Excess water from neighbour’s swimming pool

I have had dealings with the City for some time over the issue of the residents behind us allowing their pool water to enter our property.  The Compliance Officer filmed the water flow but said they could not do anything as occupant works away and is hard to contact and that the water is episodic.

1.            How do I measure the water that is coming through and how much do I have to put up with?

            Response by Director, Planning & Sustainability

            Question taken on notice. This will be investigated thoroughly and a solution investigated.

   Further Response by Director, Planning & Sustainability

The City’s Private Property Local Law 2001 addresses property drainage and states that:

A person shall not allow storm water or other waste water to discharge onto –

(a)  an adjoining lot without the current approval of the adjoining owner; or

(b)  on to a road reserve or other property under the care control and management of the local government without the approval of the local government.

             Unfortunately in this instance the water discharge is a result of the residents using the pool and the discharge is not specifically considered to be storm water or waste water. As such, the City is not able to enforce the provisions of the Local Law.

             However, whilst the City is unable to enforce the Local Law, it has been liaising with the adjacent property owner about installing mitigation measures along the boundary to restrict water from entering Mr Payne’s property. It is anticipated that these works will be completed over the coming weeks  Administration will continue to liaise with Mr Payne regarding this matter.

2.             What is the City’s definition of “episodic”?

            Response by Director, Planning & Sustainability

            Question taken on notice. 

            Further Response by Director, Planning & Sustainability

            The City does not have a definition of “episodic” and has only used this terminology in correspondence to define the frequency of the events leading to the water escaping from the pool.

Moved Cr Treby, Seconded Cr Sangalli

That the minutes of the Ordinary Council Meeting held on 21 August 2018 be confirmed.

Carried Unanimously

The City of Wanneroo agricultural industry contributes approximately $120m to the state, and the supply of strawberries from Wanneroo is over 50%.  Over 1000 people are employed in the Carabooda, Nowergup and Neerabup growing districts in that sector.  The City of Wanneroo will work with industry representative bodies through the Vegetables WA network and others to listen to, and work with local growers to support their productive endeavours.  State MPs are urging West Australians to keep eating our locally grown strawberries and to cut them up before consuming.  The City will advocate for local producers during this harvesting period to encourage continued take up of local supply.

CP09-09/18 Sponsorship Proposal – 2018/19 Community Events Season

This report on the sponsorship proposal from Channel 9 lists items that the City is putting on throughout the year.  What is the cost to put those items on?

Response by Director, Community & Place

The total cost to the City to deliver these events is $623,000.  The Dogs Breakfast is $47,000; City of Wanneroo Presents – the Jungle Giants is $240,000; Retro Rewind is $56,000; Global Beats and Eats is $240,000; and Live in the Amphitheatre is $87,000.

Cr Driver presented a petition of 98 signatures objecting to a rates increase to residents of Harbourside Village Mindarie. (HPE 18/363820)

Cr Newton presented a petition of 30 signatures requesting the rails to stop cyclists be removed from the path between Belgrade Road and Elizabeth Street through to Bamboore Crescent, Wanneroo to allow residents to use the path with their Gophers. (HPE 18/355737)

Cr Coetzee presented a petition of 94 signatures requesting that legislation be amended to ban the use of dongas and similar structures as Granny Flats and that a height limit be set so as not to invade neighbours clear open space or privacy in any way. (HPE 18/365612)

Cr Sangalli presented a petition of 700 signatures requesting construction of a beach access track and carpark on Crown land accessed off Two Rocks Road (near Blaxland Avenue), Two Rocks, (HPE 18/394760)

Cr Flood presented a petition of 467 signatures objecting to the application for a service station at 11 Yanchep Beach Road, Yanchep due to the potential environmental damage to public open space, the impact on traffic and the dangers posed by any fire, spillage or chemical leak to residents of an aged care facility and pupils at a nearby primary school. (HPE 18/387397)

Cr Coetzee presented a petition of 153 signatures supporting a proposed child care centre at 10 Harbour Elbow, Banksia Grove. (HPE 18/300880).

Update

A report on this matter will be presented to the next Ordinary Council Meeting.

File Ref:                                              27777 – 18/243130

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Cvitan, Seconded Cr Driver

That Council ADVERTISES the draft Local Environmental Strategy, as contained in Attachment 1, for public comment for a period of 42 days by way of the following:

1.       Advertisement in a local newspaper;

2.       Display notice of the proposal in Council offices and on the City’s website; and

3.       Letters to relevant stakeholders as determined by the Director, Planning and Sustainability.

Carried Unanimously

File Ref:                                              2949V02 – 18/345159

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Aitken, Seconded Cr Coetzee

That Council:-

1.      APPROVES the draft Capricorn Yanchep Foreshore Management Plan as per Attachment 4; and

2.      FORWARDS a copy to the Western Australian Planning Commission for its information.

Carried Unanimously

File Ref:                                              29323 – 18/350723

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Cr Sangalli nominated Cr Cvitan to be delegate. Cr Cvitan accepted the nomination.

