Minutes
Unconfirmed
Ordinary Council Meeting
7:00pm, 24 June, 2014
Civic Centre,
Dundebar Rd, Wanneroo
Recording of Council Meetings Policy
Objective
· To ensure that there is a process in place to outline access to the recorded proceedings of Council.
· To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.
Statement
Recording of Proceedings
(1) Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public.
(2) Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.
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(6) Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.
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Unconfirmed Minutes of Ordinary Council Meeting
held on Tuesday 24 June, 2014
CONTENTS
Item 2 Apologies and Leave of Absence
Questions received at the Council meeting 27 May 2014 and taken on notice
PQ06-05/14 Ms P Saligari, Belgrade Road, Wanneroo
PQ07-05/14 Mr L Flood, Ronez Elbow, Merriwa
PQ08-05/14 Ms M Manners, Belgrade Road, Wanneroo
PQ10-05/14 Ms L Beatty, Nicholas Road, Hocking
PQ11-05/14 Ms K Coughlan, Belgrade Road, Wanneroo
PQ12-05/14 Ms N Sangalli, Quinns Road, Quinns Rocks
Questions received at the Council meeting
PQ01-06/14 Ms L Beatty, Nicholas Road, Hocking
PQ02-06/14 Mr L Flood, Ronez Elbow, Merriwa
PQ03-06/14 Mr R Hahn, Verteramo Way, Hocking
PQ04-06/14 Ms N Sangalli, Quinns Road, Quinns Rocks
PQ05-06/14 Ms M Szep, Belhus Court, Tapping
PQ06-06/14 Ms L Beatty, Nicholas Road, Hocking
PQ07-06/14 Ms P Saligari, Belgrade Road, Wanneroo
Item 4 Confirmation of Minutes
OC01-06/14 Minutes of Ordinary Council Meeting held on 27 May 2014
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
CQ01-06/14 Cr Guise – Wyatt Grove Shopping - Crown Mushrooms
CQ02-06/14 Cr Cvitan – Liquor Store Approval, Clarkson
CQ03-06/14 Cr Zappa – Proposed Public Open Space, Lot 3000 Hardcastle Avenue
CQ04-06/14 Cr Hayden – Travel Expenses, Article in The West Australian
CQ05-06/14 Cr Winton – State Planning Policy 2.4
PT01-06/14 Requesting for Extra Car Parking Facilities at Warradale Park, Landsdale
PT03-06/14 Request for Installation of "No Parking" Signs in Leeuwin Lane
PT02-05/14 Request to Include Hardcastle Park on Passive Parks 10 Year Capital Works Program
PT03-05/14 Request for Changes to Wyatt Grove Shopping Centre Western Boundary Wall
PT02-10/11 Rezoning of Pennygum Estate, Mariginiup and Surrounds as a Rural Living Precinct
PS01-06/14 Draft Local Planning Policy 2.7: Extractive Industries
Town Planning Schemes & Structure Plans
PS02-06/14 Adoption of Amendment No. 133 to District Planning Scheme No. 2
PS03-06/14 Proposed Change of Use to Liquor Store at Lot 1061 (2) Captiva Approach, Butler
PS04-06/14 State Proposals for Planning for Bushfire Risk Management
IN01-06/14 PT02-02/14 - Request the Removal of Fig Trees in Russell Road, Madeley
IN02-06/14 Tender No 01419 - Provision of Cleaning Services for a Period of Three Years
IN03-06/14 Quinns Road, Quinns Rocks - Traffic Management Scheme - Community Consultation Results
IN04-06/14 Children's Crossing - Southmead Drive - Landsdale Primary School
IN05-06/14 Proposed Pathway Link - Mindarie Marina to Mindarie Keys and Ocean Keys Shopping Centres
IN06-06/14 PT04-04/14 - Request for Traffic Management Treatments on Tapping Way, Quinns Rocks
IN08-06/14 Bus Shelter Installation Program
Corporate Strategy & Performance
CS01-06/14 Warrant of Payments for the Period to 31 May 2014
CS02-06/14 Financial Activity Statement for the Period Ended 31 May 2014
CS03-06/14 Risk Management Methodology
CS04-06/14 Delegated Authority Register Review
CS05-06/14 Donations to be Considered by Council - June 2014
CS06-06/14 Fraud, Corruption, Bribery and Misconduct Policy
CE01-06/14 Tri-Cities Advocacy Visit to Canberra
MN02-06/14 Cr Domenic Zappa – Fencing along Mirrabooka Avenue adjoining Dorneywood Way, Landsdale
CR01-06/14 Quinns Rocks Caravan Park - Tenure of Residents
CR02-06/14 Naming of Facilities and Recognition of Outstanding Local Community Contributions
Minutes
Please refer to agenda for details of full reports and attachments.
Mayor Roberts declared the meeting open at 7.00pm and read aloud the prayer.
Good evening Councillors, staff, ladies and gentlemen, we acknowledge the Traditional Owners of the land on which we meet and I invite you to bow your head in prayer:
Lord, We ask for your blessing upon our City, our community and our Council. Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty. May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share. We ask this in your name.
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN, JP Central Ward
SABINE WINTON Coastal Ward
BOB SMITHSON Coastal Ward
GLYNIS PARKER Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LINDA AITKEN North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward
DENIS HAYDEN South Ward
HUGH NGUYEN South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
LEN KOSOVA Director, Planning and Sustainability
CHRIS MORRISON Director, City Businesses
DENNIS BLAIR Director, Infrastructure
MICHELLE BRENNAND A/Director, Community Development
JOHN PATON Director, Corporate Strategy & Performance
MUSTAFA YILDIZ Manager Governance & Legal
ROBERT FIGG Manager Communication & Events
MICHAEL PENSON Manager Property Services
ROBYN BEST Minute Officer
Item 2 Apologies and Leave of Absence
Nil
There were 22 registered members of the public and two members of the press in attendance.
Questions received at the Council meeting 27 May 2014 and taken on notice
PQ06-05/14 Ms P Saligari, Belgrade Road, Wanneroo |
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
The City is not in receipt of any current proposals for the site but Administration is aware that it is the intention of the owners to cease manufacturing of compost on site. |
PQ07-05/14 Mr L Flood, Ronez Elbow, Merriwa |
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 Director City Businesses
Apart from the Quinns Rocks Caravan Park which is to undergo a redevelopment process, the City has one area of land under care and control which is zoned for camping. The location is Lot 12300, 1240 Wanneroo Road, Ashby. Reserve 834 and can be viewed on the City's website under the link to "Intra Maps". |
PQ08-05/14 Ms M Manners, Belgrade Road, Wanneroo |
PS01-05/14 –Adoption of Local Planning Policy 5:3 East Wanneroo
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 Director Planning and Sustainability
The East Wanneroo Structure Plan proposed that district structure planning be done as a prerequisite to Urban zoning. District structure planning for this area will involve a wide range of detailed, technical studies, and is expected to be quite costly and time-consuming.
