Council Minutes

 

 

UNCONFIRMED

 

ORDINARY COUNCIL MEETING

7.00pm, 11 March, 2008

Civic Centre,

Dundebar Road, Wanneroo

 

 

 

UNCONFIRMED MINUTES OF ORDINARY COUNCIL MEETING

 

HELD ON TUESDAY 11 MARCH 2008

 

 

 

CONTENTS

 

Item  1          Attendances  5

Item  2          Apologies and Leave of Absence   5

Item  3          Public Question Time   6

PQ01-03/08     Mr B Thomas, Bocklin Road, Ashby  6

PQ02-03/08     Ms Janet Bartlett, Batoni Way, Ashby  7

PQ03-03/08     Mrs A Hine, Dundebar Road, Wanneroo  7

Item  4          Confirmation of Minutes  10

OC01-03/08    Minutes of Ordinary Council Meeting held on 12 February 2008  10

Item  5          Announcements by the Mayor without Discussion   10

Item  6          Questions from Elected Members  10

CQ01-03/08    Cr Blencowe – New Fence Constructed in Bushland Retreat, Carramar  10

Item  7          Petitions  11

New Petitions Presented  11

PT01-03/08     Installation of Parking Bays in Glensanda Way, Mindarie  11

PT02-03/08     Environmental Impact Assessment of the Proposal by Soiland Pty Ltd to Establish a Peat Dump and Soil Blending Facility in McClelland Drive, Nowergup. 11

PT03-03/08     Removal of a Cubby House at  Litchfield Crescent, Carramar  11

Update on Petitions  12

PT01-02/08     Closure of PAW, Sappleton Retreat, Merriwa  12

PT02-02/08     Construction of Dual Access Footpath & Cycleway, Burns Beach to Mindarie  12

PT03-02/08     Removal of Weeds between Joondalup Drive and Lyndavale Loop and Proposed Tavern Site, Carramar  12

PT04-02/08     Objection to Application for Butcher Shop, Newpark Shopping Centre, Marangaroo Drive, Girrawheen  13

Item  8          Reports  13

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. 13

Planning and Development  14

Policies & Studies  14

PD01-03/08     Koondoola Regional Management Plan - Draft for Public Comment  14

Town Planning Schemes and Structure Plans  14

PD02-03/08     Adoption of the Proposed Omnibus Amendment 2A to Various Agreed Structure Plans  14

PD03-03/08     Proposed Amendment No.85 to District Planning Scheme No.2 to Recode Lot 275 (17) Clarkside Court, Wanneroo from Residential R20 to Residential R40  19

PD04-03/08     Adoption of Amendment Nos. 11 & 12 to East Wanneroo Cell 1 Agreed Structure Plan and Amendment No. 4 to East Wanneroo Cell 2 Agreed Structure Plan  19

Development Applications  22

PD05-03/08     DA07/1184 -Proposed Growers Mart - Lot 6 (12) Hughie Edwards Drive, Merriwa  22

PD06-03/08     Proposal for a Change of Use to Recreation Centre (Dance Studio) at 2/28 Baltimore Parade, Merriwa  23

Delegated Authority Reports  24

PD07-03/08     Development Applications Determined by Delegated Authority for January 2008  24

PD08-03/08     Subdivision Applications Determined by Delegated Authority During January 2008  24

Infrastructure  26

IN01-03/08     Tender 08001 - The Construction of a Second Carriageway in Hepburn Avenue - Wanneroo Road to Bellerive Boulevard, Marangaroo  26

IN02-03/08     Tender No 08003 - The Provision of Traffic Management and Traffic Control Services (Panel Contract) 27

IN03-03/08     Parking Prohibitions - Camborne Parkway, Tollesbury Avenue and Bridge Lane, Butler  27

IN04-03/08     Traffic Issue, Intersection Connolly Drive and Neerabup Road, Clarkson – Road Safety Audit  29

IN05-03/08     Wangara Material Recovery Facility - Litter Issues  32

IN06-03/08     PR-1160 Aquamotion Refurbishment and Redevelopment  35

Corporate Services  36

Finance  36

CS01-03/08     Warrant of Payment – for the Period to 31 January 2008  36

CS02-03/08     2007/08 Mid-Year Budget Review (Budget Review) and Financial Activity Statements for the Period ended 31 December 2007  85

Contracts and Property  86

CS03-03/08     Proposed Lease - Portion 935 Wanneroo Road, Wanneroo - Wanneroo Business Association Inc  86

CS04-03/08     Proposed Lease - Portion 935 Wanneroo Road, Wanneroo - Small Business Centre (North West Metro) Inc  86

Community Development  87

Ranger & Safety Services  87

CD01-03/08    Application to Keep More than Two Dogs  87

Governance and Strategy  88

Governance  88

GS01-03/08     Local Laws Eight Year Review   88

GS02-03/08     Review and Repeal of the City of Wanneroo Standing Orders Local Law   105

GS03-03/08     Review of the City of Wanneroo Code of Conduct  142

GS04-03/08     Management Procedure - City of Wanneroo Working Groups  154

GS05-03/08     Compliance Audit Return 2007  161

GS06-03/08     Appointment of Community Representative to Environmental Advisory Committee  195

GS07-03/08     Donation Requests to be Considered By Council  195

Strategic Projects  196

GS08-03/08     Wanneroo Town Centre Revitalisation - Employment of a Place Manager  196

Human Resources  197

GS09-03/08     City of Wanneroo Fleet Services Union Collective Agreement 2007  197

Chief Executive Office  197

General  197

CE01-03/08     Delegation of Authority to the Chief Executive Officer in Consultation with the Mayor over the Christmas/New Year Recess  197

Item  9          Motions on Notice   198

Item  10        Urgent Business  198

UB01-03/08    Mayor J Kelly - Unauthorised Structure - Lot 2204 (55) Litchfield Crescent, Carramar  198

Item  11        Confidential   200

Item  12        Date of Next Meeting   201

The next Ordinary Councillors Briefing Session has been scheduled for 6.00pm on Tuesday, 8 April 2008, to be held at the Civic Centre, Dundebar Road, Wanneroo. 201

Item  13        Closure   201

 

Please refer to agenda for details of full reports and attachments.

Item  1                Attendances

JON KELLY                                                  Mayor

 

Councillors:

 

FRANK CVITAN, JP                                    Central Ward

DOT NEWTON, JP                                        Central Ward

GLYNIS MONKS, JP                                   Central Ward

TRACEY ROBERTS                                     Coastal Ward

IAN GOODENOUGH, JP                            Coastal Ward

RUDI STEFFENS                                          Coastal Ward

BOB SMITHSON                                          Coastal Ward

LAURA GRAY, JP                                       North Ward

PAUL MILES                                                North Ward

BRETT TREBY                                             South Ward

ALAN BLENCOWE                                     South Ward

COLIN HUGHES                                          South Ward

MAUREEN GRIERSON                              South Ward

NGUYET-ANH TRUONG                           South Ward

 

Officers:

 

C JOHNSON                                                  Chief Executive Officer

K CAPLE                                                       Director, Governance & Strategy

F BENTLEY                                                  A/Director, Planning & Development

D BLAIR                                                        Director, Infrastructure

J PATON                                                        Director, Corporate Services

G PRUS                                                          A/Director, Community Development

C DE JONK                                                   Public Relations Communications Officer

L BURT                                                          Minute Officer

 

Item  2                Apologies and Leave of Absence

Nil

 

There were 14 members of the public and one member of the press in attendance.

 

Mayor Kelly declared the meeting open at 7.00pm

 

Item  3                Public Question Time

PD04-03/08  Adoption of Amendment Nos. 11 & 12 to East Wanneroo Cell 1 Agreed Structure Plan and Amendment No. 4 to East Wanneroo Cell 2 Agreed Structure Plan

 

1.       Notification that this item would be discussed at the Briefing Session on Tuesday, 4 March 2008 was not received until the day of the Briefing Session.  Why was this notification not issued sooner?

 

Response by Mayor Kelly

 

The notification sent out referred to the item being considered at the Council meeting, not the Briefing Session. 

 

2.       Does the “net letable area” of 4 600m²  for the proposed shopping centre in Ashby include all the non-attached buildings such as the two storey medical centre, child care centre, service station and car wash and bottle shop?

 

Response by Mayor Kelly

 

Taken on notice.

 

Further Response by A/Director, Planning & Development

 

The net lettable area of 4,600m² refers to retail net lettable area (RNLA). As per Western Australian Planning Commission’s Metropolitan Centres Policy Statement for the Perth Metropolitan Area, uses such as banks, real estate agencies, medical practices and showrooms are not included in the definition of RNLA.

 

Liquor retail (bottle shop) and convenience store in a service station will be included in the RNLA.

 

3.       If the “net letable area” of 4 600m² doesn’t include these non-attached buildings, what is the actual area?

 

4.       Council’s policy states that fast food outlets should be located within shopping centres.  If there is to be a fast food outlet at this centre, does Council intend to ignore its policy in this instance to permit a free standing facility?

 

5.       Why wasn’t information provided at the time Mr Thomas purchased his property that this area had been identified as a “neighbourhood centre”? 

 

6.       The Structure Plan also contains a table identified as Table 5.2 which shows a maximum net letable area of 2 200m².  Why is consideration now being given to a proposal with a net letable area of 4 600m²?

 

Response by Mayor Kelly

 

Taken on notice.

 

Further Response by A/Director, Planning & Development

 

3.       The actual area of the Neighbourhood Centre will dependent on the required number of car parking areas for the centre, landscape area and setbacks.

 

4.       Shopping Centres may consist of several freestanding buildings and one of them can accommodate a fast food outlet.

 

5.       It is not known whether Mr Thomas sought any information from the City Administration prior purchasing his property.

 

6.       Under the provisions of the City’s Centres Strategy, the Neighbourhood Centres proposed in East Wanneroo Cells 1 and 2 were allocated a Retail Net Lettable Area of 2400 and 2200m² respectively.  The applicant has proposed to combine them as one Neighbourhood Centre of 4600m².

 

PD04-03/08  Adoption of Amendment Nos. 11 & 12 to East Wanneroo Cell 1 Agreed Structure Plan and Amendment No. 4 to East Wanneroo Cell 2 Agreed Structure Plan

 

1.       Would the developer of the proposed shopping centre site in Ashby consider using this land for any purpose other than a shopping centre, ie residential?

 

2.       If the shopping centre is approved, would the developer be prepared to put measures in place to shield residents of the streets that lead into Hollosy Way from the negative impacts of the development, such as the erection of  a wall or street bollards preventing access to and from Hollosy Way into Stage 2 Grove Street?

