Proof_CouncilAgenda_Coverpage_Template_Governance

 

 

 

Council Agenda

 

 

 

 

 

 

 

Ordinary Council Meeting

7.00pm, 05 March 2019

Council Chambers, Civic Centre, Dundebar Road, Wanneroo


PUBLIC QUESTION AND STATEMENT TIME

 

1.         TIME PERMITTED

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

 

2.         PROTOCOLS

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

 

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

 

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

 

3.         GENERAL RULES

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

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

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

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

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

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

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

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

 

DEPUTATIONS

 

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

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

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

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

 

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

For further information please contact Council Support on 9405 5027.


Recording of Council Meetings Policy

 

 

Objective

 

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

 

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

 

Statement

 

Recording of Proceedings

 

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

 

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

 

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

 

Access to Recordings

 

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

 

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

 

Retention of Recordings

 

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

 

Disclosure of Policy

 

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


 

 

Notice is given that the next Ordinary Council Meeting will be held at the Council Chambers, Civic Centre, Dundebar Road, Wanneroo on Tuesday 5 March, 2019 commencing at 7.00pm.

 

 

 

 

 

D Simms

Chief Executive Officer

28 February, 2019

 

 

 

CONTENTS

 

Item  1_____ Attendances_ 1

Item  2_____ Apologies and Leave of Absence_ 1

Item  3_____ Public Question Time_ 1

Item  4_____ Confirmation of Minutes_ 1

OC01-03/19     Minutes of Ordinary Council Meeting held on 5 February 2019  1

SOC02-03/19 Minutes of Special Council Meeting held on 26 February 2019  1

Item  5_____ Announcements by the Mayor without Discussion_ 1

Item  6_____ Questions from Elected Members_ 1

Item  7_____ Petitions_ 1

New Petitions Received  1

Update on Petitions  1

PT01-02/19      Transition of an Exercise Class for Seniors at the Hainsworth Community Centre  1

Item  8_____ Reports_ 2

Planning and Sustainability  2

Strategic Land Use Planning & Environment  2

PS01-03/19      Proposed Amendment No. 176 to District Planning Scheme No. 2 - Modification to Convenience Store Definition  2

PS02-03/19      Close of Advertising - Local Environmental Strategy  6

PS03-03/19      Annual Review of Cell Costs - East Wanneroo Cell 1 Developer Contributions Arrangements  90


 

Approval Services  106

PS04-03/19      Consideration of Amendment No. 171 to District Planning Scheme No.2 - Strata Lot 7 (20) Prindiville Drive, Wangara - Additional  Use  106

PS05-03/19      Consideration of  Amendment No. 174 to District Planning Scheme No. 2 (DPS2) - Rezones Lots 9 (4) & 1057 (6) Salcott Road & Lot 1060 (15) Hainsworth Avenue, Girrawheen from Residential to Private Clubs & Recreation  117

PS06-03/19      Consideration of Development Application (DA2018/509) - Extractive Industry and Bulk Earthworks at Lot 503 (398) Wattle Avenue, Neerabup  126

PS07-03/19      Consideration of Development Application (DA2018/1197) - Change of Use from Showroom to Recreation Centre - Unit 3, Lot 381 (10) Pensacola Terrace, Clarkson  157

PS08-03/19      Draft Position Statement: Container Deposit Scheme Infrastructure  176

PS09-03/19      Yanchep Rail Extension - Proposed Planning Control Areas  194

Assets  209

Asset Operations & Services  209

AS01-03/19      Wanneroo Road and Ocean Reef Road Grade Separation - Impact on Local Roads  209

AS02-03/19      Petition PT04-05/18 Update  - Alternative Access to the Proposed Sand Mine and Speed Limit Review Within the Mariginiup Area. 218

AS03-03/19      Update on the Establishment of  a Working Group of Schools in Darch to Review Traffic Congestion  224

Infrastructure Capital Works  226

AS04-03/19      Tender No 18246 - Pinjar Road Duplication from Blackberry Drive to Joondalup Drive  226

AS05-03/19      Tender No 18260 - Construction of Marmion Avenue Duplication - Butler to Yanchep  234

Parks & Conservation Management  244

AS06-03/19      Tender No. 18211 - Provision of Maintenance Services for Beach Access Ways  244

Community & Place  252

Cultural Development  252

CP01-03/19     WLCC and Library:  Community Access Hours  252

Community Facilities  257

CP02-03/19     Progress Report - North Coast Aquatic and Recreation Facility Needs and Feasibility Assessment  257

Corporate Strategy & Performance  265

Business & Finance  265

CS01-03/19     Financial Activity Statement for the Period Ended 31 January 2019  265

Strategic & Business Planning  291

CS02-03/19     2018/19 2nd Quarter (Mid-Year) Corporate Business Plan and Financial Performance Report  291

Transactional Finance  322

CS03-03/19     Strategic Budget Policy  322

CS04-03/19     Warrant of Payments for the Period to 31 January 2019  347

CS05-03/19     2018/19 Mid-Year Review of the Annual Budget  408

Property Services  422

CS06-03/19     Yanchep Lagoon Draft Masterplan  422

Council & Corporate Support  521

CS07-03/19     Consideration of Motions Received at the Annual General Meeting of Electors' 521

CS08-03/19     Donations to be Considered by Council - March 2019  527

Chief Executive Office  531

Advocacy & Economic Development  531

CE01-03/19     Tender No. 19010 - On Call Strategic Advocacy Advice  531

Governance & Legal  535

CE02-03/19     Compliance Audit Return 2018  535

CE03-03/19     Review of the Local Government Act 1995 - Phase 2  552

CE04-03/19     Panel of Pre-Qualified Legal Services Providers  613

Item  9_____ Motions on Notice_ 619

Item  10____ Urgent Business_ 619

Item  11____ Confidential_ 619

CR01-03/19     Tender 17227: Provision of Supply, Installation, Maintenance and Advertising on Illuminated Bus Shelters  619

CR02-03/19     Old Yanchep Surf Life Saving Club Redevelopment & Lease  619

Item  12____ Date of Next Meeting_ 619

Item  13____ Closure_ 619

 


Agenda

 

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

 

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

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Public Question Time

Item  4      Confirmation of Minutes

OC01-03/19       Minutes of Ordinary Council Meeting held on 5 February 2019

That the minutes of Ordinary Council Meeting held on 5 February 2019 be confirmed.

SOC02-03/19    Minutes of Special Council Meeting held on 26 February 2019

That the minutes of Special Council Meeting held on 26 February 2019 be confirmed.

Item  5      Announcements by the Mayor without Discussion

Item  6      Questions from Elected Members

Item  7      Petitions

New Petitions Received

Update on Petitions  

Cr Zappa presented a petition of 27 signatories for the transition of an exercise class for the Seniors at the Hainsworth Community Centre (18/550206).

 

Update

 

Administration is currently consulting with program participants. A report relating to this item will be presented at the Ordinary Council Meeting on Tuesday, 9 April 2019.

 

 

Item  8      Reports

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

Planning and Sustainability

Strategic Land Use Planning & Environment

PS01-03/19       Proposed Amendment No. 176 to District Planning Scheme No. 2 - Modification to Convenience Store Definition

File Ref:                                              37191 – 19/43308

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider a proposed amendment to the ‘convenience store’ land use definition in the City’s District Planning Scheme No. 2 (DPS 2).

Background

In considering a Motion on Notice report on the planning framework for development of landmark sites in the City (Council meeting of 5 February 2019, item MN01-02/19), it was resolved that Council:

 

“Requests that Administration present a report to Council by April 2019 on the merits of initiating an amendment to DPS 2 to change the DPS 2 definition of ‘convenience store’ to be as per the Model Scheme Text definition”.

Detail

The current definition of ‘convenience store’ under DPS 2 is:

 

convenience store : means any land and or buildings used for the retail sale of convenience goods being those goods commonly sold in supermarkets, delicatessens and newsagents but including the sale of petrol and petroleum products and motor vehicle accessories and operated during hours which include but which may extend beyond normal trading hours and providing associated parking.  The buildings associated with a convenience store shall not exceed 300m2 gross leasable area.”

 

This definition has been in DPS 2 since its gazettal on 6 July 2001, and was based on the convenience store definition included in the Model Scheme Text (MST) included in the former Town Planning Regulations 1967.

 

In 2015, the Town Planning Regulations 1967 were replaced by the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the 2015 Regulations’).  The 2015 Regulations includes new Model Provisions for local planning schemes, which include the following definition for convenience store:

 

 

 

convenience store means premises –

 

(a)     used for the retail sale of convenience goods commonly sold in supermarkets, delicatessens or newsagents; and

 

(b)     operated during hours which include, but may extend beyond, normal trading hours; and

 

(c)     the floor area of which does not exceed 300m2 net lettable area.”

 

It may be noted that the new Model Provisions definition is essentially the same as the current DPS 2 definition, except that it does not include ‘sale of petrol and petroleum products and motor vehicle accessories”.  This means that proposed new developments that wish to include sale of petrol would need to be dealt with under the ‘service station’ use class.

 

The merits of initiating an amendment to DPS 2 to change the current DPS 2 definition to be as per the Model Provisions are considered to be:

 

·    It will mean that new fuel filling stations will need to be dealt with as service stations, rather than convenience stores.  Convenience store has a more flexible land use permissibility than service station under DPS 2:

 

Convenience store use is permitted in the Business and Commercial zones; discretionary in the Mixed Use, Private Clubs/Recreation, General Industrial and Service Industrial zones; and not permitted in all other zones.

Service station use is discretionary in Business, Commercial, General Industrial and Service Industrial zones, and not permitted in all other zones.

 

          Being able to be dealt with as a convenience store has meant that fuel filling stations have been able to be applied for in locations which are not necessarily the most appropriate locations for that type of development, particularly ‘landmark’ sites.  Requiring them to be dealt with as service stations should mean that the sites they will be able to be applied for will be better suited for that type of development as the appropriateness of the sale of petrol on these sites will be considered.

 

·    It will mean that this land use definition will be consistent with the Model Provisions, which should mean that it is more readily understood by the community and industry, and has a more firm standing when subject to deliberations by planning agencies, including the City, the Western Australian Planning Commission (WAPC), Department of Planning, Lands and Heritage, Minister for Planning, and the State Administrative Tribunal (in the event of appeals).

 

·    A separate amendment will enable this change to be made quicker, as compared to making it as part of a broader amendment to align DPS 2 with the Model Provisions, or a review of DPS 2 to prepare a new Scheme.  It is anticipated that this process will take 6 – 12 months.

Consultation

An amendment to DPS 2 to make it consistent with the Model Provisions is considered a ‘basic’ amendment under the Regulations.  Administration is not required to advertise a basic amendment to DPS 2 for public comment, unless the Minister for Planning or an authorised person directs the City to advertise the basic amendment.  Alternatively, should the WAPC not consider the amendment to be a basic amendment, the City may be directed to advertise the amendment as a ‘standard amendment’ or ‘complex amendment’ as the case may require.  Given that Administration is proposing to amend the definition to align with the MST, it is considered that the WAPC is likely to support this change as a ‘basic’ amendment.

Comment

Given the merits outlined above, of amending DPS 2 to make the DPS 2 convenience store definition consistent with that of the Model Provisions, it is recommended that Council initiate a DPS 2 amendment to do this.

Statutory Compliance

Pursuant to Regulation 34 of the Planning and Development (Local Planning Scheme) Regulations 2015, Administration considers this proposed amendment as a basic amendment, as it is an amendment to the scheme so that it is consistent with the Model Scheme Text.

 

Should Council resolve to initiate this scheme amendment, Administration will have 21 days to refer the proposal to the Environmental Protection Authority (EPA) for comment, prepare all necessary documentation and forward the proposed scheme amendment to the WAPC.

 

Once the amendment documentation is provided to the WAPC for assessment, the WAPC has 42 days to present a report, including a recommended decision, to the Minister for Planning for determination with or without modification.  Under the Regulations, the 42 day time period could be longer should the Minister or the WAPC allow it.

 

Notwithstanding the above, the WAPC may determine the amendment to be a ‘standard’ or ‘complex’ amendment, in which case the proposal would require additional steps including advertising for public comment.

Strategic Implications

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

 “1     Society

1.3    Distinctive Places

1.3.1Create distinctive places based on identity of areas

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

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:-

Pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 176 to City of Wanneroo District Planning Scheme No. 2, to amend the local planning scheme by deleting the land use definition for ‘convenience store’ from Schedule 1 and replacing it with the following:

convenience store: means premises –

(a)     used for the retail sale of convenience goods commonly sold in supermarkets, delicatessens or newsagents; and

(b)     operated during hours which include, but may extend beyond, normal trading hours; and

(c)     the floor area of which does not exceed 300m2 net lettable area;

2.       Pursuant to Regulation 34 and Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 176 is a basic amendment for the following reason:

          An amendment to the scheme so that it is consistent with the model provisions in Schedule 1 or with another provision of the local planning scheme;

3.       Pursuant to Section 81 of the Planning and Development Act 2005, REFERS Amendment No. 176 to the Environmental Protection Authority;

4.       Pursuant to Regulation 58 of the Planning and Development (Local Planning Scheme) Regulations 2015, PROVIDES Amendment No. 176 to the Western Australian Planning Commission; and

5.       AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL Amendment No. 176 to District Planning Scheme No. 2 documents in accordance with the City’s Execution of Documents Policy.

 

 

 

Attachments: Nil


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                    6

 

PS02-03/19       Close of Advertising - Local Environmental Strategy

File Ref:                                              27777 – 19/30648

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider final adoption of the City’s draft Local Environmental Strategy (LES) included as Attachment 1.

Background

The draft LES aims to address community expectations identified in both the ‘Natural’ and ‘Built’ Environment sub-pillars of the Strategic Community Plan (SCP) and provides clear direction for how the City will respond to the range of built and natural environmental issues and opportunities affecting the City.

 

The Strategy will inform the Local Planning Strategy (LPS - currently being prepared) and sit under the SCP. The LES provides the framework for further, more detailed environmental plans, strategies, policies and projects and ensure their consistency with State planning and environmental frameworks. It will set out the strategic intent and direction for these plans to be developed.

 

The draft LES was presented to Council at its meeting on 18 September 2018, where it was adopted for the purpose of advertising. The advertising period has since closed and Administration prepared an updated version of the Strategy which reflected changes in response to the submissions received.  The amended LES was presented to the Environmental Advisory Committee (EAC) on 4 February 2019 where additional minor amendments were proposed. Subject to those amendments being made to the Strategy, the EAC has recommended that the draft Strategy be considered by Council for final adoption.

Detail

In accordance with Council’s resolution, the draft LES was advertised for public comment for a period of 42 days between 24 September 2018 and 6 November 2018.

 

Seven submissions were received, which generally expressed overall support for the approach to strategic environmental planning provided by the LES.

 

A number of comments proposed minor changes to the draft Strategy, with Administration taking these into consideration and proposing modifications as a result. A table detailing all of the submissions along with Administration’s responses and recommended modifications is included in Attachment 2, with a summary of some of the key items raised in the submissions being outlined below.

 

Vegetation removal, land clearing and tree canopy loss

 

Unlawful vegetation removal and land clearing as a result of approved development are key issues that have been identified in the LES. A number of resident and community member submissions reiterated the importance of identifying this issue and preparing relevant responses. In particular, land clearing for urban development is noted as a major issue, and the Strategy acknowledges opportunities for vegetation retention through the planning and development process provided that the right strategies, plans and policies are in place.

The LES provides the overarching framework for current and future projects that aim to reduce the impact of native vegetation removal as a result of unauthorised clearing and approved development. Such projects include the City’s Tree Preservation policy, the Street Tree Policy, and the recently adopted Local Biodiversity Plan. Through these, opportunities for the protection of native vegetation can be identified through the planning and development process which can be informed by the objectives for environmental protection outlined in the City’s Local Biodiversity Strategy and the Local Planning Strategy which is currently being prepared.

 

It was also noted in a number of submissions that the City lacks sufficient tree canopy which can result in increased heat island effects and contributes to loss of biodiversity in the City’s built environment. The LES acknowledges that the City currently lacks a comprehensive strategy that aims to address tree canopy issues, and as such proposes that investigations be undertaken to determine the need for more detailed work which will be identified through the action plan to be prepared once the Strategy has been finalised.

 

Built form and liveability

 

The LES identifies liveability and the overall improvement of the built environment as a key issue to be addressed through the high level responses it proposes under the ‘Community’ theme. Some of the submissions received note the recent urban development within the City as not being of particularly high quality in terms of liveability and built form. They note that higher densities, smaller lot sizes and general lack of green space as key factors that contribute to this.

 

It is the intention of the LES to set the strategic direction for how these issues may be dealt with, and by doing so, a coordinated approach can be achieved that effectively addresses issues associated with built form and liveability. Through the ‘Community’ theme of the Strategy, current responses to these issues are identified and include the City’s Public Open Space Policy, draft Local Planning Policy 4.10: Streetscapes, as well as future responses that include activation and improved functionality of public open space and urban streets that will be further mapped out and implemented through the LES Action Plan.

 

The Local Planning Strategy will aim to ensure that higher density residential areas are proposed in appropriate locations. Higher density areas should provide a smaller urban footprint and will allow more residents to have direct access to amenities including public open space. A smaller urban footprint provides opportunities for more sustainable urban development and should allow greater protection of the natural environment.

 

Planning for East Wanneroo

 

The LES acknowledges the current and future planning for the East Wanneroo area and the opportunities it presents in terms of providing urban zoned land while achieving good environmental outcomes such as reservation of new conservation areas (including wetlands), and integration of the natural environment with the built environment to create streetscapes that serve as green links.

 

Some concerns were raised through the submissions received regarding the future development of this area. In particular, a comment from a resident of the area expresses concerns with some of the language used in the LES that refers to urban development being ‘inevitable’ and infers that the land clearing associated with development is therefore unavoidable.

 

Administration agrees that the wording here could be misleading and does not reflect the nature of the Strategy and its aims to reduce the environmental impacts associated with development. As such, it is proposed that the wording be amended to more accurately align with the rest of the LES and to be consistent with the responses to the issues and opportunities it has identified.

 

Other submissions highlighted the planning for the East Wanneroo area as an area for concern in regards to adverse environmental impacts including vegetation removal, acid sulphate soil disturbance, and wetland degradation. Although it is acknowledged that the majority of this area will be urbanised, the City remains in close communication with the Department of Planning Lands and Heritage in preparing the District Structure Plans for the area to ensure that the planning for East Wanneroo is undertaken in such a way as to be consistent with the City’s environmental objectives and priorities captured in the LES and other documents such as the Local Biodiversity Strategy, as well as community expectations.

 

Water availability and water quality protection

 

The LES notes that water availability and water quality are among the key issues affecting the City now and into the future. One submission notes that water is a high priority and also suggests that public education should be a priority. Leading by example in water use efficiency and water quality protection is an opportunity within the ‘Water’ theme. Future initiatives and responses under this theme will include ongoing implementation of existing City projects such as the Water Conservation Plan and the Yellagonga Integrated Catchment Management Plan.

 

City responses and Actions

 

Submissions received by the City included a number of suggestions that relate to specific actions that the City may carry out in response to some of the key issues. One such suggestion was for the City to promote alternative energy sources for private households. Administration agrees that the City may play a role in promoting sustainable energy, and it is actions such as this that will be investigated through the action plan that will be prepared once the LES has been finalised. Currently, the Strategy identifies a number of future energy efficiency and sustainable energy initiatives to be investigated by the City including identification of energy use in community facilities, investigating renewable energy options, and the promotion of innovative technologies through leading by example which can all be investigated through the City’s Energy Reduction Plan.

 

The Quinns Rocks Environmental Group (QREG) provided a number of suggestions on specific actions to be undertaken by the City in the realms of waste management, liveability, climate change and energy, and water. More specifically, the QREG suggested that the LES should be more focused on providing clear direction for effective action to address the key issues and opportunities identified in the Strategy.

 

While Administration agrees that the specific actions and initiatives suggested by the QREG are valid and would effectively address many of the key issues and opportunities identified throughout the Strategy, providing specific, detailed actions is outside of the scope of the Strategy. The LES is a deliberately high level document that provides a clear strategic direction for the City in regards to environmental planning and sustainability and as such does not itself contain detailed actions for implementation.

 

However, once the LES has been endorsed by Council, a detailed action plan will be prepared by Administration and presented to Council for endorsement which will be used to identify and implement key specific actions to implement the Strategy, with actions being linked with specific timeframes and responsibilities for investigation and implementation. Actions will be determined by and will relate directly to the strategic responses set out in Tables 4 to 9 of the LES.

 

In undertaking these specific actions, the City will work towards addressing the key issues related to urban development and poor functionality in streetscapes, as well as providing public open space access throughout the urban environment.

 

Consideration by Environmental Advisory Committee

 

At its meeting on 4 February 2019, the EAC provided further input into the draft LES and suggested some additional amendments to the Strategy prior to it being presented to Council. These suggested amendments have been incorporated into Attachment 1 and are summarised below. A tracked changes version of the LES has been provided in the Council reading room.

 

The amendments proposed by the EAC and supported by Administration are considered to be minor in nature, but add value by making the LES clearer in its purpose, scope and overall functionality.

 

Additions to Responses (Tables 4 to 9)

 

It is proposed that Tables 4 to 9 of Part B of the Strategy be updated to include the investigation of planning mechanisms (such as local planning policies) to address the need for an increased tree canopy, as well as improving water and energy use efficiency in new developments. While the investigation into planning mechanisms for this purpose were considered, this was not explicitly stated in the LES and as such Administration supports this inclusion into the high level responses contained within Tables 4 to 9.

 

Additional wording is proposed to be added to the issues listed in Table 5 under ‘Land Contamination’ which addresses land contamination and its effects to include reference to acid sulphate soils as a specific example of contaminated sites found in the City. The proposed amendment also mentions the potential impacts of acid sulphate soils on human health via airborne particulates as a result of the disturbance of these soils.

 

Due to extensive land development across the City, disturbance of acid sulphate soils is an ongoing issue that is related to land contamination and water quality, which has been addressed by the LES. However, it is proposed that Table 9 and page 44 under the ‘Water Quality’ topic is updated to include reference to acid sulphate soils as an example of an issue relating to surface and groundwater quality.

 

Mapping Changes

 

A number of minor changes to the maps contained in the LES are proposed in response to comments made by the EAC:

 

·     Figure 1, which removes the boundary to City of Joondalup, making it clearer that the LES applies to the City of Wanneroo only;

·     Figure 5, which proposes an addition to the legend, indicating that the ‘white’ areas on  the map are ‘low to no’ risk acid sulphate soils areas; and

·     Proposed addition to Figure 9 to show the relevant year for the remaining extent of the vegetation complexes.

 

Environmental Planning Framework

 

Figure 23 shows the overall framework of the LES and its relationship to the SCP, Local Planning Strategy and key LES responses. It was suggested by the EAC that the Local Planning Strategy should not be shown as ‘sitting above’ the LES but rather alongside it, to demonstrate that they operate at an equivalent level. Administration concurs that Figure 23 inaccurately reflects the hierarchy of these documents, and as such it is proposed that Figure 23 be amended to more clearly demonstrate the relationships between these documents. Figure 23 now shows the two strategic documents alongside each other (and therefore informing each other), with the inclusion of the action plan as the implementation mechanism of the LES.

Consultation

The draft LES was advertised for public comment for a period of 42 days from 25 September 2018 to 6 November 2018 by way of:

 

·        An advertisement in a local newspaper;

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

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

 

As outlined above, following public advertising, the draft revised LES was presented to the EAC on 4 February 2019 to seek final comments and to recommend the LES to Council for final adoption.

Comment

The LES presents an integrated and strategic approach to addressing a range of environmental issues in the face of expanding urbanisation and an ongoing loss of environmental values. It promotes a balance between growth and the protection and enhancement of the natural and built environments.

 

Overall the submissions have indicated that the Strategy has been well received, and that the issues, opportunities, and responses identified in the Strategy accurately reflect community expectations.

 

Submissions provided overall support for the direction and content of the LES, in particular the issues and opportunities it identifies in relation to the natural and built environments. Proposed changes respond to submissions received and provide further consistency in regards to the overall intent of the Strategy which is to promote improvement of the natural and built environments. All of the changes made to the Strategy following public advertising are detailed in the tracked changes version which has been made available in the Council reading room.

 

Once adopted by Council, the LES will provide the overarching framework for existing and new environmental projects under the Natural and Built Environmental pillars of the Strategic Community Plan. Having an up-to-date overarching environmental strategy will ensure a comprehensive and integrated approach to environmental management in the City that aligns with the expectations of the community as reflected in the SCP.

 

Responses to the issues and opportunities identified in the LES will be implemented through a detailed action plan that will be drafted by Administration prior to being presented to Council for endorsement. This will deliver a measurable and achievable approach to strategic environmental management across the City embedded into the daily activities of the City. In order to be flexible and effectively respond to changing circumstances, the action plan needs to be separate from the Strategy.

