Ficus Trees Russell Road Madeley

1.         Thank you for the tentative repairs to Russell Road by the Ficus Trees.  When does Council intend to fully repair the road as opposed to band aiding the damage from Ficus tree roots?

Response by A/Director Infrastructure

There is currently no requirement for major road resurfacing in Russell Road, Madeley. The last asset condition assessment carried out in 2013 confirms that the road surface is in good condition. Maintenance Inspections of the road surface will continue and any minor repairs identified during these inspections will result in further remedial repairs being carried out as required.

2.       As a ficus root proved to be the cause of a large crack in Russell Road and with

       similar cracks evident, clearly defined by the recent attempt to "repair" them, surely the CoW must acknowledge that these trees will continually cause destruction as long as they remain in situ, and that their removal would eliminate the cost required:

a) for their ongoing maintenance

b) repairs to residents properties

          When is the CoW going to take action to protect the public infrastructure as is their “Duty of Care”?

Response by A/Director Infrastructure

The City will continue to monitor the public infrastructure and will carry out remedial repairs as required and as demonstrated in the recent road surface repairs undertaken.

3.       Has council put in place a plan to stop the planting of ficus trees in the streetscapes of Wanneroo and to remove other young ficus trees growing in the streetscape environment within the City?  This would avert future expense to ratepayers and to meet with Council’s compliance to “Duty of Care” in the future while minimizing costs to the rate payer?

Response by A/Director Infrastructure

The City is currently reviewing the Street Tree Master Plan to determine suitable tree species for verge plantings.

As part of this review, individual species will be assessed for their suitability for verge planting. 

Ficus Species are not being considered for inclusion in the Street Tree Master plan. Existing trees will be managed on an individual basis.

4.       Another large branch has fallen from the ficus trees within a residential property, fortunately no one was injured, surely it must be clear to council that these trees do drop branches and are a risk to the community (please see photo attached DEC 22 2014). Note branch had a stress fracture. (Photograph provided on request to Governance).   Does CoW recognize this risk and when is this risk going to be removed from our road?

Response by A/Director Infrastructure

Residents are encouraged to contact the City if and when limbs fall from the Ficus trees.

The City will continue to have the trees assessed on a six monthly basis by an Arborist and works will be carried out based on the recommendations in the Arborist report to ensure that the trees are maintained in accordance with best arboricultural practices.

5.       When does CoW intend to clean the drains on each side of No7 Russell Road, they are blocked with leaf litter from the ficus trees?  Please can CoW take all leaves away when cleaning and not relocate some to southern verge?

Response by A/Director Infrastructure

Drainage maintenance works including the jetting of pipes and cleaning of storm-water gully outside 7 Russell Road were undertaken on 3 February 2015.

6.       A number of property owners would like reimbursement for the cleaning of gutters/rooves (ficus litter) from CoW owned trees. Tree litter can be located as far away as 37 Russell Road on a windy day.  Please advise when will this happen?

Response by A/Director Infrastructure

The City does not provide reimbursement to residents for leaf litter removal.

7.       CoW has suggested in the past that they will reduce the height of the ficus trees.  What date is this planned for? (Please see photos attached- one days litter swept up January 2015 and photos Jan 28 2015) (Photograph provided on request to Governance).

Response by A/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 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 was 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 on a six monthly basis to determine any further pruning that may be required.  The next assessment is scheduled for late February 2015.

8.       What has been the cost of maintenance of the ficus trees in Russell Road and infrastructure since July 2014? May we have an itemized report?

Response by A/Director Infrastructure

Maintenance costs totalling $12,237.00 have been incurred for maintenance works in Russell Road from July 1 2014 to 31 December 2014 for tree pruning, arborist reports, street sweeping, infrastructure repairs and associated traffic management.

9.      CoW was looking into the stress lines on the ficus trees.  Does CoW have the report available to ratepayers please?

Response by A/Director Infrastructure

Approval from the external Arborist who provided the report after an inspection on 6 January 2015 is currently being sought to release the report to rate payers.

The arborist's report notes that the trees were found to be in good health and sound structural condition with no visible evidence of significant structural issues associated with the loading of the trunks or major limbs at this time.

East Wanneroo Planning Process

A question was asked at the last Council meeting regarding progress on the development of East Wanneroo due to the meetings between WAPC and the City of Wanneroo.  The Council responded that those meetings had been held and were in progress and the timeline was positive for a submission in March 2015 to the Commission and that a report would be provided to this Council meeting.  There was a report in the Briefing Session Agenda papers last Tuesday but the Wanneroo Times reported that this report had been withdrawn as “further research” was required. 

1.         When was this decision made, by whom, in consultation with whom and given that it was only last week the report was released, it is a very short span of time to make such an important decision?

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

This decision was made on 27 January 2015 by me in consultation with the Chief Executive Officer.

2.         What does further research mean?  Who will conduct it?  When will it begin and how long will it take?

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

“Further research” means further investigation and consideration.  It will be conducted by Administration.  This is ongoing and the City cannot give a definitive time for its conclusion.

3.         When will the results be seen and why is this further research required?  Which elements of the planning process have not been researched in the previous documents, proposals and structure plans, including the final report of 2011? 

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

The results will be seen when Administration reports to Council on the matter.  This research is required as part of further consideration being given to proposed criteria for lifting of Urban Deferment (to change land from Urban Deferred to Urban zoning under the Metropolitan Region Scheme).

