“I have complained about the noise from my neighbour’s air conditioner since December 2015 because his air conditioner is just located in front of my bedroom windows.

The City recorded the raw noise levels (LA10), 35.9dB and 38.2dB (for low and high set). But in the fourth test (19/12/2016), higher raw noise levels (LA10) were recorded as 37dB, 40dB and 45dB (for low , median and high set. )

Based on the previous three tests which were done before 29/03/2016, the air conditioner only is allowed to use the low set at any day time which is stated very clear in the Wanneroo council letter issued on 24 May 2016(My file Ref: 16/176265). So it means its raw noise level should not be over 35.9dB because it cannot be allowed to use high set even its value is 38.2dB. (Please refer to the third test result.)

But on the fourth test result, it allowed my neighbour to use the high set at any day time (which was emailed to me on 22/12/2016). The raw recorded noise level for high set is 45dB.

1.        Compared with the 35.9dB of previous low set noise, you increased the allowed noise level to nearly 10dB. (45 -35.9 =9.1dB). It is a huge difference. Can you tell me why?

          Based on your senior environmental health officer email on 06/01/2016, you should add the 10dB penalty to the original raw recorded noise level before you compared with the assigned level if the noise from air conditioner is recorded in my bedroom.

2.       Why don’t you add this 10dB penalty to the raw recorded noise level in the fourth test result’s calculation? In the previous three noise tests, you have added this 10dB penalty adjustment to the raw recorded noise value.

3.     The fourth noise test in my bedroom was done on 19/12/2016. The result was sent to me  on 22/12/2016 by email. It only took you 3 days to get the result. But I have repeatedly asked your health officers to review the fourth test result for more than 30 times But I cannot get your explanation about the above questions yet. Can you tell me why?

4.     Since I asked your health officers to review the fourth test result, they rejected to answer me the above questions. But they rushed to arrange another fifth noise test again for me on 10 January 2017. At that time, they recorded noise level in my bedroom and at the same time specially go outside to pick a location which is 3m far away from the fence to record the noise again.  My questions are as following:

         I have never complained the outdoor location is the sensitive area for my family. Why did  your officers install the noise metre outside to redo the test?

 5.    Outdoor calculation is different with the indoor calculation because if the noise is recorded inside of my bedroom, the noise value should be added the 10dB penalty adjustment. Why I can’t I select the bedroom as the sensitive location to do the noise test as previously?

6.    Can I ask you again to use the recorded noise values in my bedroom to redo the fifth test report? Can you tell me the noise values in my bedroom recorded on the fifth test on 10 January 2017?

7.     You use the outdoor noise result to remove all other four test results which were all done in my bedroom. Do you think it is fair to my family? The sensitive area is decided by my family not your health officer. Why we cannot have the right to decide where to be sensitive area and installed the noise meter for test?

8.     Since 15/12/2016 until now for more than 40 days, I have repeatedly requested your health officer to install the noise meter in my bedroom to collect the evidence as the letter issued to me on 24 May 2016. But your health officers all ignore them. When can I get back the right to ask your officers to install the noise meter in my bedroom for collecting the noise evidence?

9.    If I request you to install the noise meter again, Where will you put the noise metre in my house? Now you only make outside of my backyard as the only place which is allowed to install the noise meter. So every time, you will notice my neighbour when you do the noise check because they can see the noise meter easily. What do you want?  What will be your next step for me to collect the noise evidence?”

 Response by Director, Planning and Sustainability

Thank you for your questions in relation to the City’s management of your air-conditioner noise issue.

Administration has on previous occasions already provided responses to Mr Rong on this issue.

The questions submitted substantially put in question the processes and calculations used by City Officers to determine noise emission levels for comparison with the assigned levels stipulated in the Environmental (Noise) Regulations 1997 (the Regulations).

As a result, the City has requested the Department of Environment Regulation (DER) Noise Branch to review the measurement data and make comment on the City’s assessment and the resulting restrictions provided to the owner of the air-conditioner to ensure compliance and to provide formal comment to the City. The decision for forwarding this request to the DER is based on this department being responsible for the implementation of the Regulations and providing noise training to all authorised officers.

All procedures and processes utilised during the last noise assessment was confirmed between a Noise Regulation Officer at the DER and an Environmental Health Officer at the City of Wanneroo on an informal basis. However, given the ongoing issues raised by Mr Rong a formal assessment has now been requested.

Once the City has received a formal response from the DER it will be passed on to you and arrangements made to carry out any recommendations made by the DER if provided.

