Extension of Quinns Rocks Dog Beach, risk and liability issues

1.         The Director of Planning and Sustainability, in his answer to Q17 (of 30 questions previously submitted by Mr Alan Vines), states "The extension of the dog beach does not provide exclusive use to dogs and their owners; the beach is still able to be utilised by all community members."  In the event that a 'community member', child or adult, utilising a beach as envisaged above with unrestrained dogs, suffers an injury or dies from being mauled by an unrestrained dog, will the Council admit legal liability for the consequences of any such event and pay adequate compensation for injury, death and any loss of income through injuries sustained?

2.         If local businesses can at some future date demonstrate that their businesses have suffered a loss of income as a result of the dog beach being extended southwards, will the Council pay adequate compensation to these businesses?

Response by Director Planning and Sustainability

1.         Dog owners are legally responsible for ensuring their dog(s) is kept and controlled in accordance with the Dog Act 1976 and the City's Animals Local Law 1999.  The dog owner would be liable for any attack or offence committed by their dog.  The City has several options available to it in dealing with dog attacks/offences, including prosecuting or infringing the dog owner for the attack.  Any action taken by the City would be separate from and additional to any civil proceedings brought against the dog owner by another affected party.

2.         That is a hypothetical and presumptuous question; the response to which would need to be determined on the basis of facts at the time that any such claim is received.

Closure of the Dewars Track.

I understand the CEO has a briefing session each week with the Mayor to keep her informed and up-to-date with activities and issues within the City of Wanneroo. Can details be provided as to when the Mayor was briefed by the CEO or any other director, in relation to the closing of the Dewars (Durrs) Track?

Response by Mayor Roberts

Director Infrastructure briefed Council at the Council Forum 18 March 2014 and advised of the inspection of the track. The CEO confirmed on 19 March 2014 that a safety inspection of the track was being undertaken.  It was then confirmed by the Director Infrastructure on the afternoon of 19 March 2014 that the track needed to be closed due to safety reasons. This information was then followed up by email to all Elected Members.

Impact to Local Businesses in Two Rocks

Regarding the economic impact on businesses in Two Rocks, has consideration been given to the fact that $120,000 is going to be spent on a review and the track will be closed until September?  Could the money rather be spent on making the track safer and then having it reviewed and a decision being made at a later date. 

Response by Director Infrastructure

In order for the track to be made safer Council would need to go outside of the ten metre easement which would require approval from land owners and clearing permits.  This could take up to six months. It was indicated that this would not be a quick fix.

Safety and width of Dewars Track

1.       How can 4 Wheel Drive vehicles use the track for years without incident and now all of a sudden it is deemed unsafe?

Response by Director Infrastructure

Safety and risk has been a key focus of the City in the past 12 months and this was taken into account in the assessment of the Dewars Track.

2.       What width would the track have to be for safe two way passing?

Response by Director Infrastructure

It would be necessary to consult with the 4 Wheel Drive Clubs and users of the track.

Further Response by Director Infrastructure

A response to a later question (PQ09-04/14, Question 1) advises that a minimum of 3m for each traffic land, with a minimum separation of 2 metre.

Why would the City of Wanneroo allow a bush track like Dewars with safety and anti social issues to exist in a residential area when alternative access is currently available?

Response by Director Infrastructure

An easement has been previously approved in conjunction with the property owners to be used for 4 Wheel Drive access in an effort to provide safe access to Dewars Beach and minimise the number of other tracks through private property.

Various Issues: Alex Fisher Shield Netball Tournaments; BMX Track at Wangara; Inadequate Lighting of Football Ovals from Two Rocks to Merriwa; Ocean Pool for Quinns Beach

1.       Alex Fisher Shield Netball Tournaments have raised $4,000 for the Cancer Council for WA however they have to travel to Joondalup to play.  Is it possible for Council to build a netball stadium for Wanneroo?

Response by Mayor Roberts

Wanneroo Districts Netball play at Kingsway, which is one of the largest netball facilities in Wanneroo and underwent a major upgrade a few years ago.

