Council Members’ Briefing Session

 

6:00pm, 14 November, 2023

Council Chamber (Level 1), Civic Centre,

23 Dundebar Road, Wanneroo

 

 

wanneroo.wa.gov.au

PRINCIPLES

A Council Briefing occurs a week prior to the Ordinary Council Meeting and provides an opportunity for Council Members to ask questions and clarify issues relevant to the specific agenda items before council.  The Briefing is not a decision-making forum and the Council has no power to make decisions. The Briefing Session will not be used, except in an emergency, as a venue or forum through which to invoke the requirements of the Local Government Act 1995 and call a Special Meeting of Council.

In order to ensure full transparency the meetings will be open to the public to observe the process.  Where matters are of a confidential nature, they will be deferred to the conclusion of the Briefing and at that point, the Briefing Session closed to the public. The reports provided are the Officers’ professional opinions.  Whilst it is acknowledged that Council Members may raise issues that have not been considered in the formulation of the report and recommendation, it is a basic principle that as part of the Briefing Sessions Council Members cannot direct Officers to change their reports or recommendations.

PROCESS

The Briefing Session will commence at 6.00pm and will be chaired by the Mayor or in his/her absence the Deputy Mayor. In the absence of both, Councillors will elect a Chairperson from amongst those present.  Council Members may speak more than once on any item, there is no moving or seconding items, Officer’s will address the Council Members and the order of business will be as follows:

Members of the public present may observe the process and there is an opportunity at the conclusion of the Briefing for a Public Question Time where members of the public may ask questions (no statements) relating only to the business on the Agenda. The Agenda will take the form of:

·                Attendance and Apologies

·                Deputations

·                Declarations of Interest

·                Reports for discussion

·                Tabled Items

·                Public Question Time

·                Closure

Where an interest is involved in relation to an item, the same procedure which applies to Ordinary Council Meetings will apply. It is a breach of the City’s Code of Conduct for an interest to not be declared. The Briefing Session will consider items on the Agenda only and proceed to deal with each item as they appear. The process will be for the Mayor to call each item number in sequence and ask for questions. Where there are no questions regarding the item, the Briefing will proceed to the next item.

AGENDA CONTENTS

While every endeavour is made to ensure that all items to be presented to Council at the Ordinary Council Meeting are included in the Briefing Session papers, it should be noted that there will be occasions when, due to necessity, items will not be ready in time for the Briefing Session and will go straight to the full Council Agenda as a matter for decision. Further, there will be occasions when items are TABLED at the Briefing Session rather than the full report being provided in advance. In these instances, staff will endeavour to include the item on the Agenda as a late item, noting that a report will be tabled at the agenda Briefing Session.

AGENDA DISTRIBUTION

The Council Briefing Session Agenda will be distributed to Council Members on the FRIDAY prior to the Council Briefing Session. Copies will be made on the City’s website for interested members of the public. Spare Briefing Session papers will be available at the Briefing Session for interested members of the public.

RECORD OF BRIEFING

The formal record of the Council Briefing Session will be limited to notes regarding any agreed action to be taken by staff or Council Members. No recommendations will be included and the notes will be retained for reference and are not distributed to Council Members or the public. 

LOCATION

The Council Briefing Session will take place in the Council Chamber at the Civic Centre.

DEPUTATIONS

During the Briefing Session, members of the public may, by appointment, present a Deputation relating to items on the current Briefing Session Agenda. A maximum of up to ten minutes (dependent on the number of deputations received) is permitted for each deputation with up to three people to address the Council Members.

Please note that Deputation requests are to be received by no later than 9:00am on the day of the Briefing Session, and must relate to an item on the current Briefing Session Agenda.

Deputation online form

Please note:

·                Deputation requests must relate to items listed on the current Briefing Session Agenda;

·                A Deputation is not to exceed three speakers in number and only those speakers may address the Council Members; and

·                Speakers of a Deputation will collectively have a maximum of up to 10 minutes (dependent on the number of deputations received) to address the Council Members, unless an extension of time is granted.

Please ensure mobile phones are switched off before entering the Council Chamber.

For further information please contact Council Support on 9405 5000

 

Objective

 

To ensure there is a process in place to outline the access to recorded Council Meetings.

 

To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Meeting Minutes and that any reproduction of these Minutes are for the sole purpose of Council business.

 

Implementation

 

This Policy shall be printed within the Agenda of all Council Meetings which include:

 

·                Ordinary Council Meeting;

·                Special Council Meeting;

·                Annual General Meeting of Electors;

·                Special Electors Meeting; and

·                Briefing Sessions.

 

To advise the public that the proceedings of the meeting are recorded.

 

Evaluation and Review Provisions

 

Recording of Proceedings

 

1.         Proceedings for Meetings detailed in this policy; as well as Deputations and Public Question Time during these meetings shall be recorded by the City on sound recording equipment, except in the case of a meeting where Council closes the meeting to the public.

2.         Notwithstanding subclause 1, proceedings of a Meeting, which is closed to the public, shall be recorded where the Council resolves to do so.

3.         No member of the public is to use any audio visual technology or devices to record the proceedings of a Meeting, without the written permission of the Mayor or the Mayors Delegate.

 

Access to Recordings

 

4.         Members of the public may purchase a copy of the recorded proceedings or alternatively, listen to the recorded proceedings at the Civic Centre online if the recording is published on the City of Wanneroo website. Costs of providing a copy of the recorded proceedings to members of the public will include staff time to make the copy of the proceedings; as well as the cost of the digital copy for the recording to be placed on. The cost of staff time will be set in the City’s Schedule of Fees and Charges each financial year.

5.         Council Members may request a copy of the recording of the Council proceedings at no charge.

6.         All Council Members are to be notified when recordings are requested by members of the public, and of Council.

7.         COVID-19 Pandemic Situation

During the COVID-19 pandemic situation, Briefing Sessions and Council Meetings that are conducted electronically, will be recorded.  The CEO is authorised to make a broadcast of the audio recording of such meetings accessible to the public, as soon as practicable after the meeting.

8.         Briefing Sessions and Council Meetings that are recorded.  The CEO is authorised to make a broadcast of the audio recording of such meetings accessible to the public, as soon as practicable after the meeting.

 

 

Acronym	Meaning
ABN	Australian Business Number
ACN	Australian Company Number
Act	Local Government Act 1995
CBP	City of Wanneroo Corporate Business Plan
CHRMAP	Coastal Hazard Risk Management & Adaption Plan
City	City of Wanneroo
CPI	Consumer Price Index
DBCA	Department of Biodiversity Conservation and Attractions
DFES	Department of Fire and Emergency Services
DOE	Department of Education Western Australia
DOH	Department of Health
DPLH	Department of Planning Lands and Heritage
DPS2	District Planning Scheme No. 2
DLGSCI	Department of Local Government, Sport and Cultural Industries
DWER	Department of Water and Environmental Regulation
EPA	Environmental Protection Authority
GST	Goods and Services Tax
JDAP	Joint Development Assessment Panel
LTFP	Long Term Financial Plan
MRS	Metropolitan Region Scheme
MRWA	Main Roads Western Australia
POS	Public Open Space
PTA	Public Transport Authority of Western Australia
SAT	State Administrative Tribunal
SCP	City of Wanneroo Strategic Community Plan
WALGA	Western Australian Local Government Association
WAPC	Western Australian Planning Commission

 

 

 

Briefing Papers for Tuesday 14 November, 2023

 

 

CONTENTS

 

Item  1              Attendances   1

Item  2              Apologies and Leave of Absence  1

Item  3              Deputations   1

Item  4              Reports   1

Planning & Sustainability  1

Planning & Development Services  1

4.1                         Consideration of Local Development Plan No.3 - Two Rocks Town Centre (Precincts C, D & E) 1

Strategic Land Use Planning & Environment  71

4.2                         Review Local Planning Policy 5.3: East Wanneroo  71

Approval Services  184

4.3                         Consideration of Amendment No. 204 to District Planning Scheme No. 2 Following Advertising – Resolution of Scheme Anomalies Affecting Land in the East Wanneroo Cell 3 (Wanneroo) Agreed Structure Plan No. 5  184

4.4                         Consideration of Amendment No. 207 to District Planning Scheme No. 2 Following Advertising – Normalisation of the Hainsworth Local Structure Plan No. 98 Area  204

Assets  216

Asset Operations & Services  216

4.5                         Response to Petition (PT01-08/23) - Request for Speed Limit Reduction or Installation of Traffic Lights at Jacaranda Drive / Wanneroo Road Intersection, Wanneroo  216

4.6                         Gnangara Road Upgrade from Hartman Drive to Mirrabooka Avenue, Wangara - Community Engagement Results and Land Requirements  221

4.7                         Pedestrian Accessway Closure between Blackmore Avenue and Innes Place, Girrawheen - Community Consultation Outcomes  245

 

Infrastructure Capital Works  254

4.8                         Tender 23150 - Upgrade of Hester Avenue and Connolly Drive Roundabout  254

4.9                         Local Roads and Community Infrastructure Program - Phase 4  262

4.10                      Tender 23025 RiverLinks Park, Clarkson, New All-Abilities Playground  294

Community & Place  302

Community Facilities  302

4.11                      Grandis Park Skate Park Lighting Investigation Outcomes  302

4.12                      Disbandment of the Wanneroo BMX Club Working Group  310

Community Safety & Emergency Management Report  313

4.13                      Review of the Cats Local Law 2023  313

4.14                      Dog Exercise Provision Lot 124 Timely Hostess Mews, Mariginiup  346

Corporate Strategy & Performance  349

Strategic & Business Planning  349

4.15                      2022/23 Quarter 4 Corporate Performance Report  349

Transactional Finance  380

4.16                      Warrant of Payments for the Period to 30 September 2023  380

4.17                      Financial Activity Statement for the period ended 30 September
2023  463

4.18                      Change of Valuation of Land Method - 78 Golfview Place Gnangara  483

Customer & Information Services  487

4.19                      Personal Information Privacy Policy - Scheduled Review   487

Chief Executive Office  509

Item  5              Motions on Notice   509

Item  6              Late Reports (to be circulated under separate cover) 509

Item  7              Public Question Time  509

Item  8              Confidential  509

Item  9              Date of Next Meeting   509

Item  10           Closure   509

 

This meeting today is being held on Whadjuk Noongar boodja and we would like to acknowledge and pay respects to Elders past, present and future. We thank all past and present members of the community that have supported the City to better understand and value Noongar culture within the City of Wanneroo.

Item  1     Attendances

Item  2     Apologies and Leave of Absence

Item  3     Deputations

Item  4     Reports

Declarations of Interest by Council Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.

Planning & Sustainability

Planning & Development Services

File Ref:                                              2945-D3 – 23/330775

Responsible Officer:                          Director Planning & Sustainability

Attachments:                                       7

Previous Items:                                   MN03-06/22 - Planning Framework Affecting the Two Rocks Marina Precinct - Ordinary Council - 14 Jun 2022 6:00pm       

Issue

To consider submissions on the proposed Local Development Plan No. 3 (LDP 3) to determine its acceptability for final approval and endorsement.

 

Background

Council at its 14 June 2022 Ordinary Meeting, considered a Motion on Notice regarding the planning framework affecting the Two Rock Marina Precinct being the Agreed Structure Plan No.70 – Two Rocks Town Centre (ASP 70), as well as Local Development Plans (LDP’s) (formerly known as Detailed Area Plans (DAPs)) required to be prepared under the structure plan. The intent of the motion put forward by former Councillor Baker was to ensure that all built form outcomes around the Two Rocks Marina aligned with the local communities expectations and to ensure that the future development of the area was based around contemporary planning frameworks and documents. At this meeting, Council resolved the following:

 

That Council:-

 

1.       REQUESTS Administration:

a.      Prepare the outstanding Local Development Plans for land identified as Precinct D and Precinct E;

b.      Reviews and determined the Draft LDP No.2 for Precinct C; and

c.      Review the combined LDP (LDP No.1) for Precincts A and B.

 

2.       REQUESTS Administration discuss with the major Two Rocks Town Centre landowners funding a review of ASP 70

 

As part of the 14 June 2022 Council Meeting (item MN03-06/22), Administration made a commitment to Council following the keen interest and involvement of the local community to undertake consultation and further to present any LDPs to Council for determination given the significant community interest in the matter.

 

To date, Administration has progressed with the abovementioned Council resolution including the preparation and issuing of a letter to the relevant landowners dated 5 July 2022 advising of the Council outcome. The basis of the letter advised of the imminent expiration of ASP 70 and its need to be updated, but also the requirement to prepare and review the remaining LDPs.

Subsequent meetings were held with Fini Group (being the primary landowner of the land subject to the proposed LDP) who advised that they would have a preference in preparing the remaining LDPs (particularly Precinct E).

 

A subsequent subdivision application covering Lot 1000, 8 Lisford Avenue, Two Rocks, and a portion of Lot 9703, 10 Enterprise Avenue, Two Rocks within the Two Rocks Town Centre (WAPC Reference 162549) was determined by WAPC on 11 January 2023 (Attachment 7).  As part of this approval, a subdivision condition was imposed (Condition 8) requiring a local development plan to be prepared and approved for the subdivision area.

 

The proposed LDP was submitted to the City on 13 July 2023, in accordance with the requirements of Condition 8 of the Western Australian Planning Commission subdivision approval.

 

On 22 August 2023, Administration provided a memorandum to all Elected Members, advising of Administration’s intent to advertise the draft Local Development Plan No.3 (LDP 3), consistent with direction provided at the 14 June 2022 Ordinary Council Meeting. Further detail of the outcomes following consultation is included below.

 

Site

 

The subject land is zoned Special Use (SU-8) under the City of Wanneroo District Planning Scheme No.2 (DPS 2) and is subject to the Agreed Structure Plan No.70 – Two Rocks Town Centre (ASP 70). Under ASP 70 the land is zoned Mixed-Use and Commercial.

 

The LDP area expands across three precincts being a portion of Precincts C and D, and the full extent of Precinct E as identified within ASP 70.

 

A Location Plan is included at Attachment 1, with a copy of the ASP 70 map provided at Attachment 4.

 

Proposal

 

The draft LDP 3, as shown in Attachment 2, has been prepared as a requirement of Condition 8 of the WAPC approved subdivision 162549.

 

Consideration of the requirements of Condition 8 is included in the Comment section below.

 

Consultation

 

ASP 70 requires an LDP to be advertised for 28 days in accordance with the Scheme. However, ASP 70 predates the current Regulations and requirements of the City’s Scheme, with such references no longer being applicable. Following receipt of the LDP, the application was advertised in accordance with Clause 50 of the Planning and Development (Local Planning Schemes) Regulations 2015 for a period of 14 days. Accordingly, the advertising requirements of the current Regulations have been adhered to.

 

The draft LDP was advertised for public comment for a period of 14 days by means of two (2) on-site signs, an advertisement in the Wanneroo Times newspaper, the City’s website and letters written to surrounding landowners. The submission period closed on 15 September 2023, with 64 submissions being received. 

 

As with a number of proposals within the Two Rocks Town Centre, it is clear that the local community has a keen interest in the development of the area as can be seen from the number of submissions received during the consultation period. The key themes from the consultation relate to:

 

·        Concerns regarding unsafe road layout and access onto Lisford Avenue;

·        Concerns regarding the modification of the natural topography of the site/area;

·        Desire for more parkland or increased parkland within the LDP area; and

·        Concerns around the density and number of dwellings being proposed in the area.

 

As previously noted, the subdivision of the area has been supported by the Western Australian Planning Commission (WAPC Reference 162549). As part of this process, consideration of road layout and function, site levels and topography, public open space distribution and densities has been considered and conditionally approved. The consideration at the subdivision stage is guided and informed by the relevant planning framework documents such as Liveable Neighbourhoods and ASP 70. Unfortunately, an LDP cannot modify the approved subdivision design or layout in any way as this has already been determined by the WAPC.

 

As is included at Attachment 5, Rossa Way is intended to provide a left-out only function, with no access from Lisford Avenue being provided. Liberty Road similarly does not provide vehicle access to or from Lisford Avenue, with a pedestrian accessway being located between Lisford Avenue and the road reserve. Accordingly, vehicle traffic will be directed north through Australis Drive, and south from Marcon/Jordan street. Outcomes such as this ensure the subdivision meets the required traffic safety considerations with respect to crossover locations and separations within Liveable Neighbourhoods, but also ensures that view corridors and pedestrian access as outlined within ASP 70 are maintained through the development and towards the ocean.

 

A summary of submissions received, and Administration responses are shown in Attachment 3.

Comment

 

The Planning and Development (Local Planning Schemes) Regulations 2015 sets out the requirements for when an LDP is to be prepared, and also provides guidance on the manner and form of the document.

 

A local development plan is a planning mechanism used to coordinate and assist in achieving better built form outcomes by linking lot design to future building development. It can facilitate the design and coordination of development upon small and highly constrained lots, and supplement development standards contained within local planning schemes and the Residential Design Codes (R-Codes).

 

The preparation of the LDP is given a ‘head of power’ through Clause 47(a) and (b) of the Deemed Provisions, with the requirements of the document as set out within Condition 8 of WAPC subdivision approval 162549 (as below), and ASP 70. Additional provisions outside of these parameters are not considered to have a head of power and are not able to be considered.

