Council Agenda

 

 

Ordinary Council Meeting

7.00pm, 31 March, 2015

Phil Renkin Centre, Lisford Avenue, Two Rocks

 

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 venue 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 Phil Renkin Centre, Two Rocks, 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 Phil Renkin Centre, Lisford Avenue, Two Rocks on Tuesday 31 March, 2015 commencing at 7.00pm.

 

 

 

 

 

D Simms

Chief Executive Officer

26 March, 2015

 

 

 

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

OC02-03/15     Minutes of Ordinary Council Meeting held on 3 March 2015  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

PT01-03/15      Requesting the replacement of Soft Fall - Vosnacos Park (Lenham Way), Marangaroo  1

Item  8_____ Reports_ 1

Planning and Sustainability  2

Policies and Studies  2

PS09-03/15      Close of Advertising Yellagonga Integrated Catchment Management Plan 2014 - 2019  2

Town Planning Schemes & Structure Plans  171

PS10-03/15      Adoption of Amendment No. 36 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8  171

PS11-03/15      Adoption of Amendment No. 5 to the Drovers Place Precinct Agreed Structure Plan No. 80  184

PS12-03/15      Adoption of Amendment 129 to District Planning Scheme No. 2 - Single Dwelling House  246

Development Applications  251

PS13-03/15      Development Application for Single House Addition (Patio) at 3 Oakworth Meander, Tapping  251

PS14-03/15      Consideration of Home Business Category 2 and Commercial Vehicle Parking at 36 Castroreale Boulevard, Sinagra  262

PS15-03/15      DA2014/2394 - Shorehaven Bulk Earthworks and Clearing - 1 Maroon Avenue, Alkimos  269

Other Matters  278

PS16-03/15      Wanneroo Business Association Funding  278

City Businesses  282

Property  282

CB05-03/15     Proposed Lease of Portion of Lot 101 (3) Rocca Way, Wanneroo (Tenancy North) to Tracey Cottrell  282

CB06-03/15     Proposed Surrender of Lease and new Lease to the Wanneroo Sports and Social Club (Inc.) over Lot 502 (22) Crisafulli Ave, Wanneroo  286

CB07-03/15     Proposed Licence Agreement to the Minister for Education over a portion of Crown Reserve 20091, Marangaroo Golf Course Car Park, Marangaroo  296

CB08-03/15     Proposed Road Dedication - Lot 100 Addington Way, Marangaroo  301

Infrastructure  308

Infrastructure Projects  308

IN08-03/15       Marmion Avenue/Lagoon Drive/Peony Boulevard Intersection Upgrade and Traffic Signals  308

Tenders  313

IN09-03/15       Tender No - 01463 - Construction of Lenore Road Upgrade (Stage 2) - East Road to High Road  313

Community Development  334

Communication and Events  334

CD03-03/15     Review of Council's Policies  334

Community Programs and Services  347

CD04-03/15     PT01-11/14 Update of Petition for Gidgi Park, Wanneroo  347

CD05-03/15     PT06-04/13 Update of Petition Outcome of Charnwood Park Redevelopment Community Consultation  351

Corporate Strategy & Performance  364

Finance  364

CS08-03/15     Warrant of Payments for the Period to 28 February  2015  364

CS09-03/15     Change of Valuation of Land Method  433

CS10-03/15     Mid Year Review of 2014/15 Annual Budget  442

Governance  456

CS11-03/15     Local Government Postal Elections October 2015  456

CS12-03/15     Donations to be Considered by Council - March 2015  462

Chief Executive Office  467

Office of the CEO Reports  467

CE01-03/15     Appointment – Irene McCormack Catholic College Board  467

Item  9_____ Motions on Notice_ 469

MN06-03/15    Mayor Tracey Roberts – Homelessness and Sleeping Rough in the Northern Corridor  469

MN07-03/15    Cr Sabine Winton – Policy Review - Sand Drift Control  472

Item  10____ Urgent Business_ 474

Item  11____ Confidential_ 474

Item  12____ Date of Next Meeting_ 474

Item  13____ Closure_ 474

 

 

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

 

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

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Public Question Time

Item  4      Confirmation of Minutes

That the minutes of Ordinary Council Meeting held on 3 March 2015 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  

PT01-03/15       Requesting the replacement of Soft Fall - Vosnacos Park (Lenham Way), Marangaroo

Cr Zappa presented a petition of 40 signatories requesting Council’s consideration on the replacement of the sand soft fall with rubber fall at Vosnacos Park (Lenham Way) Marangaroo.   Update   A report will be presented to the Ordinary Council meeting 28 April 2015.

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:                                              4409 – 15/4999

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider final adoption of the draft revised Yellagonga Integrated Catchment Management Plan (YICM Plan).

 

Background

The draft revised YICM Plan is a partnership between the Cities of Wanneroo and Joondalup that provides an integrated approach to the management of the Yellagonga wetlands through the implementation of a range of individual and joint projects.

 

The Plan was presented to Council at its Meeting on 11 November 2014 (PS03-11/14) where Council approved the advertising of the draft revised YICM Plan for a period of 21 days. The draft revised YICM Plan was also considered by the City of Joondalup Council at its Meeting on 18 November 2014. A copy of the draft revised YICM Plan (as advertised) is included in Attachment 1.

 

Following the close of advertising, the draft revised YICM Plan was presented to the Environmental Advisory Committee (EAC) at its Meeting on 3 March 2015. The resolution of the Meeting was as follows:

 

          “That the Environmental Advisory Committee:-

 

1.    NOTES the submissions received in respect of draft Yellagonga Integrated Catchment Management Plan and SUPPORTS the responses to those submissions included in Attachment 2;

2.    RECOMMENDS that Council adopts the final draft Yellagonga Integrated Catchment Management Plan included in Attachment 3.”

Detail

In accordance with Council’s resolution, the draft revised YICM Plan was advertised for public comment from 20 November to 16 December 2014. As the YICM Plan is a joint project with the City of Joondalup, the Plan was jointly advertised in local newspapers for a total of 26 days to account for the different Council meeting dates and newspaper deadlines. Following closure of the public comment period the City of Wanneroo received 3 submissions, and the City of Joondalup received 10 submissions.

 

A table summarising the submissions received on the City of Wanneroo and joint projects, along with Administration’s responses and recommended modifications is included in Attachment 2. Submissions generally supported the draft revised YICM Plan, however, a number of submissions proposed modifications to the Plan.

 

Due to the joint nature of the YICM Plan, some of the submissions that were received by the City of Joondalup have resulted in Administration recommending minor modifications to a number of City of Wanneroo projects. A number of submissions such as those from the Department of Parks and Wildlife (DPaW) have resulted in proposed minor changes throughout the document.

 

The updated version of the YICM Plan that highlights all of the proposed modifications is included at Attachment 3, however, a summary of the more significant submissions is provided below:

 

JOINT PROJECTS

 

Water Quality Monitoring Program

 

The intention of this project is to monitor water quality in the Yellagonga wetlands and provide recommendations for the improvement of water quality through further actions. A number of submissions proposed specific actions to be included that would aid the improvement of water quality in the wetlands. This has resulted in the recommended inclusion of a number of investigative actions in the scope of the project such as physical removal of algal blooms, decommissioning septic tanks, and identification of the extent of non-native species such as Typha orientalis. As a result of these recommended inclusions, the title of the project is proposed to be updated to be ‘Water Quality Monitoring and Improvement Program’.

 

Water Conservation Project

 

Proposed modifications to this project include the rewording and addition of further detail to certain aspects of the scope of the project, particularly the investigations into achieving higher minimum lake water levels for Lake Goollelal. The project is now proposed to investigate other avenues of water level maintenance in addition to the artificial water maintenance of Lake Goollelal, such as decreasing groundwater usage and improving stormwater drainage.

 

The project is now also proposed to investigate the bore approval process in order to identify other potential means of achieving greater water efficiency. The targets and timeframes of the project have also been amended as a result of the additions to the scope of the project.

 

Midge Steering Group Partnership Research

 

There is just one proposed modification to this project that includes the investigation of alternative midge treatment methods into the targets and timeframes section so that these are investigated as a part of the Midge Management Strategy Partnership Agreement by June 2015.

 

Local Biodiversity Project

 

This project did not originally make any specific mention of the species that would be the primary targets of flora, fauna, and weed mapping surveys. This project is recommended to be updated to include specific detail on fauna species that would be the target of surveys that are to be undertaken.

 

The project is also recommended to be updated to include seeking collaborative opportunities for undertaking revegetation initiatives, and liaising with external agencies in the operation of the Conservation Maintenance Schedule for both Cities.

 

 

Strategic Partnerships

 

A proposed modification to this project is to include the objective to ‘achieve conservation goals for the Park in collaboration with key stakeholders’. The scope of the project is proposed to be updated to reflect the addition of this objective.

 

CITY OF WANNEROO PROJECTS

 

Yellagonga Ecotourism and Community Awareness Program

 

This project is recommended to be updated to include specific actions that have been proposed by the Friends of Yellagonga in their submission. Specifically, this project now looks into the investigation of viability of bird hides and a community native garden competition, as well as other actions such as identifying signage requirements for feeding wildlife, and an investigation into the impacts of non-native fish on the Regional Park.

 

Vegetated Bund

 

The Friends of Yellagonga consider that the ‘Vegetated Bund’ project would take resources from other conservation and rehabilitation measures within the Park. They were also concerned that the bund would have an adverse visual impact for nearby residents and visitors to the area. On this basis the Friends of Yellagonga proposed that the ‘Vegetated Bund’ project be removed and replaced with other practical and ‘on ground’ measures such as revegetation of riparian zones.

 

The ‘Vegetated Bund’ project will not be recommended for removal from the YICM Plan for the following reasons:

 

·        The ‘Vegetated Bund’ project is a result of recommendations made by Edith Cowan University (ECU) in their report that summarises their water quality monitoring investigations as a part of the ‘Water Quality Monitoring’ project. The main objective of the bund would be to increase the length of time that water spends in the southern section of Lake Joondalup (south of Ocean Reef Road), thereby improving the quality of the water entering Lake Joondalup proper.

 

According to the report by ECU, a bund would enhance the nutrient stripping capacity of Lake Joondalup by increasing the time that the water spends in the area south of Ocean Reef Road. The science behind this is that the longer the time that the water spends in one area, the greater the potential for nutrients to be stripped from the water body prior to it entering Lake Joondalup, north through the Ocean Reef Road culvert. The bund would also be vegetated in order to further increase its nutrient stripping capacity by acting as a filter for nutrients;

 

·        A feasibility study would be undertaken by environmental consultants prior to any consideration of constructing the vegetated bund. The purpose of the feasibility study would be to determine any adverse effects of a vegetated bund, and would also provide reasonable alternatives to improve the water quality if the bund was not found to be feasible. This includes identifying any visual impacts of constructing a bund, which would be dependent on multiple factors such as vegetation species and bund specifications (dimensions and gradient, for example). The visual impacts would be a factor to be considered as a part of the feasibility study and in any future decisions made by Council; and

 

·        The potential construction of a vegetated bund would not preclude other potential conservation and rehabilitation projects from being undertaken.

This is only being investigated at present and Council would need to determine whether this is a project it wishes to progress following the feasibility study.

Consultation

The draft revised YICM Plan was advertised for public comment from 20 November to 16 December 2014 by way of:

 

·        Advertisement in a local newspaper for two consecutive weeks;

 

·        Display on the City’s website and at City libraries; and

 

·        Letters to relevant stakeholders, including the Department of Parks and Wildlife and the Department of Water.

 

Following the close of advertising, an updated version of the Plan (Attachment 3) was presented to the EAC at its meeting on 3 March 2015. The result of that meeting was that the EAC noted the submissions received and supported the responses provided by Administration as per Attachment 2, and they recommended that Council adopts the final draft YICM Plan included in Attachment 3.

 

Comment

 

The proposed changes to the Plan, in response to the submissions received by both Cities are relatively minor in nature, and do not alter the purpose or intent of the Plan or any of the individual projects within it. Where projects are proposed to be modified, it has resulted primarily in minor changes to wording, and addition of further detail to the scope of existing projects.

 

Projects updated in this way are ‘Water Quality Monitoring and Improvement Program’, ‘Water Conservation Project’, ‘Local Biodiversity Project’ and the individual ‘Yellagonga Ecotourism and Community Awareness’ projects. Changes and additions to each of these projects can be seen in Attachment 3. It is recommended that this version of the YICM Plan be adopted by Council.

Statutory Compliance

Nil

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”

Risk Management Considerations

Nil

Policy Implications

Nil

Financial Implications

The cost of implementing City of Wanneroo projects within the YICM Plan is intended to be met by the operational budgets of the responsible service units listed in the Plan.

 

However, there are a number of joint projects that will require additional funding consideration. Projects that will require funding as part of the annual budget process include:

 

·        Water Quality Monitoring Program – the annual cost of this project is yet to be confirmed, but is estimated at $25,000 based on the budget allocation from previous years. This project is currently identified in the City's budget for 2014/15;

 

·        Vegetated Bund Construction – this project will investigate the viability of constructing a vegetated bund to improve the quality of water entering the wetland. Initial costs to determine feasibility are still being investigated and, if applicable, will need to be listed for consideration in the operational budget for the 2015/16 financial year. Initial investigations indicate the costs will be approximately $10,000. If determined to be feasible the costs of implementation, once known, will be subject to future Council consideration and endorsement; and

 

·        Acid Sulphate Soils Management – The annual cost of this project is yet to be confirmed, but is estimated at $10,000 based on the budget allocation for the 2014/ 2015 financial year. This project is currently identified in the City's budget for 2014/15.

 

These costs represent the City of Wanneroo's contribution, with the City of Joondalup contributing equal amounts for each project. Detailed funding for projects will need to be considered as part of the annual budget process. The cost of delivering these projects could be reduced if the City is successful in obtaining external funding through grants.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the submissions received in respect of draft Yellagonga Integrated Catchment Management Plan and ENDORSES the responses to those submissions included in Attachment 2;  and

2.       ADOPTS the final draft Yellagonga Integrated Catchment Management Plan included in Attachment 3.

 

 

 

Attachments:

1.	As Advertised Draft Revised Yellagonga Integrated Catchment Management Plan 2014 - 2019	14/273593
2.	Submissions Received on City of Wanneroo Individual and Joint Projects	15/69677	Minuted
3.	Final Draft Revised Yellagonga Integrated Catchment Management Plan 2015 - 2019	15/74401	Minuted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Town Planning Schemes & Structure Plans

File Ref:                                              3381-36 – 14/237708

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

 

Issue

To consider adoption of the modified Amendment No. 36 to the East Wanneroo Cell 6 Agreed Structure Plan No.8 (ASP 8).

 

Applicant	MGA Town Planners & John Chapman Town Planning Consultants
Owner	Margaret and Ronald Bogdanich, Adam Clark & Emma Hastle, Bradley Staples, Michael De Graaf, Benjamin Taylor
Location	Lot 81 Cooper Street and Lots 9025, 1013 & 1014 Bethwyn Circuit, Madeley
Site Areas	40,721m2, 647m2, 505m2 and 488m2 respectively
MRS Zoning	Urban
DPS 2 Zoning	Urban Development
ASP 8 Zoning	Residential R20

 

 

Background

On 31 January 2013, MGA Town Planners, on behalf of Perron Developments Pty Ltd, submitted Amendment No. 36 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8 (ASP 8) to the City for its consideration.  The amendment proposed to recode a portion of Lot 81 Cooper Street, Lots 1013, 1014 and a portion of Lot 9025 Bethwyn Circuit Madeley from R20 to R40 and a portion of Lot 9025 Bethwyn Circuit and portion of Lot 81 Cooper Street, Madeley from R20 to R30.  A location plan is provided as Attachment 1.

 

On 26 June 2013, the Director, Planning and Sustainability 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. 36 to ASP 8 commenced on 2 July 2013 in accordance with Clause 9.5 of District Planning Scheme No. 2 (DSP 2).

 

On 3 October 2013, the Acting Director, Planning and Sustainability forwarded a memorandum to all Elected Members notifying of his intent to determine the amendment under delegated authority and provided the opportunity for members to request referral of the proposal to Council for its determination.  No such requests were received and, as such, the amendment was adopted under delegated authority on 10 December 2013 and forwarded to the Western Australian Planning Commission (WAPC) for its certification on 12 December 2013.

 

On 4 February 2014, the WAPC resolved to adopt Amendment No. 36 to ASP 8 subject to modifications.  Following discussions between the WAPC and the applicant, a revised proposal was submitted to the City by John Chapman Town Planning Consultants on 31 July 2014 to modify the adopted amendment by deleting two east-west roads connecting Vandia Pass and Trojan Bend with Cheltondale Drive. 

The proposed modifications were advertised from 7 August to 28 August 2014 and two submissions objecting to the proposal were received.  In addition, Petition PT02-09/14 against the proposal was received by Council at its meeting of 17 September 2014.

As a result of adverse submissions being received in relation to the proposed modifications, the proponent resubmitted a further revised proposal on 23 October 2014, which was advertised from 16 December 2014 to 4 February 2015.

Detail

Amendment No. 36 to ASP 8 was adopted by the WAPC on 4 February 2014 subject to modifications.  The adopted Amendment No. 36 recodes:

 

·        Lots 1013, 1014, a portion of Lot 9025 Bethwyn Circuit and a portion of Lot 81 Cooper Street Madeley from R20 to R40; and

·        A portion of Lot 9025 Bethwyn Circuit and a portion of Lot 81 Cooper Street, Madeley from R20 to R30.

 

A copy of the adopted Amendment No. 36 plan is provided as Attachment 2.

 

The modifications required by the WAPC are as follows:

 

a)   Modify the proposed road layout shown on the southern portion of Lot 81 Cooper Street, Madeley to:

 

i.     Extend Bethwyn Circuit westwards to intersect with the northern extension of Cheltondale Drive as a 'T' intersection;

ii.     Extend Cheltondale Drive northwards to intersect with the proposed Framton Way as a 'right angle' intersection;

iii.    Extend the proposed Framton Way in a westerly direction to the western boundary of Lot 81 Cooper Street;

 

b)   Reduce the proposed R40 coded area north of Bethwyn Circuit with the western boundary corresponding with the eastern boundary of the proposed northern extension of Cheltondale Drive;

 

c)   Increase the proposed R30 coded area south of Bethwyn Circuit to the eastern boundary of the proposed northern extension of Cheltondale Drive; and

 

d)   Modify the amendment documentation in accordance with the above modifications.