 

The Strategy will work alongside an Environmental Management System (EMS) currently being established which will ensure that the action plan contains relevant and achievable actions that are implemented effectively.

Statutory Compliance

Nil

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

 

 

3.2     Enhanced Environment

3.2.1  Maximise the environmental value of beaches nature reserves and parklands

3.3     Reduce, reuse, recycle waste

3.3.3  Create and promote waste management solutions

 

3     Environment (Built)

                   3.4     Activated Places

3.4.4  Improve local amenity by retaining and complementing natural landscapes within the built environment

                   3.5     Connected and Accessible City

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

                   3.6     Housing Choice

3.6.1  Facilitate housing diversity to reflect changing community needs”

Risk Management Considerations

Risk Title

Risk Rating

Water Availability

Moderate

Accountability

Action Planning Option

Director Planning & Sustainability, Director Assets

Manage

 

Risk Title

Risk Rating

Climate Change

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manage

 

Risk Title

Risk Rating

Environmental Management

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manage

 

The City lacks an up to date, over-arching environmental strategy that links the City’s environmental projects to the community’s expectations as outlined in the SCP. The LES will address contemporary environmental issues in the City and will more closely align with the environmental pillar of the SCP, thereby minimising reputational risk to the City.

The LES will also provide high level guidance to address tangible risks to the environment by providing a strategic approach to environmental management in the City. The issues and opportunities identified through the preparation process for the Strategy will be included within an action plan, with its implementation being managed and monitored through the EMS currently in development.

Policy Implications

Nil

Financial Implications

Once the LES has been finalised it will be implemented through a comprehensive and detailed action plan, with individual actions being resourced and planned individually. It is anticipated that the majority of actions will be operational work that can be delivered utilising existing staff resources, such as the preparation of policies, strategies, plans, procedures and guidelines.

 

The individual responses or actions in the Strategy will not raise any immediate financial implications for individual service units. The detailed action plan will include specific actions that can be resourced. Detailed funding for specific actions that come out of the action plan will need to be considered as part of the annual budgeting process.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the submissions received in respect of the draft Local Environmental Strategy;

2.       ENDORSES the modifications to the draft Strategy outlined in the table of submissions included in Attachment 2;

3.       ADOPTS the final Local Environmental Strategy included in Attachment 1;

4.       NOTES that a detailed Action Plan will be prepared by Administration and presented to Council for endorsement; and

5.       PUBLISHES notice of its adoption of the Local Environmental Strategy in the Wanneroo Times and Wanneroo Weekender Community newspapers, and INFORMS those persons who made submissions of Council’s decision.

 

 

Attachments:

1.

Attachment 1: Final Draft Local Environmental Strategy

19/53323

Minuted

2.

Attachment 2: Local Environmental Strategy Table of Submissions

19/22834

Minuted

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                     13


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                                  73

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                  90

PS03-03/19       Annual Review of Cell Costs - East Wanneroo Cell 1 Developer Contributions Arrangements

File Ref:                                              23145 – 19/56487

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

 

Issue

To consider the Annual Review of costs for the East Wanneroo Cell 1 Developer Contributions Arrangements for advertising purposes, including revision to adopted land values and a methodology to make a partial return of excess funds to contributing landowners.

Background

The Cell 1 developer contribution arrangements are 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 Developer Contribution Plan (DCP).

 

Developer Contribution Arrangements Cells 1

 

The purpose of the Developer Contribution Arrangements for Cell 1 is to coordinate the provision of standard subdivision infrastructure on behalf of developers within the East Wanneroo Cell 1 Agreed Structure Plan (ASP).  These arrangements were required due to the fragmented nature of landownership within the ASP and also serve to reduce the financial burden on the City and the State Government in the provision of infrastructure to the local community.

 

The ASP contains the suburbs of Ashby and Tapping (Attachment 1), is predominately developed (96%), with the remaining landholdings consisting of several original market gardens and balance title lots, as generally depicted in Attachment 2.

 

The provisions outlined in Part 9 and Schedule 6 of District Planning Scheme No. 2 (DPS 2) provide the statutory basis for the management and implementation of the Cell 1 Developer Contributions Arrangements.  In accordance with Clause 9.11.1, the City is required to annually review the Cell Costs prior to the commencement of each new financial year.  The provisions of DPS 2 provide Council with the discretion to either increase, decrease or maintain the current (2006) Infrastructure Cost Per Lot (ICPL) rates through the annual review process. 

 

The City is currently in breach of its statutory obligation, with the last Annual Review undertaken in 2006.  However, although formal Annual Reviews have not been undertaken, Administration has initiated a range of actions to ensure financial accountability of the Cell accounts, with ongoing monitoring of the accounts ensuring the City’s records are up-to-date.

 

The City has been collecting and utilising contributions from developers in the Cell to undertake Cell Works, including Public Open Space (POS) acquisition, acquisition and construction of regional roads and associated costs for the lifespan of the DCP.

 

Council last adopted cell cost estimates at the meeting of 29th August 2006 (Report PD11-08/06), where it was resolved to adopt the rate of $1,250,000 as the average englobo value per hectare, and a revised figure of $16,741,433 as the current Net Costs applicable to East Wanneroo Cell No. 1. 

 

The land valuation was also revised in November 2015 (PS08-11/2015) to $1,875,000 per hectare ($2,062,500 including 10% solatium), however the ICPL has remained the same since 2006, at $25,835.54.

 

Transactional Audit

 

Administration initiated a Transactional Audit in March 2016 and although this was initially scoped to review the accuracy of Cell 1 financial data for the period 1 July 2010 to 30 June 2015, this was subsequently expanded with the time period extended from 1999 to 2016.  A major component of the Audit has been investigation and analysis of the DPS 2 scheme provisions and observations on the City’s compliance with legislative requirements to ensure that the City is interpreting the provisions correctly.   

 

In this regard, it is noted that Administration has historically used a conservative interpretation of the scope of infrastructure that was covered by DCPs.  However, on review, this historical interpretation was determined to be too conservative, and as a consequence the Audit & Risk Committee on 19 February 2019 recommended that a new interpretation be adopted by Council together with the recoupment of some historical municipal expenditure (i.e. charging some infrastructure such as street lighting and intersection treatments to DCPs rather than the City’s municipal accounts).  This represents a departure from the conservative interpretation of Cell Works conveyed to the landowners from the outset of the Cell 1 DCP and applied in the project funding reports to Council.

 

The specific recommendations of the Transactional Audit as endorsed by the Audit & Risk Committee on the interpretation of Cell Works, as per the following;

 

·    Confirm that Cell Works includes the list of works prescribed in Schedule 6 of DSP 2;

·    Exclude intersection treatments prior to January 2005 and not charge these costs to the DCP, with only intersection lighting (i.e. and not all lighting) being included as a Cell Work before January 2005 (prior to Amendment 17 to DPS No. 2);      

·    Exclude other roadworks made necessary as a consequence of development and not charging these to the DCP;

·    Include and charge to the DCP only interest or other borrowing costs that were incurred by the City in order to raise funds for Cell Works, including any adjustments to interest attributed to the Cell as a result of the Audit adjustments;

·    Include and charge to the DCP the specified percentage of the cost of laying a single carriageway; 

·    Include and charge to the DCP the full cost of earthworks for a dual carriageway;

·    Include and charge to the DCP the cost of structures including kerbing, service ducts, street lighting, intersection treatments; relocation of existing services, dual use paths, and structures ultimately built for a dual carriageway; and

·    Include and charge to the DCP the costs of relevant environmental offsets as required through the relevant Environment Offset Management Plan/s. 

 

 Communication to Major Cell 1 landowners

 

Since 2014, the major Cell 1 landowners (including Peet, Satterley and Cedar Woods) have made representations to the City that the Cell has over-collected infrastructure contributions, resulting in significant excess funds that should both be recognised and returned to them. 

 

In response, Administration has provided regular procedural updates to the major Cell 1 landowners on the progress of the Transactional Audit and projected timing of an Annual Review.  As part of this, Administration flagged the potential return of excess funds to landowners, advising that the City could potentially consider the possible return of excess funds subject to Council approval, and following the completion of the Transactional Audit.

 

The major Cell 1 landowners have formed a working group and have requested the City to engage with them in a pro-active manner to finalise the Annual Review.  In response, a meeting was held recently with landowners on 8 February 2019 to provide them with a procedural update on the Transactional Audit and Annual Review.  In this regard, Administration outlined its intention to finalise the Cell 1 Review by June 2019 with a report to be presented to the 5 March 2019 Council Meeting to consider the Annual Review and an approach to excess funds; followed by a 42 day advertising period from mid-March; and that the City will meet with landowners throughout the advertising process, with submissions to be considered by Council as soon as possible after the close of the advertising period.

 

Return of excess funds

 

As noted, the City has continued to collect contributions from landowners based on the 2006 ICPL rates. The retention of this rate, along with the following factors has resulted in an excess of funds necessary to complete the cell works in Cell 1:

 

·     Increased residential densities;

·     The acceptance of smaller lot sizes in the market;

·     The generation of significant amounts of interest on the cell accounts;

·     The conservative methodology for calculating Infrastructure Costs under DPS 2; and

·     No Annual Review being undertaken with consideration for actual lot yields (contributions) as a relevant factor.

 

Due to this, the Audit & Risk Committee on 19 February 2019 recommended that Council endorses the return of excess funds in Cell 1 to landowners who have contributed, as a partial pre-payment in advance of the full development of the Cell.

 

Detail

 

There are three fundamental Council decisions required to facilitate the Annual Review, i.e. the review of the Cell’s assessed land value; a review of Estimated Lot Yields and the Infrastructure Cost Per Lot; and determination on whether a partial return of excess funds is appropriate.

 

·    Review of Cells Assessed Land Value

An integral part of reviewing the Cell Costs is to establish revised land values to reflect fair market value for reviewing the cell cost estimates and compensating affected landowners for cell works through subdivision. 

 

The land valuation for Cell 1 was last agreed in November 2015 (PS08-11/2015) at $1,875,000 per hectare ($2,062,500 including 10% solatium). 

 

In accordance with Clause 9.14.3 of DPS 2, if it is necessary for any reason to ascertain the value of any land within a contribution scheme area, then the City is required to appoint a valuation panel to arrive at a consensus value; advertise the proposed value and refer submissions to the Valuation Panel for comment.  After having considered the submissions and any comment from the Valuation Panel, the Council is required to fix the value to be applied.  In this regard, the City engaged a valuation panel and received a consensus agreement on land value (Attachment 3). The valuation panel has recommended a minor reduction in the land value for Cell 1 from $1,875,000 to $1,862,500 ($2,048,750 including 10% solatium).

 


 

·    Review of Estimated Lot Yields and the Infrastructure Cost Per Lot

Administration has prioritised the Annual Review of Cell 1 ahead of other Cells due to the significant amount of excess funds identified through the Annual Review process.

 

Under Clause 9.11 of DPS 2, the review of Cell Costs shall have regard for the actual lots produced (contributions paid) in the Cell since the last review, the remaining Cell Works, any amendments to the ASP, or any other factors the Council considers relevant.

 

The Annual Review has considered all these factors, which has resulted in a significant excess in funds being identified with the findings of the Annual Review outlined in the tables below (also refer Attachment 4).

 

Of particular importance is the ‘current’ estimated excess of $20.8 million after all costs (actual and estimated) have been deducted. A typical DCP calculation (under normal circumstances) would be based on a residual net liability (gross costs less income received) to be apportioned over the remaining undeveloped landowners and the associated ICPL calculated, however, this methodology fails where actual lots created (contributions) and interest are included as a relevant factor in the annual review.

 

It is also noted Council at the meeting of 15 December 2009 (IN05-12/09) considered the Pinjar Road realignment/upgrade project, where the Pinjar Road underpass was deleted in favour of an ‘at-grade’ crossing. To validate the deletion of the underpass the City (as part of the Infrastructure Audit of works) engaged Opus International to complete a walkability audit, where it has been confirmed that an underpass would not be warranted or justified in this location. However, Opus did recommend additional upgrading to footpaths to improve the ‘at grade’ crossing infrastructure, which has been included into the estimates for remaining cell works along Pinjar Road.

 

To proceed with the Review and given Cell 1’s particular circumstances, it is recommended that the City utilises a return of excess methodology to revise the ICPL rate and transition into the finalisation of the Cell.  This will enable a reduction in the current ICPL ($25,836) for remaining landowners by a proportion of the total estimated excess funds at full development. This will also enable Council to recognise the total excess funds that may be partially returned to those landowners that have already paid a contribution, subject to Council agreement.

 

The following table defines the actual Cell expenditure to date, remaining estimated expenditure and Net Transactional Audit adjustments to determine the estimated gross Cell Costs (at full development) and deducts the actual funds received (including interest), resulting in a current estimated excess of approximately $20.8 million.

 

Summary of Annual Review

 

The table below reflects the apportionment of total estimated excess funds at full development, which reflects the current excess plus estimated future income and apportions this amount over the total estimated contributions received (ICPL payments):

 

Apportionment of estimated Credit at full development

 

The revised ICPL rate for future subdividers outlined in the following table:

 

Revised ICPL Rate

 

·    Determination on a partial return of excess funds

 

A conservative return of excess Cell funds to Cell 1 landowners in advance of the full development is considered reasonable due to the following:

 

-     Cell 1 is predominantly developed (approximately 96%), where full development costs have been reasonably interpreted and defined.

 

-     A partial return that retains adequate contingency has been defined.

 

-     Income estimates have been finalised for the Cell, based on estimated remaining lot yield.

 

-     District Distributor Road works relating to the duplication of the northern section of Pinjar Road has been identified in the City’s Capital Works Programme for 2019.

 

The Audit & Risk Committee has recommended that an amount of between 16% to 25% of the estimated return of excess funds should be retained by the City as a contingency in the return of excess funds, prior to full development of Cell 1. The recommended range in contingency was proposed, pending further investigation by Administration into possible variables and external auditing (external auditing of contingency is pending).

 

In reviewing the extent of contingency that should be applied, Administration has only identified two variables; remaining income from the 4% of land still to be developed and reconciliation of outstanding developer balances. The combined value of these factors equates to 12% of the estimated return to landowners that have already paid.

 

On this basis, Administration recommends that Council endorse the retention of 12% contingency in relation to the partial return of excess funds to landowners that have already made a contribution. This equates to a partial return of $20,387,279 and the retention of $2,780,084 excess funds by the City.

 

In relation to the proposed contingency it should be noted that;

 

·    The City has completed a Transactional Audit, an Infrastructure Audit and defined cost estimates in the annual review. The total cost of outstanding cell works has been estimated at $5,769,112;

·    The retention of a contingency by the City would be consistent with the landowners request for a ‘partial’ return (refer Attachment 5), pending the subdivision/development of all the land in the cell;

·    The contingency will ultimately be released to contributing landowners (subject to adjustments) upon full development of the Cell, or other such time as agreed by Council; and

·    Any return of excess funds should occur in a conservative manner, and as such, a contingency of 12% is recommended. It is noted that the 12% contingency figure shall be externally audited by William Buck. Council could adopt a different contingency if it so wished.

 

The Annual Review provisions of DPS 2 do not provide direction to Administration on how to process an early return of excess funds as a partial pre-payment to contributing landowners. Administration has relied upon cl 9.13.3 for guidance (return of excess funds at full development).  However, using a ‘per lot' return as defined in clause 9.13.3 of DPS No. 2 creates two issues.  Firstly, earlier developers will benefit from a disproportionate return based on lots created. In this regard, prior to 2006 contribution rates varied with each annual review and ranged between $4,000 at the beginning of the DCP and $25,835 (2006 ICPL rate). The return provisions of 9.13.3 makes no allowance for adjusting the return amount based on the original ICPL rate paid by the developer.  Secondly, the per 'lot' apportionment excludes large group housing/commercial lots where contributions are charged on a ‘lot potential’ basis and not the ‘number’ of lots, which would result in group housing and commercial developments not receiving a proportional return of the total excess.

 

Whilst Clause 9.13.3 of DPS 2 is based on lots created, Administration recommends that apportionment of total excess contributions (estimated at full development and including interest) should be based on the landowners total ICPL contributions to the total ICPL contributions received for the Cell.

 

On the basis of the above, there is a total estimated excess of $23,167,363 from contributions already made. Administration is recommending a 12% contingency ($2,780,084), which would result in a partial return to these landowners of $20,387,279.

Consultation

The City is required to advertise the proposed land values for a period of 28 days and the revision of Cell Costs for a period of 42 days respectively. Advertising must be carried out by means of advertisements in the West Australian and Wanneroo Times, letters sent to affected landowners and on the City’s website, in accordance with the relevant provisions of DPS 2.  Following Council’s endorsement of this report’s recommendations, Administration will proceed with advertising as per the provisions of the Scheme.

Statutory Compliance

The City is currently in breach of its obligations under Clause 9.11.1 of DPS 2 to review Cell Costs on an annual basis.  The completion of the Annual Review as outlined in this report will bring Cell 1 into statutory compliance with DPS 2.

 

As the City has been undertaking external audits of City accounts, inclusive of the Cell 1 DCP fund annually, the City has complied with the provisions 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

4.2.1 Provide transparent and accountable governance and leadership

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

 

Whilst there are risks associated with the implementation of the Cell 1 Annual Review due to the extended period of time since the last review in 2006, and the resultant excess of funds, the above risks have been identified and considered within the City’s existing Strategic risk register.  Although formal reviews have not been undertaken during this time, the City has implemented ongoing monitoring of the Cell accounts.  It is noted that Council is not required, in accordance with the provisions of DPS 2, to change the ICPL or return funds prior to full development, however this would not address the issue of excess balances in this cell and would perpetuate the excess funds.

 

The work undertaken by the City in relation to the Transactional Audit and updated interpretation of the provisions of DPS 2 reduces the City’s risk of impacts on trust, probity and accountability as it will bring the City to a level of compliance.  The prioritisation of the Cell 1 Annual Review in advance of Cells 2-9, and the recommended return of excess funds to contributing landowners will also mitigate the City’s financial and reputational risks.

Policy Implications

Nil

Financial Implications

Administration has reviewed the City’s position in relation to Cell 1 and notes the Audit & Risk Committee’s recommendation that some infrastructure which has previously been funded through City’s municipal accounts should have been funded by the DCP Cell 1 account.  This includes environmental offsets, lighting and intersection works, which results in approximately $3,853,489 in net adjustments to the cell, as per the following;

 

Administration recommends that the methodology for the Annual Review of costs for the Cell be based on the utilisation of the total ‘estimated excess funds at full development’ as a basis for calculating the revised Infrastructure Cost Per Lot (ICPL) for remaining landowners.  In this regard, it is noted that a reduction in the current ICPL from $25,835.54 to $18,808.74 has been based on applying the estimated total excess funds at full development and by applying a per contribution estimate of returns of $7,026.80 to reduce the ICPL rate.

 

An amount of $23,167,363 has been identified as the estimated portion of the excess at full development applicable to those landowners that have already made a contribution.  In this regard, it is recommended that the partial return of excess funds be facilitated, with a 12% contingency to be retained by the City, which will be held by the City on behalf of the contributing landowners and which will not form part of ‘future’ subdividers claim on future excess funds at full development. On the basis of the above, Administration is recommending a partial return of excess for $20,387,279 and the retention of 12% contingency, which equates to $2,780,084.

 

The methodology of partial return is recommended to be based on the developers contributions (total ICPL paid) as a proportion of total ICPL contributions collected.   

 

Based on the above, it is recommended that a revised rate of $1,862,500 as the proposed average englobo value per hectare and a revised Infrastructure Cost Per Lot (ICPL) rate of $18,808.74 be advertised.  Any excess funds generated on future subdivision or development of land within Cell 1 that is currently undeveloped will need to be apportioned over all contributing landowners within the cell upon the development of all the land within the Cell, or other timing as approved by Council.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.    APPROVES the recommendations contained within the Audit & Risk Committee  Report 6.1 – “Administration of Developer Contributions Arrangements East Wanneroo Cell 1” of 19 February 2019, as per the following;

 

a)    NOTES the background, process and timing in relation to the Annual Review of Cells 1-9 as outlined in this report.

b)  ENDORSES the application of the provisions of DPS 2 in respect of Cell Works to:

i.     Confirm that Cell Works includes the list of works prescribed in Schedule 6 of DSP 2;

ii.    Exclude intersection treatments prior to January 2005 and not charging these to the Developer Contribution Plan, with only intersection lighting (i.e. and not all lighting) being included as a Cell Work before January 2005 (prior to Amendment 17 to DPS No. 2);

iii.   Exclude other roadworks made necessary as a consequence of development and not charging these to the Developer Contribution Plan;

iv.   Include and charge to the Developer Contribution Plan only interest or other borrowing costs that were incurred by the City in order to raise funds for Cell Works, including any adjustments to interest attributed to the Cell as a result of the Audit adjustments;

v.    Include and charge to the Developer Contribution Plan the specified percentage of the cost of laying a single carriageway;

vi.   Include and charge to the Developer Contribution Plan the full cost of earthworks for a dual carriageway;

vii.  Include and charge to the Developer Contribution Plan the cost of structures including kerbing, service ducts, street lighting, intersection treatments; relocation of existing services, dual use paths, and structures ultimately built for a dual carriageway; and

viii. Include and charge to the Developer Contribution Plan the costs of relevant environmental offsets as required through the relevant Environment Offset Management Plan/s. 

c)    NOTES the findings of the Transactional Audit for Cell 1. 

 

d)   ENDORSES the following methodology for the Annual Review for Cell 1, utilising  the total ‘estimated excess funds at full development’ as a basis for calculating the revised Infrastructure Cost Per Lot (ICPL) by;

 

i.     Applying the current Infrastructure Cost Per Lot for Cell 1;

ii.    Applying an estimate for a partial return of excess funds at full development to the Infrastructure Cost Per Lot;

iii.   Adopting the reduced Infrastructure Cost Per Lot for future subdividers;

iv.   Supporting a return of excess funds for Cell 1 to landowners after a contingency of between 16-25% has been retained, noting that a final reconciliation of the Cell 1 accounts will occur upon development of all the land in the Cell. 

e)    ENDORSES the Annual Review for Cell 1 in accordance with the following process and key milestones:

  

i.     Report to Council to consider the Cell 1 Annual Review on 5 March 2019;

ii.    Public advertising of the Cell 1 Annual Review for 42 days from mid-March 2019;

iii.   Consideration of submissions by Council on 7 May 2019 or at a Special Council meeting shortly thereafter.


 

 

2.    APPROVES the methodology for the Annual Review of costs for East Wanneroo Cell 1 by utilising the total ‘estimated excess funds at full development’ as a basis for calculating the revised ICPL for remaining landowners.

3.    NOTES that the reduction in the current ICPL from $25,835.54 to $18,808.74 has been based on applying the estimated total excess funds at full development of the cell and applying a per contribution estimate of returns of $7,026.80 to reduce the ICPL rate.

4.    NOTES that an amount of $23,167,363 has been identified as the estimated portion of excess funds at full development that is applicable to those landowners that have already made a contribution to date and that:

a)    A partial return of estimated excess funds is recommended, pending further reconciliation of the scheme accounts for excess funds upon development of all the land in cell in accordance with Clause 9.13.3 of District Planning Scheme No. 2, or as otherwise agreed by Council;

b)    Notwithstanding the Audit & Risk Committees endorsement of a range of 16%-25%, Administration has determined that a contingency of 12% should be applied and held by the City on behalf of the contributing landowners and will not form part of the ‘future’ subdividers claim on future excess funds at full development of Cell 1. This contingency figure is subject to review and endorsement by external auditors William Buck.

c)    The methodology of partial return is recommended to be based on the developers contributions (total ICPL paid) as a proportion of total ICPL contributions collected.

5.    ADVERTISES the revised rate of $1,862,500.00 as the proposed average englobo value per hectare for East Wanneroo Cell 1 in accordance with Clause 9.14.3 of District Planning Scheme No. 2.

6.    ADVERTISES the revised Infrastructure Cost Per Lot (ICPL) of $18,808.74 for East Wanneroo Cell 1 in accordance with Clause 9.11.5 of District Planning Scheme No. 2.

7.    NOTES that any excess funds generated on future subdivision or development of land within Cell 1 (currently undeveloped) will need to be apportioned over all contributing landowners within the cell upon the development  of all the land within the cell in accordance with Clause 9.13.3 or other methodology agreed by Council; and

8.    NOTES the deletion of the underpass located immediately south of the intersection of Bonanella Entrance and Pinjar Road.

 

 

 

Attachments:

1.

Attachment 1 - East Wanneroo Cell 1 Agreed Structure Plan

18/469019

 

2.

Attachment 2 - Revised Cell 1 Valuation - 2019

19/61288

 

3.

Attachment 3- Cell 1 Overview of remaining income & expenditure

19/67520

 

4.

Attachment 4 - Cell 1 2019 Annual Review of Cell Costs

19/72164

 

5.

