Proof_CouncilAgenda_Coverpage_Template_Governance

 

 

 

 

 

 

BRIEFING PAPERS

FOR ELECTED MEMBERS’

BRIEFING SESSION

 

Draft Only

 

 

 

 

 

to be held at

the Council Chambers, Civic Centre, 23 Dundebar Road, Wanneroo

on 06 November, 2018 commencing at 6.00pm


PROCEDURE FOR FULL COUNCIL BRIEFING

PRINCIPLES

A Council Briefing occurs a week prior to the Ordinary Council Meeting and provides an opportunity for Elected Members to ask questions and clarify issues relevant to the specific agenda items before council.  The briefing is not a decision-making forum and the Council has no power to make decisions.  The briefing session will not be used, except in an emergency, as a venue or forum through which to invoke the requirements of the Local Government Act 1995 and call a special meeting of Council.

 

In order to ensure full transparency the meetings will be open to the public to observe the process.  Where matters are of a confidential nature, they will be deferred to the conclusion of the briefing and at that point, the briefing session closed to the public.  The reports provided are the Officers’ professional opinions.  While it is acknowledged that Elected Members may raise issues that have not been considered in the formulation of the report and recommendation, it is a basic principle that as part of the briefing sessions Elected Members cannot direct Officers to change their reports or recommendations.

 

PROCESS

The briefing session will commence at 6.00 pm and will be chaired by the Mayor or in his/her absence the Deputy Mayor.  In the absence of both, Councillors will elect a chairperson from amongst those present.  In general, Standing Orders will apply, EXCEPT THAT Elected Members may speak more than once on any item, there is no moving or seconding items, Officers will address the Elected Members and the order of business will be as follows:-

 

Members of the public present may observe the process and there is an opportunity at the conclusion of the briefing for a public question time where members of the public may ask questions (no statements) relating only to the business on the agenda.   The agenda will take the form of:

Ø  Attendance and Apologies

Ø  Declarations of Interest

Ø  Reports for discussion

Ø  Tabled Items

Ø  Public Question Time

Ø  Closure

 

Where an interest is involved in relation to an item, the same procedure which applies to Ordinary Council meetings will apply.  It is a breach of the City’s Code of Conduct for an interest to not be declared.  The briefing session will consider items on the agenda only and proceed to deal with each item as they appear.  The process will be for the Mayor to call each item number in sequence and ask for questions.  Where there are no questions regarding the item, the briefing will proceed to the next item.

 

AGENDA CONTENTS

While every endeavour is made to ensure that all items to be presented to Council at the Ordinary Council Meeting are included in the briefing papers, it should be noted that there will be occasions when, due to necessity, items will not be ready in time for the briefing session and will go straight to the Full Council agenda as a matter for decision.  Further, there will be occasions when items are TABLED at the briefing rather than the full report being provided in advance.  In these instances, staff will endeavour to include the item on the agenda as a late item, noting that a report will be tabled at the agenda briefing session.

 

AGENDA DISTRIBUTION

The Council Briefing agenda will be distributed to Elected Members on the FRIDAY prior to the Council Briefing session.  Copies will be made available to the libraries and the Internet for interested members of the public.  Spare briefing papers will be available at the briefing session for interested members of the public.

 

DEPUTATIONS

Deputations will generally not be heard prior to the Council Briefing session and are reserved for prior to the Ordinary Council meeting.

 

RECORD OF BRIEFING

The formal record of the Council Briefing session will be limited to notes regarding any agreed action to be taken by staff or Elected Members.  No recommendations will be included and the notes will be retained for reference and are not distributed to Elected Members or the public. 

 

LOCATION

The Council Briefing session will take place in the Council Chamber in the Civic Centre.


 

 

 

Briefing Papers for Tuesday 6 November, 2018

 

CONTENTS

 

Item  1_____ Attendances_ 1

Item  2_____ Apologies and Leave of Absence_ 1

Item  3_____ Reports_ 1

Planning & Sustainability  1

Strategic Land Use Planning & Environment  1

3.1                         Close of Advertising - Draft Local Planning Policy 3.3: Fauna Management  1

3.2                         Consideration of Amendment No. 166 to District Planning Scheme No. 2  26

Approval Services  52

3.3                         Consideration of Development Application (DA2018/408) - Change of Use to Child Care Centre at Lot 288 (54) Santa Rosalia Vista, Sinagra  52

3.4                         Proposed Amendment No. 169 to District Planning Scheme No. 2 - Creating a Massage Premises Land Use Class  77

Assets  83

Asset Operations & Services  83

3.5                         PT02-09/18 Request to Move the Rails from Path between Belgrade and Elizabeth Roads through to Bamboore Crescent, Wanneroo  83

Infrastructure Capital Works  88

3.6                         Tender No. 18197 Kingsway Olympic Sports Clubrooms New Changerooms Facilities  88

Parks & Conservation Management  100

3.7                         Pesticide Management Policy  100

3.8                         Repeal of the Weed Management Policy  111

Waste Services  116

3.9                         Draft Waste Strategy Feedback  116

3.10                      WALGA Bin Tagging Expression of Interest  166

Community & Place  176

Cultural Development  176

3.11                      Cultural Plan 2018/19 - 2021/22  176

3.12                      Community History Centre Collection Policy Review   208

Community Facilities  223

3.13                      Warradale Park - Skate and BMX Facility Concept Plan and Engagement Outcomes  223

3.14                      Belhaven Sports Amenities Building - Concept Design and Consultation Outcomes  262

3.15                      Hardcastle Park Development - Concept Design and Environmental Offset  271

3.16                      Proposed Yanchep Skate Park - Site Analysis  306

3.17                      Quinns Beach Surf Life Saving Patrol Observation Tower Project - Consultation Outcomes and Site Identification  320

Communication, Marketing and Events  341

3.18                      Marina Mindarie Sponsorship Proposal  341

Community Services  351

3.19                      Review of the Multicultural Advisory Group Terms of Reference  351

Corporate Strategy & Performance  361

Business & Finance  361

3.20                      Financial Activity Statement for the Period Ended 30 September 2018  361

Property Services  386

3.21                      Proposed Closure of a portion of un-named and unconstructed road reserve adjacent to Lot 4 (175) Badgerup Road, Wanneroo  386

3.22                      Proposed Closure of an un-named and unconstructed road reserve adjacent to Lot 9043 (148) Badgerup Road, Gnangara  391

3.23                      Proposed closure of a portion of an un-named and unconstructed road reserve adjacent to the western boundary of Lot 201 (42) Pollino Gardens, Landsdale. 396

3.24                      Proposed Excision and Purchase of Portion of Lot 501, Crown Reserve 45553 Hidden Valley Retreat, Clarkson to be On-Sold to Western Power. 401

3.25                      Proposed Cancellation of Crown Reserves Under the City's Management and Proposed Dedication of Land for Road - Wanneroo Road/Ocean Reef Road Intersection. 410

Council & Corporate Support  449

3.26                      Council and Corporate Support Policy Reviews  449

Chief Executive Office  492

Item  4_____ Motions on Notice_ 492

Item  5_____ Late Reports (to be circulated under separate cover) 492

Item  6_____ Public Question Time_ 492

Item  7_____ Confidential_ 492

7.1                         Amendment 163 to District Planning Scheme No. 2 - Outcome of Negotiations on Developer Contribution Arrangements  492


 

Item  8_____ Date of Next Meeting_ 493

Item  9_____ Closure_ 493

 


Agenda

 

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

 

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

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Reports

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

Planning & Sustainability

Strategic Land Use Planning & Environment

3.1    Close of Advertising - Draft Local Planning Policy 3.3: Fauna Management

File Ref:                                              34620 – 18/400954

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Issue

To consider final adoption of draft Local Planning Policy 3.3: Fauna Management (LPP 3.3).

Background

Draft LPP 3.3 provides guidance to developers on the effective management of ‘macro-fauna’ (primarily kangaroos and emus) and applies to all land holdings being transformed from ‘uncleared/intact’ natural habitat into development sites.

The requirement for a local planning policy that addresses fauna management on development sites was identified following incidences across the City where unsustainable kangaroo populations were being displaced into residential areas, golf courses, and development sites in Yanchep.  The draft Policy sets out requirements for the containment and management of fauna with the aim of avoiding similar situations in the future so that fauna is managed humanely and effectively prior to the removal of habitat and throughout the land development process.

Draft LPP 3.3 was presented to Council at its meeting on 24 July 2018, where it was adopted for the purpose of advertising. A copy of the draft Policy (as advertised) is included in Attachment 1.

Detail

In accordance with Council's resolution, draft LPP 3.3 was advertised for public comment for a period of 42 days between 31 July 2018 and 11 September 2018.  Eight submissions were received, which were generally supportive of draft LPP 3.3 and the City’s principles for fauna management on development sites.

A number of comments requested minor changes and additions to the draft Policy. A table detailing all of the submissions along with Administration's responses and recommended modifications is included in Attachment 2, with a summary of the key comments and some of the recommended modifications being outlined below.

Fencing requirements

A number of submissions raised questions about fencing requirements, most notably submissions from the Department of Communities (DoC) and Landcorp. The submissions noted that the advertised LPP 3.3 was not clear on the extent to which the subject land was required to be fenced prior to clearing. As such, Administration is proposing that provision 2.2.6 is amended to be clearer about the intentions for the extent of fauna fencing. Fencing for the purpose of containing fauna is to encompass the section of land proposed to be cleared only, and not the entire land holding, or on sites where fauna is not known to be present.

Monitoring period and Compliance

Environmental consultants Strategen and Terrestrial Ecosystems both noted that there was some uncertainty around the monitoring period for Vegetation and Fauna Management Plans (VFMP’s), and specifically how long this period would typically be. Administration is proposing a new provision (provision 2.4) that more clearly explains the requirements for monitoring and suggests a three year monitoring period unless otherwise formally agreed by the City and reflected in an approved VFMP.

Additionally, Landcorp raised an issue with uncertainty around how the policy will be policed and how non-compliance will be managed. The DoC also had concerns about the City holding up subdivision condition clearances for the implementation of VFMP’s until the completion of the monitoring, accurately suggesting that this would unnecessarily hold up subdivision clearance.

In response to these comments, Administration is proposing that provision 2.3 is updated to link the clearance of conditions more closely to VFMP implementation. This will ensure that monitoring reports prepared for these plans can be used to track the success of implementation and alert the City to potential compliance matters. In addition, this means that the clearance of subdivision conditions for the implementation of VFMP’s is linked to the ability of a developer or consultant being able to demonstrate the successful implementation of a VFMP for a condition to be cleared, rather than wait for the end of a monitoring period which could be three years.

Effectiveness of relocation

Submissions from Primewest and Pindan questioned the effectiveness of fauna relocation, and suggested that fauna relocation be removed as a requirement of the policy until such time as its effectiveness can be known. While Administration notes this concern, Administration’s view is that LPP 3.3 presents a unique opportunity to gauge the effectiveness of fauna relocation in response to development and as such no modifications are recommended to be made to the fauna relocation requirements of the policy.

Other proposed minor amendments to LPP 3.3 include reference to relevant animal welfare legislation in provision 1.5 and the requirement for VFMP’s to adequately outline responses to impacts to fauna in provision 2.2.1. Provision 1.4 is also proposed to be updated to add more information about what directional clearing means and what it entails.

A tracked changes version of draft LPP 3.3 has been prepared (refer Attachment 3), illustrating the changes recommended in response to the submissions received.

Consultation

Draft LPP 3.3 was presented to the Environmental Advisory Committee (EAC) prior to being reported to Council for approval to advertise. Subsequently, the draft was advertised for public comment for a period of 42 days from 31 July 2018 to 11 September 2018 by way of:

·          An advertisement in a local newspaper for two consecutive weeks;

·          Display on the City’s website; and

·          Letters to relevant stakeholders, primarily State Government departments, developers and consultants active in the City of Wanneroo.

Given the submissions received do not require substantial modification of the Policy, the matter has not been referred back to the EAC for consideration prior to Council determination.

Comment

The proposed amendments to LPP 3.3 assist in making the Policy clearer in its intention and scope by providing detail on the principles of fauna management and the specific requirements for fauna management methods over developments sites.

In particular, stronger reference to animal welfare legislation and fauna impact avoidance and minimisation ensures that the Policy remains targeted towards protection of fauna as a primary principle of fauna management over development sites. In addition, tightening of wording around compliance and condition clearances means that there will be improved control around the implementation of VFMP’s in line with best practice fauna management and relocation.

The policy presents an opportunity for developers and consultants to innovate when it comes to fauna containment, management and relocation by offering a broad, principle based approach to providing policy guidance on fauna management on development sites.

VFMP implementation and monitoring reports prepared by consultants would be well placed to capture the levels of success for different fauna relocation strategies and methods, as well as for different fencing specifications. LPP 3.3 can be updated over time through an amendment to the policy in response to new information becoming available. As such the policy can be adapted to implement the most effective methods of fauna management in the future.

A final draft LPP 3.3 has been prepared for Council’s consideration, incorporating the proposed changes as a result of advertising (refer Attachment 4).

Statutory Compliance

In accordance with Clause 3 (1) of the deemed provisions of DPS 2, Council may resolve to prepare and adopt a local planning policy to apply to any matter related to planning and development of the City. A draft policy must be advertised for public comment for a period of not less than 21 days after which time it is to be reviewed in the context of any submissions received and either adopted with or without modifications or not proceeded with.

Strategic Implications

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

 “3     Environment (Natural)

3.2    Enhanced Environment

3.2.1  Maximise the environmental value of beaches nature reserves and parklands

Risk Management Considerations

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

Ineffective environmental management systems may lead to a lack of environmental awareness, control and possible breach of environmental obligations resulting in financial losses, irreparable damage to the environment and the City's reputation.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1.       NOTES the submissions received in respect of draft Local Planning Policy 3.3: Fauna Management and ENDORSES the responses to those submissions prepared by Administration included in Attachment 2;

2.       Pursuant to Clause 4 (3) of the deemed provisions of District Planning Scheme No. 2 ADOPTS the final draft Local Planning Policy 3.3: Fauna Management included in Attachment 4; and

3.       Pursuant to Clauses 4 (4) of the deemed provisions of District Planning Scheme No. 2:

a)         PUBLISHES notice of its adoption of the Policy in local newspapers;

b)         INFORMS those persons who made submissions of Council’s decision; and

c)         FORWARDS a copy of the adopted Policy to the Western Australian Planning Commission for its information.


 

Attachments:

1.

Attachment 1 - Draft LPP 3.3 Fauna Management (As Advertised)

18/274376

 

2.

Attachment 2 - Local Planning Policy 3.3 Fauna Management - Table of Submissions

18/442156

Minuted

3.

Attachment 3 - Draft Local Planning Policy 3.3  Fauna Management (Tracked Changes)

18/442142

 

4.

Attachment 4 - Draft Local Planning Policy 3.3  Fauna Management - Final

18/442164

Minuted

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                       6

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                     22

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                         26

3.2    Consideration of Amendment No. 166 to District Planning Scheme No. 2

File Ref:                                              34998 – 18/352160

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the submissions received during the public advertising of Amendment No. 166 to District Planning Scheme No.2 (DPS 2) and adoption of that amendment.

Applicant

City of Wanneroo

Owner

Various

Location

Yanchep Two Rocks Development Contribution Area

Site Area

N/A

MRS Zoning

Urban and Others

DPS 2 Zoning

Urban Development and Others

 

Background

Amendment No. 122 to District Planning Scheme No. 2 was gazetted in September 2014 and introduced the Developer Contribution Plan (DCP) provisions into DPS No. 2. The Yanchep-Two Rocks Development Contribution Plan and Cost Apportionment Schedule were subsequently adopted by Council in April 2015 (PD07-04/15). The DCP identifies various community facilities and provides estimates on the total cost, estimated contributions and the timing for the delivery of infrastructure within the Yanchep-Two Rocks area, including:

·          Yanchep Surf Life Saving Club;

·          Yanchep District Open Space; and

·          Capricorn Coastal Node Facilities.

The DCP is subject to an annual review requirement to ensure that the cost contribution amount is correctly set to ensure the collection of sufficient funds to cover the cost of approved infrastructure items over the life of the DCP. At the meeting of Council on 1 May 2018, Council considered the issue of increasing contribution rates (and its effect on land affordability) and resolved to initiate Amendment 166 to District Planning Scheme No. 2 (refer Attachment 1) to extend the operating period of the DCP from 10 years to 16 years, as below (PS02-05/18):

4.       Further to 1(a) above, and pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 166 to City of Wanneroo District Planning Scheme No. 2 to amend “Schedule 15 – Yanchep Two Rocks Development Contributions Plan – Community Facilities” period of operation from the current 10 years from the date of gazettal to 16 years, as follows:

“16 years from the date of gazettal”

The amendment will provide a more realistic timeframe for the landowners to achieve the original lot yield assumptions of the DCP (approximately 10,000 lots). Due to the lower lot yield creation, Administration recommends the use of ID Forecast projections, as opposed to landowner estimates, which results in an operating period of 16 years being required to achieve approximately 10,000 lots.

On the 6 June 2018, the Western Australian Planning Commission (WAPC) advised the City that pursuant to regulation 37(4) of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) the amendment was considered to be a ‘complex’ amendment and is suitable to be advertised. The ‘complex’ classification of the amendment means that advertising of the amendment needed to increase from 42 days (as defined in the Council resolution) to a period of 60 days. The requirement to proceed with Amendment 166 as a complex amendment was reported to Council on 24 July 2018 (PS03-07/18), as part of the consideration of the Yanchep Two Rocks DCP annual review of costs, where Council resolved:

4.       NOTES that Pursuant to regulation 37(4) of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) that the Western Australian Planning Commission has recently advised the City that Amendment 166 (extension of operating period) to the City of Wanneroo District Planning Scheme No. 2 is a Complex Amendment and is suitable to be advertised.

Should Amendment 166 be approved, the extended operating period of 16 years will enable the original lot yield estimates of the DCP to be achieved. Current estimates indicate that by extending the operating period and using more realistic lot projections (ID Forecast) will improve the accuracy of cost estimates and reduce the contribution rate from $3,485 to $3,175, as defined in the revised DCP Report (refer Attachment 2). The revised DCP costings were advertised along with the amendment and will form the basis of the revised cost estimates should the amendment be approved.

Detail

The landowner’s dwelling projections were accepted by the City in 2015 as the basis for determining the cost contribution amount, despite being higher than the I.D. Forecast projections.  This decision was based on advice from the landowners that much of the preliminary subdivision and servicing works had been completed in their development areas to facilitate the creation of lots and dwelling construction and that there were no longer any major constraints to higher dwelling numbers being realised (see ‘Figure A’ below).

Figure A: Comparison I.D Forecast & Landowner Projections

It is now been determined that the 2016 or 2018 landowner estimates for total lot yield will not be achieved within the remaining 6 year operational period of the DCP and that a more realistic lot yield estimate is required. However, if the more realistic ID Forecast projections are applied to the current 10 year operational period, then the total lot yield would significantly decrease to 3,682 (rather than 7675 lots). Initial estimates of using the ID Forecast as part of an annual review for a 10 year operating period indicate a potential increase in the contribution rate from $3,485 to approximately $5,764.

Further, the fundamental assumptions of the DCP align with a total population projection of approximately 10,000 lots (25,000 residents), consisting of 3,089 existing lots and 7,675 (2016) estimated under the DCP.

The use of the ID Forecast is recommended, however it is considered necessary to extend the operating period of the DCP by a further 6 years to September 2030 (16 year operating period) to enable the DCP to achieve the original lot yield assumptions, without significantly affecting land affordability.  The extension of the operating period will ensure that the DCP is consistent with the ‘need and nexus’ principles of the DCP and aligns a total lot yield of approximately 10,000 lots (25,000 residents) with the district level infrastructure identified in the DCP.

The revised dwelling projections using ID Forecast and the revised 16 year operating period now equates to 7779 lots under the DCP and 3089 lots existing prior to the DCP. Therefore, a total lot yield estimate of 10,868 is anticipated by 2030, as depicted in the revised DCP report in Attachment 2.

Consultation

In accordance with the Council’s resolution, the DPS 2 Amendment 166 was referred to the Environmental Protection Authority (EPA) for comment. On 28 May 2018, the EPA advised the City that the scheme amendment should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it is not necessary to provide any advice or recommendation. The WAPC in its correspondence of 6 June 2018 advised that the amendment is considered to be a complex amendment.

A 60 day public advertising period was carried out between 19 June and 20 August 2018 by way of advertisement in the local newspaper, a notice on the City’s website and letters to affected landowners and government agencies.

The City received 2 submissions, with the Department of Communities (Department of Housing) and Landcorp raising ‘no-objection’ to the proposed amendment.

Comment

It is recommended that the amendment proposal be adopted without modification and be forwarded to the WAPC for assessment and recommendation to the Minister for Planning, who will determine the amendment.

It should be noted that the revised DCP report utilises the cost estimates adopted by Council on 24 July 2018 (PS03-07/18) and applies the extended operating period of 16 years to the calculation. Upon finalisation of Amendment 166, the revised cost estimates will apply as provided in Attachment 2, which includes:

·          Extending the operating period of the DCP from 10 to 16 years;

·          Inclusion of ID Forecasts for lot yield projections; and

·          A reduction in the DCP per lot contribution rate from $3,485 to $3,175.

The use of I.D Forecast projections and an extended operating period of 16 years will enable the use of realistic lot yield projections and minimise the need for contribution rate increases.

Statutory Compliance

Amendment No. 166 has been processed in accordance with the Planning and Development Act 2005 and the Town Planning Regulations 1967.

In accordance with Regulation 17(2), Council is required to consider the submissions received in respect of Amendment No. 166 and must resolve to either (a) adopt the amendment with or without modification, or (b) not proceed with the amendment.

Further, pursuant to Regulation 18(1), within 28 days of the passing of that resolution, the City must provide the WAPC with (among other things) a schedule of submissions and Council's recommendation and response to the submissions, together with particulars of any modifications recommended to the amendment.

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

Risk Title

Risk Rating

ST-G09 Long Term Financial Plan

Moderate

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

CEO

Manage

 

Risk Title

Risk Rating

CO - O17 Financial Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

The above risks relating to the issue contained within this report have been identified and considered within the City’s Strategic and Corporate Risk Registers. The proposed amendment along with the revised DCP report assists in addressing the impacts of the strategic risk relating to Long Term Financial Planning (LTFP), as it ensures that appropriate budget monitoring, timing and provisions are considered. The strategic risk relating to Stakeholder Relationships applies as a key element in the DCP review process to maintain effective engagement with relevant stakeholders. In addition, the Corporate Risk relating to Financial Management would apply as awareness of financial policies and financial management at unit level will be maintained to promote accountability by business owners and an integrated approach to risk assurance.

Policy Implications

Nil

Financial Implications

The DCP is subject to an annual review process to ensure that the cost contribution amount is correctly set to ensure the collection of sufficient funds to cover the cost of approved infrastructure items over the life of the DCP.  The extension of the operating period to 16 years aligns with the ID Forecast lot yield projections to achieve approximately 10,000 lots by 2030.

Cost Apportionment

The cost of DCP facilities is required by DPS 2 to be equitably apportioned between the City and developing landowners.  This apportionment is required to reflect the proportionate contribution of the existing community and new development towards the cost of the facility. 

This cost apportionment is directly related to the total dwelling estimate and as the total dwelling estimate declines, the City’s proportion of the cost increases over the operational period. These changes to the cost apportionment impact on the development contribution amount as well as the City’s municipal funding and associated provisions in the Capital Works Budget.

The below table depicts the apportionment approved at the last annual review in July 2018 and the revised apportionment proposed as part of this amendment proposal to extend the operating period to 16 years:

 

Last Annual Review (July 2018). Landowner Projections over 10 years

(33.49% City Contribution)

Amendment 166

I.D. Forecast over 16 years

(28.42% City Contribution)

 

Facility

City Contribution

 

Proposed City Contribution

Yanchep Surf Life Saving Club

$2,498,377

$2,120,678

Yanchep District Open Space

(Breakdown Below)

(Breakdown Below)

- Land

$2,143,046

1,819,065

- Oval groundworks

$962,360

$816,873

- Oval landscaping

$1,450,972

$1,231,617

- Pavilion

$830,546

$830,546

Capricorn Coastal Node Facilities

$766,651

$650,751

TOTAL

$8,651,954

$7,469,531

The cost contribution amount is based on facility construction and administration cost actuals and estimates, including the cost to service the loan associated with the early delivery of the Yanchep Active Open Space and Surf Life Saving facilities.

Upon finalisation of the amendment (approval by the Minister and gazettal of the amendment), the revised cost apportionment and contribution rate will be applied to all development and subdivision within the Yanchep two Rocks DCP. At this time, administration can adjust scheme accounts and budget allocations to reflect the revised apportionment of cost between the DCP and the City (approximately $1.2 million), as depicted in Attachment 2.

Loan Funds

It should be noted that extending the timeframe of the DCP will also extend the time taken to repay the loan previously taken out to pre-fund DCP projects (due to there being insufficient funds collected through the DCP at the time facilities were scheduled to be constructed).  Notwithstanding, the extension of the operating period to 16 years aligns the fundamental assumptions of the DCP to create approximately 10,000 lots (including existing) to the proposed infrastructure and apportions the cost of providing the facilities on an equitable basis between the City and the contributing landowners using more realistic lot yield projections contained in the I.D Forecast data.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         Pursuant to Regulation 41(3)(a) of Planning and Development (Local Planning Schemes) Regulations 2015 SUPPORTS the complex Amendment No. 166 to District Planning Scheme No. 2 without modification by amending Schedule 15 – Yanchep Two Rocks Development Contributions Plan – Community Facilities period of operation from the current 10 years from the date of gazettal to 16 years, as follows:

“16 years from the date of gazettal”;

2.         Pursuant to Regulation 44 of the Planning and Development (Local Planning Schemes) Regulations 2015 PROVIDES Amendment No. 166 to the City of Wanneroo District Planning Scheme No. 2 to the Western Australian Planning Commission together with the City’s response and recommendations;

3.         ADVISES the submitters of its decision;

4.         SUBJECT to the gazettal of Amendment 166, APPROVES the Revised DCP Report for Yanchep Two Rocks in accordance with Attachment 2.

 

Attachments:

1.

Attachment 1 - Amendment 166 (Advertised)

18/418504

 

2.

Attachment 2 - YTR DCP - Revised (2018 - Amendment 166)

18/450471

Minuted

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                     32

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                     40

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                         49

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                         52

 

Approval Services

3.3    Consideration of Development Application (DA2018/408) - Change of Use to Child Care Centre at Lot 288 (54) Santa Rosalia Vista, Sinagra

File Ref:                                              DA2018/408 – 18/417835

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       7         

Issue

To consider a development application (DA2018/408) for a Change of Use to Child Care Centre at Lot 288 (54) Santa Rosalia Vista, Sinagra (subject site).

Applicant

De Hoff Pty Ltd

Owner

De Hoff Pty Ltd

Location

Lot 288 (54) Santa Rosalia Vista, Sinagra

Site Area

3212m2

DPS 2 Zoning

Urban Development

ASP 4 Zoning

Residential R20

 

Background

On 5 April 2018 the City received a development application for Change of Use to a Child Care Centre at the subject site.

The subject site is bound by Messina Drive to the north-east, Santa Rosalia Vista to the north-west, Capri Leone Way to the south-west, and abuts two residential properties to the south-east. There is an existing single house on site. A location plan of the subject site is included in Attachment 1.

As a result of consultation, amended plans were submitted to the City which is the subject of this report.

Detail

The development application proposes a Change of Use from a Single House to a Child Care Centre which is a “D” (Discretionary) use in the Residential zone. The details of the development are as follows:

·          Modifying the existing Single House to accommodate a Child Care Centre;

·          Extending the Child Care Centre to the northern portion of the site with an additional area of 162m2, consisting of two indoor play spaces and toilets;

·          Addition of three shade sails on site;

·          Three outdoor play areas;

·          Accommodating up to 81 children and 16 staff;

·          Operating from 7:15am to 6:00pm Monday to Friday; and

·          4 staff car parking bays accessed from Capri Leone Way, and 23 car parking bays accessed from Messina Drive.

The development plans under consideration are included in Attachment 2.

There are two portions of the subject site which are proposed to remain undeveloped; one to the north-west of the proposed car park accessed from Messina Drive (639m2) and one to the north-east of the proposed car park (364m2). The applicant has advised that these portions of land may in the future be used for additional play space, expansion of the child care centre, the provision of child health services, or residential development. Concept plans are included in Attachment 3.

Upon assessment of the development application it was identified the proposal incorporates a number of variations to the Local Planning Policy 2.3 Child Care Centres (LPP 2.3) and the City’s District Planning Scheme No. 2 (DPS 2). These variations are discussed in the Comment section below.

Consultation

The application was advertised for a period of 21 days from 31 July 2018 to 20 August 2018, in accordance with LPP 2.3 and Clause 64(3) of the Deemed Provisions of the City’s DPS 2. Advertising was undertaken by way of a notice placed on the City’s website, a sign erected on site and nearby affected landowners being notified in writing. At the conclusion of the advertising period, five submissions were received, all objecting to the proposal. A plan showing the location of the properties that made a submission are included in Attachment 4. A summary of submissions received and Administration’s responses are included in Attachment 5.

The main issues raised during the advertising period relate to:

·          Significant increase in traffic that will impact surrounding residents;

·          Impacts of noise generated from the Child Care Centre on surrounding residents; and

·          A loss of privacy as a result of the increase in vehicular and pedestrian traffic.

A more detailed discussion of the major issues raised during the public consultation period is provided in the Comment section.

As a result of the objections received during public consultation, the applicant modified the plans by:

·           Relocating the car parking area and access which was previously proposed on Santa Rosalia Vista, to Messina Drive;

·           Restricting car bays accessed from Capri Leone Way to staff parking only;

·           Fencing which was initially proposed to 2.4m in height along 7 Messina Drive was relocated 10m north into the lot; and

·           Fencing which was initially proposed to 2.4m in height along 5 Capri Leone Way was reduced to 2m in height.

As detailed below, these modifications were considered to sufficiently address the issues raised during the advertising period. As such, further advertising of the modified plans was not considered necessary.

Comment

Variations to DPS 2 and LPP 2.3 Provisions

The proposal does not comply with a number of DPS 2 and LPP 2.3 provisions, as discussed in the table below:

District Planning Scheme No. 2 Requirements

Requirement

Proposal

Administration Comments

Clause 4.7.2:

Setbacks to secondary street boundaries may be reduced by Council to 3m.

 

Messina Drive is the Primary Street, and Capri Leone Way and Santa Rosalia Vista are considered as secondary streets. Therefore, the minimum setback required is 3m to the boundaries along Capri Leone Way and Santa Rosalia Vista.

 

Capri Leone Way (south western boundary):

The proposed bin store and shade sail is setback nil and 2.6m to the south western boundary respectively.

 

Santa Rosalia Vista (north western boundary):

The proposed Child Care Centre and shade sail is setback 1.8m and 2.4m to the north western boundary respectively.

 

The bin store is screened by an existing 1.8m high fence and therefore is not visible from the street.

 

Shade sails are not solid structures and therefore are unlikely to result in building bulk as viewed from the street.

 

The Child Care Centre is proposed within an existing residential dwelling with extensions that have been designed to match the existing dwelling. Therefore the appearance is consistent with the surrounding streetscape.

 

These variations are deemed acceptable.

Clause 4.7.4:

That portion of lot within 3m of the street alignment shall only be permitted to be used for a means of access and landscaping.

 

 

 

 

 

 

 

 

 

 

 

 

Messina Drive:

1m to 2m wide landscaping strip and access, with the remainder of the frontage being undeveloped at this stage.

 

Capri Leone Way:

0.3m to 3m wide landscaping, bin store, parking, access and artificial turf which forms part of an outdoor play area.

 

Santa Rosalia Vista:

8m wide landscaping which forms part of an outdoor play area, extension of the child care centre building, with the remainder of the frontage being undeveloped at this stage.

 

The subject site is bounded by three roads, and therefore this requirement is applicable to three boundaries.

 

Given that a total of 11.5% of the site area has been set aside for landscaping which exceeds the minimum landscaping requirement of (which is 8% of the site area), and that the site provides verge landscaping consisting of 11 verge trees surrounded by flower beds to soften the appearance of the streetscape, the variation is deemed acceptable.

