IN04-05/14 – Tender 01402 Brazier Road Stage 2, Yanchep Kiosk to existing Brazier Road, Yanchep.

"I would like to question the "Value for money" decision that was made with regards the decision taken to award Tender 01402 Brazier Road Stage 2, Yanchep Kiosk to existing Brazier Road, Yanchep?

A recommendation and comment was made to justify awarding the contract to Ertech Pty Ltd at a premium of $221,165.83 to Council and Rate Payers of Wanneroo compared to the offers received from other contractors.  The comment further states that the Councils Construction Estimate of $1,851,600.00 was in retrospect, based on tender prices submitted, not fully reflecting the impact and complexity of the works to be undertaken.  A further comment is made by the panel stating that the shortfall of $272,000.00 is primarily accounted through the complexity of the work undertaken and current market rates.

How can this statement be accepted and justified?  Three of the offers received were below the Councils Construction Estimate and a further 3 were within $142,000.00 above the initial budget yet the recommendation was made to award the contract to Ertech Pty Ltd, who was 7^th most expensive resulting in, as previously stated, a cost of $221,165.83 to the Rate Payers of Wanneroo.

The submitted offers indicate the contrary and the works are not considered complex from a construction and delivery perspective as they are not undertaken under live traffic or heavy pedestrian flow areas.  A further saying that all tendered prices received, with all bar one, being above the Construction Estimate prepared by the Administration.  This statement and finding is incorrect.

WBHO Civil Pty Ltd and Ertech Pty Ltd was assessed and considered to be the only 2 contractors that confirmed their respective lump sum prices were fully inclusive with no financial risk to Council.

In addition to meeting the financial requirements, WBHO Civil, like the recommended Contractor, is a Federal Safety Accredited company and therefore no differentiation in assessment is justified.  WBHO Civil is a MRWA approved contractor more than capable to deliver this level of work complexity and therefore again no differentiation in assessment is justified.  This leads to various questions on how the assessment is made to not be equally ranked in these regards.  Construction schedules highlighting tasks and resourcing in line with Council timeframe was also submitted and WBHO Civil has ISO accredited quality and environmental systems to manage the works.

Our question is why WBHO Civil was not named as the preferred contractor, only slightly exceeding budget and providing a greater value for money submission to both the Wanneroo Council and rate payers than that recommended?"

Response from Director, Infrastructure

The selection criteria weighting was established before Tender No 01402 was advertised and as stated in the report, price was weighted at 40% leaving 60% for the remaining four selection criteria.

These selection criteria were scored according to the Tender Evaluation Team's assessment of each submission relative to each criterion (excluding price). In this instance and as stated in the report, Ertech Pty Ltd scored highest in is response to Methodology, Safety Management, Experience and Resources relating to the works as proposed.  The scoring attributed to these criterion ultimately made up more than the difference in the scoring attributed to price when comparing Ertech's overall weighted score against that of WBHO Civil.  As a consequence, Ertech's tender submission was considered overall value for money and therefore recommended for tender award.

Item PS01-05/14 Adoption of Local Planning Policy 5.3: East Wanneroo

"How much longer will it take to achieve the first step of the process, the actual re-zoning of our land to urban?"

Response by Director Planning and  Sustainability

Under proposed LPP 5.3, the time it will take to rezone land to Urban under the Metropolitan Region Scheme (MRS) will depend on how long it takes the landowners and their consultants to prepare and submit the MRS amendments for the East Wanneroo North and South Districts to the Western Australian Planning Commission (WAPC), and how long it takes the State planning authorities (the Minister for Planning and WAPC) to progress the proposed amendment through the MRS amendment process involved.

If the MRS amendment is considered to be of  a major nature (which is likely), then the process will also involve  the proposed amendment being placed before both Houses of Parliament toward the end of the process, for consideration of possible disallowance. 

If all of the above steps are progressed quickly and smoothly, it is possible that (at best) rezoning to Urban could occur mid-late in the 2016/17 financial year.  However, it could also take substantially longer than that, and it is also possible that the State planning authorities, or Parliament, might not allow the rezoning to occur at all.

PS01-05/14 –Adoption of Local Planning Policy 5:3 East Wanneroo

"In 2004, the first glossy presentation of the 'East Wanneroo land use and water Management Strategy' was presented to rural land owners by the Hon. Minister for Planning and Infrastructure, the Hon. Alannah MacTierman M.L.A, ostensibly to provide certainty for rural landowners about future zoning of the East Wanneroo area.

This 2004 Government publication, and all subsequent related publications, all indicate that the vast majority of the East Wanneroo area would be zoned urban.

Given that the City of Wanneroo was, and still is in possession of these Government publications, my question is:

What has the City of Wanneroo been doing about supporting and proposing the re-zoning of the East Wanneroo area since 2004?

Response from Director, Planning & Sustainability

The 'East Wanneroo Land Use and Water Management Strategy' (EWLUWMS) document released by the State Government in 2004 was a 'Preliminary Discussion Paper' which included three land use scenarios for the broader East Wanneroo area (including Neerabup, Nowergup and Carabooda to the north).  The scenarios involved varying degrees of possible new urban land in East Wanneroo.

A draft EWLUWMS was released in 2005 for public comment, with the final 'The Future of East Wanneroo' report being released in 2007.  The final report identified parts of East Wanneroo as 'possible future urban', and recommended that the State planning agency prepare a structure plan for that area, along with an implementation process.

The outcome of the above recommendation was the release for public comment, by the Western Australian Planning Commission (WAPC) in November 2009, of the Draft East Wanneroo Structure Plan. Council considered the draft East Wanneroo Structure Plan (EWSP) at its meeting on 15 December 2009 (Item PS05-12/09) and generally resolved to:

·        Endorse detailed comments as the basis for the City's submission to the WAPC on the draft structure plan;

·        Note that the Mayor had already raised Council's concerns with the Minister for Planning on the lack of consultation undertaken and information provided by the Department of Planning on this matter; and

·        Invite the Member for Wanneroo to hold a public forum for local affected residents and key interested parties to enable the stakeholders to identify issues of concern and to seek practical solutions.

Following from the above, the WAPC released the Final EWSP on 27 January 2011. Although no further opportunity was available for public comment, Council formally considered the Final EWSP at its meeting on 5 April 2011 (Item PS09-04/11) and resolved, among other things, to:

·        Request the WAPC to prepare a detailed and clear implementation rocess that addresses the issues and concerns raised by the City;

·        Request the WAPC to fund the various studies required to enable rezoning to Urban Deferred and reserving relevant regional reservations under the Metropolitan Region Scheme;

·        Seek a deputation with the Infrastructure Coordinating Committee todiscuss future infrastructure provision in East Wanneroo;

·        Request the WAPC to establish a governance structure which can facilitate a properly coordinated approach across Federal, State and Local Government to the planning and development of East Wanneroo;

·        Require Administration to prepare a Local Planning Policy to define the City's expectations and requirements for progressing planning proposals in East Wanneroo;

·        Write to all landowners in the East Wanneroo Structure Plan area, clarifying that the EWSP is a State Government docuemnt and therefore any questions or comments relating to it should be directed to the Department of Planning;

·        Write to the Minister for Planning advising of Council's concerns and advise that if the WAPC does not satisfactorily address those concerns, Council may consider requesting the Minister to give a direction to the Commission under the Planning and Development Act, requiring them to take the necessry steps to address those concerns.

