Agenda of Ordinary Council Meeting

Item PS04-04/11 – Retrospective Development Application – Change of Use from Single House to Place of Worship and Educational Establishment including Incidental Restaurant (Café) and Shop at 82 Ocean Keys Boulevard, Clarkson

What options and support does the City intend to offer marginalised young people who are not able to access education in the normal manner and who are looking for a community to respond to their needs?

Response by Cr Roberts

Taken on notice.

Further Response by Director Planning and Sustainability

The Council’s consideration of this application is based on the appropriateness or otherwise of the proposal based on town planning principles and land use matters.

Other locations and premises where the use is permissible should be considered by the applicant.

3.2 Ms K Bennett, Kingsway Road, Landsdale

Item CR01-04/11 – Reconsideration of the Draft East Wanneroo Cell 9 – East Landsdale Local Structure Plan No. 57 – Lot 165 (474) Kingsway, Landsdale

1. Is it fair that the current East Landsdale Draft Local Structure Plan allocates all of Lot 165 Kingsway Road, including our home of 35 years and all the associated improvements, which are worth well over $2 million, as Public Open Space on the Structure Plan?

2. Will the City of Wanneroo be responsible for compensation for all of the land and improvements on Lot 165, even though the proposed structure plan, which is, we believe, a fair compromise, will significantly save an amount of compensation payable for both the land and improvements and doesn’t disadvantage other landowners?

3. While this is a complex issue, is there any need for more than half of Lot 165 as Public Open Space when the nearby primary school has ample outdoor playing areas which, when combined with the adjoining Public Open Space area on the proposed structure plan, will provide sufficient land area for a full sized football oval if needed?

Response by Cr Roberts

Taken on notice.

Further Response by Director Planning and Sustainability

1. The structure planning for East Landsdale has been undertaken over a period of years and has been the subject of public consultation on at least two occasions. The structure planning process makes provision for land required for Public Open Space (POS) or other public purposes to be purchased by the City through District Planning Scheme No. 2.

2. Through the provisions of District Planning Scheme No. 2, the City will compensate any landowner affected by a requirement such as the need to provide POS in the area.

3. A reduction in the size of the POS will prevent the establishment of a appropriately orientated senior oval and associated facilities. Further, there is no obligation for the proposed primary school site to contribute to the provision of a senior playing field in the locality.

3.3 Mr C Tenni, Ocean Keys Boulevard, Clarkson

1. Has the applicant considered the vacant commercial premises around the corner from us, which are approved usage for the application?

2. Has the applicant considered the growth of the number of people attending the church and school?

Response by Cr Roberts

Taken on notice.

Further Response by Director Planning and Sustainability

The City notes the questions and suggests that they should be directed to the applicant.

Item 4 Confirmation of Minutes

OC01-04/11 Minutes of Ordinary Council Meeting held on 8 March 2011

That the minutes of Ordinary Council Meeting held on 8 March 2011 be confirmed.

Item 5 Announcements by the Mayor without Discussion

Item 6 Questions from Elected Members

Item 7 Petitions

New Petitions Received

Update on Petitions

Nil

Item 8 Reports

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

Planning and Sustainability

Policies and Studies

PS01-04/11 Policy Finalisation - Local Planning Policy 2.6: Ancillary Accommodation

File Ref: 4083 – 11/23992

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider the final adoption of Local Planning Policy 2.6: Ancillary Accommodation (LPP 2.6) following public advertising of the policy.

Background

The current planning policy, titled ‘Ancillary Accommodation in the General Rural, Rural Resource, Special Rural and Special Residential Zones Local Planning Policy’ (hereafter referred to as the ‘current policy’) was originally adopted in December 2005 (refer to Attachment 1). This policy was due for review in December 2007.

As part of the review of the current policy, Administration has developed a new policy (Draft LPP 2.6; refer to Attachment 2) to be incorporated into the Administration’s Local Planning Policy Framework. LPP 2.6 has been developed with the intent to improve current standards for the assessment of planning applications for ancillary accommodation. LPP 2.6 was formulated to incorporate agreed standards in addition to – but not in conflict with – those stipulated in District Planning Scheme No. 2 (DPS 2) and the Residential Design Codes.

Council has previously considered Draft LPP 2.6 at its meeting on 14 December 2010 and at that time, Council resolved to advertise the policy for public comment.

Consultation

The draft Policy was advertised for public comment for a period of 42 days from 18 January 2011 to 1 March 2011 by way of:

• Advertisements placed in local newspapers for two consecutive weeks on 18 January 2011 and 25 January 2011; and

• Display at the City’s Civic Centre, City’s libraries and on the City’s website.

Administration did not receive any submissions during the 42-day advertising period.

Comment

Administration recommends that Council adopts the Draft LPP 2.6, as presented to Council at its meeting of 14 December 2010, and as shown in Attachment 2.

Statutory Compliance

In accordance with Section 8.11.3.1 (c) of DPS 2, Council is required to review the draft policy in light of any submissions made and must then resolve either to finally adopt the draft policy with or without modification, or not to proceed with the policy.

In accordance with Clauses 8.11.3.1 (d) and 8.11.3.1 (e) of DPS 2, should Council resolve to finally adopt the revised draft policy, notification of the final adoption must be published once in a newspaper circulating in the District and a copy of the policy forwarded to the Western Australian Planning Commission.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.6 Provide and maintain a high standard of governance and accountability”

Policy Implications

Draft LPP 2.6 will supersede the current Local Planning Policy “Ancillary Accommodation in the General Rural, Rural Resource, Special Rural and Special Residential zones”, and establish agreed standards for the City to assess and determine applications for planning approval for Ancillary Accommodation within the City of Wanneroo.

Financial Implications

The cost of advertising the final adoption of LPP 2.6 can be met from existing operational budgets.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES that no submissions were received in respect to draft Local Planning Policy 2.6: Ancillary Accommodation;

2. Pursuant to Clause 8.11.3.1 (c) of District Planning Scheme No. 2 ADOPTS the draft Local Planning Policy 2.6: Ancillary Accommodation included in Attachment 2; and

3. Pursuant to Clauses 8.11.3.1 (d) and 8.11.3.1 (e) of District Planning Scheme No. 2 PUBLISHES notice of its adoption of the Policy in the Wanneroo Times and North Coast Times newspapers, and FORWARDS a copy of the adopted policy to the Western Australian Planning Commission for its information.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 22

PART 1

Policy Operation

Policy development

This policy has been prepared under the provisions of clause 8.11 of the City of Wanneroo District Planning Scheme No. 2 (DPS 2).

Application and purpose

This policy establishes agreed standards for the assessment and determination of Child Care Centre development applications and has been applied to supplement the provisions of Part 4 of DPS 2.

Objective

To provide guidance for the design, location and development of Child Care Centres to maximise user convenience and maintain a high level of amenity in residential areas.

Definitions

‘Child care centre’ has the same meaning given to it under DPS 2 and, for the purpose of ensuring consistency with the Western Australian Planning Commission’s Child Care Centre Guidelines, includes premises used for the daily or occasional care of children in accordance with the regulations for child care under the Child Care Services Act 2007.

Related Legislation and Policies

DPS 2, Residential Design Codes and Child Care Services Act 2007.

Responsibility for Implementation

Manager Planning Implementation

Part 2

General Policy Provisions

1. Location

1.1 Road Hierarchy

Child Care Centres are reasonably high traffic generators and therefore should not be located on Primary or District Distributors (or close to the intersections of such roads) where the primary function is to cater for through traffic. Similarly, Child Care Centres should not be located in or adjacent to Access Roads in residential areas where amenity, safety and aesthetics must take priority. Accordingly, these Centres should be located on Local Distributor roads in such a fashion that they will not conflict with traffic control devices and will not encourage the use of nearby Access Roads for turning movements.

1.2. Neighbouring Uses

Wherever possible it is preferred to locate Child Care Centres adjacent to non-residential uses such as Shopping Centres, Medical Centres/Consulting Rooms, Schools, Parks and Community Purpose Buildings to maximise convenience and minimise the impact such Centres will have on the amenity of residential areas.

2. Setbacks

Setbacks shall be in accordance with Clause 4.7 of DPS 2. In residential areas the following variations may be considered:

2.1 Front Setback

If the building is located between two adjoining residences, the building may be setback from the primary street boundary at least as far as the lesser of the two adjoining residences. If the surrounding sites are vacant, variations to the front setback requirements of DPS 2 will not be considered.

2.2 Side and Rear Setbacks

Side and rear setbacks may be reduced (with the exception of setbacks to activity or play areas) in accordance with Table 1, Tables 2(a) and 2(b) and Part 6.3 Boundary set-back requirements of the Residential Design Codes, where it can be adequately substantiated that the variation will not adversely impact on the amenity of adjacent landowners. Care should be taken to ensure outdoor play areas are not located adjacent to private open space or living areas, where practicable.

3. Parking

3.1 Location

All parking areas should be located in front of buildings or at least be easily visible from the entry to the site so that patrons are encouraged to use the on-site parking and not the road verges. Disabled bays shall be located as close as possible to the entry of the Child Care Centre.

3.2 Design

Parking areas should preferably be designed to allow traffic to flow through using entry and exit crossovers so that traffic conflicts and congestion do not unnecessarily restrict the use of the parking area. For the purposes of determining parking requirements, design incorporating through flow are referred to as Type 1 and those accessed only by a two-way crossover as a Type 2 (refer to Figure 1).

3.3 Number of parking bays required

All Child Care Centres must provide a minimum of one parking bay for each staff member and at least five parking bays for up to 25 children. For Centres with more than 25 children the required parking bays are determined by reference to Figure 1. The actual parking requirement for Centres in this category varies with the configuration of the parking area and the number of children.

4. Landscaping

4.1 Onsite

In residential areas, the primary street frontage and corner truncation, where applicable, shall be suitably landscaped and reticulated to a depth of three (3) metres to assist in preserving the character of residential areas. Where car parking areas are located adjacent to secondary streets, the car park shall be setback a minimum of three (3) metres to allow for landscaping. Child Care Centres located in all other areas shall be landscaped in accordance with DPS2.

4.2 Verge

The verge area in front of all Child Care Centres is required to be suitably landscaped, reticulated and maintained to discourage patrons from parking on the verge instead of using the parking areas provided. Under no circumstances is the verge to be paved or sealed as this would encourage its use for parking and detract from the amenity of the area.

4.3 Landscaping Plan

A minimum of 8% of the area of the development site shall be set aside as landscaping. Detailed landscaping and reticulation plans for the subject site and adjacent road verges, shall be lodged for approval by the City. A landscaping plan is to be submitted for approval by the City prior to the issue of a building licence. The use of endemic trees and shrubs are encouraged. The City will not accept landscaping that includes or would result in the creation of potentially hazardous heights, landscape fittings and potentially toxic plant species.

5. Soil Contamination

Any party considering development of a child care centre must obtain and consider any information the Department of Environment and Conservation (DEC) has about the contamination status of a given site. This documentation is to be submitted to the City with the development application.

6. Pedestrian Linkages

Pedestrian access within the site, from the parking area to the entry of the building shall be provided and shall link into existing neighbourhood pedestrian networks where available.

7. Traffic Impact Studies

Where Child Care Centres are proposed within Residential Areas or where the City considers that the Centre traffic may adversely impact on the surrounding area, a Traffic Impact Study will be required.

A traffic impact study should be prepared by a suitably qualified Traffic Consultant and address the following:-

· Site description including naming of roads and nearest intersections;

· Adjoining land uses;

· Existing traffic conditions or Structure Plan indications;

· Traffic flows, daily and peak hour flows, number of heavy vehicles;

· Speed as measured at the 85^th percentile;

· Trip generation;

· Queuing at intersections and entry/egress to parking facilities;

· Road safety for all road users, including pedestrian and cyclists;

· Crash history;

· Parking provisions and requirements, pick-up and drop-off facilities;

· Public transport routes;

· Dual use path locations surrounding the site, internal pedestrian pathways, suitable crossing locations for pedestrians and provision of pram ramps;

· Other matters considered necessary in a particular case.

8. Fencing

If a Child Care Centre is proposed within a Residential Area, fencing within the front setback area shall be in accordance with Part 6.2, Streetscape requirements of the Residential Design Codes and fencing to secondary streets shall be in accordance with the City’s Private Property Local Law. It is preferable that fencing along the secondary street be located behind any required landscaping strip, unless the fence is permeable from natural ground level.

9. Amenity

9.1 Residential Areas

Child Care Centres located within residential areas shall maintain a residential appearance so as to harmonise with the character of the area.

9.2 Windows to Activity Rooms

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

9.3 Acoustic Report

Child Care Centres may potentially generate a level of noise perceived as nuisance to adjacent landowners, as such Child Care Centres will be subject to the assessment of an acoustic report. The report should demonstrate either compliance with the Environmental Protection (Noise) Regulations 1997 or design/specification measures that will need to be incorporated to reach compliance.

10. Consultation

Applications for the development of a child care centre located in an existing residential area will be subject to public consultation in accordance with Clause 6.7 of DPS 2, with a minimum requirement for adjoining neighbours to be consulted and a sign displayed on site. Consultation may not be considered necessary where the location of the child care centre has been predetermined in an agreed structure plan completed prior to any residential development in the vicinity.

11. Required Supporting Information

A list of the required documentation to be submitted with all child care centre development applications is provided in Schedule 1.

Schedule 1

Required supporting information

All applications for Child Care Centres shall consist of the following:-

· A written statement that outlines the number of children proposed, age group breakdown, days and hours of operation, required staff numbers and any other supporting information;

· A location plan depicting surrounding lots and road layout;

· A site contour survey plan prepared by a licensed practicing land surveyor, including location of buildings on adjacent sites;

· A site plan (to a minimum scale of 1:100 or 1:200) depicting the location of all proposed built structures, car parking, landscaping, bin store location, pedestrian and vehicle access ways, crossover location/s, verge area, adjacent roads and any associated road infrastructure (eg. light poles, drainage pits, traffic islands etc). Setbacks to buildings are required to be clearly depicted on the plan;

· Floor plans to a minimum scale of 1:100;

· Elevations to all sides of the building to a minimum scale of 1:100;

· Documentation that consultation with the DEC has been undertaken by the applicant/owner in relation to the contamination status of a given site.

· Traffic Impact Statement if located within a residential area or where the City considers that the Centre traffic may adversely impact on the surrounding area;

· An acoustic report;

· A signage strategy; and

· Other matters considered necessary by the City in a particular case.

Figure 1

Parking for Child Care Centres

PARKING LAYOUT

Type 1 Parking

Type 2 Parking

Children

Bays Required

Children

Bays Required

<40

<25

41-48

26-30

49-56

31-56

57-64

65-72

>72

9 bays plus 1 per 7 children accommodated in excess of

>72

9 bays plus 1 per 7 children accommodated in excess of

Notes: Above bays are for numbers of children only. One additional bay is required for each staff member.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 29

PS03-04/11 Amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation

File Ref: 3516 – 11/25021

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 6

Issue

To consider submissions received in response to advertising of a proposed amendment to Local Planning Policy (LPP) 3.1: Local Housing Strategy (LHS) Implementation.

Background

At its meeting of 6 April 2010 (item PS01-04/10), Council required that an amendment to LPP 3.1 be prepared to:

1. Facilitate higher residential densities in other appropriate locations, not solely in proximity to commercial/activity centres; and

2. Include provisions that set out the manner in which Council will deal with requests for higher residential density codings in areas not covered by the policy.

A report addressing the above matters was considered at Council’s meeting of 14 December 2010 (item PS03-12/10), resulting in Council adopting a draft amendment to LPP 3.1 and requiring that it be advertised for public comment.

Detail

The amendment to LPP 3.1 proposes to:

· Expand the Housing Precincts in Wanneroo, Girrawheen and Koondoola to include additional areas identified for an increase in residential density based on the application of proposed additional criteria;

· Combine the Girrawheen and Koondoola Housing Precincts;

· Include provisions that set out the manner in which Council will deal with requests for higher density codings in areas that do not fall within the Housing Precincts identified by the Policy;

· Raise the Quinns Rocks Housing Precinct from priority 7 to priority 3 for implementation.

Consultation

The amendment was advertised for a period of 42 days, concluding on 1 March 2011. It was advertised by means of notices in local newspapers, displays at City venues, information on the City’s website, and letters sent to all affected landowners.

Comment

Nineteen submissions have been received. These have been summarised in a table in Attachment 1. This includes Administration’s response to each comment made, and a recommendation regarding whether a change should be made to the Policy, or not.

Following is an overview of some of the main comments made in the submissions:

1. Ten of the submissions support the proposed amendment. This is not to say that the other nine submissions do not support it: the infrastructure agencies generally advise that they have no objection to it, and a number of submissions seek some changes to the amendment. Only one of the submissions from landowners could be viewed as opposing the proposed inclusion of their property in a Housing Precinct.

2. The submission which opposed the amendment expressed concerns about possible reductions in land values (while also acknowledging possible increases in values). The purpose of the Policy is primarily to promote density increases in appropriate areas, enhancing the diversity of housing available. Impacts on property values, while naturally of much interest to affected landowners, is not a Policy outcome being sought.

3. Two submissions relate to density changes in Quinns Rocks. While the amendment included this Housing Precinct in terms of raising it in order of priority, it did not deal with it in terms of any new density proposals. This is to be subject to further study and report to Council in due course.

4. The submission by Main Roads WA (MRWA) raises a concern regarding proposed new Criterion 2, which proposes R40 coding within 250m of main bus routes. MRWA advises that this should exclude main bus routes which are also high speed through traffic routes, in particular Wanneroo Road, Marmion Avenue and Alexander Drive. These roads are also designated primary freight routes, which the Western Australian Planning Commission (WAPC) document Directions 2031 and Beyond states should not be treated as ‘urban corridors’ (i.e. appropriate locations for higher density residential). This is due to traffic efficiency and safety concerns. These are considered valid concerns and Criterion 2 is therefore recommended to be accordingly modified.

In applying this recommended change to Criterion 2 to the Wanneroo Housing Precinct, it may be noted that the pocket of land generally to the south of the Wanneroo Showgrounds reserve which previously met both Criteria 2 and 3, and was therefore recommended for inclusion in this Housing Precinct under this amendment (see Attachment 2), now only meets Criterion 3. It is recommended, however, that this pocket of land still be included in this Precinct, on the basis of it being a logical ‘rounding off’ of the Precinct based on proximity to the Wanneroo Town Centre (it is just over 800m from the centre of the Town Centre, a similar distance to the southern part of the Precinct on the east side of Wanneroo Road).

Application of this recommended change to Criterion 2 to the Girrawheen-Koondoola Housing Precinct has no impact on the changes proposed to that Precinct as the areas proposed for addition to that Precinct are all further than 250m from Wanneroo Road (see Attachment 3).

It should also be noted that this recommended change to Criterion 2 has no impact on the areas already included in these Precincts. These areas are included on the basis of proximity to Activity Centres, and the concerns raised by MRWA should be able to be managed within Activity Centres e.g. through traffic calming and provision for safe pedestrian crossing.

5. The submission by RPS Consultants on behalf of A. Ayling seeks extension of the Wanneroo Housing Precinct to include a pocket of land north of Neville Drive, which is the northern boundary of the current Precinct. Having regard for the significant extent of the northern ‘rounding off’ which previously occurred here, as well as the recommended change to Criterion 2, it is recommended that this further extension not be supported.

Recommended Modifications to Amendment to Policy

Arising from assessment of the submissions, a number of modifications to the amendment to LPP 3.1 are recommended, as set out in Attachment 1.

Should these modifications be adopted by Council, the final version of LPP 3.1 will be as shown in Attachment 4 (where the changes shown as ‘track changes’ are those which are the recommended modifications to the amendment).

The plans showing the amended Housing Precinct boundaries will be the same as those which were advertised (see Attachments 2 and 3).

Process following Amendment of Policy

It is important to note that LPP 3.1 itself does not change the R Coding of land, and that an amendment to District Planning Scheme No. 2 (DPS 2) is required to do this.

Following final adoption of this amendment, it is proposed to present a report to Council in the near future to seek Council endorsement of initiation of an amendment to DPS 2 to effect recodings of the Wanneroo and Girrawheen-Koondoola Housing Precincts consistent with LPP 3.1.

Statutory Compliance

Clause 8.11.3 of DPS 2 sets out the procedure for amendment of a Local Planning Policy. The step in that procedure where this proposed amendment is currently at requires that Council review the draft Amendment in the light of the submissions made and shall then resolve either to formally adopt the draft amendment with or without modification, or not to proceed with the draft amendment.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

1.4.1 Identify and prioritise opportunities to revitalise existing neighbourhoods to meed the changing needs of the community;

1.4.2 Encourage the development of more diverse residential and commercial centres;

1.4.3 Promote urban design that creates alternative, distinctive and sustainable neighbourhoods.”

Policy Implications

The proposal will involve an amendment to LPP 3.1.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSES the responses to issues raised in submissions on the draft amendment to Local Planning Policy (LPP) 3.1: Local Housing Strategy Implementation, and the recommended modifications to the draft amendment, as contained in Attachment 1 to this report.

2. Pursuant to Clause 8.11.3 of District Planning Scheme No. 2, FINALLY ADOPTS the draft amendment to LPP 3.1, with the Housing Precinct boundaries being amended as shown on Attachments 2 and 3, and the Policy text being amended as shown on Attachment 4.

3. NOTIFIES those people who made submissions on the draft amendment of this decision.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 33

Local Planning Policy 3.1 – Local Housing Strategy Implementation Amendment Summary of Submissions

Submitter

comment

Response

Recommended Modification

1. Joe & Allison Fiala, Gratwick Way, Koondoola.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

2. Adrian & Richa Fuller, Allinson Drive, Girrawheen.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

3. Geoff & Judith Williams, Buntine Way, Manola Way and Meakers Way, Girrawheen.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

4. Vivien Wickens, Tendering Way, Girrawheen.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

5. R. & T. J. Sanderson, Hadleigh Way, Girrawheen.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

6. Brett Hodge, Casserley Avenue, Girrawheen.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

7. Diana Hewitt, Hurlston Way, Koondoola.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

8. John & Heather Chester, Ilbury Street, Quinns Rocks.

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

9. Risto & Silvana Naumovski, Hadleigh Way, Girrawheen.

Request that 5 Hadleigh Way, Girrawheen be included within the Girrawheen-Koondoola Housing Precinct.

This property is already included in the amended area as R40.

No Change.

10. Wei Wang, Henniker Way, Koondoola.

Request that 12 Henniker Way, Koondoola be up-coded to R60 rather than R40.

The Policy provides that R60 be proposed within 400m of activity centres. This property is approximately one kilometre from the nearest activity centre (Koondoola Neighbourhood Centre).

No change.

11. Shirley Courtney, Henniker Way, Koondoola.

11.1 Questions why the policy bother to have spatial criteria for determining the location of higher density areas, when it also includes provision for areas to be coded R40 which do not comply with that spatial criteria. (The submitters property does not meet the spatial criteria, No. 1-3, of the Policy but is proposed to be included in the R40 area).

11.2 Possibility of increased density of state housing delaying a rise in property values in Koondoola.

11.3 Increase in rental value resulting in an increase in property value from Valuer General’s Department (Property Valuations/Landgate) which would allow the City to increase annual rates.

11.4 “Not sure I can agree to the rezoning with the only positive ‘thought’ that rezoning ‘may’ increase property values”.

The logical rounding off exercise which has resulted in the inclusion of the submitter’s property in the proposed R40 area is considered reasonable, especially considering the proximity of that area to a public primary school with associated playing fields.

Any future increase in state housing will be led by the Department of Housing and, as such, was not a focal point of study for this amendment. Also, it was not the primary purpose of this policy amendment to attempt to increase land prices in the related localities. The sole purpose of this amendment is to facilitate an increase in high quality, diverse housing by way of density increases in appropriate locations. Any increase in property values will be a side-effect to the primary outcome discussed above.

The effect of property value increases on rates is difficult to predict as it also depends on property value changes which may occur over the whole district.

This possible increase in property values is simply a secondary outcome to the main purpose of the Policy Amendment. The Policy is specifically aimed at guiding future housing development in new residential areas, protecting existing residential areas from inappropriate development and ensuring adequate housing diversity is available to meet the changing social and economic needs of the community.

No change.

12. Consultant RPS on behalf of Mr Andy Ayling, Thompson Drive, Wanneroo.

Seeks that the boundary of the Wanneroo Housing Precinct be extended to the north-west to include the area bounded by Wanneroo Road, Neville Drive and the Scenic Drive road reserve land (see Attachment 5) for the following reasons:

1. Close proximity to public transport, with a main bus route (Route No. 468) running along Wanneroo Road.

2. Close proximity to areas of high amenity, including the public open space system associated with the Scenic Drive public accessway and Lake Joondalup Reserve.

3. Close proximity to community centres, including the existing ABC Child Care Centre on Wanneroo Road and the Kindergarten on Neville Drive.

4. Direct access to a major arterial route, being Wanneroo Road, which is capable of providing sufficient vehicular access to local and regional services and facilities.

5. Re-development of the land cell would represent an improvement in the physical quality of the built environment (consistent with the City of Wanneroo Strategic Plan 2006-2021).

6. Re-development would promote a range of lot sizes to cater for different lifestyles (consistent with City of Wanneroo Smart Growth Strategy).

7. The improved built form would assist in the gentrification of this part of Wanneroo, creating a ‘pride of place’ amongst the community.

It is acknowledged that a portion of the land cell does fall outside the generic 800m radius of the Wanneroo Town Centre. However, as outlined in the draft amendment to LPP 3.1, areas that fall outside of a criterion distance can still be included in an R40 coded area, where they form:

a) Gateway to the identified centre; and/or

b) A logical land cell (defined by clear physical boundaries) in conjunction with other lots identified for R40.

The land cell that is proposed to be included in the Wanneroo Housing Precinct is clearly defined by Wanneroo Road to the east, Neville Drive to the south, Scenic Drive Public Accessway to the west and to the north.

The R40 areas shown on the Cell Structure Plans (Cell 1 and Cell 2) were justified based on their proximity to Wanneroo Road, being a main public transport route and major arterial. Given this context and similar distance to the Wanneroo Town Centre of these existing R40 coded areas, it is considered that inclusion of the land cell identified on the attached plan would represent a logical “rounding-off” of R40 coded land in this precinct.

Additionally, with appropriate pavement and landscape treatments, this area could also form a “gateway” for the Wanneroo Town Centre, when approaching from the north along Wanneroo Road.

1. Should the recommendation made in this report regarding main bus routes excluding high speed through traffic routes and designated primary freight routes be accepted, then Wanneroo Road will not be regarded as a main bus route, and the issues raised about traffic efficiency and safety on these routes will be applicable here.

2. Agreed that the open space areas to the west of the subject area are considered of high amenity.

3. While the existing nearby child care centre and kindergarten are important local community facilities, they do not justify this proposal.

4. Wanneroo Road is a readily accessible major arterial route and therefore meets this aspect of Criterion 4 of the Policy.

5-7. These reasons, while valid, could apply to many areas of the district.

The reasons relating to ‘rounding-off’ of the Precinct need to be considered having regard for the fact that the City has already applied a substantial ‘rounding-off’ extension in this northern part of this Precinct. (See Attachment 6 which shows the extent that the 800m boundary has already been extended).

Having regard for the above assessment of the submission, and particularly the traffic efficiency and safety issues associated with Wanneroo Road, it is concluded that the only areas situated on major arterial routes (which are high speed through traffic routes or primary freight routes) which should be considered appropriate for higher density residential are those areas which form part of activity centres located on those routes. Within such centres, management measures should be able to be implemented to address the concerns raised by MRWA in respect to those routes e.g. traffic calming and safe provision for pedestrian crossing.

On this basis, it is recommended that this submission not be supported.

No change.

13. Joe Palumbo, Ocean Drive, Quinns Rocks.

Concern regarding proposal for R60 along Ocean Drive Quinns Rocks. Street cannot accommodate increase in traffic and parking. Widening street would be costly. Concern about impacts on beach.

Quinns Rocks Housing Precinct is outside the scope of this amendment in respect to changes to precinct boundaries. This amendment is only proposing changes to R Code areas identified in the Wanneroo and Girrawheen-Koondoola Housing Precincts. The other precincts (including Quinns Rocks) shall be assessed in relation to the application of the proposed new criteria at some time in the future.

No change.

14. Shane & Donna Budd-Doyle, Gordon Avenue, Quinns Rocks.

Realignment of the R60 boundary to include Gordon Road, Quinns Rocks within R60 area instead of R40 based on the fact that it is well serviced by public transport buses. This would also include 27 extra lots in the R60 area.

No change.

15. Department of Housing

Support amendment to Local Planning Policy 3.1: Local Housing Strategy Implementation.

Noted.

No change.

16. Telstra

Telstra or NBN Co has no objection to the proposed amendment and will endeavour to provide all applicants with a service at the time of application.

Noted.

No change.

17. Western Power

No major impact on capacity of substations that service the Housing Precinct areas. However, Western Power not bound to service the potential new developments on the basis of the advice on this proposed amendment.

Noted.

No change.

18. Water Corporation

No objection to the proposed amendment, however the following further comments also provided:

Unable to undertake accurate headworks infrastructure planning at this time due to the dispersed nature and lack of certainty on the timing of each Housing Precinct.

Generally the increase to R40 may not create the need for upgrades. However, the increases in density will be factored into the next review of the hydraulic planning for the respected area.

Suggests the City of Wanneroo implement a developer contribution scheme to assist in funding upgrades that could be required in the future.

Noted. The City of Wanneroo is currently collaborating with the Water Corporation with a view to assessing infrastructure capacity and identifying upgrades which may be required.

The current Policy provides for development contributions to be addressed in considering funding of infrastructure upgrades.

No change.

19. Main Roads

19.1 Table 1, item 2 (b) – policy application should restrict R40 development to main East – West bus routes. Main Roads has concerns with the respect to transport efficiency and pedestrian safety on major North-South arterial routes.

19.2 Table 1 – item 4 criterion detail should allow “easy access/close proximity to major arterial road routes, excluding Marmion Avenue, Wanneroo Road and Alexander Drive”. Main Roads has concerns with respect to transport efficiency and pedestrian safety on these major arterial roads.

19.3 Table 1 – Item 4 policy application should set minimum R-Codes.

19.4 Item 3 – First paragraph should be changed to read “planning issues will also need to be addressed” (instead of ‘may’ need to be addressed).

19.5 Item 3 i) – Should indicate that Assessment of existing road infrastructure provision and identification of future infrastructure upgrades on local and regional roads (including parking) shall be consistent with the WAPC policy – “Transport Assessment Guidelines for Developments”.

19.6 Item 9.2 b) should indicate that an Assessment of existing road infrastructure provision and identification of future infrastructure upgrades on local and regional roads (including parking) shall be consistent with the WAPC policy – “Transport Assessment Guidelines for Developments”

From the MRWA advice provided on criterion 4, it is apparent that the particular north-south routes which are of most concern to MRWA are Marmion Avenue, Wanneroo Road and Alexander Drive. In considering the issues raised by MRWA in the context of the new spatial framework provided by Directions 2031 and Beyond (‘Directions’), it appears that Directions would support what MRWA is proposing: while Directions proposes ‘urban corridors’ which are intended to include higher density residential along high frequency public routes, it recognises that some of these routes are also ‘high speed through traffic routes’, and proposes that these ones should not be treated as urban corridors. Directions also sees that primary freight routes are unsuitable as urban corridors. (The above three arterial major roads are all designated as primary freight routes). The issues raised by MRWA, and as supported by Directions, are considered valid, and it is therefore recommended that the first part of point b) of criterion 2 be amended accordingly.

The intent of Criterion 4 in respect to access and proximity to major arterial routes is not that proposed higher density areas actually be on such routes (which appears to be MRWA’s concern), but rather that the traffic generated by such areas is able to have reasonably convenient access to these routes, and not lead to extensive traffic problems within residential areas. It is apparent that MRWA has misunderstood the above intent, and the change requested by MRWA is not required.

This is contrary to the intent of this criterion, outlined above.

Table 2 of the policy indicates which planning requirements apply to each Precinct.

Item 3 i) deals with all types of infrastructure so it is therefore not appropriate to single out just one type of infrastructure for such further information.

Such clarification is appropriate.

Change point b) of criterion 2 to provide that ‘main bus routes’ do not include high speed through traffic routes or designated primary freight routes.

No change.

Change 9.2 b) to include wording proposed by Main Roads.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 43

Owner

Implementation

Reviewed

Planning and Sustainability

2010

Biannual

Next Review

Scheduled review 2012

Policy Operation

Policy Development

This policy has been prepared under the provisions of Section 8.11 of the City of Wanneroo District Planning Scheme No. 2.

Application and purpose

This policy provides a framework for implementing the City of Wanneroo Local Housing Strategy, 2005 (LHS) recommendations for land identified for increased residential density within the City of Wanneroo.

The LHS places emphasis on increasing residential density and housing choice in existing and planned residential areas that have easy access and close proximity to retail and employment centres, public transport services, areas of high amenity, major arterial routes, educational institutions and community facilities.

There are six Housing Precincts divided across the suburbs of Wanneroo, Koondoola, Girrawheen, Yanchep, Two Rocks and Quinns Rocks

This Policy Framework outlines the approach to be taken in implementing recommended density increases.

General Policy Provisions

1. Determination of Local Housing Strategy Precinct Boundaries and Proposed Densities

The extent of each Housing Precinct and the proposed residential densities within each Precinct is detailed on the Local Housing Strategy Implementation Plans attached as Appendix 1.

The Housing Precinct boundaries and the densities proposed within each Precinct have been based on application of criteria included in the LHS. Details of the criteria and the way in which they have been applied is provided in the following table.

TABLE 1: CRITERIA FOR DESIGNATION OF HOUSING PRECINCT BOUNDARIES AND PROPOSED RESIDENTIAL DENSITIES

No.	Criterion Detail	Policy Application
1.	Easy access/close proximity to retail and employment centres.	This criterion has been applied spatially as follows: a) R60 within 400m of neighbourhood and town centres; b) R40 between 400m and 800m of neighbourhood and town centres.
2.	Easy access/close proximity to public transport with priority towards rail nodes and bus interchanges.	This criterion has been applied spatially: a) R60 within 200m of the train stations and R40 between 200m and 800m of train stations; b) R40 within 250m of main bus routes which are not high speed through traffic routes or designated primary freight routes. (‘Main’ bus routes having a peak and non-peak frequency typical of most bus routes in Perth, as distinct from those which provide a clearly less frequent service).
3.	Easy access/close proximity to areas of high amenity including public open space (POS) and recreational facilities.	This criterion has been applied spatially, and related to Council’s POS policy as follows: a) R40 within 250m of Neighbourhood POS that include at least one of the following: · Active playing field with sufficient ‘around the ground’ space to permit simultaneous use. · A community centre or other community facility that supports community activity. · Landscaped passive recreation areas with informal recreation infrastructure: · - BBQ’s / Shade structures; · - playgrounds; · - exercise equipment; · - multipurpose courts. b) R40 within 250m of District POS applied on a case-by-case basis, depending on the intensity of uses that may not always be compatible with higher densities; c) Regional Open Space considered similarly to b), and also noting that it may be for conservation and therefore of limited use for active and passive recreation purposes.
4.	Easy access/close proximity to major arterial routes, educational institutions (including primary, secondary and tertiary institutions), community facilities (including libraries and medical centres).	This criterion has not been applied spatially, but rather the area concerned has been assessed in general terms regarding adequacy of the arterial routes, educational institutions and community facilities serving the area to cope with increased population and traffic arising from increased densities.

Lots that fall outside of a criterion distance (where applicable) but form part of a:

· Gateway to the identified centre, and/or

· A logical land cell (defined by clear physical boundaries) in conjunction with other lots identified for R40,

have been identified for an increase in residential density to R40.

`The Housing Precinct of Quinns Rocks is not based around an identified centre, rather the Housing Precinct constitutes the original Quinns Rocks township area and largely reflects an update to the work undertaken as part of the “Old Quinns Rocks Residential Planning Study, 2003”.

2. Site Responsive Design Requirements

Neighbourhood and lot design should have regard to the following documents:

i) “Residential Design Codes of Western Australia (April 2008)”;

ii) Element 3 (Lot Layout) of “Liveable Neighbourhoods”; and

iii) Design of battle-axe lots in accordance with the requirements specified in the WAPC’s “Policy No. DC 2.2 Residential Subdivision”.

The documents are available from the Western Australian Planning Commission’s website: www.planning.wa.gov.au.

3. Need for Scheme Amendments and Other Planning Requirements

The recommended density increases will require amendments to the City of Wanneroo District Planning Scheme No. 2 (DPS 2). In addition, other planning issues may also need to be addressed prior to or in support of amendment proposals, including:

i) Assessment of the existing infrastructure provision and identification of infrastructure upgrades needed to facilitate redevelopment at a higher density;

ii) Establishment of a development contribution arrangement for funding of infrastructure upgrades; and

iii) Introduce provisions for the application of Design Guidelines to address the specific aspects and context of each Housing Precinct to facilitate appropriate future residential development and subdivision. Design Guidelines could take the form of a Detailed Area Plan, Local Area Planning Policy or Special Control Area and would contain development control guidance on built form, R-Code variations and lot type and configuration.

4. Subdivision and Development at Existing Density

Until such time as an amendment for a Housing Precinct is gazetted, proposals for subdivision or development will only be supported where compliant with the current residential density code and meeting all other requirements of DPS 2 and relevant policies.

5. Prioritisation of Scheme Amendments by the City

Due to resource constraints, the City is unable to simultaneously prepare and progress amendments to DPS 2 and address other planning requirements for all identified Housing Precincts.

The City will therefore, in so much as resources allow, undertake the tasks required for each Housing Precinct on a sequential basis, in the order of priority allocated in the Implementation Table.

The allocated priority does not prevent landowners or developers from submitting recoding proposals and addressing the relevant planning requirements for the entire Housing Precinct ahead of the City doing so.

The highest priority for implementing the increases in density for each Housing Precinct has been determined by the City based on the following factors:

i) The highest order centre that the Housing Precinct surrounds;

ii) The need for redevelopment of the existing housing stock considering age and condition; and

iii) The highest potential development yield based on the level of input.

6. LHS Implementation Table

The Implementation Table (Table No. 2 below) outlines:

i) Housing Precincts identified for increased residential density;

ii) Proposed densities;

iii) The planning requirements to be addressed in each Housing Precinct; and

iv) The priority allocated by the City for addressing planning requirements and preparing and progressing amendments to DPS 2 for each precinct.

TABLE 2

LOCAL HOUSING STRATEGY IMPLEMENTATION TABLE

Housing Precinct

Proposed Density

Planning Requirements*

Priority for implementation

(Refer to plans in Appendix 1)

Recode Higher Density

Cost contributions/

Infrastructure Upgrades

Design Guidelines

WANNEROO

R40, R60

GIRRAWHEEN KOONDOOLA

R40, R60

QUINNS ROCKS

R40, R60

YANCHEP

R40, R60

TWO ROCKS A

R40, R60

TWO ROCKS B

R40, R60

*As a minimum, a Scheme Amendment report will need to i) evaluate the capacity of existing infrastructure and services, ii) address when infrastructure and services will need to be upgraded and iii) how upgrades will be delivered through cost contributions.