Local Planning Policy 2.3 Child Care Centre Requirements

Requirement

Proposal

Administration Comments

Clause 1.1

Child Care Centres should not be located on Primary or District Distributors, or adjacent to Access Roads in residential areas. These Centres should be located on Local Distributor roads.

 

The application proposes access of Messina Drive (a Local Distributor Road) and access off Capri Leone Way (Access Road).

 

Whilst the application proposes access from Capri Leone Way, which is an Access Road, only four staff car parking bays are proposed in this parking area, minimising vehicular traffic into the surrounding residential areas. The remainder of the car parking bays are accessed from Messina Drive, which is a Local Distributor road. This variation is therefore deemed acceptable.

Clause 4.1

Where car parking areas are located adjacent to secondary streets, the car park shall be setback a minimum of three (3) metres to allow for landscaping.

 

Car parking areas accessed from Capri Leone Way (secondary street) setback 0.3m from the boundary.

 

 

As discussed previously, the 3m landscaping variation is deemed acceptable. Notwithstanding, as there is an existing 1.8m high solid fence located along the secondary street boundary, the car parking bays will be largely screened from Capri Leone Way, and therefore will have a minimal impact to the streetscape. This variation is therefore deemed acceptable.

Clause 8

It is preferable that fencing along the secondary street be located behind any required landscaping strip, unless the fence is permeable from natural ground level.

 

Fencing along Capri Leone Way is located on the boundary with a height of 1.8m, and is not visually permeable.

 

Given that the 1.8m high fence along Capri Leone Way is existing, and landscaping is also proposed along the verge to soften the appearance of the solid fence, this variation is deemed acceptable.

Clause 9.2

Windows to activity rooms shall be oriented away from adjoining residential properties to minimise any noise impacts.

 

Windows are proposed along Play Space 1, Play Space 5 and Common Covered Outside Play Space 1.

 

In accordance with LPP 2.3, an Environmental Noise Assessment was provided and formed part of the assessment. The Environmental Noise Assessment demonstrated that noise impacts from activity rooms will be low subject to the external glazing having a minimum glass thickness of 6mm. This is recommended as a condition of approval to ensure this variation can be deemed acceptable.

 

A further discussion of the potential noise impacts of the development is provided below.

Key Issues Raised during Public Consultation

Increased Traffic

A number of submitters objected to the proposal as they consider it will significantly increase the number of vehicles on the surrounding road network. A Traffic Impact Assessment (TIA) was provided as part of this application, and updated to reflect the most recent version of the proposal.

Noting that the proposed operating hours are between 7:15am to 6:00pm Monday to Friday, the TIA identifies the following traffic peak movements:

·          Morning Peak Period (7:00am to 9:00am): 42 vehicle trips per hour (vtph);

·          Afternoon Peak Period (2:30pm to 4:00pm): 29 vtph; and

·          Late Afternoon Peak Period (4:00pm to 6:00pm): 14 vtph.

The TIA concluded that the number of trips generated from the proposal will have a low impact on the existing traffic flow in the surrounding road network.

The TIA identified the majority of traffic will be generated on Messina Drive which is a Local Distributor Road, which has a capacity of up to 3,000 vehicle trips per day (vtpd). However, the City’s Traffic Services has advised that in future, Messina Drive is intended to accommodate up to 6,000 vtpd once it is extended through to the Wanneroo Town Centre to the south, with the road being upgraded to accommodate this change. Given that the current traffic count on Messina Drive is 2,816 vtpd, the additional traffic generated from the Child Care Centre falls within the expected future traffic volumes. The City’s Traffic Services has reviewed the location of the crossover on Messina Drive and TIA, and considers there is sufficient capacity on the existing road network to cater for the predicted traffic volumes associated with the Child Care Centre.

A Waste Management Plan (Attachment 6) has also been provided, detailing that private waste collection will be between 9am to 1pm, to reduce any impacts of traffic to the surrounding residential properties.

Further to the above, Administration is of the view that the increase in traffic associated with the development will not have a significant impact on the amenity of surrounding residential developments for the following reasons:

·          Drop off and pick up are staggered over long periods (usually 7.00am – 9.30am and 2:30pm to 6:00pm). There is not one set starting time or finishing time, therefore drop off/pick up times will depend on family schedules/work arrangements;

·          Younger children or children new to the centre may only do part days resulting in midday drop offs/pick ups; and

·          A condition is recommended for the operations of the proposed development to comply with the Waste Management Plan (Attachment 6).

Noise Impacts

A number of submitters raised concerns that noise generated from the development will impact the amenity of the area. An Environmental Noise Assessment was provided which considered the potential impacts from:

·          Children playing in the outdoor play areas;

·          Air Mechanical Services; and

·          Car doors closing.

The report concluded that the proposed development could comply with the Environmental Protection (Noise) Regulations 1997 subject to:

·          Restricting the number of children using Outdoor Play Area 1 to 20 at any one time, which directly abuts residential properties;

·          The inclusion of a 2m high solid fence, constructed of sheet metal, along the south eastern boundary abutting Lot 250 (5) Capri Leone Way (highlighted in yellow within the Site Plan of Attachment 2); and

·          A 2.4m high solid fence bordering the northern portion of Outdoor Play Area 1 (highlighted in blue within the Site Plan of Attachment 2).

The report was assessed by the City’s Environmental Health officers who determined it to be satisfactory. A Noise Management Plan has been prepared in accordance with the recommendations outlined in the Environmental Noise Assessment. The Noise Management Plan is included as Attachment 7.

The City’s Fencing Local Law 2016, prescribes a sufficient dividing fence for a lot abutting a residential property as being no more than 1.85m in height and constructed of cement sheeting, timber pickets, brick, stone, concrete, or a combination of these materials. As discussed above, the Environmental Noise Assessment identifies that a 2m-high solid fence is required on the boundary with Lot 250 (5) Capri Leone Way. The Fencing Local Law 2016, allows for a fence of greater height where there is agreement between the owners of the adjoining property. The adjoining owners have agreed to the increase in fence height.

It is acknowledged that surrounding residents will likely hear children playing at the proposed development, however it is considered this will not have significant impact for the following reasons:

·          Outdoor play time is proposed to be managed and restricted in duration. Generally, play time will be staggered with smaller groups of children outside at any one time;

·          Child care practices take into consideration weather conditions and only have children outside during appropriate periods (i.e. not early in the morning or during the middle of the day). This will generally limit any noise impacts mid-morning and mid-afternoon; and

·          A condition is recommended for the operations of the proposed development to comply with the Noise Management Plan (Attachment 7), and that measures recommended by the Environmental Noise Assessment will be implemented prior to the commencement of the use.

In light of the above, the City considers that potential noise impacts associated with the proposed development can be sufficiently managed through compliance with the Environmental Protection (Noise) Regulations 1997 and through the imposition of specific conditions of development approval. Should any complaints arise relating to noise generated on the site, the City’s Health and Compliance team will investigate to ensure that the Child Care Centre is operating in compliance with the Environmental Protection (Noise) Regulations 1997.

Loss of Privacy

One objection raised the concern that the proposal will result in a loss of privacy due to an increase in vehicular and pedestrian traffic, and the potential for employees overlooking into their property in search of lost toys.

The proposed Outdoor Play Area 1 primarily abuts Lot 250 (5) Capri Leone Way, which has a 2m high fence bordering the boundary. A 2.4m high fence, which is located within the lot, also borders the northern portion of Outdoor Play Area 1. Given that the fencing surrounding Outdoor Play Area 1 ranges between 2m to 2.4m in height, it would restrict overlooking and reduce the likelihood of toys being thrown over the fence by children.

In light of the above, the boundary fence and the noise wall provides sufficient screening to restrict overlooking and will not result in the loss of privacy to the adjoining residential properties.

Conclusion

The development application for a Child Care Centre at Lot 288 (54) Santa Rosalia Vista, Sinagra, has been assessed against the relevant provisions of DPS 2 and LPP 2.3, and is considered to satisfactorily meet the requirements of these documents. Administration considers that the issues raised during the advertising period have been sufficiently addressed and no further modifications to the proposal are required.

It is therefore recommended that Council approve the proposed development subject to conditions.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2, Agreed Structure Plan No. 4 East Wanneroo Cell 2, and Local Planning Policy 2.3 Child Care Centres.

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

3.4.2  Provide safe spaces, centres and facilities through our infrastructure management and designs for community benefit and recreation

Risk Management Considerations

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

Policy Implications

The proposal has been assessed against the relevant provisions of the following:

·          District Planning Scheme No. 2 (DPS 2);

·          Agreed Structure Plan No. 4 East Wanneroo Cell 2 (ASP 4); and

·          Local Planning Policy 2.3: Child Care Centres (LPP 2.3).

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         Pursuant to Clause 68 (2)(b) of the Deemed Provisions of District Planning Scheme No. 2, APPROVES the Development Application (DA2018/408), as shown in Attachment 2, for a Child Care Centre at Lot 288 (54) Santa Rosalia Vista, Sinagra, subject to the following conditions:

a)         The Child Care Centre shall be used in accordance with the applicable definitions as defined in the City’s District Planning Scheme No. 2.

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

c)         A maximum of 81 children and 16 staff are permitted within the Child Care Centre premises at any one time.

d)         The hours of operation of the Child Care Centre shall be between the hours of 7:15am and 6pm Monday to Friday only, excluding public holidays.

e)         The operation of the Child Care Centre shall be undertaken in accordance with the approved Noise Management Plan dated 2 October 2018 (Attachment 7), which is supplementary to the Environmental Noise Assessment, dated 29 March 2018, and the addendum dated 2 October 2018, completed by Lloyd George Acoustics.

f)          Any works component shall be completed prior to the commencement of the use.

g)         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.

h)         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.

i)          Detailed civil engineering drawings and specifications for the construction of footpaths within the Messina Drive public road reserve shall be lodged for approval by the City prior to the commencement of works. Development works shall be undertaken in accordance with the approved development application, engineering drawings and specifications to the satisfaction of the City.

j)          All costs associated with these works shall be at the applicants/landowners cost, and shall be completed prior to occupation of the development.

k)         Planting and Landscaping shall be carried out in accordance with the approved Landscape Plan L1.01 prior to the occupation of the building and thereafter maintained to the satisfaction of the City.

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

m)        Storage areas, plant and equipment shall be screened from view from streets, public places and adjacent properties.

n)         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.

o)         Future operations on the lot shall be undertaken in accordance with the approved Waste Management Plan dated 2 October 2018 (Attachment 6).

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

q)         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.

 

Attachments:

1.

Attachment 1 - Location Plan - Lot 288 (54) Santa Rosalia Vista, Sinagra

18/418550

 

2.

Attachment 2 - Development Plans - Proposed Child Care Centre - Lot 288 (54) Santa Rosalia Vista, Sinagra

18/427337

Minuted

3.

Attachment 3 - Concept Plans - Lot 288 (54) Santa Rosalia Vista, Sinagra

18/431084

 

4.

Attachment 4 - Location of Submitters - Lot 288 (54) Santa Rosalia Vista, Sinagra

18/453361

 

5.

Attachment 5 - Schedule of Submissions following Advertising - Lot 288 (54) Santa Rosalia Vista, Sinagra

18/427350

 

6.

Attachment 6 - Waste Management Plan - Lot 299 (54) Santa Rosalia Vista, Sinagra

18/424283

Minuted

7.

Attachment 7 - Noise Management Plan - Lot 288 (54) Santa Rosalia Vista, Sinagra

18/431504

Minuted

 

 

 

 

 

 

 

 

 

 

 

 

 


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3.4    Proposed Amendment No. 169 to District Planning Scheme No. 2 - Creating a Massage Premises Land Use Class

File Ref:                                              35777 – 18/446966

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Issue

To consider an amendment to the City’s District Planning Scheme No. 2 (DPS 2) to introduce ‘massage premises’ as a land use class.

Background

The City’s Administration has considered over 20 development applications for massage premises since 2011 (excluding Home Businesses that offer massage). In each instance, the City’s Administration has considered these premises as an unlisted use – that is, a use that DPS 2 does not define or set land use permissibility.

Clause 3.3 of DPS 2 – relating to unlisted uses is as follows:

“If the use of the land for a particular purpose is not specifically mentioned in Table 1 and cannot reasonably be determined as falling within the interpretation of one of the use categories the Council may:

a)      determine that the use is consistent with the objectives and purposes of the particular zone and is therefore permitted; or

b)      determine that the proposed use may be consistent with the objectives and purposes of the zone and thereafter follow the “D” procedures of Clause 6.2.2 in considering an application for development approval; or

c)      determine that the use is not consistent with the objectives and purposes of the particular zone and is therefore not permitted.”

When assessing unlisted uses (such as massage premises currently), the City does not refer to the Zoning Table (Table 1) of DPS 2 to determine whether such a use is permitted (‘P’), discretionary (‘D’ or ‘A’) or not permitted (‘X) in the zone. Rather, the permissibility of an unlisted use in a zone is determined by applying Clause 3.3 of DPS 2 (as above), by considering whether the unlisted use is consistent (or not consistent) with the objectives and purposes of the zone in which the unlisted use is proposed.

Administration’s preparation of this DPS 2 amendment was prompted by the following comment made in a State Administrative Tribunal (SAT) decision in the context of a development application for a massage premise at a property within the City:

“The Tribunal observed that it is in the interests of orderly and proper strategic and statutory planning for an identified innominate use to be specifically listed in the Zoning Table and for the Scheme to expressly nominate whether the use is prohibited, permitted (but may be conditioned), or may be approved or refused in the exercise of planning discretion, in the various zones. The Tribunal observed that this would provide greater certainty and avoid public and private resources having to be incurred are the complex task of assessment as to whether an unlisted use is consistent with, may be consistent with, or is not consistent with the objectives and purposes of the zone.”

Although the City is not bound to take action in respect to the SAT comment above, Administration considers it would be useful to include a massage premises land use in DPS 2. This would provide certainty and clarity on massage premises as a use as well as the zones in which they should be located.

Detail

The purpose of this amendment is to introduce a use class into DPS 2 relating to massage premises. The definition will encompass premises that provide services such as remedial massage, traditional massage, sports massage, reflexology massage and other associated therapeutic or remedial services such as acupuncture and aromatherapy.

The massage premises use class will not include the provision of any sexual services, as the proposed definition will specifically prescribe as outlined below. Therefore, any premise that offers a sexual service will not be considered a ‘massage premises’ in the context of the proposed land use and the proposed land use definition.

Administration is proposing to amend DPS 2 by:

1.         Adding the following land use definition for ‘massage premises’ into DPS 2:

massage premises : means premises involving the massaging manipulation or other treatment of body parts for therapeutic or remedial purposes, but does not include the provision of any sexual services.

2.         Inserting permissibility for the ‘massage premises’ use class into the DPS 2 Zoning Table as follows:

Zones

 

 

 

 

 

Residential

MIXED USE

BUSINESS

COMMERCIAL

CIVIC & CULTURAL

PRIVATE CLUBS/RECREATION

GENERAL INDUSTRIAL

SERVICE INDUSTRIAL

GENERAL RURAL

RURAL RESOURCE

SPECIAL RURAL

SPECIAL RESIDENTIAL

LANDSCAPE ENHANCEMENT

 

 

 

 

USE CLASSES

Massage Premises

X

D

P

P

X

X

X

D

X

X

X

X

X

3.         Inserting a car parking standard for ‘massage premises’ into DPS 2, being five bays per practitioner.

The Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) set out the criteria for the various types of local planning scheme amendments. Administration considers that this proposed amendment will be a ‘complex amendment’ in the context of the Regulations, in that this amendment is not addressed by a local planning strategy.

Consultation

Administration had previously discussed this proposed DPS 2 amendment with Elected Members at the 23 October 2018 Council Forum.

If initiated for the purpose of advertising (or ‘prepared’ as per the term used in the Regulations), this ‘complex amendment’ will be referred to the Western Australian Planning Commission (WAPC) for its consideration prior to any advertising. Also if prepared, the amendment will be referred to the Environmental Protection Authority (EPA); to assess the environmental impacts of the proposal, and to determine whether any formal environmental assessment is necessary.

Subject to the approval of the WAPC and the EPA, a prepared complex amendment must be advertised for public comment for a period of at least 60 days, and in the following manner:

a)         publish the notice in a newspaper circulating in the scheme area;

b)         display a copy of the notice in the offices of the local government for the period for making submissions set out in the notice;

c)         give a copy of the notice to each public authority that the local government considers is likely to be affected by the amendment;

d)         publish a copy of the notice and the amendment on the website of the local government; and

e)         advertise the amendment as directed by the WAPC and in any other way the local government considers appropriate.

Comment

Key considerations that Administration has made in preparing this proposed DPS 2 amendment are discussed below:

Misalignment with the Model Provisions

Schedule 1 of the Planning and Development (Local Planning Scheme) Regulations 2015 (Regulations) provides model provisions for local planning schemes (model provisions). The model provisions do not have a definition for massage premises; and as such, proposing to include a massage premises land use into DPS 2 would be a departure from the model provisions.

Administration sought the advice from officers at the Department of Planning, Lands and Heritage (DPLH) on departing from the model provisions. The response received was that any DPS 2 amendment departing from the model provisions should be appropriately justified. Administration considers that it is appropriate and justifiable to depart from the model provisions in this instance for the following reasons:

·          There are no land use definitions in the model provisions that the City could easily use to encompass massage premise activities.

·          The SAT in a previous planning decision (refer to the ‘Background’ section above) expressed the need for the City to identify the relevant innominate use (or unlisted use being massage premises) in DPS 2, and to expressly nominate its permissibility in each zone. In Administration’s opinion, this proposed DPS 2 amendment sets out to achieve this.

Massage Premises Land Use Permissibility and Zone Objectives

Table 1 of DPS 2 (the Zoning Table) indicates the following in respect to the permissibility of uses classes in various zones:

“P” =    A use class that is permitted but which may be subject to any conditions that the Council may wish to impose in granting its approval.

“D” =   The Council in exercising its discretion as to the approval or refusal of an application for Development Approval shall have regard to the provisions of Clause 67 of the deemed provisions. Clause 67 of the deemed provisions lists planning matters that may be relevant in considering a development application.

“A” =    A use class that is not permitted unless the Council has exercised its discretion and has granted development approval after advertising the proposal.

“X” =    A use class that is not permitted except where provision is made specifically for Council to approve an otherwise prohibited use.

The objectives of the Business and Commercial Zones encourage the establishment of business services. As massage premises meet the objectives of the Business and Commercial Zones by offering a form of service, Administration therefore has proposed this land use be permitted (‘P’) in these zones.

Similarly, the Mixed Use Zone objectives encourage appropriate businesses to locate in close proximity to residential areas. Although massage premises could meet the objectives of the Mixed Use Zone, the use does have the potential to have some amenity impact on surrounding residents situated in the zone (e.g. by way of traffic movements, parking etc). As such, Administration has proposed for the massage premises land use to be a discretionary (‘D’) use in the Mixed Use Zone.

The development application for massage premises referred to in the Background section of this Report, and was subject to SAT’s review, was situated in the Service Industrial Zone. The objectives of the Service Industrial Zone are as follows:

a)         accommodate a range of light industries, showrooms and warehouses, entertainment and recreational activities, and complementary business services which, by their nature, would not detrimentally affect the amenity of surrounding areas;

b)         ensure that development within this zone creates an attractive façade to the street for the visual amenity of surrounding areas.

In making its decision, the SAT considered that particular massage premise may be consistent with the objectives and purposes of the Service Industrial Zone, because;

·          It was a ‘complementary business service’ to ‘recreational activities’ that are already capable of being approved in the zone; and

·          That massage premise could be accommodated in the zone and not detrimentally affect the amenity of the area.

In light of the SAT decision discussed above, Administration considers that massage premises are capable of meeting the objectives of the Service Industrial Zone, and therefore massage premises is also proposed to be a discretionary (‘D’) use in this zone.

Administration is proposing that massage premises not be permitted (‘X’) in all other zones.

Proposed Car Parking Requirements

Administration is proposing a car parking standard of five bays per practitioner for massage premises. This is consistent with the car parking standards already set out for the Medical Centre use class in DPS 2.

Administration considers that five bays per practitioner is an acceptable parking standard for massage premises; as it would provide parking for the practitioner, a support staff member (such as a receptionist), a client receiving treatment, a waiting client, and a departing client.

Obtaining Information for DA’s – Form of Massage Provided and Practitioner Qualification

The proposed land use definition for massage premises (as provided for in the Detail section above) outlines the forms of treatments that can or cannot be offered in such premises. 

When receiving a development application for massage premises, Administration is able to seek information from an applicant on the forms of massage (or other therapeutic or remedial treatment) that is intended to be offered. Administration is also able to seek information on the qualification and accreditation of the practitioners that would be operating within a proposed massage premises. Obtaining this information would assist Administration in understanding whether a proposed massage premises would be operating in a manner consistent with a DPS 2 land use definition for massage premises.

Administration could request this information be included in a development application submission for massage premises under Clause 63(1)(d) of the DPS 2 Deemed Provisions; which stipulates that an application for development approval must be accompanied by any information that the local government reasonably requires.

Statutory Compliance

The DPS 2 amendment process is prescribed in the Planning and Development Act 2005 as well as the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

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

 “2     Economy

2.2    Strategic Growth

2.2.4  Protect and increase availability of employment generating land

Risk Management Considerations

Risk Title

Risk Rating

CO-O19 Decision-Making

Low

Accountability

Action Planning Option

Chief Executive Officer

Manage

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

Policy Implications

Nil

Financial Implications

The costs in preparing this amendment to DPS 2 can be met from the current Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.   PREPARES Amendment No. 169 to the City’s District Planning Scheme No. 2 pursuant to Section 75 of the Planning and Development Act 2005, to amend the local planning scheme by:

a)   Adding the following land use definition for ‘massage premises’ into Section 2 of Schedule 1:

massage premises : means premises involving the massaging manipulation or other treatment of body parts for therapeutic or remedial purposes, but does not include the provision of any sexual services.

b)   Inserting permissibility for the ‘massage premises’ use class into “Table 1 (Clause 3.2) - The Zoning Table” as follows:

Zones

 

 

 

 

Residential

MIXED USE

BUSINESS

COMMERCIAL

CIVIC & CULTURAL

PRIVATE CLUBS/RECREATION

GENERAL INDUSTRIAL

SERVICE INDUSTRIAL

GENERAL RURAL

RURAL RESOURCE

SPECIAL RURAL

SPECIAL RESIDENTIAL

LANDSCAPE ENHANCEMENT

 

 

 

 

 

 

USE CLASSES

Massage Premises

X

D

P

P

X

X

X

D

X

X

X

X

X

c)   Inserting car parking standards for the ‘massage premises’ use class into “Table 2 (Clause 4.14) - Car Parking Standards” as follows:

 

Use Class

 

Number of On-Site Car Parking Spaces

 

Commercial

 

Massage Premises

5 per practitioner

2.   Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 169 to District Planning Scheme No. 2 is a Complex Amendment for the following reason:

An amendment that is not addressed by any local planning strategy.

3.   Pursuant to Regulation 37(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUBMITS two (2) copies of the Amendment No. 169 to District Planning Scheme No. 2 documentation to the Western Australian Planning Commission for its consideration;

4.   Pursuant to Section 81 of the Planning and Development Act 2005 REFERS Amendment No. 169 to District Planning Scheme No. 2 to the Environmental Protection Authority; and

5.   Subject to approval from the Environmental Protection Authority and the Western Australian Planning Commission, ADVERTISES Amendment No. 169 to District Planning Scheme No. 2 for a period of not less than 60 days pursuant to Regulation 38 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

 

Attachments: Nil   


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                         83

 

Assets

Asset Operations & Services

3.5    PT02-09/18 Request to Move the Rails from Path between Belgrade and Elizabeth Roads through to Bamboore Crescent, Wanneroo

File Ref:                                              3120V03 – 18/449848

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider petition PT02-09/18, requesting relocation of the U-rails at both ends of the pedestrian access way between the corner of Belgrade and Elizabeth Roads leading to Bamboore Crescent, Wanneroo.

Background

Council received petition PT02-09/18 from the residents of Belgrade Village at its meeting on 18 September 2018 with 30 signatures and reads as follows:

“From Belgrade Road and Elizabeth Street a pathway goes through to Bamboore Cres, this pathway has rails to stop bikes using it. (Bikes just go around the rails).

Several residents in Belgrade retirement village have gophers (shop riders) it would be a lot shorter to the Shopping Centre if we could use this path, so we would like these rails to be moved.”

Detail

The pedestrian access way (PAW) in question is located between the Belgrade Road - Elizabeth Road corner and Bamboore Crescent. The locality map depicts the position of the PAW subject to petition PT02-09/18 in Attachment 1. The PAW is constructed as a 1.8m wide concrete path within a freehold Lot 155 on Deposited Plan 10426 which is set aside for the purpose of a PAW. The PAW is approximately 39m in length and U-rails are in place at the both ends to stop motorised vehicles using the PAW.

Consultation

Administration met on site with the petition organiser to discuss the issue and the potential solutions. It was agreed that modifications to the existing U-rails would enable ease of use by people with prams, wheelchairs and other mobility aids.

Comment

Footpaths along Belgrade Road and Elizabeth Road are regularly used by the elderly residents of the Elderbloom Community Care Centre (Belgrade Village) located approximately 500m east of the PAW. The Wanneroo Central shopping precinct is a major attractor for local residents. The area also has significant community facilities which include public libraries, Aquamotion, regional museum, medical centre, schools and restaurants. It is difficult for community members pushing a pram or using a mobility scooter to pass safely through the existing U-rails at the PAW. Some larger mobility scooters may not be able to use this PAW at all and these residents would need to travel via Dundebar Road or Civic Drive to reach Wanneroo Central shopping precinct and public facilities. The high volume of traffic on these roads raises safety concerns for these vulnerable road users. The City recognises the value of safe and convenient pedestrian access to community facility and supports infrastructure upgrades to make pedestrian trips as short and pleasant as possible.

The City’s primary obligation regarding PAWs is to provide pedestrian and disability access under the Disability Discrimination Act 1992 (DDA), which requires…. that a person with a disability has a right to access public places in the same way as a person without a disability. The placement of bollards, U-rails or similar devices within the pathway can impact on the City’s ability to meet its obligations under the DDA. To meet its obligations under the DDA, the pathway will require a continuous navigable width of at least 1.2m to allow for wheelchair access.

Experience has shown that an unintended consequence of removing u-rails or bollards is that some motorcycle users may choose to illegally ride down the pathway as a short cut. Under these circumstances, the City design for pathway treatments will ensure the City satisfies its obligation under the DDA while minimising the likelihood of illegal motorcycle access.

In this case, it is proposed relocate the existing U-rails to meet DDA compliance as shown in Attachment 2. These works will improve connectivity and safety allowing easier movement for residents accessing Wanneroo Town Centre. It should be noted that the proposed treatment will not stop motorcycles. Should illegal motorcycle use become an issue, Administration will contact WA Police to prosecute offenders through enforcement of the Road Traffic Code.

Statutory Compliance

The City has an obligation under the Disability Discrimination Act 1992 to ensure that pathways within the City are accessible to disabled users. 

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

3.5.2  Connect walking and cycling opportunities to key destinations and distinctive places

Risk Management Considerations

Risk Title

Risk Rating

CO-O01 Relationship Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

CO-O23 Safety of Community

Moderate

Accountability

Action Planning Option

Director Community & Place

Manage

The above risks have been identified and considered within the corporate risk register. Action plans have been developed to mitigate risks and deliver an outcome aligned to our obligation under the Disability Discrimination Act 1992 to ensure that pathways within the City are accessible to disabled users.

Policy Implications

Nil

Financial Implications

The cost of the modification works to the existing U-rails, as proposed, is considered minimal and will be funded through PR-2656 Miscellaneous Traffic Treatments.  

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the installation of Disability Discrimination Act 1992 compliant U-rail treatments at the public access way between Belgrade Road and Bamboore Crescent, Wanneroo as shown in Attachment 2; and

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

 

Attachments:

1.

Location Map - Pedestrian accessway between Belgrade Rd and Bamboore Cr Wanneroo

18/451992

 

2.

Concept Plan- Modification works to the existing U rails at the PAW between Belgrade Rd and Bamboore Cr Wanneroo

18/451993

Minuted

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                         86

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                         87

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                         88

 

Infrastructure Capital Works

3.6    Tender No. 18197 Kingsway Olympic Sports Clubrooms New Changerooms Facilities

File Ref:                                              23810V02 – 18/422461

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2

Previous Items:                                   CP06-06/17 - Olympic Kingsway Sports Club - Changerooms and Spectator Seating Concept Design - Ordinary Council - 27 Jun 2017 6.00pm

                                                            CP01-03/18 - Olympic Kingsway Sports Club (Inc) - Grandstand Funding Support Request - Ordinary Council - 06 Mar 2018 7.00pm

                                                            AS05-03/18 - Tender No. 17223 Kingsway Olympic Sports Clubrooms New Changerooms Facilities - Ordinary Council - 27 Mar 2018 7.00pm       

Issue

To consider Tender No. 18197 for the construction of the Kingsway Olympic Sports Clubrooms New Changerooms Facilities.

Background

At its meetings held on 27 June 2017, Council considered report CP06-06/17 Olympic Kingsway Sports Club – Changerooms and Spectator Seating Concept Plan and resolved to:

1.         ENDORSES the Olympic Kingsway Sports Club Changeroom and Spectator Seating Concept Design, shown in Attachment 3 and 4 of this report;

2.         NOTES that based on the current proposed project schedule, construction is due to commence in December 2017 and will be concluded in October 2018, with practical completion to occur in November 2018;

3.         NOTES the project funding model, inclusive of a grant of $200,000 from the Federal Department of Infrastructure and Regional Development and a contribution of $283,757 from the Olympic Kingsway Sports Club; and

4.         RECOGNISES and THANKS the user groups for their involvement in the concept design process.”

On 6 March 2018, Council considered report CP01-03/18 - Olympic Kingsway Sports Club (Inc) - Grandstand Funding Support Request and resolved as following:

1.         APPROVES IN PRINCIPLE the provision of funding support to the Olympic Kingsway Sports Club Inc. in the order of $235,650 for the Club to undertake extensions to their club facilities, comprising of a grandstand with covered seating for 200 spectators, via the following arrangement:

a)      The Club’s contribution is funded via the City’s existing WA Treasury Corporation Loan (2005);

b)      The City providing a new lease to the club with a lease payment that covers the City’s investment and costs incurred (principal and interest), over a period of time (i.e. 15 years);

2.         NOTES that the proposed arrangement as outlined in 1 above will be subject to the following:

a)      provision of sufficient audited financial and trading statements to demonstrate the ability of the Club to meet the requirements of the funding arrangement, to the satisfaction of the Chief Executive Officer;

b)      the City undertaking an independent review of the Club’s financial position and capacity to pay prior to finalising the funding arrangement; and

c)      provision of minutes of a legally constituted meeting of the Club demonstrating agreement to the funding arrangement.

3.         NOTES that the proposed use of the WA Treasury Corporation Loan (2005) to assist in the funding of the proposed grandstand is in keeping with the intent of the loan, as per Council report (SC03-07/06);

4.         NOTES that this arrangement will result in a new lease being entered into with the Olympic Kingsway Sports Club, as per the City’s Leasing Policy and a further report will be presented to Council for approval in due course; and 

5.         NOTES that the proposed expenditure relating to the construction of the proposed grandstand will be included within the 2018/19 capital budget.

Retiling of existing male and female toilets has been incorporated into the scope of the Kingsway Olympic Sports Clubrooms project to achieve value for money and ensure the work is delivered under the builder's quality management systems and warranties.

The design was completed by Bollig Design Group and included the preparation of technical specification and documentation for the construction tender.

Detail

Tender Assessment

Tender No. 18197 for the Kingsway Olympic Sports Clubrooms New Changerooms Facilities was advertised on Saturday 25 August 2018 and closed on Tuesday 18 September 2018.

Essential details of the proposed contract are as follows:

Item

Detail

Contract Form

Major Works – AS4000

Contract Type

Lump Sum

Contract Duration

32 weeks (8 months) plus 12 months Defects Liability Period

Commencement Date

2 weeks after receipt of Letter of Award

Expiry Date

12 months after Practical Completion

Extension Permitted

Yes, subject to time required for rectification / remedial works and including extended warranty for defective items rectified

Rise and Fall

Does not apply

Tender submissions were received from the following companies:

BE Projects (WA)

BE

Bistel Construction

Bistel

Construct360

Construct360

FIRM Construction

FIRM

LKS Construction (WA)

LKS

McCorkell Constructions (WA)

McCorkell

Pindan Constructions

Pindan

REN Constructions

REN

Shelford Constructions

Shelford

Topend Living T/A Buildon Construction

Buildon

Vera Builders

VERA

Tender Evaluation Panel, (the “Panel”)

The Panel comprised of Project Officer Building, Project Manager - Major Buildings, Acting Manager Asset Maintenance, Occupational Safety and Health Officer, and supported by the Project Architect (external) and Project Quantity Surveyor (external) as technical advisors.

