Council Agenda

 

 

Ordinary Council Meeting

7:00pm, 04 March, 2014

Civic Centre,

Dundebar Rd, Wanneroo

 

Council allows a minimum of 15 minutes for public questions and statements at each Council Meeting.  If there are not sufficient questions to fill the allocated time, the person presiding will move on to the next item.  If there are more questions than can be dealt with in the 15 minutes allotted, the person presiding will determine whether to extend question time.

 

Protocols

 

During the meeting, no member of the public may interrupt the meeting’s proceedings or enter into conversation.  Each person seeking to ask questions during public question time may address the Council for a maximum of 3 minutes each. 

 

A register of person’s wishing to ask a question/s at the Council Meeting is located at the main reception desk outside of the Chamber on the night.  However, members of the public wishing to submit written questions are requested to lodge them with the Chief Executive Officer at least 30 hours prior to the start of the meeting i.e. noon on the previous day.

 

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

 

The following general rules apply to question and statement time:

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

·                Only questions relating to matters affecting Council will be considered at an ordinary meeting, and at a special meeting only questions that relate to the purpose of the meeting will be considered.  Questions may be taken on notice and responded to after the meeting.

·                Questions may not be directed at specific members of council or employees.

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

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

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

 

 

The Mayor and Councillors will conduct an informal session on the same day as the meeting of the Council at the Civic Centre, Wanneroo, commencing at 6.00pm where members of the public may, by appointment, present deputations relating to items on the current agenda. If you wish to present a deputation please submit your request for a deputation in writing, at least three clear business days prior to the meeting addressed to the Chief Executive Officer or fax through to Governance on 9405 5097.  A request for a deputation must be received by Governance by 12 noon on the Friday before the Council Meeting.

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

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

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

 

Please ensure that mobile phones are switched off before entering the Council Chamber.  Any queries on this agenda, please contact Governance on 9405 5027 or 9405 5018.

 

 

Objective

 

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

 

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

 

Statement

 

Recording of Proceedings

 

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

 

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

 

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

 

Access to Recordings

 

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

 

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

 

Retention of Recordings

 

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

 

Disclosure of Policy

 

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

 

 

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

Dundebar Rd, Wanneroo on Tuesday 4 March, 2014 commencing at 7:00pm.

 

 

 

 

 

D Simms

Chief Executive Officer

27 February, 2014

 

 

 

CONTENTS

 

Item  1_____ Attendances_ 1

Item  2_____ Apologies and Leave of Absence_ 1

Item  3_____ Public Question Time_ 1

Item  4_____ Confirmation of Minutes_ 1

OC01-03/14     Minutes of Ordinary Council Meeting held on 4 February 2014  1

SOC02-03/14 Minutes of Special Council Meeting held on 25 February 2014  1

Item  5_____ Announcements by the Mayor without Discussion_ 1

Item  6_____ Questions from Elected Members_ 1

Item  7_____ Petitions_ 1

New Petitions Received  1

Update on Petitions  1

Petitions Updates  1

PT01-02/14      Request for Re-opening of Key Largo Drive Closure  1

PT02-02/14      Request the Removal of Fig Trees in Russell Road, Madeley  2

PT03-02/14      Request for Bus Shelter on Kingsway Road, Madeley  2

Item  8_____ Reports_ 3

Planning and Sustainability  3

Policies and Studies  3

PS01-03/14      Adoption of Local Planning Policy 3.2: Activity Centres  3

Town Planning Schemes & Structure Plans  248

PS02-03/14      Adoption of Amendment No. 37 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8  248

PS03-03/14      Adoption of the draft North Two Rocks Local Structure Plan  No. 91  263

City Businesses  349

Property  349

CB01-03/14     Proposed Development of a Portion of Lot 500, Leach Road, Wanneroo by the Wanneroo Community Men's Shed (Inc.). 349

CB02-03/14     Implementation of the Proposed Environmental Offset Package for the City's Landholdings in the Neerabup Industrial Area  364

Infrastructure  371

Infrastructure Projects  371

IN01-03/14       Ocean Reef Road Noise Attenuation Investigation  371

IN02-03/14       Wanneroo Civic Centre Extension Project  376

Traffic Management  389

IN03-03/14       Parking Prohibition Removal - Scenic Drive, Wanneroo  389

IN04-03/14       Golf Links Drive, Carramar - Traffic Management Scheme - Community Consultation  397

IN05-03/14       St Fillans Bend, Wanneroo - Proposed Footpath Community Consultation Results  433

Other Matters  442

IN06-03/14       Yanchep Boardwalk - Development Approval and Construction Program Update  442

IN07-03/14       Berkley Road Local Structure Plan – Drainage Strategy Implementation and Release of Temporary Drainage Sumps  460

IN08-03/14       Quinns Beach Long Term Coastal Protection - Establishment of a Community Reference Group and Terms of Reference  471

IN09-03/14       Quinns Beach Coastal Protection - Need for a Limestone Retaining Wall along Fred Stubbs Park  477

Community Development  495

Capacity Building  495

CD01-03/14     Volunteering Policy  495

Program Services  501

CD02-03/14     Wanneroo Shooting Complex CSRFF Small Grant Application to Department of Sport and Recreation  501

CD03-03/14     Pearsall Hocking Community Centre - Needs and Feasibility Review   505

CD04-03/14     Renewal of Edmund Rice Partnership Agreement 2014  516

CD05-03/14     Write Off Outstanding Debt - Community Facilities  523

Corporate Strategy & Performance  525

Finance  525

CS01-03/14     Disclosure of Financial Ratios in 2012/2013 Annual Financial Report  525

CS02-03/14     Warrant of Payments for the Period to 31 January 2014  556

CS03-03/14     Financial Activity Statement for the Period Ended 31 January 2014  620

CS04-03/14     Mid Year Review of 2013/2014 Annual Budget  632

Governance  644

CS05-03/14     2013 Compliance Audit Return  644

CS06-03/14     Donations to be Considered by Council - March 2014  669

Other Matters  673

CS07-03/14     Locality Boundary - Minor Amendment Between City of Wanneroo and City of Swan Along Sydney Street, Gnangara. 673

Chief Executive Office  678

Item  9_____ Motions on Notice_ 678

MN01-03/14    Cr Domenic Zappa – Web Streaming at Council Meetings  678

MN02-03/14    Mayor Tracey Roberts – Consideration of Installation of Dog Poo Bags in City Parks  680

MN03-03/14    Mayor Tracey Roberts – Refund to Quinns Rocks Volunteer Bushfire Brigade  683

MN04-03/14    Cr Russell Driver – Request for Removal of Artificial Cricket Pitch & to add an Extra Football Pitch and Goals at Gumblossom Park  685

MN05-03/14    Cr Brett Treby – Provision of Shade Sails at Appleby Park in Darch  688

Item  10____ Urgent Business_ 691

Item  11____ Confidential_ 691

CR01-03/14     Variation to Contract of Employment for Chief Executive Officer  691

CR02-03/14     Lease - Default Notice  691

Item  12____ Date of Next Meeting_ 691

Item  13____ Closure_ 691

 

 

Good evening Councillors, staff, ladies and gentlemen, we acknowledge the Traditional Owners of the land on which we meet and I invite you to bow your head in prayer:

 

Lord

 

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

 

Amen

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Public Question Time

Item  4      Confirmation of Minutes

That the minutes of Ordinary Council Meeting held on 4 February 2014 be confirmed.

That the minutes of Special Council Meeting held on 25 February 2014 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  

Petitions Updates                     

PT01-02/14       Request for Re-opening of Key Largo Drive Closure

Cr Smithson presented a petition of 235 electors/ratepayers of the City of Wanneroo requesting the reopening of the section of Key Largo Drive that has been closed off prior to Christmas and requesting that Council examine the steps involved in which the road closure was approved as the consequences of the closure has been financially devastating to local business and cause great inconvenience to local business district users.   Update   After a meeting of the Mayor and the Director Infrastructure the road was opened on the weekend of the 11/12th January 2014  and remains open.

PT02-02/14       Request the Removal of Fig Trees in Russell Road, Madeley

Cr Treby presented a petition from 92 electors requesting the removal of fig trees opposite houses of 1-15 Russell Road, Madeley.   Update   Administration anticipates that a report on this matter will be presented to the 27 May 2014 Council meeting.

 

PT03-02/14       Request for Bus Shelter on Kingsway Road, Madeley

Cr Treby presented a petition of 170 electors requesting a bus shelter at bus stop No. 21906 on Kingsway Road Madeley opposite the Kingsway Court Facility.   Update   This matter was addressed through a Motion on Notice to the 4 February 2014 Council meeting.  No further action is required.

 

 

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

File Ref:                                              2037 – 12/91050

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       8  

Previous Items:                                   PS05-05/12 - Draft Local Planning Policy 3.2:  Activity Centres - Ordinary Council - 29 May 2012      

 

Issue

To consider the revised draft Local Planning Policy 3.2: Activity Centres (LPP 3.2) for final adoption, following public advertising.

 

Background

Draft LPP 3.2 was presented to Council at its meeting on 29 May 2012 (Item PS05-05/12), where Council resolved to adopt it for the purpose of advertising. A copy of the advertised draft LPP 3.2 is included as Attachment 1. The Policy was advertised for public comment between 26 June 2012 and 7 August 2012 in accordance with Council's resolution of 29 May 2012.

 

22 submissions were received on draft LPP 3.2 during advertising raising six key issues. A summary of the submissions received and Administration's responses and recommended modifications is included as Attachment 2. Administration has prepared a revised draft LPP 3.2 in light of the submissions made.

Detail

The six key issues raised and Administration's position on each, are summarised below.

 

Flexibility of Draft LPP 3.2

 

Some submitters commented that Table 3 of the Policy is inflexible and would not allow alternative designs or outcomes to be considered. This is because a proposal would be deemed 'unacceptable' (under Column C) and would be refused if it did not meet the Acceptable Standards of Column B.

 

Administration accepts this would create a very 'black and white' decision-making framework, because no discretion would exist to consider proposals that fall outside the Acceptable Standards of Column B. To address this, Administration is proposing to restructure the Policy to remove Column C.

 

Duplication with Local Planning Policy 4.2: Structure Planning (LPP 4.2)

 

Several submitters were concerned that the provisions in Column A of Table 3 duplicated provisions from LPP 4.2 and resulted in unnecessary repetition.

 

Administration agrees there is some duplication between the two Policies and is proposing to remove the references to LPP 4.2 in Column A, Sections 1, 2 and 3 of Table 3 and replace these with the draft LPP 3.2 Policy Objectives. Other policies (such as LPP 4.2) will still apply to activity centres.

 

Residential Density

 

Submitters identified that the required residential densities and walkable catchments within draft LPP 3.2 were inconsistent with the standards set out in agreed district structure plans and State Planning Policy 4.2: Activity Centres for Perth and Peel (SPP 4.2).

 

Administration agrees the requirements of draft LPP 3.2 should be consistent with the requirements in agreed structure plans and SPP 4.2 and is proposing changes to Table 3 to require residential densities and walkable catchments to accord with agreed structure plans or SPP 4.2, whichever is applicable.

 

Employment Self Sufficiency (ESS)

 

Submitters commented that the ESS and floor space requirements of the draft Policy were too strict and should be more flexible to allow these elements of an activity centre to evolve over time.

 

Administration accepts that activity centres take many years to mature and acknowledges the need for flexibility in achieving ESS and floor space targets. However, a level of certainty is still required to ensure the planning that occurs today does not prejudice the future achievement of the 60% ESS target set out in Directions 2031 and Beyond. To address this, Administration is proposing to change the draft Policy so that activity centre structure plans need to demonstrate that enough land is being set aside for 'employment-generating' land uses, to achieve the ultimate ESS and floor space objectives of district, local and centre structure plans.

 

Mix of Land Uses

 

Submitters commented that draft LPP 3.2 would artificially interfere with market forces by mandating or restricting the mix of land uses within activity centres. Further discussions with those submitters revealed their concerns were based on a misinterpretation of the draft Policy. The submitters incorrectly believed the draft Policy would dictate the combination of uses required in activity centres, and would not allow other uses (or combinations of uses) to be considered.

 

To provide greater clarity, Administration is proposing changes to the draft Policy to specify which uses within District Planning Scheme No. 2 (DPS 2) could be included in the land use mix for activity centres. These changes clarify that any combination of those land uses would be appropriate.

 

Staging

 

Two submissions expressed concern that it might not be feasible to deliver certain elements or land uses of an activity centre within the first stage of the centre's development, as required by the draft Policy.

 

Administration accepts that some land uses or design outcomes may not be viable to deliver within the first phase of a centre's development. Regardless, a level of certainty is still needed so that earlier stages of development contribute to (rather than prevent) the delivery of the ultimate land use and design objectives for the centre. To achieve this, Administration is proposing to change the draft Policy, so that centre structure plans include a concept plan showing the ultimate design and development of the activity centre.

 

Other

 

In addition to the above changes, Administration is also proposing a number of other changes to the draft Policy to further clarify its intent and operation, and to address some minor editorial items that have been identified. Administration is also proposing to introduce added guidance on how the City will deal with proposals to alter the size or location of activity centres in light of the recent preparation of the City's draft Retail Needs Assessment (RNA). A summary of these recommended modifications is included as Attachment 3.

 

The changes now proposed to the draft Policy are consistent with Administration's position on the key issues summarised above. A copy of the tracked change draft LPP 3.2 is included as Attachment 4 and the final draft LPP 3.2, with all modifications accepted, is included as Attachment 5.

Consultation

Draft LPP 3.2 was advertised for public comment for a period of 42 days between 26 June 2012 and 7 August 2012 in accordance with Council's resolution of 29 May 2012, by way of:

 

·        advertisement in local newspapers;

·        display on the City's website and Facebook page;

·        display at the Civic Centre and the City's libraries; and

·        letters to landowners and relevant stakeholders.

 

Throughout January and February 2013 Administration met with several submitters to discuss their comments further and assist with the preparation of the revised draft LPP 3.2. These submitters attended an information session on the revised draft Policy in November 2013 and have been provided with a copy of the revised draft Policy.

 

Notwithstanding the changes now proposed to the draft Policy since advertising, the purpose and intent of the Policy has not changed. Due to the additional consultation with submitters following the close of advertising, Administration does not consider it necessary to readvertise the revised draft Policy for further public comment.     

Comment

LPP 3.2

 

Draft LPP 3.2 will provide much needed guidance for the City's assessment and decision-making on all types of planning proposals for activity centres – ranging from structure plans and Scheme Amendments, through to development applications.

 

The City currently has a Local Planning Policy on Corner Stores that was adopted in 1999. A review of this Policy commenced in 2011 as part of Administration's ongoing review of local planning policies. This resulted in draft Local Planning Policy 5.3: Corner Stores (LPP 5.3) being presented to Council at its meeting on 8 March 2011 and advertised between 5 April 2011 and 26 April 2011. No submissions were received.

 

When drafting of LPP 3.2 commenced in April 2011 it became apparent that a standalone Corner Stores Policy was unnecessary and the key provisions of draft LPP 5.3 were incorporated into the draft LPP 3.2. Administration recommends that the current Local Planning Policy 'Corner Stores' be rescinded upon adoption of the revised draft LPP 3.2, in accordance with Clause 8.14.4 of DPS 2.

 

Residential Development on Employment Land

 

Alongside the preparation of LPP 3.2, Administration is in the early stages of investigating an emerging trend affecting the development of activity centres where land zoned for Business, Commercial and Mixed Use purposes is being subdivided and developed as residential housing. Residential housing is currently allowed in the Business, Commercial and Mixed Use zones under DPS 2. This means that land originally set aside for employment generating land uses is becoming developed for housing and is therefore unavailable for its originally intended employment use. If this trend continues, there is a risk that the 60% Employment Self-Sufficiency (ESS) target set out in Directions 2031 and Beyond will not be achieved and that there will be insufficient jobs and services available to the growing community in the Northern Coastal Growth Corridor.

 

The City has recently received a letter from the Chairman of the Western Australian Planning Commission (WAPC) (included as Attachment 8) requesting the City's assistance in addressing this issue. As a result of discussions between Administration, the Department of Planning and the WAPC Administration intends to draft an amendment to DPS 2 to address this issue. A separate report will be presented at a future Council meeting for consideration.

Statutory Compliance

Draft LPP 3.2 has been prepared in accordance with the requirements of Part 8 of DPS 2. In accordance with Clause 8.1.3.1(c) of DPS 2 Council must formally consider the submissions received and decide whether to adopt the draft Policy, with or without changes, or not to proceed with the draft Policy.

 

In accordance with Clauses 8.11.3.1(d) and 8.11.3.1(e), should Council resolve to finally adopt LPP 3.2, notification of the final adoption must be published once in a newspaper circulating in the City, a copy of LPP 3.2 must be forwarded to the Western Australian Planning Commission and submitters must be notified of Council's decision.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.1    Great Places and Quality Lifestyle - People from different cultures find Wanneroo an exciting place to live with quality facilities and services.”

Policy Implications

Once finalised, and if adopted by Council, LPP 3.2 will form part of the City's Local Planning Policy Framework and will supersede the current Local Planning Policy 'Centres', included as Attachment 6, and the current Local Planning Policy 'Corner Stores', included as Attachment 7. Upon adopting LPP 3.2 it will be recommended that Council rescind both of these Policies.

Financial Implications

The cost of advertising the notice of final adoption is to be met from the Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to subclause 8.11.3.1(c) of District Planning Scheme No. 2 ADOPTS Local Planning Policy 3.2: Activity Centres included as Attachment 5;

2.       Subject to 1. and pursuant to subclauses 8.11.3.1(d) and 8.11.3.1(e) of District Planning Scheme No. 2 PUBLISHES notice of its final adoption of Local Planning Policy 3.2: Activity Centres once in the Wanneroo Times, North Coast Times and Sun City newspapers and FORWARDS a copy of the Policy to the Western Australian Planning Commission for its information;

3.       NOTES the submissions received as summarised in Attachment 2 in respect to draft Local Planning Policy 3.2: Activity Centres, ENDORSES Administration's responses to those submissions and ADVISES submitters of its decision;

4.       NOTES and ENDORSES Administration's proposed modifications in respect to draft Local Planning Policy 3.2: Activity Centres included in Attachment 3; and

5.       Subject to 1. and pursuant to subclause 8.11.4(b) of District Planning Scheme No. 2 RESCINDS Local Planning Policy 'Centres' included as Attachment 6 and Local Planning Policy 'Corner Stores' included as Attachment 7, and PUBLISHES notice of the rescission of these Policies in the Wanneroo Times, North Coast Times and Sun City newspapers for two consecutive editions.