Attachment 5 - Joint Letter to City of Wanneroo - Feb 12 2019

19/72991

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                   100


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                   101


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                   102


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                   103


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                106

 

Approval Services

PS04-03/19       Consideration of Amendment No. 171 to District Planning Scheme No.2 - Strata Lot 7 (20) Prindiville Drive, Wangara - Additional  Use

File Ref:                                              36242 – 18/512234

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider a request to amend District Planning Scheme No. 2 (DPS 2) to allow the land use Restricted Premises an additional use on Strata Lot 7 at 20 Prindiville Drive, Wangara (the site).

 

Applicant

Rowe Group

Owners

Mr Kristopher Bond and Miss Hayley Saunders

Location

Strata Lot 7 (20) Prindiville Drive, Wangara

Site Area

310m2

MRS Zoning

Industrial

DPS 2 Zoning

Service Industrial

 

Background

On 4 September 2018, Rowe Group requested the City to consider an amendment to DPS 2 to allow the use class ‘Restricted Premises’ as an additional use on the site to facilitate the continued operation of the business ‘Absolutely Adult’, which has been trading at this location since December 2011. This business is operating between 10 am and 5 pm Monday to Saturday and 12 noon to 5 pm on Sundays.

 

The amendment resulted from a compliance investigation which identified the business was operating without approval.

Detail

Site

The subject premises addresses Mackie Street and is located within a building which accommodates a number of businesses.  ELV & Electronics Specialists and Eagle Blinds Pty Ltd immediately adjoin the site, with Vibe Events & Entertainment and Theatrix Performing Arts Studio located towards Prindiville Drive.

 

Attachment 1 is the location plan of the site including photographs of the building in which several other businesses operate.

Proposal

The proposal seeks to amend DPS 2 to allow the use class Restricted Premises as an additional use on the site to enable the continued operation of ‘Absolutely Adult’ and to modify Schedule 2 of DPS 2 as follows:

 

 

 

 

NO

STREET/LOCALITY

PARTICULARS OF LAND

ADDITIONAL USE AND CONDITIONS (WHERE APPLICABLE)

A41

1-41

Prindiville Drive, Wangara

Lot 7 on Strata Plan 18103 Certificate of Title Volume 2132 Folio 388 (No.20)

Restricted Premises – ‘D’ use

Condition:

Operating hours between 10am and 5pm Monday to Saturday and 12 noon to 5pm on Sundays.

 

·  Amend the scheme map accordingly.

 

The applicant has justified the proposal as follows:

 

1.   The proposed use satisfies the objective of the zone, which is to accommodate a range of showrooms and warehouses, entertainment and recreational activities;

 

2.   The operation of the Restricted Premises would not detrimentally affect the amenity of the area through aspects such as traffic, car parking and noise;

 

3.   The warehouse component of the operation would ordinarily fit within the Warehouse use class which is a permissible (P) use in the Service Industrial zone;

 

4.   The majority of the floor space is a Warehouse where products are stored for distribution; and

 

5.   The shop front is considered to be incidental to the predominant use.

 

Attachment 2 is a copy of the amendment document.

Consultation

Under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) all scheme amendments must be subject to public consultation.  However, before doing so the amendment will need to 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 no objections being received from the EPA, the amendment (being a standard amendment) must be advertised for public comment for a period of 42 days.  Advertising is to occur in the following manner, consistent with Regulation 47:

 

·        Advertisement in a local newspaper for one week;

·        Placement of a sign on affected site(s), giving notice of the proposal;

·        Display notice of the proposal in Council offices;

·        Display on the City’s website; and

·        Referral in writing to affected persons/agencies.

Comment

The proposed amendment will enable the continued operation of ‘Absolutely Adult’ on the site. The front portion of the tenancy is occupied by the shop floor where products are displayed and can be purchased by retail. The rear of the tenancy is used for warehousing of products which are stored for distribution for online sales. The applicant has advised the warehousing and online sales component of the business generates approximately 80 per cent of the business, with the retail portion generating the remaining 20 per cent of the business with approximately five customers visiting the store each day.

 

The site is located within the Service Industrial zone. The objectives of the Service Industrial zone are to accommodate a range of light industries, showrooms and warehouses, entertainment and recreational activities, and complementary business services which by nature would not detrimentally affect the amenity of surrounding areas.

 

Restricted Premises: means any premises used or designed to be used primarily for the sale by retail or wholesale, or the offer for hire, loan or exchange, or the exhibition, display or delivery of:

(a)   publications that are classified as restricted publications pursuant to the Indecent Publications and Articles Act 1902 (as amended); or

(b)   materials, compounds, preparations or articles which are used or intended to be used primarily on or in connection with any form of sexual behaviour or activities.”

 

The proposed Restricted Premises as an additional use is considered to satisfy the objective of Service Industrial zone as its predominant function is to warehouse and distribute the products. The retail component in principle is not dissimilar to many other businesses within the Service Industrial zone which allow customers to purchase warehoused goods via a retail counter. It is recognised the nature of products being sold is different, however, the retail environment is strictly controlled to ensure minors do not enter, with external signage and displays being of a conservative nature. The windows are covered with security shutters when the premises are closed.

 

It should be noted that under the provisions of DPS 2, the use class Restricted Premises can only be considered in the Commercial Zone, where it is a Discretionary (D) use.  Council will recall that at its meeting of 26 April 2015 it considered a proposed change of use from Hairdresser to Restricted Premises in Clarkson Activity Centre at Unit 3 – Lot 782 (1868) Marmion Avenue, Clarkson (DA2015/2175) and resolved to refuse the proposal as it would affect the amenity of and character of the locality (Refer Item PS13-04/16).  The applicant requested the State Administrative Tribunal (SAT) to review Council’s decision. Following SAT mediation, Council reconsidered the application at its meeting on 16 August 2016 and resolved to approve it as Council considered that the Restricted Premises may be compatible with some of the adjoining land uses within the shopping centre (Refer Item CR03-08/16). The approved operating hours are 9 a.m. to 7 p.m. Monday to Sunday.

 

Although Restricted Premises is a Not Permitted Use in Service Industrial zone, allowing it as an Additional use is considered appropriate for the following reasons:

 

·    It satisfies the objective of Service Industrial zone to accommodate warehouses, entertainment and recreational activities, which by nature would not detrimentally affect the amenity of surrounding areas;

 

·    Being located in Service Industrial area it is unlikely to impact on the surrounding industrial land uses and would not detrimentally affect the amenity of the surrounding areas;

 

·    The use has been operating in this location since 2011 with no complaints from surrounding businesses or owners; and

 

·    The predominant warehousing aspect is consistent with surrounding uses, many of which also offer a retailing component.

 

Traffic & Parking

 

One of the justifications provided by the applicant was that the Restricted Premises will not detrimentally affect the amenity of the area through aspects such as traffic and car parking. In this regard the following matters are noted.

 

Traffic

 

The Western Australian Planning Commission’s Transport Impact Assessment Guidelines state that if the number of vehicle trips of a development during peak hour is less than 10, then no traffic information is required. The applicant has advised that there is generally a maximum of five clients visiting the premises each day, with customers more likely to buy on-line. This business has been in operation since 2011 and to date the City has not received any complaints regarding the traffic generated by this business.  Administration is of the view that the proposed land use would not generate more than 10 vehicle trips during the peak hours and that further supporting traffic information is not required.

 

Parking

 

Under the provisions of DPS 2, the car parking standard for the use class Restricted Premises is 7 bays per 100m2, which is same as that for a Shopping Centre.  For a floor area of 310m2, the Restricted Premises would require 21 car parking bays.  However, there are only seven car bays allocated for this premises – two for the staff at the rear of the premises and five for the customers. The applicant has advised that the parking standard for Restricted Premises is considered to be excessive for the following reasons:

 

a.   The land use definition for ‘Restricted Premises’ allows for the sale of material by retail or wholesale.  The prescribed parking provision for a ‘Shopping Centre’ is purely for retail operation. The substantial proportion of the tenancy is used for warehouse purposes.

 

b.   The retail component of the Restricted Premises does not generate the extent of patronage as a typical retail outlet.  Shopping Centres generally offer goods which are sought by customers on a weekly/fortnightly basis, whilst for the Restricted Premises use, the frequency of visits would be significantly less.

 

c.   Owing to the nature of the goods sold and to seek a more discreet/private shopping experience, the majority of retail activity associated with Restricted Premises is through online sales and/or mail order.

 

In addition, the applicant advises that only approximately 20 per cent of the business involves customers attending the premises, with only approximately five customers attending the premises per day.  Consequently the current provision of seven bays to service the development is more than sufficient to cater for the expected demand.

 

Discussion

 

The subject business has been operating from the site since 2011. To date, the City has not received any complaints from the adjoining businesses on the operation of this business. The premises are predominantly used to service the storage and online sales part of the business, which are considered to fall within the land use of Warehouse.  Under the provisions of DPS 2, the car parking standard for Warehouse is 1 car bay per 50m2 gross floor area. At this rate, the required number of bays is six (6). The site has seven (7) car bays.

 

Considering the nature of the land use Restricted Premises and the objective of Service Industrial zone, Administration supports the amendment proposal.

Statutory Compliance

The scheme amendment will follow the statutory process outlined in the Planning and Development Act 2005 and Planning and Development (Local Planning Schemes) Regulations 2015.

 

The amendment is considered to be a Standard Amendment as it would not result in any significant environmental, social, economic or governance impacts on land in the scheme area.

Strategic Implications

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

 “2     Economy

2.1    Local Jobs

2.1.2  Build capacity for businesses to grow

Risk Management Considerations

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.         Pursuant to Section 75 of Planning and Development Act 2005 ADOPTS Amendment No.171 to District Planning Scheme No. 2 to allow the use class Restricted Premises as an additional use at Strata Lot 7 at 20 Prindiville Drive, Wangara and AMENDS Schedule 2 of the DPS 2 as follows:

 

NO

STREET/LOCALITY

PARTICULARS OF LAND

ADDITIONAL USE AND CONDITIONS (WHERE APPLICABLE)

A41

1-41

Prindiville Drive, Wangara

Lot 7 on Strata Plan 18103 Certificate of Title Volume 2132 Folio 388 (No.20)

Restricted Premises – ‘D’ use

Condition:

Operating hours between 10 am and 5 pm Monday to Saturday and 12 noon to 5 pm on Sundays.

 

and the Scheme Map accordingly;

 

2.         Pursuant to Section 35(2) of Planning and Development (Local Planning Schemes) Regulations 2015 RESOLVES that Amendment No. 171 to District Planning Scheme No. 2 is a Standard Amendment for the following reason:

 

The Amendment would not result in any significant environmental, social, economic or governance impacts on land in the scheme area;

 

3.         Pursuant to Section 81 of the Planning and Development Act 2005 REFERS Amendment No. 171 to District Planning Scheme No. 2 to the Environmental Protection Authority; and

 

4.         Subject to approval from Environmental Protection Authority:

 

a)    NOTIFIES the Western Australian Planning Commission of its intent to advertise Amendment No. 171 to District Planning Scheme No. 2 pursuant to Regulation 47(1) of the Planning and Development (Local Planning Schemes) Regulations 2015; and

 

b)    ADVERTISES Amendment No. 171 to District Planning Scheme No. 2 for a period of not less than 42 days pursuant to Regulation 47(2) and 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

 

Attachments:

1.

Attachment 1 - Location Plan and photos

18/517177

 

2.

Attachment  2 - Scheme amendment document 171 doc

18/546817

 

 

 

 

 

 

 


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PS05-03/19       Consideration of  Amendment No. 174 to District Planning Scheme No. 2 (DPS2) - Rezones Lots 9 (4) & 1057 (6) Salcott Road & Lot 1060 (15) Hainsworth Avenue, Girrawheen from Residential to Private Clubs & Recreation

File Ref:                                              36981 – 19/21139

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a request to amend the City’s District Planning Scheme No. 2 (DPS 2) to rezone Lot 9 (4) Salcott Road, Lot 1057 (6) Salcott Road and Lot 1060 (15) Hainsworth Avenue, Girrawheen from ‘Residential’ to ‘Private Clubs and Recreation’.

 

Applicant

Burgess Design Group

Owner

Emmanuel Christian Community School

Location

Lot 9 (4) Salcott Road, Girrawheen

Lot 1057 (6) Salcott Road, Girrawheen

Lot 1060 (15) Hainsworth Avenue, Girrawheen

Site Area

3039m²

MRS Zoning

Urban

DPS 2 Zoning

Residential

 

Background

On 20 December 2019, Burgess Design Group, on behalf of Emmanuel Christian Community School (ECCS) lodged Amendment No. 174 to DPS 2 for the City’s consideration. The purpose of the Amendment is to allow for the expansion of the ECCS as an ‘Education Establishment’ on the above-mentioned lots. Under DPS 2, ‘Education Establishment’ is not permitted (X) in the ‘Residential’ zone and permitted (P) in the ‘Private Clubs and Recreation’ Zone. A location plan of the subject site is contained within Attachment 1.

 

Lot 9 (4) Salcott Road, Girrawheen, was granted development approval for a ‘Kindergarten’ on 20 September 2000 and for a ‘Child Care Centre’ (Pre-Primary Facility) on 15 August 2003. Both the ‘Kindergarten’ and ‘Child Care Centre’ land uses are discretionary ‘D’ land uses within the ‘Residential’ zone of DPS 2. Lot 9 (4) Salcott Road currently accommodates a kindergarten and pre-primary classrooms.

 

On 21 January 2019, the Western Australian Planning Commission (WAPC) conditionally approved a subdivision application (WAPC 157499) to amalgamate Lot 9 (4) and Lot 1057 (6) Salcott Road, Girrawheen. The subdivision plan is contained within Attachment 2.

Detail

Site

The area subject of this amendment is 3,037m² in area and is bound by Pelham Way to the west, Salcott Road to the north, Hainsworth Avenue to the east and neighbouring residential development to the south.

The ECCS and Girrawheen Baptist Church are located directly north of the subject site on Lot 50 (3) Salcott Road, Girrawheen.

 

The amendment area encompasses three lots. Lot 9 currently accommodates a kindergarten and pre-primary school classrooms and both Lots 1057 and 1060 each accommodate a Single House.

Proposal

The proposal seeks to amend DPS 2 by rezoning Lots 9 & 1057 Salcott Road, and Lot 1060 Hainsworth Avenue, Girrawheen, from ‘Residential’ to ‘Private Clubs & Recreation’.

 

The applicant’s justification for the proposal can be summarised as follows:

 

·    The amendment seeks to relocate the primary school students at the Salcott Road ECCS campus to the Casserley Avenue ECCS campus to use the Salcott Road campus and above-mentioned lots solely for high school classrooms. Additionally, the impacts arising from the proposal will be minimal, and are unlikely to be any greater than those that already exist;

 

·    The operation of the ‘Education Establishment’ premises would not detrimentally affect the amenity of the residential area as sufficient car parking exists on the main campus and the amendment area;

 

·    The ECCS Salcott Road campus currently accommodates for 264 students ranging from kindergarten up to year 10. The ECCS intends to expand their services and accommodate for year 11 and year 12 groups and anticipates the number of high school students is estimated to reach up to 338, which is 74 more students than the current ECCS Salcott Road campus accommodates for; and

 

·    The Traffic Impact Statement (TIS) provided demonstrates the proposal to accommodate for 338 high school students will only result in an increase of 36 additional vehicle movements in the peak AM and PM periods. The TIS acknowledges that the older high school students can drive to school, however the TIS states that the increase in vehicular trips is expected to be less than anticipated given that high school students can use alternative modes of transport such as cycling or walking in comparison to primary school students.

 

In addition, the applicant has advised that the lots included within the amendment area may be demolished to make way for new classrooms in the future however, the ECCS has no immediate plans to redevelop the existing school facilities as a result of this amendment;

 

Attachment 3 contains the amendment plan showing the existing zoning and proposed scheme amendment zoning.

Consultation

In accordance with Section 81 of the Planning and Development Act 2005, Amendment No. 174 will need to 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 no objection being received from the EPA, Amendment No. 174 will be advertised for public comment in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations).

 

Prior to advertising of Amendment No. 174, notification must be provided to the Western Australian Planning Commission (WAPC) of Council’s intention to advertise the amendment as a ‘standard’ amendment in accordance with Regulation 47 (1) of the Regulations. On completion of that notification, advertising is proposed to occur in the following manner for a period of no less than 42 days, consistent with the requirements of 47 (2) to (4) of the Regulations:

 

·     Advertisement in a local newspaper;

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

·     Referral in writing to affected persons/agencies.

 

Land Use

 

Lot 9 (4) Salcott Road has existing land use approvals for ‘Kindergarten’ and ‘Child Care Centre’ and currently operates a kindergarten and pre-primary classrooms. The historic use of the land for the primary activities is more akin with the ‘Education Establishment’ land use despite it being approved as a ‘Child Care Centre’ in 2003. As such, the amendment will enable an ‘Education Establishment’ to be considered on the land, consistent with its historic use.

 

Redevelopment of ECCS Campus

 

Administration acknowledges that the applicants do not have any development or concept plans for the future development outcome of the existing classrooms or single houses of the Salcott Road campus. Notwithstanding, any future development of the lots will need to comply with the provisions of DPS 2, pertaining to facade treatments, building setbacks, landscaping, vehicular access points and on-site car parking. Additionally, any development of the campus or on these lots will need to be compatible with the existing residential development in the locality.

 

Parking

 

The car parking standards for the ‘Education Establishment’ use class under DPS 2 differ between primary school and secondary school classrooms. The amendment seeks to relocate the primary school students to the Casserley Avenue ECCS campus and as such, the secondary school car parking standards apply to the Salcott Road campus and existing classrooms situated  on Lot 9 (4) Salcott Road, Girrawheen.

 

Secondary schools require a minimum 60 car parking bays for staff and visitors for the first 600 students, plus seven pick up/set down bays. The TIS provided identifies the amendment anticipates a total of 338 high school students would be accommodated for at the Salcott Road ECCS campus and at Lot 9 (4) Salcott Road, thus requiring a total of 67 on-site car parking bays. A total of 69 car parking bays have been provided for on the main campus at Lot 50 (3) Salcott Road and Lot 9 (4) Salcott Road, Girrawheen, resulting in a two bay surplus.  Administration notes that this Amendment does not propose any development and seeks to utilise the existing car parking facilities on Lot 50 (3) Salcott Road and Lot 9 (4) Salcott Road, Girrawheen.

 

The City has previously received complaints regarding verge parking adjacent to the Salcott Road school campus, however upon investigation by Administration, it was determined the parking was not unlawful. It is noted that a development application will be required to facilitate use of the amendment and as an ‘Education Establishment’ which would be subject to the car parking standards under DPS 2.

 

Traffic

 

The applicant has advised that the proposal to facilitate high school students at the Salcott Road campus and existing classrooms on Lot 9 Salcott Road will only result in an increase of 36 additional vehicle movements in the peak AM and PM periods. Administration is of the view that based on the proposed numbers, any future development proposal would not substantially increase traffic in the locality.

 

The City’s Traffic and Transport Service Unit have reviewed the submitted TIS and have no concerns to the increase in vehicle movements, however they have noted that a pedestrian crossing for students should be provided for between or adjacent to Lot 50 and Lot 9 Salcott Road, Girrawheen. Traffic and Transport have stated that a pedestrian crossing can be provided once the school classrooms are redeveloped through the development application process.

 

Modification to Amendment No. 174

 

The applicant has proposed to include Lot 1060 (15) Hainsworth Avenue, Girrawheen within the amendment area however, this site currently accommodates a Single House which is not used association with the ECCS main campus. Administration considers the rezoning of Lot 1060 to ‘Private Clubs and Recreation’ should not be supported given that any development of an ‘Education Establishment’ on this lot could potentially compromise the single residential character and amenity of the area.

 

It should be noted that Lot 1057 contains a Single House which has not been developed for educational purposes, however this site fronts onto the main ECCS campus and Salcott Road and has been conditionally approved for amalgamation with Lot 9 by the WAPC. In this regard, Administration considers the rezoning of Lot 1057 can be supported.

 

Administration has been advised by the Department of Planning, Lands and Heritage (DPLH) that modifications can be made through the Council resolution Amendment No. 174. In light of this, Administration recommends that Lot 1060 (15) Hainsworth Avenue, Girrawheen be removed from the amendment area and only Lot 9 (4) and Lot 1057 (6) Salcott Road, Girrawheen be rezoned from ‘Residential’ to ‘Private Clubs and Recreation’.

Statutory Compliance

The scheme amendment and local planning policy will follow the statutory process outlined in the Planning and Development (Local Planning Scheme) Regulations 2015.

 

Regulation 35 (2) of the Regulations require a scheme amendment to be classed as basic, standard or complex by a local government to determine the advertising requirements. Amendment No. 174 is deemed by Administration to be a standard amendment, for the reasons as set out below:

 

a)    The amendment is consistent with a region planning scheme that applies to the scheme area (Metropolitan Region Scheme);

 

b)    The amendment would have a minimal impact on land in the scheme area that is not the subject of the amendment;

 

c)    The amendment is not considered to align with the criteria applicable for ‘basic’ and ‘complex’ amendments, prescribed in the Planning and Development (Local Planning Schemes) Regulations 2015;

 

d)    The proposed amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area; and

 

e)    The proposed amendment is not a complex or basic amendment.

 

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

3.4.3  Enhance distinctive built form and spaces based on identity of areas

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

The costs in undertaking further actions in respect to Amendment No. 174 to DPS 2 can be met from the existing Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Pursuant to Section 75 of the Planning and Development Act 2005 ADOPTS Amendment No. 174 to City of Wanneroo District Planning Scheme No. 2, to rezone Lot 9 (4) and Lot 1057 (6) Salcott Road, Girrawheen from ‘Residential’ to ‘Private Clubs and Recreation’;

 

2.       Pursuant to Regulation 35 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 174 of the District Planning Scheme No. 2 is a Standard Amendment, for the following reasons:

 

a)       The amendment is consistent with a region planning scheme that applies to the scheme area (Metropolitan Region Scheme);

 

b)       The amendment would have a minimal impact on land in the scheme area that is not the subject of the amendment;

 

c)       The amendment is not considered to align with the criteria applicable for ‘basic’ and ‘complex’ amendments, prescribed in the Planning and Development (Local Planning Schemes) Regulations 2015;

 

d)       The proposed amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area; and

 

e)       The proposed amendment is not a complex or basic amendment.

 

3.       Pursuant to Section 81 of the Planning and Development Act 2005, REFERS Amendment No. 174 of the District Planning Scheme No. 2 to the Environmental Protection Authority; and

 

4.       Subject to approval from Environmental Protection Authority:

 

a)       NOTIFIES the Western Australian Planning Commission of its intent to advertise Amendment No. 174 to District Planning Scheme No. 2 pursuant to Regulation 47(1) of the Planning and Development (Local Planning Schemes) Regulations 2015; and

 

b)       ADVERTISES Amendment No. 174 to District Planning Scheme No. 2 for a period of not less than 42 days pursuant to Regulation 47(2) and 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

 

Attachments:

1.

Attachment 1 - Location Plan - Amendment No 174 to DPS2 - Lot 9 & 1057 Salcott Road & Lot 1060 Hainsworth Avenue Girrawheen

19/31514

 

2.

Attachment 2 - Amalgamation Plan - Amendment No 174 to DPS2 - Lot 9 & 1057 Salcott Road & Lot 1060 Hainsworth Avenue Girrawheen

19/31516

 

3.

Attachment 3 - Amendment Plan - Amendment No 174 to DPS2 - Lot 9 & 1057 Salcott Road & Lot 1060 Hainsworth Avenue Girrawheen

19/31665

 

 

 

 


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PS06-03/19       Consideration of Development Application (DA2018/509) - Extractive Industry and Bulk Earthworks at Lot 503 (398) Wattle Avenue, Neerabup

File Ref:                                              DA2018/509 – 19/58222

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

 

Issue

To consider an application for development approval (DA2018/509) for Industry - Extractive and Bulk Earthworks at Lot 503 (398) Wattle Avenue, Neerabup.

 

Applicant

Western Australian Land Authority (Landcorp)

Owner

Western Australian Land Authority (Landcorp)

Location

Lot 503 (398) Wattle Avenue, Neerabup

Site Area

319 hectares

MRS Zoning

Industrial and Parks and Recreation

DPS 2 Zoning

Industrial Development

ASP 17 Zoning

Service Industrial and General Industrial

 

Background

On 30 April 2018 the City received a development application for Industry - Extractive (Extractive Industry) at Lot 503 (398) Wattle Avenue, Neerabup (subject site). The application has been under assessment for an extended period of time due to the response timeframes by the applicant to numerous requests for additional information from Administration.

 

Subject site

 

The majority of the subject site is zoned Industrial under the Metropolitan Region Scheme (MRS) and Industrial Development under the City’s District Planning Scheme No. 2 (DPS 2). Under Agreed Structure Plan No. 17 – Neerabup Industrial Area (ASP 17), the Industrial Development portion of the subject site is zoned General Industrial and Service Industrial.

