Alleged Breaches of Building Act and Private Property Local Law

Why have the City and Councillors refused to answer valid questions relating to previous and current breaches of the Building Act and Private Property Local Laws under the City’s jurisdiction, which should be considered an abuse of public office.  The questions were emailed to the City on 26 September 2017 and several occasions after that.  These valid questions have never been answered by anyone, despite the fact that the City have agreed the breaches exist.

Response by Executive Manager, Governance and Legal

The complaints and questions have been both internally reviewed, the outcome of which has been provided to Mr Adam, and independently investigated.  The outcome of the independent investigation was also provided to the City’s Audit and Risk Committee.

The independent investigation did not observe any conduct or behaviour by City employees “that may be considered either misconduct or serious misconduct”.

Vetting of emails to Elected Members

Are the Mayor and the Councillors concerned that their emails are being read and vetted before reaching them and does this privacy intrusion breach any legislation, if so, have those breaches been reported to the relevant authorities?

Response by Executive Manager, Governance and Legal

Council is aware of the procedure implemented to manage the unreasonable conduct of complainants.              

The procedure aligns with the Ombudsman of Western Australia guidelines and does not breach any legislation.  All documents and records received, created or issued by the City (which includes by or to Administration staff and Elected Members) must be maintained and recorded in accordance with the requirements of the State Records Act.  Whilst there is no breach of any person’s privacy, an information management process is applied to ensure that the records are uploaded to the City’s document management system in accordance with the City’s Record Keeping Plan and the State Records Act.

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)

1.         In respect to this application we are the only owner occupiers adjacent to the property at 224 Ocean Drive Quinns Rocks. All other properties are either rental or vacant land. We object to this application for Change of Use – the property has been used for this purpose since 2007.

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

The objection was taken into consideration during the assessment of the application and subsequent report to Council.

2.         Please advise how the proposed management plan is to be actioned and controlled when breaches are generally outside business hours? Please confirm that the owner/manager of the property is contactable 24 hours a day, resides locally and is able to attend to the breaches at the property when they occur?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

Instances of breaches of the management plan can be provided to the City’s Compliance Services, for investigation, and should be supported by evidence (including photos). Should it be found that a breach of a condition of approval occurred, the City can take enforcement action. After hours, these instances can be reported to the City’s Ranger Services, who can also investigate and take note of the activities occurring, to support enforcement action. 

The condition of approval requires that the property manager attend in the instance of a complaint. The City will ensure that these contact details are provided to adjoining landowners and occupiers at the earliest opportunity.

3.         Please confirm when the contact details are to be provided including a mobile and local land based contact number? The business is still currently in operation and no details have yet been provided.

Response by Director, Planning and Sustainability

Question taken on notice

Further Response by Director, Planning and Sustainability

The City’s Compliance Services will follow up to ensure that the details are provided to adjoining owners at the earliest opportunity, as per the condition of approval.

4.         Please confirm and advise the Council after hours contact details for the Council’s Health Department. The officer on call will need to be appropriately qualified to conduct noise measurement tests. Note that the majority of breaches take place late at night on weekends and public holidays especially in the summer months. We have been advised on numerous occasions that the police will only attend where there is property damage or physical assault and that noise issues are the councils responsibility.

Response by Director, Planning and Sustainability

Question taken on notice

Further Response by Director, Planning and Sustainability

Health Services do not have an officer on duty after hours. Complaints can be lodged by calling 1300 138 393 after hours or via the City’s website. The City’s Rangers perform an after-hours complaint investigation service and are able to drive by a premise to verify that a noise nuisance exists. Their observations are passed onto Health Services and a process of mediation is commenced by an Environmental Health Officer during office hours if required.

The City’s current noise procedure requires a person affected by noise to lodge a noise complaint log sheet and specify dates and times the noise occurs. The matter will then be investigated by an Environmental Health Officer in accordance with the Environmental Protection (Noise) Regulations 1997 during business hours. A process of mediation, utilising verbal and written communication, is used in the first instance to achieve behavioural change and prevent noise nuisances from occurring. If this process proves to be unsuccessful and problems persist, then an Environmental Health Officer will perform noise monitoring by appointment after hours and commence compliance action if necessary.

