Formal Complaint City of Wanneroo

Considering that the Compliments, Feedback and Complaints Policy that the City drafted was not legally worded, and the City’s CEO declared that I was vexatious, without any discussion or evidence to substantiate his false & misleading  statements, and that the BOO report heavily criticised the Leadership  group for not reporting the City’s evidenced breaches, why has not one Elected Member responded to my formal complaint requesting that discussion is undertaken to highlight the continued incompetence  and dishonesty shown by the City in approving  and defending the 3 non-compliant retrospective approvals for a resident who has continually breached many of the legal requirements pursuant to retrospective applications, without penalty. I respectfully ask that a motion is submitted by an Elected Member to investigate my evidenced allegations that the City has continually breached its duties and failed to deliver good, honest governance for the City’s residents, and that the CEO and the Mayor have ignored to carry out their duties in an open an honest manner which has caused damage to the reputation of the Local Government by ignoring numerous evidenced allegations into the City’s' mishandling  of what should have been a very simple matter, but has now resulted in a very, substantial amount of wasted rate payer funds & resources, solely due to the City's evidenced incompetence, which was not covered by the "investigative scope" set by the City in the secretive BOO report.

Response by Executive Manager Governance & Legal

The decision to declare a complainant a vexatious complainant was undertaken in accordance with the provisions of the City’s approved and legally enacted Compliments, Feedback and Complaints Policy.  As part of that process, Council was informed and engaged in implementing a complaint management protocol that remains current. 

In response to a complaint to the Ombudsman, the City agreed to amend the Compliments, Feedback and Complaints Policy to refer to ‘unreasonable complainant conduct’ and to maintain the complaint management protocol.  The Ombudsman agreed with the City’s approach and confirmed that the complaint is now resolved. 

The City’s Audit and Risk Committee (of which all Councillors and the Mayor are members) is satisfied with the outcomes of the two internal reviews and the independent investigation undertaken by BDO noting that the complainant refused to participate in the independent investigation. This City is also satisfied with the processes to resolve the compliance issues. 

Further the City continues to discharge its statutory obligations but will not engage in relation to any complaints or compliance matters that have already been investigated or resolved.

1.         The State Government is undertaking the District Structure Plan for East Wanneroo, and as a result of that administration has developed a draft amended LPP5.3. Since Administration has known for some time that the District Structure Plan is imminent, why has it not developed or decided on a method of development contributions for the future development of East Wanneroo?

Response by Director Planning & Sustainability

The District Structure Plan is being prepared by the West Australian Planning Commission through the Department of Planning Lands and Heritage, it is not being prepared by the City of Wanneroo, whilst Administration is liaising with the Department it is not the City’s document and therefore cannot determine exactly what will be included within that draft document.

2.       My understanding of the uses of the developer contributions as stated in the policy, it is for items such as roads, infrastructure, community facilities, public spaces, etc. Then can the developer contributions cannot used to upgrade existing infrastructure such as roads and libraries?

Response by Director Planning & Sustainability

Yes, they can be used to upgrade existing infrastructure whether it is roads or enhancing and improving the provision of existing facilities. There is an opportunity to increase existing infrastructure.

3.         Is that an increase or upgrade?

Response by Director Planning & Sustainability

That could be an upgrade to an existing road or increasing existing community facilities.

4.         Given that the subject land is bounded by Dundebar, Steven and Belgrade Roads and these roads have existed over 38yrs, what are the developer contributions required from our developers going to be used for since the retirement village will have its own internal roads, community centre, open space all of which will be constructed by the developer and not the City.

Response by Director Planning & Sustainability

The residents of the proposal will still use the facilities that would be created through the developer contributions plan. It is a requirement of the City’s current developer contribution arrangements for the established areas of East Wanneroo for these forms of development to contribute towards developer contributions, which would be consistent with the approach that Council has adopted.

5.         I didn’t understand that.

Response by Director Planning & Sustainability

I believe the question is would the residents of the proposed facilities utilise the infrastructure that would be provided through the developer contribution arrangement. That is the case, these sorts of facilities will contribute towards the need for additional infrastructure within the East Wanneroo area, and therefore it is reasonable for the developer of the site to contribute towards the developer contributions plan.

6.       Can administration confirm that a discussion with the developer following last week’s Briefing Session to discuss the amount of the developer contributions, and that the advice provided was that a definite amount could not be determined and could be in the range $300,000 to $5million? It was difficult to access and a figure could not be given. Given this large range why has a preliminary calculation of $5million been stated in a public document especially when these costs are also associated to the provision of regional roads and local open space, neither of which are required by the proposed retirement village.

Response by Director Planning & Sustainability

There was a telephone conversation with the applicant in relation to what occurred at the Briefing Session, administration cannot confirm what the content or detail of what a future developer contribution arrangement will be at this stage. It is unknown until that future work is done through the District Structure Plan and then through an amendment to the scheme to determine what the level of contribution will be.

7.       As a specific figure could not been given, there was a range of pricing examples given of what they might be from $300,000 to $5million, why was the $5million figure was put into the public document?

Response by Director Planning & Sustainability

It is not possible to provide what the developer contributions maybe, the figure included in the report provides an approximate indication of what the developer contributions maybe by applying the formula that has been used in existing East Wanneroo Cells and applying the Alkimos Eglington developer contributions arrangement to the context of this site. However at this stage it cannot be confirmed what that figure is.

