Agenda of Council Members' Briefing Session

Agenda

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

Approval Services

4.1 Amendment No. 213 to District Planning Scheme No. 2 – Various Amendments to Facilitate Revocation of Lot 201 Breakwater Drive Two Rocks Agreed Local Structure Plan No. 35 and Amendment to Lot 202 Breakwater Drive, Two Rocks Agreed Local Structure Plan No. 53

File Ref: 48918 – 24/27026

Responsible Officer: Director Planning & Sustainability

Attachments: 10

Issue

For Council to consider initiating Amendment No. 213 to District Planning Scheme No. 2 (DPS 2) to:

· Apply local scheme reserves over Crown land parcels in the Two Rocks locality which are currently zoned Rural Residential;

· Adjust the Special Provisions in DPS 2 pertaining to Rural Residential zoned lots in the Two Rocks locality; and

· Facilitate a revocation of Lot 201 Breakwater Drive, Two Rocks Agreed Local Structure Plan No. 35 (ASP 35) and the eventual expiry of Lot 202 Breakwater Drive, Two Rocks Agreed Local Structure Plan No. 53 (ASP 53).

Background

Locational Background

The land subject to proposed Amendment No. 213 to DPS 2 (Amendment No. 213) is located to the west of Wanneroo Road and the north and south of Breakwater Drive, Two Rocks. Amendment No. 213 affects an area which is subject to ASP 35 and ASP 53 (subject area). Both ASP 35 and ASP 53 were prepared to guide the creation of rural lifestyle lots through subdivision. The subject area covers 510.5 hectares; of which 278.5 hectares is affected by ASP 35 and 232 hectares is affected by ASP 53.

The locations of ASP 35 and ASP 53, and how they are situated within the subject area, is shown on the plan in Attachment 1. A Scheme Map extract of the subject area is provided as Attachment 2.

Subdivision of the area affected by ASP 35 has been completed. There is now a complete road network through the ASP 35 area – as well as 139 rural lifestyle lots, of which only nine are not occupied by dwellings. Rural lifestyle lots in the ASP 35 area range in size from one hectare to 2.86 hectares. The ASP 35 area contains public open space and a vacant 5,000m² site previously ceded for community purposes.

Subdivision in the ASP 53 area is largely completed, except for a small portion which is still subject to subdivision and road construction (where shown in Attachment 1). To date, there have been 157 rural lifestyle lots created, of which 25 are not occupied by dwellings. It is expected that further subdivision will create seven additional lots. Rural lifestyle lots in the ASP 53 area range in size from 8,696m² to 2.76 hectares. The ASP 53 area also provides public open space areas and the Two Rocks Volunteer Bush Fire Brigade site.

Background on Current District Planning Scheme No. 2 and Proposed Amendment

The subject area is largely zoned Rural Residential under DPS 2, as shown in Attachment 2, except for two conservation sites. The Rural Residential Zone was applied over the subject area through Amendment No. 172 to DPS 2 (Amendment No. 172), which was gazetted in May 2023. Amendment No. 172 was a major amendment that aligned the zonings, land use definitions and other Scheme provisions with the State Government’s ‘model provisions’ for local planning schemes.

Prior to the approval of Amendment No. 172, the subject area had a Rural Community zoning under DPS 2. Rural Community Zone was to provide for orderly and integrated subdivision and development of larger areas of land proposed for rural residential use. DPS 2 then intended that this would occur through structure planning, prompting the preparation of ASP 35 and ASP 53. This Rural Community Zone no longer exists in DPS 2, as Amendment No. 172 replaced this zone with the Rural Residential Zone from the model provisions.

Amendment No. 172 did not apply local scheme reserves over Crown land parcels in the subject area; such as public open spaces, the remaining conservation reserves, a bushfire brigade site and a vacant community purpose site. Amendment No. 213 will apply the appropriate local scheme reserves over these Crown land parcels, as detailed in this report.

Amendment No. 213 also seeks to adjust Special Provisions in Schedule 8 of the DPS 2 text, pertaining to the subject area. In addition to general planning requirements, the Special Provisions in DPS 2 provide specific planning requirements for 20 individual areas zoned Rural Residential. The current Special Provisions in DPS 2 specific to the subject area (Rural Residential area No. 19) are provided in Attachment 3. Adjustments to the Special Provisions are needed to remove redundant text and to account for the revocation of ASP 35 (as recommended in this report). Changes also address the imminent expiry of ASP 53 (as discussed below). The extent of the proposed adjustments to the Special Provisions are detailed later in this report.

Although Amendment No. 213 does not propose extensive changes to the Scheme Map, it does fall within the City’s Scheme normalisation program. The process of normalising structure planned 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.

Background on Structure Plans in Subject Area

ASP 35 and ASP 53 was adopted by the Western Australian Planning Commission (WAPC) in October 2002 and June 2013 respectively. The implementation parts of ASP 35 and ASP 53 (including the associated maps) are included in Attachment 4 and Attachment 5. Both structure plans are set to expire on 19 October 2025.

Subdivision in the ASP 35 area has now been completed, and therefore the structure plan is now considered redundant. As discussed later in the report, a review of the structure plan provisions has been undertaken to consider what needs to be transferred into DPS 2. This will allow ASP 35 to be revoked, as recommended in this report.

As there is still a vacant portion of the ASP 53 area which is pending subdivision, this structure plan cannot yet be revoked. Nevertheless, through preparing Amendment No. 213, Administration has still undertaken a review of the structure plan provisions for the purpose of transferring relevant requirements to DPS 2. This will minimise the prospect of planning and administrative consequences from occurring when ASP 53 expires in October 2025.

Much of the same vacant portion of ASP 53 mentioned above (and where shown in Attachment 1) was subject to Amendment No. 1 to ASP 53. That proposal reduced the area of a public open space site that ASP 53 had initially intended – from 4.76 hectares to 1.7 hectares. At the time that the amendment was being considered, there was strong community opposition for the proposed reduction of the public open space area. Relating to those concerns, Administration arranged onsite community meetings that some Council Members attended. The final outcome of Amendment No. 1 was that it was approved by the WAPC in October 2019, without a formal recommendation from Council or Administration being provided.

The subject area is also situated within the City’s Yanchep-Two Rocks Agreed District Structure Plan No. 43 (DSP 43). DSP 43 provides the broad district level planning framework for development of the Two Rocks and portion of the Yanchep localities. The District Structure Plan map is included as Attachment 6. DSP 43 has also formed the basis for various local structure plans to be prepared, including ASP 35 and ASP 53. DSP 43 also expires in October 2025, and this structure plan also requires a review, which will be undertaken by DPLH, in collaboration with relevant stakeholders.

Detail

Amendments to DPS 2

The purpose of Amendment No. 213 is to adjust the Scheme Map and text provisions as it relates to the Rural Residential zoned land in the Two Rocks locality. The full extent of the amendments proposed through Amendment No. 213 (including the Scheme (Amendment) Map) is detailed in Attachment 7.

Amendment No. 213 seeks to amend the Scheme Map to apply local scheme reserves over Crown land parcels situated in the subject area. Currently, these Crown land parcels are zoned Rural Residential.

In addition, Amendment No. 213 will adjust the Special Provisions applicable for Rural Residential Zone No. 19, relevant to the subject area. Adjustments to the Special Provisions are intended to:

· Remove redundant provisions, some of which were in place to guide the formulation and content of the structure plans; and

· Ensure that satisfactory development requirements are in place even after ASP 35 is revoked and ASP 53 expires.

The proposed adjustments to the DPS 2 Special Provisions are outlined in detail in Attachment 8. The key changes proposed involve removing provision for building envelopes and aligning land use permissibility in the subject area with the DPS 2 Zoning Table. The key changes are discussed further in the Comment section of the report.

Subsequent Revocation of ASP 35 and Amendments to ASP 53

Should the Minister for Planning (Minister) approve Amendment No. 213, the WAPC will also need to consider revoking ASP 35 and amending ASP 53.

Any local planning scheme amendment affecting land in structure plan areas require an accompanying Statement pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) and the WAPC’s WA Planning Manual: Guidance for Structure Plans. In this case, Amendment No. 213 is proposed to include a Statement to express that ASP 35 should be revoked, DSP 43 will not be affected and for ASP 53 to be amended. A Statement prepared by Administration is included in Attachment 9.

Amendments are needed to the ASP 53 text to ensure that references to DPS 2 in the structure plan are correct and that provisions which are no longer aligned to planning legislation are removed. A substantial review of the ASP 53 text or map was not undertaken, given the structure plan will expire imminently. Reflective of the Statement in Attachment 9, a track change version of the recommended amendments to the ASP 53 text is provided in Attachment 10.

DPS 2 Amendment Classification

Amendment No. 213 to DPS 2 meets the following criteria for ‘Standard Amendments’ in the context of Regulation 34 of the Regulations:

· An amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a basic amendment;

· An amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment.

Consultation

Should Council resolve to prepare Amendment No. 213 to DPS 2, the amendment will need to be referred to the Environmental Protection Authority (EPA) pursuant to Section 81 and 82 of the Planning and Development Act 2005.

Further to the EPA referral process, Amendment No. 213 will also need to be referred to the WAPC for approval to advertise. This referral is made pursuant to Section 83A of the Planning and Development Act 2005 and will be considered by an officer of the Department of Planning, Lands and Heritage (DPLH), delegated to perform this function by the Minister. Under this section of the Planning and Development Act 2005, the Minister (or their delegate) may:

· Approve a proposed scheme amendment for advertising; or

· Require the local government to modify the scheme amendment, and resubmit it for further consideration; or

· Refuse approval for the proposed amendment to be advertised. Should such a decision be made, the local government cannot proceed with the proposed amendment.

Subject to the EPA and the Minister’s delegate being satisfied with the amendment (with or without modifications), Amendment No. 213 will then be advertised for public comment for a period of 42 days. Advertising is to occur in the following manner, pursuant to Regulations 47 and 76A of the Regulations:

· Publish a notice of the amendment on the City’s website – and upload the amendment documentation;

· Make a copy of the amendment document available for public inspection at a place within the district during normal business hours (City’s Civic Centre);

· Where appropriate, publish a notice in a newspaper circulating in the relevant locality;

· Notify public authorities likely to be affected by the amendment; and

· Advertise the amendment as directed by the WAPC and in any other way the local government considers appropriate.

In addition to the above, Administration will write to all landowners and occupiers of rural-residential land affected by Amendment No. 213.

The process to prepare, amend and revoke structure plans is set out in the deemed provisions for local planning schemes (deemed provisions), contained in Schedule 2 of the Regulations. The deemed provisions do not specifically outline advertising for the revocation and/or amendments to structure plans after the Minister’s approval of a local planning scheme amendment. However, when Amendment No. 213 is advertised, Administration can ensure that potential submitters are also made aware of the City’s intentions to have ASP 35 revoked and ASP 53 amended.

Comment

The Regulations (Regulation 35A) make provision for when an amendment to a local planning scheme affects a structure plan area, the amendment must include 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

In this case, Administration is proposing that Amendment No. 213 include a Statement in accordance with Regulation 35A(a) (regarding the revocation of ASP 35), Regulation 35A(b) (that ASP 53 will be amended) and Regulation 35A(c) (that there will be no change to DSP 43). As outlined above, a Statement has been prepared for Council’s consideration and is provided in Attachment 9. Both the revocation of ASP 35 and amendment to ASP 53 should then be processed by the WAPC following the approval of Amendment No. 213, pursuant to Clause 29A of the deemed provisions.

Local Scheme Reserves over Crown Land Parcels

Currently, there are multiple Crown land parcels in the subject area that are situated in the Rural Residential Zone. Amendment No. 213 proposes to assign these parcels the appropriate local scheme reserve, as shown on the Scheme (Amendment) Map in Attachment 7. Administration’s reasoning for the local scheme reserves being proposed is provided in the table below:

Land Parcels	Proposed Local Scheme Reserve
· Lot 14966 (20) Countryside Drive, Two Rocks; · Lot 701 (1) Caraway Loop, Two Rocks; and · Lot 8002 (18) Oregano Drive, Two Rocks.	These lots have been ceded through subdivision for the purpose of open space. In response, Amendment No. 213 proposes to apply the ‘Public Open Space’ local scheme reserve over these lots.
Lot 14965 (12) Orchard Rest, Two Rocks	Lot 14965 is a 5,000m² land parcel that is landscaped in a manner that integrates with the adjoining open space on Lot 14966 (referred to above). However, Lot 14965 was set aside as a Community Purposes site, as is required under the Special Provisions. To align with the intended purpose of the site, Amendment No. 213 proposes to apply the ‘Civic and Community’ local scheme reserve over Lot 14965.
· Lot 212 (559) Breakwater Drive, Two Rocks; and · Lot 213 (558) Breakwater Drive, Two Rocks	Both lots are owned by the City in Freehold and intended to serve a drainage function. Amendment No. 213, therefore, proposes to apply the ‘Drainage/Waterway’ local scheme reserve over these lots.
Lot 700 (5) Caraway Loop, Two Rocks	Lot 700 supports the Two Rocks Volunteer Fire Brigade facilities. Amendment No. 213 proposes to apply the ‘Public Purposes’ local scheme reserve over Lot 700, consistent with the activities occurring on that site.
Lot 1003 (63) Cinnamon Meander, Two Rocks	An open space area that is well vegetated. Amendment No. 213 proposes to apply the ‘Environmental Conservation’ local scheme reserve over Lot 1003.
Lot 1002 (123) Cinnamon Meander, Two Rocks	An open space with good vegetation. ASP 53 has also identified this lot has having Aboriginal heritage significance – and intended that this land parcel be a conservation reserve. In response, Amendment No. 213 proposes to apply the ‘Environmental Conservation’ local scheme reserve over Lot 1002.
Vanilla Retreat, Majoram Vista, portion Cinnamon Meander and portion Elderberry Link road reserves, Two Rocks	Most road reserves that were in place at the time Amendment No. 172 was approved in May 2023 were placed into the ‘Local Road’ local scheme reserve. However, these listed road reserves were recently created and currently situated in the Rural Residential Zone. Amendment No. 213 proposes to apply the ‘Local Road’ local scheme reserve over these road reserves.

Removal of Building Envelopes

Both ASP 35 and ASP 53 require development on each rural-residential lot to be contained within a building envelope. The Special Provisions required building envelope areas to be designated on each rural-residential lot in the subject area.

DPS 2 defines ‘building envelope’ as an area of land within which all buildings and effluent disposal facilities on a lot must be maintained. The building envelopes placed on the rural-residential lots also seek to maintain amenity and to ensure that impacts on karstic features and the natural environment are minimised. The planning framework in both ASP 35 and ASP 53:

· Provides for building envelope locations on the structure plan maps (contained within Attachment 4 and Attachment 5);

· Required building envelopes to be pegged out through the subdivision process; and

· Allows building envelopes to be amended by landowners through the development approval process.

In preparing this amendment, Administration considered that maintaining the building envelopes is not critical to ensuring that the appropriate development outcomes are achieved. Schedule 6 of the DPS 2 text already makes General Provisions for the Rural Residential Zone that respond to amenity and the protection of the natural environment. For example, the General Provisions prescribe standard building setbacks for the Rural Residential Zone, as well as the requirement for approval prior to the removal of any vegetation.

In respect to building envelopes, what is proposed is the following:

· The removal of Special Provisions from DPS 2, through Amendment No. 213, referring to building envelopes for Rural Residential area No. 19.