 

Response by Mayor Kelly

 

It was noted for the record that Ms Bartlett’s questions were directed to the developer, and therefore Council was not in a position to provide answers to them.  However, Council would forward Ms Bartlett’s questions to the developer on her behalf.

 

1.       Why is there such a variance in the costs of disposing of a dog and a sheep?  The disposal of a dog costs $44.80, whilst the disposal of a sheep costs $121.00.

 

Response by Mayor Kelly

 

Taken on notice.

 

Further Response by A/Director, Community Development

 

When the City, as a last resort, has to dispose of a dog the cost is $30.50.

 

In regards to the disposal of a sheep, the City is obliged to adhere to the ‘Local Government (Miscellaneous Provisions) Act 1960 that provides for the City to give public notice of the impoundment and in the event that the animal is not claimed by the owner within a 24 hour period, public notice has to given and if still unclaimed the animal will be sold by public auction.  The City of Wanneroo has never resorted to the disposal of a sheep by any other means.

 

 

2.       The Department of Education and Training is in here tonight.  Why could Council not make use of this unspent money, $3 337.94?

 

Response by Mayor Kelly

 

Any unspent money goes back into General Revenue, to be reallocated to other projects.

 

 

3.       Does Council collect rates from Homeswest?  If so, how much is paid to Council per annum?

 

Response by Mayor Kelly

 

Council does collect rates from Homewest.  The amount received varies from year to year, depending on the rateable properties, however Homewest is subject to the same rating requirements as other landowners in the City of Wanneroo.

 

 

4.       Could a copy of the tree policy be supplied to Council’s libraries?

 

Response by Mayor Kelly

 

A copy of Council’s Tree Preservation Policy will be made available as determined by community need.

 

 

5.       With respect to the proposed new development for Woodvale in the Yellagonga Regional Park area, what is Council’s opinion of the so-called buffer zones and Public Open Space being allowed so close to the swamp area?

 

Response by Mayor Kelly

 

Taken on notice.

 

Further Response by A/Director, Planning & Development

 

The City is awaiting advice from the Department of Environment and Conservation (DEC) and the Environmental Protection Authorities (EPA) regarding the proximity of the Public Open Space (and what it is comprised of) to Wallaburnup Swamp and the  extent of the buffer zone that is necessary and sufficient to protect the Yellagonga wetlands, prior to resolving these issues.  The DEC recommends (from Water and Rivers Commission guidelines) a minimum buffer zone of 50m is established from the boundary of wetland dependant vegetation (Water and Rivers Commission - Water Notes: Wetland Buffers WN4 January 2000; Water and Rivers Commission Position Statement: Wetlands 6/6/01). A wetland buffer should minimize invasions by weed species.

 

6.       What was the trade in price for the new Mayoral vehicle and what date was it issued?  What is the make and horsepower, and what is the fuel usage?  What allowances come with the car (ie, unlimited fuel, cleaning, repairs, insurance)?   Who can legally drive this car?  Is it for Council, private or business use, or all?

 

Response by Mayor Kelly

 

Taken on notice, however the answer to the last question is contained in Council’s Policy, and a copy of the policy as it makes reference to the Mayoral vehicle will be made available.

 

Further Response by Director, Corporate Services

 

Details of the Mayor’s current vehicle are as follows –

 

Make:  Holden Calais

Horsepower:  6 cylinder – 180 kilowatts (241HP)

Fuel:  Petrol (unleaded)

Date of Issue:  5 December 2007

Purchase Price:  $39,700 (exc. GST)

 

The Mayor’s previous vehicle has not been sold as yet due to delays in processing an insurance claim and undertaking relevant repairs.

 

The vehicle is supplied in accordance with the Management Procedure ‘Motor Vehicle Management Policy’ (copy attached).  The City is responsible for the cost of repairs/servicing, fuel, insurance and licencing.

 

The Mayor is entitled to ‘full private use’ of the vehicle which can be driven by the Mayor, spouse/partner or other nominated driver.

 

Item  4                Confirmation of Minutes

Moved Cr Gray, Seconded Cr Goodenough

That the minutes of the Ordinary Council Meeting held on 12 February 2008 be confirmed.

CARRIED

 

Item  5                Announcements by the Mayor without Discussion

Nil

Item  6                Questions from Elected Members

 

The following concerns have been raised with respect to the above construction:

 

·                 The piers exceed the maximum 2.7m spacing;

·                 The fence exceeds the 1.8m height limit;

·                 The wall below the infill exceeds the 514mm maximum allowable height;

·                 The top of the footing extends above ground level, and also over the boundary line on to the verge;

·                 The piers were built without reinforcing rods and the verge has now been filled by over 300mm. 

 

1.       Does the owner have a building licence for the fence?

 

2.       Does this Council enforce the private property law completely, or only selectively?

 

3.       If all these aspects of the fence are illegal, what action does Administration intend to make to rectify the matter?

 

4.       I have received an unsubstantiated allegation that the owner has contacts inside Council and is able to obtain privileges.  Can I have an assurance that the emails I am about to present will not go beyond the CEO’s office?

 

Response by Mayor Kelly

 

Taken on notice, however with respect to Question 4 no such assurance can be provided by the CEO, because if the allegations are correct he will be obliged to release the documents outside his office.

 

Further Response by A/Director, Planning & Development

 

1.         The owner of the property in question was issued with a building licence on 26 September 2007 for the construction of a front boundary screen wall with isolated piers and wrought iron infill.

 

2.         When the City is made aware of a breach to its Private Property Law, enforcement measures are taken  regardless of who the applicant or the owners may be.

 

3.         An inspection of the property in question will be undertaken to determine compliance with the approved plans and the requirements of any of the City’s Local Laws.  Should there be a breach of any of the above, then appropriate action may be taken.

 

Item  7                Petitions

New Petitions Presented

 

Cr Steffens presented a petition with 13 signatures requesting that Council give consideration to the installation of parking bays in Glensanda Way, Mindarie.

 

The petition to be forwarded to the Infrastructure Directorate for action.

 

 

 

Cr Gray presented a petition with 230 signatories requesting that Council seek an Environmental Impact Assessment of the proposal by Soiland Pty Ltd to establish a peat dump and soil blending facility in McClelland Drive, Nowergup

 

The petition to be forwarded to the Planning & Development Directorate for action.

 

 

Cr Gray presented a petition with 19 signatories strongly opposing the proposed removal of a cubby house at Litchfield Crescent, Carramar.

 

The petition to be forwarded to the Planning & Development Directorate for action.

 

Moved Cr Treby, Seconded Cr Cvitan

 

That the petitions be received and forwarded to the relevant Directorate for action.

 

CARRIED UNANIMOUSLY

 

Update on Petitions

Cr Steffens presented a petition with 19 signatures from residents in Sappleton Retreat, Merriwa requesting that the Public Access Way between Sappleton Retreat and Hester Avenue Merriwa be closed due to anti social behaviour.

 

UPDATE

 

This matter is currently being investigated in accordance with the City’s policy and the guidelines from the Department for Planning and Infrastructure. A report will be presented to Council once all the relevant information has been received. 

Cr Goodenough presented a petition with 316 signatures from residents requesting the construction of a dual access footpath and cycleway along the coast between Burns Beach and Mindarie.

 

UPDATE

 

This matter is currently being investigated and a report will be presented to Council once all the relevant information has been received. 

 

Cr Gray presented a petition with 23 signatures from residents requesting the removal of weeds between Joondalup Drive and Lyndavale Loop and the proposed tavern site, Carramar.

 

UPDATE

 

This matter is currently being investigated and a report will be presented to Council once all the relevant information has been received. 

Cr Treby presented a petition with 207 signatures from residents objecting to the application for a Butcher shop in the Newpark Shopping Centre, Marangaroo Drive, Girrawheen.

 

UPDATE

 

The City received the application for a Change of Use from 'Cafe' to 'Shop - Butcher' on the 25 June 2007.   Following the preliminary assessment of the proposal the City advised the applicant that body corporate (strata) approval was required.  The City was advised that the majority of strata owners objected to the proposed change of use. In view of the objections the City sought legal advice in relation to the City's position on the strata dispute.  The City was verbally advised in November 2007 that there was no legal basis preventing a planning approval being issued by the City.  In light of the legal advice the City approved the application for a change of use subject to a number of conditions and footnotes on the 26 November 2007. Footnote number three (3) advised the applicant of the following:-

 

The applicant is advised of the need to comply with any relevant requirements of the Strata Titles Act 1985.

 

From a planning point of view the land use 'shop' is an appropriate and permitted use in the 'Commercial Zone' and the matter of the strata dispute is a matter to be resolved by the strata owners under the Strata Titles Act 1985.

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.

Cr Hughes declared an indirect financial interest in Item PD04-03/08 on the grounds that he is undertaking work in connection with the “New Living” project, of which Satterleys is the main contractor.

 

Mayor Kelly declared an impartial interest in Items PD04-03/08 and PD05-03/08 due to persons associated with the reports making a donation to his State election campaign.

Planning and Development

Policies & Studies

File Ref:                                              PR16/0002V01

File Name: AA Koondoola Regional Management Plan   Draft for Public Comment.doc This line will not be printed dont delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Nicola Hoey

Meeting Date:   11 March 2008

Attachments:                                       1

 

 

Moved Cr Hughes, Seconded Cr Blencowe

That Council AGREE to the Draft Koondoola Regional Management Plan being subject to a 6 week period of public consultation.

CARRIED UNANIMOUSLY

EndOfRecommendation - This line will not be printed Please do NOT delete

 

 

Town Planning Schemes and Structure Plans

File Ref:                                              SP/0003/05V01; SP/0019/06V01; SP/0006/8V01

File Name: BA Proposed Omnibus Amendment 2A to various Agreed Structure Plans.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Timothy Dawson

Meeting Date:   11 March 2008

Attachments:                                       4

 

Moved Cr Gray, Seconded Cr Treby

That Council:-

1.       Pursuant to Clause 9.6.1 of District Planning Scheme No.2 RESOLVES that the following structure plan amendments are SATISFACTORY, and SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification:

a)       Amendment No. 5 to the East Wanneroo Cell 2 Agreed Structure Plan submitted by John Chapman Town Planning Consultant on behalf of Jazna Pty Ltd to recode portions of Lots 9000 to 9003 Pinjar Road as shown on Attachment 1 of this report from R20 to R40; and

b)      Amendment No. 6 to the Carramar South/Tapping North Agreed Structure Plan submitted by John Chapman Town Planning Consultant on behalf of Peet and Co to rezone Lot 9024 (1000) Joondalup Drive, Banksia Grove as shown on Attachment 4 from Special Residential to Residential R30 and REQUESTING the applicant to submit a modified Development Guide Plan (DGP) for Special Residential Zone No.2.

