Proof_CouncilAgenda_Coverpage_Template_Governance

 

 

 

Council Agenda

 

 

 

 

 

 

 

Ordinary Council Meeting

7:00pm, 10 February 2020

Council Chambers (Level 1), Civic Centre,

23 Dundebar Road, Wanneroo


PUBLIC QUESTION & STATEMENT TIME

1.         Time Permitted

A minimum of 15 minutes is permitted for Public Question Time at Council Meetings. If there are not sufficient questions to fill the allocated time, the Presiding Member will move to the next item. If there are more questions to be considered within 15 minutes, the Presiding Member will determine whether to extend Public Question Time. Each person seeking to ask questions during Public Question Time may address the Council for a maximum of three minutes each. 

2.         Protocols

No member of the public may interrupt the Council Meeting proceedings or enter into conversation. 

Members of the public wishing to participate in Public Question Time at the Council Meeting are to register on the night at the main reception desk located outside of Council Chambers.  Members of the public wishing to submit written questions are requested to lodge them with the Chief Executive Officer at least 30 hours prior to the start of the meeting (that is, by 12noon on the day before the meeting).

The Presiding Member will control Public Question Time and ensure that each person wishing to ask a question is given a fair and equal opportunity to do so. Members of the public wishing to ask a question must state his or her name and address before asking a question. If the question relates to an item on the Agenda, the item number and title should be stated.

3.         General Rules

The following general rules apply to Public Question and Statement Time:

·                Public Questions and Statements should only relate to the business of the local government and should not be a personal statement or opinion;

·                Only questions relating to matters affecting the local government will be considered at a Council Meeting, and only questions that relate to the purpose of the meeting will be considered at a Special Council Meeting; 

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

·                Questions may not be directed at specific Elected Members or City Employee;

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

·                First priority will be given to persons who are asking questions relating to items on the current Council Meeting Agenda; and

·                Second priority will be given to Public Statements. Only Public Statements regarding items on the Council Agenda under consideration will be heard.

DEPUTATIONS

An informal session will be held on the same day as the Council meeting at the Civic Centre, Wanneroo, commencing at 6.00pm. Members of the public may, by appointment, present Deputations relating to items on the current Council Agenda. A request for a Deputation must be received by Council Support by 12 noon on the Friday before the Council Meeting.

·                Deputation requests must relate to items on the current Council Meeting Agenda;

·                A Deputation is not to exceed three persons in number and only those persons may address the meeting; and

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

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

For further information please contact Council Support on 9405 5027.


RECORDING AND ACCESS TO RECORDINGS OF COUNCIL MEETINGS POLICY

Objective

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

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

 

Implications

City of Wanneroo Strategic Community Plan 2017/2018 to 2026/2027:

 

“4 Civic Leadership

4.2 Good Governance

4.2.1 Provide transparent and accountable governance and leadership”

 

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

 

Implementation

This Policy shall be printed within the Agenda of all Council Meetings which include:

 

·                     Ordinary Council Meeting;

·                     Special Council Meeting;

·                     Annual General Meeting of Electors; and

·                     Special Electors Meeting.

 

To advise the public that the proceedings of the meeting are recorded.

 

Evaluation and Review Provisions

Recording of Proceedings

1.            Proceedings for Council Meetings; as well as Deputations and Public Question Time during these meetings shall be recorded by the City on sound recording equipment, except in the case of a meeting where Council closes the meeting to the public.

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

3.            No member of the public is to use any audio visual technology or devices to record the proceedings of a Council or Committee Meeting, without the written permission of the Mayor or the Mayors Delegate.

 

Access to Recordings

4.            Members of the public may purchase a copy of the recorded proceedings or alternatively, listen to the recorded proceedings at the Civic Centre. Costs of providing a copy of the recorded proceedings to members of the public will include staff time to make the copy of the proceedings; as well as the cost of the digital copy for the recording to be placed on. The cost of staff time will be set in the City’s Schedule of Fees and Charges each financial year.

5.            Elected Members may request a copy of the recording of the Council proceedings at no charge.

6.            All Elected Members are to be notified when recordings are requested by members of the public, and of Council.

7.            Transcripts can be produced on the request of the Chief Executive Officer and will include staff time set by the City’s Schedule of Fees and Charges.

 


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

 


 

Notice is given that the next Ordinary Council Meeting will be held at the

Council Chambers (Level 1), Civic Centre,

23 Dundebar Road, Wanneroo on Monday 10 February, 2020 commencing at 7:00pm.

 

D Simms

Chief Executive Officer

6 February, 2020

 

CONTENTS

Item  1_____ Attendances_ 1

Item  2_____ Apologies and Leave of Absence_ 1

Item  3_____ Public Question Time_ 1

Item  4_____ Confirmation of Minutes_ 1

OC01-02/20     Minutes of Ordinary Council Meeting held on 10 December 2019  1

Item  5_____ Announcements by the Mayor without Discussion_ 1

Item  6_____ Questions from Elected Members_ 1

Item  7_____ Petitions_ 1

New Petitions Received  1

Update on Petitions  1

UP01-02/20     Request Closure of the Public Access Way between Nankivell Way and Mirrabooka Avenue, Koondoola (PT01-12/19) 1

UP02-02/20     The provision of canteen facilities at the Kingsway Little Athletics Centre (PT02-12/19) 2

Item  8_____ Reports_ 2

Planning and Sustainability  2

Strategic Land Use Planning & Environment  2

PS01-02/20      Appointment of Community Members to the Environmental Advisory Committee  2

Approval Services  5

PS02-02/20      Proposed Amendments to WALGA Preferred Model - Third Party Appeal Rights in Planning  5

PS03-02/20      Draft legislative amendment to Planning and Development (Local Planning Schemes) Regulations 2015: Container Deposit Scheme Infrastructure  17

PS04-02/20      Consideration of Draft Local Planning Policy 4.28: Container Deposit Scheme Infrastructure  51

PS05-02/20      Review of Local Planning Policy 2.6: Ancillary Accommodation  97

PS06-02/20      Amendment No. 180 to District Planning Scheme No. 2 - Various Modifications Affecting the Special Residential Zone  113

PS07-02/20      Consideration of Amendment No. 179 to the District Planning Scheme No. 2 - Lots 1, 2, 7, 12, 13, 36 – 38 Caporn Street, Wanneroo  121

PS08-02/20      Consideration of Amendment No. 4 to the East Wanneroo Cell 3 Approved Structure Plan No. 5  129

PS09-02/20      Consideration of Amendment No. 2 to Jindee Agreed Structure Plan No. 84  149

PS10-02/20      Proposed change of use from Shop to Restricted Premises and associated signage - Lot 70 (964) Wanneroo Road, Wanneroo (DA2019/1223) 157

PS11-02/20      Consideration of Development Application - Additions to Supermarket and Six Specialty Stores (Two Digital Wall Signs) - 131 Pinjar Road, Ashby  173

Land Development  188

PS12-02/20      Draft Amended Local Planning Policy 4.7 - Uniform Fencing  188

PS13-02/20      Draft Amended Local Planning Policy 4.5 - Subdivisional Retaining Walls  213

Assets  237

Infrastructure Capital Works  237

AS01-02/20      Tender No 19275 - Hartman Drive Duplication between Hepburn Avenue and Gnangara Road  237

Assets Maintenance  249

AS02-02/20      Quinns Beach Long Term Coastal Protection Community Reference Group Terms of Reference Amendments  249

Community & Place  260

Community Facilities  260

CP01-02/20     North Coast Aquatic and Recreation Centre Needs and Feasibility Study  260

CP02-02/20     PT02-12/19 Request for canteen facilities at the Kingsway Little Athletics Centre  446

Place Activation  452

CP03-02/20     Yanchep Lagoon - Proposal for Additional Parking  452

CP04-02/20     Future Direction of Girrawheen Hub  463

Corporate Strategy & Performance  469

Business & Finance  469

CS01-02/20     2019/2020 Mid Year Review - Annual Planning and Budget  469

CS02-02/20     Financial Activity Statement for the period ended 30 November 2019  493

CS03-02/20     Financial Activity Statement for the period ended 31 December 2019  520

Transactional Finance  548

CS04-02/20     Warrant of Payments for the Period to 31 December 2019  548


 

Property Services  605

CS05-02/20     Proposed Lease - Hennaberrys for Hair - Wanneroo Library and Cultural Centre  605

Council & Corporate Support  612

CS06-02/20     Consideration of Motions Received at the Annual General Meeting of Electors' 612

CS07-02/20     Donations to be Considered by Council - February 2020  618

Chief Executive Office  626

Governance & Legal  626

CE01-02/20     Attendance at Events Policy (Council Members and CEO) 626

Item  9_____ Motions on Notice_ 635

MN01-02/20    Cr Brett Treby – Azelia Street - Traffic Issues  635

Item  10____ Urgent Business_ 639

Item  11____ Confidential_ 639

CR01-02/20     Proposed Sale of Lot 9001 (54) Mullingar Way, Landsdale  639

CR02-02/20     Commingled Recyclables Processing  639

Item  12____ Date of Next Meeting_ 640

Item  13____ Closure_ 640

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                             4

Agenda

 

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

 

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

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Public Question Time

Item  4      Confirmation of Minutes

OC01-02/20       Minutes of Ordinary Council Meeting held on 10 December 2019

That the minutes of Ordinary Council Meeting held on 10 December 2019 be confirmed.

Item  5      Announcements by the Mayor without Discussion

Item  6      Questions from Elected Members

Item  7      Petitions

New Petitions Received

Update on Petitions  

Cr Treby presented a petition of 10 signatories requesting the City to permanently close the Public Access Way between Nankivell Way and Mirrabooka Avenue Koondoola.

 

Update:

 

Report will be presented at the Ordinary Council Meeting on 7 April 2020 for consideration.

 


 

Cr Zappa presented a petition of 105 signatories requesting the City of Wanneroo to provide canteen facilities at the Kingsway Little Athletics Centre.

 

Update:

 

A report on this matter is presented to this Council meeting at item CP02-02/20.

Item  8      Reports

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

Planning and Sustainability

Strategic Land Use Planning & Environment

PS01-02/20       Appointment of Community Members to the Environmental Advisory Committee

File Ref:                                              1441V02 – 19/480915

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To appoint community representatives to the Environmental Advisory Committee (EAC).

Background

In accordance with Section 5.11 of the Act, all Committee memberships cease on the day of an ordinary election. It is therefore now necessary to consider nominations for appointment of the vacant community representative positions. The new term of appointment will be for a term of two years, expiring at the next ordinary election day.

 

The main role of the EAC is to provide a forum for community participation in the preparation of the City’s environmental policies, strategies and other such matters referred to it by the City. The focus of this participation is to provide comments reflecting broad community interests, values and aspirations for good environmental outcomes that benefit the community overall. These comments are then taken into account by the City, and Council. 

 

The EAC’s Terms of Reference provide for a maximum of seven members, comprised of three Council Members and a maximum of four community representatives.

 

At the 29 October 2019 Special Council Meeting, Council appointed Cr Sangalli, Cr Aitken and Cr Huntley as Council Member delegates to the EAC.

Detail

The City advertised on 18 October 2019 calling for nominations from new community representatives to sit on the EAC, closing on 20 December 2019. A total of ten nominations were received for the four positions available. A summary of the nominations is provided in Confidential Attachment 1.

Consultation

A call for nominations was advertised from 18 October 2019 to 20 December 2019 via the Wanneroo Times.

Comment

A total of ten nominations were received for community representatives on the EAC. As the EAC Terms of Reference only allow a maximum of four community representatives from the City of Wanneroo, not all of the nominations received by the City can be supported.

 

Confidential Attachment 1 above provides a summary of all of the nominations received and sets out relevant qualifications and experience for each nomination received.

 

Administration has reviewed each nomination and recommends that the following nominees be appointed to represent the community on the EAC:

 

·        Craig Butt;

·        Vicki Joyce;

·        Rob Phillips; and

·        Chris White.

 

Administration’s recommendation is based on the relevant experience and qualifications of each of their nominations, and Administration is of the view that they would bring valuable experience and knowledge to the EAC.

 

The nominees recommended by Administration provide a cross section of skills and expertise as well as a sound knowledge base of key environmental issues affecting the City. Selections also ensure that members are available for Committee meetings and that there is diversity across the Committee in regards to the knowledge of key issues affecting the City’s natural and built environments.

 

The recommended nominations adequately fulfil the requirements of the EAC and present the broad spectrum of knowledge, experience and backgrounds required for the Committee.

 

Administration acknowledges and appreciates the nominations received by Mr Michael Kelly, Mrs Joan Day, Mr Christopher Webb, Mrs Anita Marriott, Mr Tim Pugh, and Mr Stephen Knight.

Statutory Compliance

In accordance with Part 5 – Administration, Division 2 – Council Meetings, committees and their meetings and electors meetings, Subdivision 2 – Committees and their meetings of the Local Government Act 1995, members to Council committees should be appointed by the local government through an absolute majority:

 

“5.10      Appointment of committee members

(1)     A committee is to have as its members –

(a)     persons appointed* by the local government to be members of the committee.

 

*Absolute majority required.”

 

Strategic Implications

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

 “4     Civic Leadership

4.1    Working with Others

4.1.2  Engage, include and involve community

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

Absolute Majority

 

Recommendation

That Council:-

 

1.       BY ABSOLUTE MAJORITY, APPOINTS to the Environmental Advisory Committee Mr Craig Butt, Ms Vicki Joyce, Mr Rob Phillips and Mr Chris White as community representatives; and

 

2.       ACKNOWLEDGES and THANKS the community for the nominations received and contributions made to the Environmental Advisory Committee.

 

 

Attachments:

1.

Attachment 1 - Summary of Nominee Experience and Qualifications

Confidential

Minuted

 


Attachment 1 - Summary of Nominee Experience and Qualifications

Appointment of Community Members to the Environmental Advisory Committee

 

 

 

 

 

 

 

 

 

 

This attachment is confidential and distributed under a separate cover to all Elected Members.

 

 

 

 

 

 

 

 

 

 

Administration Use Only:

Attachment 1 – HPE# 20/23479

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                           10

 

Approval Services

PS02-02/20       Proposed Amendments to WALGA Preferred Model - Third Party Appeal Rights in Planning

File Ref:                                              30042 – 19/456214

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

For Council to provide comment to the Western Australian Local Government Association (WALGA) on a possible amendment to its preferred model for Third Party Appeal Rights.

Background

In May 2017, WALGA released a Third Party Appeals Rights discussion paper which outlined its policy position at the time, as well as presenting arguments for and against the introduction of third party appeal rights for town planning decisions. A report was submitted to the Ordinary Council Meeting on 22 August 2017 (PS04-08/17) where Council resolved as follows:

 

That Council:-

 

1.       ADVISES WALGA that it does not support a comprehensive introduction of Third Party Appeals into the Western Australian planning framework, however, considers that there would be some merit in the introduction of Third Party Appeal Rights in limited circumstances where determinations have been issued by the Development Assessment Panels (DAPS); and

 

2.       NOTES that public confidence in the DAPs decision making process is likely to be enhanced by introducing Third Party Appeal Rights in limited circumstances, particularly when transparency and accountability is clearly demonstrated in the determination process.

 

In December 2018, WALGA released an expanded preferred model on third party appeal rights. This expanded preferred model was presented to the 5 February 2019 Ordinary Council Meeting (PS07-02/19). Council at that meeting reaffirmed its 22 August 2017 resolution, and resolved to clarify the meaning of the term ‘limited circumstances’ from that resolution as follows:

 

‘Limited circumstances’ in the context of the previous resolution relates to extending Third Party Appeal Rights to a responsible authority for applications determined by the Development Assessment Panel in a manner inconsistent with a recommendation prepared by those parties.

 

The current “Preferred Model: Third Party Appeals Rights for Decision made by Development Assessment Panels” (Preferred Model) was later endorsed by WALGA at its 8 May 2019 State Council Meeting. The relevant resolution made at that WALGA State Council Meeting is as follows:

 

1.       Continues to advocate for the State Government to introduce Third Party Appeal Rights for decisions made by Development Assessment Panels; and

 

2.       Endorses the ‘Preferred Model’ as presented in the May 2019 Agenda, as the third party appeals process for decisions made by Development Assessment Panels and in future give consideration to broadening Third Party Appeal Rights to other parties relating to Development Assessment Panel decisions.

 

The current WALGA Preferred Model is included as Attachment 1. WALGA has now invited comment on the proposed amendments to the Preferred Model, as discussed in this Report.

 

As set out in the Development Assessment Panel Practice Notes issued by the Department of Planning, Lands and Heritage, only applicants are usually permitted to apply to the SAT for merit review of applications. Third party appeal rights do not generally exist for planning decisions. The State Government currently does not support third party appeal rights for planning decisions.

Detail

WALGA members discussed proposed amendments to the Preferred Model at its 7 August 2019 WALGA Annual General Meeting. At the meeting, the attendees carried the following Motion:

 

1.       That there be an amendment to the Third Party Appeals Process Preferred Model, being that third parties in addition to Local Governments are able to make an appeal.

 

2.       That there be an amendment to the Third Party Appeals Process Preferred Model, being that closely associated third parties in addition to Local Governments are able to appeal decisions made by the Western Australian Planning Commission and the State Administrative Tribunal, in addition to Development Assessment Panels.

 

The above Motion proposes:

 

·        That a third party appeal against a planning decision could be lodged by a local government, as well as ‘closely related third parties’. The Motion does not define who would constitute a closely related third party;

·        That a local government or closely related third party could appeal a planning decision made by a Development Assessment Panel (DAP), the SAT or the WAPC; and

·        No ability for a closely related third party, or any other third party, to lodge an appeal against a local government planning decision.

 

WALGA has released the Minutes from the 7 August 2019 Annual General Meeting, which provides some comment from the Members and Secretariat on this matter. The relevant extract of the Minutes from that Annual General Meeting is included in Attachment 2. However, no discussion paper was released by WALGA that provides a detailed analysis of the implications of changing the Preferred Model to align with the motion above.

 

WALGA State Council will be considering the above Motion at its upcoming meeting scheduled for 4 March 2020. In the meantime, WALGA has requested comment from its local government members by 30 January 2020 indicating whether they support this motion. Administration has already sought an extension of time from WALGA until 14 February 2020, for Council to provide its submission.

Consultation

WALGA has undertaken consultation with its local government members on this matter. Therefore, Administration did not consider there to be a need for the City to undertake its own consultation on the matters subject to this Report.

Comment

WALGA’s current Preferred Model advocates for granting third party appeal rights to local governments against decisions made by DAP’s. Council in its previous resolutions on third party appeals did not support a comprehensive introduction of third party appeals in Western Australia, but expressed merit in the introduction of third party appeals in limited circumstances where decisions have been made by DAPs.

 

Administration Comment on Proposed Amendments to the Preferred Model

 

Administration makes the following observations with the proposed amendments to the Preferred Model:

 

·        The current Preferred Model only allows for third party appeals to be lodged against a decision made by a DAP, which only makes decisions on development applications. The proposed amendments would allow local governments and closely related third parties to appeal ‘decisions’ made by the WAPC, SAT, and DAP. The proposed amendments are not clear on what ‘decisions’ would be open to third party appeals. The WAPC and the SAT, for example, make planning decisions on subdivisions, structure plans and development applications.

·        The proposed amendments to the Preferred Model specify that ‘closely associated third parties’ could lodge an appeal against certain decisions made by the WAPC, SAT and DAP. However, the information provided by WALGA does not propose criteria, parameters or limitations on how or when such third parties could lodge an appeal.

·        More comprehensive third party appeal rights and opportunities could result in the creation of a significant burden on the statutory planning system, particularly for local government. For example, increasing the scope for third party appeals will likely have resource implications on the finances and personnel of a local government, even if third party appeals are not made against a local government decision. Local government officers would be called to participate in appeals lodged by third parties, particularly if the respective local government was responsible for assessing, reporting and providing a recommendation on the matter the subject of a third party appeal.

·        The amendments to the Preferred Model propose that ‘closely associated third parties’, in addition to local governments, could lodge a third party appeal. It is unclear what criteria defines ‘closely associated third parties’ in the context of this motion; whether they are submitters of an objection to a development application, nearby affected landowners or occupiers, another government agency, or a range of other parties.

·        Proposed amendments to the Preferred Model consider granting ‘closely associated third parties’ the ability to appeal decisions made by the WAPC, the SAT or a DAP. However, no ability is proposed for the ‘closely associated third parties’ to appeal a decision made by a local government. It could be viewed that this aspect of the proposal lacks procedural fairness for third parties, as third parties should have the same rights to appeal a local government decision, if given the right to appeal a planning decision made by any other authority. This would have a very significant resource implication on local government, should third parties start to submit appeals against planning decisions they do not agree with.

·        It is unclear how third party appeals against a decision made by the SAT would operate. Currently, third parties can already participate in SAT reviews in a limited capacity (at the discretion of the SAT), as outlined later in this Report. The State Administrative Tribunal Act 2004 does not currently allow a decision made by the SAT to be appealed at the SAT, but rather prescribes that appeals of SAT decisions can only be made in the Court of Appeal or Supreme Court. An appeal against a SAT decision can only be brought on a question of law, and not simply on the basis that a party is aggrieved by a decision.

 


 

Ability for Third Parties to Participate in Development Assessment and Appeals

 

The current process for assessing development applications enables community members and public authorities to make submissions when such a proposal is advertised. The relevant approval authority (including a DAP) is then required to have due regard to the content of any submissions received.

 

The current system enables third parties to be involved in the SAT review process at the discretion of the SAT. A third party cannot lodge their own appeal against a planning decision and can only participate where an application for review is sought by an applicant. Third party involvement may include:

 

·        Being called as a witness by the respondent;

·        Making a submission under s242 of the Planning and Development Act 2005;

·        Intervening in proceedings pursuant to s37(3) of the State Administrative Tribunal Act 2004; and

·        Participation in mediation (at the invitation and discretion of the SAT).

 

State Government Position on Third Party Appeals

 

WALGA’s Preferred Model, or any amendments made to the Preferred Model, is not a policy position of the State Government. As outlined in a response provided to WALGA by the Minister for Planning (refer Attachment 2), the current Preferred Model has not received support from the State Government. Any change to the appeals process would require consultation and significant legislative changes.

 

Conclusion

 

The proposed amendments present a wider range of scope for third party appeals to what the WALGA Preferred Model currently presents. As outlined above, Council did not support the introduction of a comprehensive third party appeal process when it made previous resolutions in respect to this matter. Consistent with Council’s previous position on this matter, Administration is recommending that Council not support the proposed amendments to WALGA’s Preferred Model on third party appeal rights.