 

Attachments:

1View.	Attachment 1 - Advertised Draft LPP 3.2	12/48888
2View.	Attachment 2 - Summary of Submissions LPP 3.2	13/207741	Minuted
3View.	Attachment 3 - Administration's Proposed Modifications to LPP 3.2	13/194911	Minuted
4View.	Attachment 4 - Tracked Changes Revised Draft LPP 3.2	13/207752
5View.	Attachment 5 - Final Revised Draft LPP 3.2	13/207753	Minuted
6View.	Attachment 6 - Local Planning Policy 'Centres'	13/207764	Minuted
7View.	Attachment 7 - Local Planning Policy 'Corner Stores'	13/207765	Minuted
8View.	Attachment 8 - Letter Regarding Employment Generation	14/64092

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Town Planning Schemes & Structure Plans

File Ref:                                              3381-37 – 13/216936

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider submissions received during public advertising of Amendment No. 37 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8 (ASP 8) and adoption of the amendment.

 

Applicant	Drescher & Associates
Owner	Justin Sonia Pty Ltd
Location	Lot 170 (69) Kingsway, MADELEY
Site Area	598m2
MRS Zoning	Urban
DPS 2 Zoning	Urban Development
ASP 8 Zoning	Residential R25

 

 

Background

On 21 February 2013, Drescher & Associates, on behalf of Justin Sonia Pty Ltd (the landowner), lodged a request with the City to recode Lot 69 (170) Kingsway, Madeley from R25 to R40.  A location plan is provided as Attachment 1.

 

On 24 May 2013, the Manager, Planning Implementation forwarded a memorandum to all Elected Members, providing the opportunity for Members to request referral of the proposal to Council for consent to advertise. No such requests were received and, as such, advertising of Amendment No. 37 to the ASP 8 commenced on 18 June 2013 in accordance with Clause 9.5 of District Planning Scheme No. 2 (DPS 2).

 

On 17 September 2013, the Manager, Planning Implementation forwarded another memorandum to all Elected Members, to advise the proposal was being readvertised, due to a sign not being placed on the subject lot during the previous public comment period.  The proposal was subsequently readvertised for public comment, including a sign on the subject lot, commencing on 24 September 2013.

Detail

Amendment No. 37 to ASP 8 proposes to recode Lot 69 (170) Kingsway, Madeley from R25 to R40.  The subject lot is 598m², which, under the present R25 coding can accommodate only a single dwelling. The average site area per dwelling in an R25 coded area is 350m² as per the provisions of the Western Australian Planning Commission's (WAPC) Residential Design Codes (R Codes). Therefore the subject lot does not have subdivision potential.  If the lot is recoded to R40, it would be capable of accommodating two grouped dwellings, with potential to subdivide the land into two lots.

 

Maps of the amendment area showing the existing ASP 6 residential coding and proposed residential coding are provided as Attachment 2.

 

Consultation

During the first period of public comment that closed on 30 July 2013, the City received three submissions, all objecting to the proposed amendment.  One submission stated that a petition would be later submitted to Council.  Accordingly, a 34-signature Petition (PT02-08/13) was received by Council at its meeting on 20 August 2013.

 

The second round of public comment included the same means of advertising undertaken during the first public comment period and also included placement of a sign on the subject lot.  Administration wrote to the three submitters from the first public comment period that their previous submissions would still be taken into consideration, in addition to any new comments they wished to make. At the close of the second public comment period, which ended on 5 November 2013, one submission was received.  In addition, a 142-signature Petition (PT05-10/13) was also received by Council at its meeting on 15 October 2013.

 

The main issues raised in the submissions and the Petitions are:-

 

·        Previous refusal to recode the subject lot;

·        The development potential of subject lot and impact on amenity of adjoining properties;

·        Traffic;

·        Inconsistency with the WAPC's Directions 2031 and beyond;

·        Inconsistency with the City's Local Planning Policy 3.1;

 

A Schedule of Submissions/Petitions together with Administration's comments is provided as Attachment 3.

 

A more detailed discussion on the major issues raised in the submissions is provided in the Comment section below.

Comment

1.         Previous refusal to recode the subject lot

 

Council, at its meeting of 21 October 2008, considered adoption of Amendment No. 31 to ASP 6 to recode Lots 156 & 157 King David Boulevard and Lot 170 Kingsway, Madeley from R25 to R40 (Item PD07-10/08).  Although Administration recommended adoption of this amendment proposal, Council resolved as follows:

 

1.       REFUSE the application as submitted by Drescher & Associates on behalf of Justin Sonia Pty Ltd;

 

2.       NOTE the application does not satisfactorily address impacts of parking and traffic within the additional proposed residential developments in particular with regard to the proximity of adjacent roundabouts; and

 

3.       NOTE that several of the lots are not adjacent to useable Public Open Space and therefore inconsistent with the planning principles of Council.

 

An extract of the ASP 8 area showing the location of the lots the subject of Amendment No. 31 and the density codings of the surrounding lots is provided as Attachment 4.

 

The subject lot can be differentiated from the other lots which formed part of Amendment No. 31 for the following reasons.  Lots 156 and 157 are located at the intersection of King David Boulevard and Sovrano Avenue adjoining a roundabout.

 

This roundabout is located in close proximity to another roundabout at the intersection of Sovrano Avenue and Kingsway and submittors to Amendment No. 31 raised concern regarding on-street parking near the roundabouts, which led to Council not supporting the amendment. 

 

In the context of the current amendment proposal, Lot 170 is not located at the roundabout but on a controlled access place system (CAPS) road. Therefore any incidental parking on the CAPS road would not impact on the normal flow of traffic on the surrounding road network. In regard to the third resolution above it is noted that the subject lot is situated directly opposite Kingsway Regional Sporting Complex.

 

2.         Development potential/impact on amenity

 

The R Codes development standards for a R40 development in regard to frontage and primary street setback differ from those of a R25 development. These are discussed below:

 

a)         Frontage

 

The subject lot has a frontage of approximately 18 metres, consistent with the other R25 lots to the east which have frontages ranging between 18 and 23 metres.  The R-Codes prescribe a minimum frontage of 8 metres for R25 lots, and do not prescribe a frontage for R40 lots.  Therefore, if the subject lot were to be recoded to R40, two 9-metre-wide lots could be created.  Alternatively, a green-title battleaxe development could also be considered resulting in a 14 metre frontage lot and a battleaxe lot serviced by a 4 metre wide driveway.

 

b)         Primary street setback

 

The R-Codes prescribe a 6 metre primary street setback for R25 land, which can be reduced to 3 metres with an average of 6 metres as of right.  The average front setback for the 10 R25 residential lots to the east of the subject lot is approximately 5.95 metres to garages and 6.75 metres to dwellings.  If the subject lot were to be developed at its current R25 coding, a primary street setback of a minimum 3 metres for the dwelling with an average of 6 metres would comply with the development standards of the R-Codes, resulting in a development which may not be consistent with the established streetscape.  If the subject lot were to be recoded to R40, a primary street setback of 2 metres with a 4 metre average would satisfy the development standards of the R-Codes. 

 

Therefore, considering the above matters, regardless of whether the subject lot remains at R25 or is recoded to R40, a proposed development on the subject land may not be consistent with the established streetscape.

 

3.         Traffic

 

Based on Main Roads Western Australia transport data, a single dwelling is assumed to generate ten vehicle trips per day (vtpd).  Under the current density coding of Residential R25, the subject lot can accommodate only one dwelling generating 10 vtpd. If the subject lot were to be recoded to R40 and developed with two dwellings, it would generate 20 vtpd, that is an additional 10 vtpd. This additional traffic is not likely to impact on the normal flow of traffic in the locality.

 

4.         Local Planning Policy 3.1: Local Housing Strategy

 

The City's Local Planning Policy 3.1: Local Housing Strategy Implementation (LPP 3.1) provides the framework for implementation of recommended density increases within the six identified Housing Precincts.  LPP 3.1 also contains provisions for consideration of proposals to increase density on land outside of the six Housing Precincts. 

The subject lot is not within the identified Housing Precincts and therefore is subject to the requirements of Clause 9.1 (b) of LPP 3.1 which requires 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 Housing Strategy and Smart Growth Strategy.

 

The subject lot is,

 

·        located within a 750 metre radius of Kingsway Shopping Centre;

·        situated within close proximity (less than 200 metres) to high frequency bus routes which connect with train stations;

·        located adjacent to the Kingsway Sporting Complex; and 

·        in close proximity to major arterial routes, educational institutions and community facilities.

 

Therefore, the proposal is generally consistent with the objectives and recommendations of the Local Housing Strategy and Smart Growth Strategy.

 

In addition, the WAPC's Liveable Neighbourhoods Policy (LN) encourages a variety of residential density and housing types to facilitate diversity and choice to meet the projected requirements of people with different housing needs.  LN encourages smaller lots and for lots of higher density to be located close to neighbourhood centres, public transport and adjacent to high amenity areas such as parks.  The proposed amendment is considered to be consistent with the objectives of LN.

 

Conclusion

 

Drescher & Associates on behalf of Justin Sonia Pty Ltd has submitted a proposal to recode Lot 170 Kingsway, Madeley from Residential R25 to Residential R40. The subject lot is adjacent to Kingsway Sporting Complex, within 750 metres of Kingsway Shopping Centre and within 200 metres of a bus stop which provides high frequency connections to nearby train stations.  The proposal satisfies the City's Housing Strategy and Local Planning Policy 3.1 and the WAPC's Liveable Neighbourhoods Policy.  It is recommended that the amendment proposal be adopted and forwarded to the WAPC for its adoption and certification.

Statutory Compliance

This Structure Plan Amendment has been processed in accordance with the requirements of DPS 2. Clause 9.6.1 of DPS 2 provides that following advertisement of a Structure Plan amendment, Council may refuse to adopt the amendment or resolve that the amendment is satisfactory with or without modifications. It is recommended that Amendment No. 37 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8 be adopted without modifications and forwarded to the WAPC for its adoption and certification.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.1    Great Places and Quality Lifestyle - People from different cultures find Wanneroo an exciting place to live with quality facilities and services.”

Policy Implications

This proposal has been assessed under the provisions of the City’s Local Planning Policy 4.2: Structure Planning and Local Planning Policy 3.1 Local Housing Strategy Implementation.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to Clause 9.6.1 (b) of the City of Wanneroo District Planning Scheme No. 2, RESOLVES that Amendment No. 37 to East Wanneroo Cell 6 Agreed Structure Plan No. 8, as submitted by Drescher & Associates on behalf of Justin Sonia Pty Ltd and as outlined in Attachment 2 of this report is SATISFACTORY and SUBMITS three copies to the Western Australian Planning Commission for its adoption and certification;

2.       Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS Amendment No. 37 to East Wanneroo Cell 6 Agreed Structure Plan No. 6, and AUTHORISES the Mayor and Director, Planning and Sustainability to SIGN and SEAL the Amendment documents once certified by the Western Australian Planning Commission; and

3.       NOTES the Schedule of Submissions received in respect of Amendment No. 37 to East Wanneroo Cell 6 Agreed Structure Plan No. 8 included as Attachment 3, ENDORSES Administration's comments and recommendations in response to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning commission and ADVISES the submittors of its decision.

 

 

Attachments:

1View.	Attachment 1 - Location Plan	14/64935
2View.	Attachment 2 - Current and proposed ASP 8 density coding	14/6354	Minuted
3View.	Amdt 37 - ASP 8 - Att - 3	14/12350	Minuted
4View.	Attachment 4 - ASP 8 map	14/6212

  

 

 

 

 

 

 

File Ref:                                              7436 – 13/154563

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       7         

 

Issue

To consider submissions on the proposed North Two Rocks Local Structure Plan No. 91 (LSP 91) to determine the modifications required and its acceptability for final approval in order to forward LSP 91 to the Western Australian Planning Commission (WAPC) for endorsement.

 

Applicant	CLE Town Planning & Design
Owner	Atlantis @ Two Rocks Pty Ltd & New Orion (Aust) Pty Ltd Two Rocks Investments Pty Ltd
Location	Lot 14 (230) Lisford Avenue, Two Rocks and Lot 206 (710) Shearwater Avenue, Two Rocks
Site Area	833.92 hectares
MRS Zoning	Urban, Parks and Recreation, Railways Reserve
DPS 2 Zoning	Urban Development, Regional Parks and Recreation

 

 

Background

On 1 February 2013, CLE Town Planning & Design, on behalf of Atlantis @ Two Rocks Pty Ltd and New Orion (Aust) Pty Ltd, landowners of Lot 14 (230) Lisford Avenue, Two Rocks and Two Rocks Investments Pty Ltd, landowners of Lot 206 (710) Shearwater Avenue, Two Rocks, submitted LSP 91 to the City for assessment and consideration.  The proposed structure plan area falls within the Yanchep – Two Rocks District Structure Plan No. 43 (DSP 43) area and is generally bounded by Agreed Local Structure Plan No. 83 – East Two Rocks to the east, Regional Parks and Recreation foreshore reserve to the west, Two Rocks Local Structure Plan No. 69 to the south and the Wilbinga Nature Reserve in the Shire of Gingin to the north.  A plan showing the location of the LSP 91 area is included as Attachment 1.

 

On 12 April 2013, the Director, Planning and Sustainability forwarded a Memorandum to all Elected Members advising of his intention to advertise LSP 91 under delegated authority and provided the opportunity for Elected Members to request the matter be referred to Council for consideration of consent to advertise prior to 19 April 2013.  No responses were received, therefore, advertising of LSP 91 commenced on 7 May 2013.  The advertised LSP 91 documentation (Part 1 statutory provisions) is included as Attachment 2.

Detail

Site

The LSP 91 area applies to Lot 14 (230) Lisford Avenue and Lot 206 (710) Shearwater Avenue, Two Rocks.  The LSP area is approximately 834 hectares and is predominantly zoned 'Urban Development' under the City of Wanneroo District Planning Scheme No. 2 (DPS 2).  A MRS Railway Reserve runs along the eastern boundary of the LSP area.  Approximately 7 hectares of land on the western boundary of the LSP area is affected by a Physical Processes Setback, pursuant to State Planning Policy 2.6: State Coastal Planning Policy (SPP 2.6). 

 

The LSP area also includes a 30 hectare site on the northern boundary which is identified by DSP 43 as Regional Open Space. The majority of the site is currently vacant, unutilised land and, with the exception of four Water Corporation production bores and boundary fences, there are no existing structures on the site.

Proposal

LSP 91, as shown in Attachment 2, has been prepared to provide the broad planning framework to facilitate development of the area and to satisfy the requirements of DPS 2.   The majority of the site is proposed to be zoned 'Residential', with three areas proposed to be zoned 'Centre' (including a portion of the Two Rocks Secondary Centre B, a District Centre and a Coastal Activity Centre), three 'Mixed-Use' zones, six 'Commercial' zones (four Local Centres and two Neighbourhood Centres) and one 'Special Use (Coastal)' zone.

 

The LSP 91 provides the framework for the creation of the following:

 

·        690 hectares of residential development for approximately 12,000 dwellings with a range of densities from R30 to R160, to accommodate an estimated population of 27,000 people;

·        A portion of the Two Rocks Secondary Centre with an indicative maximum retail floor space of 43,700m²;

·        A District Centre with retail floor space of 9,900m²;

·        A Coastal Activity Centre with retail floor space of 2,100m² and a total commercial floor space of 8,669m²;

·        Two neighbourhood centres with retail floor space of approximately 3,700m² and 7,500m² respectively;

·        Four local centres with retail floor space ranging between 300m² to 1800m²;

·        Generation of approximately 8,400 jobs for an estimated workforce of approximately 13,800 people;

·        The provision of two high school sites;

·        The provision of seven primary school sites;

·        A Central Transit Corridor linking the Two Rocks Secondary Centre, District Centre and Coastal Activity Centre, providing a rapid bus transit service and future opportunities for light rail;

·        Approximately 52.3 hectares of public open space (POS), including approximately five hectares of district open space for active playing fields;

·        The provision of 30 hectares of regional open space to be utilised for active playing fields; and

·        The provision of 22.5 hectares of conservation open space.

Consultation

LSP 91 was advertised for public comment for a period of 42 days by means of an on-site sign, an advertisement in the Wanneroo Times, North Coast Times and Sun City News newspapers, the City’s website and letters written to adjoining landowners.  The submission period closed on 18 June 2013, with eight submissions being received at the close of the submission period, including a joint submission from the Department of Transport (DoT) and Main Roads Western Australia (MRWA).  One late submission from the Department of Parks and Wildlife (DPaW) was received following close of the submission period.

 

Due to the nature of the concerns raised by the DoT and MRWA, a meeting was held at the Department of Planning (DoP) on 11 July 2013 between the City, DoP, DoT, MRWA, Public Transport Authority, CLE Town Planning & Design (the applicant), Mike Allen (planning consultant on behalf of the landowners) and traffic consultants for the applicant, to allow issues to be openly discussed and clarified where possible. 

 

Consequently, an amended joint submission was received on behalf of DoT and MRWA.  In addition, MRWA also lodged its own independent submission, bringing the total number of submissions received to ten.

 

A summary of submissions received and Administration's responses are shown in Attachment 3.  In accordance with Local Planning Policy 4.2: Structure Planning, Administration also undertook its own assessment of LSP 91 and is recommending a number of modifications as a result of this assessment.  These modifications are provided in Attachment 4 and are in addition to the modifications recommended as a result of submissions in Attachment 3.

 

The main issues raised during the advertising period and following detailed assessment by Administration relate to:

 

·        Arrangement of land uses and infrastructure on Plan A – LSP 91 map;

·        Physical Processes Setback;

·        Regional Open Space (ROS);

·        MRS Railway Reserve;

·        Light Rail Transit (LRT);

·        Co-location of primary schools and Public Open Space (POS); and

·        Ministerial Statement No. 538.

 

A more detailed discussion of the major issues considered in the assessment of LSP 91 is provided in the Comment section.

Comment

Plan A – Structure Plan Map

Plan A of LSP 91 depicts the proposed arrangement of centres and the regional road network within the LSP 91 area.  The arrangement of land uses and infrastructure depicted on Plan A of LSP 91 is generally consistent with the arrangement depicted on Plan 1 of DSP 43, however the location of some centres and the mixed use corridor have been refined by LSP 91.  In assessing LSP 91 against the requirements of DSP 43, it was determined DSP 43 was sufficiently flexible to support refinement of the graphical representation of DSP 43 through the local structure planning process.

 

Plan A to LSP 91 is provided as the last page of Attachment 2.  Plan 1 of DSP 43 is provided as Attachment 5. 

 

The statutory provisions of DSP 43 require LSP's to demonstrate compliance with the objectives and strategies of the DSP and to be generally consistent with the intent of the DSP and the general arrangement of land uses and infrastructure as depicted on the DSP map.    LSP 91 delivers a portion of the Two Rocks Secondary Centre, two Neighbourhood Centres and one Coastal Activity Centre, consistent with DSP 43.  In addition, LSP 91 provides 'Mixed Use' precincts and proposes a road network linking the Two Rocks Secondary Centre with the District Centre, Coastal Activity Centre and two Neighbourhood Centres.  Furthermore, the east-west aligned district distributor B (DDB) road is of sufficient width in the future to provide a LRT between Secondary Centre B and the Coastal Activity Centre.  The general arrangement of land uses and infrastructure in the LSP 91 area is considered to be generally consistent with that depicted of Plan 1 of DSP 43, and therefore in accordance with the requirements of DSP 43. 