Through Local Planning Policy 5.3, Council is speeding up the process for Urban rezoning by proposing that only limited, high-level planning reports be prepared to support Urban rezoning, with the district structure planning studies to be undertaken following Urban rezoning.
The onus is now on the landowners, through their consultants, to prepare and submit to the Western Australian Planning Commission (WAPC), the applications for Urban rezoning, in the manner set out in LPP 5.3. It should be noted that while a number of applications for Urban rezoning have been submitted to the WAPC by a number of landowner groups over the last year or so, these applications are not in a form which accords with LPP 5.3. The applicants will therefore be expected to collaborate and consolidate their proposals into applications which accord with LPP 5.3. |
PQ10-05/14 Ms L Beatty, Nicholas Road, Hocking |
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
The City has provided a number of responses to various communications and enquiries from the residents at 190 Nicholas Road. Details of any specific correspondence that has not been responded to should be provided to the City so that they can be reviewed and dealt with as appropriate.
2. Why were plans not available to view online and make submissions and objections?
Response from Director Planning and Sustainability
In accordance with the City's District Planning Scheme No.2 (DPS 2), applications can be advertised in a number of different ways.
There is no requirement in DPS 2 for plans to be available on the website. The letter to the neighbours stated that the plans would be available at the City's offices.
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 Director Planning and Sustainability
Plans are made available for viewing during normal business hours, however, viewing outside of business hours can be accommodated if requested and other arrangements can be made to provide documents to interested persons.
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
The Lot is zoned 'commercial' and as per DPS 2, this zoning allows for a number of different land uses, including residential housing.
The Western Australian Planning Commission has granted subdivision approval for individual lots along this road and the applicant has stated that they are intended to be developed for residential housing.
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 Director Planning and Sustainability
Details of the owners (and/or their representatives) will be provided in separate correspondence.
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
The masonry wall was proposed and provided as a buffer between the existing residential development and the development site, albeit that some of the future development will be residential. Masonry walls are not entirely uncommon between residential lots and it is a contemporary building product.
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 Director Planning and Sustainability
The materials used for the wall are contemporary materials used in construction. It is noted that they are similar to other materials used in the construction of the buildings on site.
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 Director Planning and Sustainability
The City cannot provide any guarantee regarding the possible actions of others.
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
Please refer to the City's letter to you dated 13 May 2014 regarding traffic management.
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
Under DPS 2, consultation with adjoining residents is only required if an application is proposing to vary provisions of the DPS 2. An amended development application was approved to include one access point onto Nicholas road. As this access point complied with the provisions of the DPS 2 no advertising was carried out. 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
Administration contacted the builders on site on several occasion requesting that measures be taken to address dust emanating from the site. Whilst the builder did take steps to ameliorate the issue, the dust issue did continue to some extent. It is understood that the issue has now been resolved.
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
The footpath was approved in association with the approval granted for the development of the site. Administration is reviewing this matter and will be investigating the need for some modifications to the footpath so that it connects to the existing footpath on the south side of Nicholas Road and to ensure that it is completed in a safe manner.
16. "What measures will be put in place to stop people and vehicles headlights from the car park looking into residents bedrooms and bathrooms?"
Response from Director Planning and Sustainability
The masonry wall is expected to screen the adjoining residential properties from vehicle headlights and prevent people overlooking the properties.
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 car park?"
Response from Director Planning and Sustainability
This is the responsibility of the shopping centre owner.
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
Residential properties with rear access is an acceptable form of development. Further it reduces the streetscape being punctuated with individual driveways and in this case enables the existing street parking embayment's along Nicholas Road to be retained. The width of the laneway is sufficient for vehicle access and as in all cases, drivers of vehicles need to exercise due care to prevent accidents. |
PQ11-05/14 Ms K Coughlan, Belgrade Road, Wanneroo |
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, research 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 Director Planning and Sustainability
According to the City's records, the number of policies, plans and consultation exercises relating to the East Wanneroo area can be summarised as follows:
Local Planning Policies: 1 Draft plans (State and local): 8 Frameworks: unclear what this is referring to. Applications to other agencies: 5 (if this is referring to applications by consultants on behalf of landowners to the Western Australian Planning Commission for amendment of the Metropolitan Region Scheme). Requests for submissions from stakeholders: 7 (if this is meaning submissions the City has made on the various State government draft plans for this area) Requests for public meetings: unclear if this is meaning requests which have been made to the City for public meetings to be held, or meaning the number of public meetings which have been held. If the latter, public meetings have been arranged by either the City, State agencies, or local Members of Parliament. This makes the number of these meetings difficult to determine. |
PQ12-05/14 Ms N Sangalli, Quinns Road, Quinns Rocks |
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 Director City Businesses
Apart from the Quinns Rocks Caravan Park which is to undergo a redevelopment process, the City has one area of land under care and control which is zoned for parks and recreation. The location is Lot 12300, 1240 Wanneroo Road, Ashby. Reserve 834 and can be viewed on the City's website under the link to "Intra Maps". |
Questions received at the Council meeting
Wyatt Grove Shopping Centre Development
1. Correspondence by the City makes reference to ASP42 of the Hocking Neighbourhood Centre. Can copies be supplied of the site surveys that Council used to approve plans for the commercial centre?
Response by Director, Planning and Sustainability
ASP42 is the Structure Plan for the site and is available on the City's website and covers a broader area. That is separate to site surveys that may have been lodged when the development application was submitted and subsequently approved by Administration. Copies of any site survey accompanying that application can be supplied.
2. What are the Council laws regarding land levels and community consultation as people can see into the adjoining properties bedroom and bathroom windows when standing in the car park of the Wyatt Grove Shopping Centre?
Response by Director, Planning and Sustainability
There is no rule or policy that dictates finished levels of shopping centres or other developments that are non-residential in nature, but which adjoin residential properties. When an application of this nature is assessed by Administration it is expected that existing and proposed levels and any interface issues resulting from proposed levels with adjacent properties will be taken into account.
3. What consideration was given then during this approval process to the current situation where the car park overlooks adjoining properties windows?
Response by Director, Planning and Sustainability
Admittedly, this is not the best possible outcome that could have been achieved and a greater level of attention should have been paid at the assessment and determination stage to address the fill levels and proposed finished levels of the car park as well as the interface with surrounding residential properties. Information is currently being sought from staff in relation to the assessment that was conducted to determine what level of detail and attention was given to these issues. 4. When will residents receive an answer and can this report be viewed?
Response by Director, Planning and Sustainability
Once the information has been received it will be discussed with any interested parties, but at present I cannot give an exact timeframe. There will not be a specific report. However, if the site levels that were approved are now the same as what has been constructed by the developer on that site, there is no means of recourse by the City as the development would be compliant with what was approved.
5. Referring to question 16 asked at the last Council meeting which was "What measures will be put in place to stop people's vehicles headlights from the car park looking into residents' bedrooms and bathrooms". The answer received was "The masonry wall is expected to screen the adjoining residential properties from vehicle headlights and prevent people from overlooking the properties". Since this has not been done, what measures will be put in place to have this rectified?