2.       Pursuant to Clause 9.6.5 of District Planning Scheme No.2 ADOPTS, SIGNS and SEALS the structure plan amendment documents once certified by the Western Australian Planning Commission.

3.       ENDORSES the comments made in this report regarding the submissions received on this structure plan amendments for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submittors of its decision.

 EndOfRecommendation - This line will not be printed Please do NOT delete

 

Amendment

Moved Cr Blencowe, Seconded Cr Grierson

That Recommendation 1a be deleted.

 

That Council:-

1.       Pursuant to Clause 9.6.1 of District Planning Scheme No.2 RESOLVES that the following structure plan amendments are SATISFACTORY, and SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification:

a)       Amendment No. 5 to the East Wanneroo Cell 2 Agreed Structure Plan submitted by John Chapman Town Planning Consultant on behalf of Jazna Pty Ltd to recode portions of Lots 9000 to 9003 Pinjar Road as shown on Attachment 1 of this report from R20 to R40; and

b)      Amendment No. 6 to the Carramar South/Tapping North Agreed Structure Plan submitted by John Chapman Town Planning Consultant on behalf of Peet and Co to rezone Lot 9024 (1000) Joondalup Drive, Banksia Grove as shown on Attachment 4 from Special Residential to Residential R30 and REQUESTING the applicant to submit a modified Development Guide Plan (DGP) for Special Residential Zone No.2.

2.       Pursuant to Clause 9.6.5 of District Planning Scheme No.2 ADOPTS, SIGNS and SEALS the structure plan amendment documents once certified by the Western Australian Planning Commission.

3.       ENDORSES the comments made in this report regarding the submissions received on this structure plan amendments for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submittors of its decision.

 

LOST

12/3

 

For the Motion:           Cr Treby, Cr Blencowe, Cr Grierson

 

Against the Motion:    Mayor Kelly, Cr Miles, Cr Gray, Cr Truong, Cr Hughes, Cr Monks, Cr Newton, Cr Cvitan, Cr Goodenough, Cr Roberts, Cr Smithson, Cr Steffens

 

Moved Cr Gray, Seconded Cr Treby

That Council:-

1.       Pursuant to Clause 9.6.1 of District Planning Scheme No.2 RESOLVES that the following structure plan amendments are SATISFACTORY, and SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification:

a)      Amendment No. 5 to the East Wanneroo Cell 2 Agreed Structure Plan submitted by John Chapman Town Planning Consultant on behalf of Jazna Pty Ltd to recode portions of Lots 9000 to 9003 Pinjar Road as shown on Attachment 1 of this report from R20 to R40; and

b)      Amendment No. 6 to the Carramar South/Tapping North Agreed Structure Plan submitted by John Chapman Town Planning Consultant on behalf of Peet and Co to rezone Lot 9024 (1000) Joondalup Drive, Banksia Grove as shown on Attachment 4 from Special Residential to Residential R30 and REQUESTING the applicant to submit a modified Development Guide Plan (DGP) for Special Residential Zone No.2.

2.       Pursuant to Clause 9.6.5 of District Planning Scheme No.2 ADOPTS, SIGNS and SEALS the structure plan amendment documents once certified by the Western Australian Planning Commission.

3.       ENDORSES the comments made in this report regarding the submissions received on this structure plan amendments for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submittors of its decision.

 

CARRIED

13/2

 

For the Motion:           Mayor Kelly, Cr Miles, Cr Gray, Cr Truong, Cr Treby, Cr Hughes, Cr Monks, Cr Newton, Cr Cvitan, Cr Goodenough, Cr Roberts, Cr Smithson, Cr Steffens

 

Against the Motion:    Cr Blencowe, Cr Grierson

 

 

 

 

 

 

 

 

 

File Ref:                                              TPS/0085V01

File Name: BA Proposed Amendment No 85 to recode Lot 275  17  Clarkside Court  Wanneroo from Residential R20 to Residential R40.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Timothy Dawson

Meeting Date:   11 March 2008

Attachments:                                       1

 

Moved Cr Newton, Seconded Cr Monks

That Council ADVISES the applicant Martina Gericke Town Planner acting on behalf of Janita Investments Pty Ltd, that it is NOT PREPARED TO INITIATE Amendment No. 85 to District Planning Scheme No. 2 to recode Lot 275 (17) Clarkside Court, Wanneroo from Residential R20 to Residential R40 for the following reasons:

a)      An amendment to the District Planning Scheme No.2 to spot recode a single lot will set an undesirable precedent;

b)      Currently the City is reviewing the District Planning Scheme No.2, which is likely to consider residential density coding in this area and could take up to five years.

CARRIED UNANIMOUSLY

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Cr Hughes declared an indirect financial interest in Item PD04-03/08 on the grounds that he is undertaking work in connection with the “New Living” project, of which Satterleys is the main contractor, and left Council Chambers at 7.25pm.

 

Mayor Kelly declared an impartial interest in Item PD04-03/08 due to persons associated with the report making a donation to his State election campaign.

 

File Ref:                                              SP/0002/11V01; SP/0002/12V01; SP/0003/04V01

File Name: BA Adoption of Amendment Nos  11   12 to East Wanneroo Cell 1 Agreed Structure Plan and Amendment No 4 to East Wanneroo.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Timothy Dawson

Meeting Date:   11 March 2008

Attachments:                                       4

 

Recommendation

That Council:-

1.       Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2 RESOLVES that:

a)       Amendment No. 11 to the East Wanneroo Cell 1 Agreed Structure Plan as submitted by Planning Solutions and John Chapman Town Planning Consultant acting on behalf of Endeavour Properties Pty Ltd and Satterley Wanneroo Pty Ltd to rezone Lot 9602 Pinjar Road, Ashby from Residential Zone to Centre Zone with a maximum Net Lettable Area of 4600m² and Lot 25 Ashley Road, Tapping from Centre Zone to Residential Zone with a density coding of R20 including the 5000m² Community Purpose Site are satisfactory subject to:

i)       Further amending Schedule 1 in the Statutory Section of the Cell 1 Agreed Structure Plan by deleting the words “Cell 1 Neighbourhood Centre” and “4250m²” in Columns 1 and 2 of the Schedule and replacing them with the words “Lot 9602, Pinjar Road, Ashby” and “4600m²” respectively;

b)      Amendment No.4 to the East Wanneroo Cell 2 Agreed Structure Plan as submitted by Planning Solutions and John Chapman Town Planning Consultant acting on behalf of Quinto Pty Ltd to rezone Lot 19 Vincent Road, Sinagra from Centre Zone to Residential Zone with a density coding of R20-40 is satisfactory subject to:

i)       Further amending the Cell 2 Agreed Structure Plan by deleting Section 3 relating to “Retail Floor Space” in the Statutory Section and renumbering the subsequent sections accordingly;

c)       Amendment No.12 to the East Wanneroo Cell 1 Agreed Structure Plan as requested by Greg Rowe and Associates acting on behalf of Freshlink Export Pty Ltd to rezone the entire Lot 19, Clarkson Avenue, Tapping from Residential Zone to Centre Zone is satisfactory subject to:

i)       Further amending Schedule 1 in the Statutory Section of the Cell 1 Agreed Structure Plan by deleting the words “Cell 1 Neighbourhood Centre” and “4250m²” in Columns 1 and 2 of the Schedule and replacing them with the words “Lot 19 Clarkson Avenue, Tapping” and “1100m²” respectively;

2.       SUBMITS three copies of the modified amendment documents to the Western Australian Planning Commission for its adoption and certification.

3.       Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS, SIGNS and SEALS the modified amendment documents once they are certified by the Western Australian Planning Commission.

4.       ENDORSES the comments made in this report regarding the submissions received on this Structure Plan Amendment for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submittors of its decision.

5.       REQUIRES Endeavour Properties Pty Ltd, the developers of the Neighbourhood Centre on Lot 9602 Pinjar Road, Ashby, to enter into a legal agreement with the City to carry out the following works connected with the development of the Neighbourhood Centre to the satisfaction of the City of Wanneroo:

a)       Design and construction of a roundabout at the Edward Street/Shopping Centre access road and Pinjar Road four-way intersection subject to a satisfactory safety audit for the proposal;

b)      Widening and constructing Hollosy Way as a boulevard where it abuts the Neighbourhood Centre;

c)       Design and construction of a roundabout at the intersection of Hollosy Way and the future western boundary road; and

d)      Design and construction of a roundabout at the intersection of Mondrian Approach and the western boundary road.

MOTION LAPSED FOR WANT OF A MOVER

Alternative Motion

Moved Cr Monks, Seconded Cr Newton

That Council DEFERS consideration of the adoption of Amendment Nos 11 and 12 to East Wanneroo Cell 1 Agreed Structure Plan and Amendment No.4 to East Wanneroo Cell 2 Agreed Structure Plan until the completion of the City of Wanneroo Centres Strategy Review.

CARRIED UNANIMOUSLY

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 Reason for Alternative Motion

 

1.       Social and amenity issues associated with the shopping centre.

 

2.       Altering the character of Hollosy Way to being a Boulevard due to the likely increase in traffic volume to more than 7000 vehicles per day.

 

3.       The increase in the size of the shopping centre in relation to what was originally proposed for East Wanneroo Cell 1 in the current City’s Centres Strategy.

 

Cr Hughes returned to Council Chambers at 7.34pm.

Development Applications

Mayor Kelly declared an impartial interest in Item PD05-03/08 due to persons associated with the report making a donation to his State election campaign.

File Ref:                                              P21/1455

File Name: EA DA07 1184  Proposed Growers Mart  Lot 6  12  Hughie Edwards Drive  Merriwa.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Aiton Sheppard

Meeting Date:   11 March 2008

Attachments:                                       3

 

Moved Cr Treby, Seconded Cr Cvitan

That Council REFUSES to grant its approval to DA07/1184, to develop a “growers mart” on Lot 6 (12) Hughie Edwards Drive, Merriwa, on the grounds that the proposed fresh fruit and vegetable sales and butchery can reasonably be classified as shops and are therefore prohibited use classes in the Business Zone.

Amendment

Moved Cr Smithson, Seconded Cr Steffens

To add Points 1, 2 and 4 to the recommendation.

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That Council:

 

1.       NOTES that Coastal Ward Councillors have canvassed opinion from local citizens and near businesses about the proposed Growers Mart - Lot 6 (12) Hughie Edwards Drive, Merriwa and everyone approached gave the enthusiastic opinion the growers mart would be a valuable addition to the area.

 

2.       CONFIRMS that due diligence by Administration has not been able to find any discretion that would allow the City to approve this application in its present form under the existing zoning for this Lot.