 

A copy of the plan depicting the WAPC’s required modifications is provided as Attachment 3.

 

On 23 October 2014, the applicant submitted a revised proposal to modify the adopted Amendment No. 36 by:

 

·        Removing the east-west connection of Vandia Pass to Cheltondale Drive;

·        Increasing the portion of Lot 81 to be recoded from R20 to R30; and

·        Removing the proposed recoding of a portion of Lot 81 from R20 to R40.

 

The revised proposal differs from the Amendment No. 36 adopted by the WAPC to the extent of the:

 

·        Recoding of a portion of Lot 81 from R20 to R30 (in lieu of R40 code adopted by the WAPC); and

·        Deletion of the east-west connection of Vandia Pass to Cheltondale Drive.

A copy of the revised Amendment No. 36 plan is provided as Attachment 4.

Consultation

The modifications proposed to the adopted Amendment No. 36 were advertised for public comment for a period of 50 days commencing on 16 December 2014.  The consultation process is usually for a period of 42 days, however, this timeframe was extended by 8 days due to the Christmas/New Year period.  The consultation process involved the placement of a sign on site, an advertisement in the Wanneroo Times newspaper, notice on the City’s website and letters written to adjoining landowners.  The submission period ended on 4 February 2015 and two submissions were received, one objecting to the proposal and one supporting the proposal.  The main issues raised by the objector related to the recoding of the land and the deletion of the east-west link between Trojan Bend, Vandia Pass and Cheltondale Drive.  These issues are discussed below in the Comment section. 

 

A schedule of submissions and Administration’s comments are included as Attachment 5.

Comment

WAPC modifications

 

The WAPC adopted the recoding of the portion of Lot 81 immediately to the north of Bethwyn Circuit and east of Frampton Way from R20 to R40, subject to realignment of boundaries in accordance with the plan dated 4 February 2014 (Attachment 3).  The revised proposal now proposes for this land to be recoded to R30, in addition to the further portion of Lot 81 (currently R20) shown in Attachment 6.  Administration supports recoding of the portion of Lot 81 from R20 to R30, as the R30 coding is consistent with the coding of adjacent land in Trojan Bend, Vandia Pass and Bethwyn Circuit.  The Department of Planning has also advised that the WAPC would support this portion of Lot 81 being recoded to R30 in lieu of the R40 coding previously adopted by the WAPC.

 

Previously proposed modifications to Amendment No. 36 - Petition PT02-09/14

 

On 31 July 2014, the applicant submitted a revised proposal which proposed to delete the two east-west road connections from Vandia Pass and Trojan Bend to Cheltondale Drive.  This proposal was advertised to landowners within Vandia Pass and Trojan Bend for a period of 21 days, with the consultation period ending on 28 August 2014.  At the end of the consultation period, two submissions were received, both objecting to the proposed deletion of these two roads.

 

In addition, Council, at its meeting of 17 September 2014, was presented with Petition PT02-09/14 relating to proposed modifications to the adopted Amendment No. 36.  The petitioners objected to the proposed deletion of the two east-west links between Vandia Pass and Trojan Bend to Cheltondale Drive, as they considered it would be detrimental to pedestrian and vehicle connectivity within the area.  The petitioners indicated they would be satisfied if at least one connection could be retained.

 

As a result of the Petition and the objections received in relation to the proposed deletion of the two east-west roads, the proponent resubmitted the current proposed modifications to the adopted Amendment No. 36, which retains the connection of Trojan Bend with Cheltondale Drive.

 

 

Deletion of the east-west link

 

One submitter objected to the deletion of the Vandia Pass connection with Cheltondale Drive, as it may lead to traffic congestion in the area because the roads have not been designed for twice the number of residents.  The land the subject of the recoding is currently coded R20.  Based on this R20 code, a total of 31 lots can be created within the Amendment No. 36 area.  If part of the land is recoded from R20 to R30 and R40 as proposed by Amendment No. 36, a total of 38 lots could be created.   This means that Amendment No. 36 could facilitate the creation of up to an additional seven lots. 

 

The WAPC’s Transport Assessment Guidelines for Developments (TAGD) estimates that a dwelling generates 0.8 vehicle trips for the AM and PM peak hours.  Therefore, based on the existing R20 code a total of 25 vehicle movements could be generated during the AM and PM peak hour.  The additional seven dwellings generated by the proposed modifications to Amendment No. 36 could facilitate an additional six vehicle movements during the AM and PM peak hour, bringing the total number of vehicle movements within the Amendment No. 36 area during this period to 31.  The TAGD states development which has the potential to increase the vehicle trips in the AM and PM peak hours by less than 10 vehicle trips is low impact and therefore is not subject to further transport assessment.  Consistent with the TAGD, Administration considers the impact of these additional vehicle movements to be negligible and capable of being accommodated within the existing road network.

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. 36 to ASP 8 be adopted without modifications.

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.”

Risk Management Considerations

Nil

Policy Implications

This proposal has been assessed under the provisions of the City’s District Planning Scheme No. 2 policy.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to Clause 9.4.1 of District Planning Scheme No. 2 DETERMINES that the modified Amendment No. 36 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8 as required by the Western Australian Planning Commission and as proposed by MGA Town Planners and John Chapman Town Planning Consultant as shown on Attachment 4 to this report is SATISFACTORY;

2.       Pursuant to Clause 9.6.1 of District Planning Scheme No. 2, ADOPTS the modifications to Amendment No. 36 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8 and FORWARDS three copies of the modified amendment document to the Western Australian Planning Commission for its adoption and certification;

3.       Pursuant to Clause 9.6.5 of the District Planning Scheme No. 2 AUTHORISES the Director, Planning and Sustainability to SIGN the amendment document, once the amendment has been adopted and certified by the Western Australian Planning Commission; and

4.       NOTES and ENDORSES the Schedule of Submissions and Administration’s comments and recommendations included as Attachment 5 to this report and FORWARDS the Schedule of Submissions to the Western Australian Planning Commission; and

5.       ADVISES the submitters of its decision.

 

 

 

   Attachments:

1.	Attachment 1 - Aerial Location Plan	15/76771
2.	Attachment 2 - Adopted Amendment No. 36	15/83171
3.	Attachment 3 - WAPC modifications	15/83165
4.	Attachment 4 - proposed modifications to adopted Amendment No. 36	15/71822	Minuted
5.	Attachment 5 - Schedule of Submissions	15/70252	Minuted
6.	Attachment 6 - Subdivision concept plan	15/71313

 

 

 

 

 

 

 

 

 

 

 

 

 

CITY OF WANNEROO

AMENDMENT NO. 36 TO THE EAST WANNEROO CELL 6 STRUCTURE PLAN NO. 8

  SCHEDULE OF SUBMISSIONS FOLLOWING ADVERTISING

(Advertising of proposed modifications to adopted Amendment – closed 4 February 2015)

 

No.	Summary of Petition	Administration Response	Recommended modification
1.	Daniel Lipari
1.1	Submitter comments that they have not yet received a response in relation to their submission made to the modified proposal advertised in August 2014.	Noted.  It is standard practice that Administration will send written acknowledgement when a submission is received.  In this instance, Administration had spoken with the submitter by telephone and unfortunately a written acknowledgement was not provided.   A further written response is provided to a submitter once the proposal has been determined under delegated authority, or prior to the proposal being referred to Council for its determination.  The proposal advertised in August 2014 was not determined under delegated authority nor referred to Council for its determination.  The applicant submitted a revised proposal (as a consequence of submissions received in August 2014) on 23 October 2014.   The submitter was notified by letter dated 15 December 2014 of the proposed modifications to the adopted amendment which are now being considered by Council.  This submissions was acknowledged in writing by Administration on 18 December 2014.	No modification required.
1.2	It seems the developer still proposes to remove the east-west roads and have presented a housing report to try and justify turning blocks into R40 for no other reason than to maximise profits.   The land and area is already coded R30 which is more than suitable.  Submitter objects to lot sizes less than 180m2 and comments this is almost a 50% reduction in existing lot sizes.  Smaller lots will congest the area which has not been designed for twice the number of occupants.  There are other zones closer to the school which are coded R40.	The revised proposal submitted on 23 October 2014 proposes to delete the east-west connection of Vandia Pass to Cheltondale Drive.  The connection of Trojan Bend to Cheltondale Drive will be retained.   The revised proposal currently being considered by Council seeks to modify the adopted Amendment No. 36 by deleting the east-west connection of Vandia Pass to Cheltondale Drive and recoding a portion of Lot 81 Cooper Street from R20 to R30.  If Council supports the revised proposal, the recoding will facilitate the creation of an additional seven lots.  Administration is of the view that seven additional lots can be accommodated within this area without resulting in traffic congestion.   The recoding of Lots 1013, 1014 and a portion of Lot 9025 Bethwyn Circuit from R20 to R40 has already been adopted by the Western Australian Planning Commission and therefore is not affected by the revised proposal currently being considered.	No modification required.
1.3	Please retain the east-west connection of Vandia Pass and Trojan Bend and keep the coding the same.	Noted.  Refer to response for 1.2 above.	No modification required.
2.	Ashish Kaneria
2.1	I am pleased to see that the City has considered our Petition and agreed to provide a solution that suits both parties.  I have no objection to the removal of the east-west connection of Vandia Pass to Cheltondale Drive.  Allowing Trojan Bend to continue and connect to Cheltondale Drive meets most of the residents requirements.  Thanks to everyone involved in this process.	Noted.	No modification required.

 

 

 

File Ref:                                              2957-05 – 15/20314

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       7         

 

Issue

To consider submissions received during public advertising of Amendment No. 5 to the Drovers Place Precinct Agreed Structure Plan (ASP 80) and determination of the amendment.

 

Applicant	TPG Town Planning, Urban Design and Heritage
Owner	Lakewide Pty Ltd
Location	Lot 1 (1369) Wanneroo Road, Wanneroo Lot 132 (1351) Wanneroo Road, Wanneroo
Site Area	Lot 1 – 3.2871 hectares Lot 132 – 3.4087 hectares
MRS Zoning	Urban
DPS 2 Zoning	Urban Development
ASP 80 Zoning	Special Use

 

 

Background

Amendment No. 5 to ASP 80 primarily effects Lot 1 (1369) and Lot 132 (1351) Wanneroo Road, Wanneroo. The proposed modifications incorporated into Amendment No. 5 also have an effect on the adjoining Lot 810 (1397) and Lot 811 (1387) Wanneroo Road, Wanneroo, as discussed in the Detail section of the Report.

 

A plan showing the location of Lots 1, 132, 810 and 811 is provided as Attachment 1. All four lots are situated within the Central Precinct of ASP 80, which ASP 80 zones as Special Use. 

 

Council at its 14 October 2014 Meeting (PS05-10/14) considered Amendment No. 3 and Amendment No. 4 to ASP 80. Amendment No. 3 to ASP 80 proposed to modify ASP 80 text by adding Medical Centre and Pharmacy as discretionary ('D') uses on Lots 810 and 811. The purpose of Amendment No. 4 to ASP 80 was to address land use permissibility on Lot 810 and Lot 811 through one comprehensive amendment. Both Amendments No. 3 and No. 4 are subject to ongoing proceedings at the State Administrative Tribunal (SAT) following Council’s decision on these amendments.

 

On 10 November 2014, TPG Town Planning, Urban Design and Heritage, on behalf of the landowner of Lot 1 and Lot 132, lodged Amendment No. 5 to ASP 80.  On 24 November 2014, the Manager Planning Implementation forwarded a memorandum to all Elected Members, providing the opportunity for Elected 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. 5 to the ASP 80 was carried out between 16 December 2014 to 4 February 2015; in accordance with Clause 9.5 of DPS 2.

Detail

The Amendment No. 5 documentation is included as Attachment 2.  The purpose of Amendment No. 5 is to modify the text to:

 

 

1.       Amend the general objectives included in Clause 7.0 of the structure plan to better respond to the ongoing planning of the structure plan area.

 

2.       Amend the Statement of Intent relating to the Central Precinct to accord with State Planning Policy 4.2 – Activity Centres for Perth and Peel (SPP 4.2) – in particular to accord with the provisions of SPP 4.2 pertaining to 'out-of-centre development'.

 

3.       Increase the range of land uses capable of being approved within the Central Precinct;

 

4.       Increase the maximum ‘Showroom’ floorspace capable of being approved on Lots 1 and 132 from 11,500m² retail net lettable area (NLA) to 13,000m² NLA; and

 

5.       Introduce a requirement for the landowner of Lot 1 and Lot 132 to enter into cost sharing arrangements between the City of Wanneroo and Main Roads WA (MRWA) for the design and construction of a four-way signalised intersection at the intersection of Wanneroo Road and Clarkson Avenue.

 

Amendment No. 5 does not propose to modify the ASP 80 Map.

 

As outlined in the Background section of the Report, Council has recently considered two proposed amendments to ASP 80 (Amendments No. 3 and No. 4) which affect Lot 810 and Lot 811. While the applicant for Amendment No. 5 substantially agrees with what Council adopted in those amendments, the applicant is strongly of the opinion that there should be a consistent approach to the intent and land use permissibility across the entire Central Precinct of ASP 80.

 

Amendment No. 5 has been prepared in a way that the Central Precinct remains as one cohesive precinct. Amendment No. 5 employs the objectives, Statement of Intent and land use permissibility changes proposed for Lot 810 and Lot 811 as part of Amendments No. 3 and No. 4, to effect all lots in the Central Precinct. Amendment No. 4 on the other hand sought to split the Central Precinct into two sub-precincts, with different land use permissibilities in each sub-precinct. The applicant is of the opinion that the Central Precinct should not be split into two sub-precincts but rather that it should remain as one cohesive precinct on the following basis:

 

·        The range of uses would generally be the same across all of the lots within the Central Precinct.

 

·        The Central Precinct will ultimately be developed as an integrated development which will share internal reciprocal access and consolidated access points onto Wanneroo Road and Drovers Place.

 

A table outlining the changes proposed as part of Amendment No. 5 – in relation to the existing ASP 80 text – is included as Attachment 3.

Consultation

Amendment No. 5 was advertised for public comment by means of an on-site sign, an advertisement in the Wanneroo Times newspaper, display on the City’s website and letters written to adjoining landowners.

 

Administration advertised Amendment No. 5 from 16 December 2014 to 4 February 2015, with five submissions received.  The submissions objecting to the proposal predominantly expressed concerns regarding the viability of nearby centres, and the possible impacts of the amendment on other landowners within the Drovers Place Precinct Structure Plan. 

 

 

A summary of submissions received and Administration's responses to each is provided in Attachment 4.

Comment

Amendment No. 5 proposes extensive changes to the ASP 80 text, all of which are outlined in the Table included as Attachment 3. Essentially, Amendment No. 5 proposes the same range of land uses on Lot 1 and Lot 132 that Council has recently supported through Amendments No. 3 and No. 4 for Lot 810 and Lot 811 of the Central Precinct, with a small number of minor differences as outlined below. The comments below expand and further discuss the key issues associated with the amendment proposal.

 

Changes to Land Use Definitions and Permissibility

 

Administration has reviewed all proposed land use permissibility and definition changes, and a summary of that review is outlined in the Table included as Attachment 5.

 

Attachment 6 includes a table that outlines the land use permissibility differences between what was previously adopted by Council as part of Amendment No. 4 at its 14 October 2014 Council Meeting (PS05-10/14) and what is being supported by Administration in its considerations of Amendment No. 5. As outlined in Attachment 6, Administration is recommending that the land use permissibilities supported as part of Amendment No. 5 be the same as those adopted by Council when it considered Amendment No. 4, with exception to the following:

 

Place of Assembly, Place of Worship and Service Station – Amendment No 5 proposes to list these land uses as ‘D’ uses for the Central Precinct; however, Amendment No. 4 had proposed to designate these land uses as prohibited or ‘X’ uses.

 

Administration supports the permissibility of these land uses being modified from 'X' to 'D' in the Central Precinct. This proposed change to land use permissibility does not conflict with the Statement of Intent proposed in this Amendment, for the following reasons:

 

·    These uses are considered as either a community service, entertainment, commercial or cultural facility;

·    These uses could potentially attract a significant number or users and/or has the potential to generate significant vehicle trips from customers or other interested persons;

·    These uses are unlikely to have significant planning implications on nearby activity centres; and

·    These uses are capable of providing for a built form that recognises the environment of Yellagonga Regional Park. For example with the Service Station land use, environmental issues could be managed onsite through the use of grease traps and other measures that prevent the runoff of waste materials into wetland areas.

 

Market (Retail) – Although this land use was proposed as part of Amendment No. 4, the applicant advised prior to Council’s consideration Administration that they no longer wished to pursue ‘Market (Retail)’ as a ‘D’ use on Lot 810 and Lot 811. For that reason, Administration then recommended to Council that this land use be a prohibited (or ‘X’) use on Lot 810 and Lot 811.

 

However, on considering Amendment No. 5, Administration supports the permissibility of this land use being modified from ‘X’ to 'D'. The current land use permissibility does not conflict with the Statement of Intent proposed in this Amendment, for the following reasons:

 

·    This use is considered as either a community services, entertainment, commercial or cultural facility;

 

·    This uses could potentially attract a significant number of employees or users and/or has the potential to generate significant vehicle trips from customers or other interested persons;

·    This uses are unlikely to have significant planning implications on nearby activity centres; and

·    This use is capable in providing for a built form that recognises the environment of Yellagonga Regional Park.

 

Showroom (condition allowing the sale of food and groceries within 35% of the floorspace) –As proposed in Amendment No. 5, Amendment No. 4 also proposed the introduction of a new land use of ‘General Store’ being introduced in ASP 80. When Administration presented Amendment No. 4 to Council, and as an alternative to supporting the introduction of General Store, Administration presented a modification that imposed conditions to the 'Showroom' land use. That condition allowed 35% of a Showroom floorspace is used for the sale of household goods, food and groceries. At that time, the applicant expressed that they had sought advice from a prospective tenant (Aldi) that they would only require 35% of their premises for the sale of food and groceries; advice that was later retracted by the applicant.

 

The applicant for Amendment No. 5 has not cited any intent to attract particular tenants (such as Aldi) as a reason to propose the introduction of the General Store land use. Therefore, Administration does not support the introduction of the General Store land use or for Amendment No. 5 to include conditions for the Showroom land use, as were proposed by Administration in Amendment No. 4.

