PS01-09/16  Change of Use to Child Care Centre at 16 Bamboore Crescent, Wanneroo

Is there an identified need for additional child care centres near Bamboore Crescent, Wanneroo?  If that is the case, what are other preferred or better locations than the proposed address?

Response by A/Director, Planning and Sustainability

The demand for a child care centre is not a valid planning consideration that would be taken into account.  It is acknowledged that there is a large number of young families in the immediate area and a demand has been identified by the applicant.

Staircase to beach at Sovereign Drive, Two Rocks

In 2003 when Tengarra Rd access was closed, a petition was organised and 200 residents agreed that two beach access points were required.  Council’s only response then was to thank me for the petition and give due consideration to the comments and concerns at the next available Council meeting.  Nothing happened.  Residents living close to the beach need to drive to the stairs and park in the 8 bays provided.  Is Council aware that with this access gone, more residents will have to drive, park and walk through the isolated bush track with children, prams, beach gear, crutches, gophers etc to get to the present safe swimming beach a further kilometre away?  This is not a solution. Proper access is needed.  Will Council provide urgent attention to these concerns? 

Response by Director, Assets

A community information session will be held at the Phil Renkin Centre on 21 September 2016 and the details of a report completed by the coastal engineers will be presented.  This report assessed the damage caused by coastal erosion to the current stairway.  Subsequent to the community information session, a report will be presented to Council at the October meeting.

Staircase to beach at Sovereign Drive, Two Rocks

Is Council aware that if the present stair to the beach is removed, I will not be able to take my five grandchildren to the beach as the track will be too far for them to go and it leads to a bad swimming area?  In front of the steps, there is a lagoon where children can play safely.  The isolated track would be very unsuitable for young women and children to walk on.  Immediate access to the beach is required and I ask Council to heed the residents comments.

Response by Director, Assets

Administration are aware of the concerns outlined this evening and as part of next week’s community information session, all this information will be collected and reviewed and will form part of the recommendation to Council in October’s report.

Staircase to beach at Sovereign Drive, Two Rocks

1.       Given that around 700 people have signed a petition, is Council aware how valuable staircase access to the swimming beach is to the people of Two Rocks?

2.       Is Council aware that if the staircase is removed it would have an adverse effect on the local economy and tourism by not having access to our only swimming beach?

3.       Is Council aware this matter needs to be resolved immediately following the community consultation meeting on 21 September in order for suitable beach access to be available in time for summer, not just for local residents but for the many tourists who visit Two Rocks in the warmer months?

Response by Mayor Roberts

The answer to all those questions is yes.  The Elected Members do understand the impact of the loss of the staircase and hence the reason for the public meeting next week.

Staircase to beach at Sovereign Drive, Two Rocks

1.       Safety and security on the proposed short term access track -  is Council aware that last summer a woman was killed by a snakebite on a beach access track, it wasn’t in Two Rocks, but it is a known snake habitat?  The risk can be lessened by making the track extra wide but concerned this will mean that the 4WD vehicles will gain access to the area.

2.       Decades ago people stopped getting to beach by sand tracks as the dunes were being eroded, why would we choose to go backwards to that type of scenario? Has the City engaged the services of an environmentalist to assess the impact of the environment with such a track?

Response by Director, Assets

1.       The City is aware of most of these comments but not aware of the snake incident. 

2.       As far as beach accessway is concerned, it has been damaged by coastal erosion at that location which has been occurring for a number of years.  The stairway has almost reached the end of design life so the City is seeking feedback from the community information session and the information which has been provided tonight and will consider all comments before making a recommendation to Council.   An environmental consultant has not been specifically engaged but some comments have been made in the report prepared by MP Rogers & Associates regarding the structural safety of the stairway.

Further Response by Director Assets

The report prepared by MP Rogers and Associates notes that significant earthworks and vegetation clearing will be required if a new accessway is constructed at this location as the new accessway would need to be at least 35m landward from the current shoreline.