 

It should be noted that an LDP cannot modify the approved subdivision design or layout in any way as this has already been determined by the WAPC.

 

ASP 70 identifies Precincts A – E within the structure plan area. In accordance with Table 1, Item 2(2.2), ASP 70 states that “the City will not accept a precinct [LDP] for any area that is geographically smaller than a Precinct, as illustrated on the Structure Plan Map”. 

 

The proposed LDP No.3 has been prepared to cover the whole of ‘Precinct E’, however has also included the residential components of Precincts C and D, with the remainder of the Precincts C and D primarily relating to commercial/non-residential development. As such it is considered reasonable to apply due regard to Clause 2.2 as noted above to modify the LDP boundary, with additional LDPs being required for the remainder of Precincts C & D. Administration is currently considering a draft LDP for Precinct C.

 

Condition 8 of WAPC subdivision approval 162549 requires the following:

 

8.       Local Development Plan(s) being prepared and approved for lots shown on the plan dated 12 December 2022 (attached) that address the following:

 

a)      The specific precinct requirements as set out in the Two Rocks Town Centre Structure Plan No.70;

b)      Lots 63-71, 73-80 and 58-62 to achieve the objectives of the City of Wanneroo local Planning Policy 4.27 – Mixed Use Zones;

c)      Lots 53-67: uniform visually permeable fencing, orientation and major openings to address public open space; and

d)      Garage widths and locations being identified on all corner lots and Lots 26, 29, 30, 34-36, 43 & 46.

 

Compliance with the above condition has been explored further below.

 

Condition 8(a) – The specific precinct requirements as set out in the Two Rocks Town Centre Structure Plan No.70.

 

Part 2 of ASP 70 outlines a number of site and design elements for the broader Two Rocks Town Centre area, including location of footpaths, view corridors locations of public open space etc. It is acknowledged that ASP 70 included these provisions as it predates the current Regulations and R-Codes. A large amount of this detail is now covered by the current planning framework, such as the Residential Design Codes (R-Codes). 

Table 1, Item 2, Clause 2.4 of ASP 70 sets out a number of these elements to be considered for inclusion within an LDP being prepared for all precincts within the structure plan area. These requirements are further supplemented through Tables 4, Clause 1.1, Table 5, Clause 1.1 and Table 6, Clause 1.1 which outline precinct specific elements to be achieved through an LDP.

 

ASP 70 sets out a target for the establishment of a vibrant town centre within Two Rocks, with a mix of land uses including commercial, restaurants/cafes and residential areas underpinned by the strong heritage elements and features remaining from the area’s historical use as the Atlantis Marine Park. ASP 70 considered the function of spaces and ‘precincts’ within the town centre, identifying that the southern portion of the site (Precinct E) would accommodate site responsive residential uses with key density sites as a ‘gateway’, with density and scale increasing towards the centre of the Town Centre (Precinct C & D). Through the subdivision, the ‘gateway site’ will be provided at Lots 1,2 and 12, with the central residential area having a R40 density code. The laneway lots to the north have been approved at an R80 density code as they transition closer to the centre.

 

It was envisaged that the function of the LDP would guide a number of design elements to address the variety of scales and building typologies. However, with current market demands as well as revised planning frameworks and regulations, the LDP presented provides a contemporary framework that works alongside current design documents such as the R-Codes, and the City’s policies to ensure appropriate dwelling design for the Two Rocks Town Centre.

 

The proposed LDP includes provisions 3, 4, 6 & 7 which is considered to satisfy the provisions which are still relevant today.

 

A review of each provision is included at Attachment 6.

 

Condition 8(b) – Lots 63-71, 73-80 and 58-62 to achieve the objectives of the City of Wanneroo local Planning Policy 4.27 – Mixed Use Zones.

 

The purpose of LPP 4.27 is to provide guidance for the consideration of development within the City’s Mixed-Use zones, including land classified as Mixed Use in the Urban Development zone or in any structure plan. The policy applies to all Mixed-Use zones in the City, except where it has been varied through a Structure Plan, Policy or Local Development Plan.

 

As part of the consideration of WAPC subdivision 162549, Administration recommended the application not be supported as the proposal was considered to be inconsistent with the requirements of LPP 4.27; specifically in relation to the minimum lot size being less than the 300m² as required by the policy.  However, this recommendation was set aside by the Commission and discretion applied to their decision.

 

In accordance with ASP 70, and as shown in Attachment 4, the majority of lots (with exception of Lots 1, 2 and 12) are zoned Mixed-Use. As such, LPP 4.27 and its objectives apply to all future development over these lots.

 

Administration considers that there is no requirement to vary LPP 4.27 as the lots are already required to satisfy the objectives of the policy and therefore there is no need to include Provision 1 in the LDP as this would be duplicating the policy provisions.

 

Accordingly, it is recommended that Provision 1 of the LDP is removed as the City’s LPP 4.27 already applies as the standard for any future development. 

 

Condition 8(c) – Lots 53-57: uniform visually permeable fencing, orientation and major openings to address public open space.

 

Condition 8(c) was applied in order to ensure that the public open space and pedestrian access way are appropriately addressed and overlooked by future residential development on the above lots.

 

The LDP includes provisions 5, 6 & 7 which require any future development on the abovementioned lots to be orientated, to overlook the POS and to maintain uniform visually permeable fencing to achieve the intent of Condition 8(c).

 

Condition 8(d) – Garage widths and locations being identified on all corner lots and Lots 26, 29, 30, 34-36, 43 & 46.

 

Condition 8(d) was imposed by the WAPC to facilitate safe and appropriate vehicle crossovers and garage design for corner and narrow frontage (10.5m) lots.

 

In relation to corner lots, the intent of identifying the garage location is to vary Clause 5.3.5 (C5.1) of the R-Codes which requires vehicular access to be provided to communal streets, right of ways, secondary streets and then primary streets in order of preference and where such access is available. As such, a garage provided to a primary street where a secondary street exists would not meet the ‘deemed-to-comply’ requirements of the R-Codes and would require a development application to be lodged. In reviewing the LDP, whilst a number of corner lots have an identified garage location, these constitute a ‘deemed-to-comply’ outcome as noted above as they are shown on the secondary street. A variation has only been identified for lots 47, 58 and 62 as the garage for the sites is shown on the primary street frontage where an alternative street is available.

 

In order to address this, and ensure clear and consistent LDPs, Administration recommends the inclusion of an additional provision stating:

 

          “For all corner lots, vehicular access is permitted to both the primary or secondary street.”

 

In doing so, this will vary Clause 5.3.5 of the R-Codes to enable the indicated design for the aforementioned lots to achieve a ‘deemed-to-comply’ outcome.

 

It is also recommended that Provision 2 be deleted and the Legend be modified to indicate ‘preferred garage location’ as to not imply the annotated location as being ‘mandatory’, enabling flexibility in the future dwelling designs. 

 

With respect to the narrow frontage lots, Provision 3 of the LDP has been included to address these requirements and states:

 

For lots 26, 29, 30, 34 – 36, 43 & 46 a double garage is permitted to a maximum width of 6m as viewed from the street subject to:

 

a)      A major opening to a habitable room directly facing the primary street;

b)      An entry feature consisting of a porch or veranda with a minimum depth of 1.2m; and

c)      No vehicular crossover wider than 4.5m where it meets the street.

 

Provision 3(a) is a deemed-to-comply outcome pursuant to Clause 5.2.3(C3.2) of the R-Codes. Clause 5.2.3 (C3.2) the R-Codes requires at least one major opening from a habitable room of the dwelling to face the street and the pedestrian or vehicular approach to the dwelling. Accordingly, this detail is not required within the LDP and it is recommended that Provision 3(a) be deleted.

 

Provision 3(b) was intended to be introduced through the Medium Density R-Codes, which have since been postponed. The inclusion of this requirement is supported as it will facilitate improved streetscape design and would otherwise be consistent with the intended design outcomes as envisioned by the draft Medium Density code.

 

Provision 3(c) varies the otherwise permitted 6 meter wide crossover under the R-Codes (3.7.3(ii)). The provision will reduce the overall width of driveway along the frontage of the respective lots, resulting in less hardstand. 

 

Provision 3 deals with the width of garages on narrow lots. This provision seeks to vary Clause 5.2.2(C2) of the R-Codes which requires:

 

“A garage door and its supporting structures (or a garage wall where a garage is aligned parallel to the street) facing the primary street is not to occupy more than 50% of the frontage at the setback line as viewed from the street.

 

This may be increased up to 60% where an upper floor balcony extends for more than half the width of the garage and its supporting structures (or a garage wall where a garaged is aligned parallel to the street) and the entrance to the dwelling is clearly visible from the primary street.”

 

All of the lots that Condition 8(d) applies to are noted to be lots with an approved width of 10.5 meters. This means lots would not be able to have a double garage, 50% of the frontage equates to 5.25 meters, with 60% equating to 6.3 meters.

 

Due to the narrow nature of the lots, a standard double garage (being 6 meters wide) would not comply with the requirements of Clause 5.2.2(C2) of the R-Codes. It is noted that the variation constitutes up to 0.75 meters of additional garage frontage. Despite this, the variation will not restrict the ability for major openings and passive surveillance to the street or result in extensive presence of garages from the street.

 

Accordingly, the provision is considered to meet the requirements of Condition 8(d) of WAPC subdivision approval 162549.

 

Conclusion

 

The LDP presented provides a contemporary framework that works alongside current design documents such as the R-Codes, and the City’s existing Scheme and policies to ensure appropriate dwelling design for the Two Rocks Town Centre. The draft LDP is acceptable in consideration of the requirements as set out under Condition 8 of WAPC subdivision approval 162549.

 

As outlined above, it is recommended the LDP be supported subject to the following modifications:

 

1.       Deletion of Provision 1 relating to Mixed-Use built form provisions;

2.       Deletion of Provision 2 relating to mandating garage locations;

3.       Inclusion of a new provision stating: For all corner lots, vehicular access is permitted to both the primary or secondary street;

4.       Deletion of Provision 3(a) requiring a major opening to the primary street for garages;

5.       Modification of LDP legend to indicate ‘Preferred Garage Location’; and

6.       Access restriction annotation extending the extent of Lot 2 as per WAPC approved subdivision 162549.

 

Statutory Compliance

 

This LDP has been processed in accordance with the requirements of DPS 2. It is recommended that the Local Development Plan be approved without modifications.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

7 ~ A well governed and managed City that makes informed decisions, provides strong community leadership and valued customer focused services

7.1 - Clear direction and decision making

Risk Appetite Statement

In pursuit of strategic objective goal 7, we will accept a Medium level of risk as the City balances the capacity of the community to fund services through robust cost-benefit analysis and pursues evidence-based decision making to be effective stewards of the Council and City for future generations.

 

Risk Management Considerations

 

Risk Title	Risk Rating
ST-S23 – Stakeholder Relationship	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to clause 51 of the deemed provisions for local planning schemes contained in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, CONSIDERS the submissions received in respect to Local Development Plan No. 3 as summarised in Administration’s response in Attachment 3;

2.       Pursuant to subclause 52(1)(a) of the deemed provisions for local planning schemes contained in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, APPROVES the Local Development Plan No. 3 included in Attachment 2 subject to the following modifications:

a.       Deletion of Provision 1 relating to Mixed-Use built form provisions;

b.      Deletion of Provision 2 relating to mandating garage locations;

c.       Inclusion of a new provision stating: For all corner lots, vehicular access is permitted to both the primary or secondary street;

d.      Deletion of Provision 3(a) requiring a major opening to the primary street for garages;

e.       Modification of LDP legend to indicate ‘Preferred Garage Location’; and

f.       Access restriction annotation extending the extent of Lot 2 as per WAPC approved subdivision 162549.

3.       Following the abovementioned modifications REQUEST Administration to EXECUTE the Local Development Plan No. 3 on behalf of Council in accordance with the Execution of Documents Policy; and

4.       ADVISES the submitters of its decision.

 

 

Attachments:

1⇩.	Attachment 1 - Location Plan	23/357386
2⇩.	Attachment 2 - DRAFT Local Development Plan No. 3 - Two Rocks Town Centre	23/357387
3⇩.	Attachment 3 - Schedule of Submissions LDP No. 3 - Two Rocks Town Centre	23/357390
4⇩.	Attachment 4 - ASP 70 Map	23/357392
5⇩.	Attachment 5 - Civil Concept Plans	23/357394
6⇩.	Attachment 6 - ASP 70 LDP Requirements	23/363970
7⇩.	Attachment 7 - SD162549 Approved Subdivision	23/380717

 

 

 

 

 

 

 

 

 

Strategic Land Use Planning & Environment

File Ref:                                              2079V02 – 23/211319

Responsible Officer:                          Director Planning & Sustainability

Attachments:                                       6         

 

Issue

To consider proposed modifications to draft Local Planning Policy 5.3: East Wanneroo (LPP 5.3) following public advertising.

Background

Council, at its meeting of 12 June 2023, adopted changes to LPP 5.3 for advertising. The changes were proposed to incorporate provisions to guide the implementation of the urbanisation of East Wanneroo by:

 

1)      Expanding the purpose of the policy to ensure that East Wanneroo is developed in a manner and standard which optimises community benefit and supplements the Western Australian Planning Commissions (WAPC‘s) Liveable Neighbourhoods Operational policy.

2)      Inclusion of policy objectives to:

a)      Provide guidelines on road design providing for wider reserves and requirements for footpaths and shared paths;

b)      Provide details for landscaping standards and street tree selection and landscaping to be planted;

c)      Develop design standards for parkland links and public open space;

d)      Outline development standards for works within the public realm;

e)      Detail information to be submitted to support local structure plans (LSPs); and

f)       Provide interpretation of the Liveable Neighbourhoods Operational Policy.

3)      Include the requirement for a District Sense of Place Statement to guide Local Sense of Place Statements required to be provided with LSPs.

4)      Additional wording to ensure that where a Local Developer Contribution Plan is required as part of a LSP, that it is prepared and adopted prior to any subdivision or development being approved.

 

The advertised version of LPP 5.3 is provided as Attachment 1.

Detail

As a result of public comment and further consideration, several changes are proposed to LPP 5.3 as described in the summary of submissions schedule (Attachment 3).  Some of the proposed changes include:

 

·        A number of additional street tree species have been added to the street tree schedule;

·        Enabling the submission of local structure plans, to the City but a recommendation will not be provided to the Department of Planning, Lands and Heritage (DPLH) unless the district developer contribution plan (DDCP) and an amendment to District Planning Scheme No. 2 (DPS 2) to rezone precincts to a development zone is substantially commenced;

·        Enabling agreements to be entered into between the City and developers where a local development contribution plan is required but is not sufficiently advanced.

 

A track changes version of LPP 5.3 is provided as Attachment 2.  A copy of the revised LPP 5.3 is provided as Attachment 3.

 

Consultation

 

The proposed changes to LPP 5.3 were advertised for a period of 42 days from 16 June to 28 July 2023.  Consultation was undertaken by way of:

 

·        Writing to the DPLH and other stakeholders including government agencies, the Urban Development Institute of Australia, land developers and planning consultants that have been active in the area;

·        Members of the East Wanneroo Community Reference Group;

·        Murdoch University (which is undertaking the ‘Keep Carnaby flying project’); and

·        Notice on the City’s website and on social media.

 

A total of 12 submissions and comments were received, comprising four objections (one from a resident and three from planning consultants/developers), eight submissions providing comments and no objections (five residents, two Government agencies and one University).

 

The main issues raised from consultation include:

 

·        Comments about the suitability of certain tree species and the extent of the range of tree species specified in the Street Tree Schedule;

·        Objections to the proposal to require certain streets to be wider than currently specified in Liveable Neighbourhoods; and

·        Timing for the submission of local structure plans and local development contribution plans.

 

A Schedule of Submissions and Administration’s comments is provided as Attachment 4.

Comment

The proposed changes to LPP 5.3 will provide greater direction and guidance to landowners and proponents on development and the local structure planning process for East Wanneroo.  The issues raised during consultation include comments on the tree species, the requirement for wider road reserves, the need for a LSP to be in place prior to the submission of subdivision applications and the need and timing of local development contribution plans.

 

In regard to the main issues raised, the following comments are made:

 

·        Tree species:- The City has proposed tree species that are suitable to the East Wanneroo environment, are of an appropriate size and nature to be compatible with the streets they are designated for and will result in desirable outcomes and streetscapes.  Comments received recommended the inclusion of a wider range of tree species in the tree schedule so that there is a greater range of choice and options for the various streets that will be created in East Wanneroo.  Administration supports this recommendation and has proposed a wider range of tree species as outlined in Attachment 4.

·        Road reserves:- LPP 5.3 has specified that certain road types are to be designed and constructed wider that has been the case in the past.  This is in order to assist in enabling activation through continuous tree canopy to achieve quality street environments that provide safe and comfortable spaces.  Some comments made did not support wider streets for a range of reasons including that it will affect lot yield, housing affordability, may compromise safety and will increase the amount of hard stand.  The variation to the Liveable Neighbourhoods (LN) standard is a deliberate approach to assist in achieving better streetscapes by requiring wider dimensions to make more space available for trees and landscaping.  Of the 15 road widths depicted in LPP 5.3, it is proposed that seven be developed wider that depicted in LN.  The balance are not proposed to be changed and are as depicted in the EWDSP. 