Probity Oversight

Oversight to the tender assessment process was undertaken by the City’s Contracts Officer. Tender submissions were evaluated in accordance to the Tender Evaluation Plan (TEP) which included the following selection criteria:

Item No

Description

Weighting

1

Lump sum price for the works offered

35%

2

Organisation experience in similar works

15%

3

Key personnel experience in similar works

15%

4

Methodology, Quality & Risk Management

15%

5

Occupational Safety and Health, OSH management

20%

Compliance Check

All submissions were deemed compliant with the tender requirements.

Shortlisting - Exclusion List

The shortlisting criterion was declared in the tender documentation Part 1 General Conditions of Tendering, Clause 7.4 stating " Price submissions that exceed 5% over the City’ construction pre-tender estimate may not be considered and therefore excluded from further assessment Price for goods and or services offered". The clause was kept concise for commercial purposes.

Eight submissions met the shortlisting criteria and were determined eligible to proceed forward for qualitative assessment. Submissions from REN, Shelford and Vera were excluded from further assessment.

Evaluation Criteria 1 – Lump sum price for the works offered (35%)

An assessment was made to determine the ranking based on the lump sum pricing/schedule of rates provided with the tender documentation:

Tenderer

Ranking

FIRM

1

Pindan

2

Construct360

3

Buildon

4

BE

5

McCorkell

6

Bistel

7

LKS

8

Evaluation Criteria 2 – Organisational experience in similar works (15%)

The criterion considers the tenderers' experience in delivering projects and services of a similar nature and circumstances, with considerations given to project type, size and complexity.

BE’s response ranked highest as it demonstrated multiple and similar local government experience. The details and explanations included in the submission reinforced the relevance of the organisation and understanding of the evaluation criterion.

McCorkell’s submission demonstrated good and relevant experience to the requirement of the evaluation criterion. This includes recent projects with various local governments consisting of various sporting builds and community facilities.

Bistel, FIRM and Pindan’s submission presented relevant projects demonstrating capability to meet the requirements of the works. Experience includes local government, extensions, refurbishments, upgrades, and commercial projects.

Construct360 and LKS’ submissions had shortcomings in demonstrating the respondent’s capability and capacity. The submissions highlighted experiences with client operational needs however were limited to refurbishments, repairs and upgrade of existing facilities.

The Panel found details significantly lacking from Buildon’s submission. The projects presented lacked sufficient description to validate as relevant experience.

The assessment of this criterion has resulted in the following ranking;

Tenderer

Ranking

BE

1

McCorkell

2

Bistel

3

FIRM

3

Pindan

3

Construct360

6

LKS

6

Buildon

8

Evaluation Criteria 3 – Key personnel experience in similar works (15%)

Assessment considered the tenderers' team members allocated for the project and the relevant experience in supplying services of a similar nature and circumstances.

BE, McCorkell and Pindan’s submissions demonstrated qualification and experience for their nominated key personnel. The inclusion of resourcing with time commitments and CVs of the nominated key personnel further illustrated compliance to the requirements of this criterion.

The Panel found information supplied by Bistelon demonstrated a proposed team with good experience relevant to the scope of works. The submission included information on additional support staff when required.

Firm and LKS’ responses presented past experience, history of employment and previous roles held by the proposed team relevant to the requirement of the criterion. The examples provided mainly related to refurbishments with varying types of new works.

Construct360’s submission lacked details to demonstrate relevance to the requirement of the criterion. All proposed team members served multiple roles and the overall response has insufficient information and could not be considered further.

Buildon’s submission lacked fundamental information on key personnel, past experiences to demonstrate relevance to the requirement of the criterion.

The assessment of this criterion has resulted in the following ranking:

Tenderer

Ranking

BE

1

McCorkell

1

Pindan

1

Bistel

4

FIRM

5

LKS

5

Construct360

7

Buildon

8

Evaluation Criteria 4 – Methodology, Quality & Risk Management (15%)

This criterion considers the tenderers’ understanding of the tender documentation, the proposed methodology to carry out services, and the supplied documentation to demonstrate Quality and Risk Management systems to achieve the required outcome specific to the project.

The Panel considers BE’s submission convincing as it substantiated information on responsibilities, program, cash flow statements, considerations for safety, and quality management therefore demonstrated understanding of the tender requirements.

Bistel, McCorkell and Pindan’s submissions were ranked similar as the information supplied demonstrated understanding of the evaluation criterion. The overall content of the submissions were found relevant when assessed against the requirements of the scope of works.

Construct360’s submission included information on pre-construction testing, and has identified hold points for sign-off. Overall response and information provided demonstrated understanding of the evaluation criterion.

The Panel found Firm and LKS’ response with minor shortcomings, one lacking a Gantt Chart, however providing adequate information to demonstrate the respondents’ capability and understanding of the requirements of the scope of work.

Buildon’s submission lacked significant information to demonstrate understanding of the requirements of the evaluation criterion.

The assessment of this criterion has resulted in the following ranking:

Tenderer

Ranking

BE

1

Bistel

2

McCorkell

2

Pindan

2

Construct360

5

FIRM

6

LKS

6

Buildon

8

Evaluation Criteria 5 – Occupational Safety and Health Management, OSH (20%)

Evidence of safety and quality management policies and practices was assessed from the tender submissions.  The assessment for safety management was based on the tenderers’ responses to an Occupational Health and Safety Management System Questionnaire included within the tender documentation.

All tenderers provided details of their safety management systems with the following ranking:

Tenderer

Ranking

Pindan

1

FIRM

2

LKS

2

McCorkell

2

BE

5

Bistel

6

Buildon

6

Construct360

6

Overall Weighted Assessment and Ranking

Tenderer’s submissions were reviewed in accordance with the TEP with the following key observations:

·          The key component of the tender evaluation is price (35%); and

·          The tenderers’ bids were evaluated in accordance with the selection criteria and were assessed as having the necessary resources, previous experience, capability and safety and quality management systems to undertake the tender.

The overall weighted assessment resulted in the following tender ranking:

Tenderer

Ranking

Pindan

1

McCorkell

2

FIRM

3

BE

4

LKS

5

Bistel

6

Construct360

7

Buildon

8

Overall Comment

The tender submission from Pindan achieved the highest ranking and satisfied the overall value for money assessment in accordance with the assessment criteria and weightings as detailed in the TEP, however further analysis and risk assessment of the Pindan submission indicated an unacceptable risk to the City.

On this basis, the TEP considered the second highest ranked tenderer, McCorkell as the preferred tenderer.

Key characteristics of McCorkell’s submission are:

·          Relevant experience with similar projects;

·          Experienced and suitably qualified key personnel for successful delivery;

·          ‘Good’ OSH score;

·          ‘Sound’ financial status; and,

·          Positive feedback from reference check.

Consultation

Consultation with the Olympic Kingsway Sports Club was undertaken in the initial concept design and detailed design stages to ensure that the new facilities meet with the needs of the Club and of Football West. This consultation will continue as a part of the construction stage of the project, with a particular focus on minimising the impact on the Club whilst maintaining a safe work environment.

Statutory Compliance

Tenders were invited in accordance with the requirements of Section 3.57 of the Local Government Act 1995. The tendering procedures and evaluation complied with the requirements of Part 4 of the Local Government (Functions and General) Regulations 1996.

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

3.4.2  Provide safe spaces, centres and facilities through our infrastructure management and designs for community benefit and recreation

Enterprise Risk Management Considerations

Risk Title

Risk Rating

CO-O07 Purchasing

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

Risk Title

Risk Rating

CO-O08 Contract Management

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

 

Risk Title

Risk Rating

CO-O17 Financial Management

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

Financial and Performance Risk

Financial Risk

A financial risk assessment was undertaken as part of the tender evaluation process and the outcome of this independent assessment by Corporate Scorecard Pty Ltd advised that McCorkell Constructions (WA) Pty Ltd has been assessed with a “Sound” financial capacity to meet the requirements of the contract with no requirement for any additional risk mitigation actions to be implemented.

As per tender document requirements, McCorkell is required to provide two Bank Guarantees (combined total of 5% of the contract value) for Practical Completion and for the Defects Liability Period within 14 days after date of acceptance of tender or 5 days prior to possession of site, whichever is the latest.

Performance Risk

McCorkell was responsible for the delivery of the Kingsway Olympic Sports Clubrooms Upgrade ($567K) and the Kingsway Baseball Clubrooms ($1.739M). There were minor defects issues experienced with the Kingsway Baseball Clubrooms however McCorkell have attended and remediated the defects promptly. Both projects were delivered after the contractual completion date (1 month after) with approved extensions of time.

Operational Risk

Operational risk and mitigation will be addressed through the risk assessment process of the project management framework.

Prior to the commencement works, the appointed contractor will be inducted to the project site. Ongoing auditing of the contractor's work practices during the course of works will be undertaken to ensure compliance with the OHS requirements.

Social and Environmental (Sustainable Procurement) Considerations

In accordance with section 19 of the City’s Purchasing Policy the tender document included social and environmental considerations as non-weighted criteria. McCorkell’s submission informs the following:

·          Any product, material or equipment used in construction will be subject to McCorkell’s Construction Environmental Management Plan certified to ISO14001.

·          The following sustainability outcomes were achieved by McCorkell Constructions during the completion of the Harrisdale Sporting Pavilion and Warwick Hockey Facility in 2016: McCorkell implemented the procedures outlined below in order to achieve the best possible performance of the following Green Star credit criteria on these two projects. These contractor controlled credits will also be targeted on the Kingsway Olympic Clubrooms, in order to complement the design.

·          McCorkell will be utilising the following practices:

o    Reduction of Construction & Demolition Waste: McCorkell’s Waste Disposal Register documented waste type, amount, disposal location and transporter details.

o    Best Practice Site Remediation: Areas of grass damaged and small trees removed have been made good/replanted within the designated planter beds.

Access and Inclusion Plan

McCorkell Constructions WA understand the City’s commitment to its Access and Inclusion Plan 2015/16 – 2017/18 and will assist the City in achieving desired outcomes by constructing the facility in strict accordance with contract documents and regulatory laws to provide universal access to the facility by way of accessible pathways to the building and UAT facilities in both buildings.

Furthermore, McCorkell Construction will ensure that any temporary access requirements to the existing building during the construction phases will adhere to the Disability Access and Inclusion Plans by ensuring people with disabilities have the same opportunity to access the existing building by way of clear designated pathways and temporary ramps.

Broader Economic Impact Implications for the City of Wanneroo

The tender document included broader economic impact implications as a non-weighted criterion through the use of a “Buy Local” questionnaire. In this context ‘local’ is defined as all suburbs within the City of Wanneroo and City of Joondalup or within a 5 kilometre radius of the project site. McCorkell’s response advises:

·          40% (5) employees live locally and if awarded the Tender, will not be seeking to employ additional staff.

·          Approximately 15% of quotations received by McCorkell during the tender period have been received from local subcontractors.

·          That majority of subcontractors working on the project will be purchasing from local hardware suppliers; all hardware and materials for the construction will be sourced locally. Determination of locally sourced material can be forwarded after tender award.

Policy Implications

Tenders were invited in accordance with the requirements of the City’s Purchasing Policy.

Financial (Budget) Implications

Based on the tenderer’s lump sum, historic expenditures, previous works carried out and the capital projects program, the project total cost / estimated expenditure is summarised below:

PR – 2621 Kingsway Olympic Clubrooms, Madeley

FUNDING:

 

 

PR - 2621

 

 

Capital Works Funding up until 2017/2018

$211,088.00

 

Capital Works Funding 2018/2019

$2,484,473.00

 

          Subtotal

 

$2,695,561.00

 

 

 

Total Funding

 

$2,695,561.00

 

 

 

EXPENDITURE

 

 

Expenditure to Date

 

 

Consultancy Services

$104,751.00

 

Project management and Administration Fees

$116,014.27

 

Tender and Public Notices

$7,062.04

 

          Subtotal

 

$227,827.31

 

 

 

Expenditure to be Incurred

 

 

Commitments (consultancy, tender process etc)

$45,242.50

 

Project Management and Administration Fees

$12,413.33

 

Construction contract (preferred respondent)

$2,492,850.00

 

Construction Contingency

$120,000.00

 

          Subtotal

 

$2,670,505.83

 

 

 

Total EXPENDITURE:

 

$2,898,333.14

 

 

 

Additional funding required to deliver project

 

$202,772.14

In order to progress with the construction of the Kingsway Olympic Sports Clubrooms New Changerooms Facilities, additional funding requirement of $202,772.14 will be listed for allocation as part of the 2019/2020 Capital Works Budget. This is in line with the proposed project time frame with the construction completion planned end of first quarter 2019/2020 financial year.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         ACCEPTS the tender submitted by McCorkell Constructions (WA) Pty Ltd for Tender No. 18197 The Kingsway Olympic Sports Clubrooms New Changerooms Facilities, Kingsway for its tendered fixed lump sum pricing of $2,492,850 as per the General Conditions of Tendering; and

2.         NOTES that additional funding of $202,772.14 will be listed for allocation in the 2019/2020 Capital Works Budget for completion of the construction works, recognising that other 2019/2010 projects will need to be reprioritised.3.                    

Attachments:

1.

Attachment 1 - Kingsway Olympic Sports Clubrooms New Changeroom Facilities

18/473034

 

2.

Attachment 2: Proposed Lease/Licence Area

18/171689

Minuted

 

 

 


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Parks & Conservation Management

3.7    Pesticide Management Policy

File Ref:                                              2364 – 18/425633

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the Draft Pesticide Management Policy for public consultation.

Background

The City has previously had no specific Policy in regards to the use and management of pesticides in public areas and it is considered that an overarching Pesticide Management Policy is required for the control of pests and weeds.

Detail

There is a growing awareness in Council and the community in the use of pesticides for the control of all pests and weeds in amenity areas under City’s care and control which includes road reserves, drainage easements, right of ways, public open spaces and other public areas.

Pesticides are commonly applied in the City as part of Integrated Pest Management Programs in the form of herbicides, insecticides and fungicides.

Weed control forms the largest part of the City’s pest control program and the use of herbicides is the most common control method used.  The City will consider both chemical and non-chemical herbicides based on the location, target weed and practicality of such applications. The draft Pesticide Management Policy provides principles and direction in the use of pesticides within the City.  The draft Pesticide Management Policy provides principles and direction in the use of pesticides within the City across all areas including:

·          Parks and reserves;

·          Natural areas;

·          Streetscapes;

·          Building surrounds;

·          Road reserves;

·          Footpaths;

·          Public access ways (PAWS);

·          Drainage reserves; and

·          City owned golf courses.

Consultation

The Policy was presented to the Environmental Advisory Committee in September 2017 for comment where it was supported without change.

Comment

The objective of the Policy is to ensure that the City meets it environmental, legal and community obligations for pesticide use on land it administers in a manner that is environmentally, socially and economically responsible.  It also ensures that pesticides are applied in the City’s parks, streetscapes and conservation reserves in accordance with the relevant state government acts and guidelines and industry best practice.

Statutory Compliance

The Policy complies with the Western Australian Health Act 1911 – Health (Pesticides) Regulations 2011 and the Government of Western Australia Department of Health - A guide to the management of pesticides in local government pest control programs in Western Australia.

Strategic Implications

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

 “3     Environment (Natural)

3.1    Resource Management

3.1.1  Minimise impacts of climate change

Risk Management Considerations

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

Risk Title

Risk Rating

CO-O23 Safety of Community

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

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

Policy Implications

Nil

Financial Implications

Administration of this Policy will be delivered through existing resources within Parks and Conservation Management and financed through the annual Parks and Conservation Management Operational Budgets.

In the 2018/19 financial year, Parks and Conservation Management estimates to spend around $1.5M on pesticide application.

Voting Requirements

Simple Majority

 


 

Recommendation

That Council ENDORSES the draft Pesticide Management Policy, as contained in Attachment 1, for public comment between 16 November and 14 December 2018 by way of the following:

a)         Advertisement in local newspapers;

b)        Display at the City of Wanneroo Civic Centre, City Libraries and on the City’s website; and

c)         Letters to relevant stakeholders as determined by the Director Assets.

Attachments:

1.

DRAFT - Pesticide Management Policy Sept 2017.pdf

17/320488

Minuted

2.

Pesticide Use Notification Plan Sept 2017.pdf

17/320494

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   103

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       111

3.8    Repeal of the Weed Management Policy

File Ref:                                              24699V02 – 18/425688

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider the repeal of the Weed Management Policy, refer Attachment 1, as the Policy is now outdated by new operational plans and procedures.

Background

The Weed Management Policy was developed in 2010 to ensure that the City of Wanneroo meets its environmental, legal and community obligations for weed management on land it administers, in a manner that is environmentally, socially and economically acceptable to Council.

The Policy was presented at a Council Briefing Session in 2015, where based on feedback from Elected Members, Administration then developed a Draft Pesticide Management Policy to address the concerns of Council in regards to pesticide use in the community.

Detail

At the time the Weed Management Policy was developed, the City did not have the operational documents and procedures that are now in place in regards to the management of weeds in public open space and the use of pesticides.

The following documents now provide direction and guidance in regards to weed control and pesticide management:

·          Annual Parks and Conservation Management Service Unit Plan;

·          Parks and Conservation Management Service Levels;

·          Weed Control Contract Management Process Map;

·          Draft Pesticide Management Policy; and

·          Pesticide Notification Plan.

The Parks and Conservation Management Annual Service Unit Plan, Service Levels and Weed Control Contract Management Process Map provide guidance at an operational level in relation to the management of weeds in the City.

The Draft Pesticide Management Policy and Pesticide Notification Plan has also been developed to ensure that the City meets it environmental, legal and community obligations for pesticide use on land it administers in a manner that is environmentally, socially and economically responsible. It also ensures that pesticides are applied in the City’s parks, streetscapes and conservation reserves in accordance with the relevant state government acts and guidelines and industry best practice.

Consultation

All internal stakeholders were advised of the intended rescission of the Policy seeking their feedback and comments whereby there were no concerns.

Comment

The proposed repeal of the policy will remove outdated and superseded processes.

Statutory Compliance

The current operational procedures and Draft Pesticide Management Policy comply with the Western Australian Health Act 1911 – Health (Pesticides) Regulations 2011 and the Government of Western Australia Department of Health - A guide to the management of pesticides in local government pest control programs in Western Australia.

Strategic Implications

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

 “3     Environment (Natural)

3.2    Enhanced Environment

3.2.1  Maximise the environmental value of beaches nature reserves and parklands

Risk Management Considerations

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

Risk Title

Risk Rating

CO-O23 Safety of Community

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

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

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council APPROVES the repeal of the City’s Weed Management Policy.

Attachments:

1.

Weed Management Policy - May 2010

18/220589

 

  


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   113

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       116

 

Waste Services

3.9    Draft Waste Strategy Feedback

File Ref:                                              2240 – 18/452961

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       3         

Issue

To consider an update on the State Government’s Draft Waste Strategy 2030 document.

Background

The Western Australian Waste Strategy: Creating the Right Environment, published in 2012, has set the long-term strategic direction and identified priorities for waste management in Western Australia, and formed the basis of the State’s methodologies with respect to waste diversion, waste education and related projects and programmes since it was published in 2012.

The State Government published the Western Australian Waste Avoidance and Resource Recovery Strategy Consultation paper in October 2017; seeking stakeholder and community feedback on the proposals contained within. The consultation paper was seen as the first stage in the development of a new strategy for Western Australia, to replace the existing Waste Strategy. Council considered a report Item AS06-03/18 Western Australia Waste Avoidance and Resource Recovery Consultation Paper at its meeting on 27 March 2018 and resolved as following:

“That Council ENDORSES the City’s response to the Western Australia Waste Avoidance and Resource Recovery Consultation paper as contained in Attachments 2 and 3.”

On 10 October 2018, the Chairman of the Waste Authority released the Draft Waste Strategy 2030 document; refer Attachment 1, asking respondents to submit any requests for variation to the document, within 28 days, by Tuesday 6 November 2018.

Detail

The City has undertaken a review of the Draft Waste Strategy 2030. The new draft Strategy follows on from the previous consultation process, and includes a number of new models and concepts when compared to the current State Waste Strategy document; these are detailed as Key Strategy Elements, and are summarised in Attachment 2.

Below are the new Vision and Objectives of the revised Strategy:

·          Vision

o    Western Australia will become a sustainable, low-waste, circular economy in which human health and the environment is protected from the impacts of waste.

·          Objectives

o    Avoid – Western Australians generate less waste.

o    Recover – Western Australians recover more value and resources from waste.

o    Protect – Western Australians protect the environment by managing waste responsibly.

A number of targets have been set for each of the objectives above, which replace the diversion from landfill target as the current single monitoring variable for the state, as stated in the current State Waste Strategy document.

Other ‘Supporting Documents’ are proposed which align with or support the strategy, and which will be forthcoming once the strategy is finally adopted; these include the following:

·          Waste Strategy 2030 Action Plan

·          Waste Authority position and guidance statements

·          State Waste Infrastructure Plan

·          Annual Business Plan

·          Waste Data Strategy

The document discusses the guiding concepts, principles and approach that will be employed in future to drive improvement, and seeks to define clearly the roles and responsibilities of the all the stakeholders within WA and a number of focus materials, which will guide an emphasis on actions and measurement going forward.

WALGA’s State Waste Strategy Working Group has met to discuss the draft document, and has proposed a number of key messages for metropolitan local governments in response to the draft Strategy. These are listed, below:

·          Waste Avoidance and Resource Recovery Levy Certainty – Local Government needs certainty to facilitate investment in waste avoidance and resource recovery, therefore requests that the Government identify a 10 year trajectory for the Levy. To ensure the Levy is effective in reducing waste and increasing resource recovery the Levy has to be enforced and the funds generated spent on strategic waste management activities.

·          Whole of Government approach to Strategy implementation – The targets proposed in the Strategy will require additional investment from the local community to be implemented. Local Government can only raise these funds through rates. For example the Better Bins Program covers only about 25% of infrastructure costs associated with implementing a three bin system. The State Government therefore needs to understand that Local Government will need to raise additional funds through the rates process for the strategy objectives to be met, this is likely to require a greater than CPI increase in future.

·          Additional funding and Programs to support Food Organics and Garden Organic kerbside collection – Local Government supports taking better practice approaches to waste management. For the FOGO Program to be effectively implemented further work is needed. This includes demonstrating the business case for this to Local Government, streamlining the application process, increasing funding associated with the Better Bins Program and undertaking work on market development for the material collected through the FOGO system.

Consultation

The City’s Manager Waste Services is a member of the WALGA State Waste Strategy Working Group, which is scheduled to discuss the draft document during October 2018 and advise the WALGA Waste Management Advisory Committee on its content and implications for local government. Consultation will also be undertaken with the Mindarie Regional Council to understand its views on the draft Waste Strategy.

Comment

A review of the Strategy document has highlighted that the City’s previous consultation responses have, in the main, been considered within the strategies proposed, but that further response is required with respect to action planning and the allocation of funding to waste infrastructure projects; without a focussed and timely approach to the development of the ‘Supporting Documents’ discussed in the draft Strategy, it is unlikely that the newly set resource recovery targets nor the wished-for transition to a circular economy will eventuate.

The City’s opinion on the draft Strategy also aligns with that of WALGA, as noted through discussions within WALGA’s State Waste Strategy Advisory Group. The City understands that WALGA may propose that each individual local government include the key WALGA messages, as discussed above, in their formal response to the draft Strategy; the City agrees with this approach.

Due to the timescales of the consultation process and the timings of Council meetings, it has proved impossible for Council to send a formal response to the consultation process within the 28 day set timescale, therefore a preliminary response from the City has been sent to the Waste Authority, reflecting the above comments and the key messages highlighted by WALGA, refer Attachment 3. It is proposed that a further response is sent notifying the Waste Authority of Council’s formal response, following endorsement.

Statutory Compliance

The primary objective of the Waste Avoidance and Resource Recovery (WARR) Act 2007, is to contribute to sustainability, the protection of human health and the environment, and is also designed to help Western Australia to move towards a waste-free society.

Strategic Implications

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

 “3     Environment (Natural)

3.3    Reduce, Reuse, Recycle, Waste

3.3.1  Treat waste as a resource

Risk Management Considerations

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manage

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

Policy Implications

The City’s Waste Management Services Policy sets out the service levels expected by the community, in line with legislative requirements.

Financial Implications

At this stage there are no general financial implications of the consultation process.

In time, with the development of a finalised Strategy document, it is likely that positive environmental outcomes will be promoted/ imposed by the Stage Government in the future; these outcomes may require the incorporation of new waste management techniques by the City. The costs associated with any changes will be assessed and presented to Council upon when they become known.

Voting Requirements

Simple Majority

 

Recommendation

That Council ENDORSES the City’s response to the Western Australia Waste Avoidance and Resource Recovery Consultation paper as contained in Attachment 3.

 

Attachments:

1.

Draft Waste Strategy 2030 - modified v1

18/445395

 

2.

Draft Waste Strategy 2030 - Key Strategy Elements

18/459166

 

3.

Draft Waste Strategy Response 2030

18/469932

Minuted

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       120

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       164


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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       166

3.10  WALGA Bin Tagging Expression of Interest

File Ref:                                              1458 – 18/431779

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the City’s participation in Western Australian Local Government Association’s (WALGA) Bin Tagging Program.

Background

WALGA’s Bin Tagging Program focuses on reducing contamination and increasing resource recovery from the kerbside bin collection system. Bin tagging is a method of providing direct feedback to residents on the contents of their kerbside bins by placing a tag on each bin to indicate if the contents are appropriate.

WALGA has received funding from the Waste Authority to assist five Local Governments to implement the Bin Tagging Program. Subsequently, WALGA is seeking Expressions of Interest (EOI) from Local Governments to roll out the Bin Tagging Program in their area, refer Attachment 1. The program is scheduled to commence in February 2019.

In September 2018, the City submitted the EOI to participate in the program, subject to formal endorsement by Council and if chosen by WALGA. If successful the City proposes that a number of Recycling Bins from random households across all three wards will be chosen to participate.

Detail

Bin tagging has been successfully conducted by a number of Western Australia local government authorities, and has been informed by the success of similar programs conducted nationally. The benefits of the Bin Tagging Program include:

·          Assisting Local Government to meet the State Waste Strategy targets for diversion of municipal waste from landfill;

·          Long term cost saving for Local Government as waste disposal costs continue to increase and as recycling contractors consider the introduction of penalty rates for highly contaminated recycling;

·          Helps to ensure that the recyclable materials have a low contamination rate, thereby improving the quality of the recyclables collected, assisting with the selling of processed materials into international commodity markets; and

·          Increased levels of community engagement and increased awareness of waste management and Local Government services.

Bin auditors conduct a simple visual assessment of the contents of each Recycling bin at the kerbside (prior to collection). Based on this assessment, data about the composition of the bins is recorded. A tag is then placed on the bin, providing individualised feedback about the content of the bin.

Through state government funding received to deliver a bin tagging program, WALGA will provide assistance to five Local Governments, including:

·          Design and printing of bin tags, as agreed;

·          Funding to assist with staffing for audits; and

·          WALGA staff to train and facilitate the roll out.

The City has proposed that 1800 households (600 from each Ward) would be included in the Bin Tagging Program, including tagging of both the dark green lidded household waste bins and yellow lidded recycling bins; these properties would be randomly sampled. As per the participation requirements of the Program, staffing time of the City’s Project Officer Waste Services, Waste Education Officer and two Waste Operations Supervisors would be offered as an in-kind contribution.

All households chosen to participate would be informed prior to roll-out, ensuring that residents are aware of how and why the program is being run, and reinforcing how the City’s kerbside collection services are designed to be used.

Consultation

In 2015, WALGA undertook research into effective systems for behaviour change and identified the South Australian Bin Tagging Program. A pilot program was implemented in the City of Joondalup, the City of Kwinana and the Town of Cambridge. An additional program was rolled out in early 2016 in partnership with WALGA and the Towns of Bassendean and Mosman Park, the Cities of Cockburn and Joondalup and the Shire of Capel.

As part of the City of Melville’s recent 3-bin FOGO trial, a selection of households within the trial area were involved in a bin tagging process, which saw improvements in the use of the FOGO bin increasing by 16%, recycling by 9% and general waste by 20%. Around 0.5% of households included in the program required intervention; after which there were very few recurring instances of non-compliance.

Discussions between the City and councils that have participated in previous iterations of the program have all confirmed that once people understand the purpose of the program, an overwhelming majority of residents provide positive feedback. The outcome of the program has seen many local governments seeking to participate in the program on a regular basis.

Comment

Undertaking bin tagging provides the City with a measure of the types of contamination in household bins, which will inform discussion when considering future processing methodology and the creation of specific education messages. It also allows the City to obtain information about how full bins are when placed out for collection and to identify and rectify any issues with bin condition. This will assist in transitioning from the current state of waste management utilised by the City to the desired future state, as outlined in the Waste Services Service Delivery Review Transition Plan.

The program is primarily educational in nature and has proven successful in driving behaviour change. It provides residents with the most relevant feedback on how successfully they are separating their waste and educates them on how they can make changes to improve. With the changes to material accepted via household yellow lid recycling bins, direct feedback to residents to decrease contamination and increase recovered materials is likely to be highly desired. Previous programs have achieved results where up to 97% of households participating in the program are correctly source-separating their waste.

Residents in the community do not all exhibit the same attitudes or levels of recycling competence; the Bin Tagging Program has the ability to highlight where the community’s levels of recycling competence currently sit by monitoring the behaviours they exhibit. The Seven Stages of Recycling Competence model, below (taken from the City’s Waste Education Plan) highlights why different messages and communications methods are required to meet the needs of a diverse population. Some households may not consider waste as a priority, whilst others may seek validation for their efforts, or may be looking for ways to improve their waste reduction; the information gleaned from the Program has the ability to indicate where our community sits, and therefore can inform which education strategies should be used in the future.

Research has shown that providing residents with information alone does not necessarily change community behaviour and increase correct source separation. The community’s attitude and enthusiasm towards source separation is generally good, but limited knowledge about what goes in each bin can cause contamination of those bins. This is reflected in the results of the recent City of Wanneroo Waste Services Service Delivery Review Survey 2018, where 50% of respondents felt they were not receiving enough information related to waste from the City, and 62% indicated that they would be more motivated to adopt more environmentally friendly behaviours if they knew what to do.

Please see Attachment 2, which highlights how it is proposed that the Bin Tagging program would operate within the City, if endorsed.

Administration considers that the City’s participation in this Program will assist greatly in promoting waste education objectives and initiatives.

Statutory Compliance

The Waste Avoidance and Resource Recovery Act 2007 (WARR Act) confers on the Minister for the Environment the ability to require any local government to provide waste services to its community in line with the State Waste Strategy.

Participation in the bin tagging program will allow the City to collect data that will inform the best possible future waste management options for the City in line with the State Waste Strategy.

Strategic Implications

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

 “3     Environment (Natural)

3.3    Reduce, Reuse, Recycle, Waste

3.3.2  Foster a partnership with community and industry to reduce waste

Risk Management Considerations

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

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

Policy Implications

Through the City’s Waste Management Services Policy statement, the City of Wanneroo is committed to ensuring that its waste management services support the Strategic Plan to improve management, recycling and re-use of waste.

The proposal aligns with Strategies 1 and 5 of the Strategic Waste Management Plan and will assist in achieving Objective 2 of the Waste Education Plan.

Financial Implications

As per the participation requirements of the Program, staffing time of City’s Project Officer Waste Services, Waste Education Officer and two Waste Operations Supervisors would be offered as an in-kind contribution. No other additional funding provisions are required.

Voting Requirements

Simple Majority

 

Recommendation

That Council ENDORSES the City’s participation in the WALGA’s Bin Tagging Program.

 

 

Attachments:

1.

WALGA Bin Tagging EOI Template 2018

18/460576

 

2.

