Proof_CouncilAgenda_Coverpage_Template_Governance

 

 

 

 

 

 

BRIEFING PAPERS

FOR ELECTED MEMBERS’

BRIEFING SESSION

 

Draft Only

 

 

 

 

 

to be held at

the Council Chambers, Civic Centre, Dundebar Road, Wanneroo

on 28 May, 2019 commencing at 6.00pm


PROCEDURE FOR FULL COUNCIL BRIEFING

Principles

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

 

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

 

Process

The briefing session will commence at 6pm and will be chaired by the Mayor or in her absence the Deputy Mayor.  In the absence of both, Councillors will elect a Chairperson from amongst those present.  In general, Standing Orders will apply, EXCEPT THAT Elected Members may speak more than once on any item, there is no moving or seconding items, Officers will address the Elected Members and the order of business will be as follows:-

 

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

·                     Attendance and Apologies

·                     Declarations of Interest

·                     Reports for discussion

·                     Tabled Items

·                     Public Question Time

·                     Closure

 

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

 

Agenda Contents

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

 

Agenda Distribution

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

 

Deputations

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

 

Record of Briefing

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

 

Location

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


COMMONLY USED aCRONYMS AND THEIR mEANING

Acronym

Meaning

 

 

ABN

Australian Business Number

 

 

ACN

Australian Company Number

 

 

Act

Local Government Act 1995

 

 

CBP

City of Wanneroo Corporate Business Plan

 

 

CHRMAP

Coastal Hazard Risk Management & Adaption Plan

 

 

City

City of Wanneroo

 

 

CPI

Consumer Price Index

 

 

DBCA

Department of Biodiversity Conservation and Attractions

 

 

DFES

Department of Fire and Emergency Services

 

 

DOE

Department of Education Western Australia

 

 

DOH

Department of Health

 

 

DPLH

Department of Planning Lands and Heritage

 

 

DPS2

District Planning Scheme No. 2

 

 

DLGSCI

Department of Local Government, Sport and Cultural Industries

 

 

DWER

Department of Water and Environmental Regulation

 

 

EPA

Environmental Protection Authority

 

 

GST

Goods and Services Tax

 

 

JDAP

Joint Development Assessment Panel

 

 

LTFP

Long Term Financial Plan

 

 

MRS

Metropolitan Region Scheme

 

 

MRWA

Main Roads Western Australia

 

 

POS

Public Open Space

 

 

PTA

Public Transport Authority of Western Australia

 

 

SAT

State Administrative Tribunal

 

 

SCP

City of Wanneroo Strategic Community Plan

 

 

WALGA

Western Australian Local Government Association

 

 

WAPC

Western Australian Planning Commission

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                         I

 

 

Briefing Papers for Tuesday 28 May, 2019

 

CONTENTS

 

Item  1_____ Attendances_ 1

Item  2_____ Apologies and Leave of Absence_ 1

Item  3_____ Reports_ 1

Planning & Sustainability  1

Strategic Land Use Planning & Environment  1

3.1                         Draft Transport Strategy 2019/20  1

3.2                         Close of Advertising - Annual Review of Cell Costs for the East Wanneroo Cell 1 Planning and Developer Contributions Arrangements  29

3.3                         Annual Review of Cell Costs - East Wanneroo Planning and Developer Contribution Arrangements Cells 2-9  52

Approval Services  93

3.4                         Review of Local Planning Policies  93

3.5                         Amendment No. 165 to District Planning Scheme No. 2 - Review of the Mixed Use Zone - Consideration Following Advertising  124

Land Development  142

3.6                         Draft Local Planning Policy 4.4 - Urban Water Management  142

Assets  183

Asset Operations & Services  183

3.7                         PT03-05/19 - Request for Footpath along Grayswood Court and Rockdale Pass Landsdale  183

3.8                         City of Wanneroo Road Safety Strategic Action Plan 2019/2021  188

Infrastructure Capital Works  198

3.9                         Tender No 19035 - Design and Construction of the Kingsway Aquatic Playspace  198

Community & Place  206

Community Facilities  206

3.10                      Casserley Park, Girrawheen - Outcome of Community Consultation and Concept Approval  206

3.11                      Bert Togno Park, Wanneroo - Seniors Recreation Space - Outcome of Community Consultation and Concept Approval  218


 

Corporate Strategy & Performance  227

Strategic & Business Planning  227

3.12                      Financial Activity Statement for the period 30 April 2019  227

Transactional Finance  255

3.13                      Warrant of Payments for the Period to 30 April 2019  255

3.14                      Financial Hardship - Collection of Rates & Service Charges Policy  320

3.15                      Review of Accounting Policy  329

Customer & Information Services  380

3.16                      Personal Information Privacy Policy  380

Council & Corporate Support  386

3.17                      Donations to be Considered by Council - June 2019  386

3.18                      Council Policy Amendments - Corporate Strategy  & Performance Directorate  390

Chief Executive Office  435

Office of the CEO Reports  435

3.19                      Development of the City's Landholdings within the Neerabup Industrial Area Working Group  435

Advocacy & Economic Development  442

3.20                      City of Wanneroo Agribusiness Position Paper - Approval for Public Consultation  442

3.21                      Endorsement of Tourism Plan 2019-2024  450

Governance & Legal  500

3.22                      Annual Delegated Authority Review 2018/2019  500

3.23                      Strategic 3 Year Internal Audit Plan  645

Item  4_____ Motions on Notice_ 659

Item  5_____ Late Reports_ 659

Item  6_____ Public Question Time_ 659

Item  7_____ Confidential_ 659

7.1                         Future of Lot 501 (94) Hampton Road Darch  659

7.2                         Tender No. 18127 - Neerabup Industrial Area Resource Extraction  660

Item  8_____ Date of Next Meeting_ 661

Item  9_____ Closure_ 661

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                        1

 

Agenda

 

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

 

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

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Reports

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

Planning & Sustainability

Strategic Land Use Planning & Environment

3.1    Draft Transport Strategy 2019/20

File Ref:                                              8862V02 – 19/176546

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider the City’s draft Transport Strategy 2019/20 for the purpose of advertising for public comment. 

Background

Transportation is critical to a community’s social, cultural and economic success. Without the efficient movement of people, goods and services the potential for communities to prosper is limited. The rise of private cars has had marked implications for transport and mobility and reshaped traditional economies and societal structures. Whilst this brought about many benefits, excessive car use in modern societies has become a major issue facing cities and is unsustainable in the long-term. The negative impacts of excessive car use are particularly prevalent in outer metropolitan suburbs, such as many of those in the City.

The excessive use of the private car exclusively without the use of public transport, cycling and walking is unsustainable. Some of the challenges associated with high car usage include air pollution, greenhouse gas emissions and climate change, increased consumer and economic costs and traffic congestion.


 

At present, 93,000 cars travel in and out of the City for work on an average day which is expected to double by 2041. Eighty percent of the City’s working residents drive their private cars to work and 23 percent of these residents travel thirty kilometers or more each day to their place of employment. By 2031, it is anticipated that three of the ten most-congested corridors in Australia will traverse the City. 

In order to address this, the draft Transport Strategy 2019/20 (the draft Strategy) (Attachment 1) has been developed in response to the City’s SCP and is included as a key project in the CBP.  It addresses community expectations identified in the SCP for a healthy and sustainable natural and built environment, and in particular a focus on achieving the outcome for a ‘Connected and Accessible City’.

Detail

Purpose of the Strategy

The draft Strategy addresses the need to create a more balanced and sustainable transport future. To achieve this, it proposes a gradual shift over time towards more balanced transport in which cars are used for some trip types, but that this is balanced with the use of a range of other user-friendly, accessible, affordable and reliable transport alternatives. The draft Strategy outlines eight broad principles to achieve balanced transport, which will be integrated with land use planning to ensure that the city is designed in such a way that it facilitates the use of all modes of transport by the community. 

The draft Strategy has a high level focus consistent with that of the City’s hierarchy of strategies and plans, and is intended to be a broad, overarching document that will be delivered over many years in collaboration with the Federal and State Government, the private sector and the community.

A more detailed Transport Plan will be prepared to implement the Strategy, and this will include key actions and targets and timeframes for the delivery of projects associated with the Plan.

Relationship to other strategies and plans

The draft Strategy aligns with key Federal, State and City planning strategies, plans and programs already adopted or to be prepared (Figure 1). This includes State Government’s Perth & Peel @ 3.5 Million & North-West Sub-Regional Planning Framework (which promotes the development of communities around develop around key transport links) and the Perth & Peel @ 3.5 Million The Transport Network (which provides guidance on the delivery of efficient and effective movement of people and freight that is integrated with land use planning).

        


 

Figure 1: Strategic Framework for the draft Strategy and related Plans and Strategies

The draft Strategy focusses not only on transport but integrates transport with other key issues, and therefore will have an integral relationship with a number of the City’s key strategies, plans and programs including:

·          The Local Planning Strategy – which will be informed by the Transport Strategy to guide the City’s strategic land use planning over the long-term;

·          The Local Environmental Strategy 2018 – which informed the Strategy’s focus on mitigating detrimental transport related impacts on the environment;

·          The Local Housing Strategy – which will promote the development of housing close to existing and proposed transport services;

·          The Economic Development and Advocacy Plan – which promotes the development of appropriate transport infrastructure to support economic development and employment creation;

·          The Place Framework – which provides the strategic basis for transport services and infrastructure in the City’s Place Management Areas; and

·          Other documents such as the City’s Cycle Plan and future Public Health Plan which promotes a safe and healthy community.

 

Eight principles to achieve a more sustainable transport future

The draft Strategy proposes the implementation of a more balanced transport system and the integration of transport planning with land use planning, in order to create a more sustainable transport future.  In order to achieve this, it proposes the implementation of eight principles, which are outlined in Figure 2 below:

Figure 2: Transport Strategy 2019/20’s principles to create a more balanced and sustainable transport future

·     Principle one: Place-based land use and transport planning

In the past, much of the City’s development occurred in response to rising car use which resulted in a dispersed land use and transport pattern. Place-based land use and transport planning involves strategically aligning land use, development and transport in communities to reduce the need for the use of private cars to travel. 

In this regard, the Strategy proposes a stronger relationship between place-based land use and transport planning achieved through focussed transit-oriented development (i.e. increasing residential, business and leisure spaces within walking distance of public transport);  the development of urban villages (support a ‘community within community’ development approach in which local destinations are easily accessible by all modes of transport); and diverse and accessible activity centres (to ensure centres are connected and accessible).

·     Principle two: Pedestrian-first environments  

‘Pedestrian-first’ environments prioritise people walking and using mobility aids and provide them with urban environments that are safe, convenient and pleasant. Although the City has applied an improved standard of pedestrian infrastructure to many of its areas, some places lack connectivity.  In this regard, the draft Strategy proposes the development of more pedestrian first environments which are safe and has high amenity; are connected through a legible pathway network for all users and facilitates universal access for the elderly and people with disabilities.

·     Principle three: Prioritised cycle network

Cycling is an emission-free form of active transport that, like walking, offers significant benefits to people and communities. Many of the City’s suburbs offer an ideal topography and climate for cycling. However, the relatively large size of the City’s catchment area and its distance from the Perth City means it must ensure that cycle network investment is coordinated with land use planning. In order to facilitate this, the draft Strategy supports the City’s Cycle Plan and promotes fast and connected cycle networks with appropriate infrastructure to support that, with the development of cycle facilities and creating community awareness about the benefits of cycling.

·     Principle four: Convenient public transport

The aim of this principle is to provide incentives for people to use public transport over cars and to facilitate public transport that is more frequent, affordable and reliable. Although the City is relatively well served by an integrated rail and bus system, public transport is not used to its full potential, adding increased pressure on the road network and increasing congestion. To improve the convenience of public transport the draft Strategy proposes improved network coverage and accessibility, improved legibility and frequency and connectivity; and the prioritisation of public transport infrastructure.

·     Principle five: Effective freight network

An efficient freight network ensures the reliable delivery of goods and services to businesses and communities to support the local economy.  In this regard, the City has a strong economic base that relies heavily on the regional road network for its freight transportation, particularly around industrial areas such as Neerabup and Wangara. To ensure that the City’s freight network continue to support economic development and employment generation, the draft Strategy supports the provision of key freight networks that are efficient, effective and accessible; and advocates for the delivery and protection of key freight routes.


 

·     Principle six: Well-connected employment precincts

Car dependence is particularly prevalent in locations where people must travel further to access their places of work. Being on the metropolitan fringe, a vast number of residents travel extensive distances to work.  In order to mitigate this, the draft Strategy promotes the creation of stronger, well-connected, local employment precincts.

·     Principle seven: Travel behaviour change

Many people default to using their cars for single person journeys without much deliberation. Influencing travel behaviour change involves informing people of the advantages of other forms of transport and provide up-to-date travel information.  In this regard, the draft Strategy supports initiatives to inform residents about their travel options.

·     Principle eight: Embracing technological change

Technology in the transport sector is undergoing rapid change bringing with it opportunities for high quality, state of the art transport alternatives to the private car. The City must plan for and consider the potential implications of these new technologies, as these will have environmental, social and economic impacts for the City. The draft Strategy supports initiatives to encourage technological change; consider ways in which technological changes will be facilitated; and advocates that the City should lobby for new transport infrastructure to support the City’s population growth.

Consultation

External consultation has not yet been undertaken in relation to the draft Strategy.

It is recommended that after Council endorses the draft Strategy, that it be advertised for public comment for a period of 42 days by way of a local newspaper advertisements, a City website update through the City’s ‘Your Say’ and Facebook pages, and referred to relevant State Government agencies.

Comment

The draft Strategy has been developed as a strategically-focussed, high level and long-term document that includes the implementation of eight broad principles to achieve the City’s goal of creating a more balanced and sustainable transport future. Given this high level focus, a detailed Transport Plan will be prepared to implement the Strategy.  The Transport Plan will consider the focus areas proposed in the Strategy and outline specific priority tasks, key actions, targets and timeframes to achieve balanced transport.

It is noted that the City is only one stakeholder in planning for transport in its local government area. In this regard, the Transport Plan will require close collaboration with the relevant Federal and State Government agencies, the private sector and the community.  This will include the City advocating for services and infrastructure to support the Plan’s actions.

The preparation of the Transport Plan will involve close consideration of the City’s existing road networks, infrastructure and services, and it is anticipated that the preparation of the Transport Plan will be considered for inclusion in the City’s CBP 2020/21 – 2023/24.

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

 

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

3.5.3  Advocate for major integrated transport close to communities.

Risk Management Considerations

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

The draft Strategy provides the strategic basis for the timely and coordinated implementation of infrastructure to support the achievement of a more balanced transport system which is integrated with land use planning.

Risk Title

Risk Rating

ST-S06 Climate Change

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

A key aim of the draft Strategy is to mitigate climate change by reducing transport-related emissions associated with private car use.

The draft Strategy provides the strategic basis for the timely and coordinated implementation of infrastructure to support the achievement of a more balanced transport system which is integrated with land use planning.

A key aim of the draft Strategy is to mitigate climate change by reducing transport-related emissions associated with private car use.

Policy Implications

The draft Strategy has been informed by the City’s Pathways Policy, which is particularly relevant to its Principle two: Pedestrian-first environments.

A future Transport Plan, developed to implement the Strategy, may require the consideration and subsequent adoption of new Council and local planning policies to assist in achieving balanced transport.

Financial Implications

If adopted by Council, the Strategy and subsequent Transport Plan could refocus the City’s capital expenditure into the future, in order to transition a greater proportion of expenditure away from road-based outcomes to pedestrian and cycling infrastructure and by changing the City’s urban structure.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       AUTHORISES the advertisement of the draft Transport Strategy 2019/20, as contained in Attachment 1, for public comment for a period of 42 days by way of the following:

a)     Advertisement in a local newspaper;

b)     City website update through the City’s ‘Your Say’ and Facebook pages;

c)     Referred to relevant State Government agencies; and

2.       NOTES that the feedback received on the Transport Strategy 2019/20 will be presented to Council for consideration following the public comment period.

Attachments:

1.

Attachment 1 - Draft Transport Strategy 2019

19/173664

Minuted

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                         16

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                      34

3.2    Close of Advertising - Annual Review of Cell Costs for the East Wanneroo Cell 1 Planning and Developer Contributions Arrangements

File Ref:                                              23145V02 – 19/111275

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Issue

To consider public submissions received in relation to and finalise, the annual review of cell costs for the East Wanneroo Cell 1 Developer Contributions Arrangements, including a revised land valuation and partial return of excess funds to contributing landowners.

Background

In accordance with the requirements of DPS2, the East Wanneroo developer contribution arrangements are required to be reviewed annually to ensure that the Infrastructure Cost per Lot (ICPL) amount is correctly set to collect sufficient funds to cover the costs associated with the delivery of agreed infrastructure items. The East Wanneroo Cell 1 Agreed Structure Plan (ASP) covers the suburbs of Ashby and Tapping (Attachment 1). The ASP is predominately developed (96%), with the remaining landholdings consisting of several original market gardens and balance title lots.

 

The relevant provisions of DPS2 require Council to review the Estimated Lot Yield in respect of Cells 1 to 6 and 9; the Infrastructure Cost per Lot in respect of Cells 1 – 6 and 9; and the remaining area of Cells 7 and 8 which is capable of being developed; having regard for the actual lots produced in each Cell since the last review, the remaining Cell Works, any amendments to the Local Structure Plan and any other factors the Council considers relevant.

At the meeting of Council on 5 March 2019 (PS03-03/19), Council resolved to advertise the revised land valuation of $1,862,500 as recommended by the City’s valuation panel (refer Attachment 2) and the revised ICPL of $18,808.74 for East Wanneroo Cell 1, in accordance with the provisions of DPS2, as per (inter alia) the following:

“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.”

Detail

Part 9 and Schedule 6 of DPS2 set out the provisions for the management and implementation of the East Wanneroo Developer Contributions Arrangements.  In accordance with these provisions, the City is required to annually review the Cell Costs and Council is to determine whether to increase, decrease, or maintain the current ICPL rates as a result of the review.

 

Administration has identified that a significant amount of excess funds have been collected for Cell 1 and this has accumulated due to the following factors:

 

·          Cell costs not being reviewed for an extended period of time;

·          Higher than anticipated lot yield and associated cell funds;

·          Decreasing lot sizes;

·          Landowners initiated amendments to the ASP to introduce higher density coding;

·          Additional ICPL payments from group housing lots (i.e. lifestyle villages), where ICPL contributions have been calculated based on the R20 group housing potential of larger lots in accordance with DPS2;

·          Interest generated and applied to the cell accounts;

·          Economical savings on major projects;

·          The deletion of a pedestrian underpass for Pinjar Road; and

·          The introduction of state grants for major road projects.