The Police possess powers as authorised officers under the Environmental Protection Act to resolve noise complaints. The Police are trained and equipped to deal with circumstances that may otherwise place Council Officers in difficult or dangerous situations after hours if alcohol or drugs are involved.

5.         Based on the council’s planning recommendation of this application please advise of the councils compensation to be provided to adjoining properties?

Response by Director, Planning and Sustainability

Question taken on notice

Further Response by Director, Planning and Sustainability

The City will not be providing compensation to adjoining properties.

6.         Will the council rates for the property at 224 Ocean Drive be adjusted (retrospectively since 2007) based on its higher GRV based on its advertised rate of up to $4,140 pw?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

The City has been advised by the Valuer-General that the valuation for the property would not change based on this approval. In this regard, the applicable rates for the property will not be adjusted.

7.         Please confirm that the property code of conduct and that the premises are not to be utilised for parties, functions or events is on its websites confirming that the tenants are aware of the property requirements?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

The code of conduct explicitly states that the premise is not to be used for parties and functions, and the carrying out of these is prohibited. The City understands that prospective guests are required to agree to these terms prior to the acceptance of their booking. Notwithstanding, as the implementation of this code of conduct is conditioned, it is the proponent’s responsibility to ensure that guests are aware of these requirements.

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

Is Council aware that the copy of the letter I signed, which is included as Attachment 4 on page 58 of the Agenda is incorrect as it does not show all of my comments?

Response by Mayor Roberts

You are saying that the document in the Agenda is not a true and accurate record of the intent?

Response by Chief Executive Officer

The letter in the Agenda did not include a comment that Mr Monte thought would be included.  To the Director of Planning and Sustainability, what bearing does that now have on the application before Council?

Response by Director, Planning and Sustainability

This would relate to whether Mr Monte has any objection to a 1.8m fence on the boundary property but it does not have a material bearing on whether the restaurant could or could not be supported at tonight’s meeting.

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

1.         Why didn’t Administration refer to the part of the Economic Development Strategy that refers to agri-business in Wanneroo, particularly because it is such a strategic focus area for the City?

Response by Director, Planning and Sustainability

Part of the City’s economic development strategy is referred to but not that particular section.  Whilst it does have some bearing, administration referred to the key part of the strategy that was considered in terms of tourism-related activities to try to provide a balanced approach.

2.         In the Carabooda area where this is occurring, what would be the main economic driver?  Would it be tourism or agri-business?  Not sure why that part of the economic strategy does not appear in this report?

Response by Director, Planning and Sustainability

It is a balance of trying to achieve both which is what the report has tried to reflect, that whilst the purpose of this zoning is to encourage and support intensive agriculture, it is also that we are trying to develop and promote tourism.  The report shows that the two are not necessarily incompatible as has been evidenced by the information provided.

3.         State Planning Policy 2.5 Rural Planning and also State Planning Policy 2.5 Rural Planning Guidelines brought out in December 2016 refer to buffers.  Can Administration clarify what the actual buffers are between the restaurant and the intensive agriculture activities in that area?

Response by Director, Planning and Sustainability

Attachment 2 of the report indicates the approximate distances from the restaurant to the adjacent land uses and the boundary.  The proposed buffer to the north east is 184m, to the south east is 80m and to the south west is 86.2m.

4.         Is Administration aware of what minimum buffers are recommended in the State Planning Policy documents?

Response by Director, Planning and Sustainability

I do not have a copy of State Planning Policy available at tonight’s meeting.

5.         It was a hypothetical question and wanted to alert Elected Members to the fact that it is a minimum of 300-500m.  The other aspect of the State Planning Policy states that “in addition to those matters required under a Scheme where detailed consideration of off-site impacts is required in accordance with clause 5.12.1 determination of a buffer should take into account separation distances recommended in government policy and guidance.”  Did that occur as part of this process?

Response by Director, Planning and Sustainability

In assessing this application Administration have had regard to the advice from the environmental consultants in terms of the landscape buffer between the proposed use and State Planning Policy 2.5 which is referred to on page 21 of the report.  That points out that whilst State Planning Policy 2.5 is relevant, the paragraph halfway down the page, does indicate that there have been modifications to the application which address the potential impacts on the restaurant of the activities associated with the intensive agricultural uses on the surrounding area.  Given the additional evidence provided by the environmental consultants on behalf of the applicant and verified by the City’s environmental consultant, we are satisfied that those issues have been addressed through the mitigation measures proposed.  

