Planning Policy 5.3

1.         In January 2015 Council recommended to adopt amended Planning Policy 5.3 and advertise it for public comment for 42 days in local papers, displayed at City’s administration centres with letters sent to effected land owners. Has this occurred?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

The draft Administration report on the East Wanneroo planning process matter, was included on the agenda for the Elected Members’ Briefing Session of 17 January 2015, was subsequently withdrawn from that agenda.  While the recommendation in that draft report referred to actions being undertaken, these actions have not occurred as the matter has not subsequently been considered by Council.

2.         At the end of 2014, Council and WAPC were working towards a position for a strategy for East Wanneroo, however a report was withdrawn in January 2015 on the basis of requiring further research. It is understood that a submission regarding East Wanneroo went to the Commission in May. What was the outcome of that submission?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

It is assumed that this question is referring to a submission made by Administration to the WAPC on an application to amend the Metropolitan Region Scheme to rezone lots 28 and 29 Belgrade Road and lots 10 and 11 Dundebar Road, Wanneroo from Rural to Urban.

Administration’s submission did not support the proposal because it is contrary to Local Planning Policy (LPP) 5.3: East Wanneroo.

In respect to the outcome of the submission, the City has not yet received any further advice from the WAPC as to whether it will be proceeding to prepare the amendment or not.

3.         In May 2015 Minister John Day released a media statement and announced that the future of Perth and Peel were mapped out, with population growth expected to reach 3.5 million by 2050 with 800,000 new houses being required, including draft plans defining where people live and work. This resulted in an infill target of 47% and East Wanneroo was identified as one of these areas for infill. In Wanneroo existing dwellings will reach 202,523 and a population increasing to 740,318. Has Council acknowledged the Ministers request that local council identify land close or adjacent to existing infrastructure for the purpose of urban development through infill?

Response by Director, Planning and Sustainability

Last month the Council adopted a comprehensive submission on the document recently released by the WA Planning Commission and will forward a copy of that submission with a detailed answer.

Clarification on rumours about East Wanneroo and the land immediately east of Wanneroo

1.         Clarification is requested on rumours heard about East Wanneroo and the land immediately east of Wanneroo. One rumour is about transport of all kinds and another is that the WAPC and WA government are urging along the progress to changing all the East Wanneroo area to urban deferred or something similar.

A further rumour is that the WAPC and WA government has directed local governments, including the City of Wanneroo to find suitable infill land. Rumours surround the mushroom farm being on again off again.

Another rumour is that one piece of land east of Wanneroo has now been confirmed as urban deferred with the City of Wanneroo’s endorsement in spite of an earlier declaration of not supporting piecemeal approaches.

Can the City clarify the basis of these rumours and where the City stands in its approach to the development of the land east of Wanneroo?

Does the City of Wanneroo intend to support and work with WA government and WAPC in their endeavour to get the land rezoned?

Response by Director, Planning and Sustainability

Not sure of the extent of the rumours, but a written response will be given based on the City’s understanding of the issues and the truth or facts on these matters and will clarify the City’s position as outlined in Council Policy.

Further Response by Director, Planning and Sustainability

The City does not know exactly what the nature of the rumours may be.  However, the following information is provided in respect to the various matters raised in this question.

       In respect to transport, the draft North-West Sub-regional Planning Framework includes several significant proposals affecting the East Wanneroo area:

·                A potential passenger rail aligned to the east of the East Wanneroo area, and then linking westward to join the northern suburbs railway at Clarkson.  (The City’s submission strongly supported a potential additional major public transport corridor within the City, subject to this being aligned through the East Wanneroo urban area, rather than in the State Forest area to the west).

·                A proposed extension of Tonkin Highway (as the Whiteman to Yanchep Highway) aligned to the east of East Wanneroo.  (The City’s submission strongly supported this proposal).

Regarding whether “… the WAPC and WA Government are urging along the progress to changing all of the East Wanneroo area to urban deferred or something similar”, the City cannot speak on behalf of the WAPC or WA government as to what their position may be.

