Minutes
Unconfirmed
Ordinary Council Meeting
7:00pm, 14 October, 2014
Civic Centre,
Dundebar Rd, Wanneroo
Objective
· To ensure that there is a process in place to outline access to the recorded proceedings of Council.
· To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.
Statement
Recording of Proceedings
(1) Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public.
(2) Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.
(3) No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.
Access to Recordings
(4) Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer. Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.
(5) Elected Members may request a recording of the Council proceedings at no charge. However, no transcript will be produced without the approval of the Chief Executive Officer. All Elected Members are to be notified when recordings are requested by individual Members.
Retention of Recordings
(6) Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.
Disclosure of Policy
(7) This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.
Unconfirmed Minutes of Ordinary Council Meeting
held on Tuesday 14 October, 2014
CONTENTS
Item 2 Apologies and Leave of Absence
PQ01-10/14 Mr S Lindsay, Gibbs Road, Nowergup
PQ02-10/14 Ms A McMurdo, Russell Road, Madeley
PQ03-10/14 Mr P Winton, Gibbs Road, Nowergup
PQ04-10/14 Mrs M Manners, Belgrade Road, Wanneroo
PQ05-10/14 Ms K Coughlan, Belgrade Road, Wanneroo
PQ06-10/14 Ms P Saligari, Belgrade Road, Wanneroo
PQ07-10/14 Ms I Syred, Russell Road, Madeley
PQ08-10/14 Mr J Wood, Mornington Drive, Mariginiup
PQ09-10/14 Mr J Leonhardt, Kaiber Avenue, Yanchep
PQ10-10/14 Mr K Winterton, Gibbs Road, Nowergup
Item 4 Confirmation of Minutes
OC01-10/14 Minutes of Ordinary Council Meeting held on 16 September 2014
SOC02-10/14 Minutes of Special Council Meeting held on 7 October 2014
Item 5 Announcements by the Mayor without Discussion
OA01-10/14 Yanchep Two Rocks Community Bus
Item 6 Questions from Elected Members
CQ01-10/14 Cr Cvitan – Conditions on Crown Mushrooms Site
PT01-09/14 Requesting Completion of the Walk/Cycle Path, Solaia Loop
PT04-09/14 Requesting Rates be Reduced in Eglinton Area Due to Lack of Amenities
PS01-10/14 Review of Local Planning Policy 4.2: Structure Planning
Town Planning Schemes & Structure Plans
PS02-10/14 Proposed Amendment No. 129 to District Planning Scheme No. 2 - Single Dwelling House
PS03-10/14 Adoption of Amendment No. 137 to District Planning Scheme No. 2
PS04-10/14 Adoption of Amendment No. 131 to District Planning Scheme No. 2
PS07-10/14 Proposed Pedestrian Accessway Closure – Portion Lot 56 (15P) Clyde Court, Wanneroo
CB02-10/14 Cancellation of Part of Reserve 33522 (Lot 9062 Neville Drive, Wanneroo)
IN02-10/14 Old Yanchep Road State BlackSpot Project - Advice of Status
IN03-10/14 State and Australian Government BlackSpot Programs 2015/2016 Submissions
IN04-10/14 Perth Bicycle Network Local Government Grants Program 2014/2015 - Outcomes
IN05-10/14 Perth Bicycle Network Grants 2015/2016
IN07-10/14 Hudson Avenue, Girrawheen - Traffic Management Scheme - Community Feedback
IN08-10/14 Proposed Speed Limit Change - Rousett Road
CD01-10/14 Library Services Policy and Management Procedure
CD02-10/14 Community Engagement
Community Programs and Services
CD03-10/14 Oldham Reserve Changeroom Extension Project - Update
Corporate Strategy & Performance
CS01-10/14 Warrant of Payments for the Period to 30 September 2014
CS02-10/14 Financial Activity Statement for the Period Ended 31 August 2014
CS03-10/14 Collection of Rates and Service Charges Policy
CS04-10/14 Rates Charges Policy
CS05-10/14 Change Valuation of Land Method
CS06-10/14 Donations to be Considered by Council - October 2014
CS07-10/14 Proposed Council Meeting Dates for 2015
CE01-10/14 Appointment of Acting Chief Executive Officer
MN01-10/14 Cr Hugh Nguyen – Request Waiver of Fees for Vietnamese Culture Association
CR01-10/14 Carabooda - Compliance
Please refer to agenda for details of full reports and attachments.
Mayor Roberts declared the meeting open at 7:00pm.
Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Whadjuk people. We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land and we acknowledge and respect their continuing culture and the contributions made to the life of this city and this region and I invite you to bow your head in prayer:
Lord, We ask for your blessing upon our City, our community and our Council. Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty. May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share. We ask this in your name. Amen
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
LINDA AITKEN North Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward
HUGH NGUYEN South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
PAS BRACONE A/Director, Planning and Sustainability
CHRIS MORRISON Director, City Businesses (left at 8:35pm)
DENNIS BLAIR Director, Infrastructure
SHANE SPINKS Manager Program Services
NOELENE JENNINGS Director, Corporate Strategy & Performance
MUSTAFA YILDIZ Manager Governance & Legal
MARK DICKSON Manager City Growth
JACQUELINE ROGERS Senior PR/Communications Officer Communications & Events
RACHAEL WRIGHT A/Manager Property Services
YVETTE HEATH Minute Officer
Item 2 Apologies and Leave of Absence
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
ANH TRUONG South Ward (Leave of Absence 24 September to 18 October inclusive)
DENIS HAYDEN South Ward (Leave of Absence 29 September to 31 October inclusive
There were 22 registered members of the public and four members of the press in attendance.
Item PS06-10/14 Reconsideration of Conditions - Development Application for 'Industry - Extractive' at Lot 52 (90) Nowergup Road, Nowergup
1. How is it possible for Council to determine the impact of the proposed modification to the haulage route if there are no plans attached to show where it will go and how much closer it will come to the residents? Some of the residents are within 100m of the entry and exit point.
Response by A/Director Planning and Sustainability
Question taken on notice.
Further Response by A/Director Planning and Sustainability
Nowergup Road is already used by haulage vehicles from extractive industry operations situated on Wesco Road. Condition (w) would permit haulage vehicles from the operations on Lot 52 to share Nowergup Road with the haulage vehicles of other extractive industry sites.
Administration did not consider it necessary to prepare a haulage route plan, as the modification of the haulage route was described in the Report text, and prescribed in Condition (w).
2. How is it possible for Council to determine the risk and safety of these proposed changes to the entry point and haulage route if no traffic management study has been undertaken?
Response by A/Director Planning and Sustainability
Based on the number of vehicles expected and based on the volumes that have been advised to the City by the applicant, the traffic is not considered to be an issue of excessive numbers which will have a significant impact on the road network.
3. Have you driven on that stretch of road and seen that the entry/exit point is presently on a major S bend and there is probably less than 40m each way to see when a truck pulls out? There would have to be modifications there to make it safe.
Response by A/Director Planning and Sustainability
Yes and the approval of the use, if this was to be approved, would simply be continuing an existing ability to exit and enter the site from any direction.
4. Regarding the fencing, the previous conditions endorsed by Council required a security fence. This was based on the City’s need for the mine site to be secured. The necessity to secure this mine site can still be achieved by conditioning that Lime Industries fence the footprint, or disturbance area, to achieve the safety level desired by Council. This would solve the problems identified for the need to change this important condition. Has the City explored the risks associated with agreeing to a condition that clearly leaves the site unsecured if there was no fence in place?
Response by A/Director Planning and Sustainability
An officer of the City attended the site together with one of the owners of the property and walked around the boundaries and was satisfied that some form of fencing, not necessarily security fencing, with some signage at regular intervals would give sufficient indication to somebody that they are crossing into another property and would dissuade someone from crossing into the property.
5. Is it reasonable for Lime Industries to be able to waive a responsibility to secure a mine site based on topographical and environmental constraints?
Response by A/Director Planning and Sustainability
They are not waiving any responsibilities. If the site is fenced and somebody approaches the property boundary they know there is a boundary and they should not cross into that property as with any fence. |
Item MN02-08/14 Cr Brett Treby – Removal of Fig Trees in Russell Road, Madeley - Rescission Motion
The residents are grateful for the cleaning-up process that is going on in the area.
1. We note the lower crown has been trimmed, do you intend to trim the rest of the crown to reduce the resistance to wind?
Response by Director Infrastructure
Question taken on notice.
Further Response by Director Infrastructure
The following works were recommended by an independent arborist and were conducted over the 22 and 23 September 2014:
· Canopy lift pruning on the southern sides of the trees on the vacant land (6 trees) to begin to balance and shape the trees prior to development. Canopy lifting to sound growth points to approximately 20-25% of the tree on the southern side only was conducted.
· Pruning on the northern sides of the canopies of the 13 trees to remove small epicormic growth which is developing off the main long tall limbs.
This reduced the extension growth over the roadway by up to 2m and is recommended to be carried out on an annual basis. This will retain the hedge type pruning practice that has been carried out over a number of years on these trees.
· Deadwood pruned out of all 13 trees in particular Tree 1 (closest to roundabout) based upon safety grounds.
The independent arborist recommended not to reduce the crown any further at this time. The trees will be assessed by the independent arborist again in six months time to determine any further pruning that may be required.
2. Will these trees then land on the houses across the road if they fall?
Response by Director Infrastructure
Question taken on notice.
Further Response by Director Infrastructure
The City will continue to have the trees assessed on a six monthly basis by an arborist and works will be carried out as required to ensure that the trees are maintained in accordance with best arboricultural practice.
3. What is the plan to amend the damage that is occurring to the road immediately in front of the trees? When is an action plan going to happen?
Response by Director Infrastructure
Question taken on notice.
Further Response by Director Infrastructure
The road and associated infrastructure will be assessed and any damage identified will be managed as required.
4. How has the trimming that has been done going to significantly reduce fruit load and eliminate the risk of slipping on foot paths or in the case of cars reduce the braking distance when fruit is on the road?
Response by Director Infrastructure
Question taken on notice.
Further Response by Director Infrastructure
The recent pruning works will not reduce seasonal fruit development on the trees. The City currently mechanically sweeps the road and footpath on a weekly basis to remove leaves and associated debris from Russell Road. The frequency of sweeping will be increased as required to manage seasonal fruit drop and clean ups after significant weather events. |
Item PS06-10/14 Reconsideration of Conditions - Development Application for 'Industry - Extractive' at Lot 52 (90) Nowergup Road, Nowergup
The lot that is proposed to be developed was part of the City’s proposed Scheme Amendment 108 Landscape Enhancement and the reason the Minister for Planning rejected this Amendment was because areas subject to the landscape enhancement were contained as priority resource locations in the State Planning Policy 2.4 and the subject lot is a priority resource location.
1. In considering applications for mining in areas designated by State Planning Policy 2.4, does Council have to consider the significance of the resource when it makes discretionary decisions on applications for extractive industries?
Response by A/Director Planning and Sustainability
The area is designated as a priority resource area as indicated. The City would not necessarily request details about the quality or quantity of the materials. If someone is making an application for such a use, it can be assumed there are sufficient materials on site to be mined. Amendment 108 has been superceded by Amendment 121 and the area in question is not within the area of Amendment 121, so the quarry is outside the proposed landscape enhancement zone.