Response by Director, Planning and Sustainability
Staff are liaising with the developer's architect in terms of potentially adjusting the height of the wall to satisfy adjacent residential landowner's preferences. In addition, the space between the property boundary and the edge of the car park that has been created is a designated landscaping area and that is still to be landscaped by the developer to the City's satisfaction.
6. A petition was raised at the last Council meeting. When will notification of our petition and its progress be received and how long does this process take?
Response by Director, Planning and Sustainability
In the Agenda papers there is an update provided in response to the petition tabled by Cr Guise. A formal response will be provided to the petition convenor.
7. How can residents request this item be included in an Agenda so that a deputation can be sought prior to the Council meeting given that a deputation was denied for this meeting?
Response by Mayor Roberts
Invariably Council would have allowed a deputation, however due to all time slots being full due to having received four deputations for items on the Agenda, you were not afforded that opportunity. It is recommended that if you have further questions that you put them in writing to the Director and if necessary, a meeting can be arranged with the Director of Planning and Sustainability and his staff to discuss the issues further.
8. Given that answers to the public questions asked at the last Council meeting were only received yesterday, leaving little time for preparation and research, can the responses to these questions be given in a timely manner?
Response by Mayor Roberts
Noted and the Director will take that on board. |
Caravan parks and camping grounds
As one of the fastest growing suburban areas with a population in excess of 172,000 residents, the City is under pressure to ensure it achieves the aspirations of the community for a healthy substantial, natural built environment. Can the City provide more caravan and camping grounds in areas that meet the requirements of residents?
Response by Mayor Roberts
The City is currently undertaking renovation work at the Quinns Rocks Caravan Park. Camping is a pastime enjoyed by many residents and the City will endeavour to designate facilities in the right areas whilst keeping in mind the impact on the environment.
|
Wyatt Grove Shopping Centre Development
1. What consideration did Council give to objections by all residents in January 2013 to the Wyatt Grove Shopping Centre and why did residents not get responses to these?
Response by Director, Planning and Sustainability
Question taken on notice.
Further Response by Director, Planning and Sustainability
All submissions were taken into consideration as part of the assessment of the application. A separate response will be provided to you detailing how the submissions were dealt with.
2. When was approval specifically given to raise the natural land level by over 1.8m and what studies did Council undertake to look at the impact on existing residents and land levels?
Response by Mayor Roberts
The Director Planning and Sustainability has answered that
question when responding to
3. Can copies of the planning approvals for Wyatt Grove Shopping Centre in 2012, 2013 and 2014 be supplied?
Response by Director, Planning and Sustainability
Yes.
4. Why has the wall and step not been rectified given the safety concerns raised by residents six weeks ago?
Response by Director, Planning and Sustainability
Staff are still liaising with the developer for that work to be undertaken. |
Foreshore work, Quinns Rocks
1. The first groyne has had rockwork placed on the inside of it, why is this being done?
Response by Director Infrastructure
As part of the coastal protection works, there is a requirement between the groyne and sandbags to do the rock revetment and replace what was originally put in. Also as part of the process, maintenance work is being done to groyne no. 1 and this is nearing completion. Following this, the sand bagging and retaining wall part of the project will continue.
2. So the first groyne will stay in its natural configuration, it is not being altered?
Response by Director Infrastructure
Groyne no. 1 will stay in its current configuration with the maintenance work being completed at the moment. A long term solution has not yet been decided.
3. Has the City progressed any further with steps and access over the rocks?
Response by Director Infrastructure
There has been no progress to date on that matter.
The detailed design of the sand bag and rock revetment undertaken in December 2013 highlighted the need to raise the height of the revetment at its interface with the groyne. It was indicated that this will result in the loss of the beach access to the south of the southern groyne unless there is significant accretion of sand there. However, the raising of the interface height was considered to be a requirement to provide protection to the car park access which could otherwise be under threat from wave action.
The focus for the City since September 2013 storms has been to provide coastal protection and the provision of beach access south of groyne 1 has not been a priority project. It will be appropriate for such access to be considered as part of the development of the long term coastal protection options for Quinns Beach.
4. Has any budget consideration been made for the car park and maintenance following damage by the heavy machinery?
Response by Director Infrastructure
Maintenance work will be carried out to the car park as required, either through the operating budget or through funds allocated to the project. |
1. Why did Council approve an 840sqm liquor barn on Lot 19, Clarkson Avenue, Tapping which is approximately 100m from a school and what would be the traffic impact on Covus Road and Hirindi Bend?
Response by Director Planning and Sustainability
A liquor store is permitted 'as of right' on that particular property and cannot be refused by the City on the basis of it being undesirable. A liquor store of that size was previously approved by Council and the Liquor Licensing Department has subsequently issued a licence for it. At the time the development was assessed and determined by Council, consideration was given to a range of factors, including submissions received and traffic impacts.
2. Can a copy of the traffic impact study be provided?
Response by Director Planning and Sustainability
It would depend on what was submitted at the time of the application, but a summary would have been provided in the report to Council last year.
Further Response by Director Planning and Sustainability
An extract from the Council report of 29 May 2012 is included below which provides background regarding the consideration of traffic at the time the initial application for development on the site was being processed.
"Traffic Impacts
Many of the submitters had concerns that the proposal would result in an increase in traffic travelling through the area, which would compound existing traffic congestion experienced by residents and compromise the safety of children who attend the nearby St Stephens School.
Administration requested that a Transport Assessment Report be provided as part of the application, in order to determine and justify any potential traffic implications for the surrounding road network. The report found that the proposal would generate 1,048 vehicle movements per peak hour during a typical weekday PM peak period, whilst preserving acceptable levels of service and queuing times into and out of the development as well as local roads that intersect with Clarkson Avenue. The aforementioned amendments to the initial design of the proposal included the deletion of the western-most crossover and the extension of the existing Clarkson Avenue median strip, which has been recommended as a condition of approval. These changes are considered to have resulted in an improved outcome with regard to traffic movements immediately surrounding and within the subject site.
Administration notes that as the proposal would provide conveniences that do not currently exist elsewhere within the immediate locality, it is likely that a significant amount of the traffic generated by the proposal would already travel through the local road network to reach such conveniences elsewhere. While the proposal would result in an increase in the amount of traffic within the immediate vicinity, this was already anticipated and considered by Council as part of the rezoning of the land from Residential to Commercial through Amendment No. 12 to ASP 3. " |
Wyatt Grove Shopping Centre Development
1. The City approved a 2m high masonry wall, however the highest point of the wall on the residential side is 3.04m? The reason it is built this high is due to the land levels being raised so how can this mistake have been made?
Response by Director, Planning and Sustainability
If the wall has been built on the development site, then it would likely be 2m high from the finished level on the development site. If the approved plans require the wall to be 2m on top of the finished level of the development site, then it will be taller on the residential properties side. This is one of the issues that I will consider.
2. Is any consideration given to existing infrastructure such as residents when a commercial development such as this is being built and its impact?