4.         Is the report of 2011 considered to be the penultimate report given the plans for public comment were released in 2009 and the report not delivered till 2011?  Does that mean we now have to allow time for:-

a)         further research;

b)         a report on further research;

c)         preparation of an implementation guide to go out for public comment;

d)         action on submissions; and

e)         a final report?      

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

The 2011 East Wanneroo Structure Plan (EWSP) is not considered to be a penultimate report.  The planning process set out in Local Planning Policy (LPP) 5.3 will involve reports being prepared  at each step in that process.

In respect to proposing changes to the planning process set out in current LPP 5.3, District Planning Scheme No 2 requires that proposed amendments to LPPs be advertised for public comment.  Comments received are then considered by Council in deciding whether to adopt the proposed amendments.  It does of course require time to do this.

East Wanneroo Planning Process

It seems like this process is back to where it was 35 years ago.  The structure plan from 2009 has the area immediately east of the town marked as urban.  That plan became a final document but everything is now back to the drawing board.  The report that was to be delivered tonight has been withdrawn. 

1.         What is the City of Wanneroo doing to support ratepayers and landowners to have the land rezoned? 

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

The City is aiming to establish a clear process which has the support of the State planning agencies which will facilitate the rezoning of all of the East Wanneroo area.

2.         Why is the City of Wanneroo blocking development?  We have heard about the ‘sensitivities’, what are these?  We don’t know what the problems are?

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

The City has not supported the proposed Metropolitan Region Scheme amendments for the small pockets of land on Dundebar Road and Caporn Street, Wanneroo.  The recent Council resolution (item PS06 – 02/15) on the Caporn Street proposal refers to what the problems are with such proposals:

"a)        It may set a precedent for further ad hoc, piecemeal planning rather than the East Wanneroo area being subject to a comprehensive planning approach as proposed under LPP 5.3;

b)         Through requiring that MRS rezoning to Urban occur through only two amendments covering the total potential urban area, LPP 5.3 aims to facilitate a collaborate approach being taken by the various landowner groups and their respective consultants who are active in that area.  Piecemeal MRS Amendments discourages such collaboration occurring between the landowner groups;

c)         The Amendment Report refers to only two things needing to be done for the WAPC to then lift Urban Deferment: preparation of a DSP, and a Bushfire Hazard Assessment being undertaken.  The planning frame work to be established through the LPP 5.3 planning process involves a number of other important elements, including Local Structure Plans (LSP) and Development Contribution Plans (DCP), which need to be in place prior to subdivision stage;  and

d)         It does not allow the City to implement a proper accreditation and accounting system to handle subsequent claims for DCP credits."

3.         Why was the report withdrawn and what is the City doing to support its ratepayers?  Taking these questions on notice seems to be a strategy used by the City rather than providing real answers.

Response by Director Planning and Sustainability

The report was withdrawn on my decision in consultation with the Chief Executive Officer.  The reason for this and the additional research required was around the criteria for lifting of urban deferment, which is a matter that is quite technical and complicated and it was felt further research was needed on that. 

There is no strategy in taking questions on notice, it is simply so the questions are answered as clearly as possible and in writing.

Pedestrian Access Ways and Ocean Pool

1.         Pedestrian access ways in the City of Wanneroo need lighting.  Most of them are over 10 to 60m long and are used by people performing antisocial acts such as burglary who are looking for a quick getaway.  How does the City decide whether an access way is high or low risk?

Response by Director Planning and Sustainability

The assessment on the access way is based on the CPTED Principles, which relate to design and designing out crimes, relating to the straightness of the laneway, permanent residency and the degree of surveillance, overhanging trees etc.

Further Response by Director Planning and Sustainability

On considering requests to close PAW's, Administration utilises the assessment methods outlined in the Western Australian Planning Commission's document 'Procedures for the Closure of Pedestrian Access Ways'. In particular, this document includes how a socio-economic vulnerability assessment can be undertaken to ascertain the risk of situational crime occurring in a PAW. This assessment relies on the following data sources:

·         The Australian Bureau of Statistics socio-economic index for areas (SEIFA), which indicates the relative socio-economic advantage of different areas based on census data; and

·         Observations on the design of the PAW, and its location in respect to nearby facilities and services.

2.         How is the feasibility testing progressing on the foreshore for the ocean pool?

Response by Mayor Roberts

Question taken on notice.

Further Response by Director Planning and Sustainability

Feasibility investigations into the creation of a tidal pool along the City's coastline are complete, and the draft findings of these investigations will be presented to Elected Members in the near future.

3.         Has Council made any contact with State or Federal governments for grants to build an ocean pool?

Response by Mayor Roberts

Question taken on notice.

Further Response by Director Planning and Sustainability

No contact will be made with the State or Federal Governments until such time as Elected Members have considered the draft findings of the feasibility investigations.

4.         Clean Up Australia Day is on 1 March and would like to see as many people as possible at the beach on that day?

Response by Mayor Roberts

Comments will be taken as a statement.

Various Issues and CS05-02/15 Consideration of Motions Presented at the Annual General Meeting of Electors

1.         There is a lot of comment on social media regarding the dust issues in Yanchep and Two Rocks.  How many complaints has the City received from residents in these areas due to sand and dust blowing into their properties?

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

Administration has received 10 complaints.

2.       Can the City force developers to compensate these residents who have been severely impacted?

Response by Director Planning and Sustainability

Not aware of any mechanism enabling the City to force developers to compensate adjoining owners.