 

In its submission on LSP 91, the DoP indicated they felt LSP 91 was inconsistent with DSP 43, particularly in respect to the regional road network.  DoP recommended LSP 91 be redesigned to reflect the DSP. 

 

 

Administration does not agree with this and maintains the statutory provisions of DSP 43 provide sufficient flexibility to permit refinement of the general arrangement of land uses and infrastructure through the LSP process.  Administration considers LSP 91 meets the statutory obligations of DSP 43 and should not be required to be redesigned to portray an exact replication of the DSP map.

 

As outlined above, the DDB connecting the Two Rocks Secondary Centre with the District Centre and Coastal Activity Centre is of sufficient width to accommodate a LRT in the future.  Currently, Plan A does not identify this future light rail transit system or depict any indicative public transport routes.  LPP 4.2 requires the general indicative public transport routes and stations to be depicted on the LSP map.  Accordingly Administration has recommended that Plan A be updated to include this information.

 

Physical Processes Setback

Approximately seven hectares of land on the western boundary of Lot 14 has been identified as falling within the 'Physical Processes Setback' (PPS), as defined by the WAPC's SPP 2.6.  SPP 2.6 does not preclude development within the PPS, however, it requires development to be considered within a coastal hazard risk management and adaptation planning process.  Development should only proceed once adequate management and adaptation planning measures, which accord with SPP 2.6, have been agreed.  Applications for development within the PPS must demonstrate that the proposal can be considered within one of these circumstances which are: public recreation facilities with a finite lifespace; coastally dependent and easily relocated development; Department of Defence; Industrial and commercial development; Coastal nodes; and Surf lifesaving clubs.

 

LSP 91 proposes to zone the land within the PPS as a 'Special Use (Coastal)' zone and put in place suitable development controls which will allow the land to be used within the 100 year planning timeframe as described by SPP 2.6.  The intention is for the land to remain in private ownership, to allow the landowners to develop the land and realise some value within the 100 year planning timeframe.  The concept of a 'Special Use (Coastal)' zone where land remains in private ownership is new and has not previously been proposed in the City of Wanneroo. 

 

In previous correspondence with the applicant, and in its submission to the City on LSP 91, the WAPC advised that it does not support the tenure, zoning and development of land within the PPS, and considers the land should be ceded to the Crown free of cost consistent with long standing practice.  The WAPC did, however, acknowledge that SPP 2.6 does not preclude development within the PPS, subject to a coastal hazard risk management and adaptation planning process being followed. Administration does not agree the land within the PPS should be ceded free of cost simply due to a long standing practice, particularly where there is an opportunity for the landowner to develop the land in accordance with the process outlined in SPP 2.6.  The WAPC's position not to support the tenure, zoning and development of land within the PPS is contrary to the provisions of SPP 2.6, which does entertain the idea of development within the PPS as being acceptable.

 

In written correspondence to the proponent in November 2012, prior to submission of LSP 91, the Director, Planning and Sustainability advised that whilst the City was generally supportive of the proposal to retain the portion of 'Urban' zoned land within the PPS for private development, appropriate zoning and planning controls would be necessary to ensure the land is suitably protected from coastal processes over the next 100 years.  Accordingly, LSP 91 identifies discretionary land uses within the 'Special Use (Coastal)' zone, and contains provisions which require sufficient indemnification to the City against loss or damages arising from coastal processes, including title search, erosion, sea level rise and the like.  Under the proposed LSP provisions, proponents must demonstrate that any buildings proposed are readily capable of removal and relocation, or designed so as to adapt to/withstand temporary rising flood waters caused by sea level rise. 

 

In addition, LSP 91 proposes to limit the term of planning approval within the 'Special Use (Coastal)' zone to thirty years with any extensions to this timeframe subject to application and further consideration by Council. 

 

Currently, LSP 91 does not contain any commitment to following a coastal hazard risk management and adaptation planning process for development in the 'Special Use (Coastal)' zone.  In this regard, Administration does not consider LSP 91 adequately responds to the requirements of SPP 2.6. Administration has therefore recommended a modification to require preparation of a Coastal Hazard Risk Management and Adaptation Plan in accordance with SPP 2.6, as part of a Foreshore Management Plan, which will be required as a condition of subdivision.

 

Furthermore, Administration does not consider LSP 91 adequately demonstrates the proposed land uses within the 'Special Use (Coastal)' zone can be considered in accordance with SPP 2.6.  Accordingly, Administration has recommended that additional text is inserted into the statutory provisions of LSP 91 to require proponents wishing to develop within the PPS, to demonstrate the proposed land use can be considered within the circumstances identified by SPP 2.6, at the time of application for planning approval under DPS 2.

 

Administration is satisfied that recommended modifications relating to the 'Special Use (Coastal)' zone respond to the requirements of SPP 2.6 and will ensure development within this zone is only considered following an appropriate coastal hazard risk management and adaptation planning process.

 

Regional Open Space

There are two areas identified as ROS by LSP 91 including a 12 hectare site abutting the foreshore reserve and a 30 hectare site abutting the northern boundary.  The 12 hectare site is currently reserved as 'Parks and Recreation' under the MRS primarily for the purpose of retention of foreshore dunes.  The 30 hectare site is identified by DSP 43 as ROS to meet future active recreational needs of residents within the Yanchep – Two Rocks community, however, is still zoned 'Urban' under the MRS.   Attachment 5 shows the location of the proposed ROS within the LSP 91 area.

 

As yet, the WAPC has not initiated an MRS amendment to reserve this land for 'Parks and Recreation'.  If the intention of the WAPC is to reserve the 30 hectare site for ROS as identified by DSP 43, the land should be reserved under the MRS.  The applicant has requested Council's formal support to request the WAPC initiate an amendment to the MRS to reserve this land.  This request is considered appropriate and has been included in Administration's recommendations.

 

MRS Railways Reserve

LSP 91 depicts the MRS Railways Reserve along the eastern boundary of Lot 206 Shearwater Avenue.  Amendment 1248/57 to the MRS has been initiated and proposes to realign the Railways Reserve to accord with the indicative alignment depicted on DSP 43.  Council considered a report regarding MRS Amendment 1248/57 at its meeting on 17 September 2013 (PS09-09/13) and supported the realignment of the Railways Reserve to be consistent with DSP 43, where the Railways Reserve is realigned north of the Yanchep City Centre to align with a Primary Regional Road Reservation which will accommodate the future Mitchell Freeway extension.  

 

MRS Amendment 1248/57 is likely to be gazetted shortly and the land currently reserved for Railways within the LSP 91 area will be rezoned to 'Urban'.  It is considered prudent to cater for the unlikely possibility that the amendment is not gazetted and the land remains reserved for Railways.  If the land remains as Railways Reserve, there would be a need to consider and manage the impacts of noise on sensitive land uses within close proximity to the reserved land should a railway be constructed in the future. 

 

Accordingly, Administration has recommended a modification to require a detailed noise assessment and noise management plan for sensitive land uses affected by the Railway Reserve in accordance with State Planning Policy 5.4: Road and Rail Transport Noise and Freight Considerations in Land Use Planning (SPP 5.4).

 

Light Rail Transit

The DDB road which connects the Two Rocks Secondary Centre, District Centre F and the Coastal Activity Centre is of sufficient width to accommodate LRT in the future.  If LRT was developed it would not be until the LSP 91 area is near full build out, which could be between approximately 40 to 50 years. It is also possible that the LRT may never be developed within the LSP 91 area.  Given the possibility that this DDB could accommodate LRT in the future, Administration considers LSP 91 should address potential impacts LRT may have on noise-sensitive land uses abutting the proposed LRT alignment.

 

SPP 5.4 provides guidance for land use planning for new rail infrastructure in the vicinity of existing of future noise-sensitive land uses (such as dwellings).  Further, SPP 5.4 requires noise assessments to be conducted where new rail infrastructure is proposed in the vicinity of future noise-sensitive land uses.  Where necessary, the noise assessment will inform a noise management plan which could propose noise mitigation measures such as quiet house design.  Schedule 2 of SPP 5.4 states a detailed noise assessment should be provided where a future railway is proposed within 100 metres of an existing major transport corridor.

 

Currently, LSP 91 does not consider the potential noise impacts associated with LRT on sensitive land uses in close proximity to the future LRT alignment.  Recognising that development of the LRT is not guaranteed, Administration does not consider the proponent should be required to provide a noise assessment and/or noise management plan as prescribed by SPP 5.4.  If this requirement was included within LSP 91, there is the potential for costly noise mitigation measures being required to be incorporated into the design of dwellings.  This would be fruitless in the event the LRT was never developed and ultimately would just increase the construction costs for future residents for no real benefit.

 

Whilst Administration does not agree that a noise assessment and/or management plan is necessary, it does consider that landowners abutting the LRT alignment should be notified about the potential for LRT development.  Accordingly, Administration has recommended a modification requiring a notification to be placed on the certificates of title of proposed lots within the vicinity of the LRT alignment advising them that a LRT may be developed in the future and it could impact upon amenity.  This notification will ensure landowners are aware of the potential LRT within the DDB alignment.  If the LRT was developed in the future, it would be the responsibility of the developer to ensure appropriate mitigation measures were implemented to minimise noise and vibration impacts on nearby sensitive land uses.

 

Co-Location of Primary Schools and Public Open Space

The City of Wanneroo's Northern Coastal Growth Corridor Community Facilities Plan (NCGCCFP) has identified the need for district open space (DOS) within the LSP 91 area.  LSP 91 proposes a five hectare site for this purpose, co-located with a ten hectare high school on the eastern boundary of the LSP area.  Following an assessment of this DOS, it was determined the proposed five hectare site is too small to accommodate the facilities required, which include two full size multi-purpose playing fields and one full size soccer/rugby oval.  The plan from the NCGCCFP showing the location for the DOS is provided as Attachment 6.

 

LSP 91 proposes seven primary schools within the LSP area, with six of these co-located with POS.  Each co-located primary school site is 3.5 hectares in size and development of sporting fields for school use would be shared between the 3.5 hectare school site and adjoining POS. 

 

 

Administration discussed the need to achieve a larger DOS area, following which it was agreed that five of the proposed co-located primary schools would be modified to stand-alone four hectare sites, with these five primary schools accommodating their own sporting fields.  The balance of land currently shown within the co-located school site area, however, as a result of this modification will fall outside of the stand-alone four hectare site, will be zoned 'Residential'.

 

The balance of POS which results from this modification is proposed to be used to increase the size of the five hectare DOS site co-located with the high school to 8.5 hectares, which would then be of sufficient size to accommodate the infrastructure required.   An additional 1.5 hectares of the surplus POS is proposed to increase the size of remaining co-located POS sites by 0.5 hectare each. The proponent has prepared an indicative plan showing the proposed modifications to POS/DOS, and this is provided as Attachment 7. 

 

This modification does reduce the amount of strategic open space identified by LSP 91 by one hectare.  Ultimately the proponent will still need to provide a minimum of 10% POS across the LSP 91 area in accordance with Liveable Neighbourhoods.  LSP 91 currently identifies approximately 6.5% of the gross subdivisible area as strategic open space, with the final location and size for the balance of POS being subject to assessment against Local Planning Policy 4.3 at the subdivision application stage.  Therefore, Administration considers the slight reduction in strategic open space identified by LSP 91 to be acceptable.

 

The Department of Education (DoE) has already given its support for the location of schools proposed by LSP 91.  Administration has verbally discussed the proposed modifications to the POS arrangement with the DoE and obtained its 'in-principle' support to the modified proposal. The DoE is supportive of a sufficiently sized DOS being provided to ensure adequate playing fields are available within the district which can be used by schools. 

 

Ministerial Statement No. 538

The DPaW is of the view LSP 91 does not adequately address the conditions of Ministerial Statement 538, in relation to the protection of regionally significant vegetation surrounding the LSP area.  Ministerial Statement No. 538 was prepared in response to Amendment No. 787 to the City's Town Planning Scheme No. 1 to rezone the Yanchep/Two Rocks area from 'Rural' and "Residential Development' to 'Urban Development', Centre' and 'Industrial Development'.  The Ministerial Statement was endorsed by the Minister for the Environment on 15 February 2000 and the provisions of the Statement are contained in Schedule 12 to DPS 2. 

 

The LSP 91 area is bounded by Bush Forever site 397 to the west and Bush Forever site 406 (Wilbinga Conservation Reserve) to the north.  Ministerial Statement 538 requires regionally significant vegetation (Bush Forever sites) to be protected from impacts associated with development of the LSP area through the following measures:

 

·    Clear delineation of regionally significant areas of vegetation from the amendment area through the use of dual use paths, rods, public open space areas and the like;

·    Control of off-road vehicle use and dumping of rubbish;

·    Fire management; and

·    Promotion of community awareness of bushland protection.

 

In addition, Ministerial Statement 538 required the preparation and implementation of the following Environmental Management Plans for a range of lots within the Yanchep-Two Rocks district, including the LSP 91 area:

 

·    Stygofauna and/or Troglobitic Fauna Management Plan;

·    Drainage, Nutrient and Water Management Plan;

·    Karst Management Strategy;

 

·    Solid and Liquid Waste Management Plan; and

·    Aboriginal Culture and Heritage Management Plan.

 

With the exception of the Drainage, Nutrient and Water Management Plan (now referred to as an Urban Water Management Plan), LSP 91 does not include any of the other Management Plans referred to by Ministerial Statement 538. 

 

Discussion of how LSP 91 responds to the requirements of Ministerial Statement 538 is provided below.

 

Protection of regionally significant vegetation

 

Delineation between Bush Forever and LSP 91 area

LSP 91 identifies the need for a road interface between the Bush Forever sites and the LSP area to be provided as a minimum to reduce the chance of rubbish and weeds entering the Bush Forever sites from the LSP 91 area.  Additionally, LSP 91 discusses the need for fencing of the boundary of the Bush Forever area to deter uncontrolled access and protect the Bush Forever sites.  The Landscape Concept Plan provided in Part 3 depicts a dual use path separation between the northern regional open space and the Wilbinga Conservation Reserve.  Ultimately, all of these measures will be incorporated into the detailed design of the LSP 91 area, which will occur at the subdivision stage.  Administration is satisfied the LSP demonstrates that the detailed design of LSP 91 will provide a clear delineation between the Bush Forever sites and the LSP area and therefore meets the requirements of Ministerial Statement 531.

 

Off Road Vehicle use/Dumping of rubbish

Control of off-road vehicle use is managed through the Control of Vehicles (Off-road areas) Act 1978 and dumping of rubbish is managed through the Litter Act 1979.  Given these issues are governed by independent legislation, Administration does not consider LSP 91 is required to address them directly, but has noted that LSP 91 has identified that fencing is required to the Bush Forever sites which would assist in control of off-road vehicle impacts and dumping or rubbish. 

 

Fire Management

A Bushfire Hazard Assessment was provided as part of LSP 91, consistent with the requirements of LPP 4.2. The Part 1 statutory provisions of LSP 91 require a Fire Management Plan to be provided at the subdivision application stage.  Therefore, Administration is of the view LSP 91 has provided sufficient information at the structure planning stage to satisfy the requirements of Ministerial Statement 531. 

 

Community awareness for bushland protection

LSP 91 is a broad level planning document which provides the framework for the future development of the structure plan area.  Issues such as promotion of community awareness of bushland will be considered during the detailed design stage for development adjacent to, or within conservation areas, including any future development which is integrated with the Wilbinga Conservation Reserve.  There is no requirement for LSP 91 to address this issue at the structure planning stage.

 

Environmental Management Plans

 

Karst Management Strategy/Stygofauna and/or Troglobitic Fauna Management Plan

Ministerial Statement 538 requires proponents to review existing geotechnical information and undertake further site investigations to confirm the nature and extent of karst landform at the local structure planning stage.  The presence of karstic features would in turn indicate that subterranean fauna may be present in the area requiring further studies to determine the extent of populations. 

 

The Office of the Environmental Protection Authority has advised that there would be no expectation for the proponent to prepare management plans as prescribed by Ministerial Statement 538, where studies show the likelihood of karsts and subterranean fauna is low.

 

DSP 43 requires a karst investigation to be undertaken for each structure plan area prior to lodgement of the structure plan.  A karst investigation specific to the LSP 91 area did not accompany the structure plan.  The proponent has relied on information from karst and geotechnical reports undertaken at the district structure planning stage and a desktop geotechnical study for the East Two Rocks Agreed Structure Plan No. 83 (ASP 83) area to demonstrate the likelihood of karst landform as low.  Administration is of the view that LSP 91 should be updated to include a desktop assessment specific to the structure plan area and has recommended a modification accordingly.  In the event the desktop assessment identifies karstic features within the LSP area, the proponent would be required to undertake further studies to determine the extent of karstic features and subterranean fauna assemblages and prepare relevant management plans to comply with the requirements of Ministerial Statement 538.

 

Solid and Liquid Waste Management Plan

Ministerial Statement 538 requires a Solid and Liquid Waste Management Plan to be prepared for 'Industrial' land to identify desired environmental outcomes and waste disposal options.  As LSP 91 does not propose any 'Industrial' land, a Solid and Liquid Waste Management Plan is not required.

 

Aboriginal Culture and Heritage Management Plan

Ministerial Statement 538 requires an Aboriginal Culture and Heritage Management Plan to be prepared to identify management strategies for identified archaeological sites.  There are no identified Aboriginal heritage sites within the LSP 91 area and therefore preparation of a Management Plan is considered unnecessary at this stage.  It should be noted that Aboriginal Heritage Act 1972 requires protection and reporting of any unregistered Aboriginal Heritage sites during the development of the LSP 91 area.  If required, management strategies shall be prepared and implemented in accordance with the Act.

Conclusion

Considering the above comments, the draft LSP 91 is considered to be acceptable, subject to the recommended modifications included in Attachment 3 and Attachment 4 to this report being made.

Statutory Compliance

This Structure Plan has been processed in accordance with the requirements of DPS 2.  Clause 9.6.1 of DPS 2 provides that following advertisement of a Structure Plan, Council may refuse to adopt the Structure Plan or resolve that the Structure Plan is satisfactory with or without modifications. It is recommended that the Local Structure Plan be approved subject to the modifications included in Attachment 3 and Attachment 4.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “1     Environment - A Healthy and sustainable natural and built environment

1.1    Environmentally Friendly - You will be part of a community that has a balance of environmentally friendly development and conservation areas for future generations to enjoy”

 

 

"2      Society - Healthy, safe, vibrant and active communities

2.1    Great places and quality lifestyle - people from different cultures find Wanneroo an exciting place to live with quality facilities and services.