8        Is administration aware that the figure of $5million is likely to hinder development in this area for many years?

Response by Director Planning & Sustainability

The way that developer contributions arrangements work in the context of the existing  East Wanneroo Cells is that, for each lot that is created through the sub-division process they make a contribution towards community infrastructure. In the case of Cell 4 which is the example applied to this site, the figure is $23,000 per lot that contributes towards infrastructure. The City uses this money to purchase open space, construct open space and build new roads, this has applied to the existing East Wanneroo Cells and the same principal will apply, the only caveate would be not knowing the exact figure will be.

9.       If the figure is difficult to access and cannot be determined at this time and is still under research,  then would it not have been better to leave the amount out of the papers?

Response by Director Planning & Sustainability

Administration wanted to give Elected Members an approximate cost of possible future developer contributions and what the risk maybe if Council did not seek to obtain a legal agreement. The implications being if the developer at this site does not contribute towards developer contributions infrastructure, then this would need to be made by others which is a risk to other developers within East Wanneroo or the City.

10.     It is my understanding that the paper work supplied by the applicant has already stressed clearly that they are willing to signed an agreement to pay developer contributions.

Response by Mayor Roberts

Taken as a statement.

The City of Wanneroo, Building a Future Together Long Term Financial Plan 2016-2035 p11. The balance of the Alkimos Eglinton DCP is slowly growing in advance of the first facilities required, however there is not currently adequate income being generated in Yanchep. The Two Rocks DCP to fund the delivery of identified facilities. In the case of the Yanchep Two Rocks DCP the decision to deliver the facilities in advance of the contributions being collected. Why then is the proposed retirement village complex not worthy of the same flexibility and consideration?

Response by Director Planning & Sustainability

That was a very different context, that was about the provision of community infrastructure, district ovals and surf lifesaving club which the City agreed with the land developers to prefund the provision of those facilities. This is a private development proposal and whilst it still will provide a community facility, it is still a private development and is not intended that this would be funded through the developer contributions arrangements. This development will contribute towards boarder infrastructure required in the area.

Moved Cr Treby, Seconded Cr Simpkins

That the minutes of the Ordinary Council Meeting held on 29 May 2018 be confirmed.

/

Carried Unanimously

Wanneroo celebrates best practice award for its Annual Report 2016/17

The City of Wanneroo’s Annual Report is produced to provide our community with information on how we have performed each year. As a Council we believe it is important to be open to our community, so we have made a conscious decision to go beyond the minimum statutory reporting requirements for our Annual Report. 

I was proud to be present last week when the City of Wanneroo was awarded a GOLD award for its Annual Report 2016/17 at the Australasian Reporting Award Gala Event held on 20^th June.

These Awards are open to any organisation in Australia, New Zealand and Asia, and was established more than 60 years ago to encourage effective communication of financial and organisational information.  The Awards provide the City of Wanneroo with the opportunity to benchmark our reporting against the Award’s comprehensive criteria that is aligned to best practice reporting.  

This is the third year that the City has received an Award from the Australasian Reporting Awards with commendations across all the criteria for this report; it serves to confirm Council’s commitment to continue to provide our Community with high quality performance information in a clear and concise format. 

The Annual Report was developed collaboratively by officers from across the Administration. One representative from the Annual Report working group is present this evening to receive this Award, and I would like to take the opportunity to commend the Director Corporate Strategy & Performance and all involved for their work in this important area.

Cr Treby presented a petition of 15 signatures requesting the continuation of the concrete footpath in front of the unit complex at 1 Brendale Place, Landsdale. (Trim 18/209872)

Update

Prior to Council receiving the petition, Administration supported a request for the installation of a short section of pathway and crossing point to assist residents of Mossfiel Retreat to access Landsdale Shopping Centre. Construction works are being scheduled to have the pathway installed by 10 July 2018.

Cr Treby presented a petition of 169 signatures thanking the City for the basketball court and requesting additional upgrades to Belvoir Park, Darch (Trim 18/172680)

Update

Report being presented to Council 26 June 2018.

Cr Sangalli presented a petition of 287 signatures requesting a site for a Rider Education Centre and Bike Park in the North Coast Ward to provide a safe place for youth to learn to ride and learn the road rules away from traffic. (Trim 18/197875)

Update

Report being presented to Council 26 June 2018.

Cr Newton presented a petition of 148 signatures requesting that Meadowlands Drive, Mariginiup be designated as a local road only, with no logging or mining truck access to Silver Road allowed due to it being part of the SBS School Bus Service route and that it is located in a Special Rural Equestrian Estate which is a small, quiet, safe community where residents and their children and pets walk the streets, ride their bikes, catch the school bus and ride horses in a very safe environment (Trim 18/198379)

Update

Report being presented to Council for August 2018.