 

          The intent is to provide for a continuous tree canopy of shade along all streets and over footpaths that also enables provision of high-quality active transport corridors. While wider streets will enable for hardstand and make parking embayments more readily possible, the primary intent is that verge areas and medians will be wider not the hard stand vehicle carriageway areas. The purpose of the wider verges and medians is to make more space available for tree planting and to enable unimpeded growth.  More space for tree planting and landscaping will act to moderate the impact of Urban Heat Island effects to support the City’s Urban Forest Strategy. Attachment 5 shows a range of different road types providing a comparison of those with little or no landscaping and those that are landscaped. This highlights the preferred streetscape outcomes that can be achieved through tree planting and landscaping.

 

          It is acknowledged that requiring more land for road reserves will reduce the amount of land available for other uses. As noted, not all streets are proposed to be widened, it is the Neighbourhood Connectors A and B and Access streets A, B, C and D.  The subject road reserves that are proposed to be widened will range for a minimum of 0.6m (Neighbourhood Connector A) up to a maximum of 5.6m for Neighbourhood Connectors A that are rear loaded (these are roads where access to abutting properties is provided from rear laneways). The roads proposed to be widened are typically located within residential areas that can benefit from tree planting. Attachment 6 provides a comparison of road reserve widths as provided for in the EWDSP, Liveable Neighbourhoods and as proposed in LPP 5.3.

 

·        Local Structure Plans:- The need for LSPs is fundamental to orderly and proper planning and therefore it is reasonable that they are in place to guide and inform the subdivision and development of precincts. To enable subdivision prior to LSPs has the potential to undermine proper planning processes.

 

          A comment raised in the submission, however, states that it is inconsistent with State Planning Policy 3.6: Infrastructure Contributions (SPP 3.6) to require that the DDCP is substantially commenced prior to enabling LSP’s to be submitted.  To avoid any inconsistency with SPP 3.6, it is reasonable to accept LSPs where they are submitted complete with all supporting information and reports. Accepting LSPs enables concurrent assessment and demonstrates that the City is supportive of progressing development in East Wanneroo to deliver timely provision of housing.  In this regard, the City will work pro-actively with the DPLH and landowners/developers to ensure timely development can occur and that good planning outcomes are achieved. The City will, however, seek to ensure that there is sufficient clarity in place regarding development contributions at the time of subdivision so that all developers fairly and equitably contribute towards necessary infrastructure and community facilities.

 

          In this regard, it is noted that since the drafting of LPP 5.3 and following advertising, the City has received a LSP for Precinct 15 and two other LSPs for Precincts 7 and 8 are likely to be submitted before the end of the year.

 

·        Local Development Contribution Plans:- Comments submitted state that as per SPP 3.6 it is not reasonable that structure planning, subdivision and development be delayed on the basis that a DCP is not yet prepared. In terms of local DCPs it is noted that they are not and will not be required for all precincts but are likely to be required in some precincts. Where required, it is reasonable that they be substantially commenced to ensure that local infrastructure facilities will be able to be delivered in a timely a manner and that contributions are made equitably and fairly by all landowners and developers and potential costs to the City are avoided. It is necessary therefore, that where required, that local DCPs are submitted concurrently with LSPs to enable their inclusion in DPS 2 so that contributions may be collected.  If DCPs are not in place at the time a LSP is approved and prior to any subdivision or development applications, there is the potential to advantage those who are developing early as they may avoid paying contributions and those who develop later once a DCP is in place may have to pay a higher contribution to compensate for those who did not make a contribution.  Also, the cost of funding infrastructure could be required to be borne by the City if contributions are not received from landowners and developers. While it may be possible for the City to enter into agreements with individual landowners and developers, without a DCP in place or sufficiently advanced the amount of contribution to be collected is unknown.

 

Another matter raised related to street trees being damaged or removed by builders and/or landowners. In this regard, Administration will investigate options for the provision and retention of street trees.

 

Administration has carefully considered the comments made in the submissions received and made several changes and amendments to LPP 5.3 in response. Some fundamental matters including street widths, tree species and the timing and need for local development contribution plans have been maintained as these are elements that will contribute to East Wanneroo developing into an area with a strong sense of place. LPP 5.3 will be reviewed periodically, if and when required to address any changes in expectations and may evolve over time given the longevity of the development timeframe of the area.

Statutory Compliance

The policy review has been undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 and clause 4 and 5 of the Deemed Provisions of DPS 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

5 ~ A well planned, safe and resilient City that is easy to travel around and provides a connection between people and places

5.2 - Plan for and manage land use

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a Medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance and connection of alternatives to car use (e.g. cycle ways) and the supporting infrastructure.

 

Risk Management Considerations

 

Risk Title	Risk Rating
ST-S23 Stakeholder Relationships	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The revised LPP has been reviewed to ensure it is consistent with the East Wanneroo District Structure Plan.  Upon adoption by Council, the revised LPP 5.3 would supersede the existing policy currently on the City’s website.

Financial Implications

The cost of undertaking the necessary actions for Council to proceed with the revised LPP 5.3 can be met from existing operational budgets.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the submissions received as summarised in Attachment 4 in respect to Local Planning Policy 5.3: East Wanneroo and ENDORSES Administration’s responses to those submissions and ADVISES submitters of its decision;

2.       Pursuant to Clause 4(3)(b)(i) of the Deemed Provision of District Planning Scheme No. 2 PROCEEDS with Local Planning Policy 5.3: East Wanneroo included as Attachment 3;

3.       Pursuant to Clause 4(4) of the Deemed Provision of District Planning Scheme No. 2 PUBLISHES notice of its adoption of Local Planning Policy 5.3: East Wanneroo in accordance with Clause 87 and FORWARDS a copy of the adopted policy to the Department of Planning, Lands and Heritage for its information.

 

Attachments:

1⇩.	Attachment 1 - Local Planning Policy 5.3: East Wanneroo advertised version	23/181633
2⇩.	Attachment 2 - Local Planning Policy 5.3 East Wanneroo Track Changes following advertsing	23/383585
3⇩.	Attachment 3 - Local Planning Policy 5.3 East Wanneroo adopted version	23/383588
4⇩.	Attachment 4 - Local Planning Policy 5.3: East Wanneroo Summary of Submissions	23/271296
5⇩.	Attachment 5 - Road reserve images	23/388296
6⇩.	Attachment 6 - East Wanneroo road reserve widths comparison	23/387078

 

 

 

 

 

 

 

 

 

 

 

 

Approval Services

File Ref:                                              40528 – 23/262445

Responsible Officer:                          Director Planning & Sustainability

Attachments:                                       8         

 

Issue

For Council to consider:

 

·        Amendment No. 204 to the City’s District Planning Scheme No. 2 (DPS 2) following a public advertising period; and

·        Requesting the WAPC amend East Wanneroo Cell 3 (Wanneroo) Agreed Structure Plan No. 5 (ASP 5).

Background

The land subject of Amendment No. 204 to DPS 2 (Amendment No. 204) is located in the Wanneroo locality, as shown in Attachment 1 (subject area).

 

ASP 5 was adopted in January 2001 to guide subdivision and development over the subject area. The current ASP 5 map is included as Attachment 2. The subject area is mostly subdivided, with exception of four remaining lots.

 

The subject area is also zoned Residential under DPS 2 as shown on the plan included in Attachment 3. Although a density code (R-Code) is applied over all residential lots in ASP 5, R-Codes are only applied in DPS 2 for some of the residential lots, generally to the south of Belgrade Road. Attachment 3 shows the lots which are coded R20 as well as lots which have no density code under DPS 2.

 

Amendment No. 204 ensures that an R-Code will be applied in DPS 2 over all lots in the subject area, consistent with the densities set out in ASP 5. ASP 5 still needs to remain in place to guide further subdivision, particularly over the four undeveloped lots remaining in the structure plan area.

 

Council previously initiated Amendment No. 204 at its 12 June 2023 meeting (PS02-06/23), and made a resolution as outlined in Attachment 4. The resolution also outlined how Amendment No. 204 would be presented to a subsequent Council meeting following advertising.

 

As this report recommends Council support Amendment No. 204, an additional resolution can now also be made to request the WAPC consider amending ASP 5.

Detail

The purpose of Amendment No. 204 is to better align the provisions in DPS 2 with ASP 5. This is to be done by providing an R-Code over various lots that are already zoned Residential but lack an R-Code in DPS 2. Amendment No. 204 seeks to modify the DPS 2 map to the extent outlined in Attachment 5.

 

Amendments Required to ASP 5

 

Council at its 12 June 2023 meeting resolved for a statement to be included in Amendment No. 204 (refer to Council’s resolution in Attachment 4) to enable the WAPC to amend ASP 5 in the following manner:

 

·        Modify the structure plan map to show how DPS 2 sets the zone and R-Codes over land within the structure plan area.

 ·       Delete a provision in ASP 5 that prescribes the structure plan having the same “force and effect” of a local planning scheme. While this statement was accurate at the time ASP 5 was prepared, this provision is now contrary to the deemed provisions for local planning schemes (deemed provisions) contained in the Regulations. Structure plans can no longer have the force and effect of DPS 2, as they are now ‘due regard’ documents.

·        Update the provisions in ASP 5 relating to the ‘Residential Precinct’, in light of the land being zoned Residential in DPS 2.

 

The extent of modifications proposed to the ASP 5 map and text are outlined in Attachment 6.

Consultation

On 5 July 2023, the Environmental Protection Authority (EPA) determined that a formal assessment under Part IV of the Environmental Protection Act 1986 was not warranted. However, the EPA did provide advice on the amendment proposal, as discussed further in the Comment section below.

 

Amendment No. 204 was then advertised pursuant to the Regulations for a period between 27 July and 8 September 2023 by way of the following:

 

·        An advertisement in the 27 July 2023 edition of the Perth Now – Wanneroo local newspaper;

·        Having the amendment available for viewing on the City’s website and Civic Centre;

·        Notification to Department of Planning, Lands and Heritage – being the only public authority identified as potentially having any interest on the amendment proposal; and

·        Letters to all landowners and occupiers of land in which an R-Code was being introduced through Amendment No. 204.

 

Recent amendments to the Planning and Development Act 2005, which came into effect on 1 August 2023, now require the Minister for Planning grant an approval for a local planning scheme amendment to be advertised. However, as Amendment No. 204 was initiated prior to 1 August 2023, the Minister’s approval was not required to advertise this proposal.

 

During the advertising period, the City received submissions from the Water Corporation and the Department of Biodiversity, Conservation and Attractions (DBCA). Comments made in the submissions received are as follows:

 

·        Water Corporation misconstrued that Amendment No. 204 was proposing an ‘up-coding’ of the subject area – but confirmed that the network had capacity to support what was being proposed. As outlined in the Background and Detail section of this report, Amendment No. 204 ensures that an R-Coding is applied in DPS 2 over all lots in the subject area, consistent with the densities set out in ASP 5; and

·        Water Corporation has a planned distribution main running through the subject area, to connect to the adjoining Wanneroo elevated tank. Administration considers that Amendment No. 204 should not interfere with Water Corporation’s ability to maintain or upgrade services in the subject area.

·        DBCA had no comment to make on Amendment No. 204 on the basis that environmental matters can be addressed through future planning stages. This is different to advice received from the EPA, who expressed that the planning framework be modified to address environmental matters. Further discussion on this issue is provided in the Comment section below.

 

Attachment 7 provides a more detailed summary of submissions, and Administration’s responses, in a format to be forwarded to the WAPC.

Comment

EPA Advice

 

In its advice provided to the City, the EPA noted that whilst Amendment No. 204 is administrative in nature, there is land that is undeveloped and which contains environmental values. In particular, the EPA noted that:

 

·        The amendment area contains approximately 2.5 hectares of remnant vegetation, some of which is considered to be in very good condition; and

·        The remnant vegetation onsite has been regionally classified as ‘Banksia woodlands of the Swan Coastal Plain’ Threatened Ecological Community which is listed as ‘endangered’ under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999; and

·        The vegetation is potentially a Carnaby’s black cockatoo habitat.

 

In light of its observations, EPA recommended that local development plans (LDP’s) be approved prior to subdivision or development on land where environmental values may exist. The EPA recommends that LDP’s:

 

·        Include provisions relating to the retention and protection of fauna habitat – as well as flora and vegetation values to be incorporated into the design of future on-site development; and

·        Identify and retain potential black cockatoo breeding trees and consolidated areas of native vegetation for black cockatoo foraging and breeding habitats.

 

To enact on EPA’s recommendation, a requirement for LDP’s to be approved prior to subdivision or development would need to be introduced into ASP 5 as a modification. Administration’s response is to not enact the EPA’s recommendation, for reasons as summarised below:

 

·        Amendment No. 204 is administrative in nature and does not materially change the existing planning framework guiding the subdivision and development of lots in the ASP 5 area;

·        The WAPC’s new ‘WA Planning Manual: Guidance for Structure Plans’ (Structure Plan Guidelines), published on 30 August 2023, informs how amendments to structure plans (resulting from a scheme amendment) should be prepared. The Structure Plan Guidelines discourage additional changes through such structure plan amendments beyond what is required to undertake the corelating scheme amendment; and

·        EPA’s position is contrary to that expressed in the submission received by the DBCA, as summarised in Attachment 7. The DBCA submission expressed that relevant environmental matters can be addressed through future planning (e.g. through at subdivision and development stages).

 

The Environmental Protection Act 1986 exempts the need for a Clearing Permit if the removal of vegetation is in accordance with a subdivision approval. However, the WAPC in considering subdivision applications can refer a proposal to the DBCA and the Department of Water and Environmental Regulation (DWER) for comment. Referral to these agencies can occur without it being required through a structure plan. Responses from DBCA and DWER may then inform the WAPC’s decision made on a subdivision proposal or the conditions it imposes (e.g. for an LDP to be prepared).

 

Comment on Amendments to ASP 5

 

Should Amendment No. 204 be approved, Administration considers that amendments to ASP 5 should then be undertaken by the WAPC pursuant to Clause 29A(2) of the deemed provisions. The amendments to the ASP 5 map and text proposed by Administration are included as Attachment 6, as well as being summarised in the Detail section above. The submissions received through advertising do not warrant a reconsideration of the structure plan amendments proposed.

 

The Regulations (Regulation 35A) make provision for when an amendment to a local planning scheme affects a structure plan area, the amendment includes a statement that when the amendment takes effect:

 

(a)     the approval of the structure plan is to be revoked; or

(b)     the structure plan is to be amended in accordance with the statement; or

(c)     the approval of the structure plan is not affected.

 

Amendment No. 204 already includes a statement in accordance with Regulation 35A(b) of the Regulations, allowing ASP 5 to be amended on approval of Amendment No. 204. That statement was endorsed by Council at its 12 June 2023 meeting and a copy of the resolution from that meeting is included in Attachment 4.

 

Extension of the ASP 5 Approval Duration Period

 

Under Clause 28 of the deemed provisions, a structure plan has effect for a period of ten years, unless another period of time is determined by the WAPC. For structure plans approved prior to 19 October 2015 (which ASP 5 was), the date of approval under the deemed provisions is taken to be from 19 October 2015.

 

Both the deemed provisions and the Structure Plan Guidelines outline the possibility for the duration of a structure plan to be extended. The Structure Plan Guidelines provide a range of considerations for the WAPC to determine an extension to a structure plan approval period, as listed below:

 

·        The extent of subdivision and/or development uptake in the structure plan area, and whether the plan has been largely implemented.

·        The plan’s delivery progress based on its set purpose, vision, and objectives, and whether implementation of the plan is aligning with its set targets.

·        Government priorities, any applicable planning strategy and policy framework, and whether significant changes to these have occurred since the plan was approved.

·        If consultation with the community and key stakeholders should be undertaken to confirm and adjust the direction and next stages of the plan.

·        Whether important infrastructure has or will become available, and whether adjustments will need to be made to the plan as a result.

 

Key reasons that Administration believes that an extension of ASP 5 would not conflict with the above listed considerations are outlined below:

 

·        ASP 5 has largely been implemented. There are now only four lots remaining in the ASP 5 in which any subdivision and development can occur. Collectively, the four lots comprise of only ten per cent of the structure plan area;

·        The objectives of the Residential Zone in ASP 5 have been met through existing subdivision and development to date. These objectives need to remain within a structure plan for an extended time period so that residential development can be delivered consistently throughout the ASP 5 area; and

·        The City’s intentions to extend the approval period of ASP 5 were expressed in Scheme Amendment documentation made public when Amendment No. 204 was being advertised. No submissions were received from affected landowners and occupiers that suggest ASP 5 requires adjustment – or for the approval period to not be extended.

 

The WAPC has a specific form (being Form 5D – Application to Extend the Approval of a Structure Plan) that can be used to request the duration of a structure plan be extended. A blank copy of this form is provided in Attachment 8. It is recommended that Council requests Administration complete this form on the City’s behalf; and forward it to the WAPC for consideration.