Overview of the Proposed Bin Tagging Process 2019

18/464617

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   170

 

WALGA

 

 

Expression of Interest

 

Changing Behaviour to Increase Recycling – Bin Tagging Program

 

Following on from the successful implementation of the Bin Tagging Program in a number of Local Government areas, WALGA has received funding from the Waste Authority to continue the roll out of this Program.

 

The benefits of the Bin Tagging Program include:

·    Assisting Local Government to meet the State Waste Strategy targets for diversion of municipal waste from landfill.

·    Long term cost saving for Local Government, as waste disposal costs increase and recycling contractors are considering introducing penalty rates for highly contaminated recycling.

·    Helps to ensure that the recyclable materials have a low contamination rate, improving the quality of recyclables collected and assisting with selling the material into international commodity markets.

·    Community engagement through increased awareness of waste management and Local Government services.

 

In implementing the Bin Tagging Program, WALGA is keen to ensure a consistent approach and materials are used wherever possible. This will allow comparison of data and ongoing improvements to the Program.

 

How to participate

 

Funding Assistance for Bin Tagging

WALGA will receive funding to assist five Local Governments (metropolitan or non-metropolitan) to roll out the bin tagging Program. Each Local Government will need to provide an in kind contribution through in-house staffing to assist with the bin tagging. The assistance for rolling out the Program will include:

·    Design and printing of bin tags

·    Funding to assist with staffing for audits

·    WALGA staff to train and facilitate the roll out.

 

To register your interest complete the Expression of Interest by COB Friday 19 October.

 

Submitting EoIs

Return your completed Expression of Interest to Rebecca Brown rbrown@walga.asn.au.
For more information contact Rebecca on 9213 2063.

 

 

 

 

 

 

 

 

 

 

Expression of Interest – Bin Tagging Program

 

 

 

Name: ­­­­­­__________________________________

 

 

Position: ________________________________

 

 

Local Government: __________________________

 

Contact details:

Ph:

Email:

 

Details of Bin Tagging

 

How many households would you like to cover through the Bin Tagging Program?

 

_____hh

 

What will be the Local Governments in kind (staffing) contribution to the implementation of the Program? (Approximate value of the contribution and number of people available to assist).

 

 

When would you like to commence the Bin Tagging Program? (WALGA anticipates implementation February – June 2019)

 

 

 

Do you have comments about your Local Governments participation in the Bin Tagging Program?

 

 

 

 

 

Please return EoI to Rebecca Brown rbrown@walga.asn.au

 

 

 

If your Local Government’s Expression of Interest is accepted, an MOU between WALGA and your Local Government must be signed which identifies the requirements for both organisation relating to the Programs delivery.

 

 

 

 

Bin Tagging

 

For the Program to succeed, there are a range of activities that both the Local Government and WALGA must commit to. The following commitments have been developed based on the experience in WA. 

 

If your Local Government’s Expression of Interest is accepted, an MOU between WALGA and your Local Government must be signed which commits both organisations to these conditions.

 

Local Government as a WALGA partner commits to:

WALGA as the coordinator of the program, commits to:

Hold a briefing session / provide information on the Program to:

-     Elected Members

-     Senior Management

-     Customer service staff

-     Media and public relations staff

 

To ensure there are no surprises for anyone employed at the Local Government, a range of different internal stakeholders need to be aware of the rationale and roll out of the Program. There is likely to be both community and media interest.

Work with partner Local Governments to engage Elected Members and other staff, where required.

 

WALGA will present to your Local Government outlining the research which supports the Bin Tagging Program and answer questions on how the Program will work.

Use the generic resources developed by WALGA (includes cobranding with RecycleRight).

Customise the Bin Tagging resources for the Local Government.

-     WALGA will provide the text of the Bin Tags for comment by the Local Government

-     Feedback will be incorporated and the text put into the ‘Tag’ format

-     Local Government will have the opportunity to provide comment on the Tags

Following this feedback the tags will be finalised and printed.

Work with WALGA to generate media interest in the Bin Tagging Program. This could include:

-     Drafting articles for community newspapers

-     Participating in a media launch etc.

The WALGA Marketing and Media team will work to generate media interest in the Bin Tagging Program.

Logistics of the audit

To ensure value for money and that audits are carried out in an efficient manner, the Local Government will need to:

a)  Provide in-house staffing to assist with the bin tagging

b)  Nominate audit sites – focusing on the areas which have higher contamination

c)  Ensure the recycling collector can delay collections on nominated collection dates

d)  Provide permission to WALGA to:

-     visually inspect bins

-     stick lids shut after two instances of non-compliance

Following bin lids being stuck shut, the Local Government must ensure the collector does not pick up that bin. 

Logistics of the audit

a)  Organise training for Council staff and auditors

b)  Provide all materials to allow the audits to occur

c)  Provide funding to assist with staffing for the audit/employ staff to undertake the audit

d)  Assist Local Government with data entry for audits

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   173

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       176

 

Community & Place

Cultural Development

3.11  Cultural Plan 2018/19 - 2021/22

File Ref:                                              18304 – 18/450815

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider the draft Cultural Plan 2018/19 – 2021/22.

Background

The City’s Corporate Business Plan previously included a priority to “develop a community cultural plan to coordinate learning communities, arts, culture and heritage programs.”

The attached plan has been developed through researching trends and strategic issues at a state, national and international level, examining demographic data, and through consultation with the community to identify community aspirations, issues and priorities.

Detail

In the context of the plan, ‘culture’ refers to the City’s engagement with the community through the provision of cultural assets and activities aligned to arts (visual and performing), museums, galleries, libraries, community history, heritage locations and public spaces.

The City’s inaugural Cultural Plan (Attachment 1) will provide a framework for arts and culture across the City, encouraging new opportunities, enhancing existing cultural assets and allocating resources to a broad range of cultural dimensions including art, heritage, identity, cultural diversity, creativity and learning. The plan sets out a strategic four year blueprint that will be achieved through the implementation of priorities, focused actions and by working with stakeholders and the community. Actions have been encompassed within the following overarching themes:

1.       A Learning Community – Collaborating with internal and external stakeholders to provide information, access to technology, opportunities to connect, stimulate new ideas and develop skills and knowledge which is responsive to local aspirations and priorities;

2.       A Creative Community – Collaborative work will enhance the diversity and sustainability of our local arts and cultural sector by identifying opportunities to visually enhance infrastructure and facilities in public spaces, engage our community in sensory experiences, build creative capacity and connect individuals with community groups and agencies;

3.       A Cultural Community – Raising awareness of and engagement with our cultural facilities, assets and services, identify and respond to diverse community interests and create a sense of place. Further opportunities exist to showcase our region through positioning the City of Wanneroo as a cultural tourism destination and this will be explored during the life of this plan;

4.       A Community that Values its Heritage – Aiming to expand our audience and participation reach, foster a sense of belonging and provide a variety of opportunities for our diverse community to access, learn from and value our local heritage. We will continue to advocate for preservation of, and make accessible, our built, natural and cultural heritage assets and facilitate activities that promote history, heritage and cultural appreciation and understanding; and

5.       Management of Cultural Assets – Working within our organisation, with our community and relevant stakeholders to raise awareness of the City’s cultural assets and increase access to our collections through digitization and a focus on increasing the general accessibility of these to people of all ages, abilities and cultural backgrounds in line with our Access and Inclusion and Reconciliation Action Plan aspirations.

The City actively supports cultural facilities, activities and events, and the plan provides further direction to actively collaborate and integrate with other community initiatives.

Consultation

The draft plan has been developed to align with the vision, strategies and outcomes identified in the Strategic Community Plan, informed by community feedback through a targeted engagement process. The community engagement process included an online community survey (via Your Say), Ideas Boards located in the Wanneroo Regional Museum and Gallery, an Industry Peer survey, interviews with local teachers, and focus groups with key stakeholders including local arts practitioners and community organisations.  Feedback obtained through the engagement process has been incorporated into the draft Cultural Plan.

The draft plan has been presented to, and is supported by the Multicultural Advisory Group, Arts Advisory Committee, Heritage Services Advisory Group and the Festival and Cultural Events Committee.

Comment

The Western Australian Local Government Association outlines how Local Governments support arts and culture in their communities, through the provision of infrastructure (galleries, libraries, art and museums), events, festivals, public installations and preservation of local history and stories.

Research undertaken indicates that 79% of Local Governments are active in supporting arts and cultural activities including: library programs, arts and cultural facilities, classes, programs and events, public art and support for arts and cultural groups.

Feedback received during the recent community engagement process indicated a high level of community satisfaction with the City’s cultural events, services and activities.

The proposed Cultural Plan focuses on two key aspects:

1.         The artistic and cultural services the City will deliver with, and on behalf of our community; and

2.         How the City will collaborate, support and partner with community based arts and cultural organisations, schools and other stakeholders to provide a range of artistic and cultural experiences for our community.

The City continues to make a significant investment into heritage, arts, cultural activity, collections and infrastructure and this plan provides a framework to realise the benefits of this investment in meeting the community’s aspirations.

Statutory Compliance

Not applicable

 

Strategic Implications

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

 “1     Society

1.4    Connected Communities

1.4.3  Build strong communities through the strength of cultural and heritage diversity

“2      Economy

2.4    Places of Destination

2.4.1  Actively build on cultural heritage and distinctive identity to promote Wanneroo as a place to visit”.

Risk Management Considerations

Risk Title

Risk Rating

CO-020 Productive Communities

Moderate

Accountability

Action Planning Option

Director Community & Place

Manage

The above risk has been identified and considered within the City’s Corporate Risk Register. It has been addressed through a community consultation process that has informed the plan to ensure a continued provision of cultural experiences for our community through delivery, facilitation and collaboration.

Policy Implications

Nil

Financial Implications

Expenditure associated with the implementation of the Year 1 actions in the Cultural Plan can be accommodated within the City’s 2018/19 operational budget.

Expenditure associated with Years 2 to 4 of the Cultural Plan will be encompassed within future budget deliberations, further supported by seeking external funding opportunities.

Voting Requirements

Simple Majority

 

Recommendation

That Council ENDORSES the Cultural Plan 2018/19 – 2021/22 as per Attachment 1.

Attachments:

1.

Cultural Plan

18/461836

Minuted

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   179

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       192

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       208

3.12  Community History Centre Collection Policy Review

File Ref:                                              2222 – 18/450839

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the repeal of the Community History Centre Collection Policy as a result of incorporating and consolidating required information into an amended Museum Collection Policy.

Background

The Community History Centre Collection Policy was scheduled for review in July 2018. Following assessment of the policy it is proposed to repeal the Community History Centre Collection Policy, and incorporate and consolidate the required information into the Museum Collection Policy.

Detail

Currently there are two Council policies relating to collections, in the form of the Community History Centre Collection Policy and the Museum Collection Policy. The Community History Centre and Museum are similarly responsible for a number of collections. Consistencies in legislation, national and international standards and industry best practice are evident across the two areas. Synergies between the respective Policies have been identified, and it is proposed that the two documents be consolidated into one Council Policy.

To ensure alignment with the strategic direction of the City, a holistic document with a number of changes has been proposed for the updated Museum Collection Policy (Attachment 1). A comprehensive summary of changes is attached to this report (Attachment 2).

Consultation

The proposed Policy was considered at the Heritage Services Advisory Group meeting on 18 September 2018 with unanimous support received for it to be considered by Council. 

Comment

The City is invested in the heritage and history of Wanneroo, evidenced in the City’s vision Inspired by our past, working to create a vibrant, progressive City, providing opportunity and investment to enable our growing communities to prosper. Through well-constructed policy, the City demonstrates its commitment to the conservation and preservation of Wanneroo’s heritage.

Statutory Compliance

Nil

Strategic Implications

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

 “1     Society

1.4    Connected Communities

1.4.3  Build strong communities through the strength of cultural and heritage diversity

Risk Management Considerations

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

Policy Implications

Repeal of the Community History Centre Collection Policy is proposed as a result of amalgamation into an amended Museum Collection Policy.

Financial Implications

Any costs associated with reviewing the procedures related to the amended Museum Collection Policy can be met from the existing operational budget.

Voting Requirements

Simple majority

 

Recommendation

That Council:-

1.       APPROVES the repeal of the Community History Centre Collection Policy; and

2.       ENDORSES the amended Museum Collection Policy as per Attachment 1.

Attachments:

1.

Proposed Museum Collection Policy - August 2018

18/342453

Minuted

2.

Summary of Changes - Museum Collection Policy - August 2018

18/342206

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       210

·                                                                                                                                        

Museum Collection Policy

 

 

Policy Owner:                   Cultural Development

Contact Person:                Coordinator Cultural Services

Distribution:                      Stake Holders Stakeholders

Date of Approval:             30 May 2017 CP06-05/17

 

 

1.   Objectives

 

The purpose of this policy is to provide the City of Wanneroo (The City) with a clear and consistent framework for the acquisition, management, maintenance and development of the Wanneroo Museum and Community History Centre collections (The Collections)

 

2.   Policy Statement

 

The Collections provide insight into the heritage, culture, people and places of the City of Wanneroo and are significant resources for developing a sense of place and identity for past, present and future members of the City of Wanneroo community. They tell the unique stories of Wanneroo and provide opportunities for local residents and visitors alike to reminisce, share, learn and engage with the history, culture and heritage of the area.

 

The City of Wanneroo Regional Museum seeks to collect, document, conserve and interpret objects and stories relating to the social history, culture and heritage of the municipality, and adjacent coastline of Wanneroo. The policy covers objects all collections housed at the Wanneroo Regional Museum, Cockman House, Buckingham House, and the Old Wanneroo Schoolhouse and the Community History Centre.

 

The Museum Collections represents material evidence of the physical and cultural change that has taken place within the historic Wanneroo area and as such is crucial to the district’s  identity and the City of Wanneroo community’s connection to its past. Development of the Collections may involve the inclusion of contemporary material as well as historic.

 

Interpretation of the collection is particularly important for new and younger members of the City of Wanneroo who will need access to the Collection and the stories it tells to discover the heritage of their community.   [SD1] 

 

The City of Wanneroo recognises the importance of storing, conserving and protecting Collections under the auspices of the Wanneroo Regional Museum, to ensure preservation for future generations, and endeavours to do so within a framework of collecting industry standards including National Standards for Australian Museums and Galleries and Archival Association of Australia.

 

The purpose of The Collections is to provide a resource that can be used to:-

 

·        Enrich the knowledge and understanding of the historical Wanneroo region.

·        Interpret the history and development of the district.

·        Help create foster a sense of identity and connectedness to  the past, present and future of the City of Wanneroo community.

·        Conserve heritage for the benefit of the community and future generations.

·        Provide an important source of educational and research materials for the community.

3.   Scope

 

The policy relates to the Strategic Community Plan, specifically the following areas:

 

Society

1.3 Distinctive Places

1.3.1 Create distinctive places based on identity of areas

 

1.4 Connected Communities

1.4.3 Build strong communities through the strength of cultural and heritage diversity

 

Economy

2.4 Places of Destination

2.4.1 Actively build on cultural heritage and distinctive identity to promote Wanneroo as a place to visit

 

Civic Leadership

4.1 Working with Others

4.1.2 Engage, include and involve community

 

 

The policy specifically relates applies to staff and volunteers in the Cultural Development unit as part of their employment. It should be applied in every circumstance that deals with acquisitions, maintenance,  the management, and development of the museum Collections.

 

The policy also applies broadly to all staff and community within the City of Wanneroo as well as the community that was encompassed by the pre-1998 boundaries of the City of Wanneroo. 

4. Policy Details

 

The Museum Collections  is are comprised of two three sub-collections (housed across the four museum venues): the Primary Collection and the Secondary Collection, and the Community History Collection.

The Primary Collection contains objects that are considered to be of the highest significance in accordance with museum standards museum terms and is used for preservation, interpretive display, research, and for outgoing loans to approved institutions.

 

The Secondary Collection contains objects of low significance. These objects that can be used   as educational resources, for interpretation, promotional displays, research, used to aid the preservation of the Primary Collection, and can be loaned to educational organisations.

 

The Community History Collection contains paper-based and digital items including but not limited to documents, books, images, electronic resources, oral histories and associated ephemeral items. Items in this collection are of high significance to the history of Wanneroo, and are used to support exhibition content and provide a reference source for internal and external research and queries.

 

Periodic review of the Collections to assess the integrity of individual heritage items may necessitate transfer between the Primary and Secondary collections.


 

 4.1   Assessment of cultural significance

 

Significance defines the meanings and values of an object or collection through research and analysis, and by assessment against a standard set of criteria. The assessment criteria are a broad framework of cultural and natural values relevant to the whole spectrum of collections in Australia.

 

Four primary criteria apply when assessing significance:

·    Historic

·    Artistic or aesthetic

·    Scientific or research potential

·    Social or spiritual

 

Four comparative criteria evaluate the degree of significance. These are modifiers of the main criteria:

·    Provenance

·    Rarity or representativeness

·    Condition or completeness

·    Interpretive capacity

 

ssessment of significance is the process of researching and understanding the meanings and values of items and collections. Objects will be assessed to determine their cultural significance before being accepted into the collections.

 

four primary criteria and four comparative criteria are used to assess significance. The primary criteria are historic, aesthetic, scientific or research potential and social or spiritual. The comparative criteria evaluate the degree of significance and these are provenance, representativeness or rarity, condition or intactness and interpretative potential.

 

The assessment of significance can also be used to help decide whether an object should be deaccessioned from the collection.

 

Provenance’ is defined as the full history and ownership of an item from the time of its discovery or creation to the present day, from which authenticity and ownership is determined. (ICOM Code of Ethics for Museums, 2004.)[SD2] 

 

A major factor contributing to Significance is regional relevance.

 

Regional relevance: the object should:

 

·        Have been made or used in the Wanneroo area or be comparable to a heritage object used in the district; or

·        Have a proven association with a known individual, some event or a period in the history of, or technology developed or employed in the district.

.

Items for the Museum Collections are selected for their potential to help tell the story of the history of the Wanneroo area, particularly through the themes developed in the Wanneroo Regional Museum exhibition space.

 4.2   Acquisitions

 

The Museums can acquire heritage objects through either Acquisition Purchase or Donation. Acquisitions include collection of historic and contemporary objects.

 

 4.2.1   Acquisition Purchases:

 

Purchases are based on the Acquisition Criteria[SD3]  detailed in the Acquisition Management procedure and are undertaken by the Curator within budget constraints, approved by the Coordinator Cultural Services.

 

 4.2.2   Donations

 

Due to the limitations in storage space and ongoing costs such as conservation, Objects proposed for donation must first be assessed against the Cultural Significance criteria and Acquisitions Management Procedure prior to being accepted. Objects should not be accepted simply because they are gifts – they must be assessed against the Acquisition Criteria and evaluated by the Curatorial Accessioning Team approved by the Curator in before acceptance into the collection.

 

Items donated and accepted into the Collections require transfer of legal ownership and are supported by full documentation. 

 

Items for the Museum Collections are selected for their capacity to help tell the story of the history of the Wanneroo area, particularly through the themes developed in the Wanneroo Regional Museum exhibition space.[SD4] 

 

Therefore, all heritage objects will be assessed against the following acquisition criteria before acceptance into Museum Collections:

 

Maintenance and conservation: the heritage object should have manageable maintenance and conservation requirements.

 

Storage: there should be availability of appropriate storage for the object. Large items may not be collected if space is not available to accommodate them in perpetuity. In such instances, where the items are of historical or technological significance, photographic records may be taken for archival purposes.

 

Constraints: The heritage object should also be taken into the collection unencumbered by restraints or conditions by donors; and

 

Consideration of other institutions: acquisition of the object should take into consideration the acquisition priorities of other institutions and keeping places. [SD5] 

 

 4.3 Acceptance of Objects into the Collections

 

Acceptance of objects into the Collections is dependent on availability of storage capacity, resources, and conservation and maintenance requirements and is considerate of the acquisition proirities of other institutions and keeping places.


 

 4.3.1 Acceptance of Objects into the Primary Collection

 

Objects can be accepted into the Primary Collection if they meet fulfil the acquisition criteria detailed in the Acquisition Management procedure, and as determined by the Museum Curator Curatorial Accessioning Team. 4.3.2 Acceptance of Objects into the Secondary Collection

 

To accept for collection those items Objects accepted into the Secondary Collection must which satisfy at least one of the following conditions:

·        Objects that are representative of known social and domestic life in the area.

·        Objects that are representative of historic schooling practice and experiences.

·        Objects that are representative of the cultural history of the wider Wanneroo region but have little or no known provenance to the history of Wanneroo.

·        Objects that are duplicates of highly significant objects in the primary collection.

 

These objects must also first fulfil the other non-Significance related acquisition criteria – storage, conservation, and donor constraintsspecial conditions requested by donors.

 

The Heritage Services Advisory Group is to be briefed and updated by the Coordinator of Cultural Services on the management and future development of the collection.

 

  4.4    Ethics

The City of Wanneroo will only acquire objects for the Collections in accordance with State and Federal law and international agreements between Australia and other countries. (e.g.

·    UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, 1970 and the

·    Convention on International Trade in Endangered Species, 1975.

·    International Council of Museums (ICOM) Code of Ethics for Museums, 2004.

 

The City of Wanneroo is committed to the acquisition of will only acquire objects with established having a legal and ethical provenance.

·        The collection of objects will be conducted in accordance with International, National Standards and industry best practice. always be conducted in accordance with the standards of the Code of Ethics of Museums Australia Inc. and National Standards for Australian Museums and Galleries.

·        Identification and authentication will be given only for professional, scientific or educational purposes under the legal and ethical guidelines laid down by the Code of Ethics of Museums Australia Inc.[SD6] 

 

 4.5   Deaccessions

 

From time to time Periodically, the Museum may be required to deaccession works objects from the Museum Collections (from either the primary or secondary collections), largely as a result of early collection practice. Deaccessioning is the formal process of removal of an object from the collection register, catalogue or database, followed by the action of disposal.

 

Deaccessioning of heritage objects is not lightly undertaken and is carefully considered before actioning. Deaccession of objects from the Collections is dependent on availability of storage capacity, resources, and conservation and maintenance requirements and is considerate of the acquisition priorities of other institutions and keeping places

 

Possible reasons for deaccessioning objects include but are not limited to:-

 

·        the heritage object being damaged beyond repair or conservation or requiring conservation disproportionate to its significance;

·        repatriation of cultural material to an Indigenous Aboriginal group or community, consistent with the Repatriation Management procedure with proof of a valid claim;

·        the object is deemed to represent an occupational safety and health risk,

·        the object no longer relating to the acquisition criteria;

·        the object has insufficient information to establish cultural significance;

·        appropriate storage space no longer being available; and

·        theft or loss.

 

Deaccession principles

 

Should objects require deaccessioning, The following principles will be applied to followed Collection items identified for deaccession :

 

1.       Proposals for deaccessioning must be fully documented including an individual object assessment;

 

2.       Verification of legal title must be made. The records are to be checked to ascertain if any restrictions exist from the original gift/bequest or purchase;

 

3.       The Heritage Services Advisory Group will be notified about objects identified for deaccessioning.

 

4.       Deaccessioning of gifts or bequests donated objects  may be discussed with the original donor or the donor’s descendants with a view to returning the object or negotiating a mutually agreeable alternative. [SD7] 

 

Where possible, All reasonable attempts will be made to contact original donors will always be notified to advise that their object has been identified for deaccessioning.

 

Objects in the collection pre-dating 1998 are under the joint ownership of the Cities of Wanneroo and Joondalup. In the event of deaccessioning objects within that date range both cities must be consulted and in agreement with the outcome.[SD8] 

 

 4.6   Disposal

 

Disposal is the physical removal of the an object from the organisation Collections and follows the deaccession process. by The process is decided upon by the Curator and approved by the Coordinator Cultural Services.

 

Disposal must be executed through one of the following mechanisms:-

 

·        In accordance with the City’s procedures for asset disposal

·        Managed according to the City’s Disposal of Property Other Than Land and Buildings Management Procedure

·        Offer object back to original donor

·        reputable dealer or public auction;

·        donation to, or exchange with another public collection or organisation;

·        Repatriation to an Indigenous Aboriginal group, family or community in accordance with the Repatriation Management procedure; and / or

·        or in accordance with the City’s procedures for asset disposal.

·        If the object represents a significant Occupational Safety and Health risk, the  City will provide appropriate waste disposal services.

 

In accordance with the City’s Code of Conduct, City of Wanneroo staff, volunteers or elected members may not purchase, or otherwise obtain, deaccessioned heritage objects. An exception would be if the staff member, volunteer or elected member originally donated the object.[SD9] 

 

Full records documentation of the heritage object’s history in the Collections  and disposal must needs to be retained. in the Museum’s digitalcataloguing system. , MOSAIC.

 5. Definitions

For the purposes of this policy, the Any definitions listed in the following table definitions apply:  to this document only.

Collections:  Refers to the significant objects, photographs, artworks, documents and books that represent the history and people of the City of Wanneroo.

Conservation: The processes of looking after an object or objects so as to retain its cultural significance or value.

Curatorial Assessment Team: consists of the Curator, two Curatorial Assistants and the Community History Librarian

 

Deaccessioning:  The formal process of removing  of an object from the collection register, catalogue or database.

Documentation: The act of cataloguing and accessioning objects into the museum database and collection records. The process of recordkeeping for each object in the Collections, including registration, cataloguing and research notes. Documentation encompasses the recording of the full history of the object while it exists within the Collections.

Historic Wanneroo: the greater area of the Shire of Wanneroo prior to the excision of the City of Joondalup in 1998.

 

Object: Refers to artefacts, books, images, ephemera, documents, audio, artworks and other similar items in all formats.

Primary collection:  Objects that have high aesthetic, historic, scientific, social or spiritual value to the Wanneroo community. They may also have a high representative or rarity value.

Provenance: The full history and ownership of an item from the time of its discovery or creation to the present day, from which authenticity and ownership is determined.

Secondary collection: Objects within the  collections that are of a lower aesthetic, historic, scientific, social or spiritual value or are duplicates of objects within the primary collection. These may be used for educational, display purposes.

Significance: Refers to the values and meanings that items and collections have for people and communities (Significance 2.0: A guide to assessing the significance of collections).

 6. Related Documents and/or Forms

 

Museum Collection Management Procedure (TRIM 16/182421)

Draft Cultural Plan

Community History Management Procedure (HP: 14/37067[V2])

Disposal of Property Other Than Land and Buildings Management Procedure (HP: 17/139349)

Acquisition Management Procedure (in development)

Repatriation Management Procedure (in development)

Pre Donation Form (HP: 10/300)

Donation Form (HP: 10/298)

Loan Form (HP: 15/40203)

The most current versions of the following industry guides will be used as supporting documents for the implementation of this policy.

 

National Standards for Australia Museums and Galleries

Code of Ethics Museums Australia

Significance 2.0

International Code on Monuments and Sites (ICOMOS) Code of Ethics

International Council of Museums (ICOM) Code of Ethics for Museums

Burra Charter

Heritage of Western Australia Act 1990

Aboriginal Heritage Act 1972

Firearms Act 1973

 

 

National Standards for Australian Museums and Galleries

 

The National Standards Taskforce has developed the National Standards for Australian Museums and Galleries in consultation with the museum and gallery sector and with reference to current industry practices, existing resources, and museum development and accreditation programs. They are designed to be an accessible tool for museums and galleries nationwide. The City of Wanneroo plans to use the National Standards to achieve industry and professional standards of conservation, display and museum management.

 

Code of Ethics of Museums Australia Inc

 

The 'Museums Australia Code of Ethics' (adopted 1984, revised 1994 & 1999) provides a general guide to assist members of Museums Australia Inc. in making decisions about the ethical issues with which they may be confronted in their professional activities.

 

Significance 2.0: a guide to assessing the significance of collections provides criteria used as a national standard for the assessment of cultural and scientific collections.[SD10] 

 

 7.      Responsibility for Implementation

 

Cultural Development is the unit responsible for implementation of this policy.


 

Versions

Next Review

Record Number

4 May 2010 – CS07-05/10

March 2012

TRIM:  10/1348

21 August 2012 – CS05-08/12

August 2014

TRIM: 12/78892

30 May  2017 – CP06-05/17

May  2019

TRIM:  16/115936

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   219

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       223

 

Community Facilities

3.13  Warradale Park - Skate and BMX Facility Concept Plan and Engagement Outcomes

File Ref:                                              34057 – 18/421059

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       6  

Previous Items:                                   CP02-04/17 - PT01-02/17 Update - Upgrade of the existing BMX Track at Warradale Park, Landsdale - Ordinary Council - 04 Apr 2017 7.00pm

                                                            MN02-02/17 - Investigation into the Future Needs of Warradale Park BMX Track - Ordinary Council - 07 Feb 2017 7.00pm      

Issue

To consider the proposed concept plan for the development of a new skate and BMX facility at Warradale Park in Landsdale.

Background

Warradale Park is located at 31 Warradale Terrace, Landsdale (Attachment 1). The site has two lots; Lot Number 12938 located on Reserve No 45966 and Lot 13968 on Reserve No 45966. Warradale Park has an overall land area of approximately 11 hectares classifying it as a District Park. The Park is Crown Land vested to the City of Wanneroo for the purpose of public recreation.

The Park is bounded by residential properties to the north, east and west. To the south is the Landsdale Primary School. The northern section of the reserve is a man-made lake with the playing field located in the southern section of the reserve.

The Park includes the following amenities:

·          BMX Track (constructed 1999)

·          Path network and Barbeque (constructed 1999)

·          Warradale Community Centre (constructed 2001)

·          Warradale Clubrooms Building (constructed 2009)

·          Senior Sized Sports Oval (extensions undertaken in 2016)

·          Nature Playground (constructed 2016)

·          Cricket Nets (relocated in 2016)

·          Car Parking (increased in size 2016)

The current BMX track facility at Warradale Park is approximately 1,500m2 in size (30m x 50m), is more than 17 years old, and has deteriorated in condition over the years.

On 4 April 2017, Council considered Report CP02-04/17: PT01-02/17 Update – Upgrade of the existing BMX Track at Warradale Park, Landsdale, which included a petition from the Landsdale Residents Association requesting that the City consider upgrading the BMX track at Warradale Park or replace it with a new wheeled sports facility.

This report included a consultation strategy to address the intent of the petition and determine the local community’s preferences for the site, through both online and in person processes. By way of summary, the strategy included the following stages:


Stage

Task Description

1

·    Desktop analysis to determine the needs and requirements.

2

·    Conduct small, informal on-site meetings at existing City of Wanneroo BMX tracks and skate parks, supported by targeted on-line consultation.

3

·    Collation and analysis of the consultation outcomes to inform facility requirements. To be used as a basis for the development of preliminary concepts and cost estimates.

·    Report to Council regarding the consultation outcomes, preliminary concepts and cost estimates and seek approval to undertake the stage 4 broader community consultation.

4

·    Broader consultation to be conducted with residents to inform and seek feedback on the proposed concept for the site. 

·    To be undertaken in accordance with the City’s Engagement Policy.

Stages one and two of the consultation strategy, which included a needs assessment and stakeholder survey, were completed during the 2017/18 financial year. The outcomes of this process determined that the community’s preference is for the City to replace the BMX track at Warradale Park with a new facility which could accommodate both skate and BMX uses.

Administration has now completed stage three of the consultation strategy, which is the subject of this report.

Detail

Concept Development

Administration has prepared a conceptual design (Attachment 2) for the proposed new skate and BMX facility at Warradale Park. The design explores opportunities and possibilities for the holistic integration of an active youth recreation precinct with landscape amenity, increased youth activation, supporting infrastructure, circulation and access.

The design consists of three main riding zones to maximise capacity within the facility, including a “Flow Zone”, Mini Ramp and Street Run. A “hang out” space has been incorporated on a raised platform to allow views from the street and across the wider park. A defined pedestrian walkway encourages pedestrian access and links the facility with the existing path network. The pedestrian area is continued in segments around the facility creating defined seating and viewing areas. This will encourage the wider community to access the space and create a more family friendly environment.

The overall shape of the skate park is intended to resemble the body of a snake, which pays respect to the identity of Warradale Park and the nearby “Snake Lake”. The design aims to integrate the new skate park with the wider parkland environment through the provision of grass sections to soften views and avoid creating a harsh concrete expanse within the park.

The main “Flow” zone sits centrally catering for a range of skill levels to flow around continuously, learn the basics, and progress up to more advanced tricks. The Street path runs along the pedestrian walkway and includes a number of staple street obstacles that contrast the riding styles of the other zones. The mini ramp section can be used in isolation, which assists with providing increased capacity during busy usage times.

