Proof_CouncilAgenda_Coverpage_Template_Governance

 

 

 

Council Agenda

 

 

 

 

 

 

 

Ordinary Council Meeting

5.30pm, 05 December 2017

Council Chambers, Civic Centre, Dundebar Road, Wanneroo


PUBLIC QUESTION AND STATEMENT TIME

 

1.         TIME PERMITTED

A minimum of 15 minutes is permitted for public questions at each Council Meeting.  If there are not sufficient questions to fill the allocated time, the person presiding will move to the next item.  If there are more questions than can be considered within 15 minutes, the person presiding will determine whether to extend question time. Each person seeking to ask questions during public question time may address the Council for a maximum of 3 minutes each. 

 

2.         PROTOCOLS

No member of the public may interrupt the meeting’s proceedings or enter into conversation. 

 

Members of the public wishing to ask a question/s at the Council Meeting are to register on the night at the main reception desk located outside of the Chamber.  Members of the public wishing to submit written questions are requested to lodge them with the Chief Executive Officer at least 30 hours prior to the start of the meeting (that is by noon on the day before the meeting).

 

The person presiding will control public question time and ensure that each person wishing to ask a question is given a fair and equal opportunity to do so.  Members of the public wishing to ask a question should state his or her name and address before asking the question.  If the question relates to an item on the agenda, the item number should be stated.

 

3.         GENERAL RULES

The following general rules apply to public question and statement time:

·                Questions and statements should only relate to the business of the local government and should not be a statement or personal opinion.

·                Only questions relating to matters affecting the local government will be considered at an ordinary meeting, and only questions that relate to the purpose of the meeting will be considered at a special meeting. 

·                Questions may be taken on notice and responded to after the meeting.

·                Questions may not be directed at specific Elected Members or Employees.

·                Questions are not to be framed in such a way as to reflect adversely on a particular Elected Member or Employee.

·                First priority will be given to persons who are asking questions relating to items on the current meeting agenda.

·                Second priority will be given to public statements.  Only statements regarding items on the agenda under consideration will be heard.

 

DEPUTATIONS

 

An informal session will be held on the same day as the Council meeting at the Civic Centre, Wanneroo, commencing at 6.00pm where members of the public may, by appointment, present deputations relating to items on the current agenda. To present a deputation members of the public are required to submit a request for deputation in writing at least three clear business days prior to the meeting addressed to the Chief Executive Officer.  A request for a deputation must be received by Council Support by 12 noon on the Friday before the Council Meeting.

·                Deputation requests must relate to items on the current agenda.

·                A deputation is not to exceed 3 persons in number and only those persons may address the meeting.

·                Members of a deputation are collectively to have a maximum of 10 minutes to address the meeting, unless an extension of time is granted by the Council.

 

Please ensure mobile phones are switched off before entering the Council Chamber.

For further information please contact Council Support on 9405 5027.


Recording of Council Meetings Policy

 

 

Objective

 

·         To ensure that there is a process in place to outline access to the recorded proceedings of Council.

 

·         To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.

 

Statement

 

Recording of Proceedings

 

(1)     Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public. 

 

(2)     Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.

 

(3)     No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.

 

Access to Recordings

 

(4)     Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer.  Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.

 

(5)     Elected Members may request a recording of the Council proceedings at no charge.  However, no transcript will be produced without the approval of the Chief Executive Officer.  All Elected Members are to be notified when recordings are requested by individual Members.

 

Retention of Recordings

 

(6)     Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.

 

Disclosure of Policy

 

(7)     This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.


 

 

Notice is given that the next Ordinary Council Meeting will be held at the Council Chambers, Civic Centre, Dundebar Road, Wanneroo on Tuesday 5 December, 2017 commencing at 5.30pm.

 

 

 

 

 

D Simms

Chief Executive Officer

30 November, 2017

 

 

 

CONTENTS

 

Item  1_____ Attendances_ 1

Item  2_____ Apologies and Leave of Absence_ 1

Item  3_____ Public Question Time_ 1

Item  4_____ Confirmation of Minutes_ 1

OC01-12/17     Minutes of Ordinary Council Meeting held on 14 November 2017  1

Item  5_____ Announcements by the Mayor without Discussion_ 1

Item  6_____ Questions from Elected Members_ 1

Item  7_____ Petitions_ 1

New Petitions Received  1

Update on Petitions  1

Item  8_____ Reports_ 1

Planning and Sustainability  2

City Growth  2

PS01-12/17      Whiteman Yanchep Highway: Neaves Road Realignment into Flynn Drive  2

Approval Services  15

PS02-12/17      SAT Reconsideration of Development Application (DA2015/2161) for Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda  15

PS03-12/17      Consideration of Development Application for a Change of Use to Residential Building at Lot 263 (224) Ocean Drive, Quinns Rocks (DA2016/1848) 61

PS04-12/17      Refusal of Proposed Amendment to Local Development Plan - Zamia Rise Dunes, Yanchep  77

Assets  94

Asset Operations & Services  94

AS01-12/17      2017/18 Bus Shelter Installation Program and Petition PT01-10/17 Installation of Bus Shelter at Stop 21902 on Kingsway  94

Assets Maintenance  118

AS02-12/17      Nominations for the Department of Transport's Two Rocks Reference Group  118

Community & Place  126

Community Facilities  126

CP01-12/17     Electronic Scoreboard Installation - Budget Re-allocation  126

Community Services  133

CP02-12/17     Amendments to City's Fees and Charges Schedule for HACC Services  133

Place Activation  137

CP03-12/17     Community Funding Program October 2017 Round  137

Corporate Strategy & Performance  185

Business & Finance  185

CS01-12/17     Annual Audited Financial Statements for the period ended 30 June 2017  185

CS02-12/17     Financial Activity Statement for the Period Ended 31 October 2017  293

Strategic & Business Planning  318

CS03-12/17     Annual Report 2016/17  318

Transactional Finance  321

CS04-12/17     Petition PT01-09/17 - Settlers Ridgewood Rise Lifestyle Village Differential Rating  321

Property Services  331

CS05-12/17     Wanneroo BMX Raceway Club Inc - Proposed New Lease Over Portion of Lot 1100 (176) Mary Street, Pearsall  331

CS06-12/17     Revised Leasing Policy  337

CS07-12/17     Strategic Land Policy  361

Council & Corporate Support  369

CS08-12/17     Donations to be Considered by Council - December 2017  369

Chief Executive Office  373

Office of the CEO Reports  373

CE01-12/17     Regional Advocacy Campaign (GAPP) Regional Recreational Infrastructure Fund  373

Advocacy & Economic Development  376

CE02-12/17     Business Plan for Major Trading Undertaking - Neerabup Industrial Area  376

Governance & Legal  394

CE03-12/17     Review and Repeal of Council Policies - November 2017  394

CE04-12/17     Delegation of Authority During the Council Recess Period  408

Item  9_____ Motions on Notice_ 411

MN01-12/17    Cr Sonet Coetzee – Request for Financial Assistance by Yanchep Men's Shed  411

Item  10____ Urgent Business_ 416

Item  11____ Confidential_ 416

CR01-12/17     HACC  Contract Negotiations  416

Item  12____ Date of Next Meeting_ 416

Item  13____ Closure_ 416

 


Agenda

 

Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Whadjuk people.  We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land and we acknowledge and respect their continuing culture and the contributions made to the life of this city and this region and I invite you to bow your head in prayer:

 

Lord, We ask for your blessing upon our City, our community and our Council.  Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty.  May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share.  We ask this in your name. Amen

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Public Question Time

Item  4      Confirmation of Minutes

OC01-12/17       Minutes of Ordinary Council Meeting held on 14 November 2017

That the minutes of Ordinary Council Meeting held on 14 November 2017 be confirmed.

Item  5      Announcements by the Mayor without Discussion

Item  6      Questions from Elected Members

Item  7      Petitions

New Petitions Received

Update on Petitions  

Item  8      Reports

Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.


 

Planning and Sustainability

City Growth

PS01-12/17       Whiteman Yanchep Highway: Neaves Road Realignment into Flynn Drive

File Ref:                                              21039 – 17/400665

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider proposed alignments for the southern part of the proposed Whiteman Yanchep Highway (WYH) (between Gnangara Road and Neaves Road) and a proposed realignment of Neaves Road into Flynn Drive.

Background

The need for a new major north-south regional road to the east of the other major north-south routes in the North-West Sub-region of the metropolitan region (Mitchell Freeway, Wanneroo Road and Marmion Avenue) was identified by the State planning and transport agencies in 2009/10.

 

This new regional road (now referred to as Whiteman Yanchep Highway) was subsequently indicatively shown on the East Wanneroo Structure Plan (2011), the draft Perth-Peel at 3.5 Million Strategy and the associated draft North-West Sub-regional Planning Framework (2015), and the draft and final Perth-Peel at 3.5 million Transport Strategy. 

 

Main Roads Western Australia (MRWA) has now undertaken an Alignment Definition Study to determine a proposed detailed alignment for the southern part of the WYH, between Gnangara Road and Neaves Road, as well as a proposed realignment of Neaves Road into Flynn Drive.  A full background on this proposal and details regarding these proposed alignments (including plans) and how they have been determined are included in the Summary Report at Attachment 1.

 

A plan showing how the proposed alignments relate to the current Metropolitan Region Scheme (MRS) zoning of the area concerned is included in Attachment 2.

 

MRWA is seeking this City’s support for these proposed alignments, as well as support to an application MRWA is making to the Western Australian Planning Commission (WAPC) for an amendment to the MRS to reserve the WYH route as Primary Regional Road, and the Neaves Road realignment as Other Regional Road.

Detail

WYH Alignment

 

The proposed WYH reservation is 100 metres minimum width, to ultimately accommodate three traffic lanes in each direction.  A median width of 22m is provided for, to allow for a possible future option of a railway line.

 

The proposed WYH alignment is generally to the east of the proposed East Wanneroo urban areas, within the State Forest reserve.  While this reflects the indicative alignments shown on the East Wanneroo Structure Plan and the draft North-West Sub-regional Planning Framework, it may be noted that when Council considered the latter at its meeting of 21 July 2015 (item PS09-07/15), Council resolved to include in its submission to WAPC on the draft Planning Framework, a comment that consideration be given to the WYH being aligned through the proposed new urban areas (instead of well to the east of them) so as to be more readily accessible to these areas.  This was on the understanding that the highway was also intended to accommodate a proposed railway line, and it was argued that such a rail service and its associated stations should be within the new urban areas to allow proper integration of land use and transport planning, as is the case for the new stations proposed at Alkimos, Eglinton and Yanchep as part of the Metronet extension of the northern suburbs rail line. 

 

The proposed alignment is currently located approximately 2 km to the east of the proposed East Wanneroo urban boundary (although it tapers to within approximately 400m at its northern extent) and approximately 4 km from the centre of the proposed urban area.  These distances are not conducive to proper land use and transport integration and would result in local residents needing to drive or catch public transport to any future rail stations if the future rail alignment were to remain within the WYH alignment.  The issue of the future alignment of the railway line is being addressed through the current preparation by the Department of Planning, Lands and Heritage (DPLH) of the East Wanneroo District Structure Plan, and MRWA advises that provision for a possible railway in the highway median is only intended to preserve that as a possible long term option, and is not intended to pre-empt the outcome of the current study on this matter.

 

On this basis, the proposed WYH alignment is recommended for support on a without prejudice basis.

 

In respect to possible timing of construction of this road, MRWA advises that transport modelling indicates that it will be required up to Neaves Road by 2031.

 

Neaves Road Realignment

 

The proposal to realign Neaves Road into Flynn Drive (for this to then form a main east-west link between the North-West and North-East Sub-regions, rather than Joondalup Drive forming part of that link as per previous plans) was first put forward as part of the draft North-West Sub-regional Planning Framework (2015).  Council’s submission on the draft Planning Framework supported this proposal.

 

What is new, however, in the current proposal is for the realignment to commence further to the east, so that the new road will pass just to the north of the existing private properties in that area, rather than continue further west along the existing Neaves Road, and pass along the frontage of those existing properties.  Attachment 3 shows the proposed new realignment route (in blue) compared to the original realignment route (in yellow).

 

The reason for this new alignment (to the north of the private properties) is that it reduces impacts on Bush Forever Sites in the vicinity, and avoids having to provide service roads along Neaves Road to retain property access (as no direct property access would have been permitted to an upgraded Neaves Road).

 

It may be noted from the MRWA Summary Report that the proposed new alignment for Neaves Road has been moved slightly northwards from an earlier draft alignment that had been subject to community consultation by MRWA, to avoid direct impacts on the private properties in that area.  This is shown in Figure 1 in Attachment 1.

 

Regional Road Connections onto WYH

 

Between Gnangara Road and Neaves Road, two future east-west regional roads are proposed to connect onto the WYH:

 

·    Ranch Road: this is as per what is proposed under the East Wanneroo Structure Plan and the draft North-West Sub-regional Planning Framework.

 

·    Elliot Road: this is different to what was proposed in the above previous plans, with the intention being to have the future Elliot Road aligned further to the south (just to the west of the WYH) so as to reduce impact on the Bush Forever Sites in that vicinity.  This will mean a reduced impact on six rural residential properties near Pinecrest Way, but a more significant impact on a number of private properties on Joyce Road, Gnangara.  (See Attachment 3 which shows the proposed new alignment (in blue) compared to the originally proposed alignment (in yellow)).  A number of the Joyce Road landowners have, expressed concern to MRWA regarding the proposal for the proposed Elliot Road regional road to run along the front of their properties.  They have been advised of the importance of making submissions when the MRS Amendment is advertised, so it will also be important that these landowners are adequately made aware of when the MRS Amendment is advertised.

Consultation

MRWA has undertaken consultation (including with the local community in and near the areas concerned) in the course of undertaking the Alignment Definition Study.  The community consultation has been undertaken through letters to the directly affected community and newsletters to the wider community.  Meetings with directly affected landowners were offered, and accepted by one landowner.

 

MRWA advises that the key feedback received from the community was to avoid private property impacts.  This led to the proposed further northward realignment of Neaves Road to avoid private property impacts in that area.

 

Should the WAPC agree to initiate the proposed MRS amendment, the amendment process will involve the State planning agencies undertaking further consultation with the community and other agencies, including the City.  This will initially involve a request from the State planning agencies for preliminary comments, and subsequently formal advertising for submissions.  MRWA advises that judging by other similar projects it has done, it may possibly be several years before formal advertising occurs.  When this does occur, a report will be presented for Council consideration.

Comment

The future provision of this proposed north-south route is required to facilitate the efficient and economic movement of traffic (including freight) throughout this part of the metropolitan region.

 

The future provision of the proposed Neaves Road realignment will result in a major link between the North-West and North-East Sub-regions, and will provide a direct freight link between the Neerabup Industrial Area (and any other future industrial areas in this vicinity such as South Pinjar) and the major freight handling facilities at Muchea.  This should also significantly improve the Neerabup Industrial Area’s exposure, as compared to the previous plans to have Joondalup Drive as part of the east-west regional link.

 

It is therefore recommended that Council support the MRWA’s proposals as presented, but subject to this being without prejudice to Council’s further future consideration of these proposals when the WAPC undertakes further consultation as part of the formal MRS amendment process.

 

Statutory Compliance

Should the proposed regional road reserves be reserved under the MRS, they will be automatically reflected as regional reserves on City of Wanneroo District Planning Scheme No. 2 (DPS 2), with no requirement for amendment of DPS 2 to do this.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.5    Connected and Accessible City

3.5.3  Advocate for major integrated transport close to communities

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Provision of the WYH in respect to both land acquisition and construction will be a State government responsibility.

 

Provision of the Neaves Road realignment in respect to land acquisition and construction is anticipated to be either State government responsibility, or subject to future developer contribution arrangements, depending on where the relevant section of the road lies in respect to future land development.

Voting Requirements

Simple Majority

 

Recommendation

That Council ADVISES Main Roads Western Australia (MRWA) that, without prejudice to any further consideration it may give to this matter through the course of the intended Metropolitan Region Scheme amendment process:-

1.       It supports the proposed alignments for the Whiteman Yanchep Highway (Gnangara Road to Neaves Road) and the proposed alignment of Neaves Road into Flynn Drive as shown on the plans included in Attachments 1 and 2 of this report;

2.       It supports MRWA in making an application to the Western Australian Planning Commission to amend the Metropolitan Region Scheme to reserve these proposed road alignments under that scheme; and


 

3.       It does not support the location of the future East Wanneroo rail corridor along the Whiteman Yanchep Highway alignment and that the City will continue to advocate for the rail corridor to be located within the new East Wanneroo urban area to achieve better transport and land use integration.

 

 

 

Attachments:

1.

Summary WYH.pdf

17/405938

 

2.

WYH reservation on MRS.pdf

17/405745

 

3.

WYH preferred alignment.pdf

17/406063

 

 

 

 

 

 

 


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Approval Services

PS02-12/17       SAT Reconsideration of Development Application (DA2015/2161) for Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda

File Ref:                                              DA2015/2161 – 17/342688

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5  

Previous Items:                                   PS01-04/17 - SAT Reconsideration of Development Application (DA2015/2161) for Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda - Ordinary Council - 04 Apr 2017 7.00pm

                                                            PS03-12/16 - Consideration of Development Application for Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda (DA2015/2161) - Ordinary Council - 06 Dec 2016 6.00pm  

 

Issue

To reconsider the refusal of a development application for a Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda (subject site) in response to an invitation made by the State Administrative Tribunal (SAT), pursuant to Section 31 of the State Administrative Tribunal Act 2004 (WA).

 

Applicant

Gary Wood and Karla Champion

Owner

Gary Wood and Karla Champion

Location

Lot 506 (272) Old Yanchep Road, Carabooda

Site Area

10.2 hectares

DPS 2 Zoning

Rural Resource

 

 

Background

On 23 November 2015, the City received a development application (DA2015/2161) for a Restaurant and Rural Use at the subject site. A location plan of the subject site is provided as Attachment 1. The applicant proposed a Restaurant and Rural Use which are intended to operate alongside the existing lavender farm on the subject site. The details of the proposal when submitted are outlined below:

 

Restaurant

·    Construction of a new building to accommodate a Restaurant, with both indoor and outdoor seating;

·    Operating hours: 10.30am – 10.30pm (Monday to Sunday, including Public Holidays);

·    Six Restaurant employees;

·    42 onsite car parking bays and three bus parking bays;

·    Maximum 50 customers per day (Monday to Wednesday) and 152 customers per day (Thursday to Sunday, including Public Holidays).

 

Rural Use

·     Distilling of lavender products in an existing shed on the subject site, which was approved by the City in 2006;

·     Three Rural Use employees;

·     Operating hours: 7.00am – 5.00pm (Monday to Sunday, including Public Holidays);

·     Selling (by retail) products made from the lavender grown on the farm, such as oils, dried flowers, soaps, creams, potpourri, plants, lavender tea, honey and ice cream. The retail sale of products will take place from a stall within the proposed Restaurant.

 

DA2015/2161 was advertised for a period of 14 days in accordance with Clause 64(3) of the Deemed Provisions of DPS 2. Four submissions were received during this time, raising objections to the proposed development. The main objections raised by the submitters related to:

 

·    The incompatibility of the Restaurant use with the surrounding agricultural area; and

·    Potential complaints from the owners of the Restaurant, regarding noise and odour from surrounding agricultural land uses, which will threaten the viability of these agricultural land uses.

 

On 6 December 2016, Administration presented a report to Council (PS03-12/16) to determine DA2015/2161, whereby the application was refused for the following reasons:

 

1.   The proposed Restaurant is not considered to be compatible with the surrounding Intensive Agriculture land uses and is therefore not considered to be consistent with the objectives of the Rural Resource zone; and

2.   The proposed Restaurant may be impacted by the activities associated with the operations of the Intensive Agriculture uses in the surrounding area.

 

State Administrative Tribunal (SAT) Proceedings

 

Following Council’s decision, the applicants exercised their rights to seek a review of the decision at SAT.

 

Following SAT mediation on 14 February 2017, the applicants provided a revised application, including:

 

·    Proposed signage to warn Restaurant customers that they are entering an agricultural area, and may be exposed to noise, odour and spray; and

·    Landscaping to be planted around the proposed Restaurant to reduce the effects of noise, odour and spray. 

 

SAT invited Council to reconsider its 6 December 2016 decision in light of the revised application. At its 4 April 2017 meeting, Council affirmed its 6 December 2016 decision and refused the modified application, for the same reasons as the refusal dated 6 December 2016.

 

Following a further SAT mediation on 3 October 2017 the SAT issued the following orders:

 

1.   By 23 October 2017 the applicant shall file with the Tribunal and copy to the respondent revised plans and supporting information for the proposed development.

2.   Pursuant to s31(1) of the State Administrative Tribunal Act 2004 (WA) the respondent is invited to reconsider its decision in light of the revised plans at the Ordinary Council meeting on 5 December 2017.

3.   The proceeding is adjourned to a directions hearing at the Tribunal at 9.30am on Friday 15 December 2017 in order to await the reconsideration.

 

As per the SAT orders the applicants submitted a modified application on 16 October 2017, which is included as Attachment 2.

 


 

Rural Use Component

 

As advised in a memorandum to the Mayor and Councillors dated 24 October 2017, Administration has approved the Rural Use component of the proposal under a separate application (DA2017/1054), which was submitted to the City on 21 August 2017. This application was approved under delegated authority on the basis that Rural Use is a permitted ‘P’ use in the Rural Resource zone and is compliant with the requirements of DPS 2.

 

Under DA2017/1054, the point of sale for the lavender products was approved within the existing shed on the subject site. The applicants have since advised that they would also like to sell lavender products from within the Restaurant, if approved. This proposal is considered in the ‘Discussion’ section below.

Detail

The modified application included a plan for a fencing and vegetation buffer to be installed to reduce the effects of noise, odour and spray drift from the surrounding properties (included in Attachment 2). The details of this proposed buffer are as follows:

 

·    1.8m-high cyclone fencing, covered in a hessian material, on portions of the western and eastern lot boundaries; and

·    The planting of a variety of vegetation species along the western and eastern lot boundaries.

Consultation

The submitters to the application have been advised that DA2017/1054 has been approved by Administration under delegated authority. Additionally, the submitters have been advised of the proposed modifications to the application for the Restaurant.

Comment

Rural Use

 

In addition to the Rural Use approved under DA2017/1054, the applicants have proposed to include the retail sale of lavender products from a stall within the Restaurant. As discussed in the report to Council dated 6 December 2016, the proposed Rural Use is consistent with the objectives of the Rural Resource zone and is therefore supported by Administration.

 

Noise, Odour and Spray Drift from Surrounding Agricultural Properties

 

One of the reasons for refusal of the original application was that the proposed Restaurant may be impacted by the activities associated with the operations of the Intensive Agriculture uses in the surrounding area. Administration considers that the potential impacts on the Restaurant may relate to noise, odour and spray drift produced by the surrounding Intensive Agriculture uses.

The surrounding properties which are currently being used for Intensive Agriculture are required to comply with the relevant legislation relating to noise, odour, dust and pesticide use, which are as follows:

 

·    Noise: Environmental Protection (Noise) Regulations 1997  

·    Dust and odour: Private Property Local Law 2001

·    Spray drift: Health (Pesticides) Regulations 2011

This legislation applies to the surrounding properties, irrespective of whether the proposed Restaurant is operating from the subject site. The City will be required to investigate any complaints from the landowners of the subject site. If there are no breaches to the relevant legislation, then no action will need to be taken by the City. Notwithstanding these requirements, the applicants have proposed a landscaping and fencing buffer to manage any dust, odour and spray drift that may result from the operations of the surrounding properties. The City has not received any complaints from the existing two dwellings located on the subject site relating to the intensive agriculture operations on the adjacent sites which indicates that they have not caused any significant noise, dust, odour or spray drift issues.

As discussed in the report presented to Council on 4 April 2017, the landscaping buffer shown in the modified plans provided following the 14 February 2017 SAT mediation was not considered sufficient to act as a buffer to noise, odour and spray drift from the surrounding agricultural land uses.

Following the refusal of the modified application at the 4 April 2017 Council Meeting, the applicants engaged a landscaping consultant, who prepared a plan for a fencing and vegetation buffer on the subject site, including maintenance details (included in Attachment 2). The applicant has also provided advice from an environmental consultant on the proposed buffer (Attachment 3).

Altus Planning, who were appointed by the City to assist with the SAT matter, also engaged an environmental consultant to review the applicants’ buffer plan.

Further discussion on the issues of noise, odour and spray drift is provided below.

Noise

As per section 6.19 of Attachment 3, the environmental consultant engaged by the applicants advised that the potential for noise from the surrounding agricultural uses to be an issue for customers of the proposed Restaurant is very low, given the setbacks of the proposed Restaurant from the lot boundaries of the surrounding agricultural properties. As illustrated in Attachment 2, the proposed Restaurant is setback a minimum of 80m from each of the lot boundaries.

The environmental consultant engaged on behalf of the City has provided the following comments in relation to potential noise impacts on the Restaurant: “Given the transient nature of the agricultural uses, it is unlikely that there will be any significant risk of unacceptable impacts at the restaurant…the buffers and fencing will assist in reducing any noise from the adjacent agricultural uses.”

Notwithstanding these comments above, Administration notes that there is still the potential for the operations of the surrounding agricultural uses to impose noise impacts on the customers of the Restaurant, particularly for those customers of the outdoor alfresco areas. As no acoustic consultant’s report was provided with the modified application provided on 16 October 2017, a condition of approval is recommended, requiring an acoustic consultant’s report to be provided by the applicant, prior to the commencement of the development. If the acoustic consultant’s report identifies any specific modifications to the Restaurant that are required to ensure that the noise levels received by the indoor and outdoor seating areas comply with the Environmental Protection (Noise) Regulation 1997, then these modifications would need to be made to the satisfaction of the City.

 

Odour and Spray Drift

The property to the west of the subject site (222 Old Yanchep Road, Carabooda) is cultivated for the production of various crops, including broccoli, cauliflower, iceburg lettuce and melons. Spraying at this property occurs on a weekly basis, with the assistance of fans. The property to the east of the subject site (296 Old Yanchep Road, Carabooda) is cultivated for the production of cabbage, celery and lettuce. Details on the spray frequency for the property to the east have not been provided. No market garden operations are currently present on the lot to the south of the subject site (260 Old Yanchep Road, Carabooda).

As detailed in the report to Council dated 4 April 2017, an effective vegetation buffer should satisfy a number of requirements, one of which is being a minimum of 40m in width, made up of a 20m-wide landscaping area with 10m-wide fire breaks on either side. These landscaping buffer requirements are established by the Department of Health (DoH). So as to avoid conflicting with the existing lavender fields, the applicants have proposed a 10m-wide landscaping strip, in lieu of the 20m strip specified by the DoH. As per sections 6.12 – 6.13 of Attachment 3, the environmental consultant engaged by the applicants advised that studies have found that a reduced landscaping width is still effective in mitigating odour and spray drift issues. Therefore, the applicants’ environmental consultant concluded that the reduced landscaping width is considered to meet the buffer requirements of the DoH.