 

A portion of the subject site near the southern boundary is outside of the ASP 17 area. This portion of the site is reserved as Parks and Recreation, with a designation of Bush Forever. There is also a portion of Bush Forever in the north-west of the subject site, which lies within the ASP 17 area. Attachment 1 includes a zoning plan of the subject site.

 

Site context

 

A location plan of the subject site, and surrounding area, is provided in Attachment 2. Of note are the following properties:

 

Property

Detail

Lot 9005 (370K) Flynn Drive, Neerabup (east of subject site)

·    Industry – Extractive with a relevant development approval until 30 June 2030.

·    Uses haul road access which runs through the subject site and provides access/egress to Flynn Drive.

Lot 9000 (569) Flynn Drive and Lot 2 (1650) Wanneroo Road, Carramar (located on the southern side of Flynn Drive)

·    Subject to Agreed Structure Plan 61 – Lots 1 & 2 Flynn Drive (ASP 61).

·    Subject to a subdivision approval for the creation of 209 Residential-zoned lots and 204 Special Residential-zoned lots.  

Lot 502 (450) Flynn Drive, Neerabup (west of subject site)

·    Bush Forever Site 293.

·    Reserved Parks and Recreation under the MRS.

 

The subject site is also in the proximity of:

 

·    Special Rural-zoned lots in Carramar, on the south-eastern side of Flynn Drive; and

·    Service Industrial and General Industrial-zoned lots in the ASP 17 area, to the south-east.

 

Existing Vehicle Access

An existing vehicle access runs through the subject site, which was constructed for the purpose of providing access to Flynn Drive for the quarry located on the adjoining Lot 9005 (370K) Flynn Drive, Neerabup. As part of this development approval for the quarry, a condition was imposed which required that the first 30 metres of the access road from the crossover be sealed in bitumen to prevent debris collected by vehicle wheels from being deposited on the road. Aerial imagery of the subject site illustrates that the crossover to Flynn Drive has been constructed and the access road has been sealed for approximately 300 metres back from the crossover.

Proposal

The application as originally submitted proposed to extract within the portion of the subject site reserved as Parks and Recreation under the MRS, with a designation of Bush Forever. The determining body for any development on this portion of the subject site is the Western Australian Planning Commission (WAPC).

It is noted that Landcorp has lodged an application with the WAPC for this portion to be transferred from the Parks and Recreation reservation to the Industrial zone under the MRS, and for the Bush Forever designation to be removed.  The Department of Planning, Lands and Heritage (DPLH) has indicated that there is currently no timeframe for this amendment to be considered, and advised that any extraction in this area could not be supported under the current Parks and Recreation reservation. This advice was subsequently provided to Landcorp, who agreed to modify their proposal to exclude Extractive Industry from this portion of the subject site.

Detail

This application is for the carrying out of limestone and sand extraction from the subject site, which is consistent with the following definition of Industry – Extractive under DPS 2:

 

Industry – extractive: means the extraction of sand, gravel, clay, peat, soil, rock, stone, minerals or any similar substance from land, and includes the manufacture of products from those materials when the manufacture and storage is carried out on the land from which any of those materials is extracted or on land adjacent thereto.

 

Overview of proposal:

 

·    The duration of extraction is 30 years;

·    Up to 700 000 tonnes of sand and limestone extracted per year;

·    10 – 12 person workforce for operation;

·    Operating hours of 6.30am – 6pm Monday to Friday and 7am to 5pm Saturday (excluding public holidays);

·    Vehicle access to the subject site is proposed to be from the existing access way which runs through the subject site and connects to Flynn Drive;

·    New weighbridge compound, comprised of weighbridge, site office, fuel and water tanks, and security fencing, located adjacent to the existing haul road access through the subject site and is setback approximately 300m from the street boundary. The weighbridge compound is intended to be used by both vehicles from the existing quarry at Lot 9005 (370K) Flynn Drive, Neerabup, and the proposed quarry at the subject site.

 

Detail of proposal:

 

·    Excavation area created with a depth of 10 to 20 metres;

·    Overburden pushed into perimeter bunds around the excavation area;

·    Limestone and sand pushed into stockpiles by bulldozers at the floor of the pit;

·    Stockpile materials taken to crusher and screener to separate limestone and sand;

·    Limestone and sand loaded into road trucks; and

·    Spent excavation area backfilled and compacted and site levels restored to those prescribed in ASP 17. 

 

Stockpiling of materials and operating plant (such as the crusher and screener) is proposed to be located on the floor of the pit, so that visual and noise impacts on surrounding properties can be minimised.

 

The proposed operations will generally proceed south to north, and west to east. Rehabilitation is proposed to be completed progressively, as the pit moves across the subject site. 

 

Attachment 3 includes the plans (A to F) of the proposal, including the following:

 

·    A - extent of proposed extraction;

·    B - excavation staging plan;

·    C - concept industrial subdivision layout, post-extraction;

·    D - cross sections of the interface between the subject site and adjoining sites;

·    E - plan of the existing vehicle access way to Flynn Drive; and

·    F - floor plans and elevations of the structures associated with the weighbridge compound.

 

An Environmental Management Plan has also been provided with the application, which addresses the management of the following issues:

 

·    Fauna and flora;

·    Dieback;

·    Noise;

·    Dust;

·    Karstic systems; and

·    Ground water.

Consultation

Public Consultation

 

The application was advertised for a period of 21 days in accordance with Clause 64(3) of the Deemed Provisions of DPS 2 by means of an on-site sign, written correspondence to surrounding landowners and occupiers, a notice in the local newspaper and a notice published on the City’s website. The advertising period commenced on 12 October 2018 and closed on 6 November 2018.

 

 

 

 

Administration has had due regard to Draft LPP 2.7: Extractive Industry (LPP 2.7) in the advertising of this application. Draft LPP 2.7 sets out that notice in writing should be provided to owners and occupiers of land located a minimum of one kilometre of the subject site. In accordance with Draft LPP 2.7, written notification of the application has been provided to approximately 80 properties to the south of Flynn Drive, 30 properties within the ASP 17 area to the east of the subject site, and the WAPC as the owner of the land to the west of the subject site.

 

A total of four submissions were received during this time, with two objecting to the proposal, and two raising concerns. The main issues raised in the submissions related to:

 

·    Increased heavy vehicle traffic on Flynn Drive, creating road safety risks;

·    Dust and sand drift impacts;

·    Noise impacts;

·    Transfer of limestone and sand sediment onto surrounding road network;

 

A summary of the submissions, and Administration’s response to these, is included as Attachment 4, and are discussed in further detail in the Comment section below.

 

Consultation with other Agencies or Consultants

 

Department of Planning, Lands and Heritage

 

The subject site abuts Flynn Drive, which is reserved as an Other Regional Road under the MRS. Accordingly, the application was referred to DPLH for their comment. The DPLH advised that the subject site abuts the Flynn Drive Other Regional Road Reserve Review area which shows future road widening over a portion of the subject site. The DPLH noted that the proposal will not affect future road reserve widening and that they have no objection to the proposal on regional transport grounds.

 

In addition, the DPLH’s comments were sought as the subject site includes a portion of land reserved as Parks and Recreation under the MRS, with a designation of Bush Forever. MRS Parks and Recreation reserved land is also located on the abutting Lot 502 (450) Flynn Drive, Neerabup. The DPLH advised that they have no objection to the proposal, however, noted that the WAPC is seeking public comment on proposed changes to State Planning Policy 2.4 –Basic Raw Materials (SPP 2.4) and associated guidelines. The implications of draft SPP 2.4 is discussed in further detail in the Comment section below.

 

Department of Water and Environmental Regulation

 

Given the proximity of the subject site to Bush Forever Site 293, the application was referred to the Department of Water and Environmental Regulation (DWER) for comment. DWER advised that the proposal was considered to be of no interest and as such, provided no comment.

 

Department of Biodiversity, Conservation and Attractions

 

Given the proximity of the subject site to Bush Forever Site 293, the application was referred to the Department of Biodiversity, Conservation and Attractions (DBCA) for comment. The DBCA recommended that the extraction activities should not be undertaken directly up to the boundary with the Bush Forever site, as this may increase the chances of unintentional clearing within the Bush Forever site and potential encroachment into the vegetation with quarry materials. DBCA recommended a minimum separation distance of 20 metres between the Bush Forever sites and any extraction activity, in order to mitigate the potential impacts of the quarry activities on the adjacent Bush Forever site. This recommendation will be discussed in further detail in the Comment section below. 

 

Comment

Statement of Planning Policy 2.4 – Basic Raw Materials

 

The subject site is identified as a Priority Resource Location under the Western Australian Planning Commission’s (WAPC) Statement of Planning Policy No 2.4 Basic Raw Materials (SPP 2.4), meaning that it is identified as a location of regionally significant resources. 

 

The objective of SPP 2.4 is to protect priority resource locations, which are defined as regionally significant. SPP 2.4 sets out matters which the City is to consider (as appropriate) before determining applications for extractive industry. These include such matters as:

 

·    The significance of the resource in proximity to the priority resource location;

·    The effect on the environment (including the natural landscape) and agricultural land;

·    The effect of traffic, noise, dust and vibration on the amenity of the surrounding area;

·    The ability to rehabilitate the land so it is compatible with long term planning for the locality; and

·    The land which has been subject to resource extraction should be available for other land uses post extraction.

 

Such matters – and the effects on surrounding locality – are discussed in more detail within the subsections below.

 

It is noted that the WAPC has recently released proposed changes to SPP 2.4, and the associated guidelines and mapping, for the purpose of advertising. Council considered the proposed changes to SPP 2.4 at its 5 February 2019 meeting, and endorsed a submission that was provided to the DPLH.

Under Draft SPP 2.4, the subject site is located with the Significant Geological Supplies area, which is the highest priority extraction area for basic raw materials.

ASP 17 Considerations

 

ASP 17 provides a plan showing final surface contour levels which must be achieved prior to subdivision and/or development on the site. As outlined in the Detail section above, this application proposes to restore site levels to those prescribed in ASP 17 following each stage of extraction.  

 

ASP 17 also sets out the requirements for vertical separation between the extent of the excavation and the groundwater levels. The application submitted demonstrates that the required separation distances will be achieved. Notwithstanding, a condition is recommended for compliance with the separation distances set out in ASP 17, should approval be granted.

 

Draft Local Planning Policy 2.7: Extractive Industry

 

The assessment of the proposal had due regard to the provisions of Draft LPP 2.7, which establishes the City’s standards for the assessment and determination of applications for development approval of Extractive Industry. Draft LPP 2.7 sets out guidance on the Environmental Management Plan to be provided, time limiting approvals for Extractive Industry applications and the appropriateness of the sequential land use of site post-extraction.

 

The applicant provided an Environmental Management Plan in accordance with Draft LPP 2.7. Compliance with the Environmental Management Plan provided is recommended as a condition of any development approval issued.

 

As outlined in further detail below, a term of 10 years has been recommended as a condition of any development approval issued, which is consistent with Draft LPP 2.7, and other approvals issued for Extractive Industry applications.

 

In relation to sequential land use of site post-extraction, Plan ‘C’ of Attachment 3 contains a concept subdivision plan for the future industrial development across the subject site. The applicant has advised that the intent of the operations is to progressively extract the materials south to north, with site levels then being restored to those prescribed in ASP 17, followed by subdivision applications for the creation of industrial lots.

 

Draft LPP 2.7 also defines the ‘disturbance area’ of an Extractive Industry as follows:

 

Disturbance Area: means the portion of land the subject of an Extractive Industry application which would be disturbed (from its natural/current state) as a result of the Extractive Industry, and includes the extraction area, areas used for storing of plant, materials, equipment, ancillary buildings, battering, bunds, screening, vehicle access and parking, as well as areas to be rehabilitated.

 

The disturbance area for the proposal is shown in Plan ‘A’ of Attachment 3 as the ‘Lot 503 Phase 1 Application Boundary’.  

 

Interface with Adjoining Sites

 

Plan ‘D’ of Attachment 3 includes cross sections of the interface between the disturbance area and the adjoining sites. These interfaces are discussed in further detail below.

 

Bush Forever Site 293 (West)

As shown in Plan ‘D’ of Attachment 2, the subject site abuts Bush Forever Site 293, which is located across Lot 502 (450) Flynn Drive, Neerabup, with a portion being located in the south-west of the subject site. As noted above, the DBCA has reviewed the application and has recommended that a 20 metre buffer be imposed between the boundary of Bush Forever Site 293 and any extraction activity on the subject site, so as to mitigate potential impacts from the extraction activity. This 20 metre buffer is shown on Plan ‘D’ of Attachment 3, and the imposition of this buffer is recommended as a condition of any development approval granted.

Flynn Drive (South)

 

There will be a 20 metre buffer between the Flynn Drive lot boundary and the start of the batter going down into the pit.

 

Lot 9005 (370K) Flynn Drive, Neerabup (East)

 

As shown in Plan ‘D’ of Attachment 3, the existing levels on the subject site are higher than those of the adjoining Lot 9005 (370K) Flynn Drive, Neerabup. As material is removed within the subject site, the final surface contours will be brought down to provide continuity with the surface contours of the adjoining Lot 9005.

 

Remainder of Subject Site (North)

 

There will be a 10m fire break between the top of the northern-most batter and the remainder of the subject site.

 

 

 

 

 

Extraction within Service Industrial portion of subject site

 

The southern portion of the subject site is zoned Service Industrial under ASP 17. Industry – Extractive is not permitted ‘X’ within the Service Industrial zone, meaning that it is not capable of approval in this area.

 

As discussed above, ASP 17 provides a plan showing final surface contour levels which must be achieved prior to subdivision and/or development on the site. It is noted that the existing surface levels within the Service Industrial portion of the subject site are approximately 10 metres above the final levels set out in ASP 17. Therefore, prior to any future subdivision or development within this portion of the subject site, bulk earthworks would be required to reduce the existing levels to those prescribed in ASP 17. Administration therefore considers that the operations within this portion of the subject site could be considered as bulk earthworks and approved as part of this application. It is noted that bulk earthworks is not a land use under DPS 2, and as such there is no corresponding permissibility within the Service Industrial zone. The City’s Local Planning Policy 4.18 – Earthworks and Sand Drift (LPP 4.18) defines earthworks as follows:

 

Earthworks: means any works which alter the levels of a site which may include recontouring, filling, cutting, draining and/or stabilising of land as part of works associated with the development of land.

A condition is recommended on any approval granted, specifying that only Bulk Earthworks is approved within the Service Industrial portion of the subject site, and that no Industry – Extractive use is to take place within this area. This means that no processing of materials associated with Industry – Extractive may take place within the Service Industrial portion of the subject site.

LPP 4.18 stipulates that a Dust Management Plan is provided as part of any application for bulk earthworks, or is conditioned as part of any development approval granted. The Dust Management Plan provided with the application is discussed in further detail below.

Proximity of Extractive Industry and Bulk Earthworks to Sensitive Land Uses

 

The Environmental Protection Authority (EPA) Guidance Statement No. 3 – Separation Distances between Industrial and Sensitive Land Uses (Guidance State No. 3) is intended to provide generic default buffers to mitigate potential noise and dust impacts associated with Extractive Industry. As set out in Guidance Statement No. 3, these buffer distances are not intended to be absolute separation distances, and reduced buffer sizes may be appropriate where management of the relevant impacts can be sufficiently demonstrated.

 

The recommended separation distance set out in Guidance Statement No. 3 is 300 – 500 metres between sand and limestone extraction and sensitive land uses (namely, residential development).

 

As illustrated in Attachment 5, the subject site is approximately 80m to the closest area of Residential-zoned land, located to the south of Flynn Drive on Lot 9000 (569) Flynn Drive, Carramar. As noted in the Background section, this area is subject to subdivision approvals for Residential and Special Residential-zoned lots. The proximity of these areas to Flynn Drive was considered as part of subdivision applications affecting Lot 9000 (569) Flynn Drive, Carramar, and the followings conditions were imposed:

 

·    Notifications on the titles of those lots closest to Flynn Drive, to the effect that these lots may be affected by transport noise;

·    Noise bunds and acoustic walls to be constructed along the boundary with Flynn Drive; and

·    Quiet House Design measures to be included in the construction of housing closest to Flynn Drive.

 

While these measures above were imposed as subdivision conditions in recognition of transport noise from Flynn Drive, they are also considered to contribute to mitigating any noise impacts from operations on the subject site. It is also noted that a large area of land zoned “Private Clubs/Recreation” is included within this subdivision area along the boundary with Flynn Drive. The effect of this Private Clubs/Recreation area is that it minimises the exposure of residential lots within the subdivision area to the Flynn Drive boundary.

 

It is noted that no subdivision clearance application has yet been lodged for the approved subdivision at Lot 9000 (569) Flynn Drive, Carramar. The applicant has recognised that the largest potential area of impact on sensitive land uses will be from the south-eastern portion of the lot, where the separation distance is approximately 80 metres. The applicant has therefore suggested commencing the first stage of operations from the south-east moving west (rather than south-west moving east as identified in staging plan in Plan ‘C’ of Attachment 3). This would mean that operations in the south-east corner could be progressed and finalised as quickly as possible, prior to residential lots being created to the south of Flynn Drive. This reversal of stages 1 to 5 has been included as a recommended condition of any approval granted. 

 

As discussed below, Administration considers that the application has sufficiently demonstrated that the potential impacts of noise and dust from the proposal can be sufficiently managed. Therefore, Administration considers that the proposed deviation from the generic default buffer set out in Guidance State No. 3 is acceptable.

 

Noise

 

Two of the submitters objected to the proposal as they consider it will produce excessive noise which will negatively impact the amenity of the existing and future residential and rural residential areas to the south of Flynn Drive.

 

It is noted that the closed residential dwelling is approximately 85m south of the subject site. The City’s Health Services has reviewed the application and has advised that the provision of an Acoustic Report as part of the development application is not considered necessary given the separation distances to noise sensitive land uses.

 

It is noted that the noise levels generated from the proposed activities are required to comply with the Environmental Protection (Noise) Regulations 1997 (Noise Regulations) at all times.

 

A condition has been recommended for the landowner to keep a complaints log in which any complaints relating to noise must be recorded, including the steps taken in relation to the complaint. This complaints log is required to be submitted to the City on an annual basis. An additional condition is recommended for operations on site to cease immediately where compliance with the Noise Regulations cannot be maintained.

 

These conditions are considered appropriate to ensure that the operations at the subject site comply with the requirements of the Noise Regulations.

 

Dust and Sand Drift

 

All of the submissions raised concerns with the potential for the proposed development to result in sand drift over the surrounding areas. Concern was also raised that sand and limestone sediment will be brought on to the surrounding road network, creating a slippery road surface.

 

 

 

In addition to the above, it is also noted that the City has received numerous complaints regarding sand drift and limestone residue being brought onto the surrounding road network from the existing limestone quarry at the adjoining Lot 9005 (370K) Flynn Drive, Neerabup. Investigation by the City has found these complaints to be substantiated, namely during the wetter winter months. The City has issued notices of non-compliance and has liaised with the landowner to address the complaints received. Any future complaints relating to the existing limestone quarry will be investigated by the City.

 

The Dust Management Plan (DMP) provided with the application has identified that the main source of dust from the site is expected to be from vehicle transport of materials, rather than excavation. The DMP has identified the following dust management strategies, which the applicant has advised have been considered with regard to the former DEC (now DWER) applicable Guidelines (Guidelines for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities):

 

·    Vegetation will be cleared and topsoil stripped in months and conditions less conducive to dust generation;

·    The total area disturbed or open at any one time will be minimised;

·    A water cart, stationed on-site, will be used to water roads to prevent the generation of dust; and

·    All vehicles leaving the site required to have loads covered.

 

Administration has reviewed the above dust management measures, and has advised that they are acceptable, subject to the following measures also being undertaken:

 

·    Perimeter bunds made from overburden are to be hydro-mulched and seeded as soon as practical;

·    Screening to be provided along the southern lot boundary;

·    Installation of a heavy duty wheel wash to be used by vehicles exiting the subject site; and

·    Surrounding roads are to be swept clean at the end of each day wherever sand is visible.

 

It is considered that the requirement for a wheel wash will also serve to address the ongoing compliance issues with the existing limestone quarry at the adjoining Lot 9005 (370K) Flynn Drive, Neerabup, as both sites will be using the same vehicle access and weighbridge compound.

 

A condition has been recommended for a consolidated DMP to be provided for the City’s approval, prior to the commencement of any development, which addresses the dust management measures recommended above.

 

Traffic and Road Safety

 

Traffic Volumes

 

A number of submissions raised concerns with the potential for the proposed development to increase the amount of vehicle traffic in the area.

 

As discussed in the Background section of this report, the subject site is adjacent to existing quarrying activities on Lot 9005 (370K) Flynn Drive, Neerabup, which is operated by WA Limestone. As part of the development approval for this existing quarry, vehicle access was proposed through the subject site, with a crossover onto Flynn Drive. The proposed quarry on the subject site is intended to also use this existing vehicle access and crossover. 

 

 

 

The applicant has advised that the approximate yearly output of the existing WA Limestone quarry is 700 000 – 800 000 tonnes, which is comparable to the expected output of the proposed quarry on the subject site (700 000 tonnes).The applicant has also advised that records from the past 30 years indicate that peak market demand for sand and limestone is limited to 700 000 tonnes per year, meaning that the operation of a second quarry on the subject site would not be expected to increase overall supply of these materials. As such, the applicant has indicated that they do not expect a net increase in traffic from that associated with the existing WA Limestone quarry.

 

Notwithstanding the above, a Traffic Impact Statement (TIS) has been provided with the application, which assumes that both the existing WA Limestone quarry and proposed quarry each operate at their respective maximum capacities. Under this scenario, the proposed quarry at the subject site is expected to generate a maximum of 300 vehicle trips per day (VTPD), in addition to the maximum 300 VTPD associated with the WA Limestone quarry. The TIS identifies that, as a Regional Distributor Road, Flynn Drive has a capacity of 13 500 VTPD. The City’s Traffic Services has reviewed the TIS and has advised that the adjacent roads and intersections are adequate to accommodate the predicted traffic volumes associated with the proposed quarry.

Road Safety

Three of the submissions also raised concern with potential road safety issues associated with having heavy vehicles access and egress Flynn Drive.

The TIS concluded that visibility at the existing vehicle access on Flynn Drive, which the proposed quarry will also be using, is in excess of 180 metres in both directions and complies with the requirements of Austroads for the posted 80 kilometres per hour speed limit.

In addition to the above, the City’s Traffic Services has reviewed the access arrangements proposed as part of this application and have advised as follows:

·    The crossover to Flynn Drive is situated on the apex of a bend and as such there is adequate sight lines in either direction for trucks entering Flynn Drive; and

·    Vehicles on Flynn Drive approaching this crossover have adequate sight lines to the trucks entering Flynn Drive.

It is also noted that advance warning signs of trucks entering Flynn Drive are present for both the western and eastern approaches to the subject site’s Flynn Drive vehicle access.

Caves and Karstic Features

The subject site falls within the Low to Medium Karst risk area as identified in Local Planning Policy 4.13: Caves and Karstic Features (LPP 4.13). Table 1 of LPP 4.13 requires a “Geotechnical Report” to be provided where prior planning stages specifically request further karst investigation. As prior planning stages (Structure Planning) have not required for this to occur, Administration is satisfied that the provisions of LPP 4.13 have been met without the need for the applicant to submit a further geotechnical report to support the excavation.

 

Notwithstanding the provisions of LPP 4.13, it is still considered that a geotechnical report be provided to support the restoration of the site levels on conclusion of the excavation, as required under ASP 17. The requirement for the applicant to provide the Geotechnical Report once ground levels are restored is recommended as a condition of any development approval issued.

 

 

State Planning Policy 3.7 – Planning in Bushfire Prone Areas

 

State Planning Policy 3.7 – Planning in Bushfire Prone Areas (SPP 3.7) requires applications for development in bushfire prone areas to be accompanied by a Bushfire Attack Level (BAL) assessment. The BAL assessment provided by the applicant identifies the majority of the site as BAL LOW, in light of the vegetation clearing required prior to extraction.

 

The subject site is covered by an endorsed Bushfire Management Plan (BMP), dated June 2017, for ASP 17 area. Additional bushfire management measures are also contained within the Environmental Management Plan contained within the application. Compliance with the ASP 17 BMP and the Environmental Management Plan are recommended as conditions of any development approval issued.

 

Weighbridge Compound and Staff Parking

 

The weighbridge compound is setback approximately 300m from the Flynn Drive lot boundary, which is compliant with the street setback provisions of DPS 2.

 

In relation to the provision of vehicle parking on the subject site, it is noted that DPS 2 does not outline specific parking requirements for Industry – Extractive. In accordance with Clause 4.14.1 of DPS 2, the Council may therefore determine the appropriate parking standard to be applied. Administration notes that developments such as that proposed typically have a low staff to land area ratio, and do not have customers visiting the site. Therefore it is considered appropriate to apply a parking standard of one bay per staff member at the site at any one time.