2.       Representatives from the BMX track at Wangara asked me to give an estimate on the removal of materials in the car park.  Council quoted $2,000 to remove the materials which seems excessive as there does not seem to be $2,000 worth of work?

Response by Director Infrastructure

Question to be taken on notice.

Further Response by Director Infrastructure

Unable to determine who from the City provided this cost estimate, but it would have allowed for disposal costs.

3.       The lighting from football ovals from Two Rocks to Merriwa seems to be inadequate.  Is it possible for Council to look into this matter?

Response by Mayor Roberts

There will be a meeting held with a number of clubs in the near future who are users at Ridgewood to address sporting facilities.

4.       Will the ocean pool be included in the feasibility amount for work being carried out at Quinns Beach as it could help with the erosion by renourishing the sand?

Response by Mayor Roberts

The priority at present is to address the erosion issues.  There has been a previous Council decision in relation to the ocean pool and the feasibility.

Response from Director Planning and Sustainability

Council's adopted Coastal Management Plan from July 2012 requires the City to undertake a feasibility assessment into other prospects of creating a tidal pool somewhere along the City's coast.  It does not discriminate to nominate Quinns Beach or anywhere else.  The carrying out of that work is subject to future budget funds being approved by Council.

Item IN02-04/14 Status of Dewars Beach Access Track

1.       As a volunteer for the Yanchep Volunteer Fire and Rescue Service, how would access be provided with the current barricades in place in the event of a bushfire along the Dewars Beach Access Track, averaging 12 callouts every fire season?  Perhaps a padlocked gate with a boxed padlock to avoid it being cut with bolt cutters during the current closure and future closure should be considered?

Response by Director City Businesses

This issue has been discussed with the Chief Bush Fire Control Officer and under the Bush Fires Act 1954 Council has right of access along all the tracks.  Currently there is no issue with access to bush fires. 

2.      Can you elaborate on this access?

Response by Director City Businesses

There is access under the Bush Fires Act 1954 to any property that would allow entry to deal with a bush fire including private land.

Item IN02-04/14 Status of Dewars Beach Access Track

Concerned as to the financial strain that the closure of the boat ramp and now also the track is putting on Two Rocks as a many small business owners rely on the traffic coming through? 

Response by Mayor Roberts

As the question was previously asked, it will be taken as a statement.

1.       The Director of Infrastructure stated in an answer to an earlier question this evening that you were not in a position to say how wide the track must be.  So how are you then in a position to determine that the track is unsafe?

Response by Director Infrastructure

Other advice may be required but it is suggested the tracks be a minimum of 3 metres wide in either direction with an absolute minimum of 2 metres separation, desirable 3 to 4 metres

2.       Without significant statistics available about the safety of this track and no significant or actual statistics on events that have happened or fatalities, how can it be determined that this track is unsafe when vehicles have been using it for so long?

Response by Director Infrastructure

This question has been answered earlier.  The LGIS report was presented last year which stated "It was recognised more drastic solutions were available to reduce the risk associated with the Dewars Beach track including closing or bitumising the entire track, however we endeavour to maintain a practical focus in considering appropriate treatment options.  It is also noticed that while closing the track may introduce reputational risk to the City and the incidence of illegal access, should the City be unable to implement reasonable treatment options it may be faced with the decision to close the track in the interest of user safety." 

It is believed that this point has been reached now. 

3.       Since the Briefing Session, the City has engaged the Local Government Insurance Scheme to undertake a further review and to provide advice for Council's consideration at its meeting on 1 April 2014.  The outcomes of that report has not been presented as yet.  Have any of the Elected Members been presented with this report?

Response by Chief Executive Officer

It is understood Council has received an overview of that report but not the final report.  Clarification is sought from the Director of Infrastructure.

Response by Director Infrastructure

An email was sent to all Elected Members outlining advice from LGIS based on an inspection undertaken last Friday.  The LGIS has been commissioned to do a detailed report and present it to the City, but there has only been time for them to do an inspection of the track. 

The decision to close the Dewars Track has led to a significant downturn in trade, over 50% for local businesses over the first weekend since the closure, compared with trading figures from the previous weekend.  This decision comes on top of previous complications involving the marina and the lack of a boat ramp which has already affected trade.  How can the City bring prosperity back to the businesses of Two Rocks? 