PS01-09/16  Change of Use to Child Care Centre at 16 Bamboore Crescent, Wanneroo

1.       As this is a crescent with a dangerous bend on each side and the majority of residents in the street are elderly and some children have intellectual disabilities on this street, will you install speed humps on each side of the crescent before the bend in order to slow down the cars that are dropping and picking children up to ensure the residents’ safety?

2.       Will a footpath be installed all around the crescent due to the safety?

Response by Mayor Roberts

The recommendation on page 11 of the Council Agenda is to refuse the development application.

Response by A/Director, Planning and Sustainability

The applicant has not indicated with their submission whether they would include any speed humps or footpaths associated with the application but reiterate that the recommendation before Council tonight is to refuse the application as submitted.

Staircase to beach at Sovereign Drive, Two Rocks

Our home is built on Sovereign Drive due to the position and location to the beach and the staircase gives safe access to the lagoon.  Over the last few years the beach has changed, sometimes the stairs are covered with sand and other times we have to jump off the stairs to reach the sand.  Why has Council built the staircase but not maintained it?   There has been no boulders put there or cages of rock, it has been ignored and now we have to walk 1000m to access the beach.

Response by Director, Assets

The staircase was designed with a 15 year design life, built around 2003.  The issue is coastal erosion which has been occurring for a number of years.  Two coastal management studies have been conducted and the recommendation was to build some submerged groynes.  The report also identified that the construction of those groynes as a coastal protection measure is the responsibility of the State Government.  The State Government has not made a commitment to when these will be built and the staircase has come to the end of its design life.

Staircase to beach at Sovereign Drive, Two Rocks

Will Council explain the cost of the proposed demolition of the existing structure and the cost of constructing the new temporary track so we can compare the cost with repairing the existing staircase?  This will only be a temporary solution as eventually the real solution would be to put a new one there and we have submitted some suggestions to the Council, such as a ‘rotunda’ which is not affected by ocean waves because the structure is under the ground and supported by the rock.  As a grandfather of five grandchildren, they would never use the track up the road due to snakes and as mobile phone reception is non-existent they could not ask for help if needed.  Although it is a State Government issue, if the dunes aren’t protected soon there won’t be any left. 

Response by Director, Assets

Question taken on notice.

Further Response by Director, Assets

The cost to remove the existing damaged stairway is estimated at $33,000 and the cost to prepare the alternative beach accessway track further north is estimated at $5,000.

Moved Cr Guise, Seconded Cr Treby

That the minutes of the Ordinary Council Meeting held on 16 August 2016 be confirmed.

Carried Unanimously

The City of Wanneroo received the Parks and Leisure Australia (WA) Award for ‘Inclusive and Connected Communities’ in June at the State PLA Conference.  This award recognises outstanding programs, projects, practices or events which create and strengthen inclusive and connected communities through leisure opportunities and activities. The Your Move Wanneroo program created a more active and connected community by increasing active modes of transport and physical activity in more than 10,500 households in the City.

The City in receiving this award also acknowledged the strength of partnerships with the Departments of Sport and Recreation, and Transport together with supporting agencies such as RAC, HBF, Heart Foundation, Diabetes WA and North Metro Health.

The City’s Your Move program now advances as the state representative for Inclusive and Connected Communities to the National Parks and Leisure Conference Awards in October.

The City of Wanneroo received a Certificate as an Official Supporter of Telethon.  The Eden Beach Telethon home is based in the City of Wanneroo and last year it was at the Catalina Estate, so the City has been fortunate to house the Telethon home, all proceeds of which go to supporting Telethon in its work within the community.

Mayor Roberts acknowledged this would be the last Council meeting for the Director of Community & Place, Fiona Hodges as she would be soon commencing employment with the City of Fremantle.  The Mayor sent the best regards of all at the City of Wanneroo and thanked her for her impact on the community development program and wished her every success in her new position.

1.       Could Administration explain why this matter is now being considered under Confidential cover, given that it was previously listed under the public Agenda last month?