Over many years, the City of Wanneroo has repeatedly and proactively lobbied the State Government to take on the lead role in establishng a framework and governance structure for the orderly and properly planning and development of East Wanneroo, to ensure the future development potential of the area is realised, commensurate with the timely and coordinated delivery of essential transport and utility infrastructure. Unfortunately, the City's consistent efforts over many years have been to no avail, with the WAPC stating that it is not reponsible for acting as the proponent and undertaking the various studies required to prove-up the development potential of the area. As such, and in the absence of any other State Government interest or action in this regard, the City of Wanneroo has taken it upon itself to prepare Local Planning Policy 5.3: East Wanneroo (LPP 5.3), to address the lack of any guidance provided in the East Wanneroo Structure Plan regarding implementation and realisation of that structure plan. The City undertook this work for the benefit and in the interests of all landowners in East Wanneroo, even though it was not obliged to do so and despite the clear lack of will on behalf of the State Government to establish an implementation framework to deliver its Structure Plan.  

LPP 5.3 will provide much-needed clarity and consistency for landowners and developers alike, of the City's expectations and requirements for progressing the planning and development of East Wanneroo. This policy reflects over two years worth of work by the City, including two separate rounds of extensive consultation with all affected landowners. It is hoped that the Department of Planning and WAPC will actively support the implementation of LPP 5.3.

PS01-05/14 –Adoption of Local Planning Policy 5:3 East Wanneroo

"We appreciate the policy formed by the Wanneroo Council for the development of East Wanneroo. 

However having been confronted with so many plans, drafts, submissions and stalling over decades, and now being faced with another five year plan, we ask:

What will the Wanneroo City Council do to support ratepayers and hasten the process to some action in this current year?"

Response from Director, Planning & Sustainability

Under the proposed policy, the onus is on the landowners, with their consultants, to get the proposed planning process moving forward, by undertaking Steps 1 and 2 of the process.  This involves the landowners/consultants preparing the applications to the WAPC for rezoning to Urban under the Metropolitan Region Scheme, and the applications to the City for amendment of City of Wanneroo District Planning Scheme No. 2.

It is important that the landowners understand that it is now up to them to take the necessary actions required.  Administration will be available for discussions with the landowners' consultants in the course of their preparation of the applications involved.

Item : Coastal Erosion Committee

1.      Could an update be given on the long term coastal erosion committee as to when it will be announced and its members?

Response from Director Infrastructure

The community representatives have been selected and information packages are being sent out to them.  The first meeting is intended to be in July this year to look at the brief for the consultancy for the long term coastal treatment.

2.      On the City's website it is listed as an active committee however the four Coastal councillors are no longer listed as being part of the committee, is this correct?

Response from Director Infrastructure

The Mayor and the three Coastal councillors are all part of the committee, an email has been sent to them advising of the result of the input from the community and for them to indicate preferred times for meetings.

3.      Do we have an update on the expected end date of the foreshore works?

Response from Director Infrastructure

It is understood this will be the end of June at this stage.

4.      In regards to storm damage last weekend, did the City investigate or carry out any repairs due to sand blowing and barriers being down?

Response from Director Infrastructure

The Coastal Project Manager was there on Saturday afternoon with the contractors,  most of our concerns related to what was happening on the coast.  I inspected the site on Sunday.  We also had our afterhours officer get engaged in cleaning up most of the sand on the road cleared on the road.  The barriers that I noticed laying down on their side were still providing sufficient protection without being put upright. 

5.      I received quite a few photographs over the weekend from 10 different people and every single photo had people standing on the other side of those barriers.

Response from Deputy Mayor Cr Newton

Taken as a statement.

6.      In response to the storm damage I notice that the City's response was to put a traffic hazard sign on Ocean Drive at approximately 5.30pm Saturday night.  Being that it was acknowledged as a traffic hazard, it was until about 10.30-11.00pm yesterday that the hazard was cleared.  Is that acceptable?

Response from Director Infrastructure

The officer on call was requested to get the road sweeper in on the Sunday however not sure whether the road sweeper would have made a great deal of difference because in the end skid seal loaders to remove the amount of build up sand from the strong winds.

7.      So if another storms happens on a weekend is there a procedure in place to rectify a sand hazard immediately as the kerbs, speed humps, middle island were not visible?

Response from Director Infrastructure

Yes this will certainly by the case.

8.      Is there any assistance available in cleaning up private properties due to the sand being in window tracks and on balconies?

Response from Director Infrastructure

Normal process is to contact the City who shall follow up.

Item : Quinns Caravan Park

9.      To my knowledge there is only one resident left in the Quinns Caravan Park, does Council still intend to clear land for the five duplex accommodation units and could we please have an update on the proposed plan for the caravan park?

Response from Director City Businesses

A report will be going to the next council meeting.

Item : Gumblossom Oval

10.    Is there anything the City can do to relieve the congestion and danger caused by weekend sport activities held in Gumblossom Oval, is it possible to get the mobile sign trailer to redirect parking to either the Gumblossom Hall or the Medical Centre particularly on Sundays?

Response from Deputy Mayor Cr Newton

Taken on notice.

Further Response from Director City Businesses

The City will look to increase Ranger patrols and examine whether signage is suitable.

Item : Crown Mushrooms

1.      How much longer are the owners of Crown Mushrooms going to hold a 100 acres of subdivision land to ransom.  I hear they have just sold out to Brunnings, a big soil company.  Was it going to happen to us who live next door?

Response from Director Planning and Sustainability

Unaware of landowner's present or future intentions are, however can do our best to investigate and advise.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

PS01-05/14 –Adoption of Local Planning Policy 5:3 East Wanneroo

2.      Can you advise why I did not receive notification of Briefing and tonight's meeting as my next door neighbour did?

Response from Director Planning and Sustainability

Officers give notice to persons of items that are being presented to Council's briefings and meetings that have made submission on proposals.  So if a submission was made on the East Wanneroo Local Planning Policy then letters would have been sent out to all persons who made a submission.  If some landowners did not make a written submissions on the draft policy then they would not of received notification letters.

3.      I sent a submission and proposal approximately two years?

Response from Director Planning and Sustainability

This is the second round of advertising of the local planning policy, so this is the revised draft that was advertised in July 2013.  There was advertising conducted previously as well, the City has only contacted and provided notification of the item going to this Council meeting to those landowners and other interested persons who lodged submissions during the July 2013 advertising period. 