 

3.       REFUSES to grant its approval to DA07/1184, to develop a "growers mart" on Lot 6 (12) Hughie Edwards Drive, Merriwa, on the grounds that the proposed fresh fruit and vegetable sales and butchery can reasonably be classified as shops and are therefore prohibited use classes in the Business Zone.

 

4.       ADVISES the applicant that the City will give prompt consideration to an application to rezone the subject land from Business Zone to Commercial Zone.

 

CARRIED UNANIMOUSLY

The amendment became the substantive motion.

 

CARRIED UNANIMOUSLY

 

 

File Ref:                                              P21/0104V01

File Name: EA Proposal for a Change of Use to Recreation Centre (Dance Studio)  at 2 28 Baltimore Parade  Merriwa.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Karen Evans

Meeting Date:   11 March 2008

Attachments:                                       4

 

Moved Cr Roberts, Seconded Cr Goodenough

That Council APPROVES the application by Jodie Bell for a change of use to Recreation Centre (Dance Studio) on Lots 2 and 3, (2/28) Baltimore Parade, Merriwa subject to the following conditions:

1.       Class sizes are restricted to a maximum of 20 students and two staff members.

2.       Operating hours are restricted to 7am to 9pm Monday to Friday and from 9.00am to 4.00pm Saturdays.  No classes are to be held on Sundays or Public Holidays.

3.       The doors and windows facing Deepwater Court and the rear doors to the premises are to be kept closed during classes.

4.       The premises are not to be utilised for private functions.

FOOTNOTES

1.       The Applicant/Owner is reminded that this is a Planning Approval only and does not obviate the responsibility of the developer to comply with all relevant building, health and engineering requirements.

2.       Applicant/Owner to ensure that the Environmental Protection (Noise) Regulations 1997 are complied with at all times.

3.       Applicant shall comply with the Health (Public Buildings) Regulations 1992.

4.       The maximum accommodation as calculated under the provisions of the Health (Public Building) Regulations 1992 is 50 persons.

5.       Owner /Agent shall submit a Form 2 Application for Certification of Approval.  A Maximum Occupation Certificate from City's Building & Health Services section is required prior to occupation of the premises.

6.       Applicant is to submit plans and specifications of proposed dance studio on a Form 2 Building Licence Application for approval prior to commencing any fit-out works. 

CARRIED UNANIMOUSLY

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Delegated Authority Reports

File Ref:                                              S09/0009V014

File Name: FA Development Applications Determined by Delegated Authority for January 2008.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Sue Shatford

Meeting Date:   11 March 2008

Attachments:                                       1

Moved Cr Monks, Seconded Cr Newton

That Council NOTES the determinations made by Administration acting under delegated authority from Council on planning applications processed between 1 January 2008 and 31 January 2008.

CARRIED UNANIMOUSLY

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Subdivision Applications Determined Under Delegated Authority During January 2008

File Ref:                                              S09/0008

File Name: FC Subdivision Applications Determined Under Delegated Authority During January 2008.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Acting Director, Planning and Development

Disclosure of Interest:                         Nil

Author:   Sue Shatford

Meeting Date:   11 March 2008

Attachments:                                       13

Moved Cr Monks, Seconded Cr Newton

That Council NOTES the actions taken in relation to providing comments to the Western Australian Planning Commission on subdivision applications processed under delegated authority in the period for the month of January 2008 as listed below:

Subdivision Application Delegations

 

CARRIED UNANIMOUSLY

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Infrastructure

File Ref:                                              C08001V01

File Name: EA Tender 08001   The Construction of 2nd Carriageway in Hepburn Avenue   Wanneroo Road to Bellerive Boulevard  Maranga.doc This line will not be printed dont delete

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Author: M Best

Meeting Date: 11 March 2008

 

Moved Cr Grierson, Seconded Cr Treby  

That Council:-

1.             ACCEPTS Tender Number 08001 submitted by Downer EDI Works Pty Ltd for the Construction of the second Carriageway in Hepburn Avenue – Wanneroo Road to Bellerive Boulevard, Marangaroo, for the amended fixed lump sum price of $1,205,747, in accordance with the terms and conditions specified in the tender document.

2.             NOTES the following budget variations to accommodate the shortfall in funding for the construction of the second Carriageway in Hepburn Avenue – Wanneroo Road to Bellerive Boulevard, Marangaroo:

Project/Account No	From	To	Description
PR-1067	$160,000		Hartman Drive – Dual carriageway
PR-1428		$160,000	Hepburn Avenue / Giralt Road

3.       LISTS for consideration in the draft 2008/09 Roads Capital Works Budget an amount of $160,000 in Project Number PR-1067 for the Hartman Drive Dual Carriageway project.

CARRIED UNANIMOUSLY

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File Ref:                                              C08003V01

Responsible Officer:                           Director, Infrastructure

Disclosure of Interest:                         Nil

Meeting Date:                                     11 March 2008

Author:   Michael Oh

Meeting Date:   11 March 2008

Attachment(s):                                    1

File Name: AAThe Provision of Traffic Management and Traffic Control Services.doc This line will not be printed dont delete

 

Moved Cr Grierson, Seconded Cr Treby

That Council ACCEPTS Tender No 08003 from Total Road Services, Carringtons Traffic Services and Altus Traffic Pty Ltd to form a Traffic Management and Traffic Control Panel for the provision of services to the City for a period of one year as per the schedule of rates and general conditions of tendering.

CARRIED UNANIMOUSLY

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File Ref:                                              R05/0007V01

File Name: BA Parking Prohibitions   Camborne Parkway  Tollesbury Avenue and Bridge Lane  Butler.doc This line will not be printed dont delete

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Author:   Richard Greening

Meeting Date:   11 March 2008

Attachment(s):                                    2

 

Moved Cr Grierson, Seconded Cr Treby

That Council:-

1.             APPROVES the installation of “No Stopping Road or Nature Strip” signs on Camborne Parkway and Tollesbury Avenue, Butler as shown on Drawing No       2315-1-0 at Attachment 2.

2.             APPROVES the installation of “No Stopping” signs on Bridge Lane, Butler as shown on Drawing No 2315-1-0 at Attachment 2

3.             APPROVES the installation of yellow edge lines on Camborne Parkway, Tollesbury Avenue and Bridge Lane, Butler as shown on Drawing No 2315-1-0 at Attachment 2.

4.             ADVISES the property owners on Camborne Parkway, Tollesbury Avenue and Bridge lane, Butler of Council’s decision.

5.             ADVISES the Principal of Butler Primary School of Council’s decision.  

CARRIED UNANIMOUSLY  

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ATTACHMENT 2 PAGE 1 OF 1

 

 

PROPOSED PARKING PROHIBITIONS – Camborne Parkway, Tollesbury Avenue, and Bridge Lane, Butler

 

 

File Ref:                                              R30/0002V01

File Name: BA Traffic Issue  Intersection Connolly Drive and Neerabup Road  Clarkson.doc This line will not be printed dont delete

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Author:   Traffic Engineer

Meeting Date:   11 March 2008

Attachment(s):                                    4

 

Moved Cr Grierson, Seconded Cr Treby

That Council:

1.         ADOPTS the recommendations of the Connolly Drive/Neerabup Road, Road Safety Audit (January 2008) prepared by Traffic Engineering consultants, Donald Veal Consultants Pty. Ltd.

2.         APPROVES the installation of Stage 1 Works as shown on Attachment 3, including the installation of the physical barrier treatment to the north west corner of the Connolly Drive/Neerabup Road roundabout.

3.         LISTS $75,000 for consideration in the draft 2008/2009 Infrastructure Capital Works Budget for Stage 1 works including physical barriers to the northwest corner of the Connolly Drive/Neerabup Road roundabout.

4.         APPROVES the installation of Stage 2 Works as shown on Attachment 4.

5.         ENDORSES the Stage 2 Works funding submission for consideration as part of the 2009/2010 State BlackSpot Program.

6.         REQUESTS the WA Police Service to enforce speed compliance on Connolly Drive south of Neerabup Road.

CARRIED UNANIMOUSLY   

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ATTACHMENT 3 PAGE 1 OF 1

ATTACHMENT 4 PAGE 1 OF 1

 

 

 

 

File Ref:                                              S34/0143

File Name: DA Wangara Material Recovery Facility   Litter issues.doc This line will not be printed dont delete

Responsible Officer:                           Dennis Blair

Disclosure of Interest:                         Nil

Attachment(s):                                    Nil

Author:    Robert Elliott

Meeting Date:    11 March 2008

Attachments:    Nil

 

Moved Cr Cvitan, Seconded Cr Roberts

That Council

1.             Pursuant to Section 6.8(1) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $150,000 for the design, documentation and engineering drawings preparation for increased storage capacity at the Wangara Material Recovery Facility; modifications to plant and equipment and site works to resolve litter problems at this facility, subject to the Cities of Swan and Joondalup  paying one third of the costs in accordance with the Agreement Relating to the Operation of the Motivation Drive Material Recovery Facility.

2.             WRITES to the Cities of Swan and Joondalup seeking endorsement of the proposed actions and contribution to the capital works in accordance with the terms of the Agreement Relating to the Operation of the Motivation Drive Material Recovery Facility.

3.             NOTES the following consequential budget variations to fund these works:

INCOME

Debit	Materials Recovery Facility Upgrade Reserve	$150,000
Credit	Contribution – City of Joondalup		$50,000
Credit	Contribution – City of Swan		$50,000
Credit	City of Wanneroo – Municipal Account		$50,000

           

EXPENDITURE

Projects/Account No.	FROM	TO	DESCRIPTION
Reserve	$150,000		Material Recovery Facility Upgrade Reserve
Upgrade Project No. PR 1218		$150,000	Wangara MRF Upgrade Project

 

4.             NOTES the actions undertaken to date to minimise the litter impact on adjoining properties and further that a Site Management Plan will be developed for the facility.

5.             NOTES that a further report will be presented on the tender assessment for any major building modification works at which time a decision can be made on the total funding for the project.

Amendment

Moved Cr Newton, Seconded Cr Monks

That the Recommendation be expanded to include Points 6, 7, 8 and 9.

That Council

1.             Pursuant to Section 6.8(1) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $150,000 for the design, documentation and engineering drawings preparation for increased storage capacity at the Wangara Material Recovery Facility; modifications to plant and equipment and site works to resolve litter problems at this facility, subject to the Cities of Swan and Joondalup  paying one third of the costs in accordance with the Agreement Relating to the Operation of the Motivation Drive Material Recovery Facility.

2.             WRITES to the Cities of Swan and Joondalup seeking endorsement of the proposed actions and contribution to the capital works in accordance with the terms of the Agreement Relating to the Operation of the Motivation Drive Material Recovery Facility.