2.       Was it possible to present the report in a way that would have allowed the body of the report relating to the outcome of the expression of interest process to be dealt with in public?

Response by Manager Governance and Legal

1.       The matter is being presented in the closed Confidential session of the Council meeting to view the confidential advice provided by the engaged probity advisor which is attached to and referred to in the report.  As this is a preliminary issue that Council must consider, it is appropriate for Council to be provided the opportunity to discuss behind closed doors.  In determining whether a report is to be confidential, consideration is given to the report as a whole and not to components of the report in line with the intention of the Local Government Act.  The previous report that was included in the Briefing Session Agenda was subsequently pulled and was intended to be presented to Council as a public report as it did not include the probity adviser’s advice as at that stage the probity adviser had not been engaged.  The reason the report was pulled from the Agenda was to review the EOI process and seek the probity advice.

2.       Again, in determining that the report is to be confidential, consideration must be given to the report as a whole and not to components of the report, and on that basis Administration did not consider segregating the report or presenting two separate reports to Council.  Council may determine to debate the report in open session providing that Council were satisfied that debate could occur without discussion of the probity advice.  Further, as Councillors are aware of an alternative motion, Council may also determine to debate the alternative motion in an open session.          In accordance with section 5.94(p) of the Local Government Act, Council can resolve to deem that except for the probity advice, the section that discuss the probity advice, the report is no longer confidential and release the report for public inspection.  Wording for such an amendment or additional resolution would be along the lines as follows – “That Council deems that except for the probity advice (and any section of the report that discusses the probity advice) there is no requirement for this report to remain confidential and authorises the release and disclosure of this report in accordance with section 5.94(p) of the Local Government Act 1995.”

Cr Zappa presented a petition of 45 signatories requesting provision of a footpath along Rayner Driver, Landsdale to connect residents to pathways and public transport along The Broadview, Landsdale.

This petition be forwarded to the Assets Directorate for action.

Cr Cvitan presented a petition of 49 signatories requesting the employment of a Town Planner or Consultant to encourage residential development and to allow rural uses and development to be approved by Council for the area identified as East Wanneroo and to improve the onus for District and Local Planning, MRS Amendment applications and identification of such matters as MRS reservations, priority local natural areas, wetlands, spatial staging plans etc. from proponents and ratepayers – as is currently required by Local Planning Policy 5.3 (now defunct). 

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

Cr Winton presented a petition of 124 signatories for the City of Wanneroo to undertake consultation and investigate with the community to establish a Men’s Shed in the Yanchep/Two Rocks area, including consideration of transportable building(s) at Yanchep Sports Club site.

Update

An interim report has been compiled in response to the petition and will be presented to the Ordinary Council Meeting 13 September 2016 for deliberation.

Cr Parker presented a petition of 672 signatories requesting the City of Wanneroo to delay/postpone the removal of the stairs and infrastructure at the beach at Sovereign Drive until further consultation with residents and other options are investigated.

Update

A report will be presented to the 11 October 2016 Council meeting.

The Manager Governance and Legal presented a petition of 475 signatories requesting for Council’s consideration to approve the Change of Use to a Restricted Premises (Lovers Adult Store) at Unit 3, 1868 Marmion Avenue, Clarkson.

Update

The application for the adult store was reconsidered by the Council at its meeting held on 16 August 2016 and was granted planning approval.

The Manager Governance and Legal presented a petition of 1,171 signatories requesting Council’s (and/or DAPs) favourable consideration in support of the Lakelands Country Club Inc. of Clubhouse Lane Gnangara, in its proposal to develop a portion of its land for use as a Retirement Village.

Update

Resolved at Council Meeting 16 August 2016:

Moved Cr Treby, Seconded Cr Guise

That Council:

1.         Notes the petition that has been presented regarding the development application for the Lakelands Country Club;

2.         ADVISES that the development application for the Lakelands Country Club is a matter which is currently subject to proceedings by the State Administrative Tribunal for review of a decision of the Metro North-West Joint Development Assessment Panel;

3.         Refers the petition to the Metro North-West Joint Development Assessment Panel for its consideration when it reconsiders the matter as invited to do so pursuant to section 31 (1) of the State Administrative Tribunal Act 2004 (WA).