In addition to the vegetation buffer proposed, the applicants have also proposed 1.8m-high cyclone fencing on portions of the western and eastern lot boundaries (see Attachment 2). The fencing will be covered in a hessian mesh cloth material, which allows 50% air flow. This fencing is intended to provide a buffer until the proposed vegetation buffer is established.

As shown in the floor plan of Attachment 2, additional shade cloth-type screening is proposed to the alfresco area, which is to be incorporated into the western side of the Restaurant. This screening could be lowered when wind speeds increase around the Restaurant, increasing the comfort of Restaurant customers.

The environmental consultant engaged on behalf of the City has provided the following comments in relation to potential odour and spray impacts on the Restaurant: “I am satisfied that what is proposed, as outlined in the Witness Statement of [the applicant’s environmental consultant], will provide an appropriate level of protection in relation to spray drift, dust and odour.” Further to this advice, two conditions are recommended to ensure that the proposed buffer is a sufficient mechanism for addressing odour and spray drift: 1) the extension of the proposed fencing (including the hessian material) on the western boundary down to the southern lot boundary; and 2) maintenance of the proposed landscaping and fencing to be in accordance with the maintenance plan included in Attachment 2. Both of these are included as recommended conditions of any development approval issued.

In relation to the absence of a landscaping buffer on the eastern boundary, the City’s environmental consultant has advised the following:

“The level of impact on the eastern boundary is unlikely to be as significant as that from the west. There is less of a ‘source’ due to a more limited area of agriculture and greater separation between source and receptor. Further to this, the general prevailing winds will be south-westerly/westerly and thus the need for the vegetated buffer along the western boundary of the property. The eastern boundary will however incorporate a ‘fenced’ buffer to provide further reduction of any realised impacts if they arise.”

In response to Administration’s concerns that the proposed landscaping will not be able to provide a sufficient buffer until such time as it is fully grown, the City’s environmental consultant has advised the following:

The fenced buffer proposed along both boundaries will provide appropriate protection from the potential impacts associated with dust, spray drift and odour from the agricultural uses on the adjacent properties.”

 

It is also noted that the fencing and vegetation buffer plan provided by the applicant identifies the proposed species as fast growing.

In accordance with the City’s Fencing Local Law 2016, a sufficient dividing fence for a rural lot is a fence which is no more than 1.2m in height and is constructed of posts and wire. The proposed fencing, shown in Attachment 2, is 1.8m in height and is covered in a hessian material, which is inconsistent with the definition of a sufficient fence under the Fencing Local Law 2016. In accordance with the Fencing Local Law 2016, a person must not construct a dividing fence that does not satisfy the requirements of a sufficient fence, unless by agreement between the owners of the adjoining properties. To this end, the applicant has provided comments from the owners of the lots which have battle-axe driveways adjoining the proposed fencing, who have indicated that they have no objection to the height and materials proposed (see Attachment 4). It is noted that as per Clause 61(1)(n) of the Deemed Provisions of DPS 2, the erection of a boundary (dividing) fence does not require development approval.

In accordance with Clause 3.17.2(i) of DPS 2, applications for ‘sensitive uses’ (which includes public establishments where food and drink are consumed) within the Rural Resource zone are to be accompanied by a written statement from the landowners, acknowledging the nature and legitimacy of nearby existing and future priority uses (that is, intensive agriculture, horticulture and basic raw materials extraction). This written statement is also required to demonstrate the landowner’s acceptance of the existence, or potential existence, of noise, dust, odour and other impacts which may be associated with priority uses.  A written statement to this effect has been provided by the owners of the subject site.

 

Further to the above, Clause 3.17.2(k) of DPS 2 requires the landowners to arrange for the inclusion of a notification on the title of the subject site, alerting future landowners of the odours, noise, spray drift and dust which may be associated with the existing and future operation of the priority land uses. A condition of Development Approval has therefore been recommended to address this requirement.

To summarise the above, the applicants have provided a plan for a fencing and vegetation buffer on the subject site which is intended to address potential spray drift and odour issues. The applicants have engaged an environmental consultant to review the plan, who has advised that the proposed landscaping and fencing is considered to meet the buffer requirements of the Department of Health. The environmental consultant engaged on behalf of the City has also reviewed the plan and has advised that the proposed buffer is considered appropriate to address potential spray drift and odour issues. The applicants have also provided a written statement, acknowledging the nature and legitimacy of nearby existing and future priority uses, as required under DPS 2.

Access and Egress Considerations for the Subject Site

 

The applicant has advised that the proposed Restaurant and Rural Use will attract a maximum of 152 customers per day. The proposal was referred to the City’s Traffic and Transport business unit, who advised that the traffic volumes associated with the proposed development will exceed those of a standard rural property. The City’s Traffic and Transport service unit has advised that the existing crossover to the subject site is required to be upgraded to the specifications detailed in Austroads Guide to Road Design, in order to allow vehicles to safely transition between the low speed driveway on the subject site and Old Yanchep Road which has a speed limit of 110 km/hr. This upgrade involves the construction of short entry and exit crossover wings so that buses and smaller vehicles can safely decelerate to enter the subject site and have adequate sightlines to safely exit the subject site. It is therefore recommended that, as a condition of any development approval granted, the crossover for the subject site be upgraded in accordance with Austroads Guide to Road Design.

 

In order to supress dust from the site, and to improve the safety of vehicles entering the property, an additional condition is recommended, which requires the applicant to compact and seal the first 10m of the driveway, as measured from the street boundary.

Car Parking

In accordance with DPS 2, the proposed development requires at least 38 car parking bays to be provided onsite (one bay for every four people accommodated). The application includes the provision of 42 onsite car parking bays and 3 onsite bus parking bays to service the proposed development which complies with the provisions of DPS 2. Attachment 5 shows the area of the existing lavender fields, the proposed Restaurant and the car parking area.

 

Compatibility of a Restaurant in the Rural Resource Zone

State Planning Policy 2.5 – Rural Planning (SPP 2.5), which emphasises the importance of intensive agricultural products to the State’s economy, identifies Carabooda as a main provider of such products. One of the objectives of SPP 2.5 is to limit the introduction of sensitive land uses that may compromise existing and future primary production on rural land. Whilst the definition of ‘sensitive land use’ under SPP 2.5 largely relates to residential and institutional buildings (such as dwellings, schools and hospitals), the definition of ‘sensitive use’ under DPS 2 specifically refers to public establishments where food and drink is consumed (such as a Restaurant).

 

Similar to the objectives of SPP 2.5, DPS 2 specifies that the objectives of the Rural Resource zone, in which the subject site is located, are as follows:

 

a)   Protect from incompatible uses or subdivision, intensive agriculture, horticulture and animal husbandry areas with best prospects for continued expanded use; and

b)   Protect from incompatible uses or subdivision basic raw materials priority areas and basic raw materials key extraction areas.

 

At its meeting on 4 April 2017, Council resolved to affirm its decision to refuse the application for a Restaurant and Rural Use on the basis that a Restaurant is an incompatible land use within the Rural Resource zone.

 

Whilst the proposed Restaurant may be considered a ‘sensitive land use’, the modifications made to the application are considered to satisfactorily address the potential impacts on the Restaurant (specifically relating to noise, odour and spray drift) by the activities associated with the operations of the Intensive Agriculture uses in the surrounding area. As such, the operation of the proposed Restaurant is not considered to compromise the ongoing Intensive Agriculture uses in the surrounding area and is therefore considered to be capable of approval amongst the surrounding uses.

 

The City has previously approved a Restaurant in the Rural Resource zone at 336 Karoborup Road, Carabooda (The Leopard Lodge), which is approximately 3.5km south of the subject site. Planning Approval was issued for this Restaurant in 2010 and since this time the surrounding area has continued to be used for a number of other land uses, including Intensive Agriculture, Aquaculture and a Cattery. There is no record of complaints from the Leopard Lodge regarding these surrounding land uses.

 

Outside of the City of Wanneroo, a number of tourism-related land uses co-exist besides rural land uses in other municipalities. The following examples from the City of Swan are located within the Swan Valley Rural zone, the objectives for which are similar to those of the City of Wanneroo’s Rural Resource zone, in terms of protecting rural land uses from incompatible uses:

 

·    The Feral Brewery

Located at 152 Haddrill Road, Baskerville;

Includes a restaurant which is open seven days per week;

Is surrounded by rural land uses.

·    The Laughin’ Barrel Winery

Located at 247 Haddrill Road, Baskerville;

Includes a restaurant which is open five days per week;

Is surrounded by rural land uses.

·    Lamont’s Winery

Located at 85 Bisdee Road, Millendon;

Includes a restaurant which is open four days per week;

Is surrounded by rural land uses.

 

The following example from the City of Busselton is located within the Agriculture zone, the objectives of which are also similar to those of the City of Wanneroo’s Rural Resource zone, in terms of protecting the rural production capacity of the land:

 

·    Cape Lavender Tea House

Located at 2 Canal Rocks Road, Yallingup;

Includes a restaurant which is open seven days per week;

Is surrounded by rural land uses.

 

These examples above, whilst from outside of the City of Wanneroo, demonstrate that a Restaurant is not, in its nature, incompatible with rural land uses such as those which surround the subject site. The process for dealing with the applications for these land uses are likely to be the same as this application, for example relating to considering the advice of traffic, health and other service units.

 

Contribution to Tourism in the City of Wanneroo

 

In the City’s Economic Development Strategy 2016 – 2021 (EDS), the continued growth and development of the local tourism industry is identified as one of the means of ensuring economic resilience for the City into the future. In conjunction with the EDS, the Tourism Strategy and Action Plan 2011 – 2017 (TSAP) identifies tourism-specific goals and targets for the City. The vision of the TSAP is to “provide a visitor experience that reflects the unique mix of culture, heritage and environment that makes Wanneroo a top ‘beach to bush’ destination”.

 

The Restaurant and Rural Use is proposed to operate alongside the existing lavender farm on the subject site, with lavender products (for example soaps and oils) processed on site and available for sale. The applicant has advised that the Restaurant is proposed to be used to showcase and promote the local farming areas in Carabooda and to educate the public on horticulture across the broader Perth area.

 

The setting of the proposed Restaurant alongside an operational lavender farm provides visitors to the subject site the opportunity to experience an agricultural environment, which is in line with the vision of TSAP. As such, Administration considers that the proposed Restaurant and Rural Use will positively contribute to local tourism within the City.

 

Bushfire Planning Requirements

 

The subject site is identified as being located within a bushfire prone area. In accordance with State Planning Policy 3.7 – Planning in Bushfire Prone Areas (SPP 3.7) a development application within a bushfire prone area is to be accompanied by a Bushfire Attack Level (BAL) assessment. The BAL assessment provided with this application identified the site as having a fire rating of BAL – LOW, which is a low fire risk. Therefore, there are no further requirements for the applicant to comply with under SPP 3.7. 

 


 

Conclusion

 

In light of the above, Administration considers that the amended application has adequately addressed the reasons for refusal and, subject to the recommended conditions, the proposed Restaurant and Rural Use are compatible with the surrounding intensive agriculture land uses and are consistent with the objectives of the Rural Resource zone and SPP 2.5.

Further to the above, Administration considers that the nature of the proposed Restaurant and Rural Use at the subject site will balance the value of ongoing Intensive Agriculture uses in the area and the value of promoting tourism within the City of Wanneroo.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “2     Economy

2.1    Local Jobs

2.1.2  Build capacity for businesses to grow

Risk Management Considerations

Risk Title

Risk Rating

ST-S12 Economic Growth

Moderate

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic risk register. Action plans have been developed to manage this risk to support and improve the existing management systems.

Policy Implications

State Planning Policy 2.5 – Rural Planning

Local Planning Policy 4.17 – State Administrative Tribunal

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

1.       That Council pursuant to Section 31 (2) of the State Administrative Tribunal Act 2004 (WA), SETS ASIDE its decisions dated 6 December 2016 and 4 April 2017 and APPROVES the Development Application (DA2015/2161) as shown in Attachment 2 for the Restaurant at Lot 506 (272) Old Yanchep Road, Carabooda, subject to the following conditions:

a)      This approval only relates to the proposed Restaurant and Rural Use, as shown on Attachment 2. It does not relate to any other development on the site.

b)      The use of the approved premises shall conform to the City of Wanneroo’s District Planning Scheme No. 2 definitions of Restaurant and Rural Use, which are:

          Restaurant: means any premises where the predominant use is the preparation of food for sale and consumption within the building or portion thereof. The expression may include the sale of food for consumption off the premises, where Council is of the opinion that it is incidental to the business. The term may include an outdoor eating area which shall be treated as being within the building of the Restaurant. The expression excludes Drive Through Food Outlets.

          Rural Use: Means agriculture, horticulture and may include aquaculture, and includes the raising of livestock and the retail sale of the produce of the property where satisfactory access and parking can be provide, and provided that any processing of the produce prior to sale can take place on site.

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

d)      The Restaurant shall be limited to a maximum of 152 customers at any one time.

e)      The operating hours of the Restaurant shall be limited to between 10.30am – 10.30pm, Monday to Sunday and on Public Holidays.

f)       The operating hours of the Rural Use shall be limited to between 7.00am – 5.00pm, Monday to Sunday and on Public Holidays.

g)      The existing vehicle crossover to the subject site shall be modified and constructed to the rural specifications detailed in Austroads Guide to Road Design, prior to the Restaurant use commencing.

h)      The first 10m of the driveway from the street boundary is to be compacted and sealed to the satisfaction of the City.

i)       Parking areas shall be constructed with suitable materials appropriate to the rural location, to the satisfaction of the City.

j)       The plan for a fencing and vegetation buffer on the subject site (included in Attachment 2) shall be amended to show the proposed fencing (including the hessian material) on the western boundary extended to the southern boundary, and submitted to the City for approval prior to the Restaurant use commencing. Planting and installation shall be in accordance with the approved plan and thereafter shall be maintained to the satisfaction of the City.

k)      A notification under Section 70A of the Transfer of Land Act 1893 is to be prepared in a form acceptable to the City and lodged with the Registrar of Titles for endorsement on the Certificate of Title for the subject site, prior to the commencement of works associated with the Restaurant and Rural Use. The notification is to state as follows:

          “This lot is located in the Rural Resource zone, where the priority land uses are intensive agriculture, horticulture and basic raw materials extraction. This lot may be affected by odours, noise, spray drift and dust associated with the existing and future operation of these land uses.”

l)       An acoustic consultant’s report is to be provided for the City’s approval, prior to the commencement of development. This report is to indicate the anticipated sound level measurements for all types of noise associated with the surrounding agricultural land uses. The report must also indicate any specific requirements that are needed to ensure noise levels received by the indoor and outdoor seating areas of the proposed Restaurant comply with the Environmental Protection (Noise) Regulation 1997. Upon approval of that report by the City, any modifications required to the development as a result of its recommendations, shall be made to the City’s satisfaction.

2.       ADVISES the State Administrative Tribunal, the applicant and the submitters of this decision.

 

 

 

Attachments:

1.

DA2015/2161 - Location Plan

17/398969

 

2.

DA2015/2161 - Development and Landscaping Plans

17/377286

Minuted

3.

DA2015/2161 - Applicants' Environmental Consultant Comments

17/394430

 

4.

DA2015/2161 - Adjoining Landowner Comments on Proposed Boundary Fencing

17/377310

 

5.

DA2015/2161 - Site Plan Showing Area of Lavender Fields, Restaurant and Car Park

17/414038

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                           26

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                           39

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                       58

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                           61

PS03-12/17       Consideration of Development Application for a Change of Use to Residential Building at Lot 263 (224) Ocean Drive, Quinns Rocks (DA2016/1848)

File Ref:                                              DA2016/1848 – 17/295106

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a development application (DA2016/1848) for a Change of Use to a Residential Building at Lot 263 (224) Ocean Drive, Quinns Rocks (subject site).

 

Applicant

Colin Flavel

Owner

Colin Flavel

Location

Lot 263 (224) Ocean Drive, Quinns Rocks

Site Area

911m2

DPS 2 Zoning

Residential R20

 

Background

A Single House was approved on the subject site in 2001, however, the subject site is currently being used as a Residential Building for the purpose of short term accommodation. The property is currently advertised on ‘Airbnb’ and ‘Stayz’, which are short term accommodation booking websites. The applicant has advised that the property has been used for short term accommodation since October 2007.

Compliance History

There have been a number of complaints lodged with the City’s Health Services by the owner of the adjoining property at Lot 250 (8) Fairford Way, Quinns Rocks in respect to noise (including shouting, screaming and loud music) and anti-social behaviour occurring from the subject site. The initial complaints were received by the City in November and December 2016.

 

Following these complaints, the City’s Compliance Services advised the landowner of the subject site on 21 December 2016 that should they wish to continue operating short term accommodation, a development application will need to be submitted to the City to seek retrospective planning approval for this use. This approach is consistent with the City’s Local Planning Policy 4.14 – Compliance (LPP 4.14). 

 

Clause 4.2 of LPP 4.14 identifies that if a use is determined to have a significant adverse impact on amenity, a notice may be issued requiring the land use to be stopped immediately, to allow the non-compliance to be rectified.  Clause 4.3 identifies that, notwithstanding Clause 4.2, the City may use its absolute discretion to defer the commencement of compliance action where an application for development approval has been submitted. In this instance, the City’s Compliance Services applied Clause 4.3 of LPP 4.14, on the basis that the use was considered capable of approval, and have deferred compliance action pending the determination of this application.

 

On 29 December 2016, the landowner lodged DA2016/1848 seeking retrospective approval for a Change of Use to a Residential Building on the subject site.

 

 

 

Following the application being lodged, a further complaint was received in April 2017 regarding noise and anti-social behaviour. In response to this, the City’s Health Services advised the landowner that the noise would be investigated to ensure compliance with the Environmental Protection (Noise) Regulations 1997 (Regulations), and requested that the landowner advise of their intentions to resolve this issue. Health Services investigated the complaints, but did not witness any instances of excessive noise or anti-social behaviour. In response to this complaint, the landowner provided a copy of the code of conduct which the guests are required to comply with under the terms of their stay, which aims to minimise noise and anti-social behaviour. This was considered as an acceptable solution to the noise issue. Further consideration on the code of conduct in respect to this development application is included in the ‘Comment’ section of this report.

 

Since the most recent complaint in April 2017, no further complaints regarding the property have been received by Administration.

 

Draft Local Planning Policy 4.21: Short Term Accommodation

 

Administration presented the Draft Local Planning Policy 4.21 - Short Term Accommodation (Draft LPP 4.21) and Draft Short Term Accommodation Local Law 2017 to Council to guide future applications at its meeting on 14 November 2017 (Item No. PS05-11/17), where it was resolved to adopt Draft LPP 4.21 for the purposes of advertising. This development application has been assessed against the provisions of Draft LPP 4.21, as outlined in the ‘Comment’ section of this report.

Detail

The subject site is zoned Residential under the City of Wanneroo’s District Planning Scheme No. 2 (DPS 2) with a residential density code of R20. The subject site is bounded by Ocean Drive to the west, and residential lots to the north, south and east. A location plan is included as Attachment 1.  The subject site currently consists of a two-storey Single House (including six bedrooms), and a swimming pool. A current site plan and floor plan of the dwelling is included as Attachment 2.

 

The development application proposes a Change of Use from a Single House to a Residential Building, to allow the dwelling to be rented out for short term accommodation. As advised by the applicant, this consists of:

·    Short term stays by guests for generally between seven and 21 days, and no longer than three months at any one time;

·    A maximum of 14 guests at any one time, which generally consists of a family, or a group of families. No pets are permitted to be kept in the dwelling by guests;

·    The owner does not live in the dwelling, and no bed and breakfast is provided; and

·    No alterations to the existing dwelling are proposed as part of this application.

 

The proposed application is considered to be consistent with the definition of a Residential Building. As per the Residential Design Codes (R-Codes), a Residential Building is defined as:

 

“A building or portion of a building, together with rooms and outbuildings separate from such building but incidental thereto, such building being used or intended, adapted or designed to be used for the purpose of human habitation:

·    Temporarily by two or more persons; or

·    Permanently by seven or more persons, who do not comprise a single family, but does not include a hospital or sanatorium, a prison, a hotel, a motel or residential school.”

 

 

 

As the dwelling is intended to be occupied temporarily by more than two people, the proposal is considered to fall within the Residential Building use class. A Residential Building is a Discretionary “D” use within a Residential zone under DPS 2.

Consultation

Advertising of the proposal was undertaken by the City writing to the affected occupiers and landowners adjoining the subject site to the north (228 Ocean Drive), south (222 Ocean Drive), and east (8 Fairford Way, and 20 and 22 Dartmouth Circuit). These properties are identified in Attachment 1. Advertising was undertaken for a period of 21 days between 2 February 2017 and 23 February 2017. One submission was received from the property at 8 Fairford Way, which objected to the proposal. The adjoining landowner raised concerns with anti-social behaviour (including noise from music and the tenants, and smoking/drug use). A summary of the submission received, and Administration’s response is provided as Attachment 3.

Comment

The application has been assessed in accordance with the provisions of DPS 2, the Western Australian Planning Commission’s (WAPC) Planning Bulletin 99 – Holiday Homes Guidelines (Planning Bulletin 99), and Draft LPP 4.21. Although this Bulletin was released in 2009, it was developed to deal with issues of purchasing or building homes to be used as a holiday home and is still applicable to current short term accommodation proposals. Planning Bulletin 99 provides guidance for assessing applications for short term accommodation, including the appropriate location of holiday homes, the provision of a management plan to demonstrate how the property will be managed, and approval being granted for an initial 12 month period as a ‘trial’ of the use.

 

The main issues identified by Administration relate to the appropriateness of the land use, the management of the short term accommodation, approval timeframe, parking and the control of potential antisocial behaviour. These issues are addressed in greater detail below.

 

Appropriateness of Land Use

 

The appropriateness of the land use has been assessed against the objectives of the Residential Zone, outlined in DPS 2, and location requirements of Planning Bulletin 99. 

 

Consistency with Objectives of Residential Zone

 

The relevant objectives of the Residential Zone are to:

·    Maintain the predominantly single residential character and amenity of established residential areas; and

·    Provide for compatible urban support services.

 

The proposed Residential Building will not physically change the existing dwelling and no further building work is required. As such, the residential character of the building will be maintained. To ensure that the residential amenity of the area is retained, the applicant has provided a management plan, which includes measures to manage guests and their behaviour to minimise any disruption to the locality. The management plan is discussed in further detail in the ‘Draft LPP 4.21’ section of this report.

 

The proposal will provide compatible urban support services as the Residential Building offers an alternative form of accommodation in the area. The applicant has advised that guests typically consist of a family or a group of families. Therefore, this Residential Building is considered to provide diverse accommodation opportunities to visitors of the area.

 

 

Administration considers that the proposal provides for compatible urban support services to visitors, and the single residential character and amenity of the area will not be adversely impacted, where it is operated in strict accordance with the management plan provided. In light of this, it is considered that the proposal meets the relevant objectives of the Residential Zone.

 

Location Requirements of Planning Bulletin 99

 

Planning Bulletin 99 outlines four key criteria to be used to determine whether the location and surrounding context of a site is suitable to accommodate short term accommodation. An assessment against these criteria is undertaken below:

 

·    Zoning - Tourist accommodation should be located within preferred areas identified in the local planning strategy or a local planning policy.

 

The City’s planning framework does not provide any control or guidance on appropriate tourist accommodation locations. In the absence of this, it is acknowledged that a Residential Building is a “D” use within a Residential zone and is capable of approval. In this regard, it is considered that the zoning is appropriate for the proposed use.

 

·    Amenities - Tourist accommodation should be located within close proximity to key tourism attractions such as the beach or town centre.

 

The subject site is located approximately 110m to the east of the beach, which is identified in Planning Bulletin 99 as a tourist attraction, and is approximately 3.1km north of the Mindarie Marina. The subject site is also located approximately 1.2km south-west of the existing shopping centre on the corner of Kingsbridge Boulevard and Marmion Avenue, approximately 2km south-west of the Butler Activity Centre, and approximately 780m south of the future Jindalee Village Centre. In this regard, the subject site is considered to be located within close proximity of tourist attractions and local amenities. 

 

·    Transport - Tourist accommodation should be located within close proximity to road links and public transport.

 

The subject site is located approximately 1.4km west of Marmion Avenue, and Lukin Drive, which provide key north-south and east-west linkages respectively. The subject site is located approximately 530m west of the nearest bus stop, at the corner of Santa Barbara Parade and Weymouth Boulevard, which is an approximate 8 minute walk. From this stop, public transport can be used to access the nearby centres, or train stations at Butler or Currambine. While the distance may not necessarily be considered as ‘close’, the location of the subject site is accessible by car and public transport.

 

·    Tenure - The use of Grouped or Multiple Dwellings will generally not be supported for holiday home accommodation given the potential impacts on adjoining residents, unless all owners are in agreement.

 

The site is a Single House, and is considered to have an appropriate tenure to accommodate short term accommodation.

 

Based on the above, the location of the proposed Residential Building is considered appropriate.

 

 

 

Draft LPP 4.21

 

Car Parking

 

In accordance with Clause 4.14 of DPS 2, a Residential Building requires one car bay per two people accommodated to be provided. The application proposes 14 guests, which requires seven car parking spaces to be provided.

 

The existing Single House has a garage located at the rear of the subject site, which is capable of accommodating two cars. In addition to this, the driveway has a length of 31.5m, and a minimum width of 3.1m (which expands to 6m in some parts). As the standard dimensions of a car parking space (as per the City’s Infrastructure Standard Drawings) is 2.5m wide by 5.5m long, it is considered that a minimum of six cars can be accommodated on the driveway. On this basis, a minimum of eight car parking spaces is provided which satisfies the requirements of the DPS 2. It is also noted that there is a hardstand area at the rear of the subject site, which can accommodate a further two – four vehicles. On this basis, Administration considers that there is an adequate provision of on-site car parking spaces on the site.

 

Provision of Management Plan and Guest Register

 

In order to ensure that the property is appropriately managed and maintained, the applicant has provided a management plan identifying how the short term accommodation will be manage. This is also relevant as the key concern raised by the submitter was the control of anti-social behaviour and noise. To addresses these issues, the applicant has provided a management plan to minimise and prevent noise and anti-social behaviour impacts on adjoining properties. The management plan includes details relating to:

·    A code of conduct outlining the obligations and expected behaviour of guests;

·    Management of complaints, and includes a contact number for the owner/managing agent;

·    Control of anti-social behaviour and noise from the Residential Building to minimise the impacts on surrounding residents;

·    Details of guest check in and check out procedures;

·    Management of car parking;

·    Waste management; and

·    The keeping of a guest register of all persons occupying the Residential Building.