Response by Director, Planning and Sustainability
Yes. Whether those residences existed at the time that the application was assessed and approved or not is immaterial. Adjacent properties were zoned residential and consideration would and should have been given by Administration to the interface issues between the commercial development and adjacent residential development. |
Mushroom Farm, Wanneroo
The mushroom farm has been up for sale but this has again fallen through. What is to be done with this eyesore?
Response by Director, Planning and Sustainability
The City cannot influence the sale of private property. |
Item 4 Confirmation of Minutes
Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
CQ01-06/14 Cr Guise – Wyatt Grove Shopping - Crown Mushrooms |
1. It is understood that Administration is in liaison with the owners of property and there is verbal advice from the architect about the wall height. Is there anything in writing from the owners and if not can this be obtained from the owners addressing the wall height to protect the neighbours' privacy?
Response by Director Planning and Sustainability
This will be investigated and if not written advice obtained.
Further Response by Director Planning and Sustainability
The Architect acting for the developer has verbally notified Administration that plans of the proposed modifications to the wall are expected to be submitted to the City for review within the next two weeks. Administration will formalise this undertaking in writing with the Architect.
2. There is advice the owner has no intention of trying to do anything on the neighbours' side of the wall. Advice to the neighbours is they have the right to render or paint the brick wall however they still need to approach the landowner Wyatt Grove Shopping Centre. Is this correct and what is the reason?
Response by Director Planning and Sustainability
The only reason why residential landowners might want to confer with the shopping centre landowner is if the wall itself is contained wholly within the property boundary of the shopping centre site; then technically speaking any improvements, embellishments or changes to the surface of the wall facing the residential properties will actually be on the adjacent commercial zoned property. When formalising the wall height in writing with the Architect, Administration will also seek a written position from the proponent in relation to either it, or the residents finishing the wall on the residential side, to improve its aesthetics.
Crown Mushrooms
3. Do the non-confirming rights still stand as a zoning rule over this property, it was certainly given non-conforming rights earlier on?
Response by Director Planning and Sustainability
As previously stated at the last meeting non-conforming use rights most likely don’t apply because the mushroom farm is a legitimate rural use in the rural zone, so there would be no need for non-conforming use rights to apply. This information was provided as a 'Further Response' in the Minutes of the last Council meeting. |
How was the advertising carried out, especially to the residents in the area? Was it addressed to the householders and possibly considered as junk mail?
Response by Director Planning and Sustainability
The liquor store formed part of the broader development on site that was approved by Council in August last year.
Further Response by Director Planning and Sustainability
The application for the initial development was advertised in accordance with District Planning Scheme No. 2 (DPS 2). A letter was sent out on 5 August 2011 to 162 residents in the vicinity of the property.
The application for the Liquor store was dealt with at the 20 August 2013 Council meeting and was not advertised because a Liquor Store is a Permitted ("P") use under DPS 2 in a Commercial zone and cannot be refused by reason of the unsuitability of the use.
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When is the expected timeframe for handover of this land to be vested with the City and has there been any communication between the City and the developer regarding the development of this public open space?
Response by Director Planning and Sustainability
The subject land is already Crown Land, although it is presently unvested, because the City is not yet prepared to seek a management order for the vesting of that property until such time as it has been developed with works approved by the City – being the actual construction of the open space.
In March last year, Administration approved the landscape drawings for development of that particular property and is now liaising with the developer to determine the timeframe for delivery. It is worth noting that when the Western Australian Planning Commission granted subdivision approval for the property that resulted in the creation of that future open space site, there was no corresponding condition imposed by the Commission requiring the open space to be developed; it merely required the land to be given up for free and ceded with the Crown. As consequence there is not likely to be any opportunity to withhold clearance of subdivision titles pending development of that site.
At this particular stage, we can only liaise with the developer and not seek a management order for the City to inherit responsibility of that site until it has been properly developed to our satisfaction. |
An article titled "Travel Bill for Councils Over
$400k" appeared on page 13 in The West Australian newspaper edition of 16
June 2014. Information in regard to the City of Wanneroo does not seem to give
a clear indication of what the City has spent. It states travel amounted to
$3,877 for
Response by Mayor Roberts
Certainly the City of Wanneroo is one of the most frugal councils in the metropolitan area.
Response by Manager Communication and Events
The West Australian newspaper asked a number of questions of just about every local government in the metropolitan area. The City supplied answers to all of the questions possible in the timeframe given and do not control what elements of that information are shared with their readers. The report was fair and the only item the City queried with The West Australian was they referred to the use of business class over certain hours which the City does not do and was not in our answers. The newspaper selects which of the elements of the response to a wide range of questions it will finally use in the article. If required Elected Members can be provided with a copy of Administration's full response. |
1. The State Government is currently undertaking a strategic assessment of the Perth and Peel regions. This strategic assessment will not just consider the environmental impacts of future urban development but very importantly also the industrial land, transport, infrastructure corridors, future basic raw materials extraction required to support future development. As part of that review, a review of the basic raw materials State Planning Policy 2.4 is being undertaken. There is a stakeholder reference group including industry, environmental groups, WALGA and local government representatives. Did the City receive correspondence regarding the establishment of this stakeholder reference group?
Response by Director Planning and Sustainability
There is no recall of seeing any such correspondence.
2. Did the City seek to be represented on this reference group?
Response by Director Planning and Sustainability
As Administration wasn't aware of the imminent formation of that reference group it was not possible to seek representation on it. Notwithstanding this, the City has continued to make representations to the State government over many years to get further clarification in relation to the status of its review of the Basic Raw Materials Policy.
3. More concerned with the latest stakeholder reference group and not past lobbying. In terms of the overall land holdings impacted by the review would Administration consider that 40 square kilometres would qualify us as a major stakeholder in such a review?
Response by Director Planning and Sustainability
Yes.
4. Do we know who the local government representatives are and has the City made any efforts to represent its views, concerns, aspirations for State Planning Policy 2.4 to these local government representatives?
Response by Director Planning and Sustainability
No, however, this will be reviewed and further details sought in relation to the reference group and its representatives.
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Cr Zappa presented a petition of 36 signatories requesting the provision of additional car parking facilities at Warradale Park, Landsdale to accommodate the demand of the local community who use this public open space.
This petition be forwarded to the Community Development directorate for action.
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Cr Winton presented a petition of 119 signatories requesting the removal, reduction or modification of the traffic calming measures on Aldersea Circle, Clarkson so as to be less intrusive in regards to noise and hoon traffic.
This petition be forwarded to the Infrastructure directorate for action.
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Cr Smithson presented a petition of 28 signatories requesting the installation of "No Parking" signs in Leeuwin Lane which provides rear garage access to residents of Sanctuary Garden, Roosky Appointment, Keswick Road and Kilkee Street in Ridgewood.
This petition be forwarded to the Infrastructure directorate for action.
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Moved Cr Smithson, Seconded Cr Zappa
That the petitions be received and forwarded to the relevant Directorates for action.