CARRIED UNANIMOUSLY

File Ref:                                              DA2015/1883 – 16/131968

Responsible Officer:                           A/Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Newton, Seconded Cr Guise

That Council:-

1.       Pursuant to Clause 68(2)(c) of the Deemed Provisions of the District Planning Scheme No. 2 REFUSES the development application for a Change of Use to a Child Care Centre at Lot 57 (16) Bamboore Crescent, Wanneroo, as shown in Attachment 2, for the following reasons:

a)      The application does not provide a 3m landscaping area adjacent to the street alignment as required by Clauses 4.7.4 and 4.17.2 of District Planning Scheme No. 2 (DPS 2) and Clause 4.1 of the City’s Child Care Centres Local Planning Policy 2.3 (LPP 2.3);

b)      The application does not provide verge landscaping as required by Clause 4.17.1 of DPS 2 and Clause 4.2 of LPP 2.3;

c)      The car bays do not meet the minimum dimensions of the City’s standard TS18-1-0, in accordance with Clause 67(s)(ii) of the Deemed Provisions of DPS 2;

d)      The application does not comply with the road hierarchy requirements of Clause 1.1 of LPP 2.3 as it is located on an Access Road, and not a Local Distributor road;

e)      The application does not comply with the site area requirements of Provision 3.4 of the Western Australian Planning Commission’s Planning Bulletin 72/2009 as the site area is 827m² in lieu of 1,000m², and does not provide for landscaping to be located on the site;

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

3.       ADVISES the submitters of its decision.

Carried Unanimously

File Ref:                                              DA2015/2169 – 16/220779

Responsible Officer:                           A/Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       8         

Moved Cr Guise, Seconded Cr Treby

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of the District Planning Scheme No. 2 APPROVES the development application for a Child Care Centre, Medical Centre, Offices and Shop at Lot 1182 (2) Marchwood Boulevard, Butler as shown in Attachment 2, subject to the following conditions to the satisfaction of the Manager, Approval Services:

a)      This approval relates only to the proposed Child Care Centre, Medical Centre, Offices and Shop as indicated on Attachment 2. It does not relate to any other development on the site;

b)      The use of the development subject to this approval shall only be for the purpose of Child Care Centre, Medical Centre, Offices and Shop, as depicted on the approved plans in accordance with the definitions within the City of Wanneroo’s District Planning Scheme No. 2. A change of use from that outlined above will require the approval of the City;

c)      A maximum of 67 children and 10 staff are permitted within the Child Care Centre premises at any one time;

d)      A maximum of four (4) health consultants are permitted to be practicing within the Medical Centre at any one time;

e)      The hours of operation of the Child Care Centre are to be between the hours of 6:00am and 6:00pm on weekdays. No operations are permitted on weekends or public holidays;

f)       The parking areas, driveways and points of ingress and egress shall be designed and constructed in accordance with the Australian Standard for Offstreet Carparking (AS2890) as amended and the City of Wanneroo Technical Standards, and shall be drained, sealed and marked;

g)      The parking areas and associated access indicated on the approved plans shall not be used for the purpose of storage of obstructed in any way at any time without prior approval of the City;

h)      An on-site stormwater drainage system, sufficient to contain a 1:100 year storm even (over 24 hours) must be provided. Plans illustrating the system proposed shall be submitted for approval when application is made prior to commencement of development and the system shall be installed during the construction of the development;

i)        Detailed landscaping and reticulation plans, for the subject site shall be lodged for approval by the City prior to the commencement of development. Planting and installation shall be in accordance with the approved landscaping and reticulation plans and completed prior to the occupation of the development and thereafter maintained the satisfaction of the City;