Policy Implications

Administration's assessment of LSP 91 has been undertaken in accordance with Local Planning Policy 4.2: Structure Planning.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No.2 RESOLVES that the North Two Local Structure Plan No. 91 dated December 2012 submitted by CLE Town Planning & Design on behalf of Atlantis @ Two Rocks Pty Ltd, New Orion (Aust) Pty Ltd and Two Rocks Investments Pty Ltd and included as Attachment 2 is SATISFACTORY, subject to the modifications specified in Attachment 3 and Attachment 4 being made to the satisfaction of the Director Planning and Sustainability;

 

2.       REFERS the North Two Rocks Local Structure Plan No. 91 to the Western Australian Planning Commission for its adoption and certification in accordance with Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2;

 

3.       Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS the duly modified North Two Rocks Local Structure Plan No. 91 documents and AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the documents once certified by the Western Australian Planning Commission;

 

4.       NOTES the Schedule of Submissions included in Attachment 3 ENDORSES Administration's responses to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission, and ADVISES the submitters of its decision;  and

 

5.       REQUESTS that the Western Australian Planning Commission initiate an amendment to the Metropolitan Region Scheme to formally reserve the 30 hectare land parcel identified as Regional Open Space in the Yanchep Two Rocks District Structure Plan No. 43 from 'Urban' to 'Parks and Recreation'.

 

 

Attachments:

1View.	Attachment 1 - Location Plan	13/209561
2View.	Attachment 2 - Part 1 Advertised version	13/55247	Minuted
3View.	Attachment 3 - Schedule of Submissions	14/69877	Minuted
4View.	Attachment 4 - Schedule of Internal Modifications	14/69878	Minuted
5View.	Attachment 5 - DSP 43 Map	13/209858
6View.	Attachment 6 - NCGCCFP	13/213149
7View.	Attachment 7 - Plan showing modification to DOS/POS	13/201659

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

City Businesses

Property

File Ref:                                              6261 – 13/211113

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider supporting the Wanneroo Community Men's Shed (Inc.) (WCMS) proposal in-principle to lease a portion of Lot 500, Reserve 10845, Leach Rd, Wanneroo to develop and construct a concrete tilt slab building, subject to obtaining Lotteries Commission funding.

 

Background

The WCMS was formed in 2009 and is a 'Not-for-Profit' charitable organisation that currently leases a 1,250m² portion of Lot 1, Wade Court, Girrawheen (Lot 1) (refer Attachment 1). Lot 1 encompasses a total area of 2,532m² and is owned in freehold by the City under Certificate of Title Volume 1993 Folio 65.

 

The existing 1,250m² leased premises from which the WCMS operates comprises an un-bituminised car park and a building known as 'Daisy House'.  The western portion of Lot 1 that abuts Koman Way, Girrawheen comprises an unutilised and un-leased grassed area of 1,228m² and a 54m² shed that is leased to the Lions Club of Girrawheen (Inc.) that is located in the far north-west portion of Lot 1.

 

The WCMS's existing three (3) year lease with the City commenced 1 September 2011 and is scheduled to expire 31 August 2014.  The lease provides for a further two (2) year option commencing 1 September 2014 should the WCMS elect to exercise its option.

 

The WCMS is a charitable organisation which was formed as a place for men to come together in the community for camaraderie and to participate in hands on projects such as computer refurbishment and wood and metal works.  Since its incorporation in March 2010, the WCMS has expanded rapidly.  The WCMS computer refurbishment programme has been a particular success and enabled the WCMS to consolidate a unique role in the community that has enabled it to become self-funding, self-sufficient and self-sustaining.

 

Such is the success of the WCMS that it has quickly outgrown the premises it currently leases and it is unable to increase its membership numbers until such a time as it has more appropriate accommodation.  The long term sustainability of the WCMS current operation is subject to question unless a solution is found to its current accommodation problem.

 

The WCMS initially approached Administration in May 2012 requesting consideration to an extension to its lease tenure and potential building and car park expansion into the un-leased western portion of Lot 1.  Following preliminary discussions with Administration, the WCMS began to investigate and explore several potential building renovation, extension and car parking options at its existing leased premises.

 

It subsequently became apparent to both parties that there are several issues in respect of further developing both the WCMS's existing leased premises and the unleased portion of Lot 1.

The WCMS initial proposal to construct a new workshop over the majority of the existing un-bituminised car park that services 'Daisy House' compromised the viability of the project as it did not take into account sufficient car parking to service the building. The existing car park is already at maximum capacity and WCMS members currently utilise car parking bays of the abutting Summerfield Shopping Centre, Lot 4, Wade Court, Girrawheen. In order to rectify the car parking shortage, the WCMS suggested utilising the un-leased south-western portion of Lot 1. However, the proposal did not take into account the existing vegetation. In order for this portion of Lot 1 to be utilised as a conforming car park, clearing permits would be required from the Department of Environment Regulation due to the number of trees, grass trees and native palms on-site. Any development of this densely vegetated area would also have required the City to undertake community consultation with residents of Koman Way, Girrawheen as a new car park on the proposed portion of Lot 1 would impact on their visual amenity. Further, there is already increased vehicular traffic and street parking in Koman Way during school terms from the nearby Hudson Park Primary School located at Lot 102 Arnos Way, Girrawheen. 

 

In addition, whilst there are no immediate plans for Administration to develop Lot 1, it is City freehold land zoned 'Urban' under the Metropolitan Region Scheme (MRS) and zoned 'Civic and Cultural' under the City of Wanneroo District Planning Scheme No.2 (DPS2) and therefore consideration should be given to other possible uses.  As a consequence, the City and the WCMS agreed to explore other options.

 

From May 2012 until the present, there have been numerous meetings, discussions and correspondence exchanged between the WCMS and Administration in order to find a suitable solution to the WCMS's expansion plans. 

 

In order to assist the WCMS consider its options, Administration identified the following alternative sites that could potentially be utilised by the WCMS, subject to Council approval and Ministerial approval where applicable and provided the details to the WCMS for its consideration:

 

1)      Lot 990 The Broadview, Landsdale;

 

2)      Lot 5483, Park Lane, Alexander Heights; and

 

3)      Portion of Lot 500, Leach Road, Wanneroo.

 

It became apparent to the WCMS following consultation with various builders and architects that the cost to develop its existing facility at Lot 1 would cost similar, if not more than constructing an entire new purpose built facility on one of the alternative lots suggested by Administration.

 

The WCMS subsequently advised Administration that its preferred location to construct a purpose built new facility was on a portion of Lot 500, Leach Road, Wanneroo (Lot 500) (refer Attachment 2).  This is due to its preference to re-locate to a more central location such as the Wanneroo Town Centre and its desire to lease a minimum land area of 2000m² to aid development and increase its membership. The other suggested sites identified by Administration were deemed not central enough by the WCMS as the majority of its current members reside in the central Wanneroo area. The WCMS currently has approximately 60 members and estimates that if it is allowed to develop and re-locate to Lot 500, its membership would double within 2 years given the sites proximity to the Wanneroo Town Centre.

 

 

Full details of Lot 500 are as follows:

 

Land:	Lot 500, Leach Road, Wanneroo - Reserve 10845, Volume LR3147 Folio 365
Size:	Total area of Lot 500 is 4,412m2
Area currently leased:	1,962m2 portion of Lot 500 that contains a duplex property currently leased to the Wanneroo Agricultural Society (Inc.) and the Volunteer Task Force (Inc.)
Current un-leased area:	2,450m2 (refer Attachment 2)
Current Vesting Purpose:	'Community Purposes Office' purpose as per the City's Management Order
Power to Lease:	Power to lease up to 21 years subject to the consent of the Minister for Lands
MRS Zoning:	Urban
DPS2 Zoning:	Centre

 

Currently 2,450m² of Lot 500 is un-let, vacant and previously used to form part of an old BMX track on-site.  The City has the ability to lease this land under the terms of its Management Order subject to the consent of the Minister for Lands.  There is currently no consideration for its future use at this time by internal stakeholders.

 

It is unlikely that any future development at this location would result in any conflict of interest with the two existing lessee's located within the leased duplex property on the southern portion of Lot 500 or the Wanneroo Sports and Social Club (Inc.) (WSSC) that lease a 19,430m² portion of abutting Lot 502, Crisafulli Avenue, Wanneroo.  The existing lessees are informally aware of the proposal and do not have any objections.

 

Lot 500 is located within an area assigned as 'Parks and Recreation' under the City's Structure Plan No. 23: Wanneroo Town Centre (ASP 23).  Planning Implementation has advised that it does not consider that an Amendment to ASP 23 is necessary to accommodate the proposed development of a Men's Shed on Lot 500 because the WCMS has outlined that its current activities include computer refurbishment, recreational woodworking and gardening.  These activities are considered to be of a recreational nature and are consistent with the Parks and Recreation classification for which the property is reserved. The City's DPS 2 stipulates that the City when considering applications for Planning Approval for land within a Local Reserve, shall have due regard to the ultimate purpose intended for the Local Reserve. Lot 500 is situated within the Showgrounds Precinct under ASP 23. The Statement of Intent for the Showgrounds Precinct is as follows:

 

"It is intended that the Wanneroo Showgrounds will continue to provide recreational opportunities for the community and contribute to the “evolved country town” character of Wanneroo. The semi-rural environmental qualities of the Showgrounds will be enhanced and its place in Wanneroo’s history acknowledged and appropriately interpreted in any future development."

 

It therefore may be considered that the proposed Men's shed provides for recreational opportunities for the community and contribute to the “evolved country town” character of Wanneroo.

 

In lieu of the above, it is not considered that an Amendment to ASP 23 is necessary to accommodate the development of a Men's Shed on Lot 500.

Detail

The WCMS is proposing to construct a purpose built concrete tilt slab Men's Shed on a portion of Lot 500.  It has submitted an artist's impression of the proposed building (refer Attachment 3) along with draft plans (refer Attachment 4). It is proposed that the main construction materials would be concrete for floors and tilt panel for the buildings walls.  Roof material would be insulated colorbond steel.

 

The WCMS has requested that the City provide a letter of in-principle support to its proposed development to enable the WCMS to formally approach the Lotteries Commission to source the required funding to undertake the proposed project.

 

If funding is secured, it is proposed that Administration commence Agreement for lease (AFL) and lease negotiations with the WCMS, subject to Council and Ministerial approval.  Terms of both documents would likely be based on the following essential terms for the land only.  It is proposed that the following terms will be provided to the WCMS in due course for negotiation and subsequently reported to Council in a further report in late 2014:

 

AFL:

 

Land:	A 2,450m2 portion of Lot 500, Reserve 10845 (refer Attachment 2)
Lessee:	Wanneroo Community Men’s Shed (Inc.)
Commencement Date:	To commence following:   1.  Council approval to the AFL and lease; 2.  In-principle Ministerial Consent obtained to the AFL and lease; and 3.  Approval to commence development (DA) and a building licence has been granted by the City
Terms:	Development is to be in accordance with the DA issued by the City, agreed development plans and specifications, all required approvals and in compliance with applicable legislation and regulations, and an approved timetable for practical completion including fit out of the premises.   Practical completion of the development will result in the commencement of the lease agreement
Termination clause:	The existing WCMS lease on Lot 1 will be required to be surrendered prior to the commencement of the proposed new lease at Lot 500

 

 

Lease:

Land:	A 2,450m2 portion of Lot 500, Reserve 10845 (refer Attachment 2)
Lessee:	Wanneroo Community Men’s Shed (Inc.)
Use of Premises:	Provision of charitable works and services to the male community relating to health and welfare
Lease Term:	Ten (10) year land lease plus an option to renew for five (5) years
Commencement Date:	Following Practical Completion of the development (proposed to be detailed in the AFL)
Rent:	$1 (peppercorn) per annum
Rates & Taxes*:	All rates and taxes assessed on the Premises are payable by the lessee
Outgoings/Services:	All outgoings associated with the Premises, including electricity, water and gas, telephone etc shall be payable by the lessee whether billed directly or otherwise
Building Insurance:	Lessee responsibility
Contract and Risk (CAR) Insurance:	Lessee responsibility to ensure that a CAR policy is in place to ensure that the proposed construction works are insured adequately
Other Insurance (including contents, public liability, plate glass and the like):	Lessee responsibility
Maintenance of Premises and Cleaning:	Lessee responsibility
Structural Maintenance:	Lessee responsibility
Statutory Compliance:	Lessee responsibility
Ownership of Improvements to the Land:	Ownership of all improvements erected or constructed on the Land by the lessee shall at the expiry of the lease (and option period) revert to the City

*Note: The WCMS usage of the proposed new facility if built will be for charitable purposes.  The WCMS would therefore be exempt from paying Council rates.

The WCMS will be required to obtain the relevant Development Approval (DA) and Building Licence for any future proposed new building at Lot 500.

The WCMS proposes to fund the project with a combination of Lotteries Commission monies and other options such as Rotary, Lions and possibly some commercial funding.  The WCMS would be required to detail its financial capacity to undertake the proposed project to the City in greater depth in due course.

Whilst the WCMS's existing three (3) year lease of a portion of Lot 1 is scheduled to expire 31 August 2014, it is anticipated that the WCMS will exercise the further two (2) year option available as per the requirements of the current lease.  This would provide security of tenure to the WCMS at its current premises and allow for the proposed construction of the new facility at Lot 500.  Should Lot 500 be constructed and fitted out prior to the expiration of the existing lease (on the bases that the WCMS exercises its 2 years option), a Surrender of lease document will be required to be prepared and executed by all relevant parties to terminate the existing lease for Lot 1.  The proposed new lease on Lot 500 would then commence on practical completion of the building and surrender of the existing lease.

 

Further investigation into the future of Lot 1, 'Daisy House' will be required should Council support the development of Lot 500.  The building could be demolished with the land developed or sold.  Alternatively, the building could be leased to another 'Not-for-Profit' organisation subject to the relevant approvals being obtained (considering that the proposed new Tenancy Policy, whilst not yet adopted by Council states that the City should avoid leasing City freehold land to community organisations where possible).

 

 

Should the WCMS successfully source the required funding for the proposed development, a further report will be put to Council detailing the negotiated essential terms of an AFL and lease for the land, which subject to Council and Ministerial approval, will either be prepared by the City’s Property Lawyer or an external solicitor.

Consultation

Administration has advised State Land Services at the Department of Lands (DOL) of the WCMS proposal as in-principle consent would be required to any subsequent AFL and lease on behalf of the Minister for Lands, pursuant to Section 18 of the Land Administration Act 1998.  The DOL has no issue with the proposed building concept and resulting land lease, subject to the appropriate Building Licence, DA and lease consent processes taking place. The DOL has also advised that the 'Community Purposes Office' classification of the reserve is suitable for the WCMS's purpose to 'provide charitable works and services to the male community relating to health and welfare'.  An amendment to the City's Management Order will therefore not be required.

 

Should the required AFL and lease proceed at a later date, Administration will forward the legal documents to the DOL requesting formal in-principle consent.

 

Should the WCMS obtain the necessary funding to undertake the proposed development, the two existing lessee's located within the duplex property on the southern portion of Lot 500, will be formally notified in writing and provided with regular updates regarding the development from Administration as will the WSSC located on a portion of abutting Lot 502, Crisafulli Avenue, Wanneroo.  Nearby residents will also be notified in writing.

 

Property Services, Planning Implementation and Community Facilities support the concept of the proposed purpose built facility at Lot 500 subject to all relevant approvals being granted and legislative requirements met.

Comment

The WCMS has expanded rapidly since relocating to its existing leased premises in September 2011.  It is a well utilised group that has extensive community support.

 

The proposed development on Lot 500 would create a purpose built dedicated Men's Shed facility that would provide:

 

·        a gathering place for men to discuss the daily issues of life;

·        computer refurbishment;

·        computer training;

·        woodworking;

·        recycling;

·        mentoring;

·        indoor recreational games; and

·        gardening.

 

The WCMS would project manage and remain responsible for the building during and after construction, until the expiry of any future lease term (and option period) which would ensure that the City had minimal responsibility for maintenance and repairs.

 

The WCMS has researched its proposal adequately thus far and provided information to Administration detailing how other Men's Sheds have undertaken similar projects on other local government controlled land.  Administration believes that the project planning to-date by the WCMS has been undertaken with the diligence that is required for a project of this nature.

However, Administration is unable to further progress the issue until the WCMS proposed application to the Lotteries Commission is submitted and assessed by that body.  Should Council resolve to allow Administration to provide an in-principle letter of support from the City to the WCMS, it will lodge the letter with adequate plans and a suitable business case with the Lotteries Commission requesting appropriate funding for the proposed venture.

 

Administration recommends supporting the WCMS proposal at this stage as moving from its existing base at Lot 1 to a portion of Lot 500 would allow the WCMS to expand and also allow Administration to consider developing or selling Lot 1 which is owned in freehold by the City.

Statutory Compliance

Any future AFL and lease would be considered an exempt disposition (under WCMS's charitable status) under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996, which states:

“30(2)     A disposition of land is an exempt disposition if –

          (b)     the land is disposed of to a body, whether incorporated or not –

                        (i)      the objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

                        (ii)     the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;”

 

The objectives of the WCMS under the terms of its Rules of Association are:

 

·        Focal point for volunteers to contribute towards a range of community development projects;

 

·        Create a positive and welcoming environment that encourages community spirit; and

 

·        The property and income of the Association shall be applied solely towards the promotion of the objects of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members, except in good faith in the promotion of those objects.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “4     Civic Leadership - Working with others to ensure the best use of our resources.

4.2    Working With Others - The community is a desirable place to live and work as the City works with others to deliver the most appropriate outcomes.”

Policy Implications

Any future AFL or lease negotiations will be conducted in accordance with the City's Tenancy Policy.  It should be noted however that in this instance, the proposed tenure would exceed the maximum recommendation under the 'Not-for-Profit' section of that lease category.  This is because the WCMS will be required to provide long term security of tenure in order to raise the necessary funds to undertake a capital project of the proposed nature.

 

 

Financial Implications

 

Any future building constructed and/or required site works at Lot 500 will be at the full cost of the WCMS with no contribution from the City.

 

Lotteries Commission funding will be a prerequisite of any future development of Lot 500. However, there is no guarantee that a project of this size will receive the necessary funding support from the Lotteries Commission. Should Council resolve to grant in-principle support to the proposed development by the WCMS and allow the Chief Executive Officer to provide and sign a letter to the WCMS to this effect, this will allow the WCMS to approach the Lotteries Commission with the intent of sourcing the necessary funding. The WCMS has been advised by Administration that the City will not make any financial contribution to the proposed building and that the project will only occur should the relevant funding be granted by the Lotteries Commission.

 

According to the WCMS, the estimated construction value of the proposed building is $650,000, excluding ancillary costs relating to site works, servicing, car park construction and landscaping. The WCMS has advised that it intends to seek a grant from the Lotteries Commission for $800,000 for the full value of all development associated with the proposal.

 

If the WCMS obtains funding for the proposed development and if Council and the Minister for Lands ultimately approve lease of the land and if other relevant statutory approvals are obtained, then all costs associated with the development would be borne by the WCMS.

 

The WCMS is currently self sufficient and meets all operating costs at its current leased premises. Its computer refurbishment programme generates adequate income for the entity and the construction of a dedicated purpose built facility on a new site should allow the WCMS to generate more revenue from this lucrative venture along with the ability to expand into other fields to increase its revenue.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       SUPPORTS in-principle the proposed development of a portion of Lot 500, Reserve 10845, Leach Rd, Wanneroo, by the Wanneroo Community Men's Shed (Inc.) (WCMS) and AUTHORISES the Chief Executive Officer to provide and sign a letter to the WCMS to this effect to enable the WCMS to approach the Lotteries Commission to request funding to facilitate the proposed project;

2.       NOTES that the proposed development of a portion of Lot 500, Reserve 10845, Leach Rd, Wanneroo by the Wanneroo Community Men's Shed (Inc.) will require separate approval from the Minister for Lands together with the relevant Development Approval and Building Licence being granted by the City; and

3.       NOTES that should sufficient funding be sourced by the Wanneroo Community Men's Shed (Inc.) (WCMS) from the Lotteries Commission, Administration will present a further report to Council for formal consideration of an Agreement for Lease and Lease with the WCMS.

