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CITY OF STIRLING MINUTES ORDINARY MEETING OF COUNCIL 25 OCTOBER 2005
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CITY OF STIRLING meetings... · resource management committee 115 ... 11.3/ps5 amendment 502 to dps 2- lot 22 hn 44 elsegood street - ... inventory - 16 first avenue, mt lawley

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Page 1: CITY OF STIRLING meetings... · resource management committee 115 ... 11.3/ps5 amendment 502 to dps 2- lot 22 hn 44 elsegood street - ... inventory - 16 first avenue, mt lawley

CITY OF STIRLING

MINUTES

ORDINARY MEETING OF COUNCIL

25 OCTOBER 2005

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Page 3: CITY OF STIRLING meetings... · resource management committee 115 ... 11.3/ps5 amendment 502 to dps 2- lot 22 hn 44 elsegood street - ... inventory - 16 first avenue, mt lawley

TABLE OF CONTENTS

ITEM SUBJECT PAGE

PRESENT 8

DECLARATION OF OPENING OF MEETING 8

DISCLOSURE OF INTERESTS 8

1. PUBLIC QUESTION TIME 9

2. APOLOGIES AND LEAVE OF ABSENCE 16

3. CONFIRMATION OF MINUTES 16

4. BUSINESS ARISING FROM THE MINUTES AND NOT APPEARING

SEPARATELY IN THE MINUTES

17

5. APPLICATION FOR LEAVE OF ABSENCE 17

6. MAYORAL BUSINESS 17

7. BUSINESS LEFT OVER FROM THE PREVIOUS MEETING 17

8. QUESTIONS WITH NOTICE WITHOUT DISCUSSION 18

9. PETITIONS 18

9.1 PETITION - OBJECTION TO FOOTPATH CONSTRUCTION TELIMA

MALL AND HONEYMYRTLE TURN, STIRLING

18

9.2 PETITION - UNDERGROUND POWER 18

10. LATE AND URGENT BUSINESS 18

11. REPORTS OF COMMITTEE 19

INFRASTRUCTURE AND COMMUNITY DEVELOPMENT COMMITTEE 19

11.1/TE3 TENDER FOR THE SUPPLY AND INSTALLATION OF SUBMERSIBLE

PUMPS WITHIN THE CITY OF STIRLING

19

SUPPLEMENTARY REPORT - TENDER FOR THE SUPPLY AND INSTALLATION OF

SUBMERSIBLE PUMPS WITH THE CITY OF STIRLING

22

11.1/TE4 TENDER FOR THE REDEVELOPMENT OF THE BALCATTA

TRANSFER STATION

25

11.1/EO1 JONES STREET (AMELIA STREET TO DELAWNEY STREET),

BALCATTA - ROAD SAFETY IMPROVEMENT PROJECT

30

11.1/ED3 STATE UNDERGROUND POWER PROGRAM ROUND FOUR: MAJOR

RESIDENTIAL PROJECTS EXPRESSIONS OF INTEREST

32

11.1/ED4 CONSTRUCTION OF CUL-DE-SAC TURNING FACILITIES - ELSIE

STREET AND ELVIRE STREET, NORTH BEACH

40

11.1/CFR1 COUNCILLOR RE: JACKADDER LAKE FOOTPATH 45

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ITEM SUBJECT PAGE

11.1/TE1 TENDER FOR THE SUPPLY, INSTALLATION AND MAINTENANCE

OF RAINMAN CONTROLLERS OR APPROVED EQUIVALENT,

SOFTWARE AND COMMUNICATION SUPPORT

46

11.1/TE2 TENDER FOR THE SUPPLY AND INSTALLATION OF STAINLESS

STEEL "HANDRAIL/GUARDRAIL" FENCING FOR COASTAL

SHARED PATH, (STAGE 6C)

