My 1.8m boundary colourbond fence still allows my neighbour from across the road to look into my kitchen, lounge and backyard. Administration advised there is nothing I can do to extend my fence in order to maintain privacy. Is Council able to advise what options are available?

Response by Director, Planning and Sustainability –

Administration has attempted to contact Mr Naicker regarding the possibility of lodging a development application for a screen structure to address concerns with visual privacy, as an alteration to the existing fence requires planning approval as it is subject to a Detailed Area Plan (DAP). Administration was unable to contact Mr Naicker, but will continue to find a suitable resolution to this matter.

Item CS03-09/20 Business Case - Quinns Rocks Caravan Park Re-Development

Why is Council considering whether there should be a Tourist Park on Quinns Beach when the decision to develop the old caravan site into a modern tourist park was made by Council at a formal meeting in 2012?

Response by Director, Corporate Strategy and Performance –

The 2012 decision remains in effect. The present report relates to a business case, which was conducted to investigate the potential viability of the site.  The report does not relate to whether or not development should occur, which would be a separate consideration for Council in evaluating the outcomes of the proposed Expression of Interest process (which will investigate market interest in the site).    

Item CS03-09/20 Business Case - Quinns Rocks Caravan Park Re-Development

1.         What is the total sizes of the patches of bushland adjacent from the former Caravan Park site that are mapped as degraded in the Agenda?

Response by Director, Corporate Strategy & Performance –

Question taken on notice.

Further response by Director, Corporate Strategy & Performance –

The total area of degraded areas identified in the Vegetation Condition Map, attached to the report, was approximately 8,243m2 (0.82ha) of which 2,840m² was separated from the former caravan park site. As noted in the report, it was recommended (and considered for modelling) that any expansion is limited to ‘Degraded’ areas (or ‘Good’ areas in proximity to ‘Degraded’ areas).

The approximate total area of the bushland/ vegetated portion of Lot 211 is 7.03ha.  With the inclusion of the unconstructed road reserve area (which is bordered by Lot 211), the bushland/ vegetated area increases to approximately 7.71ha.

2.         How could tourism development be on the former Caravan Park footprint, be accommodated by only using the degraded patches of bushland?

Response by Director, Corporate Strategy & Performance –

Various grades are using the Keighery condition scale, which is in the report on page 306. The description of those such as the “good” are possible to be used. Administration would need to look at each of those patches precisely, once we know more about what the Expression of Interest (EOI) tells us. At this point, there are some options available based on the study that has been done.

3.         How would any additional parking to cater for peak demand or growth and activity for beach users be accommodated if the former Caravan Park land area is leased long-term to another party?

Response by Director, Corporate Strategy & Performance –

This Business Case is about the Caravan Park and the plan is internally capable of looking after its own parking requirements. If there are issues within the Precinct area, then the City will investigate the Precinct issues.

4.         Was the potential requirement for buffer zones or a second access road considered as part of the Bushfire Risk Assessment, mentioned in the Business Case summary report?

Response by Manager, Property –

It was considered, noting the different methods of compliance in terms of the ways it could be managed. It was also noted that it would be something the proposals received under an EOI would address and the need to provide a smaller, or minimal footprint.

5.         Was the cost to the proponent of seeking environmental and planning approvals, and the potential to have to fund environmental offsets, factored in the cost benefit analysis for the Business Case?

Response by Director, Corporate Strategy & Performance –

The EOI will provide that information and it will be clear that development approvals, and associated documents are required. The EOI information will give the information analysis to prepare Stage 3 of the Business Case.

Moved Cr Baker, seconded Cr Treby.

That the minutes of the Ordinary Council Meeting held on 25 August 2020 be confirmed.

Carried Unanimously

“I would like to take a moment to recognise a member of our community who has displayed the values of compassion and thoughtfulness that make our City a wonderful place to live.

Tonight we are joined in the Council Chamber by Mr Henry Warner.

A few weeks ago, Henry was walking his dog near Rosslare Park in Mindarie when he spotted a sea turtle on the beach that had become tangled up in netting.

The turtle was clearly in distress, and despite the significant swell and freezing water, Henry had no hesitation in rushing over to help.

With the turtle too heavy to move alone, Henry called on his friends, who brought knives to cut it free from the netting.