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

k)      All refuse shall be stored within the designated bin store and shall be collected from the site by a private contractor at the cost of the applicant/owner;

l)        The applicant/landowner shall ensure compliance with the Environmental Protection (Noise) Regulations 1987 as outlined within the Environmental Noise Assessment dated 10 February 2016 prepared by Lloyd George Acoustics;

m)     A 1.3m high noise barrier shall be constructed along Aberdar Lane and Marchwood Boulevard, as indicated on the approved plan in Attachment 2 (Drawing No. 15116/05 Revision C), in accordance with the Environmental Noise Report dated 10 February 2016 completed by Lloyd George Acoustics, to the satisfaction of the City;

n)      Bicycle parking and end of trip facilities shall be provided for the Child Care Centre, Medical Centre, Offices and Shop, in accordance with requirements of Austroads’ Guide to Engineering Practice Part 14: Bicycles, to the satisfaction of the City;

o)      The proponent/landowner shall take appropriate steps to remove any graffiti applied to the external surfaces of the building within 7 days of it being applied, to the satisfaction of the City;

p)      A construction management plan shall be submitted for approval prior to commencement of development. This plan is to detail how construction will be managed to minimise disruption in the area and shall include:

i)       The delivery of and delivery times for materials and equipment to the site;

ii)       Storage of materials, rubbish and the location and type of equipment on site;

iii)      Parking arrangements for contractors and sub-contractors;

iv)     The impact on traffic movement (including potential road closures);

v)      Construction times;

vi)     Measures to minimise noise impacts on surrounding residents; and

vii)     Any other matter required by the City.

q)      The granting of an easement in gross, favour of the public at large prior to the development first being occupied over the area generally identified as carparking and vehicular accessways on the approved plan, included in Attachment 2. All costs associated with the preparation of the easement shall be met by the landowner;

2.       ENDORSES Administration’s responses to the submissions as provided in Attachment 4; and

3.       ADVISES the submitters of its decision.

Cr Sangalli left Chambers at 7:45pm.

Motion to Amend

Moved Cr Fenn, Seconded Cr Aitken

To add a new condition r) as follows:

“r)     The applicant/landowner shall install non-climbable fencing to a minimum height of 1.8m along the entirety of the Child Care Centre Outdoor Play Area, to the satisfaction of the City.”

The motion to amend was put and

carried

12/1

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

Against the motion:   Cr Winton

Cr Sangalli returned to Chambers at 7:49pm.

Substantive Motion as Amended

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of the District Planning Scheme No. 2 APPROVES the development application for a Child Care Centre, Medical Centre, Offices and Shop at Lot 1182 (2) Marchwood Boulevard, Butler as shown in Attachment 2, subject to the following conditions to the satisfaction of the Manager, Approval Services:

a)      This approval relates only to the proposed Child Care Centre, Medical Centre, Offices and Shop as indicated on Attachment 2. It does not relate to any other development on the site;

b)      The use of the development subject to this approval shall only be for the purpose of Child Care Centre, Medical Centre, Offices and Shop, as depicted on the approved plans in accordance with the definitions within the City of Wanneroo’s District Planning Scheme No. 2. A change of use from that outlined above will require the approval of the City;

c)      A maximum of 67 children and 10 staff are permitted within the Child Care Centre premises at any one time;

d)      A maximum of four (4) health consultants are permitted to be practicing within the Medical Centre at any one time;

e)      The hours of operation of the Child Care Centre are to be between the hours of 6:00am and 6:00pm on weekdays. No operations are permitted on weekends or public holidays;

f)       The parking areas, driveways and points of ingress and egress shall be designed and constructed in accordance with the Australian Standard for Offstreet Carparking (AS2890) as amended and the City of Wanneroo Technical Standards, and shall be drained, sealed and marked;

g)      The parking areas and associated access indicated on the approved plans shall not be used for the purpose of storage of obstructed in any way at any time without prior approval of the City;

h)      An on-site stormwater drainage system, sufficient to contain a 1:100 year storm even (over 24 hours) must be provided. Plans illustrating the system proposed shall be submitted for approval when application is made prior to commencement of development and the system shall be installed during the construction of the development;

i)       Detailed landscaping and reticulation plans, for the subject site shall be lodged for approval by the City prior to the commencement of development. Planting and installation shall be in accordance with the approved landscaping and reticulation plans and completed prior to the occupation of the development and thereafter maintained the satisfaction of the City;