 

The applicant has advised that operations will typically involve 10 to 12 staff on-site at any one time.  Administration considers that there is sufficient area within the weighbridge compound for this number of staff vehicles.

 

Operating Hours

 

The proposed operating hours are 6.30am to 6pm Monday to Friday and 7am to 5pm Saturday. These operating hours are comparable to the operating hours of the existing queries in the Neerabup area. The Environmental Management Plan, which has been discussed above, sets out the measures required to mitigate potential impacts on surrounding land uses based on the operating hours proposed.

 

Duration of Approval

 

The applicant has proposed to continue to carry out sand extraction for 30 years. However, consistent with Draft LPP 2.7, Administration is proposing conditions that limit the term of the approval to a maximum of two consecutive five year periods. The conditions are worded in such a way that the second five year period could only be carried out by the applicant if they can demonstrate that they have satisfied the conditions of development approval during the first five year period. Following this 10 year approval period, the applicant can then apply to the City to extend the approval further.

 

Extractive Industry Licence Application

At the same time as the development application was lodged, the applicant also lodged an application for an extractive industry licence, made under the City’s Extractive Industries Local Law 1998 (Local Law). In accordance with the Local Law, for the City to grant a licence, it must at least first grant a correlating development approval for the extraction of materials. The Local Law also requires copies of any environmental approval, including vegetation clearing permit (issued by DWER), prior to the issuing of the extractive industry licence. It is noted that development approval is required prior to the issuing of a vegetation clearing permit. The extractive industry licence will therefore be progressed by the City, following the determination of DA2018/509 and the submission of the relevant environmental approvals.

Conclusion

The development application for Industry – Extractive and Bulk Earthworks at Lot 503 (398) Wattle Avenue, Neerabup has been assessed against the relevant legislation and planning requirements. The proposed land use and works are considered acceptable under the provisions of DPS 2, ASP 17 and the relevant local and state planning policies. Administration therefore recommends the proposed development be approved, subject to the recommended conditions.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2 and Agreed Structure Plan No. 17 – Neerabup Industrial Area.

Strategic Implications

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

 “2     Economy

2.2    Strategic Growth

2.2.6  Focus on industry development in key strategic areas such as Neerabup

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 with reference to the provisions of the following policies:

 

·    Statement of Planning Policy 2.4 – Basic Raw Materials (SPP 2.4) – including draft version dated October 2018

·    State Planning Policy 3.7 – Planning in Bushfire Prone Areas

·    Environmental Protection Authority Guidance Statement No. 3 – Separation Distances between Industrial and Sensitive Land Uses

·    Draft Local Planning Policy 2.7 – Extractive Industry

·    Local Planning Policy 4.13 – Caves and Karstic Features

·    Local Planning Policy 4.18 – Earthworks and Sand Drift

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, and under the provisions of the Metropolitan Region Scheme, APPROVES the Application for Development Approval (DA2018/509), as shown in Attachment 3, for Industry – Extractive and Bulk Earthworks at Lot 503 (398) Wattle Avenue, Neerabup, subject to the following conditions:

 

Term of Approval

 

a)      Subject to the following paragraphs (i) to (iii), this approval shall be valid for a total period of 10 years from the date of approval, consisting of two consecutive five year periods from the date of issue:

 

i)       At least 12 months (but not more than 18 months) prior to the end of the first five year period of this approval, the landowner shall submit to the City of Wanneroo a report (Compliance Report) outlining compliance with the conditions subject to this approval.

 

ii)      With the aid of the Compliance Report, Administration shall within six months of receiving the Compliance Report, review the landowner’s compliance with these conditions (including compliance with any associated plan, permit or direction).

 

iii)     If Administration forms the view (acting reasonably) that the Compliance Report is satisfactory, or if Administration does not complete their review within six months of receiving the Compliance Report, the second five year period of this approval will commence from the later date of either:

 

·        The expiry of the first five year period; or

·        The date six months from when the Compliance Report is submitted.

 

b)      The second five year period of this approval will not commence if a Compliance Report is not provided;

 

c)      If Administration forms the view under Condition (a)(ii) above (acting reasonably) that the Compliance Report is unsatisfactory or that the landowner’s compliance report with these conditions is unsatisfactory:

 

i)       Administration shall as reasonably as possible inform the landowner in writing of the matters considered to be unsatisfactory.

 

ii)      If those matters are addressed by the landowner to the satisfaction of Administration (acting reasonably) prior to the expiry of the first five year period, then the second five year period will commence in accordance with Condition (a)(iii) above.

 

iii)     Otherwise, the second five year period referred to in Condition (a) above will not commence unless further development approval is sought and obtained and all structures, plant, machinery, equipment and other material erected on Lot 503 (398) Wattle Avenue, Neerabup pursuant to this approval shall be removed and the site shall be rehabilitated as outlined in this approval.

 

Lapse Period

 

d)      Notwithstanding Conditions (a) and (b) above, if the development the subject of this approval is not substantially commenced within a period of 24 months from the date of approval, the approval shall lapse and be of no further effect. Where an approval has lapsed, no further development shall be carried out without the further approval of the City having first been sought and obtained.

 

 Boundaries of the Disturbance Area

 

e)      With the exception of vehicular access, all clearing of vegetation and operations relating to this approval shall be confined within the ‘Lot 503 Phase 1 Application Boundary’ (the Disturbance Area), as indicated on Plan ‘A’ of Attachment 3. No other areas of Lot 503 (398) Wattle Avenue, Neerabup shall be utilised in a manner subject to this approval without the further development approval of the City.

 

f)      A 20 metre buffer shall be maintained between the boundary of Bush Forever site 293 and any excavation activity (including batters) on the subject site.

g)      Only Bulk Earthworks shall take place within the portion of the subject site which is designated as Service Industrial under ASP 17, and depicted on Plan ‘A’ of Attachment 3. No Industry – Extractive activities are to take place within this area.

Staging Plan

 

h)      With reference to the excavation staging plan in Plan ‘B’ of Attachment 3, the first five years of excavation shall commence on the eastern boundary and move west.

 

Hours of Operation

 

i)        The hours of operation for the approved development shall be from 6.30am– 6pm Monday to Friday and 7am to 5pm Saturday. The approved development shall not operate on Sundays or Public Holidays. 

 

Environmental Management Plan

 

j)       Development on the subject site shall comply in all respects and at all times with the Environmental Management Plan (entitled Planning Consent Application and dated 28 March 2018). In the event of any inconsistency between the conditions of this approval and the Environmental Management Plan, the conditions of this approval will prevail to the extent of any inconsistency.

 

k)      Any cutting, grinding, chipping or mulching of vegetation to be utilised for  soil stabilisation or dust suppression on the site shall at all times occur within the Disturbance Area. Unless agreed to in writing by Administration, material not utilised on the site for soil stabilisation and dust suppression shall be disposed of at a landfill site that is acceptable to Administration.

 

l)       Development is to comply with the Neerabup Industrial Area Bushfire Management Plan, prepared by Strategen and dated June 2017.

 

m)     An amended Dust Management Plan is to be provided to the City for approval, prior to the commencement of development. The Dust Management Plan in to address the following to the satisfaction of the City:

i.       Perimeter bunds made from overburden are to be hydro-mulched and seeded as soon as practical;

ii.      Screening to be provided along the southern lot boundary;

iii.     Installation of heavy duty wheel wash prior to the commencement of development; and

iv.     Surrounding roads to be swept clean at the end of each day wherever sand is visible.

   The development is to then operate in accordance with the approved Dust              Management Plan.

 

Predictive Contour Plan and Rehabilitation Plan

 

n)      By 31 July 2019 and thereafter by 31 July on each subsequent year, the applicant/landowner shall submit a Predictive Contour Plan, to illustrate the intended depth and direction or excavation and extent of rehabilitation in the coming 12 month period;

 

o)      The Disturbance Area shall be progressively rehabilitated when final contour levels and grades for each stage are achieved and within 12 months of the closure of each stage.

 

p)      Within six months following the expiration of this approval the landowner shall provide the City a detailed feature and contour survey of the site, and a geotechnical, compaction and stabilisation certification of the excavated floor of each stage.

 

Ancillary Facilities

 

q)      All ancillary facilities, such as (but not limited to) ablution and lunchroom facilities shall be provided on site prior to the commencement of operations.

 

Access

 

r)      Access to Lot 503 (398) Wattle Avenue, Neerabup shall only be from Flynn Drive where indicated on the site plan.

 

          Excavation Plan

 

s)      Development on the subject site shall comply in all respects and at all times with Attachment 3. In the event of any inconsistency between the conditions of this approval and Attachment 3, the conditions of this approval will prevail to the extent of any inconsistency.

 

         


 

Groundwater Separation

 

t)       Excavation shall not occur where the surface level will have a vertical separation distance of less than (whichever is greater):

i.       1.2 metres from the average annual maximum groundwater level; or

ii.      2.0 metres from the groundwater contours shown in the Water and Rivers Commission Groundwater Atlas; or

iii.     Any vertical separation as prescribed by the Department of Water or the City.

u)      Excavation shall not continue if at any stage it becomes reasonably apparent to the landowner or to the Manager Approval Services that to proceed would be detrimental to groundwater.

 

Noise Management

 

v)      If at any time compliance with the  Environmental Protection (Noise) Regulations 1997 cannot be maintained, the operations on site shall immediately cease until such time that operations can comply with the aforementioned Regulations;

 

Complaints and Annual Report

 

w)     The landowner shall keep a complaints log in which the following is to be recorded:

 

i.       The date and time, where relevant, of each compliant made and received;

ii.      The means (telephone, email or mail) by which the complaint was made;

iii.     Any personal details of the complainant that were provided or, if no details were provided, a note to that effect;

iv.     The nature of the complaint (including a description of the operations and the equipment to which the complaint relates);

v.      The steps or actions taken in, and the timing of, the response to each complaint, including the follow up contact with the complainant; and

vi.     If no actions or steps were taken in relation to the complaint/enquiry, the reason(s) why no actions or steps were taken.

x)      By 31 July each year, a report (Annual Report) shall be submitted to the City that includes, in response of the period from 1 July to 30 June of the year in question:

 

i.       The progress of the excavation activities;

ii.      Production levels;

iii.     The progress of rehabilitation undertaken and completed;

iv.     The measures taken to suppress and minimise dust;

v.      The measures taken to suppress and minimum noise;

vi.     The number and types of community complaints and responses, and whether and how much complaints have been resolved; and

vii.    Results of noise, dust and bore monitoring.

 

Miscellaneous

 

y)    All activities pertaining to any vehicle or equipment wash-down or servicing shall be confined to a wash down area with a pollutant trap within the Disturbance Area, which shall be provided before vehicle or wash-down or servicing commences on the site.

 

z)    No explosives shall be stored on Lot 503 (398) Wattle Avenue, Neerabup and no blasting shall be carried out without the written approval of the Manager Approval Services.

 

aa)   The landowner is to erect and maintain a perimeter security fence around the Disturbance Area.

 

2.   ADVISES the submitters of Council’s determination; and

 

3.   ADVISES the applicant that it is their responsibility to comply with all other applicable legislation and obtain all the required approvals, licences and permits prior to development.

 

 

 

Attachments:

1.

DA2018/509 - 398 Wattle Avenue, Neerabup - MRS, DPS 2 and ASP 17 Zoning Plan

19/34335

 

2.

DA2018/509 - 398 Wattle Avenue, Neerabup - Location Plan

18/529006

 

3.

DA2018/509 - 398 Wattle Avenue, Neerabup - Detailed Plans of Proposal

19/824

Minuted

4.

DA2018/509 - 398 Wattle Avenue, Neerabup - Summary of Submissions

19/34489

 

5.

DA2018/509 - 398 Wattle Avenue, Neerabup - Proximity of Subject Site to Sensitive Land Uses

19/25986

 

 

 

 

 

 

 

 

 

 


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PS07-03/19       Consideration of Development Application (DA2018/1197) - Change of Use from Showroom to Recreation Centre - Unit 3, Lot 381 (10) Pensacola Terrace, Clarkson

File Ref:                                              DA2018/1197 – 19/17579

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

 

Issue

To consider a development application (DA2018/1197) for a Change of Use from a Showroom to Recreation Centre (Pool and Snooker) at Unit 3, Lot 381 (10) Pensacola Terrace, Clarkson (subject site).

 

Applicant

Carl Caton

Owner

Goldmile Corp Pty Ltd

Location

Lot 381 (10) Pensacola Terrace, Clarkson

Site Area

Unit 3: 400m2

Lot 381 (10) Pensacola Terrace, Clarkson: 4,447m2

MRS Zoning

Urban

DPS 2 Zoning

Centre

ASP 2 Zoning

Business

 

Background

On 15 August 2018, the City received a development application for a Change of Use from a Showroom to a Recreation Centre (Pool and Snooker) at Lot 381 (3/10) Pensacola Terrace, Clarkson (subject site). A location plan of the subject site is included in Attachment 1.

Detail

The development application proposes a Change of Use from a Showroom to a Recreation Centre which is a “D” (Discretionary) use in the Business zone. The details of the development are as follows:

 

·    The use of the premises for pool and snooker activities;

·    The incorporation of a lounge area to accommodate a future small bar area for the purpose of serving food and drinks (incidental to the Recreation Centre and subject to a liquor licence).

·    A maximum of 57 staff and patrons at any one time; and

·    Operating hours between 11am – 12am Monday to Saturday and 12pm – 11pm Sunday.

 

Further information on the operation of the proposed Recreation Centre is included as Attachment 2.  The site plan and floor plan for the subject site are included in Attachment 3.

Consultation

The proposal was advertised to the surrounding residential landowners along Pensacola Terrace and St Kilda Turn, Clarkson as indicated on Attachment 1.  Advertising was undertaken by the City in writing for a period of 21 days commencing on 24 October 2018 and closing on 14 November 2018.

Following consultation, three submissions were received which all objected to the proposal. The main issues raised during the advertising period relate to:

 

·    The potential for the Recreation Centre to create parking issues in the area;

·    The generation of additional noise due to late operating hours;

·    The proposal not being a compatible land use in the area;

·    The generation of anti-social behaviour due to late operating hours; and

·    A reduction in housing values for nearby properties.

 

The issues raised in the submissions are discussed in further detail in the Comment section below. A summary of submissions and Administration’s comments are included in Attachment 4.

Comment

The application has been assessed in accordance with the provisions of DPS 2 and ASP 2. The main issues identified by Administration relate to the appropriateness of the land use within the ASP 2 area and the compatibility with the objectives of the Business zone. These issues, as well as those identified in the submissions received are discussed in further detail below.

ASP 2 Zoning

 

The ASP 2 area is centred around Ocean Keys Boulevard as the main street. Surrounding the main street is Commercial-zoned land, surrounded by Mixed Use, Business and Residential Zones. This is shown in Attachment 5. The subject land is located within the Business zone under ASP 2, of which the primary objectives are:

 

·    To provide for a range of retail and wholesale outlets dealing predominantly in bulky goods;

·    To create a retail environment that complements the Clarkson Activity Centre and the residential/mixed use areas;

·    To provide a compatible land use buffer between the major traffic thoroughfares and the residential areas; and

·    To provide an interesting and attractive main road frontage.

 

The Business zone is intended to comprise predominantly of mixed business and showroom uses, with supporting bulky goods, retail, office and service commercial uses. Comparatively, the Commercial-zoned core of the ASP 2 area is intended to be the active focus and centre of the community, with a balance of viable uses and a diversity of retail and commercial uses and leisure opportunities that generate day and evening activity.

 

Surrounding Land Uses

 

The subject site is located in the Business zone to the north-west of Ocean Keys Boulevard. This area is predominantly compromised of premises for the following uses:

 

·    Vehicle Sales and Hire Premises;

·    Motor Vehicle Repairs; and

·    Shops.

 

There are also Recreation Centres approved within the Business zone of ASP 2 as listed below: 

 

·    Busy Bodies (Gym) located at 4 Pensacola Terrace, Clarkson neighbouring the subject site  – Permitted for 24/7 use and currently operating.  

The following are located within the southern Business zone of ASP 2:

 

·    Da Beat (Dance Studio) located at Unit 13/ 61 Key Largo Drive within the southern Business zone of ASP 2 -  Permitted for 4.00pm to 9.00pm Monday to Friday and Saturday from 9.00 am to 3.00pm and currently operating;

·    Surge Fitness (Gym) located at Unit 9/ 61 Key Largo Drive within the southern Business zone of ASP 2 – Permitted for 24/7 use and currently operating.

 

The definition of Recreation Centre under DPS 2 is:

 

any premises used for physical exercise or sports including swimming, ice skating, ten pin bowling, cricket, tennis, squash, soccer, billiards and similar activities.”

 

This definition is notably broad and can be applied to many different uses including Gyms, Dance Studio’s and indoor sporting complexes. A Recreation Centre is a ‘D’ use within the Business zone in which case the City is required to give discretion to DPS 2, ASP 2 and the overall context of the surrounding land uses. When giving discretion to proposed land uses, some forms of Recreation Centres may be considered appropriate within the Business Zone of ASP 2 by nature of their intended use, namely where they do not draw leisure activities away from the Commercial zone or where they are considered compatible alongside existing uses within the zone.

 

The existing Dance Studio’s and Gym are used for physical exercise, which provide a specialised service as the scale of use and social impact to the adjacent residential area are minimal and can be controlled by the City. In contrast, the subject Recreation Centre is considered more as an entertainment source which is seen as an incompatible leisure activity which can create additional activity out of character with the Business Zone. Notwithstanding, the leisure aspect that is created opens the opportunity for reciprocal uses between other leisure uses in the Commercial zone such the existing restaurants and Tavern. The proposed small bar area within the Recreation Centre would also fall within this category as it is a similar use. As such, the City considers that these compatible land uses are better suited to the Commercial zone.

Compatibility with the objectives of the Business Zone

Clause 7.6.2 of ASP 2 outlines the specific objectives of the Business zone. The table below outlines the objectives and Administration’s comments on the proposal in respect to these.

 

7.6.2 Objectives

Comments

a.

To provide for a range of retail and wholesale outlets dealing predominantly in bulky goods;

The proposal does not incorporate the sale of goods of any nature, either by retail or wholesale.

b.

To create a retail environment that complements the Clarkson Activity Centre and the residential/mixed use

areas;

The proposal does not incorporate the retail sale of goods and will be operating during and outside the peak retail times of 9am-5pm. The proposed use would also draw leisure/ night activity away from the Centre.

c.

To provide a compatible land use buffer between the major traffic thoroughfares and the residential areas; and

The proposal creates a land use that is not compatible with the Residential Area to the east Clarkson. 

d.

To provide an interesting and attractive main road frontage.

This is not considered to be relevant to the proposal as there are no changes proposed to the built form.  

 

 

As outlined above, Administration considers that the proposed Recreation Centre does not address the objectives of the Business Zone under ASP 2. Instead, the proposal is considered more suitable within the Commercial Zone. The table below outlines the objectives of the Commercial zone in ASP 2 and Administration’s comments on the proposal in respect to these.

 

7.6.1 Objectives

Comments

a.

Create a Main-Street as the active focus for the community with a balance of viable uses and a diversity of retail and commercial uses and leisure opportunities that generate day and evening activity;

The Recreation Centre within this zone would create an additional public activity , which given the operating hours would be available for day and evening use. 

b.

Encourage high standards of built form and streetscape;

 

The proposal assists in increasing vibrancy and usability of the zone. 

c.

Provide continuity of activity along streets; and

 

The Recreation Centre is compatible with existing uses within the Commercial which can create increased activity.

d.

Provide efficient vehicle access with pedestrian priority.

 

This is not considered to be relevant to the proposal no new development is proposed.  

 

The purpose of the proposed Recreation Centre is to provide leisure opportunities to the public and has the capacity to generate activity in later hours of the day which is considered to be better suited to the Commercial zone. Additionally, it is considered to be compatible with existing food and leisure uses along the main street (Ocean Keys Boulevard), increasing the social amenity of the Commercial Zone. Overall, this is seen to be a better performance based outcome for the structure plan area. Were the Recreation Centre to be located in the Business zone, it would be segregated from other compatible uses within the Centre of ASP 2.

Notwithstanding, Administration does not support the proposal as discussed above, the following comment is provided in relation to the other issues raised in the submissions.

Parking

 

Concerns were raised in the submissions over the potential for increased parking demand on the site and within the adjacent road reserve as a result of the proposed change of use. In order to address the parking concerns raised in the submissions, the maximum number of patrons and staff was reduced from 70 to 57 to satisfy the parking requirements of DPS 2. As shown in Attachment 3, a total of 67 bays are currently provided on site. As a result of the proposed change of use, a total parking requirement of 67 bays under DPS 2 has been identified, as outlined below.

 

Tenancy

Land Use 

DPS2 Parking Requirement

Bays Required

1

Showroom

1 bay per 30m2 GFA

9.4

2a

Motor Vehicle Repairs

5 bays per service bay

5

2b

Recreation Centre

1 bay per 4 people accommodated

4.3

 

Note: Unit 2a was approved for Motor Vehicle Repairs in 2010 and Unit 2b as a Recreation Centre in 2011. Both units have been used as one Showroom since 2013. Approval has not been sought for this Change of Use.

 

3

Recreation Centre

(based on 57 people)

1 bay per 4 people accommodated

14.25

 

Note: The unit is currently approved as a showroom with a requirement for 1 bay per 50sqm of NLA. This would equate to a requirement of 8 bays.

 

4

Unlisted Use (Tint a Car)

1 bay per 50m2 GFA

9.3

5

Motor Vehicle Repairs

5 bays per service bay

15

6

Showroom

1 bay per 30m2 GFA

8.9

TOTAL

 

 

67 bays

 

The provision of 67 existing parking bays satisfies the minimum parking requirement as outlined above. Under the previous approvals for the entire site, parking bays have not been allocated to each individual unit. Administration considers that the parking issue raised in the submissions has been sufficiently addressed through modifying the proposal to reduce the maximum number of patrons and staff.

Noise

Submitters raised concerns with regards to the potential for increased noise as a result of the subject development due to the extended operating hours of 11am – 12am Monday to Saturday and 12pm – 11pm Sunday.

The applicant provided an acoustic report, which concluded that the proposed development could comply with the Environmental Protection (Noise) Regulations 1997, subject to a number of noise mitigation measures being undertaken, including:

·     Ensuring the entry door is fitted with an automatic closer so that it is kept closed at all times after 10:00pm;

·     Ensuring that subwoofers are not in use within the premises;

·     Ensuring that no glass is emptied into external bins after 7:00pm; and.

·     Ensuring that groups of individuals do not congregate within the car park after 10:00pm. Signage is required to be placed on the exit door to this effect.

 

Administration considers that the noise issue raised in the submissions could be addressed through the imposition a condition, requiring compliance with the acoustic report.

Conclusion

The submitters concerns in regards to noise and parking are capable of being addressed sufficiently. Notwithstanding, Administration recommends that the application for a Showroom to Recreation Centre (Pool/ Snooker) at 3/10 Pensacola Terrace, Clarkson be refused for the reasons set out in the recommendation.

Statutory Compliance

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

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

3.4.3  Enhance distinctive built form and spaces based on identity of areas

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

CO-O20 Productive Communities

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

Policy Implications

The application has been assessed against the relevant provisions the City of Wanneroo District Planning Scheme No. 2 and Agreed Structure Plan No. 2 – Clarkson Activity Centre.

Financial Implications

Nil

Voting Requirements

Simple  Majority

Recommendation

That Council:-

1.       Pursuant to Clause 68(2)(c) of the Deemed Provisions of the District Planning Scheme No. 2 REFUSES the development application for a Change of Use from Showroom to Recreation Centre (Pool/ Snooker) at Lot 381 (3/10) Pensacola Terrace, Clarkson, for the following reason:

a)    The proposal is not compatible with the objectives of the Business Zone as listed in Agreed Structure Plan No. 2 – Clarkson Activity Centre as it  is considered an incompatible leisure opportunity, which can create additional social activity out of character with the Business Zone; and

b)    The proposal would be more suitable for the Commercial Zone as it provides a new leisure opportunity that generates day and evening activity.

2.       ENDORSES Administration’s responses to the submissions as provided in   Attachment 4; and

3.       ADVISES the submitters of its decision.

 

 

Attachments:

1.

DA2018/1197 - Location Plan - 3/10 Pensacola Terrace, Clarkson (Attachment 1)

18/514685

 

2.

DA2018/1197 - Proposal Brief - 3/10 Pensacola Terrace, Clarkson (Attachment 2)

19/54604

 

3.

DA2018/1197 - Updated Plans - 3/10 Pensacola Terrace, Clarkson (Attachment 3)

19/26991

 

4.

DA2018/1197 - Schedule of Submissions - 3/10 Pensacola Terrace, Clarkson (Attachment 4)

19/61433

Minuted

5.