The group then carried the turtle all the way to the calmer waters of the Mindarie Marina.

Henry even retrieved the rest of the netting, to ensure no other sea creatures would become entangled.

On behalf of the City of Wanneroo, I would like to present Henry with a certificate of appreciation in recognition of his quick-thinking, compassion and service to our community.”

Has the Chief Executive Officer (CEO) been able to further the questions in relation to the Public Open Space (POS) site in Item PS04-09/20 with reference to where it goes for the City to purchase the site, how the purchase happens and what is the ongoing strategy to look after the site?

Response by CEO –

Thanked Cr Miles for advanced warning of the question, which allowed the Executive Manager, Governance & Legal and Manager, Approval Service to investigate this further and there is now an additional point in the Recommendation of PS04-09/20, which addresses Cr Miles questions. Referred to the Manager, Approval Services for a further response.

Further response by Manager, Approval Services –

At last week’s Briefing Session, there were a number of issues raised in relation to the contamination, remediation and acquisition of the site through the District Contribution Plan (DCP) Cell 6 Contribution Fund. Administration has worked with the applicant in light of those concerns and further to page 48, paragraph seven of the Agenda, the applicant confirmed their expectation that the POS site will be re-classified by the Department of Water and Environmental Regulation (DWER) as remediated restricted use. With the site being cleaned up to a standard where it is suitable for use as POS.

To address the obligation to ensure that the land is suitably remediated and there is no ongoing management requirement, Administration have drafted the following additional Clause to the Recommendation and will present that when the Item is discussed. The additional provision reads:

3.         “The landowner acknowledges and agrees that the City will not clear the conditions of subdivision for the creation of POS 6M (District Open Space) until such time as the landowner can satisfy the City that the POS 6M site is classified by the Department of Water Environmental Regulation as suitable for use as Public Open Space and there is no ongoing management plan obligations (contamination monitoring or mitigation measures) to the satisfaction of the City.”

On that basis, the City will not clear the subdivision until it is satisfied that the above Clause has been complied with.

Cr Newton advised that the Local Government Standards Panel had found that she had contravened Regulation 7.1 b) of the Local Government (Rules of Conduct) Regulations 2007. Cr Newton accepted the Panels finding and apologised in accordance with the requirements of the Panel’s decision.

1.         There is no mention throughout the answers provided by Administration that Bush Forever was referred to in Council reports, which it was, but it was not referred to in online media and the survey. What Council report said that Council would consider an expansion?

Response by Director, Corporate Strategy & Performance –

This has been discussed over a number of years, particularly through the Working Group about viability. The Business Case was requested to understand a viable area for a caravan park, hence the reason for going through a three staged Business Case. The City has been clear during the project that there was not going to be significant clearing undertaken, the City just needs to understand viability size.

2.         At what point did the City inform the community that we were looking at expansion? Was it only at the workshops, only in the surveys or was it prior to that?

Response by Director, Corporate Strategy & Performance –

The City is working on basis of the Council resolution of the Ordinary Council Meeting on 13 November 2012 (CB03-11/12), which states:

6.         “REQUIRES Administration to submit a series of reports to Council to consider a framework/ plan for transitioning the site, and determining the terms of tender documentation to be publicly advertised seeking Expressions of Interest/ Tenders from suitably qualified and experienced caravan park operators for the upgrade and management of the caravan park; and…”

3.         The upgrade of the old Caravan park would not have necessarily meant an expansion, is that correct?

Response by Director, Corporate Strategy & Performance –

The upgrade could be a number of things. In particular, at the time it was closed, there was a desire for it to be a viable Caravan Park.

4.         Is the Quinns Mindarie Foreshore Management Plan still a working document or has that been replaced with another Foreshore Management Plan?

Response by Manager, Approval Services –

Question taken on notice.

Further response by Manager, Approval Services –

The Quinns-Mindarie Foreshore Management Plan (FMP) was approved in 2004 and covers Lot 211.  Any development on Lot 211 would require an updated FMP for the area affected by the development. As the State Planning Policy 2.6 Coastal Planning (2013) was not considered as part of the Foreshore to take into account sea level rise, this will have to be considered as part of an updated FMP.