50

11.1/ED1 ROAD SAFETY ADVISORY COMMITTEE - MINUTES OF ORDINARY

MEETING OF SEPTEMBER 2005

53

11.1/ED2 CHURCHLANDS / WEMBLEY DOWNS UNDERGROUND POWER

PROGRAM STATUS REPORT

55

11.1/ED5 INTERSECTION OF THYME COURT WITH BOYARE AVENUE,

MIRRABOOKA - TRAFFIC TRIAL

65

11.1/ED6 NORTH BEACH JETTY HEADLAND - REMEDIATION WORKS 68

11.1/ED7 PARTIAL REMOVAL OF MEDIAN IN SWAN STREET (WEST) -

INTERSECTION OF SWAN STREET AND FLINDERS STREET,

YOKINE

71

11.1/PR1 BUSHLAND FIRE HAZARD REDUCTION - DIANELLA REGIONAL

OPEN SPACE

75

11.1/CS1 INSTALLATION OF CLOSED CIRCUIT TELEVISION CAMERAS AND

OTHER PROTECTIVE SECURITY MEASURES THROUGHOUT THE

CITY OF STIRLING

81

11.1/CS2 MEALS ON WHEELS REPORT 85

11.1/CS3 CHILDREN'S AND YOUTH PLAN REPORT 87

11.1/CS4 WEST AUSTRALIAN SYMPHONY ORCHESTRA - PROPOSED

EVENT, LAKE KARRINYUP COUNTRY CLUB

91

11.1/CS5 BALGA AQUATIC CENTRE REDEVELOPMENT - BUDGET AND

DESIGN STATUS REPORT

94

11.1/CS6 APPLICATIONS FOR FUNDING - COMMUNITY SPORTING AND

RECREATION FACILITIES FUND (CSRFF) 2006 -07

102

11.1/CFR2 COUNCILLOR RE: PROGRESS OF STEVENSON AVENUE 113

11.1/CFR3 COUNCILLOR RE: ESTABLISHMENT OF WETLAND - EAST SIDE OF

ELLEN STIRLING BOULEVARD

113

11.1/CFR4 COUNCILLOR RE: ESTABLISHMENT OF PEDESTRIAN AND CYCLE

FLOWS - TOWN PLANNING SCHEME NO 38 PRECINCTS

114

11.1/CFR5 COUNCILOR THOMAS: GAZEBO UPGRADE - SCARBOROUGH

BEACH FRONT

114

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ITEM SUBJECT PAGE

RESOURCE MANAGEMENT COMMITTEE 115

11.2/HR1 STAFF ESTABLISHMENT REPORT FOR THE PERIOD ENDING 30

SEPTEMBER 2005

115

11.2/F1 AUTHORISATION OF EXPENDITURE FOR PERIOD 3 ENDING 30

SEPTEMBER 2005

117

11.2/F2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH

ENDING 31 AUGUST 2005

123

11.2/A1 INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

BUSINESS UNIT UPDATE - SEPTEMBER 2005

126

11.2/A2 DEDICATION OF RIGHT OF WAY (ROW 28030) BETWEEN FIRST

AVENUE AND SECOND AVENUE, MOUNT LAWLEY

130

11.2/A3 STRATEGIC PLAN - 2004-2008 - PROPOSED REVIEW SESSION 132

11.2/A4 TOWN PLANNING SCHEME NO 38 - LEGAL ACTION TO RECOVER

OVERDUE SCHEME COSTS

135

11.2/A5 CITY OF STIRLING/TOWN OF VINCENT BOUNDARY 138

11.2/A6 PROPOSED LEASE OF THE SECOND FLOOR OF THE

ADMINISTRATION BUILDING TO THYSSEN KRUPP ENGINEERING

AUSTRALIA

143

11.2/CFR1 COUNCILLOR THOMAS: SEAS FUNDING 144

PLANNING AND DEVELOPMENT COMMITTEE 145

11.3/A3 REVIEW OF NAMING OF PARKS, RESERVES AND BUILDINGS

POLICY

145

11.3/AP6 UNAUTHORISED USE OF PREMISES FOR THE HIRE AND SALE OF

PERIOD GARMENTS - LOTS 306 & 307, HN 768-770 BEAUFORT

STREET, MT LAWLEY

151

SUPPLEMENTARY REPORT - UNAUTHORISED USE OF PREMISES FOR PERIOD

HIRE AND SALE OF PERIOD GARMENTS - 768-770 BEAUFORT STREET, MT

LAWLEY

158

11.3/PS5 AMENDMENT 502 TO DPS 2- LOT 22 HN 44 ELSEGOOD STREET -

'GENERAL INDUSTRIAL' TO 'MEDIUM DENSITY RESIDENTIAL R40' -

OUTCOMES OF ADVERTISING

160

11.3/PS6 AMENDMENT 5 TO TOWN PLANNING SCHEME NO 38 164

11.3/PS8 MIXED USE OFFICE & RESIDENTIAL DEVELOPMENT - LOTS 7-10

EWEN STREET, INNALOO - PRECINCT 6 OF TPS 38

166

11.3/PS9 MANGO JOE'S/JAVA JIVE - DRIVE-THROUGH KIOSK - LOT 204, HN