7. Preparation of Scheme Amendments by Landowners

A landowner or group of landowners may request that Council initiate an amendment to DPS 2 to change the density of land within a Housing Precinct, ahead of the City undertaking this work. The Council may consider such a request where it is made in writing and accompanied by the following:

i) Formal Scheme Amendment documentation prepared by a planning consultant in accordance with the implementation framework, for recoding of the entire Housing Precinct, to the City’s satisfaction; and

ii) Payment of the required amendment proposal fee.

Scheme Amendment proposals will not be submitted to Council for consideration unless these criteria are met.

8. Council Determination (Landowner Initiated Amendments)

Council will consider supporting landowner-initiated amendments for land within a Housing Precinct where:

i) The land is proposed to be increased in density in accordance with the Housing Precinct on the relevant plan in Appendix 1 to this Policy Framework;

ii) All relevant planning requirements identified in the Implementation Table have been adequately addressed to the satisfaction of the City; and

iii) The existing infrastructure has been assessed and is found to be capable of supporting the ultimate development, or there is a satisfactory approach to sharing the cost of infrastructure upgrades needed to facilitate redevelopment at a higher density as recommended in the Implementation Table.

9. Consideration of Proposals which are Outside of the Housing Precincts

9.1 Where applications are made to Council seeking increase in R Coding of land which is outside of the Housing Precincts designated under this Policy, Council shall require that:

a) Where the land concerned is not the subject of a Structure Plan approved under DPS 2, the application for amendment of DPS 2 must be accompanied by an application seeking amendment of this Policy to include the subject land within a new Housing Precinct. The application must demonstrate how the proposed new Precinct meets the criteria upon which the existing Precincts are based, as well as how it more generally supports the objectives and recommendations of the Local Housing Strategy and the Smart Growth Strategy.

b) Where the land concerned is the subject of a Structure Plan approved under DPS 2, the application for amendment of that Structure Plan must include an assessment of how the proposal:

(i) is appropriate within the broader planning framework provided by the Structure Plan;

(ii) satisfies the criteria of this Policy relating to Housing Precinct designation and densities;

(iii) more generally supports the objectives and recommendations of the Local iii) housing Strategy and the Smart Growth Strategy.

9.2 Applications shall also include:

a) Written confirmation from each relevant servicing agency that the development proposed for the applicant’s land is capable of being provided with the range of public services necessary to service that development. In the case of public utilities (e.g. sewer, water, power, gas and drainage), this capability may also be demonstrated through certification in the form of a report from a qualified civil or construction engineer.

b) Assessment of the impact of the development proposed on the applicant’s land on local traffic and parking. An assessment of existing road infrastructure provision and identification of future infrastructure upgrades on local and regional roads (including parking) shall be consistent with the WAPC policy – ‘Transport Assessment Guidelines for Developments’.

c) Design guidelines for the proposed development site, including an assessment of impacts on adjacent properties and the streetscape. Where considered necessary to enable Council and/or any nearby residents or landowners to properly consider the nature of the proposed development, adequately detailed plans of the proposed development, including elevations, may also be required to be included in the application.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 52

Development Applications

File Ref: DEV10/187 – 11/24682

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider an application for retrospective approval to commence development relating to a change of use from ‘Single House’ to ‘Place of Worship and Education Establishment including incidental restaurant (café) and shop’ at Lot 673 (82) Ocean Keys Boulevard, Clarkson.

Applicant	Rafael Gharibian
Owner	Rafael Gharibian
Location	Lot 673 (82) Ocean Keys Boulevard, Clarkson
Site Area	562m²
DPS 2 Zoning	Residential

Background

The subject site is located on Ocean Keys Boulevard, Clarkson, approximately 300m north of Neerabup Road and 600m east of Marmion Avenue (as shown in Attachments 1 and 2). The site is zoned ‘Residential’ under District Planning Scheme No. 2 (DPS 2) and Agreed Structure Plan No. 29 (ASP29). A Building Licence (BA2003/3128) was granted for a two storey single house on the site on 15 October 2003.

On 25 August 2010 an application was lodged to change the approved use of the property from ‘Single House’ to ‘Church and Community Education’. During the assessment process and subsequent meetings with the applicant, greater detail in relation to the application was obtained and the assessment of the use proposed was clarified and extended to comprise “Place of Worship and Education Establishment including incidental restaurant (Cafe) and shop”. It was also ascertained that the application was in fact retrospective in that the use of the premises for the applied purpose had been occurring for a period of two years.

The applicant was advised that whilst a Place of Worship could be considered by the City in a residential zone (subject to public consultation), the other proposed use – Education Establishment was an ‘X’ (prohibited) use under DPS 2. The applicant believes that the proposal provides an important service to the community and requested that the matter be presented to Council for determination. The applicant has also advised that through its agency ‘OK Youth Services’, it has entered into a contract to purchase the former Kingsway School in Merriwa and move its operation there in 2014 when Quinns Baptist College is able to build a new campus at Alkimos and relocate.

Detail

The change of use proposal incorporates worship areas, teaching rooms, book/gift sales and a cafe (refer to floor plan in Attachment 3). Details of the proposed operation, as provided by the applicant, are set out below;

· The site is a Lutheran Church of Australia community initiative which incorporates education (Sunday school etc), counselling and community support for individuals, families and small groups.

· A key community service offered on site is the Catalyst School program, an alternative education program that engages young people who otherwise have fallen out of education and into antisocial behaviour. The program is recognised by the Association of Independent Schools in Western Australia.

· The applicant has indicated that the students in attendance (young women) are ‘at risk’ students.

· The proposed operating times for all uses (including the restaurant and shop) are 9am to 3pm weekdays, 10am to 12pm on Saturday and 9am to 1pm on Sunday. Occasional evening events are to be conducted from 7pm to 9pm on weekdays.

· The site will cater for between 20 & 25 patrons/students and between 2 and 7 staff members.

· The original single house incorporates two on site car parking bays with the additional parking requirements to be located on street in the surrounding area.

The application is for a change of use only. No modifications are proposed to the existing structure or external appearance of the building.

Consultation

In accordance with Clause 6.7.1 of DPS 2, the proposal was advertised for public comment, commencing on 23 September 2010 and closing on 18 October 2010. Advertising was conducted in the form of letters sent to adjoining owners, a sign placed on site and an information sheet detailing the proposal placed on the City’s website.

At the conclusion of the advertising period, nine submissions were received relating to the application with eight objections and one request for further information. A summary of the submissions received and Administration’s comment is provided within Attachment 4. The main issues raised by those who objected were:

· The property was being utilised as a school and church, with these uses considered unsuitable within a residential area; and

· The site does not provide sufficient car parking for the expected number of students/parishioners.

These issues are discussed in greater detail below.

Comment

Proposed Land Uses

The definition of a Place of Worship under DPS 2 is as detailed below:

Place of Worship: means buildings used primarily for the religious activities of a church, but does not include an institution for primary, secondary or higher education, or a residential training institution.

This definition specifically precludes the provision of the Catalyst School program from occurring on the site under the use category of ‘place of worship’. The provision of the program would comprise the site being used as an ‘educational establishment’, a use that is not permitted in a residential zone.

The proposal also includes the sale of tea, coffee and refreshments to parishioners and students as well as the sale of books and gifts not available elsewhere in the community. The proposed additional uses technically comprise a restaurant and shop as defined under DPS 2, however, both uses could be considered as incidental uses to either the place of worship or the education establishment.

Under DPS 2 Table 1 (Zoning Table) the use classes are given the following permissibility’s within a residential zone;

Use Class

Permissibility

Place of Worship

The use is not permitted unless the Council has exercised its discretion and has granted planning approval after giving special notice in accordance with Clause 6.7.

Educational Establishment

The Council shall refuse to approve any application for Planning Approval which involves an “X” use, except as otherwise specifically provided by the Scheme.

Car parking

The car parking requirements in Table 2 of DPS 2 for a place of worship stipulate that one car parking bay is to be provided for every four people accommodated. Based on the maximum capacity as proposed, the following table outlines the required number of parking bays per session.

Time of Day/Session	Attendees	Staff	Total	Parking bays required
Monday – Saturday 9am – 3pm	20	7	27	7*
Monday – Friday 7pm – 9pm	25	2	27	7*
Sunday 9am – 3pm	25	7	32	8

* A partial bay cannot be provided therefore the number is rounded up.

As there are only two on-site parking bays available, there would be a five car parking bay shortfall on Monday to Saturday, with a six parking bay shortfall on Sunday.

The applicant has indicated that at peak times up to 10 vehicles will be required for staff and patrons and proposes that the majority of parking would occur within the on street car parking bays located on Ocean Keys Boulevard or at the Clarkson Youth Centre car park located approximately 150m away.

The bays proposed to be utilised are located within the Mixed Use zone of the adjacent ASP 2. Whilst the mixed use areas are currently vacant, development applications have been lodged with the City. ASP 2 provides concessions to DPS 2 parking requirements for mixed use development on the basis of the provision of on-street car parking.

The use of these bays for uses within the residential zone will compromise the parking requirements provided under the ASP for the mixed use zone to the west of Lower Keys Drive.

In addition, the use proposed involves the attendance of children, teenagers and adults. Off-site parking would result in parishioners and students being required to cross local roads to attend services and programs.

The parking variation is not supported by Administration.

Conclusion

The Council in considering an application for planning approval shall have due regard to matters set out in Clause 6.8 of DPS 2 that are in the opinion of the Council relevant to the use or development the subject of the application. The relevant considerations in relation to this application are considered to be the following:

· the compatibility of a use or development within its setting;

· the relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal.

· the preservation of the amenity of the locality;

· any social issues that have an effect on the amenity of the locality; and

· Any relevant submissions received on the application including any relevant submission received by the applicant.

Whilst the proposal does not include any external modifications, the scale of the operation proposed would negatively impact on adjoining residential land owners. The building was not purpose-designed for a use that would result in the accommodation of up to 32 patrons and staff, seven days a week (with occasional evening events).

Administration do not support the car parking concessions requested as they would compromise the provision of parking that has made been available under ASP 2 for the mixed use zones as designated and could contribute to safety issues for parishioners and students attempting to cross local roads.

Administration recognises that the Catalyst School program provides a vital alternative education program for disengaged young people in the northern corridor. Of concern, however, is that this particular program will be in close proximity to residential homes. As described by the applicant, the young people who attend are “at risk” and many display very challenging behaviours. The applicant also acknowledges that students would need to be monitored and controlled at all times. Student management would be difficult to achieve when parking is not available on site.

It is evident from the submissions received that there is a common concern and perception among many residents that this proposal will adversely impact on their amenity and lifestyle.

Administration believes that approval of the proposal would adversely impact the amenity of the neighbourhood and the surrounding landowners and is not compatible with the surrounding residential uses.

The applicant has requested that Council determine this application. Whilst the ‘Place of Worship’ aspect of the proposal can be approved by Council, by exercising its discretion, the shortfall in required parking bays on site is not supported and therefore it is not recommended that approval is granted. With respect to the “Educational Establishment” component, this is a prohibited use within the Residential zone and approval cannot be granted by Council. Should Council believe that the proposal could be supported, an amendment to ASP 29 to allow the use class ‘Educational Establishment’ within a Residential zone would be required.

Administration’s recommendation is that the proposal should not be approved within a residential zone and the uses proposed would be better accommodated in a mixed use, commercial or business zone where adequate parking can be provided.

Statutory Compliance

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

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. REFUSES the application submitted by Rafael Gharibian in accordance with the provisions of District Planning Scheme No. 2, for a Change of Use from ‘Single House’ to ‘Place of Worship and Education Establishment including incidental Restaurant (café) and shop’ at Lot 673 (82) Ocean Keys Boulevard, Clarkson for the following reasons:

a) The proposal incorporates an Educational Establishment which is an X use under Table 1 (clause 3.2.1) of the City of Wanneroo’s District Planning Scheme No. 2;

b) The proposal does not satisfy the car parking requirements as stipulated in clause 4.14 (Table 2) of the City of Wanneroo’s District Planning Scheme No. 2;

c) The proposal is contrary to the interests of orderly and proper planning and would establish an undesirable precedent for similar developments in the Residential zone; and

2. NOTES the Summary of Submissions contained in Attachment 4, ENDORSES the comments made in Administration’s report in response to those submissions and ADVISES the submittors of its decision.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 63

SCHEDULE OF SUBMISSIONS FOLLOWING ADVERTISING

(Closed 18 October 2010)

No.	Details	Summary of Submission	Comment	Recommendation
1.1	C Tenni & R Davis 84 (lot 674) Ocean Keys Boulevard, Clarkson	We formally oppose the change of use, as the proposal will negatively affect the surrounding landowners.	Agreed. The impact of the proposal on adjoining landowners is discussed further in the body of the report.	That the application not be supported.
1.2		The proposal only has two bays on site therefore does not comply with the required seven parking bays as per the City of Wanneroo District Planning Scheme No 2 (DSP2).	Agreed. Assessment of the proposal under the requirements of DPS 2 indicates that there is a car parking shortfall of up to 6 car bays. The parking requirements are discussed in detail in the body of the report.	That the application not be supported.
1.3		The proposed numbers of patron (27) is likely to grow over time requiring more car parking spaces.	The applicant has indicated that proposed number of patrons is not to exceed 27.	A condition be applied to any approval granted to limit the number of patrons to 27.
1.4		The adjacent properties were used for car parking prior to the construction of a residential dwelling.	Noted. As the area is developed, the ability for this to occur will be diminished.
1.5		The current driveway is being used as a ‘drop off’ and ‘pick up’ point.	Noted. The matter is dealt with under clause 59 (2) of Parking Facilities Local Law (2003) that states that obstruction of a path or driveway can occur for a maximum of two minutes.
1.6		The patrons are currently using the on street car parking bays. Once the mixed-use area has been developed these bays will not be as readily available as they are at present.	Agreed. The on street car parking bays were proposed for the mixed use area under Agreed Structure Plan 2. This is discussed further in the comment section of the report.
1.7		The dwelling is currently being used as a ‘drop in centre’ with students portraying antisocial behaviour.	Noted. This matter is discussed in the body of the report.	That the application not be supported.
1.8		The proposal does not indicate the extent of operating hours involved with the proposal.	The applicant has indicated that the proposed operating times for all uses (including the restaurant and shop) are 9am to 3pm weekdays, 10am to 12pm on Saturday and 9am to 1pm on Sunday. Occasional evening events are to be conducted from 7pm to 9pm on weekdays.
1.9		The proposal does not indicate the extent of signage involved with the proposal.	All signage will be required to be compliant with the City’s Signs Local Planning Policy.
1.10		The proposal would have a negative impact on the value of the adjoining properties.	Noted. The impact on the value of adjoining properties is not consideration taken into account when determining applications for planning approval.
1.11		The proposal would have potential noise impacts based on activities being undertaken outside.	Noted. Any non-residential proposal within a residential zone would be required to meet the Environmental Protection (Noise) Regulations 1997 and an acoustic report would be required to be prepared to the satisfaction of the City.
1.12		The proposal would be used for the purposes of an educational establishment which is not permitted under the DSP2 and has been operating as such for up to 2 years.	Noted. This matter is discussed in the body of the report.	That the application not be supported.
2.1	M & R Powell (No address given)	I object to the proposal as there would be insufficient car parking facilities.	Noted. Refer to response in 1.2
2.2		Cars parked on the footpath have hindered the use of the footpath.	Noted. Refer to response in 1.5.
2.3		The reduction of speed of cars looking for parking could potentially have safety impacts on a fairly busy intersection.	This issue could be arise if the parking provided on site is insufficient. The parking requirements under DPS 2 are discussed in the body of the report.
3.1	Gadhoke Rjajiv (No address given)	Can we please know the religion relating to the change of use?	The proposed place of worship is for the Lutheran Church of Australia.
4.1	M Jones 86 (Lot 675) Ocean Keys Boulevard, Clarkson	I object to the proposal due to insufficient car parking facilities will result in attendees parking on my front lawn.	Noted. This issue is dealt with under clause 58 (2) of Parking Facilities Local Law (2003) that states that parking cannot occur without permission of the landowner.	That the application not be supported.
5.1	P & R Wright 10 (Lot 661) San Remo Bend, Clarkson	We object to the proposal as the building is within a house in an established residential area.	This matter is discussed in the body of the report.
5.2		The proposed sign on site had fallen over and was not re-erected to inform the general public of the proposal.	Advertising of the proposal accorded with the requirements of Council’s DPS 2 including letters to surrounding land owners and an advertisement in the newspaper. The sign was re-erected and consultation of the proposal is considered adequate.
5.3		There is a gazetted commercial area adjacent to the proposed lot.	Noted. This matter is discussed in the body of the report.
5.4		There is inadequate vehicle parking for the patrons.	Agreed. Refer to response in 1.2.	That the application not be supported.
5.5		The building is located on a busy round-a-bout which is not conducive to children attending the facility.	Noted. Whilst the roundabout provides adequate pedestrian access for pedestrians to cross the road, Administration would prefer that all parking in relation to the use is provided on-site. This matter is discussed in the body of the report.
6.1	A Toulalan 25 (lot 542) Lower Keys Drive, Clarkson	I would like to propose that the council refuses the application on the basis of lack of car parking availability.	Noted.	That the application not be supported.
6.2	A Toulalan 25 (lot 542) Lower Keys Drive, Clarkson	The site only has the ability to park four cars with limited on street car parking available in the surrounding area. This car parking will be used up by the development of any mixed use developments along Ocean Keys Boulevard.	Noted. Refer to response in 1.2.	That the application not be supported.
7.1	A Wright 9 (lot 535) Fleming Parkway, Clarkson	We object to the proposal as the location is not suitable due to its proximity to busy intersection.	Noted. The suitability of the site for the proposed use is discussed in further detail in the body of the report.
7.2		There is insufficient car parking spaces available on site.	Refer to response in 1.2.	That the application not be supported.
7.3		The proposed café/bookshop would not be suitable within a residential zone.	Agreed. This matter is discussed in the body of the report.
8.1	M & R Carter 99 (lot 672) Ocean Keys Boulevard, Clarkson	We object to the proposed change of use as there is limited car parking being located on site.	Agreed. Refer to response in 1.2.	That the application not be supported.
9.1	C & T Christopoulos 75/77 (lot 539) Ocean Keys Boulevard, Clarkson	We do not object however have concerns regarding car parking.	Refer to response in 1.2.	That the application not be supported.
9.2		Currently the leaders park in the on street car parks on Ocean Keys Boulevard that will, in the near future, be utilised by customers of the Mixed-use development.	Noted. This matter is discussed further in the body of the report.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 68

PS05-04/11 Development Application - Estate Signs Located Within City Controlled Land

File Ref: DEV11/222 – 11/26723

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider authorising the Chief Executive Officer (CEO) to sign two development applications for Satterley Property Group to construct three estate advertising signs and a limestone entry statement wall on City managed reserves along Marmion Avenue, Butler.

Applicant	Satterley Property Group
Owner	Crown Land - City of Wanneroo Management
Location	16 Chipping Crescent, Butler 10 Wiltshire Entrance, Butler
Site Area	6968m² & 10260m²
DPS 2 Zoning	Urban Development

Background

In March 2010, the City commenced compliance investigations and action against Satterley Property Group (‘Satterley’) regarding a number of substantial pylon signs that had been erected without approval within the Marmion Avenue road reserve in Butler and Jindalee. Following discussions with Satterley, five development applications for 11 signs have now been lodged with the City.

These applications propose the relocation of the 11 estate signs from within the Marmion Avenue road reserve onto nearby private property and/or City owned land along Marmion Avenue. The proposed signage is to be positioned at intervals over a distance of 3.6km north from the intersection of Marmion Avenue and Lukin Drive. These development applications were initially lodged with the City on 10 December 2010, however, insufficient information was provided at that time to progress the applications. Further information was requested by the City and was later provided on 23 February 2011.

Of the 11 signs proposed by Satterley, three are proposed to be relocated onto City managed land as detailed below:

a) Reserve for Drainage – Lot 14989 (16) Chipping Crescent, Butler – proposal for the relocation of two estate signs and one entry statement; and

b) Reserve for Recreation (Honeymyrtle Park) – Lot 14988 (10) Wiltshire Entrance, Butler – proposal for the erection of one estate sign.

These City-managed reserves are located north of the intersection of Marmion Avenue and Lukin Drive (refer Attachment 1). The reserves are zoned Urban under the Metropolitan Region Scheme (MRS), Urban Development under the City of Wanneroo’s District Planning Scheme No. 2 (DPS 2) and Residential under Agreed Structure Plan 27.

Detail

The applicant proposes to construct two estate signs and one entry statement within 16 Chipping Crescent, Butler (refer Attachment 2) and one estate sign within 10 Wiltshire Entrance, Butler (refer Attachment 3). The proposed signs and entry statement promote the Satterley Estate within areas of Butler, Ridgewood and Jindalee.

The proposed estate signs are each 7.02m high in total, with a 5.02m high sign mounted on two, 2.0 metre support poles. The proposed signs are each 3.3m wide (refer Attachment 4).

Consultation

Any public consultation on the proposed development will be undertaken in accordance with DPS 2, if required, prior to determination of these development applications.

Comment

The City has management responsibility for the subject reserves and is therefore effectively the ‘owner’ of the land for the purpose of allowing development applications to be made for that land. In this regard, it is important to note that the Chief Executive Officer’s authorisation of the stated development applications in no way implies or guarantees a favourable determination of those applications. Rather, it merely allows the applications to be submitted for the City’s assessment and determination.

Given that one of the reserves is designated for the purposes of drainage and the other for recreation, the City has sought confirmation from Landgate (the State Government Land Agency) as to whether the City’s authority to sign a development as the effective ‘owner’ of the land (on behalf of the Crown) is dependant on the nature of development being proposed. For example, whether such authority only permits the City to sign an application for a type of development that is consistent with the purpose of the reserve in question (in this case drainage and recreation)? The answer to this question will be relevant to all reserves for which the City has management responsibility.

In light of the above land management consideration, it is recommended that Council authorise the CEO to sign the development applications for signage and an estate entry wall, subject to Landgate confirming it is within the bounds of the City’s authority to do so, as manager of the land in question.

Statutory Compliance

Once signed by the CEO (subject to Council’s authorisation) the development applications for construction of signage and an entry statement wall on the aforementioned City-managed reserves, will be referred to Council for determination, together with the development applications for relocation of the eight remaining Satterley signs into private property, due to the compliance history surrounding this matter. At that time, all of the development applications will be assessed and determined in accordance with DPS 2 and the City’s Signs Local Planning Policy.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council AUTHORISES the Chief Executive Officer to sign the development applications submitted by Satterley Property Group Pty Ltd for three estate advertising signs and a limestone entry statement wall to be erected on Lot 14988 (10) Wiltshire Entrance, Butler and Lot 14989 (16) Chipping Crescent, Butler, as depicted in Attachments 1 – 3 (inclusive), subject to:

1. Confirmation being received in writing from Landgate that it is within the City’s authority to do so, as manager of the land in question; and

2. Satterley Property Group Pty Ltd being informed of and providing their acceptance in writing of the fact that the City’s signing of the subject development applications in no way constitutes, implies or guarantees a favourable determination of those applications by Council in future and shall not fetter Council’s determination of those applications.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 75

PS06-04/11 Development Application - Home Business - Category 3 - Leaflet Distribution - 94 Willespie Drive, Pearsall

File Ref: DEV10/187 – 11/25108

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 4

Issue

To reconsider an application for a home business from a Single House for leaflet distribution at Lot 77 (94) Willespie Drive, Pearsall.

Applicant	Janette Rafferty
Owner	Janette Rafferty
Location	Lot 77 (94) Willespie Drive, Pearsall
Site Area	720m²
DPS 2 Zoning	Residential

Background

The subject property is located on Willespie Drive, Pearsall and is situated approximately 500m east of Wanneroo Road and 500m north of Ocean Reef Road (refer Attachments 1 and 2). Lot 77 is zoned Residential under the City’s District Planning Scheme No. 2 (DPS 2) and Agreed Structure Plan No. 6 and is 720m² in area. There is an existing single house located on the subject lot which is situated amongst other established residential dwellings.

In May 2010 the City received correspondence from the owners of a nearby property who alleged that Lot 77 was being used as a distribution centre for ‘Junk Mail’. The City wrote to the owner of the premises in June 2010, advising that the use of the site as a distribution centre was not an authorised use. Subsequent letters were forwarded and telephone conversations were held during the following weeks to confirm the nature of the use. Ultimately this resulted in an application for a ‘Home Business Category 3’ being submitted to the City on 23 June 2010. The City also advised the applicant that the unauthorised activities on the site were to cease by no later than 8 July 2010. The applicant contacted the City requesting an extension to the date of cessation to 9 August 2010. The applicant then, however, confirmed that as of 4 August 2010, the business would cease operation.

A report was presented to Council at its meeting of 19 October 2010, where Council resolved that the item be referred back to Administration to investigate possible modifications to the business with the applicant that would reduce the impact of the neighbouring properties.

A meeting was subsequently held with Administration and the owners of the property on 11 November 2010. At that meeting, the owners suggested possible alternatives to the delivery process, but indicated that it would not be possible to completely revise the process to remove either the delivery trucks or the pick-up vehicles.

In accordance with the Council resolution, this application is presented to Council for further consideration and determination.

Detail

The original application proposed to use the existing dwelling to conduct a home business for the purposes of a leaflet distribution business. Details of the proposed operation, as provided by the applicant, are set out below.

· Pallets are delivered by truck twice a week from ‘PMP Distributors’, unloading between 1 – 3 pallets of material;

· The pallets are split and stored in the garage of the property. A floor plan of the existing dwelling, including the location of the garage, is included as Attachment 3;

· The material is collected by individual distributors in private vehicles. There are 20-30 vehicles involved in this collection, spread across two days per week. Each vehicle will stay for approximately five minutes to load/unload material; and

· The business employees up to 30 people on a part time basis.

Subsequent to the meeting held with the owner on 11 November 2010 a list of the following amendments were submitted to council on 15 February 2011 as possible alternatives to the process as submitted with the original development application:

· Limit the size of the vehicle delivering the pamphlets to a van rather than large truck;

· The deliveries would occur no more than twice a week;

· Pickups by pamphlet distributors would be limited to between 9.00am and 6.00pm;

· The number of cars would be limited to between 3 – 5 cars twice a week (maximum of between 6 and 10 cars per week); and

· Due to the change in the vehicle used for the delivery of material, there would no longer be the requirement for pallets and therefore no requirement to store these on site.

Subsequent to this list being submitted to Council the applicant has informed Administration that the proposal would only be run from her property on occasions when situations dictate. The majority of the delivery and pick up of pamphlets, as well as storage, waiting for pick up, will be from an industrial unit in Wangara.

The applicant is also a key holder for various City of Wanneroo facilities, which involves people wishing to use these facilities collecting the keys from her residence. According to the applicant there are, on average, three visits per day for this purpose, but can range up to 10 visits.

Consultation

In accordance with clause 3.3(b) of DPS 2, the proposal was advertised for public comment, which commenced on 12 August 2010 and closed on 4 September 2010. Advertising was conducted in the form of letters sent to adjoining owners, a sign was placed on site and an information sheet detailing the proposal was placed on the City’s website.

At the conclusion of the advertising period, three submissions were received relating to the application; all of which opposed the proposal. A summary of submissions received is provided within Attachment 4 and discussed in the Comment section of this report (below). The main issues raised by those who objected were:

· The business generates significant traffic in the area;

· The business has significant impact on the safety of pedestrians in the area;

· The noises from the trucks associated with deliveries will impact the surrounding residents; and

· The high volume of vehicles parking will impact the adjoining properties.

Included with the application lodged with the City was the support of the three adjoining landowners. The owners of two of these adjoining landowners (92 and 77 Willespie Drive) indicated that this support was only on a temporary basis until the business could be moved to an industrial area and have since advised that as the application is not for a temporary nature that they object to the proposal.

The amended proposal was not readvertised as it was considered that the changes proposed to the original application would not increase the impact on adjoining residents.

Comment

In assessing the application, the following matters were considered:

Definition of Home Business - Category 3

The application has been lodged as a Home Business - Category 3. Applications that involve the assessment of a home business are considered against the interpretations under part 2 of Schedule 1 of DPS 2. The definition for ‘Home Business – Category 3’ states:

“means a business, service, trade or similar activity carried on in a dwelling or on land around a dwelling by a resident of the dwelling which:

(a) does not entail the retail sale, outdoor display or hire of goods of any nature;

(b) does not cause injury to or prejudicially affect the amenity of the neighbourhood;

(c) does not detract from the residential appearance of the dwelling house or domestic outbuilding;

(d) entails employment of a maximum of 2 persons not members of the occupier’s household. Council may approve a greater number of employees, not exceeding 4 persons, subject to community consultation;

(e) occupies an area not exceeding 50 square metres. Council may approve; subject to community consultation; an area of up to 100 square metres, or one third of the floor area of the dwelling whichever is the lesser;

(f) displays a sign describing the nature of the approved home occupation. The sign must not exceed 0.2 square metres, and a maximum 2 metres high;

(g) will not result in traffic difficulties as a result of the inadequacy of on-site and offsite parking;

(h) will not result in a substantial increase in the amount of vehicular traffic in the vicinity;

(i) does not involve the servicing or repair for gain of motor vehicles; and

(j) does not entail the presence, parking and garaging of a vehicle of more than 3.5 tonnes tare weight.”

The revised application is considered to meet the above definition.

Conclusion

In light of the submissions received and the original assessment, Administration recommended that the application as lodged be refused. However as the proposal has been amended, it constitutes a home business of a much smaller scale and therefore meets the definition of home business category 3 under DPS 2 in a residential area. Administration believes that the proposal, if approved, would not have an adverse impact on the surrounding residential community.

Statutory Compliance

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

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

However, Strategy 3.2 of the Strategic Plan is also relevant to this proposal and states – “Support business and initiatives”.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council APPROVES the application submitted by Janette Rafferty in accordance with the provisions of District Planning Scheme No. 2, for a Home Business - Category 3 (Leaflet Distribution) at Lot 77 (94) Willespie Drive, Pearsall; subject to the following conditions:

1. Permission is granted to the owners of the property, Janette Rafferty, to conduct a home business – category 3 at the above address and only whilst the owners permanently reside at the premises.

2. The home business – category 3 shall operate within the District Planning Scheme No. 2 definition that states:-

Home Business category 3: means a business, service, trade or similar activity carried on in a dwelling or on land around a dwelling by a resident of the dwelling which:

a) Does not entail the retail sale, outdoor display or hire of goods of any nature;

b) Does not cause injury to or prejudicially affect the amenity of the neighbourhood;

c) Does not detract from the residential appearance of the dwelling house or domestic outbuilding;

d) Entails employment of a maximum of 2 persons not members of the occupier’s household. Council may approve a greater number of employees, not exceeding 4 persons, subject to community consultation;

e) Occupies an area not exceeding 50 square metres. Council may approve; subject to community consultation, an area of up to 100 square metres, or one third of the floor area of the dwelling whichever is the lesser;

f) Displays a sign describing the nature of the approved home occupation. The sign must not exceed 0.2 square metres, and a maximum 2 metres high;

g) Will not result in traffic difficulties as a result of the inadequacy of on-site and off-site parking;

h) Will not result in a substantial increase in the amount of vehicular traffic in the vicinity;

i) Does not involve the servicing or repair for gain of motor vehicles; and does not entail the presence, parking and garaging of a vehicle of more than 3.5 tonnes tare weight.

3. Clients shall visit by prior appointment only and be limited to a maximum of 10 per week.

4. Appointments to be managed in a way that no more than one client vehicle is at the premises at any one time and parking for clients vehicles is to be provided on site.

5. This approval is valid for a period of 12 months only from the date of this approval and an application for renewal of approval shall be submitted at least 4 weeks prior to the expiry of this approval. If application for renewal is not made then the home business shall immediately cease operation at the end of the 12 months. An annual renewal fee will apply.

6. All equipment associated with the home occupation shall be stored such that it is screened from the street frontage and adjoining properties.

7. The hours of operation are to be between the hours of 9.00am and 6.00pm on weekdays and shall not operate on weekends and public holidays.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 84

Other Matters

PS07-04/11 Proposed Closure of Pedestrian Access Way - Lot 57 (14P) Collison Place, Marangaroo

File Ref: 3026 – 11/18172

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider the permanent closure of an existing pedestrian access way (PAW), being Lot 57 (14P) Collison Place, Marangaroo.

Background

In May 2010 the City of Wanneroo received a request to close an existing PAW between Rawlinson Drive and Collison Place, Marangaroo (refer Attachment 1). A petition containing signatures from the four abutting landowners supporting the closure was submitted to the meeting of Council on 4 May 2010 (PT01-05/10).

Detail

In October 2009, the Western Australian Planning Commission (WAPC) released Planning Bulletin 57/2009A – ‘Planning Guidelines for Pedestrian Access Ways’, which introduced two new planning guidelines – ‘Reducing Crime and Anti-Social Behaviour in Pedestrian Access Ways’ and ‘Procedure for the Closure of Pedestrian Access Ways’.

The new guidelines were prepared by the WAPC in consultation with the Office of Crime Prevention and were developed to assist local and state government in evaluating risk and management of PAW’s and to provide guidance on the potential to temporarily or permanently close a PAW.

The guidelines are based on Section 87 of the Land Administration Act 1997, which sets out a process under which the amalgamation of Crown land may occur.

The guidelines provide for an assessment to be completed using a score based approach, having regard to “designing out crime” criteria such as surveillance, lighting, line of sight, condition of the PAW, signage, adjacent property, frequency of usage and destination (such as proximity to schools, shops, banks and other services). The process also involves a socio-economic vulnerability assessment to determine risk, based on the users of the PAW and a contextual crime assessment based on reported crime and antisocial behaviour.

Where a PAW is considered to be ‘Essential’ because it plays an essential role in the local or strategic movement network, the emphasis is on retaining the PAW and managing the impacts of any ongoing anti-social behaviour.

When a PAW is considered to be ‘Non-Essential’ its closure may be considered by Council and the Western Australian Planning Commission, only after reasonable attempts have been made to manage the issue and the applicant has provided evidence of ongoing and intractable problems.

The City’s initial assessment of the PAW indicated that the PAW may be ‘non-essential’, however it was recognised that the PAW does provide some efficiencies for local residents within Collison Place. Administration progressed the proposal to public consultation to determine the local demand for the PAW

Consultation

The Procedures for the Closure of Pedestrian Access Ways requires the City to consult with the community likely to be affected by the proposed closure. The City referred the proposal to the relevant infrastructure providers and carried out public consultation for a minimum period of 35 days, which closed on 7 January 2011.

Consultation was carried out in accordance with the guidelines and included –

· Signs at either end of the pedestrian access way;

· An advertisement in the Wanneroo Times Newspaper on 23 November 2010;

· A notice on the City of Wanneroo Website; and

· Letters to all landowners within Collison Place an additional twenty letters to nearby residents.

At the end of the public consultation period three (3) submissions from local residents and six submissions from public agencies were received.

The City also consulted utility providers and other agencies including the Western Australian Police to obtain statistical data on crime within this area. The applicant also completed an “anti-social behaviour log”.

The results of consultation and referral identified a number of recorded incidents of crime occurring within or in close proximity to the subject PAW, however based on advice from the WA Police the extent of report crime was not considered to be significant. The detailed results of the contextual assessment and the results of the public consultation have been included in the assessment report. (refer Attachment 2).

Comment

Administration has prepared an assessment report on the subject PAW in accordance with the WAPC’s Procedures for the Closure of Pedestrian Access Ways (refer Attachment 2).

The recommendations of the Assessment can be summarised as follows:

· Non-Essential – the pedestrian access way provides some local area efficiencies mainly benefitting the residents of Collisson Place. However, the PAW does not form part of a strategic pedestrian/cyclist movement network;

· The results of the contextual assessment indicate that there is a relatively low identified risk of anti-social behaviour occurring within the PAW;

· Utilising available socio-economic data and a score based assessment of the physical characteristics of the PAW, it is considered to be a ‘Medium to High Risk’ pedestrian/cyclist access link. The assessment of the PAW indicates that the City should either implement designing out crime strategies or consider the closure of the PAW.

Three objections to the closure were received from the residents within Collison Place, representing approximately 15% of affected landowners. Administration in consultation with the government agencies and members of the public has concluded that whilst the PAW does not form part of a strategic or regional it does provide a benefit to the local users and therefore should not be closed. It is therefore recommended that the PAW not be closed and that a range of management strategies be implemented to assist in reducing the extent of anti-social behaviour being experienced.

Should Council and ultimately WAPC refuse the application, the City (as the managing authority) is required to consider management techniques to minimise anti-social behaviour within the PAW. The following points represent management strategies that are currently being implemented.

· Removal of graffiti quickly to send the message that the PAW is being properly managed as a public space;

· Cleaning and making repairs quickly;

· Ensuring that the walking surfaces are well maintained;

· Removal of vegetation overhanging the PAW; and

· Establish security patrols.

The City’s Infrastructure Maintenance Unit already undertakes any maintenance required to improve the condition of the PAW.

Additional consideration may be given to improving lighting to enhance visibility at both ends of the PAW. It is noted that lights already exist at either end of the walkway, however, brighter lights may be considered by the City in consultation with western power as a possible additional management strategy. Additional management strategies may be considered and implemented by the relevant service unit of the City as considered necessary, such as security patrols.

Statutory Compliance

The City has progressed its consideration of the request to close the subject PAW in accordance with the planning guidelines – ‘Reducing Crime and Anti-Social Behaviour in Pedestrian Access Ways’ and ‘Procedure for the Closure of Pedestrian Access Ways’.

The closure procedures under these guidelines are based on section 87 of the Land Administration Act 1997.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.1 Increase choice and quality of neighbourhood and lifestyle options”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the submissions received in relation to the proposed closure of the existing Pedestrian Access Way at Lot 57 (14P) Collison Place, Marangaroo

2. DOES NOT SUPPORT the request to close the existing Pedestrian Access Way at Lot 57 (14P) Collison Place, Marangaroo and ADVISES the applicant of Council’s determination; and

3. FORWARDS to the Western Australian Planning Commission a copy of the following documents for their information:

a) A copy of the Council report and associated resolution;

b) Copies of all letters received from utility providers;

c) Copies of all letters received from members of the public.

4. REQUESTS Administration to coordinate management strategies that may assist in the reduction in anti-social behaviour within the Pedestrian Access Way at Lot 57 (14P) Collison Place, Marangaroo including (but not limited to) the following;

a) Investigate the possibility of improving the existing lighting at either end of the Pedestrian Access Way to enhance visibility;

b) Removal of vegetation in the Pedestrian Access Way that may obscure visibility and limit passive surveillance.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 89

ASSESSMENT SHEET 1

PEDESTRIAN ACCESS WAY (PAW) CLOSURE REQUEST

LOCATION (DESCRIPTION) – LOT 57 (14P) COLLISON PLACE, MARANGAROO

PAW LOCATED BETWEEN RAWLINSON DRIVE AND COLLISON PLACE, MARANGAROO

ABUTTING LAND - 25 & 14 COLLISON PLACE, MARANGAROO

6 & 8 RAWLINSON DRIVE, MARANGAROO

APPLICANT/CONTACT - ROWAN CARSON - PETITION TABLED AT THE MEETING OF COUNCIL 4 MAY 2010 (PETITION No. PT01-05/10)

ADDRESS - 8 RAWLINSON DRIVE, MARANGAROO

PHONE -

PREPARED BY THE CITY OF WANNEROO PLANNING IMPLEMENTATION UNIT

DATE: 8 FEBRUARY 2011

INTRODUCTION

The City of Wanneroo has received a request to close an existing pedestrian access way (PAW) between Rawlinson Drive and Collison Place, Marangaroo. The adjoining landowner has submitted the request and a petition containing signatures from the abutting landowners, which was submitted to the meeting of Council on 4 May 2010 (PT01-05/10).