 

It is acknowledged that the provisions of DPS2 provides a methodology that recognises that all contributing landowners are entitled to any excess Cell funds that remain after full development of the Cell. Given the extent of excesses identified through the audit, Administration has considered the return based on these provisions and sought to implement a methodology that reflects the ultimate obligation to return excess funds and the incorporation of actual ICPL contributions and cell costs, resulting from the factors affecting the annual review (as per dot points above).

 

The methodology used by Administration seeks to estimate the extent of excess funds at full development and apportion excess funds between contributions received and estimated future contributions based on the ICPL contributions paid or payable and thereby:

 

·                     Reduce the current ICPL for Cell 1 by the extent of the remaining landowner’s portion of the estimated excess;

·                     Make an early return of estimated excess funds to those landowners that have already made a contribution; and

·                     Retain a contingency from the early return of funds from those landowners that have already made a contribution to ensure adequate funds remain within the cell account to complete the cell works (pending the receipt of future contributions from landowners yet to develop).

 

Administration has considered the specific financial circumstances for this Cell and recognises the advanced state of development and the City’s ability to accurately estimate remaining Cell Works, with adequate funds available within the Cell account to complete all remaining Cell Works.

Consultation

The City advertised the proposed land value for a period of 28 days and the revision of Cell Costs for a period of 42 days. In accordance with the provisions of DPS2, advertising was 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 addition, several workshops were held with the three major landowners in Cell 1, including Peet, Satterley and Cedar Woods (who represent approximately 70% of DCP funds received) and other meetings with interested landowners on a case-by-case basis.

The consultation requirements for the annual review and land valuation differ under clauses 9.11.5 and 9.14.3 of DPS2. The annual review was advertised from the 11 March to the 23 April 2019 and the revised Cell valuation was advertised from 9 March to the 9 April 2019.


 

Comment

Submissions received

 

Throughout the consultation process, Administration identified several adjustments to the Transactional Audit findings and estimated costs, resulting in an increase in the total estimated excess funds for Cell 1.

At the close of the consultation period three submissions were received. None of these submissions have raised objection to the recommendations of the annual review or land valuation, subject to the adjustments recommended by Administration being agreed by Council.

 

The submissions received came from landowners that have already made a contribution during advertising, with no submissions received form landowners that are yet to subdivide. 

The submissions are summarised below:

 

·          Lagoon Investments - The sole proprietor and developer of Lot 23 (54) Ashley Road, Tapping has advised that the company Lagoon Investments Pty Ltd was wound up after the completion of the subdivision and that any excess scheme funds would be payable to Mr AJ Manners as the sole proprietor.

 

Administration Response:

 

Should Council agree to make an early return of estimated excess funds (or a return at full development), then Administration will need to undertake a verification and validation process to establish each landowner’s entitlement and the extent of any potential return.

 

·          Aigle Royal - A submission was made by Aigle Royal and their nominee entities who have previously subdivided in Cell 4 (Pearsall). Aigle Royal is seeking to formally lodge an interest in the future findings and recommendations in relation to Cell 4.

 

Administration Response:

 

This submission relates to the East Wanneroo Cell 4 structure plan area. This landowner will be contacted as part of the annual review for Cell 4.

 

·          Cedar Woods, Peet and Satterley

o        A joint submission dated 2 May 2019 was received from the three major Cell 1 contributing landowners (refer Attachment 3). The following points represent the salient comments included in the submission:

o        No objection to the revised ICPL or land valuation for Cell 1.

o        Acknowledge and appreciate the efforts of the City through the comprehensive review and audit of Cell 1.

o        Liaison with Administration throughout the consultation period has identified cost savings to the cell, which has resulted in an increase of approximately $2.5 million in the estimated total excess in cell funds that can be returned.

o        No objection to the City’s review of Cell 1 subject to payment being made proportionally to contributing landowners on or before 30 June 2019 and in accordance with the methodology already circulated and agreed by Council.

o        Any savings on the Pinjar Road project being clearly documented and attributed to the cell in future reviews.

o        Unspent contingency or variations associated with Cell 1 being credited to the Cell 1 account and clearly documented in future reviews.

o        The City prioritising the completion of Cell 1 works and expediting the tranche 2 refund payment.


 

o        Any acceptance of return agreement to note the basis of the return and in particular that a tranche 1 payment be made prior to 30 June 2019 and that the second tranche amount (retained) be offset against any liability/entitlement that arises upon the closure of the Cell.

 

Administration Response:

 

A series of working group meetings were held with the major landowners in Cell 1, with the primary focus to inform and discuss the City's position on reasonable costs for inclusion into the Cell 1 annual review, including the Transactional Audit recommendations. Overall the feedback from the landowners was proactive and positive in relation to the proposed methodology of review, including consideration for making an early return of excess funds.

 

Revision to Annual Review of Cell Cost Estimates

 

Administration has further scrutinised and reviewed the cost estimates and Audit recommendations in light of discussions with the major Cell 1 landowners.  Administration considers that the revisions to the advertised cost estimates are acceptable and recommends that these be endorsed by Council.

 

The revision to the cost estimates has resulted in the total estimated excess at full development increasing from the advertised $24,038,686 to $26,772,872 ($2.7 million increase). The increase relates primarily to the following:

 

·                     Pinjar Road – Decrease in the cost estimate of the Cell 1 contribution towards the construction of Pinjar Road from $3 million to $1.234 million (approximately $1.8 million). The reduction in this cost was indicated in the previous report to Council, where detailed cost estimates were being prepared but were not available at the time of preparing the initial cost estimates. These costs have been refined and apportioned as part of the Pinjar Road duplication tender process. The revised figures have been received and were discussed with the major Cell 1 landowners, where agreement on the apportionment of costs was determined with consideration for state grants, municipal works and the cell obligations under DPS2.

 

·                     Environmental Offsets – Decrease in the cost estimate of the Cell 1 contribution towards environmental offsets from $1.034 million to $378,000 (approximately $656,000). The reduction was premised on the revision of principles to be applied to the calculation and recoupment of environmental offsets associated with cell works not previously charged and a revised apportionment of the environmental offsets costs between Cells 1 and 2.

 

·                     Interest adjustments associated with the aforementioned changes (approximately $16,000).

 

·                     The remaining Estimated Lot Yield increasing from 124 to 128, where additional lot potential was identified for the cell (approximately $100,000).

 

·                     The changes result in an increase in the estimated excess funds and therefore a greater reduction in the ICPL for future subdividers from $18,808.74 to $18,018.64.  Whilst the above variations represent a change to the advertised version of the annual review cost estimates, the changes have occurred as a result of discussions with the major landowners. 

 


 

Deletion of Pedestrian Underpass

 

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. Additional upgrading to footpaths to improve the ‘at grade’ crossing infrastructure has been included into the estimates for remaining cell works along Pinjar Road.

Administration recommends that Council agrees to the modifications considered as part of the consultation process and approve the annual review of costs as depicted in Attachment 4.

 

William Buck – Report on factual findings

 

William Buck were engaged by the City to verify and assist in the validation of the annual review findings, including the external auditing of the Transactional Audit, which forms part of the annual review recommendations. The report has confirmed the revised cost estimates and associated methodology that forms part of the annual review recommendations. A summary of the findings is depicted in the table below.

 

 

A copy of the William Buck report has been attached (refer Attachment 5).

 

Conclusion

 

The review of Cell Costs for Cell 1 is necessary to ensure contributions are appropriately set and only reasonable costs are imposed on developers; and to ensure that ratepayer funds are not required to supplement the developer obligations.

 

Whilst the Cell 1 contribution arrangements have not been reviewed since 2006, the City has managed the cell expenditure effectively, economically and otherwise in accordance with the requirements of DPS2. The City has achieved the timely provision of infrastructure to a high standard and for the benefit of local residents and the contributing developers.

 

The East Wanneroo Cell 1 annual review recognises the lack of annual review and the potential for excess funds to be realised at full development of the Cell; and that excess funds have been generated by the economical delivery of the required infrastructure, the utilisation of state grants for major road projects and the accumulation of interest on the cell accounts.

 

The annual review recognises that the contributing landowners are entitled to any excess funds at full development and recommends that Council approves an appropriate course of action that recognises the significant amount of excess funds and apportions these funds to all Cell landowners by making a partial return of excess to landowners that have contributed; and reducing the current ICPL for Cell 1 for undeveloped landowners. Subject to each respective contributing landowner executing a Deed of Acknowledgement and Agreement, on terms satisfactory to the City, Administration recommends paying a partial return of the excess funds to the respective contributing landowners in accordance with the methodology set out in this report.  Subject to each respective contributing landowner executing a Deed of Acknowledgement and Agreement, on terms satisfactory to the City, Administration recommends paying a partial return of the excess funds to the respective contributing landowners in accordance with the methodology as set out in the Recommendation.

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.  

 

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 DPS2, 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 annual review has been undertaken to ensure that there is a return of excess funds to contributing landowners but also adequate contingency held to fund the remaining cell works.

 

The work undertaken by the City in relation to the Transactional Audit and proper interpretation of the provisions of DPS2 reduces the City’s risk of impacts on trust, probity and accountability as it will bring the City to a level of compliance. 

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 $3,180,936 in net adjustments to the cell based on the Transactional Audit recommendations.

 

A total excess of cell funds at completion of the DCP is estimated to be $26,772,872. The estimated excess has been apportioned between those landowners that have already made a contribution and those that are yet to subdivide based on the number of ICPL contributions paid and payable.

 

An amount of $25,772,309 has been identified as the portion of the estimated excess at full development that applies to those landowners that have already paid.  A 12% contingency is recommended to be retained and may be returned to those landowners when adequate contributions have been received from future subdividers. On this basis, Administration is recommending a partial return of excess of $22,679,632 and the retention of 12% contingency, which equates to $3,092,677

 

An amount of $1,000,563 has been identified as the portion of the estimated excess at full development that applies to those landowners that are yet to pay (develop or subdivide).  The annual review has apportioned this amount over the estimated remaining lot yield for Cell 1, which equates to a $7,817 reduction in the ICPL rate for the remaining landowners (reduction in the current ICPL from $25,835.54 to $18,018.64).

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       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 Infrastructure Cost per Lot for remaining landowners;

2.       APPROVES 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;

3.       APPROVES the revised Infrastructure Cost per Lot of $18,018.64 for East Wanneroo Cell 1 in accordance with Clause 9.11.5 of District Planning Scheme No. 2;

4.       APPROVES the amount of $25,772,309 as the estimated portion of excess funds at full development that is applicable to those landowners that have already made a contribution and AUTHORISES:

a)         A partial return of estimated excess funds of $22,679,632 pending  development of all the land in cell and finalisation of the return of excess requirements in accordance with Clause 9.13.3 of District Planning Scheme No. 2, or as otherwise agreed by Council;

b)        The retention of a contingency amount of $3,092,677 (12% of applicable estimated excess) in a Cell 1 account and restricted for this purpose, pending the remaining estimated contributions being received; and

c)         Subject to each respective contributing landowner executing a Deed of Acknowledgement and Agreement, paying the respective landowner the apportionment of excess funds ($22,679,632) based on each respective landowner’s total contributions (total ICPL paid) as a proportion of the total contributions estimated at full development.

5.       APPROVES the findings of the Internal Transactional Audit for Cell 1 and make the necessary financial adjustments, modifications and payments to facilitate the annual review recommendations; and

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

 

Attachments:

1.

East Wanneroo Cell 1 Agreed Structure Plan

18/469019

 

2.

Revised Cell 1 Valuation - 2019

19/61288

 

3.

Major Landowners Joint Submission - Cell 1 Annual Review

19/172059

 

4.

Cell 1 - Summary of Income and Expenditure 2019 (Final)

19/190358

 

5.

William Buck External Audit - Annual Review

19/190486

 

 

 

 

 

 

 

 

 

 


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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                      55

3.3    Annual Review of Cell Costs - East Wanneroo Planning and Developer Contribution Arrangements Cells 2-9

File Ref:                                              5734 – 19/174356

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       11         

Issue

To consider the process and methodology for the annual review of the developer contribution arrangements for the East Wanneroo Cells 2-9 Agreed Structure Plans, including the findings of the Transactional Audit and endorse for public advertising.

Background

Framework for the Administration of Developer Contribution Schemes

 

The City’s DPS2 provides the statutory basis for the administration and management of developer contributions, including provisions that describe the nature and extent of Cell Works that may be charged to Developer Contributions Plans (DCPs).

 

The scheme provisions were originally prepared in the late 1990’s in accordance with the WAPC Planning Bulletin No. 18 (PB 18), which provided the framework for implementing DCPs and provides guidance on the type of infrastructure that may be charged to the plans.  In 2009 PB 18 was replaced by the WAPC’s State Planning Policy 3.6 – Developer Contributions (SPP 3.6), which is now the principle planning policy guiding local government in the preparation and administration of DCPs. 

 

In April 2001, Amendment 816 to Town Planning Scheme No. 1 introduced Part 9 and Schedule 6 for the East Wanneroo Planning and Developer Contribution Arrangements, which now form part of DPS2.  As shown in Attachment 1, the East Wanneroo Cells include the areas of Wanneroo, Ashby, Tapping, Hocking, Pearsall, Landsdale, Darch, Madeley and Wangara. Under Clause 9.11 of DPS2, the City is required to annually review the East Wanneroo Cell costs, including the Estimated Lot Yield (ELY), the Infrastructure Cost per Lot (ICPL) rate in respect of Cells 1-6 and 9; and the remaining area of Cells 7 and 8 which are capable of being developed. 

 

Audit and Risk Committee actions

 

In March 2016, Administration commenced an internal review of the accuracy of the Cell 1 financial data for the period of 1 July 2010 to 30 June 2015 and sought to provide the financial adjustment findings to the external auditor for audit. In November 2018, the City’s external auditor, William Buck completed an Internal Audit Review of Land Development & Contributions in accordance with the requirements of the Audit and Risk Committee. The internal audit identified a number of management actions that need to be completed by the City to ensure the effective administration of developer contributions.  In this regard, Administration is progressing well towards completion of these actions in accordance with the timeframes endorsed by the Committee. 

 

Accordingly one of the actions is the statutory requirement to perform Annual Reviews of East Wanneroo Cells 1-9, which has not been undertaken since 2006.  In this regard, the Cell 1 annual review was presented to the Audit and Risk Committee on the 19 February 2019 and was subsequently endorsed by Council on 5 March 2019 (PS03-03/19) for consent to advertise. 


 

The review was advertised from the 12 March to the 23 April 2019 in accordance with the provisions of DPS2 and the submissions will be considered by Council on 4 June 2019.  Council consideration for the annual review of Cells 2-9 will bring the review requirements for all the Cells into statutory compliance

 

Transactional Audit

 

Administration initiated a Transactional Audit (Audit) in March 2016 and although this was initially scoped to review the accuracy of the Cell 1 financial data for the period 1 July 2010 to 30 June 2015, the scope of the Audit was subsequently extended to include the years 1999/2000 to 2017/2018 for all East Wanneroo Cells (1-9).  The Audit has identified project accounting errors where funding from the East Wanneroo Cells was incorrectly charged. Also, a major component of the Transactional Audit has been investigation and analysis of the DPS2 scheme provisions and observations on the City’s compliance with legislative requirements to ensure that the City is interpreting the provisions correctly. From this, Administration has undertaken a detailed review of historic municipal expenditure associated with all cell work projects and is recommending recoupment by the City, where appropriate to do so.   

 

In this regard, Administration has historically used a conservative interpretation of the scope of infrastructure that was able to be charged to the relevant cell accounts. In some instances the City utilised municipal funds for additional infrastructure (i.e. second carriageway structures such as lighting). However, on review of the matter by Administration, this historical interpretation was determined to be too conservative and certain works can be interpreted as cell works and charged to the cells.  As a consequence of this interpretation, it is recommended that Council pursue recoupment of historical municipal expenditure from the cells, as depicted in the Transactional Audit findings.

 

The new interpretation of works recommended by the Audit has been based on an interpretation of Schedule 6 of DPS2 and applied to both historic and remaining estimated costs and includes allowance for dual carriageway works and environmental offset clearing costs, where the need for these works has been identified.

 

Summary of Findings

 

The initial internal reviews of Cell 2 to Cell 9 were finalised in December 2018 which included review and confirmation of findings by external auditors William Buck. The reviews also identified a number of administration actions that are being progressed.

 

Subsequent to further guidance on the principles and methodology for interpreting Cell Works in accordance to Schedule 6 of DPS2 (e.g. treatment of Environmental Offset and Infrastructure costs such as pathways, drainage and landscaping etc.) a further review of cost allocations applicable to all Cells was necessary and was initiated in January 2019. The findings were recently completed and the following net adjustments are recommended:

 

·          Project Accounting Errors - Project accounting errors include incorrect general ledger entries used when processing transactions and project expenditure not being apportioned to the correct funding source. These issues have been addressed during the audit and procedures have now been put in place to prevent these errors reoccurring, including monthly reconciling of accounts.  The total net corrections results in a recoupment of $3,106,690 from the relevant Cell accounts back to municipal.

·          Environmental Offsets (Omission of Costs) - Costs associated with preparing the offset management plan, establishment and maintenance as required by State and/or Federal clearing permits to facilitate Cell Works (i.e. clearing of vegetation for Ocean Reef Road, Hartman Drive, Gnangara Road and Hepburn Avenue). The total net corrections results in a recoupment of $3,552,608 from the relevant Cell accounts back to municipal.

·          Interpretation of Cell Works - Certain cell works have been previously charged to municipal and the cell accounts. The Audit has identified and recommends that some works have been charged incorrectly to both the cells accounts and municipal and should be corrected. These costs should be recouped by municipal or credited to the cells as an ‘error’ in the project cost allocations. The interpretation utilised in the Audit recommendations now includes structures associated with dual carriageway works, including earthworks, street lighting, intersection treatment, service relocation, drainage, dual use paths and kerbing associated with District Distributor Roads construction. The net correction results in a recoupment of $2,539,116 from the relevant Cell accounts back to municipal.

·          Interest Adjustment - The corrections recommended by the Audit require the re-calculation of the interest attributed to the cell accounts. The net correction of interest results in a recoupment of $2,211,987 from the relevant Cell accounts back to municipal.