3.       Other Councils have dust policies that prevent clearing at certain times of the year to      deal with this problem.  Does the City have a similar policy and if so, can details be   provided?

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

The City does have a Sand Drift Control Policy which also covers dust management. The Policy does not place any restrictions on the time of year development is conducted.  This policy can be viewed at

http://www.wanneroo.wa.gov.au/downloads/file/79/sand_drift_control_policy

4.         Responses have been provided to motions raised at the AGM of Electors, starting at page 324 of this Agenda.  Some responses seem very generalised and Administration’s recommendations are confusing.  Can an explanation be provided as to what “Noting a request” as contained in recommendations 2, 3, 4, 7, 9, 11 and 12 actually means?  Does this mean the City will look further into making a commitment to these motions or are they going to be shelved?

Response by Mayor Roberts

A number of the motions that were raised at the Electors meeting were already being investigated by Administration.

Response by Chief Executive Officer

Using the response to recommendation 2 as an example, this means that when Council starts its budget deliberations due to commence shortly, it will consider the request of the Quinns Mindarie Community Centre project which is currently part of the Capital Works Program.

5.         Using recommendation 11 as an example, requesting Administration to note the request to provide more infrastructure in Fred Stubbs Park.  Does that mean there will be a commitment made to it or will it be put on the shelf?

Response by Chief Executive Officer

When Administration prepares the draft budget documents for Council to consider, including the review of the ten year Capital Works Program, it will bring the request from the Electors meeting to Council as part of that budget deliberation. 

6.         Recommendation 1 referred to traffic treatments on Hester Avenue before the freeway extension.  The request was for traffic treatments, not just traffic lights as referred to in Administration’s response.  Could something such as a “no right turn” on exiting the RAAF Village improve the traffic conditions?

Response by A/Director Infrastructure

As noted in the report the traffic patterns in that street are going to change after the freeway gets extended so it is premature to do anything in Hester Avenue.

7.         Administration’s recommendation was to monitor and liaise with Main Roads.  Does this mean the City will actively lobby Main Roads or is this a wait and see approach?

Response by A/Director Infrastructure

Administration will work with Main Roads to analyse what is required in that particular road.

8.         Motions 2 and 4 referred to extensions to both Quinns Mindarie Surf Club and the Ridgewood Reserve Clubrooms.  In both instances, Administration has listed commitments to existing projects as a reason why these projects can’t be done.  At the 16 September 2014 Council meeting it was resolved to appoint a Building Projects Officer on a 12 month contract to support the 2014/15 and 2015/15 Building Projects program.  Does the Oldham Reserve project, which was the basis for adding another Project Manager, warrant a Manager employed full time for 12 months to oversee it?  Couldn’t this Manager also oversee the relatively small scale project of the Ridgewood Reserve rooms as well?

Response by Chief Executive Officer

The report presented to Council with regard to the Project Manager for the Oldham Reserve extensions included other projects that would be undertaken in addition to the Oldham Reserve.  Will seek confirmation from the A/Director Infrastructure that that is the case.

Response by A/Director Infrastructure

It is confirmed that a Project Manager Buildings has been appointed to undertake a number of projects, not only Oldham Reserve.

9.         Since Oldham Reserve was approved, there has been no other architectural projects added to the list, so one project manager has been employed because that one extra job was too much for a person to handle.  Is it really beyond reach?

Response by Chief Executive Officer

Question taken on notice, however to refer back to the previous item, each year Council deliberates over various community priorities, available resources and available financial resources to undertake a variety of programs, ranging from road construction to community facilities.  Council is about to undertake that task again as it formulates the forward capital works program, reviews the Corporate Business Plan and sets its annual budget.

Further Response by A/Director Infrastructure

In review of the Building Capital Works Program for 2014/15, priorities were adjusted to accommodate the implementation of the Oldham Reserve project early in the new financial year. Design is currently being finalised. However, other projects were put on hold pending the appointment of a new Building Projects Officer that had already been included in the 2014/15 Workforce Plan due to increase in the number of building project approved. As a consequence of the review the 12-month contract position promoted by Council to deliver Oldham reserve project was not advanced.

Response by Mayor Roberts

Council fully understands the need for extension of club rooms for the Quinns Mindarie Surf Life Saving Club in addition to the Ridgewood Clubrooms, but the Surf Life Saving is not an extension to the club but it is a community facility on top of the existing surf lifesaving building.  The Ridgewood Clubrooms we are looking at and engaging with the Club to look at designs.

10.      Will any other clubs be homed at the new Kingsway Baseball Club Rooms?  Will they be sharing their facility with up to three other local clubs?

Response by Director Community Development

Question taken on notice.

Further Response by Director Community Development

The Sports Amenities Building currently under construction at the Kingsway Regional Sporting Complex – Baseball/Softball facilities will replace the existing facilities that are currently in place, but not fit for purpose. The facilities include changerooms, storage areas, toilets, first aid room, umpire room, kiosk and a multi purpose room. The multi purpose room is a new addition to the facilities. The two resident clubs have contributed to the cost of the multi purpose room extension, however this is now being reviewed as a result of Council's decision in regards to the Oldham Reserve Changeroom extension.

This facility upgrade was included in the original Kingsway Regional Sporting Complex Master Plan (2006) and will accommodate both baseball and softball activity. The facility will accommodate the Wanneroo Giants Baseball club (Senior and Juniors), Vikings Softball Club (Men and Women’s teams), Jaguars softball club and the Wanneroo Softball Club.