The concept plan includes a number of skate obstacles and features which are multi-functional and can be used in a variety of ways (Attachment 3), creating a unique rider experience when compared to other wheeled sports facilities within the City of Wanneroo and surrounds. The design also includes some pieces of supporting infrastructure to create an accessible, family-friendly facility. A summary of these various obstacles and features is outlined in (Attachment 3).

The design also proposes to retain the existing basketball court and tennis hit up wall, which are located to the south of the site and will complement the proposed facilities of the skate park.

Cost Estimate

A breakdown of estimated capital costs based on the draft concept plan is provided in the table below.

Component

Cost

Preliminaries

$53,000

Concrete Skate Park

$412,000

Fabricated Skate Steel

$12,900

Furniture (drink fountain, bin, and tool station)

$24,300

Landscaping

$28,000

Shade Shelter

$25,100

Sign

$4,300

COW Project Management

$26,000

Contingency

$30,000

Total

$615,600

Project Schedule

The proposed timeframes for the balance of the project is as follows.

Key Tasks / Milestones

Anticipated Start

Anticipated Finish

Community consultation – survey on concept design

December 2018

February 2019

Report to Council – consultation outcomes

February  2019

March 2019

Grant Application

February 2019

March 2019

Detailed Design

February 2019

May 2019

Construction Tender Preparation and Implementation 

June 2019

November 2019

Construction and Practical Completion

December 2019

June 2020

Defects Liability Period

June 2020

June 2021

Consultation

Stages 1 and 2 of the endorsed consultation strategy consisted of a desktop needs assessment, followed by a series of small, informal on-site meetings with relevant stakeholders at nearby wheeled sports facilities, supported by an online survey.

A summary of the key survey results is provided below:

·          24% of respondents were aged 8-11 years;

·          24% were aged 12-15 years;

·          32% were aged 25+ years (including parents);

·          50% preferred BMX riding;

·          38% preferred riding scooters; and

·          8% preferred skateboarding.

The survey also revealed that the community’s preference was for the City to construct a new skate park facility at the site (55%) as opposed to an upgrade of the BMX track (45%).

To support the concept design development process, Administration organised two focus group workshop sessions with previous survey participants and students from the Landsdale Primary School during August and September 2018. The purpose of these focus group workshop sessions was to help establish a design vision for the new facility, and obtain feedback on a draft design before presenting it to Council.

The first “pre-design” workshop was held in Landsdale on 13 August 2018, and hosted by the City’s appointed consultant, CONVIC Pty Ltd. Following a brief introduction about the project, the consultant coordinated a number of ideas and information gathering activities to help create a design vision for the skate park facility. These included picture voting, a questionnaire and a group design workshop to develop an understanding of demographics, skill levels, facility types / usage, and preferences for the facility. The workshop saw a total of 31 participants attend, and the outcomes were summarised to inform a community driven design brief for the Warradale Park Skate Park facility. A detailed consultation report resulting from this process is included in (Attachment 4).

Participants from Workshop One were then invited to attend a second “draft design” video conference workshop on 25 September 2018, to review the draft concept design and provide feedback on potential changes or modifications for the City’s consideration before reporting to Council for approval. This workshop saw a total of seven participants attend. The Final Concept Design Report (Attachment 5) was prepared subsequent to the video conference workshop.  A summary of the feedback received from the workshop is provided below:

·          Comments were made regarding the location of the bin, preferring that it be shifted within the design;

·          Local users favoured the idea of the tool station so they could fix up their board, bike or scooter while at the facility;

·          Request to better integrate the existing basketball court and tennis hit-up wall into the design, through either the re-alignment of the proposed path or by creating a hard stand connection which could be used for line games;

·          Suggestion to re-align the footpath to better reflect the “snake” theme;

·          Happy with the open-flow layout and street section;

·          Make the top of the spine wider in at least one section so it is more street style;

·          Remove the mogul from proposed location as it will impede skate lines;

·          Include a skate-able stair set; and

·          Feature paint line on tops of quarter pipes, hips, mini ramp and banks to delineate a safety zone.

Comment

In considering the comments from the second workshop (noted above), the following advice is provided:

Comment

Response

Comments were made regarding the location of the bin, preferring that it be shifted within the design.

Incorporated into final Concept design

Local users favoured the idea of the tool station so they could fix up their board, bike or scooter while at the facility.

Incorporated into final Concept design

Request to better integrate the existing basketball court and tennis hit-up wall into the design, through either the re-alignment of the proposed path or by creating a hard stand connection which could be used for line games.

Connection made to path network to integrate existing basketball facility

Suggestion to re-align the footpath to better reflect the “snake” theme.

Incorporated into final Concept design to assist with universal access.

Happy with the open-flow layout and street section.

Comment noted, no changes required.

Make the top of the spine wider in at least one section so it is more street style.

Incorporated into final Concept design

Remove the mogul from proposed location as it will impede skate lines.

Item removed as per consultation request

Include a skate-able stair set.

Deleted in lieu of universal access path, sufficient skate features available throughout overall design.

Feature paint line on tops of quarter pipes, hips, mini ramp and banks to delineate a safety zone.

Incorporated into final Concept design

Statutory Compliance

The current BMX track and proposed development site for the new facility is in close proximity to two known Aboriginal Heritage sites at Warradale Park, Landsdale. The two sites are Registered Aboriginal Site #16804 (Gnangara Site 6) and lodged site #22350 (Snake Swamp 2).

Administration sought advice from the Department of Planning, Lands and Heritage in May 2018 on whether the proposed works would likely impact on Aboriginal heritage and therefore require Section 18 consent. A response letter was provided to the City on 25 May 2018 (Attachment 6), confirming that the proposed works did not constitute an impact and would therefore not require approval under the Aboriginal Heritage Act 1972.

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

Risk Title

Risk Rating

ST-S23 Stakeholder relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

Risk Title

Risk Rating

CO-O20 Productive Communities

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

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

Policy Implications

Nil

Financial Implications

A budget of $50,000 is listed within the 2018/19 Capital Works Budget for design, with a further $600,000 of municipal funds proposed for construction in 2019/20 within the City’s Long Term Financial Plan. The current cost estimate for construction of the new skate park facility is $615,600 and therefore within budget.

Component

Cost

Budget

 

Preliminaries

$53,000

2018/19 Design

$50,000

Concrete Skate Park

$412,000

2019/20 - Construction

$600,000

Fabricated Skate Steel

$12,900

Total

$650,000

Furniture

$24,300

Expenditure To Date - Design

$32,385

Landscaping

$28,000

 

 

Shade Shelter

$25,100

 

 

Sign

$4,300

 

 

COW Project Management

$26,000

 

 

Contingency

$30,000

 

 

Total

$615,600

Budget Balance

$617,615

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       ENDORSES the Warradale Park, Landsdale – New Skate Park Facility Concept Plan shown in Attachment 2 of this report, for the purpose of broader community consultation;

2.       NOTES that based on the current proposed schedule, consultation with the broader community will take place from December 2018 through to February 2019, with the outcomes to be reported to Council by March 2019; and

3.       RECOGNISES and THANKS the focus group workshop participants for their involvement in the concept design development process.

 

Attachments:

1.

Warradale Park, Landsdale - BMX Track Location

17/79736

 

2.

Warradale Skate Park - Concept

18/448736

Minuted

3.

Warradale Skate Park - Elements

18/448765

 

4.

Warradale Park Skate Park - "Pre-Design" Workshop Consultation Report

18/340615

 

5.

Warradale Skate Park Final Concept Report

18/448774

 

6.

Response Letter from DPLH

18/284687

 

 

 

 

 

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       229

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       244

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   261

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3.14  Belhaven Sports Amenities Building - Concept Design and Consultation Outcomes

File Ref:                                              24676 – 18/426219

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       4  

Previous Items:                                   CP02-03/18 - Outcomes of the 2017 Community Sporting and Recreation Facilities (CSRFF) Round - Ordinary Council - 27 Mar 2018 7.00pm      

Issue

To consider the proposed concept design and community consultation outcomes for the Belhaven Sports Amenities Building in Quinns Rocks.

Background

Belhaven Reserve (the Reserve) is an existing active reserve located at 2 Belhaven Terrace, Quinns Rocks (Attachment 1). The Reserve is a shared use oval with the Department of Education and used by the Quinns Rocks Junior Cricket Club and Quinns Rock Little Athletics Club. The current total weekly usage for the Reserve is 46 hours per week and 57 hours per week for the summer and winter seasons respectively.

A GIS investigation of the Reserve indicates the following:

Item

Current Status

Park Size / Hierarchy

3.26 ha / Neighbourhood Active Reserve

Reserve No.

47792

Lot No.

774

Property Type

Public recreation

Ownership

Crown Land - City of Wanneroo managed

Aboriginal Sites

None listed on GIS

Bush Forever

None listed on GIS

Other active reserves within the vicinity include:

Park

Location

Facilities

Kingsbridge Park

55 Kingsbridge Boulevard

1.5km North East

Single multi-purpose active reserve, community centre, sports amenities building, tennis courts x 2, car park and skate facility.

Dalvik Park

20 Dalvik Avenue

1.9km East

Recreation park (passive park elements with informal active reserve). Concept plan in development for future Sports Amenities Building.

Addison Reserve

18 Addison Gardens

2.4km South East

Sports Amenities Building, junior sized active reserve and car parking.

Gumblossom Reserve

17 Tapping Way

2.1km South

Existing Sports Amenities Building on a district level active reserve.

The City’s Active Reserve Master Plan, endorsed by Council at its meeting on 11 October 2016 (CP03-06/16), identified a number of upgrades for the Reserve. These are listed within the Long Term Financial Plan as per the following: 

Year

Work Asset Item

Total Cost

Funding Source

Municipal

Grants*

2018/19

Sports Amenities Building - Design

15,000

15,000

0

2019/20

Sports Amenities Building - Construct

692,000

592,000

100,000

2020/21

Sports Amenities Building - Construct

692,000

392,000

300,000

2021/22

Sports Floodlighting - Design

32,000

32,000

0

2022/23

Sports Floodlighting - Construct

366,000

244,000

122,000

TOTAL

1,797,000

1,275,000

522,000

Detail

Concept Development

Administration has prepared a draft concept design (Attachment 2) and 3D images (Attachment 3) for the development of the proposed Sports Amenities Building at the Reserve. The proposed scope of works for the building are outlined in the table below:

Element

Description

Changerooms

2 x 44m2 unisex change rooms each with showers, toilet and basins

Storerooms

2 x 18m2 and 1 x 24m2

First Aid Room

10m2

Umpires Room

12m2 includes shower and toilet

Male, Female and Accessible Toilets

Male and female toilets that are separate facilities from change rooms and a separate universal access toilet total 30m2 

Kitchen/Kiosk

28m2 with external servery

Cleaners and Electrical Rooms

4m2 + 1m2

Bin Store

11m2

Multi-Purpose Room

Future provision on a 100m2 multi-purpose room space as a separate stage. 

The proposed development of the Sports Amenities Building at the Reserve seeks to meet the operational requirements of the primary school and sporting clubs who currently use the Reserve. The building is consistent with the City’s existing level of provision for Sports Amenities Buildings servicing a Neighbourhood Active Reserve. The location of the Sports Amenities Building is somewhat limited due to the location of the existing carpark and playing area dimensions.

As noted above, the concept design incorporates the future provision of a 100m2 multipurpose room, to be located east of the kiosk and toilets. The delivery of the multipurpose room as a separate project is consistent with the approach taken with recent projects including Riverlinks Park Sports Amenities Building (completed) and the Edgar Griffiths Park Sports Amenities Building (construction to commence in January 2019). This is on the basis that the facility is used predominantly as a training venue where the provision of toilets, changerooms, storage etc is considered a more immediate need. The timeframe for the delivery of the multipurpose room will be determined in liaison with user groups in respect to their use of the Reserve and requirements for this space.


 

Project Schedule

The proposed timeframe for the delivery of the Sports Amenities Building is as follows:

Project Phase

Timeframe

Concept Design

April 2018 – July 2018

Detailed Design

July 2018 – December 2018

Tender Construction

February 2019 – March 2019

Construction and Practical Completion

April 2019 – November 2019

Defects Liability Period

December 2019 – December 2020

Consultation

Community Consultation Process

The community consultation process was undertaken as per the City’s Community Engagement Policy for the period 30 July to 24 August 2018 and included the following elements:

·        Distribution of an information letter (including concept and site plan) (Attachment 4) to 575 residents within 400m radius of the park;

·        Meeting with Quinns Districts Junior Football Club, Ridgewood Little Athletics Club and Quinns Rocks Little Athletics Club; and

·        Liaison with Department of Education and the Quinns Beach Primary School regarding the approval of concept plans.

Public Comment Outcomes

At the close of the community consultation period, Administration received a total of three responses, which is a return rate of approximately 0.5%. These are summarised below:

·        “It is pleasing that the oval seems to be used more. Could consideration be given to siting the facility at the eastern end of the school park instead of the northern as there seems to be equivalent room there and it would not impact our view?

·        We bought 2 months ago and this new building will be directly in front of us on the other side of the reserve and were not told by the Real Estate Company.

·        Who is going to manage and monitor the sports amenities building? Will there be rules in place regarding the usage and time of day it will close?”

Comment

In considering the responses from the residents, noted above, the following advice is provided:

Comment

Response

Building will affect views from residence - consider relocating building to eastern end of the carpark.

·    The eastern location sits within the Department of Education’s land and is not suitable for development.

·    The carpark was built with the intention to service the future sports amenities building, which has been arranged to limit interference with the playing areas.

Resident was not advised by their real estate agent that the park was an active reserve when they purchased the house. Who will manage the building and will there be rules in place regarding usage and time of day?

·    The provision of a Sports Amenities Building for the Reserve is consistent with the current and future use of the Reserve and with the City’s existing level of provision of active reserves of this nature.

·    The use of the Sports Amenities Building will be managed via the City’s Facility Hire and Use Policy and Guidelines, which guide use of the facility and booking curfews (currently 10.00pm).

Administration is of the view that the proposed facility provision is appropriate for a neighbourhood level active reserve of this size, is consistent with amenities provided at other reserves and will help to encourage active, healthy lifestyles within the community.

Statutory Compliance

The City will be required to secure the necessary development and building approvals prior to the commencement of construction.

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

Risk Title

Risk Rating

CO-O20 Productive Communities

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

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

Policy Implications

The design has been undertaken in line with the City’s Local Planning Policy 4.3: Public Open Space and Access and Inclusion Plan. The Community Consultation process has been undertaken as per the City’s Community Engagement Policy.

Financial Implications

The Belhaven Sports Amenities Building is currently listed in the 2018/19 Capital Works Program as PR-4111 as follows:


 

Year

Work Asset Item

Total Cost

Funding Source

Municipal

Grants*

2018/19

Sports Amenities Building - Design

15,000

15,000

0

2019/20

Sports Amenities Building - Construct

692,000

592,000

100,000

2020/21

Sports Amenities Building - Construct

692,000

392,000

300,000

TOTAL

1,399,000

999,000

400,000

*Successful Community Sport and Recreation Facilities Fund (CSRFF) grant – 2017 round.

The project budget identified above is sufficient to meet the estimated cost of construction of $1,399,000.

Administration has also submitted a grant application of $500,000 to the 2018 round of the Sports Australia (previously the Australian Sports Commission) Community Sport Infrastructure grants program. Grant outcomes are expected to be announced in November 2018. Should the City’s application be successful, the grant amount will be used to reduce the municipal contribution.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       ENDORSES the Belhaven Sports Amenities Building concept, as shown in Attachment 2 and Attachment 3 of this report;

2.       NOTES that construction of the proposed development is planned to commence in April 2019 and be concluded by November 2019; and

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

 

Attachments:

1.

Belhaven Sports Amenities Building - Site Plan

18/282634

 

2.

Belhaven Sports Amenities Building - Floor Plan

18/290961

Minuted

3.

Belhaven Sports Amenities Building - 3D Images

18/290969

Minuted

4.

Belhaven Sports Amenities Building - Community Consultation letter to residents

18/282067

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                      267

BELHAVEN SPORTS AMENITIES BUILDING

SITE PLAN

Proposed location
 



CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       268

BELHAVEN SPORTS AMENITIES BUILDING

FLOOR PLAN

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       269

BELHAVEN SPORTS AMENITIES BUILDING

3D IMAGES

Proposed location
 



CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                      270

 

File Ref:

(24676) 18/282067

Your Ref:

 

Enquiries:

Nerisa Finau - 9405 5339

 

 

2 November 2018

 

 

Dat Le

1 Dewar Mews

CLARKSON  WA  6030

 

Dear Sir/Madam

 

BELHAVEN SPORTS AMENITIES BUILDING

 

Belhaven Reserve is located at 2 Belhaven Terrace, Quinns Rocks. The active reserve is currently used by little athletics, junior football and Quinns Beach Primary School.

 

As part of the City of Wanneroo’s 2018/19 Capital Works Program a sports amenities building is being constructed to assist the local junior sporting clubs.

 

For your information a copy of the concept plan has been included on the reverse of this letter. The concept plan includes the City’s standard provision of:

·    Unisex changerooms (2 x 44m2);

·    Kiosk (28m2);

·    Male, Female and Accessible toilets (30m2);

·    First aid room (10m2);

·    Umpires room (12m2);

·    Club storage (2 x 18m2 and 1 x 24m2);

·    Bin store (11m2); and

·    External verandah.

 

It is anticipated that construction will occur from April to November 2019. Should you have any questions please contact leisure.planning@wanneroo.wa.gov.au or 9405 5339 by Friday 24 August.

 

Thank you for your interest in the Belhaven Sports Amenities Building.

 

Yours sincerely

 

 

 

Ian Ireland

COORDINATOR COMMUNITY FACILITY PLANNING

 

Enclosed:

·      Belhaven Sports Amenities Building Concept Plan


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       271

3.15  Hardcastle Park Development - Concept Design and Environmental Offset

File Ref:                                              23688V02 – 18/414172

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       4

Previous Items:                                   CD03-07/14 - PT02-05/14 - Request to include Hardcastle Park on Passive Parks 10 Year Capital Works Program - Ordinary Council - 22 Jul 2014 7:00pm

                                                            CP07-05/17 - Development of Hardcastle Park, Landsdale - Ordinary Council - 30 May 2017 7.00pm

                                                            7.1 - Environmental Offset Landholdings Strategy - Executive Leadership Meeting (ELM) - 06 Sep 2018 2:00pm - 4:00pm       

Issue

To consider the current status of the Hardcastle Park project, including the associated environmental offsets.

Background

Hardcastle Park (the Park) is located at 39 Hardcastle Avenue, Landsdale and is an existing passive park of approximately 1.16 hectares in size. The Park is classified as a Neighbourhood Recreation Park or Nature Park due to the Threatened Ecological Community (TEC) on the site as per the City’s Public Open Space Hierarchy (Attachment 1).

 

Council has previously considered two reports on this project being CD03-07/14 and CP07-05/17. 

 

During the initial concept development phase of the project, site inspections conducted by Administration identified the existing vegetation on site as being significant. A flora survey of the park was undertaken confirming that the site has native vegetation that is considered significant and impacts on the extent of development on this site.

 

As a result, Administration investigated the use of environmental offsets to support an expanded development footprint within Hardcastle Park.

 

Following review of the environmental constraints identified for the site, Administration received advice from Western Power raising concerns of the proximity of the intended park development to the adjacent 6m easement for the overhead transmission power lines.

 

Western Power indicated that any proposed development within and adjacent to the easement area would need to be assessed by Western Power prior to any works being undertaken. Consequently the City was required to appoint an external consultant (approved by Western Power) to undertake this assessment in respect to any safety risks and subsequent remedial measures to be implemented within the park development.

 

Administration submitted a Native Vegetation Clearing Permit (NVCP) application to clear 0.30 hectares of vegetation to the Department of Water and Environmental Regulation (DWER) for assessment (CPS 7860/1). DWER carried out an initial assessment of the proposal and considered the environmental impacts to Banksia Woodlands TEC to be significant.  As such, DWER recommended that Administration revise the proposal and reduced the application area to 0.198 hectares.

 

The revised proposal included the rehabilitation of degraded areas to increase the area of Banksia Woodlands TEC within the park. To consider the revegetation component, DWER has requested the City to prepare a revegetation plan prior to finalising the clearing permit assessment (Attachment 2). DWER has undertaken a calculation of the offset required to counterbalance the proposed clearing of 0.198 hectares of black cockatoo habitat and Banksia Woodlands TEC. An offsite offset area of approximately 0.53 hectares is required. This is based on the assumption that the offsite offset area will be in very good condition and managed for conservation in perpetuity.

 

This report considers a proposal to satisfy the environmental offset requirements through offsite land offsets and on site revegetation offsets. It should be noted that the development of Hardcastle Park is unable to progress without satisfying the environmental offset conditions of CPS 7860/1.

 

Detail

 

Concept Design

 

Administration developed a concept plan (Attachment 3) that was presented to the community in April/May 2017 and reported to Council through CP07-07/15 – Development of Hardcastle Park. This concept took into account the restrictions on the project from the Banksia Woodlands TEC on the site and the Western Power limitations due to the proximity of overhead transmission power lines.

 

The original concept approved in July 2017 has since been revised to accommodate the requirements of the offset plan and maintain consistency with Western Power conditions, whilst maintaining the requirements of the community identified through the consultation process (Attachment 4).

 

Key elements identified within the concept plan are as follows:

 

Element

Description

Central Playground

Combination unit located between the conservation area and the internal pathway

Junior Play zone

Multiple play features for children 3-8 year olds located outside 6m exclusion zone.

Birds Nest Swing

Located outside the 6m exclusion zone, with sand soft-fall

Turfed Area

Located on the south west portion of the park around disc swing and junior play zone

 

The primary change in the revised concept (Attachment 4) is the reduction of the extent of turfed area to satisfy the DWER requirements for retained TEC and revegetation plan. This has required the overall footprint of the play equipment to be condensed.

 

The cost estimate for the delivery of this concept is $592,500.

 

Environmental Offset Package

 

In liaison with DWER, the City proposes to fund an offsite environmental offset of 0.53 hectares of Banksia Woodlands located in Bindoon; revegetate 0.25 hectares of degraded areas within Hardcastle Park; and maintain remnant Banksia Woodlands TEC vegetation within Hardcastle Park to satisfy the environmental offset condition triggered by CPS 7860/1.

 

The City acquired 647 hectares of land for an environmental offset associated with the Neerabup Industrial Area project in Bindoon. The land was ceded to the Crown and is managed by Department of Biodiversity Conservation and Attractions (DBCA). Of the 647 hectares of land purchased, 155 hectares was ‘banked’ for future use as an environmental offset for other purposes.

 

In consideration of the environmental offset requirements associated with the Hardcastle Park development, 0.53 hectares of the 155 hectare ‘banked’ land will be used to meet the DWER requirements for an offsite environmental offset as a result of the clearing of Banksia Woodlands TEC vegetation. Based on a per hectare rate of $1,665.00, the value of the Hardcastle Park environmental offset (0.53 hectares) is $882.45. This will require the reimbursement of the Neerabup Reserve by the Hardcastle Park project to the value of $882.45.

 

The 0.25 hectares of revegetation within Hardcastle Park will also commit the City to a five year offset revegetation and maintenance program. The details of the funding requirements are included within the financial section of this report.

 

A ‘Revegetation Plan’ has been created and includes site preparation works, weed management, seed collection, plant propagation, planting, watering and monitoring. The Plan also details environmental and historical factors affecting Hardcastle Park, reserve vesting and management, scope and schedule of revegetation works, funding requirements and the City’s monitoring and reporting commitments.

Consultation

As a result of previous consultation exercises a revised draft concept plan (Attachment 3) was released for community consultation between 10 April and 7 May 2017 in accordance with the following consultation strategy:

 

·        Distribution of an information letter, survey and concept plan to residents within a 400m radius of Hardcastle Park, requesting their feedback via the reply paid survey or by completing the online survey;

·        Face to face community consultation held on 24 April 2017 to allow interested members of the public to view and discuss the draft concept plan with City Elected Members and staff;

·        Promotion via the City’s website and social media; and

·        Inclusion of the concept plan and comment form on the City's web site under the 'Your Say" section.

 

Administration received 127 submissions in total from 699 mails outs (18% response rate) with 100 responses (81%) supporting the proposed concept plan and 24 responses (19%) not supporting the proposed concept plan. Three responses did not address the question.

 

Of the 24 respondents who did not support the plan, 12 comments (50%) focused on clearing more bush and/or creating a larger turf area, whilst four comments (17%) did not want any bush cleared. There were also six comments (25%) relating to reviewing proposed equipment provision and providing equipment for older children, mainly basketball facilities. A summary of the top six response categories specific to those who did not support the plan is provided below.

 

Top six response categories:

·        Clear more bush and provide more green space (12);

·        Review equipment and provide more equipment for older children (mainly basketball) (6);

·        Preference not to clear any bush (4);

·        Fencing of playground and/or along Landsdale Road boundary (3);

·        Better access off Hardcastle Avenue (2); and

·        More picnic settings and BBQ’s (2).

 

For the respondents who were in favour of the proposed concept, comments centred on support of the larger turf area, the balance between developed space and retained bushland, and the relocation of equipment to a central area away from Landsdale Road. Whilst respondents were in support of the proposed concept design, there were still some comments that signalled a preference for more turfed area if possible, as well as comments requesting review of the equipment provision, mainly in relation to adding or swapping out the proposed provision for equipment that caters for older children such as basketball.

 

Of the 127 respondents, 114 respondents (90%) said they were in support of the provision of equipment that was proposed as per the revised concept design (Attachment 3), 12 respondents (10%) said they were not in support, and one respondent did not answer the question. There were nine comments (16%) requesting additional equipment or equipment for older children, which was the most prevalent commentary in relation to this question, whilst four comments (7%) requested the stepping stones and logs be replaced with other items.

 

Administration scheduled a face to face community consultation meeting with residents, the Mayor and Ward Councillors on 24 April 2017 at Warradale Park Clubrooms and no residents attended the consultation. The previously held on site consultation at Hardcastle Park was predominantly attended by community members in opposition to the proposal. As there were no attendees at the April meeting, it was taken that the results provided via the reply paid and online surveys are an accurate reflection of the community’s opinion of the proposed concept plan.

 

No further consultation with residents was undertaken in respect to the revised concept (Attachment 4) on the basis that the design changes are as a result of DWER requirements and the functionality of the site has not been significantly altered.

 

The City has received in principle support from DWER on the draft Revegetation Plan and 0.53 hectare environmental offset located at Bindoon. 

Comment

The proposal to fund an offsite environmental offset at Bindoon, undertake the revegetation of 0.25 hectares of degraded areas within Hardcastle Park and maintain Banksia Woodlands TEC within Hardcastle Park is critical to progress the development of the Park.

 

The revegetation and maintenance commitments, completion targets and criteria are achievable within the specified five year implementation period. The proposed actions will result in a significant improvement to the City’s Natural Area asset of Banksia Woodlands Threatened Ecological Community within Hardcastle Park.

Statutory Compliance

In Western Australia, the clearing of native vegetation is regulated by the Environmental Protection Act 1986 and Environmental Protection (Clearing of Native Vegetation) Regulations 2004.

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

Risk Title

Risk Rating

ST-G09 Long Term Financial Planning

Low

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

CO-O17 Financial Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

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

Policy Implications

The City's Local Planning Policy 4.3 Public Open Spaces was used as the guiding framework for the development of the draft concept plan.

Financial Implications

Concept Design

 

The table below provides a summary of the budget allocations and expenditure to date for the project (PR-3063):

 

Year

Budget

Carry Fwd

Expenditure

Balance

2015/16

$55,000

$0

$47,213

$7,787

2016/17

$335,000

$7,787

$24,450

$318,337

2017/18

$101,125

$318,337

$36,037

$383,425

2018/19

$0

$383,425

$3,228

$380,197

Total

$491,125

 

$110,928

$380,197

 

A concept design budget of $55,000 was allowed for within the 2015/16 Capital Works Budget. The balance of unspent funds from this budget was $7,787 which was carried forward to 2016/17.

 

A construction budget of $335,000 was allowed for in 2016/17 and the project had a total remaining available budget of $318,337. The main expenditure items in 2016/17 were for consultancy fees, Western Power fees and internal Project Management charges.

 

As a result of the costing for the concept design an additional sum of $101,125 was listed for consideration in the 2017/18 capital works budget. This equates to a total project budget of $491,125. Additional expenditure in 2017/18 of $36,037 was incurred for consultancy fees and fees associated with the NVCP application to DWER. The current balance for the project budget is $380,197 with a cost estimate for delivery of the concept design being $592,500.

 

It is proposed to address the funding shortfall of $212,300 as a part of the 2019/20 budget development process noting the additional funds are to be found within the existing draft 2019/20 Capital Works Program - Passive Parks sub program.

 

Environmental Offset Package

 

The proposed land exchange for 0.53 hectares of surplus offset land located in Bindoon will commit the City to a one off cost of $882.45.

 

The revegetation and maintenance activities for the 0.25 hectare environmental offset site within Hardcastle Park, which will be undertaken over a five year period and will commit the City to fund these in future budgets. The financial implication for the Revegetation Plan is $257,314. A cost breakdown of the revegetation plan component is provided below.

 

The total financial implication of environmental offsets is $258,196.45 and the offsets are currently un-budgeted. It is proposed to add the costs of the environmental offsets to the existing project PR–3063: Hardcastle Park.

 

A total sum of $61,572 will be required in 2018/19 (i.e. $60,690 + $882.45) to commence the implementation of the revegetation plan and fund the offset of 0.53 hectares of Banksia Woodlands located in Bindoon.

 

 

The cost for the remainder of the revegetation plan will require funding in future budgets.

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.       NOTES the identification of suitable offsite environmental offset land for Hardcastle Park, as required by Department of Water and Environmental Regulation as part of the Environmental Offset Package, described as portion of Lot 901 Brennan Road, Bindoon comprising a total area of 0.53 hectares at a cost of $882.45;

2.       APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 to enable the reimbursement of the Neerabup Reserve as a result of the Hardcastle Park offsite environmental offset requirements, as determined by the Department of Water and Environmental Regulation:

Project Number

From

To

Description

PR-3063

$882.45

 

Hardcastle Park

N/A

 

$882.45

Neerabup Reserve

3.       APPROVES BY ABSOLUTE MAJORITY the over expenditure of $61,572 in accordance with the City’s Accounting Policy Section 3(g)(c) as pursuant to Section 6.8(1)(b) of the Local Government Act 1995 for the delivery of the environmental offset package for Hardcastle Park in 2018/19 as part of PR-3063;

4.       APPROVES the listing of the following amounts in the 2019/20 draft 20 Year Capital Works Program, for the delivery of the environmental offset package for Hardcastle Park as part of PR-3063:

2019/20

2020/21

2021/22

2022/2023

2023/24

$67,417

$40,708

$34,667

$27,166

$26,666

5.       APPROVES the inclusion of $212,303.00 in the draft 2019/20 Capital Works Program to allow for the completion of Hardcastle Park PR-3063 (excluding the cost of the environmental offset package), noting the additional funds are to be found within the existing draft 2019/20 Capital Works Program -  Passive Parks sub program.

 

Attachments:

1.

Hardcastle Park - Location Map

16/389125

 

2.

Hardcastle Park Revegetation Plan CPS 7860/1

18/375472

 

3.

Hardcastle Park- Concept 2017

17/102866

 

4.

Hardcastle Park - Concept 2018

18/458557

 

 

 

 

 

 


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3.16  Proposed Yanchep Skate Park - Site Analysis

File Ref:                                              25887 – 18/434382

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       5         

Issue

To consider a proposed site for a skate park in Yanchep.

Background

At the City of Wanneroo Annual General Meeting (AGM) held on 27 January 2016, a motion in regards to the provision of a skate park in Yanchep was put to the meeting as follows:

“That the City of Wanneroo consider in their 2016/17 budget the design and installation of a skate plaza together with a family friendly park amenities in Yanchep that caters for all ages and levels of experience and includes community input into the design.

Additionally, a youth working reference group be formed.”