In accordance with the guidelines for closing a PAW, the local government must explore all reasonable management options before progressing a request to close a PAW. In this regard, reference is made to the reducing Crime and Anti-Social Behaviour in Pedestrian Accessways Guidelines. This document explores the typology and need of PAWs, the associated risks and promotes situational crime prevention through the use of various tools, assessments and decision processes.

Where a PAW is considered to be ‘Non-Essential’ its closure may be considered by Council and the Western Australian Planning Commission, only after reasonable attempts have been made to manage the issue and the applicant has provided evidence of ongoing and intractable problems, which is supported by contextual crime data.

The assessment also includes calculating a score based on designing out crime criteria, such as surveillance, lighting, line of sight, condition of the PAW, signage, adjacent property, frequency of usage and destination (i.e. proximity to schools, shops, parks etc). The process also involves a socio-economic vulnerability assessment to determine risk based on the users of the PAW and a contextual crime assessment based on reported crime and antisocial behaviour. After completing the assessment of the PAW a decision tree is utilised to determine the appropriate course of action. In most cases the decision tree recommends managing the PAW by implementing designing out crime strategies or in certain circumstances its temporary or permanent closure.

STEP 1 - DETERMINING WHETHER A PAW IS ESSENTIAL/NON-ESSENTIAL

To determine whether a PAW is either Essential or Non-Essential it is necessary to consider the strategic context, condition and connectivity of the PAW. The following plan identifies the key characteristics of the subject PAW and includes:

· Pedestrian Access Way Map.

· Community facility Map (including schools, shops, parks, community facility, employment nodes, public transport, aged facility and other pedestrian/cycle generators.

PAW PLAN – MAP 1

mapg0gn1u45kyebvb55jtcfvd45-634224064078958051

PAW Closure Requested

LOCALITY (500 METRE RADIUS) –MAP 2

Bus Stop

John Moloney Park (Clubrooms)

Marangaroo Family Centre

PAW Closure

mapg0gn1u45kyebvb55jtcfvd45-634224067379553539

Mini Mart

Medical Centre

Rawlinson Primary School

500 M Radius

CONNECTIVITY ASSESSMENT

· The subject PAW does not form part of a continuous access route and its closure would only impact on the landowners within Collison Place.

· The closure would not impact on the broader pedestrian cyclist movement system because the PAW does not reduce the distance between the intersection of Collison Place and Woodward Circle and the PAW entry along Rawlinson Drive (i.e. the distance between A and B on the plan below are the same).

· The PAW does not from part of any strategic pedestrian or cyclist route and is not identified in the City of Wanneroo ‘Bike Plan’.

· Collison Place does not have a constructed footpath or dual use path. The alternate route along Woodward Circle and Rawlinson Drive has a constructed footpath.

LOCAL ACCESS - MAP 3

Medical Community and Shops

Bus Stop

Primary School

B

A

mapnayn2055q3a0f2mvwkfsal45-634193649815778829

· There will be an impact on the walkability of residents located within Collison Place. The specific impact on the distance to identified destinations has been calculated from the end of the cul-de-sac (greatest impact) and compared against other alternative routes from that point. Consideration is given to the existing pathways connections, pedestrian/cycle routes and access points into the community facilities.

· The increased walking distance relates to the distance to the community facilities (medical, family centre and mini mart), bus stops and the primary school.

Effect on Residents of Collison Place (taken from the point of greatest impact, which is usually the end of the culdesac)

Rawlinson Primary School 200 metre increase (from 200m to 400m)

Community facilities 180 metre increase (388m to 568m)

John Moloney Park No Impact

Bus Stops (Highclere Boulevard) 330 metre increase (240m to 570m)

The main increase in distance applies to the primary school and bus stops located along Highclere Boulevard. The PAW closure only impacts on for the 17 residents of Collison Place. Consultation should be initiated to ascertain the opinions of the local residents to determine the suitability of the closure.

CONCLUSION

The City is required to determine whether the PAW is either ‘Non-Essential’ of ‘Essential’.

Non-Essential – the pedestrian access way could be closed without causing significant disadvantage to local residents because it is not essential to the local or strategic pedestrian/cyclist movement network. Progress to Step 2 to evaluate contextual crime, consider using situational crime prevention tools and progress closure if appropriate.

Essential - The pedestrian access way should be retained and kept open because it plays an essential role in the local movement network. Progress to Step 2 to evaluate contextual crime and make recommendations on situational crime prevention and management of the PAW.

With due consideration for the local and strategic significance of the PAW between Rawlinson Drive and Collison Place, the pedestrian/cyclist connection is considered to be ‘NON – ESSENTIAL’.

CONSULTATION SECTION

In accordance with Section 87 of the Land Administration Act 1997 and subsequent to the City determining that the PAW is non-essential, the local government is required to consult with the community to be affected by the proposed closure. The City referred the proposal to the relevant infrastructure providers and carried out public consultation for a minimum period of 35 days, which closed on 7 January 2011. The results of the public consultation are as per the following;

Service Authority referral

	Agency	Submission Details	Action
1.	Department of Planning	From an officer level it is possible that the Commission may not support the proposed PAW closure. Although it is identified by the City as ‘non-essential’ in the wider pedestrian network, it does provide a greater ease of access to local public transport facilities and a primary school for those living within Collision Place. When the full report is provided, including public consultation and all the necessary steps required in accordance with the ‘Procedures for the Closure of Pedestrian Access Ways’, the Commission will be able to make a more conclusive decision.	Noted.
2.	WA Police	Refer ‘Step 2’ Contextual Crime Assessment	Noted
3.	Water Corporation	Water Corporation has no objection to the proposed closure. The PAW contains a 100RC water main, which should not be located within private property. Cutting and capping of the water main will be required at each end.	If closure is progressed, these works will need to be completed by the water Corporations contractors at the expense of the landowners.
4.	Western Power Corporation	No objections. Note – If existing infrastructure needs to be relocated due to any requirement of the proposed amalgamation then Western Power upon receipt of a request will advise what costs will apply or if easements could be an appropriate option.	Noted
5.	WA Gas Networks	WA Gas Networks has no assets in the area specified and have no proposed work which will require amendment to your works.	Nil
6.	Telstra	Telstra records indicate that there are no Telstra assets within the area of the subject proposed closure. No objections. However Tesltra plant records indicate the approximate location of plant and that constructors and landowners have a responsibility to anticipate and request nominal location of Telstra plant in advance of any construction activities including ‘dial before you dig’ and potholing and physical exposure to confirm actual locations of plant.	Noted

Public Submissions

Fay Parrella

Objects to the closure of the PAW on the following grounds;

· Experienced no problems with the PAW

· Others in the street use the PAW.

· Her children may (as they get older) use the PAW to walk to school.

· Does not want the adjoining landowner to have a common boundary and prefers the separation that the PAW provides.

Requests that the City assist the other abutting landowners with possible security measures including the following;

· Have bright lights installed at the ends of the PAW.

· Increase the fence height in the lower areas that exist along the PAW.

· Install security cameras.

· Increase Ranger security patrols.

· Improve security within the abutting dwellings including security screen doors, security windows, alarm systems and repair fencing.

Noted

Darren Chapman

The PAW provides convenient access for local residents to go to the local shops and local primary school and other locations. I have not witnessed any anti-social behaviour coming from this pathway and I don’t see any reason why it should be closed.

Noted

Barry Lockhart

I use this PAW when walking my dog and would be disappointed if it were closed. Rawlinson Drive can get quite busy and it would mean that I have to cross the road at a roundabout intersection. When we purchased the property four years ago, we looked for a culdesac road with a walk through specifically.

Noted

STEP 2 – CONTEXTUAL CRIME ASSESSMENT

CONTEXTUAL CRIME ASSESSMENT

Reliable information about actual and perceived levels of crime associated with a pedestrian access way is a crucial backdrop to decision making about interventions aimed at reducing crime and anti-social behavior. It is uneconomic to commit resources to crime prevention or improving the security of a PAW, which does not have a crime problem.

The following information should be obtained regarding actual crime and perceived crime from users of the PAW and those living or working in close proximity.

· Recorded crimes against users

· Recorded crimes involving damage or theft.

Recorded Crimes (Police Data)

Warwick Police have reviewed reported crime for both Rawlinson Drive and Collison Place for the 2010 period and provided the following information.

· Burglaries at 8, 16 and 46 Rawlinson Drive and 21 Collison Place.

· Stealing at 4 and 8 Rawlinson

· 2 x Robberies in Rawlinson from 1 incident

· 1 x Trespass Rawlinson

· 1 x Steal motor vehicle Rawlinson cross of Mirrabooka

· 1 x damage at 30 Rawlinson

Warwick Police have advised that the extent of reported crime is not a huge volume considering the length of Rawlinson and that no crime was directly linked or recorded as being directly linked to the PAW.

Recorded damage to the PAW (COW Maintenance data )

Two recorded requests to the City to maintain and clean up rubbish in the PAW. One request in 2007 and the other in 2010.

No recorded requests for graffiti removal from the PAW.

Recorded Data on Safer Citizens/Security Call-Out

No recorded reports of anti-social behaviour or crime related incidents in the subject PAW within the last 12 months.

Anti-social activity log (provided by the applicant)

An anti-social behaviour log has been submitted by the owner of 8 Rawlinson Drive. The log identifies several recorded incidents occuring last year and other ongoing incidents including the following:

· Home ‘break in’ (reported to police March 2010).

· Broken bottles.

· Graffiti

· Syringes in laneway

· Loitering

· Noise

· Litter

RESULTS OF CONTEXTUAL CRIME ASSESSMENT

The results of the contextual assessment indicate that there is some identified risk of anti-social behaviour occurring within the PAW, although the overall extent of recorded crime and reports of antisocial behaviour are relatively low. It is noted that the applicants dwelling does have a higher number of recorded incidents than other properties (based on the WA Police data) and that there may be specific issues associated with the building security, orientation or location as a target for anti-social behavior and crime. Whilst the PAW is considered to be ‘non-essential’, consideration of the merits of closing the PAW is required using the decision tree (below), which indicates that a situational crime assessment should be completed along with any recommendations for improvements/upgrades of the PAW or possible closure.

(Source – ‘Reducing Crime and Antisocial behaviour in Pedestrian Access ways 2009 – WAPC’):

STEP 3 – SITUATIONAL CRIME ASSESSMENT

INFRASTRUCTURE PROVIDER IDENTIFICATION

PAW’s are often used to locate private and public infrastructure such as water, sewer, gas pipes and electrical cables. The City’s GIS –Utilities system indicates that the PAW contains the Water Corporations reticulated water services. Other infrastructure may exist within the PAW and as such consultation has occurred with all relevant providers as part of the consultation process (.i.e. Water Corporation, Telstra and Western). No specific objections were received, however some service modification works will be required to the Water Corporations infrastructure at the cost of abutting purchasers.

PHYSICAL ASSESSSMENT (photos included)

Location: Between Rawlinson Drive and Collison Place, Marangaroo

Design Characteristics: The subject PAW is 4 metres wide and approximately 60 metres long. The path is 2 metres wide with 1.0 metre landscape strips on either side. The path slopes gently from Rawlinson Drive to Collison Place and has a bend in the middle preventing a direct line of sight between the ends of the PAW.

Paving: The paving is older concrete in average condition.

Fencing: The PAW has super six/fibro fencing along both sides of its entire length. The fibro fencing is in average condition with some evidence of damage.

Landscaping: The PAW has no vegetation with the exception of small weeds. Some additional maintenance could be carried out, however, the PAW is in generally in acceptable condition.

Lighting: Street light exists at either end of the PAW.

Access Barriers: The PAW has access barriers at either end.

Antisocial Behaviour: A few empty bottles and cans and some evidence of graffiti was noted that might indicate some extent of anti-social behavior and/or littering.

Collison Place end of the PAW

Rawlinson Drive end of the PAW.

The bend in the PAW obscures sight lines between the entrance and exit of the PAW. The overgrown vegetation in this location compounds the issue by further obscuring the users sight lines.

The PAW has no surveillance from the adjoining property’s.

The boundary fence is in poor condition along several sections, with some sections painted and others unpainted.

The boundary fence along 8 Rawlinson Drive is only 1.5 metres at is lowest point , which enables users of the PAW to view into the backyard of this property.

DESIGNING OUT CRIME PAW ASSESSMENT – TABLE 1 (RISK CRITERIA)

1. The pedestrian access way is overlooked (visual surveillance) at either of its ingress/egress points.	YES
2. The pedestrian access way is overlooked (visual surveillance) along its route.		NO
3. Does the pedestrian access way have adequate lighting (eg facial recognition at 10 m distance)?		NO
4. On entering the pedestrian access way, can you see the exit?		NO
5. There are no entrapment spots or hiding places along the length of the pedestrian access way.		NO
6. The pedestrian access way is appropriately maintained.		NO
7. The boundaries between public space and private space are clearly defined.	YES
8. The boundaries between public space and private space are robustly fenced.		NO
9. Does the pedestrian access way have signs indicating acceptable Behaviour?		NO
10. The pedestrian access way is wide enough to allow pedestrians to pass each other easily.	YES
11. The pedestrian access way is not adjacent to vacant land or property.	YES
12. The pedestrian access way is not close to a supplier of alcohol (eg liquor store, hotel, tavern, bottle shop).	YES
13. The pedestrian access way is not a path to a school.		NO
14. The pedestrian access way is not close to an ATM, public telephone box or public toilet	YES
TOTAL	6	8

Designing out crime pedestrian access way assessment (number of yes answers)

· High designing out crime pedestrian access way assessment (low vulnerability pedestrian access way): 10-14

· Medium designing out crime pedestrian access way assessment (medium vulnerability pedestrian access way): 5-9

· Low designing out crime pedestrian access way assessment (high vulnerability pedestrian access way): 0-4

SOCIO ECONOMIC VULNERABILITY ASSESSMENT

The Australian Bureau of Statistics socio-economic index for areas (SEIFA) is obtained from the ABS website and provides a means for assessing the relative socio-economic advantage of different areas based on census data. The SEIFA data can be used alongside the physical analysis to represent whether a PAW is likely to be of a high or low crime risk due to socio-economic context. The SEIFA information released by Australian Bureau of Statistic in May 2008 (2006 data) has been utilised and whilst the City does not associate a direct link between SEIFA data and a particular area, the WAPC guidelines indicate that statistically areas of lower socio-economic status are often associated with increase crime levels.

City of Wanneroo SEIFA Rating derived from the Australian Bureau of Statistic – 2006 (released 2008)

SUBURB	SEIFA RATING	SUBURB	SEIFA RATING	SUBURB	SEIFA RATING
Alexander Heights	1004	Hocking	1060	Pearsall	1091
Ashby	1026	Jandabup	N/A	Pinjar	N/A
Alkimos	N/A	Jindalee	1165	Quinns Rocks	1032
Banksia Grove	946	Koondoola	875	Ridgewood	991
Butler	1066	Landsdale	1082	Sinagra	1053
Carabooda	1002	Madeley	1071	Tapping	1076
Carramar	1095	Marangaroo	958	Tamala Park	N/A
Clarkson	990	Mariginiup	N/A	Two Rocks	948
Darch	1084	Merriwa	954	Wangara	1008
Eglington	N/A	Mindarie	1121	Wanneroo	995
Girrawheen	884	Neerabup	1007	Woodvale	1101
Gnangara	N/A	Nowergup	1011	Yanchep	979

*City of Wanneroo Average 1023

OUTCOME – RECOMMENDED MANAGEMENT ACTIONS SHOULD THE PAW CLOSURE NOT BE PROGRESSED

The PAW locality has a relatively low SEIFA score of 958 (City of Wanneroo average 1023) and a medium DOCPA score of six (6). The PAW is considered to be a ‘MEDIUM to HIGH RISK’ pedestrian/cyclist access link.

The following table represents strategies that may be implemented by the relevant business unit of the City to assist in designing out crime in the subject PAW. The following strategies are the actions that may be recommended by Planning Implementation, however, the relevant business unit will need to determine the priority and suitability of implementing these recommendations. The recommendations of the Council report will include appropriate strategies relevant to the subject PAW, should closure not be supported by Council.

· Remove overhanging vegetation to improve sight lines

· Remove graffiti quickly to send the message that the PAW is being properly managed as a public space.

· Clean and make repairs quickly

· Ensure that the walking surfaces are well maintained.

· Improve lighting (brighter lights) to enhance visibility both ends of the PAW or the possibility of lighting along the route of the walkway (also sensor lighting).

· Install safety mirrors to improve sight lines

· Clear weeds and shrubs

· Install permeable fencing

· Increase passive surveillance

· CCTV for high use PAWs near commercial areas

· Mobile CCTV

· Install signage

· Density matting, climbing plants on fencing subjected to vandalism. This technique can also make accessing the abutting property’s more difficult.

· Install bollards to restrict vehicle access

· Closing PAW during vulnerable times (i.e. sunset to sunrise)

· Establish police or security patrols

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 108

Sustainability Investment Reserve Fund Expenditure and Reporting Policy

Policy Owner: Planning and Sustainability

Contact Person: Sustainability Officer

Date of Approval:

POLICY OBJECTIVE

To outline the purpose of the sustainability investment fund, the process for expenditure and how financial savings will be reinvested back into the fund.

POLICY STATEMENT

· Identify criteria for project assessment and selection

· Develop a process for fund expenditure

· Identify what savings are and how these will be reinvested back into the fund.

SCOPE

City of Wanneroo projects with measurable sustainability outcomes.

Background

In June 2010, Council approved the allocation of seed funding to a reserve for the purpose of expenditure on sustainability initiatives that demonstrate improved environmental benefit and financial savings. It is expected that the fund will be replenished through the Council budget for a five year period after which the fund will be self sustaining by accumulating the demonstrated savings achieved through the implementation of the environmental initiatives. This time period will be reviewed as the policy is implemented to ensure the fund is able to adjust to the large growth in population currently being experienced and ensure financial self-sufficiency is established.

Through the annual Budget adoption process, Council will determine the continuing allocation of any future funds to the SIF and replenishment of the SIF using savings generated by the sustainability initiatives.

CONSULTATION WITH STAKEHOLDERS

An investment plan will be developed at the beginning of each financial year and shall involve consultation with Executive Management Team and approval by Council, to ensure the highest priority projects which offer the greatest environmental and financial rewards are funded.

IMPLICATIONS (Financial, Human Resources)

Investment tracking may require the use of additional resources (staff, contractors or materials) in order to effectively report, especially as the fund grows and larger projects are funded. It is the responsibility of the City’s Sustainability Officer to demonstrate that resources are available and gain commitment to meet the reporting requirements.

IMPLEMENTATION

The City’s Sustainability Officer will request potential projects from across the organisation on an annual basis. Potential projects will then be reviewed and if acceptable collated with others as part of an annual recommendation to the Executive Management Team (EMT) in an investment plan, which will be subject to Council approval. The assessment will be based on a project’s ability to provide environmental benefit, while providing a saving that provides an average of less than twenty four months to repay initial funds. An investment may be an entirely new proposal, or to supplement an existing proposal paying a “premium” to allow for greater consideration of whole of life costing and benefit.

Each project will include a tangible reporting mechanism for demonstrating savings. Only reporting mechanisms that contain known, measurable variables^{^[1]} will be considered as suitable for isolation to return to the fund. Where there are further estimated savings^{^[2]}, these will be included in the report, but will be deemed as associated benefit and not isolated for return. Reporting on fund progress will be presented during the budget preparation period and as part of the Annual Report with estimations of current savings to coincide with budget requirements for the next financial year.

Additional communication on the success of the SIF may be communicated through other methods such as the CEO report or Clipboard as deemed appropriate.

ROLES and RESPONSIBILITIES

Council will endorse the funding for the sustainability investment reserve on an annual basis and will be responsible for approving the annual investment plan.

Release of the reserve funds in accordance with the approved Investment Plan will be the responsibility of the Director, Planning and Sustainability following presentation to EMT.

The Sustainability Officer is responsible for assessment of potential projects to be implemented through the fund, preparation of a report to EMT for release of the funds and preparation of annual reports and project updates.

Assessment, implementation and reporting of the projects will be overseen by the Principal Environmental Planner.

DISPUTE RESOLUTION

All disputes in regard to this Policy will be referred to the Director, Planning and Sustainability.

WHO NEEDS TO KNOW about THIS POLICY?

All service units can request projects be considered and the entire organisation should be aware of the Policy.

EVALUATION and Review Provisions

The effectiveness of the Policy will be established through the success of the projects supported through the Fund. Environmental improvement and financial savings will be monitored and included in annual reporting.

Environmental improvement will be measured by establishing a baseline and then measuring set criteria to demonstrate environmental benefit. For example, carbon emissions reductions can be established through current electricity usage, reduced energy usage will produce a known reduction in carbon emissions. Other environmental variables that could be used to demonstrate environmental improvement include water quality, reduced water use, reduced waste production and protection of biodiversity and associated habitat.

Financial saving will be assessed by tracking known variables and demonstrated monetary savings.

Projects will be tracked and savings isolated for their complete life cycle or up to a maximum period of five years.

RESPONSIBILITY FOR IMPLEMENTATION

Sustainability Officer

Version	Next Review	Record No:
	June 2013

PS09-04/11 Final East Wanneroo Structure Plan

File Ref: 2079 – 11/17188

Responsible Officer: Director, Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 9

Issue

To consider the final East Wanneroo Structure Plan (EWSP) which has been released by the Western Australian Planning Commission (WAPC), and the concerns it presents in respect to the timely provision of certainty to landowners in that area regarding prospects for future urban use.

Background

Draft EWSP (November 2009)

The draft EWSP was released for public comment by the WAPC in November 2009. Key plans included in the draft are included as Attachments 1 and 2 to this report.

The draft was considered at Council’s meeting of 15 December 2009 (item PS05-12/09). It was resolved that Council:

“1. ENDORSES the comments contained in Attachment 4 as the basis for the City’s submission to the Western Australian Planning Commission on the East Wanneroo Structure Plan; and

2. NOTES the Mayor has already addressed the Council’s concerns to the Hon. Minister for Planning on the consultation strategy and lack of information by the Department of Planning.

3. INVITE the Member for Wanneroo to hold a public forum for local affected residents and key interested parties to enable the stakeholders to identify issues of concern and to seek practical solutions.”

Further details concerning the comments contained in Attachment 4 referred to in point 1 of the above resolution, and particularly how these have been (or not been) addressed in the final EWSP, are provided in the Comment section below.

Analysis of Public Submissions Report (June 2010)

In June 2010, the WAPC released an ‘Analysis of Public Submissions’ report. This analysed the key issues raised in the 738 submissions received on the draft EWSP and included an indication as to how the WAPC intended to respond to these issues, including, in general terms, the changes intended to the draft EWSP.

The report advised that the Department of Planning (DoP) would be proceeding to prepare the proposed final EWSP for WAPC consideration around the end of that year.

Detail

The final EWSP was released by the WAPC on 27 January 2011. Copies of the plan have been provided to each Elected Member.

The main parts of the EWSP are Section 5 (‘The Structure Plan’) and Section 6 (‘Implementation’). Section 5 includes five ‘key strategic objectives’ of the plan. The overriding objective of the Plan is “To provide a high level strategic framework to guide future more detailed planning within the study area and identify matters requiring further investigation”. Section 5 also includes a EWSP map (see Attachment 3) and description of the five ‘key elements’ of the Structure Plan. These relate to land use, public utilities, ecology and environment, movement and access and economy and employment.

Section 6 includes an ‘Implementation Plan’ (section 6.2) which deals with:

· Amendments to the Metropolitan Region Scheme (MRS) and City of Wanneroo District Planning Scheme No. 2 (DPS 2);

· District and Local Structure Plans;

· Staging of urban development;

· Land assembly and financing infrastructure;

· Development sequencing. (This refers to an Appendix B of the Structure Plan, part 1 of which is a plan showing the study area divided into precincts, with dwelling potentials given for each precinct (see Attachment 4). Part 2 is a table which summarises current servicing capacity for each precinct, and infrastructure required for each precinct).

The implementation aspect of the EWSP is particularly important and further details regarding the EWSP’s proposals for this are provided in the following Comment section.

Consultation

Nil

Comment

COMPARISON OF THE FINAL EWSP AND THE DRAFT EWSP

The differences between the draft EWSP and the final EWSP are included in a table in Attachment 5. The key differences are briefly described below:

1. Key differences in the main Structure Plan maps:

a) A number of existing special rural subdivisions are proposed to remain rural, and not change to urban as proposed under the draft EWSP (see 2. b) and c) of Attachment 5).

b) An area in Wanneroo and Gnangara is proposed for urban use, rather than remaining rural as proposed under the draft EWSP (see 2. d) in Attachment 5).

c) An extension is proposed to the Wangara industrial area, north of Ocean Reef Road (see 2. g) in Attachment 5).

2. Key differences in the implementation proposals:

a) The draft EWSP proposed that initially, the MRS would be amended to Urban Deferred, and then subsequently the deferment status would be lifted following completion of local structure planning and preparation of development contribution arrangements. The final EWSP, while making some initial reference to rezoning to ‘Urban Deferred or Urban’, focuses on rezoning to Urban, with little consideration to a staged rezoning approach.

b) The draft EWSP did not propose a District Structure Plan stage of planning, while the final EWSP does. (The City’s position on this proposal of the draft EWSP was that it had no objection with there being no District Structure Plan, provided that the final EWSP includes an adequate level of detail to give effective guidance for preparation of local structure plans. The WAPC has evidently decided that it does now not wish the EWSP to provide that level of detail and guidance and has therefore reintroduced a requirement for district structure planning).

c) The draft EWSP proposed that most of the further studies required as a next stage to progress rezoning and planning of the area would be done by State and Federal agencies. However, the final EWSP places most of the responsibility for doing these studies with ‘proponents’ (i.e. landowners and developers) and the City.

This matter is discussed further under the heading of ‘Key Issues for Consideration’ below.

HOW THE FINAL EWSP HAS RESPONDED TO COUNCIL’S SUBMISSION ON THE DRAFT EWSP

Council’s submission on the draft EWSP included comments on eight ‘major issues’ and 53 ‘Detailed Comments’. Rather than addressing all of the comments made in the submission in this report, only those key comments are addressed which the final EWSP is considered to have not satisfactorily responded to. A table is included in Attachment 7 which sets out the relevant submission comments and the response to each of those comments.

Significant submission comments and responses are briefly described below:

1. The City sought that a longer term planning horizon be used, and that on this basis, the East Wanneroo area not be viewed as the long term urban ‘edge’. The final EWSP continues to use only a 2031 planning horizon, and to view this as the long term urban ‘edge’.

2. A detailed implementation program needed to be prepared which clearly set out what was required to be done, by whom, and by when. The final EWSP does not include such a detailed program.

3. Detailed planning studies by the City should not be required to be carried out until MRS rezoning to Urban Deferred was in place. The final EWSP requires that the City completes such detailed planning studies (particularly in respect to district structure planning) as a prerequisite to MRS rezoning.

KEY ISSUES FOR CONSIDERATION

1. Proposed Implementation Plan

It is recommended that the EWSP’s proposed Implementation Plan be rejected for the following reasons:

a) It does not provide an adequately detailed implementation strategy in terms of exactly what now needs to be done to take matters to the point of landowners being in a position to apply to subdivide and develop their land. Such a strategy needs to set out in detail exactly what is to be done, by whom, and by when.

b) It involves the next phase of planning having to address not only whether land is suitable for future urban development, but how and when it would be developed. This means many further detailed planning studies (including detailed plans for infrastructure provision, staging, activity centres, detailed buffers to poultry and mushroom farms) having to be done which are unnecessary in terms of confirming suitability for future urban use, and would significantly prolong the process of giving landowners in the area certainty as to whether they are going to have a rural or urban future. The process should be aiming to provide certainty to all stakeholders as soon as possible through initially rezoning to Urban Deferred under the MRS. Such certainty would also provide the confidence required for the more detailed stages of planning to be undertaken, and give the City assurance that any costs it may incur in progressing the planning of this area should be able to be recouped through development contributions.

The studies which are likely to be required to confirm suitability of land for future urban use, and to determine any regional reservation requirements (which would also need to be included in a MRS Amendment to Urban Deferred) are listed in Attachment 8.

c) It puts the onus for doing the many further studies required to support an MRS amendment mainly on the landowners/developers and the City. While this approach may be workable for areas like the coastal ‘corridor’ west of Wanneroo Road which involves large landholdings owned by relatively few large developers, it is not workable for an area like East Wanneroo in terms of its fragmentation and land ownership patterns.

The final EWSP itself recognises this (page 35): “The mixed use nature of the Structure Plan, together with multiplicity of landownership and need for substantial infrastructure investment, will contribute to cost and complexity in achieving urbanisation. Implementation will require cooperation and involvement of State government agencies, local government, the private sector and the community. In particular, implementation will require a careful approach to staging and will necessitate preparation of developer contributions and cost sharing arrangements”.

Such a cooperative approach is required from the State government agencies and it is recommended that such cooperation now be sought on this matter, with the State Government needing to accept a significant role, particularly in confirming urban suitability of the land and determination of regional reservation requirements, as intended under earlier State Government reports on this area.

2. Provision of Infrastructure and Services

The implementation issues dealt with in 1. above focus mainly on what is required to be done to take the planning of this area from the broad level as now represented by the final EWSP, to the detailed level represented by Local Structure Plans and development contribution planning (after which subdivision and development can follow).

Strategic planning, however, involving integration of land use planning with the provision of the infrastructure and services which is required to enable development to actually occur is also required. This particularly relates to the provision of the key utilities such as water supply, sewerage and electricity, and especially the ‘mains’ infrastructure required for these. In accordance with Directions 2031 and Beyond, the Infrastructure Coordinating Committee of the WAPC is overseeing the preparation of a program aimed at facilitating the timely delivery of such infrastructure.

It will be important that the East Wanneroo area is given appropriate attention in this program, and that this flows onto the capital works programs of each agency, particularly the Water Corporation, which has indicated through the EWSP that significant water and sewerage related mains infrastructure will be required.

3. Environmental Issues

The final EWSP identifies the various environmental issues which will require further study, the key ones being:

· Obtaining of Federal Government environmental approvals in respect to Carnaby’s Black Cockatoo and the Graceful Sun Moth;

· Protection of regionally and locally significant bushland areas;

· Protection of significant wetlands and wetland buffers;

· Provision of ecological linkages;

· Groundwater management (including acid sulfate soils).

These issues should desirably be addressed in a holistic manner, requiring close cooperation of relevant Federal and State agencies and this City. There is a possibility that the Environmental Protection Authority (EPA) may require formal Environmental Review of proposed MRS Amendments for this area, and this would also require such a holistic approach, and would raise the question of who is to be the proponent, and therefore hold main responsibility for addressing these matters.

Implementation will also require a broad and cooperative approach: while it may be one thing to propose areas for protection, it is another to determine exactly how that protection is to be achieved, particularly if the intention is for the land concerned to be brought into public ownership.

The Gnangara Sustainability Strategy (GSS) study has recommended that parts of East Wanneroo should change from rural to urban use as this would not only assist in provision of affordable housing land in this part of the metropolitan region, but also because it would assist in addressing declining groundwater levels in the area, which is impacting on environmental values of the area. The GSS study argues for this area being able to urbanise as soon as possible, and for Government agencies to facilitate this in an effective manner. This also means not placing the onus for progressing the planning of this area mainly on the many small landowners in the area (which the WA Planning Commission is currently proposing), but rather the onus being placed more on the relevant Government agencies, particularly for the next stages of planning required.

4. Lack of Governance Structure

The issues dealt with in 1, 2 and 3 above will involve a need for close cooperation between a wide range of government agencies. To enable such close cooperation, an appropriate governance structure should be established by the WAPC.

5. Land Affordability and Choice

The existing East Wanneroo urban ‘cells’ from Madeley/Darch/Landsdale in the south, to Carramar/Banksia Grove in the north, are likely to be fully developed over the next few years. (East Landsdale and Banksia Grove will take somewhat longer to fully develop).

Full development of those areas, without the proposed new East Wanneroo areas being available for new residents, will mean a significant reduction in choice of location for future residents of this City.

It is also likely to mean a reduced availability of affordable housing land, as the eastern parts of this City have generally tended to be more affordable than the new residential areas nearer the coast.

This indicates a need for the planning and development of the EWSP area to be progressed in as timely a manner as possible, and again argues for an appropriate governance structure to be established to facilitate this.

6. Longer Term Strategic Planning

This City has previously made submissions on a number of State Government planning initiatives (e.g. draft Directions 2031, draft Gnangara Sustainability, draft EWSP), which argued that a planning horizon well beyond 2031 needed to be considered. On this basis, a strong case was felt to exist for longer term urbanisation to extend east of the urban areas proposed in the EWSP, into the current State forest areas, and potentially linking to Ellenbrook. Further development on State owned land would assist in justifying and delivering key infrastructure to support the growth corridor such as new road and rail links (to strategic sites like Neerabup) and a new regional airport.

Although these submissions have not proved successful to-date, the arguments put forward are still considered sound and it is therefore recommended that Council continue to pursue these initiatives.

This would have important implications for the planning of the EWSP area if successful, as it would mean infrastructure would need to be able to accommodate such additional growth.

7. Implications for Existing and Proposed Activity Centres

The EWSP estimates a dwelling potential of 24,900 dwellings for the potential urban areas proposed. This equates to a population of approximately 65,000. Such a significant additional population in this area would represent a substantial boost to the development potential of adjacent existing and proposed activity centres, particularly the Wanneroo Town Centre and the proposed Banksia Grove District Centre, greatly enhancing their prospects for becoming successful activity centres with a wide range of services and jobs. Should the development of the East Wanneroo area be delayed through inefficient planning processes or delays in major infrastructure provision then that would be expected to also delay the benefits which this future growth hold for these centres. This again argues for planning processes and enabling governance structures which will facilitate the timely planning and provision of infrastructure for this area.

8. Consideration of Planning Proposals

At its meeting of 11 December 2007 (item PD01-12/07), Council considered the ‘Future of East Wanneroo’ report of the WAPC. This report preceded the draft EWSP. In summary, Council resolved to:

a) Endorse a process prepared by Administration for how to progress the planning of the proposed East Wanneroo Urban areas (see Attachment 9)

b) Not to support any independent planning proposals for this area which may be viewed as premature in relation to the above planning process;

c) Require the Director, Planning and Sustainability to only accept planning proposals for the consideration of Council if the Director was satisfied that the proposal was not premature having regard to the stage reached in the planning process generally for the area and particularly having regard for the process referred to in a) above.

The process set out in Attachment 9 is still considered to be generally sound, but should not be relied upon as a long-term City position on planning and development in East Wanneroo, for the simple fact that the planning landscape has now changed (with the release of the EWSP) since that Council position was adopted in December 2007. With the release of the EWSP, landowner pressure and expectations to progress planning for the area will understandably rise over time, and it will be both insufficient and ineffective for the City to indefinitely deal with planning proposals on a case-by-case basis, in accordance with Council’s December 2007 resolution.

Administration was hopeful that the EWSP would include some meaningful guidance for implementation to avoid the need for the City to continue to rely on its December 2007 resolution, but that has not occurred. Consequently, for the benefit of affected landowners and in order to proactively advance the planning of the area, Administration is proposing to prepare a Local Planning Policy for Council’s consideration, to clearly dictate the City’s requirements and expectations for progressing planning proposals in East Wanneroo. Council’s December 2007 resolution will serve as an acceptable interim position for dealing with such proposals, until it is superseded by a more comprehensive and formal policy position, adopted under DPS 2.

A Local Planning Policy for the EWSP area will need to identify, among other things, the various steps in the planning process that need to be completed in order for a proposal to gradually progress towards development (if at all), and the prerequisites that need to be satisfied before a proposal is allowed to progress to the next stage of planning. It is envisaged that such a policy could dissect the broader East Wanneroo area into more manageable and clearly defined precincts that share common characteristics, opportunities and constraints, so that the planning in less constrained and more developable precincts can progress without being disadvantaged or delayed by issues and constraints that affect other, more remote precincts.

If Council supports this approach, Administration will commence preparation of a Draft Policy immediately, to clearly determine what Council will expect and accept in terms of planning proposals in the East Wanneroo area.

9. City Position on the Final EWSP Land Use Proposals

Further studies will be required to be completed to confirm suitability of the subject land for the urban and other uses proposed. It is recommended that Council reserves its position at this stage regarding the various proposals shown on the EWSP map, pending the outcome of those studies.

10. Community Perception of ‘Ownership’ of EWSP Document

It needs to be made very clear to the community that the EWSP is a WAPC document, and not a City of Wanneroo document.

The EWSP itself gives a misleading impression regarding the extent of this City’s involvement in the preparation of the final EWSP, by stating that it has been prepared in close consultation with the City Of Wanneroo (page 2). While City Administration was reasonably closely involved in the preparation of the draft EWSP, and the early stages of preparation of the final EWSP, it was not involved in the final stages.

In preparing the final EWSP, the DOP and WAPC have chosen to ignore many of this City’s key comments and concerns in relation to the future planning of East Wanneroo, particularly to the next stages in the planning process. The issues raised in this report need to be addressed by the State Government as a matter of urgency to provide clarity and certainty to the residents of East Wanneroo.

11. Comparison with Processes Involved with Existing East Wanneroo Urban ‘Cells’

It may be useful to briefly compare what is currently being proposed by the EWSP in terms of planning and implementation process, with what has occurred in respect to the existing East Wanneroo urban ‘cells’ (referring to the new residential areas located east of Wanneroo Road and north of Hepburn Avenue, comprising the localities of Madeley, Darch, Landsdale, Pearsall, Hocking, Sinagra, Ashby, Tapping, Carramar, Banksia Grove and parts of Wanneroo).

In the case of the latter, that area was first proposed for urban use, at a regional strategic level, through ‘Metroplan’, which was adopted as the new strategic plan for the Perth metropolitan region in 1990 (and which has subsequently been replaced by ‘Directions 2031 and Beyond’).

In 1992, a revised North West Corridor Structure Plan (NWCSP) was approved, which included broad structure plan proposals for the proposed new urban areas east of Wanneroo Road as described above.

Having prepared the NWCSP, the then State planning agency (Department of Planning and Urban Development – DPUD) proceeded to prepare a major amendment to the MRS to rezone the proposed urban areas to Urban and Urban Deferred zones under the MRS and the then State Planning Commission and the then Minister for Planning approved initiation of the amendment. Through this process, with the State planning agency as proponent, that area was rezoned for urban use under the MRS.

The fundamental difference between the older areas of East Wanneroo and what is proposed now is that the State Government provided the lead role in the MRS amendment process to rezone land to Urban/Urban Deferred which they are leaving to the landowners/City to progress in the case of the current EWSP. There is a long established precedent and process which works and this raises concerns with the current implementation process which, given the fragmented land ownership, is unlikely to progress efficiently.