However, it may be noted that the draft North-West Sub-regional Planning Framework, in its implementation section, includes an ‘Action’ in respect to urban expansion areas (ie: East Wanneroo) that region scheme amendments be undertaken by the Department of Planning. It should also be noted that the matter of possible initiation of amendments to the MRS is being discussed between City Administration and Department of Planning.  This is part of the consultation with the State planning agencies Council required at its Meeting of 16 September 2014, in considering the WAPC decision to prepare an MRS amendment to rezone land on Dundebar Road, Wanneroo to Urban Deferred.

Regarding whether “… the WAPC and WA government has directed local governments, including the City of Wanneroo to find suitable infill land”, the WAPC has not given such a direction.  They have, as part of their Directions 2031 and Beyond planning strategy, set targets which they wish each local government to endeavour to achieve, and are monitoring performance against those targets.

This City is addressing these targets through its Local Housing Strategy and associated implementation policy, which involves proposals for increases in the Coding of identified parts of the City.

Regarding “… the mushroom farm being on and off again”,  assuming this is referring to Crown Mushrooms, this is currently not operating.  An application for planning approval has been received from the current owners, which if approved, would mean a recommencement of operation, but without the previous on-site composting aspect of the operation. 

The City has requested further information from the applicant to enable the application to be advertised for public comment.  The City is still awaiting this information.

Regarding whether “… one piece of land east of Wanneroo has now been confirmed as urban deferred with the City’s endorsement in spite of an earlier declaration of not supporting piecemeal approaches”,  no such land has been rezoned like this with the City’s recommendation.

It may be noted however, small pockets of land on the north side of Dundebar Road and Caporn Street have recently been rezoned to Urban Deferred.  (Council considered these proposals at its meetings of 16 September 2014 and 3 February 2015 respectively).  None of these proposals have been supported by Council.

In respect to “… where the City stands in its approach to development of the land east of Wanneroo”,  Council’s position is still as set out in its Local Planning Policy (LPP) 5.3: East Wanneroo. One of the objectives of LPP 5.3 is  to “set out a planning process which will result in the establishment of the planning framework required for urban and related development to be able to occur in the Policy Area in an orderly and proper manner”.

Council’s position in respect to East Wanneroo is also referred to above in relation to the draft North-West Sub-regional Planning Framework proposals for the area.  Also as noted above, as part of Council’s consideration of the WAPC decision to prepare the MRS amendment for the Dundebar Road land, Council has resolved to seek to work with the State planning agencies to arrive at a shared approach, which will facilitate the establishment of a comprehensive planning framework for the East Wanneroo area.

Regarding the question: “Does the City of Wanneroo intend to support and work with WA government and WAPC in their endeavour to get the land rezoned?”  Yes it does, subject to further consideration of the local community’s views on these proposals through the rezoning and other approvals processed.

2.         It is requested that answers be given honestly and not referred back to staff at the City of Wanneroo. There is no point taking questions on notice as it goes to the same people and with the same non answers. These matters need to be determined as true or not and the Council’s position in supporting the WA government’s desire to progress this land. This does not need much research, it should be a yes/no answer?

Further Response by Director, Planning and Sustainability

The City stands by the answers given in a public arena in writing, they are complex issues not yes/no answers and the City will answer them as best as it can.

Response by Deputy Mayor Newton

The mushroom farm rumour is that the new owners of the land have asked the government to have the licence reinstated and State government is looking at this. The Member for Wanneroo is following up on this.

3.         It is understood that this request was put to Council and not the State Government?

Further Response by Deputy Mayor Newton

The City of Wanneroo does not issue these licences as it is not part of local government processes.

Issues with Lot 2, part lot 9014 Two Rocks Road, Yanchep

1.         Capricorn Resort precinct has long been enjoyed by residents of Two Rocks and Yanchep.  New housing development in both communities has seen a large number of new residents to the area who are not conversant with the historical importance of such a precinct.  Very little information has been made public regarding the revised plan for the area, disallowing the public the chance to give their input over the new proposal.  Why was there no public consultation period to allow the public deputations to address the issue?

Response by Director, Planning and Sustainability

The Structure Plan has been subject to the normal public consultation.

2.         Yanchep Two Rocks has historically been a tourist friendly destination and tourism is embedded in this area’s uniqueness, facilities and attractions.  The area set aside for tourist friendly activities in the plan is only a small acreage.  Does Council have the ability to require the developers of this privately owned land to increase the area for tourism, such as camping and short term accommodation, or will they allow the developers free reign to purely have residential development?