Statutory Compliance

Nil

Strategic Implications

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

 “4     Civic Leadership

4.1    Working with Others

4.1.3  Advocate and collaborate for the benefit of the City

Risk Management Considerations

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 introduction of Third Party Appeal Rights into the planning system would likely prompt the need for the City to introduce a new Local Planning Policy – or undertake a review to the current Local Planning Policy 4.17: State Administrative Tribunal.

Financial Implications

The introduction of limited third party appeal rights, as per the WALGA Preferred Model, amendments to that Model or otherwise, would likely increase the number of appeals the City would be required to participate in. This would also increase the demand for town planning and legal resources that the City would require in responding to and participating in appeals.

The cost to respond to each SAT appeal varies considerably. In some instances, appeals are responded to by Administration (without assistance from external consultants), and therefore costs responding to such matters are kept to operational costs. When the City does engage external consultants to assist in responding to a SAT appeal, monetary costs on the City typically vary from $10,000 to in excess of $200,000, with an additional operational cost in maintaining engagement with the appointed consultants.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       NOT SUPPORT the following motion which was carried at the 7 August 2019 Annual General Meeting of the Western Australian Local Government Association:

 

1.       That there be an amendment to the Third Party Appeals Process Preferred Model, being that third parties in addition to Local Governments are able to make an appeal.

2.       That there be an amendment to the Third Party Appeals Process Preferred Model, being that closely associated third parties in addition to Local Governments are able to appeal decisions made by the Western Australian Planning Commission and the State Administrative Tribunal, in addition to Development Assessment Panels.

 

2.       REAFFIRMS its previous resolution carried at the 22 August 2017 Ordinary Council Meeting (PS04-08/17), which was as follows:

 

That Council:-

 

1.       ADVISES WALGA that it does not support a comprehensive introduction of Third Party Appeals into the Western Australian planning framework, however, considers that there would be some merit in the introduction of Third Party Appeal Rights in limited circumstances where determinations have been issued by the Development Assessment Panels; and

2.       NOTES that public confidence in the DAPs decision making process is likely to be enhanced by introducing Third Party Appeal Rights in limited circumstances, particularly when transparency and accountability is clearly demonstrated in the determination process.

 

3.       REAFFIRMS its position carried at the 5 February 2019 Ordinary Council Meeting (PS07-02/19) that ‘limited circumstances’ in the context of the resolution carried at the 22 August 2017 Ordinary Council Meeting (PS04-08/17) relates to extending Third Party Appeal Rights to a responsible authority for applications determined by the Development Assessment Panel in a manner inconsistent with a recommendation prepared by those parties; and

 

4.       ADVISES the Western Australian Local Government Association of this decision.

 

 

Attachments:

1.

Attachment 1 - February 2020 Report - Preferred model - Third Party Appeal Rights for Decisions made by Development Assessment Panels

19/456609

 

2.

Attachment 2 - Extract from WALGA Annual General Meeting Minutes from 7 August 2019 - Item 3.9: Third Party Appeal Rights

19/457984

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                              13

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                              16

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                           20

PS03-02/20       Draft legislative amendment to Planning and Development (Local Planning Schemes) Regulations 2015: Container Deposit Scheme Infrastructure

File Ref:                                              20513 – 20/27035

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a draft legislative amendment to the Planning and Development (Local Planning Schemes) Regulations 2015 relating to Container Deposit Scheme Infrastructure.

Background

The Container Deposit Scheme (CDS) will commence in Western Australia on 2 June 2020. The scheme will allow consumers to take specified empty beverage containers to a refund point to receive a refund of 10 cents. The CDS was introduced by an amendment to the Waste Avoidance and Resource Recovery Act 2007. CDS refund points and recycling centres will be operated by parties holding a contract with WARRRL (WA Return Renew Recycle), who has been appointed as Scheme Coordinator in Western Australia.

 

The WAPC is seeking comment on amendments to the Planning and Development Regulations that are intended to ensure that CDS sites can be developed with speed and certainty by ensuring that standardised provisions apply in all Local Authority jurisdictions.

 

The following is a brief timeline of the progress of implementation of the CDS.

 

·        In December 2018, the DPLH released draft Position Statement: Deposit Scheme Infrastructure to assist local governments in dealing with proposals for these developments.

·        On 5 March 2019 Council resolved to broadly support the intent of the then draft WAPC Position Statement: Container Deposit Scheme Infrastructure (refer PS008-03/19).

·        The WAPC adopted its Position Statement in May 2019. The Position Statement includes a Model Local Planning Policy (MLPP) for local governments to consider adopting. The MLPP sets out model exemptions from development approval for certain CDS infrastructure.

·        In late December 2019, the DPLH released for comment a draft legislative amendment to the Regulations relating to CDS Infrastructure.

·        The public comment period closes on Friday 7 February 2020, however, the DPLH has agreed to an extension to allow Council to endorse the City’s response at its February meeting.

 

A copy of the draft legislative amendment to the Regulations is provided as Attachment 1. The WAPC’s Position Statement is provided as Attachment 2.

 

Council is also considering draft Local Planning Policy 4.28: Container Deposit Scheme Infrastructure at this meeting.

Detail

The draft legislative amendment proposes to modify the deemed provisions which are contained within Schedule 2 of the Regulations. The deemed provisions apply to all local planning schemes within Western Australia overriding existing provisions. Any changes to the deemed provisions will automatically form part of DPS2 once gazetted. 

 

The draft amendment to the Regulations will provide exemptions for reverse vending machines and collection cages (hereafter referred to as CDS infrastructure) outside of residential areas  and container deposit scheme recycling centres proposed within existing buildings outside of residential areas. Key points relating to the proposed amendment include:

 

·        Inclusion of a sunset clause to CDS infrastructure deemed exempt that is functioning by 1 June 2021; and

·        Exemptions for container deposit scheme recycling centres only relate to works being undertaken within a pre-existing building – they do not apply to works such as the construction of a warehouse or shed.

 

In addition, the draft amendment proposes to define a heritage protected place to simplify the deemed provisions. Administration has no concerns with this element of the amendment which will not be discussed further in this report.

Consultation

This report has been prepared for Council to consider providing a response to the WAPC on its consultation on the matter. Members of the community are able to make comment on the matter directly to the WAPC. Administration will provide a copy of Council’s adopted submission to WALGA.

Comment

The DPLH has advised that the intent of the amendment to the Regulations is to provide exemption from development approval for specific CDS developments. Administration generally supports exempting development from needing approval where the land use and physical form has no impact on the amenity of an area.

 

Administration considers that amending the Regulations is unnecessary and that the matter of exemptions can be dealt with by a local planning policy. Amending the Regulations will result in automatic and mandatory development standards that have no regard for the established built form and amenity within individual local government areas. In addition, Administration is concerned that the proposed amendment to the Regulations does not follow the proper planning process for the classification of land use and it will facilitate development which may detrimentally impact an area without triggering any requirement for development approval.

 

All local planning schemes contain land use terms and a zoning table which sets the land use permissibility for these uses within relevant zones of the scheme. Land use terms not defined in this schedule or contained in the zoning table are treated as Unlisted Uses in accordance with Clause 3.3 of DPS2. A local government is required to consider an application for development approval against the land use terms and zoning table within its scheme, and apply the requirements of the most appropriate land use.

 

The draft amendment to the Regulations is proposing to insert a clause into Part 7 of the deemed provisions titled’ terms used’. A ‘terms used’ section is used to define terms commonly used throughout legislation and is separate from land use terms as defined within the scheme. Draft clause 59A includes definitions for ‘container collection cage’, ‘container deposit recycling centre’, ‘drop-off refund point’, and ‘reverse vending machine’. These ‘terms’ are referenced in exemptions throughout the draft amendment inferring a local government should be applying these terms as though they are bona-fide land uses under the scheme. It is questionable whether these ‘terms’ can be applied as land use terms in lieu of those contained within the defined uses under the scheme and within the zoning table.

 

The draft amendment includes a number of development standards whereby compliant proposals would be exempt from development approval providing no part of the development is in a heritage protected place or within a residential area (where the R-Codes apply).  Notwithstanding Administration’s concerns on the validity of using these terms as proxies for defined land uses, examples of situations the draft provisions will allow and resulting issues are provided below:

 

·        A reverse vending machine to be placed on a commercial or service industrial lot with a two metre street setback despite DPS2 prescribing a six metre setback. This may be contrary to established development and have a detrimental impact on the streetscape. 

·        A reverse vending machine and/or container collection cage within an existing car park with more than 40 spaces occupying up to four car parking spaces or 45m2 where the carpark has between 41 – 200 spaces, and 75m2 in any other case. These requirements do not enable any consideration of existing parking shortfalls which could result in parking and congestion issues within developments as a result of exempt CDS developments.

 

A copy of Administrations draft response to the DPLH is provided as Attachment 3, which includes a table identifying a number of administrative and technical concerns.

Statutory Compliance

In the event the draft amendment is gazetted these provisions will automatically form part of DPS2 and the City will be required to comply with, and where appropriate, enforce these new provisions.

Strategic Implications

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

 “3     Environment (Natural)

3.3    Reduce, Reuse, Recycle, Waste

3.3.1  Treat waste as a resource

Risk Management Considerations

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 gazettal of the draft legislative amendment to the Planning and Development (Local Planning Schemes) 2015 may negate the requirement for draft Local Planning Policy 4.28: Container Deposit Scheme Infrastructure.

Financial Implications

N/A

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       ENDORSES Administration’s response to the Department of Planning, Lands and Heritage provided in Attachment 3 on the draft legislative amendment to the Planning and Development (Local Planning Schemes) Regulations 2015; and

2.       ADVISES the Western Australian Local Government Association of this decision.

 

Attachments:

1.

Attachment 1 - Draft Legislative Amendment Container Deposit Scheme

20/17462

 

2.

Attachment 2 - WAPC Position Statement: Container Deposit Scheme Infrastructure

20/2505

 

3.

Attachment 3 - Comments on draft legislative amendment

20/27259

Minuted

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                              34

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                                           46

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                              50

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                           54

PS04-02/20       Consideration of Draft Local Planning Policy 4.28: Container Deposit Scheme Infrastructure

File Ref:                                              39936 – 20/2756

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

 

Issue

To consider draft Local Planning Policy 4:28: Container Deposit Scheme Infrastructure (draft LPP 4.28).

Background

The Container Deposit Scheme (CDS) will commence in Western Australia on 2 June 2020. The scheme will allow consumers to take specified empty beverage containers to a refund point to receive a refund of 10 cents. The CDS was introduced by an amendment to the Waste Avoidance and Resource Recovery Act 2007. CDS refund points and recycling centres will be operated by parties holding a contract with WARRRL (WA Return Renew Recycle), who has been appointed as Scheme Coordinator in Western Australia.

 

The WAPC is seeking comment on amendments to the Planning and Development Regulations that are intended to ensure that CDS sites can be developed with speed and certainty by ensuring that standardised provisions apply in all Local Authority jurisdictions.

 

The following is a brief timeline of the progress of implementation of the CDS.

 

·        In December 2018, the DPLH released draft Position Statement: Deposit Scheme Infrastructure to assist local governments in dealing with proposals for these developments;

·        On 5 March 2019 Council resolved to broadly support the intent of the then draft WAPC Position Statement: Container Deposit Scheme Infrastructure (refer PS008-03/19);

·        The WAPC adopted its Position Statement in May 2019. The Position Statement includes a Model Local Planning Policy (MLPP) for local governments to consider adopting. The MLPP sets out model exemptions from development approval for certain CDS infrastructure;

·        In late December 2019, the DPLH released for comment a draft legislative amendment to the Regulations relating to CDS Infrastructure; and

·        The public comment period closes on Friday 7 February 2020, however, the DPLH has agreed to an extension to allow Council to endorse the City’s response at its February meeting.

 

As the WA government intends for the CDS to be operational by the middle of the year, it is now necessary to commence preparation of a local planning policy. Initiation of a new local planning policy will ensure that the City is ready for implementation of the CDS.

 

A copy of the draft legislative amendment to the Regulations is provided as Attachment 1.

 

The WAPC’s Position Statement including the MLPP is provided as Attachment 2.

Detail

The MLPP prepared by the DPLH provides exemptions for CDS infrastructure including container collection cages and reverse vending machines. The MLPP specifies the following exemptions:

 

·        Large reverse vending machines which meet the development standards of the policy, except within the following zones:

o   Residential, urban development, special residential, rural, rural residential and rural smallholding zones.

·        Container collection cages which meet the development standards of the policy in any zone where the land is lawfully used for the purposes of a civic use, community purpose or education establishment.

 

The development standards of the MLPP relate to location, amenity, operational amenity and the development footprint.

 

The Position Statement states that local governments are not required to advertise a local planning policy that is consistent with the MLPP. However Administration is recommending that the Council adopt a Local Planning Policy that varies from the MLPP and therefore will require public consultation.

 

Images of CDS Infrastructure are provided in Attachment 3.

Consultation

The MLPP does not address the City’s needs in regards to building setbacks and signage provisions. As such, Administration is proposing to modify the MLPP to address these matters and therefore, public consultation will be required.

 

Clause 4(2) of the deemed provisions of DPS2 requires a draft local planning policy to be advertised for a minimum of 21 days, although the City will normally advertise a draft local planning policy for 42 days.

 

Following the 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 the draft LPP 4.28.

 

Administration also proposes to forward a copy of Council’s resolution to WALGA to keep them informed of the Council’s position in relation to the roll out of the CDS.

Comment

Administration seeks to modify the MLPP prepared by the DPLH to ensure the City’s local planning policy responds to the local context. The main concerns Administration has in adopting the MLPP verbatim relate to street setbacks, signage and placement of infrastructure within existing car parking spaces.

 

The MLPP permits CDS infrastructure to have a minimum two metre setback from the street as of right. However DPS2 prescribes a six metre primary street setback and a three metre secondary street setback. In addition, DPS2 prescribes the first three metres of a lot should be used as a means of access and landscaping only. If the MLPP provisions were applied, the City could end up with reverse vending machines setback two metres from the boundary creating an inconsistent street setback. This outcome has the potential to detrimentally impact established and intended streetscapes and is not supported.

 

The MLPP allows branding and promotional material associated with the CDS to be placed on the infrastructure. However, no information on the size, number and type of signs has been provided to the City and therefore Administration is unable to determine whether such development will be consistent with the objectives contained within DPS2 for signage. Therefore, it is recommended that the signage exemption for CDS infrastructure not form part of draft LPP 4.28.

 

Lastly, the MLPP allows for CDS infrastructure to be placed within existing car parking bays subject to controls on the size of the car park and infrastructure. However, these exemptions do not account for any existing on-site parking requirements or preapproved shortfalls or other known parking issues. As such exempting development that may create or exacerbate a parking problem cannot be supported. The draft LPP 4.28 removes any reference to infrastructure placed in existing parking bays being exempt.

 

A copy of draft LPP 4.28 is provided in Attachment 4.

 

A summary of comparison of the MLPP against draft LPP 4.28 is provided in Attachment 5.

 

In the event the draft legislative amendment is gazetted, there may be no requirement for a local planning policy. Notwithstanding, Administration considers it prudent to progress the policy to ensure our planning framework provides appropriate controls for CDS infrastructure should the legislative amendment not take effect.

Statutory Compliance

In accordance with Clause 4 of the Deemed Provisions for Local Planning Schemes contained within Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (DPS2 Deemed Provisions), Council can resolve to adopt a LPP. Draft amendments to the WAPC’s MLPP must be advertised for public comment for a period of not less than 21 days, after which time it is to be reviewed in the context of any submissions received and either adopted with or without modifications or not proceeded with.

Strategic Implications

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

 “3     Environment (Natural)

3.3    Reduce, Reuse, Recycle, Waste

3.3.3  Create and promote waste management solutions

Risk Management Considerations

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

The above risks relating to the issue contained within this report have been identified and considered within the City’s Strategic and Corporate risk registers.

Policy Implications

The draft LPP includes relevant development standards relating to CDS infrastructure and facilities and will assist Administration in the dealing of future development applications.

Financial Implications

The costs associated with the preparation of the LPP can be met from the current Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

1.       That Council, pursuant to Clauses 4 and 5 of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2, resolves to PREPARE draft Local Planning Policy 4.28: Container Deposit Scheme Infrastructure, as contained in Attachment 4, and ADVERTISE it for public comment for a period of 21 days by way of following:

 

a)      An advertisement published in the Wanneroo Times newspaper at the commencement of the advertising period; and

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

 

2.       A copy of draft Local Planning Policy 4.28: Container Deposit Scheme Infrastructure and Council Report be FORWARDED to WALGA for their information.

 

Attachments:

1.

Attachment 1 - Draft Legislative Amendment Container Deposit Scheme

20/17462

 

2.

Attachment 2 - WAPC Position Statement and Model Local Planning Policy - Container Deposit Scheme Infrastructure

20/2505

 

3.

Attachment 3 - Container Deposit Scheme Infrastructure Examples

19/43942

 

4.

Attachment 4 - Draft Local Planning Policy 4.28 - Container Deposit Scheme Policy (PDF Version)

20/2498

Minuted

5.

Attachment 5 - Proposed changes to WAPC s MLPP - Container Deposit Scheme Infrastructure

20/22615

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                              68

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                                           80

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                              82

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                                           96

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                         101

PS05-02/20       Review of Local Planning Policy 2.6: Ancillary Accommodation

File Ref:                                              4083 – 19/365417

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider Local Planning Policy 2.6: Ancillary Accommodation (LPP 2.6), which is due for review.

Background

At its 7 February 2017 meeting (PS04-02/17), Council resolved to adopt LPP 2.6 (existing policy). The existing policy provides clarity and guidance for the City and the public regarding the development assessment of ancillary accommodation. A review of LPP 2.6 was scheduled to be conducted two years from its adoption, and is now due.

 

Another purpose of this review of LPP 2.6 is to refine the existing policy provisions, and introduce new provisions. In particular, it is proposed that this review be utilised to introduce design standards for ancillary accommodation.

Detail

Administration has commenced the review of LPP 2.6, and has prepared draft amendments to the policy as included in Attachment 1.

 

The existing policy already provides the following, which Administration is proposing to retain and refine:

 

·        Policy objectives which through this review are proposed to be refined and expanded to better respond to visual amenity and built form;

·        An explanation of the difference between ‘ancillary accommodation’ and ‘detached extensions’ to dwellings (such as sleep-outs, pool rooms and sewing rooms); and

·        Provisions for ancillary accommodation where the provisions of State Planning Policy 7.3: Residential Design Codes Volume 1 (R-Codes) do not apply (e.g. in the rural zones and the Special Residential Zone). In particular, Administration proposes to introduce a provision relating to the use of building materials for ancillary accommodation in these areas.

 

The existing policy prescribes a maximum floor area for ancillary accommodation of 70m2 where the R-Codes apply, and up to 100m2 where the R-Codes do not apply (e.g. in rural areas). Administration is not proposing the maximums prescribed be adjusted through this policy review.

 

Further to the above, it is proposed that provisions relating to ancillary accommodation be added to LPP 2.6 to amend the deemed-to-comply provisions of the R-Codes. The mechanism to amend deemed-to-comply provisions of the R-Codes through a local planning policy is outlined in Part 7 of the R-Codes. The amended deemed-to-comply provisions that are proposed for LPP 2.6 will guide the development of ancillary accommodation in areas where the R-Codes apply (such as in residential areas).

 

The deemed-to-comply provisions are proposed to be amended to include a provision requiring ancillary accommodation to be constructed of matching built form as the single house to which it is ancillary. The term ‘matching built form’ would then be defined through the policy as follows:

 

       “Matching Built Form: means a built form for ancillary accommodation that is the same as that of the Single House to which it is ancillary – by way of colour, texture and materials used in the construction of external walls; roof material, colour and pitch; and floor to ceiling height.”

 

Where a proposal does not meet the proposed deemed-to-comply provisions (i.e. does not match the existing dwelling), a development application will be assessed against Local Housing Objectives which are also proposed to be inserted into LPP 2.6. None of the proposed objectives require ancillary accommodation to exactly match an existing dwelling. The Local Housing Objectives focus on ensuring that the ancillary accommodation will be compatible with its context and not detract from the character of the street or neighbouring properties.

 

The purpose of Local Housing Objectives is to set a flexible framework for judging the merits of a proposal. The Local Housing Objectives have been prepared and worded so that they can be applied to ancillary accommodation in both residential and non-residential (e.g. rural) settings.

 

A marked-up version of the draft amendments to the policy document, which shows the full extent of the proposed amendments to LPP 2.6, is provided as Attachment 2. The existing policy as adopted in February 2017 is provided as Attachment 3.

Consultation

Administration requires Council’s resolution under the DPS2 Deemed Provisions to formally ‘prepare’ the amendments to LPP 2.6 as provided in Attachment 1, and for the proposed amendments to LPP 2.6 to be advertised for no less than 21 days.

 

It is proposed to advertise the draft amendments to LPP 2.6 for a period of 42 days. This is consistent with the way amendments to other local planning policies have been advertised. Advertising will be undertaken by way of the following:

 

·        Notification in Wanneroo Times newspaper;

·        Display at the Civic Centre and on the City’s website; and

·        Notification to State Government agencies and other relevant stakeholders.

 

Following advertising, Administration intends to seek Council’s resolution pursuant to the DPS2 Deemed Provisions to either:

 

·        Proceed (or adopt) the amendments to LPP 2.6, as advertised or modified in light of any submissions received through advertising; or

·        Not proceed with (or not adopt) the amendments to LPP 2.6.

 

Some of the proposed amendments to the policy are inconsistent with the deemed-to-comply provisions of the R-Codes. Under Clause 4(1)(b) of the DPS2 Deemed Provisions, the City must give notice of a proposed policy to the WAPC when a proposed local planning policy is advertised that is inconsistent with State Planning Policy. Administration intends to also give notice to the WAPC should Council resolve to advertise proposed amendments to LPP 2.6.

Comment

The proposed amendments to LPP 2.6 are based on sound planning principles and address operational considerations in the assessment of ancillary accommodation. Amendments proposed by Administration improve the legibility and clarity of LPP 2.6, and will ensure the planning framework sets appropriate controls for ancillary accommodation.

 

Amending Deemed-to-Comply Provisions to Require Development Approval

 

Currently under the DPS2 Deemed Provisions, development approval is exempt where ancillary accommodation in the Residential Zone meets:

 

·        The current deemed-to-comply provisions of the R-Codes; or

·        A requirement in a local planning policy that amends or replaces the deemed-to-comply requirement of the R-Codes.

