12 and CB03-11/12 be brought forward to the beginning of the agenda.
CARRIED UNANIMOUSLY
Moved Cr Guise, Seconded Cr Goodenough
That an extension of time to speak be granted to Cr Treby.
CARRIED UNANIMOUSLY
Moved Cr Treby, Seconded Cr Hayden
That Standing Orders be suspended.
CARRIED UNANIMOUSLY
Cr Smithson left the Chambers at 8.05pm.
Moved Cr Treby, Seconded Cr Hayden
That Standing Orders be resumed.
CARRIED UNANIMOUSLY
Moved Cr Newton, Seconded Cr Guise
That the meeting now adjourn.
CARRIED UNANIMOUSLY
The meeting adjourned at 8.09pm, all Elected Members were present as per the Attendance Sheet except for Cr Smithson who had left the Chambers at 8.05pm.
Moved Cr Newton, Seconded Cr Guise
That the meeting be resumed.
CARRIED UNANIMOUSLY
The meeting resumed at 8.10pm, all Elected Members were present as per Item 1, Attendances.
Cr Truong declared an impartial interest in Item CB04-11/12 due to being a member of the Vietnamese Community Association WA.
Moved Cr Guise, Seconded Cr Newton
That an extension of time to speak be granted to Cr Goodenough.
CARRIED UNANIMOUSLY
File Ref: 3320 – 12/120634 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 2
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Moved Cr Newton, Seconded Cr Cvitan That Council:- 1. APPROVES cessation of holiday/casual usage at the Quinns Rocks Caravan Park from 1 December 2012, other than already pre-booked and confirmed casual bookings; 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. Amendment
Moved Cr Goodenough, Seconded Cr Steffens
To insert a new recommendation at the beginning and end and renumber accordingly, additions in italics and deletions with strikethrough.
WITH CONSENT OF MOVER AND SECONDER
In newly numbered recommendation 2 to reinstate the date 1 December 2012, delete the date 31 March 2013 and to move the words "arising out of a duty of care … compliance requirements" from the end of the recommendation to being placed after the words "Quinns Rocks Caravan Park". In newly numbered recommendation 2 and 3 to delete the words "in the interim period". In newly numbered recommendation 6 to add the words "a series of reports" instead of "a report".
That Council:- 1. RESOLVES to operate Quinns Rocks Caravan Park as a typical modern caravan park into the future featuring serviced sites for caravans, campervans and RV's brought onsite by short stay visitors, with a limited number of park homes available for short term hire by the public; 2. APPROVES cessation of
holiday/casual usage at the Quinns Rocks Caravan Park, arising out of a
duty of care, risk management, and an obligation to meet compliance
requirements, 3. 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, 4. 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; 5. 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 6. REQUIRES Administration to submit a series of reports
to Council to consider a framework/plan for transitioning the site,
and determining the terms of tender documentation 7. APPROVES the expenditure of up to $370,000 for use by Administration to cover any urgent remedial works in the interim period. CARRIED UNANIMOUSLY
The amendment became the substantive motion. CARRIED UNANIMOUSLY |
File Ref: 5200 – 12/113993 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Moved Cr Cvitan, Seconded Cr Goodenough 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.
Carried Unanimously |
Town Planning Schemes & Structure Plans
File Ref: 3718 – 12/132099 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 3
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Moved Cr Cvitan, Seconded Cr Goodenough 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. Carried Unanimously |
File Ref: 3395 – 12/110442 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil. Attachments: 4
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Moved Cr Cvitan, Seconded Cr Goodenough 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. Carried Unanimously |
File Ref: 2942-3 – 12/110526 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Moved Cr Cvitan, Seconded Cr Goodenough 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.
Carried Unanimously |
Mayor Roberts advised the gallery that the Quinns Rocks Caravan Park and Park Lane items had been concluded. At the Mayor's request Cr Truong also advised in Vietnamese that the Park Lane item has been concluded.
Cr Gray declared an indirect financial interest in Item PS05-11/12 due to having a contract with Landcorp for heritage consultant services and left the Chambers at 8.49pm.
File Ref: 3395 – 12/111434 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 3
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Moved Cr Newton, Seconded Cr Driver 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. Carried Unanimously |
Cr Gray returned to Chambers at 8.50pm.
Cr Gray declared an impartial interest in Item PS06-11/12 due to having accompanied a USA Study Tour organised by the City of Wanneroo, the tour included staff and consultants associated with Estate development company.