2. Was the proposed quarry in Scheme Amendment 108?
Response by A/Director Planning and Sustainability
Question taken on notice.
Further Response by A/Director Planning and Sustainability
Yes.
3. In State Planning Policy 2.4 the definition of basic raw materials means sand, including silica sand clay, hard rock, limestone, including metallurgical limestone, gravel and other construction and road building materials. Does the City consider the production of agricultural lime products as a defined basic raw material under this Policy?
Response by A/Director Planning and Sustainability
The definition of Extractive Industry does enable the manufacture of products from raw materials extracted from a particular site, it does not stipulate what those products need to be for. It is a basic raw material and able to be used for a number of purposes. It could be for building products and in this case it is proposed to be used for agricultural lime. There is no restriction in the definition as to what the lime should be used for.
4. Mr Lindsay previously asked a question about the exact location of the new proposed access road in and out of the site. Is that identified in the applicant’s plans?
Response by A/Director Planning and Sustainability
Yes the location is indicated on one of the plans and from memory it is just east of the western most boundary of the property along Nowergup Road. |
Articles in local papers
1. In consideration of two articles in recent local papers, why can the Mayor say how happy she is with the progress of Wanneroo in one article and yet another article states Councillors are saying no to rezoning east of the Wanneroo shopping centre? Following enquiries with WAPC and Mr Day, the Minister, there is no such place as East Wanneroo. It does not have a postcode, there is no north, south or west Wanneroo, it is all Wanneroo.
Response by Mayor Roberts
We are very proud of the City of Wanneroo as a whole. We have grown by 8,000 residents, we have 680sq km and as a City we are very inclusive and very engaging. However there are a degree of sensitivities and frustration with regard to East Wanneroo and the problems being posed for our City.
Response by A/Director Planning and Sustainability
The issues that are ongoing with East Wanneroo is the need to progress a certain number of studies which the City is currently liaising with the Western Australian Planning Commission in order to try to progress the studies, who needs to do them, when they need to be done and so on.
Response by Mayor Roberts
It is interesting that the Minister of Planning has not recognised East Wanneroo, perhaps that may be where our problem may lie.
2. What studies are you referring to? The WAPC knows studies are in place, why is there now more studies to be done with regard to this land? Residents are unaware of any sensitivities.
Response by Mayor Roberts
The City put forward a substantial submission with regards to the development of East Wanneroo but would be happy to have a meeting with you and Administration staff and take you through the problems that have been faced with regards to development of East Wanneroo.
3. What was the reason for the City of Wanneroo saying no to the Peron Group, the developers, of something that has been approved by the WAPC?
Response by Mayor Roberts
There is a policy on East Wanneroo.
Response by A/Director Planning and Sustainability
The studies that have been completed to date suggest that further studies such as environmental studies, infrastructure studies and structure planning is required to be completed. With respect to the Peron Group, the question will be taken on notice.
Further Response by A/Director Planning and Sustainability
The Perron Group has submitted a request to the WAPC to initiate an amendment to the Metropolitan Region Scheme to rezone land on Caporn Street, Sinagra from Rural to Urban Deferred. The WAPC has resolved to initiate the amendment.
Prior to the WAPC resolving to initiate the amendment, it sought preliminary comments on the proposal from the City. On the basis of the then draft Local Planning Policy 5.3; East Wanneroo (LPP 5.3), Administration advised WAPC that it did not support the proposed amendment as it was considered premature and contrary to the proper and orderly planning of the East Wanneroo area. Also, it would be likely to compromise the establishment of a proper planning framework for the East Wanneroo area, and may set an undesirable precedent for other similar proposals.
4. Can written information about the studies that still need to be done and the reason for two opposing opinions in the public media be provided?
Response by Mayor Roberts
That information will be provided and will stand by my comment that I am very proud of the City of Wanneroo.
Further Response by A/Director Planning and Sustainability
Regarding the studies that still need to be done (particularly those which are required to have zoning and reservations settled to a point to enable Local Structure Planning to proceed), these relate to preparation of district structure planning. Details regarding these studies are provided in section 6.2.2 of the East Wanneroo Structure Plan (EWSP), the City's Local Planning Policy 4.2: Structure Planning (Attachment 2 of the policy), and the 'Structure Plan Preparation Guidelines' of the WAPC and Department of Planning. Referring to section 6.2.2 of the EWSP, these include studies required to enable the district structure planning to be able to address the following:
· Location of land use types including housing targets and dwelling yields; · Hierarchy and location of activity centres; · Location of community facilities; · Location of district open space; · Location of secondary and tertiary education institutions; · District water management strategy; · Response to environmental features and need for ecological linkages; · Identification of district roads, public transport routes and major cycle paths and pedestrian networks; · Location of major services and infrastructure; · Proposed arrangements for funding and developer contributions; and · Details of staging.
Regarding the reason why Council has opposed the rezoning 'east of the Wanneroo shopping centre' (which is presumably referring to the recently advertised MRS Amendment proposing to rezone a number of lots on Dundebar Road from Rural to Urban Deferred), this is because the proposed rezoning of this small pocket of land was contrary to Council's LPP 5.3, which proposes rezoning of all of the EWSP's, 'potential urban' area to Urban under the MRS, through two MRS amendments. It may be noted that in opposing the Dundebar Road MRS amendment, Council also resolved to advise WAPC that it would support Urban rezoning of all of the EWSP 'potential urban' area.
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Responses to question PQ11-09/14 re Item PS04-09/14 Initiation of Advertising for Amendment No. 140 – Rezoning of Lot 4 & 5 Mornington Drive, Mariginiup
1. Who answers the questions put to Council and who signs off on their grammatical accuracy? To explain, not only were my questions recorded but because of the previous misunderstanding I provided a Word hard copy to the executive officer of the questions I asked. In the response, the word “entities” someone ‘corrected’ to read ‘entitles’, thereby making the question nonsensical and may well be a reason why the answer is nonsensical also.
Response by Mayor Roberts
Responses to questions are prepared and issued by Administration and are signed off by the Director.
Further Response by A/Director Planning and Sustainability
While the question recorded in the Minutes of the Council Meeting of 16 September 2014 uses the word 'entitles', Administration assumed that this was meant to read 'entities', and answered the question on that basis. The answers to the following questions will show that the answer provided was not nonsensical.
2. Can you explain ‘inferred’ boundaries? The only knowledge I have of an inferred boundary is where the land mass is subject to earthquakes and because of the movement of tectonic plates, in other words because the earth moves, the boundaries are inferred.
Response by Mayor Roberts
Question taken on notice.
Further Response by A/Director Planning and Sustainability
The EWSP map (Figure 11 in the EWSP report) does not use a detailed base, with all roads and property boundaries. The locations of the boundaries of the potential urban areas shown on the map therefore need to be inferred in terms of how they may relate to detailed locations of roads and property boundaries.
3. Do inferred boundaries in Wanneroo mean the earth moves in Wanneroo? Or are the boundaries subject to change? Or should I infer the boundaries, in other words make an informed guess where the boundaries are? And furthermore would the boundaries I infer be the same boundaries anyone else in the room would infer?
Response by Mayor Roberts
Question taken on notice.
Further Response by A/Director Planning and Sustainability
Inferring the boundaries involves making an informed assessment as to how they may relate to roads and property boundaries.
The boundaries you might infer might be different to what someone else might infer. That is why the suggestion was made in the answer provided to question 1 of the previous Council Meeting that you allow Administration to show you on a plan where it infers the boundaries to be.
4. The question asked for the areas of both the land entities north of Wanneroo and the area south of Wanneroo that Council wants progressed as a whole and was given quite precise answers, 12.5sq km and 10.5sq km. What boundaries were used to calculate these areas? Were they inferred boundaries or do they really exist?
Response by Mayor Roberts
Question taken on notice.
Further Response by A/Director Planning and Sustainability
The boundaries used are those Administration has inferred from the East Wanneroo Structure Plan.
5. Council want whole land entities to apply for an MRS and the response as to timing was ‘the time would depend on how quickly landowner groups can initiate applications.’ Does Council know how many landowners/groups there are in an area of 12.5sq km and 10.5sq km? As a comment, I live in an area that has only 18 landowners and to reach consensus with that small number is difficult, a bit akin to herding cats. How is it even viable to think landowners in much larger land areas than where I am could reach consensus?
Response by Mayor Roberts
Question taken on notice.
Further Response by A/Director Planning and Sustainability
There are four landowner groups in the 12.5 sq km area north of Dundebar Road, and one substantial landowner group in the 10.5 sq km area south of Dundebar Road. Advice from landowner representatives and their consultants indicates that the LPP 5.3 approach is viable.
6. My previous question 4 asked what are the barriers and problems were that prevented the areas being rezoned. The response was that the State Government and Local Government disagree on process. From that answer it is assumed that there are no groundwater issues, conservation issues, environmental issues, infrastructure, servicing, transport etc issues and that once the ‘process’ problem is resolved it’s all good to go?
Response by Mayor Roberts
Question taken on notice.
Further Response by A/Director Planning and Sustainability
Under the process proposed under LPP 5.3, the first step of that process (rezoning to Urban under the MRS) does not require detailed study of these issues. However, preparation of district structure planning will involve detailed study of the issues referred to above.
7. Finally, the response to my question 6 is a cut and paste of Council’s recommendation to not support the Dundebar Road proposal.
Response by Mayor Roberts
Question taken on notice.
Further Response by A/Director Planning and Sustainability
The answer to your question 6 from the previous Council Meeting is a para-phrasing of points one to five in Administration’s report on the Dundebar Road proposal. This answers your question on this matter. |
Removal of buffer zone, Crown Mushrooms
1. Crown Mushrooms are in receivership and the land is vacant. When can the buffer zone be removed?
Response by A/Director Planning and Sustainability
The property is in receivership and the land has been sold to a new purchaser. It will depend on what the developer wants to do in the future as to whether any buffers would be removed or still be applicable. If there is no mushroom farm operating from the property that buffer would need to be removed. The land is still zoned urban development so further studies would need to be conducted and amendments carried out to the District Planning Scheme and to the Metropolitan Region Scheme before any development could occur on that land and any land similarly zoned.
2. How long is that likely to take?
Response by A/Director Planning and Sustainability
If an amendment to the Metropolitan Region Scheme, District Planning Scheme, structure planning and environmental studies need to be undertaken it could be approximately 3 to 5 years.
3. So we would not be able to sell our property for three to five years? It is very hard to sell a property with a buffer zone on it as it devalues the property by about a third.
Response by A/Director Planning and Sustainability
There is not anything precluding anyone selling their property at any particular time. |
Item MN02-08/14 Cr Brett Treby – Removal of Fig Trees in Russell Road, Madeley - Rescission Motion
1. What is Council doing about finishing the work on these fig trees, 1-15 Russell Road? Reducing the height of the trees as promised by 10-15%, removing the dead wood, damaging cross branches and erecting the root barriers?
Response by Mayor Roberts
Question taken on notice.
Further Response by Director Infrastructure
The following works were recommended by an independent arborist and were conducted over the 22 and 23 September 2014:
· Canopy lift pruning on the southern sides of the trees on the vacant land (6 trees) to begin to balance and shape the trees prior to development. Canopy lifting to sound growth points to approximately 20-25% of the tree on the southern side only was conducted.