It should be noted that the small ball sports facilities at Kingsway Regional Sporting Complex are the only facilities of this nature within the City that are to the commensurate standard offered to a large number of large ball sports within the City (i.e. AFL, soccer and rugby).

11.      Considering how many clubs are currently using Ridgewood Reserve as their homeground, does Administration consider removing 168sqm off the original negotiated plan adequate for the large number of potential users?

Response by Mayor Roberts

Question taken on notice.

Further Response by Director Community Development

Previous advice to the Club, most recently via written correspondence in June 2014, clearly stated Administration's position that should the Club wish to progress the proposed function room extension, benefiting clubs would be required to fund one-third of the project cost before the project is progressed.

The response provided to the question reflects Council's position that a 100m2 multi purpose room extension to an existing changerooms is now considered to be part of the City's standard provision for facilities of this nature. This reflects Council's resolution in relation to the Oldham Reserve Changerooms Extension Project. As a result, Administration has taken the view that the balance of the proposed extension is subject to the original funding contribution model of one-third from the benefiting clubs.

12.      On numerous occasions the Quinns District Amateur Football Club have provided detailed submissions to the City to support their request for clubrooms.  The Club has continued to lobby the City through emails and meeting notes dating back to 2002.  Why, after 13 years have these clubrooms not progressed any further?

Response by Mayor Roberts

The City has had discussions with this club and can recall that there was dialogue but then nothing occurred from the club’s perspective.  The club changed their president and secretary and believe it is back on track to investigate the best opportunities for the club and the design of those clubrooms which have not been finalised as yet.

Further Response by Director Community Development

As outlined in the response to question 11, the advice to the Club has consistently been that the required facility contribution model for the proposed extension includes a confirmed one-third contribution from the benefiting clubs before the project is progressed. This contribution has not been forthcoming and as a result the project has not been considered further.

13.      Still, after 13 years it is no further ahead?

Response by Mayor Roberts

Council has worked in their financial forward planning with local clubs to identify their needs and continues to work with them to meet these needs.  However when the club themselves cease negotiations with the City and have discussions amongst themselves, it is difficult for the City to make progress.  Council treads a fine line in terms of budgeting and meeting the needs of the community versus ensuring rates are not impacted.

14.      Are there other clubs within the City of Wanneroo that have been waiting and negotiating for 13 years that have had to submit business plans three times during that period, is that fair?  There are four clubs waiting for this.

Response by Mayor Roberts

Each Councillor will have had a community group that is waiting for a facility.  There is only so much the City can provide.  If the particular club at that time had identified what was wanted it could have been put in the forward projections a number of years ago.

Further Response by Director Community Development

Facilities that have a similar development timeframe include:

·         Kingsway Baseball/Softball Sports Amenities Building (2006);

·         Gumblossom Reserve Changeroom Extension (2003);

·         Oldham Reserve Changeroom Extension (20+ yrs);

·         Kingsway Little Athletics Sports Amenities Building (2006)

·         Edgar Griffiths Reserve Changeroom Upgrade (2004).

15.      In the City’s own words it is one of the fastest growing local governments in Australia.  For the last ten years a lot of the local growth has been concentrated in the coastal suburbs.  How are the older established clubs expected, in the City’s opinion, to keep with the growing demand if their homes do not grow with these suburbs without the aid of local government?

Response by Mayor Roberts

The City does work with its local clubs and understands their frustrations and the challenges of the growth.

Further Response by Director Community Development

With increased growth in the City's population and coastal development, will come the development of a significant number of new sporting facilities at a local, district and regional level. With this development will come the creation of new sporting clubs which will assist in accommodating increased demands for participation in organised sport.  

As a result, there will come a point where the capacity of existing facilities and clubs will not be able to accommodate the growth that will be experienced. The excess demand will be picked up by new clubs located at new facilities.

The City's current focus in the Coastal Ward is to address current limitation within existing facilities (i.e. floodlighting, changerooms etc.) to enable these facilities to cater for growth within the short to medium term, after which it is expected that new facilities in the northern coastal corridor will provide additional capacity to meet this growth. An example of current work to improve the capacity of existing facilities in the Coastal Ward is in the $1,87M invested in Riverlinks Park in the period 2014/15 to 2016/17 and the $1.18M to be invested in Addison Park in the period 2016/17 to 2018/19.

Ficus trees, Russell Road Madeley

1.         Another branch fell on the road, the size of a telephone post.  Do we call the Maintenance section of the Council when someone is injured driving along Russell Road, Madeley?

Response by A/Director Infrastructure

Question taken on notice. 

Further Response by A/Director Infrastructure

Residents are encouraged to contact the City in the event of  branches falling from City owned trees so that removal can be organised.  In the event that a falling branch causes injury to a person then the appropriate emergency services should be called if required.

2.         At this time of the year the defoliation of these trees is huge, blocking all the drains.  The drains were cleaned today but previously they were cleaned six months ago.  Can we have the drains cleaned more regularly?

Response by A/Director Infrastructure

Question taken on notice.

Further Response by A/Director Infrastructure

Following the recent inspection of the stormwater drains in Russell Road, it was noted that the drainage pipes were clear of any leaf debris. The gully pits will continue to be monitored and cleaned when required.  

3.         There are large piles of leaves underneath the trees and behind the trees there are a lot of dead branches.  Both of these are a fire hazard, particularly as many homes have air conditioners on their rooves and they need to be cleared away.