 

Showroom (change in maximum Showroom NLA on Lot 1 and Lot 132) – Amendment No. 5 proposes to increase maximum NLA permitted for Showroom development on Lot 1 and Lot 132, from 11,500m² (as currently prescribed in ASP 80) to 13,000m². This increase had not been proposed as part of Amendment No. 4. Amendment No. 5 does not propose to change the maximum NLA permitted for Showroom development on Lot 810 and Lot 811, which is currently 5,500m².

 

Increasing the maximum NLA for Showroom development is supported by the provisions of SPP 4.2 relating to bulky goods retailing. This is because SPP 4.2 identifies that bulky goods retail should be situated in mixed business or equivalent zones, situated outside activity centres. Because the Special Use Zone of the Central Precinct is intended to accommodate a range of land uses (including bulky goods retail uses), Administration considers the zoning of the Central Precinct as a satisfactory equivalent for the purpose of interpreting SPP 4.2 in this instance. Administration therefore supports the proposed increase of maximum NLA permitted for Showroom development on Lot 1 and Lot 132. The increase of maximum NLA for Showroom development would need to be contained within the building envelope depicted in the Detailed Area Plan for the Central Precinct certified by the City in November 2013.

 

Intent of the Central Precinct

 

The current Statement of Intent for the Central Precinct relating to Lot 1 and Lot 132 is as follows:

 

"The intent of the Central Precinct is to provide for niche business and cultural uses that benefit from high exposure to Wanneroo Road but do not significantly compromise the viability of nearby activity centres and encourage a built form that respects and recognises the environment of Yellagonga Regional Park."

 

Council at its 14 October 2014 Meeting resolved to adopt a change to the Statement of Intent wording, as part of its consideration of Amendment No. 4.

 

 

That amendment only considered land use changes affecting Lot 810 and Lot 811 Wanneroo Road, in which changes to the Statement of Intent affecting the lots subject to Amendment No. 4 were necessary. The Statement of Intent wording as adopted by Council as part of Amendment No. 4 is as follows:

 

“1.1   The intent of the Special Use Zone “A” within the Central Precinct is to provide for niche business and cultural uses that benefit from high exposure to Wanneroo Road but do not significantly compromise the viability of nearby activity centres.

 

1.2     The intent of the Special Use Zone “B” within the Central Precinct is to accommodate health, welfare, community services, entertainment, recreation, commercial and cultural facilities that.

 

·        Attract a significant number of employees or users and/or generate significant vehicle trips; and

·        Do not significantly compromise the viability of nearby Activity Centres.

 

1.3     Development within both the Special Use Zone “A” and the Special Use Zone “B” is encouraged to provide a built form that respects and recognises the environment of Yellagonga Regional Park.”

 

Amendment No. 5 proposes to vary the Statement of Intent as adopted in Amendment No. 4 by Council at its 14 October 2014 Meeting. The Statement of Intent proposed for the Central Precinct in Amendment No. 5 employs the same language to the Statement of Intent items 1.2 and 1.3 as adopted by Council for Amendment No. 4 – however altered to make reference to the Central Precinct holistically. 

 

Amendment No. 4 proposed to create two distinct Special Use zones within the Central Precinct each with their own Statements of Intent. Special Use Zone 'A' encompasses Lot 1 and Lot 132, whereas Special Use Zone 'B' encompasses Lot 810 and Lot 811. The Statement of Intent proposed for Amendment No. 5 is as follows:

 

“1.1   The intent of the Central Precinct is to accommodate health, welfare, community services, entertainment, recreation, commercial and cultural facilities that:

 

·        Attract a significant number of employees or users and/or generate significant vehicle trips; and

·        Do not significantly compromise the viability of nearby Activity Centres.

 

1.2     Development is encouraged to provide a built form that respects and recognises the environment of Yellagonga Regional Park.”

 

Administration considers that the change to the Statement of Intent would not adversely affect the Amendment No. 4 SAT proceedings that are currently occurring. This is because the Statement of Intent proposed in Amendment No. 5 is the same as the Statement of Intent adopted by Council for Amendment No. 4.

 

Out-of-Centre Development

 

'Out-of-centre development' is a term used in State Planning Policy 4.2: Activity Centres for Perth and Peel (SPP 4.2) to describe a form of business development that could occur outside designated activity centres. SPP 4.2 does not designate particular sites in which out-of-centre development can occur.

 

 

SPP 4.2 does, however, stipulate that out-of-centre development can occur on appropriately zoned land where health, welfare, community services, entertainment, recreation, commercial and cultural uses cannot be accommodated within, or adjacent to activity centres.

 

LPP 3.2 only recognises Lot 810 and Lot 811 as an existing out-of-centre development, and not Lot 1 and Lot 132. This is because LPP 3.2 only recognises the location of existing out-of-centre development. The development on Lot 810 and Lot 811 existed at the time that LPP 3.2 was prepared, and therefore is recognised as an out-of-centre development in LPP 3.2.

 

If and when development occurs on Lot 1 and Lot 132, it could be recognised as an out-of-centre development. However, Administration considers it premature to modify the provisions of LPP 3.2 to recognise Lot 1 and Lot 132 as an out-of-centre development at this point in time, as no development currently exists on these lots. Administration intends to monitor the progress of development on Lot 1 and Lot 132, and once development has been completed, consider how best to recognise the site within the context of the provisions of LPP 3.2.

 

Contribution toward Traffic Signals

 

Currently Table F – Section 5.1 of ASP 80 contains the following provision:

 

“If business development of Lots 1 and 132 is proposed, in accordance with the structure plan, a condition of such development shall be that the subdivider/developer of Lots 1 and 132 Wanneroo Road in the Business Precinct, in consultation with MRWA, shall design and construct a four-way signal controlled intersection at the junction of Clarkson Avenue and Wanneroo Road, as indicated on Plan 1, to the specification and satisfaction of the City of Wanneroo.”

 

As outlined in Attachment 3 (Item 16), this amendment proposes to modify this provision, so that the landowner of Lots 1 and 132 would be responsible in only contributing to the design and construction of traffic signals. This is opposed to the current ASP 80 provision, which requires the subdivider/developer of Lots 1 and 132 fully funding the design and construction of the traffic signals. Administration does not accept this proposed aspect of the amendment proposal, for the following reasons:

 

·        Administration considers that it is the development adjoining Wanneroo Road that provides the need for the traffic signals to be designed and constructed. The purpose of the signalised intersection is to safely guide vehicles entering and exiting Wanneroo Road to Lot 1 and Lot 132.

 

·        The proposed amendment does not specify to what extent (such as a percentage or other value) that the landowner should contribute to the design and construction of traffic signals. In the absence of the applicant outlining how the remaining costs will be recovered, responsibility for the design and construction of the traffic signals could inequitably fall on the City and/or Main Roads WA.

 

In light of the above, Administration does not recommend this aspect of the amendment proposal be supported. A modification to this effect is tabled in the Schedule of Modifications included in Attachment 7.

 

Conclusion

 

The land use permissibilities supported by Administration are generally the same as adopted by Council when it considered Amendments No. 3 and No. 4 in October 2014.

 

 

The differences in what Administration is supporting in its consideration of Amendment No. 5 (compared to what was adopted by Council when it considered Amendments No. 3 and No. 4) are outlined in Attachment 6.

 

It is for the reasons outlined in this report that Amendment No. 5 is supported in principle by Administration, however subject to modifications listed in Attachment 7.

Statutory Compliance

The 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 Council adopt Amendment No. 5 to Drovers Place Precinct Agreed Structure Plan No. 80 subject to modifications.

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.”

Risk Management Considerations

Nil

Policy Implications

As discussed above, the modifications to the Statements of Intent proposed in Amendment No. 5 have been assessed and considered under the provisions of the City’s Local Planning Policy 4.2: Structure Planning, Local Planning Policy 3.2: Activity Centres and State Planning Policy 4.2: Activity Centres for Perth and Peel.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.         Pursuant to Clauses 9.6.1 (b) of the City of Wanneroo District Planning Scheme No. 2, RESOLVES that Amendment No. 5 to Drovers Place Precinct Agreed Structure Plan No. 80, included as Attachment 2, submitted by TPG Town Planning, Urban Design and Heritage on behalf of Lakewide Pty Ltd is SATISFACTORY, subject to the recommended modifications listed in the Schedule of Modifications included as Attachment 7 being made to the satisfaction of the Director Planning and Sustainability;

 

 

2.       Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, SUBMITS three copies of Amendment No. 5 to Drovers Place Precinct Agreed Structure Plan No. 80 to the Western Australian Planning Commission for its adoption and certification, once modified in accordance with 1. above;

 

3.       Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS the duly modified Amendment No. 5 to Drovers Place Precinct Agreed Structure Plan No. 80 and AUTHORISES the Director, Planning and Sustainability to SIGN the Amendment documents; and

 

4.       NOTE the Schedule of Submissions received in respect of Amendment No. 5 to Drovers Place Precinct Agreed Structure Plan No. 80 included as Attachment 4, ENDORSE Administration’s comments and recommendations in response to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission and ADVISES the submitters of its decision.

 

 

 

Attachments:

1.	Attachment 1 - Location Plan -Amendment  5 to ASP 80	15/39862
2.	Attachment 2 - Proposed Amendment No. 5 to Drovers Place Precinct Agreed Structure Plan No. 80	15/35993	Minuted
3.	REVISED ATTACHMENT 3 -Table Outlining Changes to ASP 80 resulting from Amendment No  5	15/88527
4.	REVISED Attachment 4 - Summary of Submissions for Report - Amendment No. 5 to ASP80	15/81935	Minuted
5.	REVISED ATTACHMENT 5 - Table Discussing Changes to Land Use Permissibility	15/88528
6.	REVISED Attachment 6 - Comparison of Land Use Permissibilities between Amendment No. 4 and Amendment No. 5	15/89701
7.	REVISED Attachment 7 - Administration Recommended Modifications	15/88530	Minuted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

File Ref:                                              8233 – 15/28889

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

 

Issue

To consider the submissions received during the public advertising of Amendment No. 129 to District Planning Scheme No.2 (DPS 2) and adoption of that amendment.

 

Background

In the process of reviewing the City's development assessment and planning approval processes, Administration has noted that the Metropolitan Region Scheme (MRS) exemption of "Single Dwelling House" from the need for approval has different terminology, to the exemption under DPS 2 for "Single House" and associated "dwelling" development. In addition, Administration noted that no definition exists for "Single Dwelling House" in DPS 2, the Residential Design Codes (R-Codes) or even the MRS itself.

 

The inconsistency in the wording of the exemptions under DPS 2 and the MRS, and the lack of a definition for "Single Dwelling House", mean the single house exemption under
DPS 2 is unclear and creates confusion between the requirements of the two planning schemes. Amendment No. 129 proposes to clarify these exemptions by amending DPS 2 so that the single house exemption is consistent with that of the MRS, and so that all applicable terms are clearly defined to avoid any doubt when applying and interpreting these exemptions.

 

The Amendment also seeks to ensure that incidental development associated with a single house, such as a garden shed and patio, are exempt from the need to obtain planning approval.

 

Council, at its meeting of 14 October 2014 considered the proposal and resolved as follows (refer Item PS02-10/14):

 

“That Council:

 

1.       Pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 129 to District Planning Scheme No. 2 by:

 

a)      Replacing the words “Single House" with the words "Single Dwelling House" within the first sentence of subclause 6.1.3 (b);

 

b)      Replacing the word "dwelling" with the words "'Single House'" in subclause 6.1.3 (b); and

 

c)      Inserting the following definition into Schedule 1 - Interpretations under
1. General Definitions:

 

"Single Dwelling House: means a Single House, as defined by the Residential Design Codes, as well as any incidental development thereto, as defined by the Residential Design Codes."

 

 

 

2.       REFERS Amendment No. 129 to District Planning Scheme No. 2 to the Environmental Protection Authority for comment pursuant to Section 81 of the Planning and Development Act 2005;

 

3.       Subject to no objection being received from the Environmental Protection Authority, ADVERTISES the amendment for public comment for a period of 42 days, pursuant to Regulation 25(2) of the Town Planning Regulations 1967; and

 

4.       FORWARDS a copy of Amendment No. 129 to District Planning Scheme No. 2 to the Western Australian Planning Commission."

Detail

Proposal

 

The MRS' "Single Dwelling House" exemption is included in Part III - Zones, under the subheading "Development of Land in Zones", where subclause 24(2) states that:

 

"Approval under this Part is not required for the development of land if:

 

b)      that development consists of:

 

(i)      the erection on a lot of a single dwelling house which will be the only building on the lot..."

 

The exemptions under DPS 2 are included in subclause 6.1.3, which state that:

 

"the Council's prior Planning Approval on land zoned by the Scheme is not required if the development consists of:

 

(b)     the erection on a lot of a single house which will be the only building on that lot and where a dwelling is a permitted (“P”) use in the zone in which that lot is situated...”

 

There are some clear inconsistencies between the MRS exemptions and those included in DPS 2. While the MRS exempts a "Single Dwelling House" from the need for approval, DPS 2 exempts a "Single House" from the need for planning approval if a "dwelling" is a permitted ("P") use in the zone in which the development is proposed. These inconsistencies, along with the fact that "dwelling" is not a prescribed use class in DPS 2 and "Single Dwelling House" is not defined in the MRS, DPS 2 nor the R-Codes, mean that the exemptions are unclear and could be subject to different interpretations if not resolved.

 

Amendment No. 129 to DPS 2 proposes to clarify these exemptions by:

 

·        replacing the term "Single House", in the first sentence of subclause 6.1.3 (b) of DPS 2, with the term "Single Dwelling House", as is used in the MRS;

 

·        replacing the term "dwelling" with the DPS 2 use class "Single House"; and

 

·        including a definition for "Single Dwelling House" in DPS 2, so that both the use class 'Single House' as well as any incidental development is clearly covered by this exemption. The proposal would amend subclause 6.1.3 (b) so that it would read as follows:

 

 

 

 

"(b)    the erection on a lot of a Single Dwelling House which will be the only building on that lot and where a 'Single House' is a permitted (“P”) use in the zone in which that lot is situated...”; and

 

The proposed definition for "Single Dwelling House" to be inserted into Schedule 1 of the Scheme is as follows:

 

"Single Dwelling House: means a Single House, as defined by the Residential Design Codes, as well as any incidental development thereto, as defined by the Residential Design Codes."

 

This "Single Dwelling House" definition includes “Single House” which is defined in the R-Codes as:

 

“Single House: A dwelling standing wholly on its own green title or survey strata lot, together with any easement over adjoining land for support of a wall or for access or services and excludes dwellings on titles with areas held in common property.”

Consultation

In accordance with the Council’s decision, the Amendment was referred to the Environmental Protection Authority (EPA) for comment. On 15 December 2014, the EPA advised the City that the scheme Amendment did not warrant an environmental assessment.  The WAPC’s consent to advertise was not required in this case.

 

A 42-day public advertising period was carried out between 13 January and 24 February 2015 by way of an advertisement in the local newspaper and a notice in Council offices and on the City’s website. The City did not receive any submissions.

Comment

Impacts of Proposed Amendment No. 129

 

Currently, development applications are required for all incidental development (such as sheds, pergolas and retaining walls) within the Residential zone, whether the proposal is compliant with the R-Codes or not. Once a development application has been approved, often a building permit application will also be required to be lodged and checked against the National Construction Code to ensure the development is structurally sound.

 

Amendment No. 129 will remove the requirement for development applications seeking planning approval for incidental development to a single house to be lodged. However, incidental development that does not comply with the R-Codes and other statutory requirements will require a 'Codes Variation' which is assessed against the design principles of the R-Codes and the City's Local Planning Policy 2.1 – Residential Development by the City’s Building Services Section. With the assistance of the Planning Implementation Section, as required, the application can be reviewed to ensure that the proposal will not adversely impact the surrounding area. Currently the City of Wanneroo receives approximately 400 applications seeking planning approval for these types of development each year.  The majority of these applications are determined under delegated authority and are rarely contentious.

 

Two flow on benefits of Amendment No. 129 are:

 

·        Financial saving to landowners who no longer need to submit applications for planning approval and the associated fees; and

 

 

·        Reduced timeframes for landowners in obtaining relevant approvals from the City for compliant incidental development.

 

For the above reasons Administration recommends the adoption of Amendment No. 129 without modification.

Statutory Compliance

Amendment No. 129 has been processed in accordance with the Planning and Development Act 2005 and the Town Planning Regulations 1967.

 

In accordance with Regulation 17(2), Council is required to consider the submissions received in respect of Amendment No. 129 and must resolve to either (a) adopt the Amendment with or without modification, or (b) not proceed with the Amendment.

 

Further, pursuant to Regulation 18(1), within 28 days of the passing of that resolution, the City must provide the WAPC with (among other things) a schedule of submissions and Council's recommendation and response to the submissions, together with particulars of any modifications recommended to the amendment.

 

Administration recommends that Council adopts Amendment No. 129 in accordance with Regulation 17(2)(a), without modification.

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.

4.3    A Strong and Progressive Organisation - You will recognise the hard work and professionalism delivered by your council through your interactions and how our community is developing.”

Risk Management Considerations

Nil

Policy Implications

Nil

Financial Implications

Should Council support the recommendation to initiate the Amendment it is considered there would be a decrease in fees being received by the City.

Voting Requirements

Simple Majority

 

 

 

Recommendation

That Council:-

 

1.       Pursuant to Regulation 17(2)(a) of the Town Planning Regulations 1967, ADOPTS Amendment No. 129 to District Planning Scheme No. 2, without any modification, as follows;

 

a)      Replacing the words “Single House" with the words "Single Dwelling House" within the first sentence of subclause 6.1.3 (b);

b)      Replacing the word "dwelling" with the words "'Single House'" in subclause 6.1.3 (b); and

c)      Inserting the following definition into Schedule 1 - Interpretations under
1. General Definitions:

"Single Dwelling House: means a Single House, as defined by the Residential Design Codes, as well as any incidental development thereto, as defined by the Residential Design Codes."

 

2.       Pursuant to Regulations 22 and 25 of the Town Planning Regulations 1967, AUTHORISES the affixing of the common seal to, and endorses the signing of, the Amendment No. 129 documentation by the Director, Planning and Sustainability; and

 

3.       FORWARDS the Amendment No. 129 documentation to the Western Australian Planning Commission for its consideration, REQUESTING the Hon. Minister for Planning grant final approval of the Amendment.

 

1.                     

 

Attachments: Nil  

 

Development Applications

File Ref:                                              DA2014/1972 – 15/60795

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

 

Issue

To consider a development application for a proposed Single House Addition (Patio) to an existing Single House at Lot 2027 (3) Oakworth Meander, Tapping.