 

In the previous report to Council on this matter, Administration had advised that it recommend the duration of ASP 5 be extended by a five-year period, to 19 October 2030. However, Council has since initiated Amendment No. 208 to DPS 2 at its 15 August 2023 meeting (PS01-08/23), which proposes a 30 June 2032 operation closure date for Cell 3 (in which ASP 5 relates). Administration is hopeful that development will be completed before this date and will work with landowners to facilitate this occurring.

 

To coincide with what is proposed with Amendment No. 208, Administration is now recommending a request to the WAPC be made for the duration period for ASP 5 to be extended to 30 June 2032.

 

Even if Amendment No. 208 does not progress toward a final approval by the Minister for Planning, extending the duration period for ASP 5 to 30 June 2032 is sufficient to allow subdivision and development to occur on the remaining development sites in the structure plan area.

Statutory Compliance

Amendment No. 204 can be processed in accordance with the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Following the Minister for Planning’s approval of Amendment No. 204, the WAPC should undertake an amendment to the East Wanneroo Cell 3 (Wanneroo) Agreed Structure Plan No. 5; pursuant to Clause 29A(2) of the deemed provisions for local planning schemes, provided in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. This can occur, as Council has previously resolved to include a statement in the amendment to that effect, pursuant to Regulation 35A(b) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

5 ~ A well planned, safe and resilient City that is easy to travel around and provides a connection between people and places

5.2 - Plan for and manage land use

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a Medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance and connection of alternatives to car use (e.g. cycle ways) and the supporting infrastructure.

 

Risk Management Considerations

 

Risk Title	Risk Rating
CO-O15 – Project Management	Low
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

The above risk relating to the issues contained within this report has been identified and considered within the City’s Corporate Risk Register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

Amendment No. 204 is being processed noting the WAPC-prepared ‘WA Planning Manual: Guidance for Structure Plans’ in respect to the relationship between structure plans and local planning schemes.

Financial Implications

The costs of preparing and processing Amendment No. 204 to DPS 2, as well as preparing the information to assist the WAPC amend ASP 5, can be met from the current Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       NOTES the submissions received in respect of Amendment No. 204 to District Planning Scheme No. 2, as summarised with Administration’s responses as outlined in the Report and in Attachment 7;

 

2.       Pursuant to Regulation 50(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUPPORTS Amendment No. 204 to District Planning Scheme No. 2 without further modification;

 

3.       AUTHORISES the Mayor and the Chief Executive Officer to SIGN and SEAL Amendment No. 204 to District Planning Scheme No. 2 documents in accordance with the City’s Execution of Documents Policy;

 

4.       Pursuant to Regulation 53(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, PROVIDES the advertised Amendment No. 204 to District Planning Scheme No. 2 to the Western Australian Planning Commission;

 

5.       REQUESTS the Western Australian Planning Commission amend the City of Wanneroo’s East Wanneroo Cell 3 (Wanneroo) Agreed Structure Plan No. 5, pursuant to Schedule 2, Clause 29A(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, consistent with the proposed modifications outlined in Attachment 6, after the Minister for Planning approves Amendment No. 204 to District Planning Scheme No. 2; and

 

6.       NOTES that Administration will complete the Western Australian Planning Commission’s Form 5D, requesting that the Western Australian Planning Commission consider extending the approval duration of the City of Wanneroo’s East Wanneroo Cell 3 (Wanneroo) Agreed Structure Plan No. 5 to 30 June 2032; and

 

7.       ADVISES submitters of this decision.

 

 

Attachments:

1⇩.	Attachment 1 - Location Plan of East Wanneroo Cell 3 Area	22/404283
2⇩.	Attachment 2 - Current Agreed Structure Plan No. 5 (Cell 3) Map	22/404287
3⇩.	Attachment 3 - District Planning Scheme No. 2 Map Extract of East Wanneroo Cell 3 Area	22/408506
4⇩.	Attachment 4 - Previous Amendment No. 204 Council Resolution - 12 June 2023 (PS02-06/23)	23/275223
5⇩.	Attachment 5 - Scheme (Amendment) Map - Amendment No. 204 to District Planning Scheme No. 2	22/404293
6⇩.	Attachment 6 - Extent of Modifications Proposed to East Wanneroo Cell 3 (Wanneroo) Agreed Local Structure Plan No. 5 - Map and Text	23/275253
7⇩.	Attachment 7 - Submission Schedule - Amendment No. 204 to District Planning Scheme No. 2	23/331416
8⇩.	Attachment 8 - Western Australian Planning Commission Form 5D - Application to Extend the Approval of a Structure Plan	22/444361

 

 

 

 

 

File Ref:                                              47008 – 23/262451

Responsible Officer:                          Director Planning & Sustainability

Attachments:                                       5         

Issue

For Council to consider:

 

·        Amendment No. 207 to the City’s District Planning Scheme No. 2 (DPS 2) following a public advertising period; and

·        Requesting the Western Australian Planning Commission (WAPC) to revoke the Hainsworth Local Structure Plan No. 98 (ASP 98).

Background

The land subject of Amendment No. 207 to DPS 2 (Amendment No. 207) is located in Girrawheen, as shown in Attachment 1 (subject area). The subject area was previously occupied by Hainsworth Primary School, which closed in 2010.

 

ASP 98 was adopted in June 2015 to guide subdivision and redevelopment of the former school site. The subject area has now been subdivided into 113 residential lots with all but ten built on.

 

The subject area is currently zoned ‘Urban Development’ under DPS 2, which operates as an interim (or transitional) zone for areas undergoing subdivision and development – and forms the basis for preparing structure plans such as ASP 98.

 

Being a transitional zone, the Urban Development Zone is not intended to remain over land once development has largely been completed. Once this has occurred, the zoning can undergo ‘normalisation’, meaning that it can be rezoned in DPS 2 to a specific zone (such as Residential) that is reflective of the actual land use. Any effect that a structure plan has over such areas can also be removed by way of amendment or revocation of the structure plan.

 

This process of normalising structure plan areas is part of the City’s ongoing approach to simplify the planning system and reduce complexity for the City’s stakeholders. Normalisation makes it simpler for landowners to understand the relevant planning controls for their property by reducing the number of planning documents relevant to the decision-making process. This aligns with the City’s goal to provide for well-planned land uses to support the economy, the growing community and environment.

 

Council previously initiated Amendment No. 207 at its 12 June 2023 meeting (PS03-06/23), and made a resolution as outlined in Attachment 2. The resolution also outlined how Amendment No. 207 would be presented to a subsequent Council meeting following advertising.

 

As this report recommends Council support Amendment No. 207, an additional resolution can now also be made to request the WAPC consider revoking ASP 98.

Detail

Amendment No. 207 is proposing to take the zones, reserves and residential density codes (R-Coding) set out within ASP 98 and insert them into DPS 2.

The changes proposed through Amendment No. 207 to DPS 2 are shown on the Scheme (Amendment) Map included in Attachment 3. For comparison, the current ASP 98 map is provided in Attachment 4.

 

Following the Minister for Planning’s approval of Amendment No. 207 to DPS 2, the WAPC can consider revoking its approval of ASP 98. Council at its 12 June 2023 meeting already resolved to incorporate a statement into the Amendment No. 207 proposal allowing ASP 98 to be revoked.

Consultation

In accordance with Council’s 12 June 2023 resolution, Amendment No. 207 was referred to the Environmental Protection Authority (EPA) for comment. On 5 July 2023, the EPA determined that a formal assessment under Part IV of the Environmental Protection Act 1986 was not warranted.

 

Pursuant to the Regulations, and Council’s 12 June 2023 resolution, Amendment No. 207 was then advertised for a period between 27 July and 8 September 2023 by way of the following:

 

·        An advertisement in the 27 July 2023 edition of the Perth Now – Wanneroo local newspaper;

·        Having the amendment available for viewing on the City’s website and Civic Centre;

·        Notification to Department of Planning, Lands and Heritage – being the only public authority identified as potentially having any interest on the amendment proposal; and

·        Letters to all landowners and occupiers of land in the subject area.

 

Recent amendments to the Planning and Development Act 2005 which came into effect on 1 August 2023, now require the Minister for Planning to grant an approval for a local planning scheme amendment to be advertised. However, as Amendment No. 207 was initiated prior to 1 August 2023, the Minister’s approval was not required to advertise this proposal.

 

One submission was received during the advertising period, which was supportive of the proposal. A summary of the points raised in the submission, and Administration’s responses, is provided in Attachment 5.

Comment

Residential Design Standards

 

Currently, the residential lots in the subject area have an R-Coding of R40 and R60 under ASP 98. Residential development on these lots is to conform with the provisions contained in State Planning Policy 7.3: Residential Design Codes (R-Codes).

 

In addition to the R-Codes, built form requirements for residential development in the ASP 98 area are also contained within:

 

·        Section 6 of ASP 98, which makes specific provision for:

o   Orientation of development on corner lots;

o   Setbacks to boundaries abutting public open space; and

o   Reduced street setbacks to that prescribed in the R-Codes; and

·    Four local development plans (LDP’s) providing for site-specific development outcomes for selected lots. All the remaining lots yet to be built on are subject to an LDP. The LDP’s will remain in place should Amendment No. 207 be approved and ASP 98 be revoked.

 

Variations to the R-Codes could also be applied in respect to building and garage setbacks, open space, parking, visual privacy and solar access, as prescribed in the City’s Local Planning Policy 4.19: Medium Density Housing Standards (LPP 4.19). ASP 98 currently allows these medium-density housing standards (or R-MD standards) to apply over the structure plan area. The R-MD standards are in addition to the LDP’s in place over the subject area.

 

Amendment No. 207 was prepared on the presumption that updated medium-density housing standards would be introduced in September 2023 through the gazettal of updated R-Codes. However, the gazettal of updated R-Codes has now been deferred indefinitely by the State Government.

 

In the previous report on this matter (PS03-06/23), Administration had set out the extent of amendments it could pursue to the LDP’s. However, given the deferral of updated R-Codes coming into effect, Administration will reconsider the extent of any amendments needed to the LDP’s once ASP 98 has been revoked and the R-MD standards no longer have effect.

 

Differences between Structure Plan Maps and Existing Road Layout

 

Although what is proposed in Amendment No. 207 is generally consistent with what is outlined in ASP 98, there are some minor inconsistencies. The inconsistencies are due to the final road and lot layout which has been developed in the subject area (refer Attachment 1) being different to what is shown in ASP 98 (refer Attachment 4).

 

Comment on Revocation of ASP 98

 

The Regulations (Regulation 35A) make provision for when an amendment to a local planning scheme affects a structure plan area, the amendment includes a statement that when the amendment takes effect:

 

(a)     the approval of the structure plan is to be revoked; or

(b)     the structure plan is to be amended in accordance with the statement; or

(c)     the approval of the structure plan is not affected.

 

Amendment No. 207 already includes a statement in accordance with Regulation 35A(a) of the Regulations, allowing ASP 98 to be revoked on approval of Amendment No. 207. That statement was endorsed by Council at its 12 June 2023 meeting and included within a copy of the resolution from that meeting included in Attachment 2. The WAPC’s revocation of ASP 98 should then be undertaken by the WAPC pursuant to Clause 29A(1) of the deemed provisions.

Statutory Compliance

Amendment No. 207 to DPS 2 is continuing to be processed in accordance with the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Following the Minister for Planning’s approval of Amendment No. 207, the WAPC can revoke the Hainsworth Local Structure Plan No. 98 pursuant to Clause 29A(1) of the deemed provisions for local planning schemes, provided in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. This can occur, as Council previously resolved to include a statement in the amendment to that effect, pursuant to Regulation 35A(a) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

5 ~ A well planned, safe and resilient City that is easy to travel around and provides a connection between people and places

5.2 - Plan for and manage land use

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a Medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance and connection of alternatives to car use (e.g. cycle ways) and the supporting infrastructure.

 

Risk Management Considerations

 

Risk Title	Risk Rating
CO-O15 – Project Management	Low
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

The above risk relating to the issues contained within this report has been identified and considered within the City’s Corporate Risk Register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

Amendment No. 207 is being processed noting the WAPC-prepared ‘WA Planning Manual: Guidance for Structure Plans’ in respect to the relationship between structure plans and local planning schemes.

Financial Implications

The costs of preparing and processing Amendment No. 207 to DPS 2, as well as preparing the information to assist the WAPC revoke its approval of ASP 98, can be met from the current Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

 

1.       CONSIDERS the submission received in respect of Amendment No. 207 to District Planning Scheme No. 2, as summarised with Administration’s response in Attachment 5;

 

2.       Pursuant to Regulation 50(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015, SUPPORTS Amendment No. 207 to District Planning Scheme No. 2 without further modification;

 

3.       AUTHORISES the Mayor and the Chief Executive Officer to SIGN and SEAL Amendment No. 207 to District Planning Scheme No. 2 documents in accordance with the City’s Execution of Documents Policy;

 

4.       Pursuant to Regulation 53(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, PROVIDES the advertised Amendment No. 207 to District Planning Scheme No. 2 to the Western Australian Planning Commission;

 

5.       REQUESTS the Western Australian Planning Commission revoke the City of Wanneroo’s Hainsworth Local Structure Plan No. 98, pursuant to Schedule 2, Clause 29A(1) of the Planning and Development (Local Planning Schemes) Regulations 2015; after the Minister for Planning approves Amendment No. 207 to District Planning Scheme No. 2; and

 

6.       ADVISES the submitter of this decision.

 

 

Attachments:

1⇩.	Attachment 1 - Location Plan - Hainsworth Structure Plan Area in Girrawheen Locality	23/183311
2⇩.	Attachment 2 - Previous Amendment No. 207 Council Resolution - 12 June 2023 (PS03-06/23)	23/276486
3⇩.	Attachment 3 - Scheme (Amendment) Map - Proposed Amendment No. 207 to District Planning Scheme No. 2	23/97012
4⇩.	Attachment 4 - Hainsworth Local Structure Plan No. 98 Map	23/29944
5⇩.	Attachment 5 - Submission Schedule - Amendment No. 207 to District Planning Scheme No. 2	23/329567

 

 

 

 

 

 

 

 

Assets

Asset Operations & Services

File Ref:                                              3120V015 – 23/326510

Responsible Officer:                          Director Assets

Attachments:                                       1         

Issue

To consider petition PT01-08/23, requesting a traffic survey for either speed reduction or installation of Traffic Signals at the intersection of Jacaranda Drive and Wanneroo Road, Wanneroo.

Background

The intersection of Ocean Reef Road and Wanneroo Road is one of the busiest intersections in Perth’s North Metropolitan area. The intersection was upgraded to a grade separated intersection to alleviate congestion and improve journey times, with works completed in August 2020.

 

As intended, the intersection improvements now allow the free flow of traffic along Wanneroo Road past Ocean Reef Road, however residents using the side roads between the Wanneroo Townsite and Ocean Reef Road indicate that they find it difficult to access Wanneroo Road in both the morning and afternoon peak periods as there are now few gaps in the traffic. This has prompted the residents using Jacaranda Drive to submit a petition requesting the City to carry out a traffic survey to demonstrate the requirement for either a speed reduction to 60km/h on Wanneroo Road between Jacaranda Drive and Scenic Drive, or the installation of Traffic Signals at the intersection of Jacaranda Drive and Wanneroo Road.

 

Council received petition PT01-08/23 on 27 July 2023 signed by 56 signatories. Of the signatories, 13 reside in Jacaranda Drive, 9 reside in Decora Court, 4 reside in Cyclamen Court, 1 reside in James Spiers Drive, 17 reside in Kentia Loop, 4 reside in Tamarisk Avenue, 2 reside in Agonis Place, 4 reside in Calophylla Court, 1 in Scenic Drive and 1 in Canna Place.

 

The Petition States:

“We request for the Council and Main Roads to conduct a traffic survey with the below options to be considered:

1.       Moving the speed limit reduction of 60 km/h a further 900 metres to the south of Jacaranda Drive.

          And/or

2.         The installation of traffic lights at Jacaranda Drive and Wanneroo Road intersection”

Detail

Wanneroo Road is a four-lane dual carriageway Primary Distributor Road managed by Main Roads WA (MRWA). It is a designated Restricted Access Vehicle heavy vehicle route to cater for freight traffic. The current posted speed limit on Wanneroo Road between Ocean Reef Road and San Rosa Road, past the Jacaranda Drive intersection is 70km/h.

 

The MRWA Traffic Digest shows the following traffic data for this section of Wanneroo Road:

 

·        Average Weekday Volume:                      42,430 vehicles per day.

·        AM peak:   3,377 vehicles per hour        1,162 northbound, 2,215 southbound

·        PM peak:   3,700 vehicles per hour        2,467 northbound, 1,233 southbound

·        85th percentile speed                               70.7km/h northbound, 71.3km/h southbound

 

Jacaranda Drive is a two-lane single carriageway access road. The City carried out a traffic survey in Jacaranda Drive west of Wanneroo Road in August 2023, with the following results:

 

·        Average Weekday Volume:                      601 vehicles per day.