Response by A/Director Infrastructure

Question taken on notice.

Further Response by A/Director Infrastructure

This issue will be investigated and a site inspection conducted. Any remedial works will be completed by close of business Friday 13 February 2015.

4.         There are huge cracks in my driveway caused by the roots of the trees which are are nearly 100ft high and their roots will go 100ft along.  The height of the trees need to be addressed as all their leaves drop onto the rooves and residents have to be constantly cleaning the gutters.  Why do we have to put up with all this litter?

Response by A/Director Infrastructure

Question taken on notice.  There is another inspection due by August and additional maintenance will be undertaken on the trees as recommended by the arborist. 

Council will arrange another inspection by the Parks Manager and undertake more maintenance works and look at the fire hazard.

Further Response by A/Director Infrastructure

Driveways and  crossovers are the responsibility of the property owner.  Should the property owner consider the City to be at fault or liable for the repairs to their driveway and wish to pursue a claim against the City, the property owner is requested to submit in writing, circumstances surrounding the incident, compensation sought and why the property owner considers the City responsible; photos and diagrams are helpful and encouraged.

The City's consulting Arborist is due to conduct the six monthly inspection of the Ficus trees in the next two weeks.  Any pruning works recommended by the Arborist in their report to ensure the future structural integrity and health of the trees will then be carried out over the proceeding four weeks.  The City currently conducts path and street sweeping along this section of Russell Road where the trees are located on a weekly basis - every Wednesday.  Additional sweeping is conducted after severe weather events to remove leaf litter.

Ficus trees, Russell Road Madeley

Under State policy even if a tree with invasive roots is on a property that is heritage listed it will be removed and replaced.  Why does Council choose to keep the ficus trees in Russell Road that are such high maintenance trees with invasive root systems? 

Response by Mayor Roberts

Council did consider those and a number of other issues when the decision was made last year to keep the trees. 

Length of decisions by Council

Can you explain why some decisions take so long to reach, such as those raised by Mrs Sangalli earlier and the zoning for East Wanneroo, whereas a decision for a proposed $30m extension to the City’s offices was passed quite quickly?

Response by Mayor Roberts

It does depend on the complexity of the issue.  Some issues are not clear and not easily resolved.  Councillors make informed decision based on the professional advice of the staff.  Some items go through because they are relatively simple but do try to ensure the right decision is made for the benefit of the community and sometimes it does take longer. 

Moved Cr Nguyen, Seconded Cr Hewer

That the minutes of the Ordinary Council Meeting held on 9 December 2014 be confirmed.

Carried Unanimously

Has the Department of Parks and Wildlife (DPAW) been written to in regard to this matter?

Response by Director Planning and Sustainability

Question taken on notice.

Further Response by Director Planning and Sustainability

Administration sought comment on the structure plan Amendment proposal from the following government agencies:

·         Department of Planning;

·         Main Roads Western Australia;

·         Department of Water;

·         Department of Environment Regulation; and

·         Western Power.

No comment was sought from the Department of Parks and Wildlife (DPaW), but in light of Council's resolution on this matter, Administration will write to the DPaW to seek their comments and then present the structure plan Amendment back to a future Council meeting for consideration.

Given ongoing problems with communication systems in Chambers can a new, user friendly mechanism be listed for consideration in the budget?

Response by Chief Executive Officer

This would be addressed through the mid-year budget review.

Cr Zappa presented a petition of 23 signatories requesting the City to construct traffic treatments and upgrade the road surface and footpaths along Landsdale Road, between Mirrabooka Avenue and Alexander Drive, Landsdale.

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

Cr Driver presented a petition of 105 signatories requesting the provision of additional bins at the top and bottom of all walkways leading to and from Quinns Dog Beach.

This petition to be forwarded to the City Businesses directorate for action.

File Ref:                                              4090 – 14/186320

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Driver, Seconded Cr Parker

That Council, pursuant to Clause 8.11.4 (b) of District Planning Scheme No. 2, RESCINDS Local Planning Policy 'Residential Guidelines Mindarie' as contained in Attachment 2, and PUBLISHES a formal notice of Council’s rescission of this Policy in all local newspapers circulating within the Scheme Area for two consecutive editions.

Carried Unanimously

File Ref:                                              7535 – 14/358939

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Recommendation

That Council:-

1.       Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2 RESOLVES that the proposed Woodland Vista, Carramar Local Structure Plan No. 92 dated April 2014 submitted by Burgess Design Group on behalf of Woodland Consortium Pty Ltd included as Attachment 2 is SATISFACTORY subject to the recommended modifications contained within Attachments 3 and 4;

2.       FORWARDS the duly modified Woodland Vista, Carramar Local Structure Plan No. 92 to the Western Australian Planning Commission for its adoption and certification pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2;

3.       Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS the Woodland Vista, Carramar Local Structure Plan No. 92 documents once certified by the Western Australian Planning Commission and AUTHORISES the Director, Planning and Sustainability to SIGN the documents; and

4.       NOTES the Schedule of Submissions received in respect of the Woodland Vista, Carramar Local Structure Plan No. 92 included as Attachment 3, ENDORSES Administration's response to those submissions and ADVISES submitters of its decision.