3.             NOTES the following consequential budget variations to fund these works:

INCOME

Debit	Materials Recovery Facility Upgrade Reserve	$150,000
Credit	Contribution – City of Joondalup		$50,000
Credit	Contribution – City of Swan		$50,000
Credit	City of Wanneroo – Municipal Account		$50,000

           

EXPENDITURE

Projects/Account No.	FROM	TO	DESCRIPTION
Reserve	$150,000		Material Recovery Facility Upgrade Reserve
Upgrade Project No. PR 1218		$150,000	Wangara MRF Upgrade Project

 

4.             NOTES the actions undertaken to date to minimise the litter impact on adjoining properties and further that a Site Management Plan will be developed for the facility.

5.             NOTES that a further report will be presented on the tender assessment for any major building modification works at which time a decision can be made on the total funding for the project.

6.       APPROVES the formation of a Working Committee to comprise of Administration, Mayor, Ward Councillors and three members of the community made up of residents and business owners directly affected by this facility;

7.     REQUESTS Administration investigate the operations of the storage and treatment of garden waste at the Wangara Green Waste Recycling Facility and report back to Council.

8.     REQUESTS Administration investigate appropriate street tree and landscaping for the adjacent verge to the  Wangara Materials Recovery facility.

9.     AUTHORISES Council collection crews to collect litter from affected properties on Motivational Drive and Badgerup Road.

PROCEDURAL MOTION

 

Moved Mayor Kelly, Seconded Cr Grierson

 

That the item be referred back to Administration for further investigation.

 

LOST

13/2

 

For the Motion:           Mayor Kelly, Cr  Grierson

 

Against the Motion:    Cr Miles, Cr Gray, Cr Truong, Cr Treby, Cr Blencowe, Cr Hughes, Cr Monks, Cr Newton, Cr Cvitan, Cr Goodenough, Cr Roberts, Cr Smithson, Cr Steffens

 

The amendment was put.

CARRIED UNANIMOUSLY &
BY ABSOLUTE MAJORITY

The amendment became the substantive motion.

 

CARRIED UNANIMOUSLY &
BY ABSOLUTE MAJORITY

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File Ref:                                              PA13/0048V01

File Name: EA PR 1160 AQUAMOTION REFURBISHMENT AND REDEVELOPMENT.doc This line will not be printed dont delete

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

 

Author:    Project Manager Major Building Projects

Meeting Date:    11 March 2008

Moved Cr Treby, Seconded Cr Cvitan

That Council:-

 

1.             ENDORSES the action of the Chief Executive Officer in authorising a variation to the scope of works as outlined in this report for Contract C07016 Aquamotion Refurbishment and Upgrade Project as follows:

a)             Pool Hall Restoration Works

i)               Replacing the existing ceiling with a Coruline perforated aluminium ceiling

ii)             Replacing the existing pool hall lights

iii)           Painting all existing steelwork and existing air conditioning ducts

iv)           Replacing double opening doors on the south wall of the Pool Hall

b)            Internal Pool Resurfacing

i)               Supply and installation of ceramic tiles to the existing toddlers pool and lap pool.

c)             Additional Retaining Walls

i)               Retaining walls to the balance of the western boundary and to part of the new northern boundary.

d)            Café/Kiosk Enlargement

i)               Increasing the size of the café/kitchen in order to provide a more efficient and effective food preparation and serving area .

2.             NOTES that the variation to the scope of works for Contract C07016 Aquamotion Refurbishment and Upgrade Project will result in a funding shortfall in the project budget by the following estimated amounts:

a)             Pool Hall Restoration Works                                        $  74,600

b)            Internal Pool Resurfacing                                             $246,100

c)             Additional Retaining Walls                                           $232,000

d)            Café/Kiosk Enlargement                                               $100,000

e)             General contract provisions                                          $300,000

3.             NOTES that the estimated funding shortfall for the variation to the scope of works for Contract C07016 Aquamotion Refurbishment and Upgrade Project will be considered in the Draft 2008/2009 Capital Works Budget.

CARRIED UNANIMOUSLY

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Corporate Services

Finance

File Ref:                                              S13/0002V11

File Name: BA Warrant of Payments   For the Period to 31 January 2008.doc This line will not be printed Please do NOT delete

Responsible Officer:                           Director, Corporate Services

Disclosure of Interest:                         Nil

Author:   Juanita Lee

Meeting Date:   11 March 2008

Attachments:                                       Nil

 

Moved Cr Steffens, Seconded Cr Smithson

That Council RECEIVES the list of payments for the month of January 2008, as summarised below:-

 

Funds	Vouchers	Amount
Director Corporate Services Advance A/C Accounts Paid – JANUARY 2008    Cheque Numbers     EFT Document Numbers TOTAL ACCOUNTS PAID Less Cancelled Cheques Town Planning Scheme RECOUP FROM MUNICIPAL FUND	67757 - 68138 688 - 697	$2,162,934.25 $4,998,149.13 $7,161,083.38 ($6,559.20) ($953,500.00) $6,201,024.18
Municipal Fund – Bank A/C Accounts Paid – JANUARY 2008 Direct Payments – Advance Recoup Direct Payments – Bank Fees Direct Payments – Credit Cards Direct Payments Total Payroll – Direct Debits TOTAL ACCOUNTS PAID		$6,201,024.18 $4,196.60      $10,964.69 $6,216,185.47 $2,613,518.02 $8,829,703.49
Town Planning Scheme  Accounts Paid – JANUARY 2008                             Cell 8 TOTAL ACCOUNTS PAID		$953,500.00 $953,500.00
WARRANT OF PAYMENTS JANUARY 2008

 

 

CARRIED UNANIMOUSLY

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File Ref:                                              S13/0002V11

File Name: BB Financial Activity Statement for the Period Ending 31 December 2007  Mid Year Review .doc This line will not be printed dont delete

Responsible Officer:                           A/Director, Corporate Services

Disclosure of Interest:                         Nil

Author:   A/Manager Finance Services

Meeting Date:   11 March 2008

Attachments:                                       3

 

Moved Cr Steffens, Seconded Cr Smithson

That Council: -

1.       RECEIVES the Financial Activity Statement report for the month of December 2007; and

2.       In accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996, ADOPTS BY AN ABSOLUTE MAJORITY the mid year budget review of the Annual Budget for the 2007/08 financial year as outlined in the Revised Budget column as shown in Attachment 1 – Income Statement – Summary of Nature and Type for the period ended December 2007, Attachment 2 – Balance Sheet as at December 2007 and Attachment 3 Capital Works Budget Review as at February 2007.

CARRIED UNANIMOUSLY &
BY ABSOLUTE MAJORITY

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Contracts and Property

File Ref:                                              P34/0597V01

File Name: CA Proposed Lease   Portion 935 Wanneroo Road  Wanneroo Business Association Inc.doc This line will not be printed dont delete

Responsible Officer:                           A/Director, Corporate Services

Disclosure of Interest:                         Nil

Author:   Property Officer

Meeting Date:   11 March 2008

Attachment(s):                                    1

 

Moved Cr Steffens, Seconded Cr Smithson

That Council:-

1.             NOTES there were no submissions or comments received in response to the local public notice placed in the Wanneroo Times on 14 February 2008 outlining the proposed lease to the Wanneroo Business Association Inc;

2.             APPROVES the leasing of portion of 935 Wanneroo Road, Wanneroo (being Office One) to the Wanneroo Business Association Inc on a commercial basis for a period of three (3) years under the terms and conditions outlined in this report; and

3.             AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo and execute the lease between the City and the Wanneroo Business Association Inc.

CARRIED UNANIMOUSLY

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File Ref:                                              P34/0597V01

File Name: CA Proposed Lease   Portion 935 Wanneroo Road  Wanneroo   Small Business Centre  North West Metro  Inc.doc This line will not be printed dont delete

Responsible Officer:                           A/Director, Corporate Services

Disclosure of Interest:                         Nil

Author:   Property Officer

Meeting Date:   11 March 2008

Attachment(s):                                    1

 

Moved Cr Steffens, Seconded Cr Smithson

That Council:-

1.       NOTES there were no submissions or comments received in response to the local public notice placed in the Wanneroo Times on 14 February 2008 outlining the proposed lease to the Small Business Centre (North West Metro) Inc;

2.       APPROVES the leasing of portion of 935 Wanneroo Road, Wanneroo (being Office Two) to the Small Business Centre (North West Metro) Inc on a commercial basis, for a period of three (3) years under the terms and conditions outlined in this report;

3.       ACKNOWLEDGES that building insurance is not recovered through the variable outgoings; and

4.       AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo and execute the lease between the City and the Small Business Centre (North West Metro) Inc.

CARRIED UNANIMOUSLY

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Community Development

Ranger & Safety Services

File Ref:                                              P16/0001V01

File Name: CA Application To Keep More Than Two Dogs.doc This line will not be printed dont delete

Responsible Officer:                           Acting Director Community Development

Disclosure of Interest:                         Nil

Author:    Resmie Greer

Meeting Date:    11 March 2008

 

Moved Cr Blencowe, Seconded Cr Steffens

That Council:-

1.             GRANTS an exemption to the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep three dogs at number 40 Whitehouse Drive, Koondoola, subject to the specified conditions:

a)      If any one of the dogs die or is no longer kept on the property, no replacement is to be obtained;

b)      Any barking by the subject dogs is to be kept to a minimum;

c)       This exemption may be varied or revoked if any complaints are received which are considered reasonable.

2.             RESERVES THE RIGHT to vary or revoke, at any future date, the exemption given to the applicant should any relevant conditions be contravened.

3.             ADVISES the adjoining neighbours of this decision.

CARRIED UNANIMOUSLY

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Governance and Strategy

Governance

File Ref:                                              S09/0249V01

Responsible Officer:                           Director, Governance & Strategy

Disclosure of Interest:                         Nil

Attachment(s):                                    1

Author:    Nicky Barker

Meeting Date:    11 March 2008

File Name: AA Local Laws Eight Year Review.doc This line will not be printed dont delete

 

Moved Cr Truong, Seconded Cr Treby

That Council:-

1.       NOTE that no community submissions were received by the close of the submission period on 7 December 2007 following advertising the review of the following local laws:

·                  Animals Local Law 1999;

·                  Bushfire Brigades Local Law 2001;

·                  Extractive Industries Local Law 1998;

·                  Health Local Law 1999;

·                  Local Government and Public Property Local Law 1999;

·                  Parking and Parking Facilities Local Law 2003;

·                  Private Property Local Law 2001;

·                  Signs Local Law 1999;            

·                  Standing Orders Local Law 2000; and

·                  Trading in Public Places Local Law 1999.