6.         Regarding the SAT process, has there been a precedent where sensitive land uses have been allowed to occur over the priority zoning?

Response by City’s Environmental Consultant

Yes, there is quite voluminous precedent on sensitive land uses.  One of the difficulties with this particular one is for a restaurant under all the relevant policies, there is no clarity nor is it unanimous as to whether a restaurant is in fact a sensitive land use.  Generally speaking, most of the precedents in favour of the refusal of particular proposals where sensitive land uses are involved are generally residential or residential type developments.

7.         Can the proponent erect a higher than normal rural fence if there is no consent by adjoining landowners?

Response by City’s Environmental Consultant

The reason the applicants were requested to seek those letters from the adjoining property owners is that the City cannot mandate any sort of development on the actual boundary, which is a matter covered by the Dividing Fences Act.  In the circumstances where such approval between neighbours is not forthcoming, it is then open for Council to allow a similar structure which is essentially a fence, but it is not on the boundary, so some distance away from the actual boundary.  That would be an alternative solution.

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

1.         There is incorrect documentation in the report that has been included in tonight’s Agenda and the recommendation to refuse is based on this false documentation.  With regard to the clearing of land, this goes back to 2013 and  have photos to show most of this clearing had been done by the time we purchased the property in 2016?

Response by Director, Planning and Sustainability

I am not able to verify exactly when the area of land was cleared.  The evidence before Council in terms of this report indicates that there has been clearing that has been undertaken in an area where it shouldn’t have as it falls outside of the building envelope of the site.  I cannot confirm whether that was undertaken by the applicant or prior to the applicant acquiring the site.

2.         Have had discussions with the neighbour regarding shed erection and an agreement was made in January 2017 with signed plans and paperwork but they have changed their minds since.  Came to the City of Wanneroo for advice but they weren’t sure on what action to take.  The report states that 680sq m of land has been cleared but it was not us that cleared it.

Response by Director, Planning and Sustainability

The intent of the planning framework for this area was to try and retain the topography of the land and retain the existing vegetation on the site.  Whether the area of clearing was undertaken by the applicant or previous owners is not relevant in terms of what is before Council tonight. 

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

Referring to the Guidelines for Separation of Agricultural and Residential Land Uses which talks about buffers for market gardens and taking into consideration the spraying done, does Administration know the chemicals that are sprayed, how often and by what method?  Unless you know these things, how can you risk assess that having people so close is acceptable on a human health basis?

Response by Manager, Approval Services

That information is contained in the documentation so Administration is aware of the spraying patterns.

Moved Cr Fenn, Seconded Cr Simpkins

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

Carried Unanimously

1.            Is the City aware there was a serious crash on Marangaroo Drive, west of Highclere Boulevard and the tree the car impacted has been ring-barked and may be a hazard in future?

Response by Director, Assets

Question taken on notice.

Further Response by Director, Assets

Traffic Services will seek crash details from the Police Crash Investigation Unit, as well as arrange a site meeting.

2.            Some time ago Mr Ron Emery, owner of the Kingsway Tavern voiced his concerns in relation to the two bus stops opposite the Darch Shopping Centre on Kingsway Drive due to the danger presented when buses pull up, by impatient drivers pulling out around them and nearly having a head on collision, or when both buses are there at the same time, the road is blocked.  Can Council follow up on this complaint?

Response by Director, Assets

Question taken on notice.

Further Response by Director, Assets

Traffic Services will arrange a site meeting as part of its follow up.

The City has done a lot of work already to improve the T-junction of Caporn and Franklin Roads, Wanneroo but have had a lot of calls about near misses in that area so ask that the City can have a closer look at that?

Response by Director, Assets

Question taken on notice.

Further Response by Director, Assets

Traffic Services will contact the Police Crash Investigation Unit for details of any recent crashes requiring police attendance, as well attend the site to determine if there is any physical interference impacting driver’s utilising the intersection.