LAPSED FOR WANT OF A MOVER

File Ref:                                              11474-02 – 14/272667

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Guise, Seconded Cr Cvitan

That Council:-

1.      Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2 RESOLVES that Amendment No. 32 to East Wanneroo Cell 4 Agreed Structure Plan No. 6 (Hocking and Pearsall), included as Attachment 2, and Amendment No. 2 to Agreed Structure Plan No. 42 – Hocking Neighbourhood Centre, included as Attachment 2, as submitted by TPG Town Planning, Urban Design and Heritage on behalf of Wyatt Grove Development Pty Ltd, are SATISFACTORY;

2.       Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, SUBMITS three copies of Amendment No. 32 to East Wanneroo Cell 4 Agreed Structure Plan No. 6 (Hocking and Pearsall) and Amendment No. 2 to Agreed Structure Plan No. 42 – Hocking Neighbourhood Centre, to the Western Australian Planning Commission for its adoption and certification;

3.      Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL Amendment No. 32 to East Wanneroo Cell 4 Agreed Structure Plan No. 6 (Hocking and Pearsall), included as Attachment 2, and Amendment No. 2 to Agreed Structure Plan No. 42 – Hocking Neighbourhood Centre, included as Attachment 2, once adopted by the Western Australian Planning Commission; and

4.      NOTES the Schedule of Submissions received in respect of Amendment No. 32 to East Wanneroo Cell 4 Agreed Structure Plan No. 6 (Hocking and Pearsall), and Amendment No. 2 to Agreed Structure Plan No. 42 – Hocking Neighbourhood Centre, included as Attachment 3, ENDORSES Administration’s comments and recommendations in response to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission and ADVISES the submitters of its decision.

Procedural Motion

Moved Cr Newton, Seconded Mayor Roberts

That the Motion be deferred to seek further advice on planning conditions.

Carried Unanimously

File Ref:                                              5755 – 14/345522

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Driver

That Council:-

1.       Pursuant to Section 75 of the Planning and Development Act 2005 ADOPTS Amendment No. 119 to District Planning Scheme No. 2 for the purpose of:

(i)      Inserting a new clause 4.5.4 and 4.5.5 as follows:

"4.5.4         Split Density Code – Development

Where a split residential density code is depicted on the Scheme Maps, any development shall conform to the lower density code applicable to the lot, unless the Council determines that development up to the higher density code would comply with the following requirements:

a)      Sufficient capacity exists in all necessary public utility services to adequately meet the needs of the development;

b)      The development has one consolidated vehicular access point with reciprocal access rights to serve all dwellings, and restricted vehicular access to other areas of road frontage;

c)      All dwellings located adjacent to the street frontage present to the streetscape and provide passive surveillance of the public realm; and

4.5.5           Split Density Code – Subdivision

Council will base its recommendations in respect to applications for subdivision of land depicted on the Scheme Maps with a split residential density code in accordance with the development requirements set out in clause 4.5.4."

(ii)     Amending the scheme maps as depicted in Attachment 1.

2.       FORWARDS Amendment No. 119 to District Planning Scheme No. 2 to:

a)   The Environmental Protection Authority for comment pursuant to Section 81 of the Planning and Development Act 2005;

b)   The Western Australian Planning Commission for its consent to advertise under Regulation 25AA of the Town Planning Regulations 1967; and

3.       Subject to no objections being received from the Environmental Protection Authority and consent to advertise from the Western Australian Planning Commission, ADVERTISES Amendment No. 119 to District Planning Scheme No. 2 for public comment pursuant to Regulation 25(2) of the Town Planning Regulations 1967 for a period of 42 days.

Carried Unanimously

Crs Hayden, Truong, Aitken and Newton returned to the meeting at 7:58pm

File Ref:                                              2957-02 – 14/324055

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Recommendation

That Council:-

1.       Pursuant to Clauses 9.6.1 (b) of the City of Wanneroo District Planning Scheme No. 2, RESOLVES that Amendment No. 2 to Drovers Place Precinct Agreed Structure Plan No. 80, included as Attachment 2, submitted by Roberts Day Group on behalf of the Roman Catholic Archbishop of Perth is SATISFACTORY, subject to the recommended modifications listed in the Schedule of Modifications included as Attachment 5 being made to the satisfaction of the Director Planning and Sustainability;

2.       Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, SUBMITS three copies of Amendment No. 2 to Drovers Place Precinct Agreed Structure Plan No. 80 to the Western Australian Planning Commission for its adoption and certification, once modified in accordance with 1. above;

3.       Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS the duly modified Amendment No. 2 to Drovers Place Precinct Agreed Structure Plan No. 80 and AUTHORISES the Director, Planning and Sustainability to SIGN the Amendment documents; and

4.       NOTES the Schedule of Submissions received in respect of Amendment No. 2 to Drovers Place Precinct Agreed Structure Plan No. 80 included as Attachment 3, ENDORSES Administration’s comments and recommendations in response to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission and ADVISES the submitters of its decision.

Procedural Motion

Moved Cr Winton, Seconded Cr Newton

That the Motion be deferred for further environmental advice.