 

Ancillary accommodation is currently exempt from development approval where all the current deemed-to-comply provisions of the R-Codes are met. The deemed-to-comply provisions of the R-Codes do not contain provisions relating to the built form for ancillary accommodation. Therefore, ancillary accommodation development can be exempt from needing development approval even if the appearance of the structure is undesirable and impacts on the character of the street or on the amenity of neighbouring properties.

 

It is proposed to amend the deemed-to-comply provisions through LPP 2.6 to include requirements relating to the built form of ancillary accommodation, and it to match that of a single house on the same lot. If the draft amendments to LPP 2.6 were to be adopted as proposed, a development approval would not be required if an ancillary accommodation met the deemed-to-comply provisions of the R-Codes and was constructed to the same built form as a single house on the same lot.

 

For ancillary accommodation proposals that do not meet the amended deemed-to-comply provisions proposed for LPP 2.6, such proposals would then be directed through the development assessment process. For such proposals to be approved, the relevant Design Principles of the R-Codes would need to be satisfied, as well as the Local Housing Objectives proposed to be included in LPP 2.6. It is intended that this development assessment process could prevent construction of ancillary accommodation that is out of character with the site and surrounds.

 

Department of Planning, Lands and Heritage Advice and WAPC Approval

 

Administration has previously sought preliminary advice from officers at the DPLH on the amendments to the deemed-to-comply provisions of the R-Codes proposed through the review of LPP 2.6. DPLH supports the City’s intent to address building design and appearance of ancillary accommodation through the review of LPP 2.6.

 

The advice received from DPLH has been prepared by their officers, and does not constitute a formal approval to amend the deemed-to-comply provisions of the R-Codes through LPP 2.6. Pursuant to Clause 7.3.2 of the R-Codes, the City still requires a formal approval from the WAPC to amend the deemed-to-comply provisions of the R-Codes. In moving forward, it is recommended that Council seek formal WAPC approval of the proposed amendments to the deemed-to-comply provisions, whilst the proposed amendments to LPP 2.6 are being advertised.

Statutory Compliance

Council can resolve to amend a local planning policy in accordance with Clauses 4 and 5 of the deemed provisions for local planning schemes contained within Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (DPS2 Deemed Provisions). Draft amendments to a policy, which are not minor, must be advertised for public comment for a period of not less than 21 days; after which time it is to be reviewed in the context of any submissions received and either adopted with or without modifications or not proceeded with.

Strategic Implications

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

 “3     Environment (Built)

3.6    Housing Choice

3.6.1  Facilitate housing diversity to reflect changing community needs

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. However, Administration acknowledges that unforeseen issues with applying local planning policies are more likely to arise if policies are not reviewed on a regular basis.

Policy Implications

Amendments to LPP 2.6 are intended to update the City’s guidance in assessing and determining applications for development approval for ancillary accommodation in the City.

Financial Implications

The costs associated with undertaking the review of LPP 2.6 can be met from the current Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to Clause 4(1), Clause 4(2) and Clause 5 of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2, PREPARES amendments to Local Planning Policy 2.6: Ancillary Accommodation, as contained in Attachment 1, and ADVERTISES the amendments for public comment for a period of at least 42 days;

 

2.       Pursuant to Clause 4(1)(b) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2:

 

a)      CONSIDERS that the amendments to Local Planning Policy 2.6: Ancillary Accommodation, as contained in Attachment 1, provide deemed-to-comply provisions for ancillary accommodation that are inconsistent with equivalent provisions for ancillary accommodation contained within State Planning Policy 7.3: Residential Design Codes Volume 1;

 

b)      GIVES NOTICE to the Western Australian Planning Commission when advertising the amendments to Local Planning Policy 2.6: Ancillary Accommodation pursuant to Item (1) above; and

 

3.       Pursuant to Clause 7.3.2 of State Planning Policy 7.3: Residential Design Codes Volume 1, REQUESTS approval from the Western Australian Planning Commission to amend, through Local Planning Policy 2.6: Ancillary Accommodation, the deemed-to-comply provisions for Ancillary Dwellings in Clause 5.5.1 of State Planning Policy 7.3: Residential Design Codes Volume 1, as follows:

 

“Ancillary dwelling associated with a single house and on the same lot where:

 

i.       the lot is not less than 450m2 in area;

 

ii.      there is a maximum plot ratio area of 70m2;

 

iii.     ancillary accommodation constructed of matching built form as the single house to which it is ancillary.

 

iv.     parking provided in accordance with Clause 5.3.3 C3.1 of the R-Codes; and

 

v.      complies with all other R-Code provisions, only as they apply to single houses, with the exception of Clauses:

 

(a)       5.1.1 Site area;

 

(b)       5.2.3 Street surveillance (except where located on a lot with secondary street or right-of-way access); and

 

(c)     5.3.1 Outdoor living areas.”

 

Attachments:

1.

Attachment 1 - Draft Amended LPP 2.6 Prepared for Advertising

19/457437

Minuted

2.

Attachment 2 - Marked Up Version - 2020 Revisions to Local Planning Policy 2.6  Ancillary Accommodation

20/26832

 

3.

Attachment 3 - Existing Local Planning Policy 2.6  Ancillary Accommodation

16/435851

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                            104

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                            109

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                            112

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                         117

PS06-02/20       Amendment No. 180 to District Planning Scheme No. 2 - Various Modifications Affecting the Special Residential Zone

File Ref:                                              38398 – 19/445180

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To consider the submissions received during the public advertising of Amendment No. 180 to DPS2.

 

Background

Rationale for the DPS2 Amendment

 

Council previously considered on a development application for a child care centre at Harbour Elbow, Banksia Grove (refer PS04-10/18 and PS02-05/19). Through considerations of that application, Council became aware of the concerns that can arise from the establishment of non-residential land uses in the Special Residential Zone.

 

The impact of an individual non-residential land use in a Special Residential Zone can be properly managed through sensitive design and appropriate conditions of approval. However, the cumulative impact of multiple non-residential uses in close proximity within a Special Residential Zone will likely detract from the intended low density residential character. In this regard an accumulation of non-residential land uses in the Special Residential Zone could compromise and erode the purpose of the zone, which is to establish a low-density and spacious residential environment. In response, one of the purposes of Amendment No. 180 is to reduce the range of non-residential land uses that are capable of approval in the Special Residential zone.

 

Attachment 1 shows the location of the City’s Special Residential Zones. Special Provisions for six defined Special Residential zoned areas are provided for in Schedule 11 (Special Provisions) of DPS2. In addition to the above, Amendment No. 180 also proposes to remove the now redundant Special Provisions from Schedule 11 as they relate to Lot 51 (2) Travertine Vista, Carramar (formerly Lot 51 (575) Flynn Drive, Carramar) as this lot was rezoned to Urban Development in 2013. The provisions in Schedule 11 were not amended when Lot 51 was rezoned to Urban Development and this additional action will rectify the matter.

 

Council’s Previous Considerations on the DPS2 Amendment

 

Council at its 30 July 2019 Ordinary Council Meeting resolved to prepare (or initiate) Amendment No. 180 (PS07-07/19). The amendment proposal was then subsequently advertised as outlined later in this Report. Council’s previous resolution on Amendment No. 180 was as follows:

 

“That Council:

 

1.       PREPARES Amendment No. 180 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)    Modifying the permissibility of the following land uses from discretionary (‘D’) to not permitted (‘X’) in the Special Residential Zone:

 

i.    Cattery

ii.    Child Care Centre

iii.   Consulting Room

 

b)    Deleting Special Residential No. 6 from Schedule 11;

 

2.       Pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 180 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. 180 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. 180 to District Planning Scheme No. 2 to the Environmental Protection Authority;

 

5.       Subject to approval from the Environmental Protection Authority and the Western Australian Planning Commission, ADVERTISES Amendment No. 180 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; and

 

6.       NOTES that a further amendment to the City’s District Planning Scheme No. 2 will be presented to Council’s 27 August 2019 Meeting, to address administrative errors that have inadvertently resulted in District Planning Scheme No. 2 prescribing land use permissibility of ‘holiday accommodation’ as discretionary (‘D’) in the General Rural, Special Rural, Special Residential and Landscape Enhancement Zones.”

Detail

Amendment No. 180 to DPS2 proposes the following:

 

a)   Changes to land use permissibility in the Special Residential Zone:

 

Amendment No. 180 to DPS2 proposes to modify land use permissibility to the extent as set out below:

 

 

Land Use

Current Permissibility in the Special Residential Zone

Proposed Permissibility in the Special Residential Zone

Cattery

D

X

Child Care Centre

D

X

Consulting Room

D

X

 

Amendment No. 180 does not propose changes to land use permissibility for ‘ancillary accommodation’, ‘bed and breakfast’, ‘holiday accommodation’, ‘holiday house’, ‘home business (category 1-3), ‘mast or antenna’, ‘park’ and ‘single house’; which would remain either discretionary (‘D’) or permitted (‘P’). All other land uses are not permitted (or ‘X’) in the Special Residential Zone, which Amendment No. 180 does not propose to change.

 

b)   Deletion of Special Provisions

 

DPS2 includes Special Provisions for Special Residential Zone No. 6 relating to Lot 51 (2) Travertine Vista, Carramar. However these provisions are now redundant given that Lot 51 was rezoned to Urban Development in October 2013. Woodland Vista Local Structure Plan No. 92 (LSP 92) affects Lot 51, and supports residential subdivision with a density code of between R25 and R30. Amendment No. 180 proposes to delete the defunct Special Provisions contained in Schedule 11 of DPS2 relating to Special Residential Zone No. 6.

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. 180 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 for public submissions.

 

Advertising of Amendment No. 180 was carried out between 24 October 2019 and 23 December 2019 by way of:

 

·        An advertisement in the 24 October 2019 edition of the ‘Wanneroo Times’ local newspaper;

·        Letter to landowners and occupiers of land zoned Special Residential (under DPS2 and designated under a structure plan), as well as the landowner and occupier of 51 (2) Travertine Vista, Carramar;

·        A notice sent to the Department of Planning, Lands and Heritage as well as the Department of Communities; and

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

 

The City received four submissions on the amendment proposal. All the submissions received either supported the amendment proposal or expressed no objection. A summary of the submissions received, including Administration’s response to those submissions, is included in Attachment 2.

Comment

Compatibility of Non-Residential Land Uses in the Special Residential Zone

 

The benefit of having child care centres and consulting rooms in the Special Residential Zone is that it provides such services in easy access to the residents of the surrounding residential development.

 

However, DPS2 does recognise that child care centres and consulting rooms may not always be appropriate in the Special Residential Zone, and therefore lists these uses as discretionary (‘D’) in the zone. While an individual non-residential use in isolation may be acceptable, the possibility exists that over time an accumulation of such uses in the Special Residential Zone could occur. This outcome would impact the intended purpose and character of the zone, which is to provide for low-density and spacious form of residential living.

 

The objectives of the Residential Zone, for example, support the provision of ‘compatible urban support services’, which could include child care centres and consulting rooms. Child care centres and consulting rooms are also discretionary (‘D’) in the Residential Zone, as they are in the Special Residential Zone. However, there is no equivalent objective that exists in DPS2 for the Special Residential Zone. As the objective for the Special Residential Zone does not include statements on the provision of “urban support services” and focuses on low density residential, Administration considers there is merit in making child care centres and consulting rooms not permitted. Furthermore, given the higher density of living in a Residential Zone, an accumulation of child care centres and consulting rooms in the Residential zone would not have as much of an impact on residents compared to an accumulation of these uses in the Special Residential Zone.

 

Administration considers that either a single cattery in the Special Residential Zone, or an accumulation of catteries, has the potential to impact on local amenity of the zone by way of odour and noise; and therefore should not be a use that can be accommodated in the Special Residential Zone.

 

Justification to Delete Special Provisions Affecting Lot 51 Flynn Drive, Carramar

 

DPS2 also includes Special Residential Provisions in Schedule 11 (Special Provisions), for six defined Special Residential Zoned areas; including Special Residential Zone No. 6 which applies to Lot 51 (2) Travertine Vista, Carramar (formerly Lot 51 (575) Flynn Drive, Carramar).

 

Lot 51 was however the subject of an amendment to the Metropolitan Region Scheme (MRS) in 2013, to rezone this land from ‘Rural’ to Urban’. At the time, Administration requested the WAPC to amend DPS2, to rezone the land from ‘Special Residential’ to ‘Urban Development’, to align DPS2 with what was proposed through the MRS amendment. The WAPC agreed to this request, and Lot 51 was rezoned to ‘Urban Development’ effective 1 October 2013. An unintended consequence of that rezoning was that the Special Provisions relating to Lot 51 remained in Schedule 11 of DPS2. Amendment No. 180 proposes to address this issue by removing the Special Provisions from Schedule 11 as they relate to Lot 51 Flynn Drive, Carramar.

Statutory Compliance

Amendment No. 180 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. 180 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. 180 in accordance with the Regulations, without modification.

 

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.

 

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

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


 

Risk Management Considerations

Risk Title

Risk Rating

CO-019 Decision Making

Low

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

Risk Title

Risk Rating

CO-O03 Strategic Land

Moderate

Accountability

Action Planning Option

Director Planning & Sustainability

Manage

 

The above risks relating to the issue contained within this report have been identified and considered within the City’s Strategic/Corporate risk register. Action plans are in place/have been developed to manage/mitigate this risk.

Policy Implications

Nil

Financial Implications

The cost in preparing this amendment 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. 180 to District Planning Scheme No. 2, a summary of which is included in Attachment 2;

 

2.       Pursuant to Regulation 41(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUPPORTS the prepared Amendment No. 180 to District Planning Scheme No. 2, as resolved by Council at the 30 July 2019 Ordinary Council Meeting (PS07-07/19);

 

3.       AUTHORISES the Mayor and the Chief Executive Officer to SIGN and SEAL Amendment No. 180 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. 180 to District Planning Scheme No. 2 to the Western Australian Planning Commission; and

 

5.       ADVISES the submitters of its decision.

 

Attachments:

1.

Attachment 1 - Map Showing Location of Special Residential Zones

19/267237

 

2.

Attachment 2 - Submission Schedule - Amendment No. 180 to DPS2

20/11276

Minuted

 


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PS07-02/20       Consideration of Amendment No. 179 to the District Planning Scheme No. 2 - Lots 1, 2, 7, 12, 13, 36 – 38 Caporn Street, Wanneroo

File Ref:                                              37190 – 20/12144

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a request to amend the District Planning Scheme No. 2 (DPS2) by rezoning Lots 1, 2, 7, 12, 13, 36 – 38 Caporn Street, Wanneroo (the subject lots) from Rural Resource to Urban Development and to modify the scheme map accordingly.

 

Applicant

Taylor Burrell Barnett Town Planning

Owners

Perron Developments Pty Ltd, Quito Pty Ltd, Anthony Cosentino, Jillian Ding, Ian James & Anthony Del Borrello

Location

Lots 1, 2, 7, 12, 13, 36 – 38 Caporn Street, Wanneroo

Site Area

26.6 hectares

MRS Zoning

Urban

DPS 2 Zoning

Rural Resource

 

 

Background

On 11 November 2019, Taylor Burrell Barnett on behalf of Quito Pty Ltd and Ian James requested the City to consider an amendment to DPS2 to rezone the subject lots from Rural Resource to Urban Development and to modify the scheme map accordingly.

 

On 14 February 2018, the Western Australian Planning Commission (WAPC) resolved to lift the Urban Deferment under the Metropolitan Region Scheme (MRS) and notification of this decision was published in the Government Gazette 20 March 2018. The land is now zoned Urban under the MRS.

 

Section 124(3) of the Planning and Development Act (2005) requires DPS to be amended to be consistent with the MRS.

Detail

Site

The subject lots are located to the south of Caporn Street and adjoin the developed residential areas of Sinagra to the south and west. In DPS2 the land to the north of Caporn Street is zoned Rural Resource and the land to the east of the subject lots is zoned Special Rural. The location plan is included as Attachment 1. The subject lots are located within the western part of the future East Wanneroo urban area, which is subject to the draft East Wanneroo District Structure Plan (DSP), wherein these lots are designated as Suburban Neighbourhood (Attachment 2).

Proposal

The proposal is to amend DPS2 by rezoning the subject lots from Rural Resource to Urban Development.

 

The applicant justifies the proposal as follows:

 

·        In accordance with Section 124(3) of the Planning and Development Act 2005, when a regional planning scheme is amended, a local planning scheme must be amended to be consistent with the regional planning scheme no later than 90 days after the day on which the amendment to the region planning scheme had effect. The subject lots being zoned Urban in the MRS, as occurred on 20 March 2018, the DPS2 needs to be amended to rezone the subject lots from Rural Resource to Urban Development.

 

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

In March 2018, shortly after the subject lots were zoned Urban under the MRS, representatives of one of the landowners in the area (Perron Group) met with Administration. At this meeting it was agreed that the landowners would submit the application to amend DPS2 to enable them to consider what form of amendment they would prefer. Administration did not progress an amendment to DPS 2 on the basis it would be submitted by the landowners.   

 

There has subsequently been consultation between representatives of two of the main land owners in the area (Perron Group and Benara Nurseries (Quito Pty Ltd and Mr Ian James)), and this has resulted in the present application being made in November 2019 by Taylor Burrell Barnett on behalf of Benara Nurseries, supported by Perron Group.

The proposed Urban Development zone is a precursor to the preparation of a Local Structure Plan (LSP) for the subject lots under the provisions of DPS2, which would then enable subdivision applications to be made.

Consultation

The applicant has considered the amendment as a ‘standard’ amendment under the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the Regulations’) and this classification is supported.

 

Standard scheme amendments must be advertised for public comment.  However, before doing so, the amendment will need to be referred to the Environmental Protection Authority (EPA) to assess the environmental impacts of the proposal and to determine whether any formal environmental assessment is necessary.

 

Subject to no objections being received from the EPA, a standard amendment must be advertised for public comment for a period of 42 days.  Advertising is to occur in the following manner, consistent with the requirements of the Regulations:

 

·        Advertisement in a local newspaper for one week;

·        Placement of a sign on affected sites, giving notice of the proposal;

·        Display notice of the proposal in Council offices;

·        Display on the City’s website; and

·        Referral in writing to affected persons/agencies.

Comment

Council’s Local Planning Policy (LPP) 5.3: East Wanneroo states that the City shall not support applications of this type in the East Wanneroo area unless the land has first been zoned Urban under the MRS, and the pre-requisites to Urban zoning referred to in the policy have been satisfied.

 

While the land is zoned Urban, the pre-requisites referred to have not been satisfied as noted below:

 

·        The draft DSP and associated studies have not been approved;

·        The MRS has not been amended to reserve any regional reserves required by the draft DSP.  (In its submission on the draft DSP, Council advised that Caporn Street should be designated as an ‘integrator arterial road’ on the DSP, in which case it would be reserved under the MRS); and

·        A regional and district-level Development Contribution Plan for East Wanneroo is not in place.

 

The draft EWDSP outlines the planning process in three sequential parts as follows:

 

·        District level processes are DSP, MRS amendment and District Development Contributions Scheme;

·        Precinct level processes are lifting of Urban Deferment, Local Structure Plans, amendments to DPS2 and Local Development Contributions scheme; and

·        Subdivision and development.

 

The subject application does not accord with this process.

 

Notwithstanding the LPP5.3 and draft DSP positions, Section 124(3) of the Planning and Development Act 2005 requires DPS2 to be amended to be consistent with the MRS and this overrides the City’s policy position as a higher order document.

 

In respect to development contributions being made, both Benara Nurseries and Perron Group acknowledge that in keeping with State Planning Policy (SPP) 3.6 – Development Contributions for Infrastructure, it is fair and equitable that such contributions are made. 

 

Under the provisions of sub-clause 3.14.3 of DPS2 no subdivision or development should be commenced or carried out in the Urban Development zone until a structure plan has been prepared and approved by the WAPC. Discussions between Administration, the Department of Planning, Lands and Heritage and the applicant have concluded that, given the fact that the subject lots are already zoned Urban under the MRS and the Act requires the DSP2 to be amended to conform with the MRS, the issue of developer contributions will need to be addressed at the structure planning stage rather than a through a formal developer contribution scheme being prepared for the East Wanneroo Area.

 

It is proposed that in this case the structure plan will need to include provisions requiring payment of developer contributions by the land owners.  At the subdivision approval stage a condition will be imposed by the WAPC requiring payment of the contributions. A condition requiring a contribution will be applied on any subdivision approval given it will be embedded in the structure plan approved by the WAPC.

 

In respect to the possible reservation of Caporn Street as a regional road under the MRS (which may involve road widening), if this were to occur, with some of the reserve affecting the northern edge of the subject lots, then that reserve will automatically also apply to DPS2.

Statutory Compliance

Under Section 124(3) of the Act, the City is required to prepare an amendment to DPS2 to make it consistent with the MRS.

 

Under Clause 34 of the Regulations the amendment is considered to be a ‘Standard’ amendment for the following reason:

 

(c)     an amendment of the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a basic amendment.

 

Strategic Implications

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

 “3     Environment (Built)

3.6    Housing Choice

3.6.1  Facilitate housing diversity to reflect changing community needs

Risk Management Considerations

Risk Title

Risk Rating

ST-G09 Long Term Financial Planning

Low

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

ELT (Director P&S and Director Assets)

Manage

 

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manage

 

The above risks relating to the issue contained within this report have been identified and considered within the City’s Strategic/Corporate risk register. Action plans are in place/have been developed to manage/mitigate this risk.

 

In addition to the above risks, there is a risk relating to obtaining development contributions in the absence of a Developer Contribution Scheme. This risk is mitigated through using the future local structure plan as the key instrument for facilitating developer contributions. The local structure plan provisions will trigger a subdivision condition requiring payment of a contribution in accordance with the local structure plan. Payment will be required before titles can be issued for any new lots.

Policy Implications

As discussed earlier in this report, LPP5.3: East Wanneroo provides that an amendment of this type should not be supported.  However, the policy does not account for the effect of Section 124 (s) of the Act, which obliges the City to prepare this amendment to make DPS2 consistent with the MRS.

Financial Implications

Regulation 48 (2) of the Planning and Development Regulations 2009 provides that no fee can be imposed in respect to a request for a local scheme amendment which is requested to make the local scheme consistent with the MRS.  The costs associated with undertaking this amendment will therefore need to be met by the City through normal operational budget provision.