Response by Director, Planning and Sustainability

The Council does have the capacity to increase the size of the tourism precinct and through report PS01-08/15 on tonight’s Agenda, Council is being asked to adopt the Structure Plan.  It is within Council’s power to determine the size of the precincts within that Structure Plan that they adopt.  The current agreement with the developers is to allow a precinct of 1.5-2ha and the change being considered is one that takes the precinct from one where a range of uses are permissible, including residential, to one which precludes those uses other than tourism.  This is beneficial to tourism and it is something that Council has long been concerned about.  As a planning authority we can zone land for that purpose and exclude other uses from that zoning but cannot compel a developer to build something that is not commercially viable, we can only allow the land for it. 

Issues with Dewars Track, Two Rocks

1.         At the AGM in December 2014 a motion was proposed that the City increase its number of Rangers.  What was the outcome of Council’s investigation for increasing patrols for parking and security and have the Ranger numbers increased?

Response by Director, Community and Development

Question taken on notice.

Further Response by Director, Community and Development

In response to the motion you refer to at the AGM in December 2014, Administration submitted a proposal to increase ranger resources for consideration as part of the 15/16 budget planning process. Unfortunately, due to so many competing demands in a growth Council, at this stage additional resources have not been allocated. As the City continues to review community needs and priorities, there may be opportunity to consider this additional allocation in the future. The City has however increased its focus specifically on Dewars Track and the adjacent areas, with resultant increased patrols both implemented and planned.

2.         Is an update available on the status of the Dewars Track?

Response by Director, Assets

Options are being analysed currently with upgrades and the associated issues regarding the track and once that work is completed a report will be brought to Council for further direction.

3.         Is Council aware there is a petition circulating in the community calling for the relocation of the track and easement entrance to Dewars away from residential homes?

Response by Director, Assets

No, Council is not aware of such a petition.

4.         Residents are reporting there has been a significant increase in antisocial behaviour and hooning along Damepattie and Sovereign Drives, causing them to call police and ranger services. Has there been an increase in the infringements issued by Rangers and could Council provide details of how many have been issued in the last six months?

Response by Director, Community Development

There has not been an increase recently in infringements.  One letter has been received from a resident in the last week with regard to Damepattie Drive. Data has been collected to assist in forming a new management plan for the area, as follows.

Infringements issued by the City’s Rangers and Parking Compliance officers over the past six months:

Sovereign Drive, Two Rocks – 2 x infringement notices issued 1 x 23/2/2015 and 1 x 19/7/2015.

Damepattie Drive, Two Rocks – 1 x infringement notice issued 1 x 26/7/2015.

5.         Would Council consider teaming with police for a targeted approach on or near the entrance to curb antisocial behaviour as the warmer months begin and traffic increases?

Response by Director, Community Development

Administration is liaising with WA Police in regards to an appropriate approach that would see their increased presence in the upcoming months.

Moved Cr Parker, Seconded Cr Treby

That the minutes of the Ordinary Council Meeting held on 21 July 2015 be confirmed.

Carried Unanimously

Moved Cr Cvitan, Seconded Cr Treby

That the minutes of the Special Council Meeting held on 28 July 2015 be confirmed.

Carried Unanimously

In the 10 August West Australian newspaper there was a brief article about the Inghams Chickens licence renewal. The smell and noise from this facility affects 5 of our suburbs.

The Director has been asked whether Council can put in a submission before the closing date of 31 August. This is to address whether the planning approval allows for a 24/7 manufacturing industry.

Council encourages people to have their say before the deadline of 31 August.

In regards to the impact of the feasibility study of an ocean pool on the City’s ability to meet its current time lines of coastal protection works as a result of the contemplative ocean study?

Response by Director, Assets

The City is currently undertaking a study to develop long term coastal protection options. The resulting works will be undertaken over a number of years. Stage 1 to be delivered during 2016/17 and will not be impacted by the proposed Ocean Pool feasibility.

In reference to an article in 17 August 2015 West Australian regarding the lack of female representation on Councils. In the City of Wanneroo there is 46% representation of females on Council as close to half and half, and even with apologies tonight that percentage is still maintained. Do you recognise this fact Madam Deputy Mayor?

Response by Deputy Mayor Newton

Certainly do recognise this.