 

Summary Table – The following summary table represents the overall findings from the Transactional Audit and the recommended financial adjustments for each Cell (2-9).

 

Transactional Audit Recommendations

Cell

Project Accounting Errors

Environmental Offset (Not previously charged)

Interpretation of Schedule 6 of DPS 2

Net Adjustments

Interest Adjustments

Total net recoupment to Municipal

 

 

 

 

 

 

 

2

-           107,973.00

         543,423.49

                      104,907.69

          540,358.18

          182,567.78

            722,925.96

3

            387,967.00

 

          387,967.00

          368,985.79

            756,952.79

4

-           176,863.00

 

                   1,122,791.09

          945,928.09

            39,638.79

            985,566.88

5

         2,250,044.95

      1,261,182.33

                      184,492.16

       3,695,719.44

          972,548.68

         4,668,268.12

6

         1,896,968.00

         278,310.10

                   1,034,686.00

       3,209,964.10

          961,890.87

         4,171,854.97

7

            112,029.00

 

 

          112,029.00

            16,591.83

            128,620.83

8

-        1,255,483.00

      1,189,631.21

 

-           65,851.79

-         485,663.80

-           551,515.59

9

 

         280,061.22

                        92,239.00

          372,300.22

          155,427.99

            527,728.21

 Total

         3,106,689.95

      3,552,608.35

                   2,539,115.94

       9,198,414.24

       2,211,987.93

        11,410,402.17

 

For a more detailed summary of adjustments proposed in the City’s internal Audit findings refer Attachment 11.

Detail

The City is currently in breach of its statutory obligation under DPS2 to annually review the Cell Costs of the East Wanneroo Cells. The provisions of DPS2 provide Council with the discretion to either increase, decrease or maintain the current (2006) ICPL rates through the annual review process.

 

Due to the extended time period since the last annual review in 2006, each cell will have a different financial position that requires the cell costs to be either increased, retained or reduced.

 

Given the advanced state of some cells, it is necessary to consider an appropriate methodology to review cell costs with consideration for factors that may limit or prevent all the land in the cells being development in a timely manner. 

 

In accordance with the provisions of DPS2, the annual reviews must have regard to the actual lots being produced in each cell since the last review, the remaining Cell Works (infrastructure to be funded by the DCP), any amendments to the local structure plan and any other factor the Council considers relevant. Administration has utilised the provisions of DPS 2 to establish the scope of works that may be charged to the cells; undertaken a detailed review of historic expenditure and made cost estimates for remaining work for each cell.

 

In order to facilitate the annual review, it is recommended that Council endorses the methodology for interpreting cell works as outlined below are applied through the Annual Review of Cells 2-9.

 

Transactional Audit - Principles and methodology for interpreting Cell Works

 

In considering the Audit recommendations on the interpretation of DPS2 the following should be noted:

 

·          Second carriageway (four lanes) structures may now in part be included (i.e. dual carriageway structures, including street lighting, intersection treatments, drainage and additional dual use paths etc. but exlcudes the second carriageway pavement costs) as a DCP cost; and

·          Environmental offset costs may now be included as a DCP cost, where the clearing occurred as part of the cell works.

 

In line with the approach taken in Cell 1, it is recommended that the following methodology be applied through the Audit and  Annual Review of Cells 2-9:

 

·          All intersection treatments prior to January 2005 should not be charged to the DCP, with only intersection lighting (i.e. not all lighting) to be included as a Cell Work before January 2005 (prior to Amendment 17 to DPS2);      

·          All other roadworks made necessary as a consequence of development should be excluded and should not be charged to the DCP;

·          The DCP should be charged for 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;

·          The specified percentage of the cost of laying a single carriageway (1 lane in each direction) should be charged to the DCP; 

·          The full cost of earthworks for a dual carriageway should be charged to the DCP;

·          The cost of structures should be charged to the DCP, including kerbing, service ducts, street lighting, intersection treatments; relocation of existing services, dual use paths, and structures ultimately built for a ‘dual’ carriageway (2 lanes in each direction); and

·          The costs of preparing and implementing the relevant environmental offsets as required through the agreed Federal and State Environment Offset Management Plan(s) should be charged to the DCP, including the implications of clearing of land due to earthworks to facilitate a second carriageway (as per below).

 

Environmental Offsets

 

The following principles have been applied to the calculation and recoupment of Environmental Offsets associated with cell works (not previously charged). These costs are recommended to be:

 

·          Proportionally charged based on ‘clearing area’ and according to the need and nexus between clearing and funding responsibility;

·          Should not be charged twice where State and Federal permits overlap the same offset areas, and upon completion of the Federal obligations the State obligations will continue but only for the portion defined in the State Management Plan and must be charged according to the correct funding allocation (which may be different to the Federal). For example, the State obligations for the management of the current offset areas may be to establish vegetation for 10 years and the Federal obligations for four to six years as defined;

·          Federal clearing obligation (funding) overrides the State; and

·          Subject to the above, where environmental offset areas have grouped multiple projects, the funding source shall be apportioned based on the extent of clearing required for the relevant project.

 

State Government road grants

 

Under the State Government’s ‘State Road Funds to Local Government Agreement’, road project grants are given to local governments.  In this regard, the City has obtained funds from the State Government for historic road projects and this funding was applied to the construction of roads, including second carriageways, street lighting and intersection construction.

 

The Audit recommends that the interpretation of cell works in Schedule 6 of DPS2 allows for certain second carriageway works and structures to be recouped from the relevant cell accounts.  In some instances, grant funding was also obtained for these works, and as such, it is necessary to exclude certain works from the recoupment to ensure probity and fairness. In this regard, only those works defined in the “Transactional Audit - Principles and methodology for interpreting Cell Works” section of this report have been included; however these costs have been excluded, where the works were funded under the terms of the grant. 

Pedestrian underpasses

At the time of preparing the East Wanneroo Cells in the late 1990’s consideration and allowance was made for the construction of pedestrian underpasses for Skeit Road, Mirrabooka Avenue and Pinjar Road. The initial and subsequent road construction projects for these roads considered the need and suitability of the underpasses, where construction was not required.

A high level review of the underpass requirements was recently undertaken as part of the Infrastructure Audit, where Porters Consulting Engineers were engaged and have confirmed that various alternative crossing points exist and that no significant deficiencies occur regarding pedestrian crossings.

On the basis that pedestrian underpasses are not required, it is recommended that they be deleted from the cost sharing arrangements. It should be note that the associated road projects include alternative ‘at grade’ pedestrian crossing points and that these costs have been apportioned to the cells, state grants or municipal as determined through the relevant road project.

Annual Review of East Wanneroo Cells 2-9

 

The City is currently in breach of its statutory obligation under DPS2 to annually review the Cell Costs of the East Wanneroo Cells. The provisions of DPS2 provide Council with the discretion to either increase, decrease or maintain the current (2006) ICPL rates through the annual review process.

 

The City has continued to collect contributions from landowners based on the 2006 ICPL rates, acquired land and constructed infrastructure in accordance with Cell Works defined in DPS2. It is not practicable to recalculate and establish (retrospectively) whether the retention of the 2006 ICPL has resulted in the setting of the rate too high, or whether other factors have affected the ‘actual’ contributions received in each cell (2-9) and a position will need to be agreed on the best course of action for each cell.

 

Relevant factors have been considered as part of the annual review, including the actual contributions received, expenditure to date, the Audit findings and the remaining estimates for cell works.

 

Council is required to determine whether adequate funds are likely to be obtained to complete the cell works and consider:

 

·          Increasing the ICPL rate;

·          Decreasing the ICPL rates; or

·          Retaining the current ICPL.

 

In this regard, the following provides a recommended position on each cell based on the findings of the Annual review and a rationale for proceeding to public consultation on the revised cost estimates including ICPL rates and land valuation obtained through a valuation panel.

 

Revised Land Valuation

 

Land valuations for Cells 2-9 were last revised in November 2015 (PS08-11/2015). 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 2).

 

The recommended change to land values is considered to be relatively minimal across most residential cells, however a decline in industrial land values (Cells 7 and 8) is noted as per the following table. A small increase to the residential land values across all cells between one percent and six percent has been recommended by the City’s Valuation Panel.

 

 

The recommendations of the valuation panel have been included into the annual review of cell costs.

 


 

Cell position and recommended action

 

The position in each cell and recommended approach in relation to the annual review of each cell is summarised below. A summary statement and annual review calculations are attached as Attachments 3 to 10.

 

Cell 2

 

A large portion of Cell 2 has been sterilised by a Poultry Farm Buffer associated with the Ingham’s Poultry Farm (which has been purchased by Stockland). The cell is 55% developed, however with the imminent relocation of the poultry farm, it is expected that this area will develop rapidly in the coming years.

 

The Servite land is located within the Wanneroo Town Centre Structure Plan and is identified as a mixture of residential R60 and R100 in the draft new Structure Plan.  There is the probability that the landowners (primarily Stockland) will request the ICPL calculation be based on a higher Estimated Lot Yield (ELY), rather than 9 lots per/ha as part of the consultation process. If this occurs, an amendment to clause 9.6.2 of DPS2 would be required or a new DCP or other arrangements agreed. As an example, a higher lot yield of 13 lots per ha would result in the ICPL rate being reduced to approximately $18,500 per lot. Given this cell has a large area of undeveloped land; there is adequate flexibility to consider other mechanisms to ensure the provision of the required infrastructure.

 

However, Administration is recommending that the revised ICPL of $26,936 be adopted (increase of $2,574) and that Administration continue to work with the affected landowners to determine the suitability of retaining/amending the East Wanneroo Cell 2 cost sharing arrangements, or introduce a new DCP in accordance with SPP 3.6 or other agreement.

 

There are large areas of POS yet to be acquired and a minor increase in the ICPL has been identified to ensure contribution rates are set at appropriate levels to ensure adequate funds are received to complete the cell works.

 

Cell 3

 

This Cell is predominately developed (91%) and all POS areas have been acquired with the exception of a small area of historic POS credit ($150,000).  The costs associated with the Transactional Audit recoupment ($756,953) and Dundebar Road acquisition/construction costs ($2.5 million) will significantly increase the ICPL for those few remaining landowners (46 ELY contributions estimated). The impact of these costs will result in a significant increase in the ICPL rate from $14,036 to $43,465.

 

A 100% contribution provision by Cell 3 landowners for the construction of Dundebar Road was included in DPS 2 due to the fact that the land to the north of Dundebar Road at the time was zoned Rural in the Metropolitan Region Scheme and were unlikely to be developed.  This land has subsequently been rezoned to Urban Deferred, which is anticipated to be lifted following the finalisation of the district structure plan for East Wanneroo. This will enable the landowners north of Dundebar Road to develop their land and benefit from the construction of the road, which means that they should be liable for a 50% contribution.

 

The Audit and Risk Committee on 14 May 2019 considered the implications of the current DPS 2 requirement to charge 100% of the construction cost of Dundebar Road to Cell 3 landowners.   In this regard, the Audit & Risk Committee resolved that the ICPL rate should increase from $14,036 to $16,116 and that an amendment to DPS 2 should be made in order to reflect a reduction in the Cell 3 obligation from 100% to 50%. 

 

The external Audit report however highlighted the fact that the reduction of the ICPL rate is contrary to the provisions of DPS 2.   Due to this and the need for the City to have an unqualified audit report, it is recommended by Administration that Council undertakes the scheme amendment, however that it adopts the higher ICPL rate of $43,465 to comply with the statutory requirements of DPS 2 until the scheme amendment is finalised.  This amendment will be subject to support from the WAPC and approval by the Minister for Planning, and will reduce the Cell 3 ICPL to approximately $16,116. 

This recommended revised approach is in line with the intent of the Audit and Risk Committee, however, will resolve the Audit non-compliance issue and reduce any risks to the City. If the ICPL is not increased for the period until the scheme amendment is determined, the City would be liable for 50% of the cost (estimated at $1,3 million), which would need to be prefunded by the City and alternative funding sources found to facilitate this.  Notwithstanding, it should be noted that Administration is not currently aware of any land development activity on the remaining major landholdings in this cell and considers that it is unlikely that these landowners will consider development or subdivide prior to consideration of the scheme amendment.  The Dundebar Road upgrade is currently identified in the City’s capital works programme for 2022/23 and the timing and prioritisation of this will be managed by the City to minimise any associated risks.  The City will liaise with the remaining landowners who are yet to develop to explain the recommended approach.

 

Cell 4

 

This cell is predominately developed (95%) with only 202 lots undeveloped. There is a projected excess of approximately of $9.2 million at full development if all the land in the cell develops and the current ICPL rate is maintained (including future estimated income $4.7 million). Whilst excess funds are likely at full development, the extent of these excesses is dependent upon the final costs associated with ongoing land acquisitions (POS acquisition -Lots 1 and 8 Wanneroo Road, claim for injurious affection) and Lenore Road (Bakota – Supreme Court). The final costs are yet to be determined with potential for significant variances.

 

There is a significant risk that the acquisition and legal costs could escalate and therefore reduce the extent of the excess cell funds due to ongoing legal action. There are also several major landholdings including the BMX Club and Pearsall Community Church and a high number of remnant land holdings (including Existing House Lots and balance Title Lots) that may not develop within a reasonable time period. These landholdings represent approximately half of the estimated future income or $2.5 million of the estimated excess at full development

 

Whilst an excess in funds is possible at full development, Administration is not recommending a return of excess funds until greater certainty can be established on the final costs. The current ICPL rate of $23,327 should be retained for the remaining developers to ensure an accountable position on the cell accounts can be maintained pending greater certainty on the costs prior to considering a return of potential excess funds.

 

It should be noted that if Council was to pursue a partial return of estimated excess funds (as per Cell 1) then the exclusion of future income and appropriate contingency (similar to Cell 1) would translate into a relatively low return in ICPL contributions (i.e. approx. $4 million dollars excess shared over a total estimate 4,526 ICPL contributions equates to an average of $1,000 return per ICPL contribution received), whilst significantly increasing the financial risk to the City.

 

Cell 5

 

This cell is predominately developed (95%) with only 136 contributions remaining form the undeveloped land. There is a projected excess of approximately $6.7 million at full development if all the land in the cell develops and the current ICPL rate is maintained.

Whilst excess funds are likely at full development, the extent of the excess is dependent upon the final costs associated with an ongoing land acquisition claim for Lot 6 Gnangara Road (Mirrabooka Avenue land requirement) and some areas of POS. The final costs are yet to be determined with potential for significant variances in the land taking process (Kilmaley – Supreme Court).

 

Administration is not recommending a return of excess funds until greater certainty can be established on the final costs. The current ICPL rate of $30,909 should be retained for the remaining developers to ensure an accountable position on the cell accounts can be maintained pending greater certainty on the costs prior to considering a return of potential excess funds.

 

It should be noted that if Council was to pursue a partial return of estimated excess funds (as per Cell 1) then the exclusion of future income and appropriate contingency (similar to Cell 1) would not translate into a significant early return in ICPL contributions (i.e. $2.5 million dollars excess shared over a total estimate 3014 ICPL contributions equates to an average of $850 return per ICPL contribution received), whilst significantly increasing the financial risk to the City.

 

Cell 6

 

This cell is predominately developed (88%).  There is a projected excess of approximately $15.1 million at full development if all the land in the cell develops and the current ICPL rate is maintained.

 

There have been over 4,500 contributions received in this cell, with 541 remaining contributions estimated. There are several major undeveloped landholdings in this Cell that are potentially constrained or have operating land uses. These lots represent a significant portion of the total estimated excess funds at full development

 

Administration is not recommending a return of excess funds until greater certainty can be established on the final costs and remaining income. The current ICPL rate of $24,678 should be retained for the remaining developers to ensure an accountable position on the cell accounts can be maintained pending greater certainty on the costs prior to considering a return of potential excess funds or closing the cell.

 

It should be noted that if Council was to pursue a partial return of estimated excess funds (as per Cell 1) future income would be excluded and therefore would not translate into a significant return of reduction in the ICPL contributions (i.e. $1.8 million dollars excess shared over a total estimate 5108 ICPL contributions equates to an average of $352 return per ICPL contribution received). It is also recognised that this would significantly increase the financial risk to the City. It is noted that the estimated excess at full development of $15.1 million is dependent upon all land developing and the remaining income projection represents $13.4 million of that amount.

 

Cell 7

 

The cell is nearly 70% developed. The reduction in the contribution rate can be associated with the deletion of several roads identified in the approved structure plan resulting in more developable land areas being available. A detailed assessment of the structure plan and remaining undeveloped land has enabled a more accurate estimate on future income. It should be noted that the methodology is area based and relies upon the full development of the cell and has little margin for error. This methodology is different to the residential cells, which make an estimate of future income based upon a conservative lot yield estimate.

 

A minor reduction in the square metre rate from $13.15 to $9.73 is considered acceptable and is consistent with normal fluctuations associated with an annual review.

Cell 8

 

The cell is just under 80% developed. The reduction in the contribution rate can be associated with the deletion of several roads identified in the approved structure plan, resulting in more developable land areas being available. Further a detailed assessment of the structure plan and remaining undeveloped land has enabled a more accurate estimate on future income. It should be noted that the methodology is area based and relies upon the full development of the cell and has little margin for error. This methodology is different to the residential cells, which make an estimate of future income based upon a conservative lot yield estimate.

 

A minor reduction in the square metre rate from $24.44 to $16.93 is considered acceptable and is consistent with normal fluctuations associated with an annual review.

 

Cell 9

 

This cell is predominately (75%) developed, with only 530 lots estimated to be remaining.

 

There has been savings made with actual expenditure being less than the estimated expenditure for road construction works and POS development. The cell is also tracking above the estimated lot yields of 13 lots per hectare. The resultant impact on the ICPL is that the rate reduces from the current $32,205 to $21,733 per lot. This cell was adopted in 2015 and therefore the adjustment to the ICPL is considered to be acceptable and a reflection of the actual costs incurred.

A reduction in ICPL rate from $32,205 to $21,733 is considered acceptable and is consistent with normal fluctuations associated with an annual review.

Based on the above analysis Administration is not recommending a return of estimated excess funds for any of the cells (2-9).

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 DPS2.  In accordance with the above and following Council’s endorsement of the Annual Review, Administration will proceed with advertising for a period of 28 and 42 days respectively.

Comment

It is recommended that Council notes the background, process and timing in relation to the Annual Review of Cells 2-9 and the findings of the Transactional Audit for Cells 2-9 as contained in the revised cell cost estimates in Attachments 3 to 10.  It is further recommended that Council endorses the application of the provisions of DPS2 in respect of Cell Works prescribed in Schedule 6 of DSP2 to include dual carriageway structures and environmental offset costs as outlined in this report. 