· Even if the Special Provisions are changed through Amendment No. 213, the structure plans still contain a mechanism for building envelopes. However, the mechanism for building envelopes in ASP 35 will cease to have effect on revocation of that structure plan. Building envelopes in the ASP 53 area will cease to have effect when that structure plan expires in October 2025.

Further to the above, it is recognised that the building envelopes are set to minimise impacts on karstic features. Building on a karstic feature can affect building stability and integrity – which in turn affects human safety. To ensure continued consideration of risks associated with karstic features during the development application process, a Special Provision is proposed for Rural Residential area No. 19 as follows:

Applications for development approval involving works shall be supported by information that demonstrates to the satisfaction of the local government that:

· The affected land is physically capable of development and geologically suitable for the works proposed; and

· The proposed works will not pose a foreseen and unacceptable impact on karstic features.

The local government may accept the resubmission of information prepared to support a prior planning proposal as a means to meet the requirements of this provision.

Administration acknowledges that geotechnical investigations have been undertaken to facilitate development in the current building envelopes. This occurred either through structure planning, subdivision – or through applications for development approval to modify building envelopes. The above Special Provision proposed will allow use of previously prepared geotechnical investigations to support development applications.

Land Use Permissibility Changes

A Special Provision relating to Rural Residential Zone area No. 19 currently prescribes the following in relation to land use permissibility.

The land the subject of this zone may be used for rural-residential purposes, and no more than one residence shall be permitted on each lot. Home Office, Home Occupation and Home Business, Ancillary Dwelling and a maximum of one Home Store on Lot 12 (3) Countryside Drive may be considered as “D” uses.

In addition, separate Special Provisions also allow for the keeping of horses as an activity that can be carried out on the rural-residential lots in the subject area.

The Special Provisions effectively limit land use permissibility for the Rural Residential zoned lots in the subject area. The Zoning Table in DPS 2 typically makes permissible the following land uses in the Rural Residential Zone, in addition to those referred to in the Special Provisions:

· Art Gallery (‘A’)

· Bed and Breakfast (‘D’)

· Civic Use (‘D’)

· Commercial Vehicle Parking (‘A’)

· Community Purpose (‘A’)

· Holiday Accommodation (‘D’)

· Holiday House (‘D’)

· Industry – Cottage (‘D’)

· Rural Home Business (‘D’)

· Rural Pursuit/Hobby Farm (‘A’)

· Telecommunications Infrastructure (‘A’)

Under DPS 2, in the case of any conflict between the Special Provisions and the Zoning Table, the Special Provisions prevail. As there is a Special Provision relating to the permissibility of select land uses for Rural Residential area No. 19, the activities listed immediately above are currently not permissible in the subject area.

Amendment No. 213 is proposing to lift the restrictions in the Special Provisions relating to land use permissibility. This is to allow land use permissibility to be determined in accordance with the Zoning Table in DPS 2 for the Rural Residential Zone. Administration considers this to be justified, as the land uses that will become permissible are all discretionary – meaning that the City is able to consider approving proposals for these uses on a case-by-case basis.

Notwithstanding the above, a Special Provision will remain in place restricting the ‘Home Store’ use (formerly called a ‘Corner Store’) to Lot 12 Countryside Drive, located on the corner of Countryside Drive and Breakwater Drive, Two Rocks. A Home Store on Lot 12 will be considered a discretionary use subject to advertising (or an ‘A’ use), consistent with the DPS 2 Zoning Table. This Special Provision is proposed, as a proliferation of ‘Home Stores’ across multiple lots in the subject area has the potential to have a detrimental effect on the amenity of the surrounding rural-residential area.

Imminent Expiry of ASP 53

As outlined above, ASP 53 is set to expire in October 2025. Most of the 232-hectare land area affected by ASP 53 has been subdivided, except for an 8.8-hectare portion adjoining Breakwater Drive (as shown on Attachment 1).

There is a subdivision approval already in place (issued in January 2020) to create seven additional lots in the undeveloped area, which expires in January 2026. The subdivision approval also requires works to ensure the seven lots are serviced (e.g. by road access, power, water etc), prior to the issue of titles.

Administration considers that there is sufficient time for the developer to act on their subdivision approval. Should ASP 53 expire in October 2025, the subdivision approval in place allows for subdivisional works and the creation of lots to occur prior to January 2026. Therefore, there are grounds to allow ASP 53 to expire in October 2025, given the developer has subdivision approval and has reasonable opportunity to complete subdivision works under this current approval.

The expiry of ASP 53 may affect subdivision if the current approval is not enacted upon by January 2026 – and a further subdivision approval is needed. Administration (in consultation with the subdivider) could request the WAPC extend the approval duration of ASP 53 to allow subdivision to be completed in the structure plan area, if needed at the time.

Statutory Compliance

Amendment No. 213 to DPS 2 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. 213, the WAPC will revoke and amend the structure plans that apply over the Amendment No. 213 area pursuant to Clause 29A 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 if Council resolves to include a Statement in the amendment to that effect, pursuant to Regulation 35A 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 & 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. 213 is being processed noting the guidance for the amendment and revocation of structure plans contained within WAPC-prepared ‘WA Planning Manual: Guidance for Structure Plans’.

Financial Implications

Costs in preparing Amendment No. 213 to DPS 2 – and assisting the WAPC in revoking ASP 35 and amending ASP 53 – can be met from the current Planning and Sustainability operational budget.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. Pursuant to Section 75 of the Planning and Development Act 2005, PREPARES Amendment No. 213 to District Planning Scheme No. 2, to amend the local planning scheme to the extent outlined in Attachment 7;

2. Pursuant to Regulation 35A of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 213 to District Planning Scheme No. 2 include the Statement as provided in Attachment 9;

3. Pursuant to Regulation 34 and Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, RESOLVES that Amendment No. 213 to District Planning Scheme No. 2 is a standard amendment for the following reasons:

a) an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a basic amendment;

b) an amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment;

4. Pursuant to Section 81 and Section 82 of the Planning and Development Act 2005, REFERS Amendment No. 213 to District Planning Scheme No. 2 to the Environmental Protection Authority;

5. Pursuant to Section 83A of the Planning and Development Act 2005, SUBMITS Amendment No. 213 to District Planning Scheme No. 2 to the Minister for Planning for approval to advertise;

6. Subject to the satisfaction of the Environmental Protection Authority and the Minister for Planning (or their delegate), ADVERTISES Amendment No. 213 to District Planning Scheme No. 2 for a period of 42 days pursuant to Regulation 47 and Regulation 76A of the Planning and Development (Local Planning Schemes) Regulations 2015, incorporating any amendments that may be required;

7. NOTES that prospective submitters will be advised that following the approval of Amendment No. 213 to District Planning Scheme No. 2, the Western Australian Planning Commission will consider:

a) Revoking the City of Wanneroo’s Lot 201 Breakwater Drive, Two Rocks Agreed Local Structure Plan No. 35; and

b) Amending the City of Wanneroo’s Lot 202 Breakwater Drive, Two Rocks Agreed Local Structure Plan No. 53 in a manner consistent with the Statement in Attachment 9; and

8. NOTES that a further report will be presented to a future Council Meeting, following advertising of Amendment No. 213 to District Planning Scheme No. 2, seeking resolution in respect to the following:

a) Whether to support Amendment No. 213 to District Planning Scheme No. 2 (with or without modification) – or not support the amendment;

b) To provide the advertised Amendment No. 213 to District Planning Scheme No. 2 to the Western Australian Planning Commission; and

c) Subject to Council supporting Amendment No. 213 to District Planning Scheme No. 2 following advertising, requesting the Western Australian Planning Commission to:

i. Revoke the City of Wanneroo’s Lot 201 Breakwater Drive, Two Rocks Agreed Local Structure Plan No. 35, pursuant to Clause 29A(1) of the District Planning Scheme No. 2 Deemed Provisions; and

ii. Amend the City of Wanneroo’s Lot 202 Breakwater Drive, Two Rocks Agreed Local Structure Plan No. 53, pursuant to Clause 29A(2) of the District Planning Scheme No. 2 Deemed Provisions.

Attachments:

1 ⇩.	Attachment 1 - Location Plan of Area Affected by ASP 35 and ASP 53	24/69166
2 ⇩.	Attachment 2 - Current Scheme Map Extract - Area Affected by Amendment No. 213 to District Planning Scheme No. 2	24/50587
3 ⇩.	Attachment 3 - Special Provisions in District Planning Scheme No. 2 for Rural Residential Area No. 19	24/49746
4 ⇩.	Attachment 4 - Endorsed Part 1 - Lot 201 Breakwater Drive Agreed Structure Plan No. 35	13/150075
5 ⇩.	Attachment 5 - Part 1 of Lot 202 Breakwater Drive Two Rocks Local Structure Plan No. 53	24/49761
6 ⇩.	Attachment 6 - Yanchep-Two Rocks District Structure Plan Map	24/49767
7 ⇩.	Attachment 7 - Scheme Amendment Proposal - Amendment No. 213 to District Planning Scheme No. 2	24/50570
8 ⇩.	Attachment 8 - Review of Special Provisions in Schedule 8 of Scheme Affecting Rural Residential Area 19 - Amendment No. 213 to District Planning Scheme No. 2	24/50640
9 ⇩.	Attachment 9 - Regulation 35A Statement - Amendment No. 212 to District Planning Scheme No. 2	24/51394
10 ⇩.	Attachment 10 - Track Changes - Proposed Amendments to Lot 202 Breakwater Drive Two Rocks Local Structure Plan No. 53 - Supporting Amendment No. 213 to District Planning Scheme No. 2	24/51200

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

4.2 Consideration of Amendment No. 45 and No. 46 to East Wanneroo Cell 6 (Madeley and Darch) Agreed Local Structure Plan No. 8 Following Advertising

File Ref: 3381-45 – 24/40503

Responsible Officer: Director Planning & Sustainability

Attachments: 10

Issue

To consider two separate proposed Amendments to the East Wanneroo Cell 6 (Darch/Madeley) Agreed Local Structure Plan No. 8 (ASP 8) and make a recommendation to the Western Australian Planning Commission (WAPC) for their determination. Amendment No. 45 and Amendment No.46 both seek to rezone land to Commercial in order to facilitate development of a Neighbourhood Centre in the Darch locality on two separate sites in close proximity.

Background

The City received two separate amendments to ASP 8, both proposing to rezone land on Furniss Road Darch to Commercial in order to facilitate development of a new Neighbourhood Centre. Both proposed sites abutting Furniss Road. The subject sites are both part of former landfill operations and are actively being redeveloped into residential housing and a business precinct as the land is being progressively remediated and stabilised under the direction of the Department of Water and Environmental Regulation (DWER) and Department of Planning, Lands and Heritage (DPLH).

Due to the similarities in proposed commercial floor space, the range of land uses and their close physical location, it is considered prudent that both applications be considered together through a single report. This will assist Council to consider not only each individual proposal in context but also their potential combined impact. Particular consideration is required in relation to the impact of one or more new Activity Centres on the existing retail centres.

The two sites form part of the East Wanneroo Cell 6 (Madeley and Darch) Agreed Local Structure Plan No. 8 and are zoned “Urban Development under DPS 2. Both sites are subject of subdivision approvals for land currently zoned Residential R20 and Business.

The area is bound by residential land to the west, south and east with General Industry zoned land to the north being the Wangara industrial area.

A Location Plan is included as Attachment 1.

Amendment 45 – Corner of Furnis Road and Driver Road (Cell 6 Land Company Pty Ltd)

On 23 May 2023, Planning Consultants Element on behalf of Cell 6 Land Company Pty Ltd lodged Amendment No. 45 to the East Wanneroo Cell 6 Approved Structure Plan No. 8 for the City's consideration.

The amendment relates to Lot 1 (115) Furniss Road, Darch, located southeast of the junction of Furniss Road with Driver Road. The land is zoned Urban Development under DPS 2 and Urban under the Metropolitan Region Scheme. The East Wanneroo Cell 6 Approved Structure Plan No. 8 currently designates the site ‘Business Precinct’ and ‘Residential’ (R20). The subject land measures just over 1.2 ha in size.

Prior to the lodgement of proposed Amendment 45, the Western Australian Planning Commission (WAPC) approved an application for the subdivision of the subject land (on 26 May 2022 and is valid for four years) comprising 166 residential lots and eight Business zoned lots under WAPC approval Ref: 162023. The lots part of this subdivision approval have not yet been created through issuance of land titles as subdivision works are still ongoing.

The proposed amendment affects the approved subdivision layout of four of the Business zoned lots and ten residential zoned lots approved as part of the subdivision approval. These conditionally approved lots will need to be redesigned if this amendment is approved.

Amendment 46 – Corner of Furniss Road and Mirrabooka Avenue (Parcel Darch Pty Ltd)

On 14 August 2023, Urbis Pty Ltd on behalf of Fini Group Pty Ltd lodged Amendment No. 46 to the East Wanneroo Cell 6 Approved Structure Plan No. 8 (ASP 8) for the City's consideration.

The amendment relates to the “balance title” Lot 9002 (50), Attadale Avenue, Darch and is bound by Attadale Avenue to its south, Mirrabooka Avenue to its east and Furniss Road to the north. The land is zoned Urban Development under DPS 2 and Urban under the Metropolitan Region Scheme. The East Wanneroo Cell 6 Approved Structure Plan No. 8 currently designates part of the site ‘Business Precinct’ and part ‘Residential’ (R20).

Prior to the lodgement of proposed Amendment 46, the Western Australian Planning Commission (WAPC) approved an application for the subdivision of the subject land (6 April 2021 and is valid for four years) comprising one Public Open Space (POS) reserve and a large balance lot under WAPC 159221. Subsequently, a further subdivision was approved on 23 March 2021 under WAPC 159333 to facilitate the creation of 281 Residential zoned lots and eight Business zoned lots. The lots approved as part of these two subdivisions approvals have not yet been created through the issuance of land titles as subdivision works are ongoing.

The proposed amendment affects the approved subdivision layout of six Business zoned lots and 23 Residential zoned lots. The other approved lots and large public open space site are not affected by this proposal. Site contamination and land stability are dealt with through the subdivision process and works are proceeding. The proposal to amend the structure plan (the subject of this report) does not impact this or any earthworks required under the subdivision approval, nor does it impact the POS acquisition process under the Cell 6 Developer Contribution Plan (DCP). If approved, the proposed amendments from ‘Residential’ and ‘Business’ to ‘Commercial’ will not cause a DCP shortfall, as contributions are still required.

Detail

Amendment 45 Proposal

Amendment 45 proposes to amend ASP 8 to create a new Commercial zoned “Activity Centre” site for a 5,000m² maximum net lettable floor area (NLA) Neighbourhood Centre at the corner of Driver Road/Furniss Road. The site is intended to accommodate a new anchor supermarket tenancy (Coles) of approximately 4,250m² and some specialty retail uses of up to 750m² retail floor space which could typically include shops such as florists, pharmacies, book stores, clothing and the like. The total area of land proposed to be zoned Commercial is 12,230m2. The 7,230m² of land not being used as retail floorspace will be utilised mainly for parking and loading areas as well as landscaping. The exact details of any future land uses will be the subject of a future development application.