DA2018/1197 - Zone Map - 3/10 Pensacola Terrace, Clarkson (Attachment 5)

19/34776

 

 


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PS08-03/19       Draft Position Statement: Container Deposit Scheme Infrastructure

File Ref:                                              7942 – 19/34120

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider the Western Australian Planning Commission (WAPC) draft Position Statement: Container Deposit Scheme Infrastructure.

Background

A Container Deposit Scheme (CDS) is proposed to be introduced to Western Australia to reduce litter and improve recycling. The CDS is anticipated to commence in early 2020.

 

On 21 December 2018, the Department of Planning, Lands and Heritage (DPLH) released the draft Position Statement on their website for consultation, seeking comments by 21 February 2019. Written correspondence was also sent on 21 December 2018, however, this was not received by Administration until early January 2019.

 

The draft Position Statement is provided as Attachment 1. Photographs of different types of infrastructure outlined in the Position Statement are provided in Attachment 2.

Detail

Container Deposit Scheme

 

The CDS will enable people to receive a ten cent refund per eligible empty beverage container. Eligible containers include plastic and glass bottles, paper board cartons, and steel and aluminium cans between 150 millilitres and three litres including:

 

·    Soft drink cans and bottles;

·    Bottled water – both plastic and glass;

·    Small flavoured milk drinks;

·    Beer and cider cans and bottles; and

·    Sports drinks and spirit-based mixed drinks.

 

WAPC Draft Position Statement

 

The draft position statement has been prepared to assist local governments in determining how container deposit scheme infrastructure should be considered and assessed. The draft position statement seeks to:

 

·    Ensure a coordinated approach to the provision of CDS infrastructure throughout WA;

·    Ensure that appropriate locations are chosen for the installation of CDS infrastructure;

·    Ensure the timely roll out of infrastructure to support the establishment of the scheme and ongoing needs; and

·    To establish minimum development requirements to exempt certain CDS infrastructure from requiring planning approval, for adoption by local governments.

 

The position statement outlines four main types of CDS infrastructure and general planning requirements which are outlined below.

 

Container Collection Cages

 

A container collection cage will generally be used by sporting clubs, schools or not-for-profit organisations and act as a donation point rather than a refund point. The draft Position Statement outlines that collection cages on land owned/managed by the State or a Local Government used in conjunction with these types of bodies could be considered as public works and may be exempt from development approval in some instances. In addition, some collection cages located on privately owned land could also be exempt from development approval. The management of collection cages should be included in any leasing or other operational management arrangements that are in place for these premises.

 

In shop/over-the-counter/bag drop return points

 

These type of facilities will operate in a similar fashion to a shop, just in reverse whereby customers will bring their empty containers in for a refund. Any proposals for this type of CDS infrastructure could be considered under the ‘Shop’ land use definition.

 

The WAPC is proposing to amend the definition of a Shop in the Model Scheme provisions as part of the State planning reform process as follows (proposed additional text is underlined):

 

“Premises other than a bulk goods showroom, a liquor store – large or a liquor store – small used to sell goods by retail, to hire goods, or to provide services of a personal nature, including hairdressing or beauty therapy services, and can include a container deposit scheme return point.”

 

Reverse vending machines

 

Reverse vending machines will come in a range of sizes, including a small scale machine similar to a drink vending machine through to a large scale machine which has container storage behind it that may or may not undertake some form of crushing. Development approval may be required for reverse vending machines dependent on their size and location. Key matters for consideration for local governments relevant to reverse vending machines include impact on amenity, car parking, accessibility and access to adequate waste facilities to cater for goods not accepted by the vending machine and signage.

 

The draft Position Statement considers some types of reverse vending machines could be exempt from development approval.

 

Large scale facilities

 

Large scale facilities include uses such as resource recovery centres, waste storage facilities and other industrial type uses such as Industry-Light and Industry General. Large scale CDS infrastructure may be incorporated into existing operations or new facilities may be established. It is possible that some existing facilities will be able to accept and process containers from the CDS under existing approvals, however, development approval is likely to be required for new or upgraded facilities.

Consultation

The DPLH is seeking comments on the draft Position Statement by 21 February 2019. Due to the tight timeframes in which they have to finalise the position statement, they have requested an interim Administration submission by this date, in advance of Council’s endorsed submission following the March Council Meeting. Administration did not undertake any external consultation on this draft Position Statement.

Comment

The draft Position Statement only relates the planning requirements for CDS infrastructure. As a planning Position Statement, it does not provide any details regarding how the scheme will operate and the impact(s) it will have across the local government. However, it is acknowledged the implementation of the Scheme will impact the City more broadly, particularly across the areas of Waste, Planning and Property Services.

 

The Department of Water and Environmental Regulation (DWER) has recently undertaken a process to appoint a Scheme Coordinator who will be responsible for implementing the CDS in Western Australia. At the time of writing this report, DWER were still evaluating responses to this process. It is expected further detail on the Scheme will be available once the Scheme Coordinator is appointed.

 

The draft Position Statement has been prepared by the WAPC to assist local governments in preparing their planning framework ahead of the commencement of the scheme in early 2020. There are a number of questions which Administration has in relation to the operation of the scheme, which will inform its position holistically as an organisation, including:

 

·    How will the introduction of the CDS impact on the City’s recycling services;

·    Can the City receive an income from CDS infrastructure;

·    Potential locations for CDS infrastructure; and

·    Management of infrastructure: collection of recyclable materials, storage of materials, how refunds will be processed.

 

Administration is currently in the process of developing a tender for its new recycling contract to commence on 1 December 2019, which will include a mechanism for the City to share in any revenue generated by the disposal of CDS eligible containers through the City’s recycling service. It is expected there will be a minimum of 11 CDS refund points across the City of Wanneroo based on the customer service standards for collection which were released by DWER in 2018.

 

The City owns and manages a number of properties which are leased by community groups and not-for-profit organisations. It is likely these types of groups may seek the City’s approval to install CDS infrastructure such as a collection cage as a fundraising opportunity. The draft Position Statement outlines such infrastructure may be considered as public works and therefore exempt from requiring development approval in some instances. Administration has some concern over the use of collection cages within reserves as they can be unsightly, may attract vandalism given the contents has a dollar value, and could also attract bees, wasps and other pests due to the nature of the contents. These matters will need to be managed on a case by case basis with each individual lessee to ensure any CDS infrastructure on City owned or managed land is appropriately maintained and does not affect the amenity of the area.

 

Administration will prepare a draft local planning policy to provide guidance on the development approval requirements to potential operators of CDS infrastructure. The policy will address matters such as impact on amenity (noise, odour, visual amenity), parking, access, servicing and exemptions from approval for low impact facilities. The draft policy is intended to be presented to Council in mid to late 2019.

 

Administration supports the objectives of the WAPC draft Position Statement to ensure a coordinated approach to the provision of CDS across Western Australia and establish minimum development requirements to exempt certain infrastructure from development approval through a local planning policy. However, it does consider the release of the draft Position Statement to be premature given a Scheme Coordinator has not yet been appointed and full information on the operation of the Scheme is not yet known.

 

The WAPC is seeking comment on the draft Position Statement by 21 February 2019 which is prior to Council’s consideration of this matter. Administration has provided a preliminary response to the DPLH consistent with the above position on a without prejudice basis, and confirmed it will forward Council’s formal resolution following the Council Meeting on 5 March 2019.

 

A copy of Administration’s response is provided as Attachment 3.

Statutory Compliance

Nil

Strategic Implications

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

 “4     Civic Leadership

4.1    Working with Others

4.1.3  Advocate and collaborate for the benefit of the City

Risk Management Considerations

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

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.

 

Whilst the introduction of a CDS may provide an opportunity to participate in recycling activities and have a positive effect on the environment (in terms of protection of flora/fauna, reducing litter and increasing recycling rates) as well as the opportunity for the City or community groups to raise funds, there are possible risks associated with it which would need to be managed or mitigated if the City was to participate in such a scheme, such as possible operational challenges for the City (particularly across the areas of Waste, Planning and Property Services).

 Policy Implications

The draft Position Statement includes a model local planning policy to guide local governments in preparing a policy for CDS infrastructure. Administration intends to prepare a local planning policy which will address such matters as impacts on amenity, odour, parking and exemptions which will be presented to Council at a later date.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council ENDORSES Administration’s preliminary response to the Western Australian Planning Commission on the draft Position Statement: Container Deposit Scheme Infrastructure included as Attachment 3. 

 

 

 

Attachments:

1.

Attachment 1 Council Report -Draft-PS-Container-Deposit-Scheme-Infrastructure

19/43716

 

2.

Attachment 2 Container Deposit Scheme Infrastructure Examples

19/43942

 

3.

Attachment 3 - Container Deposit Scheme Report

19/70490

Minuted

 

 


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PS09-03/19       Yanchep Rail Extension - Proposed Planning Control Areas

File Ref:                                              30089 – 19/79489

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

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Issue

To consider the City of Wanneroo’s response to METRONET in relation to the proposed Planning Control Areas over the Yanchep, Eglinton and Alkimos activity centres.Do not delete this line


Background

On 8 February 2019, the City received a letter from the State Government’s METRONET Task Force to advise that the Western Australian Planning Commission (WAPC) and the Minister for Planning’s approval is currently being sought to declare Planning Control Areas (PCA’s) over the Yanchep, Eglinton and Alkimos station activity centres (Attachment 1)

 

Although the letter refers to PCA’s over the respective station precincts, the plans attached to the letter currently covers the entire activity centre areas of Yanchep, Eglinton and Alkimos (Attachment 2).  

 

METRONET advised that the PCA plans have been drafted to encompass all potential METRONET works.  PCA’s covering all the areas that may be required for works associated with the railway, including the stations, bus interchanges, parking areas, access roads, road modifications, pedestrian paths; and stockpile locations.  At this stage the exact locations of the stations and associated infrastructure is still to be determined, and the intent is that once the works have been defined in detail, the PCA's may be amended to reflect the actual extent of works. 

 

METRONET is currently planning to present the proposal for the declaration of PCAs to the WAPC in March 2019, after which it will be presented to the Minister for Planning for approval.

Detail

The declaration of PCA’s is a statutory planning process sometimes used by the State Government to ensure that no development occurs in the areas strategically important to the State Government, which might prejudice its purpose or its potential reservation in the Metropolitan Region Scheme (MRS).  PCA’s may also include the acquisition of land by the WAPC.   PCA’s are declared in accordance with the Planning and Development Act 2005 (the Act), and usually remains in place for a period of up to five years. 

The purpose of the PCAs for the METRONET project is to ensure the timely approval of key infrastructure to deliver stations and other associated facilities.  If no PCAs are declared in this regard, some of this infrastructure to be provided would, due to their cost, need to be determined by the Joint Development Assessment Panel.  

Under the MRS, works on reserved land in connection with the railway line are classed as ‘permitted development’ and do not require planning approval. Development approval is, however, required for all other works, including stations, bus interchanges, parking facilities, access roads and public spaces.

Once a PCA has been declared, the WAPC is the approving authority for all development applications within the area.  Applications are submitted to the local government for consideration and recommendation to the WAPC, which the City is required to do within 30 days of receiving an application.  The WAPC is not required to publicly advertise development applications but may elect to notify surrounding residents if this is considered necessary.

The WAPC can either approve or refuse a particular application.  Although the City’s recommendation will be taken into account as one of the relevant factors to be considered, the WAPC is not obliged to follow the City’s recommendation.  Other factors to be considered by the WAPC includes State planning policy, the purposes for which land is zoned or reserved for, orderly and proper planning, and the preservation of the amenity of the  particular locality.

 

The Yanchep City Centre and the Alkimos City Centre Activity Centre Plans have been considered by Council and were subsequently approved by the WAPC in March 2018 and August 2018 respectively. With regard to Eglinton, the proponent of the Eglinton Agreed Structure Plan No. 82 is currently preparing an activity centre plan for the town centre, and this is anticipated to be submitted to the City by mid-2019.  The approved activity centre plans identify stations precincts, indicating these precincts as areas to be ‘subject to further planning’.  Council endorsed the draft structure plans with these precincts included in the structure plans, however the structure plans were subsequently endorsed by the WAPC with the precincts excluded, in anticipation that the PCA’s will provide the planning framework for the development of these precincts (Attachment 3).  It is anticipated that a similar approach will be followed in relation to the planning for the Eglinton district centre.

 

There are currently 22 PCA's declared within the Perth Metropolitan area, including for the Redcliffe and Forrestfield station precincts as part of the Forrestfield- Airport Link project.  It is the State Government’s intention to declare these for all remaining station precincts as part of the METRONET project. 

Consultation

No consultation has been undertaken in relation to this item.

Comment

Administration acknowledges the ability for the State Government to be able to use PCA’s to facilitate the development of the remaining northern corridor station precincts, and notes that the City has limited scope to oppose this.  However, the provision of essential infrastructure in station precincts can be facilitated through the declaration of PCA’s over station precincts, without the need for PCAs to encompass the entire activity centres of Yanchep, Alkimos and Eglinton.

 

Although it is acknowledged that the boundaries may be refined after more detailed planning work has been undertaken, declaring entire activity centres as PCAs is considered to be an unnecessarily ‘broad-brush’ approach, and could create a high level of uncertainty in relation to the planning regime for these areas, with no guarantee that the boundaries will be subsequently adjusted.

 

It is recommended that the PCA’s cover only the precincts around the proposed stations in order to facilitate the development of stations and associated infrastructure such as bus interchanges, parking facilities and public spaces around these stations.  This is in line with the approach intended by the relevant activity centre structure plans, which excluded the station precincts from the structure plans in anticipation of further planning to be undertaken as part of METRONET.

 

The City’s network of activity centres will be a key focal point for commercial and social activity, the delivery of services to the community, and for economic development and employment creation.  The Yanchep City Centre is an emerging strategic metropolitan centre which will be the City of Wanneroo’s most prominent centre, providing regional facilities and services to the northern half of the City.  High-quality urban design within the centre will be essential to attract development, jobs and residents, and the centre will be a focal point for multi-functional urban spaces that will improve amenity and provide local identity.  Similarly, the Alkimos Town Centre is an emerging secondary centre will support the strategic metropolitan centres of Joondalup and Yanchep with a mix of land uses, including retail, office, high-density residential development, entertainment and community services.    As district centre, the Eglinton centre will service a substantial area and provide services, facilities and job opportunities to its catchment.

 

The City will have no control over the planning within these areas, as all planning applications will be determined by the WAPC, albeit with a City recommendation on the application.  Due to the importance of these activity centres for the City, is it essential that the City maintains its ability to influence the planning outcomes for these centres.  Although this could potentially be facilitated through the ability for the City to make recommendations to the WAPC as part of the planning application process, this will limit the City’s ability to work with developers to achieve good outcomes for the local community. There is no guarantee that the City’s recommendations would be accepted by the WAPC.

 

In addition, a key priority for the City is to ensure that unique and distinctive places are developed across the City in line with the City’s endorsed Place Framework.  Part of this is ensuring that the land use design and urban form supports pedestrian and 'people-first' activity.  In considering a response to the State Government’s proposal, it is important to properly consider what the role and function of the rail stations is. 

 

While the METRONET projects aim to better access to public transport element, having this as the key driver of land use design for the rail precincts would require significant adjacent car parking and transfer infrastructure, and potentially result in more people travelling out of the local area to the Perth CBD or other major activity centres.  It is noted that standard station and associated infrastructure design provided by the Public Transport Authority often focus on the direct movement of people from trains to busses or by providing large and significant parking areas around stations.  Whilst the City understands the need for linkages between transport infrastructure and surrounding areas, the standard approach often sterilises large parcels of land around stations.  People using public transport should be encouraged to linger and activate the precincts around stations, and in order to facilitate this, it is essential that the City remains involved and has the ability to influence better outcomes in this regard. 

 

It is therefore considered important that the creation of great places remains as the key objective for the station precincts and those other interests do not compromise this outcome.   While this may potentially mean less public transport usage in the short term, it would support the longer term creation of Alkimos and Yanchep as destinations in their own right and create opportunities for local activation initiatives.  Given that the WAPC will take control of all planning decisions in these precincts, it is important that the City requests the ability to be involved in the decision-making process around station precinct design and to promote early activation within station precincts in the short-term. 

 

The appropriate development of the Alkimos station and surrounding areas represents an opportunity for the City to demonstrate how high-quality transit-oriented development can be achieved.  As part of this, the City could potentially consider place activation through strategic land acquisition at Alkimos.  This will enable place activation, a City presence and the achievement of good urban design outcomes as part of a demonstration project.  Although a similar approach to Yanchep is anticipated, it is expected that the population around Alkimos will grow much faster in the shorter term, which provide an opportunity in this regard.

 

Taking the above into account, it is recommended that the City’s response to the declaration of the PCAs include the following:

 

·           That the principle of the declaration of PCA’s in order to facilitate infrastructure associated with stations be supported, but that this be limited to station precincts as identified in the respective activity centre plans.

 

·           That areas additional to these station precincts be included in the PCA areas once more information is available in relation to the specific works that will be required and the locations of these works have been identified.

 

·           That PCA’s are limited to works associated with the railway, including the development of stations, bus interchanges, parking areas, access roads, road modifications, pedestrian paths and site establishment works.  All other development approvals should remain with the City, which would enable the City to focus on early activation of these key strategic spaces.

 

·           That the City should be able to facilitate early activation in the PCA areas in line with the City’s Place Framework. 

Statutory Compliance

The declaration of PDAs is in accordance with Part 7 of the Planning and Development Act 2005, with all planning applications (except for exempted development in the MRS) to be determined by the WAPC on the recommendation of the City.Do not delete this line


Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

3.4.3  Enhance distinctive built form and spaces based on identity of areasDo not delete this line


Risk Management Considerations

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

Policy Implications

Local Planning Policy 3.2

Financial Implications

None

Voting Requirements

Simple Majority

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Recommendation

That Council ENDORSES the City of Wanneroo’s response to METRONET in relation to the proposed Planning Control Areas over the Yanchep, Eglinton and Alkimos station precincts, as per Attachment 4.

 

 

 

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Attachments:

1.

Metronet letter.pdf

19/80392

 

2.

Proposed PCA.pdf

19/81818

 

3.

Station Precincts (maps).pdf

19/81253

 

4.

Metronet response.pdf

19/81430

Minuted

 

 

 


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Assets

Asset Operations & Services

AS01-03/19       Wanneroo Road and Ocean Reef Road Grade Separation - Impact on Local Roads

File Ref:                                              3120V03 – 19/29604

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the potential impacts on the local road network of the Western Australian Government’s proposed grade separation of Wanneroo Road and Ocean Reef Road.

Background

State Government through Main Roads Western Australia (MRWA) has proposed the construction of $65M grade separation of the Wanneroo Road/ Ocean Reef intersection to allow the free flow of traffic on Wanneroo Road with on and off ramps on Ocean Reef Road controlled by traffic signals.

 

Refer Attachment 1, published by MRWA, it provides the latest update on the project and shows the extents of the proposed works.

 

MRWA awarded the contract to WBHO Infrastructure Pty Ltd and SRG Civil Pty Ltd Joint Venture on Wednesday 30 January 2019, with construction scheduled to commence early 2019 and completed by mid-2020.

 

During the planning of this project, MRWA conducted extensive traffic modelling on Wanneroo Road and Ocean Reef Road, and intersections with the local road network; Archer Street, Villanova Street, Backshall Place, East Road, Scenic Drive, Brady Street, Woodvale Drive, Uppill Place and Buckingham Drive.

Detail

In developing the design for the Wanneroo Road/Ocean Reef Road grade separated intersection, MRWA conducted extensive traffic modelling using the microsimulation package VISSIM. The computer model simulates the behaviour of vehicles within a defined road network and was used to assess a number of configurations for the grade separation project. Analysis was undertaken using current and projected traffic volumes for 2031.

 

The traffic modelling was used to assess a number of configurations for the interchange in order to determine which of the options would provide the greatest reduction in congestion. The concept designs considered whether Wanneroo Road or Ocean Reef Road should have priority, whether traffic signals or a roundabout should be used at the interchange and where slip lanes could be constructed. The modelling also considered a number of alternate configurations to determine the optimum solution and layout. MRWA commissioned further modelling of the surrounding road network to better understand any potential impacts and how this information would be used to refine the design.

 


 

The table below shows the 2031 level of service (based on how long vehicles wait at an intersection) at all of the intersections included in the MRWA detailed modelling:

 

 

2031 AM Peak

Level of Service

2031 PM Peak

Level of Service

 

At Grade

Interchange

At Grade

Interchange

East Road

C

A

B

A

Villanova Street

F

A

E

A

Woodvale Drive

A

A

E

C

Buckingham Drive

B

C

F

B

Backshall Place

F

F

F

F

Archer Street

F

D

F

B

Brady Street

A

A

F

B

Ocean Reef Road

F

A

E

A

Wanneroo Road

Free Flowing Traffic on Wanneroo Road

 

A copy of the MRWA Traffic Modelling presentation has been placed in the Elected Members reading room.

Consultation

State Government through MRWA have proposed to construct a $65M grade separated interchange at the intersection of Wanneroo Road/ Ocean Reef.  MRWA has engaged with the community through a Construction Reference Group (CRG), in addition to corresponding with the property owners within the affected catchments. Both Council and Administration are represented on the CRG.

Comment

Administration has reviewed the traffic modelling information provided by MRWA and requested supplementary information concerning MRWA’s assumptions used to generate the model. This will allow Administration to understand the model parameters and provide a more fully considered response. The modelling currently indicates that the proposed grade separation will have no adverse impact on the majority of the local road intersections, other than those outlined below: 

 

Administration is concerned that the grade separation project may negatively impact the Regent Waters Estate community by changing vehicle movement patterns within the area.

 

There are three access roads into the Estate; Villanova Street, Backshall Place and James Spiers Drive/Scenic Drive, refer Attachment 2 for location map.

 

MRWA proposes to close Villanova Street to right-out traffic and install a U-turn facility on Wanneroo Road, approximately 200m north of Villanova Street as part of the project. This facility will allow vehicles to travel south from Villanova Street, requiring motorists to find an appropriate gap in traffic allowing a turn left into free flowing northbound traffic on Wanneroo Road, weave into the right lane and U-turn pocket while decelerating before finding a gap in southbound traffic on Wanneroo Road. The City considers that this manoeuver will be difficult for some motorists to complete, especially during peak times.

 

In addition this, the proposed U-turn is limited to vehicles up to 8.8m in length, due to the limited median width available. Heavy vehicles would therefore not be able to utilise this U-turn facility and would need to find an alternate route to turn south on to Wanneroo Road.

The modelling submitted by MRWA assumes that a proportion of the vehicles have been reassigned to travel through Regent Waters Estate and exit at Scenic Drive and Backshall Place. This is will be particularly prevalent if heavy vehicles are unable to use the proposed U-turn facility need to navigate through narrow 6m wide local access street to access the Scenic Drive/Wanneroo Road intersection. It is also noted that future growth in traffic volumes on Wanneroo Road may make the right turn into Villanova Street difficult due to limited gaps in traffic. This is especially true for heavy vehicles that accelerate more slowly and require larger gaps in traffic to turn safely.

 

Although Villanova Street shows significant improvement in Level of Service in the MRWA traffic modelling, it should be noted that this is in part due to vehicles no longer be permitted to turn right out on to Wanneroo Road which would significantly reduce the expected delays at the intersection. These changes may also have a significant impact on access to the existing commercial business in the area. Furthermore, there may also be a significant number of vehicles that choose to use another route to turn onto Wanneroo Road, such as Scenic Drive via the local road network.

 

In addition to the issues caused by the removal of the right turn from Villanova Street onto Wanneroo Road, the traffic modelling conducted by MRWA also shows that Backshall Place will operate at a Level of Service “F”. Although the traffic modelling shows that there will be some reduction in delays as a result of the grade separation project, there is still expected to be some significant queuing, especially during the morning peak.

 

In addition to these traffic issues, Administration would like to see improved pedestrian and cyclist facilities delivered as part of this project. Preliminary designs show a shared path located on the southern side of Ocean Reef Road with a grade separated crossing under Wanneroo Road but no indication how pedestrians and cyclists will safely cross Ocean Reef Road.

 

It is noted that Wanneroo Road is under the care and control of MRWA. As recently advised by MRWA, the care and control of Ocean Reef Road is now proposed to transfer to MRWA in the coming months, subject to appropriate budget allocations by the State Government. Therefore, the responsibility to address the concerns raised in this report will rest with MRWA. Notwithstanding the proposed transfer of road management responsibility to MRWA, this would be the opportune time to address the communities concerns and identified technical issues as part of the grade separation project.

 

Administration will continue to work with MRWA project team to highlight the City’s concerns regarding the grade separation of Ocean Reef Road and Wanneroo Road and the potential impacts this project will have on the City’s road network. It is therefore proposed to formally write to the State Government to:

 

a)   Highlight the Community and the City’s concerns and seek further discussions between all parties to improve outcomes for the local community; and

b)   To consider and address these concerns as part of the project design development and include the resulting works in this project.