·        AM peak:                                                   49 vehicles per hour

·        PM peak:                                                   53 vehicles per hour.

 

Delays at the intersection were assessed using anonymised phone data, with the following results:

 

·        Delay AM Peak:           Average:    6.5 seconds         Peak:          19 Seconds

·        Delay PM Peak:           Average:    11.5 seconds       Peak:          29 Seconds

 

The intersection of Jacaranda Drive and Wanneroo Road is a T-Junction with full movement. Wanneroo Road has a 12m wide median, allowing vehicles to take refuge in the median before crossing the remaining two lanes of traffic. There is a 63m long right turn auxiliary lane installed in the southbound carriageway of Wanneroo Road north of Jacaranda Drive to facilitate right turning traffic.

 

The City has a subscription to a data analytic technology (TomTom) that collects data from anonymous consumer driven GPS based measurements. The data is from signals collected from anonymous vehicles’ in-dash navigation systems, portable navigation devices and anonymous GPS equipped mobile phones. The intersection of Wanneroo Road and Jacaranda Drive was analysed using anonymised phone data between 7- 14 August 2023. This indicated that during the peak hours, the usual delay at the intersection for traffic exiting Jacaranda Drive was observed to be aproximately 13 seconds with a maximum delay of 29 seconds observed on Wednesday 9 August 2023.

 

In accordance with the Austroads Guide to Traffic Management part 3, Jacaranda Drive is performing at Level of Service B with minimal intersection delays.

Consultation

The request was discussed with MRWA to seek their feedback on the issues raised, with the advice received that MRWA would not support Traffic Signals at this intersection.

Comment

The traffic data analytic technology does not provide the actual numbers of vehicles turning at the intersection, however it does show the overall traffic patterns of the vehicles, which allows the level of service to be determined. In this instance, this data is considered appropriate and sufficient to measure turning movements, queue length and delays whilst a tube count is undertaken side by side.

 

The review of the five-year crash history (2018-2022) shows one property damage only rear end crash at the intersection of Jacaranda Drive and Wanneroo Road. MRWA have advised that with the low crash history and low traffic volume turning at the intersection they would not support the installation of Traffic Signals at the intersection of Wanneroo Road and Jacaranda Drive.

 

However there are 12 reported mid-block crashes along the section of Wanneroo Road between San Rosa Road and Scenic Drive where the speed reduction is requested and a further 8 at the intersections that occur on this section of road, indicating that a reduction in speed from San Rosa Road to Scenic Drive, as shown in Attachment 1 may have benefits in reducing the number of accidents on this section of road.

 

While speed has not been recorded as a factor in these crashes, extending the 60kph speed zone on Wanneroo Road to Scenic Drive will help to reduce the severity of the accidents that occur on this section of road due to the reduced vehicle speeds.

 

Extending the 60kph speed zone and reducing through vehicle speeds will also benefit those residents that use the side roads between the Wanneroo Townsite and Ocean Reef Road to access Wanneroo Road in both the morning and afternoon peak periods.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

5 ~ A well planned, safe and resilient City that is easy to travel around and provides a connection between people and places

5.4 - People can move around easily

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a Medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance and connection of alternatives to car use (e.g. cycle ways) and the supporting infrastructure.

 

Risk Management Considerations

 

Risk Title	Risk Rating
CO-023 Safety of Community	Medium
Accountability	Action Planning Option
Director Community & Place	Manage

 

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

All costs associated with the replacement of speed signs, if supported will be the responsibility of Main Roads.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES that the intersection of Jacaranda Drive and Wanneroo Road does not meet the Main Roads WA requirements for the installation of Traffic Signals;

2.       REQUESTS Administration to submit a speed zoning review request to Main Roads WA, requesting a reduction of the speed limit from 70km/h to 60km/h on Wanneroo Road between San Rosa Road and Scenic Drive due to the number of reported crashes on this section of road; and

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

 

 

 

Attachments:

1⇩.

Location Map Petition No PT01-08_23 Jacaranda Dr_Wanneroo Rd Wanneroo0

23/364351

 

 

 

 

 

 

 

 

 

 

 

 

 

File Ref:                                              23897 – 23/323587

Responsible Officer:                          Director Assets

Attachments:                                       10         

 

Issue

To consider the community engagement responses to preliminary plan and profile detailed design and final land requirement plans for the Gnangara Road upgrade from Hartman Drive to Mirrabooka Avenue.

Background

Council at its meeting held 15 March 2022 (refer Item AS01-03/22), endorsed the upgrade of Gnangara Road to a 4-lane dual carriageway from Hartman Drive to Mirrabooka Avenue as follows:

1.       NOTES that realignment and upgrade of Gnangara Road WEST of Hartman Drive is subject to the timing of MRWA upgrades to the Whitfords Avenue and Wanneroo Road intersection;

2.       REQUESTS Administration to write to the Minister for Transport, the City of Joondalup and MRWA to advocate for the required funding and resource commitment to deliver the Wanneroo Road / Gnangara Road intersection upgrade as soon as possible;

3.       ENDORSES Option 5 for the upgrade of Gnangara Road as described in the comments section of this report to for the purpose to undertake community engagement by the end of 2022;

4.       APPROVES the proposed construction of the Gnangara Road upgrade WEST of Hartman Drive to be listed in the City’s Long Term Financial Plan for completion by 2030/2031;

5.       APPROVES the proposed construction of the Gnangara Road upgrade EAST of Hartman Drive to be listed in the City’s Long Term Financial Plan for completion by 2040/2041; and

6.       REQUESTS Administration to prioritise the outstanding detailed design works for Gnangara Road as listed in the 2021/22 Capital Works Program and remaining land acquisition.

Administration completed preliminary plan and profile detailed designs and undertook community engagement with businesses and property owners adjacent to the project area to provide an update on project development and opportunity for feedback on the plans.

Properties where land acquisition is also required as identified by the preliminary detailed designs and the East Wanneroo Cell 8 Structure plan were also provided copies of final land requirement plans.

Cost estimates for constructing Gnangara Road were included in the annual review of costs for the Developer Contribution Plans (DCPs) for the East Wanneroo Cells 6, 7 and 8.   Council on 10 October 2023 approved public consultation on the revised cost estimates (including the revised land acquisition areas) and this advertising will close on 4 December 2023 and will be submitted to Council for adoption in early 2024.

Detail

Whilst Gnangara Road’s function is consistent along its length, Administration considers it appropriate to refer to Gnangara Road in two distinct portions, namely west and east of Hartman Drive (refer Attachment 1), due to differing property access arrangements and traffic volume distribution on each.

 

Gnangara Road EAST of Hartman Drive, Hartman Drive to Mirrabooka Avenue

 

Gnangara Road east of Hartman Drive currently carries 11,404 vehicles per day and comprises of a 2-lane single carriageway from Hartman Drive to Mirrabooka Avenue including a roundabout at Prestige Parade and various T-intersection treatments at Cowle Street, Mosey Street, Callaway Street and Destiny Way. Situated in the Wangara Industrial Area, there is direct access to all properties with full movement permitted.

 

Upgrade of this section of Gnangara Road is the responsibility of the City to deliver and in addition to DCP funding, the City will also seek 2/3 state government funding by Main Roads WA under the annual Road Improvement grant funding program when warranted by traffic volumes.

 

In accordance with Section 3.51 of the Local Government Act 1995 relating to level and alignment changes, property owners/occupiers located within the area deemed to be impacted by the proposed works were notified and requested to provide the City with feedback or submissions on the future dual carriageway upgrade proposed on Gnangara Road.

 

The City held a community information session and provided a “Your Say” page on the City’s website regarding the proposed works for the Gnangara Road Duplication from Hartman Drive to Mirrabooka Avenue. The session was held at the City’s Administration Centre on the 25 May 2023. The information session provided the community with an overview of the design drawings and the nature of the project.

 

Refer to Attachment 2 for the updated profile and plan drawings, based on the outcomes of the consultation, City of Wanneroo Drawings No. 3466-8-1, 3466-9-0, 3466-10-0 & 3466-11-1. A summary of the consultation results and actions is discussed under the ‘Consultation’ section which follows.

 

Land Requirements

 

Refer to Attachment 3 for the final land requirements plan, City of Wanneroo Drawing No. 3466-19-0 & 3466-20-1. These did not require update following completion of the consultation period which is discussed under the ‘Consultation’ section which follows.

 

2 Cowle Street and 220, 341 and 359 Gnangara Road

With reference to these properties, additional truncation is required to accommodate a left-turn pocket, which caters for the swept path turning movements of Main Roads WA restricted access vehicle (RAV) category 4: Tandem Drive up to 27.5m prime mover and semi-trailer towing a 6 axle dog trailer. These properties were not previously identified as requiring land take under the East Wanneroo Structure Plan.

 

239 Gnangara Road

In addition to land required as road reserve in accordance with the East Wanneroo Structure Plan (endorsed by Council on 27 April 2004, Council report TS14-04/04 refers); further truncation and road reserve is also required to accommodate a left-turn pocket, which caters for the swept path turning movements of Main Roads WA restricted access vehicle (RAV) category 4: Tandem Drive up to 27.5m prime mover and semi-trailer towing a 6 axle dog trailer.

 

252, 326, 344 and 356 Gnangara Road

The additional road reserve is required to accommodate the proposed design in accordance with the East Wanneroo Structure Plan endorsed by Council on 27 April 2004
(refer TS14-04/04). The City is in current correspondence with these properties.

 

217, 229, 248 Gnangara Road

With reference to these properties, additional road reserve is required to accommodate the proposed design in accordance with the East Wanneroo Structure Plan endorsed by Council on 27 April 2004 (refer TS14-04/04). No further land amount is required from these properties in addition to what was previously identified.

 

Gnangara Road WEST of Hartman Drive, Wanneroo Road to Hartman Drive

 

In accordance with Council Resolution 2 above, a letter from the Mayor’s Office was sent to the Minister of Transport (refer Attachment 4), advocating for the State Government to undertake the upgrade of the Wanneroo Road / Whitfords Avenue intersection at the earliest opportunity. This upgrade would trigger the realignment of the western end of Gnangara Road to form a 4-way intersection. Additional letters from Administration were sent to MRWA as the State agency responsible for delivering the intersection upgrades, and to the City of Joondalup seeking its support in advocating to MRWA for the intersection upgrades.

 

As response providing an update on the MRWA upgrade of the Wanneroo Road / Whitfords Avenue intersection was received from the Minister of Transport on 5 September 2022 (refer Attachment 5). The City recently requested a further status update from MRWA and received the following update on 23 October 2023:

 

·        Main Roads is currently finalising extensive traffic modelling and early constraint mapping type work;

·        The Project Development Branch should be in a position to meet with the City in the New year to discuss the outcomes and seek comments;

·        Currently the project is not funded for construction; and

·        The development work being undertaken by Main Roads Project Development Branch will be used as the basis of a business case for future investment decision seeking construction funding.

Consultation

Gnangara Road EAST of Hartman Drive, Hartman Drive to Mirrabooka Avenue

 

The community engagement period was over a period of three weeks, between 12 May 2023 to 2 June 2023. Notification letters informing of the consultation engagement were provided to properties along the impacted section of Gnangara Drive. Refer to Attachment 8 for the letter issued and Attachment 9 for the distribution map for the letter for properties not requiring land acquisition for the dual carriageway upgrade.

 

For properties requiring land take, individualised letters detailing the specific impacts to their property were sent, refer to Attachment 10 for the distribution map for these properties.

 

The information session held on 25 May 2023 and was attended by one property owner seeking clarity on the impacts on the land acquisition, which was answered on the day, confirming that their land acquisition identified on final land requirement drawings 3466-19-0 & 3466-20-0 for the dual carriageway construction has not changed from the endorsed East Wanneroo Structure Plan.

In total, five responses were received including two at the information session. A summary of the comments and the Administration’s response shown below:

 

Item	Comment	Administration’s response
1.	Will width of the median be wide enough for a modern ute to wait in the middle when turning westbound out of Callaway?	The preliminary detailed design accommodates a 6m median storage area required for staged crossing by light vehicles.   However, it is also the responsibility of individual motorists to ensure they drive in accordance with the Road Traffic Act 1974 and associated Road Traffic Code 2000, with respect to not queuing through the intersection.
2.	Canopy overhangs the planned road reserve at 2 Cowle Street, can the canopy be retained?	Administration has reviewed the plans and confirms that the awning does not negatively impact any vehicle or pedestrian movements. As such, the awning can be retained subject to confirmation when finalising detailed design.   Notwithstanding this, the approval for DA2019/1180, Condition 15 states: “The awning located within the area identified for future road upgrades, as shown in red on the attached plan, shall be designed so it is fully detachable from the facade of the building. When Gnangara Road and Cowle Street are upgraded in the future, the awning shall be removed at the full expense of the landowner/applicant.”   Should the awning be considered to pose a safety risk in the future, the City can enforce Condition 15 of development application.
3.	The drawings do not show the existing crossover for 2 Cowle Street	Noted – City of Wanneroo Drawings No. 3466-08-1, has been updated to reflect this existing access
4.	The proposed upgrades may result in the removal of an existing crossover on (Lot 703) Gnangara Road (south)	Noted – City of Wanneroo Drawings No. 3466-11-1, has been updated to reflect this existing access which will revert to left-in / left-out when the dual carriageway is constructed.
5.	The proposed upgrade will require additional land from the subject site (Lot 703) at the intersection of Gnangara Road and Destiny Way	Noted – land acquisition shown on City of Wanneroo Drawings No. 3466-20-1 extends to the face of an existing retaining wall which does not impact the approved subdivision.
6.	The proposed upgrades do not consider and account for the approved access arrangements at the subject site (Lot 703)	The access arrangements of the approved subdivision will be considered in the final detailed designs. City of Wanneroo Drawing No. 3466-11-1 has been updated to reflect this existing access which will revert to left-in / left-out when the dual carriageway is constructed.

Gnangara Road WEST of Hartman Drive, Wanneroo Road to Hartman Drive

 

Residents of the north Madeley precinct were updated on the status of the project to upgrade Gnangara Road between Wanneroo Road and Hartman Drive on 1 May 2023; namely, the commencement of advocacy as mentioned above and the response by the Minister of Transport. No feedback was received in writing from the community regarding the upgrade and realignment proposed on this section of Gnangara Road.

Refer to Attachments 6 for the letter issued to residents Attachment 7 for the distribution map. Further consultation will occur with the community once MRWA has provided concept designs indicating the proposed Whitfords Avenue, Wanneroo Road and Gnangara Road intersection layout, which is required to enable design for the realignment and upgrade to a dual carriageway standard for Gnangara Road from Hartman Drive to Wanneroo Road.

Comment

Based on the outcomes of consultation, Administration notes that the engagement undertaken for both sections of Gnangara Road east and west of Hartman Drive was positive and does not highlight concern with the proposed timeframe for upgrades to a dual carriageway by 2040/41 and 2030/21 respectively.

Gnangara Road EAST of Hartman Drive, Hartman Drive to Mirrabooka Avenue

 

As mentioned in this report, there are several properties which require land to be acquired to accommodate the proposed works. Subject to Council’s decisions on the recommendations made in this report, Administration will commence negotiations with the affected landowners to acquire the required land by negotiation. Should agreement be reached, contracts will be prepared by Administration. The contracts (and the acquisition itself) will be subject to Council approval, and any excision from the land for the road widening completing subdivision processes. Land acquisition outcomes would be the subject of a confidential report to Council.

 

With respect to Lot 2 (356), Lot 3 (344) and Lot 5 (326) Gnangara Road, Administration notes that land requirement areas of 366sqm shown on East Wanneroo Structure Plan (EWSP) Land Requirement plans endorsed by Council on 27 April 2004 are incorrect and are in fact 386sqm when physically surveyed on site.

 

This was confirmed by Landgate Deposited Plan 74549 approved by WAPC for Lot 104 (338) Gnangara Road as part acquisition undertaken by the City in 2012. This is also consistent with survey obtained by the City in ongoing negotiations for land acquisition of lot 3 (344).

 

It must be noted that land requirements for the above four (4) properties remain consistent with EWSP in that the required road reserve widening of 5m identified still applies and has not changed on City of Wanneroo final land requirements Drawing 3466-20-1. This is simply an error in lot area calculation in the EWSP land requirements plans adopted in 2004 following on the ground survey for deposited plans of Lot 104 and Lot 3.

 

Following endorsement of the final Land Requirements Plan, Administration will seek to acquire the land and request the WAPC to include the additional land areas into the regional road reservation under the Metropolitan Regional Scheme (MRS). Administration will request that the land requirements be included into a future MRS Omnibus Amendment to ensure the ultimate reserve width is consistent with the revised Land Requirement Plan.

 

Further consultation and community information sessions will occur once the final designs have been completed and ahead of the future construction of the road.

Administration continues to monitor traffic volumes on Gnangara Drive against MRWA forecasted traffic volumes and, should the project be warranted sooner, will apply for 2/3 state government funding for the construction of the project.