In response to the motion Administration undertook to consult with young people in Yanchep in regards to their needs in respect to leisure facility provision and broader service delivery needs. This was undertaken via the City’s Y-Speak survey which was completed in late 2017. A key outcome for the Y-Speak survey was as follows:

The community has identified the need for an increase in youth services and facilities. Community consultation indicates that facilities and services for families and young people to access which are open and safe for the community to utilise are valued. Statistics demonstrate the top ranked facilities for young people in Yanchep include the following:

·          Recreational facility;

·          Youth centre;

·          Training facility;

·          Community centre; and

·          BMX, Skate and Scooter facility.

In February 2017, the City was awarded State Government funding of $300,000 towards the construction of a skate park within Yanchep. This was later increased by $450,000 as part of the Local Projects, Local Jobs program. 

Detail

As a consequence of the Y-Speak consultation process and receipt of the State Government funding commitment, Administration undertook a site analysis process specifically looking at the capacity of the available Active Reserves and passive Public Open Spaces in Yanchep to accommodate the proposed skate park. The site analysis considered a number of criteria, as outlined in the table below:


 

Criteria

Detail

Location

·    Proximity to residences

·    Proximity to community areas (active reserves, path networks, shopping and community gathering points)

·    Proximity to public transport

·    Proximity to supporting amenities

Size

·    Capacity to provide a space of a minimum 1,000sqm without affecting existing amenity

Passive Surveillance

·    Ability to be viewed without active participation (i.e. close to high traffic areas)

Existing purpose of the site

·    Public Recreation or other

Current use

·    Active or passive reserve;

·    Is the space currently booked for other uses (sporting clubs etc.)?

Parking

·    Is there sufficient parking spaces (or verge parking)?

Vehicle and pedestrian access

·    Ease of access for vehicles and/or pedestrians

The site analysis has been based on the development of a skate park with a footprint of approximately 1,000m2, which is similar in amenity to that provided at the Wanneroo Showgrounds and at Grandis Park in Banksia Grove. This does not include supporting amenities such as landscaping, circulation space/buffer zones, car parking etc.

A total of 14 sites were included within the analysis, with the results summarised within the table included in (Attachment 1).

As a result of the analysis undertaken, the following locations were considered to be possibilities, noting however that each have their shortcomings:

Oldham Park (Attachment 2):

·        Two locations were identified at the site however both result in the loss of existing amenity and have poor passive surveillance;

·        The northern location would require considerable earth works and is in close proximity to neighbouring residential properties, impacting on amenity;

·        The southern option will result in encroachment into the existing playing surface, impacting on the functionality of the playing field and would require the relocation of floodlighting.

Fisherman’s Hollow (Attachment 3):

·        The inclusion of a skate park within Fisherman Hollow would mean a loss of existing amenity within this popular park;

·        Currently the park has below ground drainage cells under the central turf area, which would require relocation if a skate park was to be developed on the site; and 

·        Passive surveillance is poor.

Yanchep Senior High School/Morwell Park (Attachment 4):

In investigating this option, Administration consulted with the Department of Education, with the feedback being that the Department is highly unlikely to have an appetite for the proposal. This is on the basis that:

·        The site is very restricted as it has a significant hill which limits development at the site;

·        The Department has recently completed Stage 1 however are now working towards the completion of Stage 2 which would see the development of the balance of the site. This includes the open area on the corner of Blackwood Meander and Ravensbourne Street has been earmarked for Year 12 facilities;

·        Security, noise and traffic concerns generated by the users of the proposed facility would be  a source of conflict;

·        The Department does not, as a general policy support skate parks on or adjoining their school sites and the school would have difficulty covering the additional management obligations to control access and use of the skate park during school hours; and

·        Potential use of the skate park by students could also increase risks for the school during school daily activities.

It should also be noted that the adjacent Morwell Park is a drainage reserve and contains a Water Corp easement for an existing pumping station.

Splendid Park (Yanchep Active Open Space)

Splendid Park (the Park) is a district level active reserve, located on Splendid Avenue in Yanchep. The Park comprises of two senior sized multi-purpose playing fields (floodlit to large ball sports training level), sports amenities building, hard courts (x2), path network, passive areas and car parking. 

When initially undertaking the analysis of this site, consideration was given to only those areas which were surplus to current requirements. This meant that the existing playing fields, landscaped areas and drainage were excluded. As a result, the initial analysis focussed on the existing overflow car park area (located to the west of the existing car park) which was considered to be too small for the development of the proposed skate park.

However, as a result of further review based on more expansive site criteria, a further three potential sites were identified, those being Options A, B and C as shown in (Attachment 5). A summary of these options is outlined as follows:

Option

Detail

Option A

·    Construction of the skate park adjacent to the oval on the western side of the Park;

·    The site is relatively flat therefore requiring minimal site earthworks;

·    The area is currently vegetated with small shrubs and mulched. All existing infrastructure can be kept, only the fence around the oval needs modification;    

·    Cost of preparing the area for the skate park construction is approximately $60,000 and includes: irrigation reinstatements, clearing of shrubs and mulch and disposal, earthworks, control traffic and fence modification works.

Option B

·    This proposed site is in the mulched area opposite the Sports Amenities Building;

·    This mulched area is part of the drainage system of the road and carpark thus the stormwater drainage needs to be reinstated/ reconnected;

·    It is estimated that to reinstate the stormwater drainage and to prepare the site for the skate park would cost in the order of $225,000;

·    This option was not preferred as the site is the main entrance to the Park, meaning users of the facility would need to cross the car park which poses a high level of risk, in particular during peak periods. Development of the site also comes at significant expense.

Option C

·    This proposed site is in the area adjacent to the tennis courts;

·    This area currently serves as a drainage sump to the surrounding road and car park network;

·    Inspection of the site revealed that the area was not suitable due to the depth of the existing sump and the excessive earthworks and stormwater requirements to achieve a suitable surface for the skate park. As a result of these significant limitations, a cost estimate was not developed.

The analysis of the above options is based on a facility footprint of 1,000sqm, which is similar to those facilities provided at the Wanneroo Showgrounds and at Grandis Park in Banksia Grove.

As a result of the above analysis, this report recommends Option A as the preferred option, noting that Administration has yet to undertake any consultation with residents or sport clubs who use Splendid Park.

Consultation

In undertaking the site analysis, consultation has been limited to key stakeholders including the Department of Education and land developers.

Consultation in regards to the recommended option will be undertaken as per the City’s Community Engagement Policy. This will include a specific consultation process with young people and potential users of the facility in respect to the design development process.

Comment

In considering Option A at Splendid Park, it should be noted that the initial community expectation (as a result of the AGM Motion) was that the skate park would be a “skate plaza” style with linkages to “family friendly” amenities and, by extension, linkages to other supporting community infrastructure to facilitate targeted service delivery (i.e. community/youth centre, civic facilities etc).

While Splendid Park is able to provide sufficient area for a skate park, it does not have the capacity to provide a larger facility, nor does it currently provide links to other community infrastructure such as a youth centre.

The table below provides an estimated delivery time for a project of this nature, based on previous projects at Wanneroo and Banksia Grove:

Project Stage

Duration

Engage Design Consultants

8 weeks

Preliminary Works and Concepts

3 weeks

Stakeholders Workshops & Final Concept Design

8 weeks

Wider Community Consultation & Council Report

14 weeks

Detailed Design and Documentation

4 weeks

Construction Tender & Reporting

14 weeks

Construction

24 weeks

Total Estimated Project Timeframe

75 weeks

It should also be noted that the City currently has a lease over Splendid Park with the landowner, Yanchep Beach Joint Venture (YBJV) and the proposed development of a skate park at this site will require further negotiation with YBJV, in respect of site access and consent for the skate park.

Statutory Compliance

Nil

 

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

Risk Title

Risk Rating

CO-O01 Relationship Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

 

Risk Title

Risk Rating

ST-G09 Long Term Financial Planning

Low

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

CO-O17 Financial Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

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

Policy Implications

Nil

Financial Implications

As noted, the City has received a State Government funding commitment of $450,000 for the project with final approval of the grant subject to confirmation of the site and scope of the project.

Currently a funding allowance of $30,000 has been made within the current financial year for concept development with the sum of $420,000 listed in 2019/20 for design development and construction.

It should be noted that the development of similar facilities at the Wanneroo Showgrounds and Banksia Grove have been in the order of $600,000. With the addition of $60,000 to prepare the site, it is recommended an additional minimum amount of $210,000 be budgeted for the project and that this amount be sourced from external grant funding opportunities.

Voting Requirements

Simple Majority


 

Recommendation

That Council:-

1.       NOTES the outcome of the site analysis process;

2.       ENDORSES site Option A at Splendid Park (as per Attachment 5 of this report) being pursued for the development of the proposed Yanchep Skate Park;

3.       NOTES that further negotiation is to occur with the land owner, Yanchep Beach Joint Venture, in respect to the City’s existing lease over Splendid Park and the proposed skate park development; and

4.       NOTES that the additional sum of $210,000 will be required for the project, to be sourced from external grant funds.

Attachments:

1.

Site Analysis - Yanchep Skate Park

17/398140

 

2.

Oldham Reserve - North Option and South Option

18/458844

 

3.

Fishermans Hollow

18/207583

 

4.

Yanchep Senior High School  & Morwell Park

18/207672

 

5.

Splendid Park (Formerly Yanchep Active Open Space) - Skate Park Options (A,B,C)

18/433817

Minuted

 

 

 

 

 

 

 

 

 


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3.17  Quinns Beach Surf Life Saving Patrol Observation Tower Project - Consultation Outcomes and Site Identification

File Ref:                                              28864V01 – 18/423325

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       9         

Issue

To consider the proposed Quinns Beach Surf Life Saving Patrol Observation Tower project.

Background

The provision of a surf lifesaving patrol tower at Quinns Beach has been a joint initiative between the City, the Quinns Mindarie Surf Lifesaving Club (QMSLSC) and Surf Life Saving WA (SLSWA) to support the existing QMSLSC’s volunteer lifesaving patrols and SLSWA’s lifeguard service that is provided as per the City’s existing contract with SLSWA.

In recent years SLSWA has undertaken a research and development process for the design of an observation tower which is purpose built for WA conditions and is able to be manufactured locally (Attachment 1). The tower developed by SLSWA is transportable, in that it can be disassembled and removed from the beach or re-located within a short period of time (i.e. within half to one day).

As a result of the SLSWA tower development process, an amount of $80,000 was included within the City’s 2017/18 budget for the purchase and installation of a tower at Quinns Beach. A number of Local Governments and surf clubs across the State have commissioned the towers, the first of which have since been installed at City Beach (Attachment 2).

In early 2018, the QMSLSC were successful in securing a $70,000 Local Projects Local Jobs grant from the State Government to contribute towards the tower. With the additional budget QMSLSC proposed an alternative two-storey design including a first aid room underneath (Attachment 3), with the proposed location to be on the north-west corner of the turfed area in front of Portofino’s (Attachment 4).

The proposal was submitted to the Department Planning, Lands and Heritage (DPLH) for review on the basis that the proposed location is within the foreshore reserve and subject to specific planning requirements. As a result the following advice was provided by DPLH:

·          The two-storey design would be considered a ‘permanent’ structure;

·          As per State Planning Policy 2.6: State Coastal Planning Policy, permanent structures are not permissible within the foreshore reserve unless the area is designated as a coastal node and outlined in the Foreshore Management Plan;

·          There is no strategic planning document for the area (Foreshore Management Plan, Coastal Strategy, Local Structure Plan etc.), which is required to identify the beach as a coastal node;

·          Any infrastructure within the foreshore reserve cannot be permanent and needs to be temporary.

Based on the above advice it was agreed with the QMSLSC that the proposed tower design would revert back to the standard SLSWA design (i.e. single storey temporary structure) and that alternative locations would be investigated. This was due to the size of the tower exceeding the proposed location without the removal of the existing artwork and the need for a significantly sized ramp over the rehabilitated area to access the beach.

To assist with determining a suitable location Administration undertook a vegetation assessment of the area (Attachment 5). Three locations were considered:

Site

Location

Assessment

A

Dune area in front of the original location requested by QMSLSC

·    Located within an important ecological linkage, site contains locally native species planted by the City from 2010 to 2015.

·    Any clearing would require a Native Vegetation Clearing Permit under the Environmental Protection Act 1986.

B

North of Site A in an existing clearing within the dunes

·    Recommended alternative location.

·    Provides good lines of sight along entire beach, closer to the swimming enclosure and no clearing permit required.

C

South of Site A in front of the dunes, approximately half-way between the two access ramps

·    Considered as an alternative site that did not require clearing, however not recommended given poor visibility along the coast.

Based on the above advice Site B, with the support of QMSLSC, was provided to SLSWA to review in terms of tower design and operational requirements. SLSWA’s advice was as follows:

·          The tower can be installed at the proposed location (B) with modifications to the staircase and potential stabilisation earthworks. Noted good lines of sight to the northern end of the beach; however tower will be visible from the street.

·          Recommend alternative location (B1) based on:

o    Sufficient lines of sight to the northern end of the beach;

o    Reduced elevation and therefore visibility from street;

o    Basic design modifications and levelling required;

o    No clearing permit required.

Administration presented Location B1 (Attachment 6) to QMSLSC, however this was not supported due to the reduced elevation and location B remained the preferred site by the Club.

Administration progressed to community consultation based on Location B. Letters were sent to 50 residents and owners along Ocean Drive and McPharlin Avenue with a copy of the proposed plans and survey inviting feedback.

The consultation period was open from 15 May to 30 June 2018. A total of 10 submissions were received, two in favour and eight not in favour. As a result a site meeting was held on 26 June with residents who presented the following concerns:

·          The tower will compromise the integrity of the dunes and increase pedestrian traffic to the area; and

·          The tower will block residential views and decrease property values.

As a result of this discussion, the residents in attendance nominated two people as resident representatives to be involved in a smaller working group with Administration and the QMSLSC to work through the issues and to consider the options.

Detail

On 17 July 2018 Administration facilitated a meeting with the resident representatives and QMSLSC to discuss their concerns with Location B. Feedback was also provided by the Quinns Rocks Environmental Group via email. As a result, three new locations (nominated as Locations 1, 2 and 3) were identified for further investigation (Attachment 7).

These were referred back to SLSWA for assessment with Location 2 identified as the most suitable due to:

·          Location is well positioned relative to the entire beach/patrol area;

·          Unimpeded visibility to the north and south;

·          No clearing permit required;

·          Bottom of the stairs would sit approximately 10-15m from the shore line, therefore not impacting on accessibility along the beach.

On 2 October 2018 Administration presented this recommendation, with the support of QMSLSC, to the resident representatives.  The table below is a summary of the discussion regarding the three locations:

Site

Location

Assessment

1

Mid-way up the beach, in front of the dunes and closer to the shoreline

Lack of space between the tower and shoreline, would require modification to staircase design and visible from the road and to residents.

2

Mid-way up the beach, tucked back into the front of the dunes

Preferred option by SLSWA and QMSLSC due to:

·    Provides adequate elevation, and unimpeded visibility to the north and south;

·    Well positioned relative to the entire beach/patrol area and swimming enclosure;

·    Bottom of stairs approximately 10-15m from shoreline; and

·    No clearing required.

Resident’s concerns:

·    Potential for antisocial behaviour when tower is not in use;

·    Cosmetically unappealing and will impact on the amenity of adjacent residents;

·    Potential to create additional foot traffic in sand dunes;

·    Privacy concerns allowing those in the tower to see into adjacent homes; and

·    Send mixed messages to visitors as to where the “beach activity” is – i.e. not realise where the carpark is and park illegally.

3

Southern end of the beach, next to the access ramp in front of the surf club

Preferred option by residents due to:

·    Believe lines of sight adequate and comparable to Location 2 (~100m difference);

·    Area is close to the flagged patrol area and surf club building;

·    Does not impact on the amenity of adjacent residents; and

·    Will not create any privacy concerns.

This option was not preferred by QMSLSC due to:

·    Not well positioned relative to the entire beach/patrol area;

·    Visibility to the north is limited;

·    Similar lines of sight already achieved from higher elevation of surf club; and

·    Location would congest the area which already includes emergency vehicles, trailers, patrol shelter etc. Refer Attachment 8 for example patrol setup.

As an outcome of this meeting it was agreed that Administration further investigate Location 1 in consultation with SLSWA and QMSLSC in terms of:

·          Consider minimum height required for sufficient levels of sight;

·          Alternative design to the stair access; and

·          Additional photographs to show elevation of the tower.

On 15 October 2018 Administration met on site with SLSWA and Mayor and Ward Councillors to further investigate Locations 1, 2 and 3. During this discussion an alternative option (Location 4) was identified, which is located in front of Quinns Road, backed up to the conservation fence (Attachment 7).

On 22 October 2018 a further meeting was held with local residents, SLSWA, QMSLSC and Elected Members to discuss the location options, including the alternative Location 4. After discussion on the advantages and disadvantages of the various sites and considering the views of residents, QMSLSC and SLSWA, it was determined that Location 4 would be a compromise between the residents’ environmental concerns and surf lifesaving operations.

The QMSLSC have subsequently reviewed Location 4 and have provided the following assessment:

Site

Location

Assessment

4

Between Locations 2 and 3, in front of Quinns Road and backed up to the conservation fence

·    Provides adequate lines of sight to the north and south (Attachment 9);

·    Well positioned relative to the entire beach/patrol area; and

·    May need some minor adjustments in situ.

As a result, this report recommends progressing with the installation of the patrol tower at Location 4 on a trial basis, subject to review by Surf Life Saving WA and the Quinns Mindarie Surf Life Saving Club based on patrol operational requirements. Any amendment to the location of the tower will include prior advice to Elected Members and residents.

Project Schedule

The anticipated timeframes for the balance of the project is as follows:

Project Phase

Anticipated Start

Anticipated Finish

Council Meeting

November  2018

November 2018

Approvals

November 2018

November 2018

Fabricate Tower

December 2018

February 2019

Mobilisation, Site Prep and Installation

February 2019

February 2019

Consultation

As outlined within this report, consultation has been undertaken with the QMSLSC, SLSWA, and residents. Consultation with residents has been undertaken as per the City’s Community Engagement Policy.

Comment

The provision of a patrol tower at Quinns Beach is considered necessary to support the provision of beach safety services by the QMSLSC and SLSWA, and to augment existing surf lifesaving equipment and operational methodologies. This is particularly important given the growth occurring within the corridor, and the installation of the swimming enclosure, which is expected to increase beach usage into the future.

The following statistics provide an overview of key aspects of the beach safety service provided at Quinns Beach and are taken from the SLSWA’s 2017/18 Lifeguard Activity Report:

·          540 preventative actions (up 14% from 473 in 2016);

·          9 rescues (up 600% from 1 in 2016);

·          0 major first aids (down from 3 in 2016);

·          47 minor first aids (down 28% from 65 in 2016); and

·          59 daily average visits (down 14% from 69 in 2016).

 

As mentioned previously, the tower is a temporary structure and storage of the tower outside of the summer season is anticipated to occur at the City’s Operations Centre.

Statutory Compliance

The proposed patrol tower is consistent with State Planning Policy 2.6: State Coastal Planning Policy, whereby any structures within the foreshore reserve must be deemed “temporary” in nature. For a permanent structure to be considered, the site would need to be identified as being within a coastal node, which would enable a variation to be explored under the Policy. As there is no strategic planning documentation for the area, the site cannot be identified as a coastal node.

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

Risk Title

Risk Rating

CO-O23 Safety of Community

Moderate

Accountability

Action Planning Option

Community & Place

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

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

Policy Implications

The proposed patrol tower is consistent with Local Planning Policy 4.21: Coastal Assets Policy, whereby a temporary surf lifesaving outpost may be considered in lieu of a permanent facility.

Consultation has been carried out in line with the City’s Community Engagement Policy.

Financial Implications

The total project budget is $150,000, comprising of municipal and grant funding as outlined in the table below:

 

Year

Work Asset Item

Total Cost

Funding Source

Municipal

Grants

1

Quinns Patrol Tower

150,000

80,000

70,000

TOTAL

150,000

80,000

70,000

 

The estimated total cost of the project is $100,000 and is within the allocated budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the outcomes of the Quinns Beach Surf Life Saving Patrol Tower consultation process, as outlined within this report;

2.       NOTES Location 4, as shown in Attachment 7 of this report, as the proposed site for the installation of the Quinns Beach Surf Life Saving Patrol Tower, noting that this is on a trial basis, subject to review by Surf Life Saving WA and the Quinns Mindarie Surf Life Saving Club based on patrol operational requirements; and

3.       RECOGNISES and THANKS the community, Surf Life Saving WA and the Quinns Mindarie Surf Life Saving Club for their involvement in the consultation component of the project.

 

Attachments:

1.

SLSWA Tower Concept

18/448106

 

2.

City Beach Tower

18/448196

 

3.

Two Storey Concept

18/448207

 

4.

Two Storey Location

18/459328

 

5.

Environmental Asset's Vegetation Assessment

18/448258

 

6.

SLSWA recommendation

18/448280

 

7.

Location investigation

18/449850

Minuted

8.

Beach Patrol Setup

18/459422

 

9.

Location 4 lines of sight

18/465623

 

 

 

 


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Communication, Marketing and Events

3.18  Marina Mindarie Sponsorship Proposal

File Ref:                                              33183 – 18/459163

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider a request to enter into a three year (2019-2021) sponsorship arrangement with The Marina, Mindarie to the value of $60,000.

Background

The City has been supporting The Marina, Mindarie with financial sponsorship for its festival events since 2007.

Detail

The Marina, Mindarie is seeking to partner with the City of Wanneroo as its exclusive major sponsor for the Toast to the Coast and Mindarie Festival for the next three years (2019-2021). The Marina, Mindarie is seeking a three year financial investment of $20,000 per annum from the City in line with their sponsorship proposal (refer Attachment 1).

Since 2007, the City has partnered with The Marina, Mindarie with a total financial investment of $68,000.

Year

Amount

2007

$10,000

2008

$10,000

2010

$1,500

2015

$6,500

2016

$24,000

2017

$16,000

An allocation of $16,000 is currently available in the 2018/19 budget to support The Marina, Mindarie. This is for events in November 2018 (Mindarie Festival) and April 2019 (Toast to the Coast).

Consultation

The sponsorship proposal submitted by The Marina, Mindarie has been considered by the City’s Festivals and Cultural Events Committee and supported for consideration by Council.

Comment

As its exclusive major sponsor for Toast to the Coast and Mindarie Festival for the next three years (2019 –2021), The Marina, Mindarie advises that this enables the City to: 

·          Add value to the City’s profile as a tourism destination;

·          Promote the City to the wider public;

·          Create a sense of vibrancy, community and pride within the City;

·          Festivals and associated activities are free and provide the opportunity for all families to access experiences they might not otherwise be able to enjoy;

·          Provide support and exposure for local small business, artisans and volunteer groups;

·          Showcase local growers and producers;

·          Attract visitors from far and wide to the City of Wanneroo with money being spent locally;

·          Support local jobs, with The Marina, Mindarie employing 180 people.

It is recognised that the proposed sponsorship arrangement provides positive marketing opportunities for the City; however there are reputational risks to be considered in partnering with a large commercial organisation and endorsement of alcohol products (Indiana Brewhouse) that is not aligned to the philosophy of Council’s Sponsorship Policy and the most recent Public Health Plan.

While financial sponsorship has been provided over a number of years to The Marina, Mindarie by the City, there has not been an agreement in place that outlines the responsibilities of both parties under the sponsorship agreement, including the benefits that accrue to the City from the arrangement.

If this sponsorship proposal is endorsed, the City will enter into negotiations with The Marina, Mindarie to ensure the City receives maximum exposure at the festivals. A formal sponsorship agreement will developed to reflect the responsibilities of both parties.

Statutory Compliance

Nil

Strategic Implications

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

 “2     Economy

2.4    Places of Destination

2.4.2  Enhance Wanneroo as a distinctive place to invest

Risk Management Considerations

Risk Title

Risk Rating

Relationship Management

Low

Accountability

Action Planning Option

Office of CEO

Manage

 

Risk Title

Risk Rating

Financial Management

Low

Accountability

Action Planning Option

Office of CEO

Manage

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

Policy Implications

The Donations, Sponsorships and Waiver of Fees and Charges Policy specifies that the criteria, in part, for sponsorships includes:

·          Promotes the City of Wanneroo’s mission and objectives;

·          Significant benefits to the Wanneroo community;

·          Not-for-profit or non-government organisations.

As The Marina, Mindarie is neither a not-for-profit nor a non-government organisation the application is being referred to Council in accordance with the Policy that provides that if a sponsorship does not meet the evaluation criteria but is assessed by Administration as a case warranting further consideration, it will be forwarded to Council for determination.   

Further, the Policy indicates that Council must determine sponsorship applications over $500.

Financial Implications

The Marina, Mindarie is seeking from the City a three year sponsorship arrangement, totalling $60,000 to support the Mindarie Festival (November) and Toast to the Coast (April).  If this is supported, an allocation of $20,000 per annum will need to be considered as part of the City’s budget preparation process for the 2019/20, 2020/21 and 2021/22 financial years.

Voting Requirement

Simple Majority

 

Recommendation

That Council APPROVES the Marina, Mindarie three year sponsorship request 2019-2021, totalling $60,000 to contribute to the Mindarie Festival (November) and Toast to the Coast (April) as per Attachment 1, subject to negotiations with The Marina, Mindarie to ensure the City receives maximum exposure at the festivals.

 

Attachments:

1.

A TOAST TO THE COAST SPONSORSHIP PROPOSAL

18/248076

Minuted

  


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Community Services

3.19  Review of the Multicultural Advisory Group Terms of Reference

File Ref:                                              28569 – 18/459576

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

Issue

To consider the revised Terms of Reference (TOR) for the Multicultural Advisory Group (MAG).

Background

The purpose of the MAG is to provide a strong link between the City of Wanneroo (the City) and its culturally and linguistically diverse (CaLD) community by supporting the development and implementation of the Access and Inclusion Plan (AIP).

The current TOR (Attachment 1) states that membership shall consist of the following representation:

·        The Mayor (or nominee) and up to one Councillor per Ward appointed by Council;

o   A maximum of eight external representatives, consisting of Cultural and Linguistically Diverse (CaLD) community leaders representing individuals who differ according to religion, race, language and ethnicity; and

o   Agencies/organisations that support CALD community members.

The membership limitations outlined in the TOR prevents the group from being able to represent the diversity of the Wanneroo community and MAG members have requested for this to be reviewed.

Detail

In the MAG meeting held on 27 June 2018 the group provided feedback that the TOR do not allow its membership base to truly represent the diversity of the Wanneroo community. The TOR limits the numbers to eight community members, which does not allow for all culturally and linguistically diverse community organisations to be represented.

The MAG requested for the TOR to be reviewed with the below recommendations to be reflected:

·          Increase the membership number;

·          Emphasis to be made on the commitment of members by including ‘where members are absent from three meetings in a row their membership will be reviewed’; and

·          Membership of Mayor and one Councillor per Ward to be changed to - Mayor and up to three Elected Members.

Further to this, the MAG provided the following additional recommendations in the meeting held on 12 September 2018:

·          Item 4 of the TOR be amended to include a statement ‘members should make every effort to attend scheduled meetings, however should circumstance prevent attendance the availability of conference calling can be made available (upon request)’;

·          Item 3.1.b of the current TOR to remain with the inclusion of ‘maximum number of representatives to be at the discretion of the Community and Place Director’; and

·          TOR to ensure members are not required to represent a community organisation.

A new version of the TOR has been developed incorporating the majority of the amendments requested by the MAG (Attachment 2).

Further minor amendments have been made to the TOR (see Attachment 3) by Administration. These changes ensure the group’s functions are simple, concise and avoid any duplication.

In addition to this, it has been identified that representation of Elected Members on the MAG is not in keeping with the TOR, in that the TOR states that membership shall consist of the Mayor (or nominee) and one Councillor per ward. Currently not all wards are represented by an Elected Member, therefore it is suggested that current Elected Members serving on the MAG relinquish their role and new nominations are sought for Council representation in accordance with the revised TOR.

Consultation

The Multicultural Advisory Group reviewed the TOR and provided feedback.

Comment

For ease of reference (Attachment 3) provides for tracked changes on the original TOR as a means of comparison.

Statutory Compliance

Nil

Strategic Implications

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

 “1     Society

1.4    Connected Communities

1.4.1  Connect communities through engagement and involvement

Risk Management Considerations

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

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the revised Multicultural Advisory Group Terms of Reference as per Attachment 2;

2.       In accordance with the revised Terms of Reference for the Multicultural Advisory Group, APPOINTS the Mayor (or nominee) and:

          Cr _______________ (South Ward)

          Cr _______________ (Central Ward)

          Cr _______________ (North Coast Ward).

 

 

Attachments:

1.

Multicultural Advisory Group - Terms of Reference

16/379783

 

2.

Revised Terms of Reference - Multicultural Advisory Group - DRAFT

18/282687

 

3.

Multicultural Advisory Group Terms of Reference - Track Changes

18/435310

 

  


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Corporate Strategy & Performance

Business & Finance

3.20  Financial Activity Statement for the Period Ended 30 September 2018

File Ref:                                              30723V06 – 18/428255

Responsible Officer:                           A/Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       6         

Issue

To consider the Financial Activity Statement for the period ended 30 September 2018.

Background

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

1.       Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature and type, by program, or by business unit. For the 2018/19 financial year the statement of financial activity will be presented by nature and type.

2.       Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2018/19 financial year 10% and a value greater than $100,000 will be used for the reporting of variances.

Detail

Summary

OVERALL SUMMARY OF CURRENT MONTH FINANCIAL FIGURES

Result from Operations


 

Capital Program

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

Result from Operations

Capital Program Progress

Investment Portfolio Performance

DETAILED ANALYSIS OF STATEMENT OF COMPREHENSIVE INCOME (ATTACHMENT 1)

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

a)         Current month comparison of Actuals to Budgets, and

b)         Period to date and end of year comparison of Actuals to Budgets.

Total Comprehensive Income

Revenues

Note 1        The unfavourable variance is due to interim Rates not being received in September 2018. This Income has been equally budgeted throughout the financial year whereas the majority of Interim Rates notices will be issued in October and December.

Note 2        The unfavourable variance relates to the delay of quarterly contributions from the Department of Fire and Emergency Services (DFES) 2018/19 Grant funds ($87k).

Note 3        The unfavourable result is mainly due to the lower than expected annual Waste Fee Income for the month of September 2018 by $82k.  In addition a further $43k was due to less membership in Aquamotion Swimming Pool than anticipated because of current renovation which also adversely affected Entry Fee income.

Expenses

Note 4        Wages and salaries were $749k lower than budget given fewer actual working days.

Note 5        The favourable variance ($555k) is mainly a result of lower requirement of consultancy & external contract works than budgeted. These requirements include Aquatic Facility works which are due to begin from November 2018.

Note 6        A favourable variance through reductions in electricity usage ($66k) relating to street lighting and savings generated by the short message service (SMS) driven flood lighting system.

Note 7        Interest expenses comprise the WA Treasury Corporation loan drawn in 2006/07 and the Commonwealth Bank loan drawn in 2016/17.

Note 8        The favourable result reflects improved claims.

Other Revenue & Expenses

Note 9        Non-Operating Grants, Subsidies & Contributions

Month - (Actual $1.5m, Revised Budget $716k)

The favourable variance relates to the receipt of $669k direct Grants from Main Road relating to road improvement projects which were budgeted for July and August 2018, in addition to early receipt of $200k from Lottery West for Park Structures.

Year to Date – (Actual $2.2m, Revised Budget $4.6m)

The unfavourable variance relates to the delay in receipting $2.0m of the Metropolitan Regional Road Group (MRRG) Grant relating to road improvement projects. The City has finalised the extension of the agreement for this Grant with the State Government and is now expecting to receive funds in October 2018.

 Note 10     Contributed Physical Assets

                   Month – (Actual $0.0m, Revised Budget $10.0m)

The unfavourable variance relates to the recognition of contributed assets as the Budget was allocated quarterly and actual recognition is recorded on an ad hoc basis (As and when assets are handed over to the City).             

Year to Date – (Actual $0.0m, Revised Budget $10.0m)

The unfavourable variance relates to the recognition of contributed assets as the Budget was allocated quarterly and actual recognition is recorded on an ad hoc basis (As and when assets are handed over to the City).

 Note 11     Profit / Loss on Asset Disposals

Month - (Actual $278k, Revised Budget $97k)

The favourable variance in September 2018 is due to accrued profits of $277k on Tamala Park Regional Council (TPRC) Land sales.

Year to Date – (Actual $330k, Revised Budget $292k)

Overall favourable outcome is due to above TPRC accrued profits adjustment in month of September 2018.