 

Applicant	Belahattin Beren
Owner	Shiby Kakkanatt and Binda Kakkanatt
Location	Lot 2027 (3) Oakworth Meander
Site Area	635m2
DPS 2 Zoning	Residential
ASP 21B Zoning	Residential

 

 

Background

The subject lot is 635m² in area and is zoned Residential under the District Planning Scheme No. 2 (DPS2) and Carramar South/Tapping North Agreed Structure Plan No. 21B (ASP 21B) with a residential density coding of R20. On 11 February 2003, a building licence for a Single House was approved.

 

Attachment 1 provides a location plan of the subject site.

Detail

The application is for a proposed 31.5m² patio on the south-west side of the subject lot.

 

The proposed patio is 10.79m in length, 2.92m in width, with post heights of 2.4m and a ridge height of 3.4m. The proposed finished floor level of the patio is the same level as the existing house. The patio is proposed with a nil setback to the south-west boundary. This is a variation to the Residential Design Codes (R-Codes) which requires a setback of 1.5m.

 

Attachment 2 provides a site plan and elevations for the proposal.

Consultation

The proposed patio adjoins two lots on the south-west boundary. Consultation was undertaken to both adjoining landowners to the south-west. An objection was received from one of the adjoining landowners.

 

Attachment 3 provides an aerial photograph showing the adjoining lots to the south-west and Attachment 4 provides a summary of the submission together with Administrations comments.

Comment

The R-Codes provides standards and requirements used to assess the patio. ASP 21B does not provide any alternative standards to the R-Codes and therefore is not relevant in assessing this application. 

 

The Deemed-to-Comply provisions of the R-Codes are quantitative, as of right requirements used to assess residential development. The proposed patio complies with the Deemed-to-Comply provisions of the R-Codes with the exception of the side (south-west) setback. The Deemed-to-Comply provision of Clause 5.1.3 of the R-Codes requires a 1.5m setback measured to the posts. The application proposes to vary this provision with the posts of the patio at a nil setback to the south-west boundary. The roof will be setback at 1.0m from the boundary.

 

In accordance with Clause 2.4 of the R-Codes, if a proposal does not meet the Deemed-to-Comply provisions, the City is to exercise its judgement to consider the merits of the proposal having regard to the relevant Design Principles. As the proposed patio does not meet the Deemed-to-Comply requirements of Clause 5.1.3 C3.1 of the R-Codes, it has been assessed against the corresponding Design Principles as detailed below.

 

Design Principles – Clause 5.1.3 P3.1	Administration Comments
Reduce impacts of building bulk on adjoining properties;	The proposed patio is unenclosed on the south-west and north-west sides and the patio's roof is setback 1.0m from the south-west boundary. Generally, building bulk arises from large solid walls and structures that impact the amenity of the adjoining properties. Due to the unenclosed sides and the setback of the roof, the building bulk impact is considered to be minor.
Provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and	In regards to the impact of direct sun to the adjoining lots to the south-west, shadows are cast by an existing retaining wall, fence and the existing single dwelling on the subject lot. The subject lot is elevated above the adjoining lots to the south-west (Lot 2007 (5) and Lot 2008 (3) Narranbee Ridge) by a retaining wall. This retaining wall elevates the subject lot 1.8m above Lot 2007 (5) Narranbee Ridge and 2.3m above Lot 2008 (3) Narranbee Ridge. An existing dividing fence of approximately 1.8m in height is located on top of the retaining wall. The retaining wall and boundary fence casts a shadow onto the lots to the south-west. In addition the existing dwelling on the subject lot also casts a shadow onto to the adjoining lots at a different period of the day.   The extent of overshadowing that will occur as a result of the patio will be negligible, as the shadow cast by the patio will generally fall within these shadows created by the existing retaining wall, dividing fence and existing dwelling. Attachment 5 provides a site plan of the subject lot and adjoining lots that shows the overshadowing that will occur.   Clause 5.4.2 of the R-Codes sets development standards for the solar access for adjoining sites. The Deemed-to-Comply provision of Clause 5.4.2 requires that the shadow cast onto the adjacent lot at midday, 21 June does not exceed 25%. The percentage of the shadows cast by the existing structures and proposed patio onto Lot 2007 (5) Narranbee Ridge is 7.1% and Lot 2008 (3) Narranbee Ridge is 0.8%. Therefore the proposed patio satisfies Clause 5.4.2.         In regards to the impact of direct sun to the open spaces and building on subject lot, a 150m2 area of open space to the north-west side of the lot still remains uncovered. This will allow sunlight onto this open space and all major openings on the northern side of the dwelling, ensuring adequate direct sun to the subject lot is still achieved.   In regards to the ventilation to the buildings and open spaces on the subject lot and adjoining properties, the patio is an unenclosed structure and therefore will not restrict ventilation.
Minimise the extent of overlooking and resultant loss of privacy on adjoining properties.	Clause 5.4.1 of the R-Codes sets out requirements for visual privacy and overlooking. This provision requires all major openings and unenclosed outdoor active habitable spaces to be setback at specific distances when a floor level of more than 0.5m above natural ground level is proposed. The floor level of the patio is proposed to be the same as the existing ground level. This is not more than 0.5 metres above the natural ground level. Therefore, the proposed patio will not result in overlooking on adjoining properties and the privacy of the adjoining properties will be maintained by the existing dividing fence.

 

Conclusion

 

In light of the above, the proposed setback variation for the patio is considered to meet the relevant Design Principles of the R-Codes. The patio also satisfies all other relevant Deemed-to-Comply clauses of the R-Codes. It is therefore recommended that Council approve the proposed Patio at Lot 2027 (3) Oakworth Meander, Tapping.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2, ASP 21B and the R-Codes.

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.”

Risk Management Considerations

Nil

Policy Implications

Nil

Financial Implications                                                                                                             

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1.       APPROVES the development application for the Single House Addition (Patio) at Lot 2027 (3) Oakworth Meander, Tapping, as shown in Attachment 2, pursuant to Clause 6.9.1(c) of District Planning Scheme No. 2 and subject to compliance with the following conditions to the satisfaction of the Manager Planning Implementation:-

a)   This approval only relates to the proposed Single House Addition (Patio), as shown on the plans dated 21 October 2014. It does not relate to any other development on the lot.

b)   All stormwater shall be collected and retained on site.

2.       ADVISES the submitter of this decision.

 

 

Attachments:

1.	Location Plan	15/71513
2.	Proposed Plans	15/82305	Minuted
3.	Aerial Photograph	15/71590
4.	Table of Submissions	15/83060
5.	Shadow Diagram	15/83046

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adjoining lots.

Proposed location of patio.

                                  

 

File Ref:                                              DA2014/2321 – 15/47948

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider a development application for a proposed Home Business Category 2 and commercial vehicle parking at Lot 171 (36) Castroreale Boulevard, Sinagra.

 

Applicant	Kristofer Pearson
Owner	Harold and Linda Pearson
Location	Lot 171 (36) Castroreale Boulevard, Sinagra
Site Area	600m2
DPS 2 Zoning	Urban Development
ASP No. 4 Zoning	Residential

 

 

Background

On 11 April 2014, the City received an anonymous complaint regarding the operation of a plumbing business at Lot 171 (36) Castroreale Boulevard, Sinagra (subject lot). The matter was investigated by the City's Planning Compliance section who determined that an unauthorised home business was operating and a commercial vehicle was being parked on the lot. The landowners were therefore requested to either discontinue the unauthorised home business and remove the commercial vehicle from the premises, or gain the necessary retrospective planning approval.

 

On 26 September 2014, the City received a development application for a Home Business Category 2 and commercial vehicle parking located at the subject lot. The subject lot is 600m² in area, is zoned Urban Development under District Planning Scheme No. 2 (DPS 2) and zoned Residential under Structure Plan No. 4 East Wanneroo Cell 2 (ASP 2), with a residential coding of R20.

 

Pursuant to Part 8.3 (b) of the City's Delegation of Authority Register, any application for planning approval shall be referred to Council for determination, where requested by the applicant in writing. On 11 February 2015, the City received written correspondence from the applicant requesting that the application be determined by Council.

 

Detail

 

The site plan, as lodged, depicting the proposal is included in Attachment 1. The application is split into two separate sections including;

 

·    Home Business Category 2; and

·    The parking of a commercial vehicle on the premises.

 

The proposed Home Business Category 2 is a plumbing business that involves the storage of PVC piping and fittings. These materials are proposed to be stored within an area of open space between the existing dwelling and the western lot boundary as well as within the existing garage. The proposed storage areas are less than 10m² in aggregate and are located behind the dwelling alignment. The stored materials will be utilised by the occupant of the dwelling off site, and will not be displayed for the purposes of retail sale or hire. The Home Business will therefore not result in customers visiting the premises.

 

The application also proposes the parking of a commercial vehicle on the premises. The vehicle is 6m in length, 2.3m in width, 2.6m in height and weighs 6.5 tonnes. The vehicle is depicted in photographs in Attachment 2. The vehicle is proposed to be parked between the primary street lot boundary and the existing garage, abutting the eastern lot boundary as indicated on Attachment 1.

Consultation

Administration considered that consultation was not required for two reasons. Firstly the Home Business Category 2 is considered compliant with the requirements of Schedule 1 of DPS 2 and secondly Administration have recommended that the commercial vehicle parking should not be approved, as discussed in detail in the body of the report, and therefore there was no need for the matter to be advertised.

Comment

The proposals two elements, Home Business Category 2 and commercial vehicle parking are discussed below.

 

Home Business requirements

 

The proposed home business satisfies the requirements of a Home Business Category 2 as per Schedule 1 of DPS 2. All equipment associated with the home business is proposed to be stored behind the dwelling alignment and will be screened from view from the street frontage and adjoining properties. As outlined above, the equipment will not be displayed for the purposes of retail sale or hire and will therefore not result in customers visiting the premises. The home business will therefore have a negligible impact on the surrounding locality and is therefore considered to be an appropriate use within the Residential zone. In light of the above it is considered that the Home Business Category 2 can be supported.

 

Commercial vehicle parking requirements under clause 4.23 of DPS 2

 

Clause 4.23 of DPS 2 details the City's standards for the parking of commercial vehicles. The proposal satisfies all requirements of this clause with the exception of subclause 4.23.3(b) which prescribes that a person may only park a commercial vehicle on a lot within the Residential zone if the vehicle is located behind the front of the dwelling, or alternatively if the vehicle is parked within a garage. The commercial vehicle is proposed to be parked in front of the dwelling alignment between the existing garage and the primary street lot boundary. Due to the size of the vehicle as well as the design of the existing dwelling, the parking area cannot be relocated behind the dwelling or within the existing garage as indicated on Attachment 1.

 

In light of the above, the proposed commercial vehicle parking does not satisfy the requirements of subclause 4.23.3(b). However, the City may exercise its discretion to approve this variation under subclause 4.23.6 or clause 4.2 of DPS 2 as detailed below.

 

Discretion to vary requirements under subclause 4.23.6 of DPS 2

 

Subclause 4.23.6 permits the City to approve a variation to any of the requirements of subclause 4.23.3(b) provided that the City is satisfied that the variation will not adversely affect the amenity of the area surrounding the subject land.

 

Administration considers that parking the proposed commercial vehicle in front of the existing dwelling would have a detrimental impact on the streetscape due to the appearance of the vehicle. As indicated on Attachment 1 and 2, the vehicle is proposed to protrude significantly into the street setback area.

 

In this location, the vehicle will be visually obtrusive which Administration considers will detract from the residential character of the existing streetscape. Clause 3.4 of DPS 2 states that the objectives of the Residential zone are to maintain the predominantly single residential character and amenity of established residential areas. Administration considers that the proposed commercial vehicle parking detracts from the predominantly single residential character and amenity of established residential area.

 

In addition to the impacts described above, the vehicle is likely to obstruct sightlines at the vehicular access point of the eastern adjoining property. If the commercial vehicle is parked in the proposed location, vehicles on the adjoining property will have a restricted view of the street when reversing from their garage as indicated in Attachment 1 and 2.

 

In light of the above, it is considered by Administration that the proposed commercial vehicle parking will have an adverse impact on the amenity of the area surrounding the subject land and thus, the requirements of subclause 4.23.3(b) should not be varied under subclause 4.23.6.

 

Discretion to vary requirements under clause 4.2 of DPS 2

 

Clause 4.2 of the DPS 2 allows the City to exercise discretion to vary development requirements if it can meet the requirements set out by clause 6.8. Clause 6.8 sets out matters which the City must have due regard for when considering an application for planning approval. It is considered by Administration that the proposal does not comply with the following matters:

 

“(n)    the preservation of the amenity of the locality; and

 

(o)     the relationship of the proposal to the development on adjoining land or on other land in  but not limited to, the likely effect of the height, bulk, scale orientation and appearance of the proposal.”

 

As outlined above, it is considered that the proposed commercial vehicle parking would compromise the amenity of the locality and adjoining properties due to the appearance of the vehicle and thus, the requirements of subclause 4.23.3(b) should not be varied under clause 4.2.

 

Conclusion

 

The proposed Home Business Category 2 is considered to satisfy the requirements of Schedule 1 of DPS 2 and should be supported. However, the proposed commercial vehicle parking does not meet the requirements of clause 4.23 of DPS 2, nor is it considered by Administration to meet all relevant matters in clause 4.2 and 6.8 and therefore should not be supported.

 

Should Council agree with Administration's recommendation outlined in the body of this report and consider the commercial vehicle parking to be inappropriate, then the application for the proposed Home Business Category 2 should be approved subject to the following condition being imposed:

 

·        This approval does not include the proposed commercial vehicle parking.

 

Should Council be of a view that it considers the commercial vehicle parking appropriate, then the proposed Home Business Category 2 should be approved subject to the following condition being imposed:

 

 

 

·       With the exception of subclause 4.23.3(b) the commercial vehicle parking is to comply with clause 4.23 of District Planning Scheme No. 2.

 

By imposing this condition the City will ensure that whilst subclause 4.23.3(b) cannot be met, the commercial vehicle complies with all other requirements of clause 4.23 of DPS 2 including hours of operation, noise regulations and vehicle dimensions.

Statutory Compliance

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

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.”

Risk Management Considerations

Nil

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council APPROVES the development application for the Home Business Category 2 at Lot 171 (36) Castroreale Boulevard, Sinagra, as shown in Attachment 1 of this report, pursuant to clause 6.9.1 of District Planning Scheme No. 2 and subject to compliance with the following conditions to the Satisfaction of the Manager Planning Implementation:

 

1.       Permission is granted to the owners of the property 36 Castroreale Boulevard, Sinagra, to conduct a Home Business – Category 2 at the above address and only whilst the owners permanently reside at the premises;

 

2.       This approval does not include the parking of the commercial vehicle parking;

 

3.       All equipment associated with the Home Business - Category 2 shall be stored such that it is screened from the street frontage and adjoining properties;  and

 

4.       The Home Business – Category 2 shall operate within the District Planning Scheme No. 2 definition that states:

 

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

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

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

d)     Entails the employment of no more than 1 person not a member of the occupier’s household;

e)     Does not occupy an area greater than 30sqm

f)      Does not have more than one advertisement sign and the sign displayed does not exceed 0.2 square metres in area;

g)     Will not result in the requirement for a greater number of parking facilities than normally reserved for a single dwelling and will not result in a substantial increase in the amount of vehicular traffic in the vicinity;

h)     Does not involve the servicing or repair for gain of motor vehicles; and

i)      Does not entail the presence, parking and garaging of a vehicle of more than 3.5 tonnes tare weight.

 

5.       This Approval is only valid from the date of this decision and does not retrospectively authorise any previous unapproved development on the subject land.

 

 

Attachments:

1.	Site Plan	15/49594	Minuted
2.	Commercial Vehicle Parking Photographs	15/65361

 

 

 

 

 

 

File Ref:                                              DA2014/2394 – 15/63833

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider a development application for Bulk Earthworks and Clearing, at 1 Maroon Avenue, Alkimos (DA2014/2394), prior to the draft North Alkimos Local Structure Plan No. 73 (LSP 73) being endorsed the City and Western Australian Planning Commission (WAPC).

 

Applicant	PEET Alkimos PTY LTD
Owner	PEET Alkimos PTY LTD
Location	Lot 9006 (1) Maroon Avenue, Alkimos
Site Area	41.32ha
DPS 2 Zoning	Urban Development
Draft LSP 73 Zoning	Mixed Use

 

 

Background

On 31 May 2011 Council resolved that draft LSP 73 was satisfactory, subject to the modifications required by the WAPC being made to the satisfaction of the Director, Planning and Sustainability. Draft LSP 73 has now been modified by the applicant to incorporate all of the WAPC's required modifications. The acceptability of these modifications is now being considered by the City. The delay between Council endorsing the draft LSP and the consideration of the modifications is a result of ongoing liaison and negotiation between the landowner, applicant, the City and the Department of Planning on behalf of the WAPC relating to the inclusion of a centre zone for the transit precinct within the draft LSP.

 

On 12 December 2014, the City received a development application for Bulk Earthworks and Clearing, for Lot 9006 (1) Maroon Avenue, Alkimos. The site is located in the eastern area of the draft LSP 73 and is zoned Urban Development under the District Planning Scheme No. 2 (DPS 2) and is proposed to be zoned Mixed Use under the draft LSP 73. The site has a proposed density range of R30 to R80. A location plan is included as Attachment 1.

 

The development application area is the subject of subdivision application WAPC 150446, which proposes to create 143 lots to the east of the Metropolitan Region Scheme (MRS) Railway Reserve alignment within Lot 9006. The subdivision application has not yet been approved by the WAPC at this time; however, the City provided its support of the subdivision application (subject to conditions) to the WAPC on 16 January 2015. A copy of the proposed subdivision is included as Attachment 2.

 

As neither the draft LSP 73 nor the subdivision have been approved, and the bulk earthworks application does not meet the requirements of development permitted prior to endorsement of a structure plan, the application is required to be determined by Council.

Detail

The proposed clearing and bulk earthworks application has been lodged with the City by the landowner PEET in order to allow initial clearing and levelling of the site to occur, prior to the more precise and detailed subdivisional works being undertaken once approval of subdivision WAPC 150446 is granted. A copy of the proposed development application plan is included as Attachment 3.

 

The application area covers approximately 9 hectares, and largely mirrors that of the proposed subdivisional area. There is some battering proposed outside of the subdivision application area as part of the proposal, including within the MRS Railways Reserve, and within the adjoining land to the south (owned by LandCorp). This is discussed further in the Comments section below.