Gnangara Road WEST of Hartman Drive, Wanneroo Road to Hartman Drive

 

Administration will continue to follow up regularly with MRWA and, once early concept design of the intersection upgrade is shared with the City, work closely with MRWA to finalise designs for the City’s upgrade and realignment of Gnangara Road from Hartman Drive to the tie-in point of the MRWA grade separation of Wanneroo Road and Whitfords Avenue.

 

Although Administration continues to monitor traffic volumes on this part of Gnangara Drive against MRWA’s traffic volumes forecast to consider a future MRRG application for 2/3 state government funding for the construction of the project; it should be noted that until the timing of intersection upgrade by MRWA is confirmed, the City is unable to progress the project further.

 

In the interim and as per ‘Option 5’ endorsed by Council on 15 March 2022, Administration has completed resurfacing works on Gnangara Road from Klaraborg Drive to Wanneroo Road as part of the 2023/24 capital works program. This section of Gnangara Road will not require reconstruction as part of the project and resurfacing is therefore not sacrificial.

Statutory Compliance

Local Government Act 1995 - Section 3.51 “Affect owners to be notified of certain proposals”

(2) This section applies to –

         (a)     fixing or altering the level of, or alignment of, a public thoroughfare

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

5 ~ A well planned, safe and resilient City that is easy to travel around and provides a connection between people and places

5.4 - People can move around easily

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a Medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance and connection of alternatives to car use (e.g. cycle ways) and the supporting infrastructure.

 

Risk Management Considerations

 

Risk Title	Risk Rating
ST-S04 Integrated Infrastructure & Utility Planning	Low
Accountability	Action Planning Option
Director Planning and Sustainability and Director Assets	Manage

 

Risk Title	Risk Rating
ST-S23 Stakeholder Relationships	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

Policy Implications

In accordance with the City’s Pathways Policy, the proposed upgrades to Gnangara Road must include pathways to comply with this Policy.

Financial Implications

The preliminary estimated construction costs for the upgrade of Gnangara Road under PR-2368 (Wanneroo Rd – Hartman Dr) and PR-2602 (Hartman Dr – Mirrabooka Avenue); are listed in the long-term financial plan as per Council decisions 4 & 5 on 15 March 2022 (Item AS01-03/22) and summarised below:

 

 

* based on sub-consultant estimate, subject to detailed design

 

Developer Contribution Plan implications

 

The funding for land acquisitions in relation to the proposed upgrades to Gnangara Road is not included in the above construction cost calculations and is covered by the relevant DCP.  The financial implications for the DCPs are as follows:

 

·     Western section of Gnangara Road (between Wanneroo Road and Hartman Drive) - The acquisition of land is funded by the East Wanneroo Cells 6 and 7 DCPs on a 50/50 basis, excluding the intersection of Wanneroo Road and Whitfords Avenue, which is reserved under the Metropolitan Region Scheme as an Important Regional Road and is therefore required to be acquired and constructed by MRWA and WAPC. Most of the land acquisition for this section have been completed, with the exception of one remaining land acquisition of Lot 16 Windsor Road, where discussions with the landowner are progressing.  The construction of a dual carriageway is required by 2031 and the DCPs will fund the construction of the first carriageway and second carriageway structures in accordance with the scope of works defined in the District Planning Scheme No. 2.; and   

·     Eastern section of Gnangara Road (between Hartman Drive and Mirrabooka Avenue) - The acquisition of land is funded by the East Wanneroo Cell 8 DCP and the City’s Town Planning Scheme No. 5 (where abutting the old Landsdale Industrial area). The construction of a dual carriageway is required by 2041 with the first carriageway works being funded by the DCP and being completed either prior to this date or as part of a future shared funding arrangement.  A significant number of land acquisitions have been completed, however there are still several small land acquisitions outstanding, as reflected in the revised land area drawings in Attachment 3.    

 

In addition to land acquisition costs, the DCPs would also cover the cost of survey, valuation, and documentation preparation costs.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the results of community engagement for upgrade of Gnangara Road, EAST from Hartman Drive to Mirrabooka Avenue and WEST from Hartman Drive to Wanneroo Road;

2.       NOTES the update from MRWA on the intersection upgrade of the Wanneroo Road, Whitfords Avenue and Gnangara Road intersection;

3.       ENDORSES preliminary plan and profile drawings 3466-8-1, 3466-9-0, 3466-10-0 & 3466-11-1 for the upgrade of Gnangara Road from Hartman Drive to Mirrabooka Avenue by 2040/41;

4.       ENDORSES the upgrade and realignment of Gnangara Road from Hartman Drive to Wanneroo Road by 2030/31 subject to the MRWA intersection upgrade of Wanneroo Road, Whitfords Avenue and Gnangara Road intersection by 2030/31;

5.       APPROVES City of Wanneroo Drawing No. 3466-19-0 & 3466-20-1 showing final land requirements for the upgrade of Gnangara Road from Hartman Drive to Mirrabooka Avenue as per Attachment 2;

6.       REQUESTS the Western Australian Planning Commission to include the additional land requirement into a future MRS Omnibus Amendment to ensure the ultimate reserve width for Gnangara Road is consistent with the revised Land Requirement Plan as per Attachment 2; and

7.       NOTES that land acquisition negotiations will commence for properties identified in City of Wanneroo Drawing No. 3466-19-0 & 3466-20-1 as land required for the widening of Gnangara Road, with the outcomes of those negotiations (including acquisition terms) to be the subject of a future report(s) to Council.

 

Attachments:

1⇩.	Gnangara Road Upgrade Corridor and Project Split	21/574544
2⇩.	Gnangara Road, Hartman Drive to Mirrabooka Avenue - Dual Carriageway Preliminary Design - Plan & Profile Drawings	23/316774
3⇩.	Gnangara Road, Hartman Drive to Mirrabooka Avenue - Dual Carriageway Preliminary Design - Land Requirements Plan	23/316781
4⇩.	Letter to Minister of Transport - Wanneroo Road & East Road Intersection Upgrade	22/261675
5⇩.	Letter from Minister for Transport to Mayor - MRWA Project Status - Gnangara Road, Whitfords Avenue and Wanneroo Intersection - September 2022	22/468057
6⇩.	Letter to North Madeley residential precinct - Gnangara Road, Wanneroo Road to Hartman Drive	23/349636
7⇩.	Letter distribution map - Gnangara Road, Wanneroo Road to Hartman Drive	23/163662
8⇩.	Letter to properties (no land requirement plans) - Gnangara Road, Hartman Drive to Mirrabooka Avenue	23/316739
9⇩.	Letter distribution map (no land requirement plans) - Gnangara Road, Hartman Drive to Mirrabooka Avenue	22/428706
10⇩.	Letter distribution map (with land requirement plans) - Gnangara Road, Hartman Drive to Mirrabooka Avenue	23/24589

 

 

 

 

 

 

File Ref:                                              3120V016 – 23/353162

Responsible Officer:                          Director Assets

Attachments:                                       2         

 

Issue

To consider the results of the public consultation for the proposed pedestrian accessway (PAW) closure between Blackmore Avenue and Innes Place, Girrawheen.

Background

Council at its meeting on 16 May 2023 considered Petition (PT03-03/23) requesting the closure of the PAW between Blackmore Avenue and Innes Place, Girrawheen; where it was resolved:

 

That Council:-

1.       NOTES the Petition PT03-03/23 received at its 21 March 2023 Ordinary Council Meeting;

2.       REQUESTS Administration to commence the process for the closure of the pedestrian accessway between Innes Place and Blackmore Avenue, as shown in Attachment 1;

3.       REQUESTS Administration to, as interim measures, relocate the “U-Rail” barriers and investigate other suitable measures to assist in reducing or addressing any ongoing antisocial behaviour within the pedestrian accessway noting that the action as per Item 2 can be lengthy and may take some time; and

4.       ADVISES the petitioners of its decision.

Detail

The PAW is approximately 117m long and consists of a 2m wide concrete footpath adjacent to two land parcels (Lot 502 Innes Place and Lot 71P Blackmore Avenue), located at the eastern end of the cul-de-sac of Innes Place and ending at Blackmore Avenue as shown on the attached location map (Attachment 1). The map also shows the public transport routes and bus stop locations in the area.

 

Lot 502 Innes Place is privately owned and zoned Residential under the City’s DPS 2. The PAW is provided through a public access easement along the southern boundary of the lot. This easement maintains the pedestrian route connecting Innes Place with Blackmore Avenue. This easement for public access along the southern boundary of Lot 502 comprises an area of approximately 370m2.

 

Lot 502 Innes Place was previously occupied by a single building; however, this was demolished in 2013 and the block has remained undeveloped since then. The block was levelled, and all vegetation removed early in 2022. Lot 71P Blackmore Avenue is approximately 40 metres long and 3.0m wide and is a dedicated Pedestrian Access Way.

 

The process for the closure of a PAW is required to be undertaken in accordance with the Western Australian Planning Commission (WAPC) ‘Procedure for the Closure of Pedestrian Access Ways Planning Guidelines’.

 

 

This process is summarised as follows:

 

1.       A closure report is prepared by the City (this report) including assessment of the range of matters set out in steps 3-9 of Appendix 1 of the procedure and outcomes of consultation;

2.       Consultation with all relevant infrastructure providers identified through Dial Before You Dig and the City’s GIS databases; and any other agencies that may have an interest in the PAW and requesting their comments and advice;

3.       Public consultation with community members who reside within 400m radius walking distance, seeking comment on whether they have any objection to the closure, for a minimum comment period of 4 weeks (28 days);

4.       Consultation with landowners directly adjoining the PAW to ensure that they understand the process and requirement of them to purchase the PAW land if its closure is supported, seeking:-

a)      written support for the closure and agreement as to how the land is to be divided;

b)      written agreement from those wishing to purchase a portion of the PAW that they are prepared to meet all costs associated with the closure;

5.       Should Council resolve to approve its closure, an application for PAW closure is made by the City the to the WAPC for final determination; and

6.       If the closure is approved by the WAPC, the City lodges a request to RDL State Land Services for processing under section 87 of the Land Administration Act 1987.

Consultation

Administration carried out public consultation in July 2023 for a period of 4 weeks (03 July  2023 to 31 July 2023). The consultation involved a letter mail out to residents within a 400m radius requesting they indicate their support or non-support for the proposed PAW closure which also included properties adjoining the PAW and service providers in the vicinity. A map of the consultation area is shown as Attachment 2.

 

Residents were given the opportunity to respond by completing a hard copy survey form and submitting by reply paid envelope or email to the City. Residents were also given opportunity to provide their feedback online through the Survey Monkey website.

 

Administration also contacted the two landowners adjoining the PAW to confirm their agreement in writing to meet the costs associated with its closure. Administration received an email from one of the landowners on behalf of the other landowner stating they would be interested in purchasing the PAW.

 

Administration received 25 submissions in total. Of which, 9 objected to the PAW closure, and 16 submissions raised no objection to the proposed closure of the PAW. A table summarising written comments from 13 of the submissions received, together with Administration's responses is provided below. No responses in objection to the proposed closure were received by service providers at this location.

 

Support Closure	Comments	Administration response
Yes	However, I do wish either neighbour could purchase the land and move their fencing across rather than have a secluded blocked off area that could become a place to hide or for other unwarranted behaviours.	Once a PAW is formally closed, the State of Western Australia (through the Department of Planning, Lands & Heritage (DLPH)) will organise a sale of the land to one or both adjoining landowners. The intention is that the land is not left vacant or open.
Yes	This will be of benefit the local community, for a more secure and liveable neighbourhood	Noted
Yes	I'm tired of seeing people night and day use that passage for illegal activities, often with big wood sticks in their hands. It has become an unsafe place.   It concerns our safety. It is against the degrade of the zone too. All day and night long, it's a continuous passage of people intoxicated or with long wood sticks. It has become a scary place.	Noted
Yes	I want to close this Public Access Way for our safety and our neighbours.	Noted
Yes	What will happen to that land? Am I able to extend my property boarders?	No, this easement is privately owned and belongs to Lot 502.
Yes	I reside at 16 Innes Place, this is the first house you meet on Innes Place when walking through the access way - We have had 1 attempted burglary of our house, and damage to the property - 1 attempted burglary of our vehicle, windows broken - From camera footage, we can see it is an easy way for perpetrators to come and go, and it has caused fear for my family - We are constantly worried and checking cameras to see who is walking down the access way - Closing this access way would greatly benefit not just us, but our neighbours who have also fallen victim to perpetrators - The access way also causes noise distributions as there are people accessing it at all hours of the day/night, some with electronic bikes/scooters - Overall, the access way proves to be more of a challenge and danger for all residents, than it proves to be beneficial.	Noted
Yes	I strongly believe it needs to be closed for unwanted nuisance and other safety reasons as I am one of the families sharing that pathway. My children get scared when sometimes intoxicated people are walking and banging on my fence. So, I would really appreciate if the pathway is closed	Noted
No	Good for community access and potential future community uses	Noted
No	I don't support this or any other closures of public access ways. The City has just endorsed its active transport plan and the SCP also supports PAWs for the benefit that walkable connections provide to the area. Girrawheen is a developing area that will be well-placed to become a green, walkable, and vibrant hub of activity by the time development is significantly progressed and further investment is made in the local centres. Removing PAWs now will mean they can never be reclaimed, and Girrawheen's curvilinear road layout would be difficult to navigate as a pedestrian. The petition mentions anti-social behaviour but, as Administration mentioned in the May report, closing a PAW won't fix it. It'll just move the issue onto the street or the local park. I support Administration's proposed alternative measures such as cleaning up graffiti, upgrading lighting and undertaking patrols. Ideally, houses would actually open up onto wider PAWs, rather than have a 2m solid fence, allowing for passive surveillance and more pleasant environments. Not sure about the development status of 13 Innes Place, but that kind of layout could help to improve the alleged anti-social behaviour. The petition's second point is about the school not being there anymore - this is irrelevant when considering whether to close the PAW as there is no negative impact from the school not being there. The petition's third point is that residents can access the bus network via an alternative route. Again, this is irrelevant. Even is there was no 'significant impact' on the travel time, that doesn't mean the PAW should be closed; it just means that if it were to be closed, impacts would be minimalised. To the petition’s fourth point: Yes, it would be annoying for an offender to escape; but that's a significant outlier event when considering the daily benefits a PAW would provide. The same illogical argument could be applied to any public space.	Noted
No	I use this route every day to get home and I wouldn't feel as safe taking a longer unfamiliar route home.   This is an important walkway to the community in our suburb, providing access towards Beach Rd and allowing for people with limited access to transportation to easily access the neighbourhood.	Noted
No	Can you please explain the rationale of why the council wants to close this well used community pedestrian pathway. I feel the community deserves more information on this petition. We personally use this pathway for access to visit our elderly, unwell parents/grandparents	Noted
No	As a regular user of this walkway, I consider it a safer option than going through the park, where drug deals regularly take place. The park is not well lit and there are no nearby houses to hear a call for help if needed. I regularly use this laneway, even at night. I've used this laneway for seven years and always felt safe. I feel a lot safer using this laneway at night that the park actual, where I've seen drug deals go down before. My biggest concern is that the request for laneway closure has come from a land/real estate corporation that wants to maximise their own interests rather than what is best for the community	Noted
No	We use it weekly as a short cut to the shops.	Noted

Comment

Prior to, and following the previous report to Council in May 2023, the City’s Rangers carried out additional Ranger patrols of the area on 8, 10, 12, 14 and 15 of February 2023. It was reported on all these patrols that there was no illegal/antisocial behaviour sighted, no cars, scooters or reckless behaviour occurring, or persons seen drinking or taking drugs around the area. No persons of interest were observed at the time of attendance and on departure. Some evidence of broken glass, graffiti and rubbish on the footpath was noted that might indicate some extent of anti-social behaviour.

 

However, and in support of previous concerns voiced by the community at the 16 May 2023 Ordinary Council regarding Item AS03-05/23; the submissions further indicate that there is anti-social behaviour occurring in the PAW on a regular basis.

 

Considering the above, there appears to be evidence to support the argument that anti-social behaviour has taken place in the PAW.

 

The residents of Innes Place, Strive Loop, Activity Way and Legacy Lane would primarily be affected by the PAW closure, as the walking distance to a bus stops and local shopping centre would increase by up to 350 metres. As outlined through the submissions, this route seems popular with residents accessing the local centre situated on Templeton Crescent.

 

To address this issue, an alternative footpath route could be provided through Blackmore Park, however as identified in the submissions, the lighting levels along the path would need to be improved to provide a route that users feel comfortable to use. 

 

Administration notes that should the PAW close and no alternative route provided, then pedestrian movement could still occur on Templeton Crescent however, Templeton Crescent provides a longer pedestrian route than the route that incorporates the PAW. This longer route may be more challenging for some of the elderly residents and visitors to the area. Based on the above information, this report recommends the commencement of the process to close the PAW. In addition it is also recommended that should the PAW closure be supported by the WAPC, appropriate funding be listed in the draft LTFP to construct the additional pathway through Blackmore Park around the time of implementing the PAW closure works.

 

It is noted that in accordance with the Procedure for the Closure of Pedestrian Access Ways Planning Guidelines, adjoining landowner(s) who agree to purchase the PAW land will be required to confirm their willingness to mee the costs associated with the removal of the PAW and related infrastructure, reinstatements, and the purchase cost of land. These costs will be known in future most likely after the WAPC approval (if granted).