Cr Sangalli presented a petition of 1,148 signatories requesting Council opposing any expansion to the development 1.9ha footprint of the former Quinns Rocks Caravan Park site at Lot 211 Quinns Road, Mindarie, which will encroach on the Bush Forever Site (HPE: 20/415353).

Cr Treby presented a petition of 333 signatories requesting Council to construct a noise wall barrier along Mirrabooka Avenue between Gnangara Road and Hepburn Avenue in the Landsdale/Darch area. This wall is required to block the noise from increasing traffic and the industrial area. (HPE: 20/361413).

Update:

A report will be presented to Council at the 17 November 2020 Ordinary Council Meeting.

File Ref:                                              22542V08 – 20/349368

Responsible Officer:                          Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       7  

Previous Items:                                   CB03-11/12 - Future Redevelopment of Quinns Rocks Caravan Park, Mindarie - Ordinary Council - 13 Nov 2012 7.00pm

                                                            CS08-06/15 - Quinns Rocks Caravan Park Re-development - Establishment of Councillor Working Group - Ordinary Council - 23 Jun 2015 7.00pm

                                                            CS10-05/18 - Quinns Rocks Caravan Park Redevelopment Working Group - Updated Terms of Reference - Ordinary Council - 29 May 2018 7.00pm      

Mayor Roberts declared an impartiality interest in CS03-09/20    Business Case – Quinns Rocks Caravan Park Re-Development due to being the Vice Patron of Quinns Mindarie Surf Life Saving Club.

Moved Cr Baker, seconded Cr Aitken.

That Council:-

1.       ENDORSES the Quinns Rocks Caravan Park Redevelopment Business Case (August 2020) prepared by Pracsys (Attachment 3);

2.       AUTHORISES Administration, in consultation with Pracsys and Quinns Rocks Caravan Park Re-Development Working Group, to:

a)      Develop and conduct an Expression of Interest process for market-based interest from third party operators, of the former Quinns Rocks Caravan Park site (as a modern caravan or holiday park) under a commercial ground lease, noting that:

i.       The Expression of Interest will invite submissions on one or both of the following alternatives:

a.       The original footprint of the former Quinns Rocks Caravan Park; and

b.      The original footprint plus an expansion in accordance with item 2.a)ii) below;

ii.      Any expansion to the development footprint of the former Quinns Rocks Caravan Park site will be to the extent reasonably required for the commercial viability of a development, while preserving the environmental value the majority of natural vegetation at Lot 211 Quinns Road, Mindarie (noting that the preservation of the environmental value will be an important criterion in the Expression of Interest process); and

iii.     The outcomes of the Expression of Interest process, including any recommended lessee/ operator and development footprint will be the subject of a subsequent report to Council; and

b)      Investigate and report to Council on options to preserve and enhance the environmental value of those portions of Lot 211 Quinns Road, Mindarie which are not required for the redevelopment of the former Quinns Rocks Caravan Park; and

3.       NOTES that Administration, in parallel to the Expression of Interest process described in Recommendation 2 above, will:

a)      Undertake further community engagement in conjunction with the Expression of Interest process, including site specifications and design elements, with that community engagement to include:

i.       Providing information sessions for participants in the community workshops (and other interested parties) to convey further details on the Expression of Interest process; and

ii.      Investigation of a reference group (or groups) or an Advisory Group (or Advisory Groups), representing local, environmental/ heritage and business/ tourism interests, to inform the Quinns Rocks Caravan Park Re-Development Working Group on the development of the Expression of Interest documentation; and

b)      Engage with the Department of Planning, Lands and Heritage in relation to the land tenure of the road reserve area bounded by Lot 211 Quinns Road, Mindarie.

Moved Cr Baker, seconded Cr Treby.

That an extension of time of two minutes to speak be granted to Cr Sangalli.

Carried Unanimously

The Substantive Motion was put and

For the motion:           Mayor  Roberts, Cr Aitken,  Baker, Cr Coetzee, Cr Cvitan, Cr Flood,  Huntley, Cr Miles, Cr Newton, Cr H. Nguyen,  Parker, and Cr Treby.

Against the motion:   Cr V. Nguyen, Cr Sangalli.

carried

12/2

File Ref:                                              5734V04 – 20/374238

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Parker, seconded Cr Cvitan.

That Council APPROVES the actions, as contained in Attachment 1.