 

The land will require clearing prior to the bulk earthworks being undertaken. No clearing permit has been issued by Department of Environment Regulation (DER) at this stage. It is the proponent's responsibility to ensure a clearing permit has been obtained prior to any clearing occurring.

Consultation

Public consultation was not undertaken for the application, due to the number and extent of referrals undertaken for the associated subdivision to relevant stakeholders. Subdivision application WAPC 150446 was referred by the WAPC to the City, the Public Transport Authority (PTA), Department of Transport (DoT) and other state departments. The subdivision is being progressed concurrently with this bulk earthworks development application, and is expected to be approved by the WAPC by late March or early April 2015.

 

Despite the impending subdivision approval, the applicant wishes to continue with this bulk earthworks application in order to facilitate early site preparations whilst the detailed subdivisional engineering drawings are lodged for approval with the City's Land Development team following the subdivision approval being granted.

 

Any conditions imposed on the subdivision approval by the WAPC will still be required to be undertaken to the satisfaction of the clearing agency in order to clear the subdivision requirements and create the lots. Notwithstanding the above, Administration undertook informal consultation with the adjoining landowner and confirmed that the proposed battering into their land would be excluded from any approval given. Negotiations between the applicant and the adjoining landowner in regard to final site levels are ongoing.

Comment

Local Planning Policy 4.2: Structure Planning

 

As discussed in the background of the report, the draft LSP 73 is not yet agreed and operational under DPS 2. The process for considering development prior to the agreement of a structure plan (where a structure plan is required) is addressed within Clause 9.11 of DPS 2 and clarified through LPP 4.2. Clause 1.2 of LPP 4.2 states that, pursuant to DPS 2, an agreed structure plan is required as a prerequisite to Council’s support of a subdivision or consideration of an application for planning approval, unless Council determines that the proposal is for the purpose of: 

a)      The amalgamation of lots or part lots;

b)      The consolidation of land for “superlot” purposes to facilitate land assembly for future development; or

c)      The purpose of allowing access or the provision of services or infrastructure that would not prejudice future development outcomes.

 

The proposal involves clearing and bulk earthworks outside of an approved subdivisional area, and cannot reasonably be determined to fall under any of the circumstances provided for under Clause 1.2 of LPP 4.2. In this regard, Council is required to have due regard to the following considerations within Clause 9.11.2 of DPS 2:

 

 

a)      As an overriding consideration, the intent referred to in the preceding subclause [being no subdivision or development should occur on land until a Structure Plan in respect of that land has been prepared and adopted];

b)      The desirability from a planning point of view of having an Agreed Structure Plan in place before development or subdivision occurs; and

c)      The interests of orderly and proper planning, and concern for the amenity of the relevant locality in the short, medium and long term.

Having regard to the criteria listed above, Administration is of the view that the proposed development application will not prejudice the development of the area in the absence of an Agreed Structure Plan, given the level of subdivision and development which has occurred/is occurring within the draft LSP 73 area to date. The proposed development application is closely linked to a current subdivision application that Administration understands is likely to be determined in the near future, and approval of this bulk earthworks application will not affect the interests of orderly and proper planning in this regard.

 

Further to this, the development which has occurred within the Shorehaven Estate, Alkimos to date has occurred prior to the endorsement of the draft LSP 73. The approval of this application is not considered atypical in regards to consideration of development prior to endorsement of a draft LSP.

 

Environmental Considerations

 

In order to undertake the earthworks proposed, vegetation within the subject area will require clearance prior to removal of the topsoil. The site is the subject of an Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) approval, issued by the former Department of the Environment, Water, Heritage and Arts (DEWHA, now known as the Department of Environment) on 11 June 2009. The EPBC approval requires that 0.222 hectares of vegetation must be retained within this particular area of North Alkimos as a conservation public open space (POS) area.

 

The conservation area is designated in both the draft LSP 73 and the EPBC approval as being contained within a proposed public open space (POS) to the immediate north of the development application area. A small amount of earthworks in the form of battering was originally proposed to intrude into the conservation POS area; however this has since been excluded on the proposed application plans in agreement with the applicant. This will allow for conservation aspects of the site to be appropriately dealt with through the subdivision process. This exclusion is shown in red on the plans within Attachment 3. No battering or earthworks will be permitted within the future POS area.

 

The EPBC approval does not affect any other aspect of the proposed development application area, which is zoned for urban development purposes. The remainder of the vegetation across Lot 9006 was assessed by the then DEWHA in the context of draft LSP 73 and was not found to be of any regional or local significance, and as such was considered suitable for clearing in the context of the approved development. It is noted that a large portion of Lot 9006 was cleared in 2009/2010 as part of a previous earthworks application.

 

The clearing required as part of this development application is to be undertaken in accordance with the City’s Policy Standards and Specifications pertaining to earthworks. This includes clearing in a systematic and orderly manner, with vegetation to be mulched and stockpiled for use where appropriate. A condition will be imposed on any planning approval granted to ensure that these actions are undertaken where appropriate, including the use of hydromulch or similar processes to ensure dust and topsoil compression prior to final development. It is noted that a clearing permit is also required to be obtained through a separate approvals process from the DER, which has not yet occurred.

 

 

Coordination of Levels with Adjoining Developments and Reserves

 

The proposed earthworks application originally included battering into the adjoining LandCorp-owned site to the south of the application area. The area of intrusion has been excluded through a recommended condition and annotated on Attachment 3. The final coordinating lot levels and approval to batter into the adjoining land will need to be provided in more detail at the engineering stage of the process, once subdivision approval has been granted. Administration is satisfied that the exclusion of the land outside Lot 9006 is sufficient to allow for full containment of works within Lot 9006. As previously discussed, the applicant and the adjoining landowner are continuing to liaise in relation to final site level coordination through the subdivision application.

 

The proposed earthworks application also originally included battering into the adjoining MRS Railways Reserve to the west of the application area. The area of intrusion has been removed through a recommended condition and annotated on attached plans. The final coordinating lot levels and approval to batter into the adjoining land will need to be provided in more detail at the engineering stage of the process, once subdivision approval has been granted. Administration understands that the PTA has requested several conditions be placed on any subdivision approval in relation to the proposed treatment and final levels of coordination with the railway reserve. Administration is satisfied that the exclusion of the works within the reserve is sufficient to allow for full containment of works within Lot 9006, and to allow the works to be undertaken to the PTA's specification and satisfaction as part of the subdivision process. 

 

Conclusion

 

Having regard to the status of the draft LSP and subdivision application WAPC 150446, as well as having due regard to the matters discussed above, Administration has recommended approval of the development application for the following reasons:

·        The subject development has no negative impact upon any adjoining landowner (noting the areas of the application which have been excluded);

·        The subject development has no negative environmental impact, with the vegetation deemed to have conservation qualities located outside the development application area (noting the areas of the application which have been excluded);

·        The proponent is aware that any works undertaken as part of this development application may need to be modified at a later date, in response to any impending WAPC subdivision approval or engineering design drawings, particularly in relation to finished road and lot levels approved by the City. Furthermore, any subsequent development applications for the site pertaining to its use or the construction of buildings will be assessed against the statutory framework that is in place at the time of lodgement and following the agreement of LSP 73. 

·        The development application is not contrary to the interests of orderly and proper planning, having regard to the surrounding development and subdivision which has been undertaken within the Shorehaven Estate prior to endorsement of draft LSP 73.

Administration considers that the application is satisfactory subject to conditions.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2 and draft North Alkimos Local Structure Plan No. 73.

 

 

 

 

 

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.”

Risk Management Considerations

Nil

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       APPROVES the development application for the Bulk Earthworks and Clearing at Lot 9006 (1) Maroon Avenue, Alkimos, as shown in Attachment 3 of this report, pursuant to Clause 6.9.1 of District Planning Scheme No. 2 and subject to compliance with the following conditions to the satisfaction of the Manager Planning Implementation:-

 

a)      This approval only relates to the proposed Bulk Earthworks and Clearing as shown on the approved plans. It does not relate to any other development, or works, on the lot;

 

b)      The areas denoted in red on the approved plans are excluded from this approval. No construction, work, plant, material or earthworks (including batters) shall intrude into adjacent land, road reserves or the Metropolitan Region Scheme Railways Reserve without prior approval of the City and/or Western Australian Planning Commission;

 

c)      If the development the subject of this approval is not substantially commenced within a period of two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has so lapsed, no development shall be carried out without the further approval of the responsible authority having first been sought and obtained;

 

d)      The applicant shall be responsible for any alterations to the clearing, bulk earthworks or engineering design of the project as a result of the City’s further assessment, review of the engineering submission or any changes required by the City or the WAPC on future development or subdivision applications;

 

e)      A Dust Management Plan shall be prepared and submitted to the City for approval prior to any works commencing on the subject land.  The plan shall be implemented thereafter to the satisfaction of the Manager, Land Development;

 

f)       All batters shall be stabilised to the City’s specifications;

 

g)      All works shall be carried out in accordance with the City’s Policy Standards and Specifications pertaining to earthworks;

 

h)      Earthworks shall be limited to 0700 – 1700 hours Monday to Friday and 0730 – 1700 hours on Saturday. No works shall be carried out on Sundays or public holidays;

 

i)       All stormwater shall be collected and retained on site. Erosion control measures shall be implemented to ensure no sand runoff onto the road reserve;

 

j)       Compaction and stabilisation must be carried out to the satisfaction of the City. Only clean fill shall be used on site;

 

k)      All works shall be in accordance with the City’s Design Guidelines for the Development and Subdivision of Land;

 

l)       Any damage or removal of a City asset (including vegetation) by the contractor shall be replaced or repaired at the cost of the applicant/owner, to the satisfaction of the City;

 

m)     All remnant vegetation that is to be retained, within the application area and/or any adjacent reserve/areas, must be protected by installing conservation protection fencing to the City’s satisfaction prior to any earthworks commencing;

 

n)      No burning of cleared vegetation shall be permitted without prior written approval from the City. The Applicant to refer to DEP guidelines for alternative methods of treating cleared vegetation;

 

o)      Finished ground levels at the boundaries of the subject land shall match or otherwise coordinate with the existing and/or proposed finished ground levels of the land abutting; and

 

2.       ADVISES the applicant that approval of this application should not be taken as pre-empting any future decision or recommendation made by the City in respect to structure planning or subdivision of this land. The applicant is advised that structure planning or subdivision of this land shall be considered on the planning merits at the time of determination and/or recommendation, and, as such, further modifications to these site works may be necessary at that time.

 

 

Attachments:

1.	Attachment 1 - Location Plan	15/69765
2.	Attachment 2 - Subdivision WAPC 150446	15/69768
3.	Attachment 3 - Development Application Plan	15/69766	Minuted

 

 

 

 

Other Matters

File Ref:                                              2292 – 15/85072

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

 

Issue

To consider a future funding for the Wanneroo Business Association (WBA).

 

Background

The City of Wanneroo has been providing the WBA with funding support since 2006/07. The funding has consisted of a combination of operational funding, sponsorship and event attendance and in 2013/14 was a total of $25,000, comprising of $15,000 operational funding and $10,000 sponsorship and event attendance.

 

At its Meeting on 27 May 2014 Council (PS03-05/14):

 

“1.     ENDORSED the Wanneroo Business Association's Strategic Business Plan for 2013/14 to 2016/17;

 

2.       DETERMINED that:

 

a)      future City of Wanneroo funding of the Wanneroo Business Association (WBA) to 2016/17 will be conditional on the WBA's satisfactory annual performance against the key performance indicators referenced on page 11 of the WBA's Strategic Business Plan included as Attachment 1;  and

 

b)      future funding of WBA operations will be limited to $15,000 in 2014/15, $10,000 in 2015/16 and $5,000 in 2016/17.

 

3.       NOTED that City of Wanneroo financial support of the WBA's operations will not be required after the 2016/17 financial year.”

 

The basis for this decision was the adoption of the WBA’s Strategic Plan 2013/14 – 2016/17 which includes the objective "to achieve our aspirational goals and as a result be financially sustainable by 2016/17 and beyond". To support this goal, the City felt it was more appropriate to work towards a sponsorship and project based funding relationship rather than provide pure operational funding.

 

To date the City has not entered into a formal sponsorship arrangement with the WBA; however, informal City sponsorship and function attendance has been ongoing, including:

 

·        Event attendance at monthly business breakfasts, sundowners, annual business awards gala dinner, annual fundraiser event, sundowners, Kingsway business expo and annual corporate golf day;

·        Sponsorship of the Wanneroo Business Awards - co-naming rights sponsor and Mayor's Visionary Award Sponsor.

 

In the 2014/15 financial year it is anticipated the City will spend approximately $15,000 on sponsorship and event attendance. This is in addition to the $15,000 operational funding.

Detail

 

One action in the WBA's Strategic Plan was to review its current sponsorship model, which focuses on event specific arrangements, to develop more strategic sponsorship packages. This new approach will enable the WBA to build strong relationships and partnerships with key stakeholders; use staff resourcing more efficiently and effectively, by focusing on membership attraction and retention; and proactively representing the local business community. It also directly relates to the WBA’s objective “to be financially sustainable by 2016/17 and beyond”.

 

The WBA is launching their new sponsorship packages to VIP Guests on the 30 March 2015.

 

The WBA has informally approached the City, as a key strategic partner, to provide the City with the opportunity to become the ‘Official Sponsor’ of the WBA, prior to formally launching the sponsorship packages to other VIP Guests at the launch event.

 

As the ‘Official Sponsor’ of the WBA, the City would provide sponsorship annually over the next three financial years, 2015/16 to 2017/18. In return the City would receive a significant number of benefits including:

 

·        Exclusive naming rights/co-naming of WBA major events; including but not limited to:

o  Exclusive sponsor of the Wanneroo Business Awards;

o  Exclusive sponsor of the WBA Fundraising Dinner;

o  Co-Naming Rights of Corporate Golf Day;

o  Exclusive Business Breakfast Sponsor.

·        Co-branding on all marketing material, including but not limited to:

o  Stationery, letterhead and brochures

o  WBA membership packs

o  WBA member discount scheme

o  WBA website and social media

o  WBA e-news and email signatures

·        Extensive promotion within the local business community and associated with all major events.

 

The City would also have the ability to customise the package to best meet the City’s economy pillar objectives within our Strategic Community Plan.  The above represents significantly more than the City’s current sponsorship support of the WBA.

 

Consultation

 

Nil

 

Comment

 

Administration recommends that Council support the City becoming the Official Sponsor of the WBA for the next three financial years. The funding would include part operational funding in accordance with Council’s previous resolution (PS03-05/14) and part sponsorship and event attendance. The operational component would decrease over the next 2 years as the sponsorship and event attendance component increases. This approach is in line with the objective of the City working towards a sponsorship and project based relationship with the WBA rather than the City providing pure operational funding.

 

 

Becoming the Official Sponsor would increase the City’s branding and exposure to the business community and increase awareness of the services and support the City provides to our local businesses.  This would also solidify the City’s strong working relationship with the WBA, which is based on our joint desire to create, attract, retain and expand our business community and local economy as well as work towards achieving objective 3.2 – Growing Business of the City’s Strategic Community Plan.

 

The City’s sponsorship support of the WBA will enable the WBA to run an extensive range of events which will assist in attracting more members.  This in turn would assist the WBA in achieving its goal of becoming financially sustainable and not reliant on the City’s operational funding.

 

The WBA Board is supportive of this new approach as it strongly aligns with and reflects their Strategic Plan 2013/14 – 2016/17. The WBA Board is keen to develop a strategic partnership with the City rather than an operationally dependent relationship.

 

Statutory Compliance

 

Nil

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.”

Risk Management Considerations

This approach complies with the risk management considerations outlined in the City’s Sponsorship Policy.

Policy Implications

The proposed funding for the WBA aligns with the objectives and statement of intent within the City’s Sponsorship Policy. Specifically the Policy “encourages sponsorship as a means of forming partnerships with corporate entities; increasing the long term sustainability of the City; and supporting the provision of the City’s services”.

Financial Implications

Administration recommends Council become the WBA ‘Official Sponsor’ for the 2015/16, 2016/17 and 2017/18 financial years. The total funding would be $30,000 (ex GST) per annum, comprising $10,000 operational funding and $20,000 sponsorship and event attendance in 2015/16; $5,000 operational funding and $25,000 sponsorship and event attendance in 2016/17 and $30,000 sponsorship and event attendance in 2017/18.

Voting Requirements

Simple Majority

 

 

Recommendation

That Council:-

 

1.       APPROVE the new funding for the WBA recognising the City as the Official Sponsor of the WBA based on a funding cost of $30,000 (ex GST) per annum for the next three financial years from 2015/16 to 2017/18; and

 

2.       AUTHORISE the CEO to determine the detail of the sponsorship and event component of the funding with the WBA.

 

 

 

Attachments: Nil

   

 

City Businesses

Property

File Ref:                                              4238 – 15/67761

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider comment received from the advertising of a commercial lease over an 80m² vacant ground floor commercial tenancy known as Tenancy North at the Wanneroo Library and Cultural Centre to Tracey Cottrell for the operation of a hair salon.

 

Background

A report (CB03-02/15 refers) was presented to Council, at its Ordinary Meeting on 3 February 2015, and Council resolved as follows:-

"That Council:-

1.    APPROVES in principle, a commercial lease of approximately 80m² portion of Lot 101 (3) Rocca Way, Wanneroo to Tracey Cottrell, for a term of five (5) years commencing within four (4) weeks of the lease being signed subject to the requirements of the Commercial Tenancy (Retail Shops) Act 1985;

2.    AUTHORISES the publication of a local public notice of the intention to enter into the lease in accordance with Section 3.58 of the Local Government Act 1995; and

3.    In the event there are no submissions,

a)   NOTES the Chief Executive Officer under delegated authority will approve the lease; and

b)   AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and Tracey Cottrell in accordance with the City's Execution of Documents Policy."

 

An advertisement was placed in the Wanneroo Times on Tuesday 17 February 2015 advertising the disposition in accordance with Section 3.58 of the Local Government Act 1995.  The advertisement, with a closing date of Tuesday 3 March 2015 4.30pm, invited written public submissions to the disposition.

Detail

Administration has received two comments in response to the advertised disposition in the Wanneroo Times on 17 February 2015.

 

One comment is from two residents (jointly) who reside together in the City of Wanneroo.  The other comment is from one of the two applicants who put in a submission to lease the premises (which the report to Council, at its Ordinary Meeting on 3 February 2015 refers) and whose application was subsequently assessed against a selection criteria and determined as unsuccessful. 