Response by Mayor Roberts

The boat ramp is not the responsibility of the City of Wanneroo.  A letter was sent to the Minister requesting the boat ramp be looked at as a matter of urgency.  The issue with the Dewars Track could not have been foreseen.  The call was made by the Director of Infrastructure based on safety and safety cannot be compromised.

          With respect to the LGIS report, how often are they done?  Is it a yearly or two yearly thing or whenever and how many have  been undertaken on Dewars Track.  Can the public have access to that and can it be uploaded to the Web.

Response by Director Infrastructure

They are undertaken upon request,  there has not been an annual or six monthly review and only aware of one that has been reported to Council.  On advice from the CEO, the City will consult with the owner of the report, LGIS to see if they are comfortable for it to be released.

If the 4WD community and the Council worked together to sort out the rubbish, traffic and noise problems, would the local residents that have spoken tonight be happy to have the track reopened?

Response by Mayor Roberts

The answer to that would come from the consultation process.

Response by Director Infrastructure

The question is directed at residents of Two Rocks so I am unable to provide an answer.

1.         There was an emergency the other night and could not get an ambulance there. It took over two hours to get to the beach and the Ambulance Manager could not get any response from the Council to gain access from Two Rocks.  Furthermore, he also wrote an email to Council today asking how they could gain access to any incident that happens on the Two Rocks beach.  

Response by Director City Businesses

The emergency access is under the same rules as anyone else.  There is the ability to access through different areas.  The Dewars track was never intended to be open to the beach, it was an access track to the carpark which was sealed off.  Historically, it was never supposed to have that emergency access. 

2.      The Two Rocks/Yanchep Ambulance Service were not aware of the Two Rocks closure until that night.  When they sent an ambulance, which was not a 4WD vehicle but usually gains access to the beach for surfing accidents or minor rollovers, but in this case they needed to get a 4WD from Lancelin to gain access.

Response by Mayor Roberts

Taken as a statement.

3.      There is no Dewars carpark for surfers, so they are going to The Spot.  What is Council going to do to resolve this issue and increase the parking for about 300 vehicles?

Response by Director, Infrastructure

Council has been made aware of the problem this evening during deputation time so that is something that will need to be investigated.

The LGIS review of Dewars Track was made as the result of a request to scope out the area and the safety issues.  Where did that initial request for that review come from and why?

Response by Director Infrastructure

The concern about the safety of the track was raised by road maintenance staff and brought to my attention by the Manager of Infrastructure Maintenance.  Once aware of the problem, there was an obligation to inform Council and to do an inspection of the track.

1.         There seems to be a history of the City of Wanneroo closing down access areas, including Alkimos and a number of other areas.  With the closure of the Dewars Track, where does the Council recommend that 4 Wheel Drivers go?

Response by Mayor Roberts

The Alkimos was closed as families were building houses in that area and were using the beaches, so not only is it not safe to use 4WDs where there are children on the beach, it is also illegal for 4WDs to be on the beach.

Response by Director, City Businesses

The City of Wanneroo is an expanding community and the laws at this point of time make it illegal to drive a 4WD on the beach.  There has never been legal access to the beach for 4WDs at Dewars Track.  There are points in the Gingin Shire that can be accessed.  As far as regulations go, there is no access in the City of Wanneroo to the beach and never has been. 

Response by Chief Executive Officer

The challenge for the City of Wanneroo is that the majority of the land to the east and west of Marmion Avenue is held by private landowners and is zoned urban, therefore there is not a lot of land under the City of Wanneroo's ownership that is available to provide access to the beach.  The Dewars track was originally constructed for fishermen and surfers to access the carpark and then walk to the beach.

Response by Mayor Roberts

The City of Wanneroo is growing by just under 8,000 residents every year and the majority are in that coastal area. 

Response by Director, Planning and Sustainability

The land in Alkimos through which 4WD access was prevented is privately owned.  Closure of access was a result of those private landowners wanting to prevent trespassing on their properties, it had nothing to do with the City's decisions.