Item : Caravan Parking

There is no place in Wanneroo where you can camp overnight with family and enjoy our bushland.  The closest areas is approximately 80kms north or 85kms south.  When will Wanneroo unlock some of their national parks?

Response from Deputy Mayor Cr Newton

National and regional parks are controlled by State Government.  Kingsway Caravan Park is a tourist park.

Taken on notice.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

PS01-05/14 –Adoption of Local Planning Policy 5:3 East Wanneroo

1.      As a ratepayer would like to know what the City is going to do to speed up the process, acknowledging there are different government bodies involved, so that land can be changed to urban so that it can actually be named as something, at the moment it is nothing and we cannot do anything with it?  Hopefully we can see some action in the current year.

Response from Deputy Mayor Cr Newton

This report will be debated heavily tonight. 

2.      So what Council is going to do to speed up the process will be discussed tonight?

Response from Deputy Mayor Cr Newton

Council is discussing the adoption of the policy tonight.

3.      Nowhere in the policy does it advise what Council will be doing for its ratepayers to speed up the process so we are not staying in limbo for at least another five years?

Response from Deputy Mayor Cr Newton

Council is looking at the policy tonight which will be the first step in doing something.

4.      The first step is to have the land zoned to urban and what exactly is Council going to do to speed that process up considering that in this proposal is not allowing small groups or small areas of land to be developed.  As we stand here tonight there is a small piece of land on the corner of Wanneroo Road and Gnangara Road that is currently being developed.   Yet year after year, decade after decade, nothing is happening to the land east of Wanneroo.   What is Council going to do to speed up this process, so we can move on with our lives?

Response from Deputy Mayor Cr Newton

The question has been answered as much as possible from the Chair, the policy will be debated tonight and from Council's perspective that is the first step in order to bring overall planning to the area.

5.      So I cannot get an answer to the question?

Response from Deputy Mayor Cr Newton

Would have to take on notice however that is the only answer I can give you from the Chair tonight.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

6.      I understand that however my question still stands and will continue to stand in the media and wherever else I can ask it.  We need to know what is going to happen to our lives from this year, we cannot wait any longer, we pay rates and the Wanneroo City Council needs to be supporting us.

Response from Deputy Mayor Cr Newton

Thank you for your comments.

PS01-05/14 –Adoption of Local Planning Policy 5:3 East Wanneroo

1.      After reading the response to a question I put to the Briefing Session, it seems to me that there is no indication here as to who actually changes the zoning of the land.  It states the Western Australian Planning Commission (WAPC) is not responsible for doing the studies required before land is rezoned, the Council is obviously not responsible for rezoning.  What is the actual process for rezoning land and who declares it rezoned?

Response from Deputy Mayor Cr Newton

Could the Director Planning and Sustainability please expand on the Comment on page 7 of the Council Agenda as to how the policy will apply to the rezoning.

Response from Director Planning and Sustainability

The policy is premised on the fact that individual landowners and developers are the proponents and will need to themselves initiate the relevant scheme amendments and carry out further planning to progress future development in East Wanneroo.  The policy sets out the framework for that to occur because no such implementation framework, sequencing or staging is provided for in the East Wanneroo Structure Plan which was prepared by the WAPC.  So it is not the intent of this policy to allocate responsibility to the City or to WAPC to carry out that work for the benefit of other landowners because it is the responsibility of landowners under this policy to do that work themselves. 

The overwhelming response received back from large numbers of landowners during the advertising process of both the first draft and the second draft of this policy was that landowners would want to see the land rezoned to urban or would want to lodge proposals to zone the land to urban under the Metropolitan Regional Scheme because that would then provide sufficient confidence and financial security for them to then either sell their land or to approach their banks for money to invest in the future detailed studies that are required to improve the development potential of this area.  

That is why the policy identifies the first step in the process is to rezone the land to urban.  That needs to be done by individual landowners or landowner groups in accordance with the structure and framework that is set out in the policy.  The precise steps that would need to be followed to progress a Metropolitan Region Scheme Amendment and a Local Scheme Amendment are a bit too lengthy and complex to run through in this meeting however that information is freely available on the WAPC website. 

The proposal to amend a Region Planning Scheme needs to be lodged with the Department of Planning.  It gets dealt with and concluded by WAPC and the Minister and goes through both Houses of Parliament.  The proposal to amend a Local Planning Scheme gets lodged with the City of Wanneroo, then comes before Council and it progresses accordingly. 

The benefit of the policy is that it sets out a clear framework for what the City's position will be at each of those stages, providing that certain prerequisites are met.  Without this policy no such certainty or consistency would exist.

2.      So individual landowners are expected to go through that process to get land rezoned from rural to urban, that Council will not give us any assistance at all apart from adopting this policy? Does Council sit on that policy and wait for individual landowners to struggle through the red tape?  Does Council have any desire to have this land rezoned or not care one way or the other?

Response from Director Planning and Sustainability

In answer to the last comment, it is certainly not the case that Administration does not care; that is why so much time and effort has been invested in preparing the policy and liaising with various agencies and stakeholders in the first instance. 

As to the question about whether individual landowners like Mr & Mrs Manners would have to put their hand in their pocket to fund future studies and carry out additional rezoning and structure plans of the area.  The simple answer is, not likely.  Individual landowners like Mr & Mrs Manner would obviously have that opportunity to do exactly that and to contribute to a larger land syndicate that is probably ultimately going to be responsible for funding all of the work to convert the land to urban.  We are already in contact with land syndicates that have started to form in the northern part and the southern part of the East Wanneroo area and they have indicated a strong willingness to get us many landowners involved in those syndicate groupings as they possibly can for the sake of reducing the cost among all landowners. 

Alternatively if those syndicates do not succeed in getting more landowners involved, the advantage of this particular policy for landowners like Mr & Mrs Manners is that they are not necessarily obliged to contribute.  If they don't want to contribute to those further studies through land syndicates, their properties won't be excluded from the studies because the policy mandates they must be included in future planning irrespective of whether they personally contribute any money to that future planning or not.

Response from Deputy Mayor  Cr Newton

Would like to add that the City is obviously trying to progress this matter and you are speaking to Council and we did suggest last week and suggest again that you also approach the Member for Wanneroo because State Government need to be on board with this as well.

Item : Wyatt Grove Shopping Centre Development

1.      Why were none of our objections or emails responded to, including objections dated 22 January 2013?

Response from Director Planning and Sustainability

Happy to research what correspondence was, if it was a submission on any particular issue and also to investigate why a response was not provided.  If this particular landowner still hasn't received a response, can ensure one is provided.

Response from Deputy Mayor Cr Newton

Taken on notice.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

2.      Why were plans not available to view online and make submissions and objections?

Response from Deputy Mayor Cr Newton

Taken on notice.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

3.      Why were the residents only given two weeks to view plans, given that they had to come into Council offices between the 8-22 January 2013?