· Pruning on the northern sides of the canopies of the 13 trees to remove small epicormic growth which is developing off the main long tall limbs. This reduced the extension growth over the roadway by up to 2m and is recommended to be carried out on an annual basis. This will retain the hedge type pruning practice that has been carried out over a number of years on these trees.
· Deadwood pruned out of all 13 trees in particular Tree 1 (closest to roundabout) based upon safety grounds.
The independent arborist recommended not to reduce the crown any further at this time. The trees will be assessed by the independent arborist again in six months time to determine any further pruning that may be required.
2. What is Council doing about the roots? They are damaging the water meters and reticulation and cracking ceilings and foundations of homes across the road. The root barriers need to be installed.
Response by Mayor Roberts
Question taken on notice.
Further Response by Director Infrastructure
This matter will require further investigation and independent advice to determine if a root barrier is an appropriate treatment.
A sample from a tree root within the property boundary of #1 Russell Road has recently been taken to establish if the root is from the ficus trees on the adjacent verge.
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Item PS04-09/14 Initiation of Advertising for Amendment No. 140 – Rezoning of Lot 4 & 5 Mornington Drive, Mariginiup
A solution was found to satisfy all stake holders in relation to the proposal presented at the last Council meeting which was not carried. The proposal put forward represents .021% of the East Wanneroo Structure Plan area and 1.39% of the total estimated dwellings. Directly behind this land is the RPS Group of landholders and is the subject of an MRS Amendment and is approximately 176ha in area, known as Mariginiup North.
1. Is Council aware that all of the land is directly adjacent to the existing urban area on the western side of Mornington Drive and that the proposal would provide a gradual urban interface with East Wanneroo Structure Plan to the south and east of the site? It is 400m from the new shopping centre.
Response by A/Director Planning and Sustainability
Lots 4 and 5 are adjacent to the urban fringe.
2. Is it possible to get a letter from Administration to acknowledge that it would not be perceived as a ‘dog’s breakfast’ as described by Councillors at the last meeting? If approved it would be an orderly and appropriate planning outcome.
Response by A/Director Planning and Sustainability
Question taken on notice.
Further response by A/Director Planning and Sustainability
The content of this statement is unclear and therefore Administration is not in a position to provide further information.
3. Is Council aware that the surrounding 26 landowners representing that 176ha are supportive of Council approving NLV’s application for rezoning as it would assist their future plans, providing that infrastructure contributions were negotiated between NLV and the City and providing that NLV are committed to a self-managed sewer treatment plant?
Response by Mayor Roberts
Question taken on notice.
NLV were advised by planning staff to wait two years until the new policy was implemented in order to facilitate the application again. Wanneroo Council and WAPC are in a deadlock and Councillors believe WAPC should be responsible for the work required to unlock the urbanisation of the area. WAPC say this should be the responsibility of the collective landowners. NLV seeks support of Council to resubmit at the next meeting with a new proposal offering a solution to the deadlock and provide Council the funding to act in the interests of all landowners in the East Wanneroo Structure Plan area. The solution is for NLV to partner with the Council to pay an advanced infrastructure contribution of $5.2m over the course of the project so Council have earlier capacity to fund the necessary resources within the City on behalf of all owners in this area. This can either be done in stages or holistically. There is no planning restriction on NLV’s land and the funding would flow through to Council within 12 months, at a rate of $1 to $1.5m per year, if the rezoning process was successful.
Response by Mayor Roberts
This is turning into a deputation, please ask a question.
Did ask to meet with your office prior to application but did not receive a response and so this is the only way to present to Council collectively.
Response by Mayor Roberts
Prior to the last Council meeting, detailed emails were sent to all Councillors.
A meeting was requested with your office and it was declined prior to the meeting.
Response by Chief Executive Officer
Judging from the questions and preamble, this is quite a technical proposal to Council. It would be best to first direct this to the Director of Planning and Sustainability who can generate a report for consideration by Council.
That process was followed and staff recommended it but Councillors have overturned that, so this is the only opportunity available to talk to the Councillors.
Response by Mayor Roberts
That is a resolution of Council. Councillors did receive the information via email.
4. NLV is comfortable about negotiating this contribution to seek capital at the rezoning process, not the DA process. Can I ask for a show of hands if you would feel comfortable?
Response by Mayor Roberts
That is entirely inappropriate, Councillors cannot be asked in a Council meeting to have a show of hands. There is an East Wanneroo Structure Plan and there is a policy to help provide certainty to land owners to move forward in East Wanneroo. Council is in a deadlock with the State Government and there is a degree of sensitivity around that.
5. Is Council happy to instruct Planning staff to undertake further discussions so the proposal could be resubmitted to Council in order to make funds available to progress the East Wanneroo Structure Plan?
Response by Mayor Roberts
The Council resolution does not restrict arranging meetings with the Chief Executive Officer or the Directorate.
6. Is Council supportive of NLV resubmitting on the basis of contributing?
Response by Mayor Roberts
Further meetings can be arranged with the Chief Executive Officer and the Directorate. |
Item CD03-10/14 Oldham Reserve Changeroom Extension Project - Update
Everyone thanks Administration for the recommendation in tonight’s report and hope that Councillors are supportive of the recommendation. Will the building still happen quickly, although it is realised that it may be unrealistic prior to the start of the football season. Will the urgency still be there?
Response by Mayor Roberts
Yes, the City understands the urgency and the processes that have to be gone through prior to the construction of the facility.
Response by Manager Program Services
Changes to the recommendation of the report will not affect the project timeframe. Administration will continue to work towards providing the facility as soon as possible. |
Item PS06-10/14 Reconsideration of Conditions - Development Application for 'Industry - Extractive' at Lot 52 (90) Nowergup Road, Nowergup
1. At the moment, Lime Industries have about four types of fencing. They have security fencing as part of the conditions, including the fencing adjoining the gates, but further down they propose to put safety ‘farm-type’ fencing in. What is farm-type fencing? How far apart will the poles be and how high?
Response by A/Director Planning and Sustainability
Farm type fencing would be described as rural fencing, like post and rail as opposed to security fencing such as a link mesh fence.
2. The next fencing is concept fencing and signage which is in fact no fencing as there is too much bush, but if a fire went through and destroys the bush, there will be no fencing. It appears that the total amount of fencing is approximately 2-3,000m and of that the security fencing will be on either side of the gates, accounting for about 40m?
Response by A/Director Planning and Sustainability
If a fire went through the area the City would pursue the land owners to install some additional fencing.
3. Is Administration aware that someone broke into the property in the last three months and entered through a neighbouring property and went through a farm fence, which was not secure?
Response by Mayor Roberts
Take that as a statement. If the fence was to be erected would additional bushland need to be cleared?
Response by A/Director Planning and Sustainability
If fencing was required to be installed, some bushland would need to be cleared. The plan in the Agenda does indicate where fencing is proposed to be installed or reinstated and improved. There are some sections where no fencing is proposed due to the topography of the land and existing vegetation.
4. It appears the company is doing things on the cheap and putting “wealth before health”.
Response by Mayor Roberts
Take that as a statement. |
Item 4 Confirmation of Minutes
Moved Cr Newton, Seconded Cr Parker
That the minutes of the Special Council Meeting held on 7 October 2014 be confirmed.
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Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
Nil
Cr Treby presented a petition of 40 signatories from the public and residents of the Chianti Estate, Wanneroo Road, requesting the completion of the walk/cycle path to be continued from the southern end of Solaia Loop through to the northern end where the path starts again behind Contis winery.
Update
The dual use path (DUP) located within the Yellagonga Park reserve is identified in the Yellagonga Management Plan (YMP) and the Department of Parks and Wildlife (DPAW) (formerly DEC) has constructed sections within the existing reserve (that is; MRS Parks and Recreation reserve south of Woodvale Agreed Structure Plan No. 64 (ASP 64)). ASP 64 required a Landscape Masterplan, which was prepared and identifies the DUP in a manner consistent with the YMP. ASP 64 requires that subdividers prepare a wetland rehabilitation plan and construct the DUP to the satisfaction of the DPAW and the City and this has occurred for the northern section, however the southern section has not been constructed and this is understood to be due to a receivership matter that has delayed the development and release of further stages of the subdivision with the area. Further development including the rehabilitation of the wetland buffer (inclusive of the DUP) will be delayed pending the resolution of the receivership matter. Administration understands that the affected land is currently for sale. It is anticipated that once the land is sold the development of the area will continue and the City will pursue the completion of the works in due course with the future landowner. |
Cr Treby presented a petition of 19 residents of Vandia Pass and Trojan Bend objecting to the proposal to delete two east-west roads connecting Vandia Pass and Trojan Bend with Cheltondale Drive as per proposed Amendment No. 36 to East Wanneroo Cell 6 Agreed Structure Plan No. 8.
Update
The applicant is proposing amendments to the East Wanneroo Cell 6 Agreed Structure Plan No. 8, which will be advertised for public comment in the near future and prior to any consideration by the City.
The matter will be presented to a Council Meeting later this year or early in 2015 if objections are received that are unable to be addressed by the applicant through further modifications to the Structure Plan. If no objections are received or the objections received are able to be addressed, the matter may be determined under delegated authority by City Administration without being presented to Council for determination. |
Cr Cvitan presented a petition of 25 signatories who all reside in the Crown Mushroom buffer area requesting a moratorium on the proposed Intensive Amendment to DA2012/1349, regarding DA20144-1042, 163 Belgrade Road".
Update
The City has requested further information from the proponent before being able to progress the above development application for additional works at the property. Until the information is received no further action will be taken by the City on this development application. It is unknown at this stage if and when this development application will be presented to Council. Should the additional information requested be provided and should it address matters that have been raised, the development application may be able to be determined under delegated authority by City Administration without being presented to Council. |
Cr Hewer presented a petition from 11 residents of the Eglinton area requesting that their rates be reduced significantly due to not receiving the amenities being paid for.
Update
The City's Rating Service has reviewed the petition list and are preparing the explanation of the rates charged for these properties. The City is currently arranging some site inspections on a few properties on the list so as to determine their current purpose of the land. It is anticipated that a report in response to this petition will go to Council's 11 November meeting. |
Cr Newton presented a petition (not in the usual format) of 92 petitioners requesting the installation of footpaths to both sides of Ashley Road and Waldburg Drive, Tapping due to speeding motorists.
Update
A report will be presented to the 11 November 2014 Council meeting. |
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 Treby declared an indirect financial interest in Item PS05-10/14 due to the legal advisor engaged by the City in these matters being the same advisor he has engaged to assist in a family matter.
Cr Winton declared a proximity interest in Item PS06-10/14 due to owning and residing on an adjacent property in Gibbs Road, Nowergup.
Cr Aitken declared a conflict of interest in Item PS06-10/14 due to a close mentor being involved with WA Limestone.
Cr Treby declared an indirect financial interest in Item PS05-10/14 due to the legal advisor engaged by the City in these matters being the same advisor he has engaged to assist in a family matter and left Chambers at 7:57pm.
Cr Winton declared a proximity interest in Item PS06-10/14 due to owning and residing on an adjacent property in Gibbs Road, Nowergup.
Cr Aitken declared a conflict of interest in Item PS06-10/14 due to a close mentor being involved with WA Limestone.
Crs Winton and Aitken left Chambers at 8:19pm.