“1.   We would like to request the Council to please consider turning lot 165 Bebich Drive, Wanneroo into two separate parcels on compassionate grounds?

2.    If possible we would please like the opportunity to meet with the Director of Planning and Sustainability to discuss the compassionate grounds promoting this application?

3.   If you believe it is not currently possible, when do you foresee this being a possibility under the scheme for it to be approved?”

 Response by Director Planning & Sustainability

1.         Any subdivision application would be lodged with and determined by the Western Australian Planning Commission (WAPC). The WAPC would refer any application it receives to the City, who would assess and respond with a recommendation to approve or refuse the application. The WAPC would then consider the referral responses from the City and any other relevant government agency, before making its decision.

In this instance, Administration would be unlikely to support any subdivision approval for the subject site. The subject site is zoned Special Rural 7, and is 14,380sqm in area. Under the City’s District Planning Scheme No. 2 (DPS 2), the minimum lot area is 10,000sqm. Given that a subdivision would create lot/s less than 10,000sqm, Administration could not support subdivision of the subject lot.

The City assess subdivision applications against the current planning framework, which does not take into account personal circumstance, and Administration’s recommendation would be based on this.

2.         The Director, Planning and Sustainability will organise a meeting to discuss the matter with the owners of Lot 165 Bebich Drive, Wanneroo.

3.         The draft North-West Sub-Regional Planning Framework (NWSRPF) prepared by the WAPC identifies that the site as remaining rural in the long term. Unless there is a change to the final NWSPRF, it is unlikely that there will be any change to allow for the subdivision of this site in the near future.”

Under DPS 2, the objectives of the Special Rural Zone are:

·                Designate areas where rural-residential retreats can be accommodated without detriment to the environment or the rural character;

·                Meet the demand for a rural lifestyle on small rural lots generally ranging from one to four hectares in size; and

·                Maintain and enhance the rural character and amenity of the locality.

In addition, under DPS 2, the land within the Special Rural Zone 7 may be used for residential and equestrian purposes only.

Public Questions asked at Council Meeting 07 February 2017

1.            Is any member of Council or their family members a current member or a recent member

within the last two years of Sun City Country Club or have any association with the club?

Response by Mayor Roberts

No they are not.

1.         I have received a response from the City of Wanneroo regarding my noise complaint about my neighbour and I am not happy with the response. This response and the process of calculation I believe is not correct and I feel that more information is still required. I have been requesting further noise tests and these noise tests have still not been undertaken. Initially when the noise tests were first undertaken these results are very different from the next noise tests, however the amount of noise is still there and I want to know why?

Response by Director, Planning and Sustainability

This matter has been ongoing since late 2015 and the City’s officers have been out to Mr Rong’s property on a number of occasions to undertake noise readings. Mr Rong’s issues relate to the process and the calculations used to undertake these readings by the City and this matter has now been referred to the Department of Environment Regulation, which is the appropriate authority and when this information is received back we will contact Mr Rong accordingly.

Response by Mayor Roberts

Do we have an expectation of a time when this information may be provided back to the City?

Further Response by Director, Planning and Sustainability

The City has informally contacted the Department of Environment Regulation and were informed that the City has undertaken the correct process, however, this is not a formal response.  No time period has been provided at this stage, however as mentioned the City will certainly ensure that Mr Rong is contacted.

2.         I just want to know how they calculated the noise levels?

Response by Mayor Roberts

Just confirming this has now been referred to a government agency Mr Rong and you will be informed of the outcome thank you.

Moved Cr Guise, Seconded Cr Simpkins

That the minutes of the Ordinary Council Meeting held on 06 December 2016 be confirmed.

                                                                                                                  Carried Unanimously

NOTE:       An administrative error was identified in the online published minutes of the Ordinary Council Meeting held on 6 December 2016.  Recommendation 5. on Replacement Page 217 for Item PS10-12/16 – Amendment No. 156 to District Planning Scheme No. 2 – Lot 499 (144) St  Andrews Drive, Yanchep had not been included.  The administrative error was rectified on the first working day after online publication with Recommendation 5 included as follows:-

“5.       AUTHORISES the Mayor and the CEO to SIGN and SEAL the Amendment No. 156 to District Planning Scheme No. 2 documentation.”

Cr Zappa presented a petition of 25 signatories requesting construction of traffic treatments on Hudson Ave, Girrawheen.

Update

A report will be presented to the 7 March Council meeting.