Carried Unanimously

File Ref:                                              2080 – 14/367227

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Guise, Seconded Cr Treby

That Council:-

1.       OBJECTS to Metropolitan Region Scheme Amendment 1276/57 relating to Lots 1, 2, 7, 12, 13, 36 – 38 Caporn Street, Wanneroo because it is contrary to Local Planning Policy 5.3: East Wanneroo, and this presents the following issues:-

a)      It may set a precedent for further ad hoc, piecemeal planning rather than the East Wanneroo area being subject to a comprehensive planning approach as proposed under LPP 5.3;

b)      Through requiring that MRS rezoning to Urban occur through only two amendments covering the total potential urban area, LPP 5.3 aims to facilitate a collaborative approach being taken by the various landowner groups and their respective consultants who are active in that area.  Piecemeal MRS Amendments discourages such collaboration occurring between the landowner groups;

c)      The Amendment Report refers to only two things needing to be done for the WAPC to then lift Urban Deferment: preparation of a DSP, and a Bushfire Hazard Assessment being undertaken.  The planning framework to be established through the LPP 5.3 planning process involves a number of other important elements, including Local Structure Plans (LSP) and Development Contribution Plans (DCP), which need to be in place prior to subdivision stage; and

d)      It does not allow the City to implement a proper accreditation and accounting system to handle subsequent claims for DCP credits;  

2.       FORWARDS a copy of this Administration report to the Western Australian Planning Commission (WAPC) as the City's formal response to proposed Metropolitan Region Amendment 1276/57;

3.       ADVISES the WAPC and the Department of Planning that it seeks to continue to work with the State planning agencies to arrive at a shared approach, based on LPP 5.3, which will facilitate the establishment of a comprehensive planning framework and enable the East Wanneroo area to develop in an orderly and proper manner;  and

4.       ADVISES the WAPC and the Department of Planning that while Council is objecting to this current MRS Amendment for this land on Caporn Street, it would support an MRS amendment which involved rezoning to Urban of all of the land north of Dundebar Road which is shown as potential urban under the East Wanneroo Structure Plan.

Carried Unanimously

File Ref:                                              2957-03 – 15/11856

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Cvitan, Seconded Cr Aitken

That Council, pursuant to Section 31 (2) (b) of the State Administrative Tribunal Act 2004, VARIES its decision made at its Meeting of 14 October 2014 (PS05-10/14), by DELETING the following item of that decision:

4.       Pursuant to Section 31 (2) (c) of the State Administrative Tribunal Act 2004, SET ASIDE the deemed refusal of Amendment No. 3, and pursuant to Clause 9.6.1 (b) of the City of Wanneroo District Planning Scheme No. 2, and subject to item 2. above, RESOLVE that Amendment No. 3 to Drovers Place Precinct Agreed Structure Plan No. 80, included as Attachment 2, is SATISFACTORY and SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification;

and REPLACING it with the following:

4.       Pursuant to Section 31 (2) (c) of the State Administrative Tribunal Act 2004, SET ASIDE the deemed refusal of Amendment No. 3; and pursuant to Clause 9.6.1 (b) of the City of Wanneroo District Planning Scheme No. 2, RESOLVE that Amendment No. 3 to Drovers Place Precinct Agreed Structure Plan No. 80, dated 13 January 2015 and as included as Attachment 2 of this Report, is SATISFACTORY and SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification.

carried

10/5

For the motion:           Cr Aitken, Cr Cvitan, Cr Driver, Cr Guise, Cr Parker, Mayor Roberts,
Cr Smithson, Cr Truong, Cr Winton and Cr Zappa

Against the motion:   Cr Hayden, Cr Hewer, Cr Newton, Cr Nguyen and Cr Treby

File Ref:                                              13352 – 14/76926

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Zappa

That Council:-

1.       NOTES the submissions received as summarised in Attachment 2 in respect to the proposed closure of the unnamed road reserve where identified in Attachment 1, and ENDORSES Administration's responses to those submissions;

2.       SUPPORTS the proposed closure of the entire unnamed road reserve where identified in Attachment 1;

3.       AUTHORISES a request being made to the Minister for Lands pursuant to Section 58 of the Land Administration Act 1997, for the permanent closure of the unnamed road reserve where identified in Attachment 1 and REQUESTS that the Department of Lands prepare an access easement in gross from Lot 502 (349K) Scenic Drive, Wanneroo to the Scenic Drive road reserve to the benefit of the City of Wanneroo as grantee; and

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

Carried Unanimously

File Ref:                                              8755 – 14/284612

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Newton, Seconded Cr Zappa

That Council:-

1.       NOTES the submissions received as summarised in Attachment 3 in respect to the proposed closure of the pedestrian accessway formally known as Portion Lot 1055 (20P) Feathertop Rise, Alexander Heights, and ENDORSES Administration's responses to those submissions;

2.       DOES NOT SUPPORT the closure of the pedestrian accessway formally known as Portion Lot 1055 (20P) Feathertop Rise, Alexander Heights, between Feathertop Rise and The Avenue, Alexander Heights, where identified on the plan included as Attachment 1;

3.       ADVISES the adjoining landowners, Department of Lands, Department of Planning, and the submitters of its decision; and

4.       REQUESTS Administration prepare a management strategy that may assist in reducing anti-social behaviour within the pedestrian accessway formally known as Portion Lot 1055 (20P) Feathertop Rise, Alexander Heights within three months for consideration of Council and to provide a further update to Council by December 2015.

5.                     