 

Once Council has endorsed the Annual Review for advertising purposes the following key milestones have been identified for the annual review programme:

 

·                     Formal public advertising and notification for 42 days (June/July 2019);

·                     Council consideration of submissions following public advertising process; and

·                     Commercial arbitration in the event that landowners object to the review findings and Council does not agree with the objection. 

Throughout the annual review process it has become apparent that the East Wanneroo Cost Sharing Arrangement provisions of DPS2 (Part 9 and Schedule 6) are now outdated and inconsistent with the State Government’s Model Scheme Text (standard wording for all planning schemes in the State).

 

Given the advanced state of most cells, an entire change to DPS2 in accordance with the requirements of SPP 3.6 would be problematic and is not recommended, however some minor amendments to certain provisions relating to the return of excess, updating the estimated lot yield provisions of DPS 2 and other minor improvements would assist the City to finalise annual reviews and proceed to closure of the East Wanneroo Cells in a timely and acceptable manner.

 

In order to facilitate this, Administration considers that a future amendment to DPS2 following the conclusion of the Annual Review process may be appropriate to provide greater certainty to landowners and Administration in the management of the East Wanneroo Cells until closure.

Statutory Compliance

The City is currently in breach of its obligations under Clause 9.11.1 of DPS2, which specifies that Council must review Cell Costs on an annual basis.  The completion of the Annual Reviews and associated actions will bring the East Wanneroo Cells into statutory compliance with DPS2.  The City has been undertaking external audits of City accounts, inclusive of DCP funds annually in accordance 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 significant risks associated with the implementation of the Annual Review of the East Wanneroo Cells due to the extended period of time since the last review in 2006, and the resultant excess of funds in some cells, the above risks relating to this issue have been identified and considered within the City’s existing Strategic risk register. 

 


 

It is noted that Council is not required, in accordance with the provisions of DPS2, to change the ICPL or to return funds prior to full development of Cells.  Although formal reviews have not been undertaken during this time, the City has implemented ongoing monitoring of the Cell accounts and all income and expenditure has been maintained within the Cell accounts in accordance with the requirements of DPS2. The expenditure of DCP funds since 2006 could be contested through a mediation process by affected landowners and the project expenditure since 2006 could impact the City’s Long Term Financial Plan.

The inclusion of some Cell Works that were not originally included when the DCPs were initiated could be contested.  In this regard, the Annual Review will be subject to the normal statutory process as per DPS2, including the possibility of commercial arbitration.

Increasing the ICPL rate for Cell 3 landowners from $14,036 to $43,465 reduces the risk to the City’s ratepayers, however it pose a reputational risk to the City.  This will be mitigated by clearly communicating with relevant landowners that a scheme amendment will be undertaken by the City as soon as possible to reduce the rate to a figure close to the existing ICPL amount. 

Policy Implications

Nil

Financial Implications

Administration has reviewed the East Wanneroo Cells and makes recommendations that some infrastructure which has previously been funded through City’s municipal accounts can now be funded from the Cells 2-9 accounts.  This includes environmental offsets, lighting and intersection works.

 

The specific financials for each cell will vary depending upon each cells particular circumstances.  Administration maintains detailed financial spreadsheets for DCP’s, which is common practice across the Local Government sector. The reconciliation of financial spreadsheets across all Cells has identified some outstanding balances requiring more detailed investigation. The outstanding balances have mostly occurred in historic development prior to 2006, where detailed review of records is required. These balances are considered to be relatively minor and will be investigated as part of the next annual review process.

Subject to the agreement of Council to the recommendations of the Transactional Audit and the revision of costs, it may be necessary for Administration to make adjustments to the Long Term Financial Plan and adopted Capital Works programmes to reflect the revised DCP funding allocations for associated projects, including any variations to estimated costs that may occur as part of subsequent Annual Reviews.

A significant aspect of the Annual Review has been the incorporation of the Transactional Audit findings, which have been externally audited by William Buck. As defined in the Transactional Audit Summary Table in the Background section of this report, the Transactional audit identified $11.4m in overcharges to the City which are proposed to be credited back to the Strategic Initiatives Reserve. A copy of the William Buck external audit has been included as Attachment 11.

Voting Requirements

Simple Majority

 


 

Recommendation

That Council:-

1)         ENDORSES the application of the provisions of District Planning Scheme No. 2 in respect of Cell Works prescribed in Schedule 6 of District Planning Scheme No. 2 to include dual carriageway structures and environmental offset costs and in particular:

a)             Exclude intersection treatments prior to January 2005 and not charging these to the Developer Contributions Plan, with only intersection lighting (e.g. and not all lighting) being included as a Cell Work before January 2005 (prior to Amendment 17 to District Planning Scheme No. 2);

b)             Exclude other roadworks made necessary as a consequence of development and not charging these to the Developer Contributions Plan;

c)             Include and charge to the Developer Contributions 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;

d)             Include and charge to the Developer Contributions Plan the specified percentage of the cost of laying a single carriageway;

e)             Include and charge to the Developer Contributions Plan the full cost of earthworks for a dual carriageway;

f)              Include and charge to the Developer Contributions 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

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

2)         ENDORSES the findings of the Transactional Audit for Cells 2 – 9 as contained in the revised cell cost estimates in Attachment 3-10;

3)         ADVERTISES the revised average englobo value per hectare for East Wanneroo Cell 2-9 for a period of 28 days in accordance with Clause 9.14.3 of District Planning Scheme No. 2, as below:

·           Cell 2 - $1,912,500;

·           Cell 3 - $1,925,000;

·           Cell 4 - $1,975,000;

·           Cell 5 - $2,025,000;

·           Cell 6 - $2,125,000;

·           Cell 7 - $2,125,000;

·           Cell 8 - $2,020,000; and

·           Cell 9 - $2,025,000.     

4)         ADVERTISES the revised Infrastructure Cost Per Lot for East Wanneroo Cells 2-9 for a period of 42 days in accordance with Clause 9.11.5 of District Planning Scheme No. 2, as below:

·           Cell 2 - $26,936;

·           Cell 3 - $43,465;

·           Cell 4 - $23,328;

·           Cell 5 - $30,909;

·           Cell 6 - $24,679;

·           Cell 7 - $9.73;

·           Cell 8 - $16.93; and

·           Cell 9 - $21,733.

5)         NOTES the following:

a)             The deletion of the underpasses from Cells 2, 5 and 6 from the cost sharing arrangements; and

b)             That Administration intends preparing an amendment to District Planning Scheme No. 2 to consider a range of recommended improvements to the East Wanneroo Cost Sharing Arrangements, including appropriate estimated lot yields for Cells 1-6, greater clarification on the methodology for return of excess funds and a reduction in the apportionment of acquisition and construction costs for Dundebar Road from 100% to 50%, as defined in the Cell 3 cost estimates. 

 

Attachments:

1.

Attachment 1 - Cells 1-9 Consolidated Location Plan

19/162679

 

2.

Consensus Land Valuation - 2019 (Cells 2-9)

19/188823

 

3.

Cell 2 - Summary of Income and Expenditure 2019 (Final)

19/184177

 

4.

Cell 3 - Summary of Income and Expenditure (Final) 2019

19/198746

 

5.

Cell 4 - Summary of Income and Expenditure (Final)- 2019

19/191295

 

6.

Cell 5 - Summary of Income and Expenditure (Final) - 2019

19/191298

 

7.

Cell 6 Income and Expenditure Summary (Final)

19/191302

 

8.

Cell 7 - Summary of Income and Expenditure (Final) - 2019

19/175388

 

9.

Cell 8 - Summary of Income and Expenditure (Final) - 2019

19/175417

 

10.

Cell 9 - Income and Expenditure Summary (Final)

19/192197

 

11.

Detailed Summary - Transactional Audit Recommendations

19/184806

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                      97

 

Approval Services

3.4    Review of Local Planning Policies

File Ref:     3446 – 19/132311

Responsible Officer:     Director Planning and Sustainability

Disclosure of Interest:   Nil

Attachments:       5         

Issue

To consider the following Local Planning Policies (LPPs), which are due for review:

 

·          Local Planning Policy 2.2: Caravan Park, Camping Grounds and Park Home Park (LPP 2.2);

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

·          Local Planning Policy 4.11: Pedestrian Access Way (LPP 4.11).

Background

On 29 May 2018, Council resolved to adopt a schedule of anticipated review dates for a number of LPPs. LPPs 2.2 and 2.3 were anticipated to be reviewed by 30 May 2019. LPP 4.11 was not referred to in this report or resolution.

 

On 16 October 2018, Council considered a report on a number of LPPs due for review. This report also identified LPPs that required substantial review in light of new issues that have arisen and/or legislative changes. The body of this report referenced the following review timeframes:

 

LPP for Review

Timeframe for Review

LPP 2.2: Caravan Park, Camping Grounds and Park Home Park Planning Policy

Commencement of review in 2018/19

LPP 2.3: Child Care Centres

Commencement of review in 2018/19

LPP 4.11: Pedestrian Access Way

Commencement of review in 2018/19

Detail

LPP 2.2 Caravan Parks, Camping Grounds and Park Home Parks

 

LPP 2.2 was prepared in 2000 to provide guidance on the development of Caravan Parks, Camping Grounds and Park Home Parks within the City. The Policy contains provisions relating to the following matters:

 

·         Environmental considerations;

·         Impact on the human environment;

·         Social and community considerations;

·         Local rural strategy;

·         Mix of long stay and short stay sites in parks; and

·         Site design considerations.

 

Whilst many of the provisions contained within the Policy are administered through other legislation, a more comprehensive review of the provision of short-term accommodation is required to ensure the future planning framework fully captures Council’s strategic intent. This is discussed further under the comment section of the report.

 

A copy of LPP 2.2 is provided as Attachment 1.

 

LPP 2.3 Child Care Centres

 

LPP 2.3 was prepared in 2011 to provide guidance on the design, location and development of Child Care Centres. LPP 2.3 specifically relates to Child Care Centres and not Family Day Care Centres which fall within the land use definition for a Home Business – Category 2 under DPS 2.

 

The main issues identified in the assessment of applications for Child Care Centres and through community consultation relate to their location, traffic impacts, availability of parking and noise. The draft LPP 2.3 addresses these issues and has simplified a number of provisions in the existing Policy which lack clarity and are open to interpretation.

 

A table detailing matters considered in the review of LPP 2.3 is provided as Attachment 2. A track changes version of LPP 2.3 is provided as Attachment 3. A clean copy of the draft LPP 2.3 is provided as Attachment 4.

 

LPP 4.6 Signs

 

While Administration has completed its review of this Policy, a recent inquiry regarding a Large Format Digital Signage structure within the City has highlighted a possible need to specifically address this form of signage within the Policy.  In light of this, Administration intends to further review the Policy and present it to Elected Members for further information and discussion prior to finalisation of this review.

 

LPP 4.11 – Pedestrian Access Ways

 

LPP 4.11 was prepared in 2000 to:

 

·          Provide guidance to Council on the evaluation of applications for closure of pedestrian access ways (PAWs);

·          Guide applicants on the matters Council will consider when evaluating applications for closure of PAWs; and

·          Provide a framework for presenting applications for closure of PAWs to the State Government.

 

At the time the process sat under the Town Planning Act 1928 and was a land subdivision/ amalgamation process. However, the process to close a PAW is now administered through Section 87 of the Land Administration Act 1997 and does not require any decision to be made under the Planning and Development Act 2005 or the City’s District Planning Scheme No. 2. Closure of a PAW is determined by the WAPC who administers this part of the Land Administration Act 1997.  The process of closing a PAW is set out in the WAPC’s detailed guidelines titled “Procedure for the Closure of Pedestrian Access Ways October 2009”.

 

A LPP is therefore, not an appropriate mechanism to guide this land management process as the power arises from the Land Administration Act 1997. However, the need for a clear procedure for both customers to apply to the City and for administration of the request by the City is acknowledged. An operational procedure and an information sheet for the City’s website on the closure of PAWs and relevant considerations are currently being prepared, and will be completed before the Policy is revoked. These will ensure affected land owners and service units are provided with the opportunity to comment on applications to close a PAW. The procedure will ensure all relevant matters are taken into consideration before Council makes a recommendation on a proposed closure of a PAW to the WAPC. In addition, the procedural requirements will be embedded within the Road Closure Guidelines prepared by Administration, which do not require Council endorsement.

 

It is proposed to revoke LPP 4.11 as the Policy does not serve a planning purpose. There are established State Guidelines in place to administer the process and the City will have a clear procedure for Administration to deal with PAW Closure requests.

A copy of LPP 4.11 is provided as Attachment 5.

Consultation

Clause 4(2) of the deemed provisions of DPS 2 requires a draft LPP to be advertised for a minimum of 21 days. However, Administration recommends that the draft LPPs be advertised for a period of 42 days to allow more time for affected stakeholders to provide their comments. It is proposed that the draft amendments to LPP 2.3 be advertised in the following manner:

 

1.         Advertisement in a local newspaper;

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

3.         Referral in writing to affected persons or agencies as determined by Administration.

 

There is no requirement in DPS 2 to advertise the intent to revoke an LPP. Under Clause 6(b) of the Deemed Provisions of DPS 2, however, a notice to revoke LPP 4.11 is required. A notice to this effect will therefore be made through the same methods as those noted above, for a period of 42 days.

 

Following the 42 day advertising period, a summary of submissions received and Administration’s responses to those submissions will be included in a report to Council to consider final adoption of draft LPP 2.3 and the revoking of LPP 4.11.

Comment

The procedures for preparing, amending and revoking local planning policies are set out in the Deemed Provisions of DPS 2, which prescribe that an LPP can be prepared on any matter related to the planning and development of its Scheme area, and must be based on sound town planning principles and may address either strategic or operational considerations in relation to matters to which the Policy applies.

 

The proposed changes to LPP 2.3 are based on sound planning principles and address operational considerations in the assessment of development applications for Child Care Centres. The proposed changes improve the legibility and clarity of the Policy and will ensure the planning framework sets appropriate controls for these types of developments.

 

The proposed revocation of LPP 4.11 is consistent with the Deemed Provisions of DPS 2, given the Policy does not relate to a planning matter under the Planning and Development Act 2005. The operational requirements of the process will be contained within an City Management Procedure.

 

In relation to LPP 2.2, many of the Policy provisions are administered through other legislation and therefore are not relevant for inclusion within an LPP. However, there are a number of matters including strategic intent for this type of accommodation, location, lot boundary setbacks and landscaping which are considered relevant planning matters that should be set out in a LPP. Further consideration of these issues is necessary to ensure the Policy settings respond to and complement Council’s draft Tourism Strategy and draft LPP and Local Law for Short Term Accommodation which have all previously been considered by Council and are well advanced. The draft Tourism Strategy is currently out for consultation, with progress on the draft LPP and the City’s Short-Term Accommodation Local Law 2017 pending the outcome of a Parliamentary enquiry into short-stay accommodation in Western Australia. It is considered preferable to prepare a succinct and concise planning framework to deal with tourist accommodation in lieu of a number of individual instruments, each dealing with a separate type of accommodation. Review of LPP 2.2 at this time is considered premature in light of these related matters. It is expected that a comprehensive report on tourist accommodation including caravan parks will be provided to Council within the 2019/2020 financial year, which will be a precursor to a review of LPP 2.2.

 


 

Review Period – Local Planning Policies

 

There are currently no legislative requirements in place relating to timeframes in which LPPs must undergo review. In respect to LPP review periods, Council at its 18 October 2018 Meeting (PS02-10/18) resolved the following:

 

“SUPPORTS a four-year default review period for Local Planning Policies noting that any Policy could be reviewed within that four year period if either Council or Administration considers it necessary.”

 

Administration has prepared the draft amendments to LPP 2.3 to specify a four year review period, consistent with Council’s previous resolution above.

Statutory Compliance

In accordance with Clause 5 and 6 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, Council may resolve to amend or repeal a LPP. A draft Policy or Policy intended to be repealed must be advertised for public comment for a period of not less than 21 days after which time it is to be reviewed in the context of any submissions received and either adopted with or without modifications or not proceeded with.

 

Strategic Implications

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

 “4     Civic Leadership

4.2    Good Governance

4.2.2  Provide responsible resource and planning management which recognises our significant future growth

Risk Management Considerations

 

Risk Title

Risk Rating

CO-C01 Compliance Framework

Moderate

Accountability

Action Planning Option

Executive Manager Governance and Legal

Manage

 

Risk Title

Risk Rating

CO O01 Relationship Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

 

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

 

The review and update of these policies will ensure that the City’s objectives are clearly outlined in order to manage expectations and compliance issues and provide adequate/ appropriate provisioning where required.


 

Policy Implications

The following policies have been reviewed:

 

·        LPP 2.2: Caravan Park, Camping Grounds and Park Home Park;

·        LPP 2.3: Child Care Centres; and

·        LPP 4.11: Pedestrian Access Way.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1.         Pursuant to Clause 4(1) and 4(2) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2 ADOPTS draft Local Planning Policy 2.3: Child Care Centres, as contained within Attachment 4, for the purpose of advertising, and ADVERTISES it for public comment for a period of 42 days by way of:

a)         Advertisement in all local newspapers circulating within the City of Wanneroo for two consecutive editions; and

b)         Display at the City’s Administration Centre Building and on the City’s website;

2.         Pursuant to Clause 6(b) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2, REVOKES Local Planning Policy 4.11: Pedestrian Access Ways, and notifies the public by a notice of revocation for a period of 42 days by way of:

a)         Notice in all local newspapers circulating within the City of Wanneroo for two consecutive editions; and

b)         Display at the City’s Administration Centre Building and on the City’s website;

3.         NOTES that Administration is undertaking a comprehensive review of short term and tourist accommodation and a report on Planning Policy 2.2 Caravan Park, Camping Grounds and Park Home Park, having regard to this review, will be presented to Council during the 2019/20 financial year; and

4.         Notes that Administration is reviewing Planning Policy 4.6 Signs with respect to potential provisions for an additional signage type Large Format Digital Signs, a report will be presented to Council during the 2019/20 financial year.

 

 

Attachments:

 

1.

Attachment 1 - Local Planning Policy 2.2 - Caravan Parks, Camping Grounds and Park Home Parks Policy

19/180820

 

2.

Attachment 2 - Matters Considered in the Review of Local Planning Policy 2.3 - Child Care Centres

19/180475

 

3.