Cr Sangalli presented a petition of 25 signatures objecting to the proposal to locate a telecommunications tower at 23 Beonaddy Road, Eglinton. (Trim 17/413569)

File Ref:                                              21039 – 17/400665

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Cvitan, Seconded Cr Fenn

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.

Carried Unanimously

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      

Moved Cr Fenn, Seconded Cr Aitken

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.

Substantive Motion as Amended

At the request of Cr Treby and with the consent of the Mover and Seconder the following further amendments were proposed.

Following the words “Attachment 2” in the first line of Item 1. a) of the recommendation, insert the words “inclusive of the written undertaking dated 15 November 2016 pursuant to clause 3.17.2(i) of District Planning Scheme No. 2.” and to add a condition m) following condition l).

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 inclusive of the written undertaking dated 15 November 2016 pursuant to clause 3.17.2(i) of District Planning Scheme No. 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; and

m)     The proposed sign included in Attachment 2 shall be installed in a visible location within the car parking area to the satisfaction of the City.

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

lost

5/9

4/10

For the motion:           Cr Aitken, Cr Coetzee, Cr Fenn, Mayor  Roberts and Cr Treby

Against the motion:   Cr Cvitan, Cr Driver, Cr Flood, Cr Hayden, Cr Newton, Cr Nguyen,
Cr Sangalli, Cr Simpkins and Cr Zappa and Mayor Roberts

Alternative Motion

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.         Pursuant to Section 31 (2) of the State Administrative Act 2004 (WA) AFFIRMS its decision dated 6 December 2016, and REFUSES the modified application for a Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda, as shown in Attachment 2, for the following reasons:

a)         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

b)        The proposed Restaurant may be impacted by the activities associated with the operations of the Intensive Agriculture uses in the surrounding area. Particularly as this application includes half  (76)  of the restaurant seating outside of  the proposed building

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

carried

13/1

For the motion:           Cr Aitken, Cr Coetzee, Cr Cvitan, Cr Driver, Cr Flood, Cr Hayden,
Cr Newton, Cr Nguyen, Mayor Roberts, Cr Sangalli, Cr Simpkins,
Cr Treby and Cr Zappa

Against the motion:   Cr Fenn

Reason for Alternative Motion

Numerous objections to the proposed Restaurant have been received from surrounding landowners in relation 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.

The applicant has provided an environmental consultant report which recommends the provision of a landscaping and fencing buffer on the subject site as a means of addressing the concerns relating to spray drift, dust and odour.

It is considered that the impacts of spray drift, dust and odour would be greatest for the outdoor seating, which represents half (76) of the total seating proposed.

The advice provided by the applicant’s environmental consultant confirms that an artificial or natural barrier (such as that proposed by the applicant) may be effective at reducing spray drift potential by between 60% to 90%. Whilst these measures may be able to mitigate the potential impact, they will not be able to fully negate the potential impacts on the restaurant from the surrounding agricultural land uses.

It is not considered that the proposed measures would adequately negate the potential impact of the existing intensive agriculture operations to the east and west of the site and therefore lead to potential future objections which may impact the ongoing operation of the surrounding agricultural uses. On this basis and the fact that is a discretionary use, it is recommended that the application be refused for the above reasons.

File Ref:                                              DA2016/1848 – 17/295106

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Simpkins

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.

Carried Unanimously

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.

File Ref:                                              3389-D2 – 17/348782

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

Moved Cr Treby, Seconded Cr Simpkins

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.

Carried Unanimously

File Ref:                                              7242 – 17/370370

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       18         

Moved Cr Aitken, Seconded Cr Cvitan

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.

Motion to Amend

Moved Cr Zappa, Seconded Cr Hayden

That the recommendation be amended to delete the words “DOES NOT” in recommendation 2. and insert the words “subject to Council’s consideration and allocation of $11,000 additional funding to PR-1055 Bus Shelter Installation Program as part of 2017/18 mid-year budget review” at the end of the sentence.

2.       DOES NOT SUPPORTS the installation of a bus shelter at bus stop no 21902 Kingsway after Regency Avenue, subject to Council’s consideration and allocation of $11,000 additional funding to PR-1055 Bus Shelter Installation Program as part of 2017/18 mid-year budget review.