Cr Guise presented a petition of 372 signatories requesting the fast tracking of the dualling of Marmion Ave to Yanchep Beach Road.

Update

A report is presented to this Council meeting at item AS08-02/17.

Cr Sangalli presented a petition of 785 signatories objecting to Expression of Interest for lease of Yanchep Lagoon Café.

Update

A report is presented to this Council meeting at item CS17-02/17.

File Ref:                                              26644 – 16/416522

Responsible Officer:                           Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Sangalli, Seconded Cr Aitken

That Council:-

1.       Pursuant to Regulation 50(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 SUPPORTS, Amendment No. 157 to District Planning Scheme No. 2 as per Attachment 2 subject the following modification:

a)   Amending the use class ‘Liquor Store’ and ‘Tavern’ to A uses within Tables 1, 2, 3 and 4 of Schedule 16.

2.       Pursuant to Regulation 53(1) of the Planning and Development (Local Planning Scheme) Regulations 2015, PROVIDES Amendment No. 157 to District Planning Scheme No. 2 to the Western Australian Planning Commission together with a copy of Council’s resolution and all attachments to this report, for its consideration.

Carried Unanimously

File Ref:                                              27936 – 16/414513

Responsible Officer:                           Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Sangalli, Seconded Cr Aitken

That Council:-

1.         Pursuant to Section 75 of Planning and Development Act 2005 ADOPTS Amendment No. 159 to District Planning Scheme No. 2 (DPS 2) to rezone a portion of Lot 354 (25) Capilano Avenue, Yanchep from Public Use (Local Reserve) to Urban Development.

2.         Pursuant to Section 47(2) of Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) ADVISES the Western Australian Planning Commission that Amendment No. 159 to DPS 2 is a standard Amendment because the proposed amendment:

a)    Would have minimal impact on land in the   scheme area that is not the          subject of the amendment;

b)    Does not result in any significant environmental, social, economic or    governance impacts on land in the scheme area; and

c)    Is not a complex or basic amendment.

3.         Pursuant to Section 81 of the Planning and Development Act 2005 REFERS Amendment No. 159 to DPS 2 to the Environmental Protection Authority (EPA); and

4.         Subject to EPA approval, ADVERTISES Amendment No. 159 to DPS 2 for a period of 42 days.

Carried Unanimously

File Ref:                                              DA2016/1210 – 16/426930

Responsible Officer:                           Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Aitken, Seconded Cr Sangalli

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2, APPROVES the Development Application (DA2016/1210) for a Single House and Ancillary Accommodation at Lot 1147 (6) Cherokee Green, Clarkson, as shown in Attachment 2, subject to the following conditions:

a)      Stormwater and any other water run-off from buildings or paved areas shall be collected and contained on site.

b)      The driveway and crossover shall be designed and constructed to the residential specifications before occupation of the dwelling.

2.       ADVISES the submitters of its decision.

Carried Unanimously

File Ref:                                              4083 – 16/427639

Responsible Officer:                           Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Aitken, Seconded Cr Sangalli

That Council:-

1.       NOTES that there were no submissions received in respect to revisions drafted for Local Planning Policy 2.6: Ancillary Accommodation;

2.       Pursuant to Clause 5 and Clause 4(3)(b)(i) of the City of Wanneroo District Planning Scheme No. 2 Deemed Provisions, ADOPTS Local Planning Policy 2.6: Ancillary Accommodation, as included in Attachment 1;

3.       Pursuant to Clause 5 and Clause 4(4) of the District Planning Scheme No. 2 Deemed Provisions, PUBLISHES notice of its adoption of Local Planning Policy 2.6: Ancillary Accommodation in the Wanneroo Times and North Coast Times newspapers; and

4.       FORWARDS a copy of the adopted Local Planning Policy 2.6: Ancillary Accommodation to the Department of Planning for its information.