Voting Requirements

Simple Majority.

 

 

Recommendation

That Council:-

 

1.         Pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 179 to City of Wanneroo District Planning Scheme No. 2 to rezone lots 1, 2, 7, 12, 13, 36, 37 and 38 Caporn Street, Wanneroo from Rural Resource to Urban Development;

 

2.         Pursuant to Regulation 35 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the Regulations’) RESOLVES that Amendment No. 179 to District Planning Scheme No. 2 is a standard amendment for the following reason:

 

It is an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a basic assessment.”

 

3.         Pursuant to Section 81 of the Planning and Development Act 2005, REFERS Amendment No. 179 to District Planning Scheme No. 2 to the Environmental Protection Authority; and

 

4.         Subject to Environmental Protection Authority approval ADVERTISES Amendment No. 179 to District Planning Scheme No. 2 pursuant to Regulation 47 of the Regulations for a period of 42 days.

 

 

Attachments:

1.

Attachment 1 - Amendment 179 to DPS2

20/12668

 

2.

Attachment 2 - Draft EW DSP

20/13544

 

3.

Attachment 3 - Existing and proposed zoning map

20/12658

 

 

 

 


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PS08-02/20       Consideration of Amendment No. 4 to the East Wanneroo Cell 3 Approved Structure Plan No. 5

File Ref:                                              20608-04 – 18/450030

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       8         

 

Issue

To consider submissions received during public advertising of Amendment No. 4 to the East Wanneroo Cell 3 Approved Structure Plan No. 5 (ASP5).

 

Applicant

Catriona Tatum

Owner

Gabriel Morrow

Location

Lot 68 (71) High Road, Wanneroo

Site Area

2.0383 hectares

MRS Zoning

Urban

DPS2 Zoning

Residential

 

Background

On 31 May 2017, the proponent requested the City consider an amendment to ASP5 to recode Lot 68 (71) High Road, Wanneroo (site) from Residential R20 to R40.

Detail

The site

 

The site is bounded by Amos Road to west and north and residential development to the east. A dwelling and shed gaining access from High Road are located on the site. The site is well vegetated. The East Wanneroo Primary School is approximately 150 metres south-west of the subject site. A location plan is provided as Attachment 1.

 

The Proposal

 

The applicant proposes to recode the site from Residential R20 to Residential R40 and justifies the proposal as follows:

 

·        The site is located one kilometre from the Wanneroo Town Centre, 150 metres from the East Wanneroo Primary School and 400 metres from the Wanneroo Secondary College; and

·        The site is serviced by public transport.

 

Attachment 2 is the amendment document including a map showing the existing and proposed density coding of the site.

Consultation

On 10 July 2017, the Manager, Approval Services advised the Mayor and the Elected Members that Administration was undertaking advertising of the amendment.

 

The Amendment was advertised for public comment for a period of 28 days from 18 July to 15 August 2017 by means of an on-site sign, an advertisement in the Wanneroo Times newspaper, the City’s website and letters written to adjoining landowners.

The City received 12 submissions, eleven of which objected to the proposal on the grounds of increased traffic and loss of vegetation. The twelfth submitter, the Department of Education, did not object to the proposal.

 

Administration did not finalise a report to Council immediately following public consultation as the applicant had yet to submit a Bushfire Management Plan (BMP) as the site is identified as a bushfire prone area. A BMP was provided on 19 June 2019.

 

Due to the passage of time since the amendment was advertised on 18 July 2017, the City re-advertised the amendment for a period of 35 days (seven days more than the statutory period of 28 days) from 5 December 2019 to 9 January 2020 by way of writing to those to whom the City had written during the first round of advertising and placing a notice on the City’s website. The City received three submissions including one from the Department of Education. Two submissions objected to the proposal and the Department of Education did not raise any objection to the amendment proposal. Of the two submissions objecting to the proposal one was a joint submission signed by 12 residents.

 

A summary of submissions received during the two rounds of public comment period and Administration’s response to the issues raised in the submissions are included as Attachment 3.

 

The issues raised in the submissions objecting to the proposal are;

 

·        Increase in traffic

·        Loss of vegetation

·        Does not satisfy the objective of LPP3.1 to provide affordable housing.

 

These issues are discussed in detail in the Comment section below.

Comment

Submitters’ Issues

 

Increase in Traffic

 

Concerns have been raised that the proposed amendment will generate a considerable volume of traffic that would affect the normal flow of traffic on Amos Road and High Road. To address the traffic issues the applicant submitted a Traffic Impact Assessment (TIA).

 

The amendment proposal could result in up to 64 dwellings. At a rate of 8 vehicle trips per dwelling per day, the total expected volume of traffic generated would be 512 vehicles per day (vpd) of which 40% (204 vpd) is expected to exit via Amos Road and 60% (308 vpd) via High Road.

 

Amos Road and High Road are 20 metres wide with a 7.2 metre wide carriageway. As per the provisions of the Western Australian Planning Commission’s (WAPC) Liveable Neighbourhoods Policy, these roads have a capacity to carry an indicative traffic volume of 3,000 vpd. The 2018 traffic volumes on Amos Road and High Road were recorded as 419 and 1584 vpd respectively. On the basis of the above information, Administration considers that the additional volume of traffic generated by the potential future development will not impact the normal flow of traffic on these roads.

 

Some submitters have pointed out that if the lots created along High Road were to gain access from High Road it could cause some traffic issues during the school hours. Further consideration on access can be addressed at the subdivision stage. However, it would not be reasonable to restrict access to High Road in this regard.

 

Loss of vegetation

 

The applicant provided a Flora and Fauna Management Plan, which identifies the vegetation conditions as ranging from very good to completely degraded. Approximately 60% of the vegetation is degraded to completely degraded, 35% is in good condition and only about 5% is in very good condition. Attachment 4 is the vegetation condition map.

 

Recoding of the land to R40 is unlikely to result in any further loss of vegetation than would be lost if the land were to be developed at its current R20 coding. A condition requiring the identification and protection of any vegetation worthy of retention that is not impacted by the subdivisional works can be imposed by the WAPC in a future subdivision application.

 

Affordable Housing

 

In one of the submissions it was stated that considering the recent Wanneroo land sales as available on REIWA, a R40 land and 3-bedroom house package could cost $320-380,000, whereas a R20 land and 4-bedroom house package would cost around $425,000. Based on the lot area and the size of the house in both scenarios, the submitter believes that a R40 block is not affordable and therefore the proposal does not satisfy the objective of LPP3.1 to provide affordable housing.

 

One of the objectives of LPP3.1 is to address housing affordability within the City to provide a variety of housing stock. In the discussion paper on Planning Provisions for Affordable Housing released by the former Department of Planning in 2013, affordable housing was referred to individual dwellings that are sold or rented too low to moderate income household at a rate they can afford. The submitter has demonstrated that R40 land and house package is more affordable than R20 land and house package. Therefore the amendment proposal satisfies the objective of LPP3.1.

 

Additional Comments

 

Local Planning Policy 3.1- Local Housing Strategy Implementation (LPP3.1)

 

LPP3.1 provides the framework to guide the planning and development of increased housing density in the housing precincts that are identified in the policy. The policy also guides other infill development areas located outside those housing precincts. The amendment area is located outside of the Wanneroo Housing precinct as shown in Attachment 5. Therefore Section 9 in Part 2 of the policy relevant to Other Infill Development will apply.

 

Subsection 9.1 (b) of LPP3.1 states that where the land concerned is the subject of an approved structure plan under DPS2, the application for amendment of that Structure Plan must include an assessment of how the proposal:

 

i.        Is appropriate within the broader planning framework provided by the Structure Plan;

ii.       Satisfies the criteria in Table 3 of this Policy relating to infill development and increased density; and

iii.      Supports the objectives and recommendations of the Local Housing Strategy.

 

The proposed amendment satisfies these criteria as follows:

 

i.        The ASP 5 area is well established and comprises of predominantly single residential development at the R20 code with pockets of R40 coded land residential land north of Belgrade Road. The proposed R40 lots will not be out of character within the existing structure plan area, particularly given the proximity of the land to a local school (150 metres) and a high frequency bus route (within 200 metres). On this the proposal can be considered appropriate within the broader planning framework set out by ASP 5.

 

ii.       The proposal satisfies Table 3 of the policy as demonstrated below.

 

Table 3 Criteria for other Infill Development and increased Density 

 

No.

Criterion

Policy Application

Comment

1.

Easy access/close proximity to Activity Centres

R40 between 401 and 800 metres from an edge of Activity Centre excluding Local Centres.

The subject land is approximately one kilometre from the edge of the Wanneroo Activity Town Centre. Therefore the proposal does not satisfy this criterion being greater than 800 metres from Wanneroo Activity Centre.

2.

Easy access/close proximity to public transport with priority towards rail nodes and bus interchanges.

R60 within 250 metres of a high frequency bus route designated stops. High frequency bus route is defined as having a minimum of four services per hour during peak periods.

The subject land is located between 200 and 400 metres from a bus route 467 designated stop as shown in Attachment 7.

 

 

In the report to Council to adopt the revised LPP 3.1 it was noted as follows in regard to the above two criteria (ref item PS10-04/16):

 

“The new criteria have been formulated to limit density increases to locations in close proximity to activity centres (with exception of local centres) or areas characterised by good access to public transport.”

 

The proposed amendment is therefore only required to satisfy one of the two criteria.

 

LPP3.1 does not define peak periods of the bus routes and therefore Administration has referred to the WAPC’s State Planning Policy 7.3 – Residential Design Codes (R-Codes) which defines peak periods as 7 to 9 a.m. and 5 to 7 p.m.  Based on these peak periods, there are 11 and 9 bus services respectively on Scott Road.

 

LPP3.1 was based on the City’s Housing Strategy of 2005, which was based on the WAPC’s then draft LN policy version 3 which recommended 20-30 dwelling units per site hectare within 250 metres of main bus route.

 

The current LN policy makes provision for locating bus stops conveniently for the walkable catchment served at an average spacing of 300-400 metres (Element 2 – Requirement 26). The LN policy considers 400 metres as a walkable distance for daily needs. Therefore applying the provisions of the LN policy, the amendment area is considered to be within a walkable distance of 400 metres to the bus stop.

 

Although LPP 3.1 identifies higher density development may be appropriate within 250 metres of a high frequency bus route, regard should also be given to walkable catchment efficiency as outlined in Liveable Neighbourhoods (LN). LN considers that typically, most people will walk up to 400 metres for daily activities and up to 800 metres to a train station or town centre. The amendment area falls predominantly within a 400 metre catchment area of high frequency bus route 467 (designated stop on Scott Road) which demonstrates the land is in close proximity to public transport as required by Criterion 2. 

 


 

iii.      The objectives of LPP3.1 are as follows:

 

1.       To address State government policy to increase housing density within the existing urban footprint of the metropolitan region and meet State Government infill housing targets;

2.       To address housing affordability within the City by providing a variety of housing stock;

3.       To better utilise existing infrastructure and amenities in existing suburbs by providing additional dwellings in close proximity; and

4.       To promote higher density development in appropriate locations.

 

The proposed amendment supports the objectives of LPP3.1 as follows:

 

·        It addresses the WAPC’s State Planning Policy 3 – Urban Growth and Settlement by proposing higher density development in areas accessible to transport and services

·        The proposed R40 density addresses the  housing affordability by providing a variety of housing stock;

·        The proposed amendment would better utilise the existing infrastructure and amenities available in this locality; and

·        As demonstrated in Table 3 above the amendment promotes R40 density in an appropriate location.

 

Bushfire Management Plan (BMP)

 

The applicant submitted a BMP prepared by a qualified consultant. Attachment 8 is the Bushfire Attack Level (BAL) contour map identifying a BAL rating of 12.5 over most of the site except for some of the site fronting High Road rated BAL29.

 

The BMP was referred to the Department of Fire Emergency Services (DFES) for comments. DFES advised that the BMP has adequately identified issues arising from the bushfire risk assessment and supported the BMP.

 

Proposed recoding

 

The amendment area is entirely zoned Residential and is proposed to remain Residential. The proposed recoding map provided by the applicant includes a road connecting High Road and Amos Road. ASP5 proposes a density on both side of a road reserve thus it does not code the road reserve. Accordingly the applicant has proposed to recode the land either side of the road only. Since the road land is zoned in DPS2, it is recommended that the entire amendment area be recoded R40 by deleting the road from the amendment plan. Detailed consideration of lot layout and road access will be considered at the subdivision stage. Administration has discussed this with the applicant who is supportive of this change.

 

Considering the above matters it is recommended that the proposed amendment be supported.

Statutory Compliance

This Structure Plan Amendment has been processed in accordance with the requirements of DPS2 and the deemed Regulations.


 

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.

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

This proposal has been assessed under the provisions of the City’s Local Planning Policy 3.1: Local Housing Strategy Implementation, the WAPC’s State Planning Policy 3 – Urban Growth and Settlement, Liveable Neighbourhoods policy and State Planning Policy 7.3 – Residential Design Codes.

Financial Implications

Under the provisions of DPS2, at the time of either subdivision or development the applicant will be required make a developer contribution.

Voting Requirements

Simple Majority.

 

Recommendation

That Council:-

1.       Pursuant to subclause 20(2)(e) of the deemed provisions of the City of Wanneroo District Planning Scheme No. 2 RECOMMENDS to the Western Australian Planning Commission that the proposed Amendment No. 4 to the East Wanneroo Cell 3 Approved Structure Plan No. 5 as contained in Attachment 2 to the report be approved WITH MODIFICATION to recode the entire amendment area as Residential R40 and to delete the road shown in the amendment plan;

2.      Pursuant to subclause 20(2) of the deemed provisions of the City of Wanneroo District Planning Scheme No. 2 PROVIDES a copy of the report on the proposed amendment to the Western Australian Planning Commission including the schedule of submissions and the City’s response and recommendations; and

3.       ADVISES the submitters of its decision.

 

Attachments:

1.

Attachment 1 - Location Plan

18/451853

 

2.

Attachment 2  - Amendment No. 4 to ASP 5 - 71 High Road, Wanneroo

18/451632

Minuted

3.

Attachment 3 - Schedule of submissions and Administration s response

19/440384

 

4.

Attachment 4 - Vegetation Condition

18/451636

 

5.

Attachment 5 - Wanneroo Housing Precinct

18/451646

 

6.

Attachment 6 - Bus routes

20/5103

 

7.

Attachment 7 - Distance from the bus stop

20/2490

 

8.

Attachment 8 - BAL contour map

19/435996

 

 


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PS09-02/20       Consideration of Amendment No. 2 to Jindee Agreed Structure Plan No. 84

File Ref:                                              5332-C2 – 20/16846

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider adoption of Amendment No. 2 to the Jindee Design Codes which forms part of the Jindee Agreed Structure Plan (ASP 84).

 

Applicant

Roberts Day

Owner

Westminster Estates Pty Ltd

Location

2471 Marmion Avenue, Jindalee

Site Area

124 hectares (approximate)

MRS Zoning

Urban

DPS 2 Zoning

Smart Growth Community

ASP 84 Zoning

T2, T3, T4, T5 and T6 Transects

 

Background

Roberts Day, on behalf of Westminster Estates Pty Ltd, has submitted a proposed amendment to the Jindee ASP for the City’s consideration.

 

ASP 84 consists of three primary components including Part 1 Statutory Provisions, Schedule 1 Jindee Design Codes (JDC) and Part 2 Explanatory Report. This amendment relates specifically to the JDC which forms part of ASP 84.

 

Whilst the JDC forms part of ASP 84, sub-clause 3.25.9 of DPS 2 states that the WAPC is not required to consider, approve or administer the Transect Based Code component of ASP 84, being the JDC. Therefore, an amendment to the JDC is only required to be determined by the City.

 

Currently there is no delegation in place for the CEO to determine amendments to the JDC and therefore the proposal has been referred to Council for its determination. Administration is in the process of proposing changes to the delegations to ensure that reports relating to amendments to the JDC are not required to go to Council for determination in the future.

 

A location plan of the ASP 84 area is provided as Attachment 1.

Detail

The amendment proposes to modify the JDC by removing eight pedestrian access ways which are identified as ‘10C Passages’ under ASP 84.

 

Attachment 2 identifies the 10C Passages proposed to be removed as part of this amendment.

 

Attachment 3 contains the modified plans relevant to the amendment as submitted by the applicant.

Consultation

Clause 1.2 of the Design Approval Process contained within the JDC states that where an amendment to the JDC is minor it may be determined by the City without public advertising.  Clause 1.3 outlines that for an amendment to be considered minor in nature, it shall be demonstrated that it:

 

a)      Is confined to the JDC and does not impact on any other provision of the Part 1 Statutory Provisions of the LSP;

b)      Does not have the potential to adversely impact on an adjoining landholding(s); and

c)      Does not affect the interest(s) of any authority of body providing or likely to provide services within the LSP area.

 

In respect to a) above, Amendment No. 2 is confined to the JDC and does not impact on provisions contained in Part 1 of ASP 84.  In respect to items b) and c) above, the modifications proposed by Amendment No. 2 relate to the removal of 10C Passages within areas where the lots have not yet been created, and therefore will not impact upon adjoining landholdings or affect the interests of any party that is likely to provide services within the ASP 84 area. Therefore, Amendment No. 2 is considered a minor amendment and public consultation is not required.

Comment

Objectives of the JDC Thoroughfare Standards

 

The primary objective of the JDC Thoroughfare Standards states:

 

·        The thoroughfare network shall be highly connected for cyclists and pedestrians. Cyclists will be accommodated with shared paths or within the traffic lanes rather than separately designated on-road cycle lanes.

 

Passages are also defined in the JDC as pedestrian ways between buildings to provide shortcuts through long blocks, provide frontages for buildings with vehicular access by rear alleys and connect rear parking areas with street frontages.

 

Administration considers that the eight 10C Passages subject to the proposed deletion are not required given that the street blocks are short and highly walkable. These passages do not form part of any key linkages to a particular location or amenity. The remaining footpath networks as required under ASP 84 are sufficient in delivering a highly connected and walkable area. As such, Administration is of the view that the deletion of the eight 10C Passages will not compromise the ability for ASP 84 to meet the objectives of the JDC, and therefore, the proposed amendment is supported.

Statutory Compliance

This Amendment has been processed in accordance with the requirements of DPS 2 and ASP 84. Pursuant to Clause 3.25.9 of DPS 2, the WAPC is not required to consider or approve the JDC and therefore Council is required to determine proposed amendments to the JDC.

 

It is recommended that Amendment No. 2 to the JDC be supported without modifications.


 

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

Administration’s assessment of the proposed amendment has been undertaken in accordance with DPS 2 and ASP 84.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to Clause 4.3 of District Planning Scheme No. 2 RESOLVES that Amendment No. 2 to the Jindee Design Codes as outlined in Attachment 3 is SATISFACTORY without modifications;

2.       ACKNOWLEDGES Amendment No. 2 to the Jindee Design Code is a minor amendment and advertising for public comment is not required; and

3.       APPROVES Amendment No. 2 to the Jindee Design Code and REQUESTS the applicant to update the Jindee Design Code accordingly.

 

 

Attachments:

1.

Attachment 1 - Location Plan - Amendment No. 2 to Jindee Agreed Structure Plan No. 84

20/17463

 

2.

Attachment 2 - Proposed removal of 10C Passages - Amendment No. 2 to Jindee Agreed Structure Plan No. 84

20/17263

 

3.

Attachment 3 - Proposed amendment - Amendment No. 2 to Jindee Agreed Structre Plan No. 84

20/17276

Minuted

 

 

 

 


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PS10-02/20       Proposed change of use from Shop to Restricted Premises and associated signage - Lot 70 (964) Wanneroo Road, Wanneroo (DA2019/1223)

File Ref:                                              DA2019/1223 – 19/475361

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider a development application (DA2019/1223) for a change of use from a Shop to a Restricted Premises and the associated signage at Tenancy 1, Lot 70 (964) Wanneroo Road, Wanneroo (subject site).

 

Applicant

Exurban Rural & Regional Planning

Owner

Driveline Holdings Pty Ltd

Location

Tenancy 1, Lot 70 (964) Wanneroo Road, Wanneroo

Site Area

47.9m2

DPS 2 Zoning

Centre

ASP 23 Zoning

Commercial

 

Background

On 15 October 2019, the City received a development application for a proposed change of use from a Shop to a Restricted Premises to operate as Adult Sinsations and the associated signage at the subject site. A location plan is included as Attachment 1.

 

The subject site is located at the south-eastern corner of Wanneroo Road and Dundebar Road and adjoins the Shell Service Station. There are three other tenancies adjoining the subject site within the same building.

Detail

The application as submitted seeks approval for the following:

 

Restricted Premises

 

·        All front glass panels are to be fitted with semi-opaque PVC frosting to obscure any direct views into the premises;

·        No window displays of any sort are proposed;

·        The main entry to be screened internally to prohibit any views in and out of the premises when the front doors are opened; and

·        The operating hours are 9:30 a.m. to 5:30 p.m. seven days a week.

 

Signage

 

Two Wall signs:

 

·        Wall sign 1: 2.0 metres wide and 1.2 metres high facing Wanneroo Road to be fixed to the existing light box used by the previous shop tenant; and

·        Wall sign 2: 2.4 metres wide and 1.1 metres high to be affixed to the building on the southern side facing the Shell Service Station; and

 

Three window signs not exceeding 50% of the glazed area of any one window or exceed 10m2 in aggregate of the total amount of glazing provided for Tenancy 1.

 

Attachment 2 contains the subject site plan and the proposed shopfront and the signage of the Restricted Premises.

 

In the District Planning Scheme No. 2 (DPS2), Restricted Premises is defined as follows:

 

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

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

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

 

The subject site is located within Wanneroo Town Centre. In the Wanneroo Town Centre Approved Structure Plan No.23 (ASP23) the subject site is zoned Commercial wherein the use class Restricted Premises is a discretionary (D) Use, a use not permitted unless the Council grants approval.

 

The applicant has justified the proposal as follows:

 

i)               Adult Sinsations have been in business for approximately seventeen (17) years;

ii)              Adult Sinsations is a very professional company and prides itself in the bright, clean stores it operates in the Perth metropolitan region and the fact it has done so without complaint by surrounding landowners or the relevant local government authorities (i.e. it has a proven track record of good, responsible management of restricted premises);

iii)            All staff are highly trained and very knowledgeable and professional; and

iv)           The company has been an active member of the Eros Association for many years (i.e. Australia's industry association for 'adults-only' retail, wholesale, media and entertainment) and follows their trade guidelines and code of conduct.