Carried Unanimously

Substantive Motion as Amended

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.         SUPPORTS the installation of a bus shelter at bus stop no 21902 Kingsway after Regency Avenue, subject to Council’s consideration and allocation of $11,000 additional funding to PR-1055 Bus Shelter Installation Program as part of 2017/18 mid-year budget review;

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.

The substantive motion as amended was put and

Carried Unanimously

File Ref:                                              1702 – 17/375158

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Newton, Seconded Cr Zappa

Nominations for Delegate

Nomination in writing received prior to the meeting from Cr Sangalli for delegate.

Nomination in writing received prior to the meeting from Cr Aitken for delegate.

There being two nominations for the position of delegate a vote was conducted by show of hands and Cr Sangalli was endorsed as the successful nominee.

Nominations for Deputy Delegate

Nomination from the floor from Cr Aitken for deputy delegate.

As the only nominee, Cr Aitken was endorsed as the successful nominee.

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 Sangalli, North Coast Ward Councillor as a member of the Two Rocks Reference Group;

4.       NOMINATES Cr Aitken, 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.

Carried Unanimously

File Ref:                                              28029 – 17/394059

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Hayden, Seconded Cr Cvitan

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 :

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;

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.

Carried BY ABSOLUTE MAJORITY

14/0

*Administrative error in Agenda and Project Number corrected in recommendation 3.

File Ref:                                              26263 – 17/381244

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Hayden, Seconded Cr Cvitan

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.

Carried BY ABSOLUTE MAJORITY

14/0

File Ref:                                              19964 – 17/377031

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Hayden, Seconded Cr Cvitan

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 40^th 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 40^th 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 100^th 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

11.11.                         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.

Carried Unanimously

File Ref:                                              1870 – 17/407394

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Coetzee

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.

Carried Unanimously

File Ref:                                              25974 – 17/383692

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Zappa, Seconded Cr Coetzee

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

Carried Unanimously

File Ref:                                              29932 – 17/407597

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Mayor Roberts, Seconded Cr Treby

That Council ADOPTS the unbranded City of Wanneroo Annual Report 2016/17 as shown in Attachment 1.

Carried Unanimously

File Ref:                                              2095V03 – 17/394446

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Cvitan, Seconded Cr Fenn

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. 

Motion to Amend

Moved Cr Zappa, Seconded Cr Hayden

That a new recommendation 4 be added as follows:

4.       Requests that the Mayor and the Director of Corporate Strategy and Performance write respectively to the Minister for Local Government, Sport and Cultural Industries to convey the petitioners concerns and for it to be considered in Phase 2 of the Local Government Act review.

carried

11/3

For the motion:           Cr Cvitan, Cr Driver, Cr Fenn, Cr Flood, Cr Hayden, Cr Newton,
Cr Nguyen, Mayor Roberts, Cr Sangalli, Cr Treby and Cr Zappa

Against the motion:   Cr Aitken, Cr Coetzee, Cr Simpkins

Substantive Motion as Amended

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.

4.       Requests that the Mayor and the Director of Corporate Strategy and Performance write respectively to the Minister for Local Government, Sport and Cultural Industries to convey the petitioners concerns and for it to be considered in Phase 2 of the Local Government Act review.

The substantive motion as amended was put and

carried

11/3

For the motion:           Cr Cvitan, Cr Driver, Cr Fenn, Cr Flood, Cr Hayden, Cr Newton,
Cr Nguyen, Mayor Roberts, Cr Sangalli, Cr Treby and Cr Zappa

Against the motion:   Cr Aitken, Cr Coetzee, Cr Simpkins

File Ref:                                              3846 – 17/264577

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Fenn

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.

Carried Unanimously

File Ref:                                              6193 – 17/382039

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Hayden, Seconded Cr Treby

That Council APPROVES the revised Leasing Policy as shown as Attachment 2.

Carried Unanimously

File Ref:                                              26688 – 17/411571

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Hayden, Seconded Cr Treby

That Council ADOPT the Strategic Land Policy as detailed in Attachment 1.

Carried Unanimously

File Ref:                                              2855V02 – 17/414281

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

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.

LAPSED FOR WANT OF A MOVER

Alternative Motion

Moved Cr Zappa, Seconded Cr Treby

That Council 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 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.