Tracey Cottrell's (the other applicant) application was adjudged superior and therefore Administration subsequently negotiated a lease with her, subject to the outcome of the advertising of the disposition process as referred to earlier in this report.

 

The following table provides an overview of the content of the two comments:-

 

Comment received from:-	Comment
Two residents of City of Wanneroo who reside at the same address.	Two residents (jointly) submitted comment to the City in the form of a letter of support supporting the unsuccessful applicant be given the lease.  The following is a summary of the reasons cited in support:-   i)          the unsuccessful applicant provides good value service ii)         the unsuccessful applicant provides Great Length* extensions which, according to the resident, the unsuccessful applicant's clients will travel great distances for. *A brand of hair extension.
The unsuccessful applicant (resident of City of Joondalup).	This comment consists of the submission of thirty three (33) letters of support from friends and customers.  The following is a summary of some of the reasons (many of which are common to all the letters) cited in support of the unsuccessful applicant:   i)          "is a local girl who is well known, respected and loved in her industry" ii)         "was a huge asset to Nanovich Hair Lounge, she was always fully booked" iii)         "if another tenant was to be successful, I regret that I would not support the new owner" iv)        "has the skills and ability to build and run a successful business" v)         "I have been her client for many years"

Consultation

The essential terms of the proposed lease to Tracey Cottrell have been agreed by the parties.

Comment

Administration has taken into consideration the two comments received and continues to recommend that the City enters into the lease with Tracey Cottrell on the basis that the comments do not substantially add value to the unsuccessful applicant's application to lease the vacant tenancy.

Statutory Compliance

The public notice advertisement has complied with the requirements of Section 3.58 of the Local Government Act 1995 with respect to the proposed disposition.

In addition, the proposed lease tenure complies with the requirement of the Commercial Tenancy (Retail Shops) Act 1985 whereby a minimum tenure term of five (5) years is required along with the provision of a Disclosure Statement.

 

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.”

Risk Management Considerations

Nil

Policy Implications

The proposed lease has been negotiated in accordance with the 'commercial' guidelines as outlined in the City's Tenancy Policy.

Financial Implications

The proposed lease will generate an annual income stream to the City of $29,000 (plus GST) per annum gross incremented to CPI on an annual basis, inclusive of all outgoings except electricity.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES a commercial lease of approximately 80m² portion of Lot 101 (3) Rocca Way, Wanneroo to Tracey Cottrell, for a term of five (5) years commencing within four (4) weeks of the lease being signed subject to the requirements of the Commercial Tenancy (Retail Shops) Act 1985;

2.       NOTES that comments were received in response to the publication of a local public notice in the Wanneroo Times on 17 February 2015 of the intention to enter into the lease in accordance with Section 3.58 of the Local Government Act 1995; and

3.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and Tracey Cottrell in accordance with the City's Execution of Documents Policy.

 

 

Attachments:

1.

Tenancy North Lease Area Plan

15/5617

  

File Ref:                                              4125 – 15/26376

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider terminating the Wanneroo Sports and Social Club (Inc.) (WSSC) existing Lease in order to enter into a new Lease of greater tenure with the WSSC over Crown Reserve 27744, Lot 502 (22) Crisafulli Avenue, Wanneroo.

 

Background

The WSSC currently leases part Crown Reserve 27744, Lot 502 on Deposited Plan 55751 (22) Crisafulli Avenue, Wanneroo being the whole of the land comprised in Certificate of Title Volume LR3147 Folio 367 (Attachment 1 refers).

 

Crown Reserve 27744 is a category "C" reserve vested in the City for the purpose of "club and club premises" under a Management Order with power to lease for any term not exceeding 21 years, subject to the consent of the Minister for Lands.

 

The land is currently zoned as "Urban" under the Metropolitan Region Scheme and "Centre" in the City of Wanneroo District Planning Scheme No.2 (DPS 2).

 

"Current Lease":

 

The WSSC, previously known as the Wanneroo Country Club (Inc.) has occupied the premises since 1966 and, for the most part, has been under a Lease from the City.

 

At its Ordinary Council Meeting of 27 June 2006, a report was presented to Council (CS12-06/06) that detailed the approval of the current Lease.

 

Council resolved as follows:

 

“1.     NOTES that the Wanneroo Sports & Social Club (Inc.) be classified wholly as a ‘Non Commercial’ category under Council’s Tenancy Policy for the purpose of Lease negotiations;

2.       APPROVES the leasing of portion of Reserve 27744, Crisafulli Avenue, Wanneroo to the Wanneroo Sports and Social Club (Inc.) in accordance with the Tenancy Policy for a term of five (5) years together with an option to renew for a further term of five (5) years, commencing 1 July 2006 subject to:-

          a)      approval to the Lease by the Minister for Lands;

          b)      the Wanneroo Sports & Social Club (Inc.) developing and managing a strategy with respect to its membership and its future growth, future major/minor projects and improvements to the premises and the financial management of all aspects of the operations of the facility.

 

 

3.       AGREES to consider the re-inclusion of the portion of Reserve 27744 into the leased area of the Wanneroo Sports and Social Club (Inc.) should the BMX track be relocated; and

4.       AUTHORISES the Mayor and the Chief Executive Officer to affix the Common Seal of the City of Wanneroo and execute the Lease between the City and the Wanneroo Sports and Social Club (Inc.).”

The initial 5 year term of the existing Lease commenced 1 July 2006, expiring 30 June 2011. Under the terms of the existing Lease, the WSCC was required to advise the City of its intent to exercise its Lease option during a period commencing six months and ending three months prior to the expiry of the initial term.  However, the WSCC wrote to the City on 30 June 2011, the day of the expiration of the initial Lease term advising that it wished to exercise its five (5) year option.  Administration, at that time, allowed the WSCC to exercise its option and therefore the Lease is essentially now an equitable Lease, scheduled to expire 30 June 2016.

 

"Proposal":

 

The WSSC wrote to the City on 25 November 2014 requesting to enter into a Sub-Lease agreement with the entity, "Area 5 Football Pty Ltd" (Area 5).  Area 5 is a commercial entity with profit making objectives and currently operates a 5-a-side soccer business from Lake Monger Recreation Club, Wembley where a disused bowling green was converted to incorporate two soccer pitches to enable two games consisting of four teams to take place simultaneously.  Area 5 has identified that a similar operation within the City is viable and has therefore approached both the City and the WSSC to develop a similar concept in Wanneroo.

 

The portion of Lot 502 that has been identified by the WSSC and Area 5 to be utilised to create two soccer pitches is (Attachment 2 refers):

 

·        the old tennis court area contained within the WSSC's existing leased area; and

 

·        an area previously utilised as a BMX track which is currently un-utilised scrub/grass land, maintained by the City and not contained within the WSSC's existing leased area.

 

The WSSC's existing equitable Lease with the City is scheduled to expire 30 June 2016. Ordinarily, in order to incorporate the area of land previously utilised as a BMX track into the WSSC's leased area would require a Deed of Variation of Lease to be entered into between the City and the WSSC, subject to Council and Ministerial approval.  Following this process, a Sub-Lease between the City, the WSSC and Area 5 would be required to be negotiated and again, would be subject to the necessary Council and Ministerial approval.  As there is only 15 months tenure remaining on the existing WSSC's equitable Lease, it is considered unrealistic to expect Area 5 to commit significant monies to establish the required set up infrastructure and implement its proposed business with effectively no security of tenure as any future Sub-Lease will be required to run concurrently with the tenure of the Head Lease.

 

In order for the proposed venture to proceed, a two stage process is required to be implemented:

 

"Stage 1":

 

It is proposed that the WSSC will surrender its existing equitable Lease with the City and enter into a new Lease with greater tenure with the City that will incorporate the old BMX track area of Lot 502 into its leased area (Attachment 3 refers), subject to Council and Ministerial approval. Note that "Resolution 3" of the Minutes of the Ordinary Council Meeting of 27 June 2006 (CS12-06/06) stated that Council:

 

"AGREES to consider the re-inclusion of the portion of Reserve 27744 into the leased area of the Wanneroo Sports and Social Club (Inc.) should the BMX track be relocated."

"Stage 1" is the purpose of this report.

 

"Stage 2":

 

Should "Stage 1" be approved by Council and the Minister for Lands, it is proposed that the City, the WSSC and Area 5 will enter into Sub-Lease negotiations for the old tennis court and the old BMX land area.

 

Area 5 has advised Administration that it proposes to install two synthetic astro turf pitches within the proposed future Sub-Lease area (Attachment 2 refers) along with overhead flood lighting.  It is proposed that the site will be fully fenced and contain a viewing area.  All works will require the relevant approval to commence development and associated building permits if required.  It is proposed that the Sub-leased area would then be hired out to competing 5-a-side soccer teams.  All future maintenance and cost responsibilities would be the responsibility of Area 5.

 

"Stage 2" will be the purpose of a further report to Council should "Stage 1" be approved.

Detail

The WSSC agreed in writing on 5 March 2015 to surrender its existing equitable Lease for a new Lease of greater tenure.

 

Under the City’s existing Tenancy Policy, the WSCC is categorised as a "Not for Profit" entity and the proposed new Lease is to be negotiated on a "No Cost to the City" basis.

 

Administration and the WSCC have negotiated a new Lease subject to Council and the Minister for Lands approval of the following essential terms:

 

Leased Premises:	Lot 502 as hachured on the attached plan (Attachment 3 refers)
Lease Term:	Five (5) years with a five (5) year option
Commencement Date:	Upon execution of the proposed Surrender of Lease and execution of the proposed New Lease
Lease Rental:	$1.00 per annum (peppercorn)
Permitted Purpose:	Club premises
Rates & Taxes:	Lessee responsible for all rates (including Council rates and water rates), taxes, assessments and impositions together with all utility outgoings for water consumption, electricity, gas and telephone/broadband connection used in relation to the Premises whether billed directly or otherwise.
Building Insurance:	Lessee responsibility – to be insured for correct replacement value
Public Liability Insurance:	Lessee responsibility - $20 million minimum
Other Insurance (including contents, plate glass etc.)	Lessee responsibility
Cleaning:	Lessee responsibility
Lessee Services:	Lessee responsible for the provision of special requirements such as telephone and broadband services

 

 

Maintenance:	Lessee responsible for all internal and external maintenance of the leased premises, except for repairs of a structural nature
Structural Maintenance:	Lessor responsibility
Statutory Compliance:	Lessee responsibility
Proposed Future Sub-Lease to Area 5:	The Lessor, at its absolute discretion may require payment of consideration to the Lessor including but not limited to a portion of rent or other fees payable by any future Sub-Lessee

 

As per the City's current Tenancy Policy, where the term of a proposed new Lease is contemplated beyond five (5) years (including options to renew), a comprehensive business plan is required to be submitted to the City detailing the longer term plans of the lessee including financial analysis and developmental and funding plans.

 

The WSSC has provided the City with a Business Plan which Administration deems acceptable.

Consultation

The essential terms of the proposed Surrender of Lease and proposed new Lease have been prepared in consultation with the WSSC.

 

The Department of Lands (DOL) has provided interim approval to the proposal on behalf of the Minister for Lands, pursuant to the City forwarding the proposed new Lease and Surrender of Lease to the DOL, in accordance with Section 18 of the Land Administration Act 1997.

 

The City currently leases a portion of Crown Reserve 10845, Lot 500 (9) Leach Road (Duplex building) to the Volunteer Task Force (Inc.) (VTF) and the Wanneroo Agricultural Society (Inc.) (WAS) for non-residential purposes.  Lot 500 abuts Lot 502 to the north-east. Both the VTF and the WAS were advised in writing on 2 February 2015 of the proposal and no objections to the proposal have been received by the City to-date.

 

Planning & Sustainability have no objection to the proposal and the ultimate proposed use of the land as a dual 5-a-side soccer pitch is compatible with the "Centre" zoning of the land under DPS 2 and the applicable "Parks and Recreation" land use classification in ASP 23 Wanneroo Town Centre.

 

Community Facilities has no objection to the proposal.

 

Should Council resolve to approve the proposed new Lease which will incorporate the old BMX track land, Parks Maintenance will be advised to cease maintaining this portion of land upon execution of the relevant legal documentation.

 

Administration has drafted an in-house new Lease agreement which has been provided to the WSSC. Legal Services will be requested to draft a suitable Surrender of Lease document pending Council's resolution.

Comment

The WSSC has been a long-term, stable tenant since 1966 and the termination of the existing Lease to facilitate a new Lease with longer tenure will allow the WSSC to continue its tenancy in accordance with the City's Tenancy Policy and allow negotiations with Area 5 to progress to a point where a further report will be presented to Council to further consider a Sub-Lease agreement for a portion of Lot 502 (Attachment 2 refers).

 

The old tennis courts within the WSSC's existing leased area are run down and rarely used. In addition, the area previously utilised as a BMX track which is currently scrub/grass and maintained by the City is not contained within the WSSC's existing leased area and is to all intent and purpose wasted ground.  By including the old BMX track land within the WSSC's leased premises will result in the City ceasing maintenance responsibilities for the said portion of Lot 502.

 

Further information regarding Area 5 and the proposed Sub-Lease will be reported to Council in due course.  Aside from the proposed development of a portion of Lot 502 by Area 5, matters that will be required to be detailed/addressed in any future report to Council in respect of the proposed Sub-Lease include, but are not limited to:

 

·        terms of the proposed Sub-Lease;

·        adequacy of existing vehicle parking;

·        hours of use;

·        noise – Noise management plan required;

·        flood lighting;

·        all costs (including legal) associated with the proposed facility being met by Area 5;

·        provision of connecting services;

·        service upgrades; and

·        use of existing WSSC existing facilities

 

The WSSC has demonstrated over a significant number of years that it is committed to the improvement and longevity of the leased premises.  It has a facility and a membership base that is well managed and is capable of generating a significant income stream that will allow the WSSC to grow and offer benefits not only to its members but to the local community as a whole. Administration therefore supports a new Lease to the WSSC, subject to Council and Ministerial approval.

Statutory Compliance

The proposed Lease is considered an exempt disposition 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 main objectives of the WSSC as per its constitution are:

 

·        to advance and promote within the district of Wanneroo all sports games and forms of recreation in which the members are interested in;

 

·        to promote, advance and control, sporting, cultural and social activities of all kinds in the club and district;

 

·        to engender by association a fraternal feeling amongst sportspeople in general and to promote and preserve the best interests and traditions of sport;

 

·        to foster and preserve the playing of all lawful games and sports;

 

 

·        to provide the facilities and environment for social contact between members and their friends and in general to afford them all the usual privileges, benefits and conveniences of similar clubs; and

 

·        to engage in such other activities, whether of a like nature of not, as may be for the time being by law and determined by the Management Committee.

 

The WSSC is a sporting and recreational entity and therefore an exempt disposition under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996.

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.”

Risk Management Considerations

Nil

Policy Implications

The proposed new Lease with the WSSC has been negotiated in accordance with the "Not-for-Profit" guidelines as outlined in the City's Tenancy Policy.

Financial Implications

In recognition of the benefit to the community provided by the WSSC and in accordance with the City's Tenancy Policy, the proposed new Lease fee applicable will be $1 per annum (peppercorn).  The WSSC will be responsible for all costs of cleaning, utility outgoings, relevant insurances, rates and taxes, repairs and maintenance, operational compliance matters and all other costs associated with the entire leased premises.

 

The City will be responsible to meet any costs in relation to the structural integrity of the buildings contained within the leased premises.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       AGREES to the termination of the existing Lease between the City of Wanneroo and the Wanneroo Sports and Social Club (Inc.), portion of Crown Reserve 27744, Lot 502 (22) Crisafulli Avenue, Wanneroo subject to the signing of a formal Deed of Surrender of Lease;

2.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a Deed of Surrender of Lease between the City and the Wanneroo Sports and Social Club (Inc.);

 

 

3.       APPROVES a new Lease of Crown Reserve 27744, Lot 502 (22) Crisafulli Avenue, Wanneroo (Attachment 3 refers) to the Wanneroo Sports and Social Club (Inc.) for a term of five (5) years with a five (5) year option commencing upon the execution of the Deed of Surrender of Lease, in accordance with the City's Tenancy Policy for a "Not-for-Profit" organisation;

4.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a Lease between the City and the Wanneroo Sports and Social Club (Inc.) in accordance with the City's Execution of Documents Policy; and

5.       NOTES that should Council agree to the termination of the existing Wanneroo Sports and Social Club (Inc.) lease to facilitate a new lease of greater tenure, the City will enter into Sub-Lease negotiations with Area 5 Football Pty Ltd and the Wanneroo Sports and Social Club (Inc.) over a portion of Crown Reserve 27744, Lot 502 (22) Crisafulli Avenue, Wanneroo and a further report will be presented to Council.

 

 

Attachments:

1.	Attachment 1: Current leased area	15/26703
2.	Attachment 2: Future proposed sub-lease area to "Area 5 Football Pty Ltd"	14/362634
3.	Attachment 3: Proposed new lease area	15/33048	Minuted

 

 

 

File Ref:                                              5453 – 15/70687

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

 

Issue

To consider entering into a new Licence Agreement with the Minister for Education over a portion of Crown Reserve 20091, Lot 11139 (8) Aylesford Drive, Marangaroo (Attachment 1 refers) for the purpose of providing vehicular access to parents to drop off and collect students attending the Marangaroo Primary School, Marangaroo.

 

Background

Crown Reserve 20091, Lot 11139, (8) Aylesford Drive, Marangaroo (Lot 11139) is a category "A" reserve, vested in the City for "Recreation & Parklands" with the power to lease for a term not exceeding 21 years, subject to the consent of the Minister for Lands.

 

Lot 11139 on Deposited Plan 217410 is the site of the Marangaroo Golf Course (MGC), being the whole of the land comprised in Certificate of Title Volume LR3053, Folio 682.

 

The MGC car park is located on the western portion of Lot 11139.  A portion of the MGC car park, accessed from Aylesford Drive, Marangaroo (Attachment 1 refers) has been utilised by parents to drop off and pick up their children attending the Marangaroo Primary School (MPS), Marangaroo via vehicle, since 1993.

 

The MPS campus is located on abutting Lot 10394 on Deposited Plan 187120, (88) Giralt Road, Marangaroo and was completed for the commencement of the 1987 school year to provide an inclusive educational program.  With the subsequent growth and development of the school, traffic congestion and parking issues in the surrounding roads of Giralt Road and Aylesford Drive became a problematic issue.