Response from Deputy Mayor Cr Newton

Taken on notice.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

4.      Given the residents viewed these plans and made life changing and altering decisions to stay in our homes, why are we now being told that the lots planned on Nicholas Road may not be residential?

Response from Director Planning and Sustainability

I am not aware of any proposal for future lots that are intended to adjoin Ms Beatty's property fronting Nicholas Road to be anything other than residential.  Can certainly investigate and provide some facts as to what exactly is proposed.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

5.      After consultation with the builders, architect and Council Administration, no one will take responsibility for the land levels, flooding, sand and dirt that is consistently being washed onto the footpath at 190 Nicholas Road.  Temporary measures have been taken to stop the flooding but are not working given that the site is to be opened in one week, what guarantee can Council give us that there will be no future occupational health and safety issues and flooding to the road and properties adjoining this?

Response from Director Planning and Sustainability

In relation to the first question, it is the landowner's responsibility not Council to contain any stormwater runoff, sand drift etc. onto their property.  If any complaints are received they will be acted upon by City Administration in order to achieve compliance with those landowner obligations. 

As to the second question as to whether the City can provide any guarantee for the actions of the third party, no.  From Administration's perspective the City can't guarantee that any third party whether it is the builder, landowner, any of its contractors or consultants, would or wouldn't do certain things. That is beyond the City's ambit to control.

6.      When we met with Administration on 5 May we asked and filled out a statutory declaration for the adjoining landowner's details and were given outdated information so to date no one has provided us with information of the adjacent landowner?

Response from Deputy Mayor Cr Newton

Taken on notice.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

7.      Given the development of the Wyatt Grove Shopping Centre, why was it necessary to build a boundary wall all the way from Gungurru Avenue to Nicholas Road if the lots on Nicholas Road are to be residential?

Response from Director Planning and Sustainability

It may have been to do with the zoning of the land under the relevant Structure Plan.  Can find out more particulars when that application was assessed and determined to establish why that was actually the case.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

8.      Why was the wall planned and allowed to be built using cheap ugly masonry bricks given the suburbs visual appeal of limestone retaining walls?  Would it not have been better for the Wyatt Grove Shopping Centre to blend in rather with the community as opposed to standing out like the visual eyesore it is, given the monstrosity of the development?

Response from Deputy Mayor Cr Newton

This question would be addressed in your previous question.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

9.      When is the approval going to be shown to the residents for the amendments of the wall given the serious security issues?

Response from Director Planning and Sustainability

The Manager Planning spoke with the architect this morning to actually obtain those details as to how the lip on the retaining wall could be addressed to address the security concerns of nearby residents.  To the best of my knowledge we still have not received anything.  As soon as it is available it will definitely be shared with affected landowners.

10.    Given that the shopping centre is due to be open in one week's time and the security fencing taken away, when is the expected outcome of this?

Response from Director Planning and Sustainability

That timing depends on the landowner and developer as to how quickly they  can mobilise, submit plans, have them agreed to by the adjacent landowners and the City be satisfied they address those security concerns to avoid the lip being a foothold for persons from the commercial property to look into or to enter the adjacent residential properties.  Not sure of timing however it is not a current requirement of the planning approval and as a consequence the City cannot lawfully prevent the opening or occupancy of that shopping centre in the absence of this issue being addressed.

11.    Given that we objected to the boundary wall what guarantee can we have now that our lives are not in danger due to approval being given to these walls with these serious security issues on them

Response from Deputy Mayor Cr Newton

Taken on notice.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

12.    What traffic management considerations are in place for this development considering the congestion that is already occurring on Nicholas Road due to the Hocking Primary School?

Response from Director Planning and Sustainability

Whenever there is construction traffic that's going to be impeding normal traffic flows or impacting on adjacent road verges, a Traffic Management Plan is required by the City, submitted by the proponent for approval and it is the contractors' responsibility to ensure compliance with that plan.  The City does monitor those traffic management plans from time to time, particularly if we receive any complaints.  In this instance, unable to advise if a traffic management plan was prepared and do not know what impacts the construction had on the adjacent streets and whether or not they needed to carry on any activities within the road or the verge itself.

Deputy Mayor Cr Newton requested Ms Beatty to table the remainder of her questions in writing, which are as follows:

13.    "Why have the plans been altered so drastically without residents consultations?  Nicholas Road was to have no access to the Wyatt Grove Shopping Centre however major changes now have 2 access points to the loading dock and car park on Nicholas Road without consultation."

Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

14.    "Why were dust suppression methods not adhered to by the site considering how many complaints were made to councils administration?  Why do council administration staff feel they can call rate payers and residents liars for trying to bring issues to Council attention?"

Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

15.    "Why were residents not consulted with regards to a footpath that Woolworth required to be developed along the whole boundary of the development including the residential lots on Nicholas Road that were not on original or subsequent plans?  The footpath at present just stops and does not connect with the road along Nicholas Road causing serious OH&S issues."

Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

16.    "What measures will be put in place to stop people and vehicles headlights from the carpark looking into residents bedrooms and bathrooms?"

Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

17.    "What preventative measures will be put in place to stop shopping trolleys from being littered in the neighbourhood and or thrown onto residents homes from the carpark?"

Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

18.    "Why are there plans to have residential properties on Nicholas Road with rear street access, making them drive into Wyatt Grove Shopping Centre to access their properties.  This style of home does not suit the community of Hocking and will cause further hazards as the residential properties access will also be the Woolworths loading dock which is not wide enough for a truck and motor vehicle to pass at the same time."

Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

PS01-05/14 –Adoption of Local Planning Policy 5:3 East Wanneroo

1.      In regard to the Director Planning and Sustainability's reply to Mr Manners when he advised of the process that landowners have to follow.  These processes have been done initially to my knowledge at least 25 years ago because I remember seeing plans for my block and the Manners' block in the Wanneroo Shopping Centre which actually outlined 107 Belgrade Road which was Lot 29 at that time as a school.  Now to my knowledge I was never as a landowner asked whether or not I wanted that land to be urbanised as at that time none of us did.  We caved in after 25 years of hearing about how this place was going to be made urban and it never happened. 

         All the processes that Director Planning and Sustainability was advising of have actually all been done recently through a syndicate under the name of Brett (sorry do not have his last name) and we know that has already been submitted to Council. 

2.      The question recorded at the 20 May 2014 Council Briefing Session is not correct.  The response does not answer the question asked which was taken on notice.  The first line of the response includes the word 'significant' when I asked how many.  Significant, does that mean 10 or 20 or 50 and would appreciate clarification.  I ask also how many reiterations of local planning policies have been done, I did not ask anything about a State Government process or a comment or a policy, I asked only about local. 

         The response to my question to this Council, of which I have been a ratepayer for 35 years, I found insulting.  So I ask once again for an accurate, researched and honest response to my question of last week and for the sake of accuracy I can provide it in writing.