 

Attachments:

1View.	Attachment 1 - Existing leased area: Portion of Lot 1, Wade Court, Girrawheen	13/213703
2View.	Attachment 2- Proposed lease area: Portion of Lot 500, Leach Rd, Wanneroo	13/211128
3View.	Attachment 3 - Artists impression of proposed  building.pdf	14/43847
4View.	Attachment 4 -  Proposed Plans: Portion of Lot 500, Leach Rd, Wanneroo	14/44350

 

 

 

File Ref:                                              3714 – 14/30046

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider the funding and implementation of an environment offset package for the City's landholding in the Neerabup Industrial Area, in accordance with advice received from State and Federal Government environmental authorities.

 

Background

The City owns in freehold several major landholdings which form part of the Neerabup Industrial Area (NIA) (refer Attachment 1). Lots 9000, 9003, 41 and portion of Lot 600 Neerabup represent approximately 212 hectares of the total area of 1,032 hectares of the NIA.

 

In order to determine the developable area of the City's NIA landholdings, the City engaged environmental consultants, Eco Logical Australia Pty Ltd (Eco Logical), to carry out an environmental assessment of the subject land and formulate an environmental offset package that could be presented to the relevant Government authorities. 

 

In October 2013 Eco Logical lodged a proposed environmental offset package on behalf of the City, with the Department of Parks and Wildlife (DPaW) at State level and with the Federal Government's Department of the Environment (DotE) for consideration and determination.

 

The offset package proposed:

 

·        the purchase of 295ha of land outside of the NIA, identified to be of suitable quality for direct land offsets in exchange for developing the City's NIA landholdings;

·        to remove and relocate approximately 90ha of topsoil from the City's NIA landholdings to an offsite location;

·        to retain and maintain 50ha of natural bushland within Lots 9000 and 41, Neerabup as a conservation area;

·        to retain and maintain 24 Mary Street, Wanneroo as conservation area. Lot 24 is 4 hectares in area, owned Freehold by the City and whilst not registered "bush forever" has vegetation cited as very good to excellent (thus significantly reducing the prospect of future development on that site); and

·        the rehabilitation of 20ha of Pinjar Park located on Old Yanchep Road, Pinjar formerly used as a landfill site.

 

The developable area resulting from the City's offset package is depicted in Attachment 2.

 

The DotE considered the City's proposed offset package in liaison with DPaW and has recently presented an amended offset package to the City. This amended proposal does not affect the developable area depicted in Attachment 2.

Detail

Following consideration of the City's offset package by DPaW and DotE, an amended environmental offset package was presented back to the City by the DotE.

 

The amended offset package proposes:

 

·        to increase the purchase of suitable quality direct offset land from 295ha (as initially proposed) to 650ha. DotE inferred a preference for landholdings classified as 'good' to 'excellent' within the Gingin area;

·        to cede free of cost to the Crown as a Class 'A' Nature Reserve, the identified 50ha of conservation quality vegetation within Lots 9000 and 41, Neerabup as defined on attachment 2;

·        to cede free of cost to the Crown the whole of Lot 24 Mary Street, Wanneroo  as a Class 'A' Nature Reserve; and

·        the rehabilitation of 20ha of Pinjar Park located on Old Yanchep Road, Pinjar formerly used as a landfill site.

 

For the City's submission to proceed, both the State and Federal Government authorities require formal commitment from the City that it agrees to and will fund the implementation of the proposed (amended) Environmental Offset Package as outlined above.

Consultation

The City has engaged the services of environmental consultants Eco Logical, working in conjunction with both State and Federal environmental agencies in negotiating the terms and conditions of an Environmental Offset Package for the NIA.

 

The City has also appointed APP Corporation Pty Ltd (APP) to provide an order of magnitude business case for future development options and potential for the NIA.

Comment

According to DotE, the expected cost of the direct land offsets is estimated to be $450,000 for the purchase of 650ha of suitable quality land based on preferential landholdings identified in the Gingin area. In addition, it was estimated that implementation and management of ongoing maintenance is expected to cost in the vicinity of $200,000 (Net present value over 10 years capitalised).

 

DotE advised Administration that due to minimal success rates with the relocation of topsoils in the past, that the process was no longer favoured and that the purchasing of additional suitable landholdings was simpler and a preferred alternative. This will reduce the cost of the offset package by up to $1m.

 

Based on the amended figures, Administration has compiled a table included as Attachment 3 highlighting the potential savings in the Environmental Offset Package.

 

Therefore the indicative cost to be incurred by the City for the purchase and ongoing maintenance of land incorporated in the amended offset package is estimated at $2,045,000, compared to approximately $3,065,000 for the City's original offset proposal.

 

Furthermore, the City was informed by DotE that it would be viewed as favourable for the City to transfer the freehold ownership of the 50ha environmentally constrained portion of Lot 9000 Neerabup and Lot 24 Mary St, Wanneroo to be conserved as Class 'A'  nature reserves. The DotE is considering whether the greater protection offered by these Class 'A' reserves would justify it reducing the direct offset purchase to less than 650 hectares. In this regard, Administration's recommendation 3 proposes an authorisation to the Manager Property Services to negotiate the purchase of a lesser area of land on this basis.

 

Along with addressing environmental issues within the NIA, the City is currently investigating development options and the feasibility and viability of developing its landholdings the NIA.

 

This follows from Council's decision on 10 December 2013 (CB02-12/13) to appoint a consultant to provide a business case for the City's freehold landholdings within the NIA.

 

The services of the consultant are required for the development of an order of magnitude (cost estimate) business case, to provide Council with sufficient information to make informed decisions regarding the future development of the City's landholdings.

 

Finalisation and endorsement of an Environmental Offset Package for the NIA will significantly benefit the City, as it will formally define and authorise the developable area of the NIA and assist with Council's future development decisions.

 

The State and Federal environmental authorities now require the City to formally commit to funding the implementation of the conditions the Environmental Offset Package as outlined in amended proposal.

Statutory Compliance

Any future development and/or disposal of the City's landholdings within the NIA must be undertaken in accordance with Sections 3.57, 3.58 and 3.59 of the Local Government Act 1995.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “3     Economy - Progressive, connected communities that enable economic growth and employment.

3.2    Growing Business - Our community is a preferred place for business to locate and grow.”

Policy Implications

Nil

Financial Implications

The indicative cost of $2,045,000 will be required to fund the purchase and maintain environmental offset landholdings for the Neerabup Industrial Area. This is planned to be accommodated within the City's 2014/2015 Capital Works Programme and beyond, under PR-1006 pending the adoption of the Draft 10-Year Infrastructure Capital Works Program 2014/2015 to 2023/2024.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.         NOTES the Department for the Environment and Department of Parks and Wildlife's revised Environmental Offset Package for clearing and development of the City's landholdings in the Neerabup Industrial Area, comprising the following:

 

 

          a)      Purchase of 650 hectares of suitable quality direct offset land within the Gingin area classified as 'good' to 'excellent';

 

          b)      Ceding free of cost to the Crown as a Class 'A' Nature Reserve, the 50 hectares of Lots 9000 and 41 Mather Drive, Neerabup as depicted in Attachment 2;

 

          c)      Ceding free of cost to the Crown as a Class 'A' Nature Reserve, the whole of Lot 24 Mary Street, Wanneroo; and

 

          d)      Rehabilitation of 20 hectares of the former Pinjar Park Landfill Site (Reserve11598 Old Yanchep Road, Neerabup).

 

2.       NOTES the cost of implementing the Environmental Offset Package referred to in 1. above is estimated to be in the order of $2.04 Million and LISTS this amount for consideration in the City's 10 Year Capital Works Program, generally in accordance with the staging in the table in Attachment 3;  and

 

3.       ADVISES the Department for the Environment and Department of Parks and Wildlife that Council AGREES to the revised Environmental Offset Package for clearing and development of the City's landholdings in the Neerabup Industrial Area, as outlined in 1. above, and AUTHORISES the Manager Property Services to seek to negotiate the purchase of less than 650 hectares of land for direct offset, on the basis that the ceding of 50 hectares of Lot 9000 and 41 Mather Drive, Neerabup and all of Lot 24 Mary Street, Wanneroo as Class 'A' Nature Reserves warrants a reduced requirement for offsite offset land.

 

 

 

Attachments:

1View.	NIA - ASP No.17 - Tenure	14/32981
2View.	NIA - Eco Logical - Offset Package Subject Lots	14/56447
3View.	NIA - Planned Environmental Offset Package	14/47047	Minuted

  

  

 

Infrastructure

Infrastructure Projects

File Ref:                                              10999 – 13/208904

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider the outcomes of the investigation of noise attenuation options for the section of Ocean Reef Road adjoining Shiraz Boulevard, Pearsall.

 

Background

At its meeting of 2 April 2013 Council considered Motion on Notice MN01-04/13 addressing the existing right turn movement from Brady Street onto Ocean Reef Road, and resolved the following:

"1.  SUPPORTS the part closure of the Brady Street/Ocean Reef Road junction to prevent vehicles traffic turning right from Brady Street onto Ocean Reef Road;

2.   REQUESTS Administration to invite public submissions on this part closure in accordance with Section 3.50 of the Local Government Act 1995 and report back to Council on the outcomes of this process; and

3.   LISTS an amount in the 2013/2014 budget for detailed investigation and design for noise attenuation treatments along Shiraz Boulevard."

Resolution 1 was noted by Administration, with Resolution 2 followed up through presentation of a report at the Council meeting held on 12 November 2013 (IN05-11/13).  Follow-up associated with Resolution 3 is the subject of this report.

 

The City has received numerous complaints over the past two years about traffic noise emanating from Ocean Reef Road and its impact on residents of Shiraz Boulevard between Higginsville Parade and Archer Street. Council subsequently approved funds of $50,000 in the 2013/2014 Capital Works Program for investigation and concept design for sound attenuation options (Project No. PR-2617). The prime purpose of this investigation was to review the impact of noise arising from traffic on Ocean Reef Road and the outcome of the Transport Noise Assessment Report (June 2012), with a view to determining noise attenuation options and associated costs.

Detail

In 2009, the Western Australian Planning Commission developed State Planning Policy 5.4 Road and Rail Transport Noise and Freight Consideration in Land Use Planning (the Policy) for major roads.

 

The Policy provides guidance on measures to minimise the adverse impacts of transport noise on surrounding noise sensitive land uses.  It seeks to reduce noise impacts without placing unreasonable restrictions on noise-sensitive developments, or adding unduly to the cost of transport infrastructure and applies to either the construction of a new transport corridor or the construction of a new development adjacent to an existing or future transport corridor.

 

The objectives of the Policy are to:

·        Protect people from unreasonable levels of transport noise by establishing a standardised set of criteria to be used in the assessment of proposals;

·        Protect major transport corridors and freight operations from incompatible urban encroachment;

·        Encourage best practice design and construction standards for new development proposals and new or redevelopment transport infrastructure proposals;

·        Facilitate the development and operation of an efficient freight network; and

·        Facilitate the strategic co-location of freight handling facilities.

 

With regard to road traffic noise, the Policy applies only to major roads, which are defined as one of the following:

·        State roads and national highways;

·        Urban primary distributors, as described on the metropolitan functional road hierarchy network;

·        Other urban roads carrying more than 20,000 vehicles per day (vpd);

·        Other rural primary distributors carrying more than 5,000vpd; and

·        Primary freight roads in the Perth metropolitan region, southwest region or state-wide.

 

SPP 5.4 applies to planning proposals that propose or are affected by major transport corridors. The SPP is given effect through structure planning provisions and subdivision and development conditions, such that where a development proposes, or is (or is potentially) affected by noise from a nearby transport corridor, then planning controls are imposed on that development to mitigate the effects of that noise.

 

SPP 5.4 does not apply to roadworks carried out by local government, because those works are carried out as 'public works' and are exempt from the need to obtain planning approvals or comply with planning schemes. As such, SPP 5.4 has no statutory jurisdiction or application over roadworks carried out by local governments, including in the case of Ocean Reef Road. SPP 5.4 acknowledges this fact and consequently expresses an 'expectation' that works carried out by public authorities should comply with the intent of the SPP; however, this in no way obliges the City, or any other local government, to comply with any part of the SPP, or carry out acoustic assessments, or install noise attenuation as part of its road construction projects.

 

In summary, whilst SPP imposes noise-related planning controls on developments affected by transport noise, it cannot and does not impose those same obligations on local governments with regard to road projects, which are exempt from the need to comply with planning schemes and policies generally.

 

The Transport Noise Assessment Report (June 2012) indicates that both the existing and predicted noise levels arising from Ocean Reef Road are above the Policy limit criteria adjacent to Shiraz Boulevard. To achieve a future noise level that is either under or no more than 3dB above the Policy limit criteria, it was indicated that a combination of a 4m high noise wall and a low-noise road surface would be required.

 

Based mainly on previous experience with the design of noise walls for Main Roads WA, the City engaged consultants GHD Pty Ltd to provide a report detailing the various noise attenuation options, concept design and associated cost estimates. A copy of the resultant report titled; Ocean Reef Road Noise Wall Options Report (January 2014) is available in the Elected Members Reading Room for further perusal.

 

In summation, the GHD Pty Ltd report has investigated precast post and panel system and a limestone block wall options for the construction of a noise wall at this particular location. The concept design proposes the wall to be positioned to allow for the following:

·        Maximise noise effectiveness and minimise the height of wall required in relation to the road level of Ocean Reef Road, thus blending better with the built environment;

·        Allow for clear zone requirements associated with fixed objects outside of errant vehicle movements;

·        Avoid costly service relocations;

·        Prevent creating areas that will trap rubbish;

·        Minimise impacts to surrounding vegetation; and

·        Cost of implementation.

 

Based on consideration of these features, the suggested wall alignment proposes two separate wall heights and lengths along Shiraz Boulevard, they being 2.5m in height between Archer Street and Traminer Way and 4m in height between Traminer Way and Higginsville Parade. The 2.5m high noise wall is shown as located on a 3m alignment from the Shiraz Boulevard carriageway, whereas the 4m high noise wall is shown located on an alignment of approximately half a metre from the shared path, this being an overall offset of 7.5m from the lane edge of Ocean Reef Road. Shared path connections have not been detailed in the concept stage and would need to be adjusted at these locations.

 

In progressing cost estimates, the GHD Pty Ltd report costed two options based on an overall wall length of 870m as follows:

 

Option 1: Precast concrete post and panel system for an estimated cost of $2.7M. This system was used by Main Roads WA on Roe Highway Stages 4 and 5, with the panels coated with patterns agreed to in consultation with residents on the property side of the wall and artistic patterns on the road side of the wall. A lesser quality product comprising of steel posts and precast concrete hollow panels is also available, and is a more functional product than aesthetic, resulting in a 10-15% reduction in overall cost than the better quality product ie $2.5M.

 

Option 2: Limestone block wall for the suggested alignment and height is estimated at $1.9M. This type of noise wall was used extensively in the construction of the Kwinana Freeway extension and Forrest Highway. The existing housing development between Shiraz Boulevard and Ocean Reef Road that begins east of Higginsville Parade consists of this option. Using limestone blocks would create the illusion that the proposed wall is a continuation of the existing wall thereby providing a consistent aesthetic for road users on the Ocean Reef Road side of the wall, though not necessarily for the Shiraz Boulevard residents.

 

Should implementation of noise walls on Ocean Reef Road, adjacent to Shiraz Boulevard, be supported then Option 2 (limestone block wall) would appear to provide the better value for money.

 

The use of earth bunds was discounted based on the following considerations:

·        The footprint of the earth bund would push the alignment of the wall towards the centre of the reserve and have a much higher impact on the existing vegetation. For example, a 1:1.5 slope earth bund 4m high (which has its own safety concerns for anyone who may choose to traverse it) would occupy a footprint width of at least 13m on level ground over the available road reserve width; and

·        Earth bunds invariably weather and potentially scour over time which can create a maintenance issue and at worst, if used with walls, the wall structural integrity may be compromised if left unattended.

Consultation

No consultation with affected residents has occurred during the concept design/cost estimate phase and preparation of the report by GHD Pty Ltd.

Comment

Administration does not support the construction of noise attenuation measures albeit that Ocean Reef Road is considered as a major road in terms of the Policy as a consequence of the vehicle per day definition.  The following reasons for Administration's position are noted as follows:

·        The Policy does not apply retrospectively to developments prior to 2009;

·        The Policy only applies to either the construction of a new transport corridor or the construction of a new development adjacent to an existing or future transport corridor;

·        The Policy is generally not used for increases in traffic noise as a result of increased traffic volumes, as is the case for Ocean Reef Road;

·        Noise walls defeat the purpose of urban planning objectives that are focussed on maintaining an open vista with unimpeded access, and to facilitate crime prevention through urban planning design principles; and,

·        It is the general practice of most Council's, so as to avoid precedence and cost impost to road construction improvements.

 

It is noted that the Western Australian Planning Commission is conditioning land subdivisional development applications that are located adjacent to arterial road alignments such that noise attenuation is to be incorporated within the subdivisional and building development design to mitigate the need for any future noise wall construction.

Statutory Compliance

In 2009, the Western Australian Planning Commission developed State Planning Policy 5.4 Road and Rail Transport Noise and Freight Consideration in Land Use Planning (SPP5.4 or the Policy) for major roads.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “3     Economy - Progressive, connected communities that enable economic growth and employment.

3.3    Easy to Get Around - The community is well connected and accessible with an integrated transport approach for all.”

Policy Implications

Council, at its meeting on 28 May 2013, considered Item No IN07-05/13 - Transport Noise Assessment – Lukin Drive, Merriwa and resolved to:

 

"5.     NOTES that a draft Noise Attenuation Policy will be prepared for consideration by Council by December 2013."

 

The Director Planning and Sustainability subsequently advised Elected Members by way of a memorandum dated 8 November 2013 that Administration had assessed this matter again and will be recommending to Council that rather than prepare a separate Noise Attenuation Policy, the preferred approach is to amend the City's existing Local Planning Policy 4.2: Structure Planning (LPP 4.2). 

In this regard LPP 4.2 would be amended to make specific reference to the need to undertake a Noise Assessment in accordance with the requirements of State Planning Policy 5.4 as this policy already provides ample guidance for the City to assess the adverse impacts of transport noise on nearby noise sensitive land uses without the need for the City to prepare a separate local planning policy on the matter.  It is intended to present a separate report to Council recommending various amendments to LPP 4.2, including the noise attenuation issue as addressed in this report

Financial Implications

The cost of implementing a proposal to install noise walls on Ocean Reef Road adjacent to Shiraz Boulevard between Archer Street and Higginsville Parade is between $1.9M and $2.7M, dependent on the noise wall option chosen. There are no funds in the Ten Year Road Works Program to provide noise attenuation walls on roads within the City.