 

Adult Sinsations is currently operating at:

 

·        409 Great Eastern Highway in the City of Belmont in the Mixed Use zone;

·        6/1890 Beach Road, Malaga in the City of Swan in the Highway Service Zone; and

·        3/1440 Albany Highway, Cannington in the City of Canning in the Service Commercial zone.

Consultation

Advertising was undertaken for a period of 21 days from 31 October to 22 November 2019 by way of a notice placed in the Wanneroo Times and the City’s website, a sign erected on site and letters to the adjoining and affected owners and occupants. At the conclusion of the comment period 41 submissions were received. 29 submitters objected and 11 supported the proposal. One submission made a comment on the proposal. A summary of submissions and Administration’s responses is included in Attachment 3.

 

The main issues raised in the submissions objecting to the proposal are:

 

1.       Impact on the other adjoining businesses (two submissions);

2.       Locating elsewhere discreetly in Wangara (five submissions); and

3.       Highly visible from schools and Church (13 submissions).

 

Some submitters made general statements objecting to the proposal without raising any issues. Others drew comparison with the tobacconist shop opposite to the subject site. One submitter suggested that the Restricted Premises be located within the vacant tenancy in the shopping centre.

Comment

The issues raised by the submitters are discussed below:

 

Impact on existing businesses

 

Some submitters raised concern regarding the impact of the proposed Restricted Premises on other businesses including the dental practice whose clients include families. AV Dental submitted an objection. However, the other two tenants did not make a submission.

 

In order to keep the Restricted Premises discreet, the applicant has proposed the shopfront as follows:

 

·        Front glass panels fitted with semi-opaque PVC frosting to obscure any direct views into the store;

·        No window displays of any sort; and

·        The main entry to be screened internally to prohibit any views in and out of the premises when the front doors are opened.

 

In this regard it is considered appropriate to note the following matters relating to a similar application at Clarkson, which was considered by Council in 2016.

 

Council, at its Ordinary Meeting of 26 April 2016, considered a development application for a change of use from a Hairdresser to a Restricted Premises at Unit 3 1868 (Lot 782) Marmion Avenue, Clarkson and resolved to refuse the application (Item PS13-04/16):

 

The applicant sought a review of the decision by the State Administrative Tribunal (SAT). Following a mediation hearing the applicant submitted additional information. Council then reconsidered the matter at its meeting on 16 August 2016 and resolved to grant approval (Item CR03-08/16). The modified proposal deleted the window signage, product list on the shop front and removed lingerie based display which addressed Council’s concerns relating to the compatibility of the development within its setting and the impact of the development on the amenity of the locality. This Restricted Premises is operating and, to date, the City has not received any complaints.

 

It is noted that the Restricted Premises at Clarkson is flanked by fast food/take away tenancies on one side and retail and fast food/take away on the other side. It is considered that the proposed Restricted Premises is unlikely to detrimentally affect the adjoining businesses in this location.

 

Visibility of development to nearby Schools and Church

 

Several submitters are concerned that the Restricted Premises will be highly visible from the nearby schools and the Church and will be on the path to the schools. A private school is located at the north-western corner of Servite Terrace and Dundebar Road with the main entrance off Servite Terrace. A primary school is located on the western side of Wanneroo Road behind existing fast food/take away tenancies. The subject site does not front Dundebar Road and is located at the southern end of the building. Therefore it will not be visible from the main roadways into the school precinct.

 

Additional Comments

 

The proposal has been assessed under the provisions of the City’s Local Planning Policy 5.2: Wanneroo Town Centre (LPP5.2) and the Draft Wanneroo Town Centre Activity Centre Plan No. 90 (draft ACP90)

 

LPP5.2 and draft AC90 state that notwithstanding the land use permissibility of the various zones of DPS2, the Restricted Premises is not a preferred use. Being a not preferred land use, however, does not mean it is a Not Permitted (X) use. It should be noted that a discretionary (D) use is a use not permitted unless the Council grants its approval. Therefore the application has been assessed as a discretionary use considering the relevant provisions of Clause 67 of the deemed provisions of DPS2.

 

Clause 67 (m) and (n) relate to the compatibility of development within the setting and the amenity of an area respectively as stated below:

 

“(m)   The compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development.

 

(n)     The amenity of the locality including the following –

                    (i)    environmental impacts of the development;

                    (ii)   the character of the locality;

                    (iii)  social impacts of the development.

 

The following comments are made addressing the above provisions.

 

Clause 67(m) Compatibility of the development

 

In considering the Clarkson application, the applicant submitted information identifying the location of existing Restricted Premises in the Perth Metropolitan Area and their surrounding land uses to demonstrate that the Restricted Premises was compatible with the surrounding land uses. The information indicated that the Restricted Premises may be compatible with some of the existing uses adjoining the site. Administration also contacted other local governments who advised that although they received objections at the time of assessing a development application for a Restricted Premises, no complaints had been received from the operation of those Restricted Premises.

 

As noted above this Restricted Premises is located next to eateries frequented by families. Although there were objections received during the public consultation for the Clarkson development, the City, to date, has not received any complaints on its operation. The proposed Restricted Premises is similarly situated next door to businesses whose customers include families, however, is located away from the main shopping centre. The applicant has advised that the majority of their business is generated through customers visiting the store, and that 10 – 12 customers visit their existing stores each day. They anticipate the proposed development will attract a similar number of customers. Online sales will be processed through the business’ existing premises in Malaga and will not impact the operation of the proposed development. On this basis, it is considered that the proposed Restricted Premises can be compatible with the adjoining land uses.

 

Clause 67(n) Amenity of the Locality

 

One of the matters to be considered under Clause 67(n) is the appearance of the development. One of the objectives of the Commercial zone in draft ACP90 is to activate the street frontage. The applicant, however, does not propose to activate the street frontage but to keep the Restricted Premises discreet by blanking all windows so as to prohibit any views in and out of the premises. Considering the nature of this use it is considered appropriate to not require an open and activated street frontage. Attachment 2 provides window concept perspectives which illustrate how the tenancy frontage will look as viewed from the street.

 

Subclause 8.2.1 of DPS2 states that all land and building shall be used and maintained as to preserve the local amenity.

 

Under DPS2, the purpose of the Commercial Zone is to provide for shopping and commercial areas that provide for a wide range of uses, including retailing, entertainment, professional offices, business services and residential. DPS2, however, does not set out any requirements for a particular mix of uses, or for certain uses to be co-located or alternatively, separated from one another. Similarly, the perceived or actual business impact of a proposed use on the economic viability of other nearby land uses is not a planning consideration under the planning framework. Additionally, DPS2 does not include any locational criteria limiting the exposure or prominence of any land use in any zone.

 

The shopfront being proposed will have the glass panels fitted with semi-opaque PVC frosting to obscure any direct views into the store. There will be no window displays of any sort, and the main entry is to be screened internally to prohibit any views in and out of the premises when the front doors are opened. It is therefore considered that the proposed Restricted Premises will not affect the visual amenity of the area.

 

Development Standards of DPS2

 

As the application is proposing a change of use, the extent of physical works proposed is limited to the internal fitout of the tenancy and the erection of signage. The carrying out of building works which only affect the interior of a building are exempt from planning approval.

 

The proposed Change of Use does not require any additional parking bays as the DPS2 car parking requirements are the same for a Restricted Premises and a Shop.

 

Considering the above matters it is recommended that the proposed change of use from Shop to Restricted Premises at the subject site be approved.

 

Signage

 

The applicant has proposed two wall signs and three window signs which are discussed below with reference to the City’s Signs Local Planning Policy 4.6 (LPP4.6).

 

Wall Signs

 

In accordance with LPP4.6,

 

A Wall sign means a sign that is painted or affixed on the front, side or rear elevation of a building or structure but does not project more than 300mm out from the wall.

 

Wall signs shall:

 

·        be limited to a maximum of one sign per tenancy, per street frontage;

·        not extend laterally beyond either end of the wall or protrude above the top of the wall;

·        not exceed 25% in aggregate area on any one wall to a maximum of 8m2; and

·        be integrated with the building design.

 

The applicant has proposed two wall signs.

 

1.       Wall sign-1 is proposed to be 2.0 metres wide and 1.2 metres high. This sign facing Wanneroo Road will be fixed to the existing box used by the previous business.

 

2.       Wall sign-2 is proposed to be 2.4 metres wide and 1.1 metres high and is proposed to be fixed to the building facing the Shell Service Station. 

 

The total area of the wall signs is 5.04m2.

 

LPP4.6 allows one wall sign per street frontage. While wall sign-1 facing Wanneroo Road satisfies this provision, wall sign-2 does not. The applicant contends that the other businesses in the complex have installed their wall signs facing the Shell Service Station. Records indicate that the other wall signs installed do not have approval and this is now being investigated by Compliance. Following discussions with Administration, the applicant has agreed to delete wall sign-2. It is recommended that wall sign-1 be approved.

 

Window Sign

 

A Window sign means a sign which is fixed either to the interior or exterior of the glazed area of a window, any part of which is visible from outside the building.

 

A Window sign shall not cover more than 50% of the glazed area of any one window or exceed 10m2 in aggregate per tenancy.

 

The proposed window signage includes,

 

·        Product list on the shop front;

·        The sign ‘R’ to indicate that the premises is restricted to those aged 18 years and above; and

·        The hours of operation.

 

Following discussions with Administration the applicant has agreed to remove the product list from the shop front.

 

The other two proposed window signs do not exceed 50% of the window area and therefore they are supported.

 

Considering the above matters, the applicant has submitted the revised drawings included as Attachment 4.

Conclusion

The City has received a proposal for a change of use from Shop to Restricted Premises with associated signage at Tenancy 1 of Lot 70 (964) Wanneroo Road, Wanneroo. Administration considers the discrete nature of the proposed development compatible with surrounding land uses and it will not detrimentally affect the amenity of the locality. The premises will be discreet through the installation of semi-opaque PVC frosting to the windows which will obscure any direct views into the store. There will be no window displays and the main entry will be screened internally to prohibit any views in and out of the premises when the front doors are opened. Administration does not consider there is any basis to refuse the application and therefore recommends it be approved subject to conditions.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2 and the Draft Wanneroo Town Centre Activity Centre Plan No.90.

 

Strategic Implications

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

 “2     Economy

2.1    Local Jobs

2.1.2  Build capacity for businesses to grow

Risk Management Considerations

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

Policy Implications

The City’s Local Planning Policy 5.2: Wanneroo Town Centre and Signs Local Planning Policy 4.6.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to clause 68(2)(a) of the deemed provisions of the City of Wanneroo District Planning Scheme No.2 GRANTS development approval for the proposed Change of Use from Shop to Restricted Premises and the associated signage at Tenancy 1 - Lot 70 (964) Wanneroo Road, Wanneroo as shown on Attachment 4 subject to the following conditions:

a)      This approval only relates to the proposed Restricted Premises and the associated signage. It does not relate to any other development on the lot.

b)      The use of the approved premises shall conform to the District Planning Scheme No. 2 definition of a “Restricted Premises” which states:

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

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

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

c)      Operating hours shall be between 9:30 am. to 5:30 pm. Monday to Sunday.

d)      All signage is to be kept in accordance with the City’s Signs Local Planning Policy 4.6 and/or Signs Local Law (1999).

e)      The applicant/owner shall ensure that all illuminated signage shall have an boxing or casing in which it is enclosed and constructed of incombustible materials, shall not comprise of flashing, pulsating, chasing or running lights and shall not have such intensity as to cause annoyance to the public or illuminate beyond the extent of the lot boundaries.

f)       Deletion of the 2.4 metre x 1.1 metre wall sign proposed on the southern wall of the building as shown in Attachment 2 from the proposal.

2.       ADVISES all submitters of this decision.

 

Attachments:

1.

Attachment 1 - Location Plan

19/515577

 

2.

Attachment 2 - Facade and Floor Plan of Tenancy 1

19/515588

Minuted

3.

Attachment 3 - Schedule of submissions DA2019 1223 (modified)

20/15604

 

4.

Attachment 4 - Final drawings for approval

20/3640

Minuted

 

 

 

 

 

 

 

 

 

 

 

 

 


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PS11-02/20       Consideration of Development Application - Additions to Supermarket and Six Specialty Stores (Two Digital Wall Signs) - 131 Pinjar Road, Ashby

File Ref:                                              DA2019/885 – 19/355299

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a development application (DA2019/885) for two digital wall sign additions to an existing Supermarket and Six Specialty Stores at 131 Pinjar Road, Ashby (subject site).

 

Applicant

Planning Solutions

Owner

Endeavour Properties Pty Ltd

Location

Lot 8 (131) Pinjar Road, Ashby

Site Area

5090m2

DPS 2 Zoning

Urban Development

ASP 77 Zoning

Commercial

 

Background

On 24 July 2019 the City received a development application for the addition of two digital wall signs at the subject site.

 

The subject site is bound by Pinjar Road to the east, a Caltex Petrol Station to the south, the Ashby Bar and Bistro to the north and a vacant site to the west. The vacant site to the west has approval for a number of commercial tenancies, including an auto service centre. The subject site is zoned Urban Development under DPS 2 and Commercial under the Ashby Neighbourhood Centre Agreed Structure Plan No. 77 (ASP 77).

 

A location plan is included as Attachment 1.

 

The subject site was originally approved for use as a Supermarket (Farmer Jack’s) and five commercial tenancies by the Joint Development Assessment Panel (JDAP) on 13 January 2017. The commercial tenancies are designed as small ‘speciality’ shops that can accommodate a range of retail uses and already include a nail salon, hairdresser, café and fish and chip shop. The subject site has also been subject to two minor amendments to the original approval, which included modifications to the façade and increasing the number of specialty tenancies from five to six.

Detail

The development application proposes two digital wall signs. As the signs do not include third party advertising they are considered to be additions to the existing approved commercial development and are not a defined land use under DPS 2. The details of the signs are as follows:

 

·        The signs will be installed on the southern podium feature of the building;

·        Sign 1 will face south towards the Caltex Petrol Station and Hollosy Way and is proposed to be 4.92 metres x 3.32 metres in size. The screen has a proposed surface area of 15.36m2;

·        Sign 2 will face east towards both the car park and Pinjar Road and is proposed to be 6.2 metres x 3.32 metres in size. The screen has a proposed surface area of 19.46m2;

·           The advertising content is proposed to only relate to tenants of the Ashby Neighbourhood Centre. Whilst the Ashby Neighbourhood Centre is made up of five separate lots all advertising content would relate to tenancies within the site and only comprise information such as business names and in-store offers. For this reason Administration does not consider the signage to be third party; and

·        The screens will have a maximum brightness of 6000cd/m2 (cd/m2 represents ‘candela per square metre’ which is the standard unit of measurement for luminance) and a minimum dwell time of 40 seconds.

 

Following preliminary assessment, concerns were raised by Administration relating to traffic safety. As a result a Road Safety Assessment was submitted by the applicant on 15 October 2019 (updated report provided 20 December 2019).

 

A copy of the development plans is included as Attachment 2.

Consultation

Advertising of the proposal was undertaken by the City writing to landowners and occupiers within approximately 200 metres of the subject site and making available the development plans and supporting documentation on the City’s website. Advertising was undertaken for a period of 21 days, commencing on 16 August 2019 and concluding on 5 September 2019. One submission objecting to the proposal was received during the advertising period.

 

The following concerns were raised in the submission:

 

·        The proposed signs are an unnecessary form of advertising; and

·        The audience of the proposed signs are passing motorists which will lead to driver distraction.

 

The application was also referred to DPLH as the subject site abuts Pinjar Road, which is classified as an Other Regional Road under the MRS. DPLH advised they had no objection to the proposal subject to the following:

 

·        The proposed advertisements should not interfere with sight-lines, distract drivers, or have the potential to hinder the interpretation of traffic signals or road signs.

 

The issues raised during the consultation period will be discussed in the ‘Comment’ section below.

 

Comment

 

Local Planning Policy 4.6: Signs

 

Local Planning Policy 4.6 (LPP 4.6) guides the assessment of advertising signage within the City, providing a set of Design Requirements and Objectives for the purpose of assessment. The Design Requirements contain both general development standards and standards specific to the type of signage proposed. When an application proposes to vary the Design Requirements it is assessed against the Objectives of LPP 4.6, whilst also having regard for the extent of the departure. It is noted that the Objectives of LPP 4.6 have been adopted from Part 5.1 of DPS 2 relating to the control of advertisements.

 

LPP 4.6 does not currently make reference to digital or illuminated signage. When the policy was last reviewed digital signage was not an advertising platform that had been introduced to the City or the wider Perth area. Administration is currently undertaking a review of LPP 4.6 which will include consideration on how to appropriately address digital advertising through the policy.

 

Notwithstanding this, the signs are still considered to meet the definition of a ‘Wall Sign’ under LPP 4.6 and have therefore been assessed against the Design Requirements specific to Wall Signs. Upon assessment it was determined that the proposed signs do not comply with the following provisions of LPP 4.6:

 

LPP 4.6 Standard

Administration Comment

Be limited to a maximum of one Wall Sign per tenancy, per street frontage.

The subject site already includes numerous wall signs as shown in the site photos contained within Attachment 3. This includes two Farmer Jack’s signs on the southern podium feature, a 30m2 Farmer Jack’s sign in proximity to Sign 2 (facing Pinjar Road), a Coffee House sign and blank signage panel on the facade of the building, also facing Pinjar Road.

Not exceed 25% in aggregate area on any one wall to a maximum of 8m2.

Sign 1: The wall area is approximately 24m2 and the sign 16.33m2, which is approximately 68% of the total area of the wall.

Sign 2: The wall area is approximately 29m2 and the sign 20.6m2 in area, which is approximately 71% of the total area of the wall.

As such, the signs exceed the Wall Sign provisions with respect to both aggregate and maximum area allowable.

Be integrated with the building design, particularly through the provision of signage panels.

The signs are proposed to be installed on the podium tower which is a prominent feature of the subject site. Digital signage on the façade of the podium is not consistent with the built form outcome envisaged for the building and does not integrate with the approved design.

 

Following identification of the above policy departures the proposal was considered against the Objectives of LPP 4.6. Administration has concluded that the signs do not satisfy a number of the policy objectives, each of which are outlined and discussed below:

 

1.       To ensure that the visual quality and character of particular localities and transport corridors is not eroded.

 

The signs are considered to be inconsistent with the existing built form due not only to the scale but the digital nature of the signs. Illuminated digital signs are significantly more prominent than a typical static sign. The podium tower currently contributes to a good design outcome for the area, providing articulation and architectural feature to the building and making both the subject site and Ashby Neighbourhood Centre easily identifiable from the public realm. Additionally, the surrounding areas of Ashby, Tapping and Sinagra consist primarily of low density residential development which makes large scale digital signage inconsistent with the established character of the locality, particularly at night time due to the luminance of the signs. Installing digital signage on this feature is considered to have a negative visual impact on both the quality and character of the Ashby Neighbourhood Centre and surrounding locality.

 

2.       To achieve advertising signs that are not misleading or dangerous to vehicular or pedestrian traffic.

 

Issues relating to traffic safety are discussed in the ‘Traffic’ section below.

 

3.       To minimise the total area and impact of outdoor advertising commensurate with the realistic needs of commerce for such advertising.

 

As previously discussed, the façade of the building already accommodates a sufficient amount of signage for current and future tenants, which is in addition to a nine metre high pylon sign in proximity to Pinjar Road (see Attachment 3).  Additional advertising signs on the façade of the building is inconsistent with this Objective and instead would create an unnecessary proliferation of advertising. This is heightened by the signs digital nature and ability to change content at regular intervals, which will detract from both the existing signage on the subject site and the overall built form. The proposed signs will excessively prioritise commercial considerations over the visual amenity of the area.

 

4.       To prohibit outdoor advertising which is considered to be superfluous or unnecessary by virtue of their number, colours, height, prominence, visual impact, size, content and relevance to the premises on which they are located.

 

As noted above, Sign 1 is 16.33m2 and Sign 2 is 20.6m2, which accounts for 68% and 71% of the surface area of the respective walls. Whilst this significantly exceeds the maximum size permitted under LPP 4.6, it is also the cumulative impact of size, height and prominence in combination with the distinctive positioning on the podium feature of the building that makes the proposal inconsistent with this Objective. With all these factors considered it is Administration’s view that the proposal will result in an unnecessary and excessive amount of advertising which will detrimentally impact on the character of the surrounding area.

 

5.       To reduce and minimise clutter.

 

The departure from this objective has been addressed under Points 3 and 4 above.

 

In considering the above issues Administration considers that this proposal does not satisfy the Design Requirements or Objectives of LPP 4.6, the Objectives of Part 5.1 of DPS 2 and as a consequence Clause 67 of the Deemed Provisions of DPS 2, specifically clauses (m) and (n) relating to the compatibility of the development within its setting and impacts on the amenity and character of the locality.

 

Traffic

 

The proposed signs will be visible from the surrounding road network which includes the intersection of Pinjar Road/Caporn Street/Hollosy Way. As noted above Pinjar Road is classified as an Other Regional Road under the MRS, with the latest available traffic data indicating that daily vehicle volumes in this location currently exceed 15 000 per day. As the Ashby Neighbourhood Centre and surrounding East Wanneroo area continues to develop vehicle volumes along Pinjar Road are anticipated to increase significantly, as an important linkage between Wanneroo Road and Flynn Drive.

 

Whilst DPLH advised they do not object to the proposal, their submission stated that the signs should not interfere with sight-lines, distract drivers, or have the potential to hinder the interpretation of traffic signals or road signs. To investigate this further the City’s Traffic Services have reviewed the proposal with regard for the surrounding context and Main Roads’ Policy and Application Guidelines for Advertising Signs within and Beyond State Road Reserves (Main Roads’ policy). The Road Safety Assessment (RSA) provided by the applicant also assessed the proposal against the provisions of Main Roads’ policy, which is adopted for the assessment of digital signage as such signs have a heightened potential of creating a traffic safety issue.

 

Notwithstanding the proposed signs meet the setback requirements from Pinjar Road as specified under Main Roads’ policy Administration maintains serious safety concerns due to the proximity of the signs to the intersection of Pinjar Road/Caporn Street/Hollosy Way. This intersection is listed as a ‘blackspot’ location with 22 recorded crashes in the past five years, which was not addressed in the applicants RSA.