Statutory Compliance

Nil

Strategic Implications

The final EWSP has important implications for all of the outcomes sought under the City’s Strategic Plan, and especially for the following objectives of the plan:

“1 Environment

1.1 Improve conservation of local biodiversity in designated areas

1.1.1 Improve local biodiversity protection.”

Policy Implications

The City’s Smart Growth Local Planning Policy requires that sustainability related considerations be properly taken into account.

Local Planning Policies 4.1 (Wetlands), 4.2 (Structure Planning) and 4.3 (Public Open Space) will also be relevant when those issues are subsequently addressed in further detail.

Separately to the above, and as outlined earlier in this report, Administration intends to prepare a Local Planning Policy for Council’s consideration, to establish a more contemporary position on what the City will accept and expect in terms of planning proposals in the East Wanneroo area. In accordance with DPS 2, such a policy will need to be advertised for public comment if accepted by Council. This would include referral to affected landowners, developer stakeholders and government agencies for comment.

Financial Implications

Plans involving change of use of a large rural area to urban has significant financial implications for the City, particularly in relation to provision of infrastructure and services which will be required by these future urban communities. The preparation of the plans themselves (and the supporting studies required), where not able to be undertaken by developers, can also be costly.

This will need to be addressed through preparation of developer contribution plans for these areas.

It should be noted that developer contributions are only able to be charged if the land concerned is actually rezoned and developed for the proposed urban use. This argues for the City not incurring any costs intended to be recouped through developer contributions, until there is adequate certainty provided, through Urban Deferred zoning being in place.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. REQUESTS the Western Australian Planning Commission (WAPC) to prepare a detailed and clear implementation process that addresses the issues raised in this report.

2. REQUESTS the WAPC to fund the various studies required to enable initiation of rezoning to Urban Deferred, and reserving the relevant regional reservations, under the Metropolitan Region Scheme.

3. SEEKS a deputation with the Infrastructure Coordinating Committee of the WAPC to discuss the matter of future infrastructure provision for the East Wanneroo area.

4. REQUESTS the WAPC to establish a governance structure which can facilitate a properly coordinated approach across Federal, State and Local Government to the planning and development of the East Wanneroo area.

5. ADVISES the WAPC that Council maintains the view expressed in its previous submissions on State planning initiatives affecting this area, that a longer term planning horizon is required, and on this basis, consideration should be given to longer term urban development to extend further eastward into the State forest area, potentially linking to Ellenbrook. Prior to decisions being made on this matter, provision should be included in the planning of the EWSP area to make it robust enough to be able to accommodate such longer term development.

6. REQUIRES Administration to prepare for Council’s consideration a Local Planning Policy to define the City’s expectations and requirements for progressing planning proposals in East Wanneroo and REAFFIRMS its resolution of 11 December 2007 (item PD01-12/07) as the City’s interim position on planning proposals for the East Wanneroo area, until such time as an alternative policy position is adopted by Council.

7. RESERVES its position regarding the various land use proposals shown on the East Wanneroo Structure Plan map pending the outcome of the studies required to confirm the suitability of the subject land for those uses.

8. WRITES to all landowners in the East Wanneroo Structure Plan study area, clarifying that the East Wanneroo Structure Plan is a State Government document and therefore any comments in relation to that document should be directed to the Department of Planning or the WAPC, and advising of Council’s position as set out in this resolution.

9. WRITES to the Minister for Planning, advising of Council’s concerns on this matter as set out in this resolution, and advising that should the WA Planning Commission not satisfactorily address these concerns, Council may consider requesting the Minister to give direction to the Commission pursuant to Section 17 of the Planning and Development Act 2005, requiring that the Commission take the necessary actions to satisfactorily address these concerns.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 125

DIFFERENCES BETWEEN THE DRAFT EWSP AND THE FINAL EWSP

Draft EWSP

Final EWSP

1. Detail of Maps

Included a detailed map showing the EWSP proposals on the cadastral base (showing individual properties). (see Attachment 2)

Does not include a cadastral-based map. The final EWSP map (Attachment 3) could be seen to be somewhere between the maps shown in Attachments 1 and 2 in the terms of level of detail.

2. Main Structure Plan Maps

a) Legend refers to ‘urban’ land.

Legend refers to ‘potential urban’ land

b) Area on the south east corner of Neaves Road and Greenvale Place, Mariginiup (the existing Lake Adams and Pennygum Special Rural Estates – marked as “A” on Attachment 6) shown as Urban, and the Lake Adams wetland area as Parks and Recreation.

This area shown as rural

c) The existing Special Rural Subdivision generally situated between Lenore Road and Badgerup Lake, Wanneroo (marked as “B” on Attachment 6) shown as Urban.

This area shown as Rural, except for a narrow strip of land along Lenore Road which is shown as Potential Urban

d) The area situated south of the proposed eastern extension of Elliot Road and between the Nanovich Park reserve and Sydney Road (marked as “C” on Attachment 6) shown as rural.

This area shown as Potential Urban.

e) Overall extent of urban land has an estimated dwelling potential of 24,000.

Overall extent of Potential urban land has an estimated dwelling potential of 24,900.

f) Area south of Neaves Road marked as “D” on Attachment 6 shown as Rural.

This area shown as a northern extension of the ‘Employment Purposes’ area.

g) Area north of Ocean Reef Road marked as “E” on Attachment 6 shown as Rural.

This area shown as a possible extension of the Wangara industrial area. (The draft Industrial Land Strategy 2009 (Perth and Peel) also proposed this extension).

h) The pocket of current State Forest land situated generally between Pine Crest Way and Paini Way, Jandabup (marked as “F” on Attachment 6) shown as Parks and Recreation.

This area shown as State Forests.

i) Badgerup Road shown as a “District Road”.

This road shown as an “Other Regional Road”, and with a different alignment between the Elliot Road extension and Sydney Road extension (see “G” on Attachment 6).

j) Elliot Road shown as an “Other Regional Road” between Wanneroo Road and Lenore Road.

This road shown commencing as an “Other Regional Road” from roughly midway between Wanneroo Road and Lenore Road (see “H” on Attachment 6).

k) Sydney Road extension proposed with a straight alignment to the south-east of Lake Jandabup (see Attachment 2).

A different alignment proposed for this road extension (see “I” on Attachment 6).

l) An alignment proposed for the northern extension of Lenore Road, to Neaves Road.

A different alignment proposed for this road extension at points marked as “J” Attachment 6.

m) An alignment proposed for a “Ranch Road” east-west Other Regional Road, to the north of Lake Mariginiup.

A different alignment proposed for this road link at the point marked “K” on Attachment 6.

n) The proposed new north-south primary road shown linking into either Old Yanchep Road or Flynn Drive.

This road shown linking into Old Yanchep Road (see “L” on Attachment 6).

o) The treatment of intersection of Neaves Road and the proposed north-south primary road shown as still to be determined.

A treatment shown for this intersection, including a northern realignment of Neaves Road (see “M” on Attachment 6).

p) A Proposed District Centre and ten proposed Local Centres shown.

These centres not shown. (The final EWSP instead says that this will be determined in subsequent stages of structure planning).

q) Showed “Ecological linkages” (see Attachment 1) and ‘priority local natural areas’ (see Attachment 2).

These are not shown on the final EWSP map (Attachment 3), however the EWSP report does include a separate map (Figure 10) which does show these, and proposes that provision of these be addressed in subsequent stages of structure planning.

3. Proposals for Implementation

a) Proposed that land initially be rezoned to Urban Deferred under the Metropolitan Region Scheme (MRS).

While initially referring to rezoning to either Urban or Urban Deferred under the MRS, then only describes requirements for rezoning to Urban (not Urban Deferred).

b) Detailed the further studies required prior to MRS rezoning to Urban Deferred.

Refers to the following requirements for rezoning to Urban under the MRS:

· Eight criteria to be addressed;

· A number of studies and strategies to be prepared;

· Federal environmental approvals to be obtained;

· A District Structure Plan (DSP) likely to be required (with the matters which a DSP would be required to address then being listed).

c) Did not require District Structure Planning.

Requires District Structure Planning.

d) Proposed a significant role by State and Federal agencies in the undertaking of the further studies required for rezoning to Urban Deferred under the MRS.

Places the onus largely on the proponent and the City for the undertaking of the various tasks required for rezoning to Urban under the MRS.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 137

City Businesses

Regulatory Services

CB01-04/11 Application to Keep More Than Two Dogs

File Ref: 2323 – 11/21440

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider five applications for an exemption under section 26(3) of the Dog Act 1976 to keep more than two dogs.

Background

Clause 14 of the City of Wanneroo Animals Local Law 1999 (Amendment 2008 GG 508) stipulates:

“A person shall not keep or permit to be kept on any premises more than:

a) 2 dogs over the age of 3 months and the young of those dogs under that age; or

b) 6 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated on a lot having an area of 4 hectares or more,

unless the premises are licensed as an approved kennel establishment or have been granted exemption pursuant to section 26(3) of the Dog Act and have planning approval under the town planning scheme.”

Detail

The following applications have been made under the Dog Act 1976 and are submitted for consideration:

Address of Applicants	Description of Dogs
17 Cresswell Place, Quinns Rocks	1. Female sterilised black Staffordshire Terrier 2. Female sterilised black and tan Shepherd cross 3. Male unsterilised black Shepherd cross
12 Wonambi Way, Wanneroo	1. Male sterilised black and white Siberian Husky 2. Male unsterilised black and white Siberian Husky 3. Male unsterilised black and white Siberian Husky
54 Monaltrie Loop, Carramar	1. Female unsterlised grey and white Maltese cross 2. Male sterilised grey and white Maltese cross 3. Female sterilised grey and white Maltese cross
20 Maree Place, Gnangara	1. Female sterlised white Jack Russell 2. Male sterilised black Labradoodle 3. Female sterilised tan Kelpie X
76 Evandale Road, Darch	1. Female sterlised black and tan Rottweiler 2. Female unsterilised black and tan Rottweiler 3. Female unsterilised black and tan Rottweiler 4. Female unsterilised black and tan Rottweiler

Rangers have inspected the aforementioned properties to ensure means exist on the premises at which the dogs will ordinarily be kept for effectively confining the dogs within the premises.

Address of Applicants	Origin of Application
17 Cresswell Place, Quinns Rocks	Owner generated application to comply with local laws.
12 Wonambi Way, Wanneroo	Owner generated application to comply with local laws.
54 Monaltrie Loop, Carramar	Owner generated application to comply with local laws.
20 Maree Place, Gnangara	Application generated following complaint from neighbour.
76 Evandale Road, Darch	Application generated following complaint from neighbour.

Address of Applicants	Property Zonings	Size of Properties
17 Cresswell Place, Quinns Rocks	Residential	0.0722 hectares
12 Wonambi Way, Wanneroo	Residential	0.0684 hectares
54 Monaltrie Loop, Carramar	Residential	0.0740 hectares
20 Maree Place, Gnangara	Special Rural 02	1.0896 hectares
76 Evandale Road, Darch	Residential	2.1726 hectares

Consultation

Where applications have been received by the City to keep more than two dogs, residents immediately adjoining the applicant’s property in question are consulted by letter to ascertain if they have any objections.

On this occasion the following objection have been received:

Address of Applicant	Number of Objection Forms Received
17 Cresswell Place, Quinns Rocks	Nil
12 Wonambi Way, Wanneroo	Nil
54 Monaltrie Loop, Carramar	Nil
20 Maree Place, Gnangara	One
76 Evandale Road, Darch	Nil

Comment

In considering these applications for exemption, the following two options are available:

a) Council may grant an exemption pursuant to Section 26(3) of the Dog Act 1976 subject to conditions; or

b) Council may refuse permission to keep more than two dogs.

Application One: 17 Cresswell Place, Quinns Rocks

The applicant is seeking permission from the City to keep three dogs at 17 Cresswell Place, Quinns Rocks.

The third dog was given to the applicant by the original dog owner who could no longer care for it. A check of the City’s records reveals that prior to this application being made, no previous complaints have been lodged with Regulatory Services. Upon consultation with neighbouring properties no objections were received.

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs. The rear, side and front fences are 1.8 metres in height and are as such in compliance with the Dog Act 1976. The dogs are kept in a medium sized yard and sleep in the house at night. It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

Application Two: 12 Wonambi Way, Wanneroo

The applicant is seeking permission from the City to keep three dogs at 12 Wonambi Way, Wanneroo. A check of the City’s records reveals that prior to this application being made, no previous complaints have been lodged with Regulatory Services. Upon consultation with neighbouring properties no objections were received.

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs. The rear, side and front fences are 1.8 metres in height and are as such in compliance with the Dog Act 1976. The dogs are kept in a large yard and sleep in the house at night. It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

Application Three: 54 Monaltrie Loop, Carramar

The applicant is seeking permission from the City to keep three dogs at 54 Monaltrie Loop, Carramar. The applicant cares for the third dog one week in every two for her son that works in the mining industry. A check of the City’s records reveals that prior to this application being made, no previous complaints have been lodged with Regulatory Services. Upon consultation with neighbouring properties no objections were received.

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs. The rear, side and front fences are 1.8 metres in height and are as such in compliance with the Dog Act 1976. The dogs are kept in a large yard and sleep in a shed at night. It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

Application Four: 20 Maree Place, Gnangara

The applicant is seeking permission from the City to keep three dogs at 20 Maree Place, Gnangara. The applicant was previously successful in gaining approval to keep more than two dogs on the property, however the dog under the previous approval has now passed away and applicant would like to replace with a new puppy. There are no previous complaints recorded with regard to the keeping of dogs on the applicant’s property, however the application for an additional dog was received only after the neighbour complained to the City that there was a third dog on the applicant’s property.

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs. All fences are 1.2 metres in height with a gate of 1.2 metres in height in compliance with the Dog Act 1976 for Special Rural 02 properties. The dogs are kept in a large yard and sleep in the house at night. The objection to the third dog was based on that the dogs were barking every time the neighbour went out into her own back yard. Due to the one lodged objection in this instance relating to excessive noise, it is not recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

Application Five: 76 Evandale Road, Darch

The applicant is seeking permission from the City to keep four dogs at 76 Evandale Road, Darch. The two new puppies are to replace, eventually, the older two guard dogs which have various age related health conditions. A check of the City’s records reveals that prior to this application being made, a complaint was lodged in regards to the numbers of dogs on the property to Ranger Services. Upon consultation with neighbouring properties no objections were received.

A Ranger has inspected the property and confirmed it is adequate for the confinement and exercise of the dogs. The rear, side and front fences are 2 metres in height and are as such in compliance with the Dog Act 1976. The dogs are kept in a large yard and sleep in a shed at night. It is recommended that an exemption under section 26(3) of the Dog Act 1976 be granted.

Statutory Compliance

The exemptions sought to Council’s Animals Local Law 1999 are permissible under Section 26(3) of the Dog Act 1976.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.4 Improve community safety”

2.4.3 Develop and implement a range of activities that promote community inclusiveness, safety and well being.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. GRANTS an exemption under the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep three dogs at the following properties;

§ 17 Cresswell Place, Quinns Rocks

§ 12 Wonambi Way, Wanneroo

§ 54 Monaltrie Loop, Carramar

§ 76 Evandale Road, Darch

2. ADVISES that the exemption is subject to the following 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; and

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

3. ADVISES the applicant and adjoining neighbours of this decision in relation to the properties;

4. REFUSES an exemption to the City of Wanneroo Animal Local Law 1999 made under Section 26(3) of the Dog Act 1976 for the applicants at the property at 20 Maree Place, Gnangara;

5. ADVISES the applicant that they may appeal Council’s decision by writing to the Hon Minister for Local Government; Heritage; Citizenship and Multicultural Interests within 28 days of receiving notice of Council’s decision; and

6. ADVISES the adjoining neighbours of this decision in relation to the property at 20 Maree Place, Gnagara.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 142

CB02-04/11 Service Level Agreement Between the City of Wanneroo and FESA for the Provision of a Community Emergency Services Manager (CESM)

File Ref: 3916 – 11/23612

Responsible Officer: Director City Businesses

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider a request from the Fire and Emergency Services Authority of Western Australia (FESA) to sign a new Service Level Agreement (SLA) for the Provision of a Community Emergency Services Manager.

Background

In July 2002 the City of Wanneroo and FESA signed a Management Agreement (also referred to as a Service Level Agreement) incorporating a number of initiatives to be achieved during a two year period. It included agreed funding mechanisms to ensure improved service delivery outcomes.

In April 2004, following the expiry of the original agreement, FESA wrote to the City with a request to renew the partnership under cover of a new Service Level Agreement. When Council considered this request in August 2004 it was suggested that the City and FESA enjoyed a cooperative partnership at the operational level, and that it was that level of commitment that precluded the necessity to enter into a new SLA. This was reinforced by the financial security offered by the introduction of the Emergency Services Levy (ESL) and the established protocols and standards understood by both organisations. Accordingly, Council resolved not to enter into a further formal agreement.

Detail

FESA has recently reviewed the role of the Community Fire Manager (CFM) within local government and have developed a new Job Description and position title for a Community Emergency Services Manager (CESM). The position incorporates the role of Chief Bush Fire Control Officer (CBFCO) and is a shared cost between the City and FESA on a 50/50 basis. In conjunction with the review of the position FESA have developed an updated SLA (Attachment 1) and Business Plan (Attachment 2) for the CESM position and are requesting that the City become a signatory to the agreement.

An outcome of the Business Plan is to develop practices for fire management on local government bushland in the City. One of the strategies requires the CESM to engage with FESA’s Bush Fire & Local Government Relations Branch to conduct Hazard Reduction Burn programs in accordance with the allocated budget. A recommendation of this report will be to list $20,000 in future budgets to achieve this.

Consultation

No external consultation has been undertaken in the preparation of this report however, Council will be aware of heightened community interest in the role that local government plays in emergency management in light of the recent flooding and bushfire events across Australia.

Whilst the City continues to enjoy a very good relationship with FESA, the Administration believes that entering into a formal partnership will demonstrate Council’s ongoing commitment to emergency management and enhance our reputation in the community.

Comment

The role of the CESM has been expanded from that previously assigned to the CFM. As well as being responsible for fire management within the City the CESM will also be responsible for the management of all local emergencies, and hazard reduction. The SLA and action plan have been developed with this in mind. In summary the role of the CESM includes:

1. To ensure the implementation and delivery of fire preparedness, prevention, response and recovery services within the City.

2. To provide leadership and expert technical and professional advice to volunteer bush fire brigades and emergency volunteer groups.

3. To support, coordinate and deliver quality training for volunteer bush fire fighters.

4. In partnership with the City and community groups, to continuously seek to improve the mitigation of risk to the community from bush fires and other hazards.

5. To consult widely in the development, implementation and maintenance of fire management planning within the City of Wanneroo.

6. To manage the physical and financial resources of the City’s volunteer bush fire brigades.

7. To undertake the role of Chief Bush Fire Control Officer both operationally and administratively.

Currently there are five registered volunteer bush fire brigades within the City of Wanneroo. Three of these operate from the Ashby Operations Centre, one from Quinns Rocks and the other from Two Rocks. Advice from FESA is that these are likely to be viable for another 10 to 25 years. This highlights the important role the CESM/CBFCO plays in managing and administering these volunteer organisations and the need to formalise arrangements between FESA and the City. It is also important to note that the City of Wanneroo is considered a leader in fire management, and that the Wanneroo Volunteer Bush Fire (VBF) Brigades would probably be retained as a regional resource due to its strong volunteer base.

The SLA will take effect from the date of the last signatory and will remain in force for a three year period. There is an option for a further three year period subject to the agreement of both parties. The SLA includes a termination clause that allows for the termination of the agreement by the mutual agreement of both parties in writing, or either party by giving three months notice to the other party in writing.

FESA is currently reviewing the Fire Brigades Act 1942, Bushfires Act 1954, and the Fire and Emergency Services Authority of Western Australia Act 1998 with a view to amalgamating them into a single Emergency Services Act. It is too early at this stage to forecast any changes that may affect local government as a result of the review however, the process is likely to take three years and fits in well with the proposed three year duration of the SLA.

The Administration has discussed with the FESA North Coastal District Manager the potential for expansion to the ESL boundary that would result in FESA assuming a greater responsibility for fire management within the City. We have been advised that expansion is dependent on population growth and the establishment of new career fire stations within the City. There are no plans to extend the boundary in 2011/12 however, it may expand in 2012/13 due to rapid growth in the northern corridor. FESA review boundaries every 12 months in conjunction with affected local governments.

Currently the position of CFM within the City is filled through a temporary contract arrangement. The initial term of the contract was three months however, this has recently been extended by another three months. Commencement of the recruitment process for the vacant CESM (previously CFM) is on hold pending Council’s consideration of this report and signing of the SLA. There is some urgency to this as the state government recruitment process can be timely and is likely to require a further extension of the contract arrangements that are currently in place.

Statutory Compliance

The SLA itself does not constitute or create, and shall not be deemed to constitute, any legally binding or enforceable obligations on the part of either party. However, the City and FESA has obligations under the following legislation in relation to the provision of fire management services, and the appointment of officers in relation to the provision of those services:

· Local Government Act 1995

· Fire Brigades Act 1942

· Bush Fires Act 1954

· FESA WA Act 1998

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.4 Improve community safety”

“4 Governance

4.1 Improve strategic partnerships”

Policy Implications

Nil.

Financial Implications

The SLA is a standard document and is in use across 26 local governments. FESA anticipate this number will rise to 52 local governments by the end of next year. The ratio for cost sharing of this service is based on rates income with all larger local governments contributing the maximum 50%.

The cost of providing the CESM position at the City of Wanneroo is shared on a 50/50 basis, however FESA meet all costs associated with sanctioned overtime and on-call arrangements. Currently, the estimated annual cost to the City for the provision of the CESM position is $76,250. If Council were to opt out of the arrangement with FESA all costs would need to be met by the City.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. AUTHORISES the Mayor and the Chief Executive Officer to sign the Service Level Agreement between the Fire and Emergency Services of Western Australia for the Provision of a Community Emergency Services Manager;

2. NOTES that the Service Level Agreement will remain in force for three years from the date of signing, with an option for a further three year period subject to the agreement of both parties;

3. NOTES that one of the roles of the Community Emergency Services Manager is to undertake the role and responsibility of the City of Wanneroo’s Chief Bush Fire Control Officer, and assumes a leadership role in all local emergencies within the City of Wanneroo; and

4. NOTES that an amount of $20,000 will be listed in the future operating budgets, for the consideration of Council, to support FESA in carrying out Hazard Reduction Burns within the City’s bushland on an annual basis.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 146

SERVICE LEVEL AGREEMENT

between the

FIRE AND EMERGENCY SERVICES AUTHORITY

OF WESTERN AUSTRALIA

AND

CITY OF WANNEROO

FOR

THE PROVISION OF A

COMMUNITY EMERGENCY SERVICES MANAGER

1. PURPOSE

This Service Level Agreement (SLA) is intended to identify and document the respective roles and responsibilities of the CITY OF WANNEROO, (The City) the Fire and Emergency Services Authority of Western Australia, (FESA) and the Community Emergency Services Manager (CESM) as considered necessary to manage the City’s Fire and Emergency services.

This SLA recognizes the responsibilities and undertakings of the agencies within this agreement, for Fire and Emergency Services delivery to the City community in accordance with FESA’s best practices.

This SLA does not constitute or create, and shall not be deemed to constitute, any legally binding or enforceable obligations on the part of any party.

2. FESA

This SLA will support FESA’s mission, vision and values:

Mission: in partnership with the people of Western Australia to:

· Improve community safety practices; and

· Provide timely, quality and effective emergency services.

Vision: A safer community.

Values: Put the community first;

Work together as a committed team;

Respect and value each other;

Continuously improve our service;

Act with integrity and honesty;

Have open and honest two-way communications;

Strive to keep ourselves and others safe

3. CITY OF WANNEROO

Vision: The centre for creative and sustainable growth, delivering strong, vibrant and connected communities.

Mission: Through strategic partnerships and effective leadership, we will provide spaces, places that:

· Build on natural resources and cultural heritage

· Create distinct and vibrant village communities

· Enhance lifestyle choices

· Foster economic prosperity

· Encourage citizen and stakeholder participation in governance development decisions.

4. DEFINITION

Emergency Management: means the provision of Prevention, Preparedness, Response and Recovery functions in order to provide a comprehensive approach to emergency management within the City.

5. SLA OBJECTIVES

5.1 To establish specific responsibilities with respect to the delivery of fire services within the City in particular to:

§ Deliver coordinated prevention programs to reduce the incidence of emergencies and improve the level of safety in the community;

§ Operate to a consistent set of protocols and equipment standards;

§ Provide efficient systems of communication between organizations at all levels to improve service delivery outcomes;

§ Promote and support volunteer organisational arrangements that combine the spirit of volunteerism to attract and retain members;

§ Provide and or coordinate the level of training to personnel, to ensure the competencies are appropriate to the risk level of emergencies to which volunteers will be required to respond;

§ Develop a partnership that will see a best practice approach to emergency management delivery between the City and FESA; and

§ Enhance community ownership of fire prevention and preparedness programs and activities.

5.2 To establish an agreement between the City and FESA, under Part 3 Section 12(2)(E) and (f) of the Fire and Emergency Services Authority of Western Australia Act 1998, to ensure the City’s Volunteer Bush Fire Brigades are supported, trained, equipped and capable of providing appropriate fire services to the community.

6. ACKNOWLEDGMENTS AND UNDERTAKINGS BY FESA

6.1 FESA will deliver the following services:

· Prevention: The development and implementation of community safety programs and services, to City staff and emergency service volunteers as required and mutually agreed. Programs and services include (but are not limited to) Bush Fire Ready, Home Fire Safety, Schools Education program and Smoke Alarm program.

· Preparedness: In addition to the programs described for prevention the training of volunteers will be managed, in partnership with the volunteer training network, aware of the increased risks faced by the emergency services and resourcing profile required. Access to specific courses that align with increased roles will be provided.

· Response; FESA will assist with the day to day incidents via the Communications Centre. Management and leadership will be provided by FESA at fire incidents, when requested by the City and agreed to by FESA.

· Recovery: FESA will provide strategic assistance and advice to The City concerning the development and implementation of recovery management plans and recovery management.

· Management and Administration: FESA will provide day to day and strategic management services, including vehicle and equipment standards, guidance on Emergency Services Levy (ESL) budgeting, standards of operation, brigade training maintenance, community liaison and administrative returns such as incident reports and activity statements.

· Community Emergency Services Manager: FESA will meet 50% of the costs incurred for the employment of a CESM within the City. Activities undertaken by this position will be listed as part of an annual business plan which will be approved of by both FESA and the City. The plan will be reviewed each year.

6.2 FESA will provide strategic advice and access to programs and/or services in order to support services delivered by the City.

7. ACKNOWLEDGMENTS AND UNDERTAKINGS BY THE CITY OF WANNEROO

7.1 The City will deliver the following services:

· Prevention: Administer and enforce the fire prevention provisions Bush Fires Act 1954 and also promote and participate in appropriate community safety programs in consultation with FESA;

· Preparedness: In addition to the applicable community safety programs identified against prevention, the City will through its staff and infrastructure support the emergency services preparedness programs developed and implemented by FESA;

· Response: The City will respond to day to day incidents through the turnout of their Bush Fire Brigades. City support will be extended to FESA controlled incidents when requested by the Incident Controller

· Management and Administration: The City will provide leadership and support to the development and management of its community Emergency Risk Management Arrangements in relation to bush fire.

7.2 The City will input into the development of the emergency services operating and capital budget, to ensure sufficient funds are requested through the Emergency Services Levy Funding process to maintain emergency services buildings, appliances and associated operational infrastructure. The City will make provision within its annual budget, those agreed funds, to meet 50% of the expenses associated with the CESM position.

7.3 The City will maintain the existing emergency services buildings, appliances and operational infrastructure and provide access to FESA through normal mobilising arrangements.

8. COMMUNITY EMERGENCY SERVICES MANAGER ACKNOWLEDGMENTS

8.1 The CESM will undertake the activities as listed in the agreed Business Plan. See attached plan.

8.2 The CESM will operate under the supervision of a designated FESA District Manager and The City’s Manager Regulatory Services. Any disputes or inconsistencies between the two parties will need to be settled as per the dispute resolution procedure contained in this document, and will be settled as quickly as practicable.

9. CONDITIONS OF EMPLOYMENT

9.1 The CESM will be employed by FESA under the United Fire Fighters Award. Special allowances will be paid according to this award.

9.2 The hours of duty will be 40 hours per week including after hours training and meetings as required. These hours of duty do not include overtime and call-outs.

9.3 The CESM uniform will be light blue with shoulder patches displaying FESA Fire and Emergency Services and epaulettes showing local Government CESM.

9.4 Any performance based issue or grievance will be jointly addressed by the City and FESA.

9.5 The vehicle used by the CESM will be by agreement between the City and FESA.

9.6 The CESM will be required to perform operational bush fire duties when necessary and must be appointed upon agreement with the City to the position of Chief Bush Fire Control Officer.

10. FINANCIAL ARRANGEMENTS

10.1 FESA and the City will be responsible for 50/50 sharing of all costs associated with the CESM position, excepting those described in 10.3 below. Refer to attached document.

10.2 FESA will invoice the City quarterly for the CESM position

10.3 Sanctioned wildfire overtime/on call and availability allowance will be paid by FESA.

11. HUMAN RESOURCE ARRANGEMENTS

11.1 The selection process for the position of the CESM will be managed by a member from FESA, supported by the City and an independent party, as agreed between FESA and The City.

11.2 The CESM will be required to work to an agreed business plan which will be developed by FESA and the City and reviewed yearly.

11.3 The City and the FESA Regional Office will provide office facilities.

12. REPORTING

The CESM will provide a written report to FESA and the City twice per year with outcomes on performance indicators from the agreed business plan.

13. DURATION AND AMENDMENT

13.1 This SLA will take effect from the date of the last signatory, (refer page 8), and will remain in force for a three year period, with the option for a further three year period, subject to the agreement of both parties.

13.2 This Agreement shall not be altered varied or modified in any respect except by agreement in writing.

14. DISPUTE RESOLUTION

Dispute resolution with regards to the content of this document is to be conferred, deliberated and resolved by the FESA CEO or a nominated delegate and the CEO of The City or a nominated delegate.

15. TERMINATION

This Agreement may be terminated by:

(a) Mutual agreement of both parties in writing at any time: or

(b) Either party by giving three months notice in writing to the other party at any time.

16. NOTICES

Notices or other communications by each party to each other and under this SLA must, unless otherwise notified in writing, be addressed and forwarded as follows:

FESA Chief Executive Officer

Fire and Emergency Services Authority of Western Australia

FESA House

PO Box P1174

PERTH Western Australia 6844

Chief Executive Officer

CITY OF WANNEROO
Locked Bag 1
WANNEROO WA 6065

SERVICE LEVEL AGREEMENT

This Service Level Agreement is made

BETWEEN THE

Fire and Emergency Services Authority of Western Australia

480 Hay Street

PERTH WA 6000

AND

CITY OF WANNEROO

23 Dunbar Road

WANNEROO WA 6065

And will take effect from the date of the last signature and remain in force for a 3 year period.

SIGNED for and on behalf of the Fire and Emergency Services Authority of Western Australia by:

JO HARRISON-WARD ___________________________ ____________

CHIEF EXECUTIVE OFFICER Signature Date:

SIGNED for and on behalf of the CITY OF WANNEROO by:

DANIEL SIMMS ________________________ ____________

CHIEF EXECUTIVE OFFICER Signature Date

JON KELLY ________________________ ____________

Mayor Signature Date

INDICATIVE COST SHARING

BETWEEN FESA AND THE CITY OF WANNEROO

AS AT 5 JAN 2011 FOR A CESM

*PERSONNEL COST*	*SHARED*	*FESA*	*L.GOVT*
Salary	93k	46.5k	46.5k
On Costs	27k	13.5k	13.5k
Sanctioned Overtime	n/a	As approved	n/a
On call	n/a	2,600	n/a
Availability Allowance	n/a	8,062	n/a


*ITC COST*
PC	1500	750	750
Mobile Phone	2400	1200	1200


*VEHICLE COSTS*
Lease	18000	9000	9000
Fuel/Servicing	5000	2500	2500


*UNIFORM*
Purchase/Maintenance	500	250	250


*TRAINING*	1200	600	600

*Grand Total*	148,600	84,762	76,250

Note:

1. FESA to pay for sanctioned overtime and on call arrangements

2. All other costs to be shared by 50:50 by FESA and City of Wanneroo

3. Costs are an approximation only

4. City of Wanneroo to provide office space

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 155

BUSINESS PLAN 2010/13

An agreement between the City of Wanneroo and the Fire and Emergency Services Authority of Western Australia. All parties agree that the BP is a guide & outcomes may not be achieved in a twelve month period.

Business Plan Priorities:

1. Operational Response in City of Wanneroo when appropriate

2. Management of LG Bushlands

3. Management of UCL/UMR

4. Training of Bush Fire Brigades

1. PREVENTION

To provide a range of prevention services to increase community awareness of hazards and their involvement in minimising impact.

OUTCOME	STRATEGY	WHO	DUE	PERFORMANCE INDICATORS
Develop practices for fire management on local government bush lands in City of Wanneroo(COW)	Assist LG to develop & implement mitigation pre- plans for council vested reserves and private property. Conduct risk assessment plan containing annual schedule of works, including fire hazard inspections of all shire reserves, map & rate bush fire hazards, strategic firebreak network. Engage BFBs to assist with Hazard Reduction Burns including alternative treatment options Engage with FESA’s Bush Fire & Local Government Relations Branch to conduct fuel reduction programs in accordance with the allocated budget	CESM COW	1 October 1 October April to Nov On going	Number of plans maintained and updated No of hazard reduction burns/ other treatment options. Number and size of hazard reduction burns conducted CESM and Volunteer man hours spent on programs Development of agreed program & implementation of prescribed burns. (See also Special projects)
Fire Hazard inspections of private properties in City of Wanneroo	LG Fire Control Officers to conduct inspections to ensure compliance with Council Fire Break Notice	CESM advice to COW	Annually	Number of Inspections, work orders, level of Compliance
Administer Provisions of Bush Fires Act & Emergency Management Act	· Ensure due observance with relevant Acts throughout the district, including RBT, PBT	CESM advice to COW	Ongoing	LG community compliance with statutes and regulations

1. PREVENTION

OUTCOME	STRATEGY	WHO	DUE	PERFORMANCE INDICATORS
Develop practices for fire management on all Unallocated Crown Land (UCL) & Unmanaged Reserves (UMR)within COW	Develop & implement mitigation plans for all UCL/UMR blocks Maintain UCL data base Engage BFB in hazard reduction burning programs & other treatment options Engage with FESA’s Bush Fire & Local Government Relations Branch to conduct fuel reduction programs in accordance with the allocated budget	CESM & UCL Co-ord. in ESL 3, FRS DM & UCL Co-ord in ESL1 areas	Ongoing	Number of Plans in place No of Hazard Reduction burns/ other treatment options Volunteer & CESM man hours spent on programs Development of agreed program & implementation of prescribed burns. (See also Special projects)
Provide strategic advice on Sub-divisional planning Provide building standards advise for fire protection as per BFTA	Review and provide advice to developers, city and consultants when required Advice to developers, LG & consultants in regards to new buildings to comply with Building Code AS 3959	CESM advice to COW Planners & Builders FESA DM	Ongoing	The number of subdivisions where advice is accepted
Education programs for the community and schools to build knowledge & understanding of fire prevention and preparedness management practices	· Review & identify suitable programs for the community eg Prepare, Act Survive/ Bush Fire Ready/ JAFFA, Arson, & Smoke Alarm program · · Coordinate the provision of public information & develop media contacts · Coordinate the implementation of the FESA school education program including the use of volunteers for delivery of programs	CESM to Coordinate and assist the COW, BFBs & JAFFA Team, Community Engagement, and BRAG coordinator	Ongoing	Number of education programs delivered to the community, including effectiveness of these programs Training program delivered to LG & BFB Volunteers on basic fire investigation and preserving origin of suspicious fires Notices and articles in media outlets No of schools visited
	·

PREPAREDNESS

To provide and maintain appropriate and adequate infrastructure, equipment, skilled personnel, plans and programs in preparation for emergencies. To provide support to the community in its preparation for emergencies and mitigation of risks.

OUTCOME	STRATEGY	WHO	DUE	PERFORMANCE INDICATORS
Establish a Local Govt. training calendar for BFBs to meet the operational requirements of brigade profile and members Level 2 incident training for BFBs	In consultation with Brigade, develop a program of appropriate courses for Bush Fire Brigade volunteers & Council staff, through a training needs analysis. Coordinate Volunteer instructors and LG Staff to establish and maintain a local training data base. Ensure BFBs have the appropriate level of training to meet Brigade Profile and be operationally effective Coordinate FESA Region Staff to maintain a record of courses and attendees on TRAIN data base Identify training requirements for region calendar	CESM & Vol Instructors. CESM & Vols CESM	Ongoing	The number of courses programmed No of volunteers trained No of hours CESM commits to record maintenance, training delivery & preparation Maintain and update TRAIN & RMS database
Support and advice to key meetings including Bush Fire Advisory Committee (BFAC, District operations Advisory Committee (DOAC) & brigade meetings	· Provide reports to meetings where applicable. Attend meetings where applicable · Provide advice to council when required Liaise with Key Stakeholders Regularly and building relationships, i.e. Police, DEC, DCP	CESM DM	Ongoing	No of meetings attended Quarterly progress reports against the business plans tabled at these meetings Number of Meetings with Stakeholders
Emergency fire water supplies in COW for emergencies	Liai Ensure inspections and & maintenance on static water supplies pre and post –fire season	CESM COW	April Nov	Maintain water supply data base

PREPAREDNESS

OUTCOME	STRATEGY	WHO	DUE	PERFORMANCE INDICATORS
Support for Local Emergency Management Committee	Attend LEMC meetings Provide advice and assistance to the committee and to the executive officer Update LEMC arrangements. Provide advice to LG for the development & updates to the LEMC Recovery Plan, and training plan for committee members Provide advice to LG on the identification and records in Recovery Plan	CESM	Ongoing	LEMC compliance with SEMC policy No of meetings attended Recovery plan updated
Establish Relocation (Welfare) Centres in COW to support the community in times of need	Liaise with LEMC and DCP to assist in identifying & maintaining welfare and recovery centres	CESM advice to COW LEMC	Ongoing	Number of Centres in place
Establish Emergency Coordination Centres and ensure they are in a state of readiness	Coordinate and assist LG to establish & maintain ECC and develop Standard Operating Procedures	CESM COW LEMC,	Annual	Audit ECC Updated SOP’s
Major Emergency Management exercise in COW	Liaise with LEMC on exercise & provide support	CESM advice to COW LEMC	Annually	Number and type of exercise

RESPONSE

To ensure rapid and comprehensive response to emergencies, to contain and minimise the impact of emergencies.

. To support the community in its own response to emergencies.