2.         It has been proven with the Dewars Track that the City can work with land owners to gain access to beach areas for 4 Wheel Drivers, fishermen, surfers and other groups.  Why can't the Council work with other land owners to maintain the same sort of access in other areas?

Response by Director, Planning and Sustainability

That is a generic question of principle that only Council can answer.  The only easement in place that Council is a party to is the access track to Dewars Beach.

Response by Mayor Roberts

The easement was actually created to ensure access to the beach for fishermen and surfers.

3.         Closing down 4WD access to the beach for fishermen and surfers is essentially closing the beach because it can only be accessed by 4WDs?

Response by Mayor Roberts

Closing down the track to the beach is due to serious safety concerns.

4.              Is there any other options of opening up an alternative area?

Response by Mayor Roberts

Council is looking at the recommendation in the Agenda this evening which will also cover consultation.  A number of suggestions and clubs willing to work with the Council were raised during deputation time.  It was not an easy decision by the Director to close the track but it was following an assessment of the safety.  The report this evening covers significant consultation.

5.         Having travelled all over Australia and to a lot of remote and rural communities, such as Geraldton, Broome etc, shared access has never been an issue and safety is rarely considered a huge problem.  A lot of the reports here state it is about safety between residents and beach access as excuses to close the track.  How is it that the track is going to affect the safety of everyone in the community? 

          Other areas around Australia have managed the access, why can't the City of Wanneroo provide a solution that suits everybody?

Response by Director, Infrastructure

If Council adopts the recommendations this evening, the City will consult with the community, landowners and users of the existing track to look at options to provide safe access to Dewars Beach but not access through the whole coastline but to reinforce what was originally intended, which was to provide access to Dewars Beach for people to park their cars and walk to the beach. 

6.         Is that a commitment from the Council that they are going to try to solve the problem rather than keep the track closed?

Response by Mayor Roberts

That is in accordance with the recommendations on the Council Agenda this evening.  There are a number of options.

If the area from Dewars Track and the carpark north is not legally allowed to be driven on, why is training been conducted there and told by DEC officers that 4 Wheel Driving is legally allowed north of that section?

Response by Mayor Roberts

Will take that as a statement.

Why has the Dewars Track been closed now that is unsafe rather than repaired and kept open, considering it was the Council that built it? 

Response by Mayor Roberts

The recommendation on the Agenda tonight will look at a number of different options.

Moved Cr Driver, Seconded Cr Parker

That the minutes of the Ordinary Council Meeting held on 4 March 2014 be confirmed subject to an amendment to Item IN08-03/14 by removing Cr Treby's name from the vote as he had left chamber during consideration of this item; and

That the Minutes of the Ordinary Council Meeting held on 10 December 2013 be amended to remove Cr Winton's name from the vote on Item PS06-12/13 as she had left the chamber during consideration of this item.

Carried Unanimously

Mayor Roberts and Cr Newton presented a plaque to Members of Lake Joondalup Lifestyle village choir in recognition of their contribution to Citizenship ceremonies in addition to their work on Australia Day.

Would like to clarify if the inspection and maintenance program of Dewars track has been documented and includes triggers for inspection such as storms and heavy rain?

Response by Director Infrastructure

Yes to both.

Cr Zappa presented a petition of 84 signatories requesting a basket ball back board, ring and hard sand area in Ashdale Garden Estate Darch.

The petition to be forwarded to Community Development Directorate for action

Cr Guise presented a petition of 233 signatories requesting that the proposed traffic management scheme to install rubberised speed cushions for Drovers Place not be adopted.

The petition to be forwarded to Infrastructure  Directorate for action.

Cr  Winton  presented a petition of 309 signatories requesting that no extension to the existing dog beach at Quinns Rocks be granted and that Council instead pursue other options, at other locations, for dog beaches along the City of Wanneroo coastline.

The petition to be forwarded to the Planning &Sustainability Directorate for action.

Cr Smithson presented a petition of 13 signatories requesting the installation of traffic calming measures along Tapping Way Quinns Rocks.

That the petition be forwarded to Infrastructure Directorate for action.

Cr Driver presented a petition of 32 signatories requesting future restrictions of commercial and mixed lots in Boranup Avenue Clarkson.