 

Should the City be called upon to fund noise walls then the only beneficiaries are the affected landowners.  As a result this may qualify for the imposition of a Specified Area Rate to recover this type of cost, however, considering the number of properties the cost per ratepayer is likely to be excessive.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the report prepared by GHD Pty Ltd entitled "Ocean Reef Road Noise Wall Options Report (January 2014)";

2.       DOES NOT SUPPORT the construction of a noise attenuation wall along the boundary of Ocean Reef Road and Shiraz Boulevard between Archer Street and Higginsville Parade, Pearsall at an estimated cost of between $1.9M and $2.7M as detailed in the report prepared by GHD Pty Ltd entitled "Ocean Reef Road Noise Wall Options Report (January 2014)"; and

3.       ADVISES property owner/occupiers of properties in Shiraz Boulevard between Archer Street and Higginsville Parade, Pearsall, of Council's decision.

 

 

Attachments: Nil

 

File Ref:                                              7819 – 13/214555

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider endorsement of the Wanneroo Civic Centre (WCC) Extension Concept Plan.

 

Background

At its meeting on 3 April 2012, Council resolved (Item CE01-04/12 refers) as follows:

"1.     REAFFIRMS the City of Wanneroo should be administered from the current Civic and Administration Centre located in the Wanneroo Town Centre to 2031 with satellite facilities being considered through the City’s libraries network; and

2.       AGREE listing for budget consideration over the next three financial years a sum of $10-$17M for the extension of the Civic and Administration Centre office accommodation, and REQUEST the Director Corporate Strategy and Performance to develop a comprehensive funding and risk model for this capital project for consideration by Council."

A Project Control Group (PCG) has been established to oversee the procurement of the WCC Extension and provide ongoing input into project development.

Critical issues that need to be addressed by this project include:

·         Activate the Town Centre's economic and community activity;

 

·         Returning civic spaces in the Town Centre to address an undersupply of community use facilities;

 

·         Providing safe parking opportunities for not only City employees and its customers, but also parents and teachers of adjoining St Anthony's School and visitors to the wider Wanneroo Town Centre;

 

·         Sufficient safe accommodation to deliver services for a rapidly growing City population.

Detail

Since the development of the current Civic Centre in 1999/2000 there has been a strong focus on this building helping to anchor the economic and community development of the Wanneroo Town Centre.  This has been complemented by the redevelopment of the St Anthony's church and school, and more recently the City's own Wanneroo Library and Cultural Centre (WLCC) and the ECU Health Centre (under construction).  In developing new civic accommodation it is critical that this role is not compromised.

 

Additionally, relocation of City Staff to community facilities, both within the Civic Centre and in other locations, has hampered the growth and effectiveness of local community organisations.  Since the completion of the WLCC in 2009 the Council expressed an aspiration to house a collective of small community groups in the space vacated by the Wanneroo Library at the Community Centre.  This has not been able to be achieved as it is currently being used to accommodate more than 50 Infrastructure engineers, designers and support staff.

Similarly, Enterprise House has not been available for use by other persons or groups (beyond the current small space occupied by the Small Business Centre and Wanneroo Business Association), due to the remaining floorspace in that building needing to be used from time-to-time for overflow Administration accommodation.

Over recent years, during peak periods for school and business operations, traffic congestion in the Wanneroo Town Centre has increased to a point where traffic is stationary at times.  Although modifications to the intersection of Wanneroo Road and Dundebar Road have assisted more vehicles to access the intersection safely, more work is required to improve peak period traffic flows in and around the Dundebar Road/Wanneroo Road/Rocca Way intersections.

The growth in the City's population is having a direct proportional impact on the need for increased staff to design, deliver and manage services for the populations in all areas within the City's boundaries.  As staff numbers have grown within the Civic Centre, safety concerns have also grown.  Overcrowding of workstations, lack of storage, conversion of meeting rooms into additional workstations and inefficient cabling (whilst being appropriately managed at present) will represent significant risks to the safety of teams working under pressure to deliver quality services for the community if additional space is not provided.

Growing Community

The current City population is estimated at 180,000 and estimated to grow to 354,000 by 2031.  To support this strong and sustained growth, the City staff numbers need to grow to continue to provide quality services to our growing community. A Workforce Planning Model has been used to determine the City's projected staff growth and office requirements up to the year 2031.

By 2031 the Workforce Plan identifies the need for at least of 524 staff to be accommodated at the Civic Centre, requiring additional accommodation for an additional 227 staff. Staff accommodated in the Civic Centre includes planners, surveyors, customer relations staff, community safety officers, rangers, health officers, financial planners, facility designers and managers, and a range of others who are essential to provide ongoing services, programs, projects and to support one of the fastest growing local governments in Australia.

The Workforce Plan has highlighted the fact that the current building was designed to safely accommodate 275 staff.  Since 2011 staff teams have been gradually relocated out of the Civic Centre as it was not able to safely accommodate the growing professional teams required to plan and deliver services.  Current staff accommodation is:

·         Civic Centre- 297 (including the Banksia Room Function Centre and lettable spaces)

 

·         Wanneroo Community Centre  - 52

 

·         Ashby Operations Centre -

 

Site Master Plan Concept

Although City owned land exists on the Dundebar Road frontage adjacent to the existing Civic Centre, investigations have identified the opportunity to build over the drainage sump at the corner of Servite Terrace and Cafaggio Crescent.  Use of this site on the north-west corner of the City's freehold Civic Centre site (Lot 505, Diagram 98944) will enable future commercial development opposite the ECU Health Centre with financial returns to fund future assets.

Additionally, the proposed placement for the Civic Centre extension predominantly over Reserve 46538 (the drainage sump), will provide direct bridge connection over the existing driveway to the Dundebar Road entrance from the public carpark and basement parking. 

A presentation was made to Council Forum on 19 February 2013 based on the draft Civic Centre Extension Concept Plan and perspective for this project. Refer Attachment 1, City of Wanneroo Drawing 2836-1-0.

The following considerations will be explored during the design development stage of the Civic Centre Extension:

·         Apply modern design principles to accommodate maximum number of staff.

·         Consider an ultimate expansion of the extension to a maximum of six-storey building above the basement area to deliver additional lettable areas for the Town Centre.

·         Consider targeting a 5 star NABERS Energy rating or a 6 Star Green Star Office Design rating.

·         Consider mobile technology that offers ease of network connection and access by staff and City customers.

Drainage Sump Acquisition (Reserve 46538)

The proposed purchase of Reserve 46538 would add 1,579m² to the Civic Centre site (Lot 505) which currently has an area of 18,422m², thereby providing a total area of 2 hectares for City Civic use. 

Negotiations by the City to acquire Reserve 46538 have been on-going with the Department of Lands (DOL) since May 2012 and in October 2013 advice was received noting that following review of the file it was determined that the Reserve was previously held in freehold title by the City and therefore sale to the City and amalgamation with lot 505 can be approved by DOL under delegated authority.  On this basis, DOL will forward an offer and acceptance to the City, with the sale price being a nominal $1,000 plus GST and associated fees.  The City is also required to formally surrender the Management Order for the Reserve so it can be cancelled and the land amalgamated with Lot 505.  This process has been commenced by Administration.

Car Parking Requirement

At present, 307 car parking bays area available for the Civic Centre, comprising 239 bays on site, 29 bays within the basement carpark and 39 bays in adjoining streets.  The proposed redevelopment will increase the total number of bays available to 409, compared to a required car parking total of 258 bays for the redeveloped Civic Centre.  This equates to a 151 bay car parking surplus.  This will primarily be achieved by turning Senario Drive and Cafaggio Crescent into one way streets with angle parking bays.

 

This modification to traffic flows will improve safety for parents and children in the vicinity of the school and also deliver a 151 car parking bay surplus which will mitigate the need to construct a Multi Level car park (previously estimated to cost in the order of $9m). It is noted that vehicle parking, with the exception of the Civic Centre basement, will be made available for general use.

The 151 new on-street car parking bays will future proof the Wanneroo Town Centre by providing a bank of parking available for future developments in the Town Centre to draw on; thus avoiding the need for each development site to provide its own on-site parking at the expense of achieving improved built form and floorspace outcomes. In this regard, the cost of providing each new surplus parking bay could eventually be recovered from future development in the town centre paying cash-in-lieu of providing its own on-site parking.

Appointment of Cost Planner and Architect

To progress the Civic Centre extension design development requires the appointment of a suitably qualified Cost Planner to assist with the costing and design for the proposed project and an Architectural Design Consultant capable of undertaking the design, documentation and construction administration of the proposed works.  These appointments will be undertaken through the City's statutory procurement process in compliance with regulations and include all appropriate risk management considerations.

Consultation

Nil

Comment

As the Wanneroo Town Centre develops and improvements to both civic and commercial infrastructure are delivered, pressures are experienced for better connected and safer access to these amenities.  Community groups are also experiencing the need to have access to reliable venues for meetings and their ongoing service delivery.  The City's Civic Centre extension project has the ability to impact positively on these pressures. 

 

At an average parking ratio of 1 bay/50 square metres of floorspace, the 151 additional parking bays identified in this proposal could provide sufficient parking for up to 7,550 square metres of new development floorspace in the Wanneroo Town Centre. In Administration's view, this would provide a major commercial incentive for attracting new high quality development to the Town Centre, because the cost of paying cash-in-lieu for each of the new on-street parking bays would likely be less than the cost of providing the equivalent number of bays on site at the time of future development. This is in terms of both real costs, as well as the commercial cost of a reduced developable area that would result from having to provide all of the required parking on the same site as the future developments.

 

Freeing up community facilities for long term use by not for profit and community based groups meets the aspirations of Council to create more self sufficient and resilient communities.  This includes the availability of function spaces for celebrations and special occasions.

 

This project is already on a critical path to deliver solutions to the growing needs of the City.  Some staff appointments are currently being deferred as there are no workstations available in the Civic Centre building to accommodate these positions. 

 

 

 

The Chief Executive Officer has requested estimated costs for temporary accommodation, either in the form of demountable buildings to be located in the carpark or other options. Additional office space is being developed at the City's Ashby Operations Centre but there are physical limitations on this space.  Discussions with local landlords to date have not identified cost effective alternative accommodation in the Town Centre.  In addition, the current use of the Wanneroo Community Centre and Banksia Function Room for staff accommodation has already reduced availability of meeting and function spaces for the community in the Town Centre.

Development of Commercial Lot Fronting Dundebar Road

Redevelopment of the Civic Centre in the manner proposed will avoid the need to extend the existing building eastwards along the Dundebar Road frontage, thus making available the currently vacant 1,600m² south-eastern corner of the Civic Centre site located at the intersection of Dundebar Road and Scenario Drive. This portion of land could be excised from the Civic Centre site and sold or leased as a commercial property, with the proceeds potentially used to offset the cost of the Civic Centre redevelopment.

 

It is anticipated that with the development of the GP Super Clinic, located immediately opposite, the proposed 1,600m² site would be commercially attractive for complementary activities, particularly in light of other upcoming development proposals in the Wanneroo Town Centre.

 

A three-storey commercial development on this portion of land could generate in the order 80 new jobs in the Wanneroo Town Centre and deliver approximately 3,800m² of new floorspace. This is based on an assumed site coverage of 80%, all of the required parking being provided in the nearby (new) on-street parking bays, and an estimated average employment rate of one job per 50m² of floorspace.

Drainage Sump Purchase

The City's management of Reserve 46538 allows it to service and maintain but not to alter its function or build over the drainage sump.  For the WCC Extension to advance it is imperative for Administration to finalise negotiations with the DOL for the acquisition of the Reserve, as this will allow unimpeded design and construction of the Civic Centre Extension on this portion of the overall WCC site.

The purchase of Reserve 46538 and the amalgamation of it into Lot 505 are well advanced and will not impact on the progress of this project.

It should be noted that there is a need to retain the existing drainage sump for site related drainage purposes until such time as construction of the Civic Centre Extension is commenced, with internal stormwater drainage works to be located within Lot 505 undertaken as part of site preparation works prior to advancing construction of the WCC Extension.

Internal Spatial Design

An appointed spatial design consultant will advance the internal planning requirements for the WCC Extension by maximising staff accommodation and adjusting existing accommodation to allow for a direct connection between the Customer Service counter and the proposed Civic Centre extension over the Drainage sump. This consultant will also prepare an area allocation for the extension based upon the spatial design concepts utilised within the existing building.

 

Appointment of Cost Planner and Architectural Design Consultants

Council endorsement to develop tender documentation in order to advertise the appointment of a project Cost Planner to oversee the design development, documentation and project construction of the WCC Extension is now required to advance the project.

Similarly Council endorsement to develop tender documentation for advertising the appointment of an Architectural Design Consultant to design, document and administer the construction of the WCC Extension is required to advance this project.

Project Key Points and Community Benefits

The following key points and community benefits arising out of the project will include:

 

·         This project is driven by the need to deliver services to a rapidly growing community;

·         A civic centre designed to address the City's requirements for the next 20 years

·         The delivery of safer parking and traffic arrangements for the adjacent primary school and wider community;

·         The development of a community facility capable of holding up to 300 people;

·         The freeing up of the of Wanneroo Community centre, currently housing 52 staff, for use by a community group or groups;

·         The creation, through rental of office space, for an income stream for the City offset against staff numbers as they increase over the coming years;

·         The delivery of saleable land estimated at approximately $1M at current market valuation;

·         The creation of 151 new parking bays to service the additional parking requirements of the Civic Centre Extension as well as the Town Centre, saving $9M in capital funding earmarked for a Multi-Level Car Park;

·         The City's Workforce Plan anticipates the need to accommodate an additional 227 staff by 2031;

·         The project will accommodate all required City staff at one location, with adequate parking and good governance, being a cost effective use of Lot 505;

·         Construction of the Civic Centre Extension as a linked but separate building to the existing Civic Centre minimises inconvenience and downtime in relation to maintaining the City's daily business output, has direct street frontage on two sides and offers the City an option of leasing part of the building in offset of staff numbers as they increase over the coming years.

·         Estimated savings of $800,000 per annum in office rental, power costs and water use at current rates; and

 

 

Project Implementation Program

In advancing the WCC Extension project it is advised that implementation of the project as a whole will take approximately three years based on the following high level completion milestones:

 

·         Council consideration of this report                                                    4 March 2014

·         Cost Planner and Architectural Consultancy appointment                  August 2014

·         Forward Work detailed design/documentation/tender                              July 2014

·         Forward Works construction                                                              January 2015

·         WCC Extension design/documentation/tender                                         July 2015

·         WCC Extension construction                                                            February 2017

·         Staff relocation                                                                                      March 2017

Accommodation over the Interim Period

Administration is investigating options for development of temporary accommodation in order to accommodate the growth in staff numbers over the three year design/construction period required to implement the WCC extension.  Options include reworking layouts of existing workstations (includes reducing workstation size in some instances) and consideration of demountable buildings. Estimated costs for the various options developed are currently being finalised, with the outcome of the investigation to be presented for consideration to the City's Executive Leadership Team.

Statutory Compliance

The closure to vehicles from Servite Terrace via Cafaggio Crescent into Senario Drive and into Dundebar Road will be undertaken in accordance with Section 3.50 of the Local Government Act 1995, as amended.  Noting section 1(a) which advises that: "A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding four weeks."

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “4     Governance

4.3    Deliver excellence in business performance and service provision”Do not delete this line

Policy Implications

The proposed expansion of the City of Wanneroo Civic Centre is consistent with Council's Wanneroo Town Centre Local Planning Policy and will contribute to achieving the development outcomes envisaged by the Wanneroo Town Centre Structure Plan.

 

Financial Implications

There is minimal commercial lease area available within the Town Centre and what is available has rental costs of $300/m²/annum and $30/m²/annum for outgoings (estimated at $800,000 per annum at current rates).  When the recurring costs are added to the setup and end readjustment cost associated with this option, the value for dollar expended is not apparent or feasible.

 

An order of cost for the Civic Centre Extension has been prepared by Cost Planner, WT Partnership, and was tabled in the 2013/2014 Budget Workshop. Each estimate includes a Planning and Design Contingency (10%), Construction Contingency (5%) and Consultants Fees (9%).  The construction items also include a Tender Escalation (2014).

 

In considering the order of costs prepared by the Cost Planner it is noted that all estimated project costs included within the budget have been based upon the Civic Centre Extension Concept Plan as attached (Attachment 1).

At Council Forum held on 3 September 2013 it was noted that the overall project budget was determined at $27M, with the unexpended balance of $26.898M listed in the City's 10-Year Capital Works Program for the Civic Centre Extension (PR-2332).  It is proposed that funding is appropriately provided from the Strategic Projects Reserve.

There is sufficient funding currently allocated in the Capital Works Budget to progress acquisition of the drainage sump and to construct that portion of the Forward Civil Works contained wholly within the adjoining road reserve.

 

·           Forward Civil Works        This includes all civil works associated with the provision of a one way road network and associated angle parking on Scenario Drive, Cafaggio Crescent and Service Terrace.

$1,037,500

·           Internal Stormwater Control        This provides for the decommissioning of the existing drainage sump and the provision of stormwater drainage tanks or equivalent below ground infiltration to accommodate the existing drainage from the car park, building and adjoining roads where applicable.  There is also a provision to purchase the land on which the existing drainage sump is located        An engineering consultant has been appointed to undertake detailed concept designs and cost estimates for the forward civil works and internal stormwater control.  Subject to a review of this phase of the consultants' report and Council's consideration of the Site Master Plan as a whole approval may be given to detailed design and documentation of these works with a view to undertake road reserve related works this financial year.

$1,527,000

 

·           Civic Centre – Construction of New Office Building        The cost estimate allows for the construction of a two storey building, basement storage and car parking, foundations to suit a future six storey building and concrete roof slab below metal deck roof for future vertical extension.  There is also an allowance of $1.5M to provide for a six star Green Star Office Design rating and five star NABERS Energy rating.	$21,738,700
·           Modification to Existing Administration Building        The cost estimate provides for connection of the new building to the existing building, including structural changes and modifications to the office layout.	$467,700
·           CIVIC CENTRE Extension – Building Fit out        The cost estimate provides for work stations and associated furniture for the new building, including the civic area.	$1,965,100
TOTAL	$26,736,000

 

The Cost Planner has also provided the following cost estimate for associated projects which may be considered by Council in the future but are not currently recommended for development.  No provision has been made in the 10-Year Capital Works Program for these two items.