Attachment 3 - Tracked Changes - March 2019 Draft Local Planning Policy 2.3: Child Care Centres

19/177416

 

4.

Attachment 4 - For Advertising - Draft Local Planning Policy 2.3: Child Care Centres

19/177402

Minuted

5.

Attachment 5 - Local Planning Policy 4.11 - Pedestrian Access Way

15/145300

 

 


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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                    130

3.5    Amendment No. 165 to District Planning Scheme No. 2 - Review of the Mixed Use Zone - Consideration Following Advertising

File Ref:                                              34108 – 19/145618

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Issue

To consider proposed Amendment No. 165 to the City’s DPS2, following public advertising.

Background

This Report has been prepared in response to the CBP, which lists the following action for this year:

 

Strategic Outcome:

2.1 – Local Jobs

Strategy:

2.1.1 – Develop strong economic hubs locally and near transport

Priority:

Ensure sufficient employment land which is serviced by good connectivity

Annual Actions 2018/19:

Initiate scheme amendment to change mixed use zones

 

The intent and objectives of the Mixed Use Zone as it is currently prescribed in DPS2 is to accommodate a mixture of residential use with non-residential uses such as office, consulting, dining and retail.

 

It has become apparent that the City’s Mixed Use Zone is not being developed as intended. Mixed Use Zoned land is in many cases being developed for single uses such as Single House or Grouped Dwellings. In this regard, the form of development is not meeting the objectives of the zone to provide for integrated developments with a mix of land uses. Administration has also identified the following issues in respect to the Mixed Use Zone:

 

·          The current intent and objectives of the Mixed Use Zone in DPS2 do not align with the Mixed Use Zone objectives contained within the model provisions found in Schedule 1 of the Planning and Development (Local Planning Schemes) Regulations 2015 (model provisions); and

·          DPS2 lists a number of land uses as being not permitted (or ‘X’) in the Mixed Use Zone; which in Administration’s opinion should be capable of approval, and their inclusion would contribute toward creating a dynamic mix of land uses in the Mixed Use Zone.

 

A photograph example of single house development in Mixed Use Zones – considered to be an undesirable outcome in this zone – is provided in Attachment 1. Administration considers that the Mixed Use Zone should provide a variety of active uses at the street level which are compatible with residential and other non-active uses on upper levels, rather than providing only residential uses. City of Wanneroo examples of development that provides the intended mix of residential and non-residential land uses are provided in Attachment 2.

 

To address the unintended consequences of the current provisions, Administration is undertaking a multi-faceted approach – which includes the proposed amendment to DPS2 (Amendment No. 165), a new local planning policy and structure plan amendments to enable the City to achieve desired planning outcomes in the zone.

 

Consideration into design issues is currently being undertaken by Administration, with a view to preparing a local planning policy focussed on achieving high quality designs and built form. This can be achieved either through local planning policy that deals with design – or a specific policy for the Mixed Use Zone that addresses design in that zone.

 

Administration considers that it cannot review Mixed Use Zone locations and provisions in structure plans until the Minister for Planning has determined Amendment No. 165 to DPS2. This is because the WAPC or the Minister may require further changes to the amendment proposal which may influence how the review of the existing structure plans is undertaken.

 

Council initiated Amendment No. 165 at its 11 December 2018 Meeting (PS06-12/18), by resolving the following:

That Council:-

1.       PREPARES Amendment No. 165 to the City’s District Planning Scheme No. 2 pursuant to Section 75 of the Planning and Development Act 2005, to amend the local planning scheme by:

 

a)      Deleting the existing text from Clause 3.5.1 and Clause 3.5.3 and replacing it with the following:

 

3.5.1    The objectives of the Mixed Use Zone are:

 

(a)     To provide for a wide variety of active uses on street level which are compatible with residential and other non-active uses on upper levels.

 

(b)     To allow for the development of a mix of varied but compatible land uses such as housing, offices, showrooms, amusement centres, eating establishments and appropriate industrial activities which do not generate nuisances detrimental to the amenity of the district or to the health, welfare and safety of its residents.

 

b)      Amending Table 1 (Clause 3.2 – The Zoning Table) by:

 

(i)      Modifying the permissibility of ‘Convenience Store’ from discretionary (‘D’) to not permitted (‘X’) in the Mixed Use Zone.

 

(ii)     Modifying the permissibility of the following land uses from not permitted (‘X’) to discretionary (‘D’) in the Mixed Use Zone:

A.      Amusement Facility/Parlour

B.      Dry-Cleaning Premises

C.      Laundromat

D.      Shop

E.      Showroom

F.      Telecommunications Infrastructure

G.      Take-Away Food Outlet

 

(iii)     Further to (ii)(D) above, showing the land use permissibility for Shop in the Mixed Use Zone as ‘D1’; and

 

(iv)    Adding notation at the end of Table 1 as follows:

 

Notes:

1.   Limited to a maximum net lettable area of 150m2

 

2.       Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 165 to District Planning Scheme No. 2 is a Complex Amendment for the following reason:

 

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

 

3.       Pursuant to Regulation 37(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUBMITS two (2) copies of the Amendment No. 165 to District Planning Scheme No. 2 documentation to the Western Australian Planning Commission for its consideration;

 

4.       Pursuant to Section 81 of the Planning and Development Act 2005 REFERS Amendment No. 165 to District Planning Scheme No. 2 to the Environmental Protection Authority; and

 

5.       Subject to approval from the Environmental Protection Authority and the Western Australian Planning Commission, ADVERTISES Amendment No. 165 to District Planning Scheme No. 2 for a period of not less than 60 days pursuant to Regulation 38 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Following Council’s December 2018 resolution, Amendment No. 165 was subsequently advertised for public comment.

Detail

Amendment No. 165 to DPS2, as advertised, proposed the following:

 

·     Replace the current DPS2 Mixed Use Zone intent and objectives, with the objectives found in the model provisions found in Schedule 1 of the Planning and Development (Local Planning Schemes) Regulations 2015 (model provisions).

 

Current DPS2 Intent and Objectives for Mixed Use Zone

Proposed DPS2 Objectives for

Mixed Use Zone

3.5.1 The Mixed Use Zone is intended to accommodate a mixture of residential development with small scale businesses in a primarily residential scale environment. The predominant uses will be residential, office, consulting, dining and limited retail uses occupying the street frontage of lots.

 

3.5.3 The objectives of the Mixed Use Zone are to:

(a)   provide a diversity of land use and housing types;

(b)   allow appropriate businesses to locate and develop in close proximity to residential areas;

(c)   allow for services to be provided locally; and

(d)   provide high level of amenity.

To provide for a wide variety of active uses on street level which are compatible with residential and other non-active uses on upper levels.

 

To allow for the development of a mix of varied but compatible land uses such as housing, offices, showrooms, amusement centres, eating establishments and appropriate industrial activities which do not generate nuisances detrimental to the amenity of the district or to the health, welfare and safety of its residents.

 

 


 

·     Modifying land use permissibility in the Mixed Use Zone, to coincide with proposed objectives for the Mixed Use Zone, to the extent as outlined below:

 

 

Land Use

Current Permissibility in the Mixed Use Zone

Proposed Permissibility in the Mixed Use Zone

Amusement Facility/Parlour

X

D

Convenience Store

D

X

Dry-Cleaning Premises

X

D

Laundromat

X

D

Shop

X

D*

Showroom

X

D

Telecommunications Infrastructure

X

D

Take-Away Food Outlet

X

D

 

*Limited to a maximum net lettable area of 150sqm.

Consultation

In accordance with Council’s previous resolution, the amendment was referred to the EPA for comment. In response, the EPA advised the City that the scheme amendment did not warrant an environmental assessment.  Being a complex amendment, Amendment No. 165 was also referred to WAPC for initial consideration, also in accordance with Council’s previous resolution. In its response, the WAPC advised that the amendment was suitable to be advertised.

 

Advertising of Amendment No. 165 was then carried out between 12 February 2019 and 18 April 2019 by way of the following:

 

·          Advertisements in the ‘Wanneroo Times’ and ‘Wanneroo Weekender’ local newspapers;

·          Notices in the Council offices and the City’s website;

·          Letter distribution to 2,765 landowners and occupiers of land zoned Mixed Use (either under DPS2 or a structure plan);

·          Letter distribution to all relevant government agencies; and

·          Correspondence with developers (and/or their planning consultants) of Mixed Use Zone land that is either being developed or pending development.

 

The City received 14 submissions on the amendment proposal. A summary of the submissions received, including Administration’s interim response to those submissions, is included in Attachment 3.

Comment

Key issues that Administration has identified following advertising are discussed below.

 

Proposed Permissibility of Telecommunications Infrastructure

 

The submissions received raise concern with the proposed land use permissibility change for telecommunications infrastructure in the Mixed Use Zone, from not permitted (or ‘X’) to discretionary (or ‘D’).

 


 

Submissions highlighted the potential unsightliness of telecommunications infrastructure in a Mixed Use Zone setting. In response, Administration notes that visual amenity issues in respect to telecommunications infrastructure can already be considered through the application of City’s Local Planning Policy 2.5: Telecommunications Infrastructure (LPP 2.5) and State Planning Policy 5.2: Telecommunications Infrastructure (SPP 5.2).

 

Submissions also raised concerns about health risks associated with telecommunication infrastructure. However, LPP 2.5 states that it is the role of Federal Government agencies such as Australian Radiation Protection and Nuclear Safety Agency that are responsible for the monitoring and control of Electromagnetic Radiation that emanates or could potentially emanate from telecommunications infrastructure.

 

SPP 5.2 prescribes that when reviewing local planning schemes, telecommunications infrastructure should not be designated as a ‘use not permitted’ (‘X’) in any zone. In response to SPP 5.2, Administration has proposed to change the land use permissibility for telecommunications infrastructure in the Mixed Use Zone. Impacts from telecommunications infrastructure as expressed through the submissions are either not considered to be valid planning considerations or can be addressed through LPP 2.5.

 

Proposed Redefinition of the Convenience Store Land Use

 

In preparing the amendment, Administration proposed to change the permissibility of ‘Convenience Store’ from discretionary (or ‘D’) to not permitted (or ‘X’). ‘Convenience Store’ as currently defined in DPS2 includes the sale of petrol, which Administration considers to be inappropriate in the Mixed Use Zone.

 

Separately to this process, Amendment No. 176 to DPS2 was approved by the Minister for Planning on 29 April 2019, to modify the ‘Convenience Store’ land use definition in DPS2 to be consistent with the model provisions. The modified definition for ‘Convenience Store’ is as follows:

 

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 is noted that the new definition is essentially the same as the previous DPS2 definition, except that the new definition does not refer to the “sale of petrol and petroleum products and motor vehicle accessories”. The intent of redefining ‘Convenience Store’ is that premises selling petrol can only be considered under the ‘Service Station’ use class. ‘Service Station’ is already a use that is not permitted (or ‘X’) in the Mixed Use Zone.

 

As the new definition of Convenience Store removes the ability to sell petrol as part of this use, it is recommended that the proposed amendment be modified to delete the proposed change to Table 1 of DPS2, with respect to the permissibility of the ‘Convenience Store’ land use in the Mixed Use Zone. Due to the change in the definition of Convenience Store there is no reason to restrict this use in the Mixed Use Zone, as the primary concern with this use was the sale of petrol.

 


 

Next Steps

 

Now that advertising of Amendment No. 165 has concluded, Council must pass a resolution within 90 days from the close of advertising to either support (with or without modification) or not support the amendment proposal.

 

Alternatively, Council could decide to advertise the recommended modifications to the amendment. However, the only modification to the amendment proposal recommended by Administration is to delete the proposal to change the Convenience Store land use permissibility. Administration does not consider this minor modification requires further advertising of the DPS2 amendment.

Statutory Compliance

Amendment No. 165 was prepared by Administration and advertised in accordance with the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations).

 

In accordance with the Regulations, Council is required to consider the submissions received in respect of Amendment No. 165 and resolve to either support the amendment with or without modification – or alternatively not support the amendment. Administration is recommending that Council supports Amendment No. 165 in accordance with the Regulations, with modifications.

 

Further, the Regulations require Council to provide the WAPC with (among other things) a copy of the resolution, a schedule of submissions and response to the submissions, together with particulars of any modifications recommended to the amendment.

Strategic Implications

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

 “2     Economy

2.1    Local Jobs

2.1.1  Develop strong economic hubs locally and near transport

Risk Management Considerations

Risk Title

Risk Rating

ST-S12 – Economic Growth

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

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

Policy Implications

The proposed amendment will make the telecommunications infrastructure land use discretionary (or ‘D’) in the Mixed Use Zone. This will align with Section 6.1 (b) of State Planning Policy 5.2: Telecommunications Infrastructure (SPP 5.2); which prescribes that telecommunications infrastructure is not to be designated as a ‘use not permitted’ (or ‘X’) by a local planning scheme in any zone.

Financial Implications

The costs of Administration’s further actions in respect to Amendment No. 165 to DPS2 can be met from the current Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         Pursuant to Regulation 41(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, CONSIDERS the submissions received in respect of Amendment No. 165 to District Planning Scheme No. 2, a summary of which is included in Attachment 3;

2.         Pursuant to Regulation 41(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUPPORTS the prepared Amendment No. 165 to District Planning Scheme No. 2, as resolved by Council at the 11 December 2018 Ordinary Council Meeting (PS06-12/18), but subject to the following modifications:

a)         Deleting the following:

“(b)…

(i) Modifying the permissibility of ‘Convenience Store’ from discretionary (‘D’) to not permitted (‘X’) in the Mixed Use Zone.”

b)         Renumbering of the sub-items (ii) to (iv) of Item (b) accordingly.

3.         AUTHORISES the Mayor and the Chief Executive Officer to SIGN and SEAL Amendment No. 165 to District Planning Scheme No. 2 documents in accordance with the City’s Execution of Documents Policy;

4.         Pursuant to Regulation 44 of the Planning and Development (Local Planning Schemes) Regulations 2015 and subject to Item 2. above, PROVIDES Amendment No. 165 to District Planning Scheme No. 2 to the Western Australian Planning Commission;

5.         ADVISES the submitters of its decision; and

6.         NOTES that Administration is continuing a broader review of the Mixed Use Zone by undertaking the following:

a)         Preparation of a Local Planning Policy to guide the delivery of desired built outcomes in the Mixed Use Zone; and

b)         Review of the location and provisions relating to Mixed Use Zones as contained in various structure plans.

 

Attachments:

1.

Attachment 1 - Single House Development Example in Mixed Use Zone

18/469286

 

2.

Attachment 2 - Vertically Integrated Mix of Land Uses

18/469288

 

3.

Attachment 3 - Submission Schedule - Scheme Amendment - Amendment No. 165 to DPS 2 - Review of Mixed Use Zone

19/160430

Minuted

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                       131

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                    142

 

Land Development

3.6    Draft Local Planning Policy 4.4 - Urban Water Management

File Ref:                                              3071 – 19/186891

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider draft revised Local Planning Policy 4.4 – Urban Water Management included as Attachment 2.

Background

In 2006, the WAPC finalised State Planning Policy 2.9: Water Resources (SPP 2.9), which was followed by the supporting Better Urban Water Management (BUWM) Guidelines in 2008.  The BUWM Guidelines ensures that Water Sensitive Urban Design (WSUD) is considered at all stages of the planning and development process by outlining the information that is required to accompany each type of planning proposal.

 

The Local Planning Policy (LPP) 4.4 – Urban Water Management was adopted by Council at its meeting on 13 November 2012 (Item PS01-11/12).  This was followed by a minor amendment ahead of the scheduled review of the LPP (included as Attachment 1), which was adopted by Council at its meeting on 10 December 2013 (Item PS02-12/13).  LPP 4.4 incorporates WSUD principles into the City’s planning and development approval processes consistent with the BUWM Guidelines.  The purpose of LPP 4.4 is to ensure planning and development within the City optimises the use and management of water resources (including rainwater, stormwater, groundwater, drinking water and wastewater) consistent with SPP 2.9 and the BUWM Guidelines.

 

LPP 4.4 is now overdue for its scheduled review and a revised Draft LPP 4.4 (included as Attachment 2) has been prepared.

Detail

The draft revised LPP 4.4 has been amended to include the following key changes/updates:

 

·          References to new or updated policies and guidelines relating to surface and ground water quality and quantity management have been included;

·          The LPP is to apply to activities, works, services and programs conducted by the City;

·          The City of Wanneroo Water Sensitive Urban Design Technical Guidelines have been removed from the Appendix and listed within the Related Policies and Documents section of the Policy as one of the key guidelines that must be considered in decision making processes;

·          The objectives of the LPP have been updated for consistency with the DWER’s Decision Process for Stormwater Management in Western Australia – November 2017; and


 

·          Additional focus on groundwater management has been included in the LPP to ensure the City is considering relevant key guiding documents that relate to shallow groundwater systems including their control and management. This will ensure the City recognises the importance of groundwater control and management in the context of planning for the East Wanneroo District Structure Plan area where shallow groundwater is prevalent.

Consultation

Clause 4(2) of the deemed provisions of the City of Wanneroo DPS2 requires a draft LPP to be advertised for a minimum of 21 days.  However, typically the City advertises policies of this nature for 42 days to allow sufficient time for comments to be made.  It is recommended that the Policy be advertised for 42 days in the following manner:

 

1.         Advertisement in a local newspaper;

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

3.         Letters to relevant stakeholders as determined by Administration.

 

Following public consultation, the final revised LPP 4.4 will be presented to Council for final adoption.

Comment

LPP 4.4 will continue to promote WSUD principles at each stage in the planning and development process.  The proposed minor amendments to the Policy will also ensure consistency with the BUWM guidelines and align with recently released policies and documents relating to water management and groundwater level control by the DWER.

Statutory Compliance

In accordance with Clause 5(1) of the deemed provisions of DPS2, Council may resolve to adopt an amended local planning policy to apply to any matter related to planning and development of the City.  A draft amended policy must be advertised for public comment for a period of not less than 21 days after which time it is to be reviewed in the context of any submissions received.  The local government must resolve to either adopt the policy with or without modification or not proceed with the policy.

Strategic Implications

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

 “3     Environment (Natural)

3.1    Resource Management

3.1.3  Proactively manage the scarcity of water through sustainable local water management strategies

Risk Management Considerations

Risk Title

Risk Rating

ST-S05 Water Availability

Moderate

Accountability

Action Planning Option

Director Planning & Sustainability

Manager

 


 

Risk Title

Risk Rating

CO-O18 Inherited Assets

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manager

 

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manager

 

Ineffective water management may lead to environmental, social and economic impacts that result in loss of life and damage to property, financial losses (including negative economic impacts on the community), irreparable damage to the environment and the City’s reputation.