The petition to be forwarded to the Planning &Sustainability Directorate for action.

Cr Newton presented a petition of 517 signatories to support the Medical Centre and Pharmacy to be located at Drovers Place, Wanneroo.

The petition to be forwarded to Planning and Sustainability Directorate for action.

Cr Hewer presented a petition of 150 signatories  to approve lot 133 Village Row Yanchep to be developed into a car park for the Medical Centre and Pharmacy clients.

That the petition be forwarded to  Infrastructure Directorate for action

Cr Winton presented a petition from 368 electors requesting that no extension south to the existing dog beach at Quinns Rocks be granted and that Council instead pursue other options, at other locations, for dog beaches along the City of Wanneroo coastline.

Update

Administration intends to present a report on the proposed extension to the Quinns Dog Beach to Council for consideration at its meeting on 29 April 2014

Cr Parker presented a petition from 56 electors requesting the installation of additional seating and shade trees around the oval of Abbeville Park, Mindarie.

Update

Report to be presented to Council 24 June 2014

Cr Parker presented a petition from 13 electors requesting the installation of traffic calming measures on Ainsbury parade Clarkson to stop motorists speeding and using it as a bypass road instead of going to the roundabout on Marmion and Hester Avenues.

Update

Report to be presented to Council 24 June 2014

Cr Hayden presented a petition from 98 electors requesting the installation of shade sails at Appleby Park in Darch.

Update

Report to be presented to Council 29 April.

Cr Nguyen presented a petition from 328 electors requesting the matter of excessive noise and chemical emissions emanating from various local businesses located in Landsdale that are often operating outside of business hours. 

Update

A report will be presented to Council at its meeting on 29 April 2014.

Moved Cr Newton, Seconded Cr Zappa

That Item IN02-04/14 Status of Dewars Beach Access Track be discussed as the first item of business.

CARRIED UNANIMOUSLY

File Ref:                                              1695 – 14/86906

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Parker, Seconded Cr Cvitan

That Council:-

1.       NOTES the decision made under Delegated Authority (for the closure of thoroughfares to vehicles for period not exceeding four weeks) of the Director Infrastructure to close the Dewars Beach Access Track from 21 March 2014 for 28 days due to the safety risk to the public;

2.       DELEGATES to the Chief Executive Officer the authority to negotiate with the Landowners a variation of the public access easements over Lot 13 and Lot 14 dated 13 March 2008 which permits the City to close the track for a period of time longer than 28 days;

3.       AUTHORISES the Mayor and Chief Executive Officer to affix the seal to the variation of the public access easement or document/s required to effect the variation of the public access easement;

4.       AUTHORISES the Director Infrastructure to permanently close the Dewars Beach access track in accordance with Sections 3.50(1a) and 3.50(4) of the Local Government Act 1995 should the variation of the public access easement over Lot 13 and Lot 14 not be achieved by 18 April 2014;

5.       AUTHORISES Administration to appoint a consultancy team to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks, inclusive of risk assessment, feasibility assessment, community engagement, environmental considerations and approvals, unexploded ordnance assessment, concept design, cost estimates, legal implications and maintenance management plans and present a study report to the City by no later than 30 September 2014;

6.       NOTES that Administration will report to Council on the outcomes of the study report  referred to in 5 above, in November/December 2014;

7.       Pursuant to Section 6.8(1) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $120,000 to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks, inclusive of risk assessment, feasibility assessment, community engagement, environmental considerations and approvals, unexploded ordnance assessment, concept design, cost estimates, legal implications and maintenance management plans; and

8.       NOTES the following budget variation to fund the appointment of a consultancy team to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks;

          EXPENDITURE

1.                     

9.       WRITES to the landowners of Lots 13 and 14 seeking a contribution towards the cost of the consultancy team referred to in 5 above.

Amendment

Moved Cr Aitken, Seconded Cr Hewer

To change the dates in Item 6 from 'November/December' to November and add a new item 10.