PS06-10/14 Reconsideration of Conditions - Development Application for 'Industry - Extractive' at Lot 52 (90) Nowergup Road, Nowergup File Ref: DEV11/1122 – 14/93764 Responsible Officer: A/Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Moved Cr Zappa, Seconded Cr Parker That Council:-
1. ADVISES TME Town Planning Management and Engineering and the State Administrative Tribunal that, pursuant to Section 31 of the State Administrative Tribunal Act 2004, Council has reconsidered its decision of 17 December 2013 relating to the application for an 'Industry – Extractive' (and ancillary earthmoving equipment training) at Lot 52 (90) Nowergup Road, Nowergup and RESOLVES to set aside its previous decision (SPS01-12/13), and APPROVE the revised 'Industry – Extractive' proposal subject to the following conditions:
Terms of this Approval
a) This approval does not permit activities pertaining to “earthmoving equipment training” to be carried out on Lot 52;
b) Subject to the following paragraphs (i) to (iii), this approval shall be valid for a total period of 10 years expiring on 10 December 2023 consisting of two consecutive 5-year periods from the date of issue.
(i) At least 12 months (but not more than 18 months) prior to the end of the first 5 year period of this approval (expiring on 10 December 2018), the landowner shall submit to the City of Wanneroo a report (Compliance Report) outlining compliance with the conditions subject to this approval.
(ii) With the aid of the Compliance Report, the Manager Planning Implementation shall within six months of receiving the Compliance Report, review the landowner's compliance with these conditions (including compliance with any associated plan, permit or direction).
(iii) If the Manager Planning Implementation forms the view (acting reasonably) that the Compliance Report is satisfactory, or if the Manager Planning Implementation does not complete their review within six months of receiving the Compliance Report, the second 5 year period of this approval will commence from the later date of either:
· the expiry of the first five year period; or
· the date 6 months from when the Compliance Report is submitted;
c) If the Manager Planning Implementation forms the view under condition (b)(ii) above (acting reasonably) that the Compliance Report is unsatisfactory or that the landowner's compliance with these conditions is unsatisfactory:
(i) The Manager Planning Implementation shall as soon as possible inform the landowner in writing of the matters considered to be unsatisfactory;
(ii) If those matters are addressed by the landowner to the satisfaction of the Manager Planning Implementation (acting reasonably) prior to the expiry of the first 5 year period, then the second 5 year period will commence in accordance with condition (b)(iii) above;
(iii) Otherwise, the second 5 year period referred to in condition (b) above will not commence unless further planning approval is sought and obtained and all structures, plant, machinery, equipment and other material erected on Lot 52 pursuant to this approval shall be removed no later than 30 June 2019 and the site rehabilitated as outlined in this approval;
Lapsing Period
d) Notwithstanding condition (b) and (c) above, if the development the subject of this approval is not substantially commenced within a period of 24 months from the date of approval, the approval shall lapse and be of no further effect. Where an approval has lapsed, no further development shall be carried out without the further approval of the City having first been sought and obtained;
Boundaries of the Disturbance Area
e) All clearing of vegetation and operations relating to this approval shall be confined within the boundaries of the proposed pits (the Disturbance Area), as indicated on the site plan included as Attachment 1 (Site Plan). No other areas of Lot 52 shall be utilised in a manner subject to this approval without the further planning approval of the City;
Vegetation
f) All necessary permits, licences and permissions (which may include a licence issued under the Wildlife Conservation Act 1950 and/or a permit issued under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004) are to be obtained prior to the commencement of works related to the clearing of vegetation;
Hours of Operation
g) Unless alternative hours are agreed to in writing by Council, the hours of operation for the approved development shall be as follows:
(i) Crushing shall be limited to 0700 – 1700 hours, Monday to Friday (excluding public holidays);
(ii) Loading and movement of trucks into and out of the Site shall be limited to 0700 – 1700 hours, Monday to Friday and 0700 – 1200 on Saturday (excluding public holidays); and
(iii) Clearing, establishment, excavation works and all other operations not referred to in paragraphs (i) and (ii) shall be limited to 0700 – 1700 hours, Monday to Friday and 0700 – 1200 on Saturday (excluding public holidays);
Environmental Management Plan
h) Development on the subject site shall comply in all respects and at all times with the Environmental Management Plan included as Attachment 2, and the conditions of this approval;
i) In the event of any inconsistency between these conditions and the Environmental Management Plan, the conditions of Planning Approval will prevail to the extent of any inconsistency;
j) Any cutting, grinding, chipping or mulching of trade waste vegetation to be utilised for soil stabilisation or dust suppression on the site shall at all times occur within the Disturbance Area. Unless agreed to in writing by the Manager Planning Implementation, trade waste vegetation not utilised on the site shall be disposed of at a landfill site that is acceptable in the opinion of the Manager Planning Implementation;
Geotechnical Risk Assessment and Karstic Features Management Plan
k) Within 90 days of the completion of excavation operations (or within such other period approved by the Manager of Planning Implementation in writing), the landowner shall carry out a geophysical assessment of the excavated floor levels of the site, including the use of ground penetrating radar, to the satisfaction of the City, to verify that there are no adverse stability issues related to the limestone that may compromise future land use;
(i) all excavation operations in the area potentially affected by the cavity shall immediately cease and must not recommence:
A. until paragraph (ii) of this condition (l) is complied with; and
B. other than in accordance with paragraph (iii) of this condition (l);
(ii) the landowner shall promptly obtain a geotechnical risk assessment of the affected areas from a suitably qualified and experienced geotechnical engineer or engineering geologist (Geotechnical Risk Assessment). The Geotechnical Risk Assessment is to, without limitation:
A. define the area affected by the cavity identified; B. analyse the risks to human health and property arising from the operations on Lot 52;
C. outline the management strategies and investigations required to reduce the risks to human health and property arising from the operations on Lot 52 to acceptable levels; D. contain a conclusion regarding whether it is safe for excavation operations to recommence within the area affected by cavities, and if so, the conditions on which those operations should be recommenced; and E. be provided in draft to the City and, in the event that the City makes comments on the Geotechnical Risk Assessment, the final Geotechnical Risk Assessment is to take those comments into account;
(iii) the landowner must comply in all respects with the Geotechnical Risk Assessment;
m) Within 7 days of a request being made by the City, the landowner must provide the City with copies of its records containing the results of the inspections undertaken pursuant to condition (l);
n) Prior to undertaking any excavation on Lot 52, the landowner shall obtain the City’s written approval of a karstic features management plan for the protection of the environmental and ecological values of the karstic features within the subject site (the Karstic Features Management Plan). The Karstic Features Management Plan is to be prepared in accordance with the policies authored or endorsed by the Environment Protection Authority, including but not limited to Environmental Guidance for Planning and Development (Guidance Statement 33) 2008;
o) Development on the subject site shall comply in all respects and at all times with the:
(i) The Site Plan included as Attachment 1, including so that:
A. no excavation within the 'proposed pit' occurs below the levels prescribed; and
B. no heavy machinery is operated on the top of the quarry face;
(ii) Karstic Features Management Plan; and
(iii) Geotechnical Risk Assessment, if required by condition (l);
The Geotechnical Risk Assessment is to Prevail
p) In the event of an inconsistency between the Geotechnical Risk Assessment and any condition within, or document referred to in, this approval, the Geotechnical Risk Assessment is to prevail to the extent of that inconsistency;
Predictive Contour Plan and Rehabilitation Plan
q) Within 12 months of this approval and thereafter on an annual basis, the landowner shall submit a Predictive Contour Plan and Rehabilitation Plan, to illustrate the intended depth and direction of excavation and extent of rehabilitation in the coming 12-month period;
r) The Disturbance Area shall be progressively rehabilitated when final contour levels and grades for each stage are achieved and within 12 months of the closure of each stage. Such rehabilitation shall be in accordance with an endorsed Rehabilitation Plan;
Post Expiration of this Approval
s) Within six months following the expiration of this approval the landowner shall provide the City a detailed feature and contour survey of the site, and a geotechnical, compaction and stabilisation certification of the excavated floor of each stage;
Ancillary Facilities
t) All ancillary facilities, such as (but not limited to) ablution and lunchroom facilities shall be provided on the site prior to the commencement of operations. Such facilities may be provided outside the Disturbance Area, provided that the development of these facilities would not result in a loss of vegetation that is deemed unacceptable by the Manager Planning Implementation;
Access u) Access to Lot 52 shall be from Nowergup Road and via a sealed crossover, which:
(i) is designed and constructed to the City's specifications; and
(ii) aligns with the access road referred to in condition (v);
v) The access road from Nowergup Road to Lot 52 shall be modified to avoid any encroachment onto adjoining land. The access road from the intersection with Nowergup Road shall be constructed and sealed to ensure dust emissions from machinery and traffic are minimised;
w) The route for all haulage vehicles entering and leaving the site shall be via Nowergup Road. Haulage vehicles shall not enter or exit the site:
(i) from Dunstan Road; or
(ii) via Gibbs Road;
Noise Management
x) The landowner shall ensure that all approved activities are in accordance with the noise management, suppression and mitigation measures contained in the Noise Management Plan (included as Attachment 4) and ensure that the requirements of the Environmental Protection (Noise) Regulations 1997 are complied with at all times;
y) If at any time compliance with the Environmental Protection (Noise) Regulations 1997 cannot be maintained; the operations on site shall immediately cease until such time that operations can comply with the aforementioned Regulations;
z) Within six months of commencement of extraction operations, the landowner shall commission a consultant to assess noise emissions and verify compliance with the Noise Management Plan and requirements of the Environmental Protection (Noise) Regulations and shall submit that consultant’s report to the City. Any recommendations contained in the report shall be undertaken by the landowner within 3 months of the date of the report;
aa) To ensure that the amenity of nearby residences is not unduly interfered with, vehicles, equipment and machinery used on the site (other than trucks collecting limestone or sand from the site) must not use reversing alarms unless those alarms are required for the safe conduct of operations on the site (in accordance with the provisions of the Occupational Safety and Health Regulations 1996 and the Environmental Protection (Noise) Regulations 1997);
bb) Any reversing alarm on any vehicle, piece of equipment or machinery shall be broad-band reversing alarms;
cc) In addition to any other condition, if an officer of the City inspects the site and is satisfied that any of the operations on the site are generating an unreasonable amount of noise, or that any of those operations are not compliant with any of the conditions relating to noise emissions (including non-compliance with the noise management measures contained in the Noise Management Plan), the City may issue a direction requiring any of the following:
(i) Noise monitoring;
(ii) Submission of a noise assessment;
(iii) Submission of an amended noise management plan and implementation of that plan;
(iv) The activities on the site brought into compliance with this approval;
In this condition 'an unreasonable amount of noise' means noise which exceeds the levels assigned by the Environmental Protection (Noise) Regulations 1997.