Carried Unanimously

File Ref:                                              40661 – 20/286658

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Huntley, seconded Cr Treby.

That Council:-

1.       SUPPORTS the closure of the Pedestrian Access Way described as Lot 55 on Plan 22545 being, identified in Attachment 5;

2.       REQUESTS Administration to FORWARD the proposal to the Western Australian Planning Commission for its endorsement;

3.       Subject to the closure of the Pedestrian Access Way described as Lot 55 on Plan 22545 being endorsed by the Western Australian Planning Commission, AUTHORISES Administration to request the Minister for Lands to amalgamate the Pedestrian Access Way, identified in Attachment 5, with Lot 927; and

4.       ADVISES the proponent and submitters of its decision.

Carried Unanimously

File Ref:                                              30442 – 20/332143

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Baker, seconded Cr Newton.

That Council advises the Western Australian Planning Commission that it SUPPORTS the proposed modifications in the interim review of State Planning Policy 7.3 – Residential Design Codes: Volume 1 subject to the responses provided in the Feedback, set out in Attachment 1.

Carried Unanimously

File Ref:                                              3381-43 – 20/149647

Responsible Officer:                          Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       12         

Moved Cr H. Nguyen, seconded Cr V. Nguyen.

Cr V. Nguyen declared a impartiality interest in PS04-09/20 Consideration of  Amendment No. 43 to the East Wanneroo Cell 6 Approved Structure Plan No. 8 - Lot 2 Driver Road, Darch due to living near the Lot being discussed.

The Manager, Approval Services advised that an Administrative amendment had been made since the Agenda publication to PS04-09/20 Consideration of  Amendment No. 43 to the East Wanneroo Cell 6 Approved Structure Plan No. 8 - Lot 2 Driver Road, Darch, by adding an additional new provision No 3. Under section 4.2.1 Landfill site – Lot 2 Driver Road, Darch.

That Council:-

1.         Pursuant to subclause 20(2)(e) of the deemed provisions of the City of Wanneroo District Planning Scheme No. 2 RECOMMENDS to the Western Australian Planning Commission that the proposed Amendment No. 43 to the East Wanneroo Cell 6 Approved Structure Plan No. 8 submitted by Rowe Group on behalf of Parcel Darch Pty Ltd as contained in Attachment 3 to the report be approved WITH MODIFICATIONS as detailed below:

a)         Structure Plan

i.          Deletion of the R60 coded sites proposed to the immediate north of the Public Open Space site and coding those sites as R30; and

ii.         Provision of a road connection to Furniss Road ensuring no direct connection with Westport Parade to minimise potential through traffic;

b)        Part 1 – Implementation

i.          Deletion of all proposed modifications to Clause 4.3; and

ii.         Inserting the following new subclauses:

“4.2.1 Landfill Site – Lot 2 Driver Road, Darch

1.         Prior to the lodgement of a subdivision or development application, the applicant shall obtain approval for a Local Water Management Strategy, successfully demonstrating availability of water source for the on-going maintenance of the public open space, from the Department of Water and Environmental Regulation and the City of Wanneroo.

2.         An Urban Water Management Plan shall be submitted along with the subdivision or development application to the satisfaction of the City of Wanneroo; and

3.         The landowner acknowledges and agrees that the City will not clear the conditions of subdivision for the creation of POS 6M (District Open Space) until such time as the landowner can satisfy the City that the POS 6M site is classified by the Department of Water Environmental Regulation as suitable for use as Public Open Space and there is no ongoing management plan obligations (contamination monitoring or mitigation measures) to the satisfaction of the City.

4.2.2  Lot 1 Furniss Road

At the subdivision stage prior to the endorsement of a diagram or plan of survey (deposited plan) for the creation of residential lots, the applicant is to demonstrate to the satisfaction of the Department of Water and Environmental Regulations that the licensed activities on Lot 1 Furniss Road, Darch have ceased.”