         The first point I asked, is how many local planning policies (not State), how many draft plans, how many frameworks, how many applications to other agencies, how many requests for submissions from stakeholders, how many requests for public meetings have been held since 1981?

         So a year by year response would have been a responsible reply but a collective number for each of those plans since 1981 would be acceptable.

Response from Deputy Mayor Cr Newton

Thank you for your offer of submitting your questions in writing, they will need to be taken on notice again as research will need to be done.

3.      Yes research is the word I am looking for, the Director Planning and Sustainability mentioned it tonight and hopefully it will be research for me this time.

Further Response from Director Planning and Sustainability

Being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 24 June 2014.

Item : Crown Reserves

The relinquishment of management orders for Crown Reserves was on the Council Agenda for 1 April 2014 and one of these was a parcel of land on Wanneroo Road which was zoned for camping.  Can you please advise how many more parcels of land like this exist in the City of Wanneroo because if the residents don't know about it we cannot use them for camping therefore they will be given up.

Response from Deputy Mayor Cr Newton

Taken on notice.

Further Response from Director City Businesses

This issue is being examined further and the City will provide a response directly to Ms Zangalli when available.

Moved Cr Nguyen, Seconded Cr Zappa

That the minutes of the Ordinary Council Meeting held on 29 April 2014 be confirmed.

Carried Unanimously

1.      In relation to the public question concerning Crown Mushrooms which currently has non conforming rights over the property.  For clarification, if the business is sold the non confirming rights go with the purpose for which it is used does it not?  What is specified in terms of the non confirming rights and when do they cease to exist legally over that land?

Response by Director Planning and Sustainability

I am unable to confirm whether this property has non confirming use rights for the purpose of the mushroom farm given that it is a legitimate rural use in a rural area.  If non conforming use rights do exist then the Scheme prescribes certain criteria that automatically extinguish the non confirming use rights, that could include if more than three quarters of the property is demolished or burnt or if the land use discontinues continuously for a period of six months or more.  From memory, that particular mushroom farm is a bona fide rural use in the rural area.

If the business is sold and it has a valid approval, that approval to operate will run with the land. In the case where a business or activity has non-conforming use rights, then that right continues to be in effect, despite any change in ownership.

2.      I am aware that originally they were given non confirming rights and it was my view that they were so in place so could this be investigated and I am ill informed if it has changed?

Further Response by Director Planning and Sustainability

Intensive Agriculture is listed as a 'P' (Permitted) use in the General Rural zone under District Planning Scheme No. 2. In accordance with clause 6.6 of District Planning Scheme No. 2, "...the Council shall not refuse the application by reason of the unsuitability of that use..."

Council records show that the use of the property has a valid approval for the mushroom farm and based on the zoning of the land, non-conforming use rights are not needed for the use to continue legitimately.  If, however, the land was rezoned to 'Urban' under the Metropolitan Region Scheme and 'Residential' under the City's District Planning Scheme No. 2, then the approved use would be listed as 'X' (Prohibited) and would then attract non-conforming use rights to continue operating in accordance with Part 7 of District Planning Scheme No.2.

Cr Hewer presented a petition of 53 signatories requesting that traffic lights be installed at the intersection of Joondalup Drive and Cheriton Drive, Carramar.

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

Cr Zappa presented a petition of 45 signatories requesting Hardcastle Park, Lot 3000 Hardcastle Avenue, Landsdale, be included on the City's Passive Park 10 Year Capital Works Program.

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

Cr Guise presented a petition with 15 signatures from the residents of Hocking against the design, visual appearance and security of the western boundary wall that has been erected for the Wyatt Grove Shopping Centre in Hocking and offer two solutions.

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

Cr Cvitan presented a petition with 256 signatories all residing in the Lakelands Leisure Village area requesting extra lighting and reduction of speed limit on Sydney Road leading to and from the approach to Lakelands Leisure Village and Lakelands Drive due to the vast increase in traffic that is now using Sydney Road both during the day and at night making entering and exiting more dangerous.

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

File Ref:                                               2079 – 14/100053

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       7         

Moved Cr Guise, Seconded Cr Cvitan

That Council:-

1.      NOTES the submissions received as summarised in Attachment 2. in respect to modified draft Local Planning Policy 5.3: East Wanneroo, ENDORSES Administration's responses to those submissions and ADVISES submitters of its decision;

2.      NOTES and ENDORSES Administration's recommended modifications in respect to modified draft Local Planning Policy 5.3: East Wanneroo included in Attachments 2 and 4;

3.      Pursuant to subclause 8.11.3.1(c) of District Planning Scheme No. 2 ADOPTS the modified Local Planning Policy 5.3: East Wanneroo included as Attachment 5;

4.      Subject to 3. and pursuant to subclauses 8.11.3.1(d) and 8.11.3.1(e) of District Planning Scheme No. 2 PUBLISHES notice of its final adoption of Local Planning Policy 5.3: East Wanneroo once in the Wanneroo Times, North Coast Times and Sun City newspapers and FORWARDS a copy of the Policy to the Western Australian Planning Commission for its information;

5.      FORWARDS a copy of the adopted Local Planning Policy 5.3: East Wanneroo to the landowners of all properties affected by that policy;

6.      NOTES that Council adoption of Local Planning Policy 5.3: East Wanneroo supersedes the following interim position established by Council resolution of 11 December 2007 (item PD01-12/07) and reaffirmed by Council at its meeting on 5 April 2011 (Item PS09-04/11):

         "1.     ENDORSES the process shown in Attachment No. 5 prepared by Administration to progress planning of the area east of the existing East Wanneroo urban areas.

         2.       NOTES that Administration will proceed to undertake further detailed local planning of the rural areas north of Flynn Drive, with a view of this providing a basis for the preparation of a final Local Rural Strategy for the City, which will be subject of a budget submission to Council in due course and this work will need to dove-tail with related elements of the Gnangara Sustainability Strategy study.

         3.       DETERMINES that it will not support any independent planning proposals, including rezoning proposals associated with rural small lot subdivision, which may be viewed as premature in relation to the planning process adopted under 1 above, and the further detailed local planning to be undertaken under 2 above.

         4.       REQUIRES the Director Planning and Development, in regard to any planning proposal within the Study Area defined in Figure 1 of the August 2007 report titled "The Future of East Wanneroo":

                   (a)     only to accept the proposal for consideration by Council if the Director is satisfied that the proposal is not premature having regard to the stage reached in the planning processes generally for this area and particularly having regard to the process referred to in 1 and 2 above; but provided that:

                            (i)      this requirement is not intended to inhibit the processing by the WAPC of any application for subdivision approval in proper form, and is not intended to inhibit the processing by the City of an application for approval to commence development in proper form.  Such applications should be considered on their individual merit, which would still include amongst other things, consideration of whether approval of the proposal at that time would:

·    be desirable from a planning point of view having regard to the status of the planning processes referred to in 1 and 2 above;

·    be consistent with the principles of orderly and proper planning; and

·    impact on the amenity of the locality in the short, medium and long term.