File Ref:                                              32361 – 18/191919

Responsible Officer:                          Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       4         

Substantive Motion

Moved Mayor Roberts, Seconded Cr Zappa

That Council by an ABSOLUTE MAJORITY:-

1.       ADOPTS the unbranded Corporate Business Plan 2018/19 – 21/22 (Attachment 1);

2.         ADOPTS the Annual Budget for the Financial Year Ending 30 June 2019 (Attachment 2), incorporating:

2.1     Statement of Comprehensive Income, showing Total Comprehensive Income of          $62,749,187 Surplus.

2.2     Statement of Cash Flows, showing cash at end of year position of $349,072,643.

2.3     Rate Setting Statement, showing the need to generate $131,005,140 through the levying of Rates.

2.4      The Notes To and Forming Part of the Budget.

2.5      2018/19 Schedule of Fees & Charges (effective from 2 July 2018), and

2.6     2018/19 Capital Program (including 2017/18 Carry Forward Projects).

3          AGREES to waive the 2018/19 Council Rates (excluding Emergency Services Levy) for the following community groups, in accordance with Section 6.47 of the Local Government Act 1995:

1.       AJS Motorcycle Club of WA Inc.;

2.       Kingsway Football & Sporting Club Inc.;

3.       Olympic Kingsway Sports Club;

4.       Pinjar Motorcycle Park Inc.;

5.       Quinns Mindarie Surf Lifesaving Club Inc.;

6.       Quinns Rocks Sports Club Inc.;

7.       The Badminton Association of WA Inc.;

8.       Tiger Kart Club Inc.;

9.       Vikings Softball Club Inc & The Wanneroo Giants Baseball Club Inc.;

10.     Wanneroo Agricultural Society;

11.     Wanneroo Amateur Boxing Club;

12.     Wanneroo Amateur Football Club, Wanneroo Cricket Club, Wanneroo Junior Cricket Club and Wanneroo Junior Football Club (Wanneroo Showgrounds Clubrooms);

13.     Wanneroo BMX Club; 

14.     Wanneroo City Soccer Club Inc.;

15.     Wanneroo Districts Cricket Club Inc. (indoor facility);

16.     Wanneroo Districts Cricket Club Inc. & Wanneroo Districts Hockey Association Inc.;

17.     Wanneroo Districts Netball Association;

18.     Wanneroo Districts Rugby Union Football Club Inc.;

19.     Wanneroo Horse & Pony Club;

20.     Wanneroo Racing Pigeon Club;

21.     Wanneroo Shooting Complex Inc.;

22.     Wanneroo Sports & Social Club Inc.;

23.     Wanneroo Tennis Club;

24.     Wanneroo Trotting & Training Club Inc.;

25.     West Australian Rifle Association Inc.;

26.     Yanchep Golf Club;

27.     Yanchep Sports & Social Club Inc.;

28.     Yanchep Surf Lifesaving Club Inc.; and

29.     Youth Futures WA Inc.

4          In accordance with the provisions of Sections 6.32, 6.33 and 6.35 of the Local Government Act 1995:

4.1     IMPOSES Differential Rates and Minimum Rates for the 2018/19 Financial Year;

4.2     NOTES that the Differential Rates and Minimum Rates for the 2018/19 Financial Year are exclusive of Domestic Rubbish Collection Charges; and

4.3     IMPOSES the 2018/19 Gross Rental Value Differential Rates and Minimum Rates as follows, subject to the provisions of Sections 6.32, 6.33 and 6.35 of the Local Government Act 1995: -

4.4     IMPOSES the 2018/19 Unimproved Value Differential Rates and Minimum Rates as follows, subject to the provisions of Sections 6.32, 6.33 and 6.35 of the Local Government Act 1995: -

5          AGREES to offer the following payment options and incentives for the payment of Rates & Charges, Domestic Rubbish, and Private Swimming Pool Inspection Fees in accordance with the provisions of Section 6.45 of the Local Government Act 1995,:

5.1     One Instalment –

·      Payment in full within thirty-five (35) days of the issue date of the Annual Rate Notice (7 September 2018).

·      Eligibility to enter the incentive draw.

5.4      Two Instalments –

·      The first instalment of 50% of the total current Rates & Charges, Domestic Rubbish, Private Swimming Pool Inspection Fees and Instalment Charge, plus the total outstanding arrears payable within thirty-five (35) days of date of issue of the Annual Rate Notice (7 September 2018).  

·      Eligibility to enter the incentive draw.

·      Second Instalment sixty-three (63) days after due date of first instalment (9 November 2018). 

·      Eligibility to enter the incentive draw.

5.5      Four Instalments –

·      The first instalment of 25% of the total current Rates & Charges, Domestic Rubbish, Private Swimming Pool Inspection Fees and Instalment Charge, plus the total outstanding arrears payable within thirty-five (35) days of date of issue of the Annual Rate Notice (7 September 2018).

The second, third and fourth instalments each of 25% of the total current Rates & Charges, Private Swimming Pool Inspection Fees and Instalment Charge, payable as follows:

Second Instalment sixty-three (63) days after due date of first instalment (11 November 2018).

Third Instalment sixty-three (63) days after due date of second instalment (11 January 2019).

Fourth Instalment sixty-three (63) days after due date of third instalment (15 March 2019).

·      Eligibility to enter the incentive draw.