 

·                Construction of Multi Level Car Park The facility, while not required as part of the two storey extension project, does provide an opportunity for the provision of parking capacity as the Town Centre develops and the new two storey building is extended vertically.	$8,996.800
·                Development of Commercial Lot Fronting Dundebar Road This cost estimate provides for all civil, survey establishment and agent costs to set up a separate lot for development on the south-eastern corner of Lot 505 (located on the corner of the Dundebar Road/Senario Drive intersection).	$209,500

Funding needs to be reallocated to coincide with the revised design and construction timeframes for the Civic Centre Extension as tabled below:

 

Budget Year	Current Budget	Proposed Budget	Description
2012/2013	$101,990 (Actual Expenditure)	$101,990 (Actual Expenditure)	Planning and scope development costs
2013/2014	$1,898,610	$1,098,610	Current budget includes carry forward of unexpended funds from 2012/2013 and covers planning + design of Forward Civil Works and interim staff accommodation arrangements, with $800,000 to be released as part of the 2013/2014 Mid Year Review and included in the 2014/2015 proposed budget to cover implementation of Forward Civil Works
2014/2015	$7,500,000	$2,800,000	Implementation of Forward Civil Works + Consultants Fees & Outgoings and includes the sum of $800,000 released as part of the 2013/2014 Mid Year Review
2015/2016	$17,500,000	$20,000,000	Civic Centre Extension Construction Cost
2016/2017		$3,000,000	Modifications to Existing Civic Centre
Total	$27,000,000	$27,000,000	Rounded

Do not delete this line

 

Recommendation

That Council:-

1.         ENDORSES the Wanneroo Civic Centre Extension Concept Plan, City of Wanneroo Drawing No 2836-1-0, on the basis that the Wanneroo Civic Centre Extension straddles Lot 505 and Reserve 46538 and as detailed in Attachment 1;

2.         ENDORSES an amendment to the Town Centre Structure Plan to address roadwork changes to Senario Drive and Cafaggio Crescent;

3.         APPROVES the purchase of Reserve 46538, Servite Terrace, Wanneroo, for $1,000 plus GST and associated fees;

4.         AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a Transfer of Land, Contract of Sale and any other associated documentation to facilitate 4. above;

5.         APPROVES the construction of the following road work linked to the road reserve adjacent to the Civic Centre site subject to Administration addressing the advertised outcome to the road closure advertisement of Cafaggio Crescent and Senario Drive based upon the construction of:

a)         A one way traffic flow system heading east from Cafaggio Crescent to Senario Drive with localised drainage and angle carparking;

b)        A one way traffic flow system heading south from Senario Drive to Dundebar Road with localised drainage and angle carparking;

c)         A mini roundabout at the intersection of Senario Drive and Dundebar Road;

d)        Localised drainage and additional carparking at the southern end of Servite Terrace;

6.         ENDORSES the preparation of tender documentation for advertising the appointment of a Cost Planner to provide cost control services for the Wanneroo Civic Centre Extension and report the tender outcome to Council;

7.         ENDORSES the preparation of tender documentation for advertising the appointment of an Architectural Design Consultant to provide design and construction services for the Wanneroo Civic Centre Extension and report the tender outcome to Council;

8.         ENDORSES the reallocation of funding assigned to project PR-2332 in the City's 10-Year Capital Works Programme to reflect the design and construction timeframe for the Wanneroo Civic Centre Extension as follows:

·                2012/2013 - $101,990 (Actual Expenditure)

·                2013/2014 - $1,098,610 (2013/2014 Mid-Year Review)

·                2014/2015 - $2.8M (Includes $800,000 released as part of the 2013/2014 Mid-Year Review)

·                2015/2016 - $20M

·                2016/2017 - $3M;

9.         NOTES that Administration will comply with the procedure prescribed in Section 3.50 of the Local Government Act 1995 concerning public notification for the proposed implementation of the one way traffic flow system and road closure from Servite Terrace to through traffic via Cafaggio Crescent into Senario Drive and into Dundebar Road;

10.      NOTES that Administration will work with management of the St Anthony's School to explore development/implementation of a traffic management plan to accommodate the proposed one-way arrangement for Senario Drive and Cafaggio Crescent to assist in controlling/distributing traffic flow during peak school drop-off and pick-up times as a possible RoadWise initiative; and

11.      NOTES that a further report will be presented to Council on the excision of an area of 1,600m² from the south-east corner of Lot 505 (ie: located on the corner of the Dundebar Road/Senario Drive intersection) as a commercial lot for potential sale.

 

 

 

Attachments:

1View.	Attachment 1 - Concept Plan (Drawing No. 2836-1-0)	13/216679	Minuted
2View.	Attachment 2 - Drawing No. E13014-001-SK1	13/216681

  

 

 

Traffic Management

File Ref:                                              5597 – 13/179304

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       5         

 

Issue

To consider the removal of the existing parking prohibitions on Scenic Drive, Wanneroo, 100m south of Neville Drive.

 

Background

Council, at its meeting of 3 April 2007, considered Item No IN06-04/07, regarding the provision of parking embayments on Scenic Drive and Neville Drive, Wanneroo adjacent to Buckingham House Museum and the Lake Joondalup Kindergarten.  Council resolved in part as follows;

 

"2.        APPROVES the installation of “NO STOPPING” on Scenic Drive, Wanneroo as shown on Drawing 2244-1-0 (Attachment 3 refers)."

Recent works along Scenic Drive between Neville Drive and Church Street required the installation of Traffic Treatments in accordance with the City's Capital Works Program for 2013/2014.

 

A location plan identifying the subject area is attached (Attachment 1 refers).  Drawing No 2244-1-1 details the Council endorsed parking prohibitions plan (2244-1-0 referred to above) (Attachment 2 refers).  .

Detail

In accordance with the Traffic Treatments program along Scenic Drive between Neville Drive and Church Street, the City included the installation of a pedestrian crossing through the northern most blister island.( Attachment 3 refers) The installation of the pedestrian crossing required the deletion of two parking bays, one on each side of the pram ramp on the eastside of Scenic Drive to give pedestrians more protection by enlarging the raised area immediately adjacent to the carriageway.

 

Parking at this location is at a premium with many parents and park visitors utilising the parking embayment area to its maximum capacity during the mornings and evenings.  The removal of the two bays as a result of the recently installed pedestrian crossing has negatively impacted on the parking availability.

 

Currently the park on the east side of Scenic Drive south of Neville Drive is accessed via a gate which has been built within the existing on-street 90 degree parking area.  The existing parking prohibitions installed as a result of IN06-04/07 were done to ensure the bitumen area between the road and original gate access was kept clear.  It is now considered that this area would be better utilised for parking.  Subsequently this change would require both the removal of the existing parking prohibitions and the relocation of the existing parks access gate.

Consultation

Consultation is considered unnecessary as no properties front Scenic Drive at this location.

Comment

The removal of the parking prohibitions and relocation of the park access gate will allow for an additional two parking embayments to be utilised in the on-street 90 degree parking area. Administration recommends that the gate be relocated 20m north of the existing location.  It is considered that as the park access gate is utilised for park maintenance only, the relocation will have minimal affect on traffic utilising Scenic Drive. A drawing detailing the removal of the existing parking prohibitions signage and linemarking, and the removal of the gate (and subsequent replacement of bollards) has been shown in Drawing No. 2244-1-2 (Attachment 4 refers). A drawing detailing the existing gate location and the proposed new location is detailed on the attached aerial plan (Attachment 5 refers).

Statutory Compliance

The proposal is in accordance with the City's Parking and Parking Facilities Local Law 2003 as amended.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.2    Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.”

Policy Implications

Nil

Financial Implications

The cost of the removal of the parking prohibitions signs and linemarking, gate relocation, bollards installation and subsequent embayment linemarking is estimated to be $1,000.  Work will be undertaken by the City's maintenance crews and funded from the City's Maintenance budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the removal of 2 x "NO STOPPING, ROAD OR NATURE STRIP" (R5-35(R) and R5-35(L)) signs and associated linemarking on the east side of Scenic Drive, south of Neville Drive as shown on Drawing No. 2244-1-2 (Attachment 4 refers)

2.       NOTES that embayment line marking associated with the creation of the two new parking bays will be installed as shown on Drawing No. 2244-1-2 (Attachment 4 refers).

3.       NOTES that the existing access gate will be relocated 20m north as shown on the attached aerial plan (Attachment 5 refers).

4.       NOTES that four bollards will be installed in place of the relocated gate as shown on Drawing No. 2244-1-2 (Attachment 4 refers).

 

 

Attachments:

1View.	ScenicDrive-LocalityPlan	14/32328
2View.	2244-1-1 Scenic Drive - Council Endorsed Parking Prohibitions	14/41043
3View.	2430-1-0_ScenicDrive_TrafficTreatments	14/32471
4View.	2244-1-2 Scenic Drive - Parking Prohibitions Removal	13/213694	Minuted
5View.	ScenicDr_GateRelocationPlan	14/55939	Minuted

  

File Ref:                                              3125V02 – 13/239864

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       10         

 

Issue

To consider the results of public consultation into the proposed installation of traffic management treatments along Golf Links Drive, Carramar.

 

Background

In response to petition PT01-08/12, Council, at its meeting on 11 December 2012, considered Report IN06-12/12 and resolved as follows:

"1.   REQUESTS Administration to develop a traffic management plan for Golf Links Drive for consideration by the community and presentation to Council by the June 2013 meeting;

2.    NOTES that the traffic data for Golf Links Drive will be referred to the WA Police through the Local Government Speed Enforcement Program;

3.    NOTES that traffic trends on Golf Links Drive will continue to be monitored;

4.    NOTES that Golf Links Drive has been added the Speed Advisory Trailer driver education program; and

5.    ADVISES the petition organiser of Council's decision."

 

In response to Item 1 of the above resolution, Council at its meeting of 12 October 2012 considered Report IN07-08/13 and resolved as follows:

 “That Council:-

1.    ENDORSES the proposed traffic management plan for Golf Links Drive as shown on the City of Wanneroo Drawing No's. 2887-1-0 and 2887-2-0 (Attachment 3) as the basis for community consultation; and

2.    NOTES that a report will be presented to Council on the outcomes of the community consultation process, should the Director Infrastructure consider that the traffic management plan for Golf Links Drive requires significant amendments to reflect the feedback from the community."

 

A location map of the subject site is shown at Attachment 1.

Detail

The Golf Links Drive Traffic Management Project is listed for construction as part of the City's 2013/2014 Capital Works Program – Traffic Treatments. The original proposal as detailed on Drawing Numbers 2887-1-0 and 2887-2-0 (Attachment 2 refers) consisted of:

·    the installation of speed cushions along the road sections used as part of a bus route: between Balladong Loop and Houghton Drive; and Keanefield Drive and Pinjar Road; to meet minimum lane width requirements for the Public Transport Authority, and

·    the installation of a 1.4m wide flush red asphalt and raised median islands, between Houghton Drive and Keanefield Drive, the non-bus route road section,.

 

Consultation

Pursuant to Council's Resolution IN07-08/13, Item 1, the draft traffic management scheme for Golf Links Drive was advertised for a period of 19 days from 10 October 2013 to 28 October 2013 by way of:

·      Advertisements placed in the Wanneroo Times editions of 1 October 2013;

·      Display on the 'Have Your Say' section of the City’s website;

·      Notice boards erected on Golf Links Drive; and

·      Written notification to owners and residents of the 137 properties abutting Golf Links Drive.  The area covered by the survey is shown in Attachments 3.  A copy of the survey is included as Attachment 4.

 

In response, 77 submissions were received; 51 from the owners and residents on Golf Links Drive (37% response rate) and 26 from other residents of Carramar (Attachment 5 refers).

 

Of the total responses received 48 (62%) supported the proposal and 29 (38%) objected, while for Golf Links Drive owners/residents 42 (82%) supported the proposal and 9 (18%) objected.

 

The 42 positive responses from Golf Links Drive owner/residents while representing 82% of Golf Links Drive respondents only represents 31% of total Golf Links Drive residents and property owners.

 

A summary of the responses and Administration's comments are shown on Attachment 6 with more detailed comments on the more common responses listed below:

 

1.   Golf Links Drive is being used as a short cut between Wanneroo Road and Pinjar Road.  Golf Links Drive should be closed at Wanneroo Road

 

There appears to be a common misunderstanding as to the function of Golf Links Drive.  Golf Links Drive has been developed as a Neighbourhood Connector in accordance with its role as shown in Agreed Structure Plan No.21B for Carramar and Tapping (Attachment 7 refers).  Golf Links Drive is also classified as a Local Distributor Road in the City's Functional Road Hierarchy and as such is meant to provide connectivity between the Local Access Streets in Carramar and the surrounding District Distributor Road network.  A Local Distributor Road is also expected to cater for bus routes and higher levels of commercial vehicles.  The volumes and types of traffic recorded using Golf Links Drive are well within the roads design capacity.

 

Additionally, while western Carramar is well established, the developments in Banksia Grove and the extension of Pinjar Road will continue to impact on traffic along Golf Links Drive. The future development of the Banksia Grove District Centre, located at the north-east corner of the Joondalup Drive/Pinjar Road intersection, will result in the continued growth of traffic on Golf Links Drive. To accommodate this expected growth in traffic and in accordance with Agreed Structure Plan No. 21A - Banksia Grove (Attachment 8 refers) it is anticipated that ultimately the intersection of Golf Links Drive and Pinjar Road will become a four way intersection controlled by traffic signals. However, while traffic volumes will increase, it can be expected that traffic speed will reduce as free flowing traffic is replaced by platoons of vehicles, the speed of which is dictated by the lead vehicle.

 

 

 

The closure of Golf Links Drive at Wanneroo Road would also significantly alter the traffic distribution within the locality of Carramar with increased traffic volumes on Houghton Drive, Cheriton Drive and Keanefield Drive as road users attempt to access the arterial road network.

 

2.   Heavy vehicle use on Golf Links Drive

The traffic count data for Golf Links Drive shows the percentage of commercial vehicles using the road varies from 5% at the western end to 7% at Pinjar Road.  These percentages are not high considering the roads classification and function.

 

It is acknowledged that the subdivisional and housing development within Banksia Grove is adding to the commercial vehicles usage on Golf Links Drive, however, this is ultimately a short term problem that will reduce as subdivisional and house construction winds down.

 

There are also some truck movements between the Neerabup Industrial Area(NIA) and the sand/limestone quarries along Flynn Drive, as well as the subdivisional developments in Banksia Grove.  The ultimate extension of Pinjar Road to Flynn Drive will provide an alternative connection between the NIA and the southern suburbs which will reduce pressure to use Tranquil Drive or Wanneroo Road.  Additionally, Council has already agreed to the partial closure of Tranquil Drive onto Flynn Drive which will restrict vehicles from the NIA cessing Golf Links Drive via Tranquil Drive or Rustic Gardens.  This work has been included in the Flynn Drive deviation contact the tender for which was accepted by Council at its meeting of 4 February 2014.

 

3.   Speed humps are noisy

The City acknowledges that there is the potential for increased road noise from speed cushions either from vehicle braking and then accelerating or from trade vehicle and trailers where contents may become dislodged.

 

The 1.6m wide rubber speed cushions proposed for Golf Links Drive were promoted by the State Government's 'Anti-Hoon' Program as generating less noise than traditional speed humps and are meant to be straddled with minimum vertical displacement.  To date the City has not received any noise complaints as a result of existing speed cushion installations.

 

4.   The traffic management treatments will not deter hoons

Traffic management should only be used to control systemic traffic problems and it is not intended to be used to engineer social change.  In reality, hoons are only a very small proportion of drivers and hooning is an anti-social behaviour that ultimately can only be controlled by WA Police.  As roads need to be built to accommodate service vehicles and emergency vehicles, as well as cars, it will always be possible for hoons to engage to some degree in anti-social behaviour.

 

5.   Why is the street lighting being upgraded from 80W to 125W?

The existing 80W street lighting does not meet the needs of the current Standard Australian AS1158 for road lighting of traffic treatments and consequently upgraded street lighting is required at each traffic treatment.

 

6.   Install traffic signals at the Wanneroo Road/Golf Links Drive intersection

Wanneroo Road is a Primary Distributor Road under the control and management of Main Roads WA (MRWA).  Additionally, MRWA is also the State authority to approve traffic related road signs and lines including traffic control signals. 

 

 

 

 

Consequently, the upgrading of the Golf Links Drive intersection is primarily the responsibility of MRWA.  The City supports the dualling of Wanneroo Road between Joondalup Drive and Halls Road and has lobbied the State Government to raise the priority of this project.  Currently, the project is not listed in MRWA 5 year forward estimates.

 

The Perth Metropolitan Region Scheme allows for the possibility for the Wanneroo Road/Joondalup Drive to be upgraded to a grade separated interchange.  The City has raised the importance of this project with the State Government.  MRWA approval for traffic signals at Golf Links Drive would be dependent on traffic volumes, accident history, signalised intersection spacing and any effect the signals would have on the operation of the Wanneroo Road/Joondalup Drive interchange.

 

7.   Why not spend the money to improve the Wanneroo Road/Joondalup Drive intersection?

Wanneroo Road is a Primary Distributor Road under the control and management of Main Roads WA (MRWA). The Strategic Business Case 2012 for the Mitchell Freeway Extension included a project to upgrade this intersection and is currently being addressed by the project team. The upgrading of the Joondalup Drive intersection is primarily the responsibility of MRWA. The City has lobbied the State Government to raise the priority of upgrading the intersection to a grade separated interchange.

 

8.   The traffic management plan will divert traffic onto adjacent streets.

The traffic management plan has been designed to control driver behaviour and limit speeds without transferring traffic onto adjacent roads or compromising the function of Golf Links Drive as a Local Distributor Road.

Comment

In response to objections raised, Administration has amended the proposal by:

 

·    deleting two median islands outside 144/146 and 148/150 Golf Links Drive which may have restricted property access

·    reducing the length of the raised median island outside 116 Golf Links Drive which may have restricted property access

·    the installation of speed cushions on the western and northern approach to the Golf Links Drive/Cheriton Drive/Rustic Gardens roundabout

·    increasing the length of the splitter island in all approach legs to the Cheriton Drive/Rustic Gardens/Golf Links Drive roundabout

·    providing a pedestrian break in the median island outside 177 Golf Links Drive

·    reducing the length of the raised median island outside 223 Golf Links Drive

 

The amended Traffic Management Scheme for Golf Links Drive TMS is shown in City Drawing Nos. 2887-1-1 and 2887-2-1 (Attachment 9 refers).

 

If all resident's objections based on noise or lighting issues were accepted and the speed cushions removed there would be four sets of speed cushion less in the overall traffic management scheme, as shown on Drawing Numbers 2887-1-2 and 2887-2-2 ( Attachment 10 refers). This option would significantly increase the distance between treatments which would likely result in the overall traffic management scheme being compromised and not being as effective as originally proposed. This modified traffic management scheme is not supported.

 

 

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.3    Safe Communities - We feel safe at home and in our local area.”