                   (b)     to reject the proposal if it incorporates a Structure Plan which has not been required by the Council pursuant to clause 9.1.1 of District Planning Scheme No. 2."

7.      PURSUANT to clause 8.11.3.1(a) of District Planning Scheme No. 2 ADOPTS the revised Local Planning Policy 4.9: Subdivision of Rural Zoned Land as contained in Attachment 7 for the purpose of advertising, and ADVERTISES it for public comment for a period of 21 days by way of:

         a)       Advertisements in the Wanneroo Times, North Coast Times and Sun City News newspapers for two consecutive editions; 

         b)      Display at the City's Civic Centre Building, City Libraries and on the City's website;

         c)       Notice in writing to the landowners of all properties affected by the existing and proposed (draft) Local Planning Policy 4.9.

Moved Cr Cvitan, Seconded Cr Zappa

That Cr Guise be granted an extension of time to speak.       CARRIED UNANIMOUSLY

Moved Cr Treby, Seconded Cr Zappa

That Clause 5.8 Standing Orders be suspended.                    CARRIED UNANIMOUSLY

Moved Cr Winton, Seconded Cr Aitken

That Standing Orders be resumed.                                            CARRIED UNANIMOUSLY

The motion was put and                                                              CARRIED UNANIMOUSLY

File Ref:                                               8059 – 14/88587

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       7         

Moved Cr Nguyen, Seconded Cr Cvitan

That Council:-

1.      NOTES the summary of submissions received in respect of Amendment No. 128 to District Planning Scheme No. 2 contained in Attachment 4, ENDORSES Administration's comments and recommendations contained therein, FORWARDS that Attachment to the Western Australian Planning Commission for its consideration in respect of Amendment No. 128 and ADVISES submitters of its decision;

2.      Pursuant to Town Planning Regulation 17(2)(a) ADOPTS Amendment No. 128 to District Planning Scheme No. 2, as advertised for public comment and set out in Attachments 2 and 3 and RECOMMENDS the following modifications to the Western Australian Planning Commission and Minister for Planning:

a)      The Amendment applying a Special Use Zone to the subject lots with corresponding provisions and land use permissibility as depicted in Attachments 5 and 6, in lieu of the Centre Zone originally proposed by the Amendment.

3.      Pursuant to Town Planning Regulations 22 and 25 AUTHORISES the affixing of the common seal to, and endorses the signing of, the Amendment No. 128 documentation by the Mayor and Chief Executive Officer;

4.      FORWARDS the Amendment No. 128 documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning grant final approval to the Amendment, subject to the modifications listed in 2. Above;  and

5.      NOTES that if Amendment No. 128 to District Planning Scheme No. 2 is modified and adopted by the Minister for Planning in accordance with 2. above, Draft Centre Structure Plan No. 85 submitted by Planning Solutions, will no longer be proceeded with and Administration will carry out the necessary actions under District Planning Scheme No. 2 to abandon that proposal, with any fees already paid by the applicant and not expended by the City being refunded in accordance with Part 7 of the Planning and Development Regulations 2009, to the satisfaction of the Director Planning and Sustainability.

Carried Unanimously

NO

STREET/
LOCALITY

PARTICULARS
OF LAND

SPECIAL USE AND CONDITIONS (WHERE APPLICABLE)

2- 4

33 - 39 Prindiville Drive, 4 – 6 Irwin Road, Wangara

Lots 4, 5, 888, 897 and 898

Land use as per Commercial Zone with the following exceptions:

'P' Uses

Bakery, Market (Retail), Warehouse.

'D' Uses

Education Establishment, Hardware Store, Industry – Light, Mast or Antenna, Office, Open Air Display, Plant Nursery

'X' Uses

Aged or Dependent Persons’ Dwelling, Ancillary Accommodation, Bed & Breakfast, Caretaker’s Dwelling, Cinema, Cinema Complex, Civic Building, Club (Non-Residential), Corner Store, Department Store, Display Home Centre, Grouped Dwelling, Hall, Home Business – Cat 1, Home Business – Cat 2, Home Business – Cat 3, Hospital, Hotel,  Kindergarten, Motel, Multiple Dwelling, Night Club, Nursing Home, Place of Assembly, Place of Worship, Private Recreation, Public Exhibition Facility, Reception Centre, Recreation Centre, Residential Building, Retirement Village, Road House, Service Station, Single House, Stall – General, Theatre, Vehicle Sales/Hire Premises, Veterinary Consulting Rooms, Veterinary Hospital.

Conditions:

A detailed area plan, over all lots subject to the special use zone, is to be approved by the City prior to the any further development on the site with all development to be in accordance with endorsed Detailed Area Plan. The Detailed area plan shall address the following:

-        Parking and access;

-        Loading and unloading;

-        Urban design principles including interface with Prindiville Drive;

File Ref:                                               2292 – 13/206905

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Parker, Seconded Cr Aitken

That Council:-

1.      NOTES Administration's report on the Wanneroo Business Association's activities for 2012/13;

2.      NOTES the favourable outcome of the Auditor's report of the Wanneroo Business Association's Annual Financial Statements for 2012/13;

3.      ENDORSES the Wanneroo Business Association's Strategic Business Plan for 2013/14 to 2016/17 included as Attachment 1;

4.      DETERMINES that:

a)      future City of Wanneroo funding of the Wanneroo Business Association (WBA) to 2016/17 will be conditional on the WBA's satisfactory annual performance against the key performance indicators referenced on page 11 of the WBA's Strategic Business Plan included as Attachment 1;  and

b)      future funding of WBA operations will be limited to $15,000 in 2014/15, $10,000 in 2015/16 and $5,000 in 2016/17.