Carried Unanimously

File Ref:                                              25936 – 16/370735

Responsible Officer:                           Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Aitken, Seconded Cr Sangalli

That Council:-

1.       NOTES that the fence height is currently 1.8 metres and that the portion of the fence that was authorised by Council to be removed in its resolution of 10 July 1995 (Item TP264-07/95) was not removed;

2.       RESOLVES NOT to remove a portion of the existing 1.8-metre high timber fence at the end of Hurst Trail, Clarkson abutting Hester Avenue to provide a pedestrian connection between Hurst Trail and Hester Avenue; and

3.       ADVISES the submitters of Council’s decision.

Carried Unanimously

File Ref:                                              DA2016/1370 – 16/425703

Responsible Officer:                           Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Cvitan

That Council:

1.   Pursuant to Clause 68(2)(b) of the Deemed Provisions of the District Planning Scheme No. 2, APPROVES the Development Application (DA2016/1370) as shown in Attachment 2. for the Single House Addition (Outbuilding) at Lot 303 (14) Seurat Loop, Ashby, subject to the following conditions:

a)   This approval only relates to the proposed Single House Addition (Outbuilding), as highlighted on the approved plans. It does not relate to any other development on the site; and

b)   Stormwater and any other water run-off from buildings or paved areas shall be collected and contained on site.

2.   ADVISES the submitter of its decision.

Carried Unanimously

File Ref:                                              DA2016/987 – 16/439790

Responsible Officer:                           Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Cvitan

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2, APPROVES the development application (DA2016/987) as shown in Attachment 2 for the Single House Additions (Outbuilding) at Lot 57 (11) Feathertop Rise, Alexander Heights, subject to compliance with the following conditions:

a)   This approval only relates to the proposed Single House Additions (Outbuilding), as highlighted on the approved plans.  It does not relate to any other development on the lot.

b)   Stormwater and any other water run-off from buildings or paved areas shall be collected and retained on site.

c)   This approval is only valid from the date of Council’s decision and does not retrospectively authorise any previous unapproved use of the premises.

2.       ADVISES the submitter of its decision.

Carried Unanimously

File Ref:                                              3120V03 – 16/434836

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Aitken, Seconded Cr Fenn

That Council:-

1.       NOTES that Marmion Avenue dualling through to Graceful Boulevard / Romeo Road is planned over the next two financial years;

2.       REAFFIRMS its decisions made at Ordinary Council Meeting held on 6 December 2016 (Item AS01-12/16) seeking:

a.       the reclassification of Marmion Avenue as Primary Distributor Road by the State Government; and

b.      a timely dualling of Marmion Avenue to Yanchep Beach Road by the State Government or alternately the provision of State funding to the City to undertake the dualling as a high priority; and

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

Carried Unanimously

File Ref:                                              3000V02 – 16/374976

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Guise, Seconded Cr Cvitan

That Council:-

1.       NOTES that the proposed upgrade works to construct a splitter island for the left turn slip lane at Wanneroo Road at the intersection of Villanova Street does not improve the traffic flow or road safety aspect significantly; and

2.       AGREES to modify the Project Scope of the Current Project PR-2874 to:

a)      remove the design of the splitter island on Wanneroo Road; and

b)      proceed with the design of the extension of the median island on Villanova Street at the intersection and undertake associated public consultation, refer Attachment 4.

Carried Unanimously

File Ref:                                              24855 – 17/15172

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.       APPROVES BY ABSOLUTE MAJORITY the waiver of fees for use of City facilities as part the three Partnering Arrangements subject to this Report for the period of January 2017 – June 2017, specifically:

a.       $3,887.50 to support the Rainbow Community Church – Food Ministry;

b.      $3,695 to support the i60 – Friend in Need Service;

c.       $4,000 to support the Metropolitan Migrant Resource Centre; and

2.       NOTES that a $50,000 budget bid will be submitted by Administration to allocate funds within the 2017/18 Budget for the provision of fee waiver components as part of future partnering arrangements.

Carried by Absolute Majority

File Ref:                                              25973 – 16/414952

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Guise, Seconded Cr Zappa

That Council RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 30 November 2016, consisting of:

1.       2016/17 Annual Adopted and Revised Budget;

2.       November 2016 YTD Revised Budget;

3.       November 2016 YTD Income and Expenditure;

4.       November 2016 Statement of Financial Position and Net Current Assets;

5.       November 2016 YTD Material Variance Notes; and

Carried Unanimously

File Ref:                                              25973 – 17/5541

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Guise, Seconded Cr Zappa

That Council RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 31 December 2016, consisting of:

1.       2016/17 Annual Adopted and Revised Budget;

2.       December 2016 YTD Revised Budgets;

3.       December 2016 YTD Actuals;

4.       December 2016 Statement of Financial Position and Net Current Assets; and

5.       December 2016 YTD Material Financial Variance Notes.

Carried Unanimously

File Ref:                                              1859 – 17/2819

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Moved Cr Zappa, Seconded Cr Simpkins

That Council RECEIVES the list of payments drawn for the month of December 2016, as summarised below:-