2.        Pursuant to subclause 20(2) of the deemed provisions of the City of Wanneroo District Planning Scheme No. 2, PROVIDES a copy of the report on the proposed amendment to the Western Australian Planning Commission, including the schedule of submissions and the City’s response and recommendations;

3.        REQUIRES Parcel Darch Pty Ltd to enter into a legal agreement with the City of Wanneroo (the City) to the effect that it will not require the City to acquire the proposed Public Open Space POS 6M 4.8 hectares in area under the provisions of the City of Wanneroo District Planning Scheme No. 2 until such time the POS site is completely decontaminated to the satisfaction of the City of Wanneroo and the Department of Water and Environmental Regulation; and

4.        ADVISES the submitters of its decision.

For the motion:           Mayor Roberts, Cr Aitken,  Baker, Cr Coetzee, Cr Cvitan,  Huntley, Cr Miles, Cr Newton, Cr Nguyen,  Nguyen,  Parker, Cr Sangalli and Cr Treby.

Against the motion:   Cr Flood.

carried

13/1

File Ref:                                              1446V04 – 20/111878

Responsible Officer:                          Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Baker, seconded Cr Huntley.

That Council APPROVES the proposed amendments to the RoadWise Working Group Terms of Reference, as per Attachment 2.

Carried Unanimously

File Ref:                                              3125V04 – 20/377808

Responsible Officer:                          Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1         

This item was withdrawn by the Chief Executive Officer.

File Ref:                                              21800 – 20/370697

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Sangalli, seconded Cr Baker.

That Council ENDORSE the revised Sports Floodlighting Policy, as per Attachment 1.

Carried Unanimously

File Ref:                                              30232 – 20/330113

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       3         

Cr H. Nguyen left the meeting at 8:13pm and did not return.

Moved Cr Treby, seconded Cr Cvitan.

That Council APPROVES the revised Facility Hire and Use Policy, as per Attachment 2.

Carried Unanimously

File Ref:                                              40645 – 20/369229

Responsible Officer:                          Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Mayor Roberts, seconded Cr Sangalli.

Moved Cr Miles, seconded Cr Coetzee.

That an extension of time of three minutes to speak be granted to Cr Baker.

Carried Unanimously

That Council:-

1.       ENDORSES Option 5, as per Attachment 1, as the preferred site for the Alkimos Aquatic and Recreation Centre within Alkimos Central, subject to item 4 below;

2.       AUTHORISES the Chief Executive Officer to progress the land acquisition of Option 5, as per Attachment 1, negotiate commercial terms (including a purchase price), engage property valuations, surveys and due diligence investigations, and execute a sale contract and related documentation, provided that the sale contract will be subject to:

a)      The City’s independent valuation of the Option 5 site, noting item 4 below;

b)      The approval of Council; and

c)      The City’s compliance with Section 3.59, if applicable having regard to regulation 8A of the Local Government (Functions and General) Regulations 1996 (WA); and

3.       NOTES that a Site Master Plan is currently being progressed, with the outcomes of this Master Plan to be reported to Council at a future meeting; and

4.       NOTES that a further report to Council, incorporating analysis of the site options (including acquisition cost as a criterion in addition to the criteria identified in this report) and recommendation of a preferred site, will be submitted to Council if the City and Development WA do not agree that Options 1, 2, 3, 4 and 5 will be valued equally on an en globo basis.

Carried Unanimously

File Ref:                                              37350 – 20/335615

Responsible Officer:                          Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       7         

Moved Cr Cvitan, seconded Cr Baker.

That Council, by ABSOLUTE MAJORITY:

1.       RECEIVES the Financial Activity Statement and commentaries on variances year to date Budget for the period ended 31 July 2020 consisting of:

a)      July 2020 year to date Financial Activity Statement;

b)      July 2020 year to date Net Current Assets Position; and

c)      July 2020 year to date Material Financial Variance Notes.

2.       APPROVES the following change to the 2020/21 Capital Work Budget:

3.       APPROVES the following change to the 2019/20 Carry Forward Adjustments as detailed in Attachment 7, in the 2020/21 Capital Work Budget.

Carried BY ABSOLUTE MAJORITY

File Ref:                                              1859V02 – 20/377071

Responsible Officer:                          Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Parker, seconded Cr Newton.

Mayor Roberts declared a financial interest in CS02-09/20 Warrant of Payments for the Period to 31 August 2020 due to being a Board Member for LGIS.

Mayor Roberts left the meeting at 8:40pm.

Deputy Mayor Cr Cvitan assumed the Chair.

Mayor Roberts re-entered the meeting at 8:43pm and assumed the Chair.

That Council RECEIVES the list of payments drawn for the month of August 2020, as summarised below:-