6          IMPOSES, In accordance with the provisions of Sections 6.13 and 6.51 of the Local Government Act 1995, interest on all arrears and current charges in respect of Rates & Charges , Domestic Rubbish and Private Swimming Pool Inspection Fees (including GST where applicable) at a rate of 8.45% per annum.  This amount will be calculated on a simple interest basis on arrears amounts that remain unpaid and current amounts that remain unpaid after thirty-five (35) days from the issue date of the Original Rate Notice (7 September 2018), or the due date of the instalment and continues until instalment is paid, excluding:

•        Deferred Rates;

•        Instalment current amounts not yet due under the Four (4) payment options;

•        Registered Pensioner Portions; and

•        Current Government Pensioner Rebate amounts.

Such interest is to be charged once per month on the outstanding balance on the day of calculation for the number of days, as previously detailed.

7.       IMPOSES, in accordance with the provisions of Section 6.45 of the Local Government Act 1995, for the 2018/19 Financial Year, the following Administration Fees & Charges for payment of Rates & Charges, Domestic Rubbish and Private Swimming Pool Inspection Fees:

7.1     Two Instalment Option -

An Administration Fee of $5.00 for Instalment Two, together with an Interest Charge of 5.5% per annum, calculated on a simple interest basis on:

50% of the total current General Rate & Charges, Domestic Rubbish and Private Swimming Pool Inspection Fees calculated thirty-five (35) days from the date of issue of the Annual Rate Notice to sixty-three (63) days after the due date of the first instalment.

7.2     Four Instalment Option -

An Administration Fee of $5.00 for each of Instalment Two, Three and Four, together with an Interest Charge of 5.5% per annum, calculated on a simple interest basis on:

•        75% of the total current General Rate & Charges, Domestic Rubbish and Private Swimming Pool Inspection Fees calculated thirty-five (35) days from the date of issue of the Annual Rate Notice to sixty-three (63) days after the due date of the first instalment;

•        50% of the total current General Rate & Charges, Domestic Rubbish and Private Swimming Pool Inspection Fees calculated from the due date of the Second (2nd) Instalment to the due date of the Third (3rd) Instalment; and

•        25% of the total current General Rate & Charges, Domestic Rubbish and Private Swimming Pool Inspection Fees calculated from the due date of the Third (3rd) Instalment to the due date of the Fourth (4th) Instalment.

8.         ADOPTS, for the purposes of reporting material variances for Operational Costs and Capital expenditure for the 2018/19 Financial Year, a percentage of 10% together with minimum values of $100,000 in accordance with Regulation 34(5) of the Local Government (Financial Management) Regulations 1996.

9.         ENDORSES the following discretionary transfers to and from reserves (as detailed in Attachment 2), to ensure adequate funding is available over the longer term:

1.         $2,000,000 to the Asset Renewal Reserve;

2.         $2,000,000 to the Asset Replacement Reserve;

3.         $3,000,000 to the Coastal Infrastructure Management Reserve;

4.         $500,000 to the Land Acquisition Reserve;

5.         $50,000 to the Leave Liability Reserve;

6.         $3,000,000 to the Regional Open Space Reserve; and

7.       $9,364,897 from the Strategic Projects/Initiatives Reserve.

10.      ENDORSES the closure of the following reserves:

1.         Butler Collaborative Planning Agreement Reserve;

2.         Fleming Park Lake Reserve; and

3.       HACC Asset Replacement Reserve.

Procedural Motion

Moved Cr Treby, Seconded Cr Cvitan

That an extension of time to speak be granted to Cr Zappa.

CARRIED UNANIMOUSLY

The Substantive Motion was Put and

Carried by absoulte majority

13/0

Cr Zappa declared an indirect financial interest in Item CS01-06/18 due to his employer RSM Australia Pty Ltd being engaged as auditors of Olympic Kingsway Sports Club for the review of historic financial information only. Cr Zappa then requested permission to participate in discussion and decision in relation to Recommendation NO.3 as per “Section 5.68 (1) of the Local Government Act 1995” due to the fee rendered being insignificant to the whole audit practise of his employer.

Cr Zappa left the meeting, the time being 7:44pm.

Mayor Roberts requested Members consider Cr Zappa’s request to be allowed to return to the meeting and remain for Item CS01-06/18 Recommendation NO.3 if Cr Zappa’s declaration of interest and the extent of the interest is considered trivial.

Motion to allow Cr Zappa to remain in the meeting

Moved Cr Sangalli, Seconded Cr Treby

That, in accordance with Section 5.68() of the Local Government Act 1995,  Cr Domenic Zappa be allowed to return to the meeting and remain for Item CS01-06/18 Recommendation NO.3 as his declaration of interest and the extent of the interest is considered so trivial as to be unlikely to influence his conduct in relation to the matter.

Carried Unanimously

Cr Domenic  Zappa returned to the meeting, the time being 7:45pm.