 

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

Policy Implications

Through LPP 4.4, the City is committed to ensuring that planning and development optimises the use and management of water resources consistent with SPP 2.9 and the BUWM Guidelines.  

Financial Implications

The costs associated with the preparation and advertising of LPP 4.4 can be managed within the Planning & Sustainability Directorate budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council, pursuant to clauses 4(1) 4(2) and 5 of the deemed provisions of City of Wanneroo District Planning Scheme No. 2 ADOPTS the draft amended Local Planning Policy 4.4: Urban Water Management, as contained in Attachment 2, for the purpose of advertising, and ADVERTISES it for public comment for a period of 42 days by way of:

 

1.       Advertisement in all local newspapers circulating within the City of Wanneroo for two consecutive editions;

2.       Display at the City’s Administration Centre Building and on the City’s Website; and

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

 

Attachments:

1.

FINAL LPP 4.4 (Revised December 2013)

13/156303

 

2.

PDF Amended Local Planning Policy 4.4 Urban Water Managemen - December 2018 revsion including recommended amendments

19/35292

Minuted

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                       148

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                       171

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                    185

 

Assets

Asset Operations & Services

3.7    PT03-05/19 - Request for Footpath along Grayswood Court and Rockdale Pass Landsdale

File Ref:                                              3120V03 – 19/186348

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider petition, PT03-05/19, requesting a footpath along Grayswood Court and Rockdale Pass with a crossing point on Warradale Terrance, Landsdale.

Background

At its meeting of 7 May 2019 Council received petition PT03-05/19 containing 370 signatures and reads:

 

“WE, the undersigned, all being Residents of the City of Wanneroo do formally request Council’s consideration on the immediate provision of a footpath along Grayswood Court and Rockdale Pass with a crossing point on Warradale Terrace to connect residents to public transport and local Primary School along Warradale Terrace.”

 

Refer Attachment 1 for a locality plan of the footpath in respect of the adjoining road network.

Detail

In response to previous requests from the community for the installation of a footpath along Grayswood Court and Rockdale Pass, Landsdale, the City has indicated that:

 

The City prioritises requests for pathways utilising the scoring matrix which forms part of the City’s Pathway Policy. The City has assessed the pathway request for both Grayswood Court and Rockdale Pass in accordance with this policy; resulting in a pathway prioritisation score of 37.

 

The City is currently constructing pathways with a prioritisation score of >45, this project does not meet the criteria for construction at this time; however the City has included this project for future consideration in the City’s Long Term Financial Plan.

 

The site assessment undertaken confirmed that it is feasible to construct a 2.1m wide footpath on the north side of Rockdale Pass between Warradale Terrace and Grayswood Court, as shown on Attachment 2. The remaining section on Grayswood Court will necessitate removal of a number of street trees. Given Grayswood Court is a 90m cul-de-sac that provides access to four properties with a projected traffic volume of approximately 32 vehicles per day Administration suggests the removal of street trees to construct a footpath is not warranted.

 

Consultation

No consultation has been undertaken in preparing this report. Subject to Council’s decision, properties directly affected will be consulted as part of the detailed design/pre-construction stage of the project.

Comment

The construction or reconstruction of pathways within the City is undertaken to maximise the benefit to the community. The construction of a footpath along the north side of Rockdale Pass between Warradale Terrace and Grayswood Court is feasible and is recommended to be listed on the City’s Long Term Financial Plan and supporting Capital Works Program as per the priority determined by the City’s Pathway Policy. 

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

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

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 City’s Pathway Policy is applicable in assessing the petition.

Financial Implications

The construction of 120m x 2.1m wide concrete pathway along Rockdale Pass between Warradale Terrace and Grayswood Court is estimated at $35,000.

Voting Requirements

Simple Majority

 

Recommendation

That Council:

1.   NOTES that the construction of a 2.1m wide pathway along the north side of Rockdale Pass between Warradale Terrace and Grayswood Court is feasible at an estimated cost of $35,000;

2.   NOTES that the construction of a pathway along Grayswood Court cul-de-sac is not supported due to low traffic volumes and the need to remove a number of street trees;

3.   Lists the construction of a pathway along the north side of Rockdale Pass between Warradale Terrace and Grayswood Court in the City’s Long Term Financial Plan and supporting Capital Works Program as per the priority order determined by the Pathways Policy; and

4.   NOTIFIES the petition organiser of Council’s decision.

 

 

Attachments:

1.

Rockdale Pass, Landsdale - Locality Map

19/188002

 

2.

Site Assessment

19/199327

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                       186

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                    190

3.8    City of Wanneroo Road Safety Strategic Action Plan 2019/2021

File Ref:                                              1446V03 – 19/131868

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider the draft City of Wanneroo Road Safety Strategic Action Plan (SAP) 2019-2021.

Background

The Terms of Reference for the Wanneroo RoadWise Working Group (the Working Group) required that a SAP be developed and reviewed every three years. The SAP provides the basis for the Working Group to fund and implement initiatives to improve road safety outcomes within the City.

 

Council last adopted the Road Safety Strategic Action Plan for 2015-2018 at its meeting on 21 July 2015 (Item IN10-07/15 refers).

Detail

The draft SAP 2019-2021, refer Attachment 1, builds on the 2015-2018 SAP and aligns to the State Government’s road safety strategy, Towards Zero 2008-2020.  The City’s strategy is based on the safe system approach towards road safety and covers a three year period to provide a long term strategic direction for road safety actions in the City.

 

Road safety is a shared responsibility across all levels of government and the community. Strong leadership by the City on this issue can have a lasting positive impact for the whole community by adopting initiatives to reduce death and serious injury on our roads.

 

The draft SAP 2019-21 focuses on how the City can improve safety on the its road network and aligns with the four elements of a safe system:

 

·          Safe Road Use;

·          Safe Roads and Roadsides;

·          Safe Speeds; and

·          Safe Vehicles

Consultation

Administration facilitated two workshop discussions at the Roadwise Working Group meetings held on 17 October 2018 and 19 December 2018. During these meetings, the RoadWise Working Group reviewed the status of the actions contained in the 2015-2018 SAP. Due to the broad scope of the 2015-18 SAP, there were a number of initiatives/actions that were still outstanding. At this time, Administration facilitated a review of these initiatives by the Working Group in order to rationalise and prioritise actions for inclusion in the 2019-21 SAP.

Based on the feedback received from the Working Group, Administration has prepared a list of initiatives to be continued, along with new initiatives to be incorporated in the draft SAP 2019-2021. This revised list of actions was presented to the RoadWise Working Group on 20 February 2019 for endorsement noting the budget requirements to support the RoadWise Working Group actions identified for the 2019/2020 financial year.  

Comment

As detailed above, Administration facilitated a discussion within the RoadWise Working Group which resulted in the rationalisation and prioritisation of initiatives for inclusion in the 2019-21 SAP. Based on the feedback from the Working Group, a draft 2019-2021 SAP was presented and recommended by the working group on 20 February 2019. The draft SAP outlines the actions to be undertaken for each financial year for the next three years.

 

Administration now seeks Council endorsement for the draft 2019-21 SAP as recommended by the RoadWise Working Group, noting that appropriate funding requirements to support  Roadwise Working Group‘s events has been listed in the annual Operating Budget as detailed in the Financial Implications section of this report.

Statutory Compliance

The Wanneroo RoadWise Working Group was established under the Local Government Act 1996, Part 5-Administration, Section 5.9.c.

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-023 Safety of Community

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

 

The above risk relating to the issues contained within this report have been identified and considered within the City’s Strategic/Corporate risk register.

Policy Implications

Roadwise Working Group provided input to the review of traffic safety and transport infrastructure related policies such as the City’s Local Area Traffic Management Policy and Pathway Policy.

Financial Implications

A funding allocation covering the Roadwise Working Group events has increased over the last two years.  The previous years’ budget for the RoadWise Working Group events was $6,000 and $16,000 has been listed in the draft 2019/2020 operating budget for this purpose as summarised below:

 

·                     Blessing of the Roads - $6,500;

·                     Driver/Reviver Program - $2,500;

·                     Caravan and Trailer Checks - $4,000; and

·                     Bike Week Breakfast - $3,000.

 

Voting Requirements

Simple Majority

 

Recommendation

That Council ENDORSES the City of Wanneroo Road Safety Strategic Action Plan for 2019/2021 as outlined in Attachment 1.

1.                     

 

Attachments:

1.

City of Wanneroo RoadWise Working Group Strategic Action Plan 2019-2021

19/166281

Minuted

 

 

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                       192

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CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                    204

 

Infrastructure Capital Works

3.9    Tender No 19035 - Design and Construction of the Kingsway Aquatic Playspace

File Ref:                                              30144 – 19/191862

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider Tender No. 19035 for the design and construction of an Aquatic Playspace at the Kingsway Regional Sporting Complex.

Background

At Council’s meeting on 16 October 2018, the concept design for the Aquatic Playspace was endorsed with Kingsway identified as the preferred option; refer Item No CP04-10/18.

 

The prehistorically themed play space is intended for children of all ages and will include a zero-depth splash pad and aims to provide a range of interactive experiences.

Detail

Tender No. 19035 for the design and construction of the Kingsway Aquatic Playspace was advertised on 9 February 2019 and closed on Tuesday 26 February 2019. Two non-mandatory briefing sessions were held on Tuesday 19 February at 9:30am and 2:30pm, which were attended by three tenderers. During the tender period, there were two addenda issued; all tenderers confirmed as being received.

Essential details of the proposed contract are as follows:

Item

Detail

Contract Form

Design and Construction ( AS 4902-2000)

Contract Type

Lump Sum and Optional items

Contract Duration

3 months

Commencement Date ( Subject to Tender Award)

15 June 2019

Expiry Date

15 September 2019

Extension Permitted

N/A

Rise and Fall

N/A

Tender submissions were received from the following companies:

·                    Cassari Builders (Cassari); and

·                    Safeway Building & Renovations Pty Ltd (Safeway)

Tender Evaluation Panel

·                     The Tender Evaluation panel comprised;

·                     Project Manager Infrastructure Capital works;

·                     Occupational Safety and Health Officer;

·                     Community Facilities Planning Officer; and

·                     Coordinator Parks Contracts.

Probity Oversight

Oversight to the tender assessment process was undertaken by the City’s Contracts Officer.

Tender submissions were evaluated in accordance with the Procurement and Evaluation Plan (PEP) which included the following selection criteria:

Item No

Description

Weighting

1

Demonstrated experience

25%

2

Methodology

25%

3

Safety Management

20%

4

Quality of Design

30%

Price was not included in the qualitative criteria, however it was considered as part of the overall value for money assessment and the minimum acceptable baseline for qualitative criteria being set at 50%.

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.

Pricing for the Works Offered

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

Tenderer

Ranking

Cassari

1

Safeway

2

Evaluation Criteria 1 - Demonstrated experience (25 %)

The tenderer’s relevant experience in demonstrating the achievement of meeting City’s expectations as presented in their tender submission was assessed in order to evaluate the capability of the organisation and its key personnel 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

Safeway

1

Cassari

2

Evaluation Criteria 2 – Methodology (25%)

The tenderer’s methodology as presented in their tender submission was assessed in order to evaluate their capacity to meet the requirements of the contract. Assessment of this criterion considered the tenderer’s methodology to deliver project within budget and timeframe project/quality management, schedule and availability. The assessment of this criterion has resulted in the following ranking:

 

Tenderer

Ranking

Safeway

1

Cassari

2

 


 

Evaluation Criteria 3 -Safety Management Systems (20%)

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

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

Tenderer

Ranking

Safeway

1

Cassari

2

Evaluation Criteria 4–Quality of design (20%)

Evidence of quality of design was assessed from the tender submissions. The assessment of this criterion considered alignment with original concept, quality of product and asset operability.

All tenderers provided detailed documentation in relation to original concept with the following ranking:

Tenderer

Ranking

Safeway

1

Cassari

2

Overall Weighted Assessment and Ranking

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

·     The baseline for the Qualitative Criteria was set at 50%;

·     Cassari’s submission didn’t satisfy the methodology and safety criteria; and

·     Safeway’s submission was evaluated in accordance with the selection criteria and was assessed as having the necessary resources, previous experience, capability and safety and quality management systems to undertake the tender.

 

The overall weighted assessment resulted in the following tender ranking:

Tenderer

Ranking

Safeway

1

Cassari

2

Value for Money assessment

The tender submission from Safeway 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 Safeway’s tender also noted the following:

·          Ranked high in all assessments;

·          Tender clarification confirmed inclusion of Issue for construction drawings submission to Department of Health and previous experience dealing with this organization;

·          Safeway has undertaken the retiling works of the Wanneroo Aquatic Centre in April 2019; and

·          The multidisciplinary team has a strong experience in the relevant field of this project (Architectural, Structural engineering, water treatment and Hydraulic engineering).

Consultation

Design and Tender phase

During July to August 2018, a community engagement plan was implemented informing Sports Clubs, Community Groups and residents within an 800 m radius of the site of the project concept.

 

The Clubs and User Groups were provided information and letters sent to residents, informing of the consultation outcome including the provision of a copy of the concept design. 

 

Council endorsed the proposed “Dinosaur” theme for the Aquatic Play space at its October 2018 meeting.

 

Post tender and Construction phase

Post tender award and during the construction phase, the City will provide regular progress updates on key project milestones or events; posting of information on City’s webpage and media channels.

 

Comment

Tenders have been evaluated in accordance with the tender assessment criteria and Safeway have provided a comprehensive submission demonstrating tenderer’s ability to deliver a quality infrastructure outcome for the community at the Kingsway Regional Sporting Complex before the start of summer.

Statutory Compliance

Tenders were invited in accordance with the requirements of Section 3.57 of the Act. 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

1.1    Healthy and Active People

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

 

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 registers. Action plans have been developed to manage/mitigate/accept these risks to support existing management systems.

 


 

Risk Title

Risk Rating

CO-O17 Financial 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

 

Financial and Performance Risk

Financial Risk

A financial risk assessment of Safeway undertaken by Corporate Scorecard Pty Ltd noted that Safeway has been assessed with a Strong financial capacity to meet the requirements of the contract.

 

As per tender requirements, Safeway is required to provide two bank guarantees/retentions with a combined total of five percent 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, Safeway has successfully completed several major pool constructions such as Balga Swimming Pool, Altone Leisure centre, including the design and construction of the Bridgetown aquatic swimming pool complex. Safeway has also undertaken the Wanneroo Aquatic Centre retiling works, completed earlier in April 2019.

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

Safeway provided a number of responses to the Social and Environmental Considerations under Schedule 3B of the tender.

 

Safeway informed that it will be implementing an Access and Inclusion Plan to provide adequate access for patrons with disability, ensuring that the deviations from the current path are wheelchair and vision impairment friendly. This specifically relates to the “0” depth of the water play surface.

 

Safeway has stated that all products and materials proposed for use on this project have been specified in line with building best standards which incorporates sustainable elements.

 

Safeway has successfully completed several projects for the Rottnest Island Authority which is located on an A class reserve and will use environmentally suitable techniques to deliver the project.


 

Broader Economic Impact Implications for the City of Wanneroo

Safeway intends to employ locally based sub-contractors. Two Safeway employees are located within the City and two local subcontractors will be employed to deliver the works.

Policy Implications

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

Financial Implications

The contract cost includes the construction of the Aquatic play space and the shade sails as an optional item.

 

The tendered price by Safeway of $583,825.87 is within the Quantity Surveyor estimate but higher than the original construction budget of $400,000.00.

 

The table below summarises the available funding for the project, current expenditures and the recommended tender price by Safeway for the Construction of the Aquatic Play Space and associated expenses:

 

PR-4078  KINGSWAY AQUATIC PLAYSPACE

Description

Expenditure

Budget

Budget:

 

 

Allocated Capital Works Budget for 2017/18

 

$22,735.00

Allocated Capital Works Budget for 2018/19

 

$477,265.00

Allocated Capital Works Budget for 2019/20

 

$40,000.00

Total

 

$540,000.00

Expenditure:

 

 

Expenditure incurred in 2017/2018

$22,735.00

 

Expenditure incurred to date 2018/2019

$43,766.00

 

Project Management

$11,700.00

 

Consultancy services

$5,800.00

 

Construction activities

 

 

-     Contract No. 19035

Design and construction of the Aquatic Splash

$583,825.87

 

-     Contract No. 19035

-     Construction of shade sails

$35,057.19

 

Contigency

$10,115.94

 

Total forecast Expenditure

$ 713,000.00

 

Additional funding required

 

$173,000.00

 

The above table shows that based on the only compliant tenderer’s bid, the overall project cost will be over the project budget. The recommendation is to accept the tender submitted by Safeway and seek additional funding for the 2019/20 budget.

In order to fund this shortfall, the following completed/in-progress projects have been identified in the current financial year (2018/19), which based on the end of projects estimated expenditures will yield savings on completion:

Project No and Name

Savings

PR-2819 Banksia Grove Sports Ground, Banksia Grove, New change rooms and floodlighting

$65,000.00

PR-2943 Kingsway Regional Sporting Complex, Madeley, New fitness and calisthenics equipment

$42,000.00

PR-4113 John Moloney Park, Marangaroo, Upgrade Sports Floodlighting

$50,000.00

PR-2830 Butterworth Park, Upgrade Fencing

$16,000.00

Total

$173,000.00

The above savings will be transferred into a reserve at the end of the financial year to fund the additional requirement in 2019/2020 for PR-4078 Kingsway Aquatic Playspace.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.   ACCEPTS the tender submitted by SAFEWAY for Tender No. 19035, for the Kingsway Aquatic Facility, as a fixed lump sum of $ 618,883.06 in accordance with the terms and conditions specified in the tender document; and

2.   LISTS the additional amount of $173,000.00 in the 2019/20 Draft Capital Works Program to be funded from the savings from other 2018/19 projects which will be transferred to a Reserve.

Attachments:

1.

Report Attachment 1 - Tender No # 19035

19/194130

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                       205

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Community & Place

Community Facilities

3.10  Casserley Park, Girrawheen - Outcome of Community Consultation and Concept Approval

File Ref:                                              32968 – 19/166536

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       4         

Issue

To consider the proposed concept plan for the development of Casserley Park, Girrawheen.