In order to facilitate this, portions of the existing structure plan area are required to be rezoned from ‘Residential’ use and ‘Business Precinct’ use to ‘Commercial’. The current zoning of the land in ASP 8 being Business Precinct and Residential does not currently permit the Shop land use and no Activity Centre is identified in the planning framework in this location. An amendment is also proposed to include a ‘Private Recreation – gym/fitness centre 24hrs / 7 days’ use for the proposed lot within the Business Precinct fronting Furniss Road adjacent to the proposed Neighbourhood Centre.

The key changes proposed to ASP 8 include:

• Inserting a new ‘Cell 6 Neighbourhood Centre (north-east)’ with a 5,000m² maximum net lettable area into Clause 3 - Schedule 1.

• Inserting a new ‘Private Recreation – gym/fitness centre 24hrs / 7 days’ into Clause 4.4 – Schedule 2 for the proposed lot within the ‘Business’ precinct fronting Furniss Road adjacent to the site with the proposed Neighbourhood Centre.

• Amending the Cell 6 Structure Plan map and Cell 6 Zoning map accordingly.

Amendment 46 Proposal

Amendment 46 proposes to amend ASP 8 create a new Commercial zoned “Activity Centre” site for a 5,000m2 maximum net lettable floor area Neighbourhood Centre at the corner of Mirrabooka Avenue/Furniss Road. The total area of land proposed to be zoned Commercial is 21,394m2. The proposed neighbourhood centre will accommodate a new anchor supermarket tenancy (Woolworths) and associated speciality retail of approximately 3,500m2 NLA, with the adjacent pad-sites capable of accommodating other retail uses totalling up to 1,500m2 NLA of retail floorspace for specialty retail uses. The 16,394m²of land not used for retail floorspace would be mainly used for car parking and landscaping but would also include other land uses permitted in the Commercial Zone. The exact details of any future land uses will be the subject of a future development application.

In order to facilitate this, portions of the ASP 8 map are proposed to be rezoned from ‘Residential’ use and ‘Business Precinct’ use to ‘Commercial’. The current zoning of the land in ASP 8 being Business Precinct and Residential does not currently permit the Shop land use and no Activity Centre is identified in the planning framework in this location.

The key changes to ASP8 include:

• Inserting a new ‘Cell 6 Neighbourhood Centre’ with a 5,000m² maximum net lettable retail area into Clause 3 - Schedule 1.

• Amending the Cell 6 Structure Plan map and Cell 6 Zoning map accordingly.

The existing Structure Plan ASP 8 is included as Attachment 2, and the proposed Structure Plan amendments (marked-up to identify the affected areas) are Attachment 3 (Amendment 45) and Attachment 4 (Amendment 46). Concept plans for the proposed centres under Amendment 45 and Amendment 46 are included as Attachment 5.

Consultation

Both Amendment 45 and Amendment 46 were advertised for a period of 42 days by way of notices placed in the Perth Now – Wanneroo newspaper, signs erected on the sites, letters to landowners within a 200 metre radius and letters sent to the owners of existing and approved centres within the trade areas.

Advertising of Amendment 45 was undertaken between 10 August 2023 and 22 September 2023. Administration received 33 submissions, four of which were late submissions, with 17 (52%) objecting to the proposal (including two late submissions), nine (27%) in support (including one late submission) and seven (21%) providing comments only (including one late submission). A summary of the issues raised in the submissions and Administration’s response is included in Attachment 6.

Advertising of Amendment 46 was undertaken between 5 October 2023 and 17 November 2023. Administration received 29 submissions, two of which were late submissions, with nine (31%) objecting to the proposal (including two late submissions), 15 (52%) in support and five (17%) providing comments only (including one late submission). A summary of the issues raised in the submissions and Administration’s response is included in Attachment 7.

For both applications, the main issues raised through the consultation processes related to:

· Retail Demand: there are already enough shops in the area, community facilities would be preferrable, additional retail floor space will detrimentally impact other centres; and

· Traffic: there will be an unacceptable increase in traffic causing disruption, delays, noise and increased safety risks for residents.

As part of the consultation process, several adjacent retail centres located in the catchment area have lodged detailed objections raising significant concern based mainly on the detrimental impact that one or both of the proposals will have on their viability should it be approved. Due to the lengthy and technical nature detailed in these submissions, they are not replicated in this report, but can be viewed as part of the schedule of submissions with comments provided by Administration where applicable.

Discussion of the main issues raised in submissions and the assessment is provided as part of the Comment section below together with other relevant matters.

Comment

State Planning Policy 4.2

State Planning Policy 4.2 Activity Centres (SPP 4.2) provides the overarching framework for Activity Centres across the state.

SPP 4.2 aims to ensure decision making adequately considers the distribution, function, broad land use, access and urban form considerations for activity centres. Activity centres are mixed use urban areas which serve as multi-functional community focal points and may include land uses such as commercial, retail, food and hospitality, medium and high-density housing, entertainment, tourism, civic/community, higher education, and medical services.

SPP 4.2 establishes a hierarchy of planned centres through preparation of structure plans and town planning schemes. Activity Centres that are proposed separately are termed ‘out-of-centre developments’.

This means that both proposals constitute “Out of Centre Developments”. They are both centres that constitute Neighbourhood Activity Centres under the hierarchy of centres included in SPP 4.2. SPP 4.2 also sets out criteria for the establishment of activity centre uses outside of activity centres. The proposed amendments that are the subject of this report are therefore assessed against the criteria set out in SPP 4.2 for out-of-centre development.

Policy Objectives, Outcomes and Needs Assessment

The Policy Objectives (Part 5) and Policy Outcomes (Part 6) set out in SPP 4.2 include the requirement to manage the hierarchy of activity centres to ensure that the primacy of activity centres is reinforced, and out-of-centre development does not undermine the hierarchy of activity centres and that new activity centres or the intensification of existing activity centres does not unreasonably undermine existing centres.

As part of their respective applications, both applicants provided reports to assess the demand for activity centre uses as proposed to support their proposals.

The current version of SPP 4.2 that came into effect in July 2023 requires two types of assessments to be undertaken, namely:

· Net Benefit Test (NBT) – The specific purpose of the test is to ensure major development proposals will not unreasonably impact upon the activity centre hierarchy, result in loss of services to the community and/or impact upon existing, committed and planned public and private infrastructure investment. In the previous version of SPP 4.2 this was called a Retail Sustainability assessment.

· Needs Assessment – The Needs Assessment provides an information base to support decision-making by including an assessment of projected land use needs of communities in a local government area. The needs assessment should consider and assess the demand for all activity centre uses and is to be prepared as part of a local planning strategy to guide future development, or to support structure plans where the Needs Assessment has not been updated for more than five years. In the previous version of SPP 4.2 this was called a Retail Needs Assessment.

Amendment 45 was lodged before the current version of SPP 4.2 came into effect and although that proposal uses different terminology, its analysis serves the same purpose under the current version of SPP 4.2. The supporting documents are therefore considered to be consistent with the requirements of SPP 4.2 for the purposes of this assessment.

Key findings of each of these reports include:

· Amendment 45

The assessment by Macroplan on behalf of the applicant asserts that a neighbourhood centre of 5,000m² retail floorspaceis supportable. The report estimates that the trading impacts arising from the development on the surrounding commercial centres falls within the reasonable bounds of competition and is unlikely to threaten the viability of existing centres. It concludes that the low level of impacts reflects an estimated undersupply of food, liquor and groceries (FLG) floorspace in the area. The assessment considers the scale of the proposed neighbourhood centre to be reasonable and unlikely to have an adverse impact on surrounding centres, to the extent that the community would suffer a net disbenefit as a result of it not being approved.

· Amendment 46

The assessment by Locationiq on behalf of the applicant considers that the increased competition between supermarkets is beneficial to consumers and will not adversely affect the balance of the centre hierarchy with all impacts within the normal competitive range. The report concludes that projected impacts on other centres would not threaten the viability or continued operation of any centre and that there would be no depletion or dilution in the range of services which are available to residents. It concludes that a substantial net community benefit would result from the proposed centre.

In this regard both separate reports conclude that their individual proposals would overall benefit the local community by providing a range of daily commercial services not readily available.

As part of the preparation of the City’s Draft Local Planning Strategy, an assessment was prepared under SPP 4.2. The assessment was prepared by MGA Planners and includes all Shop Retail floorspace for all existing and planned Activity Centres within the City of Wanneroo. As part of this assessment, no need was identified for additional centres in this location.

As both proposals (the subject of this report) are “out-of-centre developments” the City engaged MGA Planners to independently assess the impact of the proposed Neighbourhood Centres.

The work by MGA Planners provides an unbiased assessment of the impact the proposed Activity Centres are likely to have on existing and approved Activity Centres in their trading area.

The assessment makes the following observations about the current circumstances:

“It is important to understand that without any additional retail floorspace being approved for the proposals received by the City for retail development on Furniss Road, there are several existing activity centres that have approval to expand in the primary catchment as well as in the wider secondary catchment. Kingsway City currently has the capacity to increase its Shop Retail floorspace to 32,000m² from its current 18,149m². East Landsdale is also forecast to come online by 2026 adding 5,197m² of Shop Retail (PLUC 5) floorspace. Centres outside of the primary catchment that if expanded will impact the retail turnover include Joondalup, Warwick Grove, Mirrabooka and Innaloo.” (MGA Planners)

The assessment by MGA Planners examines four different scenarios to understand the impact of the proposed Activity Centres:

Scenario 1A: No expansion of Kingsway, no new centre at Furniss Road and construction of the East Landsdale Centre by 2026.

Scenario 1B: Expansion of Kingsway, no new centre at Furniss Road and construction of East Landsdale Centre by 2026.

Scenario 2A: No expansion of Kingsway, one new centre at Furniss Road and construction of the East Landsdale Centre by 2026.

Scenario 2A: Expansion of Kingsway, one new centre at Furniss Road and construction of the East Landsdale Centre by 2026.

The MGA assessment identified there are several significant issues in all of the above expansion scenarios. It finds that all centres within the primary catchments of both proposals are likely to experience a number of impacts from further development of existing centres that are yet to take up their full allocation of approved but not yet constructed retail floorspace.

There will be a significant potential cumulative impact on the operation of existing centres from expansion of existing Activity Centres between 2026 and 2031 and the construction of approved centres such as Landsdale.

The addition of a further 5,000m² of Shop Retail floorspace at Furniss Road (in either proposal) by 2031 will have a significant negative impact on the viability of centres within the catchment.

Based on the above, it is considered that the cumulative impacts of the likely and proposed developments are unacceptable.

Initially the assessment undertaken on behalf of both applicants did not identify the current approved floorspace for Kingsway. The centre approved to be constructed at East Landsdale was also not initially accounted for in the assessment supporting Amendment 45. The applicant for Amendment 45 subsequently updated their analysis to include both the permitted floorspace for Kingsway and the approved East Landsdale centre. The applicant for Amendment 46 stated that there would need to be clarity around the mix of new floorspace at Kingsway City for the forecast sales and impact to be accurately modelled and understood and that any future expansion of Kingsway City would mean that impacts would be lower (in percentage terms) than expressed in the assessment.

The analysis prepared by MGA Planners takes these factors into account and clearly demonstrates that there is no need or benefit to the community from the addition of any retail floorspace at either of the proposed locations. The MGA analysis demonstrates significant negative trading impacts on all existing and approved centres resulting from either of the proposed locations.

In the light of the above, Administration considers that both the proposed centres will negatively impact on existing or planned centres and recommend that they are not supported.

Assessment modelling done by MGA Planners is included as Attachment 8 and an agreed interpretation of the assessment modelling as Attachment 9. A map showing the location of existing and proposed centres in the area and how much floorspace currently exists and how much is still to be developed included as Attachment 10.

Net Benefit Test (NB Test)

SPP 4.2 requires a Net Benefit Test for planning instruments that identify new land or rezone land to facilitate major development or out-of-centre development to demonstrate that the proposal will:

• not have an unreasonable and detrimental impact on the activity centre hierarchy or the existing or planned functions of activity centres

Development of a 5,000m² of Shop Retail space at either of the two locations proposed will likely result in other centres not being able to fulfill their planned function in the hierarchy. For example, Kingsway has a current floor area of just over 18,000m2 but already has approval to expand up to 32,000m², whilst the East Landsdale Centre with a floor area of just over 5,000m² has approval but is yet to be constructed. Administration was informed that building construction of the East Landsdale centre is planned to commence by the end of 2025.

• not have an unreasonable and detrimental impact upon existing, committed and planned public and private investment in activity centres

The cumulative impact of activity centre expansions between 2026 and 2031 and the addition of either of the proposed 5,000m² Shop Retail floor space centres as proposed as part of the subject applications will cause an over-supply of Shop Retail floor space resulting in a significant drop in turnover to below the Australian average of $9,000 - $10,000 per m². For example, Kingsway City might drop as low as $6,008 per m² when expanded to 32,000m2 at full build-out as there will be no sufficient increase in demand and therefore no flow-on effect of increase in trade should they currently expand. It is therefore a timing issue. When the additional approved retail floor space is provided in the other centres it will adequately meet the needs of local residents in the area.

• deliver net benefit to the community and not reduce the level of access to services by the community

In the event of centres becoming unviable for further investment as a result of a significant drop in turnover or self-cannibalisation, it will lead to the reduction in the level and variety of services and products provided to the community (especially Kingsway that operate at a district level and already has approval to expand significantly).

Administration considers that the existing and planned retail supply is sufficient to cater for demand over the medium term and a net benefit to the community has not been demonstrated.

The analysis undertaken by MGA Planners on behalf of the City demonstrates there is no need for either proposed Centre. The negative impacts of both centres being approved would also be significantly greater than either one on their own.

Out-of-centre development

SPP 4.2 states that there is a general presumption against the approval of activity centre uses outside of activity centres as they are likely to impact nearby activity centres and that it may only be appropriate where it is:

• sufficiently separated from nearby activity centres to minimise negative impacts to those activity centres (as demonstrated through the NB Test)

The impact on other nearby activity centres through application of the NB test is discussed earlier in this report. It is considered that the impacts on existing centres and on approved additions to their existing floorspace are unacceptable.

• in proximity to existing housing at an average dwelling density of at least 25 dwellings per gross Urban Zone (Region Schemes) hectare within a 400m walkable catchment of the development

The density of existing and approved residential development within a 400-metre walkable catchment of the proposals (including already approved but yet to be created lots under historic subdivisions) is already well below the above requirement with Amendment 45 having around 11.5 dwellings per urban hectare. The total catchment area (including the industrial land to the north of Furniss Road) has approximately 6.8 dwellings per gross hectare. Amendment 46 provides for 12.4 dwellings per urban hectare and 7.6 dwellings per gross hectare. The proposals will result in the loss of a potential 10 Residential zoned lots (Amendment 45) and 23 Residential zoned lots (Amendment 46) already approved as part of subdivisions. Although the impact in terms of dwellings per urban hectare does not appear to reflect a reduction but rather an increase, this is because the gross urban area used in the calculations also changes. However, ten residential lots will be lost as part of Amendment 45 and 23 residential lots will be lost as part of Amendment 46 if either proposal proceeds, which is reflected in the “dwellings per gross hectare” figure. This will result in 11.8 dwellings per urban hectare (6.7 dwellings per gross hectare) under Amendment 45 and 12.5 dwellings per urban hectare (7.1 dwellings per gross hectare) under Amendment 46. Given the current housing crisis being experienced in Perth, the loss of these dwellings is not supported.