There were no further nominations for delegate.

Cr Sangalli nominated Cr Newton to be the deputy delegate. Cr Newton accepted the nomination.

There were no further nominations for deputy delegate.

Moved Cr Fenn, Seconded Cr Newton

That Council nominates Cr Cvitan to be the City’s Elected Member delegate on the East Wanneroo District Structure Plan Community Reference Group, and Cr Newton to be the deputy delegate.

Carried Unanimously

File Ref:                                              DA2018/318 – 18/304682

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Coetzee, Seconded Cr Treby

That Council:-

1.       Pursuant to Clause 68 (2)(b) of the Deemed Provisions of District Planning Scheme No. 2, APPROVES the Development Application (DA2018/318), as shown in Attachment 2, for a Take Away Food Outlet, Child Care Centre and Three Showrooms at Lot 2 (5) Ikara Lane, Yanchep subject to the following conditions:

a)   The areas shown on the approved plan as Take Away Food Outlet, Child Care Centre and Showroom shall be used in accordance with the applicable definitions as defined in the City’s District Planning Scheme No. 2.

A change of use from that outlined above may require the approval of the City.

b)   A maximum of 69 children and 13 staff are permitted within the Child Care Centre premises at any one time.

c)   A minimum of six bicycle parking bays are to be installed in accordance with Australian Standards in the location shown on the approved site plan (DA101).

d)   The hours of operation of the Child Care Centre shall be between the hours of 7am and 7pm Monday to Friday only.

e)   The development is to comply with the recommendations in the Herring Storer Environmental Acoustic Assessment dated April 2018 by installing and screening all mechanical fixtures on the north side of the development.

f)    The safety barrier as shown on approved plan DA101 within the Ikara Lane verge shall be installed prior to occupancy to the satisfaction of the City.

g)   Planting and Landscaping shall be carried out in accordance with the approved Landscape Plan DA102 prior to the occupation of the building and thereafter maintained to the satisfaction of the City.

h)   Parking areas, driveways and points of ingress and egress shall be designed and constructed in accordance with the Australian Standard for Offstreet Carparking (AS 2890) and shall be drained, sealed, marked and maintained to the satisfaction of the Council prior to occupation of the development.

i)    The parking areas and associated access indicated on the approved plans shall not be used for the purpose of storage or obstructed in any way at any time, without the prior approval of the City.

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

k)   Waste collection and management shall be undertaken in accordance with the Cardno Waste Management Plan dated 30 July 2018. All waste shall be stored within the designated bin enclosure and collected from the site by a private contractor at the cost of the owner/occupier.

l)    Adequate measures shall be undertaken during construction to minimise any adverse impacts caused by sand drift and dust from the site.

m)  A construction management plan shall be submitted for approval when application is made for a building licence. This plan is to detail how construction will be managed to minimise disruption in the area and shall include:

i)      The delivery times for materials and equipment to the site;

ii)     Storage of materials and the location and type of equipment on site;

iii)    Parking arrangements for contractors and sub-contractors;

iv)    Construction times;

v)     Measures to minimise noise impacts on surrounding residents; and

vi)    Any other matter required by the City.

2.       ADVISES the submitters of its decision.

Carried UNANIMOUSLy

File Ref:                                              35334 – 18/307566

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Fenn

That Council:-

1.       Pursuant to Section 58 of the Land Administration Act 1997 REQUESTS the Minister for Lands to permanently close a portion of Lambrook Way, Landsdale as shown on Attachment 1.

2.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the closure.

3.       ADVISES the submittors of its decision.

Carried Unanimously

File Ref:                                              34273 – 18/261426

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       9

Previous Items:                                   PS07-05/18 - Consideration of Draft Local Planning Policy 4.23: Design Review - Ordinary Council - 01 May 2018 7.00pm       

Moved Cr Fenn, Seconded Cr Newton

That Council:-

1.       NOTES the submissions received as summarised in Attachment 4 in respect to  Local Planning Policy 4.23: Design Review Panel (LPP 4.23), ENDORSES Administration's responses to those submissions, and ADVISES submitters of its decision;

2.       Pursuant to Clause 4(3)(b)(ii) of the Deemed Provisions of the City of Wanneroo’s District Planning Scheme No. 2 (DPS 2) ADOPTS with LPP 4.23, as included in Attachment 8; 