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

k)      All refuse shall be stored within the designated bin store and shall be collected from the site by a private contractor at the cost of the applicant/owner;

l)       The applicant/landowner shall ensure compliance with the Environmental Protection (Noise) Regulations 1987 as outlined within the Environmental Noise Assessment dated 10 February 2016 prepared by Lloyd George Acoustics;

m)     A 1.3m high noise barrier shall be constructed along Aberdar Lane and Marchwood Boulevard, as indicated on the approved plan in Attachment 2 (Drawing No. 15116/05 Revision C), in accordance with the Environmental Noise Report dated 10 February 2016 completed by Lloyd George Acoustics, to the satisfaction of the City;

n)      Bicycle parking and end of trip facilities shall be provided for the Child Care Centre, Medical Centre, Offices and Shop, in accordance with requirements of Austroads’ Guide to Engineering Practice Part 14: Bicycles, to the satisfaction of the City;

o)      The proponent/landowner shall take appropriate steps to remove any graffiti applied to the external surfaces of the building within 7 days of it being applied, to the satisfaction of the City;

p)      A construction management plan shall be submitted for approval prior to commencement of development. This plan is to detail how construction will be managed to minimise disruption in the area and shall include:

i)       The delivery of and delivery times for materials and equipment to the site;

ii)      Storage of materials, rubbish and the location and type of equipment on site;

iii)     Parking arrangements for contractors and sub-contractors;

iv)     The impact on traffic movement (including potential road closures);

v)      Construction times;

vi)     Measures to minimise noise impacts on surrounding residents; and

vii)    Any other matter required by the City.

q)      The granting of an easement in gross, favour of the public at large prior to the development first being occupied over the area generally identified as carparking and vehicular accessways on the approved plan, included in Attachment 2. All costs associated with the preparation of the easement shall be met by the landowner; and

r)       The applicant/landowner shall install non-climbable fencing to a minimum height of 1.8m along the entirety of the Child Care Centre Outdoor Play Area, to the satisfaction of the City.

2.       ENDORSES Administration’s responses to the submissions as provided in Attachment 4; and

3.       ADVISES the submitters of its decision.

The substantive motion as amended was put and

carried

13/1

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

Against the motion:   Cr Winton

File Ref:                                              DA2016/478 – 16/224336

Responsible Officer:                           A/Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Zappa, Seconded Cr Cvitan

That Council, pursuant to clause 68(2)(c) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2 REFUSES the development application for commercial vehicle parking at Lot 383 (3) Tenet Court, Merriwa, as shown in Attachment 1 of this report, for the following reasons:

1.       The application does not satisfy the requirements of clause 4.23.3(b) or 4.23.6 of the City of Wanneroo District Planning Scheme No. 2 for commercial vehicle parking; and

2.       Approval of the application would be contrary to the following matters to be considered by Council in exercising its discretion under clause 67 of the Deemed Provisions of DPS 2:

“(m) The compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development; and

(n) The amenity of the locality including the following –

          (i)    environmental impacts of the development;

          (ii)   the character of the locality;

          (iii)  social impacts of the development.”

Carried Unanimously

File Ref:                                              DA2016/6 – 16/247534

Responsible Officer:                           A/Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Zappa, Seconded Cr Cvitan

That Council pursuant to Clause 68(2)(b) of the Deemed Provisions of the District Planning Scheme No. 2, APPROVES the Development Application (DA2016/6) as shown in Attachment 2 for the Single House Addition (Deck) at Lot 17 (5) Clarecastle Retreat, Mindarie, subject to the following conditions:

1.       This approval only relates to the Single House Addition (Deck), as highlighted on Attachment 2. It does not relate to any other development on the site;

2.       Screening of the Single House Addition (Deck) shall be provided in accordance with Attachment 2;

3.       All stormwater shall be collected and retained on site; and

4.       This approval is only valid from the date of Council’s decision, and does not retrospectively authorise any previous unapproved development on the site.