 

Council at its Ordinary Council Meeting of 28 September 1994 (I10922) resolved as follows:-

 

          "That Council:-

         

1.   ALLOWS permanent use of the Marangaroo Golf Course to Marangaroo Primary School vehicular traffic, subject to the Education Department of WA funding modifications to the pedestrian access track, estimated to cost $1,700".

 

The construction of a concrete pathway and gateway to provide access to and egress from the car park to the school premises was undertaken following Council resolution I10922 of 28 September 1994.  Prior to the construction of this infrastructure, children were using an access track to the east of the current concrete pathway.

 

Following a number of incidents resulting in minor injuries being sustained by children using the gateway, the City and the Minister for Education in March 2007 arranged for the gateway and a 250 metre section of fencing between the MPS and the MGC to be replaced and upgraded with a self closing chain wire gate suitable for disabled access to make access safe for children.

 

 

 

At this time, the City and the Minister for Education commenced negotiations to formalise the arrangements and enter into a Licence Agreement.  The Licence Agreement set out the maintenance responsibilities of the dividing fence, gate and concrete access pathway and mitigated the City from liability in respect of the use of the gate.

 

The current Licence Agreement between the City and the Minister for Education commenced 1 July 2012 and is scheduled to expire 30 June 2015 (CB04-06/12, 26 June 2012).

Detail

Under the City's existing Tenancy Policy, the Minister for Education is categorised as a "Government" entity and terms are to be negotiated "By Negotiation".  The Tenancy Policy states that:

 

"In certain situations, an arrangement for the non-exclusive use of land, or buildings will arise.  Given the nature of such arrangements it is appropriate for the City, subject to Council approval, to enter into a Licence Agreement".

 

The current Licence Agreement between the City and the Minister for Education expires 30 June 2015.  The City and the Minister for Education have concluded negotiations for a new Licence Agreement.  Accordingly, the essential terms for the proposed new Licence Agreement are as follows:

 

·        Licence Period:             Three (3) Years commencing 1 July 2015.

 

·        Permitted Purpose:       Access for parents to drop off and pick up children attending the                                                 Marangaroo Primary School.

 

·        Licence Fee:                 $3,000 per annum.

 

Permitted Hours: 8.15am – 9.15am Monday to Friday (excluding public holidays and school holidays);

 

          2.30pm – 3.30pm Monday to Friday (excluding public holidays and school holidays); and

                                  

11.15am – 12.15pm Wednesday only (excluding public holidays and school holidays).

                                            

·        Maintenance:                The Minister for Education is responsible for the maintenance of                              the concrete access pathway;

 

The Minister for Education fully maintains the access gateway to ensure that it is safe and suitable for its intended use; and

 

          All costs of maintaining the dividing fence between both reserves to be borne equally by the Minister for Education and the City.

 

·        Liability:                         The Minister for Education uses the Licensed area at its own risk and indemnifies the City against any actions or proceedings, claims, demands, losses or damages or injury to persons or property arising either directly or indirectly with the proposed Licence Agreement.

 

 

 

 

 

Consultation

The terms of the proposed Licence Agreement have been prepared in consultation with the Minister for Education.

Administration has requested In-principle consent to the proposed Licence Agreement from the Department of Lands on behalf of the Minister for Lands pursuant to Section 18 of the Land Administration Act 1997.  To-date, a response has not been received.

Comment

 

The use of a portion of the MGC car park for the drop off and  collection point for parents of children attending MPS is a long standing arrangement that has been the subject of previous Council approval, the most recent being CB04-06/12 of 26 June 2012.  Administration support entering into a new formal Licence Agreement as per the terms outlined in this report.

The City has a $100 million negligence based Public Liability Insurance policy that is subject to the terms, conditions and exclusions of the policy dependant on the circumstances surrounding the incident.

Statutory Compliance

Not applicable. A Licence Agreement is not a disposition under Section 3.58 of the Local Government Act 1995.

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.”

Risk Management Considerations

Nil

Policy Implications

Licence Agreements are entered into when it is intended that the user shall have no proprietary or possesionary interest in the land.  As a consequence, a Licence Agreement offers the user a reduced degree of control over the land and less security of tenure.

 

The proposed Licence Agreement has been negotiated in accordance with the City’s Tenancy Policy.

Financial Implications

The City will maintain the dividing fence between the reserves in conjunction with the Minister

for Education on a 50/50 cost split basis.

 

The Licence fee will generate an income to the City of $3,000 per annum.

 

 

 

 

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       APPROVES the Licence of a portion of car park contained within Crown Reserve 20091, Lot 11139 (8) Aylesford Drive, Marangaroo (Attachment 1 refers) to the Minister for Education for a term of three (3) years commencing 1 July 2015 subject to the Minister for Lands approval; and

2.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to the Licence Agreement between the City and the Minister of Education in accordance with the City's Executions of Documents Policy.

 

Attachments:

1.

Attachment 1: Licence Area to the Minister for Education

15/74077

Minuted

  

File Ref:                                              5368 – 15/13096

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider the dedication of Lot 100 Addington Way, Marangaroo as a public road.

 

Background

Lot 100 Addington Way, Marangaroo (having an area of 168m² and being the land comprised in Lot 100 on Deposited Plan 54381, Certificate of Title Volume 2648 Folio 563) ("Lot 100") (Attachment 1 refers) forms part of the constructed road at Addington Way.

 

The Certificate of Title for Lot 100 records the freehold owners as Ante Ozretich and Marin Ozretich.  This is very unusual, as public roads are normally Crown land.

 

Administration became aware of the anomalous status of Lot 100 following an enquiry to Administration by Ms Kath Ursich on behalf of Marin Ozretich.  Ms Ursich advised that:

 

·        Ante Ozretich was deceased;

 

·        The surviving owner, Marin Ozretich lived in Croatia; and

 

·        Ms Ursich held a Croatian power of attorney document for Marin Ozretich.

 

Ms Ursich queried the status of Lot 100 and whether Marin Ozretich was entitled to be paid for the land.

Detail

Following Ms Ursich's enquiry, Administration investigated the history of Lot 100 and the alternatives to dedicate the land as road.

 

Creation of Lot 100

 

Based on a review of the City's archived files and Landgate searches, the current status of Lot 100 arose from the following:

 

·        In 1988, the City entered a deed with Marin Ozretich and Ante Ozretich for the resumption of land in Marangaroo. 

 

·        Under the terms of the deed, land was resumed by the City, and replacement land was provided to the Ozretichs.  The replacement land was in two parcels, with one of those parcels comprising two discrete portions of land.  The land which eventually became Lot 100 was one of those portions (Attachment 2 refers).

 

·        A transfer of land form to effect the transfer to the Ozretichs under the terms of the deed initially referred included the words "less portion as dedicated" in relation to the parcel comprising the land which included Lot 100.  Administration understands that this reference was intended to ensure that Lot 100 would be dedicated as road and would not be transferred to the Ozretichs. 

 

·        However, in response to a requisition notice from Landgate (then DOLA) following the lodgement of the transfer of land in December 1988, City agreed to delete the text "less portion as dedicated".  Administration considers that the implications of this amendment were not understood at the time, as it resulted in the transfer to the Ozretichs including the land now comprised in Lot 100. 

 

·        The land transferred to the Ozretichs under the transfer of land was subdivided several times, with Lot 100 being the only portion continuing to be registered to the Ozretichs as owners.

 

Dedication of Lot 100 as Public Road

 

Review of the requirements to dedicate Lot 100 identified the following:

 

·        Lot 100 is registered to Ante Ozretich and Marin Ozretich as joint tenants. 

 

·        The Metropolitan Cemeteries Board of Western Australia website records Ante Ozretich's date of death as 17 July 2010.

 

·        Section 227 of the Transfer of Land Act 1893 (WA) provides that, where a joint tenant of land (i.e. Ante Ozretich) dies, the surviving joint tenant (i.e. Marin Ozretich) is entitled to be registered as the surviving owner of the land. 

 

·        No transfer by survivorship has to date occurred in respect of Lot 100.

 

·        Dedication of Lot 100 as road (with the assistance of Marin Ozretich) would involve:

 

a)      A Survivorship Application to transfer Ante Ozretich's interest in Lot 100 to Marin Ozretich as the surviving joint owner, supported by a statutory declaration by either Marin Ozretich or his attorney; and

 

b)      A Transfer of Land (signed by Marin Ozretich or his attorney) to transfer Lot 100 from Marin Ozretich to the State of Western Australia. 

 

·        Marin Ozretich's absence from Western Australia complicates the dedication process.  Documentation would need to be signed by Mr Ozretich or his attorney in accordance with Landgate's identification requirements.  For Mr Ozretich to sign documents overseas, this would require identified an Australian consular officer.  Landgate also advised that the existing power of attorney to Ms Ursich is unlikely to be adequate for Ms Ursich to sign documents on Marin Ozrtich's behalf.

 

Ms Ursich advised Administration in August 2013 that due to the complexity it would not be possible for her or Marin Ozretich to complete the documentation required to dedicate Lot 100 as road.

 

Given that Marin Ozretich and Ms Ursich were unable to assist in the dedication of Lot 100, Administration contacted the Department of Lands to seek advice on any alternative methods to effect the dedication.  The Department of Lands advised in July 2014 that Lot 100 could be dedicated as road pursuant to section 56 of the Land Administration Act 1997 (WA) ("the LAA").

 

Value of Lot 100

 

Administration advised Ms Ursich in January 2013 that no fee should be payable to Marin Ozretich for the dedication of Lot 100, other than a possible contribution to registration fees.

 

 

However, in the course of preparation of this report, Administration obtained valuation advice regarding Lot 100 in September 2013.  On the basis that Lot 100 is not used by Marin Ozretich and has no obvious use other than road, Lot 100 was assessed as having little value to Mr Ozretich or to the market generally.  The City's valuer recommended that a nominal value of $1,000 would be appropriate for Lot 100 if any payment was made to Marin Ozretich or his representatives to facilitate the dedication of Lot 100 as road.

Consultation

Consultation occurred between 14 January 2015 and 5 March 2015, and was carried out by way of letters to relevant service authorities and government agencies, advertisements in the Wanneroo Times and on the City’s website, and letters to Ms Ursich (copied to Marin Ozretich at the address shown on the Certificate of Title) and to the adjoining land owner:

 

1.       Service Authorities and Government Agencies:

 

          The City contacted the following servicing authorities and government agencies:  ATCO Gas, Telstra, Water Corporation, Western Power, the Department of Lands and the WAPC.  No objections were raised by the authorities and agencies.

 

2.       Advertising:

 

          A notice was published in the Wanneroo Times on 27 January 2015.  A further notice was published on the City's website between 21 January 2015 and 5 March 2015.

 

In addition to consultation with service authorities, government agencies and the public, Property Services sought input from Infrastructure Assets.  Infrastructure Assets confirmed that the road on Lot 100 was constructed by the City during the period between 1987 and 1989.  The City is the management authority for the balance of Addington Way.

Comment

On the basis that:

 

a)      no service authorities, government agencies or other parties objected to the proposal to dedicate Lot 100 as a public road; 

 

b)      the dedication will merely formalise the existing and long term use of Lot 100; and

 

c)      the City already maintains the road surface of Lot 100 as part of Addington Way,

 

Administration recommends that Council supports the dedication of Lot 100 as a public road.

 

Administration also recommends that Council supports a nominal payment to Marin Ozretich or his representatives, in the event that the same is requested by Mr Ozretich or his representatives and is approved by the Chief Executive Officer under delegation, to facilitate the dedication of Lot 100 as road.

Statutory Compliance

The ability to dedicate Lot 100 as road reserve is authorised by the LAA.  Administration has secured confirmation from the Department of Lands that the proposed road dedication process is appropriate.

 

 

 

 

Section 56 of the LAA provides that where a local government requests the Minister for Lands to dedicate land as a road it is to indemnify the Minister against any claim for compensation that may arise from that action.

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.”

Risk Management Considerations

Risk Title	Risk Rating	Management Systems Effectiveness Rating
Payment/compensation to the surviving registered owner of Lot 100 (Marin Ozretich or his representatives) (if required to facilitate the transfer)	Low	Satisfactory
Accountability		Action Planning Option
Manager Property Services		Nil

Policy Implications

Nil

Financial Implications

The City already maintains the road surface of Lot 100 together with the balance of Addington Way.  There will be no impact on any other area of the City’s operations arising from the dedication of Lot 100 as a public road.

 

Any costs and fees payable to Marin Ozretich as the surviving registered owner of Lot 100 or to his representatives, where approved by the Chief Executive Officer under delegation, will be payable from the Land Acquisition Reserve with funding allocated to Project No PR-1056 as follows:

 

Description	Code	Amount
Land Acquisition Reserve	981501-9999-953	($3,500.00 + GST)
PR-1056 Purchase Land - Road Reserves	211501-9499-229	$3,500.00 + GST

Voting Requirements

Absolute Majority

 

 

 

Recommendation

That Council:-

1.       NOTES the submissions received from government agencies and service authorities in respect of the proposed dedication of Lot 100 Addington Way, Marangaroo (identified in Attachment 1) ("Lot 100") as a public road;

2.       SUPPORTS the dedication of Lot 100 as a public road;

3.       AUTHORISES a request being made to the Minister for Lands pursuant to Section 56 of the Land Administration Act 1997 for the dedication of Lot 100 as a public road;

4.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the dedication;

5.       DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to execute such documents as are required by the Minister for Lands to effect the dedication of Lot 100 as a public road in accordance with Council’s Execution of Documents Policy;

6.       DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to authorise payments of:

a)      no more than $1,000.00 (plus GST, if any) to the surviving registered owner of Lot 100 (or his representatives), as a nominal amount; and

b)      no more than $2,500.00 (plus GST, if any), to the surviving registered owner of Lot 100 (or his representatives), as a contribution to legal costs and registration fees (subject to evidence of those costs being incurred),

in respect of any assistance by that owner or his representatives to facilitate the dedication of Lot 100 as a public road;

7.       Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 (WA) APPROVES BY ABSOLUTE MAJORITY the agreed expenditure for the payment of the costs and fees described in 6.a) and 6.b) above; and

8.       NOTES the cost and fees described in 6.a) and 6.b) above will be funded from the Land Acquisition Reserve.

 

 

Attachments:

1.	Lot 100 Addington Way, Marangaroo	15/11566	Minuted
2.	Plan 12268 - Lot 100 Addington Way (highlighted)	15/13331

 

 

 

  

 

Infrastructure

Infrastructure Projects

File Ref:                                              19004 – 15/77431

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

 

Issue

To consider an update on progress relating to proposed installation of traffic signals at the intersection of Marmion Avenue, Lagoon Drive and Peony Boulevard, Yanchep.

 

Background

The City's 2014/2015 Capital Works Program includes approved funding for Stage 1 upgrade works (PR-2549) relating to installation of traffic signals at the intersection at Marmion Avenue, Lagoon Drive and Peony Boulevard, adjacent to the Yanchep Central Shopping Centre in Yanchep.

Detail

The proposed Stage 1 works include:

 

·        Improved channelisation, through the construction of a left turn lane in Lagoon Drive, for vehicles turning from west to north;

 

·        Installation of pedestrian facilities to current Australian Standards for access and mobility through construction of new pedestrian crossing points in the north-west quadrant and via the installation of handrails and tactile ground surface indicators to all pedestrian crossing points around the intersection;

 

·        Intersection street lighting upgrade to current Australian Standards and Main Roads WA requirements; and

 

·        Installation of traffic signals to the intersection to improve vehicle movement and pedestrian crossing safety.

 

Further works, ie: Stage 2, at the intersection are proposed for consideration by Council for funding in the 2015/2016 Capital Works Budget. The works involve upgrade of the existing auxiliary turn lanes to current Austroads and Main Roads WA (MRWA) deceleration standards and to accommodate predicted 2021 turning movement traffic volumes. Also, additional pedestrian facilities for paths connecting the Marmion Avenue, Lagoon Drive, Peony Boulevard intersection to the existing bus stops on each side of Marmion Avenue, to the south of the intersection. Stage 2 works are tentatively scheduled to follow on from Stage 1 works.

 

An initial condition to the 13 April 2013 approval from MRWA for the installation of traffic signals required simultaneous opposed right turning semi-trailers to be separated by a minimum distance of 2m, including right turn guidelines. This could not be achieved without significant reconstruction of the current intersection layout and relocation of pedestrian crossings.

Following further consultation, MRWA subsequently agreed to forego the above condition for the current situation on the basis of an alternative signal phasing design. As a consequence, the extent of works necessary to comply with this condition of approval will need to be programmed as part of construction works to be undertaken for the future Marmion Avenue four lane dual carriageway.

 

The City has received design drawings from the MRWA/Downer Mouchel Joint Venture for the proposed traffic signals, pavement markings and traffic signs, as shown in Attachments 1 and 2. The drawings are subject to the City’s approval, prior to being finalised for final approval by MRWA.

 

MRWA has also provided ‘Approval in Principle’ for the proposed traffic signals to operate in two phases, which is reflected in the traffic signal design drawings. A two phase traffic signal design means that opposing filtered right turn movements can occur simultaneously, i.e., right turning traffic gives way to through traffic and opposing right turning vehicles, until a safe gap is available. There is sufficient space within the existing intersection for passenger and small commercial vehicles to undertake simultaneous opposed right turns. However due to the narrow nature of the medians, or central islands, on all four legs of the intersection, heavy vehicles such as trucks, buses or semi-trailers, with wide turning circles, will not be able to turn simultaneously and will need to give way to turn separately.

 

A road safety audit undertaken on the current intersection layout identified pedestrian safety as a significant issue. A further concern with a two phase traffic signal design is that pedestrians, crossing in parallel with the vehicle green phase, may therefore conflict with right turning vehicles.

 

Traffic signal design is now being finalised based on the two phase approval provided by MRWA. Civil design is nearing completion based on the outcome of public utility service review. Western Power and Telstra were contacted in relation to the lowering of their respective underground services and associated provision of power and communication connections for the traffic signals. Stage 1 works are scheduled to commence during April 2015 and be completed, with traffic signals commissioned, late June 2015.

Consultation

Administration has been in consultation with MRWA since November 2014 regarding design of the traffic signals and approval of the City’s design of the civil channelisation works, street lighting and pedestrian facilities.

Comment

Administration sought to gain approval from MRWA for a traffic signal design which would avoid simultaneous right turns. An alternative arrangement with more traffic signal phases could provide safer right turns for larger vehicles, as well as providing a safer pedestrian crossing environment. Although it is noted that a disadvantage of more phases is that red light delay is increased, this resulting in more traffic congestion.