Policy Implications

Nil

Financial Implications

$320,000 has been allocated to project PR–2652 Golf Links Drive – Construct traffic treatments in the City's 2013/2014 Capital Works Program.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the installation of traffic treatments along Golf Links Drive, Wanneroo, as detailed in City of Wanneroo Drawing No's. 2887-1-1 and 2887-2-1 (Attachment 9);

2.       ADVISES the residents and owners of properties on Golf Links Drive of Council’s decision; and

3.       ADVISES the respondents to the Golf Links Drive community consultation of Council’s decision.

 

 

Attachments:

1View.	Location Map of Golf Links Drive, Carramar	12/111999
2View.	Proposed TMS - 2887-1-0 & 2887-2-0	14/26662
3View.	Proposed TMS - Consultation Map	14/26791
4View.	Community Consultation Survey	14/44681
5View.	Community Consultation Response Summary	14/18954
6View.	Community Consultation Detailed Responses & Administration Comments	14/44560
7View.	ASP 21B - South Carramar and Tapping	14/44614
8View.	ASP 21A - Banksia Grove	14/44610
9View.	Revised TMS Proposal - 2887-1-1 & 2887-2-1	14/26681	Minuted
10View.	Alternate TMS Proposal - 2887-1-2 & 2887-2-2	14/44819

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

File Ref:                                              7881 – 13/136972

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider the outcome of community consultation associated with the proposal to construct a footpath along the south side of St Fillans Bend, Wanneroo, between Appin Way and Tyne Crescent.

 

Background

The City's Capital Works Program 2012/2013 listed the following three projects to construct footpath sections on the south side of St Fillans Bend, between Calabrese Avenue and Tyne Crescent.

PROJECT	LOCATION	DESCRIPTION	COST
PR-2357	St Fillans Bend, Wanneroo	Construct 145m x 1.5m path, south side, Loyal Terrace to Lothan Way	$19,000
PR-2358	St Fillans Bend, Wanneroo	Construct 155m x 1.5m path, south side, Tyne Crescent to Appin Way	$20,000
PR-2359	St Fillans Bend, Wanneroo	Construct 180m x 1.5m path, south side, Lothan Way to Calabrese Avenue	$23,000

Subsequent to the City advising residents of the intent to commence construction, Council received petition PT04-02/13 at its meeting on 5 February 2013, objecting to the section of footpath covered by Project No. PR-2358.  The petition read as follows:

“Petition to stop the installation of a footpath.

Below are the owners/occupants of properties in which will be affected by the instalment of a footpath mid February 2013 and who are strongly against any footpath."

 

A report addressing the petition was considered by Council at its meeting 2 April 2013 at which time Council resolved as follows (IN05-04/13 refers):

1.    REQUESTS Administration to consult with the residents of St Fillans Bend to determine the level of support for a construction of the remaining section of footpath along St Fillans Bend between Appin Way and Tyne Crescent;

2.    REQUESTS Administration to report back to Council on the results of the consultation in Item 1, above; and

3.    ADVISES the petitioners of Council's decision.

A report was presented to Council on 23 July 2013 (IN04-07/13 refers) regarding the proposed footpath but was referred back to Administration for further investigation due to a number of residents not receiving letters regarding the consultation.  Administration has conducted further community consultation to ensure all residents are included.

 

Refer to Attachment 1 for a location plan of the subject area and Attachment 2 for a sketch of the proposed footpath location.

 

 

 

Detail

St Fillans Bend is classified as an Access Street in the City's Functional Road Hierarchy.  It is 610m in length and runs east-west between Calabrese Avenue and Tyne Crescent.

 

To date, projects PR-2357 and PR-2359 have been completed and a footpath now extends along St Fillans Bend between Calabrese Avenue and Appin Way.

Consultation

Council, at its meeting 23 July 2013, referred Item No IN04-07/13 back to Administration due to a number of residents not receiving letters regarding the consultation. The original consultation received 13 responses supporting the proposed footpath, however, responses were not received from the original seven petitioners opposed to the proposal.

 

Administration conducted further consultation to ensure all residents were included.  Refer Attachment 3 for consultation map.  A total of 210 letters were sent to residents in the vicinity of the proposed footpath, 61 responses were received; 50 replied yes, 9 replied no and 2 did not provide a response on the form returned.  A number of residents provided comments to the proposal which have been collated below, along with Administrations response:

 

Comment	Administration Response
Yes there should be a pathway but it is unreasonable to set it is back behind the light poles.  Move the 2 light poles and put it up against the kerb otherwise we say No.  Council should move the poles.	This is one of the options being considered.
We signed a petition against this like the road closures of Backshall Place we will probably be overridden again.	The petition date of 5 February 2013 has been included in this report for consideration.
Waste of money would be better to complete cycleway around the lake.	Considering the percentage of the community that support the project, Administration supports completion of this footpath link.
The residents of this section of St Fillans feel that this footpath is not needed.  The footpath coming out onto Tyne Court at this point is a potential danger.  The people driving down St Fillans look only left and pull out; there have already been 2 minor accidents at this point as well as traffic speeding around the S bends there.  We feel the money used would be better spent on the exit to Ocean Reef Road.	The safety concerns regarding the installation of the proposed footpath are noted and will be considered during the design and construction of the proposed footpath.
I hope this is only going to the residences that are going to be affected because everyone will of course say yes.	Footpaths are considered part of public infrastructure; therefore residents within a walkable catchment area should be consulted regarding the installation of a proposed footpath.
It's a total waste of money on such a quiet road; there are much more important things to spend money on.	Footpaths are provided to protect vulnerable road users on all roads within the City.

 

 

As a mother of a toddler I frequently walk with a pram down St Fillans towards Tyne Crescent and find it very unsafe having to walk on the road.  It makes sense that a path should run down the entire street rather than ending at Appin Way.

These safety concerns regarding the installation of the proposed footpath are noted.  The intent of the footpath projects for St Fillans Bend is to add to an already existing footpath section between Calabrese Avenue and Appin Way and thereby provide pedestrians safe passage along the full length of St Fillans Bend between Calabrese Avenue (and the bus services on Wanneroo Road) and Tyne Crescent (Studmaster Park).

We have already completed a survey indicating support to complete the footpath link.  Why wasn't the whole street consulted about the proposed footpath prior to its construction? Unbelievable how long this has taken.

A number of residents in St Fillans Bend did not receive the consultation letters.  A further consultation has been conducted to ensure all residents were included.

Comment

The road reserve, which includes the verge, is public property and utilised by the City for the provision of public infrastructure including footpaths, street lighting and other services. The function of the road reserve is to cater for the transport needs of all road users.  While vehicles may be the dominant form of road transport, they are not the only user group and pedestrians and cyclists should be considered equally with motorists.  Where traffic speeds are low and road lengths short, it is sometimes practicable for all road users to share a single facility, the road pavement. Should traffic volumes or speed make this dangerous for a particular road user group, separate facilities such as footpaths, shared paths or on-road cycle lanes can be provided.

 

Liveable Neighbourhoods, under Pedestrian Movement Network states:

"Liveable Neighbourhoods recognises the complexity of daily movement patterns and the need to make pedestrian trips as short and pleasant as possible.  The primary pedestrian network is the street system, which is detailed to support pedestrian movement.

Footpaths should ideally be provided on both sides of all streets.  For cost reasons, footpaths may be omitted from one side of lower order access streets, unless the street forms an important pedestrian link (eg to a school, centre or station).

A standard footpath width of 1.5m is specified.  This enables two pedestrians to pass with comfort, and enables ease of use by people with prams, wheelchairs and other mobility aids."

 

The State Road Safety Strategy - Towards Zero is based on a Safe Systems approach which recognises that the human body is vulnerable and that unprotected pedestrians are unlikely to survive collision speeds above 30km/h.  As a consequence, where road traffic speeds cannot be reduced to safe levels, vulnerable road users should be separated.

 

Given the need to protect vulnerable road users, the intent of the footpath projects for St Fillans Bend was to add to the existing footpath section between Calabrese Avenue and Appin Way and thereby provide pedestrians safe passage along the full length of St Fillans Bend between Calabrese Avenue (and the bus services on Wanneroo Road) and Tyne Crescent (Studmaster Park).

 

The Disability Discrimination Act 1992 under Section 23 requires non-discriminatory access to premises which the public, or a section of the public, is entitled or allowed to use.

 

Premises include:

(a)     a structure, building, aircraft, vehicle or vessel;

(b)     a place (whether enclosed or built on or not); and

(c)     a part of premises (including premises of a kind referred to in paragraph (a) or (b)).

 

As a footpath is defined as a 'premises', and covered by Section 23 of the Disability Discrimination Act (DDA), the City is therefore required to provide a footpath to meet the requirement of the Disability Discrimination Act of 1992.

 

From the seven residents directly affected, five do not support the project and two residents did not provide a response.  In addition, of the 14 residents that live on both sides of the St Fillans Bend adjacent to the project, three support the project, eight do not support the project and three did not provide a response. Given the 30% response rate to the questionnaire with 50 responses in support, Administration recommends that the remaining footpath section along St Fillans bend between Appin Way and Tyne Crescent be constructed.

 

Streetlights on St Fillans Bend, between Tyne Crescent and Appin Way, are located 1m from the kerb line providing insufficient space for a footpath to be constructed on the back of the accordance with plans approved by the City. kerb. The original project proposal was to construct a 1.5m pathway behind the existing streetlights to reduce the cost associated with relocating them. The majority of pathways already constructed in St Fillans Bend have been constructed on the back of the kerb. The streetlights in Regent Estates, including St Fillans Bend, were installed by the developer in a staged manner and changed from one side of St Fillans Bend to the other.

 

Given the alignment of the majority of pathways already constructed in St Fillans Bend are kerbside and the responses to community consultation, Administration recommends that a 1.8m wide pathway be constructed, kerbside through crossovers for the remaining section of St Fillans Bend to keep the proposed alignment consistent with the remainder of St Fillans Bend (Attachment 4 Refers). Where a footpath is located on the kerb an additional 0.3m width of the path is recommended to provide separation from passing vehicles, allow for doors opening from parked cars and reduce obstructions from bins on refuse pickup days. Also by constructing the pathway kerbside, the relocation of the existing two street lights would be required. Both the additional 0.3m width of the path and relocation of the two existing streetlights would increase the project cost by approx. $28,000, subject to a detailed design and quotation by Western Power.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “2     Society - Healthy, safe, vibrant and active communities.

2.3    Safe Communities - We feel safe at home and in our local area.”

Policy Implications

Nil

 

 

 

Financial Implications

Council approved carry over funding of $31,736 for Project PR-2358 in the 2013/2014 Pathways Capital Works Program for the construction of this section of footpath. The carry over funding is to construct 155m of 1.5m wide footpath through crossovers along St Fillans Bend between Appin Way and Tyne Crescent on the property boundary.

 

The revised estimated cost to construct 155m of 1.8m wide kerbside footpath through crossovers, along St Fillans Bend between Appin Way and Tyne Crescent and relocation of two streetlights, is $60,000.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the construction of a 155m of 1.8m wide cast insitu concrete footpath on the southern side of St Fillans Bend between Appin Way and Tyne Crescent (Attachment 4 refers), Wanneroo at an estimated cost of $60,000, noting that this is subject to a detailed design and quote by Western Power for the relocation of two street lights;

2.       LISTS for consideration in the 2013/2014 Mid-Year Budget Review, the sum of $28,264 for the additional costs associated with increasing the width of the proposed footpath in St Fillans Bend and the relocation of two streetlight poles by Western Power (Attachment 4 refers);

3.       ADVISES all residents of St Fillans Bend of Council's decision; and

4.       ADVISES the petition organiser of Council's decision.

 

 

Attachments:

1View.	St Fillans Bend - Footpath - Location Map	13/34161
2View.	St Fillans Bend - Proposed Footpath	13/100832
3View.	St Fillans Bend Consultation Map	13/162201
4View.	St Fillans Bend Streetlighting	14/64615	Minuted

  

 

 

 

 

 

 

Other Matters

File Ref:                                              4445 – 13/212577

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

 

Issue

To consider the status of the Western Australian Planning Commission (WAPC) Development Approval process and construction program for the lowering and realignment of the northern section of the Yanchep Boardwalk.

 

Background

The State Administrative Tribunal (SAT) issued an Order dated 30 August 2012 which granted conditional development approval under the Metropolitan Region Scheme (MRS) to the City of Wanneroo for the Yanchep Boardwalk. This decision granted retrospective approval of the southern portion of the Yanchep Boardwalk (as constructed) and approval for the realignment and lowering of the northern section of the boardwalk.

 

A copy of the SAT Order is shown at Attachment 1 and the approved plans (2532-14A and 2532-15A) are shown at Attachment 2.

 

The two key conditions of development approval related to the works being completed within two years of the date of the Order and the approval by WAPC of a management plan to address weed control, erosion control, stabilisation and revegetation of all disturbed areas, appropriate revegetation species and ongoing monitoring and maintenance.

 

Detail

A comprehensive site survey and detailed engineering design were undertaken to ensure the boardwalk and adjoining on-ground concrete path are reconstructed in accordance with the approved plans referred to in the SAT Order. This revealed that constructing a new concrete path to connect the northern end of the lowered boardwalk to the existing concrete path that leads to the lookout from Compass Circle, would require a consistent path gradient of about 3.88%. At this gradient, and to avoid any development works occurring beyond the footprint of what has been approved, the City would need to construct retaining walls alongside the new concrete path, up to 1.55 metres in height. This is due to the new path needing to traverse and be set within the side of a sand dune with a steep cross-fall.

 

It is Administration's opinion that the retaining walls required either side of the concrete path would be unattractive, would present ongoing maintenance concerns (as litter and other debris would gather along the section of path flanked by walls), would not be in keeping with the amenity of the coastal location and would be unacceptable from a safety and crime-prevention viewpoint.

 

Consequently, Administration revised the design of the path, as illustrated in Attachment 3 (Drawing Nos. 2532-20-0, 2532-21-0 and 2532-22-0) with the following changes to the (approved) design proposed:

 

 

·        The revised design increases the grade of the path to 7.14% (1 in 14) for the majority of its length, to better match the surrounding natural ground level. Towards its northern end, the revised path also incorporates a vertical curve or 'crest' to tie back into the existing concrete path to the lookout. Again, this has been done so the vertical alignment of the path better matches existing surrounding ground levels; and

 

·        The revised design marginally expands the footprint of the approved development to enable construction of limestone pitched batters and shallower stabilised earth batters on either side of the path, in lieu of vertical retaining walls.

 

These changes only seek to alter the vertical alignment of the new on-ground concrete path and to marginally increase the horizontal footprint for the path's construction, arising from the desire to improve the finish of the path. These revised drawings have no impact whatsoever on the approved vertical and horizontal alignment of the aluminium boardwalk, which was the principal component of this development approval.

 

At its meeting on 21 August 2012, Council considered a report on the Yanchep Boardwalk (Confidential Item CR04-08/12) and resolved as follows:

 

"That Council AUTHORISES the Director Planning and Sustainability to continue to act on behalf of the City to do all things necessary to conclude the State Administration Tribunal Matter DR 44/2012 pursuant to section 54 of the State Administration Tribunal Act 2004 and as outlined in this report."

 

In accordance with this authorisation, the Director of Planning and Sustainability submitted an application for Approval to Commence Development, dated 3 December 2013, based on the revised Drawing No's 2532-20-0, 2532-21-0 and 2532-22-0.

 

Conditional Approval to Commence Development for the Modifications to Pathway associated with Yanchep Boardwalk was issued by WAPC on 29 January 2014, refer Attachment 4. This Conditional Approval included the same two conditions as the SAT Order in relation to the rehabilitation of the site.

Consultation

No further public consultation was undertaken during preparation of the revised plans for WAPC consideration

Comment

The City now has two Development Approvals for the lowering and realignment of the Yanchep Boardwalk as summarised below:

1.   The SAT Order issued on 30 August 2012 which enables the realignment and lowering of the northern section of the boardwalk.

2.   The WAPC Development Approval dated 29 January 2014 which enables the construction of the northern pathway connection to the lowered and realigned boardwalk, inclusive of the stone pitched embankment and fence relocation.

 

The deadline for the completion of these works in accordance with the conditional approval is 30 August 2014 and prior to the commencement of the works a rehabilitation management plan needs to be prepared to the satisfaction of WAPC.

 

 

In fulfilment of Conditions in the SAT Order and the Development Approval dated 29 January 2014 relating to the rehabilitation of the site, a draft Rehabilitation Management Action Plan (RMAP) has been prepared for the Commission's endorsement and addresses the clearing permit for the proposed works, granted by the Department of Environment Regulation. The draft RMAP was submitted to the Department of Planning in December 2013 and interim comments provided. These are currently being addressed and a final plan will be submitted for approval prior to any works commencing.

 

The City intends to advertise the tender for the modifications to the Yanchep Foreshore Pathway and Boardwalk on 1 March 2014, with awarding scheduled for late March 2014, under delegated authority of the Chief Executive Officer. The specifications for the works includes the application of a surface treatment to the aluminium boardwalk to minimise noise and sideway slip during wet conditions to address issues raised during community consultation on this project. Works associated with the modifications to the boardwalk are expected to be completed by early July 2014, with the rehabilitation works to follow and be completed by early August 2014.

Statutory Compliance

The status of the statutory requirements for the Modifications to the Yanchep Boardwalk is as follows:

 

·    Building Licence – to be undertaken once contract has been awarded.

·    Clearing Permit – amended Clearing Permit received from DER.

·    RMAP – initial comments from Department of Planning on the draft Plan are currently being reviewed for final submission to WAPC for approval.

·    Demolition Licence – Building Services advises that as the modifications only require part removal of the structure, there is no requirement for a Demolition Licence.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

 “1     Environment - A Healthy and sustainable natural and built environment

1.1    Environmentally Friendly - You will be part of a community that has a balance of environmentally friendly development and conservation areas for future generations to enjoy”

Policy Implications

Nil

Financial Implications

The 2013/2014 Capital Works Budget has an amount of $244,041 allocated under Project No PR-2015 Yanchep Boardwalk Modifications to undertake modifications to the boardwalk in accordance with WAPC Development Approval. A further $49,000 has been allocated in Project No PR-2210 for the implementation of the rehabilitation works in accordance with the draft RMAC.

 

The order of cost estimate for the lowering and realignment of the Yanchep Boardwalk in accordance with the approved drawings, and the associated rehabilitation works in accordance with the draft RMAC is $201,000 There are sufficient funds within the 2013/2014 Capital Works to complete all works in accordance with the  conditions of the development approvals.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES that the City has received Development Approval for the lowering and realignment of the Yanchep Boardwalk as summarised below:

a)      The State Administrative Tribunal Order issued on 30 August 2012 which enables the realignment and lowering of the northern section of the boardwalk

b)      The Western Australian Planning Commission Development Approval dated 29 January 2014 which enables the construction of the northern pathway connection to the lowered and realigned boardwalk, inclusive of the stone pitched embankment and fence relocation

2.       NOTES that a Rehabilitation Management Action Plan is being finalised for submission to the Western Australian Planning Commission for approval in accordance with the conditions of development approval; and

3.       NOTES that Yanchep Boardwalk lowering and realignment works are programmed to commence in April 2014, subject to receipt of approval of the Rehabilitation Management Action Plan.

 

 

 

Attachments:

1View.	Attachment 1 - Order	12/107134
2View.	Attachment 2 - 2532-14A (Aeiral Photo Plan) & 2532-15A (Plan & Longitudinal Section)	13/216260
3View.	Attachment 3 revised designl	14/59916
4View.	Attachment 4 - approval to Commence Development	14/59929