Carried Unanimously

File Ref:                                              DA2016/66 – 16/250506

Responsible Officer:                           A/Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Zappa, Seconded Cr Cvitan

That Council:-

1.       Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2 APPROVES the substitution of condition 22 to DA2009/1277 for a Development Application at Lot 9031 (104) Kingsbridge Boulevard, Butler issued 28 July 2010 with the following condition:

a)    The movement of trucks for delivery purposes shall be strictly restricted to be between 7am and 6pm, Monday to Saturday only.

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

3.       ADVISES the submitters of its decision.

Carried Unanimously

File Ref:                                              4280 – 16/122079

Responsible Officer:                           A/Director Planning & Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Zappa, Seconded Cr Cvitan

That Council:-

1.       NOTES the petition (PT03-04/16) from 256 ratepayers in respect to Cell 6 Pty Ltd located at Lot 1 (115) Furniss Road Darch.

2.       NOTES the following proposed actions by Administration:

a)      Request the Department of Environment Regulation to amend Cell 6 Pty Ltd’s License conditions to ensure dust suppression is used on all stockpiles so that no dust is emitted from the site and to install air monitoring equipment to monitor dust leaving the site;

b)      The City to instruct Cell 6 Pty Ltd to manage any dust emanating from the crushed material stockpiles should, as a result of investigating dust complaints from residents, evidence be obtained;

c)      Request the Department of Environment Regulation to take appropriate action should any non-compliance with licence conditions be discovered;

d)      Request that Cell 6 Pty Ltd ensure no putrescible waste is accepted at the property that will attract rodents in accordance with its operating license and to implement a baiting program should activity be noted; 

e)      The City make a submission to the Department of Environment Regulation should any non-compliance or health risk be identified during the license renewal process in June 2017 including a request for a reduction in the license duration due to the current use of the site not being compatible with adjacent residential areas;

f)       The City to carry out its own air monitoring of the site during summer periods when high winds are prevalent and take appropriate compliance action should any non-compliance with development approval conditions;

g)      Advise the petitioner that the site has been identified as an area that could be developed as residential with a small section of Business along Furniss Road, and that then would require a structure plan amendment to rezone the land with all geotechnical and environmental issues associated with the landfill site being resolved; and

3.       ADVISES the petition organiser of the proposed actions by Administration.

Carried Unanimously

File Ref:                                              6923 – 16/288749

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       20         

Moved Cr Newton, Seconded Cr Aitken

That Council:-

1.       ENDORSES the submission of the following City of Wanneroo projects for funding consideration as part  of the 2017/18 State and Australian Government Black Spot Programs:

a)      Pinjar Road / Joondalup Drive Intersection, Banksia Grove - Install pre-deflection on the eastern approach of the roundabout;

b)      Neaves Road, Dempster Place to Via Vista Drive, Mariginiup - Install guideposts;

c)      Badgerup Road Between Lakeside Drive and Jambanis Road, Gnangara - Install guideposts;

d)      Old Yanchep Road Between Cutler Road and Yanchep National Park, Carabooda - Install guideposts and Widen roadway and provide edge lines over 1.0 km section;

e)      Marmion Avenue / Hester Avenue / Anchorage Drive North Intersection, Mindarie - Install skid resistant surface;

f)       Kingsway Between Wanneroo Road and Sovrano Avenue, Madeley - Install median treatment and Upgrade lighting;

g)      Marmion Avenue / Neerabup Road / Anchorage Drive Intersection, Clarkson - Install bypass lane from Marmion Avenue (north) to Neerabup Road;

h)      Marangaroo Drive Between Alexander Drive and Koondoola Avenue, Koondoola - Provide 3.0m wide shared path;

i)       Marangaroo Drive Between Wanneroo Road and Mirrabooka Avenue, Girrawheen - Provide 2.5m wide shared path;

j)       Kingsway Between Hartman Drive and Ashdale Boulevard / Evandale Road, Darch - Install median treatment, Install bus embayment and Upgrade lighting; and

2.       NOTES that the draft 2017/18 Traffic Treatments Program in the Long Term Capital Works Program will require amendment to reflect the funding of projects approved through the 2017/18 State and Australian Government Black Spot Programs.