Moved Mayor Roberts, Seconded Cr Treby

That Council by an ABSOLUTE MAJORITY:-

3.       AGREES to waive the 2018/19 Council Rates (excluding Emergency Services Levy) for the following community groups, in accordance with Section 6.47 of the Local Government Act 1995:

1.       AJS Motorcycle Club of WA Inc.;

2.       Kingsway Football & Sporting Club Inc.;

3.       Olympic Kingsway Sports Club;

4.       Pinjar Motorcycle Park Inc.;

5.       Quinns Mindarie Surf Lifesaving Club Inc.;

6.       Quinns Rocks Sports Club Inc.;

7.       The Badminton Association of WA Inc.;

8.       Tiger Kart Club Inc.;

9.       Vikings Softball Club Inc & The Wanneroo Giants Baseball Club Inc.;

10.     Wanneroo Agricultural Society;

11.     Wanneroo Amateur Boxing Club;

12.     Wanneroo Amateur Football Club, Wanneroo Cricket Club, Wanneroo Junior Cricket Club and Wanneroo Junior Football Club (Wanneroo Showgrounds Clubrooms);

13.     Wanneroo BMX Club;

14.     Wanneroo City Soccer Club Inc.;

15.     Wanneroo Districts Cricket Club Inc. (indoor facility);

16.     Wanneroo Districts Cricket Club Inc. & Wanneroo Districts Hockey Association Inc.;

17.     Wanneroo Districts Netball Association;

18.     Wanneroo Districts Rugby Union Football Club Inc.;

19.     Wanneroo Horse & Pony Club;

20.     Wanneroo Racing Pigeon Club;

21.     Wanneroo Shooting Complex Inc.;

22.     Wanneroo Sports & Social Club Inc.;

23.     Wanneroo Tennis Club;

24.     Wanneroo Trotting & Training Club Inc.;

25.     West Australian Rifle Association Inc.;

26.     Yanchep Golf Club;

27.     Yanchep Sports & Social Club Inc.;

28.     Yanchep Surf Lifesaving Club Inc.; and

29.     Youth Futures WA Inc.

Carried by absoulte majority

13/0

File Ref:                                              33312 – 18/131599

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Recommendation

That Council:-

Pursuant to Section 75 of the Planning and Development Act 2005 REFUSES TO initiate proposed Amendment No. 163 to District Planning Scheme No. 2 for the following reasons:

1.       The proposed additional uses are considered urban in nature and therefore are inconsistent with the urban deferred zoning under the Metropolitan Region Scheme and Draft Lifting of Urban Deferment Guidelines;

2.       The proposal is premature and contrary to Clause 2.2.2 of Local Planning Policy 5.3 in that it would prejudice the effective undertaking of the planning process set out in the policy, and the ability for urban and related development to be able to occur in the Policy area in an orderly and proper manner; and

3.       The proposal is premature as it does not meet the relevant criteria for planning proposals as required by Clause 1.5 of the Draft Amended Local Planning Policy 5.3. The City has particular concern regarding the high risk to the City in not having the proposed voluntary agreement in place to provide for payment of development contributions which are proposed to be required through future Development Contribution Plans to be prepared for the proposed East Wanneroo urban area.

LAPSED FOR WANT OF A MOVER

Alternative Recommendation

Moved Cr Cvitan, Seconded Cr Fenn

That Council:

1.         Subject to the respective landowners of lots 10 (170) and 11 (176) Dundebar Road Wanneroo, and of lots 29 (107) and 28 (111) Belgrade Road, Wanneroo, entering into a voluntary and binding legal agreement with the City:

(a)       that secures the respective landowners future obligations to pay development contributions once known; and

(b)       on terms that are satisfactory to the City,

CONSIDERS appropriate to initiate proposed Amendment No. 163 to District Planning Scheme No. 2

2.         AUTHORISES the Chief Executive Officer to negotiate the terms of the proposed legal agreement referred to in resolution 1 above; and

3.         REQUIRES the Chief Executive Officer to present a further report to Council detailing the outcome of the negotiations for Council to determine if the terms of the proposed legal agreement are acceptable and satisfactory so as to enable Council to formally initiate proposed Amendment No. 163 to District Planning

Carried Unanimously

Reason for Alternative Motion

Proposed amendment No. 163 to District Planning Scheme No. 2 will facilitate the future development of much needed local facilities within the City for a retirement village and nursing home.  Although the proposed amendment will enable planning for this development to occur prior to the required comprehensive planning of the East Wanneroo area, I consider that given the location of the subject land adjacent to the existing urban front and its proximity to the Wanneroo Town Centre make it conducive to being developed prior to the required planning for the area.  Most of the outstanding matters identified in the draft LPP 5.3 and by Administration can be provided at a later stage of the planning process, however, on the matter of the provision of developer contributions it is important that a binding voluntary legal agreement is in place between the City and the landowners to ensure developer contributions can be secured to contribute to the future delivery of essential infrastructure. This will ensure that the landowner will contribute to future infrastructure and community facilities for the East Wanneroo area.   Once a legal agreement is in place the amendment can be initiated.

File Ref:                                              2957-06 – 17/303128

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       7         

Moved Cr Cvitan, Seconded Cr Flood

That Council:-

1.       Pursuant to Clause 20(2)(e) of the deemed provisions of the City of Wanneroo District Planning Scheme No. 2 recommends APPROVAL to Western Australian Planning Commission of Amendment No. 6 to Drovers Place Precinct Agreed Structure Plan No. 80 (ASP 80) submitted by Roberts Day on behalf of the Roman Catholic Archbishop of Perth and included as Attachment 3 subject to the following modifications:

ASP 80 Map

a)      To modify Plan No. 2 by indicating the width of the Asset Protection Zone (APZ) as 24.1 and 26.7 metres along the western and southern boundary respectively and amending the design to avoid residential development within the APZ to the satisfaction of the City of Wanneroo and the Western Australian Planning Commission.

b)      To depict the densities as R-MD 30, R-MD 40 and R-MD 60 on Plan No. 2.