3.       Pursuant to Clauses 4(4) of the Deemed Provisions of DPS 2 PUBLISHES notice of its adoption of the Policy in a local newspaper and FORWARDS a copy of the adopted Policy to the Western Australian Planning Commission (WAPC) for its information;

4.       Pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 168 to DPS 2 as contained in Attachment 3 to:

a)    Insert a new Clause 67 (zc) into Schedule A – Supplemental Provisions to the Deemed Provisions of the City of Wanneroo’s District Planning Scheme No. 2, which reads “any relevant recommendations of a Design Review Panel”; and

b)    Insert a new Clause 85A into Schedule A – Supplemental Provisions to the Deemed Provisions of the City of Wanneroo’s District Planning Scheme No. 2, which reads “the local government may appoint a Design Review Panel for the purpose of providing design advice for applications”, and renumber the Deemed Provisions accordingly.

5.       Pursuant to Section 47(2) of Planning and Development (Local Planning Schemes) Regulations 2015 ADVISES the WAPC that Amendment No. 168 to DPS 2 is a standard amendment for the following reason:

a)   It would have minimal impact on land in the scheme area that is not subject to the amendment.

6.       Pursuant to Section 81 of the Planning and Development Act 2005, REFERS Amendment No. 168 to the Environmental Protection Authority (EPA); and

7.       Subject to EPA approval, ADVERTISES Amendment No. 168 for public comment for a period of 42 days.

8.       BY ABSOLUTE MAJORITY APPROVES an amendment to the Fees and Charges Schedule to include:    

a)   A $400 fee for proponents presenting to the Design Review Panel after an initial meeting funded by the City (prior to lodgement of a development application); and

b)   An $864 fee for proponents presenting to the Design Review Panel after an initial meeting funded by the City (after lodgement of a development application).

Carried BY ABSOLUTE MAJORITY
13/0

File Ref:                                              7242 – 18/357144

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Flood, Seconded Cr Sangalli

That Council ADOPTS the Bus Stop Infrastructure Policy as included at Attachment 1.

Carried Unanimously

File Ref:                                              14905V02 – 18/330012

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   CD02-02/14 - Update of Petition for Hudson Park, Girrawheen - Ordinary Council - 04 Feb 2014 7.30pm

                                                            CP05-11/17 - North Coast Ward Community Reference & Sporting Group - Future Direction - Ordinary Council - 14 Nov 2017 7.00pm      

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.       DISBAND by ABSOLUTE MAJORITY the South Ward Community Reference and Sporting User Group as the requirements of its Terms of Reference have been met;

2.       NOTES that Administration will inform the former members of the South Ward Community Reference and Sporting User Group of the group’s disbandment, thank them for their participation and recognising their contribution via an appropriate gathering of the group and formal recognition; and

3.       NOTE the below proposed approach in respect to ongoing consultation with sporting clubs and community groups within the South Ward, as it relates to sporting and community facility provision:

Carried BY ABSOLUTE MAJORITy
13/0

File Ref:                                              27705 – 18/330262

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       7         

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.       ENDORSES the John Moloney Park Sports Floodlighting Upgrade Concept Plan, shown in Attachment 2 and 3 of this report;

2.       NOTES that based on the current proposed project schedule, construction is due to commence in February 2019 and will be concluded in June 2019; and

3.       RECOGNISES and THANKS the user groups of John Moloney Park, Marangaroo for their involvement in the concept design process.

Carried Unanimously

File Ref:                                              28576 – 18/329324

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       4  

Previous Items:                                   CP01-10/16 - City of Wanneroo Active Reserve Master Planning Report Consultation Outcomes - Ordinary Council - 11 Oct 2016 7.00pm      

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.       ENDORSES the Hudson Park Sports Amenities Building (Dennis Cooley Pavilion) Concept Plan, shown in Attachment 3 of this report;

2.       NOTES that based on the current proposed project schedule, construction is due to commence in November 2019 and will be concluded in May 2020;

3.       NOTES that Administration will be submitting a Community Sporting and Recreation Facilities Fund application to the Department of Local Government, Sport and Cultural Industries in September 2018; and

4.       RECOGNISES and THANKS the user groups of Hudson Park, Girrawheen for their involvement in the concept design process.