 

A copy of this management plan will be made available to Elected Members for information. The applicant has advised that guests are required to agree to the code of conduct prior to their booking being confirmed. A copy of the code of conduct shall be displayed inside the house in a prominent position.

 

As discussed in the management plan, the property will accommodate a maximum of 14 guests at any given time and all parking will be contained on site, which is proposed to be included as a condition of planning approval.

 

The management plan establishes the parameters of how the premises will be managed and maintained to minimise the impacts on the surrounding area. Key points of the guest’s code of conduct within the management plan include:

·    The property will accommodate for a maximum number of 14 guests with prior approval from the owner. An extra rate is charged for each guest beyond eight, and the maximum number includes both guests and visitors to the property;

·    Visitors to the property are required to leave by 10pm;

·    Parking to be fully contained on site, and not on the road verge or front lawn;

·    Guests must ensure that noise is in accordance with the Environmental Protection (Noise) Regulation 1997 at all times, which regulates noise during the day and evenings.

 

The management plan also specifically limits noise between the hours of 10pm and 7am on Monday to Saturday, and 10pm and 9am on Sunday and public holidays and during arrival and departure at any time throughout the occupancy, to ensure that neighbouring properties are not disturbed. Further, the swimming pool must not be used between the hours of 10pm and 7am on Monday to Saturday, and 10pm and 9am on Sunday and public holidays;

·    The use of amplified music in the swimming pool area is prohibited at any time, as is the use of glassware and diving off structures;

·    The property is not to be used for parties, functions, or commercial events, or as a ‘party house’, including use for ‘hens’ parties, ‘bucks’ parties, or ‘schoolies’ events;

·    No smoking is permitted inside or outside of the property; and

·    Managers shall provide general, after hours and emergency telephone numbers to guests and neighbours.

 

The restriction of noise during the specified hours is consistent with the Environmental Protection (Noise) Regulations 1997, which requires noise generated during the evening to be less than during the day. If noise is at a level that becomes a nuisance to local residents, Administration would investigate the noise levels and if substantiated, require the property owner to undertake appropriate measures to ensure compliance. In light of the above, it is considered that the issues raised by the objection can be dealt with through the management plan and/or through the enforcement of the Environmental Protection (Noise) Regulations 1997.

 

In the event of non-compliance with the terms of the management plan, the applicant has advised that guests may incur additional cleaning or damage fees, and/or be evicted from the property by the landowner. It should be noted that in the event of antisocial behaviour, including excessive noise, the Police should be contacted and Administration should be notified in writing of the issue. Substantiated complaints will be taken into consideration by Administration when the applicant proposes to renew the planning approval. 

 

It is noted that prior to the lodgement of this application in November and December 2016, and following the lodgement of this application in April 2017, complaints have been received by the City in regards to the management of the property, primarily in respect to noise. In response to these concerns, the landowner has prepared the above management plan (submitted to the City in August 2017), and implemented the code of conduct as a part of accepting and managing bookings. In the time since this has been prepared and implemented by the landowner, Administration is not aware of any complaints regarding the operation of the short term accommodation, which indicates that the enforcement of the management plan has been successful.

 

In light of this, Administration recommends that a condition of approval be imposed requiring the management plan to be implemented, to ensure that this continues. Non-compliance with this condition of approval would then be subject to compliance action in accordance with LPP 4.14 if a complaint is submitted to the City and is substantiated. As the initial approval is proposed to be time limited, substantiated complaints will also be taken into consideration should the applicant apply to renew the approval. Time limiting the approval is discussed in further detail below.

 

Time Limited Approval

 

The applicant has advised that the dwelling has been used for short term accommodation since 2007. Planning Bulletin 99 recommends that short term accommodation should be approved for an initial period of one year, which is supported by Draft LPP 4.21. Following this initial year, the applicant will be required to renew the approval. This allows Administration to reconsider the application based on whether any substantiated complaints have been received based on the use.

 

This time limited approval is also considered appropriate when considering the complaints received in November and December 2016, and April 2017. Since the landowner has prepared and implemented a code of conduct on guests, Administration is not aware of any further complaints regarding the short term accommodation being made, which indicates that the management plan is successful. In light of this, the imposition of a 12 month time limited approval (during which time the management plan is to be implemented) will provide the opportunity to ensure that the property can be managed and operated appropriately. This approach enables flexibility for the City to observe the use for this period and assess the effectiveness of the management measures.

 

At the conclusion of the 12 month period, the use of the property must revert back to being a Single House land use unless further approval is granted. Should the operation of the Residential Building be considered to be incompatible with the surrounding area in one year’s time, a further approval may not be granted. If a further approval is granted, this may be time limited again, although it is noted that this will be determined as part of a future application.

 

Swimming Pool

 

It is noted that there is a swimming pool on the subject site for use by guests of the short term accommodation. The swimming pool is considered an ‘aquatic facility’ as per the Health (Aquatic Facilities) Regulations 2007, as the owner does not live at the property and operates its use as part of a business. Aside from the various planning requirements of Residential Buildings, swimming pools that are considered ‘aquatic facilities’ are also required to comply with the Health (Aquatic Facilities) Regulations 2007. The Health (Aquatic Facilities) Regulations 2007 includes a number of requirements which must be satisfied, and stipulates that patrons are not permitted to use the swimming pool until a certificate of compliance regarding the aquatic facility is obtained and the Chief Health Officer has granted a permit to operate the aquatic facility. The matter of approving the use of the swimming pool as an ‘aquatic facility’ is subject to separate legislation which is required to be satisfied. It is also noted that in any planning approval granted, an advice note is included which states that it is the applicant’s responsibility to comply with all other applicable legislation and obtain all the required approvals, licenses and permits, prior to the commencement of the development.

 

Bushfire Prone Area

 

The subject site is located in a bushfire prone area as identified in the Planning in Bushfire Prone Areas State Planning Policy 3.7 (SPP 3.7). In accordance with SPP 3.7, the applicant provided a Bushfire Attack Level (BAL) assessment, prepared by Bushfire Prone Planning (an accredited bushfire planning consultant). This BAL assessment determined that the BAL rating applicable to the site is BAL-12.5. Clause 6.6.1 of the Planning in Bushfire Prone Areas State Planning Policy 3.7 (SPP 3.7) states that development applications for vulnerable land uses in areas between Bushfire Attack Level (BAL) 12.5 and BAL 29 will not be supported unless they are accompanied by a Bushfire Management Plan (BMP) jointly endorsed by the relevant local government and DFES.

 

Subsequently, a BMP was prepared by Bushfire Prone Planning on behalf of the applicant. This BMP was provided to Administration, and referred to DFES for comment on 8 September 2017. On 27 October 2017, DFES advised that the BMP satisfactorily addressed the bushfire protection criteria. In light of this endorsement by DFES, Administration considers that the proposal is consistent with the requirements of SPP 3.7, and is supported subject to the imposition of a condition requiring the implementation of the BMP.

 

Compliance

 

LPP 4.14 does not prescribe specific criteria for when prosecution for a retrospective use should be undertaken following approval being sought. However, it is considered that in this

 

 

instance prosecution should not be undertaken, as Administration is recommending that the approval be time limited to 12 months. As noted throughout the report, since the landowner has instigated the management plan informally, no further complaints have been received by Administration in regards to the use of the property. The 12 month period will allow for the use to be undertaken and for the effectiveness of the management measures to be assessed. At the completion of this 12 month period, should no further approval be granted and the use continue to operate, compliance action in accordance with LPP 4.14 could be initiated.

 

In light of the above, it recommended that no prosecution is undertaken should approval be granted.

 

Conclusion

 

The development application seeks approval for a change of use to a Residential Building for the purposes of operating short term accommodation from the subject site, which was identified through the investigation of complaints received from an adjoining property.

 

It is noted that prior to the lodgement of this application in November and December 2016, and following the lodgement of this application in April 2017, complaints have been received by the City in regards to the management of the short term accommodation, primarily in respect to noise. In response to these concerns, the landowner has prepared a management plan, and implemented a code of conduct as a part of accepting and managing bookings. In the time since this has been prepared and implemented by the landowner, Administration is not aware of any complaints regarding the operation of the short term accommodation, which indicates that the enforcement of the management plan obligations has been successful.

 

In light of this, it is considered that the application be approved subject to conditions, including the implementation of the management plan and for a period of 12 months, with the ability for a further approval to be granted having regard to any substantiated complaints received during this period. 

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.6    Housing Choice

3.6.1  Facilitate housing diversity to reflect changing community needs

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

This application has been assessed in accordance with the requirements of the following:

·    District Planning Scheme No. 2;

·    State Planning Policy 3.1 - Residential Design Codes;

 

·    State Planning Policy 3.7 - Planning in Bushfire Prone Areas;

·    Planning Bulletin 99 - Holiday Homes Guidelines;

·    Local Planning Policy 4.14 - Compliance; and

·    Draft Local Planning 4.21 - Short-Term Accommodation.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2, APPROVES the Development Application (DA2016/1848), as shown in Attachment 2, for a Change of Use to a Residential Building at Lot 263 (224) Ocean Drive, Quinns Rocks, subject to the following conditions:

 

a)      This approval only relates to the proposed Change of Use to a Residential Building, as indicated on the approved plans. It does not relate to any other development on the lot.

 

b)      The use of the approved premise shall conform to the District Planning Scheme No. 2 definition of a Residential Building which states:

 

                   “Residential Building: means a building or portion of a building, together with rooms and outbuildings separate from such building but incidental thereto, such building being used or intended, adapted or designed to be used for the purpose of human habitation:

 

·        Temporarily by two or more persons; or

·        Permanently by seven or more persons, who do not comprise a single family, but does not include a hospital or sanatorium, a prison, a hotel, a motel or residential school.”

 

c)      This planning approval is time limited and shall expire in 12 months from the date of this approval, unless a further approval is issued by the City. If a new approval has not been issued, the property shall only be used after the expiry date as a Single House.

 

d)      The maximum number of guests accommodated at any one time shall be 14.

 

e)      The use shall be operated in accordance with the “Le Chateau d’Ocean Holiday and Short-Term Rental Code of Conduct’, to the satisfaction of the City.

 

f)       Contact details of the manager of the property shall be provided to the owners and occupiers of the adjoining properties to enable the manager to be contacted in the event of any issues arising from the use of the property. If the property manager receives a complaint, they shall attend in the first instance and advise the City of any complaints received.

 

g)      The provision of a sufficient area to provide for a minimum of 7 car parking spaces, so as to ensure that there is no parking on the road verge or obstructing of movement onto or along the road, to the satisfaction of the City.

 

h)      The use shall be implemented in accordance with all recommendations of the Bushfire Management Plan prepared by Bushfire Prone Planning, dated 5 September 2017.

 

i)       The approval is valid from the date of the Council's decision and does not retrospectively authorise any other unapproved use of the premises.

2.       ENDORSES Administration’s responses to the submission as provided in Attachment 3; and

3.       ADVISES the submitter of its decision.

 

 

Attachments:

1.

Attachment 1 - Location Plan

17/313967

 

2.

Attachment 3 - Schedule of Submissions following Advertising - Change of Use to Holiday Accommodation - 224 Ocean Drive QUINNS ROCKS

AD178003

Minuted

3.

Attachment 2 - House Plans

17/82874

Minuted

 

 

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                           71

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                           72

 

CITY OF WANNEROO

DA2016/1848 CHANGE OF USE TO RESIDENTIAL BUILDING

   SCHEDULE OF SUBMISSIONS FOLLOWING ADVERTISING

(Advertising Closed 23 February 2017)

 

 

No.

Summary of Submission

Administration Comment

Recommendation

1.

Sean Freestone

8 Fairford Way, Quinns Rocks

1.1

Experienced a number of incidences of anti-social behaviour as a result of the property being used as short term accommodation, including:

·    Verbal abuse by drunk and disorderly tenants;

·    Tenants jumping from the boundary wall into the pool;

·    Swearing, screaming and yelling from tenants, which can include between 30 and 40 people;

·    Smoking and drug use;

·    Excessively loud music during the day and night until early in the morning; and

·    Live music from a band playing at a birthday party with up to 30 people.

 

Anti-social behaviour is not a matter for the City, and should be reported to the police, as the City does not have the ability to take action against unruly guests.

 

To address these issues, however, the applicant has provided a management plan as outlined in the ‘Draft LPP 4.21’ section of this report. This management plan includes a number of provisions to minimise and prevent noise and anti-social behaviour impacts on adjoining properties, including:

·    Guests must limit noise between the hours of 10pm and 7am on Monday to Saturday, and 10pm and 9am on Sunday and public holidays, to minimise any impact on the occupiers of neighbouring properties. The management plan also identifies that guests are to ensure noise is compliant with the Environmental Protection (Noise) Regulations 1997 , and that excessive noise which disturbs neighbouring properties is prohibited.;

·    The property is not to be used for parties, functions, or commercial event, or as a ‘party house’, including use for ‘hens’ parties, ‘bucks’ parties, or ‘schoolies’ events;

·    The use of the balcony, swimming pool, and outdoor garden area is not permitted between between the hours of 10pm and 7am on Monday to Saturday, and 10pm and 9am on Sunday and public holidays;

·    The use of amplified music in the swimming pool area is prohibited at any time, as is the use of glassware and diving off structures; and

·    No smoking is permitted inside or outside of the property.

 

In the event of non-compliance with the terms of the management

 

It should be noted that in the event of antisocial behaviour, including excessive noise, the Police should be contacted and Administration should be notified in writing of the issue. Substantiated complaints will be taken into consideration by Administration when the applicant proposes to renew the planning approval.

Imposition of a condition requiring the implementation of the management plan.

1.2

This is a quiet residential area, but due to people holidaying at the property it is treated as a party house with large numbers attending.

Noted.

 

Refer to response 1.1 above.

No modification required.

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                       74


 


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                           77

PS04-12/17       Refusal of Proposed Amendment to Local Development Plan - Zamia Rise Dunes, Yanchep

File Ref:                                              3389-D2 – 17/348782

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

 

Issue

To consider a proposed amendment to Detailed Area Plan (now referred to as Local Development Plan) - Zamia Rise Dunes (LDP) located within the area of Capricorn Coastal Village Approved Structure Plan No.44 (ASP 44).

Background

The LDP was endorsed by the City in March 2008 and was subsequently amended on 23 September 2015 (Attachment 1).

 

The LDP designates building envelopes for each lot for the purpose of natural vegetation and topography retention, as required under ASP 44. The LDP also establishes built form provisions relating to finished floor level, retaining height and building setbacks.

 

An amendment to the endorsed LDP was submitted by Mr Michael Bruno on 9 May 2017 on behalf of the landowners of Lot 787 (33) Cave Loop, Yanchep (subject site), Mathew and Denise Arrigoni.

 

The LDP area is zoned Urban Development under District Planning Scheme No. 2 (DPS 2) and Residential under ASP 44, with a residential density coding of R5.

Detail

The proposed amendment to the LDP (Amendment 2) modifies the existing building envelope for the subject site increasing it from 621m2 to 652m2. A Site Plan showing further detail of the proposed modification to the building envelope is included as Attachment 3.

 

The building envelope modification is intended to accommodate Single House Additions (Outbuilding, Retaining Walls and Swimming Pool), which have already been constructed outside of the existing building envelope (the outbuilding has only been semi-constructed).

 

It is noted that the applicant originally applied for retrospective Development Approval for the Single House Additions (Outbuilding and Retaining Walls). However, given that these structures are located outside of the existing building envelope, the applicant was instructed to withdraw the application and first apply for an amendment to the LDP to modify the building envelope.

 

The proposed LDP amendment makes the following changes to the setbacks of the building envelope on the subject site:

 

·    Setback from rear boundary reduced from minimum of 16.2m to minimum of 1.5m; and

·    Setback from eastern boundary reduced from minimum of 4.7m to minimum of 3.9m.

 

Consultation

The application was advertised for a period of 21 days in accordance with Clause 50 (2) of the Deemed Provisions of DPS 2 by means of correspondence to the affected adjoining landowners. The advertising period commenced on 7 June 2017 and closed on 28 June 2017.

 

Advertising was undertaken to the owners of the property adjoining the rear boundary of the subject site (18 Seagrass Street, Yanchep). The owners of this property submitted comments to the City, objecting to the proposal for the following reasons:

 

·    The proposed building envelope extension area (and semi-constructed outbuilding which has been constructed within the area) is located too close to the rear boundary of the subject site, allowing for the excessive building bulk of the outbuilding to be viewed from the alfresco area of the property; and

·    The setback of the proposed building envelope extension area from the rear boundary does not allow sufficient space for the planting of vegetation, which may help to reduce the impact of the outbuilding.

 

A summary of the submission is provided in Attachment 4. It is noted that when the Development Approval for the Single House Additions (Outbuilding and Retaining Walls) was lodged with the City, the owners of the rear property signed copies of the site plan and elevations, indicating their support of these structures. As noted above, the owners of the rear property have since withdrawn their support and have objected to the outbuilding and building envelope modification.

 

As discussed in the ‘Comments’ section below, the impact of the proposed building envelope modification on the property adjoining the eastern boundary of the subject site is considered minimal. Therefore, advertising to this property was not undertaken.

Comment

ASP 44 does not impose any restrictions on the size of building envelopes. The purpose of the building envelopes designated in the LDP is to ensure maximum retention of natural vegetation and topography. Furthermore, the LDP prohibits the removal of vegetation outside of the designated building envelope (except for fire breaks and driveways).

 

Extension of Building Envelope to Accommodate Outbuilding

 

The extension of the building envelope around the outbuilding is not supported by Administration, given that a large area of vegetation has been cleared outside the building envelope to accommodate the outbuilding, and because of the impact on the rear property.

 

Vegetation Clearing

 

The Background Report (Part 2) of ASP 44 sets out the importance of establishing a conservation link through the structure plan area by identifying areas of public open space and by designating R5 and R10-coded lots with building envelopes to ensure maximum retention of natural vegetation and dunal topography. ASP 44 allows for LDPs to be prepared in order to designate building envelopes and include provisions for the retention of vegetation and topography. The LDP therefore establishes building envelopes for the lots and prohibits the clearing of vegetation outside of the building envelopes except for the purpose of constructing driveways and firebreaks. In light of these provisions, Administration would not consider supporting a proposal to modify a building envelope within the LDP area, unless it could be demonstrated that the modification did not compromise the vegetation retention objectives of ASP 44. 

 

As shown in Attachment 5, the proposed building envelope extension area around the outbuilding was vegetated prior to the commencement of development on the site. The area to the east of the outbuilding, which is not included in the proposed building envelope, has also been cleared. Collectively, this existing vegetation which has been cleared outside of the building envelope is approximately 680m2 in area.

 

It is noted that the applicant has provided a list of species that have been planted on the property, outside of the proposed building envelope, as a means of compensating for the vegetation which has been cleared. This list of species is included on the site plan in Attachment 3. The species included in this list are largely consistent with the species of the Quindalup Vegetation Complex, which covers the subject site.

Notwithstanding the above, given the retrospective nature of the clearing in the area of the outbuilding, Administration is not able to ascertain which species were present in this area, or the health of vegetation present. As such, Administration is not able to determine whether the areas of replanting may be considered to sufficiently compensate for the area which has been cleared.

Impact on Rear Property

 

The LDP prescribes that the boundary setback provisions of the R-Codes shall only apply if the cone of vision from major openings of structures proposed overlooks part of a designated building envelope of a neighbouring property. The outbuilding does not incorporate any major openings, so this provision would suggest that the setback provisions of the R-Codes do not apply. Notwithstanding, the existing locations of the building envelopes within the LDP are located in such a way as to allow them to be screened from adjoining properties by the existing vegetation.

The semi-constructed outbuilding has a wall height of 4m and pitched roof height of 5m, with a total area of 96m2. It is setback a minimum of 1.5m and a maximum of 3m from the rear boundary. To accommodate this outbuilding, the applicant has proposed to reduce the setback of the building envelope from the rear boundary from the current setback of 16.2m to minimum of 1.5m. As shown in Attachment 6(b) and 6(c), the frame of the outbuilding currently extends approximately 2m above the existing boundary fence between the subject site and the rear property, and can also be seen from the rear property’s alfresco area. The applicant has advised that they would consider reducing the height of the outbuilding to a wall height of 3m and a pitched roof height of 4m. It is noted this would still exceed the ‘deemed-to-comply’ wall height of an outbuilding under the R-Codes, being 2.4m. Generally, building bulk arises from large solid walls and structures that impact the amenity of the adjoining properties. Given the setback of the outbuilding from the rear boundary, an outbuilding 3m in wall height would still be considered to impose excessive building bulk on the rear property.

Whilst vegetation has been planted between the outbuilding and the rear boundary fence, the applicant has not indicated which of the species from the list provided in Attachment 3 have been planted in this location. Administration is therefore not able to ascertain whether this vegetation will be able to screen the outbuilding, as viewed from the rear property, once fully grown.

Extension of Building Envelope to Accommodate Swimming Pool and Retaining Walls

 

In accordance with Clause 61(1)(d) of the Deemed Provisions of DPS 2, a swimming pool is exempt from requiring development approval where it is in addition to a single house. A Building Permit for the swimming pool was issued on 15 November 2016. The plans submitted by the applicant for the Building Permit showed the building envelope in the wrong location, containing the swimming pool. On this basis, the Building Permit for the swimming pool was issued by the City.

 

 

No development approval or building permit has been issued for the retaining walls around the swimming pool, despite the requirement to obtain these approvals.

 

Notwithstanding the above, the extension of the building envelope around the swimming pool and retaining walls is considered acceptable for the following reasons:

 

·    As shown in Attachment 5, the extension area around the swimming pool and retaining walls was vegetated prior to undertaking these works. Notwithstanding, the area cleared for these structures is considered minimal, and would still allow for the majority of the existing vegetation to be retained; and

·    As shown in Attachment 6(a), the subject site is at a lower level than that of the adjoining property to the east (37 Cave Loop, Yanchep). As such, the works within this extension area (being the swimming pool and retaining walls) will not be visible from the dwelling and outdoor living areas of 37 Cave Loop, Yanchep.

Determination of Application

In accordance with the Deemed Provisions of District Planning Scheme No. 2 (DPS 2), the City, following consideration of a proposed amendment to an LDP, must:

 

a)   Approve the LDP amendment;

b)   Require the person who prepared the LDP amendment to:

i.    Modify the LDP in the manner specified by the local government; and

ii.    Resubmit the modified LDP to the local government for approval;

Or

c)   Refuse to approve the LDP.

 

In the process of considering the proposed amendment, the applicant was advised that Administration supports the extension of the building envelope around the swimming pool and associated retaining walls, but does not support the extension of the building envelope around the outbuilding, as discussed above. Consequently, the applicant was given the opportunity to modify the proposed LDP amendment accordingly. The applicant advised that they would like to keep the building envelope as it is, so as to allow for the semi-constructed outbuilding to be completed. Whilst the extension of the building envelope around the existing swimming pool and retaining walls is supported, no modified LDP amendment has been submitted to show the building envelope modification which is supported by Administration. As such, a determination needs to be made on the application as submitted, which as discussed above, Administration does not support.

Assessment against State Planning Policy 3.7: Planning in Bushfire Prone Areas (SPP 3.7)

 

The subject site is identified as being located within a bushfire prone area. Given that Administration does not support the proposed LDP amendment for the reasons discussed above, a Bushfire Attack Level (BAL) assessment was not requested from the applicant.

Compliance

The building envelope modification is intended to accommodate structures which have already been fully or partially constructed outside of the existing building envelope. In addition to refusing this application, Administration recommends that the owners of the subject site be required to remove the existing structures outside of the approved building envelope and revegetate the area which has been cleared. If this recommendation is supported by Council, the City’s Compliance team would then proceed to take compliance action against the landowners, in accordance with Local Planning Policy 4.14 – Planning Compliance (LPP 4.14).

 

 

 

Conclusion

 

As discussed above, the extension of the building envelope around the outbuilding is not supported, given that a large area of vegetation has been cleared outside the building envelope to accommodate the outbuilding, and because of the impact on the rear property. The extension of the building envelope around the swimming pool and retaining walls, however, is considered acceptable given that the associated vegetation clearing is minor in nature and the impact on the adjoining property is not considered significant.

 

In accordance with the Deemed Provisions of DPS 2, Administration gave the applicant the opportunity to modify the proposed LDP amendment to reflect the building envelope supported by Administration. As noted above, however, the applicant advised that they would like to keep the building envelope as it is, so as to allow for the semi-constructed outbuilding to be completed. As such, Administration has provided a recommendation of refusal based on the application as submitted.

 

If Council resolves to approve the application to extend the building envelope in the LDP, then the applicants would need to obtain the following additional approvals from the City:

 

·    Development Approval for the Outbuilding and Retaining Walls; and

·    A Building Permit for the Outbuilding and Retaining Walls.

 

If Council resolves to refuse the application, then the applicants would have the following options:

·    Remove the structures outside of the existing building envelope;

·    Lodge a new LDP amendment application, showing the building envelope extension around only the swimming pool and retaining walls (not the outbuilding). The outbuilding would then need to be removed; or

·    Appeal the decision at the State Administrative Tribunal.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Natural)

3.2    Enhanced Environment

3.2.3  Optimize retention of significant vegetation and habitat

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Local Planning Policy 4.14 – Planning Compliance (LPP 4.14)

Financial Implications

Nil

 

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Pursuant to subclause 52(1)(a) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2 REFUSES the Local Development Plan Amendment, as shown in Attachment 2, for the following reasons:

 

a)      A large area of vegetation has been cleared outside the existing building envelope, which is contrary to the purpose of the Local Development Plan and the provisions of Approved Structure Plan No. 44 – Capricorn Coastal Village, Yanchep;

b)      The proposed extension of the building envelope is considered to adversely impact the amenity of the rear adjoining property.

 

2.       In accordance with LPP 4.14, ADVISES the City’s Compliance Services to instruct the owners of the subject site to remove the existing structures outside of the existing building envelope and revegetate the area which has been cleared, to the satisfaction of the City.

 

 

 

 

Attachments:

1.

Zamia Rise Dunes - Endorsed LDP

17/402508

 

2.

Zamia Rise Dunes - Proposed LDP Amendment

17/144630

Minuted

3.

33 Cave Loop, Yanchep - Site Plan Showing Proposed Building Envelope Modification

17/260168

 

4.

33 Cave Loop, Yanchep - Summary of Submission

17/389181

 

5.

33 Cave Loop, Yanchep - Aerial Images

17/389195

 

6.