Part 1 – Implementation

a)      To include in Part 1 of the amendment document the following additional provisions:

4.5 (c)        Design and construction of the proposed shared path where it abuts the amendment area within Lots 20, 22 and 28 Drovers Place, Wanneroo owned by the Ministry for Planning and Infrastructure in consultation with the Western Australian Planning Commission and the City of Wanneroo.

b)      To add the following in Clause 4.7 Additional Information:

2.       ADVISES the applicant and the submitters of this decision.

Carried Unanimously

File Ref:                                              DA2017/1642 – 18/181509

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Cvitan, Seconded Cr Flood

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2, APPROVES the Development Application (DA2017/1642), as shown in Attachment 2, for a Change of Use to a Residential Building at Lot 406 (28) Whipbird Road, Alkimos subject to the following conditions:

a)      This approval only relates to the proposal 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 six (6).

e)      The use shall be operated in accordance with the “Management Plan” dated 16 March 2018, 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)      A minimum of 2 car parking bays shall be provided on site. Parking shall be arranged, so as to ensure that there is no parking on the road verge or parking on the road that will obstruct 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 Ready Consultants, dated 15 December 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.

Kimberly Swift

141 Graceful Boulevard, Alkimos

1.1

Objects to the proposal

Noted.

No modification required.

1.2

Considers that the application is in breach of approval from Lendlease who will be responsible for ongoing works in the estate.

This is not a relevant planning consideration. The City is not a party to any agreements between the landowner and Lendlease regarding these approvals. It is the landowner’s responsibility to ensure compliance with all relevant legislation and requirements.

No modification required.

1.3

Does not consider the applicants reasoning for providing accommodation in Alkimos to suit those driving to Geraldton (or further) as justifiable given the distance.

The Residential Building is located within metropolitan Perth and is considered to be suitable for long distance accommodation.  The application has been assessed against the criteria set out in the Western Australian Planning Commission’s (WAPC) Planning Bulletin 99 – Holiday Homes Guidelines (Planning Bulletin 99), which includes zoning, proximity to amenities and transport. The application is considered to meet the requirements of the relevant provisions. In addition to this, a Residential Building is a Discretionary’ land use within the Residential Zone under the City’s District Planning Scheme No.2 (DPS2), and is capable of being considered in the location.

No modification required.

1.4

·                The Alkimos Eglington District Structure Plan 18 (DSP 18 lists the guiding principal of

·                ‘Facilitating the creation of healthy communities in terms of lifestyles and social cohesion.’ The objector considers that the addition of short term accommodation will not encourage a healthy community with the Estate being so new.

·                The Residential Building offers an alternative form of accommodation in the area. The applicant has advised that in addition to tourists, many of their previous tenants have been recent migrants and people visiting friends or family who live nearby. Therefore, this Residential Building is considered to provide diverse accommodation opportunities to visitors of the area and as such will facilitate the creation of healthy communities, and therefore the subject application is considered acceptable.

No modification required.

1.5

The submitter states that the property is currently being used as a single home with additional ancillary accommodation. Adds that there is an existing fence separating the yard with an additional gate labelled “28B” facing Graceful Boulevard.

Noted. The City has not received or approved an application for Ancillary Accommodation. The applicant also has advised that Ancillary Accommodation is not provided on site. Notwithstanding, the use as a residential building is being considered for the whole house, not for individual areas. Should guest numbers and parking requirements still be satisfied, is would be considered to meet compliance.

Recommended that a condition is applied applying the use to the whole house, in lieu of individual spaces.  

1.6

The submitter states the property has little to no landscaping and no privacy fencing to the front of the lot meaning the rear yard is exposed to the street.

Noted. The Residential Design Codes (R-Codes) do not require landscaping to the front or rear of the property for Single Houses. Privacy screening is required between adjoining properties for outdoor living areas which have a floor area of more than 0.5m above natural ground level. Privacy fencing or screening is not required to the secondary street.

No modification required.

1.7

Safety concerns with entry and exit points for up to 6 people given the home is located within a bushfire zone.

Noted. The applicant has provided a Bushfire Management Plan (BMP) in accordance with the requirements of State Planning Policy 3.7: Planning for Bushfire Prone Areas (SPP 3.7). As part of the BMP, the access requirements of SPP 3.7 have been satisfactorily addressed.

No modification required.

1.8

Safety concerns with unknown persons staying at the property; not properly screened

Noted. This is not a relevant planning consideration. Anti-social behaviour or criminal activity is a matter for the Western Australian Police who can enforce and infringe where non-compliance with the law occurs. The applicant has advised that guests will be reviewed and future bookings will be declined if there are concerns regarding the nature of their stay. Approved guests need to comply with the code of conduct which is available on premises.

No modification required.

1.9

Concerns with parking arrangements should there be up to 6 guests in the home. Also noted that there are limited public transport options which would further increase the use of a vehicle.

Car parking is to be compliant with the Management Plan. The application provides two on-site car parking bays within the existing garage. The applicant has advised that the majority of patrons have been families or guests travelling together. In this case, the ratio takes children who are unable to drive into consideration. It is also noted that there are two on street bays to the north of the subject site which may be used for overflow parking and visitor parking, if required. Should parking become an issue for the site, substantiated complaints will be taken into consideration should the applicant reapply for planning approval following the initial 12 month approval period.