dd) Crushing of materials shall only occur in the Disturbance Area, which shall be shielded by one or more of the following:
(i) the slopes of natural landforms as they exist prior to the landowner commencing the development subject to this approval; and/or
(ii) constructed bunds, stockpiles and other features as described in the Noise Management Plan;
Complaints and Annual Report
ee) The landowner shall:
(i) Keep a complaints log in which the following is to be recorded:
A. the date and time, where relevant, of each complaint made and received;
B. the means (telephone, email or mail) by which the complaint was made;
C. any personal details of the complainant that were provided or, if no details were provided, a note to that effect;
D. the nature of the complaint (including a description of the operations and the equipment to which the complaint relates);
E. the steps or actions taken in, and the timing of, the response to each complaint, including any follow up contact with the complainant; and
F. if no actions or steps were taken in relation to the complaint/enquiry, the reason(s) why no actions or steps were taken;
(ii) respond as soon as possible, and in any event within three working days, to any complaint received and provide the City with a copy of the response; and
(iii) provide the complaints' log to the City, together with a copy of any complaints received and its response upon request; ff) By 31 July each year, a report (Annual Report) shall be submitted to the City that includes, in respect of the period from 1 July to 30 June of the year in question:
(i) the progress of the excavation activities;
(ii) production levels;
(iii) the progress of rehabilitation undertaken and completed;
(iv) the measures taken to suppress and minimise dust;
(v) the measures taken to suppress and minimise noise;
(vi) the number and type of community complaints and responses, and whether and how such complaints have been resolved;
(vii) results of noise, dust and bore monitoring;
(viii) a report on the actions taken to ensure compliance with condition (l); and
(ix) the results of any investigations or monitoring required by the Karstic Features Management Plan;
Department Licence
gg) If required, a licence from the Department of Environment Regulation, in accordance with the Environmental Protection Act 1986 and Environmental Protection Regulations 1987 in respect of the:
(i) the site as a prescribed premises for quarrying operations; and
(ii) the use of the crusher on the site for quarrying operations,
must be obtained prior to the commencement of the quarry, crushing or screening operations on site;
Miscellaneous
hh) All activities pertaining to any vehicle or equipment wash-down or servicing shall be confined to a wash down area with a pollutant trap within the Disturbance Area, which shall be provided before any vehicle or equipment wash-down or servicing commences on the site;
ii) No explosives shall be stored on Lot 52 and no blasting shall be carried out without the written approval of the Manager Planning Implementation;
jj) Prior to the commencement of development, the landowner shall install and maintain fencing and signage in accordance with the 'Concept Fencing and Signage Plan' (included as Attachment 3), to ensure the security and safety of the operational areas within Lot 52;
kk) Subject to conditions (ll) and (mm) below, unless otherwise approved by the City in writing, no peat, landfill, soil, chemical or other substance or material is to be brought onto Lot 52 for the purposes of:
(i) filling the land to achieve the approved finished floor levels; or
(ii) manufacturing products or materials from the limestone extracted; or
(iii) storage or stockpiling;
ll) Reasonable quantities of the following materials and substances may be brought onto Lot 52 for the sole purpose of blending with the limestone extracted from Lot 52 for the purpose of manufacturing agricultural lime in accordance with this approval:
(i) Calcium hydroxide;
(ii) Calcium carbonate; and
(iii) Molasses; and
mm) The landowner may store on the site the agricultural lime produced by blending the limestone extracted from the site with one or more of the materials and substances referred to in condition (ll), or such other materials approved by the City pursuant to condition (kk), in such quantities as is reasonably required to meet the market demand for its product.
nn) For the avoidance of doubt, all conditions of this approval regarding the rehabilitation, closure and future use of the site, or which otherwise requires works to be undertaken following the expiry of this approval, are enforceable notwithstanding the expiration of the approval.
2. Subject to 1. above, ADVISES the applicant that:
a) In relation to various conditions contained within item 1. above, the term 'Disturbance Area' refers to the portion of Lot 52 where bounded by the 'Proposed Stage Boundaries' indicated on the site plan included in Attachment 1;
b) Development subject of this approval should only be operated while the landowner/operator holds a licence approved under the City of Wanneroo Extractive Industries Local Law 1998 (Extractive Industry Licence);
c) If the Manager Planning Implementation forms the view (acting reasonably) that any matter identified in the Annual Report is unsatisfactory, the Manager Planning Implementation shall notify the landowner in writing of that matter and may also give direction as to how that matter may be addressed. Details of the landowner’s response to any such notification shall be included in the Compliance Report referred to in item 1(b) above, as well as the Complaints Log and the Annual Report;
d) A reference to legislation or policy includes a reference to that legislation or policy as amended or replaced from time to time; and
e) If required, a licence must be obtained prior to the commencement of the approved development on Lot 52 from the Department of Water, in accordance with the Rights in Water and Irrigation Act 1914 (WA), in respect of the installation of bores;
3. ADVISES submitters of the decision as outlined in item 1, above; and
4. ADVISES the following agencies of its decision outlined in Item 1, above:
a) The Western Australian Planning Commission; b) The Department of Environment Regulation; c) The Environmental Protection Authority; and d) The Department of Water.
Amendment
Moved Cr Newton, Seconded Cr Guise
Recommendation 1. under Miscellaneous Item (kk) be amended to remove reference to Condition (ll) and (mm) and item (nn) be re-numbered as item (ll). Items ll) and mm) to be deleted.
kk)
(i) filling the land to achieve the approved finished floor levels; or
(ii) manufacturing products or materials from the limestone extracted; or
(iii) storage or stockpiling;
Substantive Motion as Amended
That Council:-
1. ADVISES TME Town Planning Management and Engineering and the State Administrative Tribunal that, pursuant to Section 31 of the State Administrative Tribunal Act 2004, Council has reconsidered its decision of 17 December 2013 relating to the application for an 'Industry – Extractive' (and ancillary earthmoving equipment training) at Lot 52 (90) Nowergup Road, Nowergup and RESOLVES to set aside its previous decision (SPS01-12/13), and APPROVE the revised 'Industry – Extractive' proposal subject to the following conditions:
Terms of this Approval
a) This approval does not permit activities pertaining to “earthmoving equipment training” to be carried out on Lot 52;
b) Subject to the following paragraphs (i) to (iii), this approval shall be valid for a total period of 10 years expiring on 10 December 2023 consisting of two consecutive 5-year periods from the date of issue.
(i) At least 12 months (but not more than 18 months) prior to the end of the first 5 year period of this approval (expiring on 10 December 2018), the landowner shall submit to the City of Wanneroo a report (Compliance Report) outlining compliance with the conditions subject to this approval.
(ii) With the aid of the Compliance Report, the Manager Planning Implementation shall within six months of receiving the Compliance Report, review the landowner's compliance with these conditions (including compliance with any associated plan, permit or direction).
(iii) If the Manager Planning Implementation forms the view (acting reasonably) that the Compliance Report is satisfactory, or if the Manager Planning Implementation does not complete their review within six months of receiving the Compliance Report, the second 5 year period of this approval will commence from the later date of either:
· the expiry of the first five year period; or
· the date 6 months from when the Compliance Report is submitted;
c) If the Manager Planning Implementation forms the view under condition (b)(ii) above (acting reasonably) that the Compliance Report is unsatisfactory or that the landowner's compliance with these conditions is unsatisfactory:
(i) The Manager Planning Implementation shall as soon as possible inform the landowner in writing of the matters considered to be unsatisfactory;
(ii) If those matters are addressed by the landowner to the satisfaction of the Manager Planning Implementation (acting reasonably) prior to the expiry of the first 5 year period, then the second 5 year period will commence in accordance with condition (b)(iii) above;
(iii) Otherwise, the second 5 year period referred to in condition (b) above will not commence unless further planning approval is sought and obtained and all structures, plant, machinery, equipment and other material erected on Lot 52 pursuant to this approval shall be removed no later than 30 June 2019 and the site rehabilitated as outlined in this approval;
Lapsing Period
d) Notwithstanding condition (b) and (c) above, if the development the subject of this approval is not substantially commenced within a period of 24 months from the date of approval, the approval shall lapse and be of no further effect. Where an approval has lapsed, no further development shall be carried out without the further approval of the City having first been sought and obtained;
Boundaries of the Disturbance Area
e) All clearing of vegetation and operations relating to this approval shall be confined within the boundaries of the proposed pits (the Disturbance Area), as indicated on the site plan included as Attachment 1 (Site Plan). No other areas of Lot 52 shall be utilised in a manner subject to this approval without the further planning approval of the City;
Vegetation
f) All necessary permits, licences and permissions (which may include a licence issued under the Wildlife Conservation Act 1950 and/or a permit issued under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004) are to be obtained prior to the commencement of works related to the clearing of vegetation;
Hours of Operation
g) Unless alternative hours are agreed to in writing by Council, the hours of operation for the approved development shall be as follows:
(i) Crushing shall be limited to 0700 – 1700 hours, Monday to Friday (excluding public holidays);
(ii) Loading and movement of trucks into and out of the Site shall be limited to 0700 – 1700 hours, Monday to Friday and 0700 – 1200 on Saturday (excluding public holidays); and
(iii) Clearing, establishment, excavation works and all other operations not referred to in paragraphs (i) and (ii) shall be limited to 0700 – 1700 hours, Monday to Friday and 0700 – 1200 on Saturday (excluding public holidays);
Environmental Management Plan
h) Development on the subject site shall comply in all respects and at all times with the Environmental Management Plan included as Attachment 2, and the conditions of this approval;
i) In the event of any inconsistency between these conditions and the Environmental Management Plan, the conditions of Planning Approval will prevail to the extent of any inconsistency;
j) Any cutting, grinding, chipping or mulching of trade waste vegetation to be utilised for soil stabilisation or dust suppression on the site shall at all times occur within the Disturbance Area. Unless agreed to in writing by the Manager Planning Implementation, trade waste vegetation not utilised on the site shall be disposed of at a landfill site that is acceptable in the opinion of the Manager Planning Implementation;
Geotechnical Risk Assessment and Karstic Features Management Plan
k) Within 90 days of the completion of excavation operations (or within such other period approved by the Manager of Planning Implementation in writing), the landowner shall carry out a geophysical assessment of the excavated floor levels of the site, including the use of ground penetrating radar, to the satisfaction of the City, to verify that there are no adverse stability issues related to the limestone that may compromise future land use;
l) The landowner must ensure that a person who is competent and experienced in identifying karst features shall carry out inspections of the faces and floors of the excavation areas on a daily basis during excavation operations and record the results. If any evidence of a cavity is identified:
(i) all excavation operations in the area potentially affected by the cavity shall immediately cease and must not recommence:
A. until paragraph (ii) of this condition (l) is complied with; and
B. other than in accordance with paragraph (iii) of this condition (l);
(ii) the landowner shall promptly obtain a geotechnical risk assessment of the affected areas from a suitably qualified and experienced geotechnical engineer or engineering geologist (Geotechnical Risk Assessment). The Geotechnical Risk Assessment is to, without limitation:
A. define the area affected by the cavity identified; B. analyse the risks to human health and property arising from the operations on Lot 52; C. outline the management strategies and investigations required to reduce the risks to human health and property arising from the operations on Lot 52 to acceptable levels; D. contain a conclusion regarding whether it is safe for excavation operations to recommence within the area affected by cavities, and if so, the conditions on which those operations should be recommenced; and E. be provided in draft to the City and, in the event that the City makes comments on the Geotechnical Risk Assessment, the final Geotechnical Risk Assessment is to take those comments into account;
(iii) the landowner must comply in all respects with the Geotechnical Risk Assessment;
m) Within 7 days of a request being made by the City, the landowner must provide the City with copies of its records containing the results of the inspections undertaken pursuant to condition (l);
n) Prior to undertaking any excavation on Lot 52, the landowner shall obtain the City’s written approval of a karstic features management plan for the protection of the environmental and ecological values of the karstic features within the subject site (the Karstic Features Management Plan). The Karstic Features Management Plan is to be prepared in accordance with the policies authored or endorsed by the Environment Protection Authority, including but not limited to Environmental Guidance for Planning and Development (Guidance Statement 33) 2008;
o) Development on the subject site shall comply in all respects and at all times with the:
(i) The Site Plan included as Attachment 1, including so that:
A. no excavation within the 'proposed pit' occurs below the levels prescribed; and
B. no heavy machinery is operated on the top of the quarry face;
(ii) Karstic Features Management Plan; and
(iii) Geotechnical Risk Assessment, if required by condition (l);
The Geotechnical Risk Assessment is to Prevail
p) In the event of an inconsistency between the Geotechnical Risk Assessment and any condition within, or document referred to in, this approval, the Geotechnical Risk Assessment is to prevail to the extent of that inconsistency;
Predictive Contour Plan and Rehabilitation Plan
q) Within 12 months of this approval and thereafter on an annual basis, the landowner shall submit a Predictive Contour Plan and Rehabilitation Plan, to illustrate the intended depth and direction of excavation and extent of rehabilitation in the coming 12-month period;
r) The Disturbance Area shall be progressively rehabilitated when final contour levels and grades for each stage are achieved and within 12 months of the closure of each stage.