33 Cave Loop, Yanchep - Site Visit Photos

17/389121

 

 

 

 

 

 

 

 

 

 

 

 

 


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Assets

Asset Operations & Services

AS01-12/17       2017/18 Bus Shelter Installation Program and Petition PT01-10/17 Installation of Bus Shelter at Stop 21902 on Kingsway

File Ref:                                              7242 – 17/370370

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       18         

 

Issue

To consider 2017/18 Bus Shelter Installation Program and Petition PT01-10/17 requesting the installation of a bus shelter at stop 21902 on Kingsway east of Regency Avenue.

Background

To encourage the use of Public Transport and reduce vehicle congestion on the road network, the City has allocated $60,000 (PR-1055) in the 2017/2018 Capital Works Program to install bus shelters in qualifying bus stop locations. To achieve the best outcome for residents and public transport users, the City gives priority to bus stops qualifying for co-funding (50/50) through the Public Transport Authority's (PTA) Bus Shelter Grants Scheme (BSGS). To qualify for PTA funding under the BSGS, the nominated bus stop requires an average minimum patronage figure of 15 boarding passengers per weekday. Council further confirmed this position on 2 April 2013, (Item IN06-04/13 refers) and resolved as follows:

 

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

 

Furthermore, Council received petition PT01-10/17 at its meeting on 10 October 2017 the petition contained 113 signatures and reads as follows:

 

       “We, the undersigned, all being residents of the City of Wanneroo do formally request Council’s consideration on the installation of a bus shelter at stop 21902 Kingsway east of Regency Avenue.”

Detail

This report provides a list of bus stops to be considered for the installation of bus shelters in line with the abovementioned Council’s resolution, in addition to considering a petition requesting the installation of a bus shelter at bus stop 21902 Kingsway east of Regency Avenue.

 

The typical cost to install a new bus shelter without 50/50 funding from the BSGS is currently $11,000. These costs can increase depending on additional site costs. Based on the City funding 100% of costs, up to five new bus shelters can be installed per year. Should the City continue to give priority to installation of bus shelters at sites that meet the PTA's Bus Shelter Grant Scheme, 8 bus shelters can be installed depending on the specific site costs.

 

When determining sites for bus shelter installation, Administration considers patronage, road reserve width, sightlines at property crossovers and intersections, as well as the potential impact on the adjacent residents.  Currently, there are 785 PTA bus stops (excluding school bus stops) within the City with 151 stops have shelters, including illuminated advertising shelters. The remaining 634 stops do not have bus shelters, with many of these bus stops only used for the return journey and consequently having little demand from boarding passengers.

 

Using the patronage data of all bus stops within the City provided by PTA in June 2017, the following 17 bus stops have over 20 boardings per day, the lower threshold selected for this year. The City has consulted with the PTA to gauge their support.

Priority No.

Stop No.

Location

Patronage

Recommendation

1

26506

Benenden Avenue before Santorini Promenade, Alkimos (Refer to Attachment 1 for location map)

63

PTA does not support the location as the stop is not on the final route alignment. Administration recommends not proceeding with the installation of a shelter at this location. 

2

26997

Butler Boulevard before Camborne Parkway, Butler (Refer to Attachment 2 for location map)

62

PTA supports installing a bus shelter at this location. Bus Stop located in Butler Town Centre adjacent to commercial/ state government land

3

26862

Glasshouse Drive after Burma Loop, Banksia Grove (Refer to Attachment  3 for location map)

51

PTA does not support the location as the stop is not on the final route alignment. Administration recommends not proceeding with the installation of a shelter at this location. 

4

26579

Porrecta Link after Joseph Banks Boulevard, Banksia Grove (Refer to Attachment 4 for location map)

42

PTA does not support the location as the stop is not on the final route alignment. Administration recommends not proceeding with the installation of a shelter at this location. 

5

26121

Carosa Road after Taplow Parade, Ashby (Refer to Attachment 5 for location map)

34

PTA supports installing a bus shelter at this location. Bus Stop located adjacent to parkland. Residents across from proposed installation notified.

6

21913

Ocean Keys Boulevard after Verrado Way, Clarkson (Refer to Attachment 6 for location map)

33

PTA does not support the location. Administration recommends not proceeding with the installation of a shelter at this location. 

7

27537

Brooklyn Avenue before Willespie Drive, Pearsall (Refer to Attachment 7 for location map)

30

PTA does not support this location at the current time due to a pending ministerial request to relocate the stop. Administration recommends not proceeding with the installation of a shelter at this location. 

8

26948

Yandella Promenade after Waldburg Drive, Tapping (Refer to Attachment 8 for location map)

30

PTA does not support the location as the long term route may change after the grade separation of Wanneroo Road and Joondalup Drive. Administration recommends not proceeding with the installation of a shelter at this location. 

9

26933

Botanic Avenue after Woolly Road, Banksia Grove (Refer to Attachment 9 for location map)

29

PTA supports installing a bus shelter at this location. Bus Stop located in parkland. Residents across from proposed installation notified.

10

18226

Santa Barbara Parade after Ceduna Way, Quinns Rocks (Refer to Attachment 10 for location map)

29

PTA supports installing a bus shelter at this location. Consultation required as stop located on the side of residential properties.

11

23351

Ghost Gum Boulevard after Kurrajong Boulevard, Banksia Grove (Refer to Attachment 11 for location map)

28

PTA supports installing a bus shelter at this location.

As the stop is located on the side of residential properties, community consultation has been undertaken and adjoining residents have objected to the installation due to access issues.

12

27545

Alhambra Parkway before Kingsway, Landsdale (Refer to Attachment 12 for location map)

25

PTA supports installing a bus shelter at this location. Bus Stop located adjacent to parkland. Residents across from proposed installation notified.

13

18208

Lukin Drive after Marmion Avenue, Butler (Refer to Attachment 13 for location map)

25

PTA yet to provide comments. Does not affect any residential property directly.

14

25558

Marmion Avenue after Hughie Edwards Drive, Merriwa (Refer to Attachment 14 for location map)

25

PTA yet to provide comments. Does not affect any residential property directly.

15

18156

Rothesay Heights before Rochester Drive, Mindarie (Refer to Attachment 15 for location map)

23

PTA yet to provide comments. Does not affect any residential property directly.

16

23916

Connolly Drive before Walyunga Boulevard, Clarkson (Refer to Attachment 16 for location map)

23

Patronage at this stop has declined and the PTA does not support a shelter at this time. Administration recommends not proceeding with the installation of a shelter at this location.

17

26293

Excellence Drive after Inspiration Drive, Wangara (Refer to Attachment 17 for location map)

22

PTA does not support the location as the stop is not on the final route alignment. Administration recommends not proceeding with the installation of a shelter at this location.

The PTA does not support eight of the above locations. Out of the remaining nine locations, two of the stops are located on the side of residential properties and require community consultation and four of the locations are located in parkland or adjacent to commercial land and the remaining three do not affect any residential property but still require PTA support.

 

In considering the residents’ objection to the installation of the bus shelter at stop number 23351, Administration does not recommend for this installation to proceed.

 

In addition to the 17 bus stops analysed above, Administration also reviewed the patronage data for bus stop no. 21902 Kingsway east of Regency Avenue, Madeley (Attachment 18 refers). Bus stop no. 21902 has a patronage of two boardings per day. Furthermore, the installation of a bus shelter at this location will affect the sight distance at two access points for Kingsway Court Village.

Consultation

The City consulted with residents potentially affected by the proposed installation of a bus shelter adjacent to their property with the consultation period extending from 2 November to 23 November 2017. The City also notified residents that are directly across the street from the other four stops.

Comment

While the City would like to encourage public transport use by providing facilities at all bus stops it is committed to achieving the best result for all public transport users by funding those bus stops with the highest patronage which also attract 50/50 grant funding from PTA. The City receives patronage data from the PTA on an annual basis to determine the potential sites for installation of bus shelters. Each year the patronage levels at bus stops vary due to development, extension or alteration of bus routes and residents moving, which results in Administration only being able to formalise an installation program on an annual basis. This practice ensures that the highest patronage sites are prioritised using the most up to date information.

 

Taking into consideration the initial response from the PTA, the proposed priority of installation for 2017/18 Bus Shelter Installation Program is recommended below:

 

Priority No.

Stop No.

Location

Recommendation

1

26997

Butler Boulevard before Camborne Parkway, Butler (Refer to Attachment 2 for location map)

PTA supports installing a bus shelter at this location.

2

26121

Carosa Road after Taplow Parade, Ashby (Refer to Attachment 5 for location map)

PTA supports installing a bus shelter at this location.

3

26933

Botanic Avenue after Woolly Road, Banksia Grove (Refer to Attachment 9 for location map)

PTA supports installing a bus shelter at this location.

4

18226

Santa Barbara Parade after Ceduna Way, Quinns Rocks (Refer to Attachment 10 for location map)

PTA supports installing a bus shelter at this location.

5

27545

Alhambra Parkway before Kingsway, Landsdale (Refer to Attachment 12 for location map)

PTA supports installing a bus shelter at this location.

6

18208

Lukin Drive after Marmion Avenue, Butler (Refer to Attachment 13 for location map)

PTA yet to provide comments. Does not affect any residential property directly.

7

 

25558

Marmion Avenue after Hughie Edwards Drive, Merriwa (Refer to Attachment 14 for location map)

PTA yet to provide comments. Does not affect any residential property directly.

8

18156

Rothesay Heights before Rochester Drive, Mindarie (Refer to Attachment 15 for location map)

PTA yet to provide comments. Does not affect any residential property directly.

Subject to the outcome of the community consultation in relation to shelter listed at 4 in the table above, it is proposed that the Director Assets considers the objections (if any) and makes a decision on the installation of this shelter. Should this shelter installation not proceed, the remaining shelters will be installed as per the above priority order.

Administration is confident that the PTA is likely to support the installation of bus shelters at bus stops 18208, 25558 and 18156. Should the PTA not support the installation of any of these three bus shelters, it is proposed that the Director Assets be authorised to identify further bus stops and approve their inclusion in the 2017/18 Bus Shelter Installation Program.

The cost associated with the installation of six shelters supported by the PTA above is approximately $51,000 which will allow the installation of one more shelter in 2017/18.

Bus Stop 21902 at Kingsway east of Regency Avenue is not considered to be a high priority by Administration based on the low patronage figure of 2 boardings per day. Bus stop 21902 has already been upgraded to comply with disability standards by the PTA without consideration of the installation of a bus shelter. The cost associated with the bus shelter installation at this stop will need to be fully funded by the City at an approximate cost of   $11,000. Based on the low patronage data and sight distance issue, Administration does not support the installation of a bus shelter at bus stop no. 21902.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.5    Connected and Accessible City

3.5.1  Deliver local transport infrastructure including roads, footpaths and cycle ways to improve accessibility

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Administration has developed a Draft Bus Stop Infrastructure Policy which will be considered by Council before the end of the 2017/18 financial year. The draft policy includes a multi-criteria analysis to guide the selection of bus stops for the annual Bus Shelter Installation Program. All projects recommended as part of the 2017/18 Bus Shelter Installation Program score highly in accordance with the draft policy.

Financial Implications

An allocation of $60,000 forms part of Project No PR-1055 in the City’s Capital Works Program for bus shelter installation in 2017/2018. Should BSGS funding be utilised for the installation of all the bus shelters, the City would be able to install seven bus shelters in 2017/2018.

Voting Requirements

Simple Majority

 

Recommendation

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.       DOES NOT SUPPORT the installation of a bus shelter at bus stop no 21902 Kingsway after Regency Avenue;

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

4.       AUTHORISES the Director Assets to:

a)     consider the outcome of community consultation in relation to bus stop 23351 and approve the installation of bus shelters in the priority order noted in the report; and

b)   identify further bus stops and approve their inclusion in the 2017/18 Bus Shelter Installation Program, should the Public Transport Authority not support the installation of shelters at any of the bus stop numbers 18208, 25558 and 18156.

 

Attachments:

1.

Location Map - Bus Stop No. 26506 - Benenden Avenue, Alkimos

17/387721

 

2.

Location Map - Bus Stop No 26997 - Butler Boulevard Before Camborne Parkway, Butler

17/387738

 

3.

Location Map - Bus Stop No 26862 - Glasshouse Drive After Burma Loop, Banksia Grove

17/387747

 

4.

Location Map - Bus Stop No 26579 - Porrecta Link After Burma Loop, Banksia Grove

17/387761

 

5.

Location Map - Bus Stop No. 26121 - Carosa Road, Ashby

16/318943

 

6.

Location Map - Bus Stop No. 21913 - Ocean Keys Boulevard, Clarkson

16/319324

 

7.

Location Map - Bus Stop No 27537- Brooklyn Avenue before Willespie Drive, Pearsall

17/387795

 

8.

Location Map Bus Stop No. 26948 Yandella Promenade after Waldburg Drive, Tapping

17/387812

 

9.

Location Map - Bus Stop No. 26933 - Botanic Avenue, Banksia Grove

16/318950

 

10.

Location map - Bus Stop No. 18226 Santa Barbara Parade after Ceduna Way, Quinns Rocks

17/387826

 

11.

Location map - Bus Stop No. 23351 Ghost Gum Boulevard after Kurrajong Boulevard, Banksia Grove

17/387859

 

12.

Location map - Bus Stop No 27545 Alhambra Parkway before Kingsway, Landsdale

17/387874

 

13.

Location map - Bus Stop No 18208 Lukin Drive after Marmion Avenue, Butler

17/387898

 

14.

Location map -Bus Stop No 25558 Marmion Avenue after Hughie Edwards Drive, Merriwa

17/387906

 

15.

Location map -Bus Stop No 18156 Rothesay Heights before Rochester Drive, Mindarie

17/387914

 

16.

Location map - Bus Stop No. 23916 Connolly Drive before Walyunga Boulevard, Clarkson

17/387887

 

17.

Location map - Bus Stop No. 26293 Excellence Drive after Inspiration Drive, Wangara

17/387890

 

18.

Location map -Bus Stop No 21902 Kingsway after Regency Avenue, Madeley

17/388020

 

 

 

 


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Assets Maintenance

AS02-12/17       Nominations for the Department of Transport's Two Rocks Reference Group

File Ref:                                              1702 – 17/375158

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider the nomination of Elected Members and Administration for membership and participation in the Department of Transport’s Two Rocks Reference Group.

Background

Issues along the Two Rocks coastline adjacent to the Two Rocks Marina have been recently considered by Council as follows:

 

·        IN02-07/15 – Two Rocks Coastal Management;

·        AS04-10/16 – Sovereign Drive Two Rocks Beach Access; and

·        AS01-04/17 – Two Rocks Beach Access Options Assessment.

 

The Two Rocks Coastal Management Study was completed in 2015 which recommended options to address the ongoing coastal erosion issues north of the Two Rocks Marina including managed retreat and staged construction of two rock armoured groynes. Since the completion of this study, the City has continued to regularly monitor this section of coast via photographic beach monitoring and beach surveys. The erosion issues north of the Two Rocks Marina, along with the seagrass wrack accumulation issues to the south of the marina, are a direct result of the marina construction and has resulted in a number of coastal management reports, as well as customer and Councillor enquiries over a twenty year period. On this basis the City has continued to request coastal management action from the State Government for this section of coastline.

 

Additionally, this section of coastline was identified as an area at risk of being impacted by coastal erosion and inundation in Part 1 of the City’s Coastal Hazard Risk Management Adaptation Plan (CHRMAP Part 1) – Coastal Vulnerability Assessment, which was finalised in 2015.  Administration is currently in the process of preparing Part 2 of the CHRMAP (CHRMAP Part 2) which involves the identification of adaptation measures for these vulnerable areas and the City’s remaining coastline.

 

Furthermore, the ongoing erosion and severe storm induced erosion experienced in May 2016 resulted in damage to the existing beach access staircase on Sovereign Drive. Demolition and removal of the unsafe structure was undertaken in October 2016 following engineering assessments and significant community consultation. A Beach Access Options Assessment, including consultation with the Two Rocks Community, was presented to Council at it’s Ordinary Meeting in April 2017 (AS01-04/17) and one of the Council Resolutions was as follows:

“That Council:

2        REQUESTS the Mayor to seek an urgent meeting with the Minister for Transport and Attorney General to:

a)   discuss the funding of the design and construction of the recommended beach access option given that the coastal erosion issues and subsequent loss of the previous staircase is a direct result of the construction of the Two Rocks Marina;

b)   seek early implementation of the long term coastal management measures as recommended in the “Two Rocks Coastal Management Study – March 2015” and/or re-design the Two Rocks Marina to address ongoing erosion issues; and

c)   discuss the need for State Government consultation with the Two Rocks Community regarding future coastal management and marina development plans, through the establishment of a Community Reference Group including City of Wanneroo members;”

Based on Council Resolution 2 (AS01-04/17) above, a meeting was held on 29 June 2017 between the Minister for Transport, Planning and Lands, Mayor Roberts, Chief Executive Officer and Director Assets. All parties were supportive of the establishment of a Reference Group to guide long-term planning and progress a vision for the redevelopment of the Two Rocks Marina, including consideration of seagrass wrack accumulation and coastal erosion issues adjacent to the marina.

 

This matter was considered by Council at its Ordinary Council Meeting held on 14 November 2017 (Item AS02-11/17 refers) and Council resolved “That the Motion be referred back to Administration for further consideration.”

 

This report considers the details relating to the establishment of a Reference Group by the Department of Transport (DoT) and nomination of Elected Members and Administration for membership and participation in this Group.

Detail

On 14 September 2017 the Minister for Transport, Planning and Lands announced a $6 million upgrade of the Two Rocks Marina. As part of this announcement, the Minister also announced an opportunity for members of the community to register their interest to be involved in a Reference Group which will guide long-term planning and progress a vision for the redevelopment of the marina, including consideration of seagrass wrack accumulation and coastal erosion adjacent to the marina.

 

The Reference Group will play a key role in ensuring community and user group interests and concerns are identified and addressed in any long-term planning for marina redevelopment and/or coastal management.

 

A Community Information Session was held at the Phil Renkin Centre on 11 October 2017 in relation to the immediate $6 million upgrade works. This was attended by DoT staff, City of Wanneroo Administration, coastal engineering consultants and 41 members of the public, including three North Coast Ward Councillors. A total of 15 expressions of interest for membership in the Reference Group were received at this Community Information Session including community members, business owners, Elected Members and Sun City Yacht Club members.

 

The Terms of Reference for the Group are currently in the process of being finalised. DoT intends for the Terms of Reference to largely reflect that of the Quinns Beach Long Term Coastal Protection Community Reference Group and the City will be engaged for review and comment prior to finalising the Terms. The proposed Aims and Functions of the Group are as follows:

·    To ensure the issues and concerns of the community are adequately understood and addressed;

·    To represent the wider interests of the community;

·    To act as a conduit to disseminate information and feedback to and from the wider community;  and

·    To provide input into the long term redevelopment of the marina.

 

Membership of the Group is proposed to consist of the Chair and approximately 12 persons comprising the following:

·    DoT Manager Coastal Management;

·    DoT Manager Maritime Planning;

·    One North Coast Ward Councillor;

·    One City Administration representative;

·    Director North Coastal Planning at the Department of Planning; and

·    Six - Eight representatives of the community/community groups.

 

All administration support for the Reference Group will be undertaken by the DoT.

 

A letter was received from the Department of Transport, dated 19 October 2017, which formally invited the City to participate in the Reference Group via the inclusion of Administration and Elected Members as members of the Group and Mayor Roberts as the Chair. Refer to Attachment 1.

 

A further meeting will be held in November 2017 between the DoT and City of Wanneroo Administration to discuss and finalise the details, membership and Terms of Reference for the Reference Group which as per the Department’s advice are expected to the similar to the Terms of Reference used by the City for the Quinns Beach Long Term Coastal Protection Community Reference Group established by the City in 2014.

 

Since the Ordinary Council Meeting held on 14 November 2017, in response to a clarification from Administration, the Department of Transport has advised the following:

 

“To ensure the balance of membership of the reference group DoT advises that the City of Wanneroo may only nominate 2 members in addition to the Chair. However, notwithstanding our original request which invited one Ward Councillor and one City administration representative, we can advise that DoT accepts that it should be at the City’s discretion to delegate the 2 member positions made available to the City.”

 

Therefore the options available to the Council is to nominate (in addition to the Chair):

 

1. Two Elected Members; or

2. One Elected Member and one City administration representative; or

3. Two City administration representatives.

 

In addition to the members, the City may also provide administration staff to attend the meetings in the capacity of technical support. DoT would request that this be restricted to two people. These attendees would be observers and would be required to maintain an observation role unless specifically called upon by a member to provide advice.

 

In regards to Option 2 above, DoT would support the nomination of a deputy to the Elected Member. The deputy may also attend the meetings in the capacity as an observer, with the same conditions applying to the deputy Elected Member as described above for administration staff.

 

Administration recommends Option 2 as proposed by DoT supported by a deputy Elected Member nomination. 

Consultation

The City is committed to ongoing consultation with the Two Rocks Community on all coastal matters as evidenced by recent community engagement associated with the Two Rocks Coastal Management Study, CHRMAP Part 1 Coastal Vulnerability Assessment, CHRMAP Part 2 Coastal Values Survey and consultation sessions and Two Rocks Beach Access.

 

The DoT is also committed to engaging with the marina stakeholders and the Two Rocks Community through the establishment of the proposed Reference Group and arrangement of Community meetings such as the Information Session held on 11 October 2017, as described in the Detail Section above. Further Community meetings will be held by the DoT at key project stages associated with future marina development and coastal management works.

 

The establishment of a Reference Group will also assist with community consultation by providing a conduit to disseminate information and feedback to and from the wider community.

Comment

The establishment of a Reference Group by DoT is expected to greatly assist with the understanding of the community preferences and concerns and will provide a means of disseminating information to the wider community in relation to the redevelopment of the Two Rocks Marina and coastal management issues/intentions.

 

This approach has worked very well with the Quinns Beach Long Term Coastal Protection Community Reference Group, which enabled community input into the development of long term coastal management options for the Quinns Rocks coastline.

 

Reference Group membership for Elected Members and Administration, as requested by the DoT, is recommended for the following reasons:

 

·    it will enable the City to better understand the interests and concerns of the Two Rocks Community;

·    it will ensure that the City remains included in future re-development plans and coastal management decisions for this important coastal location; and

·    Any planned management options implemented in the Two Rocks Marina will have a direct impact on the current and future reviews of the City’s CHRMAP assessments.  This is important for the consideration of future potential adaptation options for this area and the information that is being communicated to the City’s community. 

Statutory Compliance

Clause 9.4 of the City of Wanneroo Standing Orders states that ‘Where there is no provision or insufficient provision is made in this local law, the presiding person is to determine the procedure to be observed’.

 

Therefore, the Mayor has the authority to determine the procedure for selection of the preferred nominee. When the preferred nominee has been selected, the name of that nominee will be added to the recommendation for Council’s full consideration.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:


 

 “1     Society

1.4    Connected Communities

1.4.1  Connect communities through engagement and involvement

 “3     Environment (Natural)

                   3.1     Resource Management

                             3.1.1 Minimise impacts of climate change”

Risk Management Considerations

Risk Title

Risk Rating

ST-23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

CEO

Manage

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic risk register. Action plans have been developed to manage/mitigate/accept this risk to support existing management systems.

Policy Implications

Nil

Financial Implications

Costs associated with the establishment and administration of the Reference Group will be the responsibility of the Department of Transport and costs associated with Administration attendance at Reference Group Meetings will be accommodated from within the City’s Operating Budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       SUPPORTS the establishment of a Reference Group which will guide long-term planning and progress a vision for the redevelopment of the Two Rocks Marina, including consideration of seagrass wrack accumulation and coastal erosion issues adjacent to the marina;

2.       ACCEPTS Department of Transport’s request for the nomination of  Mayor Tracey Roberts as Chair of the Two Rocks Reference Group;

3.       NOMINATES Cr …………………., North Coast Ward Councillor as a member of the Two Rocks Reference Group;

4.       NOMINATES Cr …………………., North Coast Ward Councillor as a deputy for the Elected Member nominated in Item 3 above as a member of the Two Rocks Reference Group; and

5.       NOMINATES the Chief Executive Officer or his nominated delegate(s), as member(s) of the Two Rocks Reference Group.

 

 

Attachments:

1.

Attachment 1 - Two Rocks Marina Future Development - Reference Group Invitation

17/369207

 

  


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Community & Place

Community Facilities

CP01-12/17       Electronic Scoreboard Installation - Budget Re-allocation

File Ref:                                              28029 – 17/394059

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider an amendment to the adopted 2017/18 Budget to accommodate costs associated with the installation of electronic scoreboards at City of Wanneroo Active Reserves.

Background

Administration has been working with the resident AFL Clubs at the Wanneroo Showgrounds and the Kingsway Regional Sporting Complex, the Wanneroo Amateurs Football Club and the Kingsway Football Club respectively, (the Clubs) since early 2017 in respect to the electronic scoreboard (the scoreboard) installation.

 

The Clubs secured funding for the purchase of the scoreboards via separate applications to the Federal Government through the Stronger Communities Program, which is administered by the Federal Department of Infrastructure and Regional Development.

 

In both cases the grant applications occurred without the knowledge or input from the City. Each grant provided a sum of approximately $13,000 for the purchase of the electronic scoreboards, with allowance for installation and power connection.

 

The proposed location of the scoreboards at each site is shown in Attachment 1, noting that the scoreboard at the Wanneroo Showgrounds has been installed by the Club (without the approval of Administration). A copy of the approved engineering design of the proposed supporting structure for the Wanneroo Showgrounds and Kingsway Regional Sporting Complex scoreboards has been included in Attachment 2 and Attachment 3, respectively.

Detail

As this is a unique request (Administration has not previously installed equipment of this nature on a City of Wanneroo Active Reserve), Administration has been required to further investigate the approvals, procurement and project delivery approach appropriate to an installation of this type. As a result, Administration’s proposed process in relation to the installation of the scoreboards at the Wanneroo Showgrounds and the Kingsway Regional Sporting Complex is as follows:

 

·    Confirmation of the scoreboard specifications (including documentation) from the resident Clubs. Completed;

·    Development and approval of a certified engineering drawing of the required structure to support the scoreboard (and as per manufacture’s requirements). Completed by Administration for both installations;

·    Clubs to manufacture and fund the scoreboard supporting structure to the approved structural engineering requirements.

·    Installation of the scoreboard supporting structure to be undertaken (and funded) by the City, inclusive of attaching the electronic scoreboard. It should be noted that the Wanneroo Showgrounds scoreboard has been installed by the club. As a result Administration was required to engage a structural engineer to inspect and provided retrospective approval of the structure. This cost ($800) will be passed onto the Club;

·    Connection of the scoreboard to a suitable power supply to be undertaken (and funded) by the City; and

·    The City to undertake an annual inspection, maintenance and fault correction using its existing contractors at the respective Club’s cost.

 

In addressing the above points, the primary concern was ensuring that both the City and the Club are adequately protected from a risk and public liability perspective and taking into account the complexity of non-City of Wanneroo contractors undertaking this work.