Background

Casserley Park (the Park) is an existing passive park located at 44 Casserley Avenue, Girrawheen (Attachment 1). There are no existing amenities on site and a GIS investigation indicates the following:

 

Item

Current Status

Park Size / Hierarchy

1.1 ha / Neighbourhood Passive Park

Reserve No.

34068

Lot No.

500

Property Type

Public recreation

Ownership

Crown Land – City of Wanneroo managed

Aboriginal Sites

None listed on GIS

Bush Forever

None listed on GIS.

Other existing public open spaces within a walkable catchment of the Park (400m - 800m or 5-10 minute walk) include:

Park

Location

Comment

Hainsworth Park

55 Salcott Road, Girrawheen - 191m north

Active Reserve with playground, skate park, basketball court and fitness equipment

Tendring Park

69K Tendring Way, Girrawheen – 568m east

Newly developed park with play equipment

Roydon Park

17 Roydon Way, Girrawheen – 367m north

Undeveloped park. Currently in design development

Bardsley Park

18 Bardsley Avenue, Girrawheen – 750m west

Passive park with play equipment

 

Detail

Administration has prepared two concept design options (Attachment 2) for consideration by the community, which include the following key elements:

Common Park Elements

 

These are the elements that will be constructed in either option.  Primarily they will provide connectivity between the nodes and safety fencing for the road.  The other elements will provide a nature play theme that is suitable for a range of ages. The common park elements include:

 

·          Seating and raised platform areas;

·          Concrete paths;

·          Conservation fencing along Beach Road frontage;

·          Picnic Shelter and table;

·          Nature play elements including logs, steppers and rocks; and

·          Log tepee.

 

Option 1 

 

The design for option 1 will include the common park elements as listed above.  The theme for this option is a vehicle theme for younger children and also provides a separate play area for older children. The elements for this option include:

 

·          Helicopter spring unit;

·          Small combination unit with slide;

·          Double swing;

·          Play car;

·          Spinning Disc;

·          Older years combination unit; and

·          Crocodile seat/balancing log.

 

Option 2

 

The design for option 2 will include the common park elements as listed above.  The main feature in this option includes a dinosaur play unit with a slide for younger children.  The elements for this option include:

 

·          Friendship Swing for older children;

·          Older years combination unit;

·          Dinosaur unit with slide;

·          Double swings; and

·          Boogie Board.

 

The design philosophy for the two options is to develop individual areas that separate the younger children and older children amenities with different elements in both. Both options include play spaces for younger and older children and focus on providing activity nodes throughout the site, connected via an internal path network which runs from the north- west corner through the centre of the park.

 

Both draft design options allow for the development of the park as a single stage for construction as part of the draft 2019/20 Capital Works Budget. The proposed schedule will see construction commence in March 2020 and be completed by June 2020.

Consultation

The consultation process has been undertaken in line with the City’s Community Engagement Policy. Community consultation was conducted for a period of four weeks from 10 April to 8 May 2019 and included the following consultation strategy:

·          Distribution of an information letter and the concept plan illustrating the two design options(Attachment 3) to 895 residents and landowners within 400m of the Park;

·          A community meeting at the Park on 1 May 2019 allowing residents to view the plans onsite and speak to Elected Members and Officers directly; and

·          Inclusion of the concept designs and online survey link on the City’s website and advice that a hard copy plans and surveys (Attachment 4) could be sent directly.

 

Public Comment Outcomes

 

At the close of the community consultation period, Administration received a total of four responses to the survey, which is a return rate of approximately 0.5%, with 100% of respondents indicating their support for the development of Casserley Park.

 

The survey asked respondents to indicate which of the two design options they preferred, with three submissions (75%) received for Option 1 and one submission (25%) for Option 2.

 

A list of the comments received through the survey has been included below:

 

·          Encouraging younger children will encourage families to use the facilities, equipment based on older children will encourage teenagers and such like to abuse the equipment and is easier to abuse;

·          We will use it so wanted to have a choice;

·          Rather than having two swing sets, maybe only one swing, but have the spinning disk. Or have both swing sets but instead of the boogie board the spinning disk;

·          We have grandchildren visit regularly and so use the facilities even though we are an older generation. There are a few older families with grandchildren visiting regularly and having local parks to visit encourages community spirit;

·          I live next door to Casserley Park and am very excited about this park getting a playground;

·          Security so it doesn't get trashed;

·          Great to see that finally Girrawheen is not the step child anymore being at the southern end of the COW and dreadful looking parks are getting developed;

·          Would like to see disability friendly play equipment and culturally appropriate nature space; and

·          Would like a walk track and a playground with water play.

 

Onsite Community Consultation

 

Elected Members and officers attended an onsite meeting on 1 May 2019 to present the concept options to interested residents. Those in attendance at the meeting had the opportunity to review the two options side by side, compare the various elements, and raise any questions or concerns. Feedback provided by residents on the day was consistent with some of the comments received through the survey. 

Comment

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

 

Comment

Response

Inclusion of accessible equipment

Administration will review alternate options for one of the swings to be a birds nest swing.  Activity play panels could also be implemented. The spinning disc in Option 1 is also considered to be accessible play equipment.  Accessible areas with rubber soft fall have already been included in the design.


 

Inclusion of security

Passive surveillance for parks and associated equipment is considered the most sustainable way to manage security.

 

Water Playground

Construction of a water playground would not be considered as there is no water available at this park and also noting the development of the water playground at the Kingsway Regional Sporting Complex.

 

Both options within the Casserley Park Concept Plan have been designed in line with the standard requirements of Local Planning Policy 4.3: Public Open Space and within the allocated project budget. The consultation undertaken for this project indicated that Option 1 was the preferred design.

 

Although the return rate of feedback was low, this potentially could indicate that the community are satisfied with the proposal and have no further feedback on the project.

 

Casserly Park is the only neighbourhood level park (in size) with a play space, bounded by Hainsworth and Girrawheen Avenue. The development of this facility will provide the community with a play space within a 600m walking distance from the eastern most border of the precinct. The intent of this facility will be to provide different elements to that of Hainsworth Oval, creating diverse opportunities for the community to play and recreate.

Statutory Compliance

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

 

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Executive Leadership Team

Manage

 

Risk Title

Risk Rating

CO-O20 Productive Communities

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

 

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

Policy Implications

The City's Local Planning Policy 4.3 Public Open Space was used as the guiding framework for the development of the two concept design options. The community consultation process was undertaken as per the City’s Community Engagement Policy.

 

The design of the proposed park development will also take into account the City’s Access and Inclusion Plan.

Financial Implications

Under PR-2682, a budget of $25,750 was allocated in 2018/19 to develop and complete a design for Casserley Park, Girrawheen.  A further $250,000 proposed for the construction of Casserley Park as part of the draft 2019/20 Capital Works Budget.

 

The funding source for the project is from the Section 152 Reserve, with regards to previous land sale to the Emmanuel Christian College.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

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

2.       NOTES that a budget of $250,000 for construction of Casserley Park is proposed as part of the draft 2019/20 Capital Works Budget;

3.       NOTES that construction of the proposed development is planned to commence in March 2020 and be concluded by June 2020; and

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

Attachments:

1.

Location Plan - Casserley Park, Girrawheen

19/166721

 

2.

Draft Concept Plan - Casserley Park, Girrawheen

19/174671

Minuted

3.

Casserley Park - Consultation Letter and Plan

19/174885

 

4.

Casserley Park Upgrade Park - Public Comment Form

19/106279

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                                    212

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3.11  Bert Togno Park, Wanneroo - Seniors Recreation Space - Outcome of Community Consultation and Concept Approval

File Ref:                                              34078 – 19/156815

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

Issue

To consider the proposed concept plan for the development of a seniors recreation space at Bert Togno Park, Wanneroo. 

Background

Bert Togno Park (the Park) is an existing passive park located at 7 Civic Drive, Wanneroo and comprises of two land parcels. (Attachment 1).  The details of the park (based on a GIS investigation) are as follows:

 

Item

Current Status

Park Size / Hierarchy

1.1ha / Neighbourhood Passive Park

Reserve / Lot No.

47090 / Lot/s 158 & 500

Property Type

Public Recreation

Ownership

Crown Land – City of Wanneroo Managed

Aboriginal Sites

None listed on GIS

Water Restrictions

Park sits within the Whitfords groundwater sub-area which is currently over allocated by the Department of Water. No additional groundwater resources are available in this area.

Bush Forever

None listed on GIS

 

Existing public open space within a walkable catchment of the Park (400m to 800m or 5 to10 minute walk) include:

 

Park

Location

Comment

Frederick Duffy Park

16 Mudalla Place, Wanneroo - 371m south east

Neighbourhood Recreation Park with play equipment.

Jindinga Park

27 Jindinga Way, Wanneroo -  540m south

Local Dry Park with no amenities

Goolema Park

21 Goolema Place - Wanneroo.  871m east

Local Park with play equipment.

Wanneroo Showgrounds

21K Ariti Avenue -  Wanneroo. 641m west

Active Sporting Reserve with play equipment, clubrooms, toilets

 

For the purposes of this project, a seniors’ recreation space has been defined as the provision of free standing exercise equipment which is specifically designed to assist in the improvement in balance, flexibility and mobility for seniors and those with limited mobility. The concept development for the Park takes into consideration the knowledge base developed as a part of the Monaghan Park Seniors Exercise Space project.

Detail

Site Selection

Selection of a preferred location took into consideration the following factors in relation to suitability, accessibility and proximity to services:

 

·          Size and classification;

·          Amount of existing infrastructure and type;

·          Impact on existing amenities;

·          Shade;

·          Parking;

·          Walkability (connections to footpaths and neighbouring streets);

·          Proximity to public transport; and

·          Location – proximity to other services (medical centres, lifestyle villages, shops, etc.).

 

The initial site identification process involved a desk top review of the 131 passive parks within the Central Ward.

 

As a result of this initial review, six parks were identified for further analysis, with a summary of the results provided in the table below:

 

Rank

Park Name

Comment

1

Bert Togno Park, Wanneroo

·    Close to medical practitioners, shopping centre and Wanneroo Seniors Citizens Club.

·    The selected area is well shaded and adjacent to Aquamotion.

·    High level of accessibility;

·    No impact on existing amenity;

·    Existing shade in place. 

2

Frederick Duffy Park, Wanneroo

·    Similar advantages as Bert Togno Park however it will be an additional 100 metre walk to access medical practitioners, shopping centres and Wanneroo Seniors Citizens Club.

·    Parking is limited to verge parking only.

3

Houghton Park, Carramar

·    Current use is an Active Reserve;

·    Close to shopping centre, medical practitioners and parking.

·    High level of existing infrastructure and duplication of equipment (i.e. existing fitness equipment).

4

Covent Park, Pearsall

·    Suitable Recreation Space, close to shops, doctors and bus route.

·    Minimal street parking. Topography is sloped therefore could pose issues for seniors access.

5

Staunton Park, Carramar

·    Passive park with playground. 

·    Approximately 300m from Carramar Community Centre and shopping centre so accessibility is an issue.

6

Crivelli Park, Ashby

·    Currently no shops or doctors however once the Ashby site is developed, this park could potentially be suitable in future if there was additional supporting infrastructure.

 

 


 

Bert Togno Park was considered the most suitable location based on:

 

·          The provision of the senior’s exercise equipment is considered appropriate for a park of this type and size;

·          The large amount of parking available at the neighbouring Wanneroo Aquamotion and Wanneroo Community Centre car parks;

·          A high level of connectivity within the park and surrounding streets via the existing path network;

·          Close proximity to an existing Transperth bus stop;

·          High levels of natural shade with no requirement to remove any trees from the site;

·          Close proximity to Wanneroo Aquamotion, Wanneroo Senior Citizens Centre (at the Wanneroo Community Centre) and the Wanneroo Central Shopping precinct; and

·          Close proximity to the existing medical practitioners on Dundebar Road and Rocca Way.

 

In particular, having the Seniors Recreation Space located close to the existing medical services, Aquamotion and the Wanneroo Senior Citizens Centre, provides an ideal opportunity for health practitioners to utilise the equipment for rehabilitation and general health and well-being purposes.

 

Frederick Duffy Park in Wanneroo was also considered as a possible location for the seniors exercise space given its similar proximity to the amenities as with Bert Togno Park. However, the park is developed with an existing playground, open kick-about space and is an additional 100 metre walk to the key amenities such as the shopping centre, bus route and parking.

 

Concept Development

A concept of the proposed Seniors Recreation Space at Bert Togno Park has been included within (Attachment 2). The proposed equipment within the concept plan is specifically designed to help improve balance, flexibility and mobility (with a seniors focus) for the community, and includes the following elements:

 

·          Balance spring;

·          Dexterity wave bar;

·          Core twister;

·          Supported step and calf;

·          Supported sit and up platform; and

·          Shoulder wheel.

 

The concept provides for a grouped option that includes a shoulder wheel, step up, body twist, chest press, leg press and dexterity builder.  Both provisions include rubber soft fall for improved accessibility.

 

The draft concept plan has not included a shade sail due to the large amount of shade onsite created by the existing tree canopy cover.  The proposed schedule for the project will see construction commence in December 2019 and be completed by March 2020.

Consultation

The consultation process has been undertaken in line with the City’s Community Engagement Policy. Community consultation was conducted for a period of four weeks from 5 March to 2 April 2019 and included the following consultation strategy:

 

·          Distribution of an information letter  and concept plan (Attachment 3) to 421 residents and landowners within 400m of the Park;

·          Direct communication with the following external stakeholder groups / networks:

o    Wanneroo Senior Citizens Club; and

o    Wanneroo Aquamotion; and

·          Inclusion of the concept plan and link to the online survey on the City’s website.

 

Public Comment Outcomes

At the close of the community consultation period, Administration had not received any feedback from the community. 

 

City staff will be involved in the activation of the equipment and induction of the community members in its use.

Comment

A review of 2016 Census data revealed that approximately 24.5% (3066) of the Wanneroo population are aged 60 years and over, which is significantly higher than the City of Wanneroo average of 13.7%.

 

It should also be noted that the seniors exercise space is intended to be used by people with reduced mobility from throughout the broader community.

Statutory Compliance

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

Strategic Implications

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

 “1     Society

1.1    Healthy and Active People

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

Risk Management Considerations

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Executive Leadership Team

Manage

 

Risk Title

Risk Rating

CO-O20 Productive Communities

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

 

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

Policy Implications

The City's Local Planning Policy 4.3 Public Open Space was used as the guiding framework for the development of the concept plan. The community consultation process was undertaken as per the City’s Community Engagement Policy.

The design of the proposed park development will also take into account the City’s Access and Inclusion Plan.

Financial Implications

Under PR-2795, a budget of $80,000 was listed in the City’s Capital Works Program for the design and development of a seniors exercise park in the Central Ward.

 

Year

PR

Project Description

Purpose

Budget

2018/19

PR – 2795

Central Ward, Seniors Recreation Space

Design Seniors Recreation Space

$4,000

2019/20

PR – 2795

Central Ward, Seniors Recreation Space

Construct Seniors Recreation Space

$76,000

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       ENDORSES the Bert Togno Park, Wanneroo – Seniors Exercise Park Concept Plan, as shown in Attachment 2 of this report;

2.       NOTES that construction of the proposed development is planned to commence in December 2019 and be completed by March 2020; and

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

Attachments:

1.

Location Plan - Bert Togno Park - Wanneroo

19/157959

 

2.

Bert Togno Park - Seniors Recreation Space Concept Plan

19/6120

Minuted

3.

Bert Togno Park, Wanneroo - Seniors Exercise Park - Letter and concept to residents

19/158002

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Elected Members' Briefing Session 28 May, 2019                                                                       223

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Corporate Strategy & Performance

Strategic & Business Planning

3.12  Financial Activity Statement for the period 30 April 2019

File Ref:                                              30723V06 – 19/175428

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       6         

Issue

To consider the Financial Activity Statement for the period ended 30 April 2019.

Background

In accordance with Local Government Regulations, the Financial Activity Statement has been prepared in compliance with the following:

1.       “Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature and type, by program, or by business unit. For the 2018/19 financial year the statement of financial activity will be presented by nature and type.

2.       Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2018/19 financial year 10% and a value greater than $100,000 will be used for the reporting of variances.”

Detail

Summary

OVERALL SUMMARY OF CURRENT MONTH FINANCIAL FIGURES

Result from Operations

 

 

 

Capital Program

OVERALL COMMENTS ON YEAR-TO-DATE (YTD) FIGURES

Result from Operations

 

 

Capital Program Progress

Investment Portfolio Performance

DETAILED ANALYSIS OF STATEMENT OF COMPREHENSIVE INCOME (ATTACHMENT 1)

Comments relating to the Statement of Comprehensive Income are provided under the following two sections:

a)         Current month comparison of Actuals to Budgets, and

b)         Period to date and end of year comparison of Actuals to Budgets.

 

 

 

 

 

 

 


 

Total Comprehensive Income (Further detail in Attachment 1)

 

 

 

 

 

Revenues

Note 1        The favourable variance of $13k is mainly due to higher Interim Rates processing on Residential Properties for April 2019.

Note 2        Month of April:

The favourable variance mainly relates to late receipts of

·    3rd Quarter DFES Grant for Bush Fire Services of $80k, which was expected to be received in March 2019; and

·    Quarterly Grant of $36k for Youth Outreach program which was expected to be received in February 2019.

In addition, reimbursement of Court fees on Rates recovery was $123k higher than the Budget partially offset by other unfavourable variances.

Year to Date:

The favourable variance of $842k is mainly due to higher than anticipated Rates recovery Court Fees reimbursements of $438k and receipts of higher than budgeted Financial Assistant Grants $410k partially offset by other unfavourable variances.

Note 3        The unfavourable variance of $331k is mainly due to the following reasons:

·    Waste Service Fee was lower than budgeted by $114k caused by lower Interim Rates adjustments due to less number of residential properties;

·    Facility Booking Fee was lower than budgeted by $97k due to subsidies and waivers provided on various facilities including Kingsway Stadium, Community Centres and Aquamotion;

·    Licence Permit Fee was lower than budgeted by $41k due to reduction in Building Permit and Health Assessment application;

·    Entry Fee Income was lower than budgeted by $26k due to lower than anticipated  activity at Swim School – Aquamotion;

·    Animal Registration Fee was lower than budgeted by $21k as pet owners take advantage of Lifetime Registrations; and

·    Inspection Fee was lower than budgeted by $19k as private swimming pool inspection fees which were recognised at the beginning of the year.


 

Note 4        Interest Earnings are adverse by $33k as a result of lower than expected Interest Income on Municipal funds and Reserves by $100k mainly due to lower investment portfolio balance partially offset by favourable variance of $67k Interest on late Rates payments.