 

Administrations concerns relate to the visibility of the signs when approaching and navigating this intersection from numerous directions, all of which have been illustrated for contextual purposes in Attachment 3. Firstly, there is a direct line of site to Sign 1 (facing Hollosy Way) when approaching the roundabout northbound on Pinjar Road, which may result in drivers seeking to view the content whilst approaching the roundabout. The view to this sign is partly obscured by the existing Caltex fuel canopy, which heightens the risk to motorists as they may seek to interpret the obscured content whilst navigating the roundabout. Similarly, motorists approaching the roundabout from Caporn Street will have partial visibility of both signs, also resulting in drivers attempting to view the content whilst navigating the roundabout. Lastly, motorists approaching the roundabout southbound on Pinjar Road will have partial visibility of Sign 2 which is likely to take a drivers attention away from the road at a critical decision making point.

 

Administration is therefore of the view that both signs have the potential to increase driver distraction at a known blackspot intersection. As a consequence the signage fails to satisfy Section 3.1 of Main Roads’ policy relating to general safety as the signs could distract drivers at a critical time and are located in an area already subject to several existing devices, with the cumulative effect of these devices considered potentially hazardous.

 

In summary, introducing an additional distraction to drivers at a blackspot intersection, where instead the emphasis should be on traffic safety, is considered to unnecessarily compromise the safety of motorists and therefore fails to satisfy Main Roads’ policy. Additionally, the proposal is also considered to be inconsistent with Objective 2 of LPP 4.6 and Clause 67 (r) of the Deemed Provisions of DPS 2, which requires the City to have due regard to the suitability of the development when taking into account possible risk to human safety.

 

Conclusion

 

In light of the above, the application for Additions to Supermarket and Six Specialty Stores (Two Digital Wall Signs) at 131 Pinjar Road, Ashby does not satisfy the Design Requirements or Objectives of LPP 4.6 and DPS 2 relating to advertising signs, creating a proliferation of signage on the façade of the development and negatively impacting the overall built form.  Additionally, the signage is considered to present an additional distraction to drivers in proximity to a blackspot intersection, posing an avoidable safety risk to motorists. Administration acknowledges the increasing presence of digital signage throughout Perth as a new advertising platform, however the use of such signage in suburban settings as a tool to generate passing trade is considered inappropriate, and therefore the application should be refused.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s DPS 2 and LPP 4.6.

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

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

Risk Management Considerations

Risk Title

Risk Rating

CO-O23 Safety of Community

Low

Accountability

Action Planning Option

Director Community and Place

Manage

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

Director Planning & Sustainability & Director Assets

Manage

 

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

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Pursuant to Clause 68(2)(c) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2 REFUSES to grant development approval for the proposed Addition of Two Digital Wall Signs to a Supermarket and Six Specialty Stores at 131 Pinjar Road, Ashby submitted by Planning Solutions on behalf of Endeavour Properties Pty Ltd for the following reasons:

 

a)      The proposal does not comply with Objectives 1, 2, 3, 4 and 5 of Local Planning Policy 4.6: Signs, Part 5.1 of DPS 2 Control of Advertisements or Clauses 67 (m), (n) and (r) of the Deemed Provisions of District Planning Scheme No. 2 with regard for the following:

i.       the signs are considered superfluous and unnecessary due to their size, height, prominence and visual impact on the subject site, contributing to visual clutter on the façade of the building and detracting from the appearance of the existing built form;

ii.      the signs are likely to compromise the safety of road users as they may distract drivers at the intersection of Pinjar Road/Caporn Street/Hollosy Way which is identified as a blackspot intersection;

iii.     the proposal is not commensurate with the realistic needs of commercial advertising on the site; and

iv.     the signs will detract from the amenity of the surrounding locality as the size, digital format and visibility of the signage is inconsistent with the predominantly low density residential character of the area.

b)      The proposed signage does not satisfy the general safety criteria of Main Roads’ Policy and Application Guideline for Advertising Signs as it unnecessarily introduces an additional distraction to drivers at a critical decision making time which is potentially hazardous.

2.       Advises submitters of its decision.

 

 

Attachments:

1.

Attachment 1: Location Plan

19/383316

 

2.

Attachment 2: Development Plans

19/383325

 

3.

Attachment 3: Site Photos

19/383414

 

 

 

 

 


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Land Development

PS12-02/20       Draft Amended Local Planning Policy 4.7 - Uniform Fencing

File Ref:                                              4116 – 19/506095

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider Draft Amended Local Planning Policy (LPP) 4.7 – Uniform Fencing.

Background

The Draft Amended LPP 4.7 – Uniform Fencing (included as Attachment 1) provides guidance on uniform fencing and what is required to be provided by developers and landowners where land directly abuts the public domain (e.g. Schools, Public Open Space (POS), Drainage Reserves, Pedestrian Access Ways (PAWs), Railway Reservations, Regional Roads, any other Category of Road with a ‘Neighbourhood Connector A’ or higher road classification, or any other public place). The resident is responsible for the maintenance, repair and replacement of a uniform fence.  The City undertakes graffiti removal and ensures anti-graffiti coating is applied on the side of the uniform fence facing the public domain.

 

A ‘dividing fence’ is a fence that separates the lands of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. An ‘owner’, in relation to land, does not include any trustees or other persons in whom land is vested as a public reserve, public park or for such other public purposes as may be prescribed, or a person who has the care, control and management of a public reserve, public park or land used for such other public purposes as may be prescribed.  Uniform fencing is therefore not considered to be a dividing fence and does not include any associated retaining walls.

 

The requirement for the construction of uniform fencing is triggered through the development and/ or subdivision of land and is imposed as a standard condition of approval. 

 

The City’s Fencing Local Law 2016 makes no reference to ‘Uniform Fencing’; however, reference is made to ‘Estate Fencing’ which relates to an estate entry statement or an estate boundary fence.  The City’s Fencing Local Law 2016 is currently under review and it is proposed to include uniform fencing provisions to strengthen the relationship between the Local Law and this policy.        

Detail

Current Scenario

 

The current LPP (included as Attachment 2) allows for uniform fencing to be constructed of timber, super six (cement sheets painted and capped), brick or masonry, or other approved materials up to a maximum height of 2.1 metres.  Timber or super six was commonly used pre-2000s and was used in many estates in City of Wanneroo’s older suburbs. James Hardie Industries ceased production of super six cement sheeting in March 2019, however, some product may still be held in reserve by certain suppliers.  Timber fencing and super six sheeting has a shorter lifespan compared to brick or masonry materials. There are many examples where such materials were used for uniform fencing and have become dilapidated and visually unappealing due to age, vandalism, lack of ongoing maintenance or replaced with inconsistent materials by the resident.  This detracts from creating a ‘sense of place’ and reduces streetscape amenity. Refer to photographs included at Attachment 3.

 

There is currently no compliance mechanism within the City’s Fencing Local Law 2016 relating to uniform fencing; however, the current LPP states that uniform fencing is to be repaired or replaced with similar materials from which it was originally constructed.

 

Proposed Scenario

 

The amended LPP includes reference to new City of Wanneroo Uniform Fencing Standards (included as Attachment 4) which proposes to restrict uniform fencing to reconstituted stone blocks, masonry, brick materials or other durable materials approved by the City. Refer to photographs in Attachment 3 for supported and unsupported uniform fencing materials.  This new restriction will not apply to uniform fencing approved or constructed prior to the adoption of this policy and will be subject to a grandfather clause.  The City will use historical aerial imaging to determine what uniform fencing material was in place at the time of adoption of this policy.  For example, in instances where super six cement sheeting is being replaced, the City will consider the use of Colorbond® as a suitable alternative replacement material.  Similarly, timber fencing would need to be replaced with timber materials.  The City would also be supportive of property owners choosing to replace super six, timber and Colorbond® uniform fencing with reconstituted stone blocks, masonry, brick materials or other approved durable materials.  Existing residents will be subject to the City’s Fencing Local Law and the amended LPP provisions (Sections 6.2 and 6.3.) which require uniform fences to be repaired or replaced with similar materials from which it was originally constructed.

 

Masonry and brick materials have many benefits for the City and future residents as they provide:

 

·        Better noise attenuation;

·        Longer asset life;

·        Reduced maintenance requirements;

·        Less susceptible to damage and vandalism;

·        Reduced cost to residents;

·        Improved streetscape amenity; and

·        A sense of place.

 

It is proposed to allow Uniform Fencing to have a maximum height of 2.4 metres and is consistent with maximum height specified in Section 4.7.2 of Development Control Policy 2.2 – Residential Subdivision (Western Australian Planning Commission (WAPC), 2017).

 

Where the WAPC has imposed the condition for uniform fencing and landscaping on a subdivision approval, the City shall require the developer to submit a landscaping plan together with the uniform fencing plans.  The landscaping plan will include any details of any financial contribution to the City, or where the developer implements the landscape works, agrees to establish and maintain the landscaping works for a minimum period of two years.  The amended LPP will require complementary landscaping in front of uniform fencing to provide screening, achieve improved streetscape and urban forest outcomes and soften the visual impact.

 

To address the current gaps in uniform fencing compliance (e.g. enforcing repair, maintenance and replacement by the resident) it is proposed to include uniform fencing in the City’s Fencing Local Law 2016, which is currently under review.

 

The proposed changes will have minimal impact on the development industry as most developers use reconstituted stone blocks, masonry or brick for their uniform fencing.  This is evident in the new estates throughout the City’s north-west corridor and across the Perth Metropolitan Area.

 

The Draft Amended LPP 4.7 – Uniform Fencing has been amended to include the following key changes/updates:

 

·        References to new or updated policies and guidelines relating to uniform fencing;

·        Clear policy objectives covering matters such as minimising the need for uniform fencing, enhancing local character and adding to ‘sense of place’;

·        Clear definitions and interpretations;

·        Subdivision design requirements for road reserves, public open space and school sites, pedestrian access ways and drainage reserves;

·        Construction using Colorbond® Steel (or similar), ring-lock/cyclone, super-six/ fibro cement (painted and capped) and twin side post and panel will no longer be approved materials. Uniform fencing shall be constructed of reconstituted limestone blocks, brick, masonry or other durable materials approved by the City;

·        Complementary landscaping requirement;

·        Policy implementation; and

·        Maintenance of uniform fencing.

Consultation

The City undertook initial consultation with the Urban Development Institute of Australia (WA) Infrastructure Committee on the 19th September 2019.  The only comment made by the UDIA committee members was in relation to noise walls and whether consideration was given to State Planning Policy 5.4 Road and Rail Noise. This has been addressed in the new City of Wanneroo Uniform Fencing Standards (included as Attachment 4).  No other concerns or comments were raised.

 

Clause 4(2) of the deemed provisions of the City District Planning Scheme No. 2 (DPS 2) 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 comment to be made.  It is recommended that the Policy be advertised for 42 days in the following manner:

 

1.       An advertisement published in the Wanneroo Times newspaper at the commencement of the advertising period;

2.       Display at the City of Wanneroo’s Civic Centre Building and on the City of Wanneroo’s website; and

3.       Letters to relevant State Government agencies and other relevant stakeholders as determined by Administration.

 

Following public consultation, the final amended LPP 4.7 will be presented to Council for final adoption.

Comment

LPP 4.7 will ensure uniform fencing that abuts the public realm is of a suitable standard and amenity.  The proposed approach to uniform fencing has numerous benefits including better noise attenuation and improved streetscape amenity. The improved asset performance will also reduce costs for residents due to the longer lifespan of the fencing materials proposed for uniform fencing. 

Statutory Compliance

In accordance with Clauses 4 and 5 of the deemed provisions for local planning schemes contained within Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (DPS2 Deemed Provisions), Council can resolve to amend a local planning policy. Draft amendments to a policy, which are not minor, 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 proceed with the policy.

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

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

Risk Management Considerations

Risk Title

Risk Rating

CO-O18 Inherited Assets

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manage

 

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

Policy Implications

Through LPP 4.7, the City is committed to ensuring that land subdividers and developers provide uniform fencing of a suitable standard and amenity.      

Financial Implications

The costs associated with the preparation and advertising of LPP 4.7 can be managed within the Planning & Sustainability Directorate operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to Clauses 4 and 5 of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2, PREPARES the amended Local Planning Policy 4.7: Uniform Fencing, as contained in Attachment 1, and ADVERTISES it for public comment for a period of at least 42 days by way of:

a)      An advertisement published in the Wanneroo Times newspaper at the commencement of the advertising period;

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

c)      Letters to relevant State Government agencies and other relevant stakeholders as determined by Director Planning & Sustainability.

Attachments:

1.

Attachment 1 - Draft Amended Local Planning Policy 4.7 - Uniform Fencing

19/290401

Minuted

2.

Attachment 2 - Local Planning Policy 4.7 - Uniform Fencing - Subdivision

19/290418

 

3.

Attachment 3 - Presentation - Examples of Uniform Fencing and Associated Matters

19/315331

 

4.

Attachment 4 - City of Wanneroo Uniform Fencing Standards

19/322776

 

 

 

 

 

 

 


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PS13-02/20       Draft Amended Local Planning Policy 4.5 - Subdivisional Retaining Walls

File Ref:                                              38655 – 19/506284

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider Draft Amended Local Planning Policy (LPP) 4.5 – Subdivisional Retaining Walls.

Background

The Draft Amended LPP 4.5 – Subdivisional Retaining Walls (included as Attachment 1) provides clear guidance on the appropriateness of different retaining wall heights under various circumstances and subject to certain conditions.  This guidance aims to minimise the extent of retaining walls that are visible from public spaces such as road reserves and public open space and promotes the retention of soil within the proposed lots and along rear and side boundaries, where the retaining walls will ultimately be screened by the future construction of a dwelling.  LPP 4.5 currently proposes ‘acceptable’ heights up to 1.5-meters for all retaining walls abutting public spaces and abutting land in different ownership and up to 3.0-meters along rear and side boundaries within the same subdivision area.  A list of ‘Performance Criteria’ currently addresses those issues relevant to subdivisional retaining walls that exceed the ‘acceptable’ heights.

 

The LPP has been effectively applied to subdivisions within the City and no substantial amendments are proposed.

Detail

Current Scenario

 

The current LPP (included as Attachment 2) is effective and provides clear guidance on the appropriateness of different retaining wall heights under various circumstances and subject to certain conditions.  The current policy does not consider what materials are acceptable for retaining wall construction or road orientation to minimise retaining wall visibility from the public realm.  This detracts from creating a ‘sense of place’ and reduces streetscape amenity.  Refer to photographs included at Attachment 3, which identifies supported and unsupported retaining wall materials and road orientation.

 

Proposed Scenario

 

The Draft Amended LPP proposes to restrict retaining wall construction materials to concrete, brick or stone or other durable materials approved by the City.  Twin-side (panel and post) will be restricted to areas where tree and vegetation retention can be better achieved through minimised soil disturbance and lateral clearance, however it’s use is generally not supported due to weed growth and possible migration of sand and water though twin side panels. Timber, metal and cement sheeting are not supported for structural and durability reasons.  Besser block may be supported where it is hidden from view behind the built form (e.g. as applied in the split level lots of The Amble Estate, Girrawheen).  Besser blocks will not be supported where they are visible from the public realm or adjacent properties. Refer to photographs included at Attachment 3, which identifies supported and unsupported retaining wall materials.

 

The proposed changes will have minimal impact on the development industry as most developers use reconstituted stone blocks for their subdivisional retaining walls.  This is evident in the new estates throughout the City’s north-west corridor and across the Perth Metropolitan Area. 

 

The Draft Amended LPP 4.5 – Subdivisional Retaining Walls has been amended to include the following key change/updates:

 

·        References to new or updated policies and guidelines relating to subdivisional retaining walls;

·        Clear policy objectives covering matters such as minimising the need for subdivisional retaining walls, enhancing local character and adding to ‘sense of place’;

·        Clear definitions and interpretations;

·        Subdivisional retaining walls are to be constructed using concrete, brick or stone or other durable materials approved by the City.  Twin-side (panel and post) will be supported where tree and vegetation retention can be better achieved through minimised soil disturbance and lateral clearance.  Timber, metal and cement sheeting are not acceptable materials. Besser blocks will not be supported where they are visible from the public realm or adjacent properties.

·        Complementary landscaping requirement;

·        Policy implementation; and

·        Maintenance of subdivisional retaining walls.

 

This Draft Policy will not be changing the Council endorsed maximum wall heights due to their acceptance by the land development industry and appropriateness of the visual amenity outcomes achieved in new subdivisions.

Consultation

The City undertook initial consultation with the Urban Development Institute of Australia (WA) Infrastructure Committee on the 19 September 2019.  Comments were raised in relation to twin-side (panel and post) and how it may be beneficial where lateral clearance and minimised soil disturbance is required for tree or vegetation retention.  The implications of road orientation to restrict retaining wall visibility from the road reserve was also raised by the committee as this can lead to residential lots having finished levels below the road surface.  This can have implications for servicing (e.g. sewerage and drainage).  The issue of split level lots was also raised by the Infrastructure Committee due to concerns relating to marketability and building challenges.  No other concerns or comments were raised.

 

Clause 4(2) of the deemed provisions of the City of Wanneroo District Planning Scheme No. 2 (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 comment to be made. It is recommended that the Policy be advertised for 42 days in the following manner:

 

1.       An advertisement published in the Wanneroo Times newspaper at the commencement of the advertising period;

2.       Display at the City of Wanneroo’s Civic Centre Building and on the City of Wanneroo’s website; and

3.       Letters to relevant State Government agencies and other relevant stakeholders as determined by Administration.

 

Following public consultation, the final amended LPP 4.5 will be presented to Council for final adoption.

Comment

LPP 4.5 will ensure subdivisional retaining walls are of a suitable standard and amenity.  The proposed approach to subdivisional retaining walls has numerous benefits including minimised height and improved streetscape amenity. The improved asset performance will also reduce costs for residents due to the longer lifespan of the materials proposed for subdivisional retaining walls.

Statutory Compliance

In accordance with Clauses 4 and 5 of the deemed provisions for local planning schemes contained within Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (DPS2 Deemed Provisions), Council can resolve to amend a local planning policy. Draft amendments to a policy, which are not minor, 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 proceed with the policy..

Strategic Implications

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

 “3     Environment (Built)

3.4    Activated Places

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

Risk Management Considerations

Risk Title

Risk Rating

CO-O18 Inherited Assets

High

Accountability

Action Planning Option

Director Planning & Sustainability

manage

 

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

Policy Implications

Through LPP 4.5, the City is committed to ensuring that land subdividers and developers provide subdivisional retaining walls of a suitable standard and amenity.      

Financial Implications

The costs associated with the preparation and advertising of LPP 4.5 can be managed within the Planning & Sustainability Directorate operational budget.

Voting Requirements

Simple Majority


 

Recommendation

That Council:-

1.       Pursuant to Clauses 4 and 5 of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2, PREPARES the amended Local Planning Policy 4.5: Subdivisional Retaining Walls, as contained in Attachment 1, and ADVERTISES it for public comment for a period of at least 42 days by way of:

a)      An advertisement published in the Wanneroo Times newspaper at the commencement of the advertising period;

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

c)      Letters to relevant State Government agencies and other relevant stakeholders as determined by Administration.

 

 

Attachments:

1.

Attachment 1 - Draft Amended Local Planning Policy 4.5 - Subdivisional Retaining Walls

19/337602

Minuted

2.

Attachment 2 - Local Planning Policy 4.5 - Subdivisional Retaining Walls

19/337606

 

3.

Attachment 3 - Presentation - Examples of Subdivisional Retaining Walls and Associated Matters

19/337614

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                            221

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                         247

 

Assets

Infrastructure Capital Works

AS01-02/20       Tender No 19275 - Hartman Drive Duplication between Hepburn Avenue and Gnangara Road

File Ref:                                              34175 – 19/501507

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider Tender No. 19275 for the construction of Hartman Drive Duplication from Hepburn Avenue to Gnangara Road.

Background

As part of the City’s ongoing commitment to upgrade its major road network, the construction of a second carriageway on Hartman Drive from Hepburn Avenue to Gnangara Road was considered by Council at its meeting on 12 November 2019, Item No AS02-11/19 refers, and approved the inclusion of grant funding for this project for the purpose of undertaking construction in the City’s 2019/2020 Capital Works Budget under PR-3018.

 

The existing section of Hartman Drive between Hepburn Avenue and Gnangara Road is approximately 2km in length. This section is a single carriageway road with a single 3.5m traffic lane and 1.5m cycle lane in each direction as well as a 2.5m shared path on the eastern side of Hartman Drive.

 

The scope of the project includes the provision of pedestrian and cycle infrastructure to the City’s standards, upgrading of drainage and street lighting in accordance with Australian Standard AS 1158 and landscaping reinstatements.

 

Completion of the proposed works in the section of Hartman Drive between Hepburn Avenue and Gnangara Road will result in:

 

·        Two 3.5m traffic lanes in each direction;

·        2.5m shared paths on both sides of the road;

·        A raised central median for the entire length of this section of Hartman Drive, except for turning traffic where Hartman Drive connects with side roads and minor accesses; and

·        Left and right turn lanes into the side roads and central median refuge space at all existing ‘T’ intersections.

Detail

Tender No. 19275 for the Construction of Hartman Drive Duplication was advertised on Saturday 7 December 2019, and closed at 3pm on Tuesday 16 January 2020. A public information session for the community was held at Kingsway Sporting Complex on the 27 November 2019 along with a non-mandatory briefing tenderers held at the City of Wanneroo on 18 December 2019.


 

Essential details of the proposed contract are as follows:

 

Contract Form

Major Works

Contract Type

Fixed lump Sum Price

Contract Duration

30 Weeks

Commencement Date (Subject to Tender Award)

Late February 2020

Date of Practical Completion

August 2020

Defects Liability Period

12 months

Extension Permitted

N/A

Rise and Fall

No

Tender submissions were received from the following companies:

 

·        Tracc Civil Pty Ltd (“Tracc Civil”)

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

·        Remote Civils Australia (“RCA”)

Tender Evaluation Panel

The Panel comprised of:

 

·        Project Manager Infrastructure Projects

·        A/Coordinator Safety Systems

·        Project Manager Infrastructure Capital Works

·        Maintenance Engineer

·        Project Officer Infrastructure Capital Works

Probity Oversight

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

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

 

Criteria

Weighting

1

Environmental Considerations (mandatory weighting)

5%

2

Buy Local (mandatory weighting)

5%

3

Experience – Organisational/Key Personnel

20%

4

Project Management Methodology

30%

5

Organisational Capacity and Resources

20%

6

Safety and Quality Management

20%

 

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

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


 

Pricing for the works offered

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

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

RCA

3

Evaluation Criteria 1 – Environmental Considerations (5%)

The City is committed to procuring goods and services that have the most positive environmental, social and economic impacts over the entire life cycle of a product or service. Tenderers are encouraged to provide the credentials of any environmental claims of the goods and/or services being submitted in this Tender.