Carried Unanimously

Reason for Alternative Motion

This is one of the few events in this area and has been of great success in the past at bringing the community together.

File Ref:                                              3015V02 – 17/412191

Responsible Officer:                           Chief Executive Officer

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Mayor Roberts, Seconded Cr Treby

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.

Carried Unanimously

File Ref:                                              30136 – 17/359074

Responsible Officer:                           Chief Executive Officer

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Aitken

That Council APPROVES the advertising of the Business Plan for the Major Trading Undertaking for a period of 42 days in accordance with Section 3.59 (4) of the Local Government Act 1995.

Carried Unanimously

File Ref:                                              26321 – 17/406676

Responsible Officer:                           Executive Manager Governance and Legal

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Hayden, Seconded Cr Newton

That Council:-

1.       NOTES the review of the Investment Policy and ENDORSES the amendments shown in mark-up in Attachment 1; and

2.       REPEALS the Acquisition & Development of Community Purpose Sites Policy set out in Attachment 2.

Carried Unanimously

File Ref:                                              3131 – 17/397556

Responsible Officer:                           Executive Manager Governance and Legal

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Hayden, Seconded Cr Newton

That Council DELEGATE BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to DETERMINE and ACCEPT the following tenders during Council’s recess period from 6 December 2017 to 5 February 2018 only, subject to confirmed budgetary provisions and the requirements of the Local Government (Functions and General) Regulations 1996:

1.       Tender 17174 Annual Park Asset Renewal Program;

2.       Tender 17223 Construction of the Kingsway Olympic Sports Clubrooms New Changerooms Facilities;

3.       Tender 17224 Duplication of Mirrabooka Ave (Hepburn Ave to Gnangara Rd); and

4.       Tender 17246 Construction of Water and Sewer Reticulation Neerabup Industrial Area.

Carried BY ABSOLUTE MAJORITy

14/0

Moved Cr Zappa, Seconded Cr Treby

That Council adjourn the meeting for two minutes to allow Cr Zappa to discuss the next item with Cr Coetzee.

CARRIED UNANIMOUSLY

No Elected Members spoke on the item prior to the Motion to adjourn.

The meeting adjourned at 7:26pm.

Cr Simpkins and Cr Nguyen left Chambers at 7:26pm.

Moved Cr Treby, Second Cr Cvitan

That the meeting be resumed.

CARRIED UNANIMOUSLY

The meeting resumed  at 7:28pm.

Cr Simpkins returned to Chambers at 7:29pm.

Cr Nguyen returned to Chambers at 7:30pm.

File Ref:                                              32765 – 17/404334

Author:                                                Cr Sonet Coetzee

Action Officer:                                    Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Coetzee, Seconded Cr Aitken

That Council:-

1.       BY ABSOLUTE MAJORITY, APPROVES a financial contribution of $9,000 to the Yanchep Community Men’s Shed to cover rental costs to enable the Men’s Shed to continue operating from their current premises with the funding to be allocated from the 2017/18 Community Funding Program;

2.       NOTES that Administration will present a report on a Community Sheds Policy for Council consideration in February 2018;

3.       NOTES that Administration will consult with WA Men’s Shed Association Inc. (WAMSA) on the development of such a Policy and pursues the development of a Memorandum of Understanding (MoU) with WAMSA aligned to the Policy; and

4.       NOTES that Administration will develop a report on possible financial assistance that can be considered as part of the 2017/18 mid-year budget review to support the provision of facilities for community organisations such as Men’s Sheds within the City of Wanneroo.

Carried BY ABSOLUTE MAJORITy

14/0

File Ref:                                              26470 – 17/381195

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

This report was dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(c)          a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

Moved Cr Aitken, Seconded Cr Treby

That Council:-

1.       AUTHORISES the publication of a local public notice of the intention to dispose of the negotiated assets on the HACC Assets List as provided within the report,  in accordance with Section 3.58 of the Local Government Act 1995;

2.       AUTHORISES the Chief Executive Officer to negotiate with the WA Department of Health in relation to the transition of Home and Community Care Services including the Home and Community Care Assets and HACC Assets Replacement Reserve; and

3.       Execute all documentation, consider and reject any submissions and comply with all applicable legislation as is required to give effect to Recommendation 1.

Carried Unanimously