No modification required.

1.10

Concerns with loss of ‘family friendly’ concept of the estate which Lendlease has aimed at creating. Also worried that those living in the area will not interact with each other should short stay accommodation be allowed.

The City is not affiliated with Lendlease’s concept for the estate. Notwithstanding, a Residential Building is a discretionary (‘D’) land use within the Residential Zone which can be considered.

No modification required.

1.11

Concerns that those staying at the property may engage in anti-social behaviour and increased noise levels.

In regards to anti-social behaviour refer to comment 1.8. In regards to noise, approved guests need to comply with the code of conduct. Noise shall be limited between 10pm and 8am, as noted in the management plan provided by the applicant and the noise regulations.

No modification required.

1.12

The submitter states that the property is already being advertised on various lodging sites.

It is noted that the Residential Building is currently in operation as such, the applicant is currently seeking approval for the Change of Use to a Residential Building.

No modification required.

File Ref:                                              DA2018/177 – 18/178393

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

That Council:-

1.       Pursuant to Clause 29(3) of the Metropolitan Region Scheme (MRS) NOT SUPPORT the development application for a Telecommunications Infrastructure at Lot 11 (30) Tranquil Drive, Carramar for the following reasons;

a.       The proposal is not consistent with the use of the Parks and Recreation Reserve as per Development Control Policy 5.3: Use of Land Reserved for Parks and Recreation and Regional Open Space (DC5.3);

b.       The proposal does not comply with Criteria L2 or D2 of the City’s Local Planning Policy 2.5: Telecommunications Infrastructure (LPP 2.5), or Policy Measure 5.1.1(ii) of State Planning Policy 5.2: Telecommunications Infrastructure (SPP 5.2); and

c.       The proposal does not satisfy Clause 67 of the Deemed Provisions of the City’s District Planning Scheme No. 2 for Matters to be Considered by Local Government in determining a development application.

2.       Pursuant to Clause 29(3) of the Metropolitan Region Scheme (MRS) FORWARD the development application for a Telecommunication Infrastructure at Lot 11 (30) Tranquil Drive, Carramar, and a copy of Council’s report and recommendation to the Western Australian Planning Commission.

3.       ADVISES the submitters of its decision and ultimately advises the submitters of the Western Australian Planning Commission’s decision.

Procedural Motion

Moved Cr Treby, Seconded Cr Cvitan

That the Motion be deferred for further investigation.

Carried Unanimously

File Ref:                                              DA2017/282 – 17/397671

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

Moved Cr Newton, Seconded Cr Fenn

1.       That Council, pursuant to Clause 68(2)(c) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2 REFUSES the Development Application (DA2017/282) for Nine Multiple Dwellings at Lot 16 (50A) Frederick Street, Wanneroo as shown in Attachment 2 of this report, for the following reasons:

a.       Approval of the application would be contrary to the following matters to be considered by Council in exercising its discretion under Clause 67 of the Deemed Provisions of DPS 2:

i.       Clause 67 (f), as the proposal does not have due consideration for the Draft State Planning Policy 7.3 Design of the Built Environment and associated Draft Apartment Design Policy.

ii.      Clause 67(p), as the proposed landscaping provided is considered inadequate for the development.

iii.     Clause 67(m) and Clause 67(n)(ii), as the proposal does not demonstrate how it is compatible with the character of the locality, by way of its appearance, and potential impact on the streetscape and adjoining residential properties;

b.      The application has not had due regard to the Draft State Planning Policy 7.3 Design of the Built Environment and associated Draft Apartment Design Policy as the application does not satisfy the Design Criteria and/or Design Guidance, including but not limited to, Deep Soil Areas, Pedestrian Access and Entries, Private Open Space and Balconies and Building Facades.

2.      ADVISES the submitter(s) of its decision.

Carried Unanimously

File Ref:                                              3389-D2 – 18/176277

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       10         

Moved Cr Sangalli, Seconded Cr Fenn

That Council:-

1.       Pursuant to Section 31(2)(c) of the State Administrative Act 2004 (WA) RESOLVES to SET ASIDE its previous decision of 5 December 2017 to refuse the amended Local Development Plan Zamia Rise Dunes, Yanchep, and APPROVES under Clause 52(1)(a) of the Deemed Provisions of District Planning Scheme No. 2 (DPS 2) the revised Local Development Plan as shown in Attachment 7.

2.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of DPS 2 APPROVES the Development Application (DA2018/300) seeking retrospective approval for Single House Additions (Outbuilding and Retaining Wall) at Lot 787 (33) Cave Loop, Yanchep, as shown in Attachment 8, subject to  the following conditions:

a)      This approval relates only to the proposed Single House Addition (Outbuilding and retaining wall) as indicated on the approved plans. It does not relate to any other development on the lot.

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

c)      The outbuilding shall be used for purposes that are ancillary to the residential use of the property, and shall not be used for commercial or industrial purposes or for human habitation.

d)      The approved revegetation plan contained in Attachment 9 of this report shall be implemented and maintained to the satisfaction of the Manager Land Development.