Carried Unanimously

File Ref:                                              28876 – 18/331325

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.       ENDORSES the Warradale Park, Landsdale – Installation of a Universal Access Toilet Concept Plan, shown in Attachment 2 of this report;

2.       NOTES that based on the current proposed project schedule, construction is due to commence in October 2018 and will be concluded in December 2018; and

3.       RECOGNISES and THANKS the community for their comments as part of the community consultation process.

Carried Unanimously

File Ref:                                              13640 – 18/332438

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Sangalli, Seconded Cr Driver

That Council:-

1.       NOTES the Quinns District Junior Football Club’s proposal to upgrade the existing floodlighting at Anthony Waring Reserve from Australian Standard 2560 large ball sports training (50 lux) to Australian Standard 2560 large ball sports matches (100 lux) at no cost to the City; and

2.       APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 to address the Upgrade of Floodlighting at Anthony Waring Reserve, noting that a new Project Number will be created upon Council endorsement:

Carried BY ABSOLUTE MAJORITy
13/0

File Ref:                                              4558 – 18/341996

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Fenn, Seconded Cr Cvitan

That Council:

1.       NOTES the State Government’s draft WA Motor Sport Strategy, as per Attachment 1;

2.       ENDORSES the City of Wanneroo feedback to the Department of Local Government, Sport and Cultural Industries on the WA Motor Sport Strategy recommendations, as per Attachment 2;

3.       ENDORSES the following additional comments being provided to the Department on the WA Motor Sport Strategy:

a)      A clearly articulated implementation plan is developed to support the delivery of the Strategy recommendations;

b)      Greater clarity is needed in respect to the opportunity to further extend the Wanneroo Raceway facilities, north onto the adjacent Department of Biodiversity Conservation & Attractions land parcel;

c)      The State Government further investigate and implement management models other than Local Government direct management;

d)      The role and expectations of Local Government are revised, taking into consideration the existing resource restraints and existing service delivery expectations; and

e)      The State Government take a leading role in the implementation of the Strategy recommendations.

Carried Unanimously

File Ref:                                              30193 – 18/321924

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       5  

Previous Items:                                   CP04-08/18 - Wanneroo City Soccer Club Change Rooms Extension - Concept Design - Ordinary Council - 21 Aug 2018 7.00pm      

Moved Cr Fenn, Seconded Cr Sangalli

That Council:-

1.      FORWARDS the following Community Sport and Recreation Facilities Fund applications to the Department of Local Government, Sport and Cultural Industries for the 2019/20 funding round with the following assessment, project rating and prioritisation, noting a total grant amount sought of $2,059,097:

2.      NOTES that a further report will be presented to Council in March 2019 advising the outcomes of all CSRFF applications for the 2019/20 funding round and related funding implications for the City’s Long Term Financial Management Plan.

Carried Unanimously

File Ref:                                              35326 – 18/375069

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Sangalli, Seconded Cr Treby

That Council APPROVES the sponsorship proposal received from Channel Nine Perth for the 2018/19 community event season as per Attachment 1.

carried

12/1

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

Against the motion:   Cr Miles

File Ref:                                              33004 – 18/316471

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Aitken, Seconded Cr Fenn

That Council:

1.       ENDORSES the change in shift hours for Rangers to a 9pm finish and Senior Rangers to a 9.30pm finish, noting the continuance of a 24/7 service through the City’s Community Safety Patrol Officers;

2.       SUPPORTS the Community Safety and Emergency Management Service Unit incremental change in approach to education and awareness;

3.       ACKNOWLEDGES that the City’s biennial Perceptions Survey will be utilised to canvas community opinion on ranger and community safety services;

4.       NOTES that Administration will report to Council in 12 months on the outcomes of the changes implemented as a result of the Ranger and Community Safety Service Review.

Carried Unanimously

File Ref:                                              30723V05 – 18/314872

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Cvitan, Seconded Cr Zappa

That Council;-

1.      RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 31 July 2018, consisting of:

          a)      July 2018 YTD Actuals;

          b)      July 2018 YTD Statement of Financial Position and Net Current     Assets; and

          c)      July 2018 YTD Material Financial Variance Notes

2.       APPROVES BY ABSOLUTE MAJORITY the following changes to the 2018/19        Capital Works budget:

          a)      To increase PR-2368 Gnangara Rd Realignment – Hartman Drive to       Wanneroo           Road budget by $16,000, to be funded equally by TPS Cells’ 6        and 7

          b)      To increase PR-4150 Wanneroo Aquamotion pool re-tiling works budget by $648,100, to be funded from the Strategic Projects/Initiatives reserve

          c)      To increase PR-4035 Kingsway Regional Sporting Complex – Fenced dog     exercise area budget by $35,000, to be funded via a transfer from PR-1910          Parks Asset Renewal Program

          d)      To increase PR-4130 Scenic Park – Petanque pitch budget by $18,000, to be funded via a transfer from PR-1910 Parks Asset Renewal Program

Carried BY ABSOLUTE MAJORITy

13/0

File Ref:                                              29891 – 18/351741

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Cvitan, Seconded Cr Zappa

That Council ADOPTS the 2017/18 End of Year (Quarter 4) Corporate Business Plan (CBP) and Financial Performance Report.

Carried Unanimously

File Ref:                                              1859 – 18/362437

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Newton, Seconded Cr Nguyen

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