Note 12      Town Planning Scheme (TPS) Revenues

Month - (Actual $375k, Revised Budget $837k)

Budgeted contributions from developers in Alkimos/Eglington for September 2018 were receipted in July and August 2018.

Year to Date – (Actual $1.6m, Revised Budget $1.4m)

Town Planning Scheme income is higher than Budgeted. This is a result of unpaid invoices of Developers’ Contributions relating to the 2017/18 financial year now being paid and recognised on a cash basis.

Note 13      Town Planning Scheme (TPS) Expenses

Month - (Actual $145k, Revised Budget $27k)

Legal fees were expected to be incurred in August 2018 ($117k) relating to Cell 8 and Cell 9 but have actually been incurred in September 2018.

Year to Date – (Actual $127k, Revised Budget $551k)

Legal fees processed in September 2018 were not enough to cover favourable adjustment ($500k) made in August 2018 funds transferred to Cash Backed Reserves. (This is through the City receiving the final portion of a grant in the current financial year to offset expenditure relating to 2017/18 DCP works). The favourable adjustment has been utilised to account for expenses paid by the City on behalf of DCP in 2017/18.


STATEMENT OF FINANCIAL POSITION (Attachment 2)

Note 1 - Net Current Assets

When compared to the opening position Net Current Assets have increased by $127.8m which is predominately the impact of Rates and Waste Service Fees have been levied in July 2018.

Within the Current Assets, the Current Receivables are mainly comprised of collectable Rates and Waste Service Fees debtors of $88.5m. The majority of the remaining Current Receivables relates to Emergency Services Levy collections of $3.8m.

Note 2 - Non-Current Assets

Non-Current Assets in September 2018 have decreased by $1.5m from June 2018 actuals (Estimated). The movement is the recognition of $10.0m accumulated depreciation being offset by an increase of $8.5m in capital related works in progress.

Within the Non-Current Assets, Receivables largely relate to Deferred Pensioner Rebates of $3.0m being funds that cannot be collected until the Pensioner ceases to reside at the Rateable property.

Note 3 - Non-Current Liabilities

Non-Current Liabilities at September 2018 have increased by $80k attributed to changes in provision balances relating to long service leave. The existing loan with the Western Australia Treasury Corporation remains unchanged and when combined with the new loan makes up 98% of total Non-Current Liabilities.

FINANCIAL PERFORMANCE INDICATORS

The table below presents data on relevant financial ratios, comparing the minimum standard expected as per the Department of Local Government, Sport & Cultural Industries status at the beginning of the financial year, and year to date figures (where relevant). 

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

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

A green highlight is used where the minimum standard is met or exceeded.


CAPITAL PROGRAM

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

As at 30 September 2018 the City has spent $8.6m, which represents 10% of the $84.1m budget. The City had $13.6m of committed expenditure as at the end of September. The combined actual spend and commitments total $22.2m or 26.4% of the annual budget.

During the calendar month of September 2018 $3.4m was spent. Details of significant Actual expenditure for the month of September are included in Attachment 3.

To further expand on the Capital Works Program information above, updates in key capital projects are selected to be specifically reported on, is provided in the Top Capital Projects attachment to this report (Attachment 4).

Capital Changes

The following changes are proposed to be made to the 2018/19 Capital Works budget.

PR-4155 Wanneroo Showgrounds/Kingsway RSC – Electronic scoreboards installation. Kingsway Baseball Club has contributed $12,700 towards the installation of their scoreboard, increasing the total project Budget to $80,547 (Being a budget of $67,847 funded by Municipal funds and $12,700 Club contribution).

PR-3054 Mainline sewer connection for Marangaroo/Carramar Golf Courses (+$185k), the provision of grease traps as part of these works requires additional funding to enable completion. These works are necessary to fully complete the sewer installation works currently in progress at these locations. Tee and green upgrade works at both golf courses (from PR-1040 Marangaroo Golf Course - $45k and PR-1041 Carramar Golf Course - $140k) have been scaled back allowing for a transfer of funds to the sewer project.

PR-4170 Royal James Park Jindalee – Install limestone track.  An additional $20k is required to complete the track with the following additional works needed:

·          Relocation of Western Power mini-pillar.

·          Increase in track length due to change of alignment (additional labour & materials).

·          Requirement for the installation of a concrete crossover in Royal James Ct due to shallow services.

Savings have been sourced from PR-2088 Badgerup Reserve Wanneroo – Renew site for environmental offset, resulting in no overall impact to the budget.

PR-4067 Sovereign Drive, Two Rocks – Renew foreshore and dune environment. An additional $5k is required to complete the works, with some further revegetation works (spinifex seed) needed. Savings have been sourced from PR-2088 Badgerup Reserve Wanneroo – Renew site for environmental offset, resulting in no overall impact to the budget.

INVESTMENT PORTFOLIO (Attachment 5)

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

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

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

As at the end of September 2018, the City holds an investment portfolio (cash & cash equivalents) of $432.0m (Face Value), equating to $436.3m inclusive of accrued interest.  The City’s year to date investment portfolio return has exceeded the Bank Bill index benchmark by 0.81% pa (2.72% pa vs. 1.87% pa), however it is noted that Interest Earnings were budgeted at a 2.50% yield.

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

RATE SETTING STATEMENT (Attachment 6)

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

Consultation

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

Comment

The budget figures within this report incorporate approved budget amendments.

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

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

·          Green >+10%,

·          Orange <+/-10%, and

·          Red >-10%.

Statutory Compliance

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

Strategic Implications

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

 “4     Civic Leadership

4.2    Good Governance

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

Risk Management Considerations

Risk Title

Risk Rating

Financial Management

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

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

Policy Implications

·          Accounting Policy;

·          Strategic Budget Policy; and

·          Investment Policy.

Financial Implications

As outlined above and detailed in Attachments 1 – 5

Voting Requirement

Absolute Majority

 

Recommendation

That Council:-

1.      RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 30 September 2018, consisting of:

          a)      September 2018 YTD Actuals;

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

          c)      September 2018 YTD Material Financial Variance Notes

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

Number

From

To

Amount

Description

A

Contribution from the Kingsway Baseball Club

PR-4155

$12.7k

Electronic scoreboards installation

B

PR-1040

PR-3054

$45k

Mainline sewer connection for Marangaroo/Carramar Golf Courses

B

PR-1041

PR-3054

$140k

Mainline sewer connection for Marangaroo/Carramar Golf Courses

C

PR-2088

PR-4170

$20k

Complete the track, with some additional works needed

D

PR-2088

PR-4067

 $5k

Renew site for environmental offset

 

Attachments:

1.

Statement of Comprehensive Income August 2018

18/431904

Minuted

2.

Statement of Financial Position September 2018

18/439424

Minuted

3.

Significant Capital Expenditure September 2018

18/470622

 

4.

Top Projects - September 2018

16/151914[v30]

Minuted

5.

Investment Report September 2018

18/431921

Minuted

6.

Rate Setting Statement September 2018

18/439437

Minuted

 

 

 


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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       387

 

Property Services

3.21  Proposed Closure of a portion of un-named and unconstructed road reserve adjacent to Lot 4 (175) Badgerup Road, Wanneroo

File Ref:                                              33318 – 18/401894

Responsible Officer:                           A/Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the permanent closure of a portion of unnamed road reserve adjacent to the western boundary of Lot 4 (175) Badgerup Road, Wanneroo, measuring approximately 2,850m2 (subject to survey).

Background

The unnamed road reserve adjacent to Lot 4 (175) Badgerup Road, Wanneroo is unconstructed and extends from Badgerup Road to the south to another unnamed and unconstructed road reserve abutting the western boundary of Lot 4. 

The abutting landowner, Mr Geoff Simpson (the Landowner), contacted the City in December 2017 requesting the closure and acquisition of a portion of the above described road reserve as shown bordered red on Attachment 1

Detail

The road reserve in question is a 20-metre wide unmade and unnamed road reserve connecting Benmuni Road to the west and Badgerup Road to the east, and Wanneroo Road to the west and east.   It is approximately 140 metres in length and runs north-south in direction.  

The portion of road reserve which is the subject of this report, is flanked by Lot 4 (159) Badgerup Road and the Landowner’s property at Lot 4 (175) Badgerup Road, and has an area of approximately 2,850m2(subject to survey).

In the Western Australian Planning Commission’s North-West Sub-regional Planning Framework, 159 and 175 Badgerup Road are earmarked for Open Space Investigation i.e. land that may be suitable for open space and urban expansion respectively.  In other words, 159 Badgerup Road may not have future development potential but 175 Badgerup may have.  Therefore, closing the subject road reserve should not have an impact on 159 Badgerup Road as it can continue to enjoy its current access of Badgerup Road. 

The Landowner is proposing to acquire the subject road reserve from the Crown to amalgamate with their existing property Lot 9043 (148) Badgerup Road, Gnangara.  All costs will be paid by the landowner. 

Consultation

In accordance with Section 58 of the Land Administration Act 1997 (the LAA), a local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication of the proposed closure in a newspaper circulating in its district and the local government has considered any objections made within that period.

Initial consultation was carried out between 20 June 2018 and 19 September 2018 by way of letters to relevant government agencies.  The City received five (5) responses from servicing authorities and government agencies (including Western Power, ATCO Gas, Water Corporation, Telstra and Department of Planning, Lands and Heritage). No objections or concerns were raised.  Refer Attachment 2 for a summary of the responses received.

Subject to Council’s support, the formal Public Consultation period prescribed in Section 58 of the LAA will commence via newspaper advertisements and on the City’s website for a period of 35 days.

Comment

The road reserve does not provide any benefit to property access or traffic flow, and will not provide any such benefit in the future.  This road reserve is therefore considered by Administration to be redundant.

Administration supports the application of the Landowner to purchase the portion of the subject road reserve as per Attachment 1.   The Landowner will be made aware of his obligation to seek appropriate approvals for any changes to use or future development of the subject road reserve site. 

Statutory Compliance

The Council must comply with section 58 of the LAA and regulation 9 of the Land Administration Regulations 1998, dealing with public advertising, objections and service agency responses to the proposed road closure and must formally resolve to ‘close the road’, prior to advising the Department of Planning, Lands and Heritage and requesting the Minister of Lands to consider the closure.

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

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

Risk Management Considerations

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

Policy Implications

Land disposal will be managed in accordance with the City’s Strategic Land Use Policy. 

Financial Implications

The Landowner will be responsible for all costs related to purchase of the subject road reserve including advertising.  

Voting Requirements

Simple Majority


 

Recommendation

That Council:-

1.       SUPPORTS the closure of that portion of the unnamed and unconstructed road reserve adjacent to Lot 4 (175) Badgerup Road, Wanneroo as shown on Attachment 1;

2.       AUTHORISES Administration to commence public consultation as prescribed by Section 58 of the Land Administration Act 1997

3.       NOTES that if submissions are received a further report will be presented to Council.

4.       If no submissions are received from the public consultation, pursuant to Section 58 of the Land Administration Act 1997 AUTHORISES a request be made to the Minister for Lands for the permanent closure of the unnamed and unconstructed road reserve adjacent to Lot 4 (175) Badgerup Road, Wanneroo as shown in Attachment 1.

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

 

Attachments:

1.

Attachment 1 2018-06 Lot 4 (175) Badgerup - Road Closure Plan

18/243676

Minuted

2.

Attachment 2 Response from Consultation Proposed Closed Road adjacent Lot 4 (175) Badgerup Road Gnangara

18/399962

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   390

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                      391

Response from Consultation Proposed Closed Road adjacent Lot 4 (175) Badgerup Road Gnangara

Respondent

TRIM – Request for comment

TRIM – Response from Respondent

Response

Administration Comments

Telstra

18/248684

18/400429

18/400538

No Objections.

Response through DBYD.

 

ATCO Gas

18/248704

 

18/400534

No direct response.

No objections - ATCO Gas does not operate any mains in the road. Response through DBYD.

 

Western Power

18/248721

18/280028

 

 

 

 

18/400526

No objection at this time to the above proposal, however they would appreciate being kept informed of developments.

Response through DBYD.

Powerlines located in northern section of road reserve may require relocating or an easement.

Water Corporation

18/248708

 

18/400545

No direct response.

Response through DBYD.

 

No infrastructure in the road reserve.

Planning Division (DPLH)

18/248601

18/444443

 

The southern section of proposed closed road to be amalgamated with the POS should match ALSP 7.

Boundary of southern section of proposed closed road amended to the elongation of the southern boundary of Bakana Loop.

Lands Division (DPLH)

18/406560

 

No response.

 

Approval Serves

18/249040

18/258446

No objection.

Portion of the northern section of the road reserve will need to be rezoned to R40 by the proponent.

Land Development

18/249040

18/406914

No objection.

 

Infrastructure Assets

18/249040

18/401277

No objection.

 

Traffic & Transport

18/249040

 

No response

 

Ms Tenille Hall (adjoining landowner Lot 3)

18/

 

 

 

Marisah Tahir (adjoining landowner Lot 4)

118/

 

 

 

Sean Fitzmaurice (adjoining landowner Lot 5)

18/

 

 

 

Aiden Fitzmaurice (adjoining landowner Lot 6)

18/

 

 

 

Emma Cook (adjoining landowner Lot 7)

18/

 

 

 

18/3999962


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       392

3.22  Proposed Closure of an un-named and unconstructed road reserve adjacent to Lot 9043 (148) Badgerup Road, Gnangara

File Ref:                                              33318 – 18/408578

Responsible Officer:                           A/Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the permanent closure of the unnamed and unconstructed road reserve adjacent to Lot 9043 (148) Badgerup Road, Gnangara, measuring approximately 3,200m2 (subject to survey).

Background

The unnamed and unconstructed road reserve runs adjacent to the northwest boundary of Lot 9043 (148) Badgerup Road, Gnangara and abuts Lot 3 (149) Badgerup Road, Wanneroo.  

The City has received a request from the adjoining owner of Lot 9403 (148) Badgerup Road, Mr Serugasana, a representative of SDSBV Pty Ltd ATF SDSBC Unit Trust  (the Landowner) requesting the closure and acquisition of the above described road reserve as shown bordered red on Attachment 1

Detail

The road reserve in question is an unmade and unnamed road reserve connecting Ocean Reef Road to the south, to Badgerup Road in the northeast.  Its total area is approximately 3,200m2 (subject to survey). 

Although the subject road reserve was previously used as a thoroughfare, the realignment of Badgerup Road in recent years was constructed to allow for a right-angle intersection with Ocean Reef Road.  It should be noted that the works to realign Badgerup Road included resurfacing the road and construction of a cul-de-sac head in the subject road reserve.  

Whilst the subject road reserve abuts both the Landowner’s property and Lot 3 (149) Badgerup Road, Gnangara, the primary access to Lot 3 (149) Badgerup Road (the adjoining land to the northwest) is to the north of the subject road reserve.  Therefore closing the road reserve will not impede on access.   However consultation has taken place with the owner of Lot 3 Badgerup Road, RLM Investments (WA) Pty Ltd (RLM), where it was confirmed that there was no objection to closure of the road reserve.  RLM also expressed interest in purchasing a portion of the road reserve and it has since been agreed between RLM and the Landowner that each party will purchase a portion of the road reserve.     

The Landowner and RLM are proposing to each acquire a half width of the subject road reserve from the Crown to amalgamate with their existing properties.  In this instance all costs will be paid equally by the Landowner and RLM. 

Consultation

In accordance with Section 58 of the Land Administration Act 1997 (the LAA), a local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication of the proposed closure in a newspaper circulating in its district and the local government has considered any objections made within that period.

Initial consultation was carried out between 18 March 2018 and 19 September 2018 by way of letters to relevant government agencies.  The City received five (5) responses from servicing authorities and government agencies (including Dial Before You Dig, Western Power, ATCO Gas, Water Corporation, Telstra and Department of Planning, Lands and Heritage). No objections or concerns were raised.  Refer Attachment 2 for a summary of the responses received.

Subject to Council’s support, the formal Public Consultation period prescribed in Section 58 of the LAA will be commenced via newspaper advertisements and on the City’s website for a period of 35 days.

Comment

Given the current configuration of Ocean Reef Road, the width of the Badgerup Road reserve at the Ocean Reef Road intersection, and the orientation and position of the subject road reserve, the subject road reserve does not provide any benefit to property access or traffic flow, and will not provide any such benefit in the future. 

Additionally Administration confirms that there is no requirement for the resurfaced portion of the subject road reserve or cul-de-sac turning circle.  This road reserve is therefore considered by Administration to be redundant. 

Administration supports the application of the Landowner and RLM to each purchase a half width of the subject road reserve shown in Attachment 1.  The Landowner and RLM will be made aware of their obligations to seek appropriate approvals for any changes to use or future development of the subject road reserve site.  

Statutory Compliance

The Council must comply with section 58 of the LAA and regulation 9 of the Land Administration Regulations 1998, dealing with public advertising, objections and service agency responses to the proposed road closure and must formally resolve to ‘close the road’, prior to advising the Department of Planning, Lands and Heritage and requesting the Minister of Lands to consider the closure.

 

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

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

 

Risk Management Considerations

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

Policy Implications

Land disposal will be managed in accordance with the City’s Strategic Land Use Policy. 

Financial Implications

The Landowner and RLM will be responsible for all costs related to purchase of the subject road reserve including advertising. 

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       SUPPORTS the closure of that portion of the unnamed and unconstructed road reserve adjacent to Lot 9043 (148) Badgerup Road, Gnangara as shown on Attachment 1;

2.       AUTHORISES Administration to commence public consultation as prescribed by Section 58 of the Land Administration Act 1997. 

3.       NOTES that if submissions are received a further report will be presented to Council.

4.       If no submissions are received from the public consultation, pursuant to Section 58 of the Land Administration Act 1997 AUTHORISES a request be made to the Minister for Lands for the permanent closure of the unnamed and unconstructed road reserve adjacent to Lot 9043 (148) Badgerup Road, Gnangara as shown in Attachment 1.

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

 

 

Attachments:

1.

Attachment 1 Plan Proposed Road Closure Lot 9043 Badgerup Road

18/94609

Minuted

2.

Attachment 2 Response from Consultation Lot 9043 Badgerup Road

18/395780

Minuted

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       395

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                      396

Response from Consultation Proposed Closed Road adjacent Lot 9043 (148) Badgerup Road Gnangara

Respondent

TRIM – Request for comment

TRIM – Response from Respondent

Response

Administration Comments

Telstra

18/94895

18/233112

 

 

18/233175

No objection.

 

 

DBYD response.

Plans show dead Telstra cable within proposed closed road.

 

ATCO Gas

18/94963

18/36824

No objection.

Plans show not pipes in road reserve.

Western Power

18/94978

18/395721

 

 

 

 

 

 

18/393979

No objection at this time to the proposal, however they would appreciate being kept informed of developments.

 

 

 

DBYD response.

Plans show high voltage powerline (small section at Ocean Reef Road end underground) along eastern side of proposed closed road.  To be relocated or an easement.

Water Corporation

18/94984

18/36840

No objection.

Critical pipeline in the vicinity.

Pipeline is on the eastern side of the new deviated Badgerup Road not in the portion proposed to be closed

Planning Division (DPLH)

18/95306

 

No Response.

 

Lands Division (DPLH)

18/95316

18/233146 & 18/233152

Consultation with the owner of the adjoining Lot 3 is to occur to determine if they are interested in acquiring half the width of the road.

Also to consult to ensure they are happy with the access to Lot 3.

Owner of the adjoining Lot 3 was contacted and advised they were interested in acquiring half of the road width.  Also advised they were happy with the access to Lot 3.

Planning Implementation

18/93730

18/233156

There is a disused gate in the boundary fence of Lot 3.  Consultation with owner of Lot 3 required to ascertain if they still require this access.

A cul-de-sac head has been constructed in the road reserve – Determine why this was constructed.

Consulted with owner of Lot 3 who did not have an objection to losing the gate as he has interested in acquiring half the width of the road.

Infrastructure Assets have no objection to the closing of the road and loss of the cul-de-sac head.

Land Development

18/93730

 

No Response.

 

Infrastructure Assets

18/93730

18/394683

No objections.

 

Traffic & Transport

18/93730

 

No Response.

 

RLM Investments (adjoining landowner)

18/100000

18/233169

Advised they were interested in acquiring half the road width.

Owner of Lot 9043 advised of interest from other adjoining owner.

19/395780


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       397

3.23  Proposed closure of a portion of an un-named and unconstructed road reserve adjacent to the western boundary of Lot 201 (42) Pollino Gardens, Landsdale. 

File Ref:                                              33317 – 18/408918

Responsible Officer:                           A/Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the permanent closure of a portion of unnamed and unconstructed road reserve adjacent to the western boundary of Lot 201 (42) Pollino Gardens, Landsdale.

 

Background

The unnamed road reserve adjacent to the western boundary of Lot 201 (42) Pollino Gardens, Landsdale is unconstructed and extends from Pollino Gardens to the south, to Gnangara Road to the north.  

The City received a request from the owner of Lot 201 (42) Pollino Gardens, Landsdale, V V Nominees Pty Ltd (the Landowner), requesting the acquisition a portion of the adjacent unnamed and unconstructed road reserve abutting the western boundary as shown on Attachment 1. 

Detail

The road reserve in question is unmade and extends from Pollino Gardens in the south to Gnangara Road to the north.  Under Agreed Structure Plan No. 7 (ASP7) only a small section of this road reserve is retained as road.  The section of the road that the Landowner is interested in acquiring is the small section to the north that is designated R40 under the ASP7.  This area is hachured in red (Attachment 1 refers) and has an area of 1041m2 (subject to survey).

The Landowner is proposing to acquire this portion of the road reserve from the Crown to amalgamate with their existing property Lot 201 (42) Pollino Gardens, Landsdale.  All costs will be paid by the Landowner. 

A larger southern section of the road is designated as Public Open Space (POS) under ASP7, as is a portion of Lot 201 to the east of the road.  The City also proposes this section of the road be closed and amalgamated into the adjoining Reserve 52405 that is under the City’s management for the purpose of Public Recreation.  The area proposed to be amalgamated with Reserve 52405 is also hachured red on Attachment 1 and has an area is approximately 1,700m2, subject to survey.  This reserve would form part of the proposed POS 5A in ASP 7 with a total area of approximately 6,888m2.

The Western Australian Planning Commission subdivision approval number 154343 dated 7 March 2017 requires the creation of 3,917m2 POS on Lot 201 Pollino Gardens as per the POS schedule of ASP 7. This POS area is not yet created.

The proposed amalgamation of 1,700m2 of the subject road reserve with Reserve 52405 together with the abovementioned 3,917m2 POS area will create POS 5A 6,892m2 in area, which is more than 6,888m2 indicated in the POS schedule.

Consultation

In accordance with Section 58 of the Land Administration Act 1997 (the LAA), a local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication of the proposed closure in a newspaper circulating in its district and the local government has considered any objections made within that period.

Initial consultation was carried out between 20 June 2018 and 20 September 2018 by way of letters to relevant government agencies.  The City received five (5) responses from servicing authorities and government agencies (including Western Power, ATCO Gas, Water Corporation, Telstra and Department of Planning, Lands and Heritage). No objections or concerns were raised.  Refer Attachment 2 for a summary of the responses received.

Subject to Council’s support, the formal Public Consultation period prescribed in Section 58 of the LAA will be commenced via newspaper advertisements and on the City’s website for a period of 35 days.

Comment

The unconstructed portion of the road reserve does not provide any benefit to property access or traffic flow, and will not provide any such benefit in the future.  This road reserve is therefore considered by Administration to be redundant.   

Administration supports the application of the Landowner to purchase the northern portion of the subject road reserve as per Attachment 1.  The Landowner will be made aware of his obligation to seek appropriate approvals for any changes to use or future development of the subject road reserve site. 

The proposed amalgamation of the 1,700m2 southern portion of unconstructed road reserve with Reserve 52405 will create POS 5A totalling 6,892m2 which slightly exceeds the 6,888m2 indicated in the POS schedule.  On this basis, Administration supports the amalgamation of the southern portion of road reserve with Reserve 52405.   

Statutory Compliance

The City must comply with section 58 of the LAA and regulation 9 of the Land Administration Regulations 1998, dealing with public advertising, objections and service agency responses to the proposed road closure and must formally resolve to ‘close the road’, prior to advising the Department of Planning, Lands and Heritage and requesting the Minister of Lands to consider the closure.

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

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

Risk Management Considerations

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

Policy Implications

Land disposal will be managed in accordance with the City’s Strategic Land Use Policy. 

Financial Implications

The Landowner will be responsible for all costs related to purchase of the northern portion of the subject road reserve including advertising.  

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       SUPPORTS the closure of that portion of the unnamed and unconstructed road reserve adjacent to Lot 201 (42) Pollino Gardens, Landsdale as shown on Attachment 1 (subject to survey);

2.       SUPPORTS the amalgamation of the southern portion of the unnamed and unconstructed road reserve adjacent to Lot 201 (42) Pollino Gardens, Landsdale, measuring approximately 1,275m2 (subject to survey) with Reserve 52405. 

3.       AUTHORISES Administration to commence public consultation as prescribed by Section 58 of the Land Administration Act 1997

4.       NOTES that if submissions are received a further report will be presented to Council.

5.       If no submissions are received from the public consultation, pursuant to Section 58 of the Land Administration Act 1997 AUTHORISES a request be made to the Minister for Lands for the permanent closure of the unnamed and unconstructed road reserve adjacent to Lot 201 (42) Pollino Gardens, Landsdale as shown in Attachment 1.

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

 

 

Attachments:

1.

Attachment 1   Amended Plan - 2018-09 Lot 201 Pollino Gdns Landsdale - Proposed Road Closure.pdf

18/406503

Minuted

2.

Attachment 2  Response from Consultation Proposed Closed Road adjacent Lot 201 (42) Pollino Gardens Landsdale

18/408931

Minuted

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   400

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                      401

Response from Consultation Proposed Closed Road adjacent Lot 201 (42) Pollino Gardens, Landsdale.

Respondent

TRIM – Request for comment

TRIM – Response from Respondent

Response

Administration Comments

Telstra

18/248684

18/400429

18/400538

No Objections.

Response through DBYD.

 

ATCO Gas

18/248704

 

18/400534

No direct response.

No objections - ATCO Gas does not operate any mains in the road. Response through DBYD.

 

Western Power

18/248721

18/280028

 

 

 

 

18/400526

No objection at this time to the above proposal, however they would appreciate being kept informed of developments.

Response through DBYD.

Powerlines located in northern section of road reserve may require relocating or an easement.

Water Corporation

18/248708

 

18/400545

No direct response.

Response through DBYD.

 

No infrastructure in the road reserve.

Planning Division (DPLH)

18/248601

18/444443

 

The southern section of proposed closed road to be amalgamated with the POS should match ALSP 7.

Boundary of southern section of proposed closed road amended to the elongation of the southern boundary of Bakana Loop.

Lands Division (DPLH)

18/406560

 

No response.

 

Approval Serves

18/249040

18/258446

No objection.

Portion of the northern section of the road reserve will need to be rezoned to R40 by the proponent.

Land Development

18/249040

18/406914

No objection.

 

Infrastructure Assets

18/249040

18/401277

No objection.

 

Traffic & Transport

18/249040

 

No response

 

Ms Tenille Hall (adjoining landowner Lot 3)

18/411042

 

 

 

Marisah Tahir (adjoining landowner Lot 4)

118/411056

 

 

 

Sean Fitzmaurice (adjoining landowner Lot 5)

18/411103

 

 

 

Aiden Fitzmaurice (adjoining landowner Lot 6)

18/411108

 

 

 

Emma Cook (adjoining landowner Lot 7)

18/411082

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       402

3.24  Proposed Excision and Purchase of Portion of Lot 501, Crown Reserve 45553 Hidden Valley Retreat, Clarkson to be On-Sold to Western Power.

File Ref:                                              7410 – 18/422660

Responsible Officer:                           A/Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2  

Previous Items:                                   CB01-02/15 - Proposed Deed of Agreement in relation to Lot 501, Reserve 45553, Hidden Valley Retreat, Clarkson and proposed Deed of Easement in relation to Lot 608 (24K) Hidden Valley Retreat, Clarkson - Ordinary Council - 03 Feb 2015 7.00pm

                                                            CB06-11/12 - Proposed Excision and Purchase of a portion of Crown Reserve 45553, Hidden Valley Park, Clarkson - Ordinary Council - 13 Nov 2012 7.00pm      

Issue

To consider the approval of unbudgeted expenditure of approximately $105,000 (exclusive of GST) pursuant to section 6.8(1)(b) of the Local Government Act 1995, to facilitate the excision, purchase and relocation of infrastructure for the extension and upgrade of Western Power’s (WP) Clarkson Substation.

Background

Western Power/Public Transport Authority Proposed Purchase

In 2011 WP approached the City regarding their requirement to acquire a 945m2 portion of Lot 501, (10) Hidden Valley Retreat, Clarkson, (Reserve 45553) (Attachment 1 refers; note the area has now been surveyed at 924m2) to extend their Clarkson Substation on the adjoining Lot 476 (24) Hidden Valley Retreat, Clarkson to provide a 132kV traction supply for the northern rail extension to Yanchep.

Council at its Ordinary Meeting of 13 November 2012 (CB06-11/12) resolved the following:

“That Council: -

1.         NOTES that under Sections 28 & 49 of the Energy Operators (Powers) Act 1979 Western Power Corporation may issue a Notice of Entry on the 945m2 portion of Crown Reserve 45553 to commence civil works for the electrification of the railway to Butler;

2.         APPROVES the ENTERING into a conditional contract of sale of land with Western Power Corporation for the purchase of a 945m2 portion (subject to survey) of Crown Reserve 45553, Hidden Valley Park, 10 Hidden Valley Retreat, Clarkson at market value determined by the Valuer General plus GST if applicable;

3.         APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of approximately $7,700 including GST pursuant to Section 6.8(b) of the Local Government Act 1995;

4.         AUTHORISES the Chief Executive Officer to publish a local public notice of the City of Wanneroo's intention to enter into a conditional contract of sale with Western Power Corporation subject to the requirements of Section 152 of the Planning and Development Act 2005 Department of Regional Development and Lands Guidelines and Section 3.58(3) of the Local Government Act 1995;

5.         AUTHORISES the affixing of the Common Seal of the City of Wanneroo, and execute a conditional contract of sale of land between the City and Western Power Corporation;

6.         SUBJECT to Western Power Corporation entering into a conditional contract of sale of land with the City of Wanneroo, AUTHORISES the excision and purchase of a 945m2 portion (subject to survey) of Crown Reserve 45553, Hidden Valley Park, 10 Hidden Valley Retreat, Clarkson at 5% unimproved market value determined by the Valuer General plus GST if applicable; and

7.         NOTES a further report will be presented to Council with any submissions to the advertisements for the excision, purchase and disposal of the portion of Crown Reserve 45553 and detailing the negotiated sale of the 945m2 portion of Hidden Valley Park.”

As per Council resolution 4, Administration arranged for the publication of public notices, the details of which are outlined in the 'Consultation' section of this report. No submissions were received by the City.

No other items have been able to be progressed by Administration as the excision, purchase and disposal of the subject portion of Lot 501 has been delayed by the discovery of a stormwater pipeline within the Substation Extension Area (Attachment 1 refers).

WP Works – Stormwater Pipeline

On 24 October 2012 WP issued the City with a written 'Notice of Entry' under Sections 28 & 49 of the Energy Operators (Powers) Act 1979 to access the Substation Extension Area to commence civil works to meet the Public Transport Authority's (PTA) timeline for the electrification of the northern rail extension to Yanchep.  On 7 December 2012, WP advised the City in writing that its earthing contractor had uncovered a 525mm reinforced concrete City storm water pipeline within the Substation Extension Area. The subject section of stormwater pipeline forms part of a large pipeline network that disposes its storm catchment contents into abutting Lot 13043 (Reserve 45704) to the immediate north of Lot 501.  This section of pipeline did not show up on the WP's searches and enquiries during detailed design and planning of the resultant earthworks and site preparation.

Replacement Pipe

If the stormwater pipeline was to remain in the Substation Extension Area once the land was excised and disposed to WP the City would require an easement over the stormwater pipeline to facilitate access for maintenance purposes.  WP cannot allow an easement over the pipeline due to Occupational Health and Safety matters associated with the nature of the high voltage power infrastructure that will be contained in the substation.  Subsequently, it was been agreed between all parties that the only way forward was to relocate the pipeline outside of the Substation Extension Area and cut and cap the existing pipeline located within the Substation Extension Area.