• accessible to its catchment community by walking and cycling, minimising the need for additional private vehicle trips.

The existing and approved road layout in the immediate area surrounding the proposed neighbourhood centre locations is considered generally permeable and legible. The residential area west of Driver Road does not have footpaths along all roads as it was not initially earmarked to be in close proximity to a neighbourhood centre when it was designed. This might discourage walking and cycling. However, approved subdivisions to the south of the proposed centre locations are expected to accommodate suitable pedestrian and cycle paths. The industrial area to the north of Furniss Road has no pedestrian or cycle paths. Public transport is not currently within 800 metres walking distance from the sites.

Based on the above analysis, neither of the proposals meet the requirements of SPP 4.2 when considering whether out-of-centre development ought to be supported.

Vehicle Movement and Access

Both of the applications included Traffic Impact Assessments (TIA) to support their respective proposals. No major issues have been identified that would prevent either of the proposals from being able to operate within the existing road network. Should either of the proposals be approved detailed design issues would be addressed as part of a future planning stage such as subdivision and/or development approval.

SPP 4.2 requires the activity centre to be supported by a balanced access and movement network that makes it safe, convenient and practical for residents, employees and visitors to maximise travel by walking, cycling and public transport both within and between activity centres, while minimising the need to travel by private car. In this regard the applications are not supported by a developed pedestrian network or public transport.

Private Recreation

Amendment 45 also proposes an amendment to Part One Clause 4.4 ‘Special Zones Additional Uses’ – Schedule 2 table to include a ‘Private Recreation – gym/fitness centre 24hrs / 7 days’ use for the proposed lot within the Business Precinct fronting Furniss Road adjacent to the proposed neighbourhood centre. In order to facilitate the Additional Use under the ASP8 a Special Use zone also needs to be added to the structure plan map as well which was not shown as part of the application.

The proposed land use ‘Private Recreation – gym/fitness centre 24hrs / 7 days’ as written into draft Amendment 45 does not exist within the defined land uses in the City’s Scheme or the Planning and Development (Local Planning Schemes) Regulations 2015. The relevant land use is ‘Recreation – private’ as defined in DPS 2:

“recreation - private means premises that are —

used for indoor or outdoor leisure, physical exercise, recreation or sport; and

not usually open to the public without charge.”

The permissibility of land uses set out in ASP 8 are not binding as they would be under DPS 2. Land uses in APS 8 (and other structure plans) only hold a status of “due regard” under the planning framework. The applicant therefore has the ability to submit a Development Application at a later stage for the Recreation - Private land use on the lot. A future development application could therefore be considered on its merits by the City at that time.

The image below is an extract of the Amendment 45 proposal. This has been marked up to depict the location of the required Special Use zone which is not shown on the plan as submitted by the applicant but is described in the text of their proposal.

A screenshot of a computer

Description automatically generated

In considering whether the Recreation – Private land use should be applied to the subject location, it is necessary to consider whether there will be any impacts on surrounding land uses as a result.

ASP 8 contains its own objectives, general provisions and sets the permissibility of land uses that apply to the ‘Business Precinct’ – which lists ‘Recreation – Private’ as a “Not Permitted Use”. The objectives under ASP 8 for the Business Precinct are:

The Business Precinct is a transitional land use precinct providing a buffer between the largely incompatible land uses of the General Industrial Zone situated north of Furniss Road and the Residential Precinct to the south of the Business Precinct. It is intended that development compatible with the Residential Precinct will be encouraged within the Business Precinct and that a high level of amenity will be maintained.

The objective of the zone requires that a “high level of amenity will be maintained”. ASP 8 also includes a provision for non-permitted uses which states that such uses shall not be permitted unless it can be demonstrated that the likelihood of any conflicts or concerns can be ameliorated to the satisfaction of Council.

The applicant considers that the “Recreation - Private” land use is compatible with the proposed Commercial zone and the Recreation - Private use will provide activation after hours improving passive surveillance around the proposed Neighbourhood Centre. The applicant also contends that the Recreation - Private use will also provide a benefit to the community and for workers in the industrial areas to the north before and after work. Inclusion of this specific use in Schedule 2 will therefore provide greater certainty for a prospective gym/fitness operator at the development application stage.

While the land use itself is not included in the Business Zones under ASP the impact of the use would be able to be addressed through a development application. The application of a Special Use zone could facilitate the outcome being sought by the applicant. However this part of the proposal relies on being complimentary to the proposed Commercial Zone. As set out in this report the proposed Commercial zone is not considered appropriate and is not recommended for approval. It is therefore recommended that the proposal to include the Recreation – Private land use on its own would be ad-hoc and inconsistent with the intent of the existing Business Zone which currently prohibits this use.

Summary

Proposed Amendments 45 and 46 to the East Wanneroo Cell 6 (Darch/Madeley) Agreed Local Structure Plan No. 8 (ASP 8) are not supported for the same following reasons:

• There is no demonstrated need for the proposed centres;

• The proposed centres will not provide a service that is lacking in the area with existing and planned retail supply considered sufficient to cater for demand over the medium term;

• The proposed centre will prevent existing approved centres from achieving or maintaining a suitable level of trade and impact negatively on their viability over time;

• An additional centre in this location will lead to a loss of residential land and reduction in the provision of much needed residential lots in a time of housing crisis;

• Removal of the Business Precinct will erode the buffer separating sensitive residential and commercial uses from the impacts of the uses within the General Industry zone to the north; and

• The centres are not supported by a pedestrian or public transport network.

In addition, the proposed ‘Private Recreation – gym/fitness centre 24hrs / 7 days’ (Recreation – Private) use under Amendment 45 is not supported for the following reason:

· The proposed ‘Private Recreation – gym/fitness centre 24hrs / 7 days’ use will be ad hoc and not form part of a co-ordinated development as the proposed Commercial Zone is not supported.

Statutory Compliance

The assessments of Amendments No. 45 and 46 to the East Wanneroo Cell 6 (Darch/Madeley) Agreed Local Structure Plan No. 8 (ASP 8) have been undertaken in consideration of Part 4 of the deemed provisions for local planning schemes, contained in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. These same deemed provisions provide the statutory processes for the City to advertise and consider structure plan amendments, as well for their determination by the WAPC.

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

Risk Management Considerations

Risk Title	Risk Rating
ST-S12 Economic Growth	Medium
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

Risk Title	Risk Rating
CO-O03 Strategic Land	Medium
Accountability	Action Planning Option
Director Planning and Sustainability Director Corporate Strategy and Performance	Manage

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

Policy Implications

Amendment No. 45 and No. 46 has been assessed by Administration with regard to the provisions contained within the relevant State Planning Policies (particularly SPP 4.2 as discussed above) and the WA Planning Manual – Guidance for Structure Plans (prepared by the WAPC).

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. Pursuant to subclauses 19(1)(a) and 19(1)(b) 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 Amendments No. 45 and No. 46 to the East Wanneroo Cell 6 (Darch/Madeley) Agreed Local Structure Plan No. 8, as summarised with Administration’s responses in Attachment 6 and Attachment 7;

2. Pursuant to subclauses 20(2)(e) of the deemed provisions for local planning schemes contained in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, RECOMMENDS to the Western Australian Planning Commission that Amendments No. 45 and No. 46 to the East Wanneroo Cell 6 (Darch/Madeley) Agreed Local Structure Plan No. 8 not be approved for the following reasons:

a) There is no demonstrated need for the proposed centres;

b) The proposed centres will not provide a service that is lacking in the area;

c) The proposed centre will prevent existing approved centres from achieving or maintaining a suitable level of trade;

d) The proposed land to be rezoned from Residential to Commercial results in a net loss of Residential dwellings which reduces housing supply;

e) Removal of the Business Precinct will erode the buffer separating sensitive residential and commercial uses from the impacts of the uses within the General Industry zone to the north; and

f) The centres are not supported by a pedestrian or public transport network;

g) In relation to Amendment 45 the proposed ‘Private Recreation – gym/fitness centre 24hrs / 7 days’ use represents an ad-hoc amendment and would not form part of a co-ordinated development as the proposed adjoining Commercial zone is not supported.

3. Pursuant to subclauses 20(2) of the of the deemed provisions for local planning schemes contained in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, PROVIDES a copy of reporting on Amendments No. 45 and No. 46 to the East Wanneroo Cell 6 (Darch/Madeley) Agreed Local Structure Plan No. 8 to the Western Australian Planning Commission; and

4. ADVISES the submitters of this decision.

Attachments:

1 ⇩.	OCM Attachment 1 - Location Plan	24/71053
2 ⇩.	OCM Attachment 2 - Existing Structure Plan	24/71054
3 ⇩.	OCM Attachment 3 - Proposed Structure Plan (Amendment 45)	24/71058
4 ⇩.	OCM Attachment 4 - Proposed Structure Plan (Amendment 46)	24/71060
5 ⇩.	OCM Attachment 5 - Concept Plans	24/76387
6 ⇩.	OCM Attachment 6 - Submission Schedule - Amendment No. 45 to the East Wanneroo Cell 6 Structure Plan	24/71062
7 ⇩.	OCM Attachment 7 - Submission Schedule - Amendment No. 46 to the East Wanneroo Cell 6 Structure Plan	24/71063
8 ⇩.	OCM Attachment 8 - Retail Impact Analysis (006)	24/71067
9 ⇩.	OCM Attachment 9 - Retail Proposal Report (002)	24/71069
10 ⇩.	OCM Attachment 10 - Floorspace	24/74615

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

Assets

Strategic Asset Management

4.3 Response to Petition PT01-02/23 Objection to BMX Track Redevelopment at McCoy Park, Quinns Rocks

File Ref: 48477 – 24/44334

Responsible Officer: Director Assets

Attachments: 2

Previous Items: 3.3 - McCoy Park BMX Track - Concept Design - Forum - 06 Feb 2024 Following Special Council Meeting

3.4 - McCoy Park, Quinns Rocks - BMX Track Renewal - Forum - 25 Jul 2023 6:30pm

CP01-04/23 - Response to Petition PT01-02/23 - Objection to BMX Track Redevelopment at McCoy Park, Quinns Rocks - Ordinary Council - 18 Apr 2023 6:00pm

Issue

To address the outcome of the petition PT01-02/23 and provide Council with details for the renewal of the BMX track at McCoy Park, Quinns Rocks

Background

At the Ordinary Council Meeting (OCM) on 21 February 2023, Council received a petition (PT01-02/23) with 13 signatures which states:

“We the local residents who surround the park would like to have a residential meeting with the Council to raise our concerns about the BMX TRACK.

We would like to petition for it to be relocated to a more suitable larger area. Mains Concerns: Close proximity to our homes, DUST, Motorbikes at night, Quad Bikes during the day, Heavy-duty remote-control cars, noise, School PE classes during the day, no parking, Rangers not attending always asking us to call the police e.g motor bikes. Risk to bird life in the main big tree. Vandalism of nature no newly planted trees have made it due to this. motorbikes being one of the causes etc.

Should relocating it not be an option we would like strategies in place to deal with the risk factors e.g. wet down the track at night (dust) Rangers to patrol more frequently. Barriers to stop motorbikes).

Too close to residences.”

The response to the petition was deferred at the Council meeting on 18 April 2023 with a procedural motion stating:

“That item CP01-04/23 Response to Petition PT01-02/23 - Objection to BMX Track Redevelopment at McCoy Park, Quinns Rocks be deferred back to Administration for further information.”

Further information was discussed with Council Members in July 2023 where Council Members expressed support for the project and for the design to be presented to Council based on:

· reconstructing the track on a like for like basis (maintain the removed track functionality and meeting current safety requirements)

· investigating options to address motorcycle access/use of previous track

· inform the community of the basis for replacing like for like

· providing Council Members with the design plan prior to presentation to Council.

This report provides details addressing the petition and the plan for progressing this project. The location of the BMX track site is shown on Attachment 1.

Detail

In October 2022, it was determined that the track was no longer serviceable due to ongoing maintenance and safety concerns. In the interests of public safety, the track was closed. As the track is within a public open space and the City has no control who accesses this, it was decided to flatten the track entirely to ensure that the area was made safe with the plan to renew the track when funding became available.

Prior to the track being decommissioned in October 2022, the City’s surveyor had inspected the area and had provided data on the levels of the old track. Using this information, Administration has developed a concept design (Attachment 2) that is of a similar design to the old track design.

The exact design will be determined once Administration engages a contractor on a design and construct contract. The scope that will be provided to the contractor will be to develop the detailed design and construct a track using the concept design as a guide.

To address the Petitioner’s concerns, the following design features have been included in the concept design;

Area of Concern	Administration Response
Relocate to a more suitable larger area	McCoy Park is more than 1.5ha in size, therefore the provision of the track is considered appropriate for a park of this nature.
Proximity to housing / Too close to residents	All activities conducted on local public open space (POS) will have a proximity to housing. This also includes a number of playgrounds that are situated on parks that are 5000m².
Dust	Administration is proposing to rebuild the track in a like for like manner however will seek the use of asphalt or similar material that will eliminate the issue of dust.
Motorbikes at night/Quad bikes during the day	The track, including the surrounding green space are not for use by motorbikes or quad bikes. The use of these vehicles should be reported to the City’s Ranger Services.
Heavy Duty remote controlled cars	The park is public open space and the use of remote controlled cars is an appropriate use of this space. As the exact type of remote controlled cars is not known, it is difficult to ascertain if the size of cars being used and the noise level is appropriate use.
Risk to bird life in the main big tree	Administration is unsure of the risk posed to the bird life. If this is meant that there would be noise emanating from the park, then it should be noted that the noise would be like that of from the use of a playground. The level of noise may be amplified with increase use however POS’s are developed for the community to enjoy and recreate.

The petitioner also noted that if relocating the track was not an option, then there is an expectation that strategies be put in place to deal with the issues raised in their petition. The strategies that Administration has proposed are noted in the above table.

Relocation has been investigated and there are no other suitably alternative locations. The parks of similar size and within a reasonable proximity are:

Park Name	Administration Comment
Belhaven Park, Quinns Rocks	This park is 460 metres from McCoy Park and under a shared use arrangement with the Department of Education. The park is mainly used for sporting activities and there is no other available space.
Mintaro Park, Quinns Rocks	This park is approx. 1km from McCoy Park and is currently used for junior sporting activities. The park is also used for ad-hoc community events, therefore this park would not be suitable for a new BMX track. It should also be noted that to relocate the track to this park, would impose further travelling distances for those users that are close to the current location.

The concept plan is shown in Attachment 2 and illustrates;

· a like for like shape and size track similar to the previously constructed track. The concept plan is based on previous aerial photography and surveys;

· inclusion of additional planting;

· the use of appropriate materials, such as asphalt to eliminate the dust issue;

· playground fencing to prevent access by vehicles.

Consultation

Consultation for like-for-like asset replacements, as in this case, usually consists of a letter being sent to local residents notifying them of the works, rather than full consultation with the community where works are for new or upgraded facilities. The renewal of assets falls under the ‘Inform’ category as per the City’s Community Engagement Guidelines.

Considering the community interest in the park, it is Administration’s intention to provide the residents who reside within a 400 metre radius of the park information on the rebuild and a copy of the concept plan (Attachment 2). The information letter will contain a copy of the concept plan and explanation how the concept addresses the issues raised by local residents; and expected timeframes for the construction works.