 

In respect to future scoreboard installations of this type, the proposed process will be as follows:

 

·    Clubs to notify Administration prior to making a grant submission;

·    Clubs to provide a certified structural engineer’s plan for the proposed supporting structure for the scoreboard and submit to Administration for approval;

·    Clubs to manufacture the supporting structure to the requirements of the approved structural engineer’s specifications and delivered to site, at the Club’s cost;

·    City of Wanneroo to install the supporting structure and the scoreboard;

·    City of Wanneroo to undertake connection of the scoreboard to a suitable power supply;

·    City of Wanneroo to undertake annual inspection, maintenance and fault correction using its existing contractors at the Club’s cost; and

·    Replacement of the scoreboard and the supporting structure will be the responsibility of the Club.

 

In this regard, the costs to be met by the City will be listed within the Long Term Financial Plan.

Consultation

Consultation throughout this process has been undertaken with both the Wanneroo Amateur Football Club and the Kingsway Football Club.

Comment

Nil

Statutory Compliance

The proposed works are considered to constitute public works by a public authority in accordance with section 6 of the Planning and Development Act 2005 (PD Act), and section 2 of the Public Works Act 1902. Accordingly, the Western Australian Planning Commission's (WAPC) approval under the Metropolitan Region Scheme (MRS) is not required.

 

Schedule 4 – Item 5 of the Building Regulations 2012 provide circumstances where freestanding structures such as masts, signs and antennas are exempt from requiring a building permit. Given that the proposed scoreboards are freestanding and in excess of 3m in height, they do not fall within the exemptions listed in this schedule. Consequently a Building Permit application is required for the scoreboards.

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.1    Healthy and Active People

1.1.1  Create opportunities that encourage community wellbeing and active and healthy lifestyles

Risk Management Considerations

Risk Title

Risk Rating

CO-O04 - Asset Management

Moderate

Accountability

Action Planning Option

Director Assets

Manage

 

The above risk/s relating to the issue contained within this report has been identified and considered within the City’s Corporate risk register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

Nil

Financial Implications

The cost estimate for the installation of the scoreboard frame, attachment of the scoreboard and power connection for the scoreboard at the Kingsway Regional Sporting Complex is $12,000. The cost of the power connection for the scoreboard at the Wanneroo Showgrounds is estimated to be $5,000.

 

The total cost for the completion of both scoreboard installations is estimated at $17,000.

 

As these projects are not listed in the 2017/18 Budget, this report will seek to use identified project savings from project PR-4054 Passive Park Elements Active Reserve Master Plan. This project has funds of $60,000 in the 2017/18 budget and has the capacity to fund the scoreboard installation as a result of cost savings achieved from sub project actual costs being lower than budget forecasts.

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.       NOTES the successful Federal Government Stronger Communities Program grant applications by the Wanneroo Amateur Football Club and the Kingsway Football Club for the purchase of electronic scoreboards for installation at the Wanneroo Showgrounds and the Kingsway Regional Sporting Complex, respectively;


 

2.       APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure listed in the following table, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 for the Installation and Connection of Electronic Scoreboards at the Wanneroo Showgrounds and  Kingsway Regional Sporting Complex :

Description

GL Account/

Capital Project

Current Budget

Adjusted Budget

Installation and Connection of Electronic Scoreboards at the Wanneroo Showgrounds and Kingsway Regional Sporting Complex.

PR-TBA

$0

$17,000

3.       APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 to address the Installation and Connection of Electronic Scoreboards at the Wanneroo Showgrounds and  Kingsway Regional Sporting Complex, noting that a new Project Number will be created upon Council endorsement;

Project Number

From

To

Description

PR-4050

$17,000

 

Passive Park Elements Program Active Reserve Master Plan

PR- TBA

 

$17,000

Installation and Connection of Electronic Scoreboards at the Wanneroo Showgrounds and Kingsway Regional Sporting Complex.

4.       NOTES that Administration will seek reimbursement, where appropriate, from the Wanneroo Amateur Football Club and the Kingsway Football Clubs’ Federal Government Stronger Communities Program grants for the costs incurred by the City of Wanneroo relating to the installation of the scoreboard frame and power connection at the Wanneroo Showgrounds and Kingsway Regional Sporting Complex.

 

 

Attachments:

1.

Electronic Scoreboard Locations - Wanneroo Showgrounds and Kingsway Regional Sporting Complex

17/397734

 

2.

Wanneroo Showgrounds Electronic Scoreboard - Approved Supporting Structure Design

17/397801

 

3.

Kingsway Regional Sporting Complex (AFL Ground) - Approved Supporting Structure Design

17/397743

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     130

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         131

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         132

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         133

 

Community Services

CP02-12/17       Amendments to City's Fees and Charges Schedule for HACC Services

File Ref:                                              26263 – 17/381244

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider amendments to the existing Fees and Charges Schedule adopted by Council in June 2017.

Background

On 1 July 2017, the State Department of Health (responsible for the administration of the Home and Community Care Program), reviewed their WA Standard Fees Schedule for all HACC service providers with no changes. These charges, along with the guidelines in the HACC Fees Policy, ensure that the fee paying process is fair and equitable for both customers and HACC service providers. HACC customers are able to apply for a fee waiver or reduction in accordance with guidelines set by the HACC Program.

For the 2017/18 financial year, Council adopted the recommended fees schedule as set by HACC however Administration did not provide a range of fees that could be applied if a client is eligible for a fee reduction or waiver. Administration also did not consider private paying customers receiving HACC services within the City’s Fees and Charges Schedule. This report recommends amendments to the City’s Fees and Charges Schedule to align with what customers are required to pay.

Detail

The HACC program requires all HACC funded service providers to charge fees to HACC customers as per the WA HACC Standard Fees Schedule, however it also states that a client’s financial inability to pay cannot be used as a basis for refusing assistance to people who are assessed as requiring HACC support. The HACC program also allows for private paying customers to access HACC support services on a cost recovery basis and the range of fees which are proposed are stated in (Attachment 1).

 

The City has procedures in place to ensure that all HACC customers pay their fee in accordance with the WA HACC Fee policy and WA HACC Fees Schedule.

 

The City’s fees for private paying customers accessing HACC services are significantly lower than the industry average.  The impact of this is currently being reviewed as part of the transition out of delivering HACC services in order to prepare customers for a potential price increase under a new provider.  Impacted customers are currently undergoing a consultation process as noted below.  The proposed fees for private paying customers are expressed as a range in order for the City to support customers with this change.

Consultation

Customers are aware of their right to apply for a fee reduction or waiver when they are first assessed by the Regional Assessment Service. Once referred to the City of Wanneroo a Community Support Officer visits the potential client and provides all the information regarding the service that has been offered, together with informing them of the fee schedule and the process to be followed if they wish to apply for a fee waiver or reduction. Private paying customers are informed of the City’s full cost recovery process at the time of assessment.

 

Private paying customers paying below the full cost recovery fee are being consulted on a one on one basis to assess their ability to pay and provide them with sufficient notice for any increase in fees aligned to the industry average.  Administration is working closely with the new provider to reduce the impact on customers as much as practicably possible. 

Comment

HACC customers and HACC service providers are required to adhere to the WA HACC Fees Policy and the WA HACC Standard Fees Schedule. Compliance is regularly monitored by the WA Department of Health via a HACC Quality Reporting framework.

Statutory Compliance

The proposed amendments to the 2017/18 Fees and Charges Schedule are required to comply with the WA HACC Fees policy and WA HACC Fees Schedule and the Local Government Act 1995.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.2    Good Governance

4.2.1  Provide transparent and accountable governance and leadership

Risk Management Considerations

Risk Title

Risk Rating

Financial Management

Low

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s Corporate risk register.  Action plans have been developed to mitigate this risk to support existing management systems.

 

An internal audit was undertaken in 2017 in relation to waiver of fees and charges in respect of partnering agreements entered into by the City and external parties.  The audit report was presented to the Audit and Risk Committee on 6 September 2017 and whilst a number of high risk issues were identified, work has been undertaken to resolve these issues including undertaking a comprehensive review of all fee and charges and any waivers, to ensure compliance with the requirements of the Local Government Act.

Policy Implications

Nil

Financial Implications

Fee reductions were taken into consideration when the 2017/18 budget was prepared for adoption by Council.

Voting Requirements

Absolute Majority

 

Recommendation

That Council APPROVES BY ABSOLUTE MAJORITY the amendment to the Fees and Charges Schedule applicable to the delivery of Home and Community Care services in accordance with Attachment 1 that forms part of this report.

 

 

 

Attachments:

1.

Proposed Fees and charges 2017 18

17/389057

Minuted

 

 

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     136

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         137

 

Place Activation

CP03-12/17       Community Funding Program October 2017 Round

File Ref:                                              19964 – 17/377031

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider applications from community groups requesting funding through the City's Community Funding Program October 2017 round for specified projects, activities or events.

Background

The Community Funding Program currently offers two application rounds per year, one in October and one in March.  The October 2017 round represents the first round for the 2017/2018 financial year. Assessment criteria and eligibility requirements are detailed in the City’s Community Funding Policy (Attachment 1).

 

The Community Funding Working Group met on Tuesday 14 November 2017 to review Administration recommendations for the Community Funding Program October 2017 round.  The Community Funding Working Group supported Administration recommendations as follows:

 

“1.     NOTES THE APPROVAL of $9,000.00 to the North Suburbs Men’s Shed via MN02-08/17 for payment of six months’ rent for the period 1 October 2017 to 29 March 2018 for premises at Unit1/C 288 Gnangara Road Landsdale;

 

2.       APPROVES $2,375.00 to the Australia Day Council of Western Australia Inc for a Community Citizenship Forum via Community Development Funding on 17 April 2018 at the Girrawheen Hub, Girrawheen SUBJECT to receipt of written confirmation of financial support by the Office of Multicultural Interests;

 

3.       APPROVES $1,656.00 to Atlantis Productions Incorporated for the Flashback Reunion and Carneval via Community Development Funding at the Yanchep Two Rocks Community Recreation Association 40th Anniversary Family Fun Day, Charnwood Park, Two Rocks on a date yet to be confirmed by the Yanchep Two Rocks Community Recreation Association SUBJECT to receipt of a renewed Certificate of Public Liability Insurance and new event date excluding 10 and 11 March 2018 in consideration of the City’s Retro Rewind Event at Yanchep National Park on 10 March 2018;

 

4.       APPROVES $3,000.00 to the Recreational Trail Bike Riders Association of Western Australia Inc for the Friends of Pinjar Project via Community Development Funding at the Pinjar Off Road Vehicle Area, Nowergup Road from 1 March 2018 to 31 May 2018 SUBJECT to receipt of a satisfactory Risk Management Plan, Certificate of Public Liability Insurance and a City of Wanneroo Event Application approval for the Come and Try Day component of the project;

 

5.       APPROVES $1,760.00 to the Challenge Brass Band for the Autumn Concert at the Wanneroo Community Centre including musical workshops at the Wanneroo Recreation Centre via Community Event Funding from 14 April 2018 to 5 May 2018 SUBJECT to a City of Wanneroo Event Application approval;

 

6.       APPROVES $5,000.00 to the Vietnamese Community in Australia – WA Chapter for the TET New Year 2018 Celebrations at the Wanneroo Showgrounds via Community Event Funding on 23 to 24 February 2018 SUBJECT to receipt of Event-specific Certificate of Public Liability Insurance and City of Wanneroo Event Application approval;

 

7.       APPROVES $8,070.90 to the Yanchep Two Rocks Community Recreation for the Yanchep Two Rocks Community Recreation 40th Anniversary Family Fun Day at Charnwood Park, Two Rocks via Community Event Funding on a date yet to be confirmed SUBJECT to a new event date excluding 10 and 11 March 2018 in consideration of the City’s Retro Rewind Event at Yanchep National Park on 10 March 2018 confirmation of receipt of other income sources (Lotterywest and Developers) and City of Wanneroo Event Application approval;

 

8.       APPROVES $5,000.00 to Nature Play WA for Cubby Town 2 at Yanchep National Park, Yanchep via Community Event Funding on 28 April 2018 SUBJECT to receipt of a renewed Certificate of Public Liability Insurance and a City of Wanneroo Event Application approval;

 

9.       APPROVES $1,900.00 to the Royal Australian Air Force Association (WA Division) Inc for an ANZAC Day Memorial Service and Sausage Sizzle on 25 April 2018 and a Remembrance Day 100th Anniversary Memorial Service and Sausage Sizzle on 11 November 2018 at the Cambrai Memorial Village War Memorial, Merriwa via Hallmark Event Funding SUBJECT to receipt of a renewed Certificate of Public Liability Insurance, a City of Wanneroo Event Application approval and satisfactory acquittal of 2017 Hallmark Event Funding;

 

10.     APPROVES $8,673.00 to the Quinns Rocks RSL Sub Branch for an ANZAC Day Commemorative Service and Gunfire Breakfast on 25 April 2018, a Vietnam Veteran’s Day Service and Lunch on 18 August 2018 and a Remembrance Day Service and Lunch on 11 November 2018 at Tapping Way, Quinns Rocks via Hallmark Event Funding SUBJECT to receipt of a renewed Certificate of Public Liability Insurance, a City of Wanneroo Event Application approval and satisfactory acquittal of 2017 Hallmark Event Funding;

 

11.     APPROVES $3,549.00 to the Yanchep Two Rocks RSL Sub Branch for an ANZAC Day Commemorative Service and Gunfire Breakfast on 25 April 2018, a Vietnam Veterans Day Commemorative Service on 18 August 2018, a Merchant Navy Day Commemorative Service on 3 September 2018, a Battle for Australia Day Commemorative Service on 6 September 2018 and a Remembrance Day Commemorative Service on 11 November 2018 at the Yanchep National Park Memorial and the Yanchep Sport and Social Club, Yanchep via Hallmark Event Funding SUBJECT to receipt of further supporting budget information and documentation, a renewed Certificate of Public Liability Insurance, a City of Wanneroo Event Application approval and satisfactory acquittal of 2017 Hallmark Event Funding; and

 

12.     APPROVES $3,500.00 to the Wanneroo Scout Group for an Australia Day Breakfast in the Park 2018 on 26 January 2018 at the Wanneroo Showgrounds, Wanneroo via Hallmark Event Funding SUBJECT to receipt of further supporting budget information and documentation, a City of Wanneroo Event Application approval and agreement to consult with the City’s Diversity Officer (Aboriginal & CaLD) to ensure the proposed Aboriginal activity is coordinated with cultural integrity.”

Detail

Twelve applications with the following ward distribution were received in the October 2017 round. 

 

Four of the applications received were from first-time Community Funding applicants.

 

The table below provides further information regarding applications received:

 

Ward

Projects

Community

Events

Hallmark Events

Applications from organisations outside of the City

TOTAL

South

2

 

 

1

2

Central

1

2

1

2

4

North Coast

1

2

3

1

6

Delivered outside of the City

 

 

 

0

 

TOTAL

4

4

4

0

12

 

A summary of each application together with Administration recommendations has been attached (Attachment 2)

Consultation

Distribution of community funding information to community groups was undertaken via relevant databases, contact lists and networks. 

 

Potential applicants were invited to discuss their project and event ideas with the Community Funding Officer prior to attending one of the four ward-based Community Funding Information Sessions.  The sessions for this round of funding received minimal interest, with only seven community group representatives attending. 

 

Groups whose project or activity ideas did not satisfactorily meet community funding eligibility criteria, were supported to receive information about other City and non-City funding opportunities as well as resources to enhance future capacity and success. 

Comment

The Community Funding Program October 2017 round was promoted through:

·        Wanneroo Link;

·        What’s Happening;

·        Email notification to Community & Place databases and network groups;

·        City of Wanneroo website and Facebook page;

·        Brochures and flyers displayed at the Wanneroo Library Cultural Centre and across the City’s libraries and community centres.

 

A total of 37 community funding enquiries were received, resulting in 12 submitted applications. A register of enquiries was compiled to capture the scope of ward-specific projects, events and outcomes (Attachment 3).  

Statutory Compliance

Nil

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.1    Healthy and Active People

1.1.1  Create opportunities that encourage community wellbeing and active and healthy lifestyles

1.4     Connected Communities

1.4.1 Connect communities through engagement and involvement.”

Risk Management Considerations

Risk Title         

Risk Rating

Productive Communities

Moderate

Accountability

Action Planning Option

Director Community & Place

Manage

Policy Implications

Administration has assessed the applications against the Community Funding Policy and provided recommendations for each application.

 

There are no significant policy implications impacting the 11 of the 12 applications.

 

It should be noted that Application Number one submitted by the North Suburbs Men’s Shed was approved via MN02-08/17 prior to the October 2017 round of funding opening for applications.  This application does not demonstrate eligibility under Section Two of the Community Funding Policy:

 

·        Deficit funding – for organisations which are experiencing a shortfall in cash or revenue or anticipated revenue.

·        Recurrent expenditure – salaries and wages for permanent or ongoing staff, operational costs such as electricity, water, rates, insurances and items such as computer maintenance, stationery purchased for the operation of the organisation and other overheads.

 

The North Suburbs Men’s Shed has been requested to continue working closely with Administration to achieve specific capacity building and sustainability outcomes during the six-month project period to reduce the reliance on ongoing financial support.

 

The Community Funding Policy Review will be incorporated into a broader review being undertaken of all financial assistance provided to the community that will commence in early 2018.

Financial Implications

It is noted that a total amount of $53,483.90 was requested from 12 community funding applications.  The average request for this funding round was $4,456.99.

 

Following is a breakdown of funding requested in the 12 submitted applications:

 

Category

No. of Applications

% Value

$ Value requested by applicants

A – Community Development Funding

4

30%

$16,031.00

B – Community Event Funding

4

37%

$19,830.90

C – Hallmark Event Funding

4

33%

$17,622.00

TOTAL REQUESTED

12

100%

$53,483.90

 

The value of Administration recommendations in the October 2017 round of Community Funding for consideration by the Community Funding Working Group is $53,483.90. 

 

The Community Funding Program October 2017 round is funded through the 2017/2018 adopted budget for Community Funding.

 

Annual Community Funding Budget 2017/18

$90,000.00

Less 2017/18 expenditure/commitments to-date:

Estimated 2017 Community Celebration Christmas Event (Category D) allocations

 

 

$15,000.00

Balance available for October 2017 round

$75,000.00

Less value of Administration recommendations for October 2017 round

$53,483.90

Balance available for March 2018 round

$21,516.10

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.         APPROVES $2,375.00 to the Australia Day Council of Western Australia Inc for a Community Citizenship Forum via Community Development Funding on 17 April 2018 at the Girrawheen Hub, Girrawheen SUBJECT to receipt of written confirmation of financial support by the Office of Multicultural Interests;

 

2.         APPROVES $1,656.00 to Atlantis Productions Incorporated for the Flashback Reunion and Carnival via Community Development Funding at the Yanchep Two Rocks Community Recreation Association 40th Anniversary Family Fun Day, Charnwood Park, Two Rocks on a date yet to be confirmed by the Yanchep Two Rocks Community Recreation Association SUBJECT to receipt of a renewed Certificate of Public Liability Insurance and new event date excluding 10 and 11 March 2018 in consideration of the City’s Retro Rewind Event at Yanchep National Park on 10 March 2018;

 

3.         APPROVES $3,000.00 to the Recreational Trail Bike Riders Association of Western Australia Inc for the Friends of Pinjar Project via Community Development Funding at the Pinjar Off Road Vehicle Area, Nowergup Road from 1 March 2018 to 31 May 2018 SUBJECT to receipt of a satisfactory Risk Management Plan, Certificate of Public Liability Insurance and a City of Wanneroo Event Application approval for the Come and Try Day component of the project;

 

4.         APPROVES $1,760.00 to the Challenge Brass Band for the Autumn Concert at the Wanneroo Community Centre including musical workshops at the Wanneroo Recreation Centre via Community Event Funding from 14 April 2018 to 5 May 2018 SUBJECT to a City of Wanneroo Event Application approval;

 

5.         APPROVES $5,000.00 to the Vietnamese Community in Australia – WA Chapter for the TET New Year 2018 Celebrations at the Wanneroo Showgrounds via Community Event Funding on 23 to 24 February 2018 SUBJECT to receipt of Event-specific Certificate of Public Liability Insurance and City of Wanneroo Event Application approval;

 

6.         APPROVES $8,070.90 to the Yanchep Two Rocks Community Recreation for the Yanchep Two Rocks Community Recreation 40th Anniversary Family Fun Day at Charnwood Park, Two Rocks via Community Event Funding on a date yet to be confirmed SUBJECT to a new event date excluding 10 and 11 March 2018 in consideration of the City’s Retro Rewind Event at Yanchep National Park on 10 March 2018 confirmation of receipt of other income sources (Lotterywest and Developers) and City of Wanneroo Event Application approval;

 

7.         APPROVES $5,000.00 to Nature Play WA for Cubby Town 2 at Yanchep National Park, Yanchep via Community Event Funding on 28 April 2018 SUBJECT to receipt of a renewed Certificate of Public Liability Insurance and a City of Wanneroo Event Application approval;

 

8.         APPROVES $1,900.00 to the Royal Australian Air Force Association (WA Division) Inc for an ANZAC Day Memorial Service and Sausage Sizzle on 25 April 2018 and a Remembrance Day 100th Anniversary Memorial Service and Sausage Sizzle on 11 November 2018 at the Cambrai Memorial Village War Memorial, Merriwa via Hallmark Event Funding SUBJECT to receipt of a renewed Certificate of Public Liability Insurance, a City of Wanneroo Event Application approval and satisfactory acquittal of 2017 Hallmark Event Funding;

 

9.         APPROVES $8,673.00 to the Quinns Rocks RSL Sub Branch for an ANZAC Day Commemorative Service and Gunfire Breakfast on 25 April 2018, a Vietnam Veteran’s Day Service and Lunch on 18 August 2018 and a Remembrance Day Service and Lunch on 11 November 2018 at Tapping Way, Quinns Rocks via Hallmark Event Funding SUBJECT to receipt of a renewed Certificate of Public Liability Insurance, a City of Wanneroo Event Application approval and satisfactory acquittal of 2017 Hallmark Event Funding;

 

10.       APPROVES $3,549.00 to the Yanchep Two Rocks RSL Sub Branch for an ANZAC Day Commemorative Service and Gunfire Breakfast on 25 April 2018, a Vietnam Veterans Day Commemorative Service on 18 August 2018, a Merchant Navy Day Commemorative Service on 3 September 2018, a Battle for Australia Day Commemorative Service on 6 September 2018 and a Remembrance Day Commemorative Service on 11 November 2018 at the Yanchep National Park Memorial and the Yanchep Sport and Social Club, Yanchep via Hallmark Event Funding SUBJECT to receipt of further supporting budget information and documentation, a renewed Certificate of Public Liability Insurance, a City of Wanneroo Event Application approval and satisfactory acquittal of 2017 Hallmark Event Funding; and

 


 

11.       APPROVES $3,500.00 to the Wanneroo Scout Group for an Australia Day Breakfast in the Park 2018 on 26 January 2018 at the Wanneroo Showgrounds, Wanneroo via Hallmark Event Funding SUBJECT to receipt of further supporting budget information and documentation, a City of Wanneroo Event Application approval and agreement to consult with the City’s Diversity Officer (Aboriginal & CaLD) to ensure the proposed Aboriginal activity is coordinated with cultural integrity.

 

Attachments:

1.

Summary of Applications -  October 2017 round

17/358113

 

2.

Enquiries Register - Community Funding Program October 2017 round

17/376713

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         144

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         181

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         185

 

Corporate Strategy & Performance

Business & Finance

CS01-12/17       Annual Audited Financial Statements for the period ended 30 June 2017

File Ref:                                              1870 – 17/407394

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider the Audit and Risk Committee’s recommendation to Council to adopt the City’s Annual Audited Financial Report (the Report) for the year ended 30 June 2017, audited by the City’s Auditors, Grant Thornton Pty Ltd (Grant Thornton).

Background

In accordance with the Local Government Act 1995 a local government is required to prepare an annual financial report on its operations for the preceding financial year by 30 September and submit the report to its Auditors.

                             

The City submitted its Annual Financial Report to its Auditors, Grant Thornton prior to 30 September 2017 and they have completed their audit and issued the Report for the year ended 30 June 2017.

Detail

The Report is per Attachment 1. Grant Thornton has provided soft clearance to the Report. As part of the City’s audit process, as agreed with Grant Thornton, the Audit and Risk Committee is requested to review the Report and recommend for the Chief Executive Officer (CEO) to sign the “Statement By Chief Executive Officer” (page 2 of Attachment 1), as required by the Local Government (Financial Management) Regulations 1996 Regulation 51. Subsequent to the receipt of a version of the Report that is signed by the CEO, Grant Thornton will issue the Independent Auditor’s Report.

Consultation

The Report was presented to the Audit and Risk Committee held on 22 November 2017, it was resolved that the Committee:

 

“1.     RECOMMENDS the CEO to sign the “Statement by Chief Executive Officer” (page 2 of Attachment 1), as required by the Local Government (Financial Management) Regulations 1996 Regulation 51; and

 

2.       RECOMMENDS that Council ADOPTS the Annual Audited Financial Report for the City of Wanneroo for the year ended 30 June 2017 as detailed in Attachment 1.”

Comment

It should be noted that within the context of the Report, actual results are compared with the original adopted budget and not the revised budget adopted by Council during the year by review. The Budget document is an evolving document that changes throughout the year as circumstances in the City of Wanneroo change. The changes are recognised and recorded through the process of the Budget reviews approved by Council and the updated Budget is referred to as the Revised Budget. A monthly financial activity statement is provided to Council explaining the year to date budget variances using the Revised Budgets as comparison.

The following commentary is provided to highlight the most critical financial information and to acknowledge areas of financial interest, achievement or concern.

1.       Operating Revenue

Operating revenue for 2016/2017 reflects an 8.3% increase over 2015/2016 results. The largest contributor to operating revenue by value is Rates, which accounts for 77% of total operating revenue and grew by 7.3%. Actual Rates exceeded budgeted Rates in 2016/2017 due to additional growth in the City. To provide a visual presentation of the comparative results for each income category, a graph is presented below displaying figures for the previous three years and the Adopted Budget for 2017/18.

2.       Operating Expenses

Operating Expenses for 2016/2017 increased by 8.5% over that recorded for 2015/2016.  With Employee Costs having the largest influence on Operating Expenses, it is noted that this category presented a 4.1% increase over the previous year, due to increases in staffing resources, collective agreement pay rates and entitlements. The second most substantial category is Materials and Contracts which recorded a 17.0% increase over the 2015/2016 results due to an increase in volume and tariffs relating to refuse removal expenses. Additionally there was increased expenditure in Contract Expenses-Other due to increased service levels for parks and street scape maintenance. These increased service levels was a response from customer feedback. To further illustrate the breakdown of Operating Expense categories, the graph below presents the results for each area over the previous three years and the 2017/2018 year’s Adopted Budget.