Such rehabilitation shall be in accordance with an endorsed Rehabilitation Plan;
Post Expiration of this Approval
s) Within six months following the expiration of this approval the landowner shall provide the City a detailed feature and contour survey of the site, and a geotechnical, compaction and stabilisation certification of the excavated floor of each stage;
Ancillary Facilities
t) All ancillary facilities, such as (but not limited to) ablution and lunchroom facilities shall be provided on the site prior to the commencement of operations. Such facilities may be provided outside the Disturbance Area, provided that the development of these facilities would not result in a loss of vegetation that is deemed unacceptable by the Manager Planning Implementation;
Access u) Access to Lot 52 shall be from Nowergup Road and via a sealed crossover, which:
(i) is designed and constructed to the City's specifications; and
(ii) aligns with the access road referred to in condition (v);
v) The access road from Nowergup Road to Lot 52 shall be modified to avoid any encroachment onto adjoining land. The access road from the intersection with Nowergup Road shall be constructed and sealed to ensure dust emissions from machinery and traffic are minimised;
w) The route for all haulage vehicles entering and leaving the site shall be via Nowergup Road. Haulage vehicles shall not enter or exit the site:
(i) from Dunstan Road; or
(ii) via Gibbs Road;
Noise Management
x) The landowner shall ensure that all approved activities are in accordance with the noise management, suppression and mitigation measures contained in the Noise Management Plan (included as Attachment 4) and ensure that the requirements of the Environmental Protection (Noise) Regulations 1997 are complied with at all times;
y) If at any time compliance with the Environmental Protection (Noise) Regulations 1997 cannot be maintained; the operations on site shall immediately cease until such time that operations can comply with the aforementioned Regulations;
z) Within six months of commencement of extraction operations, the landowner shall commission a consultant to assess noise emissions and verify compliance with the Noise Management Plan and requirements of the Environmental Protection (Noise) Regulations and shall submit that consultant’s report to the City. Any recommendations contained in the report shall be undertaken by the landowner within 3 months of the date of the report;
aa) To ensure that the amenity of nearby residences is not unduly interfered with, vehicles, equipment and machinery used on the site (other than trucks collecting limestone or sand from the site) must not use reversing alarms unless those alarms are required for the safe conduct of operations on the site (in accordance with the provisions of the Occupational Safety and Health Regulations 1996 and the Environmental Protection (Noise) Regulations 1997);
bb) Any reversing alarm on any vehicle, piece of equipment or machinery shall be broad-band reversing alarms;
cc) In addition to any other condition, if an officer of the City inspects the site and is satisfied that any of the operations on the site are generating an unreasonable amount of noise, or that any of those operations are not compliant with any of the conditions relating to noise emissions (including non-compliance with the noise management measures contained in the Noise Management Plan), the City may issue a direction requiring any of the following:
(i) Noise monitoring;
(ii) Submission of a noise assessment;
(iii) Submission of an amended noise management plan and implementation of that plan;
(iv) The activities on the site brought into compliance with this approval;
In this condition 'an unreasonable amount of noise' means noise which exceeds the levels assigned by the Environmental Protection (Noise) Regulations 1997.
dd) Crushing of materials shall only occur in the Disturbance Area, which shall be shielded by one or more of the following:
(i) the slopes of natural landforms as they exist prior to the landowner commencing the development subject to this approval; and/or
(ii) constructed bunds, stockpiles and other features as described in the Noise Management Plan;
Complaints and Annual Report
ee) The landowner shall:
(i) Keep a complaints log in which the following is to be recorded:
A. the date and time, where relevant, of each complaint made and received;
B. the means (telephone, email or mail) by which the complaint was made;
C. any personal details of the complainant that were provided or, if no details were provided, a note to that effect;
D. the nature of the complaint (including a description of the operations and the equipment to which the complaint relates);
E. the steps or actions taken in, and the timing of, the response to each complaint, including any follow up contact with the complainant; and
F. if no actions or steps were taken in relation to the complaint/enquiry, the reason(s) why no actions or steps were taken;
(ii) respond as soon as possible, and in any event within three working days, to any complaint received and provide the City with a copy of the response; and
(iii) provide the complaints' log to the City, together with a copy of any complaints received and its response upon request;
ff) By 31 July each year, a report (Annual Report) shall be submitted to the City that includes, in respect of the period from 1 July to 30 June of the year in question:
(i) the progress of the excavation activities;
(ii) production levels;
(iii) the progress of rehabilitation undertaken and completed;
(iv) the measures taken to suppress and minimise dust;
(v) the measures taken to suppress and minimise noise;
(vi) the number and type of community complaints and responses, and whether and how such complaints have been resolved;
(vii) results of noise, dust and bore monitoring;
(viii) a report on the actions taken to ensure compliance with condition (l); and
(ix) the results of any investigations or monitoring required by the Karstic Features Management Plan;
Department Licence
gg) If required, a licence from the Department of Environment Regulation, in accordance with the Environmental Protection Act 1986 and Environmental Protection Regulations 1987 in respect of the:
(i) the site as a prescribed premises for quarrying operations; and
(ii) the use of the crusher on the site for quarrying operations,
must be obtained prior to the commencement of the quarry, crushing or screening operations on site;
Miscellaneous
hh) All activities pertaining to any vehicle or equipment wash-down or servicing shall be confined to a wash down area with a pollutant trap within the Disturbance Area, which shall be provided before any vehicle or equipment wash-down or servicing commences on the site;
ii) No explosives shall be stored on Lot 52 and no blasting shall be carried out without the written approval of the Manager Planning Implementation;
jj) Prior to the commencement of development, the landowner shall install and maintain fencing and signage in accordance with the 'Concept Fencing and Signage Plan' (included as Attachment 3), to ensure the security and safety of the operational areas within Lot 52;
kk) No peat, landfill, soil, chemical or other substance or material is to be brought onto Lot 52 for the purposes of:
(i) filling the land to achieve the approved finished floor levels; or
(ii) manufacturing products or materials from the limestone extracted; or
(iii) storage or stockpiling;
ll) For the avoidance of doubt, all conditions of this approval regarding the rehabilitation, closure and future use of the site, or which otherwise requires works to be undertaken following the expiry of this approval, are enforceable notwithstanding the expiration of the approval.
2. Subject to 1. above, ADVISES the applicant that:
a) In relation to various conditions contained within item 1. above, the term 'Disturbance Area' refers to the portion of Lot 52 where bounded by the 'Proposed Stage Boundaries' indicated on the site plan included in Attachment 1;
b) Development subject of this approval should only be operated while the landowner/operator holds a licence approved under the City of Wanneroo Extractive Industries Local Law 1998 (Extractive Industry Licence);
c) If the Manager Planning Implementation forms the view (acting reasonably) that any matter identified in the Annual Report is unsatisfactory, the Manager Planning Implementation shall notify the landowner in writing of that matter and may also give direction as to how that matter may be addressed. Details of the landowner’s response to any such notification shall be included in the Compliance Report referred to in item 1(b) above, as well as the Complaints Log and the Annual Report;
d) A reference to legislation or policy includes a reference to that legislation or policy as amended or replaced from time to time; and
e) If required, a licence must be obtained prior to the commencement of the approved development on Lot 52 from the Department of Water, in accordance with the Rights in Water and Irrigation Act 1914 (WA), in respect of the installation of bores;
3. ADVISES submitters of the decision as outlined in item 1, above; and
4. ADVISES the following agencies of its decision outlined in Item 1, above:
a) The Western Australian Planning Commission; b) The Department of Environment Regulation; c) The Environmental Protection Authority; and d) The Department of Water.
That the substantive motion was put as amended and CARRIED UNANIMOUSLY
Crs Winton and Aitken returned to Chambers at 8:29pm. |
CITY OF WANNEROO Agenda OF Ordinary Council Meeting 14 October, 2014 195
Other Matters
File Ref: 14541 – 14/166883 Responsible Officer: A/Director Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Recommendation That Council:-
1. NOTES the submissions received as summarised in Attachment 2 in respect to the proposed closure of a portion of the pedestrian access way formally known as Lot 56 (15P) Clyde Court, Wanneroo, and ENDORSES Administration's responses to those submissions;
2. SUPPORTS the closure of the portion of the pedestrian access way formally known as Lot 56 (15P) Clyde Court, Wanneroo, identified in Attachment 4, and FORWARDS the proposal to the Western Australian Planning Commission for its endorsement;
3. Subject to the closure of the pedestrian access way formally known Lot 56 (15P) Clyde Court, Wanneroo being endorsed by the Western Australian Planning Commission, AUTHORISES Administration to request the Minister for Lands to amalgamate the pedestrian access way formally known as Lot 56 (15P) Clyde Court, Wanneroo, as identified in Attachment 4, into the adjoining road reserve;
4. INDEMNIFIES the Minister for Lands against any claim for compensation arising from the closure; and
5. ADVISES the proponent and submitters of its decision.
Procedural Motion
Moved Cr Guise, Seconded Cr Cvitan
That the motion be referred back to Administration for further information in relation to a matter raised in a deputation.
Carried Unanimously
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File Ref: 8179 – 14/244526 Responsible Officer: Director City Businesses Disclosure of Interest: Nil Attachments: 1 Previous Items: CB07-11/13 - Cancellation of Part of Reserve 33522 (Lot 9062 Neville Drive, Wanneroo) - Ordinary Council - 12 Nov 2013 CB04-04/13 - Cancellation of Part of Reserve 33522 (Lot 9062 Neville Drive, Wanneroo) - Ordinary Council - 02 Apr 2013
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That Council:- 1. REQUESTS that the Minister for Lands: a) cancels the Management Order applicable to Reserve 33522 in so far as it applies to Lot 9062 on Deposited Plan 180865 (being the whole of the land comprised in Qualified Certificate of Crown Land Title Volume LR3047 Folio 113) ("Lot 9062"); and b) cancels the portion of Reserve 33522 as is wholly comprised in Lot 9062; 2. DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to execute such documents as are required by the Minister for Lands from the City of Wanneroo to effect that revocation of the Management Order applicable to Reserve 33522 and cancellation of the portion of Reserve 33522 in so far as the same apply to Lot 9062 and is resolved by (1); 3. CONSENTS to the disposal of Lot 9062 by the Minister for Lands to Andrew John Ayling and Sheila Ayling; and 4. NOTES that in the event that a sale of Lot 9062 by the Minister for Lands to Andrew John Ayling and Sheila Ayling does not proceed, the City shall agree to assume management of Lot 9062 provided that Lot 9062 is amalgamated with the adjacent parcel of Reserve 33522. Alternative Motion
Moved Cr Newton, Seconded Cr Guise
That Council NOT PROGRESS with the cancelling of the Management Order applicable to Reserve 33522.