That Council:-

1.         NOTES the decision made under Delegated Authority (for the closure of thoroughfares to vehicles for period not exceeding four weeks) of the Director Infrastructure to close the Dewars Beach Access Track from 21 March 2014 for 28 days due to the safety risk to the public;

2.         DELEGATES to the Chief Executive Officer the authority to negotiate with the Landowners a variation of the public access easements over Lot 13 and Lot 14 dated 13 March 2008 which permits the City to close the track for a period of time longer than 28 days;

3.         AUTHORISES the Mayor and Chief Executive Officer to affix the seal to the variation of the public access easement or document/s required to effect the variation of the public access easement;

4.         AUTHORISES the Director Infrastructure to permanently close the Dewars Beach access track in accordance with Sections 3.50(1a) and 3.50(4) of the Local Government Act 1995 should the variation of the public access easement over Lot 13 and Lot 14 not be achieved by 18 April 2014;

5.         AUTHORISES Administration to appoint a consultancy team to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks, inclusive of risk assessment, feasibility assessment, community engagement, environmental considerations and approvals, unexploded ordnance assessment, concept design, cost estimates, legal implications and maintenance management plans and present a study report to the City by no later than 30 September;

6.         NOTES that Administration will report to Council on the outcomes of the study report  referred to in 5 above, in November/December;

7.         Pursuant to Section 6.8(1) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $120,000 to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks, inclusive of risk assessment, feasibility assessment, community engagement, environmental considerations and approvals, unexploded ordnance assessment, concept design, cost estimates, legal implications and maintenance management plans;

8.         NOTES the following budget variation to fund the appointment of a consultancy team to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks:

EXPENDITURE

9.         WRITES to the landowners of Lots 13 and 14 seeking a contribution towards the cost of the consultancy team referred to in 5 above; and

10.       INVESTIGATE options to gain Federal/State Government funding for alternatives/ remediation.

lost

13/1

For the motion:           Cr Aitken

Against the motion:   Cr Treby, Cr Cvitan, Cr Driver, Cr Guise, Cr Hewer, Cr Newton,
Cr Nguyen, Cr Parker, Mayor  Roberts, Cr Smithson, Cr Truong,
Cr Winton, Cr Zappa

Amendment

Moved Cr Parker, Seconded Cr Aitken

In points 5 and 7 to include the words, "State Track Classification" after the work  implications".

That Council:-

1.       NOTES the decision made under Delegated Authority (for the closure of thoroughfares to vehicles for period not exceeding four weeks) of the Director Infrastructure to close the Dewars Beach Access Track from 21 March 2014 for 28 days due to the safety risk to the public;

2.       DELEGATES to the Chief Executive Officer the authority to negotiate with the Landowners a variation of the public access easements over Lot 13 and Lot 14 dated 13 March 2008 which permits the City to close the track for a period of time longer than 28 days;

3.       AUTHORISES the Mayor and Chief Executive Officer to affix the seal to the variation of the public access easement or document/s required to effect the variation of the public access easement;

4.       AUTHORISES the Director Infrastructure to permanently close the Dewars Beach access track in accordance with Sections 3.50(1a) and 3.50(4) of the Local Government Act 1995 should the variation of the public access easement over Lot 13 and Lot 14 not be achieved by 18 April 2014;

5.       AUTHORISES Administration to appoint a consultancy team to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks, inclusive of risk assessment, feasibility assessment, community engagement, environmental considerations and approvals, unexploded ordnance assessment, concept design, cost estimates, legal implications State Track Classification and maintenance management plans and present a study report to the City by no later than 30 September 2014;

6.       NOTES that Administration will report to Council on the outcomes of the study report  referred to in 5 above, in November/December 2014;

7.       Pursuant to Section 6.8(1) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $120,000 to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks, inclusive of risk assessment, feasibility assessment, community engagement, environmental considerations and approvals, unexploded ordnance assessment, concept design, cost estimates, legal implications State Track Classification and maintenance management plans; and

8.       NOTES the following budget variation to fund the appointment of a consultancy team to undertake a detailed review of the existing Dewars Beach access track and alternative access tracks;

          EXPENDITURE

1.                     

9.       WRITES to the landowners of Lots 13 and 14 seeking a contribution towards the cost of the consultancy team referred to in 5 above.