Cr Hewer presented a petition of 34 signatories requesting Council’s consideration to object to the extension of trading hours.

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

Cr Winton presented a petition of 130 signatories requesting Council’s consideration to object to permanently closing land designed as a pedestrian access way between 10 and 11 Nott Place and Oldham Park, Yanchep.

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

Moved Cr Cvitan, Seconded Cr Nguyen

That the petitions be received and forwarded to the relevant Directorate for action.

Carried Unanimously

Cr Nguyen presented a petition of 36 signatories requesting Council’s consideration of the closure of the laneway linking Curtis Way and Morgan Way, Girrawheen to help reduce the amount of anti-social behaviour, burglaries, buying and selling of illicit drugs and littering.

Update

Administration has prepared a letter to send to the principal petitioner, advising of what actions are required prior to Administration being able to consider the closure of the pedestrian accessway between Curtis Way and Morgan Way, Girrawheen.

Cr Newton presented a petition of 3 signatories attesting to the odour emitted by Ingham Enterprises animal feed manufacturing plant and hatchery located at 1040 Wanneroo Road, Sinagra and ask that Council lobby the Legislative Assembly to restrict the legal odour emission quota of Ingham Enterprises' operations located in Sinagra under section 56 of the Environmental Protection Regulations Act of 1986.

Furthermore, the petitioners request that the renewal of Ingham's licence under this Act in September 2015 only be granted upon the condition that the company undertakes preparatory action to relocate operations away from the Wanneroo town site to prevent further debilitation preferably that the hatchery relocate within two years of licence renewal, and the feed mill within five years of licence renewal.

Update

Governance has forwarded this petition to the local member for them to present to the Legislative Assembly.

Cr Treby presented a petition of 158 signatories from residents of Landsdale seeking the support of Council in its determination of proposed Amendment No.14 to the East Wanneroo Cell 5 Agreed Structure Plan No.7.

Update

Amendment No. 14 to the East Wanneroo Agreed Structure Plan No. 7 is currently being assessed by the City.  It is expected that a report on the proposal will be presented to the 15 September 2015 Council Meeting for consideration. 

File Ref:                                              2949V02 – 15/233097

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4

Previous Items:                                   PS04-06/12 - Adoption of Capricorn Coastal Node Centre Structure Plan No. 75 - Ordinary Council - 26 Jun 2012 7.00pm       

Moved Cr Nguyen, Seconded Cr Aitken

That Council:-

1.       DETERMINES that the modifications required by the Western Australian Planning Commission to the draft Capricorn Coastal Node Centre Structure Plan No. 75, included in Attachment 3 and Attachment 4, are SATISFACTORY, pursuant to Clause 9.4.1 of District Planning Scheme No. 2 subject to the following additional modifications;

a)      Amend Plan 1 to include an area of approximately 1.5ha - 2ha of Special Use Zone abutting the existing Coastal Foreshore Reserve in the vicinity of the Foreshore Road.

b)      Amend Plan 1 to replace the existing ‘Special Use Zone’ with ‘Residential’

c)      Remove requirements for a residential density of R60 within the Special Use Zone.

d)      Amend Clause 1.7.4 within the Part 1 Text (Special Use Zone Objectives) to remove all references to residential development including the deletion of 1.7.4 (d).

e)      Amend Clause 1.7.2 and 1.8.3 within the Part 1 Text (Mixed Use Zone and Commercial Zone Provisions) to remove all references to holiday home, serviced apartment and short term accommodation.

f)       Amend Clause 1.8.4 within the Part 1 Text (Table 1 Special Use Zoning Table) to remove the following land uses;

‘Multiple Dwelling’
‘Group Dwelling’
‘Residential building’

2.       Pursuant to subclause 9.4.1 a) of District Planning Scheme No. 2, WAIVES public advertising of the modifications required by the Western Australian Planning Commission included in Attachment 3 and Attachment 4, on the basis that the modifications do not significantly or materially depart from the version of the draft Capricorn Coastal Node Centre Structure Plan No. 75 that was advertised for public comment and readvertising of the modified Structure Plan would be unlikely to cause the modifications to be reconsidered;

3.       DETERMINES that the draft Capricorn Coastal Node Centre Structure Plan No. 75, included as Attachment 4, modified in accordance with the modifications required by the Western Australian Planning Commission in Attachment 3 and those in Resolution 1, is satisfactory, pursuant to Clause 9.6.1 of District Planning Scheme No. 2;

4.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to the duly modified Capricorn Coastal Node Centre Structure Plan No. 75 document, included as Attachment 4, pursuant to Council Resolution No.4 for Item PS04-06/12 in accordance with the City’s Execution of Documents Policy; and

5.       FORWARDS 3 copies of the signed Part 1, included as Attachment 4 subject to modifications in Attachment 3 and Resolution 1, to the Western Australian Planning Commission for certification.