Additionally, once a contractor is engaged and prior to any onsite works, Administration will mail out to the local residents within a 400 metre boundary of the park a more definitive program of works. This will be in the form of a letter containing the construction advice such as timing of works and anticipated commencement and conclusion dates.

Comment

Subject to the allocation of funds in 2024/2025 Capital Works Program, the project can be progressed later this financial year with physical works being undertaken in the 2024/2025 financial year as per the following preliminary works program:

· Community engagement – informing residents of the concept plan and proposed timeframe – April/May 2024

· Tender documentation preparation – for the detail design and construction – May/June 2024

· Tender period – (advertising and evaluation) – June/August 2024

· Tender award – August 2024

· Detailed design – August – November/December 2024

· Informing residents of intent to commence works – November 2024

· Construction – January 2025 – May 2025

Statutory Compliance

Nil

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.

Risk Management Considerations

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

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

Policy Implications

The City's Local Planning Policy 4.3 Public Open Spaces was used as the guiding framework for the development of the track.

Replacement of this asset has been assessed in accordance with the City’s Asset Management Policy and the need for the renewal of this BMX track facility is supported.

Financial Implications

The project has been estimated to cost $650,000, and does not include items like drinking fountain, bike racks and bike repair station which are not part of this renewal project and estimated cost an additional $35,000.

$650,000 has been listed in the Draft Long Term Capital Works Program to complete this project and would need to be listed in Draft 2024/2025 Capital Works Program for Council’s consideration during the forthcoming Budget process consideration and funded from the Asset Replace/Enhance Reserve funding.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES Petition PT01-02/23;

2. ENDORSES the construction of the BMX Track at McCoy Park, Quinns Rocks in accordance with the Concept Plan (Attachment 2);

3. LISTS $650,000 for consideration in the draft 2024/2025 budget for the construction of a BMX Track, McCoy Park, Quinns Rocks; and

4. AUTHORISES Administration to advise the petition organisers and other respondents to the outcomes of this report.

Attachments:

1 ⇩.	Attachment 1 - Location Plan - McCoy Park, Quinns Rocks	24/21311
2 ⇩.	Attachment 2 - PR-4494 McCoy Park BMX Track Concept Plan 4391	24/58953

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

Parks & Conservation Management

4.4 Tender 23159 - Application of Mulch within City of Wanneroo

File Ref: 48049 – 24/72078

Responsible Officer: Director Assets

Attachments: 2

Issue

To consider Tender 23159 for the Application of Mulch within the City of Wanneroo for a period of two (2) years, with up to two (2), twelve (12) month (or part thereof) options to extend.

Background

The City is seeking to appoint a suitably qualified and experienced contractor for the application of mulch within the City. The City does not currently have a supplier for these services, and it is imperative that a contract is in place because of the volume of mulch that needs to be applied, including the arterial roads.

Up until now, the City has handled large scale mulch applications by Request for Quote, however due to the cost and large-scale volume of the procurement a longer-term arrangement will provide efficiency and financial benefits to the City.

Detail

Tender 23159 for the Application of Mulch within the City was advertised on 16 December 2023 and closed on 16 January 2024.

Essential details of the proposed contract are as follows:

Item	Detail
Contract Form	Goods and Services
Contract Type	Schedule of Rates
Contract Duration	2 years
Commencement Date	March 2024
Expiry Date	March 2026
Extension Permitted	Yes, two (2) periods of twelve(12) months or part thereof
Rise and Fall	Maximum Perth All Groups CPI increases upon extensions.

Tender submissions were received from the following companies:

Legal Name	Trading Name	Abbreviation
Perth Materials Blowing Pty Ltd	PMB	PMB

Probity Oversight

Oversight to the Tender assessment process was undertaken by an external Probity Advisor (William Buck Consulting (WA) Pty Ltd) and the City’s Acting Contracts Officer.

Please refer to the external Probity Advisor Final Report as shown in Attachment 1 and to the standard tender Memorandum as show in Attachment 2.

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

Item No	Description	Weighting
1	Sustainable (Corporate Social Responsibility) Procurement a. Environmental Considerations 5% b. Buy Local 10% c. Reconciliation Action Plan 5% d. Disability Access & Inclusion 5%	25%
2	*Work Health & Safety (WHS)	20 %
3	*Demonstrated Experience	15 %
4	*Methodology for Application of Mulch	20 %
5	*Demonstrated Capacity and Resources	20 %

All tenderers must meet the City’s minimum requirements (as determined by the City) for each of the qualitative criteria detailed above (*) in order 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 Procurement (25%)

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.

PMB demonstrated adequate environmental consideration provisions to meet the City’s requirements.

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.

PMB’s submission offered minimal economic benefit from a local spend perspective.

Sub Criteria c) Reconciliation Action Plan (RAP) (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; and

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

PMB demonstrated limited ability to meet the City’s RAP requirements.

Sub Criteria d) Access & Inclusion Plan (AIP) (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.

PMB demonstrated limited ability to meet the City’s AIP requirements.

Overall Sustainable Procurement Ranking Summary

PMB is deemed to have partial capacity to comply with the City’s Sustainable Procurement requirements as articulated in their response.

Evaluation Criteria 2 - Tenderer’s Safety Management Systems (20 %)

Evidence of WHS management policies and practices was assessed from the tender submissions. The assessment for safety management was based on the tenderer’s responses to a specific questionnaire included within the tender documentation.

PMB demonstrated superior WHS provisions to meet the City’s WHS requirements.

Evaluation Criteria 3 - Tenderer’s Demonstrated Experience (15 %)

The tenderer’s relevant experience in demonstrating the achievement of meeting client expectations as presented in their tender submission were assessed in order 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.

PMB demonstrated relevant experience to fulfill the requirements of this contract.

Evaluation Criteria 4 - Tenderer’s Methodology for Application of Mulch (20 %)

Assessment of this criterion considered the tenderer’s staff methodology, resources, vehicles, plant / equipment, and workshop support to manage the contract.

PMB clearly demonstrated their methodology and equipment to deliver the scope of work detailed in the specification.

Evaluation Criteria 5 - Tenderer’s Demonstrated Capacity and Resources (20 %)

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 resources such as vehicles, plant/equipment, and workshop support to manage the contract.

PMB demonstrated that they have the resources and capacity to fulfil the requirements of this contract.

Overall Qualitative Weighted Assessment and Ranking

PMB submission was reviewed in accordance with the Procurement and Evaluation Plan (PEP) and is deemed to have the necessary sustainable procurement, experience, methodology, capacity, resources and safety management systems to fulfill this contract.

Pricing for the Goods/Services/Works Offered

An assessment was made using the schedule of rates provided within the Tender documentation. PMB provided pricing that meets the City’s expectations.

Value for Money Assessment

Value for money of the PMB Tender submission was assessed through an evaluation process that considered both cost and quality of the application of mulch.

Overall Assessment and Comment

The tender submission from PMB was assessed in accordance with the assessment criteria and weightings as detailed in the PEP and PMB is recommended as the successful tenderer.

Consultation

Nil

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

5.3 - Responsibly managed and maintained assets

Risk Appetite Statement

Risk Management Considerations

Risk Title	Risk Rating
ST-S23 Stakeholder Relationship	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 & Sustainability	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 advised that PMB assessed with the financial capacity to meet the requirements of the contract.

Performance Risk

Independent reference checks have confirmed the recommended tenderer’s performance as acceptable. The tenderer has also successfully provided similar services for the City.

Policy Implications

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

Financial (Budget) Implications

The costs associated with 23159 – Application of Mulch within the City included in the Annual Parks and Conservation Management Operational Budget subject to available budget in future years.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS the tender submitted by Perth Materials Blowing Pty Ltd (PMB) for Tender 23159, for the Application of Mulch within the City of Wanneroo, as per the schedule of rates in the tender submission, subject to appropriate funding availability, for each of the financial years within the initial two (2) year contract term, with up to two (2), twelve (12) month (or part thereof) options to extend.

These attachment are confidential and distributed under separate cover to all Council Members.
Attachment 1 – 23159 Probity Letter Final	24/60913
Attachment 2 – 23159 Confidential Attachment for Council Recommendation	24/72126

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

Community & Place

Community Facilities

4.5 Toilet Upgrade - Kingsway Splash Pad - Concept Design and Cost Estimate Options

File Ref: 40785V02 – 24/45206

Responsible Officer: Acting Director Community & Place

Attachments: 7

Issue

To consider an updated concept design and cost estimate for the upgrade of the toilets at the Kingsway Splash Pad.

Background

The Kingsway Splash Pad opened in 2019 and is located at Kingsway Regional Sporting Complex. The splash pad is situated adjacent to ‘Building 1270 – Kingsway Splash Pad Toilets and Changerooms’ (formerly Kingsway Soccer Changerooms).

Building 1270 (Attachment 1) was initially built in 1973 to provide storage and changeroom facilities for the adjacent soccer field prior to the commissioning of the Kingsway Olympic Grandstand in 2020. The building currently comprises redundant changeroom facilities, male and female toilets for the splash pad and surrounding area and plant room equipment for the splash pad. There is also an existing UAT on site that provides service to users of the Splash Pad and playground, which was installed because the existing toilet facilities did not accommodate wheelchair access.

Upgrades to the building were not part of the splash pad project scope. The facilities do not comply with current accessibility standards, however, a prefabricated Universal Access Toilet (UAT) is located directly west of the toilet building.

At its meeting in March 2022, Council considered the community consultation outcomes for the proposed Toilet Upgrade (CP03-03/22) and resolved the following:

“1. RECOGNISES and THANKS the community for its involvement in the community consultation component of the project;

2. APPROVES that the project will proceed with Option 4, Stage 1 in 2022/23 subject to budget availability; and

3. NOTES that Administration will investigate external funding options to enable delivery of Option 4, Stage 2 (Changing Place) at a later stage.”

As a result of resolutions 2 and 3, Administration progressed investigations into the delivery of Option 4 Stages 1 and 2 (Attachment 2). Specifically, these investigations included a review of the design and compliance of the existing facility as well as its capacity to accommodate a Changing Place.

Option 4 Stage 1 proposed minor refurbishment works intended to improve the aesthetics of Building 1270 while Administration investigated external funding options to support the delivery of Option 4 Stage 2, which included the provision of dedicated Male and Female Changerooms, a Universal Access Toilet (UAT) and a compliant Changing Place facility. At the time it was estimated that cost for Stage 1 would be $267,200 and Stage 2 $410,800, with a total cost of $678,000.

A Changing Place facility is a specialist bathroom facility for people who cannot use a standard or accessible toilet and can only be accessed with a Master Lock Access Key (MLAK). They are a dedicated facility that includes a ceiling hoist, height-adjustable adult-sized change table with room for two carers to assist and is accompanied by an ACROD parking bay. The City recently installed a Changing Place facility at the Wanneroo Library (Attachment 3).

Detail

Investigations conducted since Council’s decision in March 2022 indicated that the proposed toilet upgrades require the removal and replacement of the existing floor slab throughout the building to enable the installation of new underground pipework for sewer drainage. As this work cannot conveniently be installed incrementally at a later stage it is necessary to include these upgrades as part of the preliminary works. The necessary inclusion of these works led to insufficient funds being available to proceed with Option 4 Stage 1, and a need to investigate additional concept design options to complete the toilet upgrade.

Following these investigations, several options were developed and considered based on delivering the facility upgrades within the existing available budget. Options included the provision of a modular Changing Place facility (Attachment 4) installed separately from Building 1270, and a potential staged approach to the delivery of the upgrades to the existing building.

Due to the volatility within the construction market and the inflated costs of civil works, the delivery of a modular facility was not possible within the available budget and was not considered as a viable option. This is primarily due to the extent of civil works required for the connection of utility services and the construction of an accessible path network to provide sufficient access between the facility and the associated ACROD parking bay. Furthermore, as new underground pipework is required to upgrade the sewer drainage to the whole of the building, it was deemed to not be feasible to reduce project scope or stage the delivery of the upgrades.

While these investigations were being undertaken, the State Government (through the Department of Communities) conducted an Expression of Interest (EOI) process to expand the network of Changing Places in Western Australia. In response to part 3 of Council’s resolution from March 2022, Administration submitted an EOI for funding to support the provision of a Changing Place facility as part of the toilet upgrade project. As a result of the EOI, the City was successful in receiving a funding contribution of $150,000 to incorporate a Changing Places facility as part of the project.

The funding is subject to a co-contribution of $50,000 by the City of Wanneroo with an expected project completion date of August 2025. Prior to the funding agreement being signed, Administration discussed with the Department of Communities that the City’s $50,000 co-contribution is subject to Council approval.

In order to progress the project, three new concept options have been developed for the toilet upgrades for Council’s consideration, as summarised below:

	Scope of Works	Estimated Cost
Option A (Attachment 5)	· New Changing Place · New Acrod Bay on Goal Way · New accessible pathways · Combine toilets, showers and change room – Male · Combine toilets, showers and change room - Female · New UAT and Cleaners Room · New Storeroom · Removal of existing external UAT	$1,128,000
Option B (Attachment 6)	· New Changing Place · New Acrod Bay on Goal Way · New accessible pathways · Combine toilets, showers and change room – Male · Combine toilets, showers and change room - Female · Retain existing external UAT	$904,000
Option C (Attachment 7)	· New Changing Place · New Acrod Bay on Goal Way · New accessible pathways · Minor refurbishment of existing toilets – No structural works · Retain existing external UAT	$769,000

Consultation

Consultation was undertaken in accordance with the City’s Community Engagement Policy.

A survey was conducted between 13 December 2021 and 31 January 2022 as part of the toilet upgrade project, in which the City received 69 responses to a survey online. Of the respondents, 87% suggested that they felt that the current toilets did not meet the needs of the surrounding park users. Respondents also consider the provision of changeroom facilities important. The City received information from a disability service provider stating “this park is one that our customers attend regularly so there would be a benefit to us if we had access to a Changing Place”.

No further consultation has been undertaken on the three new options proposed in this report as they are consistent with the outcomes of the previous consultation.

Comment

The latest concept design work indicates that upgrades to the toilets at the Kingsway Splash Pad, inclusive of a Changing Place facility, are achievable. The provision of a Changing Places facility is anticipated to be a welcome addition by the community, noting that access to a Changing Place requires a specific MLAK and therefore a Changing Place facility will only be available to those users who are eligible and in possession of the key.

The community engagement outcomes indicate that the current level of facility provision does not meet the requirements of park users. Whilst the development of a Changing Place would provide a suitable solution for specific user groups, further facility upgrades are required within Building 1270 to deliver upgrades that service the whole of the community.

As such, concept design Option A (Attachment 5) is considered the best outcome for the community. It provides a suitable level of facility provision for all users visiting the splash pad and surrounding area and provides the closest alignment to Option 4 (stages 1 and 2) previously endorsed by Council. While more expensive, Option A is preferable over options ‘B’ and ‘C’ as it results in a fully integrated toilet and change room facility, inclusive of UAT and Changing Place, to support the high level of use that the splashpad experiences by people of all abilities. Given that the existing UAT on-site is a temporary modular building, incorporating this amenity into a permanent facility through option ‘A’ would also remove the need to undertake further upgrade works in the future, likely at additional cost. It is anticipated the UAT could last for up to 25 years and given that the structure is modular, it can be disassembled and reused at an alternate site where these facilities are required (relocation would incur connection costs and likely siteworks).