 

 

 

 

3.       Operating Result from Continued Operations

When considering financial sustainability one of the key measures is the Operating Result from Continued Operations, which is calculated by subtracting Operating Expenses from Operating Revenues. Prior year results have been tabled below.

Financial Year

2014/2015

2015/2016

2016/2017

Operating Result

$ 7,243,005

$ 7,620,194

$ 7,930,444

 

4.       Capital Expenditure

Historically, the City has undertaken significant capital works programs to accommodate the substantial growth occurring within the municipality.

During the 2016/2017 financial year a capital works program equating to $92.4 million was originally budgeted, which was subsequently revised to $80.5 million due mainly to delays in several large infrastructure projects. Net capital expenditure for 2016/2017 amounts to $67.0 million, with significant projects including but not limited to:

·        Wanneroo Civic Centre Extension ($14.0 million),

·        Yanchep District Playing Fields ($4.3 million),

·        Mindarie Surf Life Saving Club ($3.5 million),

·        Connolly Drive Dual Carriageway Construction ($2.9 million), and

·        Yanchep Surf Life Saving Club ($2.7 million).

5.       Rate Setting Statement

To best appreciate the City's overall underlying funding capacity a Rate Setting Statement (Page 9 of Attachment 1) is prepared. This statement collates all operating accounts, capital expenditures, funding transfers and adjustments for non-cash revenues and expenditures, with the resulting bottom line indicating the amount required to be raised from Rates charges. Whilst the Budget will generally reflect a balanced position, in accordance to the City's Financial (Cash Backed) Reserves Management Procedure, any unallocated surplus identified at the end of the year (after allowing for municipal funding toward carry forward capital projects) is transferred to the Strategic Projects/Initiatives Reserve. 

6.       Reserve Balances

To ensure the effective management of municipal funds the City has a number of reserve accounts created for specific purposes. These funds are systematically invested to maximise their use until required, as identified in the Long Term Financial Plan (LTFP). Indicated below are the total balances of Reserves recorded to account for the past three financial years and budgeted balance for 2017/2018 (Note 12 of Attachment 1).

Whilst the 2016/2017 Budget provided for a net outflow from Reserves of $11.9 million to meet operational and capital project funding requirements, an improvement in the end of year operating results and capital expenditure delays resulted in a net inflow to Reserves of $7.9 million. Whilst the total net reserve transfer for 2016/17 presented a $19.8m difference from original budgets the more significant movements are as follows:

Reserve

2016/2017

Net Reserve Transfer

Comment

Actual

Budget

Plant Replacement Reserve

$ 4,405,613

-$ 744,229

Plant replacement delayed

Strategic Projects/ Initiatives Reserve 

$ -3,135,729

$ -10,943,816

Improved result from operations

Yanchep/Two Rocks Coastal Corridor Community Facilities reserve

 

$127,304

-$1,512,723

Capital expenditure delayed

Carry Forward Capital Projects Reserve

$5,524,685

$0

Capital expenditure delayed

Asset Replacement Reserve

$287,407

$2,641,687

Additional replacement requirements

 

 

7.         Ratios

Each year a number of financial ratios are prepared as part of the statements, to help further analyse financial results. The City has maintained positive results across most ratios. However, in 2016/2017 the Current Ratio, the Asset Sustainability Ratio and the Asset Renewal Funding Ratio fell below the benchmark. 

A description of the purpose of each ratio and explanation for variations to benchmark ratios has been provided in the following pages.

Financial Ratios

2014/2015
Actual

2015/2016
Actual

2016/2017
Actual

Benchmark

 

 

 

 

 

Liquidity Ratio

1. Current Ratio

(Current Assets - Restricted Current Assets)

0.85 : 1

0.88 : 1

0.86 : 1

>1 : 1

(Current Liabilities - Liabilities Associated with Restricted Assets)

Debt Ratio

2. Debt Service Cover Ratio

(Operating Surplus before Interest and Depreciation Exp)

21.74 : 1

13.26 : 1

14.86 : 1

>2 : 1

(Principal and Interest Repayments)

Coverage Ratio

3. Own Source Revenue Coverage Ratio

(Own Source Operating Revenue)

1.14 : 1

1.02 : 1

1.00 : 1

>0.4 : 1

(Operating Expense)

Financial Performance Ratio

4. Operating Surplus Ratio

(Operating Revenue - Operating Expense)

0.21 : 1

0.08 : 1

0.09 : 1

>0.01 : 1

(Own Source Operating Revenue)

Asset Management Ratios

5. Asset Consumption Ratio

(Depreciated Replacement Cost of Depreciable Assets)

0.84 : 1

0.73 : 1

0.73 : 1

>0.5 : 1

(Current Replacement Cost of Depreciable Assets)

6. Asset Sustainability Ratio

(Capital Renewal and Replacement Expenditure)

0.31 : 1

0.28 : 1

0.23 : 1

>0.9 : 1

(Depreciation Expense)

7. Asset Renewal Funding Ratio

(NPV of Planned Capital Renewals over 10 years)

0.74 : 1

0.72 : 1

0.74 : 1

>0.75 : 1

(NPV of Required Capital Expenditure over 10 years)

 

Ratio Description (Local Government Operational Guidelines – Number 18)

 

Current Ratio                          This ratio is designed to focus on the liquidity position of a local government that has arisen from past year's transaction.

Debt Service Cover Ratio      This ratio is the measurement of a local government's ability to repay its debt including lease payments; the higher the ratio, the greater the borrowing capacity.

Own Source Revenue Ratio  This ratio is the measurement of a local government's ability to cover its costs through its own revenue efforts.

Operating Surplus Ratio         This ratio is a measure of a local government's ability to cover its operational costs and have revenues available for capital funding or other purposes.

Asset Consumption Ratio      This ratio measures the extent to which depreciable assets have been consumed by comparing their written down value to their replacement cost.

Asset Sustainability Ratio       This ratio indicates whether a local government is replacing or renewing existing non-financial assets at the same rate that its overall asset stock is wearing out.

Asset Renewal Funding         This ratio is a measure of the ability of a local government to fund its projected asset renewal/replacements in the future.

 

Specific Ratio Result Explanations

 

Current Ratio                          Standard has not been met as the Ratio is less than 1:1. This is primarily a result of the restriction of the rate setting unallocated surplus to Strategic Projects/Initiatives Reserve and unspent municipal funds relating to carried forward capital works to a restricted reserve.

Debt Service Cover Ratio      An Advanced Standard has been met as the Ratio is greater than five. However, this ratio does not take into account 'interest only' loans, in circumstances where the Principal is to be repaid in a future year. The City has a separate reserve for the accumulation of funds for the repayment of the $60.78 million loan in 2026.

Own Source Revenue Ratio  An Advanced Standard has been achieved as the Ratio is greater than 90% (0.90).

Operating Surplus Ratio         Standard has been met as the Ratio is greater than 1% (0.01).

Asset Consumption Ratio      The Standard has been met as it exceeds the 50% target.

Asset Sustainability Ratio       This Standard has not been met as the Ratio is less than 90% (0.90). Please see detailed response below.

Asset Renewal Funding         The Standard has not been met as the Ratio is 0.01% below the 75% target. 

 

Asset Sustainability Ratio

The Department of Local Government, Sport and Cultural Industries Asset Management Framework and Guidelines publication provides the following explanation in respect to the Asset Sustainability Ratio (ASR):

"If capital expenditure on renewing or replacing assets is at least equal to depreciation on average over time, then the local government is ensuring the value of its existing stock of physical assets is maintained. If capital expenditure on existing assets is less than depreciation then, unless a local government’s overall asset stock is relatively new, it is likely that it is underspending on renewal or replacement."

A large percentage of the City's assets are in new to very good condition with approximately 85% of the total asset base at or below condition 2 (a rating of ‘0’ represents a new asset and a ‘10’ represents an asset that has failed). Less than 1% of the asset base is at or above condition 8, which represents assets that require intervention.

With the City's current mix of old and new assets and continued high growth, a lower than average ASR is expected, and the current condition of assets and level of renewal expenditure confirms this position. As the stock ages and renewal expenditure incrementally increases the ratio should increase, however continued growth may keep it relatively lower than the industry standard.

Taking a long term outlook, the level of asset stock and renewal demand necessitates the development of strategies to address the future impact and ensure that the City can continue to grow and maintain its assets in a financially sustainable manner. Given that renewal expenditure is lower than the depreciation being charged and that certain years’ experience significant spikes in demand, a specific Asset Renewal Reserve has been established.

 

8.       Governance Expense

When accounting for local government activities, Program categories are also used to assist in the consistent presentation of financial information. This allows readers to compare results between categories and other Councils. The following graph reflects the percentage of expenditure for the Governance Program category at the City of Wanneroo alongside those calculated for neighbouring Councils and the City of Perth.

* Estimated results included due to annual reports not yet released to the public for Joondalup and Swan. All other Councils figures are based on actual results.

Summary

As demonstrated by the financial data available for each of the key indicators above, the 2016/2017 financial results for the City present a strong and sustainable financial position, this recognises the City's focus on effective and efficient financial management. 

Statutory Compliance

Local Government (Financial Management) Regulations 1996 regulation 36 specifies the information that is to be included in the Annual Financial Report.

 

The Local Government (Audit) Regulations 1996 prescribes the following compliance matters in respect to the Audit Report:

 

"10.   Report by auditor

(1)   An auditor’s report is to be forwarded to the persons specified in section 7.9(1) within 30 days of completing the audit.

(2)   The report is to give the auditor’s opinion on —

(a)     the financial position of the local government; and

(b)     the results of the operations of the local government.

 (3)  The report is to include —

       (a)     any material matters that in the opinion of the auditor indicate significant adverse trends in the financial position or the financial management practices of the local government; and

(b)     any matters indicating non‑compliance with Part 6 of the Act, the Local Government (Financial Management) Regulations 1996 or applicable financial controls in any other written law; and

(c)     details of whether information and explanations were obtained by the auditor; and

(d)     a report on the conduct of the audit; and

(e)     the opinion of the auditor as to whether or not the following financial ratios included in the annual financial report are supported by verifiable information and reasonable assumptions-

         (i)       the asset consumption ratio; and

         (ii)      the asset renewal funding ratio.

(4)   Where it is considered by the auditor to be appropriate to do so, the auditor is to prepare a management report to accompany the auditor’s report and to forward a copy of the management report to the persons specified in section 7.9(1) with the auditor’s report."

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.2    Good Governance

4.2.1  Provide transparent and accountable governance and leadership

Risk Management Considerations

Risk Title

Risk Rating

Financial Management

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s Corporate Risk Register.  Action plans have been developed to manage this risk to improve the existing management systems.

Policy Implications

Nil

Financial Implications

As detailed in the Report.

Voting Requirements

Simple Majority

 

 

 

Recommendation

That Council:-

 

1.       ADOPTS the Annual Audited Financial Report for the City of Wanneroo for the year ended 30 June 2017 as detailed in Attachment 1 as recommended by Audit and Risk Committee; and

2.       ADOPTS the Independent Auditor's Report from Grant Thornton as detailed in Attachment 1.

 

 

 

Attachments:

1.

Annual Financial Statements 2016/2017

17/413355

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     194

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         222

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         253

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     258

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         293

CS02-12/17       Financial Activity Statement for the Period Ended 31 October 2017

File Ref:                                              25974 – 17/383692

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

 

Issue

To consider the Financial Activity Statement for the period ended 31 October 2017.

Background

In accordance with Local Government Regulations, the Financial Activity Statement has been prepared in compliance with the following:

 

1.       Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature and type, by program, or by business unit.  For the 2017/18 financial year the statement of financial activity will be presented by nature and type.

 

2.       Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances.  For the 2017/18 financial year 10% and a value greater than $100,000 will be used for the reporting of variances.

Detail

Summary

 

OVERALL SUMMARY OF CURRENT MONTH FINANCIAL FIGURES

 

Result from Operations

 

 

 

 

 

Capital Program

 

 

OVERALL COMMENTS ON YEAR-TO-DATE (YTD) FIGURES

 

Result from Operations

 

 

Capital Program Progress

 

 

Investment Portfolio Performance

 

 

DETAILED ANALYSIS OF STATEMENT OF COMPREHENSIVE INCOME (ATTACHMENT 1)

 

Comments relating to the Statement of Comprehensive Income are provided under the following two sections:

a)      Current month comparison of actuals to budgets, and

b)      Year to date and end of year comparison of actuals to budgets.

 

a)      Current Month Comparison of Actuals to Budgets

The below table highlights the operating performance for the current month and identifies variances of actual to budget for each category of Revenue & Expense. 

 

 

Total Comprehensive Income

An unfavourable variance of -$8.8m was observed in October. The larger contributor of the unfavourable variance was Developer Contributed Assets not being recognised in October. Work is still being undertaken by relevant service units to ascertain values for contributed assets to be included in the financial accounts. Town Planning Scheme income however offset some of the unfavourable variance through a receipt relating to lot 25/26 at Rangeview road being received whilst expectations were that funds would be realised in 2021/22. Town Planning Scheme expenses also closed the month favourably mainly as a result of an accrual reversal from prior months for Cell 9 being recognised.

 

Depreciation resulted in a favourable variance (+$467K) for the month of October. A large number of plant items have reached their minimum written down values and have not been replaced when compared to the Long Term Financial Plan, and as a consequence are not depreciable.  It is noted that the depreciation budget was based on the Long Term Financial Plan.

 

Employee expenses also presented a favourable outcome for October through higher recognition of utilised annual leave resulting in a reduced provision balance. Additionally in October there was a reclassification of contract labour expenses to Materials and Contracts which also contributed to the favourable variance.

 

Operating Revenues

The month of October resulted in a favourable variance for Total Operating Revenue of       +$103K.  Operating Grants, Subsidies and Contributions presented a favourable variance through the receipt of an insurance rebate from the Citys insurance scheme. Interest earnings were also higher than budgeted due to higher interest penalty income from late payments of levied rates. Rates income was however lower than expected due to interim rates activity not achieving budget expectations through subdued property market conditions (As lot sales have declined interim rates have also declined as they are directly related on property sales).  Fees and charges were below budget due to lower attendance as well as facility hire at various recreational complexes in October. 

 

 

 

Operating Expenses

 

The favourable variance for October relates to Employee costs where there has been higher utilisation of annual leave resulting in a reduction to the provision. Additionally in October there was a reclassification of contract labour expenses in Employee costs moved to Materials and Contracts (Other contract expenses are classified under Materials and Contracts). These expenses relate to Home and Community Care Programs. 

 

Materials and Contracts resulted in a positive variance through lower postage expenses relating to rates notices being lower in volume for October than anticipated. General material expenses were also lower than anticipated for October however these expenses cover a large amount of service units.

 

Depreciation expenses also resulted in a favourable variance for October (+$467K). A large number of plant items have reached their minimum written down values and have not been replaced when compared to the Long Term Financial Plan. A larger portion of infrastructure assets than forecast are not depreciable when also compared with the Long Term Financial Plan. It is noted that the depreciation budget was based on the Long Term Financial Plan.

 

 

 

 

 

 

 

Other Revenue & Expenses

 

October resulted in an unfavourable variance of -$10.0m.  The main contributor was Developer Contributed Assets (-$12.5m) where no recognition of assets was established in October. Further discussions are taking place between relevant service units to ascertain information required to provide reasonable quarterly estimates on the contributed assets. An outcome is expected to be finalised in December. Town Planning Scheme revenues offset some of the unfavourable variance through the recognition of income relating to lot 25/26 at Rangeview Road being received however not anticipated to be recognised until 2021/22. Town Planning Scheme expenses also contributed to the variance offset through the reversal of an accrual relating to prior periods being processed in October and resulting in a favourable balance.

 

b)      Year to Date and End of Year Comparison of Actuals to Budgets

 

 

Details for the variances are outlined below.

 

Operating Revenues

 

Operating Grants, Subsidies and Contributions (Actual $4.4m, Revised Budget $3.6m)

 

The positive variance to October relates to an unbudgeted grant from the Department of Local Government for job creation and community support services at the newly established Girrawheen Hub. Additionally the first instalment for the 2017/18 Financial Assistance Grant from the State Government was higher than budgeted. There was also a grant from the Department of Education for school oval maintenance which was received earlier than anticipated.

 

Fees and Charges (Actual $5.5m, Revised Budget $6.3m)

 

The year to October presented an unfavourable variance of -$780K. This is a result of additional bin requests for waste collection from ratepayers yet to meet budget expectations, a reduction in recreation facility membership income due to market competition affecting uptake, reduced green waste resale demand, lower building application licence permit activity than anticipated and lower seasonal facility booking fee income for sport and recreational venues.

 

Operating Expenses

 

Materials and Contracts (Actual $15.3m, Revised Budget $19.7m)

 

The majority of the favourable variance to October relates to lower contract expenses in Parks Maintenance and Assets Maintenance. The contract expenses in these areas have been budgeted on an assumption of equal expenditure throughout the year however seasonal weather changes have resulted in the reduction of maintenance requirements to October. Whilst a majority of these costs are attributable to Parks and Assets maintenance it is noted that these expenditures are attributed to a large number of service units.

 

In engineering maintenance there are a number of seasonal work programmes about to commence such as the road patching programme and beach cleaning activities. In addition, a number of drainage preventative maintenance programmes are behind the originally planned schedule due to weather considerations and delaying the commencement of works to account for more suitable conditions. 

 

Within building maintenance  a number of programmes/contracts which are yet to take place including pest control, electrical compliance testing and asbestos inspections. There is also a number of new buildings and leased sites which will become the City’s responsibility later in the financial year.

 

Within Parks and Conservation Management the underspend is primarily related to the timing of weed control throughout the year that is based on post fire weed control and programmed seasonal weed control schedules. Additionally the underspend is also related to works not yet commenced in the areas of streetscape and tree watering contracted works, ongoing turf renovations, Irrigation maintenance/repairs, weed mitigation control and beach cleaning/sand renourishment.

 

Refuse removal expenses were also lower than budgeted due to a late invoice relating to Mindarie Regional Council tip fees being receipted however not captured within the system for October.

 

Consulting fee expenses were also lower than budgeted to October reflecting requirements lower than anticipated.

 

Depreciation (Actual $13.0m, Revised Budget $15.0m)

 

Depreciation presented a favourable variance to October (+$2.0m). This is a result of the asset system being rolled over with new revaluations recorded. It is noted that a large number of plant items have reached their written down value and have not been replaced, A greater portion of infrastructure assets are not depreciable than originally forecast with the Long Term Financial Plan. Depreciation budgets will be reassessed during the mid-year review process to align budgets with new asset values more accurately.

 

Insurance Expenses (Actual $0.4m, Revised Budget $0.6m)

 

The favourable result for October is due to annual premiums being lower than budgeted.

 

Other Revenue & Expenses

 

Non-Operating Grants, Subsidies and Contributions (Actual $2.9m, Revised Budget $5.2m)

The unfavourable variance is related to expected grants yet to be received. The majority of receipts are awarded on progress of capital works projects. 

 

Contributed Physical Assets (Actual $0.0m, Revised Budget $25.0m)

The year to October resulted in an adverse variance due to no recognition of contributed assets from developers. Further discussions are taking place between relevant service units to ascertain information required to provide reasonable quarterly estimates on the contributed assets. An outcome is expected to be finalised in December.

 

Profit / Loss on Asset Disposals (Actual $0.7m, Revised Budget $0.0m)

 

The favourable variance is a result of Tamala Park Regional Council land sale accruals being recorded while budget expectations were to receive the sale revenue in December.  As the timing of asset disposals cannot be reliably estimated results to budgets can be subject to variations.

 

Town Planning Scheme (TPS) Revenues (Actual $12.7m, Revised Budget $4.2m)

Town Planning Schemes had a positive variance to October due to revenue relating to development at Nicholson Road and East Road not expected to be received this financial year. Income related to lots 25/26 at Rangeview Road being recognised however not budgeted until 2021/22. Finally there were contributions deferred by deed relating to Cell 9 however were repaid earlier than expected.

 

Town Planning Scheme (TPS) Expenses (Actual $8.4m, Revised Budget $1.3m)

The adverse variance to October largely relates to the 22 East Road development which was originally budgeted for 2016/17 however applications were received late leading to expenditure being recognised in the current financial year.

 

STATEMENT OF FINANCIAL POSITION (Attachment 2)

 

 

 

Net Current Assets

When compared to the opening position Net Current Assets have increased by $114.6m which largely reflects the timing of Rates receipts for 2017/18.

Current Receivables are mainly comprised of collectable Rates income ($68.7m).  The majority of the remaining current receivables relates to Sundry Debtor accounts ($5.1m) and Emergency Services Levy collections ($2.4m).

Non-Current Assets

Year to date Non-Current Assets have increased by $2.1m from 2016/17 estimates. The movement is mainly the recognition of capital related works in progress being offset by recognition of depreciation to October.

Non-Current receivables largely relate to Deferred Pensioner Rebates; being funds that cannot be collected until the Pensioner ceases to reside at the rateable property.

Non-Current Liabilities

Year to date Non-Current Liabilities have increased by $2.7m which is attributed to a draw down on the new loan facility for the Yanchep DCP.  The existing loan with the Western Australia Treasury Corporation remains unchanged and when combined with the new loan make up 98% of total Non-Current Liabilities.

 

FINANCIAL PERFORMANCE INDICATORS

 

The table below present’s data on relevant financial ratios, comparing the minimum standard expected as per the Department of Local Government, Sport & Cultural Industries status at the beginning of the financial year, and year to date figures.  An explanation of the purpose of each ratio is also provided together with commentary where a ratio does not meet the minimum standard (highlighted in Red).  A green highlight is used where the minimum standard is met or exceeded.

 

 

CAPITAL PROGRAM

 

The current status of the Capital Program is summarised below by Sub-Program category.

 

 

As at 31 October 2017, the City has expended $4.3m (35%) of the $12.4m adjusted carry forward budget from 2016/2017.

 

Key carry forward projects to be progressed in 2017/2018 to eliminate the carry forward balance include:  

·    Domestic Waste Vehicle Replacement  – $1.4m

·    Light Vehicle Replacement Program – $621K

·    Motivation Drive, Wangara: Lot 9005 contaminated sites investigation/remediation – $593K

·    Pinjar Park Old Yanchep Road, contaminated sites investigation/remediation – $562K

·    Develop Industrial Estate, Neerabup – $415K

 

Actual expenditure of the projects within the full adopted capital works program equates to 17%, being $14.7 million, of the revised $85.1m budget as at 31 October 2017. Currently the City has $ 20.7m committed expenditure and is finalising a further $ 11.7m of tender contract documentation before calendar year end.

 

During the calendar month of October, $4.9m of works were expended. Significant capital works undertaken in October included:

·    $556K Civic Centre extension with $5m committed to be expended,

·    $545K Road Resurfacing Program with $1.7m committed to be expended,

·    $468K Yanchep Surf Life Saving Club with $479K committed to be expended,

·    $420K Roads Rehabilitation - Buckingham Dr, Wangara,

·    $369K Roads Rehabilitation - Hartman Dr, Wangara Software, and

·    $354K Upgrade Mirrabooka Ave, Darch/Landsdale with $1.2m committed to be expended.         

 

Other significant commitments in the capital works program include:

·    $2.5m – Banksia Grove Sports Ground, Banksia Grove, and

·    $994K - Mary Lindsay Homestead Building, Yanchep.   

 

To further expand on the Capital Works Program information above, key capital projects are selected to be specifically reported on, which are itemised in the Top Capital Projects attachment to this report (Attachment 3).

 

INVESTMENT PORTFOLIO (Attachment 4)

 

In accordance with the Local Government (Financial Management) Regulations 1996 (and per the City’s Investment Policy), the City only invests in the following highly secured investments in Australian currency:

1.       Deposits with authorised deposit taking institutions and the Western Australian Treasury Corporation for a term not exceeding 12 months;

 

2.       Bonds that are guaranteed by the Commonwealth Government or a State or Territory for a term not exceeding three years.

 

 

As at the current month end, the City holds an investment portfolio (cash & cash equivalents) of $411.5m (Face Value), equating to $415.7m inclusive of accrued interest.  The City’s year to date investment portfolio return has exceeded the Bank Bill index benchmark by 0.89% pa (2.65% pa vs. 1.76% pa), however it is noted that Interest Earnings were budgeted at a 2.75% yield.

All investments undertaken have been to provide the City with the most effective return whilst also adhering to the internal investment policy.

 

RATE SETTING STATEMENT (Attachment 5)

 

The Rate Setting Statement represents a composite view of the finances of the City, identifying the movement in the Surplus/(Deficit) based on the Revenues (excluding Rates), Expenses, Capital Works and Funding Movements, resulting in the Rating Income required.  It is noted that the closing Surplus/(Deficit) will balance to the reconciliation of Net Current Assets Surplus/(Deficit) Carried Forward (detailed below).

 

Consultation

This document has been prepared in consultation with Responsible Officers for review and analysis.

Comment

The budget figures within this report incorporate approved budget amendments.

 

As per item 2 in Background, comments on material variances have been provided.

 

In reference to tables provided in the report, the following colours have been used to categorise three levels of variance:

 

·        Green >+10%,

·        Orange <+/-10%, and

·        Red >-10%.

Statutory Compliance

This monthly financial report complies with Section 6.4 of the Local Government Act 1995 and Regulations 33A and 34 of the Local Government (Financial Management) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.2    Good Governance

4.2.2  Provide responsible resource and planning management which recognises our significant future growth

Risk Management Considerations

Risk Title

Risk Rating

Financial Management

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s corporate risk register.  Action plans have been developed to manage this risk to improve the existing management systems.

Policy Implications

·        Accounting Policy

·        Strategic Budget Policy

·        Investment Policy

 

Financial Implications

 

As outlined above and detailed in Attachments 1 – 5

Voting Requirement

Simple Majority

 

 

 

 

 

 

 

 

 

 

 

 

Recommendation

That Council RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 31 October 2017, consisting of:

1.       October 2017 YTD Actuals;

2.       October 2017 YTD Statement of Financial Position and Net Current Assets; and

3.       October 2017 YTD Material Financial Variance Notes

 

Attachments:

1.

October 2017 Statement of Comprehensive Income

17/388057

Minuted

2.

October 2017 Statement of Financial Position

17/388059

Minuted

3.

Top Projects 2017-18 - October 2017

16/151914[v20]

Minuted

4.

October 2017 Rate Setting Statement

17/388061

Minuted

5.

October 2017 Investment Report

17/388078

Minuted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         310


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     311


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         312


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         314


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         316


 


 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         319

 

Strategic & Business Planning

CS03-12/17       Annual Report 2016/17

File Ref:                                              29932 – 17/407597

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider the unbranded City of Wanneroo Annual Report 2016/17.