File Ref: 5137 – 12/114233 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 6
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Moved Cr Gray, Seconded Cr Hewer 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.
Carried Unanimously |
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
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Moved Cr Gray, Seconded Cr Hewer 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.
Carried Unanimously |
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
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Moved Cr Gray, Seconded Cr Hewer 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.
Carried BY ABSOLUTE MAJORITY 14/0 |
File Ref: 5560 – 12/130648 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 1
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Moved Cr Gray, Seconded Cr Hewer 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.
Carried Unanimously |
File Ref: SD134873 – 12/133685 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Moved Cr Guise, Seconded Cr Cvitan 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.
lost 3/11 For the motion: Cr Guise, Cr Cvitan and Cr Smithson Against
the motion: Mayor Roberts, Cr Goodenough, Cr Gray, Cr Driver, Cr
Hewer,
Alternative Motion
Moved Cr Gray, Seconded Cr Hewer That Council REQUIRES Administration to prepare for Council's approval, detailed plans and a funding and construction program for reconfiguring the intersection of Kakadu Road and Yanchep Beach Road, Yanchep to allow a right turn out of Kakadu Road into Yanchep Beach Road.
CARRIED UNANIMOUSLY
Reason for Alternative Motion
To allow right-turn vehicle movements out of Kakadu Road Into Yanchep Beach Road for improved traffic circulation in the area.
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File Ref: 2323V03 – 12/116522 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Driver, Seconded Cr Guise 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. Carried Unanimously |
File Ref: 7302 – 12/119682 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 1
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Moved Cr Driver, Seconded Cr Guise 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.
Carried Unanimously |
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
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Moved Cr Cvitan, Seconded Cr Steffens 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.
Carried Unanimously |
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
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Moved Cr Cvitan, Seconded Cr Steffens 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. Carried by absolute majority 14/0 |
Cr Newton declared a financial an impartial* interest
in Item CB07-11/12 due to being a financial member of the Wanneroo Agricultural
Society (Inc).
*This will be corrected in the confirmation of Minutes
at the Council meeting of
11 December 2012.
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
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Moved Cr Guise, Seconded Cr Newton 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).
Carried Unanimously |
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
|
Moved Cr Treby, Seconded Cr Gray 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.
Carried Unanimously |
File Ref: 8232 – 12/118725 Responsible Officer: Acting Director Infrastructure Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Gray 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). Carried Unanimously |
(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: |
File Ref: 3120 – 12/110892 Responsible Officer: Acting Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Guise, Seconded Cr Steffens That Council DOES NOT SUPPORT the part closure of the Brady Street/Ocean Reef Road junction to prevent vehicles traffic turning right from Brady Street onto Ocean Reef Road.
lost 4/10 For the motion: Cr Gray, Cr Hewer, Cr Goodenough and Cr Steffens Against
the motion: Mayor Roberts, Cr Cvitan, Cr Driver, Cr Smithson, Cr
Newton, |
File Ref: 5597 – 12/115027 Responsible Officer: Acting Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Treby, Seconded Cr Cvitan That Council:- 1. APPROVES the installation of "2P, 7:00AM-5:00PM" (R5-2(R)) signs covering the parking bays on Kent Road as shown on Drawing 0760-3-2 (Attachment 2 refers); 2. APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP" (R5-36) signs on the southwest corner of the Kent Road/Cabrini Place intersection as shown on Drawing 0760-3-2 (Attachment 2 refers); and 3. ADVISES the management of the Italian Community Nursing Home of Council's decision. Carried Unanimously |
File Ref: 3000 – 12/127652 Responsible Officer: Acting Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Cvitan That Council:-
1. NOTES that pathways projects PR-2345 and PR-2347 have been completed as part of the development; and 2. NOTES the following budget variations to reflect the revised Pathways (Road Reserve) project costings: INCOME
EXPENDITURE
Carried UNANIMOUSLY |
File Ref: 3000 – 12/127664 Responsible Officer: Acting Director Infrastructure Disclosure of Interest: Nil Attachments: 4
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Moved Cr Treby, Seconded Cr Cvitan That Council APPROVES Administration commencing community consultation to determine the level of community support for the proposal to lower the speed limit on Gnangara Road between Wanneroo Road and Hartman Drive, Madeley.
Carried Unanimously |
Cr Hewer declared a proximity interest in Item IN07-11/12 due to living in Atley Pass, Carramar and left the Chambers at 9.10pm.