It is recommended that concept design Option A be considered as the guiding concept for the toilet upgrade at the Kingsway Splash Pad and that the project progresses to detailed design phase based on this concept. Subject to Council’s support, the preferred option would be to complete all facility upgrades in one stage in order to mitigate any further cost escalations and to complete the project within the timeline of the Changing Place grant funding (August 2025).

Statutory Compliance

Nil

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

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
ST-G09 Long Term Financial Plan	Low
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

Policy Implications

Nil

Financial Implications

There are sufficient funds remaining in the FY 2023/24 budget to meet this year’s financial commitments, noting that a portion of the 2023/24 budget was re-budgeted as part of the Mid-Year Review adjustment. Current project budget is outlined below.

PR – 4284 Kingsway Splash Pad Changeroom and Toilets Upgrades
Description	Expenditure	Budget
Budget:
PR-4284 Allocated Capital Works Budget for 2023/24		$97,937
PR-4284 Listed draft Capital Works Budget for 2024/25		$1,030,063
Expenditure:
Actual Expenditure year to date FY 23-24	$18,877
Outstanding Commitments	-

Construction Works
Construction Cost as per QS	$953,000
Design and Consultant costs	$81,000

Contingency	$55,123
Project Management costs	$20,000
Total Expenditure	$1,128,000
Total Funding		$1,128,000

Should Council choose to progress with the recommended Option A, $1,030,063 will be listed as part of the 2024/25 Capital Works Planning process.

This will result in the project (PR-4284) being listed in the draft 20 Year Capital Works Program as per below:

Year	Reserve	Grant	Muni	Total
2023/24	$0	$40,000	$57,937	$97,937
2024/25 (proposed)	$0	$0	$543,714	$543,714
2025/26 (proposed)	$376,349	$110,000	$0	$486,349
Total				$1,128,000

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSES Option A as included at Attachment 5 as the guiding concept for the toilet upgrade at the Kingsway Splash Pad;

2. SUPPORTS the project progressing to the detail design phase; and

3. NOTES that $1,030,063 will be listed for consideration in draft 20 Year Capital Works Program for allocation to PR-4284 Kingsway Regional Sporting Complex, Madeley, Upgrade Splashpad Toilets and Changerooms.

Attachments:

1 ⇩.	Attachment 1 - Kingsway Splash Pad Toilet Building (1270)	22/52872
2 ⇩.	Attachment 2 - Kingsway Splash Pad Toilet Upgrade Option 4 Stage 1 and 2	22/53007
3 ⇩.	Attachment 3 - Wanneroo Changing Places photos 02.02.2022	22/93271
4 ⇩.	Attachment 4 - Modular Changing Place	23/367404
5 ⇩.	Attachment 5 - Scope Option A	23/367546
6 ⇩.	Attachment 6 - Scope Option B	23/367549
7 ⇩.	Attachment 7 - Scope Option C	23/367551

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

4.6 2022 Federal Election Commitment Funding - Kingsway Floodlighting and Modular Changerooms

File Ref: 39299 – 23/424406

Responsible Officer: Acting Director Community & Place

Attachments: Nil

Issue

To consider a Federal Government funding commitment of $2 million to the City of Wanneroo to deliver upgrades at the Kingsway Regional Sporting Complex.

Background

Following the May 2022 Federal Election, a number of commitments were made for projects within the City. A $2 million commitment was made by the Member for Pearce, Tracey Roberts MP (the MP) for facility upgrades and floodlights (baseball) at the Kingsway Regional Sporting Complex.

The Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) has indicated that the project scope of this funding is for:

“A number of facilities, particularly changerooms, toilets, storage facilities and club rooms require renewal to bring to a standard that meets contemporary compliance and safety requirements. This may require reconfiguration of existing building layouts to accommodate female changerooms, toilets and additional storage.”

Detail

Following lengthy discussions with the MP and the DITRDCA, the following works are proposed:

1. Floodlighting at Kingsway Baseball Diamond 1 to a level of 500/750 lux to comply with State/Major competition;

2. Installation of a modular changeroom (with the inclusion of a UAT and additional external toilets for public use and storage) at the football oval; and

3. Should sufficient funding remain, installation of up to two additional modular changeroom facilities at the Kingsway site to support other sports groups, potentially baseball, rugby, cricket and/or soccer clubs.

The commitment has since been confirmed by the DITRDCA who are now seeking the endorsement of a grant agreement.

Subject to Council’s endorsement, once the City accepts the grant agreement the works will be completed in priority order up to the value of $2 million. It should be noted that if the cost of the funded works exceed the $2 million grant, then the City will need to contribute to the cost of the project to ensure that, at a minimum, the floodlights and modular changeroom at the football oval are completed. DITRDCA have indicated that “requests for additional funding from the Australian Department will not be considered for this program”.

As per the grant conditions, funds cannot be used on internal costs (e.g. design, survey, project management etc) which are typically costed at 10-15% of the project budget.

Consultation

Community and stakeholder consultation will form part of these projects and will be undertaken in accordance with the City’s Community Engagement Policy.

Comment

The City is not typically notified of election commitments prior to their announcement and as such is unable to provide guidance on the project scope or cost estimate. Once the City is advised of the project, consultation is then undertaken with the relevant Federal Government agency, in this case DITRDCA, and other stakeholders to determine a suitable scope of works, resourcing and scheduling.

Delivery of the project is subject to Administration completing the appropriate project planning and resourcing schedule. While the final schedule is yet to be determined, it is expected that the projects will need to be completed by December 2026. However, this is subject to change based on the potential external project impacts.

Details of each proposed project are outlined below:

· Floodlighting upgrade

o The planning and design stage is expected to commence in the 2024/25 financial year, with construction planned to commence in 2025/26.

o It is anticipated that the floodlighting will be completed in 2026/27 and is estimated to cost $1,119,273 (as at August 2023).

· Modular Changerooms

o The planning and design stage of the project is expected to commence in the 2024/25 financial year, with construction planned to commence in 2025/26.

o It is anticipated that the modular changerooms will be completed in 2026/27 and can be delivered within the estimated budget of $880,727, based on the City’s experience in delivering similar projects.

It is anticipated that the available budget will be sufficient to deliver both projects. However, it should be noted that there is a risk that Council will need to fund any budget shortfalls in the event of cost escalations or unexpected issues that may be experienced.

Notwithstanding the above, the provision of funds for the upgrades at Kingsway Regional Sporting Complex is anticipated to be a welcome addition by the community and resident clubs and as such it is recommended that Council agree to accept the grant funding from the Federal Government to deliver this project.

Statutory Compliance

Nil

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

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
ST-G09 Long Term Financial Plan	Low
Accountability	Action Planning Option
Director Corporate Strategy and Performance	Manage

Policy Implications

Nil

Financial Implications

This project is currently listed on the City’s draft 20 Year Capital Works Program as per the below tables.

Baseball Diamond 1 Floodlighting Upgrade

Year	Funding Source						Total
Year	Municipal	Grants	Contribut*	Reserves	Loan	TPS*	Total
2024/25	$15,000	-	-	-	-	-	$15,000
2025/26	$85,000	$559,636	-	-	-	-	$644,636
2026/27	$25,000	$559,637	-	-	-	-	$584,637
Total	$125,000	$1,119,273	-	-	-	-	$1,244,273

Modular Changeroom Facility

Year	Funding Source						Total
Year	Municipal	Grants	Contribut*	Reserves	Loan	TPS*	Total
2024/25	$50,000	-	-	-	-	-	$50,000
2025/26	$30,000	$440,363	-	-	-	-	$470,363
2026/27	$30,000	$440,364	-	-	-	-	$470,364
Total	$110,000	$880,727	-	-	-	-	$990,727

As is common with grant funding, items such as project management fees are not usually included in the funding. As a result, the City is required to commit municipal funding to provide for these costs.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ACCEPTS the $2 million grant from the Federal Government for the proposed upgrades at Kingsway Regional Sporting Complex;

2. NOTES that any shortfall in project expenditure above $2 million will need to be funded by the City;

3. AUTHORISES the Chief Executive Officer to execute an appropriate funding agreement with the Department of Infrastructure, Transport, Regional Development and Communications for this project; and

4. APPROVES the project listing for consideration as part of the draft 2024/25 Capital Works Program as per the amount shown in the table in the Financial Implications section of the report.

Attachments: Nil

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

4.7 2022 Federal Election Commitment Funding - Wanneroo Showgrounds Cricket Net Floodlighting

File Ref: 49313 – 24/47083

Responsible Officer: Acting Director Community & Place

Attachments: 1

Issue

To consider acceptance of a Federal Government funding commitment of $120,000 made to the City of Wanneroo through an Investing in Our Communities grant to deliver cricket net Floodlighting at the Wanneroo Showgrounds cricket nets.

Background

Following the May 2022 Federal Election, a number of commitments were made for projects within the City. The Wanneroo Cricket Club (WCC) received an election commitment from the Member for Pearce to fund the design and construction of floodlighting to the Wanneroo Showgrounds Cricket Nets (Attachment 1).

Election commitments up to $5 million are delivered through a one-off funding round of the Investing in Our Communities (IiOC) Program. The IiOC program is funded from 2022–23 to 2026–27 and is administered by the Department of Infrastructure, Transport, Regional Development, Communications, and the Arts (DITRSCA) on behalf of the Federal Government.

Given the City’s ownership of the asset and experience in delivering similar projects, the City applied for the funding on behalf of WCC.

Detail

The City has received advice from the DITRSCA that the City’s application for funding under the IiOC program has been successful, with the following outcome:

Grant Type

Project

Project Cost

IiOC Funding Requested

IiOC Funding Approved

IiOC

PR-SP999 Wanneroo Showgrounds, Wanneroo – Cricket Net Floodlighting

$132,000

$120,000

Consultation

Consultation will be undertaken in accordance with the City’s Community Engagement Policy.

Communication has been ongoing with the relevant stakeholders and Wanneroo Cricket Club to ensure they are kept up to date with the progress of the funding application.

Comment

The provision of funds for the cricket net floodlighting at the Wanneroo Showgrounds is anticipated to be a welcome addition by the community and resident clubs and as such it is recommended that Council agree to accept the grant funding from the Federal Government to deliver this project.

The project is fully funded, except for minor project management costs which are required to be covered by the City. Accordingly, Council’s consideration of these additional costs is required, to ensure that this is reflected in the 2024/25 Capital Works Budget.

Subject to Council’s acceptance of the grant, detailed design will commence in the 2024/25 financial year, with construction scheduled for 2025/26. The project is required to be completed by the end of July 2026.

Statutory Compliance

Nil.

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

Risk Management Considerations

Risk Title	Risk Rating
ST- G09 Long Term Financial Plan	Low
Accountability	Action Planning Option
Director Corporate Strategy & Performance	Manage

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

Policy Implications

The provision of flood lighting at Wanneroo Showgrounds Cricket Nets is consistent with the City’s Sports Floodlighting Policy. Community Engagement will be undertaken as per the City’s Community Engagement Policy.

Financial Implications

The Project PR-SP999 Wanneroo Showgrounds, Wanneroo – Cricket Net Floodlighting is currently listed in the City’s draft 20 Year Capital Works Program as follows:

Year	Funding Source						Total
Year	Municipal	Grants	Contribut*	Reserves	Loan	TPS*	Total
2024/25	$5,000	-	-	-	-	-	$5,000
2025/26	$7,000	$120,000	-	-	-	-	$127,000
Total	$12,000	$120,000	-	-	-	-	$132,000

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ACCEPTS the $120,000 grant from the Federal Government for the Design and Construction of floodlighting at the Wanneroo Showgrounds Cricket Nets;

2. AUTHORISES the Chief Executive Officer to execute an appropriate funding agreement with the Department of Infrastructure, Transport, Regional Development and Communications for this project; and

3. APPROVES the project listing for consideration as part of the draft 20 Year Capital Works Program as per the amount shown in the table in the Financial Implications section of the report.

Attachments:

1 ⇩.

Attachment 1 - Wanneroo Showgrounds Cricket Net Location

24/61943

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

Community Safety & Emergency Management Report

4.8 Bushfire Brigade Local Law 2024

File Ref: 25252 – 24/40775

Responsible Officer: Acting Director Community & Place

Attachments: 2

Previous Items: CR01-03/23 - Bush Fire Brigades Local Law - Ordinary Council - 21 Mar 2023

CP03-08/23 - Repeal and Replace the Bushfire Brigades Local Law 2022 - Ordinary Council - 15 Aug 2023

CP06-11/22 - Review of the Bush Fire Brigades Local Law 2001 - Ordinary Council - 08 Nov 2022

Issue

To consider repealing the Bushfire Brigades Local Law 2022 and adopting a new Bush Fire Brigades Local Law 2024.

Background

Council adopted the Bush Fire Brigades Local Law 2022 on 8 November 2022 (CP06-11/22) which was gazetted on 22 November 2022 (166 of 2022) replacing the outdated Bush Fire Brigades Local Law 2001.

Within 10 working days of the gazettal date, the City is required to provide copies of the local law and an Explanatory Memorandum, along with other supporting material in accordance with Ministerial Directions, to the WA Parliament’s Joint Standing Committee on Delegated Legislation (JSCDL)

The JSCDL subsequently wrote to the Mayor on 20 February 2023 requesting that the City undertake to amend its Bushfire Brigades Local Law 2022 to comply with section 62(1) of the Bushfires Act 1954 (the Act) and Council resolved at the Ordinary Council meeting of
21 March 2023 (CR01-03/23) to do so.

To effectively address the Committees requirements, several amendments to the local law were considered that went beyond those identified in the previous report to Council relating to the City’s undertaking to the JSCDL. The drafting of an amendment local law is a complex process, especially where numerous and significant amendments are proposed. Accordingly, Administration considered it appropriate to recommend to Council on
15 August 2023 (CP03-08/23) to repeal the existing Bushfires Brigade Local Law 2022 and adopt, for advertising, a new Bushfire Brigades Local Law 2023.

The making of a local law is undertaken in two stages, the first that Council agree to the giving of public notice to seek submissions on the draft local law (which may include a repeal clause). The second stage is for Council to consider submissions and either adopt the local law as advertised or resolve to amend and adopt the local law if not considered significantly different to that previously advertised.

Detail

On 24 August 2023 the City undertook the requisite statutory advertising for the new draft Bushfire Brigades Local Law 2023. As part of the advertising process, a local government is to send a copy of the proposed local law to the Minister for Emergency Services and the Minister for Local Government. Both Ministers wrote to the City expressing concerns regarding the drafting of the local law and suggested that the City may wish to seek independent advice as to whether the draft local law satisfied the requirements of the Act. There were no other submissions received at the close of advertising.

The City has now sought advice from McLeod’s Barristers and Solicitors who has assisted the City in making amendments to the Bushfire Brigades Local Law 2023 (as advertised) that in the City’s opinion, complies with section 62(1) of the Act.

The points below summarise the key changes between the draft Bushfire Brigades Local Law 2023 (Attachment 1), advertised for public comment, and the new draft Bushfire Brigades Local Law 2024 (Attachment 2).

· Reference to Brigade Procedures has been removed as this is an operational document that has been drafted and approved by the City’s CEO to assist in the day to day operation of the brigade and does not include matters which should be regulated by the local law.