CARRIED UNANIMOUSLY
Reason for Alternative Motion
Council does not consider it appropriate to progress the disposal of Lot 9062 or requesting the cancelling of the Management Order due to the effect such action would have on the adjoining land owners.
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File Ref: 11277 – 14/266469 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Zappa, Seconded Cr Cvitan That Council:- 1. NOTES that the only project approved by the Department of Transport as part of the 2014/2015 Perth Bicycle Network Local Government Grant Program was the preparation of a new Cycle Plan for the City of Wanneroo; 2. NOTES Administration will appoint a consultant to project manage the development of the new Cycle Plan for the City, with a report to be presented in April/May 2015 on the draft City of Wanneroo Cycle Plan; 3. DOES NOT PROCEED with the construction of the Hartman Drive Shared Pathway on the western side from Kingsway to Gnangara Road and RESUBMITS this project for consideration as part of the 2015/2016 Perth Bicycle Network Local Government Grant Program; 4. PROCEEDS with the construction of the following shared pathway projects, noting that they will need to be fully funded from municipal funds: · Marmion Avenue, Jindalee – west side from Lukin Drive to south of Hampshire Drive · Hepburn Avenue, Marangaroo – south side from Giralt Road to Kingsway Shopping Centre car park entrance
5. NOTES the following budget variations to remove the 2014/2015 Perth Bicycle Network Grant allocation to reflect the three unsuccessful submissions for grant funding: INCOME
EXPENDITURE
6. NOTES the following budget variations to accommodate the shortfall in municipal funding for the Marmion Avenue and Hepburn Avenue Shared Pathway Projects:
Carried Unanimously |
File Ref: 11277 – 14/231551 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
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Moved Cr Zappa, Seconded Cr Cvitan That Council:- 1. ENDORSES the following City of Wanneroo bicycle network projects being submitted for funding consideration from the 2015/2016 Perth Bicycle Network Local Government Grants Program:
2. NOTES that the figures for 2016/2017 in Recommendation 1 relate to the construction component of projects submitted for design and documentation in 2015/2016 and will be subject to grants being approved for the design and documentation;
3. NOTES that the 10 Year Pathways and Trails Capital Works Program will need to be adjusted to reflect the outcomes of the submissions for the 2015/16 and 2016/17 PBN Local Government Grants Program.
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IN06-10/14 Review Proposed Roundabouts along The Avenue, at Adora Street and Azelia Street, Alexander Heights File Ref: 8053 – 14/265657 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 7 Previous Items: IN03-07/12 - Alexander Heights Precinct - Traffic Management Study - Review and Status of Implementation - Ordinary Council - 24 Jul 2012
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Moved Cr Zappa, Seconded Cr Cvitan That Council:- 1. PROCEEDS with installation of the proposed roundabout at the Azelia Street (south)/The Avenue intersection in accordance with City Drawing No. 3000-1-0 as listed for construction in year 204/2015 of the 10-year Traffic Treatments Capital Works Program; 2. SUPPORTS the removal of the proposed roundabout at Adora Street/The Avenue intersection as listed for construction in year 2014/2015 of the 10-year Traffic Treatments Capital Works Program; 3. NOTES that following construction of the roundabout at the Azelia Street (south)/The Avenue intersection, Administration will monitor traffic volumes and speeds on The Avenue to determine the need for additional traffic treatments on its road; 4. ADVISES the residents at the Adora Street/The Avenue intersection of Council's decision; 5. ADVISES the residents at the Azelia Street (south)/The Avenue intersection of Council's decision; 6. SUPPORTS the appointment of a Traffic Engineer on a 12 month contract to assist with the finalisation of a number of Transport and Traffic projects; and 7. APPROVES the reallocation of $82,000 from Project PR – 2875 Traffic treatments – The Avenue, Alexander Heights to the Transport and Traffic Salary Account No 728412-9399-201 for the funding of a Traffic Engineer position on a 12 month contract basis.
Carried Unanimously |
File Ref: 8053 – 14/264966 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 5
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Moved Cr Zappa, Seconded Cr Cvitan That Council:- 1. APPROVES the revised Traffic Management Scheme for Hudson Avenue, Girrawheen, as detailed in City of Wanneroo Drawing No. 3008-1-1 (Attachment 5 refers) at an estimated cost of $160,000. 2. NOTES the following budget variation to accommodate the shortfall in funding for the Hudson Avenue - Traffic Management Scheme as follows;
3. ADVISES the residents of Hudson Avenue of Council’s decision.
Carried Unanimously |
File Ref: 3125V02 – 14/227869 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 1
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Moved Cr Zappa, Seconded Cr Cvitan That Council:- 1. ENDORSES Main Roads WA's proposal to post a 50km/h speed limit on the length of Rousett Road, Mariginiup north of Lakeview Street to the start of the unsealed section of this road; 2. ADVISES Main Roads WA of Council's endorsement of this speed reduction on Rousett Road; and 3. ADVISES the property owners and residents of Rousett Road of this decision.
Carried Unanimously |
File Ref: 5918V02 – 14/267083 Responsible Officer: Director Community Development Disclosure of Interest: Nil Attachments: 3
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Moved Cr Newton, Seconded Cr Parker That Council:-
1. RESCINDS the existing Library Services Policy as noted in Attachment 3; and
2. ENDORSES the new Library Services Policy as noted in Attachment 1.
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File Ref: 8802 – 14/180813 Responsible Officer: Director Community Development Disclosure of Interest: Nil Attachments: 2
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Moved Cr Aitken, Seconded Cr Parker That Council:-
1. ENDORSES the new Community Engagement Policy included at Attachment 1 for the purpose of seeking public comment; and
2. NOTES the revised documentation and processes for Community Engagement.
Amendment
Moved Cr Winton, Seconded Cr Treby
To add recommendation 3.
3. REQUIRES Administration to undertake an annual audit of the Community Engagement Policy and its implementation and prepares and presents a report to Audit Committee annually.
Substantive Motion as Amended
That Council:-
1. ENDORSES the new Community Engagement Policy included at Attachment 1 for the purpose of seeking public comment;
2. NOTES the revised documentation and processes for Community Engagement; and
3. REQUIRES Administration to undertake an annual audit of the Community Engagement Policy and its implementation and prepares and presents a report to Audit Committee annually.
The substantive motion was put as amended and |
Community Programs and Services
File Ref: 7849 – 14/272282 Responsible Officer: Director Community Development Disclosure of Interest: Nil Attachments: 3
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Moved Cr Aitken, Seconded Cr Newton That Council:- 1. ENDORSES the General Arrangement Concept, as per Attachment 1, for the Oldham Reserve Changeroom Extension Project, noting that the Yanchep Districts Junior Football Club, Yanchep Red Hawks Cricket Club, Yanchep Red Hawks Football Club and the Yanchep Little Athletics Club have all endorsed the General Arrangement Concept, without amendment; 2. NOTES the collective advice received from the resident Clubs in relation to the Proposed Funding Plan as per Attachment 3 to support a one-third contribution to the project cost (to a maximum of $98,333), comprising of the following: a) Level 1 - Preferred Priority Contribution Model: comprising of 'in-kind' works; b) Level 2 – Minimum Cash Contribution: contribution target of between $10,000 and $20,000 by January 2015; c) Level 3 – Shortfall in Level One and Two Contributions: levy of an annual fee by the City on a per club basis over a five year period; 3. NOTES that a one-third contribution to a maximum of $98,333 from benefiting clubs will NO LONGER be sought by Administration, given the precedent set by the Warradale Community Facility extension, in which an 80m2 multipurpose room was constructed without any contribution from benefiting clubs; 4. NOTES a policy will be drafted for consideration by Council Forum which seeks to clearly articulate "standard provision" for community sporting infrastructure provision, including the provision of a multipurpose room; 5. NOTES that the Community Sport and Recreation Facility Fund grant for the Oldham Reserve Changeroom Extension Project has been submitted to the Department of Sport and Recreation; and 6. NOTES that the recruitment of an additional Building Projects Officer is progressing as per the timeframe previously indicated in report CD01-09/14.
Amendment
Moved Cr Guise, Seconded Cr Cvitan
To delete recommendation 2. and change the words “NO LONGER” to “NOT” in recommendation 3. and renumber accordingly.
Substantive Motion as Amended
That Council:- 1. ENDORSES the General Arrangement Concept, as per Attachment 1, for the Oldham Reserve Changeroom Extension Project, noting that the Yanchep Districts Junior Football Club, Yanchep Red Hawks Cricket Club, Yanchep Red Hawks Football Club and the Yanchep Little Athletics Club have all endorsed the General Arrangement Concept, without amendment; 2. NOTES that a one-third contribution to a maximum of $98,333 from benefiting clubs will NOT be sought by Administration, given the precedent set by the Warradale Community Facility extension, in which an 80m2 multipurpose room was constructed without any contribution from benefiting clubs; 3. NOTES a policy will be drafted for consideration by Council Forum which seeks to clearly articulate "standard provision" for community sporting infrastructure provision, including the provision of a multipurpose room; 4. NOTES that the Community Sport and Recreation Facility Fund grant for the Oldham Reserve Changeroom Extension Project has been submitted to the Department of Sport and Recreation; and 5. NOTES that the recruitment of an additional Building Projects Officer is progressing as per the timeframe previously indicated in report CD01-09/14. The substantive motion was put as amended and
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File Ref: 1859 – 14/278304 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Guise, Seconded Cr Parker That Council RECEIVES the list of payments drawn for the month of September 2014, as summarised below:-
Carried Unanimously |
File Ref: 12606 – 14/239928 Responsible Officer: Administration Officer - Finance Disclosure of Interest: Nil Attachments: 4
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Moved Cr Guise, Seconded Cr Parker That Council RECEIVES the Financial Activity Statements and commentaries on variances to Year to Date Budget for the period ended 31 August 2014, consisting of: · 2014/15 Annual Adopted Budget, · August 2014 Year to Date Budget, · August 2014 Year to Date Income and Expenditures, · August 2014 Year to Date Material Variance Notes, and · August 2014 Year to Date Net Current Assets.
Carried Unanimously |
File Ref: 5115 – 14/273258 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Guise, Seconded Cr Parker That Council RESCIND the Collection of Rates and Service Charges Policy.
Carried Unanimously |
File Ref: 5115 – 14/273281 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Guise, Seconded Cr Parker That Council RESCIND the Rates Charges Policy.