File Ref: 3120 – 12/128075 Responsible Officer: Acting Director Infrastructure Disclosure of Interest: Nil Attachments: 3
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Moved Cr Gray, Seconded Cr Treby That Council:- 1. ENDORSES the proposal to close Atley Pass, Carramar, to vehicular traffic at its junction with Millendon Street as shown as Option 1 in City of Wanneroo Drawing No. 2794-1-0 (Attachment 2);
2. REQUESTS Administration to, in accordance with the requirements of Section 3.50 of the Local Government Act 1995, as amended, publicly advertise the permanent closure of Atley Pass, Carramar, to vehicular traffic at its junction with Millendon Street as shown as Option 1 in City of Wanneroo Drawing No. 2794-1-0 (Attachment 2); 3. REQUESTS Administration to prepare a report on the public submissions received in response to Item 2 for consideration by Council; 4. NOTES that the implementation of the proposal to close Atley Pass, Carramar is subject to the outcome of item 2 and 3 above; and 5. ADVISES the residents of Atley Pass and Nari Lane of Council's decision.
Carried Unanimously |
Cr Hewer returned to the Chambers at 9.11pm.
File Ref: 1702 – 12/128263 Responsible Officer: Acting Director Infrastructure Disclosure of Interest: Nil Attachments: 4
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Moved Cr Gray, Seconded Cr Treby That Council:- 1. NOTES that consultants will be appointed by the end of November 2012 to undertake: (a) a Review of Two Rocks Coastal Management incorporating a review of May 2006 Study; (b) a Review of Quinns Rocks Coastal Management; and 2. NOTES the following budget variation to accommodate the Department of Transport's grant of up to 50% of the estimated cost to undertake a Review of Two Rocks Coastal Management: INCOME
EXPENDITURE
Carried Unanimously |
Corporate Strategy & Performance
File Ref: 2402 – 12/130354 Responsible Officer: Acting Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Gray, Seconded Cr Treby That Council ADOPTS the Annual Audited Financial Report for the City of Wanneroo for the year ending 30 June 2012 as detailed in Attachment 1.
Carried Unanimously |
File Ref: 1859 – 12/133644 Responsible Officer: Acting Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Gray, Seconded Cr Treby That Council RECEIVES the list of payments drawn for the month of October, as summarised below:-
Carried Unanimously |
File Ref: 5509 – 12/134600 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 4
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Moved Cr Gray, Seconded Cr Treby That Council RECEIVES the Financial Activity Statements and commentaries on variances to Year to Date Revised Budget for the period ended 30 September 2012, consisting of: · Annual Original and Revised Budgets, · September 2012 Year to Date Revised Budget, · September 2012 Year to Date Income and Expenditures, · September 2012 Year to Date Material Variance Notes, and · September 2012 Year to Date Net Current Assets.
Carried Unanimously |
File Ref: 2402 – 12/129402 Responsible Officer: Acting Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Gray, Seconded Cr Treby That Council:- 1. ACCEPTS by an ABSOLUTE MAJORITY the City of Wanneroo Annual Report 2011/2012; and 2. NOTES that the Annual General Meeting of Electors is scheduled for Tuesday, 4 December 2012, commencing 6.00pm. Carried BY ABSOLUTE MAJORITY 14/0 |
File Ref: 2855V02 – 12/129625 Responsible Officer: Acting Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
|
Moved Cr Gray, Seconded Cr Treby That Council:-
1. APPROVES a request for sponsorship in the sum of $600.00 to WA Indoor Netball Association for the participation of Jordan Tate, Nicola Sing, Adam and Kelly Pidutti, in the 2012 Junior National Championships (U16s) to be held in Brisbane Qld from 2 – 9 December 2012;
2. APPROVES a request for sponsorship in the sum of $600.00 to WA Indoor Netball Association for the participation of Sasha Sing, Bianca de Vries, Ella Cromey, Samantha Palmer and Kelsey Harris in the 2012 Junior National Championships (U16s B Team) to be held in Brisbane Qld from 2 – 8 December 2012;
3. APPROVES a request for sponsorship in the sum of $600.00 to Esteem Dance Company for the participation of Kaela Birkin, Alyssa Coddington, Britneylee Fisher, Megan Baker and Natasha Blackburn in the World Supremacy Battlegrounds Competition to be held in Sydney NSW from 30 November to 1 December 2012;
4. APPROVE a request for sponsorship in the sum of $2,000.00 to Greenwood College for the participation of Courtney Belstead, Renae Harvey, Taylah McGorlick, Ashleigh McGorlick, Laura Porter, Caitlin Higgins, Sally Higgins, Fiona Tausem, Stacey Waddell, Lauren White and Lainee Zabeo in the Australian Volleyball Schools Cup to be held in Melbourne Vic from 10 – 14 December 2012; and
5. NOTES the application by the Royal Australian Airforce Association (WA Division) Inc to support a Remembrance Day Service and lunch at Cambrai Village on 11 November 2012 will be submitted for consideration under the Community Funding Program – October 2012.