Carried Unanimously

File Ref:                                              20923 – 16/264091

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Newton, Seconded Cr Aitken

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 Flynn Drive;

2.       ENDORSES Administration’s proposal for landscaping that will follow the road construction upgrade for the Flynn Drive from Wanneroo Road to Mather Drive; and

3.       ADVISES the property owner of Lot 115 Tranquil Drive, Carramar of Council's decision.

Carried Unanimously

File Ref:                                              25883 – 16/281686

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.       ENDORSES the Southern Suburbs Library Design Development with Bollig Design Group to produce design detail sufficient for a Development Application on the basis of the concept shown at Attachment 2; and

2.       NOTES that the commencement of design consultancy beyond Development Application is subject to the City resolution on negotiations with Tah Land Pty Ltd.

Carried Unanimously

File Ref:                                              24973 – 16/228966

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Cvitan

That Council:-

1.      FORWARDS the following Community Sport and Recreation Facilities Fund applications to the Department of Sport and Recreation for the 2017/18 funding round with the following assessment, project rating and prioritisation, noting a total grant amount sought of $4,885,715:

2.      NOTES that a further report will be presented to Council in March 2017 advising the outcomes of all CSRFF applications for the 2017/18 funding round and related funding implications for the City’s 20 Year Strategic Financial Management Plan; and

3.      NOTES a further report will be presented to Council in respect to the Lendlease proposal to fund two thirds of the Leatherback Park Floodlighting project, subject to a successful CSRFF grant application for one-third of the project cost.

Carried Unanimously

File Ref:                                              3272 – 16/294892

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Simpkins

That Council:-

1.       ACCEPTS the Commonwealth Grant Agreement between the Commonwealth represented by the Commonwealth Attorney-General’s Department and the City of Wanneroo to receive grant funding for the installation of a CCTV hub at the Kingsway Regional Sporting Complex; and

2.       NOTES that in accordance with the City’s Accounting Policy the project will need to be treated as unbudgeted expenditure in 2016/17.

Carried UNANIMOUSLy

File Ref:                                              3177 – 16/294158

Responsible Officer:                           Director Community & Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Aitken, Seconded Cr Driver

That Council:-

1.       NOTES the Petition PT01-08/16 tabled at the Ordinary Council Meeting of 16 August 2016, requesting the City to undertake consultation and investigation with the community, in regard to the establishment of a Men’s Shed in the Yanchep/Two Rocks area including consideration of transportable building(s) at the Yanchep Sports Club site;

2.       NOTES that Administration will make contact with the Yanchep Community Men’s Shed to provide advice regarding establishment and business plan development where appropriate;

3.       NOTES that Administration will develop a framework to inform an equitable and consistent approach across the City to the establishment and ongoing support of community groups, including Men’s Sheds; and

4.       ADVISES the petition organisers of the outcomes of this report.

Carried Unanimously

File Ref:                                              25973 – 16/273282

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Zappa, Seconded Cr Nguyen

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

1.       2016/17 Annual Adopted and Revised Budget;

2.       July 2016 YTD Revised Budget;

3.       July 2016 YTD Income and Expenditure;

4.       July 2016 Statement of Financial Position and Net Current Assets; and

5.       July 2016 YTD Material Variance Notes.

Carried Unanimously

File Ref:                                              1859 – 16/301426

Responsible Officer:                           Director Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Moved Cr Zappa, Seconded Cr Nguyen

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