CARRIED UNANIMOUSLY
On 1 October 2011, Cr Monks presented a petition of 64 signatures requesting that Council support the retention of this rural sector as a Rural Living Precinct which will enhance work and lifestyle options and maintain the current environmental balance and values within the area, and that Administration meet with the residents in this location to further investigate and progress the rezoning of the area to a Rural Living Precinct.
UPDATE
Action on this petition has been held pending the finalisation of the Local Planning Policy 5.3: East Wanneroo (LPP 5.3). LPP 5.3 was adopted by Council at its meeting of 27 May 2014.
This has enabled Administration to provide detailed advice to the petitioners regarding how they can best progress consideration of their proposal in the context of the planning process for East Wanneroo set out in LPP 5.3.
For the area concerned, the first step in this process involves undertaking a Metropolitan Region Scheme (MRS) amendment for the total area shown as 'potential urban' on the East Wanneroo Structure Plan, situated north of Dundebar Road. The processing of this MRS amendment will provide opportunity for the petitioners to have their proposal and views formally considered by the Western Australian Planning Commission, the Minister for Planning, and most likely Parliament as well.
The petitioners have also been advised that they will have a similar opportunity to have their proposal considered as part of the preparation of the North West Sub-region Structure Plan, the draft of which is expected to be released for comment around the end of this year.
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Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.
Cr Winton declared an impartial interest in Item
PS01-06/14, Draft Local Planning Policy
2.7 : Extractive Industries, due to owning and living on a property subject to
this policy.
Cr Driver declared a financial interest in Item
CS05-06/14, Donations to be Considered by
Council – June 2014, due to his step daughter Isabelle Szemray being a player
in the West Coasters Netball Club Kingsway.
Cr Zappa declared an impartial interest in Item CS05-06/14, Donations to be Considered by Council – June 2014, due to his employer, RSM Bird Cameron being engaged as auditors of Football West Limited.
Cr Zappa declared an impartial interest in Item CS06-06/14, Fraud, Corruption, Bribery and Misconduct Policy, due to his employer, RSM Bird Cameron being commissioned by the CCC to conduct the audit.
Cr Winton declared an impartial interest in Item
PS01-06/14, Draft Local Planning Policy
2.7 : Extractive Industries due to owning and living on a property subject to
this policy.
Town Planning Schemes & Structure Plans
Cr Smithson left chambers at 8.03pm.
Attachment 7
Submission on Draft State Planning Policy 3.7: Planning for Bushfire Risk Management
Section 4.2
1. This section states that a bushfire-prone area (BPA) is an area that has been 'designated' by the Fire and Emergency Services (FES) Commissioner, or 'designated' as such in a legislative instrument. It then goes on to describe the three ways in which the location of BPAs may be 'identified'. There are a number of aspects of this which are unclear:
a) Regarding designation of BPAs in a legislative instrument, while not clearly stated in the draft SPP or draft Guidelines, it was clearly stated by a DoP officer at an information session held on these proposals, that it is intended that local planning schemes will be regarded as the legislative instruments which are designating BPAs. This will be done through the proposed 'deemed provisions' to be introduced through the proposed new planning regulations.
The Keelty Report recommended that responsibility for declaration of BPAs be transferred from local governments to the Western Australian Planning Commission. The current proposal is quite confusing, with some parts of it indicating that the FES Commissioner will be designating BPAs, but apparently the intention being that local governments would continue to be providing the legislative instrument for BPA designation, through their local planning schemes. This is contrary to the Keelty Report recommendation. There is no valid reason why local government, through their local planning schemes, should be legally responsible for designating BPAs. On the contrary, given the imperative of the State Government to implement the Keelty Report recommendations, and the role of the OBRM and the FES Commissioner in identifying and designating BPAs, it is more appropriate that the State-wide BPA map, and the amended FES Act which will presumably be referring to that map, be regarded as the legislative instrument for BPA designation.
It is also noted that a 'Concept Paper' prepared by DFES, involving a review of Emergency Services Acts, is currently out for comment. This addresses the matter of hazard prone area declarations, and its preferred option is to empower the FES Commissioner to designate hazard prone areas.
In respect to the option of not empowering the FES Commissioner to do this, the report states:
"This option is not favoured as the designation of hazard prone areas is an important tool for minimising the impacts of hazards on 'at risk' communities. It is unlikely that increased consistency in the declaration of hazard prone areas will be achieved if a single body is not given the necessary designation powers and it is timely for a more direct approach in declaring hazard prone areas". (3.22.2)
Draft SPP 3.7 needs to be reconciled with the stated DFES 'Concept Paper' and both documents made to align with the aforementioned recommendation of the Keelty Report.
b) While the first two ways of identifying the locations of BPAs refer to 'designation' of them by the FES Commissioner, the third way (referred to as the 'default' identification in the draft Guidelines), does not refer to any 'designation' occurring. (It is noted that 2.3 of the draft Guidelines also only refers to 'identification' and 'classified' and point 16 (3rd bullet point) of the FAQ sheet also only refers to 'identification').
These 'default' BPAs should also be 'designated' through the FES Act (see (a) above).
c) The 'default' BPA identification provision refers to land within 100m of 'bushfire-prone vegetation' being identified as BPA. It is not clear whether the area of the bushfire-prone vegetation itself will be identified/designated as BPA, and this should be clarified.
d) The first two ways that the locations of BPAs may be identified are through local government bushfire maps (once designated by the FES Commissioner), or through the State-wide BPA Map. Section 2.2 of the draft Guidelines and point 14 of the FAQ Sheet talk in terms of local government bushfire mapping being 'integrated' into, and forming part of, the State-wide Map. There is some inconsistency in this approach. All BPAs should be designated by the State-wide BPA map (see (a) above).
2. The first means of identification of BPAs refers to use of 'a local government bushfire map', and as noted in 1 (d) above, it is intended that the OBRM will have regard for this local mapping in preparing the State-wide map.
It should be noted that many local governments have also had HLA, leading to identification of BPAs, done by developers as part of preparation of Structure Plans for new development areas. It is recommended that provision be made for such HLAs and their resulting BPA designations to be provided by local governments to the OBRM, so that they can also inform the preparation of the State-wide map.
Policy Measure 6.1
3. Policy measure 6.1 states that 'planning or development applications' within BPAs are to undertake a bushfire hazard assessment. The reference to 'planning' application is presumably meaning 'planning proposal', which is defined in section 7 of the draft SPP. If so, it should use this terminology.
However, more significantly, the proposal that Hazard Level Assessments (HLAs) be required to be prepared by local governments as part of preparation of Local Planning Schemes and Local Planning Strategies is opposed.
Local governments do not have the resources to be able to properly undertake HLA for what may be substantial areas designated as BPA on the State-wide map. (It is recognised that a number of local governments have undertaken some form of HLA, leading to designation of BPAs under the Local Planning Schemes, however these are not considered to have been done to an adequate level of detail and rigour to provide a sound basis for identification and designation of BPAs).