CARRIED BY ABSOLUTE MAJORITY

13/0

The amendment and substantive motion was superseded by a procedural motion.

Procedural Motion

Moved Cr Treby, Seconded Cr Guise

That the motion be deferred to a Special Council meeting to be held in 2 weeks time to allow further information to be provided to Elected Members.

carried

12/2

For the motion:           Cr Treby, Cr Cvitan, Cr Driver, Cr Guise, Cr Hewer, Cr Newton,
Cr Nguyen, Mayor  Roberts, Cr Smithson, Cr Truong, Cr Winton and Cr Zappa

Against the motion:   Cr Aitken, Cr Parker

File Ref:                                              6912 – 14/19713

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Guise, Seconded Cr Hewer

That Council:-

1.       NOTES that no submissions were received in respect of Amendment No. 126 to District Planning Scheme No. 2 and, pursuant to Regulation 17(2)(a) of the Town Planning Regulations 1967, ADOPTS that Amendment without modification for the purpose of:

a)      Deleting Special Provision No. 1 of Special Rural Zone No. 18 contained within Schedule 13 and inserting the following text in its place:

          “1. Subdivision and development shall be in accordance with the Development Guide Plan dated 2 August 2011.”; and

b)     Amending Special Provision No. 7 of Special Rural Zone No. 18 by deleting the  following text:

       “In reference to the portion of the subject land shown bounded by the stippled boundary on the Modified Development Guide Plan, land use permissibility for this land shall be determined in accordance with the ‘Rural Resource Zone’.”; 

2.       Pursuant to Regulation 22(1) of the Town Planning Regulations 1967 AUTHORISES the Mayor and Chief Executive Officer to sign and affix the common seal of the City of Wanneroo to the documentation for Amendment No. 126 to District Planning Scheme No. 2;  and

3.       FORWARDS Amendment No. 126 to District Planning Scheme No. 2 to the Western Australian Planning Commission for its consideration, REQUESTING the Honourable Minister for Planning grant final approval to the Amendment.

Carried Unanimously

File Ref:                                              11374 – 14/28025

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Guise, Seconded Cr Hewer

That Council:-

1.       NOTES that no objections were received in respect of the proposed closure of a portion of the Alpina Promenade road reserve in Banksia Grove, where identified in Attachment 2;

2.       SUPPORTS the closure of the portion of the Alpina Promenade road reserve comprising the land where identified in Attachment 2;

3.       AUTHORISES a request being made to the Minister for Lands pursuant to Section 58 of the Land Administration Act 1997, for the permanent closure of the portion of the Alpina Promenade road reserve comprising the land where identified in Attachment 2; and

4.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the closure.

Carried Unanimously

File Ref:                                              1874 – 14/71244

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Newton, Seconded Cr Cvitan

That Council pursuant to Section 6.12(1)(c) of the Local Government Act 1995 WRITES OFF the outstanding amount of $21,413.33 for sundry debtors, as detailed below:-

Carried Unanimously

File Ref:                                              4169 – 14/2867

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       APPROVES in principle, a commercial lease of a 55.5m² portion (Tenancy 2) of Reserve 47718, Lot 511, Clarkson Library, Ocean Keys Boulevard, Clarkson to Sharon Johnson and Joy Ann Smith, for a term of five (5) years commencing 1 August 2014 with a five (5) year option subject to the requirements of the Commercial Tenancy (Retail Shops) Act 1985 and the Minister for Lands approval;

2.       AUTHORISES the publication of a local public notice of the intention to enter into the lease in accordance with Section 3.58 of the Local Government Act 1995;

3.       In the event there are no submissions, NOTES the Chief Executive Officer under delegated authority will approve the lease; and

4.       NOTES if any submissions are received a further report will be presented to Council.

Carried Unanimously

File Ref:                                              6572 – 14/77806

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       ACCEPTS the suggested Route Three for the unconstructed portion of Scenic Drive as shown on Attachment 1;

2.       If Route Three is not considered feasible by the Water Corporation, ACCEPTS Route Two instead of Route Three for the unconstructed portion of Scenic Drive as shown on Attachment 1 and NOTES the Water Corporation will be responsible for consultation with any affected residents;