Background

The development of an Annual Report is a requirement of the Local Government Act 1995 (the Act). Section 5.53(1) of the Act requires local governments to develop and publish an annual report for each financial year with the required content of the annual report specified in section 5.53(2) of the Act.

Detail

The Annual Report 2016/17 outlines the progress made on delivering the strategic objectives as set out in the City’s Strategic Community Plan 2013-2023.  Detail is provided on achievements and performance against the 2016/17 commitments of the Corporate Business Plan 2016/2017 – 2019/20. 

 

The content and structure of the Annual Report incorporates the learnings and formal feedback received from the Australasian Reporting Awards adjudicator. The exception to this is the detailed Elected Member profiles which have been excluded as these were not readily available. It is worth noting that this was identified by the ARA adjudicator as an important aspect for inclusion, and this will be further developed for the next Annual Report.

 

The Audited Financial Statements and the Audit Report of the Financial Statements are listed as separate items for Council consideration at this meeting. Please note that in the branded version of the Annual Report that will be submitted to the AGM on 30 January 2018, these two items will be incorporated into the Report. 

Consultation

In preparing the Annual Report, consultation has occurred with Elected Members and a broad range of the Administration including the Executive Leadership Team.

Comment

The ARA provides an opportunity for the City to benchmark its report against the ARA criteria, with the purpose being to improve the standards and quality of financial and business reporting. The Annual Report 2016/17 will again be entered into the Australasian Reporting Awards (ARA).

Statutory Compliance

Section 5.55 of the Act requires that Council give local public notice of the availability of the Annual Report once adopted by Council.  This will be carried out via advertisements in newspapers, the City's website and notices placed on Council’s Public Notice Boards.

 

Section 5.27 of the Act states that a General Meeting of the Electors (AGM) is to be held once every financial year and not more than 56 days after the local government accepts the Annual Report.

 

The AGM is scheduled to be held on 30 January 2018, 56 days after Council adoption; this will ensure that the Annual Report complies with section 5.27 of the Act which requires the report to be submitted to an AGM within 56 days.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.2    Good Governance

4.2.1  Provide transparent and accountable governance and leadership

Risk Management Considerations

Risk Title

Risk Rating

Strategic Community Plan

Low

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

 

Risk Title

Risk Rating

Integrated Planning and Reporting

Low

Accountability

Action Planning Option

Executive Leadership Team

Manage

 

Risk Title

Risk Rating

Financial Management

Moderate

Accountability

Action Planning Option

Executive Leadership Team

Manage

 

The above risks relating to the issue contained within this report have been identified and considered within the City’s Strategic and Corporate risk registers respectively.  Action plans have been developed to manage these risks and to support existing management systems.

Policy Implications

Nil

Financial Implications

The cost of developing the Annual Report will be met through the City’s operating budget.

Voting Requirements

Absolute Majority

 

Recommendation

That Council BY ABSOLUTE MAJORITY ACCEPTS the unbranded City of Wanneroo Annual Report 2016/17 as shown in Attachment 1, in accordance with Clause 5.54(1) of the Local Government Act 1995.

 

 

Attachments:

1.

Draft Annual Report 2016/17 (Separate to Agenda)

17/389468

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     321

Attachment 1 – The Draft Annual Report

 

 

This attachment will be available under separate printed cover.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Administration Use Only

 

Attachment 1 – HPE 17/348676

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         322

 

Transactional Finance

CS04-12/17       Petition PT01-09/17 - Settlers Ridgewood Rise Lifestyle Village Differential Rating

File Ref:                                              2095V03 – 17/394446

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider a petition PT01-09/17 requesting the City to apply a differential rate other than Residential Improved to the Settlers Ridgewood Rise Lifestyle Village.

Background

The Council received petition PT01-09/17 at its meeting on 21 September 2017. The petition has 315 signatures and reads as follows:

“This petition is prepared by the Residents Association of the Settlers Ridgewood Rise Lifestyle Village to support the request to make a formal presentation to the Wanneroo Shire Council for a Differential Rate to be applied to the above Village.  We believe that the present rates are inconsistent with those applied to the Ridgewood suburb where the residents have many services provided for which the village has to organise and pay for themselves, also the many “lifestyle villages” masquerading under the Caravan and Park Homes nomenclature where they have facilities consistent with our village but receive a much reduced rate.  Add to them the “not for profit villages in the Wanneroo Shire” and those not yet allocated a rental value suggest we are amongst the few villages in the Wanneroo Shire who are supporting the other types of village.

This petition is also forwarded to the Valuer General’s Office as they state that the Shire has the ability to establish a Differential Rate whereas the Shire indicates that that it is up to the VG to establish a differing GRV, we request therefore that the Valuer General establishes the correct procedure between them and the Wanneroo Shire Council.”

The City considered this matter in depth as part of the Rating Strategy Review Committee in 2015/16.  As the lifestyle village is used for a residential purpose it was determined that the differential rating category of Residential Improved was the correct differential rating category to be applied to the Settlers Ridgewood Rise Lifestyle Village.

Detail

During 2015/16 the Elected Member Rating Strategy Review Committee met on three occasions to discuss options for an appropriate rating strategy model.  During each meeting the rating of Lifestyle Villages was discussed with it being concluded that there was no Object and Reason to establish a differential rating category for this type of accommodation.  This position was endorsed by Council at its meeting on the 5 April 2016 (CS02-04/16) where amongst a number of other recommendations it was noted that Council:

 

ADOPTS differential rating based on use of the land with the differential rating categories being:

 

 

Gross Rental Value      

·        Residential Improved

·        Residential Vacant

·        Commercial & Industrial Improved

·        Commercial & Industrial Vacant

 

Unimproved Value

·        Residential Improved

·        Residential Vacant

·        Commercial & Industrial Improved

·        Commercial & Industrial Vacant

·        Rural & Mining Improved

·        Rural & Mining Vacant

 

In forming this position Council via the Rating Strategy Review Committee, considered the additional costs that a Lifestyle Village would incur and from this costed the maintenance of the internal infrastructure.  This costing included the provision of street sweeping, drainage gully cleaning/jetting, street lighting energy bill, repairs to signs/potholes/kerbs/footpaths plus materials.  The cost per unit was calculated as $45.04 pa which averaged 3.75% of the rate bill or a rate in the dollar of 0.002811.  The repair of street lighting is the responsibility of Synergy, therefore is not a City of Wanneroo cost and was not been included in this costing.

 

The Settlers Ridgewood Rise Lifestyle Village petition states they are one of the few villages in the City of Wanneroo who are supporting the other types of villages.  It should be noted that all ratepayers of the City of Wanneroo are subsidising those properties that do not pay rates as they are rate exempt under Section 6.26 of the Local Government Act 1995.  It is not just the lifestyle villages that are rated that are subsidising the other villages that are rate exempt.

 

The City of Wanneroo currently rates the following Lifestyle Villages:

 

Address of Lifestyle Village

No.of Units

Construction Type

2017/18 Rates Levied

1140 Wanneroo Road, Ashby

316

Fibro Demountable Park Homes

$160,990

48 Ashley Road, Tapping

230

Fibro Demountable Park Homes

$112,294

76 Ridgewood Boulevard, Ridgewood

241

Brick and Tile

$303,578

33 Drovers Place, Wanneroo

  63

Brick and Tile

$  79,200

289 Sydney Road, Gnangara

109

Fibro Demountable Park Homes

$  49,078

 

As a reference, it is worth noting that under Section 6.26 the City is required to grant rate exemptions to five Lifestyle Villages, these Villages comprise nursing homes and independent living units and they are legally considered to be land used exclusively for charitable purposes. However in the present circumstances, the Settlers Ridgewood Rise Lifestyle Village in discussion is a privately owned property.

 

Prior to 19 August 2005, when the State Administration Tribunal (SAT) decision of the Uniting Church Homes (Inc) VS City of Stirling was delivered the City of Wanneroo had an agreement with Brightwater Care Group and the two RAAFA villages in Merriwa to rate the independent living units however give a rates write-off to the rates applicable to the Nursing Home component.   After the SAT decision these organisations wrote to the City requesting a rate exemption based on the SAT decision.  Legal opinion obtained at that time resulted in the City having to grant a rate exemption on the entire property.

 

The other two Lifestyle Villages that the City has to grant a rate exemption for are:

 

·    Shire of Wanneroo Aged Persons Home Trust, 55 Belgrade Road, Wanneroo – non rateable by way of Governor’s Declaration published on page 430 of the Government Gazette 4 February 1983.

·    The Bethanie Group Inc., 629 Two Rocks Road, Yanchep – constructed after the SAT hearing decision so has not been rated as it is rate exempt.  The independent living units for this Lifestyle Village are being built in stages and only 32 units are complete at this stage. 

 

The total loss of rate revenue relevant for the independent living units that are rate exempt totals $1,092,766 for the 2017/18 financial year.

 

Address of Lifestyle Village

No. of Units

Construction Type

2017/18 Rates Equivalent not levied

19 Hughie Edwards Drive, Merriwa

243

Brick and Tile

$255,496

85 Hester Avenue, Merriwa

274

Brick and Tile

$339,813

141 Kingsway, Madeley

169

Brick and Tile

$254,902

55 Belgrade Road, Wanneroo

192

Brick and Tile

$195,528

629 Two Rocks Road, Yanchep

  32

Brick and Tile

$  47,027

 

The residents of the Village are not deemed to be the ‘owners’ of the land as defined under the Local Government Act 1995.  The rates are to be levied on the owners of the land and in the case of the Village the residents are not the owners.  The residents have entered into agreements with the owner of the land under the Retirement Villages Act 1992.

 

Under the provisions of the Local Government Act 1995 the City is unable to individually rate each unit in the Village and therefore cannot apply a minimum rate to each unit.  The Village has to be rated as a whole. The Valuer General’s Office supplies the City with the Gross Rental Value applicable to the Village in its entirety.  This is the valuation that will be applied to the property at the State Administration Tribunal if an objection is lodged.

With regard to the reference to the Valuer General’s Office the process is that the City determines the differential rating categories and the Valuer General’s Office supplies the City with the Gross Rental Valuation for each unit and nursing home in the relevant Villages.  This Gross Rental Valuation is then multiplied by the relevant differential rating category rate in the dollar, being Residential Improved, to ascertain the rates for the rating year.  The City does not have any input in determining the Gross Rental Valuation, this is the purview of the Valuer General’s Office.

Lifestyle Villages and Retirement Villages

Enquiries have been made with the Seniors Housing Centre, Department of Commerce regarding the payment of rates by residents of lifestyle villages or retirement villages.  Detailed below is the outcome of the query:

·        There are two types of 'villages' catering to the over 45s / 50s depending on the scenario: i) lifestyle villages or ii) retirement villages.

·        The legislation that governs Lifestyle Villages is Retirement Villages Act (RVA) 1992 and Retirement Villages Regulations 1992.  The residents of a Lifestyle Village would enter into a lease arrangement with the owner of the property.

·        Three types of fees and charges are usually charged/levied by the owner of the retirement village:

o   In-going/entry payment called 'premium';

o   Recurrent charges that cover the operating costs and expenses of the village; and

o   Departure/exit fees and charges.

·        It is noted that there is no specific mention of rates in the RVA or Regulations.  The charging of rates forms part of the rent charged.  Rent falls under the definition of 'recurrent charges' in the RVA as any amount payable by a resident to the administering body of a retirement village on a recurrent basis.  

·        Recurrent charges are particular to each village depending on its business model/structure.  These charges are not regulated.

·        Retirement villages work on a 'cost recovery basis' and if rates are charged, it will be disclosed in the retirement village's budget and the rates will be apportioned in accordance with the number of residents in the village.

·        Flowing from this explanation it goes to reason that if the City offers a reduction in council rates to a retirement village, that reduction would be passed on – based on the cost recovery rationale.

·        Since rent is not regulated the City would not be bound or expected to ensure that the reduction offered will be passed on to the residents.

The onus lies with the residents of the retirement village to ensure that they only pay what is just and fair and be guided by the Fair Trading (Retirement Villages Code) Regulations 2015.

There appears to be a misunderstanding that the City receives more rate revenue as a result of the capping of the pension and seniors rebate.

The State Government capped the pension rebate effective from 1 July 2016 and the seniors rebate effective from 1 July 2017.  The amount of the rebate is not paid by the City.  The rebate is paid by the State Government.  The City levies the rates on the account, deducts the State Government Rebate and then issues the rates notice for the balance.  Once payment has been made, the City claims the rebate amount from the State Government to pay the balance on the rate account.  To ensure the residents of Settlers Ridgewood Rise obtained the maximum rebate the City arranged with the Valuer General to individually assess each villa.

An example of the effect of the seniors rebate capping on the rates is detailed in the table below:

Year

Rates Council Receives

State Government Seniors Capping

Amount

Ratepayer

Has to Pay

2016/17

$1,100.00

$288.70

$   811.30

2017/18

$1,100.00

$100.00

$1,000.00

Consultation

No consultation required.

Comment

When determining the differential rating categories the City is required to provide an Object and Reason for each differential rating category.  These Objects and Reasons form part of the Annual Budget and are scrutinised by the Department of Local Government, Sport and Cultural Industries (DLGSCI) to ensure that the Principles of imposing differential rating have been adhered to.  The Department takes this issue seriously and has made this known to the City on a number of occasions.

 

If the DLGSCI determines that these Objects and Reasons to do not comply with legislation then the matter will be forwarded to the State Administration Tribunal (SAT) where potentially the rates and services charges could be declared unlawful.  Should this prove to be the case the City will have to reverse all rates and service charges levied and then impose new rates and services charges as directed by SAT.

 

A differential rating category can be imposed for Lifestyle Villages.  However, as the City differential rates on the use of land, then an Object and Reason will need to be provided as to why the differential rating category is different from other residential improved rating.  Residents of Lifestyle Villages receive the same level of works and services provided as other residential ratepayers of the City.  These include:-

·        Collection and Disposal of Residential Refuse

·        Roads

·        Street Lighting

·        Parks and Gardens

·        Libraries

·        Aged Care

·        Dog and Other Animal Control

·        Emergency Services Support

·        Bush Fire Control

·        Recreational Facilities

·        Storm Water Drainage

·        Assistance to Community Groups

 

Research undertaken with other local government authorities in Western Australia (WA) to investigate their approach to rating of lifestyle villages, did not highlight any different rating approaches.  The City has previously carried out this research in October 2014.  Further research was performed on 22 April 2015.  This research has been performed by obtaining a listing of the lifestyle villages in WA and then checking the budget document from each WA Council concerned. 

 

It is noted that 22 WA Councils, as indicated below, have lifestyle villages within their boundaries and that all 22 WA Councils rate the lifestyle villages under Residential Improved and do not have a separate rating category for any of the lifestyle villages:

 

City of Joondalup

City of Mandurah

City of Stirling

City of Armadale

City of Melville

City of Swan

City of Canning

City of Gosnells

Shire of Mundaring

City of Rockingham

City of Cockburn

City of Bunbury

City of Albany

Shire of Kalamunda

City of Perth

City of Belmont

City of Vincent

City of Bayswater

Town of Cambridge

City of South Perth

Town of Victoria Park

Town of Bassendean

 

Given this situation, the Rating Strategy Review Committee concluded there would be difficulty in providing an Object and Reason behind a differential rating category of Lifestyle Village as the City would need to demonstrate what level of service other residential properties were receiving that the residents of Lifestyle Villages do not receive.

 

The Object and Reason for 2017/18 Residential Improved states:

 

“The rate in the dollar and minimum rate have been set on the basis that ratepayers make a reasonable contribution to the cost of local government services and facilities available to residents. Residential Improved properties receive a greater level of services than those in the Commercial/Industrial and Rural & Mining categories. eg. Rubbish removal service.

 

The lesser minimum for strata titled caravan parks is set recognising the unique purpose of these properties while still ensuring a reasonable contribution to the cost of local government services and facilities available to residents.”

 

Information extracted from the Department of Local Government, Sport and Cultural Industries Rating Policy – Differential Rates (Section 6.33 of the Local Government Act) (Attachment 1 refers).  Of particular note the Department states that in applying differential rating:

 

·    It is expected that those bearing a higher rate burden through the imposition of differential rating “…are receiving greater benefits from council activities”; and

·    In terms of fairness and equity a differential rate must be justified in terms of “…what benefits are this group of ratepayers receiving in excess of other ratepayers”; and

·    In terms of consistency, are other properties used for similar purposes rated in the same way.

Statutory Compliance

Legislative Framework

Part 6, Division 6 of the Local Government Act 1995 (the Act) and Part 5 of the Local Government (Financial Management) Regulations 1996 provides the head of power for the levying of local government rates.  The legislation is prescriptive in its application, with the following aspects of note:

·        Except as provided for in Section 6.26, all land within a district is rateable land (S6.26);

·        In order to make up the 'budget deficiency' a local government is to impose a general rate which may be imposed either uniformly or differentially.  A local government may also impose a specified area rate, a minimum rate and a service charge (S6.32);

·        A local government may impose a DGR according to land zoning, land use, whether the land is vacant or not, or a combination of each characteristic (S6.33);

·        No DGR in each category (UV or GRV) is to be more than twice the lowest DGR, unless approved by the Minister (S6.33);

·        The amount shown in the Annual Budget as being the amount estimated to be yielded by the general rate is not to vary by +/- 10% of the budget deficiency, i.e. should essentially be a balanced budget (S6.34);

·        The local government can impose differential minimum rates, however it is not to be applied to more than 50% of the properties with a district or within each category (S6.35);

·        A minimum rate is to be applied separately for each of the following categories (S6.35):

a)      to land rated on Gross Rental Value (GRV);

 

b)      to land rated on Unimproved Value (UV); and

 

c)      to each differential rating category where a differential rate is imposed.

·        If a separate DGR is imposed on the basis of vacant land status, a separate minimum rate can be imposed with the approval of the Minister not in accordance with the 50% requirement (S6.35);

·        A lesser minimum charge can be applied to not more than 50% of the properties on minimum rates (within the district or within each category).

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.3    Progressive Organisation

4.3.2  Ensure excellence in our customer service

Risk Management Considerations

Risk Title

Risk Rating

Long Term Financial Planning

Moderate

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

 

 

Policy Implications

Nil

Financial Implications

The Rating Strategy impacts on the rate distribution model, not overall value of rates income.  However, consideration has to be given to the impact on the Long Term Financial Plan when determining what method of rating is implemented.

Voting Requirements

Simple Majority

 

 

 

 

 

Recommendation

That Council:-

1.       NOTES the differential rating category being applied to 76 Ridgewood Boulevard, Ridgewood is Residential Improved;

2.       DOES NOT SUPPORT the petition requesting the City implement an additional differential rating category for Lifestyle Villages given the previous Council endorsement of the Rating Strategy Review Committee’s conclusions (CS02-04/16) that there was no substantive difference in the services Lifestyle Villages receive over other residences; and

3.       AUTHORISES the Director Corporate Strategy and Performance to advise the petitioners of Council’s decision. 

 

 

Attachments:

1.

DLGC - Differential Rates Policy

16/91235

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     330

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         332

 

Property Services

CS05-12/17       Wanneroo BMX Raceway Club Inc - Proposed New Lease Over Portion of Lot 1100 (176) Mary Street, Pearsall

File Ref:                                              3846 – 17/264577

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider a land lease over portion of Lot 1100 (276) Shiraz Boulevard, Pearsall (formerly 176 Mary Street, Pearsall) to the Wanneroo BMX Raceway Club Inc for a term of five (5) years.

Background

The Wanneroo BMX Raceway Club Inc (the Club) occupies an approximately 1.77ha portion of Lot 1100 (276) Shiraz Boulevard, Pearsall (formerly 176 Mary Street, Pearsall) contained in Certificate of Title Volume 2795 Folio 369 (Attachment 1 refers).  It occupies the site under the month by month holdover provisions of its five (5) year land lease arrangement (called “Extension of Lease”), approved by Council at the appropriate time, which expired 30 June 2017.

 

Lot 1100 is owned freehold by the City and zoned Urban Development under the City’s District Planning Scheme 2.  The Club has operated from this site since 1992 under a combination of consecutive lease and/or extension to lease arrangements.  Due to the freehold status of Lot 1100 and that there is increasing residential activity in the vicinity of the subject site, Administration has over the past few years considered that the occupancy of this site and use as a BMX track is limited and that the land could potentially return better value to the City if it were sold or developed.

 

As part of the investigations on the future use of the site, a working group was formed in September 2009, known as the Wanneroo BMX Raceway Club Relocation Working Group (Working Group) which has met on several occasions with a view to relocate the Club to an alternative site.  Since 2009, the Working Group has engaged consultants on two occasions to identify and investigate suitable alternative sites and costings for co-location opportunities for the Club.

 

In summary, the initial consultant’s report identified three possible alternative sites (Edgar Griffiths Park, Pinjar Park North (the old tip site at 1851 Old Yanchep Road, Pinjar) and 95 Ziatis Road).  After further investigation by the Working Group, these sites were ruled out citing such reasons like the unknown level of contaminants at Pinjar Park North which required a detailed site investigation and any remedial action.

 

To broaden the initial search, a second consultant was engaged to consider land owned by other government agencies and to provide a detailed overview of what it would cost to establish a BMX track and associated facilities (such as a clubhouse).  Whilst potential sites were identified, the costs (ranging from $3.37M to $6.46M) were considered by the Working Group as being cost prohibitive.

Detail

The Working Group met on 26 July 2017 to discuss the second consultant’s report and as part of that discussion, the group discussed the possibility of the Club relocating in the medium to long term to a site (currently owned by the Department of Biodiversity, Conservation and Attractions (DBCA), formerly known as the Department of Parks and Wildlife) immediately adjacent to, and north of Barbagallo Raceway (the Site).

 

The Site is currently subject to discussions between DBCA, the City and the City’s tenant (WA Sporting Car Club Inc) of Barbagallo Raceway (which occupies portion of Crown Reserve 10866 under a lease arrangement) with the long term goal being to amalgamate Crown Reserve 10866 with the land owned by the DBCA.  The aim of the proposed amalgamation, which will be presented in detail to Council in due course, is to provide one large motor sporting venue in the future that will encompass a multitude of sports.  It is envisaged this will include BMX riding and motor racing amongst others which will allow different users, for reasons of economy of scale, to share facilities such as car parks.  This proposal is still in its infancy and will take several years to develop if successful.  Should the proposal progress as anticipated, the funding model to establish multiple users will need to be explored with the likely scenario being that users will source their own funding for individual user requirements through the likes of the Department of Local Government, Sport and Cultural Industries.

 

Current lease consideration

Notwithstanding the discussions taking place with regards to the proposed amalgamation of the Barbagallo Raceway site with other land which are anticipated to take several years, the Working Group, in the interim, supports a new five (5) year land lease to the Club.

 

The Club has requested an increase to its current lease area (Attachment 1 refers) in an effort to accommodate increased levels of parking required due to the growth of the Club and the level of events it holds each year.  This in turn will reduce vehicle parking on the surrounding streets when significant events are held by the Club.  Whilst the City is unable to increase the area to include the whole of Lot 1100, due to substantial increases in ground levels as a result of earthworks undertaken by the City in recent years (which appear not safe for vehicles to drive on), two potential additional areas (Attachment 2 refers) labelled as “Proposed Additional area to BMX” and “Optional area for BMX’s consideration” have been offered to the Club.

 

The Club has considered the two areas as described above and has opted for the increase to its existing parking area, labelled as “Proposed Additional area to BMX” (Attachment 2 refers). It is proposed for safety and insurance reasons to fence the remaining portion of Lot 1100.

 

The following essential terms for a proposed new land lease have been offered (and accepted) to the Club, subject to Council approval, over portion of Lot 1100:-

 

Lease Land:

Portion of Lot 1100 (276) Shiraz Boulevard, Pearsall being an area of approximately 2.03ha (which represents an approximate 2,300m2 increase in lease area)

Term:

Five (5) years

Commencement Date:

On execution of the lease

Expiry Date:

Five (5) years from Commencement Date

Rent:

$1 per annum plus GST

Outgoings (utilities):

Lessee responsibility

Council Rates:

Lessee responsibility

Maintenance:

Lessee responsibility including matters of a structural nature as the proposed lease is a ‘land only’ lease

Insurance:

Lessee responsibility include public liability

Relocation clause

Lessor will include a relocation clause in the lease to the effect that should a site be decided and progressed to where a facility is constructed for use by the Club during the Term, the lease can be terminated early.

 

As the proposed new lease is a “land only” lease, the City is not responsible for the maintenance of such items as air conditioning and plumbing and therefore a maintenance fee does not apply for the subject lease.

Consultation

Administration will consult further with the Club as further developments arise regarding the amalgamation discussions referred to above.

Comment

The Club’s activities and its close proximity to the surrounding residential development precincts could potentially result in a number of inconveniences to local residents such as street parking and noise pollution issues.  At the time of this report, there have been no such issues reported to the City and, with the proposed increase to the lease area as described earlier in this report to accommodate additional parking, it is anticipated there will be no issues with respect to parking going forward.

 

The ongoing occupancy of the Club at this site beyond the term proposed in this report is subject to the outcome of the ongoing discussions relating to the possible amalgamation of Crown Reserve 10866 with the land owned by the DBCA. Administration is hopeful that the land amalgamation will result in one large motor sport precinct being created in the medium to long term with multiple users (including the Club) using the precinct.  The WA Sporting Car Club Inc is supportive of this proposal.

 

Administration considers that a new five (5) year land lease will allow sufficient time for the master planning process to be conducted at the Site.

 

Whilst the current future plan contemplates a possible relocation to the Site, Administration recommends a relocation clause in the proposed new lease which will allow the parties to terminate the lease early should the Site become available earlier than expected or another suitable parcel of land within the 5 year term.

Statutory Compliance

The proposed land lease is considered to be an exempt disposition under regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996, which states:-

 

          “30(2) A disposition of land is an exempt disposition if –

                    (b) the land is disposed of to a body, whether incorporated or not –

(i) the objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;”

 

As an exempt disposition, a local public notice is not required.

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.1    Healthy and Active People

1.1.2  Facilitate opportunities within the City to access peak and elite activities

 

Risk Management Considerations

 

Risk Title

Risk Rating

Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic risk register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

Lease negotiations have been conducted in accordance with the City’s Leasing Policy.

Financial Implications

The proposed land lease will mean the Club will continue to meet all its financial obligations regarding the premises including its requirement to pay Council rates and outgoings as per the Leasing Policy.  Given the proposed lease is a land lease, the Club will continue to maintain the facility including structural items and therefore the City will not be recouping maintenance fees.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES a five (5) year land lease to the Wanneroo BMX Raceway Club Inc over portion of Lot 1100 (276) Shiraz Boulevard, Pearsall as shown on Attachment 2, commencing on date of execution of the lease by the parties; and

2.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a ‘land only’ lease between the City and the Wanneroo BMX Raceway Club Inc in accordance with the City’s Execution of Documents Policy.