5.      NOTES that City of Wanneroo financial support of the WBA's operations will not be required after the 2016/17 financial year;

6.      APPROVES the payment of $25,000 to the Wanneroo Business Association for the 2013/14 financial year less $9,354.54 (Excl GST) already paid for services received; and

7.      ADVISES the Wanneroo Business Association of Council's decision.

Carried Unanimously

File Ref:                                               4259 – 13/204622

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.      NOTES the outcomes of the 2012/2013 Service Delivery Plan for the Small Business Centre (North West Metro) Inc.;

2.      NOTES the City of Joondalup has not provided funding to the Small Business Centre (North West Metro) Inc. consistent with its decision of 20 November 2012;

3.      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 2013 to 30 June 2014 to the value of $146,877 (excluding GST);

4.      NOTES the Annual Report of the Small Business Centre (North West Metro) Inc. for 2012/2013, included as Attachment 3,  and Auditor's Report included as Attachment 4;

5.      ENDORSES the 2013/2014 Operational Plan for the Small Business Centre (North West Metro) Inc. included as Attachment 5;

6.      APPROVES the extension of the existing three year funding agreement for one year to only include the 2013/14 financial year;

7.      NOTES that a State Government review of all Small Business Centres has resulted in the Small Business Centre (North West Metro) Inc. obtaining funding for the 2014/15 financial year and subject to an open market process may secure a further three years of funding;

8.      RESOLVES to separately consider future City of Wanneroo funding support for the Small Business Centre (North West Metro) Inc., once a decision has been made by the Small Business Development Corporation in respect of its future funding of the Small Business Centre (North West Metro) Inc.;

9.      APPROVES the payment of $60,000 (excluding GST) to the Small Business Centre (North West Metro) Inc for 2013/2014 to support small business growth and development within the City of Wanneroo;  and

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

Amendment

Moved Cr Parker, Seconded Cr Aitken

Amend the existing recommendation 9 as follows:

9.      APPROVES the payment of $60,000 $31,800 (excluding GST) to the Small Business Centre (North West Metro) Inc for 2013/2014 to support small business growth and development within the City of Wanneroo and NOTES that the funding equates to the 53% proportionate benefit received by the City of Wanneroo business community, and that no further funding from the City of Wanneroo will be available to the SBC in the current financial year; and

CARRIED UNANIMOUSLY

Substantive Motion as Amended

That Council:-

1.      NOTES the outcomes of the 2012/2013 Service Delivery Plan for the Small Business Centre (North West Metro) Inc.;

2.      NOTES the City of Joondalup has not provided funding to the Small Business Centre (North West Metro) Inc. consistent with its decision of 20 November 2012;

3.      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 2013 to 30 June 2014 to the value of $146,877 (excluding GST);

4.      NOTES the Annual Report of the Small Business Centre (North West Metro) Inc. for 2012/2013, included as Attachment 3,  and Auditor's Report included as Attachment 4;

5.      ENDORSES the 2013/2014 Operational Plan for the Small Business Centre (North West Metro) Inc. included as Attachment 5;

6.      APPROVES the extension of the existing three year funding agreement for one year to only include the 2013/14 financial year;

7.      NOTES that a State Government review of all Small Business Centres has resulted in the Small Business Centre (North West Metro) Inc. obtaining funding for the 2014/15 financial year and subject to an open market process may secure a further three years of funding;

8.      RESOLVES to separately consider future City of Wanneroo funding support for the Small Business Centre (North West Metro) Inc., once a decision has been made by the Small Business Development Corporation in respect of its future funding of the Small Business Centre (North West Metro) Inc.;

9.      APPROVES the payment of $31,800 (excluding GST) to the Small Business Centre (North West Metro) Inc for 2013/2014 to support small business growth and development within the City of Wanneroo and NOTES that the funding equates to the 53% proportionate benefit received by the City of Wanneroo business community, and that no further funding from the City of Wanneroo will be available to the SBC in the current financial year; and

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

That the substantive motion was put as amended and

                                                                  CARRIED UNANIMOUSLY

File Ref:                                               3120V03 – 14/20760

Responsible Officer:                            Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Hewer, Seconded Cr Aitken

That Council:-

1.      NOTES the responses received from the Minister for Transport (as shown in Attachment 1) and Main Roads (as shown in Attachment 2) in relation to the installation of traffic signals at the intersection of Marmion Avenue, Lagoon Drive and Peony Boulevard, Yanchep;

2.      NOTES the response received from Main Roads (as shown in Attachment 3) regarding the creation of a reduced speed zone in and around Yanchep District High School and the intersection of Marmion Avenue, Lagoon Drive and Peony Boulevard, Yanchep;

3.      NOTES that an application has been made to the Children's Crossing and Road Safety Committee for two children's crossings in and around the intersection of Marmion Avenue, Lagoon Drive and Peony Boulevard, Yanchep and that Administration is continuing to work with the Yanchep District High School to secure these crossings;

4.      NOTES the key outcomes of the Road Safety Audit, traffic survey and modelling undertaken for the intersection of Marmion Avenue, Lagoon Drive and Peony Boulevard, Yanchep, as presented in this report;

5.      NOTES that $500,000 has been listed for Council's consideration in the Draft 2014/15 – 2023/24 10 year Capital Works Program for signalisation of the Marmion Avenue, Lagoon Drive and Peony Boulevard intersection at Yanchep and SUPPORTS signalisation of this intersection, subject to funds being available to proceed with this project in the 10 year Capital Works Program;  and

6.      INVITES Yanchep Beach Estate Pty Ltd to consider making a financial contribution to the City for signalisation of this intersection.

Carried Unanimously

File Ref:                                               3374 – 14/78854

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Guise, Seconded Cr Aitken

That Council:

1.      ENDORSES the following hydrozone concept plans:

·        Anthony Waring Park, Clarkson - Drawing No. 2890-01-0 (Attachment 1),

·        Hudson Park, Girrawheen - Drawing No 2969-01-0 (Attachment 2),

·        John Moloney Park, Marangaroo - Drawing No 2968-01-0 (Attachment 3),

·        Scenic Park, Wanneroo - Drawing No 2979-01-0 (Attachment 4); and

2.      NOTES that the upgrading of the existing irrigation systems at these parks in accordance with the hydrozone concept plans will be listed for consideration in the draft 2014/2015 Irrigation Infrastructure Replacement Program.

Carried Unanimously

File Ref:                                               3505 – 13/238778

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Guise, Seconded Cr Aitken

That Council:-

1.      NOTES in relation to the upgrade of the Brazier Road Beach Access, Yanchep (PR-2005)

(a)      The result of community consultation (including the Public Information Session);

(b)      Advice received from the Department of Aboriginal Affairs noting that it has assessed the Aboriginal Heritage Survey Report and that a Section 18 application is not warranted;

(c)      Design changes required to integrate the Beach Access path with a proposed Fire Access Track adjacent to the rear of 13 properties backing onto the Foreshore Reserve at Brazier Road due to their vulnerability to fire;

(d)      Development Approval has been issued by the Western Australian Planning Commission however, realignment of the path will require a revised application to be made;

(e)      Clearing Permit has been issued by the Department of Environment Regulation however, realignment of the path will require a revised application to be made; and

2.      REQUESTS Administration to submit amended applications for the Development Approval (Ref: 30-50307-1) through the Western Australian Planning Commission and Clearing Permit (No: 5710/1) through the Department of Environment Regulation for the revised Brazier Road Beach Access Concept Plan (Drawing No 2553-01-2) as shown on Attachment 3;                                   

3.      AUTHORISES Administration to proceed with procurement for construction upon receipt of a revised Development Approval from the Western Australian Planning Commission and a Clearing Permit from the Department of Environment Regulation; and

4.      LISTS for consideration in the draft 2014/2015 Capital Works Program sufficient funding to accommodate the construction of a Bushfire Access Track to the rear of Lots 300 and 119-131 Brazier Road, noting that the final design, documentation and cost estimate will be available for consideration at Budget Workshop No 3.