The route of the relocated storm water pipeline is required to traverse through lot 608 (24K)   Hidden Valley Retreat, Clarkson owned in freehold by WP in order to be able to discharge into the City’s drainage sump located on the adjoining Reserve 45704, Lot 13043 (26K) Hidden Valley Retreat, Clarkson.  WP has agreed to an easement in favour of the City for an area of approximately 22.2m2 in the southwestern portion of Lot 608. Construction Plan 2931-1-1 details the proposed decommission points of the subject section of pipeline and its proposed re-routed path (Attachment 2 refers).


 

The cost of the decommissioning and relocation of the section of storm water pipeline currently within the Substation Extension Area was previously estimated by Administration at $105,000 (exclusive of GST).  The PTA, as driver of the Substation extension project agreed to pay the City the full $105,000 estimated costs as calculated by Administration.

The City, WP and the PTA agreed that to progress the matter a Deed of Agreement was required to be entered into between the relevant parties that will outline the required works, cost component involved, easement, relevant indemnity requirements and the purchase of the Substation Extension Area by WP from the City.

Council at its Ordinary Meeting of 3 February 2015 (CB01-02/15) resolved the following:

“That Council:-

1.         NOTES that Council at its Ordinary Meeting of 13 November 2012 (CB06-11/12) authorised the excision and purchase of a 945m2 portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson at 5% unimproved market value determined by the Valuer General plus GST if applicable subject to the Western Power Corporation entering into a conditional Contract of Sale with the City of Wanneroo;

2.         NOTES that Council at its Ordinary Meeting of 13 November 2012 (CB06-11/12) approved the City of Wanneroo to enter into a conditional Contract of Sale with Western Power Corporation for the sale of a 945m2 portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson at the market value determined by the Valuer General, plus GST if applicable;

3.         NOTES that no submissions were received to the advertisements for the proposed excision, purchase and disposal of the  sale of the 945m2 portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson;

4.         AUTHORISES the Chief Executive Officer to affix the Common Seal of the City of Wanneroo, and execute a Deed of Agreement between the City of Wanneroo, the Western Power Corporation and the Public Transport Authority;

5.         AUTHORISES the Chief Executive Officer to affix the Common Seal of the City of Wanneroo, and execute a Deed of Easement between the City of Wanneroo and the Western Power Corporation over a 22.2m2 (subject to survey) portion of Lot 608, (24K) Hidden Valley Retreat, Clarkson; and

6.         APPROVES BY ABSOLUTE MAJORITY, the unbudgeted expenditure of approximately $115,500 pursuant to Section 6.8(1)(b) of the Local Government Act 1995, to be fully funded by a contribution from the Public Transport Authority for the relocation of storm water pipelines.

Project No

From

To

Description

PR-3024

115,500

 

Monies received from the Public Transport Authority for the relocation of Storm water pipelines

PR-3024

 

115,500

Relocation of Storm water pipeline works to be undertaken by the City

Detail

A draft Deed of Agreement (Agreement) and Easement was prepared by Hopgood Gamin Lawyers, the City’s external solicitors.  A copy of the draft Agreement was provided to WP and the PTA for comment with a copy of the draft Easement also being provided to WP for comment.  WP responded with some required amendments that were of a minor nature and were easily accommodated.  The PTA amendments were also of a minor nature except for the terms and conditions in relation to the purchase price of the Substation Extension Area and the cost of the relocation of the storm water pipeline.

The PTA did not agree with the basis of the valuation to establish the purchase price.  The Substation Extension Area had been valued without any consideration to the cost of the relocation of the storm water pipeline.  The PTA considered the value of the Substation Extension Area should be reduced by the relocation costs.  Administration’s position in relation to this matter is that the City does not require the storm water pipeline to be relocated.  The City’s requirements could be easily met by WP granting the City an easement over the pipeline.  It is WP’s operational requirements of the substation that preclude WP from granting the easement.  Administration therefore considers the relocation costs should be borne by the proponent. Furthermore the PTA did not accept the initial value as assessed by Landgate and advised that the PTA was only prepared to pay a total cost of $150,000 for the purchase of the Substation Extension Area and relocation of the pipeline.

During continued negotiations the PTA advised that they required a grant from Treasury to fund the purchase of the Substation Extension Area and in accordance with Treasury guideline the PTA were required investigate all avenues to reduce the cost.

The DoL advised the PTA that the Substation Extension Area was part of a reserve under the care, control and management of the City and in accordance with the Land Administration Act 1997 the transfer of the Substation Extension Area to WP could not be done without the consent of the City.  The Administration advised the DoL and the PTA that the City would not consent to this proposal.  Negotiations therefore lapse for a considerable time.

Administration arranged for DoL to engage the City’s nominated surveyor to undertake a survey of the Substation Extension Area.  The survey determined that the area of the Substation Extension Area to be excised from Lot 501 was 924m2.

In January 2018, WP and Administration met to progress the matter further.  WP advised that WP would directly fund the purchase of the Substation Extension Area and the cost of relocating the storm water pipeline land would negotiate directly with the City without the involvement of the PTA.  Administration again explained their position on the requirement of relocating the storm water pipeline was WP’s operational requirements and not a requirement of the City.  Administration suggested that a way forward would be to have the Substation Extension Area revalued as if the storm water pipe was not relocated and was encumbered by an easement.  WP agreed that they would accept the purchase price based on this scenario and would pay the cost of relocating the storm water pipeline.

WP has now advised Administration that the matter has become urgent due to the recent State and Federal budgets having announced funding and plans for the extension of the northern rail extension to Yanchep (construction planned to start in 2019).  In order to progress this matter WP has decided to fund the purchase of the Substation Extension Area and the cost of relocating the storm water pipeline directly, themselves.

To ensure WP meet their schedule for the provision of power for the project for the extension of the northern rail extension to Yanchep WP has sought the City’s assistance by undertaking the relocation works as soon as possible and WP would pay the cost of the works ($105,000 exclusive of GST) on receipt of an invoice.  WP has also requested that any agreement or contract of sale will be directly between the City and WP without reference to the PTA.

In order to progress the purchase and sale of the WP also requested the Substation Extension Area WP suggested that the purchase price that WP will pay be established by a valuation by a private licenced valuer to be agreed between WP and Administration.  The valuation would be on the basis as described above as the storm water pipeline remained in place with and easement over it.

Administration is agreeable to this approach, provided WP pay the cost of the relocation works prior to the commencement of the works.  Administration has the capacity to undertake the works to relocate the storm water drain within WP’s timeframe.

Consultation

As stated in report CB01-02/15 Administration has undertaken all the consultation requirements as required in order to comply with the DOL's Section 152 reserve disposal guidelines.  No submissions were received in response to the consultation.

Comment

As a result of the WP serving a 'Notice of Entry' on the City under Sections 28 & 49 of the Energy Operators (Powers) Act 1979 to enter the Substation Extension Area, WP has occupied and undertaken civil works on the site and installed security fencing. The area therefore essentially now forms part of the substation that is located on Lot 476 despite the Substation Extension Area still being vested in the City for 'public recreation' purposes.  WP needs to undertake further works to enable them to complete the provision of power for the northern rail extension to Yanchep.  These works cannot commence until the storm water pipeline is relocated.

The City will benefit greatly from the northern rail extension to Yanchep for many years in the future.  Administration therefore recommends that the City assists WP to meet their scheduled time frame by:

1.         Undertaking the storm water pipeline relocation works before the end of June 2019, noting that the City will initially fund the required $105,000 (exclusive of GST) and be reimbursed this amount in full by WP; and

2.         Entering into an Agreement, directly with WP only, to sell the Substation Extension Area to WP at a purchase price as established by a private licenced valuer as agreed between the parties, once the City has purchased the Substation Extension Area from the State of Western Australia.

The Agreement has been delayed due to the Valuer General’s delay in responding to Administration and WP’s request.  In order to finalise this transaction it has been agreed that WP will pay to the City the value of the Substation Extension Area based on an assumption that it is encumber by an easement over the existing storm water pipeline, as determined by a private licenced value agreed between the parties.  The fee for such a valuation is estimated to be $5,000 (exclusive of GST).

The draft Agreement and Easement previously prepared by the City’s external solicitors, Hopgood Gamin Lawyers, will require amendments and acceptance by WP.  It is estimated the cost of this legal work to finalise these documents will be approximately $5,000 (exclusive of GST).

Statutory Compliance

The future excision, purchase and sale of the portion of Crown Reserve 45553 for amalgamation into the Substation will be subject to Section 68 of the Land Administration Act 1997 and subject to the Department of Planning, Lands and Heritage Crown Land Guidelines for Section 152 reserves.

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

3.5.3  Advocate for major integrated transport close to communities

Risk Management Considerations

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

Policy Implications

Nil

Financial Implications

WP has agreed to contribute $105,000 (exclusive of GST) being the full cost of the works, by means of reimbursement to the City.   The City will bear the Agreement costs estimated at $14,000 (exclusive of GST) from existing operational budget, as detailed below:

Legal fees to review the Agreement and Easement             $5,000

Valuation of the Substation Extension Area                          $5,000

Consideration for grant of the easement over Lot 608          $4,000

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.         NOTES that Council at its Ordinary Meeting of 13 November 2012 (CB06-11/12) authorised the excision and purchase of a 945m2 portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson at 5% unimproved market value determined by the Valuer General plus GST if applicable subject to the Western Power Corporation entering into a conditional Contract of Sale with the City of Wanneroo;

2.         APPROVES the City of Wanneroo to enter into a conditional Contract of Sale with Western Power for the sale of a 924m2 portion (subject to survey) of Lot 501, Reserve 45553, (10) Hidden Valley Retreat, Clarkson at the market value determined by a private licenced valuer as agreed between the parties, plus GST if applicable;

3.         NOTES that Council at its Ordinary Meeting of 3 February 2015 (CB01-02/15) approved the Chief Executive Officer to affix the Common Seal of the City of Wanneroo, and execute a Deed of Easement between the City of Wanneroo and the Western Power Corporation over a 22.2m2 (subject to survey) portion of Lot 608, (24K) Hidden Valley Retreat, Clarkson;

4.         APPROVES the Chief Executive Officer to affix the Common Seal of the City of Wanneroo, and execute a Deed of Agreement between the City of Wanneroo, and Western Power; and

5.         APPROVES BY ABSOLUTE MAJORITY, the unbudgeted expenditure of approximately $105,000 pursuant to Section 6.8(1)(b) of the Local Government Act 1995, to be fully funded by a contribution from the Western Power for the relocation of storm water pipelines.

 

Attachments:

1.

Attachment 1 - 2016-02 Clarkson Substation Extension

18/463227

 

2.

Attachment 2 - Drawing 2931-1-1

14/308976

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   409

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       410

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3.25  Proposed Cancellation of Crown Reserves Under the City's Management and Proposed Dedication of Land for Road - Wanneroo Road/Ocean Reef Road Intersection.

File Ref:                                              33922 – 18/453311

Responsible Officer:                           A/Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       9         

Issue

To consider the cancellation of Crown Reserves under the care, control and management of the City for transfer to the care, control and management of Main Roads Western Australia (MRWA) and the dedication of land for the Wanneroo Road and Ocean Reef Road Interchange.

Background

MRWA proposes to commence the construction of a grade separated interchange (the Project) at the intersection of Wanneroo Road and Ocean Reef Road in early 2019 (Attachment 1 refers).  MRWA is currently finalising acquisition of land required for the Project.  The land requirements impact on a number of Crown Reserves under the care, control and management of the City and MRWA has requested the City excise land from these Crown Reserves and transfer them to MRWA control.

MRWA has requested that Council give consideration to the dedication of the land required for the Project once the land acquisition has been finalised.

Detail

The Crown Reserves under the City’s management where land is required are as follows:

Reserve 42872:

The whole Reserve 42872, being the whole of the Lot 11911 on Plan 18753 held in Crown Land Certificate of Title Volume 3144 Folio 817, and Lot 12339 on Diagram 79904 held in Crown Land Certificate of Title Volume 3144 Folio 818. (Attachment 2 refers)

Reserve 42872 is set aside for the purpose of “Drainage”, with a management order in favour of the City.  The stormwater drainage that currently flows to the drainage sumps on the reserve will be diverted to a new drainage sump to be constructed by MRWA as part of the Project.

Reserve 34668:

Portion of Reserve 34668, being the whole of Lot 13034 on Plan 22267 held in Crown Land Certificate of Title Volume 3111 Folio 742, and part of Lot 12674 on Deposited Plan 219582 held in Crown Land Certificate of Title Volume 3096 Folio 661. (Attachment 3 refers)

Reserve 34668 is set aside for the purpose of “Public Recreation”, with a management order in favour of the City.

Reserve 35446:

Portion of Reserve 35446, being the whole of Lot 13035 on Plan 22267 held in Crown Land Certificate of Title Volume 3141 Folio 784. (Attachment 4 refers)

Reserve 35446 is set aside for the purpose of “Public Recreation”, with a management order in favour of the City.

Access to Land:

As the revocation of the Management Order and cancellation of Reserve 41872 and the required amendments to Reserves 34668 and 35446 will not be finalised before MRWA will commence work on the Project, MRWA has requested the City approve early access to the reserves.

Easements:

The City has an easement for a Right of Carriageway over Lot 804 on Deposited Plan 57543 (1240) Ocean Reef Road, Woodvale (Landgate document D640638) for access to Cockman House located on Lot 100 on Diagram 72754 (1230) Ocean Reef Road Woodvale (Attachment 5 refers).  MRWA has requested the City consents to the surrender of this easement as the Project will impact on the safe ingress and egress to Cockman House via the access way.  As part of the Project MRWA will construct a service road north from Woodvale Drive through Lot 80 on Diagram 51251 (40) Woodvale Drive, Woodvale, Lot 27 on Diagram 36562 (230K) Ocean Reef Road, Woodvale and Lot 1 on Diagram 61697 (1170) Ocean Reef Road, Woodvale as shown on MRWA Drawing 1860-048 (Attachment 6 refers).  This service road abuts the south western boundary of Lot 100 and will provide a new access to Cockman House.

The easement will not be surrendered until the service road is constructed and dedicated as road.

The City also has an easement for drainage over Lot 9004 on Deposited Plan 70112 held in Certificate of Title Volume 2778 Folio 378 and Lot 9005 on Deposited Plan 70112 held in Certificate of Title Volume 2778 Folio 379.  The easements were created on Deposited Plan 70112 (Attachment 7 refers) under section 167 of the Planning and Development Act 2005.

Lot 9004 and Lot 9005 are included in land that will be dedicated as road.  The drainage pipes will therefore be located in the road reserve after the dedication.

Dedication of land for Road:

The land to be dedicated for road is mostly shown on MRWA Drawing 1760-164-3, either shaded grey or stippled and includes (Attachment 8 refers):

a)         Lot 4 on Diagram 83055 held in Certificate of Title Volume 210 Folio 018, being 599 Wanneroo Road, Wanneroo;

b)         Part Lot 1 on Diagram 10798 held in Certificate of Title Volume 1765 Folio 911, being 614 Wanneroo Road, Pearsall;

c)         Part Lot 8 on Diagram 10798 held in Certificate of Title Volume 1946 Folio 866, being 614 Wanneroo Road, Pearsall;

d)         Lot 139 on Deposited Plan 42994 held in Certificate of Title Volume 2579 Folio 239, being 10K Birchgrove Way, Pearsall;

e)         Lot 9004 on Deposited Plan 70112 held in Certificate of Title Volume 2778 Folio 378, being 29K Archer Street, Pearsall;

f)          Lot 9005 on Deposited Plan 70112 held in Certificate of Title Volume 2778 Folio 379, being 25K Archer Street, Pearsall;

g)         Reserve 42872, comprised of Lot 11911 on Plan 18753 held in Crown Land Certificate of Title Volume 3144 Folio 817, and Lot 12339 on Diagram 79904 held in Crown Land Certificate of Title Volume 3144 Folio 818, being 1273 Ocean Reef Road, Pearsall;

h)         Part of Reserve 35446, being the part of Lot 13035 on Plan 22267 held in Crown Land Certificate of Title Volume 3141 Folio 784, being 1274 Ocean Reef Road, Pearsall;

i)          Lot 502 on Deposited Plan 75056 held in Certificate of Title Volume 2804 Folio 548, being 20K Uppill Place, Wangara;

j)          Part of Reserve 34668, being the whole of Lot 13034 on Plan 22267 held in Crown Land Certificate of Title Volume 3111 Folio 742, being 570 Wanneroo Road, Wangara and part of Lot 12674 on Deposited Plan 219582 held in Crown Land Certificate of Title Volume 3096 Folio 661, being 540 Wanneroo Road, Wangara;

k)         Lot 800 on Deposited Plan 57534 held in Certificate of Title Volume 2682 Folio 394, being 571 Wanneroo Road, Woodvale;

l)          Part of Lot 801 on Deposited Plan 57534 held in Certificate of Title Volume 2682 Folio 395, being 567 Wanneroo Road, Woodvale;

m)        Lot 802 on Deposited Plan 57543 held in Certificate of Title Volume 2698 Folio 349, being 585 Wanneroo Road, Woodvale;

n)         Part of Lot 804 on Deposited Plan 57543 held in Certificate of Title Volume 2682 Folio 351, being 1240 Ocean Reef Road, Woodvale;

o)         Part of Lot 80 on Diagram 51251 held in Certificate of Title Volume 2085 Folio 748, being 40 Woodvale Drive, Woodvale;

p)         Part of Lot 27 on Deposited Plan 36562 held in Certificate of Title Volume 1954 Folio 469, being 1230K Ocean Reef Road, Woodvale; and

q)         Part of Lot 1 on Diagram 61697 held in Certificate of Title Volume 2085 Folio 749, being 1170 Ocean Reef Road, Woodvale.

MRWA has also requested that the portion of the City’s freehold Lot 6 that is zoned “Other Regional Road” under the Metropolitan Regional Scheme (MRS) be dedicated as road.  Due to the shape and location of Lot 6, Administration considers that the remainder of the lot has no useful purpose and therefore recommends that the whole of the lot be dedicated as road.

Lot 6 is currently described as Lot 6 on Plan 18573 held in Certificate of Title Volume 1949 Folio 198, being 1 Archer Street, Pearsall (Attachment 9 refers).

MRWA will make a submission to the Western Australian Planning Commission to amend the MRS to have the land on MRWA Drawing 1760-164-3 to be rezoned as ”Primary Regional Road” under the care, control and management of the MRWA.

The service road to Cockman House on MRWA Drawing 1806-048, part of Lot 13035 on MRWA Drawing 1860-201 and Lot 6 on Plan 18573 will be dedicated as local government road under the care, control and management of the City.

Heritage Memorial

The Heritage Council of Western Australia (HC) has a Heritage Memorial registered over Lot 1 on Diagram 61697 in regard to the heritage listing of Perry’s Paddock’ Cottage and Stables.  Portion of the service road off of Woodvale Drive (as shown on MRWA Drawing 1860-048) will be excised from Lot 1.

In order to have the service road dedicated the Heritage Memorial must be lifted.  After the service road is dedicated the HC require the Heritage Memorial to be replaced over the remainder of Lot 1 and the section of road excised from Lot 1.  As the service road will be a local government road under the care, control and management of the City, the HC will require the City to agree to the replacement of the Heritage Memorial over the relevant section of the service road.

MRWA will be responsible for arranging the lifting and replacement of the Heritage Memorial and all costs associated with the process.

Consultation

Nil.

Comment

Administration recommends that Council supports the excision of the Crown Reserves as requested by MRWA and the dedication of the land required for the Project as a public road on the basis that:

a)         the construction of the proposed grade separated interchange at the intersection of Wanneroo Road and Ocean Reef Road will provide significant benefit to the residents of the City; and

b)         MRWA will indemnify the Minister for Lands and Council against any cost and claims that may arise as a result of the dedication action.

Administration is continuing to liaise with MRWA regarding the development and delivery of this grade separation project at Wanneroo Road/Ocean Reef Intersection. Administration has requested traffic analysis information from MRWA to fully understand the impacts of the proposed grade separation project on local roads and several intersections in the vicinity. A separate report will be presented to Council once the information is received and considered by Administration.

Statutory Compliance

The ability to dedicate the Land as road reserve is authorised by the Land Administration Act 1997 (LAA).

Section 56 of the LAA provides that where a local government requests the Minister for Lands to dedicate land as a road it is to indemnify the Minister against any claim for compensation that may arise from that action.  In this case MRWA will in turn indemnify the City.

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

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

 

Risk Management Considerations

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

Policy Implications

Nil

Financial Implications

Council and MRWA will be responsible for the costs of the dedication of the land for road and the construction of the works for the Project.

The drainage that currently flows to the drainage sumps on Reserve 41872 will be diverted to a drainage sump that will be constructed as part of the Project and be under the care, control and management of MRWA.  This will alleviate the City from the current drainage maintenance costs of the drainage sumps on Reserve 41872.

The City will have increased road maintenance costs in relation to the land that will be dedicated as local government road under the care, control and maintenance of the City.

The financial outcome for the City will be negligible.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       AUTHORISES a request being made to the Minister for Lands pursuant to Sections 50 and 51 of the Land Administration Act 1997 to:

a)      revoke the Management Order for Reserve 42872;

b)      cancel Reserve 42872

c)      amend Reserve 35446 by excising Lot 13035 on Plan 22267 held in Crown Land Certificate of Title Volume 3111 Folio 742 from that reserve; and

d)      amend Reserve 34668 by excising Lot 13034 on Plan 22267 held in Crown Land Certificate of Title Volume 3111 Folio 742 and the portion of Lot 12674 on Plan 22267 held in Crown Land Certificate of Title Volume 3141 Folio 784, as shown shaded on Main Roads Western Australia Drawing 1760-164-3, from that reserve;

2.       SUPPORTS the dedication of the land as shown on Main Roads Western Australia Drawings 1760-164-3 1860-048 and 1860-201 as a public road;

3.       AUTHORISES a request being made by Main Roads Western Australia to the Minister for Lands pursuant to Section 56 of the Land Administration Act 1997 (LAA) for the dedication of the following portions of land as a public road:

a)      Lot 11911 on Plan 18753 held in Crown Land Certificate of Title Volume 3144 Folio 817, and Lot 12339 on Diagram 79904 held in Crown Land Certificate of Title Volume 3144 Folio 818; and

b)      Lot 13034 on Plan 22267 held in Crown Land Certificate of Title Volume 3111 Folio 742, being 570 Wanneroo Road, Wangara and part of Lot 12674 on Deposited Plan 219582 held in Crown Land Certificate of Title Volume 3096 Folio 661.

4.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the dedication in accordance with Section 56(4) of the LAA, noting that the Main Roads Western Australia will indemnify the City;

5.       AUTHORISES the Chief Executive Officer to execute such documents as are required by the Minister for Lands to affect the revocation of the Management order for Reserve 42872 and the amendment of Reserves 35446 and 34668 and the dedication of the Land as a public road;

6.       SUPPORTS the dedication of the land shown on Main Roads Western Australia Drawing 1760-164-3 as road under the care, control and management of Main Roads Western Australia;

7.       ACCEPTS the dedication of the land shown on Main Roads Western Australia Drawings 1860-048 and 1860-201 and Lot 6 on Plan 18573 as road under the care, control and management of the City of Wanneroo;

8.       APPROVES the surrender of:

a)      the Right of Carriageway Easement D640638 over portion of Lot 804 on Deposited Plan 57543 registered on Certificate of Title Volume 2698 Folio 351;

b)      the Drainage Easement over portion of Lot 9004 on Deposited Plan 70112 held in Certificate of Title Volume 2778 Folio 378; and

c)      the Drainage Easement over portion of Lot 9005 on Deposited Plan 70112 held in Certificate of Title Volume 2778 Folio 379;

9.       AUTHORISES the Chief Executive Officer to execute such documents as are required to affect the surrender of the above easements;

10.     APPROVES early entry to Main Roads Western Australia and its contractors on to Reserve 42872, part of Lot 13035 of Reserve 35446 and Lot 13034 and Part of Lot 12674 of Reserve 34668 under the care, control and management of the City of Wanneroo, to carry out any works required in association with the upgrade of the Wanneroo Road and Ocean Reef Road intersection.  Access to be provided prior to the excision and dedication of the roads from the relevant Crown reserves; and

11.     CONSENTS to the registration of a Heritage Memorial over portion of the service road contained within Lot 1 on Diagram 61697 as a replacement of the same portion of Heritage Memorial I242001 withdrawn by the Heritage Council of Western Australia to allow the dedication of the road.

 

Attachments:

1.

Report Attachemnt 1

18/457050

 

2.

Report Attachment 2

18/457052

 

3.

Report Attachment 3

18/457053

 

4.

Report Attachment 4

18/457055

 

5.

Report Attachment 5

18/457058

 

6.

Report Attachment 6

18/457065

 

7.

Report Attachment 7

18/457089

 

8.

Report Attachment 8

18/457107

 

9.

Report Attachment 9

18/457110

 

 

 


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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                                                       447

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   448

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                       450

 

Council & Corporate Support

3.26  Council and Corporate Support Policy Reviews

File Ref:                                              2409 – 18/462408

Responsible Officer:                           A/Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the review of the:

·          Councillors Use of Corporate Logo Policy,

·          Recognition – Elected Members Policy;

·          Award of the title Honorary Freeman of the City of Wanneroo Policy; and

·          Committee Members Code of Conduct Policy.

Background

In May 2018, Council resolved to extend the adopted review dates of a number of policies that were overdue for review as the extension of the reviews posed a minimal risk to the City.  The policies outlined in this report were included in the May 2018 report.

Three of these reviews have now been completed ahead of the anticipated dates and are presented to Council for consideration as follows:

Policy Title

Approved Review Date

Status

Councillors Use of Corporate Logo Policy

30 October 2018

Review Complete

Recognition – Elected Members Policy

30 June 2019

Review Complete

Award of the Title “Honorary Freeman of the City of Wanneroo” Policy

30 June 2019

Review Complete

Further, as the review of the Council Members Code of Conduct Policy has now been postponed, Council’s consideration to further postpone the Committee Members Code of Conduct Policy review is requested.  Additional explanation is provided further in this report.

Detail

The following tables detail the outcome of the reviews undertaken for each of the three Policies and proposed amendments. Changes are indicated in the attached marked up version of each policy (Refer Attachment 1). The amendments are considered to be minor and do not impact the implementation of these policies.

Councillors Use of Corporate Logo Policy

This Policy has been transferred to the Council and Corporate Support Unit.  Administrative changes include amending references where appropriate to reflect this change.  Other changes are detailed as follows:


 

Clause

Amendment

Reason

Title

Change from “Councillors” to “Council Members”

This policy applies to all Council Members

Background

Reference removed and comments incorporated into ‘Policy Objective’

The information provided under ‘background’ more appropriately relates to the objective of the Policy.

Policy Objective

Added new words ‘image and values’

The brand, image and values of the City being maintained are all equally important.

Consultation with Stakeholders

deleted

Internal consultation is a routine component of any policy review and does not need to be identified within the policy itself

Definitions

New definition added for ‘Corporate Logo’

To clarify that Corporate Logo means the trademarked logo of the City of Wanneroo as described within the registered trademark and includes variations of the Corporate Logo that are not substantially different from the trademark

General Amendments

To update to contemporary terminology where appropriate and to reflect transition and review arrangements for the Policy.

Recognition – Elected Members Policy

Clause

Amendment

Reason

Title

Change from “Recognition – Elected Members” to “Council Members – Recognition of Service”

To better reflect the intent of the Policy

Policy Statement

Amended description

To more succinctly reflect the intent of the Policy

Background

Deleted

Not required for Policy content

Who Needs to know about this Policy

Deleted

Not required for Policy content

References

Updated

To include all relevant references

General Amendments

To update to contemporary terminology where appropriate and reformatted as required.

Award of the Title “Honorary Freeman of the City of Wanneroo” Policy

Clause

Amendment

Reason

Policy Statement

Amended description

To better reflect the intent of the Policy

Policy Objective

Amended description

To more succinctly and accurately reflect the objective of the Policy

General Amendments

To update to contemporary terminology where appropriate and reformatted as required.

Committee Members Code of Conduct Policy

The Committee Members Code of Conduct Policy (refer Attachment 2) is reliant upon the review of the Council Members Code of Conduct Policy.  At its meeting held 18 September 2018, Council resolved to approve the postponement of the review of the Council Members Code of Conduct until the proclamation of the amendments to the Local Government Act 1995 relating to Codes of Conduct (CE02-09/18).

This report therefore seeks Council’s consideration to subsequently postpone the review of the Committee Members Code of Conduct Policy until the review of the Council Members Code of Conduct Policy commences.

Consultation

Internal consultation with all relevant stakeholders has occurred as part of the review process for these policies.

Comment

It is proposed that:

1.         the minor amendments made to Policies detailed in Attachment 1 be adopted; and

2.         the review of the Committee Members Code of Conduct Policy (Attachment 2) be postponed until the review of the Council Members Code of Conduct Policy commences.

Statutory Compliance

Section 5.103 of the Local Government Act 1995 requires that every local government prepare or adopt a code of conduct to be observed by council members, committee members and employees.

Strategic Implications

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

 “4     Civic Leadership

4.2    Good Governance

4.2.1  Provide transparent and accountable governance and leadership

Risk Management Considerations

Risk Title

Risk Rating

CO-O19 Decision Making

Low

Accountability

Action Planning Option

Chief Executive Officer

Manage

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

Policy Implications

As detailed in this report.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         ADOPTS the amendments made to Policies detailed in Attachment 1; and

2.         ENDORSES the review of the Committee Members Code of Conduct Policy (Attachment 2) being postponed until the review of the Council Members Code of Conduct Policy commences.

 

Attachments:

1.

Attachment 1 - combined policies

18/449141

Minuted

2.

Attachment 2 - Committee_Members_Code_of_Conduct

18/449142

Minuted

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   454

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                                   487

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                      493

 

Chief Executive Office

Item  4      Motions on Notice

Item  5      Late Reports (to be circulated under separate cover)

Item  6      Public Question Time

Item  7      Confidential

7.1    Amendment 163 to District Planning Scheme No. 2 - Outcome of Negotiations on Developer Contribution Arrangements

File Ref:                                              33312 – 18/453971

Responsible Officer:                           Director Planning and Sustainability

 

This report is to be 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


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 06 November, 2018                      494

 

Item  8      Date of Next Meeting

The next Ordinary Council Meeting has been scheduled for 7:00pm on Tuesday, 13 November 2018, to be held at Council Chambers, Civic Centre, 23 Dundebar Road, Wanneroo.

Item  9      Closure


 

Noelene Jennings
A/CEO
  EXITPUBLIC GALLERYMICROPHONEHarminder Singh
Director
Assets
David Nicholson
A/Director
Corporate Strategy & Performance
Debbie Terelinck
Director
Community & Place
Mark Dickson
Director
Planning &
Sustainability
Mustafa Yildiz
Manager Governance & Legal
Mayor
Tracey Roberts JP
Cr Samantha FennCr Linda Aitken JPCr Sonet CoetzeeCr Natalie Sangalli
Deputy Mayor
Cr Dot Newton JPCr Dominic ZappaCr Denis HaydenCr Brett TrebyCr Russell DriverCr Lewis FloodCr Hugh NguyenCr Frank Cvitan JPCr Paul MilesSCREENCOUNCIL CHAMBERS
SEATING DIAGRAM


 [SD1]Suggested removal of this paragraph

 [SD2]Paragraph already listed in Definitions – suggested removal

 [SD3]No current procedure - develop Acquisition Management procedure

 [SD4]Relocate this paragraph to 4.1 assessment of cultural significance

 [SD5]Move this content to Acquisition Management Procedure

 [SD6]Suggested removal of this paragraph.

 [SD7]This item is not required under the Local Government Act, but is still included as a courtesy: hence the MAY. This paragraph is procedural and suggested for removal.

 [SD8]Suggested removal of this paragraph – agreement no longer exists. As per Trim ref 13/58362

 [SD9]Remove paragraph - Ensuring the disposal of objects is conducted in accordance with the City’s Disposal of Property Other Than Land and Buildings Management Procedure provides opportunity for a transparent and open process. Additionally, the City’s Code of Conduct does not list the details mentioned here.

 [SD10]Remove all of these summaries in lieu of listing each reference and accompanying website. Definitions listed in Draft Cultural Plan