Issues with Fig Trees, Russell Road, Madeley

1.         May we have copies of the Arborists reports from January 2014 to March 2015?

Response by A/Director, Infrastructure

The City has written to the Consulting Arborist seeking permission to release the reports from August 2014 and January and March 2015.  The City has not received a response yet for the report conducted in March 2015.  As soon as the permission is received then the City will make all of the reports available for public viewing.

When identifying roots of trees by DNA it is only possible to identify roots in an area of different species and not that of different trees within the same subspecies.  Therefore one can only scientifically identify that there are Ficus roots on the properties across the road but not specific tree across the road.

2.         Please review paper for confirmation:  Treenet Proceedings of the 5^th National Street Tree Symposium:  2^nd and 3^rd September 2004 ISBN 0-9775084-4-@Treenet Inc TREE ROOT IDENTIFICATION USING DNA FINGERPRINTING – Rebecca Ramsden. 

Response by A/Director, Infrastructure

The paper provided will be reviewed by Administration as suggested.

3.         Please explain the Value for Money to the CoW ratepayer in allowing these roots to continue to damage our road?

Response by A/Director, Infrastructure

Council resolved to retain the trees in August 2014. The City carries out maintenance works to ensure that the road is in a safe condition.

Value for money is achieved through a combination of both in-house work crews and works undertaken through appointed contractors depending on the repairs required to ensure that the road is safe for the public to use.

4.         There are small branches falling on the road now with the fruit season, possibly birds breaking them off.  This is driving a safety hazard.  Please eliminate this hazard?

Response by A/Director, Infrastructure

Residents are encouraged to contact the City in the event of branches falling from the verge trees so that removal can be organised promptly. This section of Russell Road including the footpath and hardstand areas adjoining the trees is swept on a weekly basis and after every adverse weather event. Additional sweeping can also be undertaken on a needs basis in response to the reports received by the City.

10 Russell Road has a front fence of chicken wire, lattice and dried plant material and dead biomass behind, an eyesore.

5.         We ask CoW to please bring this in line with the general streetscape in the area? 

Response by A/Director, Infrastructure

A Building Compliance officer has investigated the matter, and determined that the front fence has been erected without the City's approval.  The City will be proceeding to take action with the owner regarding the unauthorised structure.  A Building permit is required for a front fence which exceeds 1000mm in height in a residential zone.

In reference to the visual streetscape concerns, the City will not be able to take any action as there are no local laws governing this aspect.

Other large properties in the area have firebreaks.

6.         Please explain why the property at 10 Russell Road has no firebreaks in place in a residential area?

Response by A/Director, Infrastructure

Rangers have advised the residence is about 5000m2, completely fenced with an electric gate at the front. The property has been inspected by the Local Fire Brigade twice in the current financial year and has been signed off twice as not presenting a fire hazard. The City’s contractors attend every Wednesday to spray the front for weeds etc, and the City is sending in workers to trim the trees at the front of his residence on Thursday this week.

Rangers have also advised they entered the property with the consent of the owner and also stated they do not see the property as a fire hazard.  Rangers noted that there are plenty of green trees, there is a pool, water tank, there is some amount of fallen leaves requiring to be picked up and it is a little bit untidy.  The trees do need pruning, and this is being done on Thursday. A large amount of photos have been taken by the Rangers of the property.

March 18 witnessed by Bev Fazio.  A child was nearly hit by a motorist, at the intersection opposite no. 2.  The child was unable to see the road clearly due to a Ficus tree at no 1 Russell Road blocking her view. 

This tree blocks the road view as it is located close to the corner.  This is not the first time this has occurred.

7.         Please eliminate this hazard?

Response by A/Director, Infrastructure

A site investigation has indicated that the vegetation at the front of 1 Russell Road (adjoining Susan Road/Russell Road intersection) is causing sight line issues for pedestrians. Administration will liaise with the property owner of 1 Russell Road to undertake vegetation removal or pruning as may be necessary.

Reference to 18 Russell Road, due to the ongoing falling of branches and fruit from the Ficus tree onto the drive-way and crossovers the Councils current actions have not resolved the hazard. This is the main access area for all the services to the property.

8.         Is Council prepared to remove the Ficus tree adjacent to 18 Russell Road to remove the hazard, Councils ongoing costs and infrastructure cost recovery by the owner?

Response by A/Director, Infrastructure

Council made a decision in August 2014 to retain the Ficus Trees. Should property owners have concerns that the Ficus Tree roots are causing structural damage to their properties and related infrastructure, they should contact the City to arrange an inspection on a case by case basis.

Should someone consider Council to be at fault or liable for the incident and wish to pursue a claim against the City, that person is requested to submit in writing, circumstances surrounding the incident, compensation sought and why that person considers Council responsible, photos and diagrams are helpful and encouraged. The City will investigate and pass to its insurer who will make a determination on the City's behalf and advise the claimant in due course.  If further information is required, the City will request it accordingly.

Dual Carriageway Extension, Wanneroo Road, Carramar

Does the City have a timeline for when the Department of Main Roads will commence the dual carriageway extension of Wanneroo Road from Neerabup to Joondalup Drive in Carramar?

Response by A/Director, Infrastructure

We do not have the exact timelines but can query the Department of Main Roads about that.

Further Response by A/Director, Infrastructure

It is understood that the dualling of Wanneroo Road from Menchetti Road to the new Flynn Drive/Neerabup Road/Wanneroo Road intersection, will form part of the forthcoming Mitchell Freeway extension project. However, at this stage Main Roads WA does not have any plans for the dualling of Wanneroo Road between Flynn Drive/Neerabup Road/Wanneroo Road intersection and Joondalup Drive.

Policy regarding Installation of Sea Containers

1.         Does the City have a policy that covers the installation of sea containers like those at Allara Estate?

Response by Director, Planning and Sustainability

The City does not have a policy regarding installation of sea containers.

2.         Is there a reason why the City does not have a policy on sea containers, as adjoining Shires do, for example the Shire of Gingin has a policy that includes they need to be screened from view and no signage placed on them?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

Question 2 of PQ08-03/15 is being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 28 April 2015.

3.         Has the City considered the potential impact of the erosion north of Two Rocks and the new developments expected in north Two Rocks?  Would the City consider holding another public meeting that addresses the erosion along the entire north coast?

Response by A/Director, Infrastructure

This will be addressed in a report coming to Council in May, following the outcome of a public meeting on this matter held in Two Rocks earlier this month.

4.         Are there any footpath upgrades planned in the Two Rocks area?  Sovereign Drive and Lisford Avenue do not have dual use footpaths.

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by A/Director, Infrastructure

In the 2014/15 Ten Year Capital Works Program, the following projects were listed for consideration in the Pathways & Trails Sub Program:-

-          Construct path in PAW located between Springhill Place and Two Rocks Road (Year 3);

-          Construct path in Atlanta Drive between Damepattie Drive to Tengarra Ave  (Year 4);

-          Upgrade existng path in Whitfield Drive between Two Rocks Road and Gregory Court (Year 4);

-          Construct path in Galatea Grove between Dampattie Drive and Shamrock Park (Year 5); and,

-          Construct path in Charnwood Avenue between Candler Way to Cassilda Way (Year 6).

There are no plans or projects listed in the Capital Works Program for the construction of paths in Sovereign Drive or Lisford Avenue.

Please note that the above list and priorities are subject to change as the City will be considering the development of a Pathway Policy that will determine the order and priority of all pathway projects listed for consideration in the Pathways & Trails Sub Program.

5.         In light of Cr Winton’s request for policy review of the sand drift control, is it possible to defer any decisions on PS15-03/15 DA2014/2394 – Shorehaven Bulk Earthworks and Clearing – 1 Maroon Avenue, Alkimos?

Response by Mayor Roberts

That will be addressed during discussion on that item.

1.         As representatives of the Wyatt Grove Shopping Centre it is understood that at the 3 February 2015 Council meeting the item PS03-02/15 referring to this centre was deferred back to seek further advice on planning conditions but there was no timeframe on that.  The proponent is working to resolve issues previously identified, notwithstanding the Council report identified they were not an impediment to dealing with the Structure Plan.  Could this matter be presented to the next Council round to deal with the application and have it finalised?

Response by Mayor Roberts

Will take that as a statement.

Response by Director, Planning and Sustainability

There has been constructive progression in the compliance area but cannot give a precise update on whether completed or not at this time.

2.         Will Council request City’s administration to re-present the report relating to Amendment No. 32 to ASP 6 and Amendment 2 to ASP 42 to the next round of meetings?

Response by Mayor Roberts

The Director of Planning and Sustainability will provide his jurisdiction on compliance issues and will advise when the report is ready to come to Council.

Employment Opportunities

What ideas or help can be expected from Councillors for employment prospects, especially for young people as the population is zooming ahead?

Response by Mayor Roberts

Economic development and the creation of local employment is very high on Council’s Agenda.  The City has an Advocacy program that is being rolled out with the State and Federal Governments.  There are many reasons why local employment is critically important.

Maintenance of Kalbarri Park

Attended the Jindowie Residents Group, and was asked to find out what is happening with general maintenance to Kalbarri Park?  Cr Aitken asked for water tap, water fountain and lighting two meetings ago and was told developers have not handed over transfer papers so Council can take the matter in hand.  Will Council be doing maintenance such as cleaning barbecues, putting in water taps and lighting to the park in question?  If not, why not?

Response by Mayor Roberts

The President of the Jindowie Residents Association has approached the City on a number of matters and administration are working with the president on these.  Matters such as this are a budget item for Parks and Facilities, if the developer hasn’t provided these in the first instance, the City puts it in the budget. 

Response by A/Director, Infrastructure

Question taken on notice to check whether park has been handed to the City or not.

Further Response by A/Director, Infrastructure

Kalbarri Park was inspected on, 2 April 2015.  The park is maintained on a three weekly cycle under contract.  The park currently presents well and the level of maintenance is compliant with the scope of works set out in the contract.  The following works are conducted as part of routine maintenance:

The City experienced problems in February 2015 with an irrigation fault in the Park which has now been resolved.  Mulching and infill planting of the garden beds is scheduled for winter 2015.  There are currently no plans to install a drinking fountain in this passive park.

Capricorn House and Old Nursery Park

1.         Thank you for bringing the meeting here.  Is Council aware of any changes to the usage for community groups of Capricorn House? 

Response by Director, Community Development

The City has been alerted by the organisation that owns Capricorn House that there is an end date to the community use.  The City is negotiating that and it is yet to be determined what is happening.

2.         Is there any chance of getting a tap at Old Nursery Park, Yanchep?

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by A/Director, Infrastructure

The City will investigate the feasibility of installing a water fountain at Old Nursery Park and is obtaining a quote for the installation.  It should also be noted that the site has a large amount of cap rock, so trenching and rock breaking maybe required.  Further action is reliant on the outcome of the investigation/quote.

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

1.         With so many near misses and accidents, will the proposed traffic lights at this intersection be given a high priority?

Response by Mayor Roberts

That item is on tonight’s Agenda.

Response by A/Director, Infrastructure

Design has been progressed and construction is due to start next month.

2.         Why haven’t traffic controls been put in place prior to this construction, for example a left turn only from Lagoon Drive or a one-way system from Peony Boulevard?

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by A/Director, Infrastructure

The intersection of Marmion Avenue/Peony Boulevard/Lagoon Drive was constructed as a four-way intersection in accordance with the Agreed Structure Plan 40 for Lot 1 & Lot 102 Yanchep Beach Road. The ultimate plan for the intersection was always to operate as a four-way traffic controlled signals. With this in view, other traffic treatments were not considered. Design for installing the traffic signals is already in progress and construction is scheduled to start during April.

Homelessness in City of Wanneroo

1.         Being president of HAND (Homeless, At Risk, Needy and Disadvantaged People), can the City advise me of its current status on homelessness?

Response by Mayor Roberts

Item MN06-03/15 Homelessness and Sleeping Rough in the Northern Corridor is on tonight’s Agenda.  This recognises that this is a growing issue in the City. 

Currently the Youth team provides packs for youth but this issue does need to be addressed. 

2.         Will policies be put in place to support local homeless?

Response by Mayor Roberts

There is a recommendation in MN06-03/15 but this has not been endorsed by Council at this point as it is on tonight’s Agenda, but the recommendation involves getting a number of key parties together to work on this issue. 

3.         Is there any way the Council could consider a local homeless shelter or drop-in centre?

Response by Mayor Roberts

This is covered in the report at MN06-03/15 on tonight’s Agenda.

4.         A homeless gentleman who is the father of three children asks how unemployed pay for food, gas, clothes and medications if payments are stopped for a no-fixed abode address and do not drink, smoke or participate in any criminal activity, why is there no help?

Response by Mayor Roberts

Homelessness is not a core activity of local government, however the City of Wanneroo has identified that there is a growing need.  On Christmas Day the City hosted a lunch at the Wanneroo Showgrounds for people who were doing it tough, isolated and lonely. 

5.         Would the City consider funding to assist charities such as HAND?

Response by Mayor Roberts

This is covered in the report at MN06-03/15 on tonight’s Agenda.

Costs of SAT Proceedings

1.         What is the total expenditure for external representation and advice, including but not limited to, lawyers, planners and experts utilised by the City of Wanneroo in responding to new applications for review and continuing SAT matters for the 2013/2014 financial year?

2.         What is the total expenditure for external representation and advice, including but not limited to lawyers, planners and experts utilised by the City of Wanneroo in responding to new applications for review and continuing SAT matters for the 2014/2015 financial year as at the December 2014 month end?

3.         In regard to all SAT proceedings involving landholdings related to Greenpark Asset Pty Ltd and Goldrange Pty Ltd what is the total expenditure for external representation and advice, including but not limited to, lawyers planners, and experts utilised by the City of Wanneroo in SAT proceedings brought by these companies?

Response by Director, Planning and Sustainability

Questions taken on notice.

Further Response by Director, Planning and Sustainability

Questions 1 – 3 of PQ15-03/15 are being investigated and a further response will be provided in the Agenda for the Ordinary Council Meeting to be held on 28 April 2015.

Social problems in City of Wanneroo

Is the City looking at social and mental health problems by addressing these issues before they become a big problem?

Response by Director, Community Development

There are a number of programs and activities taking place across the City and a number of those are focussed on working in the newer communities and tackling some of those social problems.  Those social problems are always complex, whether its unemployment or homelessness, often associated with other health issues, including mental health.  Some of those are responsibilities of the City and new programs will be rolled out in the next twelve months.

Moved Cr Driver, Seconded Cr Parker

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

Carried Unanimously

At the Council meeting the Mayor spoke on several issues including its decision to hold three of its monthly meetings outside the Wanneroo Civic Centre this year to give as many residents as possible the opportunity to attend, to contribute and see how the Council works.  The next meeting will be held at the Gumblossom Centre in Quinns Rocks and the July meeting will be held at the Hainsworth Centre in Girrawheen.

The Mayor stated that Two Rocks is the most northern suburb out of the 36 suburbs in the City and that the Northern Coastal Growth Corridor, comprised of Alkimos, Eglinton, Yanchep and Two Rocks is expected to welcome 73,000 additional people by 2036, being 55% of the total City’s growth. The current total listed for the capital works program over the next ten years for Two Rocks and Yanchep is just over $81 million.

The Mayor listed a number of projects the City is involved in within this area, being:-

·         Yanchep active open space/ovals $7.8 million

·         The management and safety of Durrs Track access to Dewars Beach $90,000

·         The redevelopment of the Mary Lindsay Homestead $4.1 million

·         Extension of Mitchell Freeway to Romeo Road

·         Working with the developers on a temporary community hub for Alkimos

·         The Yanchep Lagoon and Surf Life Saving Club $7.6 million

·         The Two Rocks Coastal Management Plan

·         Community consultation for the redevelopment of Charnwood Park

The Mayor also stated the City’s current and future works include:-

·         An upgrade at Oldham Park/reserve $295,000 (expected to start in May)

·         Upgrade to Phil Renkin Centre $50,000

·         Ward changes to the northern suburbs from representation of two councillors to five councillors

·         Work completed at St Andrew’s Park $140,000, and a Tender for the kitchen upgrade $52,000 has been awarded.

The Mayor concluded by advising that many projects are currently underway to improve facilities and infrastructure for residents in the fast-growing North and Coastal Wards and thanked everyone for attending.

With reference to Item PS15-03/15 can the Director of Planning and Sustainability provide us with examples of best practice planning for the meeting where subdivision applications and earthworks have preceded an agreed Structure Plan for an area? 

Response by Director, Planning and Sustainability

The best practice is the normal planning process which is approval of the structure plan, approval of the subdivision and subsequent approval of earthworks.  I am unaware of an example of best practice where the approval of earthworks prior to a structure plan has happened.

Cr Winton presented a petition of 30 signatories requesting Council’s consideration on imposing a differential rating system on properties within the Settlers Ridgewood Rise Village as part of the City’s Budget 2015/2016 process.

This petition be forwarded to the Corporate Strategy and Performance directorate for action.

Cr Winton presented a petition of 94 signatories requesting Council’s consideration to install airconditioning or industrial fans at the Gumblossom Community Sports Hall due to exercise programs being run in the hall which is stifling hot in the summer months.

This petition be forwarded to the Community Development directorate for action.

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.

File Ref:                                              4409 – 15/4999

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Winton, Seconded Cr Parker

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.

Carried UNANIMOUSLY

File Ref:                                              3381-36 – 14/237708

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

Moved Cr Driver, Seconded Cr Hayden

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.

Carried Unanimously

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         

Moved Cr Driver, Seconded Cr Hayden

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.

Carried Unanimously

File Ref:                                              8233 – 15/28889

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Driver, Seconded Cr Hayden

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;

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.                     

Carried Unanimously

File Ref:                                              DA2014/1972 – 15/60795

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Cvitan, Seconded Cr Newton

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.

Carried Unanimously

File Ref:                                              DA2014/2321 – 15/47948

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Cvitan, Seconded Cr Parker

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.

Carried Unanimously

File Ref:                                              DA2014/2394 – 15/63833

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

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; and

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.

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.

MOTION LAPSED FOR WANT OF A MOVER

Alternative Motion

Moved Cr Winton, Seconded Cr Guise

That Council:-

1.         NOT APPROVE the application until such time that LSP73 is finally approved; and

2.         NOTE that upon approval of LSP73 administration will have delegated authority to determine the application.

CARRIED UNANIMOUSLY

Reason for Alternative Motion

To follow best planning practice in allowing an agreed structure plan to be put in place before development or subdivision occurs. 

File Ref:                                              2292 – 15/85072

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Moved Cr Newton, Seconded Mayor Roberts

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.

Carried Unanimously

File Ref:                                              4238 – 15/67761

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Newton, Seconded Cr Guise

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.

Carried Unanimously

File Ref:                                              4125 – 15/26376

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Cvitan, Seconded Cr Guise

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.

Carried Unanimously

File Ref:                                              5453 – 15/70687

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.       That Council 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.

Carried Unanimously

File Ref:                                              5368 – 15/13096

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Zappa, Seconded Cr Hayden

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.

Carried by Absolute Majority

14/0

File Ref:                                              19004 – 15/77431

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Aitken, Seconded Cr Hewer

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 to seek 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.

Amendment

Moved Cr Winton, Seconded Cr Newton

In recommendation 2. after the word “other” to remove the word “and” and add the word “incorporating”, then to make the word “pedestrians” singular and add the word “phases”.

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

Carried Unanimously

Substantive Motion as Amended

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 to seek approval from Main Roads WA for alternative signal phasing to allow for additional phases that separate right turning vehicles movements from each other incorporating pedestrian phases 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.

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                              20202 – 15/75758

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Cvitan, Seconded Cr Guise

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.

Carried Unanimously

File Ref:                                              2409 – 15/63803

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Aitken, Seconded Cr Nguyen

That Council NOTES the review of the following policies and ENDORSES the subsequent amendments as shown in Attachments 1 to 3:-

a)      Youth Reward and Recognition Policy;

b)      Australia Day Award Policy; and

c)      Internet Links Policy

Carried Unanimously

File Ref:                                              9378V02 – 15/25208

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Aitken, Seconded Cr Nguyen

That Council:-

1.       NOTES the Petition PT01-11/14 tabled at its Ordinary Council Meeting of 11 November 2014;

2.       NOTES that the provision of playground equipment at Gidgi Park, as per the Petitioner's request, has been listed for consideration in the draft 2015/16 10 Year Capital Works Budget; and

3.       AUTHORISES the Director Community Development to advise the petition organisers of the outcomes of this report.

Carried Unanimously

File Ref:                                              9102 – 15/65225

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Aitken, Seconded Cr Nguyen

That Council:-

1.       NOTES the outcome of the Charnwood Park Re-development community consultation process, indicating that the community is not supportive of the proposal to develop a senior sized active reserve (playing field) at Charnwood Park as a replacement to the proposed development of these facilities at the Yanchep Active Open Space;

2.       NOTES that Amendment No. 122 to District Planning Scheme No. 2 was published in the Government Gazette on 9 September 2014 (as per report PS04-12/14) and that Administration is currently in the process of finalising the costs that are to apply through the Yanchep Two Rocks Development Contribution Plan, in consultation with affected landowners, and intends to report to Council on this matter in April 2015;

3.       NOTES petition PT06-04/13 comprising of 479, stating that:

1.   “To register our strong objection and opposition to the proposal that Charnwood Reserve, Two Rocks be dug up and reconfigured as an Australian Rules Football Oval as an alternative to the development of football ovals in Yanchep.

2.   To urge the city of Wanneroo to immediately recommence negotiations with the Yanchep Beach Joint Venture and associated developers for the early establishment of two football ovals and associated facilities in Yanchep.”

4.       AUTHORISES the Director Community Development to inform the petition organiser of Council’s resolution regarding Petition PR06-04/13; and

5.       ACKNOWLEDGES and THANKS the Yanchep and Two Rocks Communities for their participation in the Charnwood Park Re-development community consultation process.

6.                                   

Carried Unanimously

File Ref:                                              1859 – 15/71528

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Treby, Seconded Cr Zappa

That Council RECEIVES the list of payments drawn for the month of February 2015, as summarised below:-