· The definition of ‘Elected Officer’ replaces the former definition of ‘Bush Fire Brigade Officers’ and this term has been used throughout the local law, where applicable. The definition of Bush Fire Brigade Member or Brigade Member has been amended to include reference to an Elected Officer as well as other members of a brigade. These definitions have been updated to provide clarity between those officers appointed by Council and Elected Officers who may be elected through the Brigade.

· Clause 2.2(2) now provides for an exception that a Bush Fire Control Officer appointed by the local government may not necessarily be taken to be a brigade member.

· Clause 2.2(3) has been amended to refer to the term of an Elected Officer and when that term might end.

· Clause 2.2(5) has been amended to enable, rather than require, a vacant Elected Officer position to be filled before the next Annual General Meeting.

· Clause 4.3(1)(a) has been amended so that it now applies only where there is a vacancy in a Bush Fire Control Office position, removing from the local law reporting or other obligations where there is a vacancy in an Elected Officer position.

· Clause 4.3 (1) (a) and (b) have been kept separate because there may be situations, other than where a vacancy occurs, where the Chief Bush Fire Control Officer (CBFCO) would nominate to the CEO suitably qualified persons for appointment as Bush Fire Control Officers by the City.

· Substantial redrafting of clause 5 that involves dealing separately with appointments made by the City (now in clause 5.1) and appointments made by the CBFCO (now in clause 5.2). Grievances were previously dealt with under Clause 5.2. This has been deleted as these matters are to be dealt with procedurally rather than in the local law.

· The current terms of clause 5.1 and 5.2 have been redrafted on the basis that –

(1) in relation to a person's appointment to the position of CBFCO, DCBFCO or BFCO -

(a) the City is responsible for making the appointment, and for any suspension or termination; and

(b) it is necessary to identify in what circumstances and when an appointment made by the City ends and these matters are now dealt with clause 5.1(3).

(2) in relation to a person's membership of a Bush Fire Brigade –

(a) there are new provisions dealing with the membership application process, including to whom it is made and who assesses and determines the application. (see clause 5.2(1)-(3));

(b) it is necessary to clarify in what circumstances and when a person's membership ends. These matters are now dealt with in clause 5.2(4) which largely mirrors those applying to appointments by the City (clause 5.1(3)) but vary because a person is appointed to be a Brigade Member indefinitely, rather than for a specified term;

(c) the grounds on which a person (except a Bush Fire Control Officer) may be suspended or terminated, now set out in clause 5.2(5), also include the situation where a Brigade Member does not maintain Brigade training currency;

(d) clause 5.2(7) (previously clause 5 .1 (8)) has been amended to require the CBFCO to refer a proposed suspension termination to the Chief Executive Officer where the CBFCO has a conflict of interest (which would generally include the earlier reference to CBFCO being ‘involved in an incident' but that would depend on the nature of the incident); and

(e) clause 5.2(9) (previously clause 5.1(10)) to be expressed as applying where a membership ends, not only where a membership is terminated by the CBFCO.

The agenda and minutes of the Ordinary Council meeting at which the local law is considered is to include the purpose and effect of the proposed local law, which are set out below:

Bush Fire Brigades Local Law

Purpose

To make provisions about the establishment and organisation of bush fire brigades.

Effect

To align the City of Wanneroo’s Bushfire Brigades Local Law with changes in the law and operational practice.

Consultation

Administration has consulted with other local governments, the Chief Bush Fire Control Officer (who in turn has consulted with Brigade Members), internal stakeholders, the City’s legal officers, McLeod’s Barristers and Solicitors and Council Members.

Comment

Section 3.12 (4) of the Local Government Act 1995 requires that after the last day for submissions, the local government is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was proposed.

Section 3.13 provides for the procedure where significant change is proposed and requires that if during the procedure for making a proposed local law the local government decides to make a local law that would be significantly different from what it first proposed, the local government is to recommence the procedure.

The attached local law is considered significantly different to that previously advertised and Council is therefore requested to recommence the procedure and resolve to advertise the new draft. Due to the passage of time the local law will now be named the Bushfire Brigades Local Law 2024.

The City wrote to the JSCDL in November 2023 to provide an update due to the delay in amending the local law and the JSCDL acknowledged that correspondence requesting that the City continue to provide updates regarding its progress.

Should Council resolve to advertise the draft Bushfire Brigades Local Law 2024 for submissions, the City will again write to the Committee to provide an update.

The draft Bushfire Brigades Local Law 2024, in the City’s opinion, addresses the Committee’s concerns as it effectively complies with the requirements of 62(1) of the Act relating to the establishment, organisation and administration of the brigades and the appointment, employment, dismissal and duties of brigade members.

Statutory Compliance

Section 3.12 of the Act prescribes the procedures for making and finalising the process of adopting Local Laws.

Whilst the Act does not expressly prescribe a timeframe in which the procedural requirements for making local laws are to be completed, the procedures should be undertaken with “all convenient speed’ in line with the Interpretations Act 1984.

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 Relationships	Medium
Accountability	Action Planning Option
Director Corporate Strategy & Performance	Manage

Risk Title	Risk Rating
CO-O23 Safety of Community	Medium
Accountability	Action Planning Option
Director Community & Place	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 have been developed to manage these risks.

Policy Implications

Supporting operational procedures were developed by the Brigades and adopted by the CEO to supplement this local law. These procedures will require review should the new draft local law progress.

Financial Implications

The cost of giving public notice, advertising and gazettal is met through the City’s budget.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. In accordance with Section 3.12(3)(a) of the Local Government Act 1995, GIVES local public notice stating that the City of Wanneroo proposes to make a Bush Fire Brigades Local Law 2024, a summary of its purpose and effect being:

Purpose

To make provisions about the establishment and organisation of bush fire brigades.

Effect

To align the City of Wanneroo’s Bushfire Brigades Local Law with changes in the law and operational practice.

2. NOTES that:

a) Copies of the proposed Bush Fire Brigades Local Law 2024 may be inspected at the City’s offices and will be made available on the City’s website;

b) Submissions regarding the proposed Bush Fire Brigades Local Law 2024 may be made to the City within a period of not more than 6 weeks after the public notice is given;

c) In accordance with Section 3.12(3)(b) of the Local Government Act 1995, as soon as the notice is given, a copy of the proposed Bush Fire Brigades Local Law 2024 will be provided to the Minister for Emergency Services and the Minister for Local Government; and

d) In accordance with Section 3.12(3)(c) of the Local Government Act 1995, a copy of the proposed Bush Fire Brigades Local Law 2024 will be supplied to any person requesting it.

3. NOTES that all submissions received will be presented to Council for consideration.

Attachments:

1 ⇩.	ATTACHMENT 1: Bush Fire Brigades Local law 2023	23/204840
2 ⇩.	ATTACHMENT 2: Bush Fire Brigades Local Law 2024	24/53332

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

Corporate Strategy & Performance

Transactional Finance

4.10 Financial Activity Statement for the Period ended 31 January 2024

File Ref: 45975V002 – 24/45941

Responsible Officer: Director Corporate Strategy & Performance

Attachments: 4

Issue

To consider the Financial Activity Statement for the period ended 31 January 2024

Background

In accordance with Local Government (Financial Management) Regulations 1996, the Financial Activity Statement has been prepared in compliance with the following:

· Regulation 34(1) and (3) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature classification,

· Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2023/24 financial year 10% and a value greater than $100,000 will be used for the reporting of variances, and

· Regulation 35 of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial position of the local government as at the last day of the previous month.

Detail

Financial Activity for the Period Ended 31 January 2024

At the Ordinary Council Meeting on 4 July 2023 (SOC01-07/23), Council adopted the Annual Budget for the 2023/24 financial year. The figures in this report are compared to the Revised Budget.

The Mid-Year Review (MYR) adjustments adopted on 20 February 2024, have not been incorporated in to the Financial Activity Statement for the period ended 31 January 2024.The MYR adjustments will be incorporated from the February 2024 Financial Activity Statement.

Overall Comments Year-to-Date

Results from Operating Activities

The net inflow from Operating Activities for the period ended 31 January 2024 is higher than budget by $18.5m, including non-cash adjustment of $383k. The cash inflows variance before non-cash adjustments from Operating Activities is $4.8m, whereas cash outflows variance is $14.0m.

The overall variance is mainly due to higher inflows from Interest Earnings ($3.7m) and Rates ($745k), underspent from: Materials and Contracts ($9.5m), Employee Costs ($3.7m) and timing variance from Loss on Asset Disposals ($610k).

Results from Investing Activities

The net inflows from Investing Activities is higher than budget by $5.4m mainly due to lower outflows related to Purchase and Construction of Infrastructure Assets ($1.6m), lower outflows from Purchase of Property, Plant and Equipment ($9.4m) and lower outflows from Development Contribution Plans Expenses ($8.2m), offset by the lower inflows from Development Contribution Plans Revenues ($11.6m) and lower proceeds from Disposal of Assets ($2.2m).

Results from Financing Activities

Financing Activities mainly consist of Reserve transfers and Development Contribution Plans transfers, which are in line with the budget.

Capital Program

Year to date 31 January 2024, $33.0m (excluding leased assets and contributed physical assets) was spent on various capital projects of which $3.9m was spent on Roads, $6.8m was spent on Foreshore Management, $8.5m was spent on Sports Facilities and $3.7m was spent in Investment Projects. Refer to Attachment 4 for more details).

Investment Portfolio Performance

Comments relating to the Statement of Financial Activity are provided for the variances between Year to Date Actuals and Year to Date Revised Budgets, where the variance is higher than the reporting threshold or item of interest to Council.

Operating Activities

Note 1 Rates

Year to Date - (Actual $154.9m, Revised Budget $154.2m)

The variance is favourable by $745k mainly due to higher inflow of interim rates from residential properties.

Note 2 Operating Grants, Subsidies & Contributions

Year to Date - (Actual $2.6m, Revised Budget $2.1m)

The variance is favourable by $472k mainly due to an additional receipt of unbudgeted State Government grants of $51k, higher contributions of $98k from the Department of Education for school turf maintenance, recovery of debt and legal costs of $285k related to Rates and Legal Services and reimbursements of utility payments from leased facilities of $48k.

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Note 3 Fees and Charges

Year to Date - (Actual $43.0m, Revised Budget $43.3m)

The unfavourable variance of $297k mainly due to:

· Lower community facility booking fees of $1.3m due to a change of accounting process for concession discounts partially offset by;

· Higher Application and License fees of $303k from Approval services;

· Higher Inspection fee income of $193k from Compliance services;

· Higher Engineering Supervision Fee income of $193k from Land Development services;

· Higher Search fee income from Building approvals and Rates services of $125k;

· Higher Green Fees income from Golf Courses of $128k; and

· Higher Driving range income from Golf Courses of 76k.

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Note 4 Interest Earnings

Year to Date - (Actual $12.5m, Revised Budget $8.8m)

The favourable variance of $3.7m is mainly due to higher than budget portfolio balance of $71m and a higher rate of interest received for the City’s investment portfolios as the Reserve Bank of Australia (RBA) has increased the cash rate more than budgeted. The budget has been revised accordingly via MYR.

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Note 5 Other Revenue

Year to Date - (Actual $1.6m, Revised Budget $1.3m)

The Positive variance of $251k is mainly due to;

· Higher recouped bond monies related to land developments of $205k;

· Higher income from sale of products from various business units of $24k;

· Recouped booking bond monies related to prior years of $66k from community facilities;

· The traffic and transport business unit received an unbudgeted $60k from the Department of Transport to cover the wages of the Active Travel Officer program;

· Higher inflow from Neerabup Resource extraction fees of $73k;

· Miscellaneous income from various business units of $29k; and

· Partially offset by the lower profit share for Golf Courses of $206k.

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Note 6 Employee Costs

Year to Date - (Actual $48.2m, Revised Budget $51.9m)

The employee costs under budget by $3.7m, mainly due to lower salary costs resulting from the delays in backfilling certain vacancies due to current market conditions. The Budget has been revised accordingly via MYR.

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Note 7 Materials & Contracts

Year to Date - (Actual $39.0m, Revised Budget $48.5m)

The Materials & Contracts expenditure is under budget by $9.5m mainly due to;

· Of the $2.8m variance in general material expenses, $1.1m is related to underspend, which has been adjusted via MYR. The balance $1.7m is related to timing differences.

· Timing differences in asset maintenance expenses of $1.9m;

· Timing differences in Consulting fees of $1.8m;

· Community facilities booking concessions of $1.3m due to the change of accounting method, which has been adjusted via MYR;

· Underspend of contract expenses of $753k due to timing differences;

· Lower refuse removal expenses of $250k, of which $40k adjusted via MYR and remainder being timing differences;

· Timing differences in reimbursement of crossovers of $203k;

· Timing differences in advertising expenses of $135k; and

· Timing differences in postage, and miscellaneous expenses of $159k.

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Note 8 Utility Charges

Year to Date - (Actual $6.1m, Revised Budget $6.3m)

The lower than budget outflow of $174k is mainly due to the timing differences in electricity expenditure outflows.

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Note 9 Loss on Asset Disposals

Year to Date - (Actual $101k, Revised Budget $711k)

The positive variance of $590k is mainly due to the timing differences in plant and equipment disposals.

Investing Activities

Note 10 Proceeds from Disposal of Assets

Year to Date – (Actual $564k, Revised Budget $2.8m)

The negative variance of $2.2m is attributable to timing differences in the Disposal of Assets.

Note 11 Development Contribution Plans Revenue

Year to Date – (Actual $2.5m, Revised Budget $14.1m)

The Development Contribution Plan Revenue is under budget by $11.6m, which has been adjusted via MYR. The adjustments were required due to timing delays in project expenditure.

Note 12 Purchase of Property, Plant and Equipment

Year to Date – (Actual $13.8m, Revised Budget $23.1m)

The lower net outflow of $9.4m from the Purchase of Property, Plant and Equipment is due to delays of multiple capital project deliveries.

Note 13 Purchase & Construction of Infrastructure

Year to Date – (Actual $27.6m, Revised Budget $29.2m)

The underspent of $1.6m in the Purchase and Construction of Infrastructure Assets is due to delays in multiple projects.

Note 14 Development Contribution Plans Expenses

Year to Date – (Actual $3.3m, Revised Budget $11.5m)

The lower-than-budget outflows of $8.2m is due to delays in the acquisitions of various public open spaces.

Statement of Financial Position (Attachment 2)

Note 1 - Net Current Assets

Compared to the closing position at 30 June 2023, Net Current Assets have increased by $101.7m, predominately due to the levying of 2023/24 Rates and Waste Service Fees in July 2023.

Within the Current Assets, Current Receivables of $47.7 are mainly comprised of Rates and Waste Service Fees debtors of $32.7m and Emergency Services Levy of $4.6m. The remaining balance is attributed to General Debtors of $10.4m.

Note 2 - Non-Current Assets

Non-Current Assets as at 31 January 2024 have increased by $14.9m from 30 June 2023 closing balance, mainly due to an increase in Property, Plant and Equipment and Infrastructure Assets partially offset by the decrease in investments in Associates.

Note 3 - Non-Current Liabilities

Non-Current Liabilities as at 31 January 2024 have increased by $11.6m from 30 June 2023 closing balance, mainly due to a change in unspent Grant Liabilities.

Financial Performance Indicators

The table below presents data on relevant financial ratios, comparing the minimum standard expected as per the Department of Local Government, Sport and Cultural Industries (DLGSCI) as at 31 January 2024 and at the same period of the last year.