OUTCOME	STRATEGY	WHO	DUE	PERFORMANCE INDICATORS
Respond to emergency incidents that impact on the community in COW	Maintain & review mobilisation response procedures for BFBs All mobilisation to be monitored in line with SOP Provide IMT support as required, including participation and advice to Emergency Management Support Advisory Group Provide adequate training for BFB Captains/FCO to ensure they can manage incidents	CESM	Ongoing	Number of incidents attended by brigades Number of incidents attended by CESM The number of hours spent at incidents by BFBs and CESM Mentor of BFB members in Incident Management Team experience
Liaison at EM incidents	Act as liaison officer at all emergencies requiring local government	CESM & COW	Ongoing	Level of Support and number of incidents requiring attendance
Respond to incidents in neighbouring LGs when requested	Respond to incidents when requested by FESA or neighbouring LGs Provide IMT support as required Monitor all incidents & support with resources when required. Support FESA and other Local Governments as per the Mutual Aid Agreement.	CESM	Ongoing	Number of requests for assistance Incidents attended by CESM & man hours spent at incidents in regional response Number of incidents attended by the COW BFBs, and SES

RECOVERY

Those activities, both short and long term, which are intended to return a community to normal after the impact of an emergency.

OUTCOME

STRATEGY

WHO

DUE

PERFORMANCE INDICATORS

Counselling service & Peer Support for volunteers in place for all volunteers

Encourage BFB to utilise services

All major incidents involving volunteers, whereby there are serious injuries, trauma or fatalities to be reported to the FESA Comcen

Ensure OHS&W as required

CESM

FESA Peer Support & Chaplain

Ongoing

Peer support group formed and maintained.

Counselling offered to volunteers and staff

Lost Time Injury records

Provide support to the Incident Recovery team

Provide advice on the activation and implementation of the LG recovery plan

Monitor & review recovery plan with LEMC & LG

CESM

COW

Ongoing

Recovery plan activated

Evacuation/ Relocation plan activated

SPECIAL PROJECTS

To assist local government and FESA with special projects that mitigates the impact of incidents on the community

OUTCOME

STRATEGY

WHO

DUE

PERFORMANCE INDICATORS

Special Projects

Coordinate & manage projects for

FESA & LG in regard to fire and

emergency management

CESM

Ongoing

Completion according to timelines

Project reports/Hours spent

Hazard reduction burning on

council reserves

Coordinate and map all council reserves and fuel loadings

CESM/FESA

Ongoing

Number of hazard reductions burn completed.

ADMINISTRATION DUTIES
OUTCOME	STRATEGY	WHO	DUE	PERFORMANCE INDICATORS
Establish COW Emergency Service Directory	Develop & maintain a directory for emergency service contacts	CESM COW support	1 Dec	Annual directory completed by due date
BFB Membership List in place	Audit and update existing BFB m/ships inc. medicals & police clearances	CESM COW support	Ongoing	BFB list accurate and up to date
Risk to Resources (R2R) Model established each year	Review & analyse the R2R model against current resource inventory	CESM DM COW	1 Nov	Review model annually
Manage Bush Fire Brigades administration process	Coordinate the drafting the ESL budget accurately for BFB & on behalf of the COW including acquittal Ensure BFB comply with ESL requirements, report on all accounts and line items Liaise between City and local BFB to assist / provide operational & administrative support, additionally administer insurance procedures	CESM COW	Ongoing	Time spent on ESL Draft and submission submitted within scheduled time frames ESL accounts within budget & compliant
Establish a Bush Fire Brigade fleet maintenance program	Liaise with LG and assist LG program & coordinate maintenance of vehicles & equipment including communication systems.	CESM COW depot records	April/Sep	Maintain vehicle servicing records
Establishment a PPE / PPC & other equipment monitoring & replacement system	Develop & coordinate the maintenance of a data base system for COW BFBs to manage all PPE/Equipment	CESM & Volunteers	Ongoing	Systems implemented

ADMINISTRATION DUTIES
Evaluate and establishment of a incident records system for the LG	Develop and coordinate the maintenance of a localised database for record management of incident and emergencies	CESM COW	Ongoing	Systems implemented
COW Strategic Business Reporting	Attend monthly and quarterly meetings & provide input for City of Wanneroo Strategic Plan	CESM	Monthly	No of meetings attended
Budget - Monthly Finance Management Reports	Complete reports monthly	CESM	Monthly	No of reports and information provided to BFB
Maintain FESA Resource Management System	Update all new appliances on RMS Update all new BFB members on RMS	CESM	On going	Time spent on RMS

Community Emergency Services Manager - Personal Development

Set goals to achieve the following key IMT, Emergency Management Training and computer training courses:

Course Type	Agency	Date Planned
1. Planning 5.04	FESA/DEC
2. Operations course
3. Situation course
4. Mimic course
5. Management Training
6. Leadership courses
7. Prescribed Burning Course
8. Logistics course

Emergency Management Training

1. Intro to Emergency Risk Management
2. Intro to Recovery
3. Risk Management
4..Exercise Management
9. Business Continuity

Key Computer Courses

1. Word basic & Intermediate
2. Excel
3. Power point basic

Community Emergency Services Manager - Succession Planning

Develop future leaders for City of Wanneroo/FESA to fulfil the role of CESM during leave periods, acting opportunities and vacancy periods.

Goals:

1. Identify personnel to fill the role of the CESM position in the future

2. Organise and provide personal development training for the above identified people.

Name	Course

BUSINESS PLAN AGREEMENT

Fire and Emergency Services Authority of Western Australia

480 Hay St Perth WA 6000

AND

City of Wanneroo

23 Dundebar Road, WANNEROO, WA 6076

Date of effect 01 April 2011 to 31 March 2014

Signed for and on behalf of the Fire and Emergency Services Authority of Western Australia by:

MERV AUSTIC

MANAGER BUSH FIRE & LOCAL GOVERNMENT RELATIONS

Signature

Date

Signed for on behalf of the City of Wanneroo

DANIEL SIMMS

CHIEF EXECUTIVE OFFICER

Signature

Date

JON KELLY

MAYOR

Signature

Date

Signature of Community Emergency Services Manager


	Signature	Date

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 173

CB05-04/11 Tender No. 01044 - The Supply and Delivery of 3.45mm Baling Wire for the Wangara Recycling Centre for the Period of One (1) Year with an Option for a Further One (1) Year.

File Ref: 5435 – 11/21210

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider Tender 01044 for the Supply and Delivery of 3.45mm Baling Wire to the Wangara Recycling Centre (WRC) for a period of one (1) year with an option of a further one (1) year.

Background

Tender 01044 was called for the supply and delivery of 3.45mm annealed baling wire for the Wangara Recycling Centre. The baling wire is used to wrap newspapers, cardboard and plastic container bales for transporting to international markets and is a critical purchase in relation to the WRC’s operation.

The purchase of baling wire is funded via GL Account Number 717533.9399.243, which also funds the purchase of other major parts and components critical for the WRC’s operations including conveyor belts, motors, gear boxes, tools etc.

The Contract is due to commence on 11 April 2011 for a period of one (1) year and at the expiry of the initial contract period, the City may consider a possible one (1) year extension or part thereof. Any such extension will be in accordance with the same terms and conditions of the original contract. Contract prices will be subject to adjustment as per a formula provided in the tender document.

Essential details of the contract are outlined below.

Contract Type	Schedule of Rates
Contract Duration	1 Year
Commencement Date	11 April 2011
Expiry Date	10 April 2012
Extension Permitted	Yes
Rise and Fall Included	Yes

Detail

Tender 01044 for the supply and delivery of 3.45mm annealed baling wire for the Wangara Recycling Centre was advertised on 11 December 2010 and closed on 11 January 2011.

Two tender submissions were received as follows:

· Concept Wire Industries

· Whites Group Pty Ltd

The Tender Assessment Panel comprising of the City’s Business Manager WRC, Administration Officer WRC and Contracts Officer have evaluated the Tender submissions as follows:

Price for the services offered (50%):

The Price Schedule was compared at the fixed rate price for the period of the contract but is subject to quarterly rise and fall as detailed in Clause 2 of the Specification and Scope of Works. Prices quoted include delivery to the Wangara Recycling Centre.

Both Tenders were assessed on the overall price and were ranked as follows:

Price Schedule 1A& 1B Tenderer	Ranking
Whites Group Pty Ltd	1
Concept Wire Industries	2

Supply time and product availability (30%):

Concept Wire Industries requires 4 weeks lead time for the first delivery of the wire from the east coast, while Whites Group Pty Ltd required an initial lead time of 12 weeks for the first delivery of wire from China. Both tenderers indicated that upon receiving the first order, they would store enough stock in WA to meet the full 12 month order. Both tenderers required a lead time of 2 – 3 days to fill orders from their stock held in WA.

Assessment in this instance is reflected in the ranking as below:

Tenderer	Ranking
Concept Wire Industries	1
Whites Group Pty Ltd	2

Tenderers adherence to Product Specification (20%)

Both tenderers demonstrated sufficient resources and capacity to service the supply of 3.45mm annealed baling wire to desired specification. Ranking for this criterion is shown as follows:

Tenderer	Ranking
Concept Wire Industries	1
Whites Group Pty Ltd	1

Overall Weighted Score (100%):

The tenderers’ submissions were reviewed in accordance with the weighted score analysis process and the consolidated overall ranking of tenderers based on a weighted score for the separate Price Schedule is shown below:

Tenderer	Ranking
Whites Group Pty Ltd	1
Concept Wire Industries	2

Based on the Tender Evaluation Team’s assessment of submissions tendered, it is recommended the supply and delivery of 3.45mm annealed baling wire be awarded to Whites Group Pty Ltd.

Comment

Whites Group Pty Ltd provides similar baling wire to other recycling companies in Perth. Whites Group Pty Ltd is a competent contractor and has provided similar wire to the City in the past two years. They have scored the highest overall ranking in accordance with the assessment criteria weighting as detailed in the tender document and therefore are recommended as the successful tenderer.

Statutory Compliance

Tenders have been invited and properly evaluated against the selection criteria in accordance with Section 3.57 of the Local Government Act and associated Local Government (Functions and General) Regulations 1996.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.4 Maintain long-term financial stability”

Policy Implications

Nil

Financial Implications

Whites Group Pty Ltd has indicated that if it is awarded the Tender, delivery of the first load would take about 12 weeks. Being the case, it is anticipated that the first delivery would arrive on 5 July 2011. In the meantime, the City would continue to call for quotes through the usual process, until the first delivery.

As there is only one rate in the Schedule of Rates the expected contract cost has not been stated in this report to respect commercial confidentiality.

The following table provides estimated expenditure for the purchase of baling wire in the 2010-2011 financial year.

Baling Wire – Anticipated Expenditure 2010-2011

YTD Expenditure	Estimated Expenditure to 30/6/11	Total Expenditure
$111,985	$48,250	$160,235

Sufficient funding will be listed in the 2011/12 budget process to cover the purchase of baling wire.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS Tender No 01044 for the supply and delivery of 3.45mm annealed baling wire, submitted by Whites Group Pty Ltd for a period of one (1) year, commencing 11 April 2011, with an option of a further period of one (1) year or part thereof, with CPI in the extension period.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 177

Other Matters

CB06-04/11 Update on the exit of the City of Stirling from the Mindarie Regional Council

File Ref: 2408 – 11/30694

Responsible Officer: Director, City Businesses

Disclosure of Interest: Nil

Attachments: 1

Issue

To provide a report to Council on the process for valuing the share of the Mindarie Regional Council (MRC) attributable to the City of Stirling. This is part of the process whereby the City of Stirling intends to exit from the MRC.

Background

Council on the 10^th August 2010 resolved, inter alia, under recommendation 6, “Authorises the Chief Executive Officer to negotiate with the MRC and other participants in the MRC as to the adjustment of the Assets and Liabilities of the MRC (as specified in recommendation 5 above) and provide a further report for the consideration of the Council.” CR01-08/10.

Detail

PriceWaterhouseCoopers (PwC) were appointed by the MRC to assist the MRC and its Members in the calculation of the worth of the City of Stirling’s share of the MRC. This was to be a two stage process, the first of which was to agree the methodology for the valuation. Each Member Council has been requested to seek individual Council endorsement of the methodology proposed by the PwC Consultants before commencement of the second stage, being the actual valuation. The PwC Consultant’s Report (Attachment 1) provides the preferred valuation method to be undertaken, and the Members of the MRC via their individual Councils are to give approval or otherwise to the methodology outlined, to enable stage 2 of the consultancy to proceed.

The Consultant examined three commercially used valuation techniques and these outlined below by way of an extract from the Consultant’s Report. Additionally the Consultant explored the possibility of a comparison to sales of actual Waste Operations businesses, but there appears to have been limited ones of relevance to the MRC.

1. Discounted Cash Flow (“DCF”) Approach

This method indicates the value of a business based on the present value of the cash flows that the business expects to generate in the future. Such cash flows are discounted at a discount rate (the cost of capital) which reflects the time value of money and the risks associated with the generation and timing of the future cash flows.

The DCF approach comprises the following steps:

§ estimating future cash flows for a certain discrete projection period. In the case of the MRC, the cash flows for the waste disposal operations including rehabilitation liabilities would be evaluated over the expected economic life of the waste disposal operations;

§ discounting those cash flows to present value at a rate of return that reflects the relative risk of achieving the cash flows and the time value of money;

§ estimating the residual value of cash flows (if any) subsequent to the discrete projection period. In the case of the MRC, this might include the royalty stream received from LGP; and

§ combining the value of the residual cash flows with the discrete projection period cash flow to indicate the market value of the business.

2. Capitalisation of Maintainable Earnings

The capitalisation of maintainable earnings approach to a valuation of a business requires the assessment of the following components:

§ The future maintainable earnings (“FME”) of the business. This is usually based on earnings before interest, tax, depreciation and amortisation (“EBITDA”) or earnings before interest and tax (“EBIT”); and

§ An appropriate earnings multiple with which to capitalise the FME.

The FME represents the assessment of expected earnings that can be derived from the business on an ongoing basis. The earnings multiple reflects the risks in achieving these earnings, the potential growth and the time value of money.

The capitalisation of maintainable earnings methodology is generally used to value established, profitable businesses with stable earnings and an indefinite economic life.

3. Net Assets Approach

The net assets approach indicates the fair market value of the business by adjusting the asset and liability balances on the balance sheet to their fair market value equivalents. The net assets approach is based on the summation of the individual piecemeal values of the underlying assets. The market value of the business is then represented by the sum of the market value of the assets less the market value of the liabilities.

This approach is performed in two steps:

§ The value of each of the component assets and liabilities are estimated; and

§ The net asset value of the business is calculated by subtracting the value of the liabilities from the value of the assets.

The major deficiency with this approach is that it does not allow for the identification and valuation of intangible assets which may form part of the business subject to valuation. In the case of the MRC, these intangible assets could include the value of the:

§ airspace which is not specifically identified or valued on the balance sheet of the MRC;

§ lease of the Tamala Park landfill site; and

§ licence to operate the business.

Each method of valuing an entity has its advantages and disadvantages however the Consultant (who has extensive experience in valuations) has recommended using the Discounted Cash Flow (DCF) method for reasons explained in detail on page 21 of their Report (Attachment 1). Essentially the DCF method is forward looking and therefore would not be influenced by the previous and current results which of course include the City of Stirling. Furthermore the DCF approach is appropriate for assets with a finite life, such as a landfill site. The DCF approach will implicitly incorporate the value of the assets and liabilities, including the intangibles of airspace and remediation.

As a cross check the Consultant is also proposing to compare the results achieved through DCF with the other methods and additionally to compare to the value of “airspace”, should they be able to identify any public company acquisitions of a landfill.

Administration concurs with the Consultant that the DCF method is the most appropriate, especially given the level of cross checking that will apply. Some elements of the methodology have been queried by other Member Councils and the actual methodology will be tailored further to include addressing their specific aspects, if relevant.

Consultation

Chief Executive Officers and other executives of the Member Councils were given a briefing by the Consultant at the offices of the Town of Cambridge on Tuesday 8 March 2011, whereby questions were asked of the Consultants on their Draft Report as presented. A revised Final Report, as per Attachment 1, was provided post this meeting following feedback by attendees at the meeting.

Comment

The Consultants are well known and credentialed providers of Corporate Valuation Advisory Services. Their recommendation follows normal accounting and valuation practices. The Consultant considered a number of possible valuation methods including:

· Present value of future cash flows generated (DCF);

· Capitalisation of future maintainable earnings (FME) based on EBITDA (earnings before interest, tax, depreciation and amortisation) or EBIT; and

· Net Assets at Fair Market Value approach (NA).

For the various reasons stated, the Consultants recommend and Administration concur, that the most practical method would be the DCF, but cross checked with reference to the NA and FME methods and also with reference to the value of air space implied by the acquisition of other Landfill operations by publicly listed corporations.

Administration recommends that the approval to the methodology (if given) be qualified as follows:

That the Consultant, in valuing the waste business considers the following:

· In assessing future cash flows, whether the MRC will continue to accept non Member waste in future years;

· Whether the current Member fees are accurately reflecting the “cost recovery” intention of the pricing of Member tipping fees;

· Clarification that the land upon which the MRC operates (Tamala Park), which is owned by the Member councils but leased to the MRC, is included in the calculation; and

· Identifying how the Consultant intends to value the residual liability that may occur should pollutants escape in future years, post closure or to factor in future legislative requirements which may impact on the cost or remediation.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.6 Provide and maintain a high standard of governance and accountability”

Policy Implications

Nil

Financial Implications

Possible implications include indirect impacts due to the change in ownership and usage of the MRC (Landfill and RRF facilities); quantum unknown at this stage.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the Report of PriceWaterhouseCoopers in Attachment 1;

2. ACCEPTS the recommended methodology of valuing the Mindarie Regional Council by reference to the Discounted Cash Flow method, cross checked to alternative valuations methods including both the Net Assets Approach and the Future Maintainable Earnings Approach, enabling PriceWaterhouseCoopers to proceed to stage 2 of the valuation process; and

3. REQUESTS that PriceWaterhouseCoopers, in valuing the waste business, consider the following:

a) In assessing future cash flows, whether the MRC will continue to accept

non Member waste in future years;

b) Whether the current Member Fee accurately reflects the “cost recovery” intention of the pricing of Member tipping fees;

c) Clarification that the land upon which the MRC operates (Tamala Park), which is owned by the Member councils, but leased to the MRC, is to be sold/given up by the City of Stirling; and

d) Identify how the Consultant intends to value the residual liability that may occur should pollutants escape in future years, post closure, or to factor in future legislative requirements which may impact on the cost of remediation of the Tamala Park site, or any other such landholdings associated with the MRC.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 208

Infrastructure

Infrastructure Projects

IN01-04/11 Queenscliffe Park Beach Access Concept Plan, Quinns Rocks

File Ref: 3503 – 11/23692

Responsible Officer: Director, Infrastructure

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider a concept plan for the Queenscliff Park Beach Access, Quinns Rocks.

Background

At its meeting of 15 December 2009 (IN01-12/09), Council considered a report on the amendments to the 2009/2010 Foreshore Management Capital Works Program and resolved as follows:

“1. DELETES the following projects from the 2009/2010 Foreshore Management Capital Works Program:

Design and construction of a beach access stairs opposite 208 Ocean Drive, Quinns Rocks (Project Nos 1487 and 1909); and

Installation of Beach Access fencing opposite 40 Brazier Road, Yanchep.

2. Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 APPROVES BY ABSOLUTE MAJORITY the expenditure of $148,500 for the following projects:

Design of Beach Access near Camira Way, Quinns Rocks;

Design of Beach Access Queenscliff Park Quinns Rocks; and

Design of Beach Access opposite 40 Brazier Road, Yanchep.

3. NOTES the following budget variations to fund the projects outlined in Item 2:

Project No	From	To	Description
PR 1487	$19,400		Quinns Rocks Foreshore design and consultation for the upgrade of existing Beach Access stairs opposite 208 Ocean Drive, Quinns Rocks
PR 1909	$100,000		Construction and upgrade of existing Beach Access stairs opposite 208 Ocean Drive, Quinns Rocks
PR XXX		$35,000	Design of Beach Access from Queenscliff Park, Quinns Rocks
PR XXX		$84,400	Design and part construction of Beach Access near Camira Way, Quinns Rocks
PR 1453	$29,100		Install Beach Access fencing opposite 40 Brazier Road, Yanchep
PR XXX		$29,100	Design of Beach Access opposite 40 Brazier Road, Yanchep

4. NOTES that the City’s Draft Ten Year Capital Works Program will need to be amended to provide for the construction of a Beach Access near Camira Way and Queenscliffe Park, Quinns Rocks.”

The following project numbers were assigned to each location:

· Queenscliff Park opposite 240 Ocean Drive, Quinns Rocks PR-2003

· Camira Way Beach Access, Quinns Rocks PR-2004

· Yanchep Beach opposite 40 Brazier Road, Yanchep PR-2005

Detail

The consultancy quotation provided by MP Rogers and Associates was accepted in February 2010, with the consultant required to:

· Assess the local oceanic conditions prevailing at each foreshore site and after investigation provide a report with recommendations as to the suitability and actions to be taken at each site;

· Provide a concept design with cost estimate for each site;

· With agreed costs and concept designs the City Administration to then lodge plans for City of Wanneroo endorsement prior to concept plan submission to both the City of Wanneroo and WAPC for Development Approval consideration and to DEC for a clearing permit for each foreshore access way;

· After WAPC approval, to provide contract documentation in compliance with BCA standards together with a pre-tender cost estimate for each site;

· The City to advertise for construction of the Camira Way site in the 2010/2011 financial year and the other two sites in subsequent financial years, and;

· After tender closing, to provide an assessment report and administer construction activity associated with each contract.

The timeframe for redeveloping the beach access at each site is to be continued within the two year WAPC Development Approval as issued, with construction to be undertaken over consecutive financial years and in the following order:

· Camira Way Beach Access, Quinns Rocks

· Queenscliff Park opposite 240 Ocean Drive, Quinns Rocks

· Yanchep Beach opposite 40 Brazier Road, Yanchep

Consultation

Public consultation for the construction of the Queenscliff Park Beach Access at Quinns Rocks will be undertaken after Council’s endorsement of the concept plan, and prior to submission of the Development Approval Application and Clearing Permit. This consultation will include a community meeting in Quinns Rocks with a presentation by MP Rogers and Associates.

Comment

The concept plan for the Queenscliff Park Beach Access has been designed to formalise and extend the life of the existing access, noting that this location is subject to ongoing coastal erosion.

The Consultant has advised that at the proposed Queenscliff Park access location there is an established trend of shoreline erosion which is occurring at a net rate of around 1.2m per year, with approximately 33m of coastline erosion occurring between 1981 and 2008.

Site visits during winter of 2010 has indicated that the shoreline is continuing to erode and any access in this location should therefore adequately cater for this trend to continue. It is noted that there is a rock base at around 2m AHD within the access location and it is assumed that the beach to the north and south of the site, is a sandy shoreline base which will erode at a similar rate to the longer term historic rate.

If it is also assumed that the width of beach at the access stays relatively constant, then the safest location for the access to limit erosion is similar to the current position, behind the section of rock shoreline. The actual shoreline position will be influenced by factors such as how much rock is buried in the dunes and available sediment supply from the adjacent beaches.

Several options for the access were explored, including; replacement ramp, high and low stairs and concrete steps.

The main features of the proposed concept plan are:

· Retention of the existing concrete access path;

· Small extension / replacement at the base of the existing concrete path;

· In-situ concrete steps cast into the existing limestone rock at the base of the path;

· Revegetation of the informal access track over the dunes and replacement of a section of fence in this area; and

· Brushwork placed over the remaining dune where vegetation is sparse to encourage rehabilitation.

The concept design for the Queenscliff Park Beach Access is shown in City of Wanneroo Drawing No 2552-01-0, refer Attachment 1.

An outcome of the Consultants shoreline study at the Queenscliff Park Beach Access location is a confirmation that the City should review the option of constructing the fourth proposed groyne and modifying the existing three groynes in the Quinns Rocks beach shoreline in the next couple of years.

Statutory Compliance

Before the consultant prepares contract documentation, the concept plan and consultant’s supporting report will need to follow the following sequential approval process:

· endorsement by Council;

· community consultation;

· development approval submission to the local authority;

· development approval submission to the WAPC, and

· clearing and “offset” planting requirement submission to DEC.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.3 Minimise impact of development on the environment”

1.4 Improve the physical quality of the built environment

2 Social

2.1 Increase choice and quality of neighbourhood and life style options

2.4 Improve community safety”

Policy Implications

Nil

Financial Implications

A summary of project costs and funding for the works is tabled below.

Quinns Rocks Beach Access - Queenscliff Park
PR-2004 Estimated Project Cost
Project Funding 2009/2010		$35,000
Proposed Project Funding 20011/2012		$110,000
MP Rogers Consultancy fees	$35,520
Cost Estimate for Works	$62,000
Project Management Cost	$3,000
DEC “Offset” planting requirements	-
Advertising	$2,500
Contingency	$10,000
Total Estimated Project Cost	$113,075
Proposed Total Funding		$145,000
Funding Surplus		$31,925

A surplus in funding is noted, however there is no expenditure items listed in the table for:

· A community meeting in Quinns Rocks with a presentation made by MP Rogers and Associates;

· Contingent cost for concrete steps dependent on the extent of existing rock;

· Cost escalation; and

· DEC “offset” planting with funding for this work to be included separately in the City’s 10 Year Capital Works Program (Environmental Offsets).

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSES the Queenscliff Park Beach Access Concept Plan, Quinns Rocks as shown on City of Wanneroo Drawing No. 2552-01-0 as Attachment 1 for community consultation; and

2. NOTES that a further report will be presented to Council on the outcomes of the community consultation process prior to submitting a Development Application for Western Australian Planning Commission consideration and an application for Clearing Permit (if required) to the Department of Environment and Conservation.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 214

IN02-04/11 Pedestrian Pathway - Compass Circle to Foreshore Vista, Yanchep

File Ref: 4445 – 11/23731

Responsible Officer: Director, Infrastructure

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider the outcomes of the community consultation process associated with the proposed Pedestrian Pathway between Compass Circle and Foreshore Vista, Yanchep.

Background

Council, at its meeting of 24 August 2010 (Item No PS09-08/10 refers) resolved:

1. “NOTES the Western Australian Planning Commission’s approval to commence development under the Metropolitan region Scheme, dated 8 July 2010 and included as Attachment 2, for removal of the Yanchep Boardwalk and to undertake other incidental works in accordance with the conditions contained therein and the plan included in Attachment 1;

2. AUTHORISES the Chief Executive Officer to lodge an application for a Demolition Licence with the City’s Building Service unit, for removal of the boardwalk in accordance with the plan included in Attachment 1 and;

3. NOTES that a further report(s) will be presented to Council by Administration to consider provisions of an alternative pedestrian access route between Foreshore Vista and Compass Circle.”

Council considered a further report, (Item No IN03-12/10 refers) at its meeting on
14 December 2010 addressing a proposed program for the removal of the boardwalk and the

provision of an alternative pedestrian access route and resolved:

1. “AMENDS the timeframe for the removal of the Yanchep Boardwalk so that its removal coincides with the construction of the alternative pedestrian path between Compass Circle and Foreshore Vista, Yanchep

2. ENDORSES the concept plan for the alternative pedestrian route between Compass Circle and Foreshore Vista, Yanchep as shown on City of Wanneroo Drawing No 2532-6-0 (refer Attachment 2);

3. ENDORSES that public consultation across the wider Yanchep community be undertaken in relation to the alternative pedestrian route between Compass Circle and Foreshore Vista, Yanchep;

4. NOTES that the outcomes of public consultation undertaken in relation to consideration of the alternative pedestrian route between Compass Circle and Foreshore Vista, Yanchep, will be reported to Council prior to proceeding with any submissions of applications for statutory authority approvals and;

5. LISTS for consideration in the City of Wanneroo’s 10-year Capital Works Program, a sum of $25,000 for 2011/2012 to cover offset planting associated with the proposed alternative pedestrian route between Compass Circle and Foreshore Vista, Yanchep.”

Detail

In accordance with the resolutions of the 14 December 2010 meeting, Administration arranged for public consultation to include:

· A mail out to 3,323 owners/occupiers on 17 January 2011 which included a copy of the concept plan and a comment form (with a reply paid envelope), to be returned to the City by no later than close of business on 15 February 2011;

· Listing of the proposal on the City’s website under the section titled “Your Say” during January 2011;

· Public notices published in both the North Coast Times and Sun City News;

· Erection of a sign on site at the entry to the existing path that leads to the Boardwalk section of both Foreshore Vista and Compass Circle on 21 January 2011, advising of the City’s intent and noting that any comment be forwarded to the City no later than close of business on 15 February 2011; and

· Advice that Administration staff would be on-site at the Foreshore Vista path entry on the afternoon of Thursday, 3 February 2011 from 2 to 4 pm to discuss aspects of the proposed design and answer any queries relating to the project.

Detail

Public consultation focused on surveying the wider Yanchep community by direct mail, seeking comment to the information provided.

Of the 3,323 letters mailed out by the City to property owners/occupiers, 556 responses were received (16.73% response rate), of which 442 (82%) supported the proposed pedestrian pathway, 92 (17%) opposing it and 6 (1%) providing no direction on whether the pathway is supported or not.

Of the responses received supporting the proposed pedestrian pathway, 35 (8%) also noted a preference to retaining the Boardwalk by way of unsolicited comment. Similarly, 50 (54%) of those opposing the proposed pedestrian pathway expressed the need to retain the Boardwalk. In considering from an overall perspective, 85 (16%) expressed support to retain the Boardwalk. Subsequent to the closing of the public comment period the following petition with 391 signatures was received at the City on 14 March 2011:

“We, the undersigned, all being residents of the City of Wanneroo do formally request Council’s consideration to reverse the decision to demolish the Boardwalk on Foreshore Vista. We believe that such an act will deprive our estate of a great asset which would be sorely missed by many residents. We feel very strongly that the money saved could be used for more worthy projects”

On 23 March, the City received a further 75 signatures to the petition, bringing the total number to 466. A copy of correspondence from the Member for Mindarie, John Quigley, was received on 29 March advising that a petition with over 300 signatures to immediately remove the Yanchep boardwalk will be tabled at the Western Australian Parliament in early April.

In summary of the responses received from the mail out, there is an overwhelming consensus in support of the proposed pedestrian pathway. However, responses received have also given rise to the following additional comment/requests:

· Place additional seating for rest points.

Response: Appropriate location to be considered as part of the design.

· Pathway from Lindsay Homestead to connect with Yanchep Lagoon.

Response: Adopted Two Rocks Yanchep Foreshore Management Plan recommends a strong pedestrian link to be provided between the adjoining residential areas and the beach. Furthermore a recommendation for a dual use path in the lower dunes with a link to the Yanchep Lagoon is proposed.

· Pathway from Yanchep Beach Road to Yanchep Lagoon.

Response: This will be investigated by Administration for consideration in the City’s 10 Year Capital Works Program.

· Asphalt pathway instead of concrete.

Response: Due to the earthwork environment it is Administration’s considered opinion that concrete is the preferred material.

· Extend path system to Moonlighter Way.

Response: Existing dual-use path along Trumpeter Way is linked to the dual-use path system.

· Owner of Lot 703 (adjacent to proposed pedestrian pathway) has expressed concern regarding property security/privacy.

Response: Administration is in direct dialogue with property owner to determine impact of the proposed pedestrian pathway in relation to property security and privacy.

· Retain the existing Boardwalk.

Response: Council has already resolved to remove the Boardwalk as per item PS06-05/10.

· Alignment of pathway to be west of the existing Boardwalk within the dunes.

Response: Not possible due to environmental and Aboriginal Heritage issues.

Comment

While there was only a 16.73% return of comment forms from the 3,323 distributed to owners/occupiers in the Yanchep area, 82% supported the proposed pedestrian pathway.

Subject to Council’s consideration of this report, and satisfying all statutory requirements, it is anticipated that the program for implementation for the proposed pedestrian pathway will be:

Finalisation of design drawings	April 2011
Development Approval (DA) submission to the West Australian Planning Commission (WAPC) for Pedestrian Pathway	April 2011
Clearing Permit submission to Department of Environment and Conservation (DEC) for Pedestrian Pathway	April 2011
Anticipated Statutory Authority approval for Pedestrian Pathway	July 2011
Report outcomes of DA and Clearing Permit applications to Council	23 August 2011
Advertise Tender for Pedestrian Pathway Construction (subject to Council resolution)	27August 2011
Report outcomes of Tender to Council and seek endorsement	11 October 2011
Award Pedestrian Pathway Construction Contract	14 October 2011

In assessing the risks associated with the Boardwalk removal operation, it has been highlighted that the lifting operation would more than likely be compromised by the intensity of the high westerly and easterly winds from November to February. Costs would increase due to stand-down time of cranes, trucks and crew. Therefore if receipt of statutory approvals compromises the removal programme forcing works into November/December then to contain costs and ensure the safe removal operation of the Boardwalk, it is recommended that removal be delayed until March/April 2012. The original construction of the Boardwalk, including the major lifting operations was carried out during late March 2009. A detailed site survey and design has been completed with Design Plan Drawing Number 2532-8-1, included as Attachment 1.

Statutory Compliance

In progressing the Pedestrian Pathway implementation, Administration will need to satisfy the following approval processes:

· Submission to the WAPC for DA; and

· Submission to the DEC for a Clearing Permit and if applicable, offset planting requirements.

Any requirements arising from DA and/or Clearing Permit conditions inclusive of any offset planting requirements considered applicable in this instance will be incorporated as work items along with any modifications to the design made prior to tender advertising.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

1.5 Improve the physical quality of the built environment

2 Social

2.1 Increase choice and quality of neighbourhood and lifestyle options”

Policy Implications

Nil

Financial Implications

A summary of project costs and funding for the works is tabled below.

Modification to Boardwalk (PR-2015)
Estimated Project Cost
Budgeted Project Funding 2010/2011		$300,000
Removal of Boardwalk	$94,000
City of Wanneroo Project Management Cost	$9,000
City of Wanneroo Administration	$2,500
Works Estimate of Cost (Based on the Design Drawing)	$189,200
Privacy Screening (Lots 702 and 703 Foreshore Vista)	$10,000
Contingency @ 10% of Estimated Project Costs	$30,300
Total Estimated Project Cost	$335,000
Total Funding		$300,000
Funding Short fall		$35,000

In addition to the above project costs further costs will be incurred as a consequence of offset planting requirements arising from the City’s proposed application for a Clearing Permit and for the purposes of this report these costs have not been incorporated to the above table. However, to ensure that costs are covered in this regard it is proposed that an amount of $29,000 and $20,000 be listed for consideration by Council in the City’s 10-Year Capital Works Program, as part of funding allocation for 2011/2012 and 2012/2013 respectively. These amounts will be subject to review once conditions of the Clearing Permit are known and the resultant extent of the offset requirements is determined.

Given that construction/removal works will not be undertaken until the 2011/2012 financial year, the balance of funds in the approved budget for this project (PR-2015), it will be necessary to carry forward these funds. Furthermore, the shortfall in funding of $35,000 will need to be listed as an additional sum against this project as part of Council’s 2011/2012 budget consideration.

In addressing the original installation costs of the Boardwalk it is noted that Council awarded a tender in the sum of $546,580 at its meeting held in September 2008 (Item No IN02-09/08 refers) for supply and installation. In assessing the labour versus material costs associated with this tender it is considered that a 30% labour/70% material split in cost is a fair and reasonable split in cost. The 70% material costs is further justified as the materials utilised for the construction of the Boardwalk where imported from Germany in a kitset component format, with unloading and assembly only into the various spans undertaken on site by appropriately trained/qualified personnel. As a consequence, the total estimated cost incurred by the City as a consequence of removal equates to the 30% labour component of the original installation works plus the estimated cost to remove, that is; $164,000 plus $94,000 respectively, giving a total cost of $258,000 that can be attributed as the estimated cost of installation and dismantling. The estimated cost of the materials as originally supplied, namely $383,000 is considered to be salvage value given proposed recovery of the Boardwalk spans and subsequent storage at the City’s Ashby Operations Centre pending use elsewhere within the City’s jurisdiction.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. RECEIVES this report on the outcomes of the community consultation process for the proposed Pedestrian Pathway between Compass Circle and Foreshore Vista, Yanchep;

2. AUTHORISES Administration to lodge applications for West Australian Planning Commission Development Approval and Department of Environment and Conservation Clearing Permit for the pedestrian pathway between Compass Circle and Foreshore Vista, Yanchep, based on the Design Plan Drawing Number 2532–8– 1 (refer Attachment 1);

3. NOTES that Administration will present a further report to Council should the Construction Cost Estimate arising out of detailed design, along with any conditions of West Australian Planning Commission Development Approval and Department of Environment and Conservation Clearing Permit impact on the project budget funding;

4. NOTES that a further report will be presented to Council to consider outcomes of the tender process for the construction of the proposed pedestrian pathway should the tender submissions exceed the $250,000 limit for the Chief Executive Officer to accept tenders in accordance with Clause 6.4 – Choice of Most Advantageous Tender of the Delegated Authority Register;

5. LISTS that an amount of $35,000 for consideration in the draft 2011/2012 Capital Works Budget as part of funding allocated for construction of the proposed pedestrian pathway and removal of the Yanchep Boardwalk; and

6. LISTS for consideration in the 10 Year Capital Works Program the amounts of $29,000 in 2011/2012 and $20,000 in 2012/2013 to accommodate identified environmental offset requirements arising from an application for a Clearing Permit.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 226

Tenders

IN04-04/11 Tender No 01104 - The Provision of Linemarking, Signs, and Spotting Services

File Ref: 4240 – 11/21389

Responsible Officer: Director, Infrastructure

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider Tender No 01104 – The Provision of Linemarking, Signs and Spotting Services.

Background

Due to the continuous need for linemarking and spotting services associated with capital works and maintenance activities, quotation arrangements that are currently utilised by the City are to be replaced with proposed tender arrangements to reduce the administration task and to ensure that all expenditure related to these activities is centrally administered.

Detail

Tender No 01104 – The Provision of Linemarking, Signs and Spotting Services was advertised on 5 February 2011 and closed on 1 March 2011. Refer Attachment 1 for schedule of tender items.

Essential details of the contract are outlined below.

Contract Type	Schedule of Rates
Contract Duration	1 Year
Commencement Date	1 May 2011
Expiry Date	30 April 2012
Extension Permitted	Yes
Rise And Fall Included	No

At the expiry of the initial contract period, the City may consider extending this contract for two additional periods of one year each or part thereof. Any extension will be in accordance with the same terms and conditions of the original contract and at the discretion of the City, with CPI applicable.

Tenders were received from the following four companies listed below:-

· Road and Traffic Services

· Chris Velios Contracting

· Intersectional Line Markers Pty Ltd

· Weston Road Systems

The Tender Evaluation Team comprising two Projects Engineers and the Contracts Officer, has evaluated the tenders in accordance with the following selection criteria:

Item No	Description	Score
1	Price for the services offered	50%
2	Tenderer’s experience and ability to do the work	30%
3	Tenderer’s resources	15%
4	Safety Management	5%

Price for the services offered (50%):

Price for the tendered items is quite varied and a range of linemarking scenarios was used to do the price assessment.

The evaluation highlighted that the tenderers’ pricing was very competitive. It was noted that Chris Velios Contracting, was the only tenderer to submit prices for signs. However the evaluation did not include this item in order for a fair comparison of prices to be made in general.

In undertaking the assessment it was noted that Road and Traffic Services provided the lowest and second lowest price for the most number of items, although this did not influence the scenario price assessment approach that was used to determine price rankings for each company.