 

2.         NOTE that a late submission was received from the Wanneroo Business Association by email on 4 February 2008.

 

3.         NOTE that as the comments from the Wanneroo Business Association did not identify specific amendments to the City of Wanneroo Local Laws further consideration will be given to their comments during the development of amendments to the respective Local Laws.

 

4.         ADOPT BY ABSOLUTE MAJORITY the Review Report detailing the proposed changes to the Local Laws as presented at Attachment 2.

5.         DETERMINE BY ABSOLUTE MAJORITY to commence the process under Section 3.12 of the Local Government Act 1995 of amending or repealing the Local Laws as laid out in the Review Report.

CARRIED UNANIMOUSLY &
BY ABSOLUTE MAJORITY

 

 

ATTACHMENT 2

 

Wanneroo Business Association (WBA) - Submission

 

Health Local Law 1999

Part 4 Eating Houses

Clause 4.7 Eating Areas

 

The WBA indicated there may be a need for a review of the appropriateness of the current clauses relating to “eating houses”. It was suggested in their submission that the current outdoor dining restrictions may require clarification.

 

The WBA seeks input at the next stage of preparing the review.

 

 

Parking and Parking Facilities Local Law 2003

Parking in Laneways

 

During the consultation with the City’s staff, comment was made that there appeared to be no control on parking in laneways unless a sign placing parking restrictions was installed. It was considered that to install signs throughout the City area was not a realistic approach. It was proposed that a method of introducing broad or general controls in the City should be contemplated.

 

The WBA has noted that parking is a major issue for WBA members and the WBA seeks greater input into application of parking restrictions in business premises within the City of Wanneroo. Before any amendment to any present parking laws the WBA seeks prior consultation and input.

.

 

Signs Local Law 1999

 

The Local Law should be reviewed to ensure that the requirements of the Local Law are consistent with the Signage Strategy developed by the City and where appropriate initiate an amendment to the Local Law.

 

 

The WBA indicated it had input into the drafting of the initial signage strategy and seeks input into the next stage of preparing the review.

 

 

BHW Comment

 

BHW summarised that as there are no specific comments made as to what changes the WBA would like to see in respect to the laws listed above, it would be appropriate during the development of amendments to the Local Laws to discuss any proposal with the WBA

 

Internal Comments received from Council Officers

 

ANIMALS LOCAL LAW 1999

 

Health Services

 

Propose that within the Animals Local Law 1999 there should be a definition of “beehive”, and specifically whether the definition of “bee“ and “beehive’ includes bees that swarm but do not have a hive. 

 

Comment:  It is recommended that legal advice be sought on this matter at the time of developing any proposed amendment to this Local Law.

 

Ranger Services

 

Propose that Clause 14 – Maximum Number of Dogs be amended to ensure that subclause (b) is clear that 6 dogs over the age of 3 months can only be permitted to be kept if the property has an area of 4 hectares or more, unless the premises are licensed as an approved kennel establishment or an exemption has been granted in accordance with S26(3) of the Dog Act 1976. 

 

Comment:   It is recommended that the clause be appropriately amended to provide that the area (size) of the property is the determining factor in whether to allow 6 dogs and not the zone.

 

In consequence the local law to incorporate the following amendments:-

·         Clause 6 - Definitions

Include a definition of cage or enclosure or loft.

Include a definition of “beehive”.

·         Clause 13 – Fencing Requirements

Repeal clause 13(3).

·         Clause 14 – Maximum Number of Dogs

Amend clause 14(b) to ensure that the clause is clear that 6 dogs over the age of 3 months can only be permitted to be kept if the property has an area of 4 hectares or more, unless the premises are licensed as an approved kennel establishment or an exemption has been granted in accordance with S26(3) of the Dog Act 1976. 

·         Clause 34.2(b)

The distance that a cage or enclosure or loft is required to be located away from a dwelling house be changed to require it to be a distance of 9 metres from any dwelling house other than the property on which the loft/cage/enclosure was situated.

·         Clause 53 - Limit on Liability

Repeal clause 53.

First Schedule – Offences and Modified Penalties

Amend offences and modified penalties in keeping with current standards including an increase in penalties listed in Part 2 – Dogs in respect to dangerous dogs.

 

BUSHFIRE BRIGADES LOCAL LAW 2001

 

Mike Teraci, Community Fire Manager, Chief Bush Fire Control Officer

 

Proposing that the Bushfire Brigades Local Law 2001 be repealed. This proposal was made after meeting with the Brigade Executive.

 

Comment:  There does not appear to be any particular reason that Bushfire Brigades Local Law 2001 should not to be repealed, if that fits with the views of the Council. Care, however, is required to ensure effective policy measures are in place to enable the proper management of bushfire matters within the Council.

 

It is recommended that subject to adequate policy being instituted that the Bushfire Brigades Local Law 2001be repealed.

 

EXTRACTIVE INDUSTRIES LOCAL LAW 1998

 

Advice has been received that since the review discussion paper was endorsed by the Council, the Executive Management Team of the City has decided that the Extractive Industries Local Law 1998 should be reviewed in a similar manner to all other local laws.

 

On that basis the following changes are proposed to the Extractive Industries Local Law 1998.

 

·         General

(i)          Wherever the word Shire appears change to City; and

(ii)        Amend the Local Law to reflect current statutory authority names, changes to the description of legislation and codes.

 

·         Clause 6(e)(i) – Application of this Local Law

After “subdivision” insert “or development approval”.

 

·         Clause 8 – Application for License

 

Clause 8(1)(b)(ix)

Add the words “water supply,” after the word “buildings”.

 

Clause 8(1)(b)(xi)

Add the words “sand drift,” after the word “minimise”.

 

Clause 8(1)(f))

Amend the reference to “clause 9 (a) and (b)” to read “clause 9(1)(a) and clause 9(1)(b)”.

 

Clause 8(1)

Insert two new subclauses 8(1)(k) to read “(k) copies of any environmental approval required under any environmental legislation” and 8(1)(l) to read “(l) copies of any geotechnical information relating to the excavation site”.

 

·         First Schedule

Review the modified penalties in the First Schedule.

 

Comment:  It is recommended that these matters be incorporated into any proposed amendments of this Local Law.

 

HEALTH LOCAL LAW 1999

 

It is noted that the Health Act is currently being reviewed however, the Department of Health has advised that the Council should continue with the review of this Local Law as any new health legislation will contain transitional provisions that ensure the continuance of existing health local laws.

 

The Health Services Unit provided a number of possible amendments to the Health Local Law 1999 as follows:

 

·         Clause 1.5 Interpretation

Include a new definition of “CEO”, “Health Technical Officer” and “water”.  Amend the definition “Environmental Health Officer”.   Delete the interpretation of “restaurant” and “takeaway”.  This will require consequential changes throughout the Health Local Law 1999.

 

·         Clause 2.6 – Outdoor Festivals

Amend the requirements for the holding of outdoor festivals to adopt the Health Department Guidelines for Concerts, Events and Organised gatherings.

 

·         Clause 3.5 Rain water tanks

Insert a new clause 2 as follows:

       (2) The owner of occupier of a house for which its entire water supply is drawn from a rain water tank shall ensure that the storage capacity of the tank is not less than 90,000 litres.

 

·         Part 4 – Eating Houses

 

Delete Clause 4.4 Application for registration of an eating house, Clause 4.5 License to conduct an eating house and Clause 4.6 License conditions, and insert the following new clauses:

 

4.4        Application for registration of an eating house

 

(1)        Where an eating house is not registered on the date the application is made to the local government, the application for registration of the eating house under this Local Law shall be made in the forms prescribed in Schedules 1 and 2, which shall be forwarded to the CEO together with the documents prescribed in Schedule 2 and the fee referred to in subclause (3).

 

(2)        Where an eating house is registered on the date the application is made to the local government, the application for the registration of the eating house under this Local Law shall be made in the form prescribed in Schedule 3 and shall be forwarded to the CEO together with the fee prescribed in subclause (4).

 

(3)        For the purposes of subclause (1), the fee prescribed is the fee as fixed from time to time by the local government under section 344C of the Act, but only a pro-rata fee is required to be forwarded where the application is required to be received after the 30^th day of June.

 

(4)        For the purposes of subclause (2), the fee prescribed is the fee as fixed from time to time by the local government under section 344C of the Act.

 

(5)        The City may refuse to consider or determine an application for the registration of an eating house which is not in accordance with subclause (1) or (2).

(6)        The City may require a person making an application under this clause to provide additional information reasonable related to the application before it considers or determines the application.

 

4.5        Certificate of registration

 

(1)        Where an application has been made under clause 4.4, the local government may under section 165(1) of the Act grant the registration of an eating house subject to any conditions it considers appropriate.

 

(2)        Where the registration of an eating house has been granted under section 165(1) of the Act, the local government shall issue a certificate of registration in the form prescribed in Schedule 4 to the applicant for registration (the “Certificate of Registration”).

 

(3)        Where any conditions are imposed under subclause (1)-

 

(a)         they shall be stated on the Certificate of Registration; and

(b)        the proprietor, or the licensee if any, of the subject eating house shall comply or cause to be complied with those conditions.

 

(4)        The registration of an eating house takes effect on and from the date stated on the Certificate of Registration and has effect until the following 30 June unless sooner cancelled under section 165(1)(c), 167 or 170 of the Act.

 

4.6        Approval required for alterations to eating house

 

(1)        A licensee shall not commence or carry out or permit to be commenced or carried out any alterations or additions to an eating house without first applying for and obtaining the local government’s approval under this clause.

 

(2)        An application for approval to commence or carry out alterations or additions to an eating house shall be made in the form prescribed in Schedule 5 and shall be forwarded to the CEO together with the documents prescribed in that form.

 

(3)        The local government may refuse to consider or determine an application under this clause which is not in accordance with subclause (2).

 

(4)        The local government may require a person making an application under this clause to provide additional information reasonably related to the application before it considers or determines the application.

 

(5)         The local government may in respect of an application made under this clause:-

 

(a)         approve the application, with or without conditions; or

(b)        refuse the application if-

 

                   (i)      the eating house does not have a current Certificate of Registration;

                   (ii)     the alterations or additions will not be constructed or carried out in any respect in accordance with this Local Law;

                   (iii)    the alterations or additions once carried out will cause the eating house not to be constructed in any respect in accordance with the Local Law;

                   (iv)    there is an outstanding notice issued by the local government to the proprietor of the eating house that requires the carrying out of alterations, amendments or repairs to the eating house; or

                   (v)     in its opinion, the eating house is not being maintained or the business of the eating house is not being carried on in accordance with this Local Law.

 

(6)         Where the local government approves an application made under this clause, it shall issue an approval in the form prescribed in Schedule 6.