1. Carried Unanimously |
File Ref: 6671 – 12/130475 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 2
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Moved Mayor Roberts, Seconded Cr Guise That Council:- 1. NOTES the draft Strategic Community Plan, "Building a Future Together" and the summary version; 2. ENDORSES the draft "Building a Future Together" and summary document for community consultation; 3. APPROVES the consultation process as outlined in this report.
Carried UNANIMOUSLY |
Cr Newton declared an impartial interest in Item MN01-11/12 due to being the patron of the Northern Suburbs Stroke Support Group.
Cr Smithson left the Chambers at 9.20pm
MN01-11/12 Cr Dot Newton – Request Waiver of Fees for Lions Club and Northern Suburbs Stroke Support Group File Ref: 3626V02 – 12/133842 Author: Cr Dot Newton Action Officer: Acting Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Newton, Seconded Cr Driver That Council:- 1. APPROVES a 100% waiver of fees in the sum of $543.60, funded from the Award Governance Donations Account 717143-1207-316, to the Wanneroo Lions Club to hold twice monthly meetings at the Wanneroo Community Centre from January to December 2013; and 2. APPROVES a 50% waiver of fees in the sum of $347.40, funded from the Award Governance Donations Account 717143-1207-316, to the Northern Suburbs Stroke Support Group to hold monthly meetings at the Wanneroo Recreation Centre from January to December 2013.
Amendment Moved Mayor Roberts, Seconded Cr Hayden To amend recommendation 2 by deleting 50% and inserting 100%. That Council:- 1. APPROVES a 100% waiver of fees in the sum of $543.60, funded from the Award Governance Donations Account 717143-1207-316, to the Wanneroo Lions Club to hold twice monthly meetings at the Wanneroo Community Centre from January to December 2013; and 2. APPROVES a
carried 12/1 For the
motion: Cr Goodenough, Cr Gray, Cr Cvitan, Cr Driver, Cr Guise,
Cr Mackenzie, Against the motion: Cr Hewer
The amendment became the substantive motion.
carried 12/1 For the
motion: Cr Goodenough, Cr Gray, Cr Cvitan, Cr Driver, Cr Guise,
Cr Mackenzie, Against the motion: Cr Hewer
|
Nil
Moved Cr Guise, Seconded Cr Cvitan
That Council move into a Confidential Session to discuss items under the terms of the Local Government 1995 Section 5.23(2).
CARRIED UNANIMOUSLY
The meeting was closed to the public and all recording ceased at 9.21pm.
Cr Smithson returned to chambers at 9.21pm
Moved Cr Hewer, Seconded Cr Truong
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 9.37pm.
Mayor Roberts read aloud the motions.
Cr Smithson returned to the Chambers at 9.42pm, having left the Chambers during the confidential session.
File Ref: 5642V02 – 12/130462 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: Nil This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting
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Moved Cr Newton, Seconded Cr Cvitan That Council PURSUANT to Section 31 of the State Administrative Tribunal Act 2004 (WA) SUBSTITUTES its decision of 26 June 2012 (Item No. PS09-06/12) to approve a development at Lot 20 (69) Rousset Road, Mariginiup and REPLACES that decision with approval of the same development subject to the following conditions being met to the satisfaction of the Manager, Planning Implementation: 1. This approval supersedes the approvals for DA30/2896, DA2005/675, DA2005/484 and DA2007/482; 2. This planning approval shall expire : A. within 3 years of the date that : i. land immediately adjacent to a 500 metre radius of the central point of 69 Rousset Road Maringiniup (the Land) is gazetted 'Urban' under the MRS; or ii. the Land is gazetted 'Urban' under the MRS,
whichever occurs first in time; or B. within 7 years of the date of this planning approval, whichever is the later; 3. The use of areas marked as “A” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Intensive Agriculture’ which states: “Intensive Agriculture : means any land or buildings used for trade or commercial purposes for the following: (a) the production of grapes, vegetables, flowers, exotic and native plants, fruits and nuts (including market gardens); or (b) the establishment of and operation of plant and fruit nurseries; or (c) the development of land for irrigated fodder product and irrigated pasture (including turf farms).”