The alternative approach which is advocated is one which has been used for a number of years now in the City of Wanneroo, and involves detailed HLA being completed by developers (using consultants) as part of preparation of Local Structure Plans (LSPs).
For areas which will not involve preparation of LSPs, such as rural areas, HLA can be required to be done by developers (including home builders) as part of applications for rezoning (eg. to Special rural/rural residential), development, or building permits.
High level strategic guidance to allow integration of bushfire risk management into the higher levels of planning should be provided by the State-wide BPA map.
4. Not all development applications should require preparation of HLAs. For example, in the City of Wanneroo, patios and sheds require development applications, but are a type of development which should not require HLA. Provision should be made for such exemptions.
Policy Measures 6.1 and 6.5
5. The draft SPP requires that HLA be undertaken for all planning proposals or development applications within BPAs, with this covering most levels of planning, from strategic/regional level down to development applications. This means that proposals submitted at the lower levels will usually involve areas which have already been subject to HLA at a higher level.
While 3.1 of the draft Guidelines includes brief reference to when an existing HLA may be considered to still be 'current' ('generally being prepared within three years of the current proposal being lodged'), it may be helpful for further guidance to be provided on this matter, as the question of whether an existing HLA should still be considered adequate will arise on many occasions.
Policy Measure 6.2
6. Related to 5 above, this measure should include a provision which allows the Low hazard level rating which exists under a HLA to be questioned as to whether it is still valid at the time a planning proposal or development application is submitted, eg. vegetation conditions may have changed over time.
Policy Measures 6.3 – 6.6
7. These measures need to clearly acknowledge that BAL assessment and AS3959 only apply to residential/habitable types of development.
Policy Measure 6.5
8. Point (b) of this measure should refer to 'development application' instead of 'development proposal', to be consistent with the terminology which is defined.
Section 7 – Definitions
9. This defines a 'fire consultant', including reference to eligibility for certification under an applicable accreditation scheme. Point 8 of the FAQ sheet provides further information regarding the proposed accreditation scheme. Given that the draft SPP requires that so many things (HLAs, BAL assessments and Bushfire Management Plans) at so many levels of planning can only be prepared by accredited fire consultants, there is a concern that there may not be enough consultants to undertake this role across the whole State. Consideration is needed to ensure adequate resourcing for achieving adequate capability on this matter.
Attachment 8
Submission on Draft Planning for Bushfire Risk Management Guidelines
Section 2.1
1. This states that the Office of Bushfire Risk Management (OBRM) will be preparing and administering a Bushfire-Prone Area Mapping Standard, which will include the methodology for creating the state-wide BPA Map. This methodology will presumably deal with exactly how the OBRM will be assessing areas to determine whether they should be identified as BPA, or not.
Appendix 5 of the Guidelines notes that the proposed Standard is still in development. While point 9 in the FAQ Sheet includes a very brief description of what the methodology is likely to involve, it is difficult to assess the soundness of the proposed approach, until the detail of the methodology is available. In mid-June, the Mapping Standard was released as a final document. It includes proposals regarding the role to be played by local government in both the preparation and review/updating of the State-wide map. The Standard should have been released as a draft to coincide with the release of the draft SPP and Guidelines in order to provide opportunity for proper scrutiny of its proposals, especially those relating to the role of local government. It is recommended that public comment be invited on the Mapping Standard.
Section 2.2
2. This refers to what happens where local governments have prepared bushfire maps. This City's submission on draft SPP 3.7 (point 3) pointed out that in many local government areas, HLA (leading to identification of BPAs) has also been done by developers as part of preparation of structure plans and Bushfire Management Plans, and that the OBRM should also consider this information in preparing the State-wide BPA map.
Point 16 in the FAQ Sheet refers to the new bushfire regulations establishing a designation power in local planning schemes, for enabling schemes to also designate areas BPAs. It was stated at an information session on these proposals that one of the purposes of the new 'deemed provisions' in schemes would be to make schemes the 'legislative instrument' for designating BPAs.
The Keelty Report recommended that responsibility declaring BPAs be transferred from local governments to the Western Australian Planning Commission. The current proposal is quite confusing, with some parts of it indicating that the FES Commissioner will be designating BPAs, but apparently the intention being that local governments would continue to be providing the legislative instrument for BPA designation, through their local planning schemes. This is contrary to the Keelty Report recommendation. There is no valid reason why local government, through their local planning schemes, should be legally responsible for designating BPAs. On the contrary, given the imperative of the State Government to implement the Keelty Report recommendations, and the role of the OBRM and the FES Commissioner in identifying and designating BPAs, it is more appropriate that the State-wide BPA map, and the amended FES Act which will presumably be referring to that map, be regarded as the legislative instrument for BPA designation.
It is also noted that a 'Concept Paper'
prepared by DFES, involving a review of Emergency Services Acts, is currently
out for comment. This addresses the matter of hazard prone area declarations,
and its preferred option is to empower the FES Commissioner to designate hazard
prone areas.
In respect to the option of not empowering the FES Commissioner to do this, the report states:
"This option is not favoured as the designation of hazard prone areas is an important tool for minimising the impacts of hazards on 'at risk' communities. It is unlikely that increased consistency in the declaration of hazard prone areas will be achieved if a single body is not given the necessary designation powers and it is timely for a more direct approach in declaring hazard prone areas". (3.22.2)
Draft SPP 3.7 needs to be reconciled with the DFES 'Concept Paper' and both documents made to rely with the aforementioned recommendation of the Keelty Report
Section 2.3
3. It is unclear if the area of 'bushfire-prone vegetation' itself will also be designated as BPA, and not just the land within 100m of it.
4. Point 16 of the FAQ Sheet states that 'bushfire-prone vegetation' will be defined in the new bushfire regulations. It is difficult to assess the soundness of this proposed 'default' approach without having this definition. When the definition is available, further opportunity should be available for comment on the proposed approach.
5. This section states that it is the proponent's responsibility to identify whether their land is a default BPA, as part of their planning application, and if they are in doubt, to seek advice of a fire consultant or the relevant local government. This infers that the proponent/landowner decides whether the vegetation which needs to be assessed, should be considered 'bushfire-prone vegetation', or not. This approach is not supported.
Elsewhere within the draft Guidelines, it is said that one of the features of the proposed new approach is to move away from 'self-assessment', and require that assessments be undertaken by properly qualified people. This element of 2.3 is at variance with this new approach.
Section 3.1
6. Where a decision-maker considers that an existing bushfire hazard assessment does not adequately address the policy measures of SPP 3.7 (eg: the vegetation has significantly changed, or due to a land use change), then a new assessment may be required to be prepared, and this must be done by a different consultant. It is not clear why a different fire consultant is required to be used, as in most cases, it may be far more efficient and less costly to use the same consultant.
Section 3.2
7. The last paragraph states that a local government or state authority may be responsible for conducting a BAL assessment for areas vested in its control and where development is proposed. It should be noted that BAL assessment is only required where development of a residential/habitable nature is proposed.