Carried Unanimously

File Ref:                                              20484 – 15/149182

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Nguyen, Seconded Cr Aitken

That Council:-

1.       Pursuant to Clause 9.4.1 of District Planning Scheme No. 2, DETERMINES that Draft Yanchep City Centre Activity Centre Structure Plan No. 100, included in Attachment 2, as submitted by CLE Town Planning & Design on behalf of Yanchep Beach Joint Venture, is SATISFACTORY to advertise without any modifications; and,

2.       Pursuant to Clause 9.5 of District Planning Scheme No. 2, INITIATES public advertising of Draft Yanchep City Centre Activity Centre Structure Plan No. 100 included in Attachment 2.

Carried Unanimously

File Ref:                                              22245 – 15/200538

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil.

Attachments:                                       Nil       

Moved Cr Parker, Seconded Cr Zappa

That Council:-

1.       Pursuant to Section 6.8 (1)(b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $82,888 excluding GST, to be funded from the Sustainability Investment Fund Reserve;

2.       APPROVES the funds to be utilised for the installation of:

a)   Next Energy installing additional solar panels and energy monitoring system at Aquamotion;

b)   Next Energy installing additional solar panels at Kingsway Indoor Stadium and Clarkson Library; and

c)   Power Intelligence installing a voltage optimisation system at Aquamotion.

Carried by Absolute Majority

13/0

File Ref:                                              21724 – 15/294672

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Guise, Seconded Cr Zappa

That Council ACCEPTS Tender 01523 from Fencewright for Fabrication and Installation of Garrison Style Perimeter Fencing to part of Marangaroo Golf Course for the tendered lump sum of $427,200.00 in accordance with the General Conditions of Tendering.

Carried Unanimously

File Ref:                                              8706V02 – 15/209023

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Zappa

That Council:-

1.       ACCEPTS the petitioners request for the construction of a pathway along Caporn Street between San Teodoro Avenue to Pinjar Road, Sinagra;

2.       Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $40,000 to undertake the construction of a pathway along Caporn Street between San Teodoro Avenue to Pinjar Road, Sinagra and NOTES the following budget variation:-

3.       ADVISES the petition organiser of Council’s Decision.

Carried BY ABSOUTLE MAJORITY

13/0

File Ref:                                              8706V02 – 15/215694

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       15         

Moved Cr Guise, Seconded Cr Zappa

That Council:-

1.       NOTES the outcomes of the community consultation and PROCEEDS with the construction of the following pathway projects approved in the 2015/16 Pathways and Trails Capital Works Program:

·  PR-2726 : Germano Link, Wanneroo

·  PR-2743 : Rawlinson Drive, Marangaroo

·  PR-2737 : Binstead Court, Koondoola

·  PR-3066 : Matta Way, Pearsall

·  PR-2499 : Southmead Drive, Landsdale

·  PR-2502 : Amery Road, Hocking

2.       ADVISES those residents that indicated they would like to be notified as part of the community consultation of Council’s decision.

Carried Unanimously

File Ref:                                              2883 – 15/239978

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Winton

That Council delegate BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to approve or refuse applications to keep more than two (2) dogs at a residential property in accordance with the attached instrument of delegation.

Carried BY ABSOLUTE MAJORITY

13/0

File Ref:                                              2379 – 15/164408

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Cvitan

That Council:

1.       ADOPTS the Terms of Reference for the Rating Strategy Review Committee; and

2.       APPOINTS by ABSOLUTE MAJORITY Mayor and Councillors to the Rating Strategy Review Committee.

Carried by absolute majority

13/0

File Ref:                                              1859 – 15/328571

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Cvitan

That Council RECEIVES the list of payments drawn for the month of July 2015, as summarised below:-