 

(7)        Where any conditions are imposed under subclause (5)(a), they shall be stated on the approval issued under subclause (6).

 

(8)        Where the local government has issued an approval under this clause, the licensee shall comply or cause to be complied with the terms and conditions of approval.

 

(9)        Where a licensee has contravened subclause (1), the licensee may apply to the local government for retrospective approval of the alterations or additions (“application for retrospective approval”) and subclauses (2) to (8) shall apply to such an application.

(10)      In exercising its powers under subclause (9) on an application for retrospective approval, the local government may approve in part, with or without conditions, the application and refuse to approve another part of the application.

 

(11)      An approval granted to an application for retrospective approval, or to part of an application under subclause (10), shall not-

 

(a)        prevent the local government or an Environmental Health Officer from taking action, including prosecution, for the breach of subclause (1); or

                   (b)       be taken as approving the alterations and additions prior to the date of approval.

 

4.7       Application for licence for proprietor of an eating house

 

(1)       An application for a licence to establish or carry on the business of an eating house shall be-

 

(a)     made in the form prescribed-

 

(i)      in Schedule 3 where the proprietor is a licensee of the eating house at the time the application is made, together with the fee prescribed in subclause (2); and

 

(ii)     in Schedule 1 where the proprietor is not a licensee of the eating house at the time the application is made, together with the fee prescribed in subclause (3).

 

(2)        For the purpose of subclause (1)(b)(i), the fee prescribed is the fee as fixed from time to time by the local government under section 344C of the Act.

 

(3)        For the purpose of subclause (1)(b)(ii), the fee prescribed is the fee as fixed from time to time by the local government, but only a pro-rata fee is required to be forwarded where the application is required to be received after the 30^th day of June.

 

(4)        The local government may refuse to consider or determine an application for a licence to establish or carry on the business of an eating house which is not in accordance with subclause (1).

 

(5)        The local government may require a proprietor making an application under this clause to provide additional information reasonably related to the application before it considers or determines the application.

 

4.8       Licence for proprietor for an eating house

 

(1)        Where an application has been made under clause 11, the local government may under section 166(1) of the Act grant a licence to the proprietor of an eating house subject to any conditions it considers appropriate.

 

(2)        Where a licence has been granted to a proprietor under section 166(1) of the Act, the local government shall issue a licence to the proprietor in the form prescribed in Schedule 7, and shall state on that licence any conditions imposed under subclause (1).

 

(3)        A licensee shall-

 

(a)        display in the eating house in a position visible to the general public the licence and the current Certificate of Registration;

 

(b)       upon the request of an Environmental Health Officer, produce to him or her the licence and the current Certificate of Registration;

 

            (c)        notify the CEO in writing-

 

(i)      of any change in her or his address as stated on the licence within 14 days of the change;

 

(ii)     of any circumstances affecting the eating house which may result in food being, or having been contaminated, directly upon becoming aware of the same; and

 

(iii)    prior to any increase in the number of persons, including the proprietor, engaged in the preparation, manufacture, processing, cooking or serving of meals, form the maximum number approved by the local government;

 

            (d)       comply with each condition imposed on the licence under subclause (1);

 

(e)        comply with each condition stated on the current Certificate of Registration for the eating house; and

 

            (f)        comply or cause to be complied with the provisions of-

 

(i)      the Health (Food Hygiene) Regulations 1993 which apply to the eating house as classified under Schedule 3 of those Regulations; and

 

(ii)     Chapter 3 of Volume 2 of the Code adopted by the Health (ANZ Food Standards Code Adoption) Regulations 2001, but where there is any relevant inconsistency between Chapter 3 of Volume 2 of  the adopted Code and the Health (Food Hygiene) Regulations 1993 the latter shall prevail and be complied with by the licensee to the extent of the inconsistency.

 

(4)        A licence takes effect on and from the date stated on the licence as issued under subclause (2) and has effect until the following 30 June, unless sooner cancelled under section 166(1)(c) or 170 of the Act or rendered null and void under section 167 (4) of the Act or terminated under section 168 of the Act.

 

4.9       Application for transfer of licence

 

(1)        A person may, before the expiration of a licence, apply to the local government for the transfer of the licence.

 

(2)        An application for the transfer of a licence shall be-

 

            (a)        made in the form prescribed in Schedule 8;

 

(b)       signed by the proposed transferee of the licence (the “transferee”) and the proprietor named in the licence; and

 

(c)        forwarded to the CEO together with the prescribed fee, being the fee as fixed from time to time by the local government under section 344C of the Act.

 

(3)        The local government may refuse to consider or determine an application for the transfer of a licence, which is not made in accordance with subclause (1) or (2).

 

(4)        The local government may require a person making an application under this clause to provide additional information reasonably related to the application before it considers or determines the application.

 

4.10     Power to grant or refuse an application for transfer of licence

 

(1)        The local government may in respect of an application for the transfer of a licence made under clause 4.9-

 

(a)        approve the application, with or without conditions, and any conditions of that approval shall be stated on the endorsement or licence referred to in subclause (2); or

 

(b)       refuse the application for any reason that constitutes a ground on which the grant of a licence may be refused under this Local Law or the Act.

 

(2)        Where the local government approves an application for the transfer of a licence, it may do so either by-

 

(a)        completion of an endorsement on the licence to the effect set out in Schedule 9, signed by the Co-ordinator Health Services; or

 

(b)       the issue of a licence to the transferee, as proprietor, in the form prescribed in Schedule 7.

 

(3)        An approval under subclause (1) takes effect on and from the date specified in the endorsement made under subclause (2)(a) or on the date the licence is issued under subclause (2)(b), until the licence expires under clause 12(4).

 

(4)        On and from the date of effect of a transfer of a licence under this clause, the transferee shall comply with all of the conditions to which the licence as transferred is subject, together with all of the matters set out in clause 4.8 (3).

 

·         Clause 5.1 Interpretation

Amend the current definition of “refuse disposal site” to delete reference to Tamala Park Refuse Disposal Site as the only disposal site for use by the City of Wanneroo.  Insert a new definition for liquid refuse, liquid waste, small scale and wash down.

 

·         Clause 5.8 Removal of Rubbish or Refuse

Amend the current definition of “refuse disposal site” to delete reference to Tamala Park Refuse Disposal Site as the only disposal site for use by the City of Wanneroo residents.  The wording should allow for an authorised or approved site not necessarily within the City of Wanneroo.

 

·         Clause 5.10 (2) Deposit of Refuse (Pick-up of Rubbish – Verge Collection)

Amend the clause to provide clarification on when a person is invited to place refuse on the verge for collection via the regular “verge” collection scheme is required.

 

·         Clause 5.12(3) Suitable enclosure, at the end of the clause the following:

“An enclosure is deemed suitable if it meets the following requirements:

 

(a)        minimum internal dimensions of 3500mm by 2500mm by 1800mm high, with no internal projections;

     

(b)        an opening of at least 2700mm, with gates that swing outwards if receptacles are visible from the road.  Gates are not to open across the driveway and are to have bolts fitted to each gate to hold them open or closed;

 

(c)        a restraining bar (50mm galvanized iron pipe or similar, that is 2000mm long) which stands 200mm above the base and is fitted to the floor of the enclosure, 150mm clear of the rear wall;

     

(d)       a floor of at least 100mm thick concreted graded at 1:100 to a 100mm industrial floor waste; and

 

(e)      a hose cock connected to an adequate supply of water.”

 

·         Insert new clauses 5.14, 5.15 and 5.16 as follows:

 

5.14     Deposit of liquid refuse and liquid waste

 

(1)       A person shall not deposit or cause or permit to be deposited liquid refuse or liquid waste-

 

            (a)        on a street;

            (b)        in a stormwater disposal system; or

(c)        on any land or place other than a place or depot duly authorised for that purpose.

 

5.15     Disposal of liquid waste

 

(1)        The owner or occupier of premises shall-

 

(a)        provide, by one of the methods prescribed in this clause, for the disposal of all liquid waste produced on the premises; and

 

(b)        at all times maintain in good working order and condition any apparatus used for the disposal of liquid waste.

 

(2)        Liquid waste shall be disposed of by one of the following methods-

 

(a)        discharging it into the sewerage system of a licensed water service operator in a manner approved by the licensed water service operator;

 

(b)        discharging it into an apparatus for the treatment of sewage and disposal of effluent and liquid waste approved by the Executive Director, Public Health.

 

(c)        collection and disposal at an approved liquid waste disposal site in a manner approved by the Executive Director, Public Health.

 

5.16     Disposal of liquid waste from small scale mechanical equipment wash down bays

 

(1)        Liquid waste from small scale mechanical wash down bays in small scale premises shall be-

 

(a)        discharged to the sewer subject to approval of the licensed water services operator of the sewer; or

 

(b)        where sewer is not available-

 

(i)           disposes of on-site as approved by the Co-ordinator Health Services; or

 

(ii)          disposed of off-site, in accordance with the requirements of the Department of Environment, Water and Catchment Protection – Division of Waste Management.

 

·         Clause 6.3

At the end of clause 6.3 (a) remove the words “keep the water” and insert “take adequate and reasonable measures to prevent mosquitoes breeding which may include:

(i)   maintaining the water stocked with mosquito predatory fish;

 

·         Clause 6.5

Amend interpretation of rodent to “means those animals belonging to the order Rodentia and includes rats and mice but does not include native rodents, laboratory bred rats and mice, or those kept as pets in an enclosure designed for the purpose of keeping pets, animals of that kind.

 

·         Clause 7.14

Insert new clause (c) as “provide exit signs that conform with AS/NZX 2293 on all designated exits, as required by the Building Code” and adjust numbering of other clauses accordingly.

 

·         Clause 7.17

Insert new clauses 7.17(1)(d) and (e) as follows:

 

7.17(1)(d)      which is not adequately lit or ventilated; or

            (e)      which is not free from internal dampness.

 

·         Clause 8.1

Amend interpretation of offensive trade as follows:

 

“offensive trade” means any one or more of the trades, businesses or occupations usually carried on, in or connected with, the following works or establishment –

 

(a)    fish processing, shellfish and crustacean processing premises;

(b)    fish curing and fish canning premises;

(c)    flock factories;

(d)    laundries, dry cleaning premises and dye works;

(e)    any trade as defined by section 186 of the Act.

 

·         Clause 8.10 and Clause 8.11

Insert new clauses 8.10 and 8.11 as follows:

 

8.10           Cleanliness

 

(1)              The occupier shall-

 

(a)        ensure the premises is kept and maintained in a clean and sanitary condition and that floors, walls, ceilings and other portions of the premises are kept in a state of good repair;

 

(b)        ensure all fittings, fixtures, appliances, machinery, implements, shelving, furniture, bins, sinks, drain boards, grease traps, tubs, vessels and other things used on or in connection with the premises are kept in a clean and sanitary condition in a good state of repair.