Section 3.3
8. This requires assessment of any 'proposal' against the Guidelines' criteria, and refers to types of the proposal which exclude those of a regional nature. Given the emphasis of the overall proposed new approach on requiring that bushfire risk issues be addressed at all levels of planning, this section should refer to 'planning proposal' (rather than 'proposal'), the definition of which is in the SPP, and includes reference to strategic-level proposals, including regional planning strategies and regional planning schemes. These should also be referred to in this section.
Section 3.4.1
9. The last bullet point of this section gives the impression that if an application for planning approval involves a site which is of Low hazard level, but is still included within a BPA, then being within a BPA, a Bushfire Management Plan (BMP) will be required. Other parts of the SPP and Guidelines indicate that in this situation, involving a Low hazard level, a BMP is not required.
Section 3.4.2
10. This refers to Bushfire Management Plans (BMPs) needing to be prepared by proponents in respect to private land, and by local governments for land under their control. This section should also include BMPs needing to be prepared by State and Federal government agencies, in respect to lands under their control. State-controlled land in particular represents a very substantial area and in many cases, currently involve areas of very high bushfire risk due to inadequate mitigation measures having been undertaken over a long period.
Section 4.1
11. The table in this section states that the matter of whether HLA is required or not in respect to Region Schemes and Amendments, and Sub-regional Strategies/Plans and other State-Initiated Documents is 'dependent on the scale of proposal'. If this is meaning that the larger the scale, the less likely HLA would be required, it should be explained why larger scale proposals should be exempt.
12. The table has WAPC as the decision-maker in respect to local planning strategies and local planning schemes and amendments. This denigrates the role of local government at these planning stages, and local government should be included as a decision-maker at those stages.
Section 4.5
13. This proposes that where a structure plan has been endorsed prior to publication of SPP 3.7 and it does not contain bushfire management measures, and little or no subdivision has taken place, then it would be preferable for the local government to revoke such structure plans. The local government would then require redesign consistent with SPP 3.7 and the Guidelines.
Rather than revoking the structure plan in such situations, it would be preferable that the developer be given opportunity to demonstrate that the relevant bushfire management requirements can be satisfactorily addressed at subdivision stage. If this cannot be done, then amendment of the structure plan should be undertaken (rather than revocation and preparation of a new structure plan, involving a process which is usually much longer than the amendment process).
Section 4.8
14. This states that: "All building permit applications lodged for development in bushfire-prone areas will require the preparation of a BAL assessment under the requirements of the BCA".
If the BPA is designated on the State-wide BPA Map, then this will be triggering a requirement for HLA to be undertaken. The HLA might show that the land concerned is of Low hazard level, in which case a BAL assessment would not be required.
Nil
Cr Smithson returned to chambers at 8.05pm.
File Ref: 3081V02 – 14/112850 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 1
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That Council:- 1. DOES NOT REMOVE the Ficus microcarpa var. Hillii trees in Russell Road, Madeley; 2. ENDORSES the regular inspections of the trees and the management strategy to undertake annual crown reduction, formative pruning and infrastructure repairs as required; and 3. ADVISES the petitioners of Council's decision.
Alternative Motion
Moved Cr Treby, Seconded Cr Zappa
That Council:
1. ADOPTS option 3 and authorises the removal of the Ficus microcarpa var. Hillii trees; opposite 1-15 Russell Road in Madeley;
2. AUTHORISES the planting of replacement trees in the location in consultation with the adjacent property owners with a variety of species consistent with the City's Verge Tree policy and in keeping with the size and scale of residential development in the area; and
3. ADVISES the petitioners of Council's decision. carried 14/1 For the
motion: Cr Aitken, Cr Cvitan, Cr Driver, Cr Guise, Cr Hayden,
Cr Hewer, Against the motion: Cr Winton
Reason for Alternative Recommendation
The size and scale of the trees in question are not in keeping with the current residential development coding for the area. Moreover, as the City is the custodian of the trees, it assumes full financial responsibility and risk for these trees over their life time.
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Cr Treby left chambers at 8.36pm and returned at 8.38pm.
Cr Cvitan left the chambers at 8.47pm and returned at 8.48pm.
File Ref: 8706 – 14/118334 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 4
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That Council:- 1. APPROVES the completion
of the cast in situ concrete footpath on the northern side of Mandal Close
between 2. APPROVES the extension of the Mandal Close pathway from Picton Court to Rothesay Heights, Mindarie, as per funding adjustment approved as part of the 2013/2014 Midyear Budget Review (Section 2); 3. SUPPORTS the future construction of the remaining section of the pathway link in Ramsgate Retreat to complete the link from the Mindarie Marina to the Mindarie Keys and Ocean Keys Shopping Centres (Section 3); and 4. ADVISES all residents consulted of Council's decision.
Alternative Motion
Moved Cr Winton, Seconded Cr Driver
That Council:-
1. DOES NOT PROCEED with the proposed pathway link from Mindarie Marina to the Mindarie Keys and Ocean Keys Shopping Centres via Ramsgate Retreat and Mandal Close;
2.
APPROVES the removal of the pathway section constructed in
Mandal Close and reinstates the nature strip, with the cost of the works
funded from Project No.
3. ADVISES all residents consulted of Council's decision. carried 14/1 For the
motion: Cr Aitken, Cr Cvitan, Cr Driver, Cr Guise, Cr Hayden,
Cr Hewer, Against the motion: Cr Parker
Reason for Alternative Recommendation
The community consultation indicates that there is a majority of opposition to this proposal, with 60% of the respondents not supporting the construction of a concrete pathway on the north sides of Mandal Close and Ramsgate Retreat.
The safety concerns to justify this pathway are not clear, defined or specific to this pathway and could equally be applied to every road nature strip in the City. I believe the City's priority, given limited resources, should be to provide pathways on through roads (and not cul-de-sacs) and linkages for students and more vulnerable residents. |
Nil
Corporate Strategy & Performance
File Ref: 5509 – 14/164112 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 4
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Moved Cr Zappa, Seconded Cr Cvitan That Council RECEIVES the Financial Activity Statements and commentaries on variances to budget for the period ended 31 May 2014, consisting of:
· 2013/14 Annual Original and Revised Budgets, · May 2014 Year to Date Revised Budget, · May 2014 Year to Date Income and Expenditures, · May 2014 Year to Date Material Variance Notes, and · May 2014 Year to Date Net Current Assets.
Carried Unanimously |
The Risk Rating Table on page 3 of Attachment 1 was corrected by transposing the two headings "Likelihood" and "Consequence".
File Ref: 9454 – 14/161215 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 2
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Moved Cr Zappa, Seconded Cr Cvitan That Council ADOPTS the draft Risk Management Methodology as shown in Attachment 1.
Carried Unanimously |
File Ref: 2883 – 14/165168 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Aitken That Council, by ABSOLUTE MAJORITY, ADOPTS the amendments to the City's Delegated Authority Register as shown in Attachment 1. Carried BY ABSOLUTE MAJORITY 15/0 |
Cr Driver declared a financial
interest in Item CS05-06/14, Donations to be Considered by
Council – June 2014, due to his step daughter Isabelle Szemray being a player
in the West Coasters Netball Club Kingsway and left the chambers at 9.06pm.