Based on Schedule 3A as submitted, tenderers were ranked as below:

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

RCA

3

Evaluation Criteria 2 – Buy Local (5%)

Buy local commitment to the City of Wanneroo

The City encourages the development of competitive local businesses within the geographical boundaries of the City first and secondly within the broader region. This commitment includes, but is not limited to:

 

·        Purchasing locally made and sourced goods / services;

·        Inviting local businesses to participate in quotation, tender and expressions of interest opportunities;

·        Providing an advantage to businesses based within the City’s boundaries;

·        Providing an advantage to businesses which can demonstrate economic benefit to the City’s community such as employing local residents/sub-contractors and/or purchasing goods/services from local providers.

Based on Schedule 3B as submitted, tenderers were ranked as below:

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

RCA

2

Evaluation Criteria 3 – Experience – Organisational/Key Personnel (30%)

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

 


 

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

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

RCA

3

Evaluation Criteria 4 - Tenderer’s Project Management Methodology (30%)

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

 

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

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

RCA

3

Evaluation Criteria 5 - Capacity and Resources (20%)

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

 

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

 

Tenderer

Ranking

RJ Vincent

1

Tracc Civil

2

RCA

3

Evaluation Criteria 6 - Safety and Quality Management (20%)

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

 

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

 

Tenderer

Ranking

RJ Vincent

1

RCA

2

Tracc Civil

3

Tendered Price Assessment and Ranking

Refer to Confidential Attachment 1 for tenderers details and lump sum prices.

Overall Qualitative Weighted Assessment and Ranking

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

 

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

·        The baseline for qualitative criteria was set at 60%

 

The overall qualitative weighted assessment resulted in the following ranking:

 

Tenderer

Ranking

RJ Vincent

1

TRACC Civil

2

RCA

3

Value for Money Assessment

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

 

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

 

·        Ranked high in all assessments;

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

·        A reputable and large organisation with substantial backing;

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

·        Examples of projects undertaken by RJ Vincent include construction of major urban and rural roads including intersections, as well as subdivision developments;

·        RJ Vincent tender price is competitively priced and represents value for money; and

·        Previous work undertaken relating to timelines of completion of projects, project management, quality of work and overall delivery of projects is considered positive.

Consultation

In accordance with Section 3.51 of the LG Act, relating to the level and alignment changes, property owners/occupiers located within the area deemed to be impacted by the proposed works were notified during November/December 2019, and submissions requested on the proposed alteration to Hartman Drive. No submissions were received.

At the public information session was held on 27 November 2019, the feedback was positive and where possible, addressed in the scope of works. It was advised that an arborist will be engaged to assess all trees that lie within the construction area with a view to retain as many as possible.

Businesses adjacent to Hartman Drive were also engaged to discuss the design and the construction staging.

A detailed communication plan will be implemented covering project signage, an ongoing commitment to provide regular progress reports on key project milestones or events; posting of information on City’s webpage and media channels in addition liaising with the residents groups to inform them of the construction programme. 

Comment

The tender submission from RJ Vincent achieved the highest overall ranked score in accordance with the assessment criteria and weightings as detailed in the Procurement and Tender Evaluation Plan. It is therefore recommended to accept the submission from RJ Vincent for Tender No. 19275 for the Construction of Hartman Drive Duplication from Hepburn Avenue to Gnangara Road.

Statutory Compliance

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

Strategic Implications

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

 “3     Environment (Built)

3.5    Connected and Accessible City

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

Risk Management Considerations

The City’s defined risk appetite for this objective states that connectedness is key to building strong communities and the City acknowledges that development and improvement of local transport infrastructure and improved accessibility initiatives requires appropriate planning, due diligence, consultation, funding and focusing on communication and consultation to achieve desired outcomes. Therefore, the City will accept moderate reputational risk when undertaking improvements to enhance accessibility for the community.

Risk Title

Risk Rating

ST-S04 Integrated Infrastructure & Utility Planning

Moderate

Accountability

Action Planning Option

Director Planning & Sustainability and Director Assets

Manage

 

Risk Title

Risk Rating

ST-S24 Strategic Asset Management

Moderate

Accountability

Action Planning Option

Director Assets

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Low

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

Risk Title

Risk Rating

CO-017 Financial Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

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

Information pertaining to this tender is contained within this report together with the City’s defined Risk appetite against the relevant strategic objective for Council’s consideration

Financial and Performance Risk

Financial Risk

An advanced financial risk assessment report was done based on the June 2019 financials by Corporate Scorecard Pty Ltd advised that RJ Vincent has been assessed with an acceptable financial capacity to meet the requirements of the contract. No additional risk mitigation actions are required outside of the need for a contractor to provide as per the tender documents.

As per tender requirements, RJ Vincent is required to provide two bank guarantees/retention with a combined total of 5% of the contract value, for practical completion, defects and liability period, within 14 days after acceptance of tender or five days prior to possession of site, whichever is the latest.

Performance Risk

RJ Vincent has successfully completed a number of major road duplications for the City of Wanneroo - Connolly Drive, Neerabup Road, Mirrabooka Avenue, Lenore Road and Marmion Avenue. RJ Vincent constructed the 1.2km section of Marmion Avenue adjacent to Alkimos Vista which was completed in April 2019, completed the Pinjar Road duplication in late 2019 and is currently undertaking the Marmion Avenue duplication (Camborne Parkway to Yanchep Beach Road). RJ Vincent has recently commenced the Connolly Drive Duplication in Butler.

 

RJ Vincent has demonstrated an appreciation of the City’s requirements in all of the above projects.

 

RJ Vincent does not foresee any upcoming works impacting the delivery of its current projects, as such RJ Vincent shall work to ensure that resources in the area provide contingency for unforeseen breakdowns or any shortfalls in emergency supervision or management services.

 

Independent reference checks from prior projects have also indicated that the recommended tenderer has provided good service and delivery to its customers, including the projects mentioned above for the City.

Operational Risk

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

 

Prior to the commencement of 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

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

 

RJV informed that it will be implementing an Access and Inclusion Plan (AIP) to maintain pedestrian access at all times, ensuring that the deviations from the current paths are wheelchair, mobility scooter, and vision impairment friendly. When works require the use of active traffic management, the traffic controllers will be in place to assist members of the community when crossing roads and locations within the vicinity of the works area.

Broader Economic Impact Implications for the City of Wanneroo

RJ Vincent has advised that:

“RJ Vincent employs locally based sub-contractors and purchases locally based materials. RJ Vincent is committed to backing local business and maximising opportunities to create jobs and stimulate the economy to deliver growth. The Buy Local Policy they initiated supports Western Australia metropolitan and regional business through a number of measures to enhance supply opportunities.

The personnel base has been developed through the continued growth of RJV as a business over the last 15 years’ worth of project growth in the north-west metro corridor and has enabled RJV to provide job stability and support to these personnel that their long-term employment in work regions close to their family and communities is secure.

With current contracts at:

·        Eden Beach and Brighton, Butler

·        Shorehaven Estate, Alkimos

·        East of the Beach, Eglinton

·        Amberton Estate, Alkimos

·        Jindowie Estate, Yanchep

·        Yanchep Golf Course Estate, Yanchep

·        Marmion Avenue Duplication, Alkimos Vista

 

RJ Vincent ensures that projects in the Wanneroo area are a focus of RJ Vincent’s business plan and sees the benefit of this focus repaid in the loyalty and commitment of the workforce in these communities. RJ Vincent also enjoys the benefit of extensive support from local businesses that operate out of the City of Wanneroo, from road material suppliers, to fencers, local hardware stores, fuel distributors and even local cafes. As part of RJ Vincent’s ongoing growth as a company RJ Vincent has also recently acquired Reilly Contractors and incorporates them as part of the RJ Vincent Group. With a large contingent of personnel living and working in Wanneroo, the Reilly Contractors division increases RJ Vincent’s importance as a key industry employer in the north-west coastal corridor.”

Policy Implications

Tenders were invited in accordance with the requirements of the City’s Purchasing Policy as applicable at the time of advertising the tenders.


 

Financial Implications

The table below summarises the available funding for the project, current expenditures, the recommended tender price by RJV for the construction of Hartman Drive Duplication and associated expenses:

PR-3018 Hartman Drive Duplication (Hepburn Avenue to Gnangara Road)

Description

Expenditure

Budget

Budget:

 

 

Proposed Capital Works Budget for 2018/19 (PR-3018)

 

$200,000.00

Proposed Capital Works Budget for 2019/20 (PR-3018)

 

$2,400,000.00

Proposed Capital Works Budget for 2020/21 (PR-3018) listed

 

$2,100,000.00

          Total

 

$4,700,000.00

Expenditure

 

 

Expenditure incurred in 2018/19

$169,135.49

 

Expenditure incurred in 2019/20

$49,148.59

 

Commitments

$28,880.00

 

 

 

 

Tender Offer -  based on RJ Vincent offer

$3,358,988.73

 

Western Power Charges (estimated – subject to a formal quote)

$600,000.00

 

Project Management and Administration Fees

$50,000.00

 

Landscaping Reinstatements

$150,000.00

 

Water and Telecommunications

$74,712.19

 

Contingency

$219,135.00

 

          Total Expenditure

$4,700,000.00

 

 

The MRRG grant funding allocation of $3,000,000 has been approved for the duplication of Hartman Drive, with $950,000 to be funded from East Wanneroo Cell 6 DCP and the remaining $750,000 by Municipal funds. Sufficient funds are available within the project budget to fully undertake these construction works. A further project financial review will be undertaken when the works are substantially advanced, and any identified budget adjustments will be listed for Council’s consideration as part of the 2020/2021 budget review.

 

A minor funding source amendment to recognise the DCP funding will be necessary to accurately reflect the funding sources to match the projected expenditure items during 2019/2020, and will be reported to Council for consideration/approval as part of the Monthly Financial Activity Statement report in the coming months.

Voting Requirements

Simple Majority


 

Recommendation

That Council:-

1.       That Council ACCEPTS Tender No 19275 submitted by Ralmana Pty Ltd t/as RJ Vincent, for the Construction of Hartman Drive Duplication from Hepburn Avenue to Gnangara Road, Kingsway for the fixed lump sum price of $3,358,988.73 in accordance with the terms and conditions specified in the tender document; and

2.       LISTS $2,100,000 funding in the Draft 2020/2021 Capital Works Program to enable the completion of Hartman Drive Duplication works.

 

 

Attachments:

1.

Confidential Attachment 1 - Report Attachment Tender 19275

Confidential

 

2.

Attachment 2 - Hartman Drive Duplication from Hepburn Avenue to Gnangara Road - Location Map

20/33936

 

 

 

 

 

 

 


Attachment 1 - Report Attachment Tender 19275

Tender No 19275 - Hartman Drive Duplication between Hepburn Avenue and Gnangara Road

 

 

 

 

 

 

 

 

 

This attachment is confidential and distributed under a separate cover to all Elected Members.

 

 

 

 

 

 

 

 

 

 

Administration Use Only:

Attachment 1 – HPE# 20/25761


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                            248

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                         251

 

Assets Maintenance

AS02-02/20       Quinns Beach Long Term Coastal Protection Community Reference Group Terms of Reference Amendments

File Ref:                                              14888 – 20/19990

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider the amendments to the City’s Quinns Beach Long Term Coastal Protection Community Reference Group’s Terms of Reference.

Background

The Quinns Beach Long Term Coastal Protection Community Reference Group was established by Council at its Ordinary Meeting in March 2014, Item No. IN08-03/14 refers. The Group meets quarterly or at major project milestones and has been critical in gaining community views and support throughout the development and construction of the Quinns Beach Long Term Coastal Management measures which were implemented over three stages from 2017/18 to 2019/20. The City intends to continue the Group until 2020/21 to enable ongoing community consultation throughout the next phase of the Quinns Beach Coastal Management project which will involve major maintenance of the southern groyne adjacent to Fred Stubbs Park.

 

As part of the City’s annual Policy and Procedure reviews, Administration identified inconsistencies in the City’s Committee and Advisory/Working Group Terms of Reference (ToR) template, which required updating. The template was updated and standardised by Administration to be accurate and better reflect current practices requiring an update of the ToR.

 

As a result of this, the ToR for the Quinns Beach Long Term Coastal Protection Community Reference Group has been amended for Councils consideration.

Detail

The following changes have been made to the Quinns Beach Long Term Coastal Protection Community Reference Group’s ToR for Council’s consideration:

 

·        Standardised template; and

·        Name change from ‘Community Reference Group’ to ‘Advisory Group’ to better reflect the Group’s definition and functions.

 

Refer to Attachment 1 and Attachment 2 for the current and proposed amended Terms of Reference.

 

The amendments do not change the role, purpose or membership of the Group and will not impact on how the Group functions for the remainder of its existence.

 

The amended ToR were discussed and agreed at the Quinns Beach Long Term Coastal Protection Community Reference Group Meeting on 16 September 2019.

 

Consultation

The City is committed to ongoing consultation with the Quinns Rocks Community on all coastal matters, specifically implementation of coastal protection measures relating to the Quinns Beach Long Term Coastal Management Project.

 

The continuation of the Quinns Beach Long Term Coastal Protection Community Reference Group will assist with community consultation during the remaining construction phases of the project by providing a conduit to disseminate information to and obtain feedback from the wider community.

 

With regards to the ToR amendments, relevant stakeholders have been consulted to identify the amendments required to conform to the City’s standardised ToR template.

Comment

It is recommended that Council approves the administrative changes to the ToR of the Quinns Beach Long Term Coastal Protection Community Reference Group.

Statutory Compliance

Nil

Strategic Implications

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

 “4     Civic Leadership

4.1    Working with Others

4.1.2  Engage, include and involve community

Risk Management Considerations

Risk Title

Risk Rating

ST-S06 Climate Change

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

Risk Title

Risk Rating

ST-23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

CEO

Manage

 

Risk Title

Risk Rating

CO-022 Environmental Management

High

Accountability

Action Planning Option

Director Planning and Sustainability

Manage

 

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

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Absolute Majority

 

Recommendation

That Council APPROVES by ABSOLUTE MAJORITY the amended Quinns Beach Long Term Coastal Protection Community Advisory Group Terms of Reference as per Attachment 3.

 

 

Attachments:

1.

Attachment 1 - Quinns Beach Coastal Protection Community Reference Group - Terms of Reference - Nov 2017

17/377234

 

2.

Attachment 2 - Quinns Beach Coastal Protection Advisory Group - Amended Terms of Reference - Oct 2019 - Including Administration Comments

20/33613

 

3.

Attachment 3 - Quinns Beach Coastal Protection Advisory Group - Amended Terms of Reference - Oct 2019

19/301263

Minuted

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                 253

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TERMS OF REFERENCE

 

Quinns Beach Long Term Coastal Protection – Community Reference Group

 

November 2017

 

Name:

Quinns Beach Long Term Coastal Protection – Community Reference Group

Role/Purpose:

To have input into the development and implementation of long term coastal protection measures for the Quinns Rocks coastline.

Aims & Functions:

·   To receive information at the key stages of the Quinns Beach Long Term Coastal Management Project.

·   To provide input in to the development and implementation of long term coastal protection measures for the Quinns Rocks coastline.

·   To present community views to the Group.

 

Membership:

2.1     The Group shall consist of the following representation:

·   The Mayor

·   North Coast Ward Elected Members or their delegates;

·   Director Assets;

·   Manager Assets Maintenance;

·   Project Manager – Coastal Projects;

·   Representative from the Department of Transport;

·   A maximum of six representatives from the community/community groups.

2.2    The community representatives shall be:

·   the residents or property owners within proximity from the Quinns Beach car park off Ocean Drive;

·   able to demonstrate an understanding of this significant project and willing to contribute;

·   able to demonstrate their community network through local community organisations.

 

2.3    Membership shall be for a period of up to two years terminating on the day of the Ordinary Council elections, with retiring members eligible to apply.

2.4    Group membership shall be appointed or removed by the Director Assets.

2.5     Members must comply with the City’s Code of Conduct.

2.6     The Group has authority to second individuals from outside of the         group, on a voluntary basis, for their expert advice.

 

Operating procedures:

3.1     Chairperson:

a)      The members of a Group are to elect a Chairperson and deputy Chairperson from amongst themselves at the first meeting of the Group and in accordance with the Local Government Act 1995, Schedule 2.3, Division 1. (For transparency and accountability it is recommended that Council officers not be appointed to the position of Chairperson and deputy Chairperson.)

b)      The CEO or delegated nominee will attend the first meeting to conduct the election of the Chairperson or at a subsequent meeting if a new Chairperson is to be elected.

c)      The Chairperson will preside at all meetings.

d)      In the absence of the Chairperson, the Deputy Chairperson will assume the chair, and in his absence, a person is to be elected by the Group members present to assume the Chair.

e)      The Chairperson is responsible for the proper conduct of the Group.

 

3.2     Meetings:

a)      The Group shall meet on a quarterly basis as a minimum.

b)      All meeting dates are to be provided in Councillors Clipboard and in the City of Wanneroo diary.

c)      A Notice of Meetings including an agenda will be circulated to the Group members (including deputy delegates) at least 72 hours prior to each meeting where possible. 

d)      The Chairperson shall ensure that detailed minutes of all meetings are kept and shall, not later than five business days after each meeting, provide the Group members (including delegates) with a copy of such minutes.  The minutes are to be available for public inspection.

e)      Copies of all minutes are to be forwarded electronically, through HPE Record Management System, the City’s electronic record keeping system, to Governance for filing in the elected members’ reading room.

f)       All agenda and minute documentation to be generated through Council’s Infocouncil software reporting system.

g)      The Group outcome or recommendation will have effect if it is supported by general consensus of the meeting or through vote made by the simple majority. A Simple majority is the agreement of not less than half of the votes present at the meeting.

h)      In the event that a vote is taken, all endorsed members (or delegates attending in lieu of the endorsed Elected Members) of the Group will have one vote. The Chairperson will have the casting vote and simple majority will prevail.

3.3     Quorum:

The quorum for a meeting shall be at least 50% of the number of endorsed members.

3.4     Administration:

3.4.1  Administration Support

Administration support for the group will be provided by the City of Wanneroo.  That support person will be the Director Assets’ Personal Assistant or her delegate as appointed from time to time.

3.4.2  Items for Discussion:

A Group member may request for an item for consideration at a meeting which is relevant to the purpose of the group. Such requests shall be made in writing to the Director Assets 7 days prior to the compilation of the Agenda for that meeting. 

Delegated Authority:

4.1     The Group has no delegated power and has no authority to implement any agreed actions other than the dissemination of information to the Community.

4.2     The Group has no delegated authority to commit Council to the expenditure of monies.

4.3     Matters requiring Council consideration will be subject to separate specific reports to Council.

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                                            256

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                                 259

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TERMS OF REFERENCE

 

Quinns Beach Long Term Coastal Protection – Advisory Group

 

October 2019

 

Name:

Quinns Beach Long Term Coastal Protection – Advisory Group

 

Role/Purpose:

To have input into the development and implementation of long term coastal protection measures for the Quinns Rocks coastline.

 

Definition:

Advisory Group: The role of an Advisory Group is to act in an Advisory capacity, providing the City’s Administration and the Council with its views and/or proposals relevant to the objectives for which the group was established.

It is put together to get opinions and make Recommendations and/ or provide key information and materials to the Council, usually of a strategic nature.  It may be ongoing (standing) or ad hoc (one-time) in nature. In operation, the Advisory Group cannot direct City Employees, expend monies, direct Volunteers or do anything, which is the responsibility of the City.

 

Aims & Functions:

The Advisory Group needs to understand the scope and limitations of the task and responsibilities delegated to it.  It needs to know definitely what is expected of it and appreciate its aims and function in relation to the body’s whole operation.

 

Responsibilities need to be defined as to both scope and limitations and needs to state what the specific requirement of the Advisory Group is, e.g. to make a Recommendation; or to come to a decision and then initiate an action; or some other specific objective.

 

1.1    To receive information at the key stages of the Quinns Beach Long Term Coastal Management Project.

1.2    To provide input in to the development and implementation of long term coastal protection measures for the Quinns Rocks coastline.

1.3    To present community views to the Group.

 

Membership:

2.1     The Advisory Group shall consist of the following representation:

The Mayor;

North Coast Ward Elected Members or their delegates;

Director Assets;

Manager Assets Maintenance;

Specialist Coastal Engineer;

Representative from the Department of Transport;

A maximum of six representatives from the community/community groups.

 

2.2     Community representatives are to be approved by the appropriate Director and shall be:

the residents or property owners within proximity from the Quinns Beach car park off Ocean Drive;

able to demonstrate an understanding of this significant project and willing to contribute;

able to demonstrate their community network through local community organisations.

 

2.3      Membership shall be for a period of up to two years terminating on the    day of the Ordinary Council Elections, with retiring members eligible to apply.

 

2.4     Members must comply with the City’s Code of Conduct.

 

2.5     The Advisory Group have authority to second individuals from outside of the Advisory Group, on a voluntary basis, for their expert advice.

Consideration will not be given to any nomination received from a person who is currently serving as an Elected Member of a neighbouring Council.

 

Operating procedures:

3.1     Chairperson:

a)      The members of an Advisory Group are to elect a Chairperson and Deputy Chairperson from amongst themselves at the first meeting of the Group. (For transparency and accountability it is recommended that City Officer’s not be appointed to the position of Chairperson and Deputy Chairperson.)

b)      The Chairperson will preside at all meetings.

c)      In the absence of the Chairperson, the Deputy Chairperson will assume the Chair, and in their absence, a person is to be elected by the Advisory Group present to assume the Chair.

d)      The Chairperson is responsible for the proper conduct of the Advisory Group.

 

3.2     Meetings:

a)      The Advisory Group shall meet on a quarterly basis.

b)      All meeting dates are to be provided in the Elected Members Diary in the ‘Wanneroo Wrap’ and in the City’s Corporate Calendar.

c)      A Notice of Meetings including an Agenda to be circulated to the Group members (including Deputy Delegates) at least 72 hours prior to each meeting where possible. 

d)      The Chairperson shall ensure that detailed Minutes of all meetings are kept and that copies are made available to all Group members (including Deputy Delegates) as soon as practicable after the meeting. The Minutes are to be available for public inspection.

e)      Copies of all Minutes are to be forwarded electronically, through HPE Content Manager (the City’s electronic record keeping system), to Council Support for filing in the Elected Members’ Reading Room, and a copy placed on the Elected Members Hub Portal.

f)       All Agenda and Minute documentation to be generated through Council’s InfoCouncil software reporting system.

g)      A Group Recommendation does not have effect, unless it has been made by simple majority.  A simple majority is the agreement of not less than half of the votes present at the meeting.

h)      All endorsed members (or the proxy or Deputy Delegate attending in lieu of the Elected Member) of the Group will have one vote.  The Chairperson will have the casting vote and simple majority will prevail.