Please note that the Asset Ratios are only calculated at the end of the financial year and published as a part of the Annual Report.

A green highlight is used where the minimum standard is met or exceeded. Highlighted in red is below the standard (where relevant).

Capital Works Program

The status of the Capital Works Program is summarised by Sub-Program in the table below:

As at 31 January 2024, the City incurred $33.0m of capital expenditure, which represents 37.5% of the $88.0m Capital Works Revised Budget.

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To further expand on the Capital Works Program information above, updates in key capital projects are selected to be specifically reported on, is provided in the Top Capital Projects attachment to this report (Attachment 4).

Capital Changes

The following changes are proposed to be made to the 2023/24 Capital Works budget.

PR-1042 Recurring Program, Upgrade Corporate Buildings – Minor Works – An additional $18,000 is required for increased costs due to unforeseen site constraints associated with the ceiling replacement in Civic Centre meeting rooms. It is proposed to fund this from savings identified in PR-2558 Recurring Program, Renew Corporate Building Assets.

PR-2749 Recurring Program, New Major Pathways – An additional $10,000 is required for extra reinstatement works. It is proposed to fund this from savings identified in PR-2558 Recurring Program, Renew Corporate Building Assets.

PR-4446 Ashby Operations Centre, Ashby, Renew Building 3 Roof Sheeting, Drainage, HVAC - An additional $113,000 is required due to an increase in scope associated with HVAC Engineering and construction works, as well as price increases due to current market volatility. These works are being funded from the Asset Replacement/Enhancement reserve.

PR-4180 Alexander Drive, Landsdale, New Shared Pathway from Gnangara Rd to Hepburn Ave – It is proposed to bring $150,000 forward from 2024/25 to pay for Western Power undergrounding works at the site. The project is entirely funded from TPS Cell 9.

PR-4467 Recurring Program, Renew Transport Infrastructure Assets – Grant funds of $26,608 have been received from the Federal Government as part of the Roads to Recovery program in excess of the original budget. An additional $35,000 is also required to advance planning works for 2024/25, with those funds proposed to be sourced from savings in PR-4497 Recurring Program, Upgrade Street Lighting.

Reserves

TPS 20 – District Distributor Road Headworks Reserve name to be changed to “Clarkson Butler Planning District (TPS 20) Reserve”. The change of name is to align with the District Planning Scheme Number 2 (Gazetted 6^th July 2001). There is no change to the purpose of the reserve.

Investment Portfolio (Attachment 3)

In accordance with the Local Government (Financial Management) Regulations 1996 (and per the City’s Investment Policy), the City invests solely in Authorised Deposit taking Institutions (ADI’s):

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At the end of January 2024, the City held an investment portfolio (cash & cash equivalents) of $564.7m (Face Value), equating to $576.8m inclusive of accrued interest. The City’s year to date investment portfolio return has exceeded the UBS Australia Bank Bill rate index benchmark by 1.03% pa (5.03% pa vs. 4.00% pa).

Consultation

This document has been prepared in consultation with Relevant Officers.

Comment

This report has incorporated recent amendments to the Local Government (Financial Management) Regulations 1996, which require local governments to prepare monthly Statement of Financial Activity (formerly Rate Setting Statement) with variance analysis, and the Statement of Comprehensive Income by Nature is no longer required.

The Regulations also require the preparation of Net Current Asset Notes (Attachment 1) to complement the Statement of Financial Activity.

In reference to Statement of Financial Activity in the report, the following symbols have been used to categorise three levels of variance:

Inflows/Outflows:

· é - Positive Variance more than 10% and/or more than $100,000

· ê - Negative Variance more than 10% and/or more than $100,000

· è - Negative Variance Less than 10% or less than $100,000

Statutory Compliance

This Monthly Financial Activity Statement complies with Regulations 34 and 35 of the Local Government (Financial Management) Regulations 1996.

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

Risk Management Considerations

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

The above risk relating to the issue 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.

Local Jobs

The City is prepared to accept a high level of financial risk provided that the City implements a risk management strategy to manage any risk exposure.

Strategic Growth

The City will accept a moderate level of financial risk for facilitating industry development and growth.

Any strategic objective including ongoing planning, funding and capital investment to develop infrastructure strategic assets carries financial risks.”

Policy Implications

The following policies are relevant for this report:

· Accounting Policy;

· Investment Policy;

· Financial Cash Back Reserve Policy; and

· Strategic Budget Policy.

Financial Implications

As outlined in the report and detailed in Attachments 1 to 4.

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. RECEIVES the Financial Activity Statement and commentaries on variances to Budget for the period ended 31 January 2024 consisting of:

a) January 2024 Financial Activity Statement;

b) January 2024 Net Current Assets Position; and

c) January 2024 Material Financial Variance Notes.

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

Number	From	To	Amount	Description
PR-1042	PR-2558 Recurring Program, Renew Corporate Building Assets	PR-1042 Recurring Program, Upgrade Corporate Buildings - Minor Works	$18,000	Increased costs due to unforeseen site constraints.
PR-2749	PR-2558 Recurring Program, Renew Corporate Building Assets	PR-2749 Recurring Program, New Major Pathways	$10,000	Funds required for extra reinstatement works.
PR-4446	Asset Replacement/ Enhancement reserve	PR-4446 Ashby Operations Centre, Ashby, Renew Building 3 Roof Sheeting, Drainage, HVAC	$113,000	Costs are associated with an increase in scope as well as price increases due to market volatility.
PR-4180	TPS – Cell 9	PR-4180 Alexander Drive, Landsdale, New Shared Pathway from Gnangara Rd to Hepburn Ave	$150,000	Funds brought forward to pay for Western Power undergrounding works.
PR-4467	Grants - MRRP	PR-4467 Recurring Program, Renew Transport Infrastructure Assets	$26,608	Additional Roads to Recovery grant funds received.
PR-4467	PR-4497 Recurring Program, Upgrade Street Lighting	PR-4467 Recurring Program, Renew Transport Infrastructure Assets	$35,000	Funds required to advance 2024/25 planning works.

3. APPROVES by ABSOLUTE MAJORITY to change the name of the TPS 20 – District Distributor Road Headworks Reserve to “Clarkson Butler Planning District (TPS 20) Reserve”.

Attachments:

1 ⇩.	Attachment 1 - Net Current Assets January 2024	24/50812
2 ⇩.	Attachment 2 - Statement of Financial Position January 2024	24/50831
3 ⇩.	Attachment 3 - Investment Report January 2024	24/50843
4 ⇩.	Attachment 4 - Top Projects 2023-24 - January 2024	24/56527

CITY OF WANNEROO Agenda OF Council Members' Briefing Session 12 March, 2024 1

4.11 Warrant of Payments for the Period to 31 January 2024

File Ref: 1859V02 – 24/54426

Responsible Officer: Director Corporate Strategy & Performance

Attachments: Nil

Issue

Presentation to the Council of a list of accounts paid for the month of January 2024, including a statement as to the total amounts outstanding at the end of the month.

Background

Local Governments are required each month to prepare a list of accounts paid for that month and submit the list to the next Ordinary Meeting of the Council.

In addition, it must record all other outstanding accounts and include that amount with the list to be presented. The list of accounts paid, and the total of outstanding accounts must be recorded in the minutes of the Council meeting.

Detail

The following is the Summary of Accounts paid in January 2024

Funds

Vouchers

Amount

Director Corporate Services Advance A/C

Accounts Paid – January 2024

Cheque Numbers

Credit Cards

EFT Document Numbers

TOTAL ACCOUNTS PAID

Less Cancelled Cheques

Manual Journals

Town Planning Scheme

RECOUP FROM MUNICIPAL FUND

124476 – 124528

49 - 50

25121 - 26202

$25,810.10

$66,054.09

$16,499,779.87

$16,591,644.06

($12,104.68)

($4,849.57)

($1,695,520.20)

($14,879,169.61)

Municipal Fund – Bank A/C

Accounts Paid – January 2024

Recoup to Director Corporate Services Advance A/C

Payroll – Direct Debits

TOTAL ACCOUNTS PAID

$14,879,169.61

$4,127,507.38

$19,006,676.99

Town Planning Scheme

Accounts Paid – January 2024

Cell 1

Cell 2

Cell 3

Cell 4

Cell 5

Cell 6

Cell 7

Cell 8

Cell 9

TOTAL ACCOUNTS PAID

$1,367,393.20

$916.00

$8,095.00

$916.00

$269,536.00

$916.00

$45,916.00

$1,695,520.20

(Please note in some instances descriptions/details of one transaction are presented across two pages in following table.)

Warrant of Payments January 2024

Number	Date	Supplier / Description	Amount
124476	2/01/2024	Rates Refund	$724.65
124477	2/01/2024	Rates Refund	$639.89
124478	2/01/2024	Rates Refund	$647.15
124479	2/01/2024	Rates Refund	$925.95
124480	2/01/2024	Rates Refund	$907.80
124481	2/01/2024	Rates Refund	$182.53
124482	2/01/2024	Rates Refund	$188.88
124483	2/01/2024	Rates Refund	$661.64
124484	2/01/2024	Rates Refund	$146.14
124485	2/01/2024	Rates Refund	$427.05
124486	2/01/2024	Rates Refund	$2,998.48
124487	2/01/2024	Callum Harris	$73.00
		Refund - Planning Register Withdrawn - Incorrect Application
124488	2/01/2024	Thanh Thuy Do	$26.50
		Refund - Copies Of Plans - Not Available
124489	2/01/2024	Fay Burrows	$13.10
		Refund - Copies Of Plans - Not Available
124490	2/01/2024	City of Wanneroo	$150.00
		Cash Advance - 3 $50.00 Gift Vouchers - 3 Independent Early Childhood Professionals, Volunteering Their Time & Expertise To Take Part In A 4 Hour Workshop Review Of Early Childhood Library Programs
124491	2/01/2024	Logiudice Property Group	$1,314.25
		Quarterly Admin / Reserve Fund Levy - Mindarie Medical Centre - Property
124492	2/01/2024	Slawomira Lechowicz	$144.00
		Refund - Holiday Program - Events Cancelled
124493	8/01/2024	Rates Refund	$850.67
124494	8/01/2024	Freedom Pools & Spas	$61.65
		Refund - Building Application - Rejected
124495	8/01/2024	Sport and Recreation Surfaces	$2,365.00
		Tennis Court Maintenance - Elliot Park
124496	8/01/2024	Expression Australia	$264.00
		Interpreting For Live Broadcast Of Mariginiup Fires
124497	8/01/2024	Hang Gliders Association of WA Inc	$295.00
		Refund - Planning Application - Withdrawn
124498	8/01/2024	MR Thatch	$61.65
		Refund - Building Application - Rejected
124499	8/01/2024	Indara Infrastructure Pty Ltd	$1,280.00
		Refund - Development Application - Withdrawn
124500	8/01/2024	The Trustee of MST Consultancy & Services	$147.00
		Refund - Development Application - Withdrawn
124501	15/01/2024	Rates Refund	$882.18
124502	15/01/2024	Rates Refund	$192.51
124503	15/01/2024	Rates Refund	$913.25
124504	15/01/2024	Rates Refund	$239.70
124505	15/01/2024	Rhys James	$70.60
		Refund - Copy Of Plans - Not Available
124506	15/01/2024	Christopher Stone	$70.60
		Refund - Copy Of Plans - Not Available
124507	22/01/2024	Rates Refund	$925.95
124508	22/01/2024	Rates Refund	$625.38
124509	22/01/2024	Rates Refund	$669.22
124510	22/01/2024	Rates Refund	$819.16
124511	22/01/2024	Rates Refund	$756.15
124512	22/01/2024	Laura Gray	$30.00
		Refund - School Holiday Program - PT Training - Cancelled
124513	22/01/2024	Mark Richards	$233.30
		Refund - Building Certificate - Requested Information Not Provided
124514	22/01/2024	Andrew Waites	$171.65
		Refund - Building Application - Requested Information Not Provided
124515	22/01/2024	Andrew McDonald	$171.65
		Refund - Building Application - Requested Information Provided
124516	22/01/2024	Rates Refund	$2.38
124517	29/01/2024	Rates Refund	$360.00
124518	29/01/2024	Rates Refund	$135.82
124519	29/01/2024	Rates Refund	$171.65
124520	29/01/2024	Rates Refund	$745.65
124521	29/01/2024	Rates Refund	$758.02
124522	29/01/2024	Michelle Sindholt	$61.65
		Refund - Building Application - Cancelled
124523	29/01/2024	Nas Mher	$129.00
		Refund - Building Application - Paid Amendment Fee In Error
124524	29/01/2024	David Darling	$129.00
		Refund - Building Application - Incorrectly Lodged
124525	29/01/2024	Jutta Wilkinson	$166.65
		Refund - Building Application - Overpaid
124526	29/01/2024	City of Wanneroo	$11.00
		Petty Cash - Clarkson Library
124527	29/01/2024	Hayberry Wellness	$806.00
		Medical Fees For The City
124528	29/01/2024	Melbourne Pathology Pty Ltd	$66.00
		Medical Fees For The City

		Total Cheque Payments	$25,810.10

Electronic Funds Transfer
25121	2/01/2024	Mr B Pathirathna	$837.00
		Reimbursement - CPA Membership Renewal 2024
25122	2/01/2024	Cancelled
25123	2/01/2024	Ms L Thomas	$837.00
		Reimbursement - CPA Membership Renewal 2024
25124	2/01/2024	Ms M Wijesuriya	$837.00
		Reimbursement - CPA Membership Renewal 2024
25125	2/01/2024	Ms S Calver	$131.50
		Reimbursement - Fuel For WR3 - WN 34513
25145	2/01/2024	AARCO Environmental Solutions Pty Ltd	$1,127.50
		Removed Asbestos From Verge - Badgerup Road
25146	2/01/2024	Rates Refund	$829.20
25147	2/01/2024	ABN Residential WA Pty Ltd	$455.77
		Refund - Building Application - Not Approved Within Statutory Timeframe
25148	2/01/2024	Accenture Australia Pty Ltd	$31,900.00
		Managed Cloud Services - ICT
25149	2/01/2024	Access Technologies	$557.70
		Attend & Repair Cable Gate - John Moloney Park
25150	2/01/2024	Acclaimed Catering	$23,108.25
		Catering - Christmas Function
25151	2/01/2024	Acurix Networks Pty Ltd	$10,257.50
		Monitoring, Licensing, Support, Category Based Content Filtering, Premium Portal And Unlimited Downloads For The Month Of December 2023 Wanneroo Library And Cultural Centre
25152	2/01/2024	Adform Engraving & Signs	$55.00
		Name Badges - Quinns Rocks BFB
25153	2/01/2024	Alexander Figg	$100.00
		Candidate Refund - Local Government Elections 2023
25154	2/01/2024	Alinta Gas	$63.25
		Gas Supplies For The City
25155	2/01/2024	Allweather Patios	$147.00
		Refund - Development Application - Withdrawn
25156	2/01/2024	Amisha Patel	$317.00
		Refund - Food Application & Registration - Not Required
25157	2/01/2024	Andre Shannon	$100.00
		Candidate Refund - 2023 Local Government Election
25158	2/01/2024	Angel Harper & Mitchell Tzavaras-Thornton	$100.00
		Candidate Refund - 2023 Local Government Election
25159

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