Carried Unanimously

File Ref:                                               4428 – 14/100342

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Aitken

That Council:

1.      RECEIVES this report on the revised development program for the provision of the Yanchep Surf Life Saving Club and Public Amenities Building; and

2.      NOTES that Administration will submit a further report to Council for consideration of the draft Coastal Hazard Risk Management and Adaptation Plan for the Yanchep Surf Life Saving Club and Public Amenities Facility.

Carried Unanimously

File Ref:                                               10949 – 14/108100

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Aitken

That Council:

1.       ACCEPTS Tender No 01402 submitted by Ertech Pty Ltd for the Construction of Brazier Road Stage 2, Yanchep Kiosk to the existing Brazier Road, Yanchep, for the fixed lump sum price of $2,115,765, in accordance with the terms and conditions specified in the tender document;

2.      NOTES that the Public Information Session held on 5 March 2014 did not raise any issues that would have a direct impact on the design as approved; and

3.      LISTS an additional amount of $40,000 for Stage 2 works associated with the realignment of Brazier Road in the City's draft 10-Year Capital Works Program – Roads (2014/2015).

Carried Unanimously

File Ref:                                               3120V03 – 12/110907

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Guise, Seconded Cr Aitken

That Council:-

1.      ENDORSES the proposal for developing an on-site car park at Perry's Paddock, within the Yellgonga Regional Park and the associated modifications to Ocean Reef Road to accommodate safe access to this facility;

2.      WRITES to the Department of Parks and Wildlife requesting the early construction of a 15 bay car park for Perry's Paddock in Yellagonga Regional Park and the associated modifications to Ocean Reef Road to accommodate safe access to the facility and

3.      NOTES that a proposal relating to modifications to the median of Ocean Reef Road will be developed, subject to the response from the Department of Parks and Wildlife.

Carried Unanimously

File Ref:                                               10667 – 14/122921

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Parker, Seconded Cr Guise

That Council ADOPTS the Community Gardens Policy as documented in Attachment 1.

Carried by Absolute Majority

11/0

File Ref:                                               12349 – 14/128233

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Parker, Seconded Cr Guise

That Council:

1.      APPROVES the use of Wanneroo Showgrounds, Wanneroo to host the Australasian Safari from 15 September to 20 September 2014 subject to the event receiving all necessary statutory and legislative approvals.

2.      APPROVES the use of Wanneroo Showgrounds as a temporary camping site from 17 to 20 September 2014;

3.      APPROVES sponsorship of the 2014 Australasian Safari to the value of $10,000 to be made available from GL 7176129399245 – Promote Council Image to be paid in arrears and subject to all sponsorship benefits being delivered by Australasian Safari as outlined in the sponsorship proposal.

4.      APPROVES the landing of helicopters at Wanneroo Showgrounds within the dates specified for this event.

5.      WAIVES Caravan and Camping fees, Building Approval fees, and Trading in Public Places fees to the value of $654 to be made available from GL 7176129399245; and

6.      APPROVES two licensed areas within the event for the sale and consumption of alcohol.

Carried Unanimously

File Ref:                                               1497 – 14/105783

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.      NOTES that the amount of $15,000 for the provision of a 3 on 3 basketball court at Belvoir Park has been listed for consideration within the draft 2014/15 10 Year Capital Works Program;

2.      NOTES  that Administration is available to assist residents in negotiating access to existing Department of Education basketball court facilities in the area; and

3.      AUTHORISES the Director Community Development to inform the petition organiser of Council's resolutions regarding petition PT01-04/14.

Carried Unanimously

File Ref:                                               1524 – 14/92984

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Treby, Seconded Cr Truong

That Council:-

1.   APPROVES the Terms of Reference for the South Ward Community Reference and Sporting User Group as detailed in Attachment 1;

2.   APPOINTS BY ABSOLUTE MAJORITY the Mayor and the South Ward Councillors to the South Ward Community Reference and Sporting User Group;

3.   AUTHORISES a maximum of one (1) representative from each suburb within the South Ward, for a total of seven (7) representative, and a maximum of seven representatives (7) from Sporting User Groups located within the South Ward; and

4.   NOTES an Expression of Interest will be conducted seeking representation from community members and Sporting User Groups.

carried

10/1

For the motion:           Cr Cvitan, Cr Guise, Cr Hewer, Deputy Mayor Cr Newton, Cr Nguyen,
Cr Parker, Cr Treby, Cr Truong, Cr Winton and Cr Zappa

Against the motion:    Cr Aitken

File Ref:                                               12910 – 14/21182

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Parker, Seconded Cr Guise

The Community Funding Working Party recommends that Council:-

1.      APPROVES $1,596.00 to i60 Community Services via Community Development Funding for the Friend in Need Client Development Project from 1 July 2014 to 31 October 2014 SUBJECT to a renewed certificate of public liability insurance;

2.      APPROVES $500.00 to the Pastel Society of WA via Community Event funding for the Art Exhibition on 10 October 2014 SUBJECT to a renewed certificate of public liability insurance;

3.      APPROVES $500.00 to the Badminton Association of WA via Community Event funding for the 2014 State Badminton Championships on 1 June 3 June 2014;

4.      APPROVES $641.52 to East Wanneroo Primary School P & C via Community Event funding for the Canberra Trip 1 November to 3 November 2014 SUBJECT to a renewed certificate of public liability insurance;

5.      APPROVES $3,000.00 to Spring in the Grove via Community Event funding for the 2014 Spring in the Grove event on 2 November 2014 SUBJECT to a renewed certificate of public liability insurance;APPROVES $691.37 to the Quinns Calisthenics Club via Community Event funding for the Free Family Fun Event on 31 January 2015 SUBJECT to a renewed certificate of public liability insurance;

6.      APPROVES $1,000.00 to The Uniting Church in Australia (WA) via Community Event funding for the Carramar Community Carols on 12 December 2014 SUBJECT to a current certificate of public liability insurance and other paperwork being provided to the satisfaction of the Director Community Development;

7.      APPROVES $796.80 to the Landsdale Wesleyan Methodist Church via Community Event funding for the Landsdale Community Carols in the Park on 12 December 2014 SUBJECT to a renewed certificate of public liability insurance;

8.      APPROVES $1,000.00 to Quinns Beach Primary School P & C via Community Event funding for the Christmas Carols in the Park event on 12 December 2014 SUBJECT to a renewed certificate of public liability insurance; and

9.      APPROVES $2,189.00 to The Trustee for the Salvation Army (WA) Property Trust via Community Event funding for the Merriwa Carols on 12 December 2014 SUBJECT to a renewed certificate of public liability insurance.

Carried Unanimously

File Ref:                                               1859 – 14/119872

Responsible Officer:                            Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Cvitan

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