Statutory Compliance

Nil


 

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

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

Risk Management Considerations

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure and Utility Planning

Moderate

Accountability

Action Planning Option

Executive Leadership team

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

CEO

Manage

 

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

Policy Implications

Nil

Financial Implications

As noted in this report, any works required to address the concerns associated with Villanova Street and Backshall Place intersections will be the responsibility of MRWA. Therefore there is no immediate financial implication for the City for such works. However, in future post the construction of the grade separation, should the traffic patterns change and adversely impact the local roads in Regents Estate, the City would need to assess the impact, develop and deploy an appropriate mitigation strategy.  

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       RECEIVES the updates regarding the State Government’s Wanneroo Road and Ocean Reef Road grade separation project;

2.       NOTES the traffic modelling information provided by Main Roads WA for this project and the potential impact of the grade separation project on local roads; and

3.       REQUESTS the Mayor to write to the Minister for Transport and Planning to require Main Roads WA to:

a)    Consider and address the concerns raised by the Community and the City regarding the potential impact of the proposed grade separated interchange at Wanneroo Road/Ocean Reef Road on the local roads and intersections; and

b)    Communicate more frequently with the local community to address their concerns relating to the grade separation project at Wanneroo Road/Ocean Reef Road.

 

 

 

Attachments:

1.

Wanneroo Road and Ocean Reef Road interchange - Project update October 2018

19/52208

 

2.

Regent Waters Estate - Area Map

19/52065

 

 

 


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AS02-03/19       Petition PT04-05/18 Update  - Alternative Access to the Proposed Sand Mine and Speed Limit Review Within the Mariginiup Area.

File Ref:                                              3120V03 – 19/29753

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To provide an update on alternative access arrangements for the proposed sand mine and on Main Roads Western Australia (MRWA) speed limit review within the Mariginiup area. Refer to Attachment 1 for the location map.

Background

At the 29 May 2018 Ordinary Council Meeting, petition PT04-05/18, with 151 signatures of Mariginiup residents, was received. The petition requested that the City designate Meadowlands Drive as a Local Road Only with no logging or mining truck access to Silver Road allowed. In response to that petition, Council considered a report, refer Item No AS01-08/18, at the 21 August 2018 meeting. This report considered the petitioners request and sought Council’s approval for the installation of advisory ‘Local Traffic Only’ signage on Meadowlands Drive and Via Vista Drive, and endorsement of a request to MRWA for review the speed limit on these roads. Following discussions, Council resolved for the matter to be referred back to Administration for further investigation.

Administration subsequently requested MRWA to review of the speed limit along these roads and the outcome of the speed limit review was considered by Council at its meeting on 16 October 2018, refer Item No AS01-10/18; Council resolved:

“1.   REQUESTS Main Roads WA to consult with the residents of Meadowlands and Via Vista Drives within the next two weeks to consider reducing the speed limit to 50km/h; and

2.    REQUESTS Administration advise the property owners and residents of Mariginiup of its decision.”

Administration subsequently arranged a meeting with Mariginiup residents and MRWA regarding speed zoning. During this meeting residents raised the issue of dust management in the vicinity of the proposed sand mine and access along Silver Road. In response to this matter, Administration arranged a further meeting between residents and the Department of Biodiversity, Conservation and Attractions (DBCA) to discuss how DBCA will manage the continuing dust problem. In addition, Administration again requested that MRWA conduct a further speed limit review to reduce the speed on these roads to 50 km/h and consult with the local community regarding the proposed speed limit change.

Detail

The Department of Mines, Industry Regulation and Safety (DMIRS) granted approval to Urban Resources for sand mining activities in the Mariginiup State Forest in 2017 as the proposed sand mine will be situated on crown land under the control of the DBCA and is in close proximity to a rural-residential area in Mariginiup which is zoned ‘Special Rural’ under the City’s District Planning Scheme No. 2.

 

 

The initial application to DMIRS proposed that the sand mine would be accessed via the local roads in this rural-residential area; particularly Meadowlands Drive and Silver Road. Urban Resources previously reported that the average number of loaded trucks would be 150 per day from the Mariginiup Sand Quarry, however would vary depending on sales. In addition to the transportation of sand, it is expected that the mine will increase the local traffic due to employee travel and delivery of equipment and consumables to site.

The DMIRS approvals process did not require community engagement be undertaken regarding the proposed sand mine. Following advice from Administration, the Peritas Group sent a letter dated 11 January 2018, to local residents on behalf of Urban Resources, informing them of the proposed sand mine. In response, residents raised concerns with Elected Members and Administration regarding potential amenity impacts from the sand mine; particularly from traffic on local roads.

One of the issues raised by residents was the increase in traffic on local access roads as a result of heavy vehicles accessing the proposed sand mine. The proposed mining operation was based on the use of General Access Vehicles to haul product from the site. General Access Vehicles, up to 19m in length, are legally permitted to access any public road in Western Australia and the City has no feasible mechanism by which to prevent access to the Urban Resources site.

It is noted that Urban Resources has responded to the community’s concerns and is in the advanced stage of providing an alternative access to the site located on Neaves Road, approximately 900m east of the existing Mariginiup Special Rural Area. This access would address the concerns of residents as haulage vehicles would be able to access the site without using the local road network.

Urban Resources provided an update to local residents, Administration and Elected Members on 10 January 2019, advising that it had obtained all the various approvals from the relevant government agencies to construct the alternative access into the sand mine and intended to commence the sand mining operations in the near future.

Urban Resources has also indicated that an application will be made to the City to use Silver Road and Meadowlands Drive in the short term to enable the delivery of equipment and materials required for the construction of the alternative access road. Administration has liaised with Urban Resources and advised it will be required to submit a detailed traffic management plan outlining the extent of any works, quantity of material being transported, vehicle types being used, timing and proposed duration of works, including details of mitigation measures for noise and dust control.

With respect to dust management issues raised by the community, DBCA appointed an external consultant to undertake the assessment and develop an action plan to minimise the creation of dust on the Silver Road that impacts the neighbouring properties. The consultant recommended for short and long-term plans to improve the safety and appropriate dust management for this area. It is expected that the proposed dust management plan actions will help ameliorate the potential dust issues.

At this stage the City is unclear whether Urban Resources or DBCA will be undertaking upgrade works to Silver Road. It is understood that Urban Resources is collaborating with DBCA to determine the best way forward. Notwithstanding, which party initiates the work the City will require detail on any proposed modifications to infrastructure within the road reserve and the proponent will need to submit a detailed traffic management plan outlining the extent of any works, quantity of material being transported, vehicle types being used, timing and proposed duration of works including details of mitigation measures for noise and dust control.

Consultation

Administration has consulted extensively with the residents of Meadowlands Drive and Via Vista Drive, DBCA, DMIRS and MRWA to address the ongoing concerns. This included organising a onsite meeting with the local residents on 5 December 2018 to determine the opinion of the community regarding changes to the speed limit. A representative from MRWA Speed Zoning Team was invited to attend this meeting, however this invitation was declined.

Comment

Now that approvals have been received, Urban Resources is close to commencing construction of the alternative access to the proposed sand mine on Neaves Road. Although there may be some additional traffic on the local road network during construction, these will be managed through appropriate traffic management plans, and noise and dust mitigation measures.

Dust management issues on Silver Road are also being addressed by the DBCA with both a short and long term management plan being prepared by an external consultant.

With respect to the proposed speed limit changes in the Mariginiup area, Administration and the community have requested a 50 km/h speed limit; however this option was not supported by MRWA.

MRWA has proposed a speed limit reduction to 70 km/h as being more appropriate for the area, rather than the current 110 km/h speed limit. As per the discussions held, residents are agreeable to the 70km/h speed limit as proposed by MRWA. In view these discussions and the position taken by MRWA, Administration recommends that Council endorse the reduction of speed limit to 70 km/h within Mariginiup for the area shown in Attachment 2.

Statutory Compliance

Nil

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

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

Risk Management Considerations

Risk Title

Risk Rating

CO-001 Relationship Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

 

Risk Title

Risk Rating

CO-022 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

Risk Title

Risk Rating

CO-023 Safety of Community

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

The above risks relating to the issues contained within this report have been identified and considered within the City’s Strategic/Corporate risk register. Concerns in regards to traffic volume and environmental impacts are addressed within the content of this report in more detail. 

Policy Implications

Nil

Financial Implications

The cost of creating the alternative route or any upgrades of the existing road geometry will be met by Urban Resources. The costs associated with the implementing the new speed limits in the roads identified will be funded by MRWA and the dust management plan actions will be the responsibility of DBCA.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         ENDORSES the speed limit reduction within Mariginiup area as proposed by Main Roads WA from default speed limit 110km/h to 70km/h;

2.         REQUESTS Administration advise Main Roads WA of Council's endorsement of this speed reduction in the Mariginiup area;

3.         NOTES the updates from Urban Resources confirming that the alternative route approval has been granted and the intention to commence the sand mining operations during in the near future;

4.         NOTES that the Department of Biodiversity Conservation and Attractions has undertaken dust assessment and developed plans to minimise the creation of dust on the Silver Road; and

5.         REQUESTS Administration advises the property owners and residents of Mariginiup of its decision.

 

 

 

Attachments:

1.

Location map - Proposed sand mining operation, Mariginiup

18/297558

 

2.

MRWA proposal - 70km/h area speed  zoining in Mariginiup

18/419332

 

 

 


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AS03-03/19       Update on the Establishment of  a Working Group of Schools in Darch to Review Traffic Congestion

File Ref:                                              3120V03 – 19/40514

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider an update on the establishment of a working group with Kingsway Christian College, Ashdale Secondary College and Ashdale Primary School to review traffic congestion.

Background

Council, at its meeting on 6 March 2018 considered a Item No AS01-03/18 responding to Petition PT02-08/17 from parents of students attending Kingsway Christian College regarding retention of the median opening for ease of access from the school on Carripan Road. In response, Council resolved in part as follows;

 

“That Council:

 

6.   REQUESTS Administration establish a working group with representatives from Kingsway Christian College, Ashdale Secondary College and Ashdale Primary School to review traffic congestion and report back to Council with findings and recommendations from the group within 12 months; and”

Detail

In accordance with Council’ decision, Administration contacted representatives from Kingsway Christian College, Ashdale Secondary College and Ashdale Primary School to arrange an on-site meeting at one of the schools. City officers and school representatives subsequently met on Wednesday 5 September 2018 at Kingsway Christian College. At the meeting, school representatives advised that an established working group was already in place between the three schools and had been for some time. City officers were further advised that the existing working group focussed on addressing on-site and on-road parking around the schools and were already initiating positive strategies to help reduce traffic congestion on the road network at school start and finish times.

 

On the basis that working group was already in pleace, City officers took the opportunity to discuss the traffic management scheme upgrade works occurring along Kingsway between Hartman Drive and Ashdale Boulevard and advised of upcoming improvement works to line marking on-street bays adjacent to Ashdale Secondary College.

 

Administration has continued to liaise with the schools to reduce traffic congestion around the schools.

 

The working group representatives thanked the City for its involvement to date and advised they would contact the City should they require any further assistance.

Consultation

Nil

Comment

Kingsway Christian College, Ashdale Secondary College and Ashdale Primary School have indicated that they are satisfied that the existing working group is having a positive impact on parking and traffic congestion. The schools do not consider that the creation of a new working group would be beneficial and would prefer to continue with the existing working group meetings with support from the City on any new issues or initiatives as they arise.

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

Risk Title

Risk Rating

CO-O23 Safety of Community

Moderate

Accountability

Action Planning Option

Director Community & Place

Manage

 

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

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES Kingsway Christian College, Ashdale Secondary College and Ashdale Primary School have an established working group; and

2.       REQUEST Administration to write to the School Principals offering support to their initiatives to address the traffic congestion issues within their schools precinct.  

 

 

Attachments: Nil  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                226

 

Infrastructure Capital Works

AS04-03/19       Tender No 18246 - Pinjar Road Duplication from Blackberry Drive to Joondalup Drive

File Ref:                                              30925V01 – 18/548244

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider Tender No 18246 for the Construction of Pinjar Road Carriageway Duplication from Blackberry Drive to Joondalup Drive, Mariginiup.

Background

As part of the City’s ongoing commitment to upgrade its major road network, the construction of a second carriageway on Pinjar Road from Blackberry Drive to Joondalup Drive has been approved in the Capital Works Budget.

 

The approximate 3km duplication of Pinjar Road from Blackberry Drive to Joondalup Drive will include a dedicated acceleration lane north exiting Nambi Parkway towards Joondalup Drive, a 3m wide shared path in red bitumen, a sealed shoulder and a 5.5m wide two way access road between Edward Street and Tapping Street.

Detail

Tender No. 18246 for the Construction of Pinjar Road Duplication was advertised on Saturday 8 December 2018, and closed at 3:00 pm on Wednesday 29 January 2019. A non-mandatory briefing was held at the City’s offices on 21 January 2019.

Essential details of the proposed contract are as follows:

Contract Form

Major Works

Contract Type

Fixed lump Sum Price

Contract Duration

30 Weeks

Commencement Date (Subject to Tender Award)

April 2019

Date Of Practical Completion

November 2019

Defects Liability Period

12 months

Extension Permitted

N/A

Rise and Fall

No

Tender submissions were received from the following companies:

·    BMD Urban Pty Ltd (“BMD Urban”)

·    Tracc Civil Pty Ltd (“Tracc Civil”)

·    RALMANA Pty Ltd T/A RJ Vicent and  Co (“RJ Vincent)

Tender Evaluation Panel

The Panel comprised of the following:

·   Project Manager Infrastructure Capital Works

·   OSH Officer Safety and Injury Management

·   Project Manager Infrastructure Development

·   Property Projects Officer

Probity Oversight

Oversight to the tender assessment process was undertaken by the City’s Contract Officer and William Buck Consulting (WA) Pty Ltd provided external probity services.

Tender submissions were evaluated in accordance to the Tender Evaluation Plan (TEP) which included the following selection criteria:

 

1

Demonstrated Experience in similar projects

30%

2

Project Management Methodology

30%

3

Organisational Capacity and Resources

20%

4

Safety and Quality Management

20%

 

Price was not included in the Qualitative Criteria but was considered as part of the overall value for money assessment and the minimum acceptable baseline for Qualitative Criteria was set at 60%.

On initial review of the tender submissions by the Tender Evaluation Panel, it was confirmed that all tender submissions were deemed to be conforming tenders.

Pricing for the works offered

Based on the tendered prices as submitted, tenderers were ranked in ascending order as below:

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

BMD Urban

3

Evaluation Criteria 1 – Demonstrated Experience in similar projects (30%)

The tenderer’s relevant experience in demonstrating the achievement of the City’s expectations as presented in their tender submissions were assessed in order to evaluate their capability and credentials to meet the requirements of the contract.

 

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

BMD Urban

3

Evaluation Criteria 2 - Tenderer’s Project Management Methodology (30%)

The tenderer’s project management procedures and project methodology, as presented in their tender submissions, were assessed in order to evaluate the tenderer’s understanding, methods and construction programme to meet the relevant timeframe of the contract.

 

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

BMD Urban

2

Evaluation Criteria 3 - Capacity and Resources (20%)

The tenderer’s resources as presented in its tender submissions were assessed in order to evaluate their capacity to meet the requirements of the contract.  Assessment of this criterion considered the tenderer’s staff resources, vehicles, plant/equipment and workshop support to manage the contract.

 

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

BMD Urban

3

Evaluation Criteria 4 - Safety and Quality Management (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.

 

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

BMD Urban

3

Overall Qualitative Weighted Assessment and Ranking

Tender submissions were reviewed in accordance with the Tender Evaluation Plan with the following key observations:

 

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

·    The baseline for qualitative criteria was set at 60%

 

The overall qualitative weighted assessment resulted in the following tender ranking:

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

BMD Urban

3

 

Value for Money Assessment

The tender submission from RJ Vincent achieved the highest ranking and satisfied the overall value for money assessment in accordance with the assessment criteria and weightings as detailed in the Procurement and Evaluation Plan and is therefore recommended as the successful tenderer.

 

An assessment and evaluation of RJ Vincent also noted the following:

 

·    Ranked high in all assessments;

·    Tender clarifications were examined in relation to direct financial implications to Lump Sum Price and were considered minimal;

·    A reputable and large organisation with substantial backing;

·    RJ Vincent has performed large projects for the City and for a range of clients including Main Roads WA, Public Transport Authority, LandCorp, Developers and other Local Governments;

·    Examples of projects undertaken by RJ Vincent include construction of major urban and rural roads including intersections, as well as subdivision developments;

·    RJ Vincent tender price is competitively priced and represents value for money; and

·    Previous work undertaken relating to timelines of completion of projects, project management, quality of work and overall delivery of projects is considered positive.

Consultation

In accordance with Section 3.51 of the Local Government Act 1995, relating to the level and alignment changes, Property owners/occupiers located within the area deemed to be impacted by the proposed works were notified and submissions requested on the proposed alteration to Pinjar Road alignment and levels were to be forwarded to the City.

Two public submissions relating to the proposed changes were received and addressed by Administration. Administration met with the respondents and clarified design parameters and both respondents were satisfied with the response.

Community information sessions were held at Carramar Community Centre, 5 Rawlinna Parkway Carramar on Monday 22 October and Wednesday 12 December 2018. The feedback from the information sessions was very positive. Feedback received from the community has been included in the scope of works where possible.

In relation to the existing trees and landscaping, the community was advised that at the time of the previous upgrade/realignment of Pinjar Road that the plantings were a temporary measure. An arborist will be engaged to oversee the removal of any of the existing trees/shrubs and provide advice on the measures required to retain some of the trees.

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:

 “1     Society

1.4    Connected Communities

1.4.1  Connect communities through engagement and involvement

 

2     Economy

2.2     Strategic Growth 

2.2.5 Attractive investment and major development and major infrastructure

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.

Enterprise Risk Management Considerations

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

 

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

Director Assets

Manage

 

Risk Title

Risk Rating

CO-O04 Asset Management

Moderate

Accountability

Action Planning Option

Executive Leadership Team

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Director Assets

Manage

 

Risk Title

Risk Rating

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 RJ Vincent has been assessed with an acceptable financial capacity to meet the requirements of the contract and no additional risk mitigation actions are required outside of the need for a contractor to provide security as per the tender documents. It should be noted that RJ Vincent has provided a tender submission for Tender 18260 Marmion Avenue Duplication, therefore the assessment also considered the possibility of RJ Vincent being awarded both Tenders 18260 and 18246.

As per tender requirements, RJ Vincent is required to provide two bank guarantees/retention with a combined total of 7.5% of the contract value, for practical completion and for the defects liability period within 14 days after acceptance of tender or five days prior to possession of site, whichever is the latest.

Performance Risk

Over the past five years, RJ Vincent has successfully completed a number of major road duplications for the City of Wanneroo; Connolly Drive, Neerabup Road, Mirrabooka Avenue, Lenore Road and Marmion Avenue. RJ Vincent is also currently constructing the 1.2km section of Marmion Avenue adjacent to Alkimos Vista with works programed to finish by end of March 2019. RJ Vincent has a good appreciation of the City’s requirements.

 

Independent reference checks have also indicated that the recommended tenderer has provided good service and delivery to its customers, including the projects mentioned above for the City.

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 the works will be undertaken to ensure compliance with the OHS requirements.

 

Social and Environmental (Sustainable Procurement) Considerations

RJ Vincent provided a number of responses to the Social and Environmental Considerations under Schedule 3B of the tender.

 

RJ Vincent informed that it will be implementing an Access and Inclusion Plan (AIP) to maintain pedestrian access at all times, ensuring that the deviations from the current paths are wheelchair, mobility scooter, and vision impairment friendly. When works require the use of active traffic management, the traffic controllers will be in place to assist members of the community when crossing roads and locations within the vicinity of the works area.

 

RJ Vincent has a Workplace Diversity Program directed at preventing employment-related disadvantages in the company on the basis of disability, gender, race or ethnicity, being an Aboriginal and/or Torres Strait Islander or being a member of a group identified as having an employment related disadvantage.

Broader Economic Impact Implications for the City of Wanneroo

RJ Vincent intends to employ locally based sub-contractors.

 

Seventy-nine of RJ Vincent current employees live locally, with many of nominated road crews living in close proximity to the site and potentially be available for call-out should the need arise for after-hours care.

Policy Implications

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

Financial Implications

The table below summarises the available funding for the project, current expenditures, the recommended tender price by RJ Vincent for the construction of Pinjar Road Duplication and associated expenses:

 

PR-4098 Pinjar Road Duplication (Blackberry Drive to Joondalup Drive)

Description

Expenditure

Budget

Budget:

 

 

Allocated Capital Works Budget for 2017/18 (PR-4098)

 

$184,730.00

Allocated Capital Works Budget for 2018/19 (PR-4098)

 

$2,115,270.00

Proposed Capital Works Budget for 2019/20 (PR-4098) listed

 

$4,200,000.00

          Total

 

$6,500,000.00

Expenditure

 

 

Expenditure incurred in 2017/18

$184,730.11

 

Expenditure incurred in 2018/19

$145,672.59

 

Commitment to date

$18,402.75

 

          Total Expenditure ( to date)

$348,805.45

 

 

 

 

Tender Offer -  based on RJ Vincent’s offer

$3,746,061.68

 

Western Power Charges (estimated – subject to a formal quote)

$1,100,000.00

 

Project Management and Administration Fees

$150,000.00

 

Landscaping Reinstatements

$250,000.00

 

Construction Contingency

$500,000.00

 

          Total Expenditure

$6,144,867.13

 

          Balance

 

$355,132.87

 

Sufficient funds are available from a MRWA grant, development contributions and municipal funds for road construction to fully undertake the project. Actual funding required for this project will be listed in the 2019/2020 Capital Works Budget to be considered by Council as part of the forthcoming budget process. Based on the projected cash flow provided by the recommended tenderer, the 2018/2019 funding is likely to be fully expended. Should this not occur due to unavoidable circumstances, the remaining funds will be treated as committed carry forward in 2019/2020.

 

In this regard, the funding from the East Wanneroo Cell 1 DCP is limited to the extent of works as defined in Schedule 6 of the District Planning Scheme No 2 and will be allocated in consultation with the Director, Planning and Sustainability. The correct apportionment of cost between the various funding sources, including the East Wanneroo Cell 1 DCP, State grants and municipal funding, will be undertaken based on actual expenditure.

Voting Requirements

Simple Majority

 

Recommendation

That Council ACCEPTS Tender No 18246 submitted by Ralmana Pty Ltd t/a RJ Vincent & Co for the Construction of Pinjar Road Duplication from Blackberry Drive to Joondalup Drive, Mariginiup for the fixed lump sum price of $3,746,061.68 in accordance with the terms and conditions specified in the tender document.

 

 

Attachments:

1.

confidential report attachment Tender 18246

19/67227

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                   233


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                234

AS05-03/19       Tender No 18260 - Construction of Marmion Avenue Duplication - Butler to Yanchep

File Ref:                                              31840 – 19/42422

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider Tender No. 18260 for the Construction of Marmion Avenue Duplication from Camborne Parkway to Yanchep Beach Road.

Background

The State Government allocated $23M to the City, through Main Roads Western Australia (MRWA), for the construction of the remaining 11.4km section of Marmion Avenue as a four-lane dual carriageway from Camborne Parkway to Yanchep. Council resolved to accept the funds from State Government at its meeting on 22 August 2017.

 

The City is currently in the process of constructing the Stage 1 portion of Marmion Avenue, approximately 1.2km, adjacent to Alkimos Vista Estate. The works are being undertaken in collaboration with Lendlease under a Deed of Agreement with the City and scheduled to be completed by the end of March 2019. These works are consistent with the Council’s resolution for Item No CR01-07/18 - Marmion Avenue Duplication.

 

The remaining sections of Marmion Avenue duplication works consist of 2.2km from Camborne Parkway to southern boundary of Alkimos Vista and 8km from northern boundary of Alkimos Vista to Yanchep Beach Road. The works include upgrading of Marmion Avenue to a four lane dual carriageway with on-road sealed shoulder, central median and a shared path network, along with the modifications of the existing intersections as identified through the City’s Structure Plan process and detailed design. 

 

Administration has continued to work collaboratively with a number of land developers, Public Transport Authority (PTA) and MRWA to include several new ‘T’ intersections and controlled four way intersections to accommodate future land subdivisions. The current scope of work for the project also makes provision for traffic as result of MetroNet Rail Network requirements and intersection modifications required as a result of the Mitchell Freeway terminating at Romeo Road in the short to medium term. Provision has been made within the City’s tender to allow the works to be implemented as part of the overarching Marmion Avenue Duplication project.

 

Administration has initiated preliminary discussions with the relevant State Government agencies and developers to clarify their responsibilities and potential cost recoveries for the additional scope within the above tender award. 