The four tenderers have been ranked in the following order under this criterion:

Tenderer	Rank
Road and Traffic Services	1
Weston Road Systems	2
Intersectional Line Markers	3
Chris Velios Contracting	4

Tenderer’s experience and ability to do the work (30%):

All four tenderers were assessed to have variable amounts of experience with previous contracts for their tendered items. Intersectional Line Markers Pty Ltd has no local government experience. However they do have Main Roads WA experience with two of its term maintenance contractors to a value over $1M for each of these contracts.

Road and Traffic Services and Weston Road Services both have local government experience with both companies having made progress toward quality accreditation.

The four tenderers have been ranked in the following order under this criterion:

Tenderer	Rank
Road and Traffic Services	1
Weston Road Systems	1
Intersectional Line Markers	2
Chris Velios Contracting	3

Tenderer’s resources (15%):

All four tenderers were assessed to have sufficient resources to provide the required services for their tendered items.

It was noted however that Chris Velios Contracting is a sole trader and relies on sub-contractors for large scale works. Limited information was provided in regards to resources and reliance on other sub-contractors for traffic control and thermo and cold plastic treatments in this bid.

Weston Road Services also relies on a sub-contractor for traffic management and it is apparent that the City will probably incur additional costs in situations where considerable traffic control is necessary. Road and Traffic Services, Weston Road Systems and Intersectional Line Markers all provided comprehensive information on staff resources and available plant.

The four tenderers have been ranked in the following order under this criterion:

Tenderer	Rank
Road and Traffic Services	1
Weston Road Systems	1
Intersectional Line Markers	1
Chris Velios Contracting	2

Safety Management (5%):

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

The four short-listed tenderers were assessed to have quite varied safety management procedures and practices in place to provide the tendered services. The companies showed evidence of having a varying degree of policies and procedures in place with Job Safety Analysis sheets.

The four tenderers have been ranked in the following order under this criterion:

Tenderer	Rank
Road and Traffic Services	1
Weston Road Systems	2
Intersectional Line Markers	3
Chris Velios Contracting	4

Overall Evaluation Results

The Tender Evaluation Team scored each tenderer against the above-established criteria. The overall ranking of the tenders based on a weighted score is as follows:

Tenderer	Rank
Road and Traffic Services	1
Weston Road Systems	2
Intersectional Line Markers	3
Chris Velios Contracting	4

Consultation

Nil

Comment

A variety of scenarios were used to determine a weighted assessment of prices and it was noted that the leading bid identified from this process was also the lowest and second lowest price tender in terms of raw unit rates. This provides confidence in the assessment that has ranked Road and Traffic Services as the lowest tender.

Typically linemarking, spotting and signing are used on new works in carparks, new road construction, in advance of Main Roads WA road marking, and resurfacing projects. The highest ranked tender, Road and Traffic Services, can provide all scheduled items except signing, however it should be noted that signing services can be sourced through the City’s existing signs contract.

Tender bids include modest traffic management costs, however it should be noted that substantial work on busy streets and intersections will incur traffic management costs in addition to the tendered traffic management rates. This is considered reasonable and necessary with such arrangements made possible through the City’s new traffic management and traffic control services contract.

This report’s recommendation is based on a detailed evaluation of the tenders and the recommendation that tender No 01104 from Road and Traffic Services be accepted is in accordance with the tender evaluation results and accompanying objective assessment by the Tender Evaluation Panel.

Statutory Compliance

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

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.5 Improve transport options and connections”

Policy Implications

Nil

Financial Implications

The extent of expenditure associated with this tender is dependent on the type of capital works projects approved in the Capital Works Program. The cost of such works will be directly charged to projects.

Expenditure will also be incurred for maintenance works, which will be charged to the Maintenance Works Operating Budget allocations.

Based on similar extrapolated quantities to those used in 2010/2011, the estimated annual cost of linemarking, signs and spotting services is in the order of $90,000.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS Tender No 01104 from Road and Traffic Services as per the Schedule of Rates and general conditions of tendering for a period of one year commencing 1 May 2011, as shown at Attachment 1, with the option to extend for a further 2 x 12 months with CPI applicable.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 230

SCHEDULE 1 – SERVICING PRICE SCHEDULE

(Complete the following details and submit with the Tender)

AS PER SPECIFICATION

	TENDER PRICES ALL PRICES EXCLUSIVE OF GST
	ITEM	DESCRIPTION – LINEMARKING Supply and install pavement markings
		PAINT PAVEMENT MARKING – Solvent borne chlorinated rubber paint shall comply with AS/NZS 4049.3: - 2005. Glass beads shall be used on the marking and shall comply with AS2009
	Sizes (widths, spacings etc) to be in accordance with appropriate Australian Standards (as per specification clause 1.1)				PRICE PER LINEAL METRE (EX GST)
	1	On street parking bays			$
	2	Parking bays in a car park			$
	3	Holding line (Stop) prior to MRWA line marking			$
	4	Holding line (Give Way) prior to MRWA line marking			$
	5	Bus bays – yellow line			$
	6	Painting of speed humps			$
	7	ACROD parking stencil			$
	8	Cyclist stencil on road or cycleway			$
	9	Pedestrian stencil on shared path			$
	10	Stencilled letters – per letter			$
	PAINT PAVEMENT MARKING – Water borne chlorinated rubber paint shall comply with AS4049.1: 2005. Glass beads shall be used on the marking and shall comply with AS2009.
	(USE SUBCONTRACTOR RATES IF APPLICABLE)				PRICE PER LINEAL METRE (EX GST) EXCEPT WHERE STATED OTHERWISE
	11	On street parking bays (Each)			$
	12	Parking bays in a car park (Each)			$
	13	Temporary holding line (Stop) prior to MRWA line marking			$
	14	Temporary holding line (Give Way) prior to MRWA line marking			$
	15	Bus bays – yellow line			$
	16	Painting of speed bumps			$
	THERMOPLASTIC PAVEMENT MARKING – Water borne chlorinated rubber paint shall comply with AS4049.1: 2005. Glass beads shall be used on the marking and shall comply with AS2009.
	(USE SUBCONTRACTOR RATES IF APPLICABLE)				PRICE PER LINEAL METRE (EX GST) EXCEPT WHERE STATED OTHERWISE
	17	On street parking bays (Each)			$
	18	Parking bays in a car park (Each)			$
	19	Holding Line (Stop) prior to MRWA line marking			$
	20	Holding Line (Give Way) prior to MRWA line marking			$
	21	Bus bays – yellow line			$
	22	Painting of speed humps			$
	COLD-APPLIED PLASTIC PAVEMENT MARKING Cold-applied plastic pavement marking shall be poly methacrylate resin based marking material and shall comply with AS4049.2. Glass beads shall be used on the marking and shall comply with AS2009.
	(USE SUBCONTRACTOR RATES IF APPLICABLE)				PRICE PER LINEAL METRE (EX GST) EXCEPT WHERE STATED OTHERWISE
	23			On street parking bays (Each)	$
	24			Parking bays in a car park (Each)	$
	25			Holding line (Stop) prior to MRWA line marking	$
	26			Holding line (Give Way) prior to MRWA line marking	$
	27			Bus bays – yellow line	$
	28			Painting of speed humps	$
	29			ACROD parking stencil (Each)	$
	GLOW LINE - (USE SUBCONTRACTOR RATES IF APPLICABLE)
	Per lineal metre of road unless stated otherwise				PRICE PER METRE (EX GST)
	30			Apply Glow Line to mountable kerbing	$
	31			Apply Glow Line to semi-mountable kerbing	$
	32			Apply Glow Line large arrows to kerb face	$
	33			Apply Glow Line small arrows to kerb face	$
	PICKUP AND SPOTTING SERVICES (USE ACCREDITED SUBCONTRACTOR RATES IF APPLICABLE)
	Per lineal metre of road unless stated otherwise				RATES per hour (EX GST)
	34			Pickup survey of existing line marking. (Minimum 2 hours) Hourly rate.	$
	35			Pickup survey of existing line-marking rate thereafter	$
	36			Prepare as-constructed delineation works drawings	$
	37			Spotting of line marking after road resurfacing. (Minimum 2 hours) Hourly rate.	$
	38 39			Spotting of line marking after road resurfacing. Rate thereafter.	$
				Removal of existing pavement marking – Price per metre.	$ per metre
	TRAFFIC MANAGEMENT (USE SUBCONTRACTOR RATES IF APPLICABLE)
					RATES per hour (EX GST)
	40			Traffic management charge for minimum 2 hours works rate	$
	41			Traffic management charge thereafter works hourly rate	$
	42			Call out charge for minor works of less than 2 hours duration	$
OTHER (USE SUBCONTRACTOR RATES IF APPLICABLE)
					RATES per hour (EX GST)
43			Other services to be separately specified as independent additional line items if necessary		$

NAME OF TENDERER:
SIGNATURE OF TENDERER:	DATE:

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 232

IN05-04/11 Tender No 01108 - the Provision of General Weed Control Services for a Period of Two Years

File Ref: 5697 – 11/28069

Responsible Officer: Director, Infrastructure

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider Tender No. 01108 for The Provision of General Weed Control Services within the City of Wanneroo for a Period of 2 Years.

Background

The City is responsible for the management/eradication of weed growth throughout the City’s assets, including but are not restricted to pathways, kerb lines, traffic calming devices, public access ways, parks, reserves, verges and medians. This service has been contracted out for a number of years to enable in-house staff and resources to be assigned to other maintenance activities such as parks maintenance and development, building surrounds maintenance and tree pruning activities.

Detail

Tender No. 01108 for The Provision of General Weed Control Services within the City of Wanneroo was advertised on 26 February 2011 and closed on 15 March 2011. Refer Attachment 1 for schedule of tender items

Essential details of the contract are outlined below:

Contract Type	Schedule of Rates
Contract Duration	2 years
Commencement Date	1 May 2011
Expiry Date	30 April 2013
Extension Permitted	12 Months or part there of
Rise And Fall Included	No

Tender submissions were received from the following companies:

– Turfmaster Facility Management

– Environmental Industries Pty Ltd

– Maxwell Robinson & Phelps

– Steamwand International T/A Weed Technics

– Ghems Revegetation Environmental

The Tender Evaluation Team, consisting of the Coordinator Parks Maintenance, Coordinator Conservation Maintenance and the Contracts Officer, has evaluated the tender submissions in accordance with the following selection criterion:

Item No	Description	Weighting
1	Price for the services offered	50
2	Tenderer’s experience and ability to do the work	15
3	Tenderer’s resources	20
4	Safety Management	15

One of the tenderers, Weed Technics in its tender submission has suggested the use of products to provide “Chemical Free” weed management. Due to the nature, size and general conditions of the tender, Weed Technics was unable to provide a conforming tender and provided an alternate tender submission. Accordingly, the tender submission from Weed Technics was not considered for evaluation.

Price for the Services Offered (50%)

An overall estimated cost based on the likely quantities and schedule of rates was calculated for each tender. The overall estimated costs resulted in the tenderers being ranked as below under this criterion:

Tenderer	Rank
Turfmaster Facility Management	1
Maxwell Robinson & Phelps	2
Environmental Industries Pty Ltd	3
Ghems Revegetation Environmental	4

Tenderer’s experience and ability to do the work (15%)

The tenderer’s experience contained in the tender documentation was examined in order to evaluate their ability to meet the requirements of the contract. Assessment of this criterion considered the tenderer’s previous and current experience similar to the services noted within this tender which resulted in the following ranking:

Tenderer	Rank
Turfmaster Facility Management	1
Maxwell Robinson & Phelps	1
Environmental Industries Pty Ltd	2
Ghems Revegetation Environmental	2

Tenderer’s Resources (20%)

The tenderer’s resources contained in the tender documentation were examined in order to evaluate their ability to meet the requirements of the contract. Assessment of this criterion considered the tenderer’s staff resources, vehicles, plant/equipment and workshop support to manage the contract which resulted in the following ranking:

Tenderer	Rank
Turfmaster Facility Management	1
Maxwell Robinson & Phelps	1
Ghems Revegetation Environmental	2
Environmental Industries Pty Ltd	3

Safety Management (15%)

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

All the tenderers provided varying details of their safety management systems which resulted in the following ranking:

Tenderer	Rank
Turfmaster Facility Management	1
Maxwell Robinson & Phelps	1
Ghems Revegetation Environmental	2
Environmental Industries Pty Ltd	3

Overall Weighted Score

The overall weighted score has resulted in the following tender ranking:

Tenderer	Score
Turfmaster Facility Management	1
Maxwell Robinson & Phelps	2
Ghems Revegetation Environmental	3
Environmental Industries Pty Ltd	4

Additional Comments

Nil

Consultation

Nil

Comment

The tender submission from Turfmaster Facility Management achieved the highest score in accordance with the assessment criteria and weighting as detailed in the tender document and is therefore recommended for acceptance. Turfmaster Facility Management has provided these services to the City in the past and therefore no further reference checking was undertaken.

It is appropriate that the City on a trial basis, gives further consideration to chemical free weed management suggested by one of the tenderers.

Statutory Compliance

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

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

Policy Implications

Nil

Financial Implications

Based on the recommended tenderer’s schedule of rates, the total annual value of works under this contract is estimated to be in the order of $240,000 which is accommodated in the annual Parks Maintenance Operating Budgets.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS the tender submitted by Turfmaster Facility Management for Tender No. 01108 for The Provision of General Weed Control within the City of Wanneroo as per the Schedule of Tender Items and general condition of contract for a period of two years as shown at Attachment 1, with an option to extend the contract for a further 12 months or part thereof, with CPI applicable.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 236

Sheet 1 of 2

SCHEDULE 1 – PRICE SCHEDULE

(Complete the following details and submit with the Tender)

AS PER SPECIFICATION PAGE 10

TENDER PRICES ALL PRICES FIXED & EXCLUSIVE OF GST
ITEM	DESCRIPTION	UNIT	YEAR 1 01/05/11 to 30/04/12	YEAR 2 01/05/12 to 30/04/13
LOCATION SPECIFIC
PATHWAYS
1	Supply and application of a mix of Roundup at 9 litres per hectare and Simazine at 6 kilograms/ hectare	/m² /m²	$	$
KERB LINES
2	Supply and application of a mix of Roundup at 9 litres per hectare and Simazine at 6 kilograms/ hectare	/lineal metre /Lineal	$	$
TRAFFIC CALMING DEVICES (HARD SURFACE)
3	Supply and application of a mix of Roundup at 9 litres per hectare and Simazine at 6 kilograms/ hectare	/m² /m²	$	$
DRAINAGE SUMPS
4	Supply and application of a mix of Razor at 6 litres/ hectare	/m² /m²	$	$
PUBLIC ACCESSWAYS
5	Supply and application of a mix of Roundup at 9 litres per hectare and Simazine at 6 kilograms/ hectare	/m² /m²	$	$
6	Supply and apply Razor 360 g/L at 6 litres/ hectare	/m² /m²		$
7	Supply and apply Roundup at 9 litres/ hectare	/m²	$	$
8	Supply and apply of a mix of Roundup at 9 litres/ hectare and Simazine at 6 kilograms/ hectare	/m²	$	$

NAME OF TENDERER:
SIGNATURE OF TENDERER:	DATE:

Sheet 2 of 2

SCHEDULE 1 – PRICE SCHEDULE (CONT’D)

(Complete the following details and submit with the Tender)

AS PER SPECIFICATION PAGE 10

TENDER PRICES ALL PRICES FIXED & EXCLUSIVE OF GST
ITEM	DESCRIPTION	UNIT	MIN. QTY	YEAR 1 01/05/11 to 30/04/12	YEAR 2 01/05/12 to 30/04/13
GENERAL
9	Supply and apply Simazine 900 at 5 kilograms/ hectare	/m² /m²		$	$
10	Supply and apply Fusilade Forte at 5 litres/ hectare	/m² /m²		$	$
11	Supply and apply Spearhead at 5 litres/ hectare	/m²		$	$
12	Supply and apply Pantera at 5 litres/ hectare	/m²		$	$
13	Supply and apply a mix of Pantera at 5 litres/ hectare and Simazine at 6 kilograms/ hectare	/m²		$	$
14	Supply and apply Targa at 5 litres/ hectare	/m²		$	$
15	Supply and apply Ronstar at 200 kilograms per hectare	/m² /m²		$	$
16	Supply and apply Casoron (granular) at 60 kilograms per hectare	/m²		$	$
17	Supply and apply a mix of Spearhead at 5 litres per hectare and Simazine at 6 kilograms per hectare	/m² /m²		$	$
18	Supply and apply spray pattern indicator (Rhodamine free)	/m² /m²		$	$
19	Supply only Kwikin	/Litre /m²		$	$
20	Supply only Pulse Penetrant	/Litre		$	$

Notes: Should any listed chemical become unavailable then the Contractor shall seek an alternative, which is similar to the unavailable chemical in both operation and price. The alternative will be negotiated with the Principal and will be approved by the Principal if reasonable in both operation and price. If the approved alternative results in savings or additional costs to the Contractor then the Price Schedule shall be adjusted to reflect the savings or costs.

Min. Qty: The Contractor is to specify the minimum quantity for the smallest sized area it is willing to undertake per job.

NAME OF TENDERER:
SIGNATURE OF TENDERER:	DATE:

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 238

Traffic Management

IN06-04/11 Carramar Special Rural Zone (Tranquil Drive) - Review of Traffic Issues

File Ref: 3000 – 11/21160

Responsible Officer: Director, Infrastructure

Disclosure of Interest: Nil

Attachments: 7

Issue

To consider traffic options to be included in community consultation with the residents of the Carramar Special Rural precinct to address through traffic and speeding within the precinct.

Background

Over many years the City has received numerous complaints from the residents of the Carramar Special Rural precinct regarding traffic issues along Tranquil Drive and Rustic Gardens, principally the speed of traffic, the volume of transit traffic, and the volume of commercial vehicles. Refer Attachment 1 for a location plan identifying the subject area.

Council last considered this issue at its meeting of 5 May 2009 (IN02-05/09 refers) where it resolved as follows:-

1. “Notes the results of the traffic studies on Tranquil Road and Rustic Gardens, Carramar;

2. Endorses public consultation with the residents of the Carramar Golf Links Estate on the following traffic treatment options:

a) Closure of Tranquil Drive at Flynn Drive;

b) Closure of Tranquil Drive at Carramar Road;

c) Closure of Tranquil Drive between Sublime Glade and Bushland Retreat; and

d) No change to the existing road network

3. Considers the results of the public consultations at a future meeting.”

Detail

The area of Carramar serviced by Carramar Road, Tranquil Drive and Rustic Gardens is zoned ‘special rural’.

Carramar Road, Tranquil Drive and Rustic Gardens are classified as local distributor roads in the City’s Functional Road Hierarchy and provide the road network spine through the precinct. As a special rural subdivision, the road network has also been designed to cater for fire safety by providing alternate exits to the north and south.

Carramar Road runs east/west between Wanneroo Road and Tranquil Road for a distance of 360 metres and has been constructed with an 8.5 metre wide pavement. Tranquil Drive runs north-south between Flynn Drive and Carramar Road. It is 2.13 kilometres in length and has been constructed with a 6.3 metre wide pavement. Rustic Gardens curves between Tranquil Drive in the north and Golf Links Road in the south. Rustic Gardens is 1.92 kilometres in length and has been constructed with a 6.4 metre wide pavement for the majority of its length.

Carramar Road, Tranquil Drive, Rustic Gardens and Wildflower Drive are all posted with 60km/h speed limits. ‘Local Traffic Only’ signs are installed at the intersections of Tranquil Drive and Flynn Drive, Tranquil Drive and Carramar Road, and Rustic Gardens and Golf Links Road.

As is typical for other special rural subdivisions, the roads in the precinct are without kerbing, footpaths and street lighting. As a result, pedestrians in the precinct either walk on the road or along the road shoulder. As the majority of complaints focus on the proportion of road users, believed to be non-local, transiting through the subdivision (i.e. rat-running) and speeding, the residents perceive a loss in amenity in what is a semi-rural precinct.

Complaints also centre on the volume of heavy commercial vehicles using these roads and the noise generated by the early morning users. The growth of the Neerabup Industrial Area and its future impact on these roads adds to these concerns.

The attraction for drivers ‘rat-running’ along Carramar Road and Tranquil Drive in preference to using the Wanneroo Road / Flynn Drive intersection is that it is perceived to be shorter, quicker, and safer.

In response, Administration conducted traffic studies on Tranquil Drive and Rustic Gardens, and undertook an Origin/Destination Study. The results of these studies were referred to Council at its meeting of 5 May 2009 (IN02-05/09 refers).

The results of the traffic study are also shown in Table 1 and Attachment 2, while the results of the Origin/Destination Study are shown in Tables 2 and 3, and Attachment 3.

Table 1 – Traffic Data

Location	AWT (vpd)	85%ile Speed (km/h)	% Commercial
Tranquil Drive: North of Carramar Road	1462	72	8
Tranquil Drive: South of Sublime Glade	1103	80	14
Tranquil Drive: South of Flynn Drive	835	73	8
Rustic Gardens: East of Tranquil Drive	295	71	12

Table 2 – Origin/Destination Data (AM)

Thursday, 9 October 2008 - 7.00am - 8.30am
Origin	Destination	Vehicle Count	%
Tranquil Drive/Carramar Road (Total incoming vehicles =75)	Flynn Drive	45	60%
	Golf Links Road	0	0%
	Carramar Road	2	2.7%
Tranquil Drive/Flynn Drive (Total incoming vehicles =21)	Flynn Drive	2	9.5%
	Golf Links Road	0	0%
	Carramar Road	13	61.9%
Rustic Gardens/Golf Links Road (Total incoming vehicles =27)	Flynn Drive	11	40.7%
	Golf Links Road	0	0%
	Carramar Road	0	0%

Table 3 – Origin/Destination Data (PM)

Thursday, 9 October 2008 - 3.30pm - 5.30pm
Origin	Destination	Vehicle Count	%
Tranquil Drive/Carramar Road (Total incoming vehicles =89)	Flynn Drive	10	11.2%
	Golf Links Road	0	0%
	Carramar Road	5	5.6%
Tranquil Drive/Flynn Drive (Total incoming vehicles =163)	Flynn Drive	0	0%
	Golf Links Road	0	0%
	Carramar Road	58	35.6%
Rustic Gardens/Golf Links Road (Total incoming vehicles =53)	Flynn Drive	0	0%
	Golf Links Road	0	0%
	Carramar Road	0	0%

Local distributor roads in an urban environment often carry up to 3,000 vehicles per day (vpd) but can carry up to 6,000 vpd. Analysis of the results in Table 1 indicates that the traffic volume on Tranquil Drive at 1,462 vpd is considered moderate for its rural character, while the traffic volume on Rustic Gardens at 295 vpd is low. However, the 85^th percentile speeds are well above the posted speed limits of 60km/h.

The percentage of commercial vehicles on Tranquil Drive is 8% and Rustic Gardens, 12%; which would be considered moderately high in an urban environment, while in a rural area where larger vehicles are more common it can be considered moderate. Detailed analysis of the data does show that commercial vehicles begin operating shortly after 5am.

Analysis of the origin/destination survey listed in Tables 2 and 3 validates the residents concerns that there is a significant ‘rat-run’ along Tranquil Drive between Carramar Road and Flynn Drive, during both the morning and evening, whilst Rustic Gardens experiences a lower level of through traffic in the mornings.

Consultation

Initial community consultation conducted in March 2010, with further consultation proposed.

Comment

In order to progress community discussion, the City advised the residents of the Carramar Special Rural precinct in March of 2010 that it proposed to conduct a series of trial road closures along Tranquil Drive, in accordance with Council resolution IN02-05/09, in order to gain practical feedback from residents. However, due to fire safety concerns raised by residents the trial was subsequently cancelled and they were advised that the City would explore alternatives.

When considering options, Administration was limited by the semi-rural nature of the precinct as standard traffic management philosophy is focused on urban areas where roads are kerbed and treatments are well lit. Standard traffic management treatments are also considered to have an influence of only 80-100 metres and need be repeated at those intervals to affect the whole road length.

To achieve traffic calming along Carramar Road, Tranquil Drive and Rustic Gardens would require a complete change in the road environment, requiring the kerbing and draining of the roads, along with the installation of street lighting along their length.

Administration has taken the view that removal of transit traffic is the issue of most concern to the community. If the transit traffic can be reduced or eliminated, any residual speeding issues are the result of the communities own actions. As a result the City has now developed six alternative proposals for consideration by the residents of the Carramar Special Rural precinct as detailed below:

a) Installation of a Separation Line along Carramar Road, Tranquil Drive and Rustic Gardens

The Australian Standard ‘AS1742.2-1994 Manual of uniform traffic control devices - Traffic control devices for general use’ allows for the use of a separation line along roads carrying more than 2,500vpd on an urban road and 300vpd for a rural road.

If Main Roads WA is willing to assess these roads as rural and approve the installation of a separation line this will provide delineation of lane width and improve separation of opposing vehicle flows.

Advantages:

Improved road safety by delineation of lane width and separation of opposing vehicle flows.

Delineation of narrow 3 metre lane width, may also result in reduced overall speeds.

Disadvantages:

Changes the visual character of these semi-rural roads.

b) Cul de sac the Tranquil Drive/Flynn Drive intersection (Refer Attachment 4: Drawing No. 2669-1-0)

This proposal is to cul de sac Tranquil Drive at Flynn Drive with a driveway link onto Flynn Drive. The driveway link is to be one way, with left turn only at Flynn Drive. The driveway link can be constructed as a simple one way road or with a kerb threshold at both ends to reinforce the idea that it in not part of the normal road network.

Advantages:

Reduces the attractiveness of this route to north bound transit traffic as access onto Flynn Drive is left turn only.

Prohibits entry of transit traffic from Flynn Drive.

Allows entry of emergency vehicles from Flynn Drive.

Provides an emergency exit route for local residents.

Disadvantages:

Prevents entry of all traffic from Flynn Drive, including local residents.

Restricts exit of local traffic onto Flynn Drive to left turn only.

Under this proposal, until Flynn Drive is upgraded to a dual carriageway, the left turn only exit and no entry restrictions will be regulated by signage only. As such, it can be expected that there will be a level of non-compliance due to the remote location of the junction which will need to be dealt with by the WA Police, as the City has no authority to enforce the Road Traffic Code.

c) Restrict the Carramar Road/ Wanneroo Road intersection to left-in/left-out only (Refer Attachment 5: Drawing no. 2663-1-0).

This proposal will restrict access to/from Carramar Road at Wanneroo Road to left-in/left-out.

Advantages:

North bound traffic on Wanneroo Road will no longer be able to access Carramar Road, which is the majority access point for transit traffic.

Disadvantages:

Restricts access and egress of local residents of the Carramar Special Rural precinct.

Increased traffic on Inverell Green by residents of Carramar Special Rural precinct.

Could result in north bound transit traffic also detouring via Golf Links Road and Inverell Green.

d) Change the ‘Give Way’ priority of the Carramar Road/Tranquil Drive/ Inverell Green intersection (Refer Attachment 6: Drawing No. 2666-1-0)

The current intersection is configured with Carramar Road and Tranquil Drive as the priority through road and Inverell Green is the terminating leg of the ‘T’ intersection. The City has received complaints about the poor sightlines at this intersection.

Advantages:

Improve the sight lines and consequently safety of the intersection.

Introduces a ‘Give Way’ to the ‘rat-run’ and potentially increasing the time delay and reducing its attractiveness.

Disadvantages:

Encourage greater use of Inverell Green as it would be the priority road.

e) Change the ‘Give Way’ priority of the Tranquil Drive/ Rustic Gardens intersection (Refer Attachment 7: Drawing No. 2668-1-0)

This proposal changes the through priority of this intersection, with Tranquil Drive between Flynn Drive and Rustic Gardens becoming the terminating leg of the ‘T’ intersection.

Advantages:

South bound traffic on Tranquil Drive must ‘Give Way’ to Tranquil Drive/Rustic Gardens priority traffic, which may reduce speed and creating some delays for through traffic reducing the attractiveness of the ‘rat-run’.

Disadvantages

Creates an uninterrupted road circuit from the Golf Links Drive/Cheriton Drive roundabout to Carramar Road

f) Take no action and review the traffic issues in the Carramar Special Rural Precinct after the realignment of Flynn Drive and the installation of traffic control signals at the new Wanneroo Road/Flynn Drive intersection

The City’s 2010/2011 Capital Works Program allocates $6,226,000 for the construction of a new carriageway for Flynn Drive on a new alignment between Wanneroo Road and Tranquil Drive. In addition, Main Roads WA has agreed to the installation of traffic control signals at the new Wanneroo Road/ Flynn Drive intersection. However, at its meeting of 16 November 2010 Council resolved to defer this project (IN03-11/10 refers):

“1. DEFERS the construction of the Flynn Drive Realignment Project (PR-1494) until a firm budget/timeframe for construction works for the dualling of Wanneroo Road from Joondalup Drive to Hall Road is provided by State Government;

2. NOTES LandCorp’s offer of assistance in relation to any lobbying of State Government that may be required to fund and bring forward the construction for the duplication of Wanneroo Road from Joondalup Drive to Hall Road;

3. AUTHORISES the Mayor to write to the Hon Simon O’Brien MLC, Minister for Transport, requesting that funding be allocated by State Government in the 2011/2012 state budget to enable the early construction of the duplication of Wanneroo Road from Joondalup Drive to Hall Road;

4. REQUESTS Main Roads WA to undertake the construction of temporary improvement works linked to the existing Wanneroo Road/Flynn Drive intersection, Neerabup, with the cost of these works to be funded from the $500,000 Black Spot funding from State Government that was initially granted to City in relation to proposed improvement works at this intersection;

5. NOTES that the programme of the Flynn Drive Realignment Construction Project (PR-1494) will be considered as part of the 2011/2012 Budget deliberations, at which time direction regarding State Government commitment to the Wanneroo Road Dual Carriageway Project should be known; and

6. NOTES that Administration will continue to pursue the outstanding land aquatic and environmental approvals.”

When this project is undertaken it will improve access and safety at the Wanneroo Road/Flynn Drive intersection and will help reduce the attraction of the Carramar Road/Tranquil Drive ‘rat-run’ for commercial vehicles.

Advantages:

Delaying Council’s decision until after the Wanneroo Road/Flynn Drive works are complete will ensure that funds are not expended on works that in the longer term are not needed.

Disadvantages:

This issue has a long history and delaying action further may not be acceptable to residents.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.4 Improve community safety”

Policy Implications

Nil

Financial Implications

The recommendations of this report do not commit Council to the expenditure of any fund on road works. However, as a guide to the likely cost of the various road work options the following estimates are provided:

a) Installation of a Separation Line along Carramar Road, Tranquil Drive and Rustic Gardens – ost $5,000

b) Cul de sac the Tranquil Drive/Flynn Drive intersection – Cost $70,000

c) Restrict the Carramar Road/ Wanneroo Road intersection to left-in/left-out only – cost $25,000

d) Change the ‘Give Way’ priority of the Carramar Road/Tranquil Drive/Inverell Green intersection – cost $70,000

e) Change the ‘Give Way’ priority of the Tranquil Drive/Rustic Gardens intersection – cost $70,000

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. Endorses community consultation with the residents of the Carramar Special Rural precinct on the following traffic treatment options:

a) Installation of a Separation Line along Carramar Road, Tranquil Drive and Rustic Gardens;

b) Cul de sac the Tranquil Drive/Flynn Drive intersection;

c) Restrict the Carramar Road/ Wanneroo Road intersection to left-in/left-out only;

d) Change the ‘Give Way’ priority of the Carramar Road/Tranquil Drive/Inverell Green intersection

e) Change the ‘Give Way’ priority of the Tranquil Drive/Rustic Gardens intersection; and

2. NOTES that a report will be presented to Council on the results of the community consultation process.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 253

IN07-04/11 Review of the Use of Rubber Speed Humps

File Ref: 3120 – 11/22305

Responsible Officer: Director, Infrastructure

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider the use of rubber speed humps within the City of Wanneroo.

Background

When ratepayers report incidents of speeding or ‘hooning’, the majority solution requested is the installation of speed humps. The City has resisted these requests in the past and sought other solutions to these driver behaviour issues.

However, in 2008 the State Government initiated the Anti Hoon Speed Humps Program to trial the use of rubber speed cushions (RSC’s) as a method of reducing the incidence of antisocial driver behaviour. Under the program the City has been successful in obtaining funding for two projects: Burnett Drive, Clarkson and Rosslare Promenade, Mindarie. In addition the City has funded the installation of the RSC’s in Alexandria View, Mindarie, which did not qualify for funding under the scheme.

There is therefore a need for the City to develop a consistent position on the use of speed humps and other vertical displacement devices.

Detail

Historically the City of Wanneroo has not promoted the use of speed humps or vertical displacement devices as remedial traffic treatments to combat speeding and ‘hooning’. The City’s resistance to the use of these devices being based on the experience of other local authorities and known disadvantages, such as:

· Impact on adjacent residents due to noise as vehicles decelerate/accelerate and trade vehicle cargoes are displaced.

· Impact on ambulance passengers.

· Impact on bus passenger comfort, which reduces the attraction of public transport.

However, speed plateaux and intersection plateaux are now being more frequently designed into new suburbs to create low speed ‘Liveable Neighbourhoods’ and the City itself has used them on Ocean Drive, Quinns Rocks, to create a more pedestrian friendly beach precinct. In addition, it is proposed to provide a speed plateau, incorporating a pedestrian crossing in Dundebar Road between Rocca Way and Yagan Place.

Additionally, in 2008 the State Government initiated the Anti Hoon Speed Humps Program to trial the use of RSC’S as a method of reducing the incidence of antisocial driver behaviour.

Main Roads WA is also trialling the use of RSC’s, along with variable speed zoning along Fitzgerald Street, North Perth, to create a 40km/h speed zone on a major bus route and subject to higher traffic volumes.

Consultation

Nil

Comment

Traditional traffic management treatments as listed below, were developed as methods of retrofitting existing suburbs to change their character from one where vehicles dominated, to one more friendly to pedestrians and cyclists. They reduced vehicle speed and delays by introducing either horizontal or vertical displacement, or by altering the road environment:

· Roundabouts (horizontal displacement)

· Blister islands (horizontal displacement)

· Chicanes (horizontal displacement)

· Speed plateau (vertical displacement)

· Speed humps (vertical displacement)

· Narrow lane widths (road environment)

· Entry Statements (road environment)

· Modified ‘T’ intersections (road environment)

· Partial and full road closures (road environment)

· Driveway links (road environment)

The City’s newer suburbs developed under the ‘Liveable Neighbourhoods’ Planning Philosophy are having traffic management designed into the subdivision through short road lengths and narrow road widths. In this environment, along with the narrow lot frontages and frequent crossovers, it is likely that retrofitting of most of the above listed treatments other than the vertical displacement devices would not be achievable.

Among the available vertical displacement devices RSC’s are considered to have the following advantages over traditional speed humps/plateaux:

· Road drainage is unaffected, reducing cost.

· Speed Cushion width can be chosen to reduce impact on emergency vehicles, public transport and commercial vehicles. Where narrow profile RSC’s are used, the majority of service vehicles can straddle them with little impact. However, the need to carefully align the vehicle with each speed cushion results in a lowering of traffic speeds.

· Portability allows for temporary installation and relocation.

In a recent review of the RSC’s installed on Burnett Drive, Clarkson, the following results were achieved:

· The number of vehicles on Burnett Drive, south of McPherson Avenue, exceeding the 50km/h speed limit reduced from 67.5% to 9.7% and the 85% percentile speed reduced from 61.2km/h to 47.5km/h.

· Similarly, for vehicles north of McPherson Avenue, the number of vehicles exceeding the 50km/h speed limit reduced from 62.5% to 3.2% and the 85% percentile speed reduced from 59.4km/h to 40km/h.

In light of these results, and the growing public acceptance of the RSC’s as a traffic treatment, Administration considers that the City can make greater use of them, either in combination with other treatments or as stand alone devices. However, to reduce the chance of noise complaints from residents requesting the removal of the RSC’s after installation they should only be used after community consultation and agreement from the residents that they will not be removed for a period of three years.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.4 Improve community safety”

Policy Implications

RSC’s will be considered as a valid treatment for sites qualifying for traffic management under the City’s Traffic Management Investigation and Implementation Policy.

Financial Implications

A typical single installation of a RSC in each lane of a standard residential road costs $6,000, however costs will increase if street lighting improvements are required to illuminate the cushions.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSE the use of rubber speed cushions as an acceptable traffic management treatment; and

2. NOTE that rubber speed cushions will be installed in accordance with the guidelines used by the Anti Hoon Speed Humps Program and at sites which qualify for traffic management under the City’s Traffic Management Investigation and Implementation Policy.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 262

Program Services

CD02-04/11 Concept Plan for the Development of Keith Griffith Park

File Ref: 4454 – 11/28337

Responsible Officer: Director, Community Development

Disclosure of Interest: Nil

Attachments: 3

Issue

To consider the proposed concept plan for the development of Keith Griffith Park, Darch.

Background

Keith Griffith Park is located on 6 Keith Griffith Drive, Darch and is a 0.44 ha undeveloped area of public open space. There are currently no existing amenities on site and the park is of a poor standard overall.

Historically there have been a number of community requests for the standard of Keith Griffith Park to be upgraded to improve functionality for local residents. This has generally involved a call for the park to be irrigated and for installation of passive park amenities. This has resulted in the Keith Griffith Park upgrade project being included in the City’s 10-year Capital works program for 2010/11.

Detail

The Keith Griffith draft concept plan (Attachment 1) includes a number of core passive park elements and incorporates nature play themes in various areas of the park.

The concept plan offers options for the development of the park in a single stage within the budget currently allocated in the City’s Capital Works program 2010/11, and includes options for the following amenities:

· Double swing with toddler seat and child’s strap seat;

· Disc swing;

· Bench seats with backs;

· Bench seat (no back);

· Bench seat;

· Pedestal picnic table with bench; and

· Nature activity spaces.

Consultation

The City’s Community Consultation Review Panel endorsed a consultation strategy in October 2010 which included:

· Distribution of the draft concept plan and public comment form to all residents within a 400 metre radius of Keith Griffith Park;

· Displays at the City of Wanneroo Civic Centre;

· Inclusion of information and comment opportunity on the City’s website via ‘Your Say’; and

· An onsite community meeting on Monday 6, December 2010 to give local residents the opportunity to discuss the concept plan with Administration.

The draft concept plan was released for public comment for a period of 25 days from Friday 19 November to Friday 17 December 2010 inclusive. A total of 54 public comment forms were received during this period, with 52 respondents supporting the draft concept plan (96%) and 2 respondents (4%) opposing the park development in its proposed format.

Of the 96% positive responses, the majority were generally supportive of the concept plan as presented. Whilst happy with the concept plan a number of potential amenities requests for the inclusion of soccer goals or a 3 on 3 basketball pad, were suggested.

Four percent of responses received expressed concern over the lack of a substantial irrigated area within the park and the possibility of installing park amenities such as a gazebo and BBQ facilities.

Please refer to (Attachment 2) for public comment responses.

Comment

Some requests have been received for the inclusion of BBQs, a gazebo, 3 on 3 basket ball pad, soccer and/or rugby goals into the concept plan. Due to budget constraints only a 3 on 3 basketball pad has been added at this stage.

In relation to requests to increase the proposed irrigated area, early investigations concluded that it was not possible to deliver this request based on the advice from the Department of Water relating to water restrictions. The City, since the completion of the consultation period, has learnt from the Department of Water that the Whitfords Sub area has not reached its abstraction limit.