4. The use of areas marked as “B” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Rural Industry’ which states: “Industry – rural : means an industry handling, treating, processing or packaging primary products grown, reared or produced in the locality, and a workshop used for the servicing of plant or equipment used for rural purposes in the locality.” 5. The use of areas marked as “C” on the approved plan shall be used for storage purposes; 6. The use of areas marked as “D” on the approved plan shall conform to the District Planning Scheme 2 definition of ‘Rural Use’ which states: “Rural use : means agriculture, horticulture, and may include aquaculture, and includes the raising of livestock and the retail sale of the produce of the property where satisfactory access and parking can be provided, and provided that any processing of the produce prior to sale can take place on site.” 7. A change of use from the uses approved under conditions 3, 4, 5 and 6 above will require the approval of the City; 8. Subject to condition 10 : (1) the hours of operation during the months of July to January inclusive shall be : (c) box folding equipment between the hours of 7am and 8pm seven days a week; and (d) all approved land uses, except the operation of box folding equipment, between the hours of 7am and 10pm seven days a week; and
(2) the hours of operation during the months of February to June inclusive shall be : (c) box folding equipment between the hours of 7am and 6pm seven days a week; and (d) all approval land uses, except the operation of box folding equipment, between the hours of 7am and 9pm seven days a week; and
(3) only one box folding machine shall be operated at any one time during the hours of operations as set out in condition 8(1) and (2) herein. 9. All compost shall be delivered in sealed packages or in a manner that prevents odour emission to the satisfaction of the City’s Health Services; 10. The hours of operation of box manufacturing/folding equipment shall be restricted to 7am to 6pm on Sundays and Public Holidays; and 11. A minimum of 15 parking bays shall be provided on site and maintained to the City's satisfaction. Carried Unanimously |
File Ref: 7871V02 – 12/120705 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (b) the personal affairs of any person (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting
|
Moved Cr Gray, Seconded Cr Hewer That Council:- 1. APPROVES the following criteria to be met by existing tenants to qualify for a 'fixed term site only' long stay arrangement; The resident must demonstrate to the satisfaction of the Chief Executive Officer that he/she: 1.1. Resides at the Caravan Park permanently (aside from being away on holidays or other such family related matters) and is not the owner of any other residential property; and 1.2 Is an aged pensioner or entitled to a disability pension; and/or 1.3 Is retired or working part time only and is not self employed; or 1.4 Such other personal circumstances so as to persuade the Chief Executive Officer to exercise his discretion to approve. (the criteria) 2. NOTES that the occupants of the sites subject to the Residential Parks (Long-stay Tenants) Act 2006 have been classified under the criteria and APPROVES: a) the intention to notify those occupants of sites that are deemed to satisfy the criteria be offered a two year 'fixed term site only' long stay agreement from 1 December 2012 under the terms of the Residential Parks (Long-stay Tenants) Act 2006; and b) the intention to notify those occupants deemed not to satisfy the criteria be issued 180 day notices of termination of their agreements in accordance with Section 42 of the Residential Parks (Long-stay Tenants) Act 2006 on 1 December 2012 seeking vacant possession of the sites on 1 June 2013. 3. DELEGATES to the Chief Executive Officer the authority to offer a 2 year 'fixed term site only' long stay agreement from 1 December 2012 to the occupants of any of the sites in 2 b) above that are able to demonstrate to the satisfaction of the Chief Executive Officer that they meet the criteria; 4. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to the 'fixed term long stay' agreements in 2a) and 3 above; 5. AUTHORISES the Chief Executive Officer to conclude all negotiations in respect to any of the matters ancillary to the termination arrangements; and 6. NOTES that Administration will liaise with the residents of the sites in 2 above and the Department of Commerce regarding the facilitation of accommodation options during the term of 'fixed term site only' agreements. Carried Unanimously |
The next Council Briefing Session has been scheduled for 7.00pm on Tuesday, 4 December 2012 to be held at Civic Centre, Dundebar Road, Wanneroo.
There being no further business, Mayor Roberts closed the meeting at 9.45pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN, JP Central Ward
RUDI STEFFENS Coastal Ward
BOB SMITHSON Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward