Item PS07-03/16 Proposed Amendment No. 25 to Agreed Structure Plan No 1 (Cell 3) – Increase in retail net lettable area from 1,900m² to 4,300m²

I reject the building going ahead from 145 to 169 units. The amount of people and vehicles it’s going to bring into the area as well as trying to get onto Clarkson Avenue especially in the mornings around 8am is going to be a bottleneck. There’s nothing stopping those units being sold to Homes West. A proper traffic assessment hasn’t been undertaken.

1.         Where and at what time was the traffic assessment done?

2.         Can the units be sold to Homes West?

Response by Director Planning and Sustainability

The traffic management considerations have already been provided in the report. As for the ownership of the Units, that is a matter outside of the City’s control.

Yanchep Red Hawks Football Club at Oldham Reserve.

Can a function room be built at Oldham oval. We have already out grown that space. Yanchep Open Space current facility was inadequate to meet current needs. We would need 200 square meters. The membership base is around 150, with 58 playing seniors and over 300 in juniors. The Club is disappointed at a district level that the facilities cannot cover the needs of the sporting clubs now and in the future.

We ask that the matter be deferred so that we can provide to Council a detailed needs analysis for AFL, cricket, netball, soccer and other sports in Yanchep?

Response by Director Community and Place

Already detailed in the report are some complexities over the timing of delivery, there is potential to take further information, however it is already contained in the report with the West Australian Football standards, as it relates to the needs of these clubs.

Further Response by Mayor Roberts

I do recall that the club did previous deputations at Council meetings and Council did resolve to spend $283,000 on the new facility at Oldham Reserve, which has just been completed. Also dialogue occurred at the time for not constructing the facility at that oval but waiting for the Yanchep District Active Open Space to come online. The club was very clear that they wanted the 100 square meters at the Oldham Reserve. One concern raised in the question was the reference to a function room.

The City does provide the change rooms and facilities, and the Yanchep Sports Club provides facilities for functions. So as to the whether this can be considered by Council to defer to this matter - The response by Director has been given and the Councillors will consider this at that time.

February 2016 clean up at Merriwa Primary School.

1.         At a previous meeting littering signs were asked to be placed at the Merriwa Primary School?

Response by Mayor Roberts

This question was asked at the last meeting and the Directorate is investigating.

Response by Director Assets

The City is conscious of ensuring effective placement of signage to gain maximum impact and though it is not currently planned to place new litter signage at Merriwa Primary School, a review will be undertaken in June 2016 to determine if litter signage is still necessary.

Lack of community attendance at a lot of City of Wanneroo functions.

2.         Would like to facilitate community attendance by introducing integrated development planning and get Council to give it a chance and adapt a family fun day event, as well as working with sporting groups.

Response by Mayor Roberts

Through the Director Community & Place there are a number of free community events organised for the residents.

Response by Director Community and Place

There is an increase in opportunities presented to residents in the community. Events are currently being planned by the Place Strengthening team and residents can look forward to more opportunities being rolled out.

Item PS10-03/16 Consideration of Development Application (DA2015/1794) – Home Business – Category 3 at 28 Huntington Parkway, Landsdale

The application for a home business licence in PS10-03/16 has been denied on the grounds of traffic concerns.  There are many home businesses around this suburb which generate year-long traffic.  This proposed business is seasonal and will only be after school.  Could Council reconsider this application or defer it to be able to amend the application to something more suitable?

Response by Director Planning and Sustainability

It is up to Council to defer the item and if instructed Administration can work with the applicant in regards to the application.  There are two key matters, one is the area of land being occupied by the home occupation and the other is a judgement question around the extent of traffic.  Generally, most home businesses would have one customer at a time, such as a home office, whilst this business requires two customers simultaneously.  Even though it is for short periods of the day, there is intensity over and above what would normally be found in a conventional home business.  

Answers to questions raised at Briefing Session 23 February 2016.

1.         The answers received to questions asked at last week’s Briefing Session were disappointing and dissatisfying.  In general the answers do not answer the question fully.  Could another attempt be made to answer questions under Item 4.2, question numbers 1, 2 and 3 and under Item 4.3, question number 2?  Not sure what help the answers to the questions would have been to the Elected Members also.  Responses like “we give due regard” yet Administration decides a 500m radius was sufficient does not really answer the question that was asked.

Response by Director Planning and Sustainability

The questions have been answered accurately and factually.  If Council wishes further elaboration, then that can be provided.

2.         Answers to questions were only received late today with much dissatisfaction and appear to not be accurate, not full and have been skimmed; can there be an elaboration of these?

Response by Director Planning and Sustainability

Question taken on notice.

Further Response to question 1 (Item 4.2) by Director Planning and Sustainability

The City received 18 submissions following consultation and of those, two supported the proposal and 16 did not.  The matters raised in the submissions were taken into consideration in the preparation of the report.  Council considered the report and the matters raised in the submissions and resolved to refuse the application at its meeting on 1 March 2016. 

Further Response to question 2 (Item 4.2) by Director Planning and Sustainability

In regards to the submission received by Cornerstone Legal, this was included in the schedule of submissions and the issues raised were considered and addressed.

The question and response provided following the Briefing Session is repeated below for reference:

Further Response to question 3 (Item 4.2) by Director Planning and Sustainability

Administration considered that writing to those within a 500m radius would be sufficient to gauge the view of local landowners.  Furthermore, the application was advertised on the City’s website and was available for viewing by the wider community at the City’s offices.

Further Response to question 2 (Item 4.3) by Director Planning and Sustainability

Where planning approval is granted for a use or development of land, it is required to be carried out in accordance with that approval and in keeping with the terms and requirements of any conditions.

Where a use or development is not carried out as approved, then the City can take appropriate action requiring the operator to comply with the approval or to cease activities. 

Answers to previous Briefing Session

I seek clarification on the answers received from last Briefing Session. Letter dated
07 October 2015 regarding the odour from the mushroom farm, is Administration aware that Phase 1 compost is the initial composting phase of the mushroom process?

Response by Manager Planning Implementation

Question taken on notice.

Further Response by Director Planning and Sustainability

Administration understands that Phase 1 compost does relate to the initial stage of  compost production, the applicant, however, proposed to use Phase 3 Mushroom substrate which requires no further blending and is ready for use.

Moved Cr Newton, Seconded Cr Zappa

1.       That the minutes of the Ordinary Council Meeting held on 02 February 2016 be confirmed subject to the following amendment:-

Item CS04-01/16 – Donations to be considered by Council.  The figure quoted in the recommendation to the report to be amended from $943.50 to $628.50.

This amendment is required due to an administrative miscalculation which included the bin hire twice. The applicants request was for $628.50 only and the applicant is aware of the miscalculation.

2.       That the minutes of the Ordinary Council Meeting held on 10 November 2015 be amended as follows:-

          Item IN03-11/15:-  Amend recommendation 4 to insert the words “by absolute majority” after the word “Delegate” and amend the recommendation to show that it was “Carried by Absolute Majority” rather than “Carried Unanimously”.

This amendment is required due to the requirement that delegations by Council are to be endorsed by absolute majority. Whilst the decision was carried by absolute majority, this wording was not reflected in the minutes and is required to be inserted to provide an accurate record.

Carried Unanimously

1.         Road Safety Awards

At the recent Local Government Road Safety Awards the City of Wanneroo was recognised for its contribution to road safety. The awards, a joint initiative of the WA Local Government Association’s RoadWise Program and the Institute of Public Works Engineering Australasia– Western Australia Inc, acknowledges outstanding achievements by local governments in the area of road safety, while celebrating the contribution towards the Towards Zero road safety strategy to reduce road trauma in Western Australia between 2008-2020, through local community road safety projects and events were presented by the Road Safety Minister, Hon. Liza Harvey MLA on 12 February 2016 at the awards presentation held as part of  WALGA’s 2016 Transport and Roads Forum.

Of the four categories at the awards, the City of Wanneroo was recognised in three.

Driver Reviver program a volunteer driven initiative raising awareness of and reducing driver fatigue, operating at public holidays and long weekends, providing a safe place to stop for refreshments and perhaps swap drivers if they have a long distance to travel.

Cr Dot Newton, the Chairperson of the City’s Roadwise Working Group was presented with the award on behalf of all volunteers who have dedicated their time for this very important program.

School speed limits review, the City recently reviewed all school zones. 25 locations were identified with safety and speeding issues and subsequently referred to police for targeted enforcement, along with the installation of six children’s crossings and electronic school zone signage being placed at a number of schools.

San Rosa Road - the City installed blister islands, intersection treatments and diagonal chicane to reduce the speed of vehicles in an effort to improve safety, resulting in the average driving speed reduced from 65km/h to 50km/h.

Director Assets, Harminder Singh, was presented the awards on behalf of the City’s Traffic Services Team.

2.         Annual Master Builders Association Awards

At the Annual Master Builders Association Awards on Saturday night, the City of Wanneroo was awarded the inaugural Best Practice in Local Government Award.

This is a significant award for the City as it was nominated and judged by the building sector for excellence in building approvals, service delivery and best practice.

The Master Builders are the City’s biggest customer but also the industry's biggest critic so to receive this prestigious award is a credit to the City’s Building Approvals team.

This shows the commitment and vision of the City’s Building Team to deliver a service that meets the City’s customer's needs.

Mr Alan McColl, the City’s Manager Health and Compliance was presented the award on behalf of the City.

Cr Guise presented a petition of 194 signatories requesting Council to reject the proposed amendment of the rezoning of Lot 19 Clarkson Avenue, Tapping.

This petition be forwarded to the Planning and Sustainability directorate for action

Cr Winton presented a petition of 88 signatories objecting to an adult shop at Ocean Keys Shopping Centre.

This petition be forwarded to the Planning and Sustainability directorate for action.

Cr Newton presented a petition of 21 signatories requesting for Aqua Aerobics class on a Friday at Aquamotion.

This petition be forwarded to the Community and Place directorate for action.

Cr Simpkins presented a petition of 34 signatories requesting the closure of Parin Road, Marangaroo at its entrance/exit from Wanneroo Road to turn it into a cul-de-sac for safety reasons.

Update

A report is scheduled for the 5 April 2016 Council meeting.

Cr Parker presented a petition of 1,976 signatories requesting the extension of Quinns Dog Beach from the northern end of the current boundary to the stairway servicing Chippy’s cafe.

Update

Administration is currently reviewing the request to extend the Quinns Dog Beach and will report to the 5 April 2016 Council meeting on the outcome of this review.

File Ref:                                              3516 – 15/569117

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Guise

That Council, pursuant to Clauses 4(1) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, ADOPTS the draft revised Local Planning Policy 3.1 Local Housing Strategy Implementation as contained in Attachment 3, for the purpose of advertising, and ADVERTISES it for public comment for a period 21 days by way of:

a)   Advertisement in one edition of the Wanneroo Times, The North Coast Times and Sun City News; and

b)   Display at the City’s Administration Centre Building, City Libraries and on the City’s website.

Carried Unanimously

File Ref:                                              6903 – 16/35003

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Nguyen, Seconded Cr Fenn

That Council APPROVE the draft Climate Change Adaptation and Mitigation Strategy 2016-2020 as included at Attachment 1 and that it be advertised for public comment for a period of 28 days.

Carried Unanimously

File Ref:                                              23041 – 15/572795

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Nguyen, Seconded Cr Fenn

That Council:-

1.       Pursuant to Regulation 50(3) of Planning and Development (Local Planning Schemes) Regulations 2015 DOES NOT SUPPORT Amendment No.152 to District Planning Scheme No. 2 to amend Schedule 2 – Section 1 (Clause 3.20) Additional Uses to allow the land use Cattery at Lot 151 (41) Casuarina Way, Wanneroo as an Additional Use as the proposal does not satisfy the objectives (a) and (c) of Special Rural Zone contained in Clause 3.18.2 of the District Planning Scheme No. 2; and

2.       ADVISES the submittors of its decision.

Carried Unanimously

File Ref:                                              DA2015/1164 – 15/578038

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Nguyen, Seconded Cr Fenn

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Plannning Scheme No. 2, APPROVES the Development Application (DA2015/1164) submitted by the landowner, Tony Frisina, as shown in Attachment 2 for Existing Additions to a Single House (Patio, Retaining Walls, Shed & Carport) at Lot 159 (6) Moran Court, Wanneroo subject to the following conditions:

a)      This approval only relates to the proposed Existing Additions to a Single House (Patio, Retaining Walls, Shed & Carport) as highlighted on the approved plans. It does not relate to any other development on the lot;

b)      All stormwater shall be contained on-site;

c)      The Patio, Shed and Carport shall only be used for purposes incidental to the residence, and shall not be used for commercial or industrial purposes, as well for human habitation; and

d)      This approval is only valid from the date of this decision and does not retrospectively authorise any previous unapproved use of the subject land.

2.       NOTIFIES the submitter of this decision.

Carried Unanimously

File Ref:                                              DA2014/186 – 15/597930

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Recommendation

That Council:-

1.       Pursuant to Section 31 (2) of the State Administrative Tribunal Act 2004 (WA), SETS ASIDE its decision dated 24 June 2015, and APPROVES the modified application for an Unlisted Use (Compost Stockpile) at Lot 121 (288) Carabooda Road, Carabooda, subject to the following conditions:

a)      This application relates only to the proposed Unlisted Use (Stockpile) as indicated on Attachment 2. It does not relate to any other development on the lot.

b)      The proposed Unlisted Use (Compost Stockpile) shall only consist of compost which is treated and maintained in accordance with the Australian Standard AS4454-2003 Composts, Soil Conditioners and Mulches, to the satisfaction of the City of Wanneroo. This compost shall be treated to the AS4454-2003 requirements prior to being stockpiled on the site.

c)      A report by a suitably qualified person confirming that the compost stockpile complies with Australian Standard AS4454-2003 Composts, Soil Conditioners and Mulches shall be submitted to the City at the cost of the applicant prior to the commencement of the use and at any other time when requested by the City.

d)      The proposed Unlisted Use (Compost Stockpile) shall be located in the area indicated on Attachment 2, and setback a minimum of 300m from the eastern boundary and 500m from the northern boundary.

e)      The proposed Unlisted Use (Compost Stockpile) shall be a maximum size of 3,000m³.

f)       The proposed Unlisted Use (Compost Stockpile) shall have no more than four (4) deliveries of compost to the site per week, and no more than four (4) deliveries of compost from the site per week. Deliveries of compost to and from the site shall be restricted to the hours of 07:00 to 17:00 weekdays only. No customers are permitted to the site.

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

h)      The applicant shall undertake adequate measures to minimise any impacts of dust, and sand drift, from the site, to the satisfaction of the City of Wanneroo

i)        This approval is only valid from the date of this decision, and does not retrospectively authorise any previous unapproved use of the subject land.

2.       ADVISES the State Administrative Tribunal, the applicant, and the submitters of its decision; and

3.       INSTRUCTS Administration to issue pursuant to Section 214 (3) of the Planning and Development Act 2005 a directions notice to the applicant to remove any existing untreated material, including raw manure, which is not in accordance with AS4454-2003.

LAPSED FOR WANT OF A MOVER

Alternative Recommendation

Moved Cr Cvitan, Seconded Cr Guise

That Council:-

1.         Pursuant to Section 31 (2) of the State Administrative Tribunal Act 2004 (WA), AFFIRMS its decision dated 24 June 2015 to REFUSE the application for an Unlisted Use (Compost Stockpile) at Lot 121 (288) Carabooda Road, Carabooda, for the following reasons:

a)         Considers that the application is consistent with the definition of a Storage Yard, and as such is a use which is not permitted within the Rural Resource zone.

b)        The proposal is inconsistent with the objectives of the Rural Resource zone under Clause 3.17.1 of DPS 2;

c)         The proposal is inconsistent with Clause 67 of the Deemed Provisions of DPS 2, with particular regard to the compatibility of the development on adjoining land, the amenity of the locality, and the submissions received on the application;

2.         ADVISES the State Administrative Tribunal, the applicant, and the submitters of its decision; and

3.         INSTRUCTS Administration to issue, pursuant to Section 214 (3) of the Planning and Development Act 2005, a directions notice to the applicant to remove the existing stockpile from the site.

CARRIED UNANIMOUSLY

Reasons For Alternative Motion

1)         There is an extreme risk of Stable Fly/Rodent breeding/contamination problems especially when the pile is wet, together with odour problems; and 

2)         The Departments of Agriculture and Health are strict on storage of raw foul manure and the application there of in Horticultural use on crops for the control of stable fly/ common fly breeding; and

3)         The use is considered to be a storage yard which is not permitted in the rural resource zone under DPS 2. Approval would set a precedent for any further stockpile uses.

File Ref:                                              DA2015/81 – 15/564986

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4

Previous Items:                                   PS07-09/13 - Proposed additions to existing 'Intensive Agriculture' (Crown Mushrooms) at Lot 1 (163) Belgrade Road, Wanneroo - Ordinary Council - 17 Sep 2013 7.00pm       

Recommendation

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2 APPROVES the development application for Intensive Agriculture (Mushroom Farm) at Lot 1 (163) Belgrade Road, Wanneroo, as shown in Attachment 2, subject to compliance with the following conditions:

a)      This approval only relates to the proposed Intensive Agriculture (Mushroom Farm), as indicated on the approved plans. It does not relate to any other development on the lot.

b)      The use of the land shall only be for the purposes of “Intensive Agriculture” as defined in the City of Wanneroo District Planning Scheme No. 2, which is as follows:

“Any land or buildings used for trade or commercial purposes for the following:

(a)     The production of grapes, vegetables, flowers, exotic and native plants, fruit and nuts (including market gardens); or

(b)     The establishment and operation of plant and fruit nurseries; or

(c)     The development of land for irrigated fodder product and irrigated pasture (including turf farms).”

A change of use from that outlined above will require the approval of the City.

c)      This planning approval shall expire:

a.       Within 3 years of the date:

i.        The land immediately adjacent to the 500-metre mushroom farm buffer is gazetted ‘Urban’ under the Metropolitan Region Scheme (MRS); or

ii.       The land is gazetted ‘Urban’ under the MRS, whichever occurs first in time; or

b.       Within 7 years of the date of this planning approval,   whichever is the later;

d)      No compost manufacturing or soil blending shall occur on-site.

e)      Compost shall be delivered to the site in sealed containers only and stored in an enclosed temperature controlled environment until such time it is removed from site for disposal.

f)       Spent or surplus compost shall be removed from site within 48 hours.

g)      Stormwater and any other water run-off from buildings or paved areas shall be collected and retained on the site.

h)      A minimum of 25 car parking bays shall be provided on site. 

i)        The hours of operation shall be:

i)       Monday to Friday – 7am to 7pm;

ii)       Saturday – 7am to 3pm;

iii)      Sunday and Public Holidays – 8am to 3pm;

Any changes to the above hours of operation will require further approval from Council; and

2.       ENDORSES Administration’s responses to the submissions as provided in Attachment 3; and

3.       ADVISES the submitters of its decision.

LAPSED FOR WANT OF A MOVER

Alternative Motion

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2 REFUSES the development application for Intensive Agriculture (Mushroom Farm) at Lot 1 (163) Belgrade Road, Wanneroo, as shown in Attachment 2 for the following reasons:

a)         The proposal for Intensive Agriculture is considered to have an adverse impact on the amenity of nearby residents in terms of increased nuisance; and

b)        The proposal seeks to re-introduce an activity that is inconsistent with the long term future urbanisation of the subject land and the surrounding area, as envisaged in the Western Australian Planning Commission’s East Wanneroo Structure Plan document.

2.       ADVISES submitters of its decision.

CARRIED UNANIMOUSLY

Reason for Alternative Motion

If approved it will have adverse impact on surrounding residents, with noise, dust and traffic movements. It is not consistent with the future plans for the area detailed in the WAPC East Wanneroo Structure Plan document. It is inconsistent with the long term planning for the area and would create an undesirable precedent.

File Ref:                                              3377-25 – 15/571796

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Guise, Seconded Cr Driver

That Council:-

1.    Pursuant to subclause 20(2)(e) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, RECOMMENDS to the Western Australian Planning Commission that Amendment No. 25 to the East Wanneroo Cell 1 (Tapping and Ashby) Agreed Structure Plan No. 3 submitted by Rowe Group on behalf of Freshlink Export Pty Ltd included as Attachment 2 be approved subject to the modifications as included in Attachment 3 and SUBMITS a copy of the proposed structure plan and all accompanying material as received from the applicant;

2.    Pursuant to subclause 20(1) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, PROVIDES the Western Australian Planning Commission a copy of the report on the proposed structure plan amendment; and

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

carried

10/5

For the motion:           Mayor Roberts, Cr Cvitan, Cr Driver, Cr Guise, Cr Hayden, Cr Nguyen, Cr Parker, Cr Treby, Cr Winton and Cr Zappa

Against the motion:   Cr Aitken, Cr Fenn, Cr Newton, Cr Sangalli, Cr Simpkins

File Ref:                                              3377-24 – 15/593457

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Treby, Seconded Cr Driver

That Council:

1.       Pursuant to subclause 20(2)(e) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, RECOMMENDS to the Western Australian Planning Commission that Amendment No. 23 to the East Wanneroo Cell 1 (Tapping and Ashby) Agreed Structure Plan No. 3 submitted by Rowe Group on behalf of Freshlink Export Pty Ltd included as Attachment 2 be approved subject to the modifications as included in Attachment 5 and SUBMITS a copy of the proposed structure plan and all accompanying material as received from the applicant;

2.       Pursuant to subclause 20(1) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, PROVIDES the Western Australian Planning Commission a copy of the report on the proposed structure plan amendment; and

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

Amendment

Moved Cr Guise, Seconded Cr Cvitan

That the recommendation 1 be amended to delete the wording “and SUBMITS a copy of the proposed structure plan and all accompanying material as received from the applicant.” and replace wording with “…and subject to the following additional modifications:

·                Modifying the first line of the last paragraph of Attachment 5 to read as follows: The maximum overall development height permitted within the LDP area is 9.0m; and

·                The last point of the text modification being deleted;

and SUBMITS a copy of the proposed structure plan and all accompanying material as

received from the applicant;”

1.       Pursuant to subclause 20(2)(e) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, RECOMMENDS to the Western Australian Planning Commission that Amendment No. 23 to the East Wanneroo Cell 1 (Tapping and Ashby) Agreed Structure Plan No. 3 submitted by Rowe Group on behalf of Freshlink Export Pty Ltd included as Attachment 2 be approved subject to the modifications as included in Attachment 5 and SUBMITS a copy of the proposed structure plan and all accompanying material as received from the applicant;

Substantive Motion as Amended

That Council:

1.         Pursuant to subclause 20(2)(e) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, RECOMMENDS to the Western Australian Planning Commission that Amendment No. 23 to the East Wanneroo Cell 1 (Tapping and Ashby) Agreed Structure Plan No. 3 submitted by Rowe Group on behalf of Freshlink Export Pty Ltd included as Attachment 2 be approved subject to the modifications as included in Attachment 5 and subject to the following additional modifications:

·                Modifying the first line of the last paragraph of Attachment 5 to read as follows: The maximum overall development height permitted within the LDP area is 9.0m; and

·                The last point of the text modification being deleted;

and SUBMITS a copy of the proposed structure plan and all accompanying   material as received from the applicant;

2.         Pursuant to subclause 20(1) of the deemed provisions of City of Wanneroo District Planning Scheme No. 2, PROVIDES the Western Australian Planning Commission a copy of the report on the proposed structure plan amendment; and

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

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                              3392-05 – 16/19689

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

This item was withdrawn.

File Ref:                                              DA2015/1794 – 16/30444

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Recommendation

That Council REFUSES the development application for the Home Business – Category 3 at Lot 910 (28) Huntington Parkway, Landsdale, pursuant to Clause 68(2)(b) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2 for the following reasons:

1.       The proposed Home Business – Category 3 exceeds the maximum floor area stated in Clause 1.9 of District Planning Scheme No. 2. 

2.       The intensity of the traffic generation of the proposed home business is considered to be above that normally associated with a home business and may negatively affect the amenity of the neighbourhood.

Procedural Motion

Moved Cr Zappa, Seconded Cr Simpkins

That the Motion be deferred so the applicant can consult further with Administration.

CARRIED UNANIMOUSLY

File Ref:                                              3120V03 – 15/594988

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Zappa, Seconded Cr Fenn

That Council:-

1.       NOTES that the traffic volumes and vehicle speeds in Sandison Way and adjoining streets are below the road capacities as stipulated in Liveable Neighbourhoods and the built up area speed limits and DOES NOT consider any further works in these streets other than those proposed in item two below;

2.       NOTES that subject to a successful outcome of the feasibility for the installation of separation kerb along the centre of Sandison Way in the immediate vicinity of Raeburn Crescent, to enforce lane compliance through the bend, works will be undertaken during June 2016; and

3.       ADVISES the petition organiser of Council’s decision.

Carried Unanimously

File Ref:                                              7891 – 16/17509

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Zappa, Seconded Cr Fenn

That Council:-

1.       NOTES the results of the community consultation and ENDORSES Option C for design and construction as shown on the concept plan Drawing No. 3128-9-1 (Attachment 4) for the purposes of preparing detailed design as follows:

a)      Left-in only connection of Marathon Loop at its western end with Gnangara Road

b)      Construction of a temporary access road from Buffalo Avenue north to Gavranich Way.

2.       APPROVES, by ABSOLUTE MAJORITY, an unbudgeted expenditure of $20,000, subject to Section 6.8(1)(b) of the Local Government Act 1995 and in accordance  with the City’s Accounting Policy Section 3(8)(a) and APPROVES the following budget amendment:

3.       LISTS $180,000 funding for  consideration in the Long Term Capital Works Budget as part of the 2016/2017 budget process for the construction of the access road from Buffalo Avenue to Gavranich Way and left-in access to marathon Loop (west) off Gnangara road; and

4.         ADVISES the survey respondents of Council’s decision.

Carried BY ABSOLUTE MAJORITY

15/0

File Ref:                                              20203 – 16/53070

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Fenn

That Council:-

1.       NOTES that State Planning Policy 5.4 (SSP 5.4) addresses transport noise from within major transport corridors as defined by the Metropolitan Regional Functional Road Hierarchy and does not apply to roadworks on Local Roads carried out by local government, because those works are carried out as 'public works' and are exempt from the need to obtain planning approvals or comply with planning schemes. As such, SPP 5.4 has no statutory jurisdiction or application over roadworks carried out by local governments, including in the case of Lenore Road. 

2.       DOES NOT SUPPORT the construction of permanent fencing along the boundary of Moscow Retreat and Toledo Drive adjacent to Lenore Road at an estimated cost of between $51,000 and $84,000 (Options 2 and 3);

3.       DOES NOT SUPPORT the construction of a solid noise attenuation wall along the boundary of Moscow Retreat and Toledo Drive adjacent to Lenore Road at an estimated cost of between $397,500 and $940,000 (Options 4 and 5);

4.       ENDORSES the current landscaping budget of $80,000 for Lenore Road between East Road and High Road within the 2015/2016 Capital Works Program;

5.       SUPPORTS the construction of rural type fencing (Option 1) and enhanced landscaping along the boundary of Moscow Retreat and Toledo Drive adjacent to Lenore Road at an estimated cost of $52,000;

6.       APPROVES BY ABSOLUTE MAJORITY the over expenditure of $52,000 subject to Section 6.8(1)(b) of the Local Government Act 1995 and in accordance with the City’s Accounting Policy Section 3(g)(c) and APPROVES the following budget amendment:

          and

7.       ADVISES property owner/occupiers of properties in Moscow Retreat and Toledo Drive, Hocking of Council's decision.

Carried BY ABSOLUTE MAJORITY

15/0

File Ref:                                              1436 – 16/5317

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Winton, Seconded Cr Guise

That Council APPROVES the commissioning of artist Tony Pankiw for the public artwork (bicycle rack) for the Pearsall Hocking Community Centre.

Carried Unanimously

File Ref:                                              19967 – 16/9406

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       6  

Previous Items:                                   MN02-11/14 - Trial for free use of Tennis Courts - Ordinary Council - 11 Nov 2014 7:00pm

                                                            CD04-12/14 - Trial for Free Use of Tennis Courts - Ordinary Council - 09 Dec 2014 7:00pm

                                                            CD06-04/15 - Tennis Court Free Use Trial - Ordinary Council - 28 Apr 2015 7.00pm      

Moved Cr Winton, Seconded Cr Zappa

That Council:-

1.       APPROVES the adoption of a Tennis Court Free Use Model for all City of Wanneroo tennis courts, with the exception of the tennis court facilities at Gumblossom Park in Quinns Rocks, Elliot Road in Wanneroo and Montrose Park in Girrawheen;

2.       APPROVES by ABSOLUTE MAJORITY the ongoing waiver of fees and charges as per the adopted 2015/16 Schedule of Fees and Charges for the use of the City's tennis courts, with the exception of club courts located at Gumblossom Park in Quinns Rocks, Elliot Road in Wanneroo and Montrose Park in Girrawheen; and

3.       NOTES that the free use of tennis courts be reflected in the 2016/17 Schedule of Fees and Charges for those non-club based courts, whilst still retaining current fees and charges associated with club based courts.

Carried BY ABSOLUTE MAJORITY

15/0

File Ref:                                              22722 – 16/23829

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       4  

Previous Items:                                   CD02-11/15 - Passive Park Upgrade - Salitage Park Concept Plan - Ordinary Council - 10 Nov 2015 7.00pm      

Moved Cr Fenn, Seconded Cr Cvitan

That Council:-

1.       ENDORSES the Salitage Park concept plan as shown in Attachment 3 of this report inclusive of the development of the northern section of Salitage Park;

2.       LISTS the sum of $90,000 for consideration in the long term draft Capital Works Budget for the completion of the additional northern section of Salitage Park, as shown in Attachment 3;

3.       NOTES that based on the current schedule, construction of the proposed development is due to commence in June 2016 and will be concluded in October  2016 (inclusive of the northern section of Salitage Park subject to budget outcome); and

4.       RECOGNISES and THANKS the community for its involvement in the community consultation component of the project.

Carried Unanimously

File Ref:                                              6443 – 16/32901

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       4  

Previous Items:                                   CD02-08/14 - Yanchep Active Open Space - Sports Amenities Building Extension - Ordinary Council - 19 Aug 2014 7:00pm      

Moved Cr Aitken, Seconded Cr Winton

That Council:-

1.   SUPPORTS IN PRINCIPLE for inclusion in the draft revised cost apportionment schedule for the Yanchep Two Rocks Development Contribution Plan, the increase from 100m² to 150m² of the multi-purpose room within the Yanchep District Level Active Open Space Sports Amenities Building due to:

·      District function of the active open space

·      Multi-purpose function of the building for both sport and the community

·      Status of Yanchep as a fast growing primary activity centre;

2.   NOTES the DCP review process will consider changes in scope to the Sports Amenities Building at YAOS, including both the increase in total building size and increase in multipurpose space; and

3.   THANKS the following Clubs:

·      Yanchep Little Athletics Club

·      Yanchep Junior Football Club

·      Yanchep Redhawks Cricket Club

·      Yanchep Redhawks Football Club

for their input during the consultation phase.

Carried Unanimously

File Ref:                                              20774 – 16/61929

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Driver, Seconded Cr Guise

That Council:-

1.       RECEIVES the update on the project expenditures for Project Number PR-2477 Coastal Risk Assessments; and

2.       NOTES that $300,000 is estimated to be surplus to the requirements and will remain unexpended in Project Number PR-2477 Coastal Risk Assessments.

Amendment

Moved Cr Winton, Seconded Cr Aitken

To add new recommendation points 3 and 4.

3.       That Administration continues its investigation of the various service arrangements between Surf Clubs and other local governments and reports the findings back to the May Council meeting for consideration of financial support to the Quinns Mindarie Surf Life Saving Club and Yanchep Surf Life Saving Club in recognition of their contributions in delivering the recommendations of the Coastal Safety Risk Audit Reports commissioned by Council and prepared by Surf Life Saving Western Australia (SLSWA) in 2013.), including their various coastal aquatic safety education and awareness programs; and

4.       That Administration reports back to Council by December 2016 on the development of a Local Beach Policy in conjunction with Surf Life Saving WA.

Substantive Motion as Amended

That Council:-

1.       RECEIVES the update on the project expenditures for Project Number PR-2477 Coastal Risk Assessments;

2.       NOTES that $300,000 is estimated to be surplus to the requirements and will remain unexpended in Project Number PR-2477 Coastal Risk Assessments;

3.       That Administration continues its investigation of the various service arrangements between Surf Clubs and other local governments and reports the findings back to the May Council meeting for consideration of financial support to the Quinns Mindarie Surf Life Saving Club and Yanchep Surf Life Saving Club in recognition of their contributions in delivering the recommendations of the Coastal Safety Risk Audit Reports commissioned by Council and prepared by Surf Life Saving Western Australia (SLSWA) in 2013.), including their various coastal aquatic safety education and awareness programs; and

4.       That Administration reports back to Council by December 2015 on the development of a Local Beach Policy in conjunction with Surf Life Saving WA.

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                              1569 – 15/576463

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Simpkins

That Council:-

1.       AUTHORISES the Chief Executive Officer to prepare a Deed of Agreement, with the term of five years back dated to 1 September 2015, between the City and Wanneroo District Cricket Club including the following:

a)      contributing to the Wanneroo Districts Cricket Club $82,000 per annum paid in two instalments of $41,000+gst each in September and February respectively and is subject to a CPI adjustment annually;

b)      supplying and maintaining the following equipment, for the use of the Wanneroo Districts Cricket Club:

·               Hamm Roller (Asset No 241832)

c)      Additional mow of outfield playing area prior to match play, as an addition over the standard currently provided.

2.       AUTHORISES the Chief Executive Officer to pay the balance of monies owing to the Wanneroo Districts Cricket Club of $18,300, being the difference between the current annual payment of $63,711 (based on the expired MOU) and the new proposed annual payment of $82,000.

Amendment

With the consent of the mover and seconder, the Chief Executive Officer amended Recommendation 1 to add the words “…..and execute….”

1.   AUTHORISES the Chief Executive Officer to prepare and execute a Deed of Agreement, with the term of five years back dated to 1 September 2015, between the City and Wanneroo District Cricket Club including the following:

Substantive Motion as Amended

That Council:-

1.       AUTHORISES the Chief Executive Officer to prepare and execute a Deed of Agreement, with the term of five years back dated to 1 September 2015, between the City and Wanneroo District Cricket Club including the following:

a)      contributing to the Wanneroo Districts Cricket Club $82,000 per annum paid in two instalments of $41,000+gst each in September and February respectively and is subject to a CPI adjustment annually;

b)      supplying and maintaining the following equipment, for the use of the Wanneroo Districts Cricket Club:

·               Hamm Roller (Asset No 241832)

c)      Additional mow of outfield playing area prior to match play, as an addition over the standard currently provided.

2.       AUTHORISES the Chief Executive Officer to pay the balance of monies owing to the Wanneroo Districts Cricket Club of $18,300, being the difference between the current annual payment of $63,711 (based on the expired MOU) and the new proposed annual payment of $82,000.

The substantive motion was put as amended and

carried

13/2

For the motion:           Cr Aitken, Cr Cvitan, Cr Driver, Cr Fenn, Cr Guise, Cr Hayden,
Cr Newton, Cr Parker, Mayor Roberts, Cr Simpkins, Cr Treby, Cr Winton and Cr Zappa

Against the motion:   Cr Nguyen and Cr Sangalli

File Ref:                                              20794 – 16/52577

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Zappa, Seconded Cr Treby

That Council RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 31 December 2015, consisting of:

1.       2015/16 Annual Adopted and Revised Budget;

2.       December 2015 YTD Revised Budget;

3.       December 2015 YTD Income and Expenditure;

4.       December 2015 YTD Material Variance Notes; and

5.       December 2015 YTD Net Current Assets.

Carried Unanimously

File Ref:                                              12606 – 16/52485

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Zappa, Seconded Cr Treby

That Council RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 31 January 2016, consisting of:

1.       2015/16 Annual Adopted and Revised Budget;

2.       January 2016 YTD Revised Budget;

3.       January 2016 YTD Income and Expenditure;

4.       January 2016 YTD Material Variance Notes; and

5.       January 2016 YTD Net Current Assets.

Carried Unanimously

File Ref:                                              23374 – 16/62327

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Zappa, Seconded Cr Treby

That Council on the recommendation of the Audit and Risk Committee ENDORSES the Mid-Year Review of the Annual Budget for the 2015/16 financial year as outlined in the attachments to the report, in accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996, inclusive of;

a)      Increase in Transfer to Reserves of $4,278,431, and

b)      Of the transfer to reserves, $800,000 to be specifically allocated to the Asset Replacement Reserve for the replacement of the HR Information System during the 2016/17 financial year.      

Carried Unanimously

File Ref:                                              19097 – 16/51744

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Hayden

That Council RECEIVES the Mid-Year Corporate Business Plan (CBP) Progress Report for 2015/16.

Carried UNANIMOUSLY

File Ref:                                              24758 – 16/58183

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Hayden

That Council on the recommendation of the Audit and Risk Committee ADOPTS the Strategic Internal Audit Plan for the three years 2015/16 – 2017/18 as detailed in Attachment 1.

Carried Unanimously

File Ref:                                              2159 – 16/11863

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Aitken

That Council:-

1.       REPEALS the existing Payment to Employees in Addition to Contract or Award (Retirement Gratuity) Council Policy; and

2.       ADOPTS the new Payments to Employees in Addition to Contract or Award Council Policy.

Carried Unanimously

File Ref:                                              1859 – 16/27183

Responsible Officer:                           Manager Transactional Finance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Guise, Seconded Cr Cvitan

That Council RECEIVES the list of payments drawn for the month of January 2016, as summarised below:-