Administration has applied for both a bore and water allocation license for Keith Griffith Park. Both submissions have been successful allowing the City to legally draw water for the irrigation of Keith Griffith. Attachment 3 also explains the Department of Water ruling that whilst the Keith Griffith allocation has increased, the City’s allocation in the Whitfords Sub area has not. The Department of Water encourages water efficiency by the City where possible.

At the residents request the city has increased the irrigated area of the Keith Griffith Concept plan. The increase in irrigated area has been made in keeping in line with the City’s water conservation principles and the consequences for existing native trees if too much water is introduced to their root systems.

The development of Keith Griffith Park in accordance with the proposed Concept Plan will provide valuable amenity for local residents and ensure a balance between meeting community needs and expectations, and the City’s responsibility towards the environment. It is therefore recommended that Council endorse the Keith Griffith Park Concept Plan and resolve to proceed with detailed design and development works.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“1 Environment

1.4 Improve the quality of the built environment”

“2 Social

2.1 Increase choice and quality of neighbourhood and lifestyle options.

2.2 Improve the City’s identity and community well-being through arts, culture, leisure and recreation.”

Policy Implications

Nil

Financial Implications

A total of $170,000 has been allocated for the upgrade of Keith Griffith Park (project No. PR-4454) for the 2010/11 financial year. A further 60,000 has been listed for consideration in the 2011/12 financial year capital works program to include bore and irrigation costs.

Works conducted will be in accordance with the construction cost estimate, including contingencies and project management charges. To develop the park based on the Concept Plan sufficient funds for the full scope of works will be available subject to 2011/12 funding approval.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSES the Keith Griffith Park Upgrade Concept plan as presented in Attachment 1; and

2. NOTES that the estimated costs in 1. above have been listed for consideration in the City’s 10 Year Works Capital Program.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 268

CD03-04/11 Kingsway Masterplan Review

File Ref: 4172 – 11/27675

Responsible Officer: Director, Community Development

Disclosure of Interest: Nil

Attachments: 2

Issue

To consider the Kingsway Regional Sporting Complex Masterplan Review by Consultant CCS Strategy.

Background

In October 2010, the City of Wanneroo commissioned CCS Strategic to undertake a review of the Kingsway Redevelopment Masterplan of 2006 and prepare a new Masterplan. This new plan reflects a range of amendments and adjustments necessary and desirable by both the City of Wanneroo and the resident clubs and other user groups to continue the redevelopment program.

Detail

Stage 4 of the Masterplan identified in the 2006 review, involving redevelopment of the facilities primarily used by Olympic Kingsway Sports Club and Wanneroo Districts Rugby Union Club, was underway at the time of this review.

The intent of the study was to ensure all areas within the reserve are included in the review.

The report outlines the principal needs expressed by the clubs at the broader or generic level which can be summarised as follows:

· As a priority, ensure the playing surfaces (match and training) are presented and maintained in the best possible condition. It’s already good but the standard of presentation needs to be maintained;

· Provide additional parking facilities throughout the reserve noting the congestion on Saturday mornings when junior sports - netball, football, soccer and rugby are all in full flight;

· Name and clearly label the roadways to allow emergency vehicles (and others) to be guided through internal roads to clubhouses or playing fields;

· Design the road layout, road perimeters and vehicle access points to not only discourage but physically prevent cars getting onto playing surfaces and causing damage – pine bollards have proven to be ineffective especially around the rugby fields;

· The proposed playgrounds – regional installation and satellite sites are welcomed by both ground users and nearby residents. Interconnecting pathways and access to toilet facilities need to be considered for use by local residents’ at times sporting clubs are not present;

· As demand increases and it becomes more difficult to accommodate all users as they would like to be accommodated, establish a priority access policy that services local clubs before more distant clubs and clubs that both train and compete at the venue in preference to those that train only or play only.

In terms of particular changes to the previous masterplan the report recommends three major variations:

· The first is the creation of a multipurpose playing field to the east of Kingsway Oval and to the north of the baseball facility. This playing field is to accommodate diamond sports as previously shown and also allow for the development of a second oval space for use by little athletics (field events) and football. Whilst the development of this oval space is somewhat predicated on the potential establishment of a major sport elite training and administration centre to the south of Kingsway Oval, the level of use of the existing oval is reaching (or perhaps already at) capacity and additional accommodation for these activities is the most pressing.

· The second is the introduction of a bowling facility to sit adjacent to the Kingsway Sports Club building. Current indications are that a 6 rink synthetic green can be accommodated in this location without impacting on other ground users. Subsequent building modifications to embrace this new facility and service its patrons would follow.

· The third is a reconfiguration of the British Soccer fields (Wanneroo City Soccer) to create 3 playing fields running north-south on a newly formed (cut and fill) upper level including a home ground field closest to the clubhouse. The two fields running east-west on a lower level at the Bellerive Boulevard end are to remain with only minor works to remove a slight elevation in the north eastern corner. Lighting to AS2560 for training purposes is to be provided across the entire area with the Club provided the opportunity to upgrade lighting on the main pitch for competition purposes.

Consultation

During late 2010 and early 2011 CCS Strategic held a series of one-on-one meetings with the existing clubs and proposed users of the reserve and also conducted an open community workshop with both club representatives and nearby residents in attendance.

Comment

The literature review and demographic analysis carried out by CCS Strategic indicated that Kingsway will remain under considerable local growth pressure for the next decade. In conjunction with its regional role the precinct will need to accommodate greater local and district level activity as the suburbs in immediate proximity to Kingsway reach maturity. It is important that this role is balanced with the growing needs for regional and district level facilities elsewhere in the City of Wanneroo, including Butler North, Yanchep and Two Rocks. There will competing demands for the City’s scarce financial and other resources in order to deliver facilities and playing fields for a rapidly growing population. The City has been actively engaging the State government with regard to this matter.

The revised Kingsway Regional Sporting Complex Masterplan provides the City with a clear direction in which the development of the this key regional facility will support the sporting and recreational needs for the resident clubs as well as the casual and passive recreational requirements of the surrounding residents.

Building condition reports, undertaken by the City to determine the status of ten separate structures within the Kingsway Regional Sports Reserve, have identified additional costs associated with both renewal and upgrade of these buildings. An allocation of $300,000 has been made in 2011/12 for rehabilitation of clubrooms to tackle the most urgent of these items. Further allocations will be required in future years to continue this work on the principle of renew before new.

The imminent Stages 5 (2011/12) & 6 (2012/13) will remain consistent with the original Masterplan with minor amendments based on the input and feedback from clubs and residents. In addition to these works being carried out, within 2011/12 works will also be carried out to signpost and name the internal roads within the reserve and provide protection to the Soccer North and Rugby areas to prevent unauthorized vehicular access to the playing surfaces. Additional patrols of the area and re-keying of gates are considered important strategies in preventing antisocial behaviour and vandalism at these locations.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.2 Improve the City’s identity and community well-being through arts, culture, leisure and recreation”

Policy Implications

Nil

Financial Implications

The consultant has identified the potential financial implications of this study, which are subject to Council’s budget deliberations. Many of the items proposed are already included in the City’s 10 Year Capital Works Program, but there will be additional funds required – particularly in response to development of an additional football oval and creation of bowling facilities.

The program of works as described in the Masterplan has been broken into 6 internal zones and a further zone addressing the overall site and site perimeter (Zone 1). The cost of development using January 2011 costs is shown below.

Area cost	$
Item 1 - Overall Site and Site Perimeter	1,556,100
Item 2 – Hockey/Cricket Zone	770,600
Item 3 - Netball and Air Training Corp Zone	851,163
Item 4 - Kingsway Sporting Club Zone	3,728,222
Item 5 - Diamond Sports Zone	1,521,900
Item 6 - Wanneroo City Soccer Club Zone	2,657,164
Item 7 - Olympic Kingsway and Rugby Zone	2,501,650
Total all items	13,587,799
Design Contingency - 5%	679,390
Construction Contingency - 10%	1,426,719
Professional Fees/Management Fees - 10%	1,569,391
Total project cost - January 2011	17,263,298

An implementation strategy has also been developed that has proposed the works be undertaken over a period of years to 2020 as demand is confirmed. The cost of implementation has been escalated at the rate of 4% per annum to produce a cash flow projection of expenditure to be made by the City. This table does not include costs by others or potential grant income. It shows the impact of escalation according to the implementation program over the period to 2019 lifting the total cost from $17,263,298 to $19,683,225.

Year	Construction cost	Total project cost
2011	1,000	1,271
2012	2,220,309	2,820,902
2013	4,419,737	5,615,275
2014	695,841	884,066
2015	4,181,806	5,558,224
2016	1,737,989	2,208,115
2017	777,349	987,622
2018	1,043,262	1,325,464
2019	222,184	282,285
Total	15,299,476	19,683,225

Within the City’s 10 Year Financial Management Plan the following resources have been allocated for Kingsway Regional Sporting Complex and are included within the consultants report.

Year	Item	Budget Allowance
2011/12	Stage 5 – Soccer South	3,900,000
	Rehabilitation of Clubrooms	300,000
2012/13	Baseball Clubrooms Preliminary design	75,000
	Stage 6 – Baseball Grounds	2,700,000
	North East Precinct Landscaping	100,000
2013/14	Baseball Clubroom Construction	750,000
	Football Clubrooms Preliminary Design	50,000
2014/15	Football Clubrooms Upgrade	500,000

	Total	7,625,750

The major additional cost to the project is the inclusion of an additional sporting oval to the east of the current football oval and the provision of additional changing facilities throughout the reserve to support the expanding levels of use on the reserve.

The provision of clubroom and changing facilities throughout the reserve will be subject to grant applications through the Department of Sport and Recreation’s Community Sports & Recreation Facilities Fund being successful. Contributions from the resident clubs will be sought as well in the case of an upgrade to current facilities and possibly their respective state sporting associations should the facilities be anticipated to support state level activities.

Voting Requirements

Simple Majority

Recommendation

That Council: -

1. RECEIVES the Revised Kingsway Masterplan Report in Attachment 1;

2. NOTES that the review of the Kingsway Masterplan will require a thorough review of the commitments in the 10 Year Financial Plan to allow consideration of any proposed additional works;

3. NOTES that implementation of works associated with the Masterplan will be subject to Council’s ongoing budget deliberations; and

4. NOTES that issues raised within the Masterplan review associated with Stage 5 works, to commence in 2011, will be taken into consideration during the design and implementation phases.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 343

Other Matters

CD04-04/11 Review of the Community Consultation Policy

File Ref: 2411 – 11/27066

Responsible Officer: Director, Community Development

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider a review of the Community Consultation Policy.

Background

At its meeting of 26 April 2006 Council adopted a Community Consultation Policy to guide the way in which the City interacts with residents and other stakeholders on a range of issues. The original policy was developed in line with best practice principles available throughout Australia at that time.

Detail

The International Association for Public Participation Australasia (IAP2) publishes a widely used and regarded Public Participation Spectrum. This Spectrum has been used to review the City’s policy and very few changes were required. Essentially the following points have now been amended or clarified.

· Inclusion of the term engagement in the title and principles.

· Clarification of roles and titles since the organisational restructure in 2009.

· Additional definitions to assist interpretation.

· Extending the previous four stages of consultation to the international standard of five stages, based on increasing levels of public impact.

The revised draft Community Consultation and Engagement Policy is included as Attachment 1.

Although the policy as a high-level framework guiding the City’s intentions requires few modifications, the supporting documentation/practice notes require significant review and changes. An internal working group is assessing existing tools and considering the development of new tools to assist all officers implement the principles of the policy consistently and effectively. In particular, new technologies are being investigated to facilitate interaction with stakeholders who do not have access to traditional consultation methods (poor distribution of local newspapers, physical handicaps, etc) or who prefer on line communications (typically younger adults, but increasingly seniors as well).

Consideration is also being given to the preparation of an annual consultation strategy, for presentation to Council, that identifies key projects that might be considered by the community for input in a cohesive manner that avoids duplication of effort and “consultation fatigue” for respondents. This will be increasingly important as we move towards the implementation of the State Government’s proposed Integrated Planning Framework, which will require a community lead process for developing a Strategic Community Plan.

The IAP2 Public Participation Spectrum is proposed to be adopted as an attachment to the policy and appears as Attachment A to this report.

Consultation

Consultation was undertaken with a selection of key City officers who regularly conduct consultation with the City’s residents and stakeholders.

Comment

Recent reference to consultation strategies and policy frameworks in other Local Government authorities across Australia confirms that the City of Wanneroo policy, with minor modifications, is still appropriate. The City has extensive experience in the use of traditional and creative consultation processes that have proven very successful, including:

· formal surveys such as the annual customer perception surveys;

· calls for submissions in response to formal planning matters;

· sausage sizzles to aid in gathering community input to park designs;

· direct mail to residents within a suitable catchment;

· public meetings;

· newspaper/internet advertising of opportunities to comment;

· community art projects such as photo journals and primary school projects that informed the Quinn’s Residential Study;

· Tree of Hope/Cultural Plan based around City events.

It is clear however that with the decline in readership of newspapers by young adults and others within our community that new contact opportunities need to be explored. Adoption of the revised policy will enable Administration to focus on the development of a new “toolkit” for officers to use in engaging with the wider community for a range of issues. New technologies need to be explored to ensure that we understand the risks and productivity gains to be made from these if the City chooses to implement them. These might include:

· Facebook pages – interactive or non-interactive;

· Twitter;

· On line forums or targeted campaigns;

· Citizen space – crowd sourcing for policy development.

It is critical that the diversity of the City be considered in adopting new processes, including those with English as a second language, physical and mental health issues, cultural differences, etc.

The ability for Council to formally consider an annual consultation strategy should be trialled and would make a valuable contribution to the way in which we respond to community needs and concerns.

Statutory Compliance

This review of a Council Policy is undertaken in compliance within the requirements of the Local Government Act (WA) 1995.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.2 Improve community engagement”

Policy Implications

This policy forms part of the City of Wanneroo’s adopted Council Policy Manual and it is within Council’s capacity to confirm, modify or rescind Council policies.

Financial Implications

Revisions to this policy should improve both the efficiency and effectiveness of the City’s consultation with its community. Community consultation and engagement activities are funded from the City’s operating budget as a normal function of delivering programs and services to the community.

Voting Requirements

Simple Majority

Recommendation

That Council APPROVES the revised Community Consultation and Engagement Policy as detailed in Attachment 1, including the International Association for Public Participation Australasia Public Participation Spectrum.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 346

Community Consultation and Engagement Policy

Policy Owner: Community Development

Contact Person: Director Community Development

Date of Approval: 26 April 2006 (GS07-04/06)

POLICY OBJECTIVE

The purpose of this policy is to provide a series of principles to guide consultation processes used by the City to encourage and support community involvement in local government decision-making. All community consultation and engagement is to be undertaken in accordance with the principles of this Policy.

POLICY STATEMENT

Community consultation and engagement enables the City of Wanneroo (the City) to involve the community in its decision-making processes.

It provides elected members and Council staff with the opportunity to:

· listen to the community;

· consider a range of options and develop ideas together; and

· build a shared understanding on an approach.

Consultation ensures that:

· the community is aware of, and involved in, the development and review of policies, plans and services;

· the community’s satisfaction with the City’s policies, plans and services is considered; and

· council is open and accountable in its decision making, resource management and expenditure.

Engagement means:

· Longer term conversations with the community;

· Educating the community; and

· Providing opportunities for feedback.

SCOPE

This policy applies to all City staff who deliver services to the community. The policy provides a framework for how and when the community needs to be informed/engaged about new or revised service provision. This might include anything from new play equipment or bus shelters to market research and public meetings about contentious local issues.

Background

The Community Consultation Policy identifies potential strategies and timeframes for consultation according to the nature of the topic being considered. The public participation spectrum that supports the policy outlines the types of consultation that might be utilised and which of these are most appropriately implemented given the level of impact either across the City or more locally.

CONSULTATION WITH STAKEHOLDERS

This policy acknowledges that there are statutory requirements the City must comply with in consulting with the community about particular issues. This policy encourages an increase in the level and range of methods used in community consultation, in addition to the level required by existing legislative and statutory requirements.

Key Values and Principles

In undertaking any consultation process the City will be committed to the following principles:

· Encouraging participation of people who live, work, visit or support the City of Wanneroo;

· Encouraging broad representation from all population groups within the community to ensure that a diverse range of views are expressed and considered;

· Minimising barriers to participation;

· Clearly stating the purpose and aims of the consultation, and any associated limitations or constraints;

· Ensuring relevant information is readily available and that it is accurate, comprehensive and easy to understand;

· Clearly defining the consultation period and allowing sufficient time and opportunity for the community to participate;

· Listening, responding and providing feedback to participants and the community about how the information gathered through the consultation process was used to inform the decision or outcome; and

· Being efficient, responsible and accountable for each consultation undertaken and the decision made as a result.

Consultation in Practice

The level of community consultation undertaken relates directly to the level of community involvement required. This should always be appropriate to the nature, complexity and impact of the issue, plan or strategy. Where a decision about a particular issue can be delayed to allow time for community consultation this should occur, if it is appropriate.

Any consultation undertaken by the City will be completed before a decision is made. Consultation, and a commitment to community involvement, is not effective, or appropriate, when:

· A final decision has already been made by Council or another agency;

· Council cannot influence a decision to be made by another agency or party; and

· There is insufficient time available to consult, due to legislative, resource or legal constraints.

In these events the City will endeavour to provide information relating to the reasons why Council could not seek community consultation on the issue.

In some circumstances, the City will carry out initial communication and notification procedures for regular services, and may become aware through responses received that the community or key stakeholders have strong views concerning the issue. As a result, further consultation processes may be used to work with the community to resolve the issue(s).

Informing Council

It is important that Council and Elected Members are made aware of consultation occurring within the City. The following applies to community consultation:

· Ward councillors will be invited to attend consultation that impacts on a local community within their ward and provided with any supporting information prior to invitations being made to the community;

· Wider/generic consultation will be identified to Elected Members through Council Forum, Clipboard and the City’s formal diary prior to any meeting or event.

· Consultation activities that are considered critical, that is they have a high level of media interest or potential impact on the City’s operations or finances, will be considered by Council prior to implementation.

Engagement activities will be facilitated by the delivery of key messages to the community using approved media – including but not restricted to newspapers, newsletters and other print materials; the City’s internet pages, e newsletters and other on-line opportunities; media releases; events; displays; and educational opportunities in partnership with other agencies and organisations.

IMPLICATIONS (Financial, Human Resources)

Each service unit that initiates new or revises existing services is required to appropriately budget funds and staff resources to undertake supporting community consultation. Corporate consultation will be facilitated by the Information and Business Improvement Service Unit.

IMPLEMENTATION

The following roles and responsibilities outline how the Community Consultation and Engagement Policy should be implemented in a consistent manner across all aspects of the City’s business. In particular a consultation proposal form must be completed and supported by the appropriate director prior to submission to the Community Consultation Review Panel. Once endorsed, agreed strategies should be implemented promptly and the results reported to Council, where required.

ROLES and RESPONSIBILITIES

Community Consultation Review Panel

To ensure that each consultation process is appropriate to the type of decision to be made, and the people that will be affected, a consultation strategy for each consultation will be developed and presented to the Community Consultation Review Panel.

The Community Consultation Review Panel will consist of:

· The Chief Executive Officer, or nominated representative

· The Directors of each City Directorate, or their nominated representatives

The Community Consultation Review Panel will be responsible for:

· assessing and endorsing each proposed community consultation process;

· providing advice to enhance consultation outcomes if appropriate; and

· reviewing evaluation reports from previous consultations.

DISPUTE RESOLUTION

All disputes in regard to this policy will be referred to the appropriate Director in the first instance. In the event that an agreement cannot be reached, the matter will be submitted to the Chief Executive Officer for a ruling.

WHO NEEDS TO KNOW about THIS POLICY?

All City of Wanneroo elected members and officers need to be aware of this policy and able to interpret and implement its requirements.

EVALUATION and Review Provisions

To assist the City in using the most effective ways to consult the community, this policy provides for the review of consultation processes utilising a variety of methods including:

· Market research to identify preferred methods of providing information and receiving feedback from the community – conducted on a biennial basis;

· Seeking feedback from participants during and after consultation about the strategies and processes used; and

· Staff evaluation of consultation strategies, which is then submitted to the Community Consultation Review Panel after each consultation is completed.

The Community Consultation Policy will be reviewed every three (3) years.

DEFINITIONS

DEFINITIONS: Any definitions listed in the following table apply to this document only.

Community Consultation

The term 'community consultation' covers the range of activities that the City utilises to support the involvement of residents, businesses, stakeholders and other community members in decision-making processes.

These processes include the following five levels of community participation:

· Inform

· Consult

· Involve

· Collaborate

· Empower

Engagement

The term Engagement covers the dissemination of key messages to the community to facilitate a long term, two way conversation about the future of the City of Wanneroo. It will also include educational opportunities and participation in decision-making processes.

RELEVANT POLICIES/MANAGEMENT PROCEDURES/DOCUMENTS OR DELEGATIONS

Community Consultation and Engagement Guidelines and Practice Notes – currently under review.

REFERENCES

Public Participation Spectrum

The Public Participation Spectrum forms an attachment to this policy. The Spectrum aims to provide staff with a guide as to when, and how, to consult with the community in different situations.

RESPONSIBILITY FOR IMPLEMENTATION

DIRECTOR COMMUNITY DEVELOPMENT

Version	Next Review	Record No:
	April 2008	501131
2	February 2014	10/64025

ATTACHMENT - A

Corporate Strategy & Performance

Finance

CS01-04/11 Financial Activity Statement for the Period Ended 28 February 2011

File Ref: 2408 – 11/27986

Responsible Officer: Director, Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider the Financial Activity Statement for the period ended 28 February.

Background

Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity, presented according to nature and type, by program, or by business unit. Administration has opted to present the statement of financial activity by nature and type and in a similar format to that presented in the 2010/2011 Annual Budget. This format separates Revenue and Expenses from Other Revenue and Expenses and provides improved disclosure of City’s underlying Operating Result.

The Financial Activity Statement is in the form of an Income Statement, which compares year to date actual income and expenses with the year to date budget, shows variances and the adopted and revised budgets (if any). It is accompanied by a Balance Sheet together with information relating to Capital Projects, an Investment Portfolio Summary, Statement of Net Current Assets and Rate Setting Statement.

In addition to the above, Regulation 34(5) of the Local Government (Financial Management) Regulations 1996 requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2010/2011 financial year Council has adopted 10% for the reporting of variances, which is in line with previous years.

In accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996, a local government is to carry out a review of its Annual Budget for that year between 1 January and 31 March in each year. Council is to consider the review submitted to it and is to determine whether or not to adopt the review, any part of the review or any recommendations made in the review. Hence, the 2010/11 Mid Year Budget Review was considered and adopted by Council at its meeting of 8 March 2011, with financial information subsequently updated and reflected under the Revised Budget figures.

Detail

The Financial Activity Statement and February year to date financial performances of the City are detailed in Attachments 1, 2, 3, and 4.

Consultation

Nil

Comment

The commentaries on variances to budgets in the Financial Activity Statement for the period ended 28 February 2011 are provided below:

Income Statement (Refer to Attachment 1)

Net Result $ million

Year to Date Actual 47.275

Year to Date Revised Budget 42.221

Year to Date Variance 5.053 (+12%)

Full Year Adopted Budget 33.062

Full Year Revised Budget 54.531

The following information is provided on key aspects of the year to date financial results:

Revenues $ million

Year to Date Actual 110.648

Year to Date Revised Budget 109.023

Year to Date Variance 1.625 (+1%)

Full Year Adopted Budget 121.694

Full Year Revised Budget 125.176

Interest Earnings

The value recorded from Interest Earnings is dependent on the level of investment funds available, prevailing interest rates and the ability to closely monitor and manage. February year to date interest earnings amounts to $5.511 million recording approximately $0.8 million bi-annual coupon payments on the City’s Bonds portfolio. A substantial favourable variance of $0.776 million (+16%) comparing to year-to date budget is reflected.

Reserve Bank of Australia (RBA) meeting March 2011 had decided to put cash rate on hold at 4.75%. The decision to keep the official cash rate on hold met the expectation of financial markets, being:

· Inflation is under control, and

· Flooding in Queensland and Victoria will have a temporary adverse effect on economic activity and prices.

It is unlikely the RBA will move interest rates in the following months as the floods have increased uncertainty and until RBA receives some post-floods data they will not rush with the decision. RBA Governor Glenn Stevens’ commentary in relation to the current monetary policy on 1 March further reinforced that a rate rise is not expected for the first half of 2011. Whilst internationally, there have been major events of a political and environmental nature that are having an impact on the wider economy, at this stage they are seen as temporary influences and not likely to stall the recovery being experienced across most markets.

The City will continue a “cautiously optimistic” prudent investment strategy throughout the year and has projected a full year forecast of $7.102 million, which is $1.720 million (+32%) better than the adopted budget.

Other Revenue

The Other Revenue category shows a favourable year to date variance to Budget of $0.339 million (+12%), mainly due to sales of commodity products at the Wangara Recycling Facility being ahead of budget by $0.559 million (+24%) however offset by non-receipt of royalty income year to date budget of $0.200 million.

The value of commodities has risen over the past six months through the strong Australian dollar and the world market paying more for products such as newspaper and mixed plastic. With a new commodity pricing round starting in March 2011, it is anticipated that our income from sales of commodity products will increase to $3.431 million by 30 June 2011, hence the overall Other Revenue will be better than the Adopted Budget by $1.035 million (+32%).

The full year budget of $0.300 million for royalty income is for sale of sand associated with the excavation of the boundary of the City’s Lot 15 Motivation Drive. It is expected that this income will be received this financial year.

Expenses $ million

Year to Date Actual -76.012

Year to Date Revised Budget -81.229

Year to Date Variance 5.217 (+6%)

Full Year Adopted Budget -123.713

Full Year Revised Budget -122.309

Materials and Contracts

Overall, the year to date expenses is below budget by $2.490 million (+10%), which is mainly due to the favourable variances reflected under Fuel Expenses of $0.159 million, Material Expenses of $0.441 million, Contract Expenses of $0.936 million and Refuse Removal Expenses of $0.736 million. Of these accounts, through the Mid Year review, reductions are reflected to end of year forecasts for Contract Expenses (reduced by $0.239 million) and Materials Expenses (reduced by $0.065 million).

Utility Charges (electricity, gas, water etc)

Utilities are currently under budget to the value of $0.456 million (+13%), which is primarily due to the timing of the Street Lighting bills. The outcome of analysis by Units at Mid Year Review presents an overall minor increase expected by year-end of $0.022 million.

Other Revenue and Expenses $ million

(Excluding Contributions of Physical Assets)

Year to Date Actual 12.640

Year to Date Revised Budget 14.428

Year to Date Variance -1.788 (-12%)

Full Year Adopted Budget 5.080

Full Year Revised Budget 21.664

Non-Operating Grants, Subsidies and Contributions

It is worth noting that $3.526 million unbudgeted income was received from Newgen Power Neerabup in November 2011. The Newgen payment is an Infrastructure contribution, which will be restricted and therefore does not represent an improvement to the City’s Operating position.

To the end of February the City had received $7.407 million towards Non-Operating Grants, Subsidies and Contributions, which is predominantly tied to the progress of capital projects and represents an unfavourable variance of -$1.718 million (-19%) when compared to year to date Budget. In most cases funds will be received upon completion or part completion of works, of which the exact timing is not necessarily known. It should be noted however that where projects are unable or unlikely to be completed by the current year end, their budgets may be requested to be carried forward to the following financial year. Assessments of these cases will be made over the coming months.

Town Planning Schemes (TPS)

TPS Revenue is dependent on Developers and as at 28 February the amount received by the City equates to $9.076 million, which is +1% above Budget. This however will not affect operations as funds received in this category are held separately in restricted reserve accounts for future Scheme use.

With TPS Expenses, some costs have been recorded year to date, which are $2.328 million (+38%) below Budget. These expenditures will relate to specific costs and land purchases within the Scheme location, which can only be allocated for particular Scheme purposes and where unspent, will be carried forward to future years.

During the mid year review process, it was noted that work progress in various scheme location is substantially slower than anticipated hence Administration has revised down the full year expenses to $9.225 million.

On the revenue stream, $0.226 million unbudgeted contribution money to Neerabup Structure Plan in relation to Flynn Drive construction was recorded and contribution for East Wanneroo - Cell 8 is forecast to increase by $1.802 million. However, the contribution money expected for East Wanneroo- Cell 1 was reduced to $0.491 million from original budget of $2.285 million as subdivision activities is deferred to next year.

Profit/ (Loss) on Asset Disposals

The Profit and Loss on Asset Disposals relates in part to the turnover of plant and fleet items and also relating to land sales. Plant and fleet activities within this area to February are steadily progressing, with a significant land sale to Western Power for the Neerabup Substation expected by March 2011. Approximately $4.300 million should be received from this sale, which is pending the finalisation of conditions set by the Western Australia Planning Commission (WAPC) of specific earthworks and drainage that are currently underway. Year to date variances to Budget of - $2.971 million (-95%) and +$0.472 million (+80%) are respectively reflected for Profits and Losses on Asset Disposals.

The recent Mid Year Review has reduced Profit on Assets Disposals by $2.000 million as Lot 12 Fowley Loop budgeted sale will not take place this year. However, the sale to Western Power is still expected to proceed to settlement this financial year.

Loss on Financial Assets Disposals

As recommended by the City’s financial advisor, Oakvale Capital Limited, the City has sold $10 million (face value) National Australia Bank (NAB) March 2012 Government Guaranteed bond. The sale reflected a face value loss of $44,800, however, counting the coupon interest earned and the potential higher interest to be earned from reinvesting the bond proceeds to term deposits, the comparable accumulated return will exceed the proceeds of the bond.

Contributions of Physical Assets $ million

Year to Date Actual 0.000

Year to Date Budget 0.000

Year to Date Variance 0.000 (0%)

Full Year Adopted Budget 30.000

Full Year Revised Budget 30.000

Each year Developers hand over physical assets (such as parklands) to the City, for its ongoing management and control. These assets can be of considerable value, however accurate costing are not available at this early stage of the financial year due to the extensive calculations required, based on the compilation of substantial information to be provided from Developers. It should be noted that variations on the amounts of contributions of physical assets comparing to budget has no direct impact to the City’s current financial year.

Balance Sheet (Refer to Attachment 2)

Capital Works Program

The current status of the Capital Works Program as of 28 February 2011 is summarised below, by Program Category: -

Program Category Description	Annual Revised Budget $ million	Year to date Actual $ million	Commitments $ million
Community	5.175	2.595	0.790
Conservation	0.203	0.057	0.045
Corporate	6.753	2.154	1.530
Drainage	0.490	0.244	0.030
Investment	4.666	0.510	0.017
Recreation and Sport	13.194	5.091	2.299
Transport	47.024	11.567	7.636
Waste Management	5.223	0.000	1.344
Total	82.727	22.218	13.691

The table above notes a total Annual Revised Budget for the Capital Works Program as $82.727 million. This figure is inclusive of all adjustments to the Original Adopted Budget as endorsed by Council, of which an overall reduction of $3.454 million was identified through the recently adopted Mid Year Budget Review. To further expand on the Capital Works Program information above, key projects are selected to be reported on, on a regular basis, which are listed in the table below:

Project Description	Annual Budget $ million	Year to Date Actual $ million	Commitments $ million	Status Comment
Ocean Reef Road Wangara	12.986	0.181	1.389	Stage 2 designs complete with tender for works to be considered at March meeting.
Pinjar Road Ashby	8.019	2.641	1.389	In progress.
Flynn Drive Neerabup	6.226	0.000	0.000	Council deferred construction of Flynn Drive at its November 2010 meeting.
Mirrabooka Avenue Landsdale	4.5000	3.265	1.343	In progress.
Kingsway Regional Sporting Complex	4.000	2.913	1.001	In progress.
Neerabup Industrial Estate	3.250	0.396	0.001	Delayed due to environmental issues, resulting in some works to be carried forward to 2011/2012.
Hepburn Avenue Alexander Heights	3.500	0.909	1.722	In progress.
Light Plant Replacement	3.167	0.674	0.803	In progress.
Waste Management Plant Replacement	1.542	0.000	0.965	In progress. Budget reduced due to unsuccessful Joondalup tender.
Kingsway Netball Facilities	1.793	0.660	0.218	In progress.
Joondalup Drive Pedestrian Improvements Banksia Grove	1.728	0.741	0.918	In progress.
Lenore Road Realignment Wanneroo	1.250	0.000	0.000	To be carried forward to 2011/2012 due to delay in land availability.
New Vehicle Purchases	0.520	0.000	0.010	In progress. Budget reduced due to unsuccessful Joondalup tender.
Wanneroo Showgrounds Clubrooms	1.500	1.174	0.326	In progress.
Joondalup Drive Carramar	2.094	0.009	0.201	In progress. State govt funding brought forward to fast track works.

Investment Portfolio Summary (Refer to Attachment 3)

Global output grew strongly in 2010, notwithstanding the relatively subdued performance of several of the major economies. The Chinese and Indian economies in particular have recorded very strong expansions, and price pressures, particularly for food and raw materials, have picked up. Concerns about sovereign creditworthiness in Europe have remained prominent and uncertainty from this source seems likely to persist for some time. Overall, however, the global economy continues to look strong going into 2011. Commodity prices have remained high and in many instances have risen further over recent months. Within Australia, the flooding in Queensland and Victoria is having a temporary adverse effect on economic activity and prices. Some production of crops and resources has been lost and some other forms of economic output have also been lower in the affected areas.

In accordance with a recent review of the City’s investment strategy, Council endorsed the City to continue maintaining a “cautiously optimistic” approach to its investments to ensure full protection of the City’s financial assets. As such, the City will only invest in government guaranteed products or short to medium term deposits with major banks during the present economic climate.

As at 28 February 2011, the City holds an investment portfolio (cash and cash equivalents) of $198,218,264. Interest Earnings were budgeted at 5% yield. The average yield for the past 12 months for the City’s portfolio is 5.79% while benchmark return annualized reflects 4.95% (UBS Warburg AUD Bank Bill Index).

Rate Setting Statement (Refer to Attachment 4)

The Rate Setting Statement outlined in Attachment 4 represents a composite view of the finances of the City, identifying the movement in the surplus/(deficit), primarily based on the operations and capital works revenue and expenditure, and resulting rating income required.

Overall Comment

Council has endorsed the City’s Mid Year Budget Review in its 8 March 2011 meeting and accordingly, the resulting Budget amendments required for Operating and Non Operating as well as Capital Works Program, are now incorporated into the financials, which are reflected as the “Revised Budget”.

The Operating Result for the City to February month end presents an overall favourable variance of +25% (+$6.841 million) to year to date budget. Operating income continues to be ahead of year to date budget by 1% ($1.625 million), with a majority of the variance resulting from Interest Earnings (+$0.776 million/+16%) and Commodity Sales from the Wangara Recycling Facility (+$0.559 million/+24%), offset by below budget Fees and Charges
(-$0.944 million/-6%). Expenditures from operations also present a favourable variance to year to date budget of +6% (+$5.217 million). Activities in the capital program are progressing as expected with year to date expenditures of $22.218 million incurred with an additional $13.691 million reflected as Commitments.

With the encouraging financial data presented in the recent Mid Year Budget Review, Administration is confident of delivering positive results come year end. Particular attention will be directed to the close monitoring financial data over the coming months, to ensure end of year results provide the organisation with a positive platform when moving into the 2011/2012 financial year.

Statutory Compliance

This monthly financial report complies with Section 6.4 of the Local Government Act 1995 and Regulations 33A and 34 of the Local Government (Financial Management) Regulations 1996.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.6 Provide and maintain a high standard of governance and accountability”

Policy Implications

Nil

Financial Implications

As outlined above and detailed in Attachments 1, 2, 3 and 4

Voting Requirements

Simple Majority

Recommendation

That Council RECEIVES the Financial Activity Statements and commentaries on variances to Revised Budget for the period ended 28 February 2011, consisting of:

· Annual Original and Revised Budgets,

· Revised Budget figures being inclusive of results of the Mid Year Budget Review

· February 2011 Year to Date Revised Budget,

· February 2011 Year to Date Income and Expenditures,

· February 2011 Year to Date Material Variance Notes, and

· February 2011 Year to Date Net Current Assets;

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 365

CS02-04/11 Budget Workshop 1 - Capital Budget 2011/12

File Ref: 4113 – 11/30596

Responsible Officer: Director, Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider key issues to guide the development of the 2011/12 Budget.

Background

The 2011/12 Budget is scheduled to be presented for final adoption at the Special Council meeting on Friday 3 June 2011, however it is good practice to progressively present a report to Council for consideration of key strategic elements in the budget development process. The subsequent guidance provided to Administration will ensure that the budget development progresses smoothly and in a very transparent manner.

This process commenced with a report dealing with Budget Principles and Parameters 2011/12 (CS01-03/11) considered by Council on 8 March 2011. As a result, the following resolution was adopted:

“That COUNCIL:

1. REAFFIRMS its Budget Principles adopted in 2010 to guide the Annual Budget Development Process for 2011/2012 and review of the 10 Year Strategic Financial Management Plan 2011/2012 to 2020/2021, being -

a) The budget shall be prepared consistent with the Best Practice Rating Strategy as detailed in the PWC report;

b) The aim is to achieve a ‘balanced’ operating budget (Improved actual performance will enhance the closing position);

c) Extraordinary income (such as proceeds from sale of land) shall not be used as a source of funds in the same financial year as it is proposed to be received. (Funds will be deposited in a Reserve to be called on in subsequent years);

d) The budgeted income for Investments shall be based on an average market return as measured against the UBS Warburg 90 Day Bank Bill Index and/or the Cash Rate (unless a higher level is certain);

e) The rate setting strategy for the next ten financial years be based on a rate in the dollar increase of CPI plus 3-6% as supported by the Price Waterhouse Coopers report “Western Australian Local Government Association Rate setting processes, funding amenity and service sustainability of WA outer metropolitan growth councils”;

f) The adoption of the ‘expenditure by category’ table to reflect the Municipal funding capacity;

g) Explore opportunities to increase the level of commercial return from Facilities through broadening the range of products and services provided; and

h) In developing each successive annual budget, opportunities will be explored to achieve operational efficiencies across the organisation.”

The 2011/12 Budget timetable includes the following Budget Workshops with Elected Members:

· Budget Workshop 1 – Tuesday 22 March 2011

· Budget Workshop 2 – Tuesday 12 April 2011

· Budget Workshop 3 – Tuesday 17 May 2011

Detail

On Tuesday 22 March 2011, Budget Workshop 1 was held with Elected Members. Administration provided detailed budget documentation, which addressed the following areas:

Budget Environment Commentary

This section plotted the progress since 2009, noting the following:

· In May 2009 the Reserve Bank of Australia released its Statement of Economic Policy. The statement outlined the RBA’s analysis of the economy, progress of the recession and forecasted economic outlook. Generally it reflected cautious optimism on the progress and impact of the Global Financial Crisis (GFC) on the Australian economy, but stressed that recovery will be gradual and could be set back by further stress in the financial markets. It was within this context that the 2009/10 Budget and 10 Year Financial Plan was developed, recognising a reduction in activity and flow on impact to the City’s income generating capacity.