 

Should Council not support the PAW closure, the City (as the managing authority) will consider management techniques to minimise anti-social behaviour within the PAW which include: 

 

•        Prompt removal of graffiti;

•        Cleaning and making repairs to infrastructure quickly.

•        Ensuring that the walking surfaces are well maintained; and

•        Removal of vegetation or weeds from the PAW.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

5 ~ A well planned, safe and resilient City that is easy to travel around and provides a connection between people and places

5.4 - People can move around easily

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a Medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance and connection of alternatives to car use (e.g. cycle ways) and the supporting infrastructure.

 

 

Risk Management Considerations

 

Risk Title	Risk Rating
CO-023 Safety of Community	Medium
Accountability	Action Planning Option
Director Community & Place	Manage

 

Risk Title	Risk Rating
ST-S26 Resilient and Productive Communities	Medium
Accountability	Action Planning Option
Director Community & Place	Manage

 

Policy Implications

Should Council resolve to approve the closure of the PAW, the City is required to seek the endorsement of the Western Australian Planning Commission prior to referring the proposal to the Minister for Lands for final approval.

Financial Implications

Subject to Council’s decision on the recommendations made in this report, the costs associated with the PAW closure works will need to be met by the adjoining landowner(s) who agree to purchase the PAW land.

Should Council resolve not to grant the request for the PAW to be closed, financial implications would depend on management strategies that would be implemented to mitigate anti-social behaviour. These costs form part of the City’s operating budget.

A new footpath and associated lighting through Blackmore Park to provide residents of the area with an alternative pedestrian route to the PAW is not currently included in the forward Capital Works Programme.  Subject to a decision by WAPC to formally close the PAW, design and feasibility investigations; an approximate 200m of pathway connection through Blackmore Park via Strive Loop could cost in the order of $100,000, and would need to listed in the City’s draft Long Term Financial Plan at that time.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1.       NOTES the submissions received and that majority (64%) of residents support closure of the PAW known as Portion Lot 502 Innes Place and Lot 71P Blackmore Avenue, Girrawheen;

2.       NOTES one of two adjoining landowners has indicated agreement to purchase the PAW at Lot 71P Blackmore Avenue;

3.       APPROVES closure of the PAW known as Portion Lot 502 Innes Place and Lot 71P Blackmore Avenue, Girrawheen;

4.       REQUESTS administration to refer an application for closure of the PAW (known as Portion Lot 502 Innes Place and Lot 71P Blackmore Avenue, Girrawheen) to the WAPC for final determination and, if approved, refer to State Land Services for processing under section 87 of the Land Administration Act 1987;

5.       REQUESTS administration, subject to WAPC decision to approve closure of the PAW, to list a project in the draft LTFP in future to construct a pathway connection through Blackmore Park in conjunction with the PAW closure works; and

6.       REQUESTS administration to notify the adjoining landowners, service authorities, petition organiser and members of the community within 400m of its decision.

 

 

Attachments:

1⇩.	Location Map - PAW between Innes Pl and Blackmore Ave Girrawheen	23/131588
2⇩.	PAW closure - Community consultation distribution map (400m radius) - Innes Pl and Blackmore Ave	23/220381

  

 

 

Infrastructure Capital Works

File Ref:                                              45561 – 23/353046

Responsible Officer:                          Director Assets

Attachments:                                       1         

 

Issue

To consider Tender No. 23150 for the Upgrade of Hester Avenue and Connolly Drive Roundabout.

Background

A project is listed in the 2023/24 Capital Works Program to upgrade the roundabout at the intersection of Hester Avenue and Connolly Drive. This project has received funding from the Blackspot Program.

 

The works will include the following improvements to the roundabout.

 

·        Improved roundabout geometry;

·        Improved cycle entry ramps;

·        Footpath modifications;

·        Drainage pit relocations; and

·        Renewed asphalt on the roundabout.

Detail

Tender No. 23150 for the Upgrade of Hester Avenue and Connolly Drive Roundabout was advertised on 9 August 2023 and closed on 12 September 2023.

 

Essential details of the proposed contract are as follows:

 

 

Tender submissions were received from the following companies:

 

·        BOS Civil Pty Ltd (BOS)

·        WCP Civil Pty Ltd (WCP)

·        Delta Group Pty Ltd (DELTA)

 

All tenders were deemed conforming offers and proceeded for further evaluation.

 

 

Probity Oversight

Oversight to the tender assessment process was undertaken by the City’s Contracts Team.

Tender submissions were evaluated in accordance with the Procurement and Evaluation Plan (PEP).  The PEP included the following selection criteria:

 

All tenderers must meet the City’s minimum requirements (as determined by the City) for each of the qualitative criteria detailed above (*) to be considered for further evaluation.

Pricing is not included in the qualitative criteria and is considered as part of the overall value for money assessment.

Evaluation Criteria 1 - Sustainable (Corporate Social Responsibility) Procurement (20%)

Evidence of Sustainable (Corporate Social Responsibility) Procurement assessment was based on the tenderers’ responses provided within the Questionnaires set out in Schedules 3A, 3B, 3C, 3D that were included in the tender documentation.

An assessment was made to determine the ranking based on the tenderers’ environmental policy and practices, buy local contributions, as well as commitment to reconciliation and disability access and inclusion.

Sub Criteria a) – Environment Consideration (5%)

The City is committed to procuring goods and services that have the most positive environmental, social, and economic impacts over the entire life cycle of a product or service. The environmental assessment based on tenderers’ response to their Environmental policy and practices.

An assessment was made to determine the ranking based on tenderer’s environmental policy and practices.

 

The assessment of this criterion determined the following ranking:

 

 

Sub Criteria b) – Buy Local (10%)

 

An assessment was made to determine the ranking based on the responses provided, detailing the following information:

 

·        Purchasing arrangements through local businesses.

·        Location of tenderer’s offices and workshops.

·        Residential municipality of staff and subcontractors, and

·        Requirement for new employees arising from award of the contract.

 

The assessment of this criterion determined the following ranking:

 

 

Sub Criteria c) – Reconciliation Action Plan (2.5%)

 

An assessment was made to determine the ranking based on the responses provided that relate to:

 

·        Relationships – building positive relationships between indigenous and non-indigenous people.

·        Respect – recognizing the contribution of Indigenous people to Australia and learning more about the history, culture, and diversity in a two-way communication process, and

·           Opportunities – attracting, developing, and retaining organizational talent to build opportunities for aboriginal employment, training and development and mentoring.

 

The assessment of this criterion determined the following ranking:

 

 

Sub Criteria d) – Disability Access & Inclusion (2.5%)  

 

An assessment was made to determine the ranking based on the responses provided that relate to:

 

·        People with disabilities have the same buildings and facilities access opportunities as other people,

·        People with disabilities receive information in a format that will enable them to access information as readily as other people are able to access it,

·        People with disabilities receive the same level and quality of service from staff as other people receive,

·        People with disabilities have the same opportunities as other people to make complaints, and

·        People with disabilities have the same opportunities as other people to participate in any employment opportunities.

 

The assessment of this criterion determined the following ranking:

 

 

Overall Sustainable Procurement Ranking Summary

 

An overall assessment of Evaluation Criteria 1 - Sustainable (Corporate Social Responsibility) Procurement has resulted in the following ranking:

 

 

Evaluation Criteria 2 - Tenderer’s Work Health and Safety (20%)

 

Evidence of workplace health and safety management policies and practices was assessed from the tender submissions.  The assessment for safety management was based on the tenderers’ responses to a Work Health and Safety Management System Questionnaire included within the tender documentation.

 

All tenderers provided details of their safety management systems with the following ranking:

 

 

Evaluation Criteria 3 - Tenderer’s relevant experience (30%)

 

The tenderer’s relevant experience in demonstrating the achievement of meeting client expectations as presented in their tender submission were assessed to evaluate their capability to meet the requirements of the contract.  Assessment of this criterion considered the tendering entity’s credentials to fulfil the requirements of the contract.

The assessment of this criterion has resulted in the following ranking:

 

 

Evaluation Criteria 4 - Methodology, Resources & Capacity (30%)

 

The tenderer’s resources as presented in their tender submission were assessed to evaluate their capacity to meet the requirements of the contract.  Assessment of this criterion considered the tenderer’s staff resources, vehicles, plant/equipment, and workshop support to manage the contract. The proposed methodology for the works was also assessed.

The assessment of this criterion has resulted in the following ranking:

 

 

*Delta did not achieve the minimum requirements for this criterion and did not proceed to the value for money assessment. 

 

Overall Weighted Qualitative Assessment and Ranking

The tenderers’ submissions were evaluated in accordance with the selection criteria and were assessed against sustainable procurement, experience, methodology, capacity and resources, and safety management systems to undertake the works.

 

The overall weighted assessment resulted in the following tenderer ranking:

Lump Sum Pricing for the Works Offered

An assessment was made to determine the ranking based on the lump sum pricing provided with the tender documentation.

Based on the lump sum pricing information provided, tenderers are ranked as follows:

Relative Value for Money Assessment

The combined assessment of lump sum price and qualitative criteria resulted in the following tenderer ranking (on a relative value for money basis):

Confidential Attachment 1 provides further details relating to the tenderers lump sum pricing, value for money assessment and information supporting the recommendation.

Overall Assessment and Comment

The tender submission from BOS satisfied the overall value for money assessment in accordance with the assessment criteria and weightings as detailed in the Procurement and Evaluation Plan and is therefore recommended as the successful tenderer.

Consultation

In accordance with the City’s Community Engagement Policy, consultation has been undertaken with internal and external stakeholders including agencies such as Main Roads WA, utility service providers, adjoining landowners throughout the detailed design, project development and will include community informing during the construction phase.

Post tender award and during construction phase, a detailed communication plan will be implemented covering project signage, an ongoing commitment to provide regular progress reports on key project milestones or events; posting of information on City’s webpage and media channels in addition liaising with the resident’s groups to inform them of the construction programme.

Comment

The tender submission from BOS Civil satisfied the overall value for money assessment in accordance with the assessment criteria and weightings as detailed in the Procurement and Evaluation Plan and is therefore recommended as the successful tenderer.

 

Delivery of the project on schedule will be subject to Administration completing the appropriate project delivery and resourcing schedule. Timing of the delivery and completion of the respective projects will be agreed with the relevant stakeholders.

 

The project includes street lighting works to be undertaken by Western Power. The civil component of the project is not dependent on Western Power works and will be completed as scheduled. Western Power is experiencing significant delays on their works, consequently the lighting works could be completed post the completion of civil works.

Statutory Compliance

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

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

5 ~ A well planned, safe and resilient City that is easy to travel around and provides a connection between people and places

5.4 - People can move around easily

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a Medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance and connection of alternatives to car use (e.g. cycle ways) and the supporting infrastructure.

 

Enterprise Risk Management Considerations

 

Risk Title	Risk Rating
ST-S23 Stakeholder Relationships	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

 

 

Risk Title	Risk Rating
CO-017 Financial Management	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

Risk Title	Risk Rating
CO-022 Environmental Management	Medium
Accountability	Action Planning Option
Director Planning and Sustainability	Manage

 

Financial and Performance Risk

Financial Risk

A financial risk assessment was undertaken Equifax Australasia Credit Ratings Pty Ltd as part of the tender evaluation process and the outcome of this independent assessment advised that BOS is assessed with the financial capacity to meet the requirements of the contract.

 

Performance Risk

BOS have experience in road construction and working with various local governments. The tenderer has demonstrated good experience in the delivery of similar road projects and independent reference checks confirm the recommended tenderer has a good reputation in the Local Government sector.

Policy Implications

Tenders were invited in accordance with the requirements of the City’s Purchasing Policy.

Financial (Budget) Implications

PR-4437 PMO22049 Hester Ave, Merriwa, Upgrade Intersection of Connolly Drive
Description	Expenditure	Budget
Budget:
Allocated Capital Works Budget for 2023/24 (PR-4437)		$1,500,000
Expenditure:
Expenditure incurred to date (2023/2024)	$35,404
Commitment to date	$10,000
Project Management	$35,000
Tender Advertisements (Tender and Public Notices)	$2,000
Construction Activities
-     Tender 23150 (this Tender)	$1,297,249
-     Western Power Upgrade & Construction Contingency	$120,000
Total Expenditure	$1,499,653
Total Funding		$1,500,000

Voting Requirements

Simple Majority

 

 

Recommendation

That Council ACCEPTS the tender submitted by BOS Civil Pty Ltd for Tender No. 23150, for the Upgrade of Hester Avenue and Connolly Drive Roundabout, as per Fixed Lump Sum of $1,297,249, and in accordance with the General Conditions of Tendering.

This attachment is confidential and distributed under separate cover to all Council Members.
RFT 23150 - Confidential Attachment 1 - Upgrade of Hester Ave and Connolly Dr Roundabout	23/378179

 

 

 

File Ref:                                              46011 – 23/238022

Responsible Officer:                          Director Assets

Attachments:                                       1         

 

Issue

To consider the Phase 4 extension of Australian Government’s Local Roads and Community Infrastructure (LRCI) program.

Background

Since May 2020 the Australian Government has provided Phases 1 to 3 of the LRCI program. On 30 March 2022 a $500 million Phase 3 extension was announced, which later became known as Phase 4 (Part A). In February 2023 an additional $250 million (Part B) was included to recognise the need to support local communities across Australia, particularly in regional and non-urban areas.

Detail

The Phase 4 LRCI program was announced through the Australian Government’s 2022/23 budget and has been provided due to continued strong community and local government support.

 

The Department of Infrastructure, Transport, Regional Development, Communications, and the Arts (the Department’s) has advised that:

 

·        From July 2023 councils will be able to access funding through the LRCI Program Phase 4, with projects to be delivered by 30 June 2025;

·        This increased funding, as well as longer delivery window, will allow local governments more time to plan larger or more complex projects that may be a higher priority and have a bigger impact in their community; and

·        The City will receive an allocation of $1,973,047 Part A and $1,138,097 Part B, totalling $3,111,144. The purpose of Part A funding is for use on road and or community infrastructure projects, whilst Part B funding is specifically for local road projects that are defined as being in a rural, regional, or outer-urban location.

 

A Phase 4 grant agreement and guidelines, inclusive of Parts A and B, were sent to the City on 30 June 2023, Attachments 1 and 2. Once the grant agreement has been executed and returned the Department will send the City a Work Schedule template to nominate projects.

 

Council report (SCS01-07/23) on the 2023/24 Annual Budget included a reference to the City being allocated the LRCIP Phase 4 funding and that it would be budgeted for in 2024/25. During the budget development process, it was proposed that the Part A portion would be allocated towards delivering Heath Park new sports amenities building, Eglinton (PR-4283) and is reflected in the draft Long Term Financial Plan (LTFP).

 

Investigations for appropriate options of Part B funding include road(s) that would not otherwise qualify for any other external funding, extent of any environmental, design or service relocations required and being able to meet the delivery deadline of 30 June 2025. The Department has informed that all roads within the City could qualify for funding, as the City has been deemed “non-urban” in the LRCIP guidelines.

 

The preferred project considered by Administration is to assign Part B funds towards Neerabup Industrial Area (existing estate), Neerabup, upgrade roads and services infrastructure (PR-2616), as this project has been fully designed and has a funding shortfall identified after competitive tendering. Proceeding with the existing infrastructure upgrade works would complement the Flynn Drive dualling upgrade, giving an overall improved service to the Neerabup Industrial Area.

 

Both projects listed for the LRCI funding will be subject to acceptance of the Work Schedule by the Department of Infrastructure, Transport, Regional Development, Communications, and the Arts.

Consultation

Community consultation has already been undertaken on both projects (Heath Park and Neerabup, upgrade roads and services infrastructure). No separate consultation is required for allocation of the grant funding.

Comment

The Phase 4 LRCI program having two distinct parts provides the City with an opportunity to deliver a variety of projects, which can provide significant benefit to the City’s community. The identified projects will utilise a wide range of trades/industries, stimulating businesses in and around the City.

 

Delivery of the projects will be subject to Administration completing the appropriate project delivery and resourcing schedule. Timing of the delivery and completion of the respective projects will be agreed with the relevant stakeholders. There may be the requirement for one additional Project Manager, pending finalisation of the resource requirements, to assist in delivery of these and a suite of other externally funded projects within the 2024/25 financial year.

 

To facilitate the receipt of the first payment of the grant as soon as practicable it is proposed that Council consider providing the Chief Executive Officer authorisation to consider further amendments to the proposed Work Schedule and grant approval. All funds are proposed to be listed in 2024/25 Budget, however, should the identified projects be progressed sufficiently early then there may be an opportunity to bring some funds forward into 2023/24 Budget to ensure completion occurring by the 30 June 2025 delivery deadline.