 

3.3     Quorum:

A meeting can be conducted without a quorum if necessary. However, every endeavour should be made to achieve a quorum (50% of voting Delegates) or at least to ensure a reasonable spread of representation in the Group. Particularly in circumstances where Recommendations will be made for Councils consideration.

 

3.4     Administration:

3.4.1  Advisory Group Administrator Support

An Advisory Group Administrator for the Group will be provided by the City of Wanneroo. That support person will be Director Assets’ Personal Assistant or their delegate.

 

3.4.2  Motions on Notice

A Group member may raise at a meeting any business that the member considers appropriate and which is relevant to the purpose of the Committee, in the form of a Motion, of which seven days notice has been given in writing to the Group Administrator prior to the compilation of the Agenda for that meeting. 

 

An Administration Comment is to be added at the end of Motions on Notice and signed off by the appropriate Director.

 

Delegated Authority:

4.1     The Advisory Group has no delegated power and has no authority to implement its recommendations without approval of Council.

4.2     The Advisory Group has no delegated authority to commit Council to the expenditure of monies.

4.3     Matters requiring Council consideration will be subject to separate specific reports to Council.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 10 February, 2020                                         273

 

Community & Place

Community Facilities

CP01-02/20       North Coast Aquatic and Recreation Centre Needs and Feasibility Study

File Ref:                                              34228V02 – 20/6580

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       7  

Previous Items:                                   CP02-03/19 - Progress Report - North Coast Aquatic and Recreation Facility Needs and Feasibility Assessment - Ordinary Council - 05 Mar 2019 7.00pm

                                                            CP06-04/19 - PT01-03/19 - Support for Early Provision of an Aquatic Facility - Ordinary Council - 09 Apr 2019 7.00pm      

Issue

To consider the draft North Coast Regional Aquatic and Recreation Centre Needs and Feasibility Study (the Study).

Background

The commencement of the Study was as a result of Council’s consideration of a Motion on Notice at its meeting held on 6 February 2018 (MN01-02/18), in which Council resolved the following:

1.       APPROVES the inclusion an Indoor Aquatic and Recreation Centre development for the Alkimos/Yanchep corridor in the City’s Advocacy Strategy, with a view to bringing forward the proposed timeframe from 2042-2046, as currently listed in the Northern Coastal Growth Corridor Community Facilities Plan (2011);

2.       APPROVES the Mayor to write to relevant State and Federal Government Ministers to highlight the need and seek support (including funding support) for:

a)      The early provision of an Indoor Aquatic and Recreation Centre in the Alkimos/Yanchep corridor; and

b)      Undertaking investigation of opportunities for the City to work with the education sector (and potentially other parties) to facilitate shared use of aquatic facilities planned for the northern coastal growth corridor in the future.

Subsequent to this resolution, an action was included in the 2018/19 Corporate Business Plan (CBP) to “undertake a needs and feasibility assessment in relation to a recreational aquatic facility within the Alkimos/ Yanchep growth corridor (this will include a cost benefit impact on the City’s Aquamotion facility)”.

As a result, the scope of the Study was developed in two parts as outlined below:

Regional Aquatic and Recreation Facility in the Alkimos / Yanchep Corridor

1.       To confirm the need and feasibility for the early provision of the proposed Regional Aquatic and Recreation facility (the Facility) in the Alkimos/ Yanchep corridor (current delivery timeframe of 2042 – 2046);

2.       Confirm location and staging options, taking into consideration the early delivery of an outdoor 50m pool and required supporting infrastructure;

3.       Development of concept site plans, facility layout plans and elevations, based on proposed site option and staging approach informed by the revised functional brief (based on that provided within the CFP);

4.       Provision of a capital cost plan for the delivery of the facility  and a whole of life cost plan;

5.       Prepare a detailed Business Plan for the proposed facility including income and expenditure projections over a 10 year period, market analysis, service and programming analysis, marketing and promotions strategy, organisational structure, staffing levels etc.; and

6.       Review of project delivery and management options (in-house versus external management), taking into consideration joint provision opportunities and key stakeholder requirements.

 

Wanneroo Aquamotion

 

1.       Confirm the cost/benefit impact of the proposed future provision of the Regional Aquatic and Recreation facility in the Alkimos / Yanchep Corridor on the City’s existing Aquamotion facility; 

2.       Identify future location assessment criteria and location options for a facility to replace (i) Aquamotion as a stand-alone (ii) Aquamotion and the Kingsway Indoor Stadium as a joint facility (based on a 20 year horizon). This is to be based on the recent State Government East Wanneroo Metropolitan Regional Scheme (MRS) amendment; and

3.       Develop an indicative functional brief, construction cost plan, operating cost plan and whole of asset life plan and illustrative concepts for the proposed new facility. This should also consider the provision of appropriate “dry side” programming space, including but not limited to gymnasium/group fitness, multi-purpose activity and meeting room pace and indoor sports halls.

 

Administration appointed SGL Consulting Group (SGL) in December 2018 via a Request for Quotation process to undertake the Study.

 

Since consideration of the initial Motion on Notice, Council has considered two reports related to the Study, as per the following:

 

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

·        CP06-04/19 PT01-03/19 – Support of Early Provision of an Aquatic Facility.

Detail

The draft North Coast Regional Aquatic and Recreation Centre Needs and Feasibility Study Report (the Report) has been provided in three parts, as outlined below:

 

·        Needs Assessment Report Attachment 1;

·        Feasibility Study and Business Plan Attachment 2;

·        Order of Concept Cost Estimate Attachment 3.

 

The methodology employed for the Study included four phases, as outlined below:

 

Phase

Key Tasks

Phase 1: Project Inception

·    Project Inception Meeting; and

·    Council Officer Interviews.

Phase 2: Needs Assessment

·    Document Review;

·    Population/ Participation Analysis;

·    Leisure Facility Trends;

·    Benchmarking; and

·    Progress Report.

Phase 3: Feasibility Assessment

·    Stakeholder Engagement;

·    Demand Assessment;

·    Design Brief;

·    Site Analysis and Criteria;

·    Site Investigations;

·    Concept Plan and Cost Estimates; and

·    Presentation.

Phase 4: Business Plan

·    Draft Business Plan;

·    Wanneroo Aquamotion;

·    Presentation; and

·    Council Forum.

 

Needs Assessment Report

 

The full Needs Assessment Report has been included as Attachment 1, with the key findings as a result of the Needs Assessment being as per the following.

 

Population Growth

 

With a population of 35,544 in 2016, it is anticipated the population of the Northern Coastal Growth Corridor (NCGC) will grow to more than 95,000 by 2028, and 160,000 by 2041. This large population growth will cause a shift in the dominant population nodes, moving the larger percentages of the populations from Butler to Alkimos and Yanchep. There is a particular increase in the under 15 and 35 to 49 year age groups. This is particularly relevant, as the under 15 population is considered to be a well-represented user of an aquatic and recreation facility.

 

Community Infrastructure

 

The report outlines the existing infrastructure in the NCGC. There are currently 16 aquatic centres identified in the broader region, including eleven dedicated swimming pools. It is noted that there is no swimming pool north of Butler or between Quinn’s Rocks and Burns Beach Road.

 

Ten sports halls have been identified in the broader region, with nine of those being south of Burns Beach Road.

 

The report notes that there are two major activity nodes are planned in the NCGC. Yanchep Strategic Metropolitan Centre (retail, office, community, entertainment, residential, employment activities, and public transport) and the Alkimos Secondary Centre including ‘Alkimos Central’, civic buildings, offices, medical facilities, entertainment, education, residential, public open space and public transport.

 

There are more than 20 schools within the NCGC, with more than 41 proposed and potential locations for future school developments. Three high schools have been identified for Alkimos and Eglinton and eight high schools in Yanchep/ Two Rocks. The need to provide access to aquatic and recreation facilities for these future students is evident.

 

The report noted the development of the freeway and railway within the NCGC, with railway stations planned for Butler, Alkimos, Eglinton, Yanchep Beach Road and Yanchep. The Mitchell Freeway is planned to be extended along the eastern boundary of the NCGC to Two Rocks.

Trends

 

The report identifies several design components which are considered to be central to contemporary facility design. These include, but are not limited to:

 

·        Flexible water spaces;

·        A mix of water depths (shallow leisure/recreation water with deeper programmable water space);

·        Splash pads with play features;

·        Access for all water spaces through beach entry and access ramps;

·        Complementary revenue generating activity spaces;

·        Ancillary services and complementary businesses;

·        Mechanical devices to change water configuration (depth and pool length);

·        A mix of indoor swimming pools and outdoor areas;

·        Energy efficient plant and equipment and water saving features.

 

Key trends that have been identified as potentially impacting the viability of facilities include aging populations, 24/7 availability, demand for variety of options, creation of a destination (rather than just an aquatic and recreation facility), changing employment structures, and demand for high quality, affordability and universal access.

 

The report identified six distinct aquatic market segments, including:

 

·        Lap swimming;

·        Swim coaching/squads;

·        Learn to swim lessons;

·        Recreational aquatic play;

·        Aquatic fitness;

·        Therapeutic and rehabilitation.

 

There are also several “best practice learnings” outlined in the report, including design recommendations, pool locations and potential revenue streams. Key to this are aspects such as development of multiple pools to allow for different water depth and temperatures to cater for different markets, provision of play features ranging from toddlers to teens and development of 50m pools with movable booms to allow reconfiguration of water space.

 

Demand Projections

 

With the population growth as previously outlined, it is projected that the minimum annual attendance at a well-designed and managed indoor aquatic centre will be at least 90,000 based on the 2016 population. This is expected to grow to approximately 250,000 and 410,000 in 2028 and 2041 respectively. The report indicates that there is sufficient current demand for an aquatic facility and by 2041 there will be sufficient demand for a regional facility with possibly a smaller facility. 

 

The report indicates that the immediate priority, in respect to an aquatic facility, should be the provision of an indoor facility, providing water space of at least 25m in length and heated to at least 29 degrees to service the existing swimming lesson demand.

 

While there is an anticipated demand for fitness and sports estimating such demand is more difficult, as it is common for customers to travel distances to participate. The population and participation assessment suggests demand in the NCGC currently exists for four sports courts, with demand escalating in the future.

 


 

Feasibility Study and Business Plan

 

The full Feasibility Study and Business Plan have been included as Attachment 2, with the key findings being as per the following.

 

Concept Design

 

50m Pool Considerations

 

The report advises that “an aquatic centre should be developed to meet the priority aquatic markets, sized to meet current and future demand, flexible to meet current and evolving design and usage trends”.

 

In addition, the report indicates that “a specific issue which has been raised is the option to develop a 50m pool to meet current demand. This option is not recommended for the following reasons:

 

·        The current population and demand projections do not justify a 50m pool, though this may change in the future;

·        Aquatic facilities which offer a variety of water temperatures, and water depths will be needed. These can only be provided in multiple pools;

·        All activities which require a 50m pool can be undertaken in a 25m pool;

·        The major reason a 50m pool is developed is to conduct elite swimming training, and major swimming competitions. In practice, elite swim squads are likely to be located at Joondalup Arena as it has a larger catchment than a pool in NCGC. It is unlikely that major swim meets will be attracted to NCGC on a regular basis;

·        It is preferable for aquatic education programs to be offered on a year round basis. Hence heated water is needed. For aquatic education, water should be about 30oC. This temperature is more easily achieved in an indoor pool, however the capital cost and ongoing operating costs will be high; and

·        A major disadvantage of an outdoor heated pool, which operates year round, is that customers have to “brave the elements” between the change rooms and pools. This can be a significant disincentive to visit the pool during periods of rain and high winds. In practical terms, it will be difficult to maintain aquatic education attendances during the colder months.”

 

Furthermore, the report indicates that current projected attendances are not sufficient to justify the development of a 50m indoor pool, with smaller water bodies to accommodate activities such as swimming lessons and water exercise required. The report also notes that to meet the requirements of the different markets, a range of water temperatures and depths are required.

 

Notwithstanding the above, the report has considered the development of a stand-alone 50m outdoor pool. The concept for this pool has been included within Attachment 4.

 

The initial assessment of this option has found that the outdoor nature of a pool of this type will discourage winter use, in particular swimming lessons, as evidenced by data collected from the Scarborough Beach pool, which indicates that term based swimming lesson participation reduces from 500 children in Terms 1 and 4 to approximately 50 in Terms 2 and 3.  The report found that while an indoor pool can expect approximately 90,000 visits per year, during the winter months an outdoor pool can only expect approximately 15% attendance. This would drop the anticipated attendance to around 58,500 per year.

 

Design Rationale and Staging

 

The design rationale for the facility is based on the existing regional aquatic and recreation facility currently listed in the Northern Growth Corridor Community Facilities Plan (as noted within the initial Motion on Notice and the scope of the study).

 

On this basis and taking into consideration the key findings of the Needs Assessment Report (Attachment 1) and Feasibility Study and Business Plan Attachment 2, the design rationale for the proposed facility and subsequent staging is summarised as follows, being outlined in more detail in Section 3.2 of Attachment 2:

Description

Rationale

Market

 

Stage 1

 

 

 

Aquatic Facilities

·    25m x six lane program pool

·    Depth 1.0m – 1.6m, temperature 29oC – 31oC

·    Ramp access

 

 

Initially a multipurpose pool will become the main teaching pool when the 10 lane lap pool is constructed.

 

Current demand is insufficient to justify a larger water area. Given the young age profile of the NCGC, aquatic education will be a high priority market. Developing a 25m pool will enable lap and squad swimming to be undertaken.

Lap swimming

recreational play

aquatic fitness

swimming lessons

swim coaching

 

Aquatic Facilities

·    Young children’s leisure pool

·    Depth beach entry – 1m, temperature 29oC – 31oC

It is expected this will be heavily used by families with young children and for aquatic education.

Recreational play

swimming lessons

 

Recreation Facilities

·    Four court sports hall

·    Min 78.05m x 36.15 plus spectator seating on three tiers of fixed seating (0.8m wide) on two end walls.

·    Courts to be divided by heavy duty net curtains.

 

NCGC population will support demand for a four court sports hall in the near future. The initial demand will be for community indoor sports programs and competitions.

Courts suitable for basketball, netball, futsal and other major court sports

 

Stage 2

 

 

 

Aquatic Facilities

·    Splash pad 150m2

As the population and hence demand increases additional recreation water will be needed to cater for demand for families with young children.

Recreational play

 

Aquatic Facilities

·    Warm water program pool

·    15x x 10m, depth 1.2m, temperature 34oC

As the population and hence demand increases specialist water space will be needed to meet the needs of older people and people needing rehabilitation.

Water therapy

aquatic fitness

Swimming lessons

 

Aquatic Facilities

·    Spa pool (40m2)

As the population and hence demand  increases additional water space to cater for adult relaxation may be required

Recreational play

 

Stage 3

 

 

 

Aquatic Facilities

·    Leisure pool

·    400m2, beach entry to 1.5m, temperature, 29oC – 31oC

As the population and hence demand  increases additional water space to cater for upper primary school children’s play

Recreational play

water exercise

swimming lessons

 

Aquatic Facilities

·    25m x 10 lane  lap and training pool

·    Depth 1.5m – 1.8m, temperature 26oC – 28oC

·    Option to extend to 50m pool

As the population and hence demand increases additional water space to cater for stroke correction, swim squads, swim club training, lap swimming and competitions.

Lap swimming

recreational play

water exercise

swimming lessons

swim coaching

 

Recreation Facilities

·    Show court with retractable seating which can be configures as a four court venue

·    Min 78.05m x 36.15 plus spectator seating on three tiers of fixed seating (0.8m wide) on two end walls.

·    Retractable seating

·    Courts to be divided by heavy duty net curtains.

As the population grows and indoor sports’ participation increases, demand for more community sports courts and high level competition venues will increase.

Major sports competitions and events

 

To be determined

 

 

·    Crèche

·    For up to 30 children (30 x 3.25m2 + 10m2 for amenities = 107.5m2) with access to fenced outdoor play space (30 x 7m2 = 210m2)

Construction of a crèche will be dependent upon the demographic profile of customers.  A large proportion of caregivers with young children will suggest that a crèche is required. 

Customers with very young children.

Stage 4

 

 

Complementary facilities:

§ Health and fitness suite (600m2)

§ Sauna and steam room(2 x 12m2)

§ Multipurpose function, activity and meeting spaces(400m2)

Further market research will be required to assess demand for additional facilities.

 

The health and fitness market has undergone significant changes in recent years. It has resulted in the proliferation of low fee, small gyms offering 24/7 access or specialised programs.  The NCGC already has a significant number of health and fitness facilities, which is expected to grow with the population. Demand for full service health and fitness facilities is difficult to project, and given the volatile nature of the industry, long term planning is highly speculative.  Space should be allocated to a health and fitness suite, but details of what it is to include and financial operating projections are unlikely to be accurate. 

 

The concepts in support of the above design brief and staging have been included in Attachment 5, and are provided within Section 3.2.4 of Attachment 2. It should also be noted that within the proposed concept, the 25m 10 lane lap pool identified in Stage 3 has been configured in such a way that it is able to be developed as a 50m 10 lane pool should there be sufficient demand. 

Site Assessment

 

Analysis of potential sites took into consideration a number of sites as identified within the various district structure plans within the NCGC and within the current NCGC Community Facilities Plan. The three ocean pool sites (Two Rocks, Quinn’s Beach and Jindee Estate) were also identified within this assessment, but discounted on the basis that they were not considered suitable for structured aquatic programs (i.e. swimming lessons) and lap swimming (refer to Section 3.2.2 within Attachment 2).

 

The report identified that three sites were considered as having potential, being the Yanchep Metropolitan Centre, Alkimos Secondary Centre and Two Rocks North Secondary Centre. This was on the basis of the basis that “only facilities which are proposed to be a regional or metropolitan centre are likely to have adequate land and be located with supporting and complementary infrastructure such as public transport hubs”. The Two Rocks North Secondary Centre was discounted on the basis that “given the geography of the NCGC, establishing a major regional facility at the northern end of the region, is contrary to good planning and market demand principles.”

 

A multi criteria assessment of the Yanchep Metropolitan Centre and Alkimos Secondary Centre was undertaken based on the following:

 

·        Land size;

·        Availability of land;

·        Cost of land;

·        Zoning;

·        Compatibility with adjacent properties;

·        Accessibility; and

·        Characteristics of the site.

 

The results of this analysis indicated that the Alkimos Secondary Centre was a more preferable site, with the report identifying the following in respect to qualitative assessment outcomes (Section 3.3.5 of Attachment 2):

 

·        It is preferable to develop aquatic and dry facilities as a single operation to reduce management and other overhead costs;

·        The demand analysis indicates that demand currently exists for both aquatic and indoor sports facilities in the NCGC;

·        Given the similarity in demand, it is highly likely that an aquatic and leisure centre at Alkimos and Yanchep will have similar financial performance outcomes. This has been further clarified by the Consultant in the context that given the proximity of the two potential sites, demand and hence expected use of the proposed facility will be the same. Consequently, revenue and expenditures will be the same for both sites. As the topography and geotechnical conditions of both potential are not known, it is also reasonable to assume (at this point in time) that the capital costs will not vary between the sites. The commentary provided within section 3.3.5 will apply to throughout the life of development in NCGC as population increases;

·        A site in Alkimos is likely to be available for development of an aquatic and leisure centre prior to a site in Yanchep;

·        Alkimos is closer to the majority of the existing residential areas in the NCGC;

·        Alkimos is geographically more central to the NCGC than Yanchep;

·        Yanchep will be a major metropolitan centre and eventually a significant metropolitan hub for a wide range of activities; and

·        All potential sites are currently “greenfield” sites, relatively flat and unlikely to have geological or topological factors which will have a significant impact on cost of development or operation.

 

As a result of this analysis, the Study recommended the following:

 

“…that the planning for an aquatic and recreation centre proceed on the basis that it is located in Alkimos, in close proximity to the proposed secondary centre.”

 

Impact on Wanneroo Aquamotion

 

As identified within the scope of the Study, consideration has been given to the impact on Aquamotion as a result of the development of an aquatic facility in the northern coastal corridor. This analysis is detail within Section 5 of Attachment 2, and concluded that:

 

·        The proposed aquatic and leisure facility to be located in the Northern Corridor will have little or no impact on attendances at either Aquamotion or Kingsway Indoor Stadium. This is noting that 6% of swim school members and 7% of Health and Fitness members (these figures are updated from the current report) reside within the Northern Coastal Corridor and that the primary catchment for Aquamotion is the suburbs to the east of Lake Joondalup and south of the facility (including Wanneroo);

·        Travel patterns relating to visiting work places, shopping centres and education institutions are a primary determinant in respect to the use of aquatic and recreation facilities;

·        Population growth in Wanneroo East and Wanneroo Town Centre will have no impact on demand for an aquatic and leisure facility in the NCGC, and will increase demand for facilities and programs at both Aquamotion and Kingsway Indoor Stadium; and

·        Subject to a detailed demand analysis and business case, expansion or redevelopment at another site, of Aquamotion and Kingsway Indoor Stadium is likely to be justified by 2041. In this respect it should be noted that Council considered report CR01-05/19 East Wanneroo District Structure Plan – Community Facilities Plan at its meeting held on 7 May 2019. This plan considered the provision of a regional Aquatic and Recreation facility, which it is envisaged would replace the existing Aquamotion facility.

 

Management and Procurement Models

 

The report provided an overview of existing industry based models applicable to procurement and management of aquatic and recreation facilities.

 

In terms of management, three categories were identified being:

 

·        Management by the Local Government;

·        External management – non Local Government provider; and

·        Shared management model (focused on service delivery).

 

When considering the various management models, the report outlines some key areas that need to be considered including: asset management; presentation of the facility; finance; financial contribution; control; cost of change management model; responding to market demands; longevity of management; performance indicators; core purpose; management capability and risk management. These are outlined in more detail in Section 6 of Attachment 2.

 

The report notes that, in house management is best suited to situations where the City wishes to exert a high le