· In 2009/10, the Australian economy proved to be resilient and managed to avoid a technical recession whilst many other developed countries around the world suffered significantly. Locally, despite the uncertain economic environment, the City substantially outperformed its budgeted position, delivering an improvement in the Operating Result.

· When developing the budget for 2010/11, the national and global economic environment was again scrutinised. It was noted that the Governor of the RBA made the following statement on 2 March 2010 when advising of the Board’s decision to raise the official cash rate:

“Global financial markets are functioning much better than they were a year ago and the extraordinary support from governments and central banks is gradually being wound back. Credit conditions remain difficult in some major countries as banks continue to face loan losses associated with the period of economic weakness. Concerns regarding some sovereigns remain elevated.

In Australia, economic conditions in 2009 were stronger than expected, after a mild downturn a year ago. The rate of unemployment appears to have peaked at a much lower level than earlier expected. Labour market data and a range of business surveys suggest growth in the economy may have already been at or close to trend for a few months.

Inflation has, as expected, declined in underlying terms from its peak in 2008, helped by the fall in commodity prices at the end of 2008, a noticeable slowing in private-sector labour costs during 2009, the rise in the exchange rate and the earlier period of slower growth in demand. CPI inflation has risen somewhat recently as temporary factors that had been holding it to unusually low rates is now abating. Inflation is expected to be consistent with the target in 2010.

The Board judges that with growth likely to be close to trend and inflation close to target over the coming year, it is appropriate for interest rates to be closer to average. Today’s decision is a further step in that process.”

· Whilst there were signs of recovery, both internationally and nationally, caution was generally being recommended. Despite confidence returning and a potential recovery, that might have an impact on growth, this in itself was unlikely to change the underlying performance of the City in the short term. It was within this context that the 2010/11 Budget was developed and 10 Year Financial Plan was reviewed and revised. As with the previous year, it recognised another year of subdued activity and flow through impact to the City’s income generating capacity.

· On 1 March 2011, RBA’s Board decided to leave the cash rate unchanged at 4.75 per cent. The Governor Glenn Stevens made the following commentary in relation to the current monetary policy:

“The global economy is continuing its expansion, led by very strong growth in the Asian region. Commodity prices have risen further over recent months, pushing up measures of consumer price inflation in many countries. A number of countries have been moving to tighten their monetary policy settings. Overall, though, financial conditions for the global economy remain accommodative.

Australia's terms of trade are at their highest level since the early 1950s and national income is growing strongly. Private investment is picking up, mainly in the resources sector, in response to high levels of commodity prices. In the household sector thus far, in contrast, there continues to be caution in spending and borrowing, and a higher rate of saving out of current income. The effects of the natural disasters over the summer have reduced output, but production levels should recover over the months ahead, and there will be a mild boost to demand from the rebuilding efforts as they get under way.

Inflation is consistent with the medium-term objective of monetary policy, having declined significantly from its peak in 2008. These moderate outcomes are being assisted by the high level of the exchange rate, the earlier decline in wages growth and strong competition in some key markets, which have worked to offset large rises in utilities prices. Production losses due to weather are temporarily raising prices for some agricultural produce, but these should fall back later in the year. Overall, looking through these temporary effects, the Bank expects that inflation over the year ahead will continue to be consistent with the 2–3 per cent target.

At today's meeting, the Board judged that the current mildly restrictive stance of monetary policy remained appropriate in view of the general macroeconomic outlook.”

· Whilst internationally, there have been major events of a political and environmental nature that are having an impact on the wider economy, at this stage they are seen as a temporary influence and not likely to stall the recovery being experienced across most markets.

· Locally, the City has recently finalised the Mid Year Budget Review for 2010/11, which was adopted at the 8 March 2011 Council meeting (CS02-03/11). In terms of the City’s normal operations, it is indicatively reflecting a substantial improvement to the forecast Operating Result. The Capital Works Program was reduced by $3.453 million, which primarily equates to a reduction in Reserves drawdown and therefore remains as a funding opportunity for the revised 10 Year Capital Works Program. Overall, it is anticipated that based on the improvements forecast, the end of year position will provide for a stronger Reserve position to be carried forward to 2011/12.

Current Performance – Growth and Statistics

At Wanneroo, the following Growth areas are materially relevant:

1. Growth in the overall number of “Created Lots” which translates to rateable properties. For the first six months, the City experienced approximately 3% increase in Lots, which equates to an annualised growth rate of approximately 6% (3200 Lots).

2. Growth in the number of “Developed Lots”, that is Lots with a completed dwelling. Recent review reflects a 2.7% increase over the preceding six months, which equates to an annualised growth of 5.4% (2900 homes).

3. Growth in population drives the demand on infrastructure and services. There is a direct link between Developed Lots and resident population, therefore it is estimated that the City’s population will grow by approximately 5.2% during 2010/11. Assuming this growth trend continues, the City’s population is forecasted to be in the vicinity of 160,000 by June 2011 and 168,000 by June 2012.

The Perth CPI increase to December 2010 was a little below expectations and has been influenced by a high Australian dollar positively affecting import prices, which has offset other more staple household expenses. However, it is anticipated that once the floods have been factored into future quarters, a return to CPI in the order of 3% is feasible.

SUMMARY OF GROWTH FACTORS
	BUDGET	CURRENT	FORECAST
Created Lots	4%	5%	5%
Developed Lots	4%	5%	5%
Roads	5%	5%	5%
CPI	2.5%	2.6%	3%

The previous Table demonstrates that despite the GFC, there was still reasonable activity in the land development sector, which has a flow on impact to the City. Importantly, the growth factors employed in the 2010/11 Budget closely align to the actual performance to date.

Draft 10 Year Capital Works Program (2011/12 – 2020/21)

In June 2010, Council adopted the 2010/11 Annual Budget, incorporating the 10 Year Capital Works Program (2010/11 – 2019/20). In preparing for the 2011/12 Budget, it is necessary to review the 10 Year Capital Works Program to verify priorities, costing, funding opportunities and also to add the new year 10 (2020/21). Accordingly, the Draft 10 Year Capital Works Program 2011/12 – 2020/21 as presented to Budget Workshop 1 provided for a total of $349 million to be expended on projects over the next 10 years, averaging $35 million each year.

In respect to Year 1, being 2011/12, the draft included a total of $35 million, which reflects a reduction of $10.8 million on what was previously indicated in the adopted 10 Year Capital Works Program. A list of major amendments to the Program was provided (see Attachment 1), which identified specific projects that have been adjusted within the 10 Year Program. Importantly, the Budget Principle of ‘renew before new’ is reflected in the figures depicted in the following table and throughout the 10 Year Program:

In considering the funding requirements identified in the Draft 2011/12 Capital Works Program, a number of important issues were identified:

1. Sufficient Municipal funding is anticipated to be available, however as noted previously, adjustments are required to the Expenditure by Category table to increase the proportion to meet the ‘Upgrade’ component of the works program;

2. In some instances, where Grant funding is being sourced, Council will need to define during the budget adoption process as to whether the project will progress regardless of whether grant funding applications are successful or not; and

3. Adjustments have been made to the Loan Funded projects, which will need to be formally endorsed by Council during the budget adoption.

New Strategic Initiatives

Whilst the 10 Year Financial Plan has a 3% growth factor built in, that primarily addresses the ‘organic’ growth of the organisation to match growth-based demand, there are times when Council may wish to vary its standards or introduce new services. Funding is provided for this within the Expenditure by Category table. A total of 8 initiatives were presented at Budget Workshop 1, as detailed below:

· Development of Strategic Community Plan and Corporate Plan

· Additional Focus on Compliance – Regulatory Services

· Planning Implementation compliance Officers

· Development of an Integrated Customer Centre

· Verge Litter and Verge Illegal Dumping Collection

· Community Safety Patrol & Ranger Service Model

· Bulk Diesel Fuel Tanks at Ashby Operations Centre

· Short-Term Administration Accommodation & Long-Term Administration Accommodation & Local Government Boundaries

The demand for the Initiatives can be broken down into the following categories:

· Five initiatives relate to proposals for Council to consider strategically increasing service standards, which could be termed discretionary services;

· one being a long term cost efficiency proposal;

· one being a strategic initiative supported by proposed changes to Regulations; and

· the final initiative seeks to inform Council on a strategy to meet the short and long term workforce requirements of the City.

In these instances, the Expenditure by Category table provides a funding opportunity through the Operational Growth and Discretionary categories. The Municipal funding demand arising from the above initiatives is in the vicinity of $1.7 million, including Capital and Operating requirements with one project potentially funded from Reserves, which could reduce the Municipal requirements to $1.3 million if deemed necessary.

The New Initiatives will be further reviewed at Workshop 3, once the preliminary Operating Budget has been reviewed at Workshop 2.

Elected Member Requests

A list of projects/works requested by Elected Members was presented at Budget Workshop 1 with relevant Administration comments. Further investigation will be undertaken on a number of items with additional information provided and funding implications presented at Budget Workshop 3.

Budget Principles

As with the current budget, the development of the 2011/12 Annual Budget and review of the 10 Year Strategic Financial Management Plan will be guided by the adopted Budget Principles.

As guided by the Local Government Act and further supported by the WALGA SSS report and the Department's Accounting Manual, best practice financial management must aim for a balanced budget with major annual municipal funding for Capital Works equating to the annual Depreciation figure (a non cash expenditure item).

Following the above said compliance requirement, the original strategic principle of "Expenditure by Category" (Budget Principle (f)) was developed in 2009 based on the Depreciation budget of $22 million for 2009/10. The City's Depreciation expenses increase by approximately 10% annually, hence the latest funding model can be adjusted by +20% projecting the Municipal funding capacity to be in the vicinity of $26.4 million for 2011/12.

When developing the “Expenditure by Category” funding model in 2009, the following circumstances prevailed:

1. The City had in recent years undertaken substantial new infrastructure projects, for example: Construct Wanneroo Library and Cultural Centre, Redevelop Wanneroo Townsite and commencement of the Upgrade Kingsway Regional Sporting Complex.

2. In accordance with the Council resolution of IN02-03/09 Infrastructure Asset Management Renewal Gap Analysis, Council endorsed the concept of “Renew before New” for the development of the draft 10 Year Capital Works Program providing an annual budget averaged at $6 million for the first 5 years.

3. International economy was gloomy. The City’s 10 Year Financial Plan projected a shrinking revenue environment for the first 5 years and Budget parameters were guided by low CPI (1.5-2.5%), low growth (around 4%) and low interest rate (2-3%) predictions. Hence it was considered that Operational Growth and Discretionary (non assets) expenditures would most probably be required to be funded by Depreciation components instead of additional Operating revenues.

The constraint imposed by the ‘Expenditure by Category’ funding model was particularly relevant at the time and essential to promote a more financially sustainable position, particularly to prioritise the funding for the ‘renew before new’ principle and establish a repayment plan for the City’s $60m loan borrowing.

In incrementing the overall funding level to reflect the level of depreciation linked to asset growth, there is merit in reassessing the distribution within the model.

The draft 2011/12 Capital Works Budget has been revised down to $35.1 million, with a Municipal funding requirement of $15.1 million. The Municipal funding for Year 1 can be accommodated by the following adjustment to the Expenditure by Category model.

Consultation

The Draft 2011/12 Capital Works Program and related 10 Year Capital Works Plan was presented at Budget Workshop 1 on Tuesday 22 March 2011.

Comment

The adoption of Budget Principles and application of prudent budget practices has enabled the City to improve its financial sustainability even through a period of financial instability.

As an appropriately conservative approach has been taken in the budget development over recent budgets, the City’s current performance is reflecting an improvement, essentially due to the better than anticipated performance of the local economy, impacting positively on income and significant constraint being exercised by Administration across operational expenditure areas.

Whilst the full financial position will not ultimately be known until Budget Workshop 3, Administration is confident that normal operational growth for 2011/12 can be sustained and that the funding requirements for the Capital Works Program and New Initiatives is within expectations and can be achieved consistent with the Budget Principles.

Whilst the budget development process relies on effective communication throughout the Budget Workshop process, it is recognised that those forums have limited capacity and therefore periodic review by Council is prudent to provide formal guidance to Administration and demonstrate open and transparent governance.

Following each of the Workshops, reports will therefore be presented to Council for consideration and support for the ongoing budget development, prior to the Special Council meeting.

Statutory Compliance

The Budget development process will be undertaken in strict compliance with the Local Government Act and relevant accounting standards.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.4 Maintain long-term financial stability”.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the following in respect to the Draft 10 Year Capital Works Program as presented at Budget Workshop 1:

a) 2011/12 Capital Budget projects a total expenditure of $35.1 million (subject to further adjustment) with a Municipal funding requirement of $15.1 million;

b) The new Strategic Initiatives will now be incorporated into the Draft Operating Budget and Draft Capital Works Budget for presentation at Budget Workshop 2 and 3; and

c) Items raised for further review during Budget Workshop 1 will be presented at Budget Workshop 3.

2. SUPPORTS amending the Expenditure by Category table to increase the proportion of funding to the ‘Asset Upgrade’ category by reducing the ‘Discretionary’ category as detailed below:

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 376

Governance and Executive Services

CS03-04/11 Donations to be Considered by Council - April 2011

File Ref: 3626 – 11/27493

Responsible Officer: Director, Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider requests for sponsorships, donations and waiver of fees in accordance with the City’s Donations, Sponsorships and Waiver of Fees and Charges Policy.

Background

The Donations, Sponsorships and Waiver of Fees and Charges Policy requires applications over $500 from individuals and organisations to be determined by Council. Consequently a report is prepared for Council meetings, coinciding with a period where applications of this nature have been received.

With respect to requests for sponsorships, the City’s Policy specifies that for National Events the amount provided will be $200.00 per individual, capped at $600.00 per team, and for International Events the amount provided is $500.00 per individual with no capped amount.

Detail

During this period, the City has received one sponsorship request, one community donation request and no requests for a waiver of fees and charges, which are summarised as follows. Copies of the full applications are available from Governance upon request.

Comment

Council’s attention is drawn to the fact that of the $95,000 allocated to Sponsorships, Donations and Waiver of Fees and Charges in the 2010/11 Budget, ($20,000 of which was added at the 8 February 2011 Ordinary Council Meeting and $15,000 at the 8 March 2011 Ordinary Council Meeting) a total of $70,708.85 has already been expended, leaving $24,291.15 to cover all further requests that may be received prior to 30 June 2011.

Sponsorship Donations

Applicant 1 – School Sport WA
Name of Individual/s	Alicia Buchanan, Kimberley Hallett and Zack Gray
Reside in City of Wanneroo 18years of age or under	Yes Yes
Event Details	National Schools Triathlon Championships, 29 March to 1 April 2011, Redcliffe QLD
Commitment to providing a written report regarding the event	Yes
Commitment to acknowledgement of the City of Wanneroo	Yes
Eligibility Level	National - $200 per individual, capped at $600 per team.
Comments	The application is in accordance with Council’s policy.
Recommendation	APPROVE a request for sponsorship in the sum of $600.00 to School Sport WA for the participation of Alicia Buchanan, Kimberley Hallett and Zack Gray in the National Schools Triathlon Championships to be held from 29 March to 1 April 2011, in Redcliffe QLD

Community Group Donations

Applicant 1 – Shuhari Karate
Request amount	$340.00
Description of request	50% Waiver of fees for the hire of the Phil Renkin Centre for a martial arts demonstration by Kobudo Masters from Okinawa, Japan from 23-28 February 2011.
Criteria	Evaluation
Potential for income generation	Nil
Status of applicant organisation	Community commercial group
Exclusivity of the event or project	Open to the public
Alignment with Council’s existing philosophies, values and strategic direction	Objective 2.2 – Improve the City’s identity and community well-being through arts, culture, leisure and recreation. Objective 3.2 – Support business and initiatives.
Alternative funding sources available or accessed by the organisation	Nil
Contribution to the event or activity made by the applicant or organisation	$341.00
Previous funding assistance provided to the organisation by the City	Nil
Commitment to acknowledge the City of Wanneroo	Yes
Comments	This group offers karate and kobudo training at community centres in Yanchep, Butler and Carramar at a third of the price of commercial clubs. Whilst it is still a commercial enterprise, it does make this training more affordable for City of Wanneroo residents that may not otherwise be able to afford to send their children to learn karate. The visit by Japanese Masters is a unique and free opportunity for residents that Council may wish to support.
Recommendation	NOT APPROVE a 50% waiver of fees of $340.00 for the hire of the Phil Renkin Centre for a martial arts demonstration by Kobudo Masters from Okinawa, Japan from 23-28 February 2011.
Reason	This request does not satisfy the criteria of the policy.

Statutory Compliance

Nil

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“2 Social

2.2 Improve the City’s identity and community well-being through arts, culture, leisure and recreation”

“3. Economic

3.2 Support business and initiatives.”

Policy Implications

The City of Wanneroo Donations, Sponsorship and Waiver of Fees and Charges Policy states that sponsorship applications for attendance at National Events will be capped at $600.00 per team and Regional or State capped at $600 per club.

Financial Implications

Budget 2010/2011		$95 000.00
Amount expended to date (as at 15 March 2011)		$70,708.85
Balance		$24,291.15
Total of requests for this round: Donations (in this report): Total this Round	$600.00	$600.00
CARRY FORWARD		$23,691.15

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. APPROVE a request for sponsorship in the sum of $600.00 to School Sport WA for the participation of Alicia Buchanan, Kimberley Hallett and Zack Gray in the National Schools Triathlon Championships to be held from 29 March to 1 April 2011, in Redcliffe QLD; and

2. NOT APPROVE a 50% waiver of fees of $340.00 for the hire of the Phil Renkin Centre for a martial arts demonstration by Kobudo Masters from Okinawa, Japan from 23-28 February 2011.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 382

~~Certificate of~~ Recognition – Elected Members

Policy Owner: Governance and Executive Services

Contact Person: Coordinator Governance and Executive Services

Date of Approval: 20 June 2004 (CE01-07/04)

POLICY OBJECTIVE

The purpose of this policy is to specify the circumstances in which to acknowledge the services of current or retiring elected members so that they are appropriately recognised for their contributions.

POLICY STATEMENT

In order to enable the City to appropriately recognise elected members, the following is presented:

Department of Local Government Certificates of Recognition

· A certificate of recognition will be awarded to a current or former elected member, on request to the Department of Local Government ~~and Regional Development~~, after eight or more years of service and which has been confirmed by the local government;

· The service need not be continuous and may be with one or more local governments;

· If an elected member, having been issued with a Certificate, has further service that qualifies, i.e. a further eight years or more, an additional Certificate will be issued; and

· Details on a Certificate will include the period served by the elected member as mayor/president, deputy mayor/ president or councillor.

Requests for certificates will be made to the Department by the City on behalf of the elected member. Certificates issued to current elected members who have served for more than eight years will recognise all their years of service however, once a Certificate has been issued, another will not be provided for any period less than a further eight years.

~~It is therefore suggested that an~~ Eelected members who ~~has~~ have qualified for a certificate by~~, having been~~ serving on council for eight years, but who intends to continue for another term, will therefore be requested to defer their application for a certificate until such time as their term is completed or they retire from council. This will allow the service details to be on one certificate.

The Department of Local Government ~~and Regional Development~~ will recognise the number of years served by issuing certificates that are colour coded, i.e.

White: 8 to 16 years of service

Silver: 17 to 24 years of service

Gold: 25 years or more.

Presentation of Commemorative Plaques and Gifts

In addition to the Certificate issued by the Department of Local Government ~~and Regional Development~~, the elected member will be presented, on retirement, with:

· ~~With a~~ A plaque of the Council crest and an engraved plate identifying the name of the elected member and the years of service to Council;

· A gift to the value of $80 per year for Councillors and $100 per year for Mayors for each year of service capped at a maximum of $500;

Presentations will occur at ~~either~~ one of the following Council functions:

· Prior to a normal, scheduled Council meeting; or

· By the Mayor or his nominee; or

· As approved by the Mayor and Chief Executive Officer.

The retiree is to have the option of choice.

For the position of Mayor, in addition to the Department of Local Government ~~and Regional Development~~ Certificate of Recognition, a suitable gift and reception will be arranged by the Chief Executive Officer in conjunction with the Deputy Mayor.

Procedure:

Invitation to Civic Functions Following Retirement from Council

Invitations will be issued to past elected members (and their partners) of the current City of Wanneroo (post-1999) who have served three consecutive terms of office or 12 consecutive years to the following annual civic functions:

· Pioneer function;

· Volunteer function;

· Australia Day Citizenship function;

· Freeman of the City induction ceremonies; and

· City of Wanneroo Art Awards.

SCOPE

This policy applies to retiring and former elected members of the City of Wanneroo.

BACKGROUND

There is relatively little recognition and support for people who are prepared to be members of council and, as a result, make a significant contribution to their communities.

With this in mind, in 2004 Tthe Department of Local Government ~~and Regional Development~~ ~~has therefore~~ reduced the qualifying period for the receipt of a Certificate of Recognition to 8 eight years.

CONSULTATION WITH STAKEHOLDERS

Nil

IMPLICATIONS (Financial, Human Resources)

Nil

IMPLEMENTATION

1. The City’s Governance team will monitor the terms of service of individual elected members.

2. A letter of recognition will be sent by the Chief Executive Officer to ~~the~~ a qualifying elected member acknowledging their term of service and clarifying whether the elected member wishes to claim their certificate at this time or whether they prefer to postpone receipt until retirement. The letter to detail the Department’s advice regarding postponement until retirement.

3. A request will be made to the Department detailing the elected member’s full name and period of service as mayor/president, deputy mayor/president or councillor.

4. The Department will process the application and obtain the Minister’s signature. The Certificate will be posted back to Council for presentation to the elected member as described above.

5. The Chief Executive Officer will arrange the City of Wanneroo Plaque and gift.

6. The City’s Communications and Events unit will be responsible for issuing invitations to past elected members and their partners to attend those civic functions identified by this policy.

ROLES and RESPONSIBILITIES

See Implementation above.

DISPUTE RESOLUTION

N/A

WHO NEEDS TO KNOW about THIS POLICY?

· Elected Members

· Chief Executive Officer

· Manager Governance and Executive Services

· Manager Communications and Events

· Coordinator Governance

· Coordinator Communication and Events

DEFINITIONS

DEFINITIONS: There are no definitions for this policy.

RELEVANT POLICIES/MANAGEMENT PROCEDURES/DOCUMENTS OR DELEGATIONS

Nil

REFERENCES

· Policy - Award of the Title “Honorary Freeman of the City of Wanneroo”

· Policy - Award of the Title “Wanneroo Pioneer”

· Policy – Australia Day Award

RESPONSIBILITY FOR IMPLEMENTATION

Manager Governance and Executive Services

Version	Next Review	Record No:
March 2011	March 2013	11/27818

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 388

Australia Day Award Policy

Policy Owner: Communications and Events

Contact Person:: Manager Communications and Events

Date of Approval: 5 May 2010 – CS05-05/10

OBJECTIVE

The purpose of this policy is to provide for the recognition of individuals and organisations who have made significant contributions to the City of Wanneroo’s community, through annual awards presented on Australia Day.

STATEMENT

The City of Wanneroo annually recognises individuals and organisations who have made a significant contribution to the City of Wanneroo’s community by awarding three categories of awards every Australia Day. Only one award is presented in each of the following categories:

City of Wanneroo Charles Searson Australia Day Youth Award

Presented to an individual under 25 years of age who has made an outstanding contribution to the local community.

City of Wanneroo Australia Day Award

Presented to an individual over 25 years of age who has made an outstanding contribution to the local community.

City of Wanneroo Australia Day Community Group or Event Award

Presented to an outstanding local community group or event.

Details of Australia Day Award recipients are published in the first available edition of “What’s Happening” following the Award ceremony.

An invitation to attend the next Australia Day Award ceremony is extended to the following:

· The recipient (and partner) of the City of Wanneroo Australia Day Award

· The recipient (and guardian or partner) of the City of Wanneroo Charles Searson Australia Day Youth Award

· The recipient (President/Chairperson and partner) of the City of Wanneroo Australia Day Community Group or Event Award

SCOPE

Award recipients must meet the following eligibility criteria:

· Recipients must be residents of the City of Wanneroo; or have coordinated a community event within the City of Wanneroo; or be members of a community group whose principal activities are conducted within the City of Wanneroo

· Awards cannot be granted posthumously

· A person cannot receive the same award twice

· Only one person (not a couple or group) may be nominated for individual award categories

· Local Government Councillors, State and Federal politicians are not eligible to receive an Award

· City of Wanneroo staff acting in their role or performing duties required by their employment with the City, are not eligible to receive an Award

BACKGROUND

Awards are presented at the annual ‘Australia Day Citizenship Ceremony’ held 26 January. Award recipients are presented with a framed certificate and ‘Australia Day Award Trophy’, and are requested to participate in post-event publicity and promotion. Copies of photographs taken as a result of publicity are provided to Award recipients

CONSULTATION WITH STAKEHOLDERS

As part of this policy, the following stakeholders need to be consulted:

· Schools in the City of Wanneroo;

· City of Wanneroo community groups; and

· Media organisations.

IMPLICATIONS (Financial, Human Resources)

The financial implications for this policy include printing of application forms and flyers, trophies, certificates and framing.

These costs are included as part of the Communications and Events annual budget.

IMPLEMENTATION

Nominations are invited via advertising and promotions preceding the annual ‘Australia Day Citizenship Ceremony’ held 26 January, but can be made at any time during the year. Anyone in the community can submit a nomination and these are made in writing using the official nomination form. Nomination forms can be obtained from the City of Wanneroo’s website www.wanneroo.wa.gov.au, Customer Service locations or by contacting Communications and Events.

In addition, students of schools within the City of Wanneroo who are awarded Student Citizenship Award in the 12 months preceding the Australia Day Awards, are automatically considered for the City of Wanneroo Charles Searson Australia Day Youth Award.

Nominations will be advertised from September each calendar year, with nominations closing 30 November. Judging will occur during December.

The September-November period will allow integration into existing promotional activities targeted at people/groups active within the community. These include but are not limited to: October Community Funding round (nomination forms to be posted with application kits, and promoted at information sessions); Volunteer Appreciation Functions (nomination forms to be posted with invitations and promoted at the functions); Youth Services meetings and activities with schools.

Nominees for the City of Wanneroo Australia Day Awards will be assessed by a judging panel according to the following criteria:

· Have made a significant positive contribution to the local community

· Possess leadership qualities

· Active member of the local community

· Commitment to enhancing their local community

The judging panel: Mayor, Director Community Development, Manager Communications and Events and two community members (expressions of interest) then decide the winners.

ROLES AND RESPONSIBILITIES

The City’s Communications and Events team is responsible for implementation of all elements of this policy.

Roles and responsibilities include calling for nominations, promotion through the media, call for expressions of interest for the members of the judging panel, compiling nominations, scheduling judging panel meetings, organising awards and inviting nominees and nominators to the presentation event.

WHO NEEDS TO KNOW ABOUT THIS POLICY?

· Mayor

· Director Community Development

· Manager Communications and Events

· Communications and Events service unit

· Schools

· Community groups

EVALUATION AND REVIEW PROVISIONS

To measure and evaluate the effectiveness of this policy, the following key performance indicators will be used:

· Number of nominations received for each of the three categories.

· Quality of nominations.

· Media exposures.

DEFINITIONS

There are no definitions for this policy.

REFERENCES

Nil

RESPONSIBILITY FOR IMPLEMENTATION

Manager Communications and Events

Reviewed	Next Review	Record No
June 2006
May 2010 – CS 05-05/10	March 2012	888680 TRIM: 10/912
April 2011 – CS	March 2012	11/27894

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 391

CS06-04/11 Overview of Proposed Structure of Internal Standards Panel

File Ref: 5720 – 11/27803

Responsible Officer: Director, Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider, as part of a continuous improvement framework for the City, and to support the Elected Members Code of Conduct, the establishment of an Internal Code of Conduct Committee to assess complaints regarding breaches of the general principles of behaviour of elected members.

Background

At the 29 June 2010 Council Meeting the following motion was presented:-

“UB02-06/10 Standing Orders and Code of Conduct

Moved Cr Guise, Seconded Cr Monks

THAT this Council believes that when matters arise that are pertinent to our Standing Orders and Code of Conduct, consistent with the reasons given by Judge Pritchard “that neither the findings nor the apology should be seen as the preferred method in dealing with differences of opinion in Council”, Council believes that it is in the best interest of good governance that in the first instance a reasonable effort is made to deal with these matters in accordance with the City’s Local Laws as prescribed in Standing Orders.

Procedural Motion

Moved Cr Newton, Seconded Cr Smithson

THAT the motion be deferred, pending referral to a Council Forum for further discussion.

CARRIED

12/0”

As a result the matter was listed for consideration at the 7 September 2010 Council Forum. The Department of Local Government (the Department) provided an overview of the opportunity to establish a Internal Code of Conduct Committee comprising well respected and suitably qualified members of the Community. It was noted that there was an intent for a mediation stage within the code of Conduct Regulations, however that has not been provided within the legislation but the concept is supported. It was suggested that the proposal be explored more fully with a report being submitted to Council in due course.

The Chief Executive Officers performance review also tasked the CEO with the function of developing a governance framework to deal with behaviours associated with the City’s Code of Conduct for consideration by Council, as follows:-

1. “NOTES the strategic tasks identified by the CEO to be assigned as Performance Criteria for 2010/11:

a) Develop a governance framework to deal with behaviours associated with the City’s Code of Conduct for consideration by Council;……………………..”

Detail

The Local Government (Rules of Conduct) Regulations 2007 (the Rules) currently provides for an independent entity to oversight the standards of conduct and behaviour of Elected Members. This legislation establishes a systematic approach and regulatory framework for scrutinising and dealing with misconduct and enshrines minimum standards to be observed by all elected members.

Complaints forwarded through to the above Standards Panel however take some time to assess and resolve and in the interim relationships between the elected body may be strained and could impact on the ability of the Council to function effectively.

Consideration could therefore be given to establishing an independent Internal Code of Conduct Committee where the Elected Member would have the opportunity to participate in a process for resolution without following a more lengthy formal approach. The success of this approach however depends on the willingness of the parties to participate. However this does not preclude the opportunity for Elected Members to submit complaints through the Rules of Conduct legislation.

Consultation

Administration has consulted extensively with the Department of Local Government and has received officers from the Department at Council Forums to speak on recommendations for processing complaints quickly and efficiently, the most recent being at the 15 March 2011 Council Forum.

Comment

The Department of Local Government and the City have invested considerable time in considering a governance framework which would allow local governments and individual elected members on a voluntary basis to participate in the local assessment of complaints through the establishment of a Internal Code of Conduct Committee.

It has been suggested that the Internal Code of Conduct Committee deal with the following complaints:

· Complaints about breaches of the general principles to guide behaviour - Regulation 3(1) of the Rules:-

3(1) General principles to guide the behaviour of council members include that a person in his or her capacity as a council member should –

a) act with reasonable care and diligence; and

b) act with honesty and integrity; and

c) act lawfully; and

d) avoid damage to the reputation of the local government; and

e) be open and accountable to the public; and

f) base decisions on relevant and factually correct information; and

g) treat others with respect and fairness; and

h) not be impaired by mind affecting substances.

· Breaches in City of Wanneroo Code of Conduct.

The current legislation provides NO head of power to support the establishment of an Internal Code of Conduct Committee, or any head of power that would compel an elected member to participate in such a committee, even if the Council formally resolved to establish one.

Furthermore in the event that a committee is formed by Council and the committee makes a finding against an Elected Member, it is unclear if there is any legal consequence if that elected member does not carry out the direction of the Internal Code of Conduct Committee.

In considering the above qualification, if there is endorsement of the framework in principle to introduce a system for local assessment of complaints, then Administration will, through a series of workshops involving the Department and Elected Members, develop procedures and a terms of reference covering the four stages presented at the Forum on 15 March 2011 and included in Attachment 1. Matters for further development include composition of members of the Code of Conduct Committee, treatment of reports from the Committee to Council and role of the Department of Local Government.

Statutory Compliance

The Internal Code of Conduct Committee would be established as a formal Committee of Council under Section 5.8 of the Local Government Act 1995 but would not be assigned delegated authority therefore all recommendations by the committee will need to be approved by Council.

It should be noted however that in regards to matters relating to conduct of elected members legislation currently exists to deal with these issues under the Local Government (Rules of Conduct) Regulations 2007 which is currently subject to review by the Department of Local Government.

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.6 Provide and maintain a high standard of governance and accountability”

Policy Implications

The City’s Code of Conduct for Elected Members may need to be amended to include the reference to the Internal Standards Panel rules and procedures.

Financial Implications

It is envisaged that attendance fees of some form (subject to the constraints of the Local Government Act 1995) may need to be provided to meet the cost’s associated with the attendance of independent specialised members on the Committee.

Voting Requirements

Absolute Majority

Recommendation

That Council ENDORSE a framework in principal for the purpose of Administration conducting a series of workshops with Council and the Department of Local Government to develop procedures and a Terms of Reference for an Internal Code of Conduct Committee.

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 April, 2011 414

Chief Executive Office

Office of the CEO Reports

CE01-04/11 Delegation of Authority for Appointment of Acting Chief Executive Officer

File Ref: 2883 – 11/23754

Responsible Officer: Chief Executive Officer

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider granting delegated authority to the Chief Executive Officer to appoint an Acting Chief Executive Officer for periods not exceeding 35 days.

Background

At the present time, all proposed appointments to the position of Acting Chief Executive Officer of the City of Wanneroo must be presented to Council for ratification prior to the appointment taking effect. However, Section 5.42 of the Local Government Act 1995 allows Council to delegate to the Chief Executive Officer any of its powers other than those specifically set out in Section 5.43.

Detail

From time to time, the Chief Executive Officer is required to be absent from the City. During his absence, those actions that the CEO is empowered to undertake and which are necessary to the functioning of the City of Wanneroo cannot be fulfilled unless an Acting Chief Executive Officer has been appointed.

At the present time, any proposal to appoint an Acting Chief Executive Officer must be presented to Council for approval prior to the appointment taking effect. This system does not present any issue provided that the absence of the Chief Executive Officer is planned and can be submitted to Council beforehand. However, should the appointment of an Acting Chief Executive Officer be required at short notice (ie due to the Chief Executive Officer’s absence because of illness, accident or other unforeseen circumstances), then it would be necessary to hold a Special Meeting of Council to address the situation.

It is suggested that, in the interests of good governance and to cover emergency situations, the Chief Executive Officer be granted delegated authority to make this type of appointment in accordance with the following conditions:

1. The position of Acting Chief Executive Officer can only be conferred on an employee of the City of Wanneroo who currently holds the position of Director and is designated as a “Senior Employee” in accordance with Section 5.37 of the Local Government Act 1995;

2. Delegated authority is only granted for appointments to the position of Acting Chief Executive Officer covering a period of 35 days or less. In instances where an appointment is required for a period exceeding 35 days, then that proposed appointment must be presented to Council for determination prior to the appointment taking effect; and

3. The Chief Executive Officer must advise Elected Members, on a quarterly basis, of any appointments made to the position of Acting Chief Executive Officer under delegated authority for the ensuing three month period. In instances where it is necessary for an appointment to be made at short notice, then Elected Members are to be advised of that appointment as soon as possible.

Consultation

Nil

Comment

It is recognised that the current situation, where Council must approve the appointment of an Acting Chief Executive Officer prior to that appointment taking effect, can present problems in instances where the Chief Executive Officer is required to be absent at short notice, or indeed with no prior warning. Under these circumstances, it would not be possible to obtain Council’s approval prior to an Acting Chief Executive Officer being required and therefore the day-to-day running of the City would be significantly impaired.

Statutory Compliance

Local Government Act 1995

Part 5 – Administration

Division 4 – Local government employees

“5.42 Delegation of some powers and duties to CEO

(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under -

(a) This Act other than those referred to in section 5.43; or

(b) The Planning and Development Act 2005 section 214(2), (3) or (5).

*Absolute Majority”

“5.43 Limits on delegations to CEO

A local government cannot delegate to a CEO any of the following powers or duties –

(a) Any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;

(b) Accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph;

(c) Appointing an auditor;

(d) Acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph;

(e) Any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;

(f) Borrowing money on behalf of the local government;

(g) Hearing or determining an objection of a kind referred to in section 9.5;

(h) Any power or duty that requires the approval of the Minister or the Governor; or

(i) Such other powers or duties as may be prescribed.”

Strategic Implications

The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021:

“4 Governance

4.6 Provide and maintain a high standard of governance and accountability”

Policy Implications

Nil

Financial Implications

Directors are paid a higher duty allowance for any time spent in the position of Acting Chief Executive Officer.

Voting Requirements

Absolute Majority

Recommendation

That Council DELEGATES to the Chief Executive Officer, BY ABSOLUTE MAJORITY, the power to make appointments to the position of Acting Chief Executive Officer in accordance with the following:

[1] Known variables are those which can be clearly identified, for example, library opening hours and patron access

[2] Estimated savings are where savings can be assumed but not clearly identified or quantified, for example savings in maintenance through extended product life.

Name:	Reconciliation Action Plan 2010-2012 Working Group (the RAP Working Group)
Role/Purpose:	To develop draft goals to reflect the Relationships, Respect and Opportunities pillars of the City’s Reconciliation Action Plan (RAP) with the aim of long-term and genuine engagement with the Aboriginal and Torres Strait Islander community in Wanneroo.
Aims & Functions:	The Working Group will: 1.1 Recommend to Council no less than two short term and two long-term goals for each of the three pillars of the RAP 2010-2012, being Relationships, Respect and Opportunities. 1.2 Broadly consult and communicate the views of the wider Aboriginal and Torres Strait Islander community in Wanneroo on the proposed goals as part of the RAP consultation and engagement process. 1.3 To the best of its ability, ensure objectivity and the best interests of the broader Aboriginal and Torres Strait Islander community in Wanneroo during Working Group discussions. 1.4 Assist Council to identify any issues affecting Aboriginal and Torres Strait Islander community and culture where and when appropriate and the development of strategies relating to these issues.
Membership:	2.1 The Working Group shall consist of the following representation: · Up to two Elected Members appointed by Council; · Council Officers (Coordinator Community Links; Community Development Officer, Aboriginal and Torres Strait Islander staff persons); plus · A maximum of ten representatives, preferably Aboriginal and Torres Strait Islander community leaders and including, where possible, Aboriginal and Torres Strait Islander youth. 2.2 Membership shall be for a period of up to two years terminating on the day of the Ordinary Council elections, with retiring members eligible to re-apply. 2.3 Members must comply with the City’s Code of Conduct. 2.4 The Working Group has authority to second individuals from outside of the Working Group, on a voluntary basis, for their expert advice. 2.5 Consideration will not be given to any nomination received from a person who is currently serving as an elected member of a neighbouring council.

No.	Organisation	Amount	Recommendation	Reason
1.	Small Business Centre North West Metro	$82.50	APPROVE a 50% waiver of fees of $82.50 for the hire of the Banksia Room to run a Biz Links Workshop from 6-8pm on 23 March 2011.	The request satisfies the criteria of the policy.
2.	NAIDOC School Initiatives	$400.00	APPROVE a donation of $400.00 towards the design, printing and distribution to schools of entry forms for NAIDOC week competition, 3-10 July 2011.	The request satisfies the criteria of the policy.

TOTAL		$482.50