Statutory Compliance

The City has already received the grant agreement for execution, which will require statutory compliance.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

3 ~ A vibrant, innovative City with local opportunities for work, business and investment

3.1 - Strong and diverse local economy

Risk Appetite Statement

In pursuit of strategic objective goal 3, we will accept a Medium level of risk, extended to High in the areas of where there may be Governance, Community / Reputation & Financial / Commercial impacts. For the City to realise a future role as a self-sustainable, vibrant and viable business and corporate centre, the City recognises higher risk will be required to attract investors, build a contemporary environment which ensures regulation is efficient but effective and realise a higher return on investment for the City. It is recognised that land acquisitions, environmental development and management processes and community support could all be challenged in the short term to realise the future successful offset of longer-term strategic risk.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

53 ~ A vibrant, innovative City with local opportunities for work, business and investment well planned, safe and resilient City that is easy to travel around and provides a connection between people and places.

5.4 – People can move around easily

Risk Appetite Statement

In pursuit of strategic objective goal 5, we will accept a medium level of risk, extended to High in the areas of Community / Reputation & Financial / Commercial impacts. Shifting transport modes and usage in the City may require short term pain for longer term gain as the City supports the development, maintenance, and connection of alternatives to car use (e.g., cycle ways) and the supporting infrastructure.

Risk Management Considerations

Risk Title	Risk Rating
CO – O10 Workforce Planning	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

Risk Title	Risk Rating
CO – O17 Financial Management	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

Risk Title	Risk Rating
ST – G09 Long Term Financial Planning	Low
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

 

Risk Title	Risk Rating
ST – S24 Strategic Asset Management	Medium
Accountability	Action Planning Option
Director Assets	Manage

 

The above risks relating to the issue contained within this report have been identified and considered within the City’s Strategic/Corporate risk register. Action plans are in place to manage these risks.

Policy Implications

Nil

Financial Implications

As per communications received after the approval from the Department, the City will receive $3,111,144, being paid in instalments after the approval of the Work Schedule, subject to the City complying with the program guidelines. The approved LTFP already includes $883,047 of this funding being allocated to Heath Park. The draft LTFP lists these projects as below: -

 

·        2024/25 - 1,973,047 Part A allocation for Heath Park new sports amenities building, Eglinton (PR-4283); and

·        2024/25 - $1,138,097 Part B allocation for the Neerabup Industrial Area (existing estate), Neerabup, upgrade roads and services infrastructure (PR-2616).

 

Similar to the previous phases, the guidelines stipulate that the funding is in addition to planned projects using own funds or funds already available. Proof of maintaining capital expenditure may be a requirement. This will be considered as part of the impending review of the LTFP.

Voting Requirements

Absolute Majority

 

Recommendation

That Council: -

1.       ACCEPTS the offer of $3,111,144 funding allocated by the Australian Government under its Local Roads and Community Infrastructure Program Phase 4;

2.       ENDORSES:

a)      Part A funding being for local road and community infrastructure projects, of $1,973,047, to be allocated fully to Heath Park, new sports amenities building, Eglinton (PR-4283) in 2024/25 Budget and

b)      Part B funding being for road projects in regional, rural, and outer-urban areas, of $1,138,097, to be allocated fully to Neerabup Industrial Area (existing estate), Neerabup, upgrade roads and services infrastructure (PR-2616) in 2024/25 Budget; and

3.       AUTHORISES, BY ABSOLUTE MAJORITY the Chief Executive Officer to:

a)      Approve and execute the Grant Agreement, Attachment 1, with the Program Phase 4 administering entity Federal Department of Infrastructure, Transport, Regional Development, Communications and the Arts;

b)      Following execution of the grant agreement submit the Approved Work Schedule to the Federal Department of Infrastructure, Transport, Regional Development, Communications and the Arts for both Part A and B funding;

c)      Review and substitute projects listed in the Approved Work Schedule, if required, and approve the Work Schedule in accordance with the Program Phase 4 guidelines; and

d)      Subject to 3(b) and (c) above, include projects in the Approved Work    Schedule in the relevant financial years’ CWP.

 

Attachments:

1⇩.

Grant Agreement - LRCI Phase 4

23/239823

 

 

File Ref:                                              43791 – 23/331986

Responsible Officer:                          Director Assets

Attachments:                                       1         

 

Issue

To consider Tender No. 23025 for the Riverlinks Park, Clarkson, New All-Abilities Playground.

Background

A project is listed in the 2023/24 Capital Works Program for the construction of an all-abilities playground at Riverlinks Park, Clarkson. This project has received funding from the Department of Local Government, Sport, and Cultural industries. The civil works started in September 2023, and will be completed before the playground works start in February.

 

The All-Abilities Playground works will include play equipment, footpaths, shelters, picnic tables, seatings, barbeques, lighting, feature entrance sign, interactive and communication boards, trees and shrubs planting, turf, and reticulation.

 

Detail

Tender No. 23025 for the Riverlinks Park, Clarkson, All-Abilities Playground was advertised on 15 July 2023 and closed on 29 August 2023.

 

Tender No. 23025 was issued as a separable portion tender which allowed administration to achieve the best economies of scale, within budget, in the construction phase.

 

Essential details of the proposed contract are as follows:

 

 

Tender submissions were received from the following companies:

 

·        Phase3 Landscape Construction Pty Ltd (Phase3); and

·        Albra Investments Pty as Trustee for The Horizon West Trust trading as Horizon West Landscape Constructions (Horizon West)

 

Probity Oversight

Oversight to the tender assessment process was undertaken by the City’s Contracts Team.

Tender submissions were evaluated in accordance with the Procurement Evaluation Plan (PEP).  The PEP included the following selection criteria:

	Criteria Description	Weighting	Schedule
Qualitative Criteria 1:	Sustainable Procurement: a)   Environmental Considerations 5% b)   Buy Local 10% c)   Reconciliation Action Plan 2.5% d)   Disability Access & Inclusion 2.5%	20 %	3A 3B 3C 3D
Qualitative Criteria 2:	*Demonstrated experience of tenderer and personnel	30%	3E
Qualitative Criteria 3:	*Methodology, resources and capacity	30%	3E
Qualitative Criteria 4:	*WSH demonstrated working documents	20%	2

Tenderers must meet the City’s minimum requirements (as determined by the City) for each of the qualitative criteria detailed above (*) to be considered for further evaluation.

Pricing is not included in the qualitative criteria and is considered as part of the overall value for money assessment.

Both tender submissions were received as conforming.

Evaluation Criteria 1 - Sustainable Procurement (20%)

Evidence of Sustainable (Corporate Social Responsibility) Procurement was assessed based on the Tenderer’s responses provided to the Questionnaires within Schedules 3A, 3B, 3C and 3D which formed part of the tender documentation.

Sub Criteria a) Environmental Considerations (5%)

The City is committed to procuring goods and services that provide positive environmental, social, and economic impacts over the entire life cycle of a product or service. Respondents are encouraged to provide credentials of any environmental claims of the goods and/or services submitted in this tender.

Tenderers provided details of their environmental considerations within Schedule 3A, with the following ranking:

 

Sub Criteria b) Buy Local (10%)

An assessment was made based on the response provided, detailing the following information:

·        Location of tenderer’s offices and workshops;

·        Residential addresses of staff and company addresses of subcontractors;

·        Purchasing arrangements through local businesses; and

·        Requirement for new employees arising from award of the contract.

 

Tenderers provided details of their “Buy Local” considerations within Schedule 3B, with the following ranking:

 

Sub Criteria c) Reconciliation Action Plan (RAP) (2.5%)

An assessment was made to determine the ranking based on the responses provided that relate to:

·        RELATIONSHIPS - building positive relationships between indigenous and non-indigenous people;

·        RESPECT – recognising the contribution of Indigenous people to Australia and learning more about the history, culture, and diversity in a two-way communication process;

·        OPPORTUNITIES – attracting, developing, and retaining organisational talent to build opportunities for aboriginal employment, training, and development and mentoring.

 

Tenderers provided information specifying differing levels of actions in relation to indigenous reconciliation action with assessment resulting in the following ranking:

 

Sub Criteria d) Access & Inclusion Plan (AIP) (2.5%)

An assessment was made to determine the ranking based on the responses provided that relate to:

·        People with disabilities having the same buildings and facilities access opportunities as other people;

·        People with disabilities receiving information in a format that will enable them to access information as readily as other people are able to access it;

·        People with disabilities receiving the same level and quality of service from staff as other people receive;

·        People with disabilities having the same opportunities as other people to make complaints; and

·        People with disabilities having the same opportunities as other people to participate in any employment opportunities.

 

Tenderers provided information specifying considerations for access and inclusion provisions with assessment resulting in the following ranking:

 

Overall Sustainable Procurement Ranking Summary

The overall assessment of the Sustainable Procurement criteria has resulted in the following overall ranking:

 

 

Evaluation Criteria 2 - Tenderer’s relevant experience with achievement of meeting client expectations of tenderer and personnel (30%)

The tenderer’s relevant experience in demonstrating the achievement of meeting client expectations as presented in their tender submission were assessed to evaluate their capability to meet the requirements of the contract.  Assessment of this criterion considered the tendering entity’s credentials to fulfil the requirements of the contract. The assessment of this criterion has resulted in the following ranking.

 

Evaluation Criteria 3 - Tenderer’s methodology, resources, and capacity to meet the requirements of the Contract (30%)

The tenderer’s resources as presented in their tender submission were assessed to evaluate their capacity to meet the requirements of the contract.  Assessment of this criterion considered the tenderer’s staff resources, vehicles, plant/equipment, and workshop support to manage the contract. The assessment of this criterion has resulted in the following ranking:

 

 

Evaluation Criteria 4 - Tenderer’s Safety Management Systems (20%)

Evidence of safety management policies and practices was assessed from the tender submissions.  The assessment for safety management was based on the tenderers’ responses to a Work Health and Safety Management System Questionnaire included within the tender documentation.

All tenderers provided details of their safety management systems with the following ranking:

 

Overall Weighted Assessment and Ranking

Tenderer’s submissions were reviewed in accordance with the Tender Evaluation Plan with the following key observations:

·        The tenderers’ bids were evaluated in accordance with the selection criteria and were assessed as having the necessary resources, previous experience, capability and safety and quality management systems to undertake the tender.

 

The overall weighted assessment resulted in the following tender ranking:

 

Pricing for the Goods Offered

An assessment was made to determine the ranking based on the lump sum pricing provided with the tender documentation. 

Based on the lump sum pricing information provided, tenderers are ranked as follows:

 

A further assessment was undertaken based on the exclusion of optional items 13, 17, 19, 21, 23, 30 & 34 in Schedule 1C, which resulted in the following ranking:

 

Value for Money Assessment

The combined assessment of lump sum price vs qualitative criteria resulted in the following tenderer ranking (highest to lowest):

 

Overall Assessment and Comment

Further assessment on both tenderers was undertaken using the relative value for money index methodology, which has resulted in the tender submission from Horizon West providing overall best value for money outcome in accordance with the assessment criteria and weightings as detailed in the Procurement and Evaluation Plan and is therefore recommended as the successful tenderer.

 

Consultation

The initial consultation was undertaken in accordance with the City’s Community Engagement Policy and included engaging with the City’s Disability Access and Inclusion Reference Group (DAIRG) as part of the preliminary planning stage.

 

The survey was open between 14 June 2022 and 3 July 2022, and the following methods were used to complete the assessment:

 

·        Mail out to residents and homeowners within 400m radius of Riverlinks Park;

·        Direct consultation with existing user groups and sporting clubs of the adjacent active sporting field;

·        Post on the City’s Your Say Page and social media platforms;

·        Signage installed at strategic locations throughout the park and surrounding pathways, with a QR Code directing to the survey; and

·        Shared with the Disability Access and Inclusion Reference Group and their networks.

The overall majority (82%) indicated that the development of an All-Abilities Playground would encourage respondents to visit the area and welcomed the increase in facilities.  Multiple respondents identified as parents or grandparents and welcomed the provision of a children’s play space to be utilised whilst enjoying other activities such as dog walking and taking part in group fitness sessions.  Reference was made to lack of provisions currently in the Clarkson area that cater for children with disabilities. 

 

Concept Design

Further community consultation was undertaken between 22 August 2022 and 9 September 2022.  During this time the concept design for the All-Abilities Playground was open for review and the community were invited to provide feedback.

 

The overall majority responded favourably to the proposed concept design, highlighting the need for dog walking and group fitness sessions in the area. 

Comment

The tender submission from Horizon West achieved the highest ranking and satisfied the overall value for money assessment in accordance with the assessment criteria and weightings as detailed in the Procurement Evaluation Plan and is therefore recommended for the tender award.

 

Whilst some separable portion items are excluded due to budget limitations, the proposed award will yield a fully functional play space.

 

Statutory Compliance

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

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2021 – 2031:

1 ~ An inclusive and accessible City with places and spaces that embrace all

1.3 - Facilities and activities for all

Risk Appetite Statement

In pursuit of strategic objective goal 1, we will accept a Medium level of risk. The recent pandemic has challenged our previous event delivery, place activation and community connection processes, and the City accepts that meeting community expectations in a more restrictive environment needs flexibility and innovation if community connection is to develop and grow in contrast to social and individual isolation.

 

Enterprise Risk Management Considerations

 

Risk Title	Risk Rating	Accountability	Action Planning Option
ST-S23 Stakeholder Relationships	Medium	Executive Leadership Team	Manage
ST-S26 Resilient and Productive Communities	Medium	Director Community and Place	Manage
CO-O15 Project Management	Medium	Director Corporate Strategy & Performance	Manage

 

 

Financial and Performance Risk

Financial Risk

A financial risk assessment was undertaken as part of the tender evaluation process and the outcome of this independent assessment by Equifax Australasia Credit Ratings Pty Ltd advised that Horizon West is assessed with the financial capacity to meet the requirements of the contract.

 

Performance Risk

Horizon West successfully delivered construction services while working with various local governments across Western Australia, including previous projects with the City. In addition, the recommended respondent has no disputes and claims history as stated in the submission.

 

Independent reference checks have also indicated that the recommended tenderer has a strong track record of working with local government for more than 5 years.

Policy Implications

Tenders were invited in accordance with the requirements of the City’s Purchasing Policy.

Financial (Budget) Implications

PR-4361 Riverlinks Park All-Abilities Playground
Description	Expenditure	Budget
Budget:
Capital Works Budget for 2021/22		$32,419
Capital Works Budget for 2022/23		$113,778
Allocated Capital Works Budget for 2023/24		$453,803
Listed Capital Works Project for 2024/25		$2,000,000
Expenditure:
Expenditure incurred to date	$330,448
Commitment to date	$403,764
Project Management	$40,000
Construction Activities
-     Recommended tenderer	$1,912,943
Non Tender works
-     Garrison Fencing	$61,500
-     Fencing- main entries	$20,149
-     Associated works and Contingencies	$160,000
-     Trees and shrubs	$12,900
Total Expenditure	$2,941,704
Total Funding		$2,600,000
Funding Shortfall		($341,704)

 

A budget adjustment is required to meet the shortfall by utilising funding identified in other capital works projects which will be unspent in 2023/24 financial year. 

 

Post the tender award the work schedule will be reviewed with the appointed contractor to estimate the cashflow requirements for FY2023/24. and a budget adjustment will be requested for council to bring forward the grant funding expenditure from FY 2024/25 to FY 2023/24 to suit.

 

 

The grant conditions disburse the funding as follows;

 

·        $725,000 was received on completion of design,

·        $875,000 on the award of this construction contract,

·        $900,000 at fifty percent completion; and

·        $ 100,000 at practical completion.

 

The above project financials do not include the provision of a toilet block and additional carpark at an estimated cost of $400,000. Council will be requested to consider the allocation of funding for these items in 2024/25 Budget.

Voting Requirements

Absolute Majority

 

Recommendation

That Council:

1.       ACCEPTS the tender submitted by Albra Investments Pty Ltd ATF Horizon West  Trust t/as Horizon West Landscape Constructions for Tender No. 23025, for the Riverlinks Park, Clarkson All-Abilities Playground, for the lump sum of $1,912,943, exclusive of options items 13, 17, 19, 21, 23, 30 & 34;

2.       APPROVES BY ABSOLUTE MAJORITY the following changes to the 2023/24 Capital Works Budget:

Number	From	To	Amount	Description
PR-4361	PR-4459 Recurring Program, New Shade Structures 2023-24	PR-4361 Riverlinks Park, Clarkson, New All Abilities Playground	$40,000	Additional funds required due to tender prices higher than the budget
PR-4361	PR-4282 Kingsway Regional Sporting Complex, Upgrade Precinct Servicing Infrastructure	PR-4361 Riverlinks Park, Clarkson, New All Abilities Playground	$68,000
PR-4361	PR-4501 Recurring Program, New Park Equipment 2023-24	PR-4361 Riverlinks Park, Clarkson, New All Abilities Playground	$40,000
PR-4361	PR-4460 Recurring Program Renew Park Assets 2023/24	PR-4361 Riverlinks Park, Clarkson, New All Abilities Playground	$83,000
PR-4361	PR-4414 Brampton Park, Butler, Renew Pathway Lighting	PR-4361 Riverlinks Park, Clarkson, New All Abilities Playground	$110,704

 

This attachment is confidential and distributed under separate cover to all Council Members.
23025 Confidential Attachment 1  - Confidential Memorandum	23/361147