3.       ACCEPTS Route One for the Ashby Operations Centre and Bush Forever Site No.164 as shown on Attachment 2;

4.       CONSENTS to the Development Application being submitted to the Department of Lands for signing for subsequent review by Planning Implementation;

5.       AUTHORISES the Mayor and the Chief Executive Officer to execute a Deed of Agreement and any other associated documentation in order for the sewer works to proceed; and

6.       NOTES a further report will be presented to Council outlining the proposed future use of the unconstructed portion of Scenic Drive.

Carried Unanimously

File Ref:                                              3624 – 14/68390

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       AGREES to relinquish the management orders for Crown reserve 13713, being Lot 500 (1923) Wanneroo Road, Neerabup, and Crown reserve 25253, being Lot 6765 (2289) Wanneroo Road, Nowergup;

2.       RETAINS the management order for Crown reserve 25252, being Lot 6764 (2389) Wanneroo Road, Nowergup as the Department of Parks and Wildlife will not fund remediation of the site (should it be required); and

3.       NOTES a further report will be presented to Council should the circumstances change with respect to 2. above.

Carried Unanimously

File Ref:                                              4171 – 14/87328

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       APPROVES the excision of the public disabled toilet from the increased lease area previously approved at the Ordinary Council meeting held on 03 April 2012, (CB10-04/12); and

2.       NOTES that the Deed of Variation has been correctly drafted to reflect the excision.

Carried UNANIMOUSLY

This item was withdrawn at the meeting.

File Ref:                                              9175 – 14/74914

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Aitken, Seconded Cr Nguyen

That Council:-

1.       NOTES the outcome of the City of Wanneroo's Community Sport and Recreation Facilities Fund (CSRFF) application for the 2013 funding round as follows

2.       LISTS for consideration the following amendments to the City's 10 Year Financial Management Plan:

Carried Unanimously

File Ref:                                              10636 – 14/57165

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Aitken, Seconded Cr Nguyen

That Council:-

1.       ENDORSES the Tendring Park final concept plan shown in Attachment 2 of this report;

2.       NOTES the timeline for the development and construction of Tendring Park; and

3.       RECOGNISES and THANKS the community for its involvement in the community consultation component of the project.

Carried Unanimously

File Ref:                                              7902 – 14/29193

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Aitken, Seconded Cr Nguyen

That Council:-

1.       ENDORSES the Wanneroo Wheeled Sports Facility Concept Report and final concept plan shown in Attachments 1 and 2 of this report;

2.       NOTES the estimated total project cost of $599,924, which is within the current project budget of $600,000;

3.       NOTES that a Lotterywest grant application for the sum of $200,000 will be submitted to Lotterywest in March 2014 and that a further report will be provided to Council should the outcome of the grant application be less than the currently budgeted $200,000;

4.       NOTES the timeline for the development and construction of Wanneroo Showgrounds Skate Park and Youth Precinct as contained within this report; and

5.       RECOGNISES the significant contribution of those members of the public involved in the consultation process and THANKS those members of the community for their involvement in the project to date.

Carried UNANIMOUSLY

File Ref:                                              2095V03 – 14/67691

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.       NOTES the change in the predominant use of Lots 85, 87-88, 95-96 and 250 DP400742 Midsummer Avenue, Jindalee, Lots 31, 33-42, 54, 56-61, 80-84, 89, 98, 108, 244, 9001 and 9002 DP400414 Midsummer Avenue, Jindalee and Lots 1-4 SP66176 Willespie Drive, Pearsall.

2.       RECOMMENDS to the Minister of the Department of Local Government and Communities that, pursuant to Section 6.28 of the Local Government Act 1995, the method of valuation for the properties outlined in 1. above be changed from unimproved value to gross rental value; and

3.       NOTES that the effective date of the new method of valuation for the properties outlined in 1. above to be the date of gazettal.

Carried Unanimously

File Ref:                                              1859 – 14/71882

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Treby

That Council RECEIVES the list of payments drawn for the month of February 2014, as summarised below:-