Carried Unanimously

File Ref:                                              7410 – 14/197417

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       3  

Previous Items:                                   CB06-11/12 - Proposed Excision and Purchase of a portion of Crown Reserve 45553, Hidden Valley Park, Clarkson - Ordinary Council - 13 Nov 2012 7.00pm      

Moved Cr Cvitan, Seconded Cr Aitken

That Council:-

1.       NOTES that Council at its Ordinary Meeting of 13 November 2012 (CB06-11/12) authorised the excision and purchase of a 945m² portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson at 5% unimproved market value determined by the Valuer General plus GST if applicable subject to the Western Power Corporation entering into a conditional Contract of Sale with the City of Wanneroo;

2.       NOTES that Council at its Ordinary Meeting of 13 November 2012 (CB06-11/12) approved the City of Wanneroo to enter into a conditional Contract of Sale with Western Power Corporation for the sale of a 945m² portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson at the market value determined by the Valuer General, plus GST if applicable;

3.       NOTES that no submissions were received to the advertisements for the proposed excision, purchase and disposal of the  sale of the 945m² portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson;

4.       AUTHORISES the Chief Executive Officer to affix the Common Seal of the City of Wanneroo, and execute a Deed of Agreement between the City of Wanneroo, the Western Power Corporation and the Public Transport Authority;

5.       AUTHORISES the Chief Executive Officer to affix the Common Seal of the City of Wanneroo, and execute a Deed of Easement between the City of Wanneroo and the Western Power Corporation over a 22.2m² (subject to survey) portion of Lot 608, (24K) Hidden Valley Retreat, Clarkson; and

6.       APPROVES BY ABSOLUTE MAJORITY, the unbudgeted expenditure of approximately $115,500 pursuant to Section 6.8(1)(b) of the Local Government Act 1995, to be fully funded by a contribution from the Public Transport Authority for the relocation of storm water pipelines.

Carried by Absolute Majority

14/0

Cr Zappa returned to the meeting at 8:17pm.

File Ref:                                              5559 – 14/239371

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Parker

That Council:-

1.       APPROVES in principle, a commercial lease of a 14.2481m² portion (Office One) at Lot 90 & Lot 91, (935) Wanneroo Road, Wanneroo (Attachment 1 refers) to the Wanneroo Business Association (Inc.) for a term of three (3) years commencing 12 March 2015, subject to the requirements of section 3.58 of the Local Government Act 1995;

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

3.       NOTES if any submissions are received a further report will be presented to Council; and

4.       In the event there are no submissions,

a)      NOTES the Chief Executive Officer under delegated authority will approve the lease; and

b)      AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and the Wanneroo Business Association (Inc.) in accordance with the City's Execution of Documents Policy.    

Carried Unanimously

File Ref:                                              4238 – 14/379824

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Parker

That Council:-

1.       APPROVES in principle, a commercial lease of approximately 80m² portion of Lot 101 (3) Rocca Way, Wanneroo to Tracey Cottrell, for a term of five (5) years commencing within four (4) weeks of the lease being signed subject to the requirements of the Commercial Tenancy (Retail Shops) Act 1985;

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

3.       In the event there are no submissions,

a)      NOTES the Chief Executive Officer under delegated authority will approve the lease; and

b)      AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and Tracey Cottrell in accordance with the City's Execution of Documents Policy.

Carried Unanimously

File Ref:                                              7242 – 14/362414

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Zappa, Seconded Cr Smithson

That Council:-

1.       SUPPORTS the ongoing practice of giving priority to installing bus shelters at sites that meet the Public Transport Authority's Bus Shelter Grant Scheme;

2.       NOTES Public Transport Authority's advice regarding Bus Stop No. 26506 – Benenden Avenue and Bus Stop No. 23498 – Viridian Drive;

3.       SUPPORTS the removal of Bus Stop No. 26506 – Benenden Avenue and Bus Stop No. 23498 – Viridian Drive from the 2014/2015 Bus Shelter Installation Program;

4.       SUPPORTS the installation of a bus shelter at Bus Stop No. 26107 – Waldburg Drive after Whyalla Chase;

5.       SUPPORTS the installation of bus shelters at Bus Stop No. 26937- Joondalup Drive after Mistletoe Drive and Bus Stop No. 17998 - Marmion Avenue after Anchorage Drive as part of the 2014/2015 Bus Shelter Installation Program;

6.       ADVISES those residents that provided a response during community consultation of Council's Decision; and

7.       APPROVES the following budget variations to accommodate the shortfall in funding for the Bus Shelter Installation Program:

Carried Unanimously

File Ref:                                              3125V02 – 14/358682

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Zappa, Seconded Cr Smithson

That Council:-

1.       ENDORSES the proposal to apply a posted 40km/h speed limit on a section of Ocean Keys Boulevard between Key Largo Drive and Marmion Avenue, Clarkson;

2.       ADVISES Main Roads WA of Council's endorsement of this speed reduction on Ocean Keys Boulevard; and

3.       REQUESTS Main Roads WA to consider the installation of Electronic Speed Limit Signs in the section of Ocean Keys Boulevard between Key Largo Drive and Marmion Avenue, Clarkson to create a more visible 40 km/h speed zone.

Carried Unanimously

File Ref:                                              5597 – 14/323238

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Zappa, Seconded Cr Smithson

That Council:-

1.       APPROVES the installation of 'NO STOPPING' signs on the southern/western side of Headingly Crescent, Butler (siding the Fire Station site) between Lukin Drive and Connolly Drive Access Road as shown in Attachment 2;

2.       ADVISES Butler Career Fire Station and Brighton Catholic Primary School of Council's decision; and

3.       REQUESTS Brighton Catholic Primary School to advise parents of Council's decision.

Carried Unanimously

File Ref:                                              1859 – 15/1053

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Guise, Seconded Cr Hayden

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