 

 

Attachments:

1.

Lot 1100 (176) Mary St Pearsall - BMX site

16/286356

 

2.

Wanneroo BMX - potential additional areas

17/387816

Minuted

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                                                         336


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     337

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         338

CS06-12/17       Revised Leasing Policy

File Ref:                                              6193 – 17/382039

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the revised Leasing Policy (Attachment 1 and 2 refers) for Council adoption.

Background

The existing Leasing Policy was adopted by Council in September 2015 replacing the previous Tenancy Policy from May 2004.  The Leasing Policy outlined seven (7) categories of leasing as follows:

 

Category of Lessee

Method of Dealing

Government

By Negotiation

Commercial

By Negotiation (at Market Value)

Retail

By Negotiation (at Market Value) subject to the Commercial Tenancy (Retail Shops) Agreements Act 1985

Residential/Caravan Parks

 

By Negotiation (at Market Value) subject to the Residential Tenancies Act 1987 and the Residential Park (Long-stay Tenants) Act 2006 & Regulations.

WA Sporting Car Club - Barbagallo Raceway

As per the Lease

Not for Profit Groups

Sporting or Recreational Groups

Full maintenance fees payable and in accordance with Council approval.

Not For Profit Groups

Charity Groups

Maintenance fees discounted at 50% and in accordance with Council approval.

 

The Leasing Policy’s main modification to the previous Tenancy Policy was the requirement for all Not for Profit Groups (NFPGs) to pay a maintenance fee (shaded above).  This was implemented to ensure that maintenance work was undertaken on each property to a safe and high standard at a fee applicable to each NFPGs property.  The prior arrangement under the Tenancy Policy was a peppercorn ($1) rent in exchange for the NFPGs undertaking all property maintenance (excluding structural).  However following a property condition audit and inspection of leased sites it was realised that many NFPGs were not fulfilling this requirement and in turn was creating a liability risk to the City as the landowner.

 

It should be noted that the current Leasing Policy did not take effect until September 2017 (or won’t take effect until each respective lease expires) as minimum of a two year grandfathering arrangement was agreed to ensure those groups impacted in the early stage of the process were able to budget for this perceived new annual fee.

 

All affected NFPGs were consulted before, during and after the Leasing Policy was adopted, as recently as October 2017, with only four groups having further queries or concerns over the course of the two year consultation period.  This is not an unexpected outcome as it should not be an impost on NFPGs as their maintenance responsibility has always existed.

Detail

Since the adoption and clarification of NFPG maintenance obligations in 2015, it has been noted that certain groups were paying rent at a rate that is inconsistent to the nature of their operations and not comparable to other NFPGs.

 

In light of the fact that these groups are substantially different to sporting and recreational groups and groups that are solely made up of volunteers, but also do not fit neatly within the Government category, it has been proposed that the term “NFPGs” be removed and replaced by “Sporting or Recreational Groups” and “Volunteers”.  A further additional category “Charitable / Religious” is now also included in order to capture these specialised groups.  While it is likely these Charitable / Religious groups can provide a rent other than a cost neutral maintenance fee, in recognition of the community benefit they provide a 50% discount is recommended. 

 

Further to this additional category, it has been noted that Government entities are also relatively inconsistent with quantum of rent and the previous guide “By Negotiation” was not clear.  It is proposed a 50% discount starting point is used so that this obligation is consistent. However acknowledging that Child Health Clinics are run by the Department of Health and would be classed as Government, they have been separated as a further category due to the service that they provide and the lack of funding available.

 

The new proposed categories are shown as follows with major changes shaded:

 

Cat.

No.

Tenant Description

Reference

Method of Calculation of Lease Fees

 

Tenant Responsibilities

 

 

 

1.

Government

A group or organisation that is either a Statutory body being a Commonwealth, State or Local Government Authority or Agency, or any other body that is grant funded for the purpose of carrying on the activity in question and that body derives a level of income from such activity.

By Negotiation (Market Valuation discounted by 50%)

Cleaning, consumables, repairs, rates and taxes, maintenance, insurances and all outgoings associated with the facility. 

 

 

2.

 

Charitable/ Religious

A group or organisation that is predominantly grant funded for the purpose of carrying on the activity in question and that body derives a level of income from such activity.

By Negotiation (Market Valuation discounted by 50%)

Cleaning, consumables, repairs, rates and taxes, maintenance, insurances and all outgoings associated with the facility. 

 

 

3.

 

 

Commercial

Being non-exempt dispositions under the Local Government Act 1995.  Where that activity being undertaken is essentially a profit making venture as distinct from fundraising, regardless of whether the body is incorporated or not.

By Negotiation (at Full Market Value)

 

Cleaning, consumables, repairs, rates and taxes, maintenance, insurances and all outgoings associated with the facility.

 

4.

Retail

Being non-exempt dispositions under the Local Government Act 1995.  Where that activity being undertaken is essentially a profit making venture as distinct from fundraising, regardless of whether the body is incorporated or not.

By Negotiation (at Full Market Value) and the Commercial Tenancy (Retail Shops) Agreements Act 1985

Cleaning, consumables, repairs, rates and taxes, maintenance, insurances and all outgoings associated with the facility. 

 

5.

 

Residential

Those tenancy arrangements governed by the Residential Tenancies Act 1987 and / or the Residential Park (Long-stay Tenants) Act 2006 & Regulations.

By Negotiation (at Full Market Value) subject to the Residential Tenancies Act 1987 and the Residential Park (Long-stay Tenants) Act 2006 & Regulations.

Cleaning, consumables, repairs, rates and taxes, maintenance, insurances and all outgoings associated with the facility.

 

 

 

6.

 

 

 

Sporting or Recreational

Being sporting and recreational groups (whether incorporated or not) that would be deemed exempt dispositions under the Local Government Act 1995, excluding Wanneroo Raceway

 

Full maintenance fees payable applicable to that Facility

Cleaning, consumables, rates and taxes, insurances and all outgoings associated with the facility. All maintenance and repairs will be undertaken by the City 

 

 

 

7.

 

Volunteers

Member based not for profit group made up of mostly community representatives and volunteers, (whether incorporated or not) set up to provide help and raise money for those in need and deemed exempt dispositions under the Local Government Act 1995.

 

Maintenance fees discounted by 50%

Cleaning, consumables, rates and taxes, insurances and all outgoings associated with the facility. All maintenance and repairs will be undertaken by the City 

 

8.

Child Health Clinics

Services provided by community child health nurses, employed by WA Health, deemed exempt dispositions under the Local Government Act 1995.

Peppercorn ($1)

Cleaning, consumables, rates and taxes, insurances and all outgoings associated with the facility. All maintenance and repairs will be undertaken by the Department.

 

9.

Other

Wanneroo Raceway Ground Lease

By Negotiation (at Full Market Value)

 

Cleaning, consumables, repairs, rates and taxes, maintenance, insurances and all outgoings associated with the facility including those of a structural nature. 

A full tracked comparison of the 2015 and 2017 policy is shown as Attachment 1.  As an overview, the main alterations include:

Leasing Policy 2015

Leasing Policy 2017

Old template

New template

Categories not numbered

Categories numbered for ease of reference and applied throughout the document

Seven (7) Categories of Leasing

Nine (9) Lease Categories, 2 x Not for Profit Groups (now Sporting/Recreational and Volunteer) and new Charity/Religious Group, plus additional Child Health Clinic category

Government Category “by negotiation” lease fee

Government Category 50% of market valuation lease fee

2 x Not for Profit Group categories “maintenance fee only”. City to undertake maintenance.

Divided into Sporting or Recreational and Volunteer Groups no change to maintenance fee arrangements for these categories.

New Charity/Religious category at 50% of market valuation lease fee (maintenance obligations now undertaken by the group, not the City)

Freehold land not to be used by Not for Profit Groups

All categories can use freehold land if they are willing to pay full market value rent

“Negotiated” lease fee for commercial activity via sublease arrangement

20% of profits from sublease payable to the City

Maintenance fees not reviewed

Maintenance fees reviewed annually and CPI may apply

Delegations not captured

Delegated authority included for leases, licenses and variations where approved by Council.

Minor variation criteria in accordance with delegation 1.13A has been captured.

“Barbagallo Raceway” category

Changed to “Other” category

Further minor formatting and grammatical changes have been included for simplicity and clarification purposes.

Consultation

All relevant teams within Administration including the Executive Leadership Team have been consulted and their input has been captured within the Policy.

 

 

 

 

Comment

 

Should the revised Leasing Policy be endorsed, the Policy will take immediate effect.  Any tenant who wishes to enter into a new lease in respect of a City facility will do so under the revised Leasing Policy (supported by the internal management procedure).

 

It should be noted that any categories that are still operating under an existing lease in accordance with the historical Tenancy Policy, will still be required to meet their previous maintenance obligations to the best of their ability and lease inspections will be managed accordingly.  It is envisioned that after approximately five years, the majority of leases will fall in line with the new Leasing Policy.

 

By adopting the proposed Leasing Policy a clearer and more equitable approach will be realised across all lease categories.

Statutory Compliance

The Leasing Policy compliments existing legislative requirements under 3.58 of the Local Government Act 1995. 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.2    Good Governance

4.2.1  Provide transparent and accountable governance and leadership

Risk Management Considerations

Risk Title

Risk Rating

Relationship Management

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic risk register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

This Policy will supersede the Leasing Policy adopted in 2015 by Council.

Financial Implications

In 2015 the Leasing Policy report to Council outlined a cost for each NFPG (now SRVGs) to total approximately $70,000 in income (offset by maintenance costs) for maintenance fees.  However this fee is only an estimate as the City has not historically undertaken any maintenance or repair work.  By undertaking maintenance and repair work going forward the City will be able to amend fees if required to reflect actual costs incurred should they be too low or too high as per the revised policy.

 

The City may derive an increased income from rent from the new category of Charitable / Religious and various existing Government groups as some previous arrangements have been inconsistent at a peppercorn or highly discounted rate.  Over time as leases are renewed there may be a notable increase in revenue.

 

It is important to note that the City has identified the need to increase non-rate income as a means to provide greater equity and reduce reliance on rates income.  This point was also identified at budget workshops where the City’s fees and charges revenue was only half of the average of comparable councils.  Council has established the Revenue Review Committee to investigate options.

Voting Requirements

Simple Majority

 

Recommendation

That Council APPROVES the revised Leasing Policy as shown as Attachment 2.

 

 

 

Attachments:

1.

COMPARISON 2015 V 2017 LEASING - TRACK CHANGES

17/415456

 

2.

FINAL LEASING POLICY - DRAFT DEC 2017

17/415450

Minuted

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     343

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     355

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         362

CS07-12/17       Strategic Land Policy

File Ref:                                              26688 – 17/411571

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider the adoption of a Strategic Land Policy.

Background

The proposed Strategic Land Policy was most recently discussed at Council Forum held on 27 November 2017.This follows consideration at a Budget workshop (Forum) held on 21 March 2017 which, in turn, contained a more detailed presentation that had previously been reviewed by Administration in July 2016.

Detail

The consideration by Administration and the review at the Budget Workshop resulted in the following objectives which are embodied in the proposed Policy:

·        To create property based income streams other than from Rates;

·        To achieve superior planning and environmental outcomes;

·        To address market failure in desirable planning solutions;

·        To facilitate creation of local jobs (favourable economic outcome);

·        To ensure appropriate use of City owned and controlled Freehold and Crown lands; and

·        Divestment or development of identified City Owned or Crown land.

 

The suggested Policy is attached as (Attachment 1)

 

Examples of actions under the Policy include the following:

·        To achieve a planning solution such as high density housing around an activity centre

·        To provide future industrial and commercial land to

o   Provide local employment

o   Generate non rates income

·        To acquire residential or commercial buildings to earn income

·        To acquire “opportunity” land holdings to develop and lease or sell

·        To acquire housing in areas moving to higher densities and redevelop

·        To convert unused or underutilised crown land to freehold, devoting the proceeds to improve public amenity

·        To realise the value of existing Freehold land holdings by development and lease or sale

·        To examine unused or poorly utilised Crown land, possibly realising by sale for the benefit of local public amenity (the City manages 996 parcels of Crown land, some of which no doubt fit the “Gosnells” model referred to in an earlier forum of Elected Members)

 

 

 

Consultation

Previous workshops with Administration, Executive and Elected Members have guided the principles of the proposed Policy.

Comment

The City recently entered into an expression of interest to acquire a parcel of land which would have fulfilled more than one of the principles, however on this occasion the City’s bid was unsuccessful. Ownership would have ensured a desirable planning solution and provided a non-rates income stream. There are now (and will be in the future) further such opportunities such as land owned by the Servite order and State Government respectively in the Wanneroo Town Centre Precinct. The City currently owns in Freehold, some 104 assorted lots, a small number of which have development potential. These will be investigated via the Strategic Land Policy, if adopted.

The Policy calls for vigilance and market intelligence to ensure the City is aware of such opportunities in the future and will guide Administration in its activities in this area. Should the Policy be adopted by Council, it will be supported by procedures and guidelines including business case templates for each policy objective.

Statutory Compliance

Acquisitions and disposals of land will be subject to the provisions of the Local Government Act 1995 and corresponding Regulations, and given the magnitude of possible transactions, the particular provisions relating to Major Land Transactions (s3.59) will be applicable.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.2    Good Governance

4.2.2  Provide responsible resource and planning management which recognises our significant future growth

Risk Management Considerations

Risk Title

Risk Rating

ST-G09 Long Term Financial Plan

Low

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

Executive Leadership Team

Manage

 

Risk Title

Risk Rating

ST-S12 Economic Growth

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

Risk Title

Risk Rating

CO-O03 Land Development

Moderate

Accountability

Action Planning Option

Executive Leadership Team

Manage

Policy Implications

A number of existing Policies and Procedures are relevant and complimentary to the proposed Policy and these are listed in the Policy document.

Financial Implications

Significant funding may be required depending on options. This could take the form of Treasury loans, Bank loans or loans from the City’s own unrestricted cash holdings, until the portfolio became self-funding.

The need for non-rates income is becoming increasingly evident and Administration understands that the City’s ratio of non-rates to rates income is not favourable. There are real risks of rate capping or simply the political expediency of minimising rate increases and so it will become imperative that alternative income streams are sought. Income streams are more beneficial than single capital receipts which is why leasing is preferable to outright sale with the added advantage of ultimately controlling the use of the land.

Voting Requirements

Simple Majority

 

Recommendation

That Council ADOPT the Strategic Land Policy as detailed in Attachment 1.

 

 

 

Attachments:

1.

Strategic Land Policy (pdf)

17/376576

Minuted

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                                     365

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         370

 

Council & Corporate Support

CS08-12/17       Donations to be Considered by Council - December 2017

File Ref:                                              2855V02 – 17/414281

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider requests for sponsorships, donations and waiver of fees in accordance with the City’s Donations, Sponsorships and Waiver of Fees and Charges Policy (Policy).

Background

The Policy requires applications over $500 from individuals and organisations to be determined by Council. Consequently a report is prepared for Council meetings, coinciding with a period where applications of this nature have been received.

 

With respect to requests for sponsorships, the Policy specifies that for National Events the amount provided will be $200.00 per individual, capped at $600.00 per team, and for International Events the amount provided is $500.00 per individual capped at $1,500.00 per team.  Schools are capped at $2,000.00 per school per financial year.

Detail

During this period, the City has received nil sponsorship requests, nil community donation requests and one request for a waiver of fees and charges, which are summarised as follows. Copies of the full applications are available from Council and Corporate Support upon request.

Comment

Community Group Donations

Applicant 1 – Landsdale Community Wesleyan Methodist Church

Request amount

$1,279.70 plus 100% waiver of bond ($850.00)

Description of request

100% waiver of bond, facility hire and bin hire at Warradale Hall and Park, plus electrician, portable toilets and Event Ambulance first aid station costs in order to hold the Landsdale Community Carols in the Park on 8 December 2017.

Criteria

Evaluation

Potential for income generation

Nil

Status of applicant organisation

Registered Charity

Exclusivity of the event or project

Open to all members of the public


Alignment with Council’s existing philosophies, values and strategic direction

1.1     Healthy and Active People

1.1.1  Create opportunities that encourage community wellbeing and active and healthy lifestyles

Alternative funding sources available or accessed by the organisation

$2,500.00

Contribution to the event or activity made by the applicant or organisation

$3,500.00 plus 150+ hours volunteer time

Previous funding assistance provided to the organisation by the City

CD02-05/12 $800.00

CD03-04/13 $1,406.00

CD05-05/14 $796.80

CS06-12/15 $794.00 (plus waiver of bond)

CS04-12/16 $812.30 (plus waiver of bond)

Commitment to acknowledge the City of Wanneroo

Yes

Comments

 

For the 2016 event, the costs currently required to be paid to the City are $850.00 bond, $172.80 facility hire fee and $52.50 bin hire fee. In addition to these costs, the applicant has requested the City to cover fees of $85 for an electrician and $488 for attendance by Event Health Services (St John Ambulance). 

Therefore, the total costs remaining to be paid are $798.30 fees and $850.00 bond. 

 

In 2012, 2013 and 2014 this event was supported through the March Community Funding Rounds.  In 2015 and 2016 Council resolved by amendment to provide a monetary donation (plus waiver of bond).

For the 2017 event, the costs currently required to be paid to the City are $850.00 bond fee, the remaining 50% hire fees (consisting of $175.50 facility hire fee and $200.00 bin hire fee). Note that the other 50% of hire fees has already been subsidised as detailed below.

In addition to these costs, the applicant has requested the City to cover further fees of $100 for an electrician; $252 for Event Ambulance first aid stations and $552.20 for additional portable toilets for the event. 

Therefore, the total costs remaining to be paid for the 2017 event are $1,279.70 all remaining fees and $850.00 bond. 

Clause 2(2.4) of the Policy states that “Council will not consider funding applications for…More than one application per financial year, including funding through the Community Funding Donation round”

The applicant has already been provided a 50% subsidised use waiver of hire fees as a registered charity under the ‘Facility Hire and Use Policy’. Therefore a 50% subsidy of $375.50 has already been applied to this event which means the applicant is not eligible for further funding under the Policy.

Clause 4.3 states that “Only 50% of the amount charged for a waiver of fees will be considered with the exception of State or Federal functions and visits by Parliamentarians held within the City”. The Policy does not support a 100% waiver of fees and this application is requesting that the remaining 50% also be waived.

Clause 2.2 of the Policy states that Council will not consider funding applications for “The bond associated with the use of Council Facilities”. 

Christmas events are generally supported through the City’s Community Funding rounds. The City will continue to engage with the applicant regarding funding opportunities for future events.

Recommendation

NOT APPROVE a donation in the sum of $1,279.70 towards facility and bin hire at Warradale Hall and Park plus electrician; Event Ambulance and portable toilet costs and NOT APPROVE the 100% waiver of bond to Landsdale Community Wesleyan Methodist Church for the Landsdale Community Carols in the Park to be held on 8 December 2017.

Reason

This request is not in accordance with Council’s Policy.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.1    Healthy and Active People

1.1.1  Create opportunities that encourage community wellbeing and active and healthy lifestyles

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The Policy states that sponsorship applications for attendance at National Events will be capped at $600.00 per team (up to four teams) and Regional or State capped at $600 per club.  International events will be capped at $1,500.00 per team and schools capped at $2,000.00 per school per financial year.

Financial Implications

Budget 2017/2018

 

$100 000.00

Amount expended to date (as at 30.11.17)

 

$58,384.54

Balance

 

$41,615.46

Total of requests for this round:

Donations (in this report):

 

Total this Round (recommended)

$1,279.70

 

 

$0.00

BALANCE

 

$41,615.46

Voting Requirements

Simple Majority

 

Recommendation

That Council NOT APPROVE a donation in the sum of $1,279.70 towards facility and bin hire at Warradale Hall and Park plus electrician; Event Ambulance and portable toilet costs and NOT APPROVE the 100% waiver of bond to Landsdale Community Wesleyan Methodist Church for the Landsdale Community Carols in the Park to be held on 8 December 2017.

 

 

 

Attachments: Nil   


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         374

 

Chief Executive Office

Office of the CEO Reports

CE01-12/17       Regional Advocacy Campaign (GAPP) Regional Recreational Infrastructure Fund

File Ref:                                              3015V02 – 17/412191

Responsible Officer:                           Chief Executive Officer

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider a proposal from the Western Australia Local Government Association (WALGA) Growth Alliance Perth & Peel (GAPP) to undertake a joint Advocacy Campaign at a federal level to seek the establishment of a metropolitan growth area Regional Recreational Infrastructure Fund.

Background

Council at its Ordinary Council Meeting on the 14 November 2017 resolved as follows (refer CEO1-10/17):

 

“That Council:-

 

1.       APPROVE the continuation of the four areas of the Advocacy Framework of roads, rail, reserves and region;

 

2.       APPROVE the continued use of the brand Connect Wanneroo for all strategic advocacy projects and the trademarking of the brand;

 

3.       APPROVE the following refreshed advocacy agenda including:

 

a)      ROADS:     Continuing request for the extension of the Mitchell Freeway to Romeo Road;

         

b)      FREIGHT:  Commence work on developing a clear plan for freight movement across the City and surrounding regions including Neerabup. The project will also focus on freight and heavy haulage networks ensuring that cross city secondary freight roads including Yanchep Highway and Neaves Road link into the Perth Darwin Highway and national highway network. Work will also explore the freight impact of the expansion of Two Rocks Marina;

 

c)      RAIL: Watching brief on the State Government funded rail extension to Yanchep.   It has been proposed that in the future, given the destination will be the strategic metropolitan centre of Yanchep, the line should be renamed the Yanchep Line;

 

d)      RESERVES:       Securing a funding contribution for the Butler North District Open Space development; and

 

e)      REGION:   Continue the focus on jobs.  Continue focus on agribusiness including water”.

 

 

The GAPP group of councils has been working with the former Department of Sport and Recreation (DSR) to support the DSR to develop a business case for government to consider the establishment of a funding mechanism to support the development of regional/district recreation infrastructure in Western Australia.

 

It is the view of GAPP members that this draft business case highlights the lack of suitable funding sources to meet what are often recreation investments of between $20 million and $100 million, with the current Community Recreation & Facilities Sporting Fund (CSRRF) not geared up for this level of investment.

 

It is further considered by GAPP members that the size and scale of this infrastructure make it appropriate for funding by both state and federal governments. This position is also supported through the work and advocacy efforts of the National Growth Area Alliance (NGAA).

Detail

At the most recent GAPP meeting, the City of Cockburn arranged a presentation by GRA Everingham on a potential approach for GAPP member Councils to work together to advocate, through a dedicated campaign (with professional support from GRA), to seek a commitment from both major political parties to establish a fund for Western Australia to support the development of regional/district recreation infrastructure in outer metropolitan growth councils.  GRA Everingham specialises in providing companies and institutions with strategic advice about government, public policy, regulation and stakeholder communications.  It is proposed that the fund be linked to the policy position in regards to GST top up payments to Western Australia. 

 

Without additional or substantial funding from the state government or a partnership approach between local, state and federal governments for both the acquisition of land for regional open space and capital funds for the development of regional/district facilities, local governments will be under considerable financial pressure to fund this infrastructure.

 

The City of Wanneroo is a very good example, with four regional active open space facilities being required between Alkimos and Yanchep, as well as a range of regional community facilities (including a potential future regional indoor aquatic and recreation facility and regional library/community centre).  The Development Contribution Plans (DCPs) in place for Alkimos/Eglinton and Yanchep/Two Rocks only collect funds towards the provision of district level facilities, and while there may be a negotiated contribution from developers towards the cost of regional facilities, significant additional funding will be required.  In addition to these regional facilities, there are also some large scale district facilities (such as the Butler North District Open Space) that place a significant funding burden on local government where they are not identified in approved Development Contribution Plans.

 

The proposal to be part of a joint advocacy campaign with other growth councils in Western Australia is considered to have merit, as it is aligned to the City’s recently adopted advocacy priorities, seeks to establish a strategic funding approach with the federal government across a group of Councils, and addresses a key priority of our community.

Consultation

Nil

Comment

Whilst the City may consider conducting its own advocacy campaign leading to the next federal election it is considered that being part of this regional campaign does not adversely impact on the City’s ability to undertake further campaigns.

It is proposed that the campaign be jointly managed by all GAPP member councils, with the procurement and contract management aspects administered by the City of Cockburn or WALGA, and campaign advice and design, provided by GRA Everingham.

 

The cost of the campaign is estimated to be $10,000 to $15,000 per member.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.1    Working with Others

4.1.3  Advocate and collaborate for the benefit of the City

Risk Management Considerations

 

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

CEO/Council

Mitigate

 

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic Risk Register.  Action plans will be developed to mitigate this risk to support existing management systems.

 

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The proposed advocacy campaign is aligned with the City’s adopted advocacy position.

Financial Implications

Sufficient funds are available within the Office of the CEO operating budget to meet the contribution by the City to this campaign.

Voting Requirements

Simple Majority

 

Recommendation

That Council APPROVE the participation of the City of Wanneroo in a Regional Advocacy Campaign by the Growth Area Alliance Perth and Peel, for the purpose of advocating for the establishment of a National Funding program for the development of District and Regional recreational infrastructure.

 

 

 

Attachments: Nil  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 December, 2017                                         378

 

Advocacy & Economic Development

CE02-12/17       Business Plan for Major Trading Undertaking - Neerabup Industrial Area

File Ref:                                              30136 – 17/359074

Responsible Officer:                           Chief Executive Officer

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider the Business Plan (Neerabup Limestone Extraction - Business Plan for Major Trading Undertaking), prepared in accordance with section 3.59 of the Local Government Act 1995 (LGA) for the development of Neerabup Industrial Area (NIA).

Background

The development of NIA has been a key strategic priority for the City of Wanneroo for a number of years and is part of Structure Plan 17 which is currently being finalised. Within the structure plan area is the first stage of development containing approximately 20 hectares of developable land. The parcel of land, Lot 9003, contains sand and limestone resources that require extraction. The process of extraction would result in a lowering of the contour levels to match the new contour levels as agreed with the Department of Planning, under Structure Plan No 17, Amendment 4.

 

There is an opportunity for a strong revenue steam to be realised from the limestone resource contained within Lot 9003. LandCorp has outsourced the extraction of this resource on their land (adjacent to the City’s land) for a number of years and have been able to record a net profit as a result. With the increasing number of urban development projects such as housing construction and road construction, demand for this raw material input is expected to last for some time. The extraction process will also release land to the City that is earmarked to be developed under the City’s Strategic Plan.

Detail

An Expression of Interest (EOI) was advertised on 29 August 2017 in order to attract suitable interest from local companies with extraction expertise. Three contractors have been identified to proceed to the next s