3.       ADVISES the State Administrative Tribunal and the submitter of the above decision.

Carried Unanimously

File Ref:                                              6671 – 18/211243

Responsible Officer:                          Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.       ADOPTS the Asset Management Policy as shown in Attachment 1; and,

2.       ADOPTS the Asset Management Strategy as shown in Attachment 2.

Carried Unanimously

File Ref:                                              30257 – 18/202129

Responsible Officer:                          Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Cvitan, Seconded Cr Driver

That Council ENDORSES the City’s response to WALGA’s ‘Review of the WALGA Waste Levy Policy Statement 2009’ Discussion Paper, as contained in Attachment 2.

Carried Unanimously

File Ref:                                              28103 – 18/178797

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Aitken, Seconded Cr Zappa

That Council:

1.       ENDORSES the Appleby Park Concept Plan (Option 2), as shown in Attachment 2 of this report;

2.       NOTES that a budget of $300,000 for construction of Appleby Park is proposed as part of the draft 2018/19 Capital Works Budget;

3.       NOTES that construction of the proposed development is planned to commence in February 2019 and be concluded by May 2019; and

4.       RECOGNISES and THANKS the community for its involvement in the community consultation component of the project.

Carried Unanimously

File Ref:                                              1498 – 18/207182

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Aitken, Seconded Cr Zappa

That Council:

1.       NOTES the petition PT02-05/18 tabled at its Ordinary Council Meeting of 29 May 2018;

2.       NOTES that he following items will be listed for consideration in the City’s Long Term Financial Plan;

·        2 x pieces of play equipment;

·        2 x benches;

·        BBQ;

·        Drinking fountain;

·        Bike rack;

·        Security lighting; and

·        Bin/(s).

3.       NOTES that the following items are above the standard set by the City’s Local Planning Policy 4.3 – Public Open Space and as a result have not be considered for future provision:

·        Expansion to the basketball court;

·        Trampoline;

·        Football / soccer goals;

·        Field markings;

·        Small skate park / half pipe; and

·        Four square court.

4.       AUTHORISES the Director Community and Place to advise the petition organisers of the outcomes of this report.

Carried Unanimously

File Ref:                                              30235 – 18/211277

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Moved Cr Aitken, Seconded Cr Zappa

That Council:-

1.       NOTES the petition PT02-05/18 tabled at the Ordinary Council Meeting of 29 May 2018;

2.       NOTES the continued development of the Cycle Wanneroo Plan and the Cycling Master Plan for Northern Coastal Corridor, being the two primary planning projects to inform the future development of cycling facilities within the City of Wanneroo; and

3.       AUTHORISES the Director Community and Place to advise the petition organisers of the outcomes of this report.

Carried Unanimously

File Ref:                                              33004 – 18/210830

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil        

Moved Cr Zappa, Seconded Cr Coetzee

That Council:

1.       REQUESTS the Chief Executive Officer or his delegate to enter into negotiations with the Department of Fire and Emergency Services (DFES) in regard to a new  Memorandum of Understanding (MoU) and to present this new MoU to Council once the CEO is satisfied with the content;

2.       NOTES that Administration is seeking a three month extension to the current MoU from 1 July 2018 – 30 September 2018 whilst these negotiations take place; and

3.       REQUESTS the assistance of the WA Local Government Association to advocate on the key issues identified by the City necessitating the review and amendment of the City’s current MoU with DFES on the basis that these may being experienced across the Local Government sector.

Amendment

Moved Cr Newton, Seconded Mayor Roberts

1.         That recommendation NO.1 be amended as follows:

“1.     Requests the Chief Executive Officer or his delegate to enter into negotiations with the Department of Fire and Emergency Services (DFES) in regard to a new Memorandum of Understanding (MoU) and to present this new MoU to Council once the CEO is satisfied with the content for a term no less than of three years and present the new MoU to Council once the CEO is satisfied with the terms and DFES is supportive of entering into the MoU.”

2.         That the word “further” be added to recommendation NO.2 as follows:

“2.     NOTES that Administration is seeking a further three month extension to the current MoU from 1 July 2018 – 30 September 2018 whilst these negotiations take place; and”

carried Unanimously

Substantive Motion as Amended

That Council:-

1.       Requests the Chief Executive Officer or his delegate to enter into negotiations with the Department of Fire and Emergency Services (DFES) in regard to a new Memorandum of Understanding (MoU) for a term of no less than three years and present the new MoU to Council once the CEO is satisfied with the terms and DFES is supportive of entering into the MoU;

2.       NOTES that Administration is seeking a further three month extension to the current MoU from 1 July 2018; and

3.       REQUESTS the assistance of the WA Local Government Association to advocate on the key issues identified by the City necessitating the review and amendment of the City’s current MoU with DFES on the basis that these may being experienced across the Local Government sector.

The substantive motion as amended was put and

Carried Unanimously

File Ref:                                              20779V02 – 18/210373

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Fenn, Seconded Cr Newton

That Council:-

1.       ADOPTS the draft Access and Inclusion Plan 2018/19 – 2021/22 as shown in Attachment 1;

2.       ENDORSES the registration of the draft Access and Inclusion Plan 2018/19 – 2021/22 with the Department of Communities.

Carried Unanimously

File Ref:                                              1859 – 18/210555

Responsible Officer:                          Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Moved Cr Cvitan, Seconded Cr Fenn

That Council RECEIVES the list of payments drawn for the month of May 2018, as summarised below:-