 

Details on intersection treatments: 

 

·    Graceful Boulevard/Romeo Road – subject to formal advice from MRWA, the existing roundabout will be removed and replaced with traffic signals. The size and configuration of the intersection will be designed for the future extension of the Mitchell Freeway to Romeo Road. The City will construct the intersection in its interim configuration as a 3-Way signalised intersection allowing for the future connection of Romeo Road with minimal modifications or redundant works.

 

·    Pectoral Promenade/Brindabella Parkway – the existing ‘T’ intersection will be modified to suit the duplication works. The size and configuration of the intersection will be designed to function as the future main access to the MetroNet Rail Network at Alkimos. The City will construct the Brindabella Parkway/Marmion Avenue intersection to its interim configuration to allow PTA/Landcorp to connect to Marmion Avenue with minimal modifications or redundant works. Until such time as Brindabella Parkway is constructed this intersection will operate as a full movement ‘T’ intersection with turn pockets.

 

·    Cinnabar Road/Gull Grange Road – the existing ‘T’ intersection will be replaced with a dual lane roundabout as per the approved structure plans. This roundabout will have a fourth leg heading east to service the future Eglinton Estate.

 

·    Eglinton Drive – a new dual lane roundabout will be constructed approximately 500m north of Cinnabar Drive as per the approved structure plans. This roundabout will form the main intersection for the east bound road to connect with the future Metronet Rail Station at Eglinton. The City will construct the roundabout to its ultimate configuration to allow for future connection with minimal modifications or redundant works.

Detail

Tender No. 18260 for the Construction of Marmion Avenue Duplication of the remaining 10.2km section was advertised on 17 November 2018 and closed on Tuesday 22 January 2019. A non-mandatory briefing session was held on Wednesday the 28 November 2018, which was attended by all tenderers. During the tender period there were four addendas issued; all tenderers confirmed as being received.

The tender work was also divided into two separable portions.

Essential details of the proposed contract are as follows:

 

Item

Detail

Contract Form

Major Works

Contract Type

Lump Sum

Contract Duration

52 weeks

Commencement Date (Subject to Tender Award)

March 2019

Date for Practical Completion

March 2020

Defects Liability Period

12 Months

Extension Permitted

N/A

Rise and Fall

No

Tender submissions were received from the following companies:

-     Georgiou Group Pty Ltd (Georgiou)

-     Ralmana Pty Ltd t/a RJ Vincent & Co (RJ Vincent)

Tender Evaluation Panel

The Tender Evaluation Panel comprised:

-     Operations Manager Asset Operations and Services

-     Project Manager Infrastructure Capital Works

-     Project Manager Infrastructure Projects

-     Property Projects Officer

-     OSH Officer Safety and Injury Management

Oversight to the tender assessment process was undertaken by Administration and William Buck Consulting (WA) Pty Ltd provided the external probity services.

Tender submissions were evaluated in accordance with the Procurement and Evaluation Plan (PEP), which included the following selection criteria:

Item No

Description

Weighting

1

Experience

30%

2

Project Management and Methodology

30%

3

Capacity and Resources

20%

4

Safety and Quality Management

20%

Price was not included in the Qualitative Criteria, but was considered as part of the overall value for money assessment and the minimum acceptable baseline for Qualitative Criteria being set at 60%.

On initial review of the tender submissions by the Tender Evaluation Panel, it was confirmed that both tender submissions were deemed to be conforming tenders.

The City has corresponded with both tenderers to confirm any impact should the City implement a hold point within the award of tender delaying the start date of separable portion 2, being the 2.2km section from Camborne Parkway to Alkimos Vista. This hold point is required due to ongoing delays with MRWA confirmation of its approval for the intersection design treatments at Romeo Road and Brindabella Parkway. Both tenderers have confirmed that this would not alter tender submissions.

Pricing for the Works Offered

Based on the tendered prices as submitted, tenderers were ranked in ascending order as below:

Tenderer

Ranking

RJ Vincent

1

Georgiou

2

Evaluation Criteria 1 – Experience (30%)

The tenderer’s relevant experience in demonstrating the achievement of the City’s expectations as presented in its tender submissions were assessed in order to evaluate capability and credentials to meet the requirements of the contract.

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

Tenderer

Ranking

RJ Vincent

1

Georgiou

2

Evaluation Criteria 2 – Project Management and Methodology (30%)

The tenderer’s project management procedures and project methodology, as presented in their tender submissions, were assessed in order to evaluate the tenderer’s understanding, methods and construction programme to meet the relevant timeframe of the contract.

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

 

Tenderer

Ranking

RJ Vincent

1

Georgiou

2

Evaluation Criteria 3 – Capacity and Resources (20%)

The tenderer’s resources as presented in its tender submissions were assessed in order to evaluate their capacity to meet the requirements of the contract.  Assessment of this criterion considered the tenderer’s staff resources, vehicles, plant/equipment and workshop support to manage the contract.

 

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

 

Tenderer

Ranking

RJ Vincent

1

Georgiou

2

Evaluation Criteria 4 – Safety and Quality Management Systems (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 in the tender documentation.

Based on the response provided by the tenderers the assessment of this criterion has resulted in the following ranking:

Tenderer

Ranking

RJ Vincent

1

Georgiou

2

 

Overall Weighted Assessment and Ranking

Tenderer’s submissions were reviewed in accordance with the Tender Evaluation Plan with the following key observations:

·    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 baseline for the Qualitative Criteria was set at 60%

 

The overall weighted assessment resulted in the following tender ranking:

Tenderer

Ranking

RJ Vincent

1

Georgiou

2

Value for Money Assessment

The tender submission from RJ Vincent achieved the highest ranking and satisfied the overall value for money assessment in accordance with the assessment criteria and weightings as detailed in the Procurement and Evaluation Plan and is therefore recommended as the successful tenderer.

 

An assessment and evaluation of RJ Vincent’s tender also noted the following:

·    Ranked high in all assessments:

·    Tender clarifications were examined in relation to direct financial implications to Lump Sum Price and were considered acceptable;

·    A reputable and large organisation with substantial backing;

·    RJ Vincent has performed a number of large scale projects for the City, land developers and other local governments;

·    RJ Vincent tender price is competitive and is within the budget estimate prepared by the City’s consulting engineer; and

·    Previous work undertaken relating to timelines for completion of projects, project management, quality of work and overall delivery of projects is considered positive.

Consultation

Design & Tender Phase

In accordance with Section 3.51 of the Local Government Act 1995 relating to level and alignment changes, property owners/occupiers located within the area deemed to be impacted by the proposed works were notified by mail and requested to provide the City with feedback or submissions on the proposed alteration to Marmion Avenue. No comments or submissions were received following the public notification. It should be noted that the property owners located within this section of Marmion Avenue are land developers.

 

The City also held two community information sessions regarding the proposed works for the Marmion Avenue duplication. These sessions were held on the 26 November 2018 at the Yanchep Two Rocks Residents Association meeting and the 28 November 2018 at the Alkimos pop up library. Both information sessions provided the community with an overview of the works required and the nature of the project.

 

The City has also liaised with the Shorehaven Residents Group to provide information on the design of the Shorehaven Drive, Marmion Avenue intersection to address the concerns raised with the current intersection. The City has confirmed that an acceleration lane will be constructed at the intersection of Shorehaven Drive and Marmion Avenue as part of the duplication works. The City is also working closely with utility providers to protect existing infrastructure or make provision for future requirements within the road reserve.

 

Throughout the design and tender phase of the project the City has worked collaboratively with key stakeholders to identify any service impacts and provide for future intersection modifications required as a result of land development activities or works proposed works by Utility Providers and State Government agencies such as Metronet.

 

The State Government has been kept informed of the project progress throughout its various phases. 

 

Post Tender and Construction Phase

 

A detailed communication plan will be implemented covering project signage, an ongoing commitment to provide regular progress reports on key project milestones or events; posting of information on City’s webpage and media channels in addition liaising with the residents groups to inform them of the construction programme. 

 

The original construction program was predicated on all the necessary approvals being in place prior to the award of tender for completion by December 2019. The City has been working closely with MRWA to finalise their additional traffic modelling requirements prior to their endorsement of the above mentioned intersection treatments, this has resulted in the planned completion date for the civil works now being adjusted to March 2020 to accommodate the delays in the process.   

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:

 “1     Society

1.4    Connected Communities

1.4.1  Connect communities through engagement and involvement

           “2     Economy

                   2.2     Strategic Growth

2.2.5    Attractive investment and major development and major infrastructure”

           “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”

Enterprise Risk Management Considerations

The below risks relating to the issue contained within this tender have been identified and considered within the City’s Strategic and Corporate risk register. Action plans have been developed to manage/mitigate/accept these risks to support existing management systems.

 

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure and utility planning

Moderate

Accountability

Action Planning Option

Director Assets

Manage

 

Risk Title

Risk Rating

CO-004 Asset management

Moderate

Accountability

Action Planning Option

Executive leadership Team

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Director Assets

Manage

 

Risk Title

Risk Rating

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 RJ Vincent has been assessed with an acceptable financial capacity to meet the requirements of the contract and no additional risk mitigation actions are required outside of the need for a contractor to provide security as per the tender documents. It should be noted that RJ Vincent has provided a tender submission for Tender 18246 Pinjar Road Duplication, therefore the assessment also considered the possibility of RJ Vincent being awarded both Tenders 18260 and 18246.

As per tender requirements, RJ Vincent is required to provide two bank guarantees/retention with a combined total of 7.5% of the contract value, for practical completion and for the defects liability period within 14 days after acceptance of tender or five days prior to possession of site, whichever is the latest.

Performance Risk

Over the past five years, RJ Vincent has successfully completed a number of major road duplications for the City of Wanneroo; Connolly Drive, Neerabup Road, Mirrabooka Avenue, Lenore Road and Marmion Avenue. RJ Vincent is also currently constructing the 1.2km section of Marmion Avenue adjacent to Alkimos Vista with works programed to finish by end of March 2019. RJ Vincent has a good appreciation of the City’s requirements.

 

Independent reference checks have also indicated that the recommended tenderer has provided good service and delivery to its customers, including the projects mentioned above for the City.

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 the works will be undertaken to ensure compliance with the OHS requirements.

 

Social and Environmental (Sustainable Procurement) Considerations

RJ Vincent provided a number of responses to the Social and Environmental Considerations under Schedule 3B of the tender.

 

RJ Vincent informed that it will be implementing an Access and Inclusion Plan to maintain pedestrian access at all times, ensuring that the deviations from the current paths are wheelchair, mobility scooter, and vision impairment friendly. When works require the use of active traffic management, the traffic controllers will be in place to assist members of the community when crossing roads and locations within the vicinity of the works area.

 

The majority of these sections of Marmion Avenue do not currently have existing shared paths. RJ Vincent has noted in its tender submission that it intends to ensure that the existing Marmion Avenue carriageway is left mostly unaffected during construction to provide access to the adjacent development for public transport and builders as necessary.

 

RJ Vincent has a Workplace Diversity Program directed at preventing employment-related disadvantages in the company on the basis of disability, gender, race or ethnicity, being an Aboriginal and/or Torres Strait Islander or being a member of a group identified as having an employment related disadvantage.

 

Broader Economic Impact Implications for the City of Wanneroo

RJ Vincent intends to employ locally based sub-contractors.

 

Seventy-nine of RJ Vincent current employees live locally, with many of nominated road crews living in close proximity to the site and potentially be available for call-out should the need arise for after-hours care.

Policy Implications

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

Financial Implications

The contract cost of both separable portions includes the construction cost of a number of new or modified intersections to facilitate future land developments and MetroNet requirements as outlined in the approved Structure Plans. The adjoining land developers have agreed in principle to fund their portion of works included in this tender. Commencement of the work by the City will be subject to the City and developers entering a suitable Deed of Agreement (DoA).

The reimbursement of cost will be calculated using the unit rates within RJ Vincent’s tender submission. The current estimate of reimbursement is in the order of $1.5M. The final amounts will be calculated in consultation with the developers and a report provided to the CEO for approval as per the following Council resolution:

“That Council:-

AUTHORISES the Chief Executive Officer to negotiate and enter into contractual arrangements with developers and landowners to receive contributions to construct sections of the proposed dual-carriageway for Marmion Avenue subject to the criteria outlined in this report;”

It is noted that the works for the Separable Portion 2 will only commence after the receipt of formal approval and agreement by MRWA to the intersection treatments.

The table below summarises the available funding for the project, current expenditures and the recommended tender price by RJ Vincent for the Construction of Marmion Avenue Duplication and associated expenses:

 

PR-4140 Marmion Avenue Duplication (Butler to Yanchep)

Description

Expenditure

Budget

Budget:

 

 

Allocated Capital Works Budget for 2017/18 (PR-4140)

 

$700,000

Allocated Capital Works Budget for 2018/19 (PR-4140)

 

$12,000,000

Allocated Capital Works Budget for 2019/20 (PR-4140)

 

$10,300,000

Expenditure:

 

 

Expenditure incurred in 2017/2018

$540,050.41

 

Expenditure incurred to date (2018/2019)

$1,757,975.98

 

Commitment to date

$1,733,756.72

 

Project Management

$600,000.00

 

Tender Advertisements (Tender and Public Notices)

$10,000.00

 

Construction Activities

 

 

-     Contract No. 18260 – Separable Portion 1 Construction of 8.0km Marmion Avenue Duplication

$12,431,534.44

 

-     Contract No. 18260 – Separable Portion 2 Construction of 2.3km Marmion Avenue Duplication

$5,483,167.81

 

Utility Agents Service relocations

$1,800,000.00

 

Contingency

$1,000,000.00

 

Total Expenditure

$25,356,485.36

 

FUNDING

 

 

-     Contribution / Reinbursment by the developers for their portion of works (estimated)

 

$2,425,385

BALANCE

 

$68,899.64

The remaining funds will be utilised to implement the landscape works to the City’s standard and other works required.

 

Based on the projected cash flow provided by the recommended tenderer, the 2018/2019 funding is likely to be fully expended. Should this not occur due to unavoidable circumstances, the remaining funds will be treated a committed carry forward in 2019/2020.

Voting Requirements

Simple Majority

 

Recommendation

That Council ACCEPTS the tender submitted by Ralmana Pty Ltd t/a RJ Vincent & Co for Tender No. 18260, for the duplication of Marmion Avenue from Camborne Parkway to Yanchep Beach Road as a Fixed Lump Sum Price of $17,914,702.25 in accordance with the terms and conditions specified in the tender document.

 

Attachments:

1.

confidential report attachment - tender 18260

19/67058

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                                                   243

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 March, 2019                                                244

 

Parks & Conservation Management

AS06-03/19       Tender No. 18211 - Provision of Maintenance Services for Beach Access Ways

File Ref:                                              35004 – 19/20852

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider Tender No 18211 for the Provision of Maintenance Services for Beach Access Ways with in the City of Wanneroo for a period of one year with a one year option to extend.

Background

There are 36 formal beach access ways totalling approximately 4km in the City of Wanneroo that require ongoing maintenance. Beach access ways comprise a mixture of hardstand paths (limestone, concrete, bitumen, boardwalks) and sand paths.

Over the next 5 to 10 years it is anticipated that up to another 15 beach access ways will be handed over to the City by developers for ongoing maintenance.  Maintenance of these areas in the past has been on an as required basis carried out by in house staff, consisting of general weed and litter removal, fence repairs, vegetation pruning and sand replenishment/relocation.  The type and form of beach access tracks has changed in recent years to include fencing, erosion control and other more specialised infrastructure.

 

Due to the increase in profile and volume of work involved with maintaining beach access ways, particularly throughout the summer period, a more robust maintenance regime is required in these areas to ensure the ongoing safety of the public and ensure that these assets are maintained to the required standard. These works include weed control, vegetation clearance, litter collection and monitoring/reporting of fence lines. The outsourcing of these works will allow the existing in house maintenance team to focus on the maintenance of other conservation reserves in the City in alignment with the Agreed Service Levels.

A Public Tender was developed to provide the City with the specialised services required for the ongoing maintenance of beach access ways.

Detail

Tender No. 18211 for the Provision of Maintenance Services for Beach Access Ways was advertised on Saturday 27 October 2018 and closed on Tuesday 13 November 2018.

Essential details of the proposed contract are as follows:

Item

Detail

Contract Form

Goods and Services

Contract Type

Lump Sum

Contract Duration

1 Year

Commencement Date

11 March 2019

Expiry Date

10 March 2020

Extension Permitted

Yes, 1 period of 12 months.

Rise and Fall

Maximum Perth All Groups CPI increases upon extensions.

 

Tender submissions were received from the following:

·    Environmental Industries Pty Ltd (EI);

·    Global Resource Support Pty Ltd (Global Resources); 

·    Horizon West Landscape and Irrigation Pty Ltd (Horizon West);

·    Prestige Property Maintenance Pty Ltd (Prestige Property); and

·    Natural Area Holdings Pty Ltd (NAMS).

 

On initial review of the tender submissions by the Tender Evaluation Team (TET), it was confirmed that all tender submissions were deemed to be conforming tenders.

The TET comprised of Coordinator Trees and Conservation Maintenance, Conservation Maintenance Officer, Projects Officer (Environmental) and Occupational Safety and Health Officer who evaluated the tender submissions in accordance with the criteria detailed below.

Probity Oversight

Oversight to the tender assessment process was undertaken by the City’s Contracts Officer.

Tender submissions were evaluated in accordance with the Tender Evaluation Plan (TEP).

Item No

Description

Weighting

1

Demonstrated experience in providing regular maintenance services in accordance with set specifications.

40%

2

Demonstrated understanding of the Contract Specifications and methodology of applying pesticides.

20%

3

Demonstrated capacity to undertake works in  public spaces in accordance with a timeline.

20%

4

Occupational Health and Safety Management systems, policies, practises and procedure and demonstrated compliance with those systems, policies, practises and procedures.

20%

5

Price for Goods/Services offered (‘Pricing”)

Not Weighted

Price was not included as a weighted criterion, however it was included as part of an overall value for money assessment.

Evaluation Criteria 1 - Demonstrated experience in providing regular maintenance services in accordance with set specifications (40%)

The Tenderers relevant experience in demonstrating the achievement of meeting client expectations as presented in their tender submission were assessed in order to evaluate their capacity to meet the requirements of the contract. Assessment of this criterion considered the tendering entity’s credentials to fulfil the requirements of the contract. The assessment of this criterion specifically considered the Tenderers’ relevant experience in conducting beach access way maintenance services.

The information as provided has resulted in the Tenderers being ranked as follows under the criterion:

Tenderer

Ranking

Natural Area Holdings Pty Ltd (NAMS)

1

Horizon West Landscape and Irrigation Pty Ltd (Horizon West)

2

Environmental Industries Pty Ltd (EI)

3

Prestige Property Maintenance Pty Ltd (Prestige Property)

3

Global Resource Support Pty Ltd (Global Resources) 

5

Evaluation Criteria 2 - Demonstrated understanding of the Contract Specifications and Methodology of applying pesticides (20%)

The Tenderers understanding of the Contract Specifications and methodology of applying pesticides were assessed to evaluate their capacity to complete the works as specified, while ensuring the appropriate use of pesticides in public places, to ensure the environmental and social values of the beach access ways and surrounding reserves are maintained. Assessment of this evaluation criterion considered the Tenderers methodology provided, including their understanding of suitable pesticide use and their pesticide management procedures.

The information as provided has resulted in the Tenderers being ranked as follows under the criterion:

Tenderer

Ranking

Natural Area Holdings Pty Ltd (NAMS)

1

Environmental Industries Pty Ltd (EI)

2

Horizon West Landscape and Irrigation Pty Ltd (Horizon West)

2

Prestige Property Maintenance Pty Ltd (Prestige Property)

2

Global Resource Support Pty Ltd (Global Resources) 

5

 

Evaluation Criteria 3 - Demonstrated capacity to undertake works in public spaces in accordance with a timeline (20%)

The Tenderers understanding of the Scope of Works and their capacity to undertake these works were assessed to evaluate the likelihood of the Tenderers being able to complete the work in appropriate timeframes. Assessment of this evaluation criterion considered the Tenderers experience meeting timeframes on previous works.

The information as provided has resulted in the Tenderers being ranked as follows under the criterion:

Tenderer

Ranking

Natural Area Holdings Pty Ltd (NAMS)

1

Horizon West Landscape and Irrigation Pty Ltd (Horizon West)

2

Prestige Property Maintenance Pty Ltd (Prestige Property)

2

Environmental Industries Pty Ltd (EI)

4

Global Resource Support Pty Ltd (Global Resources) 

5

 

Evaluation Criteria 4 - Tenderer’s Safety and Management Systems (20%)

Evidence of safety and management systems, 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 respective safety management systems and based on the information provided tenderers were as follows under the criterion:

Tenderer

Ranking

Environmental Industries Pty Ltd (EI)

1

Horizon West Landscape and Irrigation Pty Ltd (Horizon West)

2

Natural Area Holdings Pty Ltd (NAMS)

2

Prestige Property Maintenance Pty Ltd (Prestige Property)

4

Global Resource Support Pty Ltd (Global Resources) 

5

 

Evaluation Criteria 5 - Pricing for the Goods/Services/Works Offered

Price criterion is assessed on the tendered fixed price. Price is not weighted and is included in the overall value for money assessment.

Tenderer

Ranking

Environmental Industries Pty Ltd (EI)

1

Prestige Property Maintenance Pty Ltd (Prestige Property)

2

Natural Area Holdings Pty Ltd (NAMS)

3

Horizon West Landscape and Irrigation Pty Ltd (Horizon West)

4

Global Resource Support Pty Ltd (Global Resources) 

5

 

Overall Weighted Assessment and Ranking

Tenderer’s submissions were reviewed in accordance with the Tender Evaluation Plan with the following key observations:

·   Price is not weighted and is included in the overall value for money assessment; 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 under the qualitative criteria resulted in the following tender ranking:

Tenderer

Ranking

Natural Area Holdings Pty Ltd (NAMS)

1

Horizon West Landscape and Irrigation Pty Ltd (Horizon West)

2

Environmental Industries Pty Ltd (EI)

3

Prestige Property Maintenance Pty Ltd (Prestige Property)

4

Global Resource Support Pty Ltd (Global Resources) 

5

 

Overall Comment

Though Environmental Industries and Prestige Property provided a lower tender price submissions than Natural Area Holdings Pty Ltd, the qualitative criteria assessment clearly indicated that Natural Area Holdings Pty Ltd’s tender submission provides an overall better outcome for the City. Environmental Industries and Prestige Property’s tender submission scores didn’t meet the City’s requirements. Natural Area Holdings Pty Ltd has substantial experience working in the natural environment and provided a detailed methodology that highlighted their experience in this type of service. In consideration of all these attributes, Natural Area Holdings Pty Ltd is positioned to afford the City the best value for money. Natural Area Holdings Pty Ltd is therefore recommended as the successful tenderer.

Relevant Stakeholder Consultation

Nil

 

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.

Enterprise Risk Management Considerations

The condition of the City’s beach access ways can deteriorate if not maintained to an acceptable level and can quickly lose aesthetics and accessibility if overgrown with vegetation, weeds or rubbish.

The inability of a contractor to supply these services will have several impacts:

·    The City not providing the required standard of service to its ratepayers;

·    Inappropriate use of pesticides, leading to off-target damage to vegetation in conservation reserves; and

·    Rubbish and other materials accumulating in conservation reserves, beaches and the ocean.

 

It is imperative that the successful Tenderer has the required experience, staff, equipment and financial capacity to meet the contract 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. Natural Area Holdings Pty Ltd has developed an overall sustainability strategy which incorporates both the environmental policy and social accountability policy.

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. Natural Area Holdings Pty Ltd response advises that they have 14 employees that live locally.

Purchasing Policy Implications

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

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 Natural Area Holdings Pty Ltd has been assessed with a ‘strong’ financial capacity to meet the requirements of the contract.

Performance Risk

Independent reference checks have been undertaken as part of the tender evaluation process for Tender No. 18211. As these reference checks indicated that the recommended tenderer has the capability to meet the requirements of the contract, those checks have been utilised.

Financial (Budget) Implications

The costs associated with the Provision of Maintenance Services for Beach Access Ways are included in the 2018/19 (and future years) Operational Budget. The value of work over the initial 1 year term of the contract is a fixed annual price of $88,557.00. The tender includes the option for one renewal for an additional 12 months.

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

Voting Requirements

Simple majority.


 

 

Recommendation

That Council:-

 

1.      NOTES that maintenance of beach access ways is proposed to be outsourced by engaging contract resources; and

 

2.      ACCEPTS the tender submitted by Natural Area Holdings Pty Ltd (NAMS) for Tender 18211, for the Provision of Maintenance Services for Beach Access Ways, for the fixed lump sum price of $88,557 in accordance with the terms and conditions specified in the tender document.

 

 

 

Attachments:

1.

confidential report attachment Tender 18211

19/67443