Expenses

Note 5        The month of April variance is not considered material and within the reporting threshold.

 

 

Note 6        The favourable variance of $895k is mainly attributable to:

·    Lower Contract Expense of $669k due to Maintenance of Parks (Structures and Equipment) already been attended to in previous months;

·    Maintenance of Residential land roads (including Drainage structures) is lower by $168k due to unexpected delays in scheduling works;

·    Annual License Fees expense on light fleet and waste domestic trucks are $100k paid in March 2019 which was budgeted to be paid in April 2019.

·    This favourable variance was partially offset by high Waste removal fee of $193k.


 

Note 7        April 2019 resulted in an unfavourable variance of $202k mainly due to higher accrual adjustments in Electricity Expenses.

Note 8        Month of April:

The favourable result reflects improved claims.

Year to Date:

Overall Insurance premiums were $276k lower than the Budget to April 2019 due to a combination of better claims experience on the Property and Minor insurance classes and the receipt of dividends from surplus declared against the 2017/18 Scheme Insurances.


 

Other Revenue & Expenses

Note 9        Non-Operating Grants, Subsidies & Contributions

Month - (Actual ($69k), Revised Budget $118k)

The unfavourable variance relates to refund of $619k to Main Roads WA due to saving generated from various road improvement projects. This was partially offset by $360k Grant which was received from Commonwealth for Park maintenance and was not expected during this financial year.

Year to Date – (Actual $7.3m, Revised Budget $7.5m)

Year to date result is unfavourable due to the refund of $619k to Main Roads due to savings generated from various road improvement projects partially offset by Contribution received for Wooldvale TPS of $411k in December 2018.

 Note 10     Contributed Physical Assets

                   Month – (Actual $656k, Revised Budget $0)

Favourable variance is due to the phasing of the Budget which is allocated on quarterly basis and actual recognition is recorded as and when assets are handed over to the City.

Year to Date – (Actual $11.7m, Revised Budget $10.0m)

The favourable variance is due to higher than anticipated level of asset handovers from developers.

 Note 11     Profit / Loss on Asset Disposals

Month – (Combined Actual $58k, Combined Revised Budget $31k)

The favourable variance relates to better than anticipated Tamala Park Regional Council (TPRC) lot sales.

Year to Date – (Actual $614k, Revised Budget $312k)

Tamala Park Regional Council (TPRC) lot sales were higher than anticipated to April 2019.

Note 12      Town Planning Scheme (TPS) Revenues

Month – (Actual $316k, Revised Budget $538k)

The unfavourable result is due to early receipt of $228k developer contributions in prior months for Yanchep/Two Rocks and Alkimos/Eglington Community Facilities.

Year to Date – (Actual $10.6m, Revised Budget $9.5m)

The favourable result is mainly due to $1.5m developer contributions received earlier than anticipated for Cell 9 which is offset by $0.4m delay in developer contributions for Cell 1.


 

Note 13      Town Planning Scheme (TPS) Expenses

Month - (Actual $448k, Revised Budget $109k)

The unfavourable variance is due to payment made to developers for Public Open Space Development located within Vermont Garden Estate (POS 6 – Arduaine Park)

Year to Date – (Actual $3.4m, Revised Budget $4.4m)

The favourable variance is a result of overall delay in development of lots relating to Cell 5 and Woodvale Structure Plan.

STATEMENT OF FINANCIAL POSITION (Attachment 2)

 

Note 1 - Net Current Assets

When compared to the opening position at 30 June 2018 Net Current Assets have increased by $43.8m which is predominately the impact of 2018/19 Rates and Waste Service Fees levied.

Within the Current Assets, Current Receivables of $21.0m are mainly comprised of collectable Rates and Waste Service Fees debtors of $17.5m with the remaining balance attributed to General Debtors $2.1m and Emergency Services Levy outstanding of $1.4m.

Note 2 - Non-Current Assets

Non-Current Assets as at 30 April 2019 have increased by $13.3m from 30 June 2018 Actuals. The movement is primarily due to the recognition of $39.9m in Capital Works Program (detailed under Capital Works Program section of this report) offset by accumulated depreciation of $33.7m and net favourable movement of $7.0m related to acquisition/disposals of assets.

Within the Non-Current Assets, Receivables largely relate to Deferred Pensioner Rates of $2.9m being funds that cannot be collected until the Pensioner ceases to reside at the Rateable Property.

Note 3 - Non-Current Liabilities

Non-Current Liabilities as at 30 April 2019 have increased by $100k attributed to changes in provision balances relating to long service leave. The existing loan with the Western Australia Treasury Corporation remains unchanged making up 98% of total Non-Current Liabilities.

FINANCIAL PERFORMANCE INDICATORS

The table below presents data on relevant financial ratios, comparing the minimum standard expected as per the DLGSCI status at the beginning of the financial year, and year to date figures (where relevant). 

A green highlight is used where the minimum standard is met or exceeded. Highlighted in red are below the standard for financial year ended 30 June 2018.

The following comments with regard to Ratios relates to the benchmarks not met for the period 30 June 2018.

Note 1 - Current Ratio

The Standard was not met primarily as a result of the internal restrictions of municipal funds. Most of the municipal funds are kept in special purpose cash backed Reserves.

Note 2 - Asset Sustainability Ratio

The DLGSCI Asset Management Framework and Guidelines publication provides the following explanation in respect to the Asset Sustainability Ratio (ASR):

"If capital expenditure on renewing or replacing assets is at least equal to depreciation on average over time, then the local government is ensuring the value of its existing stock of physical assets is maintained. If capital expenditure on existing assets is less than depreciation then, unless a local government’s overall asset stock is relatively new, it is likely that it is underspending on renewal or replacement."

A large percentage of the City's assets are in new to very good condition with approximately 85% of the total asset base at or below condition 2 (a rating of ‘0’ represents a new asset and a ‘10’ represents an asset that has failed). Less than 1% of the asset base is at or above condition 8, which represents assets that require intervention.

With the City's current mix of old and new assets and continued high growth, a lower than average ASR is expected, and the current condition of assets and level of renewal expenditure confirms this position. As the stock ages and renewal expenditure incrementally increases the ratio should increase, however continued growth may keep it relatively lower than the industry standard.

Taking a long term outlook, the level of asset stock and renewal demand necessitates the development of strategies to address the future impact and ensure that the City can continue to grow and maintain its assets in a financially sustainable manner. Given that renewal expenditure is lower than the depreciation being charged and that certain years’ experience significant spikes in demand, a specific Asset Renewal Reserve has been established.


 

CAPITAL WORKS PROGRAM

The current status of the Capital Works Program is summarised by Sub-Program in the table below.

As at 30 April 2019 the City has spent $39.9m, which represents 51% of the $78.2m Budget. The City forecasts spend of $62.1m by 30 June 2019 which represents a completion rate of 79.4%.

 

During the calendar month of April 2019, $5.2m was spent. Details of significant Actual expenditure for the month of April are included in Attachment 3.

 

To further expand on the Capital Works Program information above, updates in key capital projects are selected to be specifically reported on, is provided in the Top Capital Projects attachment to this report (Attachment 4).

Capital Changes

The following Change is proposed to be made to the 2018/19 Capital Works Budget in this month.

PR-2621 Kingsway Olympic Clubrooms – It is proposed that an amount of $300,000 is to be brought forward from the 2019/20 Draft Budget as it will be required in this financial year to continue smooth progression of the project. There is no requirement for an increase to the total project Budget rather it is a matter of the timing of the cash flow.

PR-4034 Hudson Park Sports Amenities Building – Additional $31,000 is required for site contamination and structural soundness investigations in order to progress construction in 2019/20. Savings of $31,000 in PR-2947 Aquamotion Building Asset Renewal Program have been identified to fund this.

PR-4148 Alexander Heights/Koondoola – Traffic Management Scheme/Road Improvements – The State Government has approved an additional $50,000 grant funding for the project, which is aimed to be completed by the end of May 2019.

PR-2990 Leatherback Park Sports Amenities Building – Additional $22,000 is required in 2018/19 for works already progressed in this multi-year project. It is proposed that savings identified from PR-4102 - Construction of the Shelvock Park Sports Amenities building will be utilised to fund the works in 2018/19.

INVESTMENT PORTFOLIO (Attachment 5)

In accordance with the Local Government (Financial Management) Regulations 1996 (and per the City’s Investment Policy), the City invests solely in authorised deposit taking institutions (ADIs).

At the end of April 2019, the City holds an investment portfolio (cash & cash equivalents) of $416.7m (Face Value), equating to $421.6m inclusive of accrued interest. The City’s year to date investment portfolio return has exceeded the UBS Australia Bank Bill rate index benchmark by 0.57% pa (2.59% pa vs. 2.02% pa), however it is noted that Interest Earnings were budgeted at a 2.50% yield.

 

 

 

RATE SETTING STATEMENT (Attachment 6)

The Rate Setting Statement represents a composite view of the finances of the City, identifying the movement in the Surplus / (Deficit) based on the Revenues (excluding Rates), Expenses, Capital Works and Funding Movements, resulting in the Rating Income required.  It is noted that the closing Surplus / (Deficit) will balance to the reconciliation of Net Current Assets Surplus / (Deficit) Carried Forward (detailed below).

Consultation

This document has been prepared in consultation with Responsible Officers for review and analysis.

Comment

The Budget figures within this report incorporate approved Budget amendments.

Comments on material variances have been provided.

In reference to Statement of Comprehensive Income in the report, the following colours have been used to categorise three levels of variance:

Revenues:

·          Green > 0%;

·          Amber -0% to -10%; and

·          Red < -10%.

 

Expenses:

·          Green > 0%;

·          Amber -0% to -10% ;and

·          Red < -10%.

Statutory Compliance

This monthly financial report complies with Section 6.4 of the Act and Regulations 33A and 34 of the Local Government (Financial Management) Regulations 1996.

Strategic Implications

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

 “4     Civic Leadership

4.2    Good Governance

4.2.2  Provide responsible resource and planning management which recognises our significant future growth

Risk Management Considerations

Risk Title

Risk Rating

Financial Management

Moderate

Accountability

Action Planning Option

Executive Management Team

Manage

 

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

Policy Implications

·          Accounting Policy;

·          Strategic Budget Policy; and

·          Investment Policy.

Financial Implications

As outlined in the report and detailed in Attachments 1 – 6

Voting Requirements

As detailed in the recommendation.

 

 

 

 


 

Recommendation

That Council:

1.   RECEIVES the Financial Activity Statement and commentaries on variances year to date Budget for the period ended 30 April 2019 (Attachments 1 to 6 refers), consisting of:

a)      April 2019 year to date Actuals;

b)      April 2019 year to date Statement of Financial Position and Net Current Assets; and

c)      April 2019 year to date Material Financial Variance Notes.

2.   APPROVED BY ABSOLUTE MAJORITY the following changes to the 2018/19 Capital Work Budget:

Number

From

To

Amount

Description

PR-2621

Brought forward 2019/20 Draft Budget

PR-2621 Kingsway Olympic Clubrooms

$300,000

Works ahead of schedule

PR-4034

Savings identified -     PR-2947 Aquamotion Building Asset Renewal Program

PR-4034 Hudson Park Sports Amenities Building

$31,000

Funds required for detailed site investigations

PR-4148

State Government Grants – “Local Projects Local Jobs”

PR-4148 Alexander Heights/Koondoola Traffic Management Scheme/Road Improvements

$50,000

Additional grant funding approved

PR-2990

Savings identified -     PR-4102 Construction of the Shelvock Park Sports Amenities building

PR-2990 Leatherback Park Sports Amenities Building

$22,000

Works ahead of schedule

 

 

Attachments:

1.

Statement of Comprehensive Income April 2019

19/178800

Minuted

2.

Statement of Financial Position April 2019

19/178805

Minuted

3.

Significant Capital expenditure April 2019

19/179587

Minuted

4.

Top Project report for the financial period ending 30 April 2019

16/151914[v37]

Minuted

5.

Investment Report April 2019

19/178785

Minuted

6.

Rate Setting Statement April 2019

19/178809

Minuted

 


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Transactional Finance

3.13  Warrant of Payments for the Period to 30 April 2019

File Ref:                                              1859 – 19/171564

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Issue

Presentation to the Council of a list of accounts paid for the month of April 2019, including a statement as to the total amounts outstanding at the end of the month.

Background

Local Governments are required each month to prepare a list of accounts paid for that month and submit the list to the next Ordinary Meeting of the Council.

 

In addition, it must record all other outstanding accounts and include that amount with the list to be presented.  The list of accounts paid and the total of outstanding accounts must be recorded in the minutes of the Council meeting.

Detail

The following is the Summary of Accounts paid in April 2019:

 

Funds

Vouchers

Amount

Director Corporate Services Advance A/C

Accounts Paid – April 2019

   Cheque Numbers

   EFT Document Numbers

TOTAL ACCOUNTS PAID

 

Less Cancelled Cheques

Manual Journals

Town Planning Scheme

RECOUP FROM MUNICIPAL FUND

 

 

116306 - 116641

3486 - 3506

 

 

$1,055,810.49

$12,887,074.92

$13,942,885.41

 

($4,082.00)

($679,048.60)

($424,889.32)

($12,834,865.49)

Municipal Fund – Bank A/C

Accounts Paid – April 2019

Recoup

Direct Payments

Payroll – Direct Debits

TOTAL ACCOUNTS PAID

 

 

 

$12,834,865.49

$52,627.74

$3,545,305.26

$16,432,798.49

Town Planning Scheme

Accounts Paid – April 2019

                           Cell 1

                           Cell 2

                           Cell 3

                           Cell 4

                           Cell 5

                           Cell 6

                           Cell 7

                           Cell 8

                           Cell 9

TOTAL ACCOUNTS PAID

 

 

 

 

$1,807.19

$650.00

$650.00

$7,174.50

$650.00

$650.00

$650.00

$650.00

$412,007.63

$424,889.32

At the close of April 2019 outstanding creditors amounted to $68,737.72.

Consultation

Nil

Comment

The list of payment (cheques and electronic transfers) and the end of month total of outstanding creditors for the month of April 2019 is presented to the Council for information and recording in the minutes of the meeting, as required by the Local Government (Financial Management) Regulations 1996.

Statutory Compliance

Regulation 13(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to list the accounts paid each month and total all outstanding creditors at the month end and present such information to the Council at its next Ordinary Meeting after each preparation.  A further requirement of this Section is that the prepared list must be recorded in the minutes of the Council meeting.

Strategic Implications

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

 “4     Civic Leadership

4.3    Progressive Organisation

4.3.2  Ensure excellence in our customer service

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 RECEIVES the list of payments drawn for the month of April 2019, as summarised below:-


 

Funds

Vouchers

Amount

Director Corporate Services Advance A/C

Accounts Paid – April 2019

   Cheque Numbers

   EFT Document Numbers

TOTAL ACCOUNTS PAID

 

Less Cancelled Cheques

Manual Journals

Town Planning Scheme

RECOUP FROM MUNICIPAL FUND

 

 

116306 - 116641

3486 - 3506

 

 

$1,055,810.49

$12,887,074.92

$13,942,885.41

 

($4,082.00)

($679,048.60)

($424,889.32)

($12,834,865.49)

Municipal Fund – Bank A/C

Accounts Paid – April 2019

Recoup

Direct Payments

Payroll – Direct Debits

TOTAL ACCOUNTS PAID

 

 

 

$12,834,865.49

$52,627.74

$3,545,305.26

$16,432,798.49

Town Planning Scheme

Accounts Paid – April 2019

                           Cell 1

                           Cell 2

                           Cell 3

                           Cell 4

                           Cell 5

                           Cell 6

                           Cell 7

                           Cell 8

                           Cell 9

TOTAL ACCOUNTS PAID

 

 

 

 

$1,807.19

$650.00

$650.00

$7,174.50

$650.00

$650.00

$650.00

$650.00

$412,007.63

$424,889.32

 

WARRANT OF PAYMENTS APRIL 2019

 

 

 

 

PAYMENT

DATE

DESCRIPTION

AMOUNT

00116306

02/04/2019

Rates Refund

$2,284.23

00116307

02/04/2019

Rates Refund

$577.00

00116308

02/04/2019

Rates Refund

$630.00

00116309

02/04/2019

Rates Refund

$1,020.50

00116310

02/04/2019

Sacha Birkitt 

$30.00

 

 

  Refund - Cancelled Bookings - Reissue Of Stale Cheque 110008

 

00116311

02/04/2019

North Coast Rugby Union Junior Football Club 

$950.00

 

 

  Bond Refund

 

00116312

02/04/2019

D Silva Piucco Serafi 

$100.00

 

 

  Bond Refund

 

00116313

02/04/2019

Anita Dumitru 

$850.00

 

 

  Bond Refund

 

00116314

02/04/2019

Yanchep Two Rocks Recreation Association 

$850.00

 

 

  Bond Refund

 

00116315

02/04/2019

Wanneroo Giants Baseball Club 

$540.00

 

 

  Bond Refund

 

00116316

02/04/2019

Roxanne White 

$540.00

 

 

  Bond Refund

 

00116317

02/04/2019

Beverley-Anne Huntly 

$850.00

 

 

  Bond Refund

 

00116318

02/04/2019

Rachel Lekias 

$100.00

 

 

  Bond Refund

 

00116319

02/04/2019

Parminder Thind 

$540.00

 

 

  Bond Refund

 

00116320

02/04/2019

Victoria Mayuen 

$540.00

 

 

  Bond Refund

 

00116321

02/04/2019

Mrs Janin Witheridge 

$150.00

 

 

  Bond Refund

 

00116322

02/04/2019

Paula Kennedy 

$540.00

 

 

  Bond Refund

 

00116323

02/04/2019

Sarah Louise Hutchings 

$100.00

 

 

  Bond Refund

 

00116324

02/04/2019

North Coast Ball Club Incorporated 

$540.00

 

 

  Bond Refund

 

00116325

02/04/2019

Dolat Khan

$540.00

 

 

  Bond Refund

 

00116326

02/04/2019

RC Baldini & L Floresta 

$850.00

 

 

  Bond Refund

 

00116327

02/04/2019

Wanneroo Districts Rugby Union Football

$850.00

 

 

  Bond Refund

 

00116328

02/04/2019

Rates Refund

$23.40

00116329

02/04/2019

Theresa Channell 

$73.10

 

 

  Refund - Copies Of Plans - Not Available

 

00116330

02/04/2019

Delaurentis Holdings Pty Ltd 

$97.70