Carried unanimously |
File Ref: 2095V03 – 14/274300 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 2
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Moved Cr Guise, Seconded Cr Parker That Council:- 1. NOTES the change in the predominant use of Lots 359-367, and 369 DP403707 Supreme Loop, Gnangara, Lots 371-384, 386-396, 398-402, 405-407 & 9504 DP403708 Glory Road, Gnangara; 2. RECOMMENDS to the Minister of the Department of Local Government and Communities that, pursuant to Section 6.28 of the Local Government Act 1995, the method of valuation for the properties outlined in 1. above be changed from unimproved value to gross rental value; and 3. NOTES that the effective date of the new method of valuation for the properties outlined in 1. above to be the date of gazettal. Carried Unanimously |
File Ref: 2855V02 – 14/275325 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Guise, Seconded Cr Parker
That Council:-
1. APPROVE the following requests for:
a) sponsorship in the sum of $1,000.00 to Core Martial Arts for the participation of Blake Roberts and Nathan Dear in the 4th ESTA International Invitational Taekwondo Tournament to be held in Jogjakarta, Indonesia from 8 – 9 October 2014;
b) sponsorship in the sum of $500.00 to Core Martial Arts for the participation of Olivia Roberts in the 6th Commonwealth Taekwondo Championships to be held in Edinburgh Scotland from 15 – 16 November 2014;
c) sponsorship in the sum of $600.00 to Western Australian Christian Football Association for the participation of Connor Parsons, Johan Kriel and Cameron Bevan in the Christian Football Federation Australia 2014 Nationals to be held in Narabeen NSW from 28 September to 1 October 2014; and
d) sponsorship in the sum of $600.00 to WA Indoor Netball Association for the participation of six teams as shown in Attachment 1 in the Australian Junior Nationals to be held in Perth WA from 29 November – 7 December 2014,
2. NOT APPROVE a request for sponsorship in the sum of $500.00 to Core Martial Arts for the participation of Zach Roberts in the 6th Commonwealth Taekwondo Championships to be held in Edinburgh Scotland from 15 – 16 November 2014;
3. NOT APPROVE $3,000.00 to Small Business Centre North West Metropolitan to cover costs for the North Coast Business Expo 2014 to be held at HBF Arena Joondalup on 17 October 2014; and
4. NOT APPROVE a waiver of all fees and charges in the sum of $477.00 to the Yanchep Two Rocks Lions Club Inc for hire of the Phil Renkin Centre to hold the Lions Sunday Markets on 12 October, 9 November and 14 December 2014.
Amendment
Moved Cr Cvitan, Seconded Cr Zappa
To change recommendation 2. from NOT APPROVE to APPROVE.
2.
Carried Unanimously Substantive Motion as Amended
That Council:-
1. APPROVE the following requests for:
a) sponsorship in the sum of $1,000.00 to Core Martial Arts for the participation of Blake Roberts and Nathan Dear in the 4th ESTA International Invitational Taekwondo Tournament to be held in Jogjakarta, Indonesia from 8 – 9 October 2014;
b) sponsorship in the sum of $500.00 to Core Martial Arts for the participation of Olivia Roberts in the 6th Commonwealth Taekwondo Championships to be held in Edinburgh Scotland from 15 – 16 November 2014;
c) sponsorship in the sum of $600.00 to Western Australian Christian Football Association for the participation of Connor Parsons, Johan Kriel and Cameron Bevan in the Christian Football Federation Australia 2014 Nationals to be held in Narabeen NSW from 28 September to 1 October 2014; and
d) sponsorship in the sum of $600.00 to WA Indoor Netball Association for the participation of six teams as shown in Attachment 1 in the Australian Junior Nationals to be held in Perth WA from 29 November – 7 December 2014,
2. APPROVE a request for sponsorship in the sum of $500.00 to Core Martial Arts for the participation of Zach Roberts in the 6th Commonwealth Taekwondo Championships to be held in Edinburgh Scotland from 15 – 16 November 2014;
3. NOT APPROVE $3,000.00 to Small Business Centre North West Metropolitan to cover costs for the North Coast Business Expo 2014 to be held at HBF Arena Joondalup on 17 October 2014; and
4. NOT APPROVE a waiver of all fees and charges in the sum of $477.00 to the Yanchep Two Rocks Lions Club Inc for hire of the Phil Renkin Centre to hold the Lions Sunday Markets on 12 October, 9 November and 14 December 2014.
The substantive motion was put as amended and Carried Unanimously |
CITY OF WANNEROO Minutes OF Ordinary Council Meeting 14 October, 2014 315
List of Teams for WA Indoor Netball Association – Australian Junior Nationals 2014
Team |
First Name |
Surname |
Cobras |
Ben |
Bell |
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Olivia |
Bell |
Storm |
Emysen |
Robinson |
|
Jaylee |
Woodley |
|
Shadae |
Walley |
Raiders |
Chloe |
Weinthal |
|
Grace |
Moran |
Turbos |
Amy |
Stuart |
|
Megan |
McLearie |
|
Neve |
Simon |
Dynamites |
Katrina |
Campbell |
|
Riann |
Tranquille |
|
Mariah |
Samardali |
Jets |
Michelle |
Bester |
|
Keely |
Gillingham |
|
Aleisha |
Hillier |
|
Julia |
Vrlic |
File Ref: 2374 – 14/273257 Responsible Officer: Director Corporate Strategy & Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Guise, Seconded Cr Parker That Council:- 1. MAINTAINS its current four weekly meeting cycle as follows: a) Week One - Briefing Session; b) Week Two - Council Meeting; c) Week Three - Council Forum and/or Audit Committee meeting; d) Week Four - Council Forum, budget meetings, advisory committee/working group meetings and other policy and procedural reviews; and 2. ADOPTS the meeting schedule detailed in Attachment 1 for 2015 meeting rounds. Carried Unanimously |
File Ref: 2416V02 – 14/287756 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Zappa, Seconded Cr Newton That Council:- 1. APPOINT the Director, Corporate Strategy and Performance, Mrs Noelene Jennings, to the position of Acting Chief Executive Officer for the period 15 December 2014 to 21 January 2015; and 2. APPOINT the Director, Corporate Strategy and Performance, Mrs Noelene Jennings, to the position of Acting Chief Executive Officer for the period 18 May 2015 to 5 July 2015. |
File Ref: 11751 – 14/274911 Author: Cr Hugh Nguyen Action Officer: Director Community Development Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Nguyen, Seconded Cr Treby That Council:- 1. APPROVES a 100% waiver of fees to a maximum of $1642.55, funded from the Award Governance Donations Account 717143-1207-316, to the Vietnamese Culture Association to hold weekly meetings at the Hudson Park Pavilion from July 2014 to June 2015; and 2. REFUNDS the sum of $1,160.90 already paid by the Vietnamese Culture Association since January 2014, funded from the Award Governance Donations Account 717143-1207-316; and 3. REQUESTS that Administration review the City's Facility Hire and Use Policy to accommodate the Vietnamese Culture Association within the section 2.3.2 Service Clubs and Charitable Institutions, and Emergency Service Organisation.
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Nil
Moved Cr Guise, 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 9:23pm.
Moved Cr Aitken, Seconded Cr Smithson
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 9:25pm.
Mayor Roberts read aloud the motions.
File Ref: 5642V02 – 14/281274 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachments: 6 This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting
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Moved Cr Zappa, Seconded Cr Aitken That Council AUTHORISES the CEO to commence the compliance enforcement process in respect of the Compliance Matters in accordance with the recommendations set out in Attachments 2 to 6.
The attachments remain confidential and are recorded in the City’s document management system in the reference numbers below.
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CR02-10/14 Acquisition of Land from Lot 8 (289) and Lot 14 (286) Gnangara Road for the Upgrade of Gnangara Road File Ref: 9472 – 14/245598 Responsible Officer: Director City Businesses Disclosure of Interest: Nil Attachments: 3 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: (c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (h) such other matters as may be prescribed (consider regulations) (Determination by the local government of a price for the sale or purchase of property by the local government )
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Moved Cr Zappa, Seconded Cr Aitken That Council:- 1. In respect of the portion of Lot 14 (286) Gnangara Road, Wangara as described in Attachment 3: a) AUTHORISES the purchase of part of Lot 14 (286) Gnangara Road, Wangara as described in Attachment 3 from the City of Wanneroo for $21,300 plus GST with funds provided by East Wanneroo Scheme Cell 8; b) AUTHORISES the Chief Executive Officer to subdivide Lot 14 (286) Gnangara Road, Wangara to create a road reserve and to retain the balance of the land as freehold owned by the City of Wanneroo; c) AUTHORISES the Chief Executive Officer and Mayor to affix the common seal of the City of Wanneroo and endorse the signing of the New Title/Balance Application and any other associated documentation in relation to 1 a) and b) above; d) INDEMNIFIES the Minister for Lands as required under Section 56 of the Land Administration Act 1997 (WA), against any claims for compensation equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request for dedication as a road; and e) NOTES that the income received by the City as freehold owner of Lot 14 (286) Gnangara Road, Wangara will be placed in the Asset Replacement Reserve; and 2. In respect of the portion of Lot 8 (289) Gnangara Road, Wangara as described in Attachment 2: a) AUTHORISES procedures being commenced for the taking of the portion of Lot 8 (289) Gnangara Road, Wangara as described in Attachment 2 for the purpose of the widening and upgrade of Gnangara Road without the agreement of the owner under the provisions of the Land Administration Act 1997 (WA); b) AUTHORISES a request being made to the Minister for Lands for the dedication as a road of the land taken or acquired from Lot 8 (289) Gnangara Road, Wangara;
c) INDEMNIFIES the Minister for Lands as required under Section 56 of the Land Administration Act 1997 (WA), against any claims for compensation equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request for dedication as a road; d) In the event that the owner of Lot 8 (289) Gnangara Road, Wangara agrees to the compensation for the taking of the portion of land from Lot 8 (289) Gnangara Road, Wangara (or a price for acquisition of that land) being less than or equal to the amount outlined in the Administration report (plus any interest payable pursuant to the Land Administration Act 1997 (WA): i) AUTHORISES the payment of the agreed amount (plus GST if applicable) for the compensation or acquisition (plus interest, if any), with funds provided by East Wanneroo Scheme Cell 8; and ii) AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo, and execute a deed of settlement or sale contract and any other associated documentation between the City and the owner in relation to 2d)i) above; and e) In the event that the owner of Lot 8 (289) Gnangara Road, Wangara does not agree to the compensation for the taking of the portion of land from Lot 8 (289) Gnangara Road, Wangara (or a price for acquisition of that land) being less than or equal to the amount outlined in the Administration report, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to: i) make a formal offer and any subsequent offers to the owner of Lot 8 (289) Gnangara Road, Wangara (including but not limited to an offer of advance payment under section 248(1) of the Land Administration Act 1997 (WA)) based on at least one valuation and in accordance with legal advice from one firm of solicitors on the City's legal panel; ii) make a payment of up to 100% of a formal offer made to the owner of Lot 8 (289) Gnangara Road, Wangara under section 248(1) of the Land Administration Act 1997 (WA) (plus any interest payable pursuant to the Land Administration Act 1997 (WA)); iii) make a payment of any balance agreed pursuant to 2e)i); and iv) execute a deed of settlement or sale contract and any other associated documentation between the City and the owner in relation to 2e).
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The next Elected Members Briefing Session has been scheduled for 6:00pm on 4 November 2014 to be held at Civic Centre, 23 Dundebar Road, Wanneroo.
There being no further business, the Mayor closed the meeting at 9:30pm.
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
LINDA AITKEN North Ward
BRETT TREBY South Ward
DOMENIC ZAPPA South Ward
HUGH NGUYEN South Ward