 

(c)        keep the premises free from offensive odour arising from the premises;

 

(d)       maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores or outbuildings used in connection with the premises; and

 

(e)        clean daily and at all times keep and maintain all sanitary conveniences and all sanitary fittings and grease traps on the premises in a clean and sanitary condition.

 

8.11          Effluvia, vapours or gases

 

(1)             The occupier shall provide, use and maintain in a state of good repair and working order, appliances cable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases arising in any process of the business or from any material, residue or other substance which may be kept or stored upon the premises.

 

·         General

Throughout the Health Local Law 1999 amend various definitions particularly relating to Australian Standards, local government and Building Code.  Provide a clear definition for ownership and process for recycling.

 

·         Schedules

Insert new Schedules 1 to 17.

 

Comment:  It is recommended that these matters be incorporated into any proposed amendments of this Local Law.

 

LOCAL GOVERNMENT AND PUBLIC PROPERTY LOCAL LAW 1999

 

Brian Gee, Engineering Maintenance

 

Proposing that Clause 50(d) of the Local Government and Public Property Local Law 1999 allow for the placement of sea containers on property verges to be effectively managed.

 

Comment:  Whilst it is likely that the current wording of this Local Law will allow adequate control, the matter should be placed beyond any doubt.

 

It is recommended that these matters be incorporated into any proposed amendments of this Local Law as follows:-

 

·         Clause 6 Definitions

Include a definition of “beach” and “sand dune” within the Local Law.

·         Part 4 Use of Local Government and Public Property

·         Clause 25 – Prohibited activities

Prohibited activities listed in this include model powered boats and model aircraft.

·         Part 7 Reserves, Beaches and Bathing

Amend Part 7 of the City of Wanneroo Local Government and Public Property Local Law 1999 to include a specific definition of what would constitute organised activities on the beach.

·         Part 8 Activities in Thoroughfares

 

·         Clause 48 Verge Treatment

Amend this clause to prohibit gravel, crushed brick or loose stone as verge treatment finishes.

 

·         Clause 50 Owners or Occupiers Responsibility for Verge Treatments

 

·         Clause 50(d)

Amend clause 50(d) to restrict or prohibit clothing bins within the Council boundaries.

Amend clause 50(d) to clarify that the reference to “no obstructions on or around any verge treatment” includes the placement of sporting equipment on the verge such as a basketball ring, cricket wickets etc.

Amend clause 50(d) to control the placement of sea containers on property verges.

·         Clause 53 Verge Crossing Treatment

Amend clause 53 to change the wording from "may only install or have installed a vehicle crossing" to "must install or have installed a vehicle crossing".

·         Clause 65 Limit on Liability

Repeal clause 65.

·         First Schedule – Offences and Modified Penalties

Amend the First Schedule to include a penalty for an offence against clause 53 and clause 54.

Amend the First Schedule to impose the same penalty for all offences and to increase the penalty from the current $50 and $100 to an amount of $125 for each offence.

 

PARKING AND PARKING FACILITIES LOCAL LAW 2003

 

·         First Schedule – Parking Region

Amend sub-clause (c) to reflect the current arrangements with the Commissioner of Main Roads.

·         Second Schedule - Prescribed Offences

Amend the Second Schedule to impose the same penalty for all offences and to increase the penalty from the current $50 and $100 to an amount of $100 for each offence.

·         Parking in Laneways

Consider suitable amendment to introduce broad or general controls on laneways in the City of Wanneroo.

 

PRIVATE PROPERTY LOCAL LAW 2001

 

·         Clause 1.6 Definitions

Dangerous Trees

Include a definition of “dangerous trees” within this Local Law.

State of disrepair

Amend the current definition of “state of disrepair” by deleting the last sentence in the definition and adding the following:

“….The term includes vehicles which are not road registered or cannot be legally used on the roads by virtue of their condition.”

·         Clause 7.1.1(a) Security and Floodlights

Amend the reference to 1 lux illumination to 10 lux.

·         Clause 7.1.1(b) Security and Floodlights

Amend clause 7.1 (1) (b) wording to read as follows:

"The installation height of each floodlight or security light must not exceed 3 metres above natural ground level and it must be positioned so that each light points vertically down. The installation angle must not exceed twenty degrees from vertically down."

·         Part 10 Vehicle Storage, Wrecking, Fibreglassing and Spray Painting

Include a new clause 10.1 as follows:

10.1      Parking and storage of NON-COMMERCIAL vehicles generally:

10.1.1   Only vehicles which are operational and registered for on-road use may be parked or stored in the front set-back of residential properties.

Any vehicle which is not operational and road registered may only be stored within a garage, or in the rear set-back, screened so as not to be visible from beyond the property boundaries.  The use of vehicle covers within the front set-back does not qualify as screening under this clause.

Any vehicle, whether road registered or not, which is longer than 10 metres, wider then 2.5 metres or higher than 3 metres, may not be stored at a residential lot.

Amend the current clause 10.1 to 10.2 with consequential changes for the balance of the Part.

·         Clause 14.2 Limit on Liability

Repeal clause 14.2.

·         Fifth Schedule – Offences and Modified Penalties

Amend the Fifth Schedule to increase the penalties generally by $50 for all offences which would make them $150 and $250 respectively.

·         Schedule of Fees and Charges

Amend the Schedule of Fees and Charges to allow adoption by the City of Wanneroo under S6.16 of the Local Government Act 1995 or if this is not legally acceptable alter the current fees to reflect current costs of providing the service.

·         General

Dumping of oil by a private person (as opposed to dumping by commercial interests)

 

·         Consider including a clause to control the dumping of oil by a private person.

 

SIGNS LOCAL LAW 1999

 

·         Clause 15 – Licence Exemptions

Clause 15(1)(b)

Amend the Local Law to increase the size restriction for property disposal signs to 2m2 (currently 1.2m2).

Clause 15(1)(f)

Amend the Local Law to limit the area of window signage permitted to 50% (currently no restriction) of the glazed areas of any one window or 10m2 in aggregate per tenancy.

Clause 15(1)(l)

Amend the Local Law to exempt from obtaining a licence, rural producer’s signs not exceeding 3 metres in height and 3m2 in area.

·         Clause 36 Limit on Liability

Repeal clause 36.

·         General

The Local Law be reviewed to ensure that the requirements of the Local Law are consistent with the Signage Strategy developed by the City and where appropriate initiate an amendment to the Local Law.

 

STANDING ORDERS LOCAL LAW 2000

NOTE that the REPEAL and REPLACEMENT of the current City of Wanneroo Standing Orders Local Law 2000 will be considered as a separate report to this item.

TRADING IN PUBLIC PLACES LOCAL LAW 1999

 

Health Services Unit

 

The Council’s Health Services Unit have proposed the following changes to the Trading in Public Places Local Law 1999:

 

·         Clause 6 - Definitions

Amend the definitions to reflect the following:

Eating House – Needs to be in accordance with the Health Act 1911, current definition is incorrect. 

Public Place –The current definition is too broad and too inclusive.  Need to restrict the extent to which the local law is applicable on private property.

·         Part 3 - Outdoor Dining:

Amend the Local Law to take account of the following comments:

14(a) – include eating house… and “approved food premises licensed under the Liquor Licensing Act 1988”.

16(1)(a) – change reference of eating house to include approved food premises licensed under the Liquor Licensing Act 1988.

17(1)(c)(ii) - change reference of eating house to include approved food premises licensed under the Liquor Licensing Act 1988.

19(1)(b) - change reference of eating house to include approved food premises licensed under the Liquor Licensing Act 1988.

21(1)(e) – add “ensure payment of” at beginning of clause.

·         Part 4 - Street Markets

Amend the Local Law to take account of the following comments:

27(1)(a)(i) – change to “Certificate of Approval, stating maximum occupancy numbers”.

27(1)(a)(ii) – remove this clause as electrical compliance certificate not issued by local government.

·         Part 5 - Street Trading

Amend the Local Law to take account of the following comments:

33(1)(a) –to display a copy of licence instead.

·         Part 6 Street Entertainment

 

·         Clause (34) (a) - Prohibition

Amend clause 34 to allow the issue of a license for street performance activities.

·         Clause 39 Responsibilities of Licensee

Review current clauses, particularly Clauses 39(1)(a), 39(1)(d), 39(1(f), 39(1)g), 39(2)(e), 39(4) (a), 39(4) (b) and 39(4)(c) appear with the view) to making them less restrictive and more practical.

·         Clause 46- Limit on Liability

Repeal clause 46.

·         Clause 48 - Public Liability Insurance and Indemnity

Review Clause 48 to reflect current practices in respect to public liability insurance in particular whether there is a need to include the name of Council in any public liability policy obtained by a licensee.

·         First Schedule – Offences and Modified Penalties

Amend the First Schedule to increase the penalties generally by $50 for all offences which would make them $100, $150 and $250 respectively.

It is proposed to increase the penalties generally by $50 for all offences which would make them $100, $150 and $250 respectively.

·         New Schedules

Insert two new Schedules to cover Application for a Street Trading Licenses and Street Trading Application Form. 

 

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File Ref:                                              S09/0249V01

Responsible Officer:                           Director Governance and Strategy

Disclosure of Interest:                         Nil

Author:   Nicky Barker

Meeting Date:   11 March 2008

Attachment(s):                                    1

 

Moved Cr Truong, Seconded Cr Treby

That Council:

1.       ADOPT BY ABSOLUTE MAJORITY the review of the City of Wanneroo Standing Orders Local Law under Section 3.16 of the Local Government Act 1995 and the repeal and replacement as detailed below;

2.       COMMENCE the process under Section 3.12 of the Local Government Act 1995 to repeal and replace the City of Wanneroo Standing Orders Local Law.          

CARRIED UNANIMOUSLY &
BY ABSOLUTE MAJORITY

2008

2008

NOTE:  Admin Amendment – Clause 4.2(5) the word “left” to be replaced with  “right”.

NOTE:  Admin Amendment – Clause 4.2(2) to be deleted and following clauses renumbered sequentially.

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File Ref:                                              S09/0065

Responsible Officer:                           A/Director, Governance and Strategy

Disclosure of Interest:                         Nil

Author:   Nicky Barker

Meeting Date:   11 March 2008

File Name: AA Review of the City of Wanneroo Code of Conduct.doc This line will not be printed dont delete

Attachment(s):                                    1

 

Moved Cr Truong, Seconded Cr Treby

That Council ADOPT the Council Members Code of Conduct and the Committee Members Code of Conduct as detailed below:-