 

MRWA has informed the City that the proposed two phase traffic signal design is common practice within the State and on this basis. Administration is proposing to progress this project on the basis of MRWA approval and not pursue an alternative approval at this stage as it will delay the construction works. Administration will, subsequent to the traffic signals being commissioned, seek to gain approval for the phasing to be altered to allow for additional phases that then separates the vehicle and pedestrian movements.

 

The risk of traffic conflict under the two phase traffic signal design is considered minimal, with reliance placed on drivers and pedestrians to take care and give way as appropriate. Additional phases would mitigate this risk, but extends wait time at the intersection.

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.”

Risk Management Considerations

Nil

Policy Implications

Nil

Financial Implications

Following the mid-year budget review, funding of $690,000 will be available in PR-2549 in the 2014/2015 Capital Works Budget for Stage 1 intersection upgrade and traffic signals works.

 

Further works, ie: Stage 2, at the intersection are proposed for funding consideration by Council as part of the 2015/2016 Capital Works Budget process, with this work focusing on the upgrade of the existing auxiliary turn lanes to current standards and to accommodate predicted 2021 turning movement traffic volumes.

Voting Requirements

Simple majority

 

Recommendation

That Council:-

1.       NOTES that proposed traffic signals at the intersection of Marmion Avenue, Lagoon Drive and Peony Boulevard in Yanchep has been approved for installation on a two phase traffic turning arrangement by Main Roads WA;

2.       REQUESTS the Acting Director Infrastructure to continue seeking approval from Main Roads WA for alternative signal phasing to allow for additional phases that separate right turning vehicles movements from each other and pedestrians following commissioning of the traffic signals; and

3.       NOTES that commissioning of traffic signals is scheduled to occur during late June 2015, subject to completion of all public utility services relocating work within the project timeframe as programmed.

Attachments:

1.	MRWA Traffic Signals Design Drawing No 201548-0854-A	15/88067
2.	MRWA Lines & Signs  Design Drawing No 201548-0855-A	15/88075

 

 

 

Tenders

File Ref:                                              20202 – 15/75758

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

 

Issue

To consider Tender No. 01463 for the Construction of Lenore Road Upgrade (Stage 2), East Road to High Road within the City of Wanneroo for approximatly 18 months, inclusive of the outcome of the public notice and the public information campaign in relation to temporary closure of Nicholas Road on both sides of Lenore Road closure and the alteration to the alignment and level of Lenore Road associated with the proposed upgrade of Lenore Road, between East Road and High Road.

 

Background

As part of the City of Wanneroo’s ongoing commitment to upgrade its major road network, it is intended to complete the construction of Stage 2 of Lenore Road Realignment and Upgrade Project (PR-2099) in accordance with the City’s Agreed Structure Plan No 6 (ASP 6) for East Wanneroo Cell 4.

 

The construction of Stage 1 from Ocean Reef Road to East Road was completed in April 2014. The proposed construction of Stage 2 provides for the realignment and upgrade of approximately 2.2km of the existing two-lane single carriageway on Lenore Road from East Road to High Road. In order to ensure both the public and construction workers safety it is also proposed to close Nicholas Road on both sides of Lenore Road during the construction period of approximately 12 months.

 

This report outlines the outcome of tendering process for Tender No. 01463 and seeks Council’s approval to proceed with construction of Stage 2 by way of tender award, as well as noting the outcome of the public information campaign undertaken by the City in order to notify the community and road users of the proposed works and consider their requirements as appropriate.

Detail

Tenders Received

Tender No. 01463 for the Construction of Lenore Road (Stage 2) was advertised on 12 December 2014 and closed at 3:00 pm on 27 January 2015.

 

Contract Type	Fixed Lump Sum Price
Contract Duration	76 weeks (~1.5 years)
Commencement Date (Subject to Tender Award)	15 April 2015
Date for Practical Completion	28 September 2016
Defects Liability Period	12 months
Extension Permitted	Yes
Rise And Fall Included	No

Conforming Tender submissions were received from eight tenderers and have been listed in Tender Price ascending order below:

 

 

A graphical representation of the tender prices is given in Attachment 1.

 

The Tender Evaluation Team, consisting of the City's Project Manager Major Roads, Project Manager Infrastructure Development and Coordinator Contracts and Purchasing, undertook evaluation of the tender submissions received.

 

Alternative tenders were submitted by Ertech and Georgiou Group and in general, the proposals contained in these alternative tenders did not, in the opinion of the Tender Evaluation Team, provide for further innovative solutions to the project. Accordingly, the alternave tenders submitted by Ertech and Georgiou Group were not included for further evaluation.

 

Tender Evaluation

A "value for money" approach was adopted for tender evaluation, with the principles that guided this assessment summarised as follows:

 

Step 1: Compliance Assessment

All tenders to be assessed for compliance with the requirements of the Conditions of Tender and any specified Contract requirements.

 

Step 2: Non-Price Assessment

A non-price assessment provides a measure of the tenderer’s capability and capacity to perform the requirements of the Contract. The non-price assessment involves ranking the tenderers in accordance with weighted scores against the assessment criteria arising from the evaluation undertaken. The non-price assessment criteria and their weighting are summarised as follows:

 

No	Criterion Description	Score
1	Safety Management including Methodology	15%
2	Demonstrated experience in similar projects	10%
3	Resources & capacity including Project Resource Plan	30%
4	Organisational and Quality Management	20%
5	Construction Methodology	25%
Total		100%

Based on the total weighted score, a “normalised score” is then developed for ranking purposes and further analysis.

 

Step 3: Value for Money Assessment

An analysis of the tendered lump sum pricing, non-price criteria and assessment of risk to the project to determine the Tender that offers the best value for money.

 

Detailed Assessment

 

Step 1: Compliance Assessment

Tenders were checked for arithmetic errors and assessed for completeness and compliance with the Conditions of Tender. In general, all tenders were found to be compliant with the Conditions of Tendering. The following observations were made:

 

a)      Densford failed to provide the following information in its submission:

-        No details were submitted in relation to safety management systems for the organisation or the project specific details.

-        No details about the organisation’s resources and resource management were provided.

-        No information was provided in relation to Criterion 4 (Organisational and Quality Management)

 

b)      A minor arithmetic error was detected in Densford’s submission. The calculated sum of the values of price schedule items is $3,231.35 higher than submitted. Densford confirmed that its lump sum price as tendered is correct and that the schedule of items pricing would be adjusted accordingly.

 

Step 2: Non-Price Assessment:

A qualitative assessment of the non-price selection criteria for each conforming tender follows:

 

Safety Management Including Methodology (15%)

Evidence of the tenderer’s safety management systems, policies and practices was assessed from the tender documents.  The assessment was based on the tenderers’ responses to an Occupational Health and Safety Management System Questionnaire and the supporting documentation included within the tender documentation.  With the exception of Densford Civil, all tenderers provided details of acceptable safety management systems, with final ranking assessed as follows:

 

 

 

 

Demonstrated Experience in Similar Projects (10%)

An assessment was made to determine ranking based on the projects completed by the tenderers as listed in their respective tender submissions. Final ranking assessed as follows:

 

 

Resources & capacity including Project Resource Plan (30%)

The tenderers' resources contained in the tender documentation were examined in order to evaluate their ability to meet the requirements of the contract.  Assessment of this criterion considered the tenderer’s staff resources, plant/equipment and its subcontractors to be engaged in undertaking the works, with final ranking assessed as follows:

 

 

Organisational and Quality Management (20%)

Each tenderer’s Quality Management System and their proposed Quality Management Plan (QMP) were examined in order to determine the adequacy of their current management systems and their ability to develop and implement an appropriate QMP for the project, with final ranking assessed as follows:

 

Construction Methodology (25%)

The tenderers' proposed methodologies for the completion of the required works, protection of services and traffic management plans were examined in conjunction with the proposed construction program to determine their overall understanding of the required works, the existing conditions, as well as adequacy of the proposed implementation and management approach to be undertaken in relation to the required construction activities.  Ranking of this criterion is assessed as follows:

 

 

Overall Non-Price Weighted Score

The overall (normalised) weighted score for the non-price criteria assessment has resulted in the following ranking:

 

 

Step 3: Value for Money Assessment

Determining value for money involves a process of identifying the lowest comparative priced tender and if the next higher priced comparitive tender has  a higher non-price assessment score, identifying the additional benefits (if any) offered and assessing if the additional benefit offered is worth the additional cost.

 

The method applied is commonly referred to as the “Cost Effectiveness Ratio”.

 

 

Cost Effectiveness Ratio

This method aims to determine the best outcome for every dollar spent applying against the non-price assessment. A Score Index is calculated for each tender which measures the relativity of each tenderer’s non-price assessment score against the lowest score.

 

The total assessed price of each tender is then divided by its Score Index to obtain a measure of its cost relative to its equivalent score called its Relative Value For Money (RVFM) price. That is:

 

Applying the above equation results in the following overall ranking in relation to the RVM price:

 

Tenderer	Tender Price	Score Index	RVM Price	Rank
RJV	$6,694,969.72	1.15	$5,821,712.80	1
Monford Group	$6,104,356.99	1.02	$5,984,663.72	2
WBHO Civil	$7,741,349.30	1.14	$6,790,657.28	3
Ertech	$9,736,752.68	1.33	$7,320,866.68	4
WATPAC	$9,079,268.00	1.15	$7,895,015.65	5
Georgiou Group	$10,673,465.32	1.34	$7,965,272.63	6
Densford Civil	$8,397,729.38	1.00	$8,397,729.38	7
Ngarda	$10,839,948.47	1.06	$10,226,366.48	8

 

The Tender submitted by RJV has the lowest RVM Price and is therefore recommended as offering the best value for money.

 

A susbequent meeting with RJV was conducted on 23 February 2015 in which RJV demonstrated a good understanding of the project scope and satisfied the Tender Evaluation Team as to its capabilty to complete the works on time and to the specified quality standards. Confirmation of meeting actions arising was forwarded, along with a request for additional information sought to RJV, with subsequent responses and supporting information received.

Consultation

Public Notice

In accordance with Sections 3.50(4) and 3.51 of the Local Government Act 1995 relating to closure of thoroughfares and level and alignment changes, inclusive of associated impact on affected property owners/occupiers and the general public, a public notice was placed in the 'Wanneroo Times" and "Joondalup/Wanneroo Weekender" newspapers on 13 and 15 January 2015 respectively notifying the proposed temporary closure of Nicholas Road on both sides of Lenore Road for approximately 12 months.  The notice also advised of the City’s intention to carry out construction works associated with the realignment and alteration to the level of Lenore Road between East Road and High road during the 2015/2016 and 2016/2017 financial years.

 

The public notice also advised that a "Public Information Session" would be held on 28 January 2015 and requested submissions on the proposed temporary road closure and the alteration to Lenore Road alignment and levels to be forwarded to the City by no later than 6 February 2015.

Property owners/occupiers located within the area deemed to be impacted by the proposed works and associated traffic detours as a consequence of the closure of Nicholas Road at its intersection with Lenore Road were also notified by mail.

 

The public notice and the letter to property owners/occupiers included a sketch plan showing the location and extent of the proposed work on Lenore Road and the local road network to enable road users to identify detours during the temporary closure of Nicholas Road at its intersection with Lenore Road, refer Attachment 2.

 

Elected Members were also notified of the public notice and the letters to property owners/occupiers by way of a memorandum dated 12 January 2015, and were invited to attend the public information session.

 

Public Information Session

A public information session was held on 28 January 2015 at 6:00pm at the City's Civic Centre (Leschenaultia Room), with 17 attendees registering their attendance. The City's officers in attendance (ie: Manager Infrastructure Projects and Project Manager Major Roads) explained the project background along with a summary of the proposed works associated with the realignment and upgrade of Lenore Road and the proposed temporary closure of Nicholas Road. It was also explained that the temporary closure of Nicholas Road was in the interest of public and construction workers safety during construction.

 

The discussion indicated that there was no objection on the temporary closure of Nicholas Road but concerns were raised by the residents in relation to the impact of the proposed road construction including:

 

-      Possible structural damages to the adjacent buildings during construction;

 

-      Increased noise level and reduce safety; and

 

-      Removal of vegetation due to proposed realignment of the new Lenore Road carriagway closer to the western boundary of the road reserve, particularly the along Osaka Loop where the removal of trees was considered by the residents affected to impact on noise levels and jeopordise public safety.

 

These concerns were submitted to the City by 6 February 2015 as part of six submissions received.  The submissions and concerns raised were reviewed and categorised into five categories; Technical Advice, Structure/Building, Environmental, Safety and Public Relations.

 

Community Workshop

Following an initial review of the concerns submitted, it was decided to organise a community workshop to further discuss the community concerns raised in the public information session and subsequent submissions. A public notice was placed in the "Joondalup/Wanneroo Weekender" newspapers on 19 February 2015 advising of the City’s intention to hold a community workshop at 6.30pm on 25 February 2015 to further discuss and resolve the community concerns in relation to the project. Property owners/occupiers located in properties immediately adjacent to the proposed works were also notified by mail of the proposed community workshop.

 

The community workshop was held at the City's Civic Centre (Leschenaultia Room), with 26 attendees registering their attendance. The issues and concerns raised in the previous public information session and subsequent submissions presented in response to the Public Notice advertised on 13 and 15 January 2015, with the deadline for submissions closing on 6 February 2015, were grouped and discussed in accordance with the five categories established as a result of the review of submissions.

 

All related issues were discussed in detail at the community workshop, with all concerns addressed and resolved, including the concerns by the residents of the properties along Osaka Loop about the removal of the vegetation along the boundary with the Lenore Road road reserve. In regard to the later it was explained to the residents of Osaka Loop that the new alignment of Lenore Road would move to the east, away from Osaka Loop, and therefore it would be unlikely that the landscaping would be affected other than some minor pruning should it be deemed necessary as part of construction activity.  The large tree at the northern end of the landscape strip would however need to be removed, with this supported by the residents.

 

The outcome of the community workshop discussions is summarised in Attachment 3.

Comment

Tender 01346

The Contractor to be awarded the works will be required to develop, implement and maintain a detailed risk management plan/register and an OSH Management Plan for the project.

 

A financial risk assessment of RJV was undertaken as part of the tender evaluation process and the outcome of this independent assessment by Corporate Scorecard Pty Ltd has verified that RJV has a “very strong” financial capacity to undertake the requirements of the contract.

 

The tender submission from RJV is recommended as the successful tenderer. RJV has the required capability, resources and track record to complete the specified works.

 

Public Notice

The City has undertaken an intensive public information campaign to notify the community and the general public of its intention to upgrade Lenore Road from East Road to High Road inclusive of the temporary closure of Nicholas Road at its intersection with Lenore Road. At the public information session held on 28 January 2015, the community, in general, supported the proposed upgrade and had no objection to the temporary closure of Nicholas Road; however some concerns were raised about the impact of the road construction on the adjacent properties. These concerns were addressed and resolved at the community workshop held on 25 February 2015.

 

Service Relocation

A significant impact on the project is the Contractor’s ability to complete the construction of new DN600 water main to replace the existing water main on a new alignment and lower level in the vicinity of the Lenore Road/Nicholas Road intersection as this intersection needs to be lowered by some 2 to 3 metres as part of the proposed works.  The water main works need to be completed by no later than 31 July 2015 in order to enable the Water Corporation to undertake shut down of the existing water main and complete the connection to the new pipes. The potential for delay is mitigated by the tender requirement for a qualified and experienced subcontractor to complete the installation of the new water main. In addition, the works under the contract will be carried out in separable portions where if the deadline for completing the water main works is not achieved then the subsequent separable portion will be rescheduled accordingly to minimise the impact on the Contract.

Statutory Compliance

Public Notice in relation to proposed temporary closure of Nicholas Road, either side of Lenore Road and change to the level and alignment of Lenore Road, in accordance with Sections 3.50(4) and 3.51 of the Local Government Act 1995.

 

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

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 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.”

Risk Management Considerations

Nil

Policy Implications

Tenders were invited and assessed in accordance with the City’s Purchasing Policy.

Financial Implications

The table below summarises the available funding for the project, current expenditures, the recommended tender price by RJV for the construction of Lenore Road (Stage 2) and associated expenses:

 

PR-2097 Lenore Road Realignment and Upgrade
Description	Expenditure	Budget
Budget:
Allocated Project Management Budget for 2014/15		$7,409,297
-     Contributions-TPS Cell 4                     $6,300,000
-     Grants - State Government                 $226,666
-     Municipal Funding                                $882,631
Expenditure:
Expenditure incurred to 28 February 2015	$543,782
Commitment as on 28 February 2015	$492,691
Project Management	$200,000
Engineering Design	$150,000
Tender Advertisements (Tender and Public Notices)	$6,500
Relocation of Services	$1,200,000
Construction Activities
-     Contract No. 01463: Construction of Lenore Road Realignmnt & Upgrade (Stage 2)	$6,694,970
-     Contingency @10% on Contract 01463	$669,497
-     Street Lighting by Western Power	$275,000
-     Signs and Markings by MRWA	$95,000
-     Contract Administration	$150,000
-     Fencing	$50,000
-     Construction Support and Audit Services	$150,000
Total Expenditure	$10,677,440
Total Funding		$7,409,297
Funding Provision required in 2015/2016/2017		$3,268,143

 

The 2015/2016/2017 funding of $3.27M (rounded) is primarily sourced from Cell 4 East Wanneroo TPS development contributions, with the budget requirement listed in the draft
10-Year Capital Works Program, ie., $620,000 in 2015/2016 and the balance of $2.65M in 2016/2017.

 

It is noted that the “Grant – State Government” funding noted in the table above has been recouped from Main Roads WA early in the 2015/2016.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       ACCEPTS the tender submitted by Ralmana Pty Ltd T/A RJ Vincent & Co for Tender No. 01463 for the Construction of Lenore Road (Stage 2) – East Road to High Road, Wanneroo, for its tendered Lump Sum of $6,694,969.72 as per the General Conditions of Tendering;

2.       NOTES that funding of $3.27M, ie: $620,000 in 2015/2016 and $2.65M in 2016/2017, has been listed in the draft 10-Year Capital Works Program to allow for completion of the project; and

3.       REQUESTS Administration to advise all attendees at the Public Information Session held on 28 January 2015 and the Community Workshop held on 25 February 2015 of Council’s decision.

 

 

Attachments:

1.	Tender Prices - Graph	15/76037
2.	Location Plan	15/88392
3.	Community Workshop Outcomes	15/88430