Cr Zappa declared an impartial interest in Item CS05-06/14, Donations to be Considered by Council – June 2014, due to his employer, RSM Bird Cameron being engaged as auditors of Football West Limited.
File Ref: 2855V02 – 14/160130 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Guise, Seconded Cr Cvitan That Council:-
1. APPROVES a request for sponsorship for the sum of $600.00 to Perth Baseball Club Inc for the participation of Brady Oliphant, Jordan Jefferies and Joel Taylor to attend the National Baseball Tournament held in Elanora Qld on 4 June 2014;
2. APPROVES a request for sponsorship for the sum of $1,500.00 to West Coasters Netball Club Kingsway for the participation of Leah Croser, Brittany Tate and Isabelle Szemray to attend the International Youth Netball Tournament to be held in Florida, USA from 26 October to 1 November 2014;
3. APPROVES a request for sponsorship for the sum of $1,000.00 to Ridgewood Little Athletics Centre for the participation of Delaney Smith and Liam van der Spuy to attend the International Athletics Championship to be held in Singapore on 6 July 2014;
4. APPROVES a request for sponsorship for the sum of $1,400.00 to School Sport WA for the participation of U12s – Connor Patterson; Mitchell Williamson and Logan Foley; U15s – Thor Lennox, Kyron Hayden, Billyjean Johns and Tyrese Miller and U16s – Kirralee Ralls to attend the School Sport Australia National AFL Championships to be held in Sydney, NSW from 18–27 July 2014;
5. APPROVES a request for sponsorship for the sum of $600.00 to Stirling Basketball Club – Warwick Leisure Centre for the participation of Jarrod Hodge, Hemi Peters and Eyosias Regan to attend the U16 National Basketball Championships to be held in Geelong, Vic on 5 July 2014;
6. APPROVES a request for sponsorship for the sum of $600.00 to Football West for the participation of U13s – Ashling Devitt and U15s – Georgia Cawley and Kizanne Mulder to attend the 2014 National Youth Championships to be held in Coffs Harbour NSW from 7–12 July 2014; and
7. APPROVE a request for sponsorship for the sum of $600.00 to Indoor Sports WA for the participation of Nicola Sing, Ben Sing and Jordan Tate to attend the Indoor Netball Super Nationals Championships to be held in Brisbane Qld from 6–12 July 2014.
Carried UNANIMOUSLY |
Cr Driver returned to the chambers at 9.07pm.
Cr Zappa declared an impartial interest in Item CS06-06/14, Fraud, Corruption, Bribery and Misconduct Policy due to his employer, RSM Bird Cameron, being commissioned by the CCC to conduct the audit.
File Ref: 2409 – 14/165935 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Newton That Council: 1. Adopt the Fraud, Corruption, Bribery and Misconduct Policy as detailed in (Attachment 1). Carried Unanimously |
File Ref: 1802 – 14/165579 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Guise, Seconded Cr Newton That Council AUTHORISE the Mayor and the Chief Executive Officer to participate in a joint Federal lobbying delegation with the Cities of Joondalup and Stirling, to Canberra, during the period 25 November 2014 to 27 November 2014. Carried Unanimously |
Cr Zappa left the chambers at 9.39pm and returned at 9.41pm.
MN01-06/14 Cr Norman Hewer – Request for bringing forward the installation of Traffic Signals at the intersection of Joondalup Drive and Cheriton Drive, Carramar File Ref: 3120V03 – 14/171863 Author: Cr Norman Hewer Action Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Hewer, Seconded Cr Aitken That Council APPROVES amending the 10 Year Capital Works
Program to move the project for the installation of traffic signals at the
Joondalup Drive/Cheriton Drive intersection
Amendment
With the consent of the Mover and Seconder
That Council:
1. APPROVES the allocation of $30,000 from Project PR-2656 in the 2014/2015 traffic treatments program for design, documentation and approvals to take place now; and
2. APPROVES the expenditure of the estimated cost of $240,000 in the 2015/2016 financial year for the installation of traffic signals at the Joondalup Drive/Cheriton Drive intersection (PR-2927); and
3. NOTES Administration will submit a Black Spot funding application to the next round.
CARRIED UNANIMOUSLY |
File Ref: 694 – 14/145244 Author: Cr Domenic Zappa Action Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 1
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Moved Cr Zappa, Seconded Cr Treby That Council LISTS for consideration in the draft 2014/2015 Road Works Program an amount of $13,000 for the replacement of the open pool type fencing to the section of Mirrabooka Avenue adjacent to Dorneywood Way, Landsdale.
Procedural Motion
Moved Mayor Roberts, Seconded Cr Cvitan
That the matter be referred back to Administration for clarification as to why vegetation was removed.
carried 10/5 For the motion: Cr Aitken, Cr Cvitan, Cr Driver, Cr Guise, Cr Hewer, Cr Newton, Cr Parker, Mayor Roberts, Cr Smithson and Cr Winton Against the motion: Cr Hayden, Cr Nguyen, Cr Treby, Cr Truong, Cr Zappa
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Nil
Moved Cr Newton, Seconded Cr Aitken
That Council move into a Confidential Session to discuss these items under the terms of the Local Government Act 1995 Section 5.23(2).
CARRIED UNANIMOUSLY
The meeting was closed to the public and all recording ceased at 10.12pm.
Moved Cr Zappa, Seconded Cr Truong
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 10.14pm.
Mayor Roberts read aloud the motions.
File Ref: 8643V02 – 14/153989 Responsible Officer: Director City Businesses Disclosure of Interest: Nil Attachments: Nil This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (b) the personal affairs of any person
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Moved Cr Driver, Seconded Cr Zappa That Council:- 1. RESOLVES not to offer any new Residential tenancy agreements to the remaining residents of the Quinns Rocks Caravan Park; and 2. INSTRUCTS Administration to notify the two remaining residents accordingly.
Carried Unanimously |
File Ref: 5642V02 – 14/161575 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 2 This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (b) the personal affairs of any person
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Moved Cr Driver, Seconded Cr Zappa That Council APPROVE a commemorative plaque to be installed on the wall opposite the change room facilities at the Gumblossom Sports Amenities Building, Quinns Rocks to honour Mr Steve Hallam for his outstanding contribution to the Joondalup City Junior Soccer Club and the Wanneroo community.
Carried Unanimously |
A Special Council Meeting has been scheduled for 6.00pm on Tuesday, 8 July 2014 to be held at Council Chambers, Civic Centre, 23 Dundebar Road, Wanneroo.
There being no further business, Mayor Roberts closed the meeting at 10.15pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN, JP Central Ward
SABINE WINTON Coastal Ward
BOB SMITHSON Coastal Ward
GLYNIS PARKER Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LINDA AITKEN North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward
DENIS HAYDEN South Ward
HUGH NGUYEN South Ward