46 OSWALD STREET, INNALOO

171

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ITEM SUBJECT PAGE

11.3/PS8 MIXED USE OFFICE AND RESIDENTIAL DEVELOPMENT 174

11.3/PS10 LOCAL AREA PLANNING 175

11.3/PS11 RESIDENTIAL DENSITY REVIEW - OUTCOMES OF WORKSHOP 182

11.3/PS12 REVISED OUTLINE DEVELOPMENT PLAN - PRECINCT 6 OF TPS 38

- EWEN ST, BOWRA ST, SCARBOROUGH BEACH ROAD,

WOODLANDS / INNALOO

189

SUPPLEMENTARY REPORT - REVISED OUTLINE DEVELOPMENT PLAN -

PRECINCT 6 OF TPS 38 - EWEN STREET, BOWRA STREET, SCARBOROUGH

BEACH ROAD, WOODLANDS/INNALOO

198

11.3/A1 HERITAGE ADVISORY COMMITTEE - MINUTES - REPORT TO

COUNCIL - SEPTEMBER 2005

205

11.3/A2 DISABILITY SERVICES ADVISORY COMMITTEE MINUTES 17

AUGUST 2005

207

11.3/HC1 STARHAVEN CARAVAN PARK, LOTS 7, 8 & 9, HN 20 PEARL

PARADE, SCARBOROUGH - LICENCE RENEWAL

208

11.3/AP1 MANAGER'S REPORT FOR THE MONTH OF SEPTEMBER 2005 209

11.3/AP2 PROPOSED OFFICE WAREHOUSE - LOT 109 HN 19 MUMFORD

PLACE, BALCATTA

210

11.3/AP3 SIGNAGE STRATEGY - H.N.51 CEDRIC STREET, STIRLING 215

11.3/AP4 TEMPORARY FENCING - SUBDIVISONS 220

11.3/AP5 PROPOSED BED AND BREAKFAST ACCOMMODATION - LOT 201,

HN 19 RINALDI CRESCENT, KARRINYUP

224

11.3/AP7 ADDITIONS TO A DWELLING LISTED IN THE MUNICIPAL

INVENTORY - 16 FIRST AVENUE, MT LAWLEY

229

11.3/PS1 AMENDMENT 490 TO DPS 2 - LOT 89, HN 99 WANNEROO ROAD,

TUART HILL - ADDITIONAL USE 'HOLIDAY UNITS' - OUTCOMES OF

ADVERTISING

233

11.3/PS2 AMENDMENT 491 TO DPS 2 - LOT 38, HN 3 VICTORIA ROAD,

WESTMINSTER - 'SPECIAL USE - CLUB PREMISES' TO 'MEDIUM

DENSITY RESIDENTIAL R50' - OUTCOMES OF ADVERTISING

237

11.3/PS3 AMENDMENT 492 TO DPS 2 - INDUSTRIAL AREAS AMENDMENT 241

11.3/PS4 AMENDMENT 497 TO DPS 2 - LOT 11, HN 73 WANNEROO ROAD,

TUART HILL - AUSTRALIA POST RESERVE TO 'BUSINESS'

248

11.3/PS7 HERITAGE PROTECTION AREA GUIDELINES REVIEW -

CONFIRMATION OF BRIEF FOR SECOND STAGE

252

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ITEM SUBJECT PAGE

HOUSE COMMITTEE 258

11.3/HS1 ENDORSEMENT OF HOUSE COMMITTEE RECOMMENDATIONS - 4

OCTOBER 2005

258

12. ADMINISTRATION REPORTS 260

12.1 ANNUAL ELECTORS' GENERAL MEETING 2004/2005 260

12.2 PROPOSED LEASE OF 2ND FLOOR OF THE ADMINISTRATION

BUILDING TO THYSSENKRUPP ENGINEERING AUSTRALIA PTY

LTD

273

12.3 CHANGE OF USE - 'SHOP' TO 'TAKE-AWAY/FAST FOODS' LOT 432,

HN 3/37 HONEYWELL BOULEVARD, MIRRABOOKA

343

13. MOTIONS, OF WHICH NOTICE WAS GIVEN BEFORE THE MEETING 344

14. MOTIONS, OF WHICH NOTICE WAS GIVEN DURING THE MEETING,

TO BE CONSIDERED AT A LATER MEETING

344

CLOSURE 345

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8

MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD 7.08PM, 25 OCTOBER 2005 IN THE CITY OF STIRLING COUNCIL CHAMBERS, 25 CEDRIC STREET, STRILING

PRESENT

Mayor Councillor T J Tyzack JP Deputy Councillor J Copley JP Councillors Councillor D Boothman Councillor T W Clarey Councillor R J Daniel Councillor B R Ham Councillor J S McFarlane Councillor D R Michael Councillor E Re Councillor P L Rose JP Councillor R Sebrechts Councillor W M Stewart Councillor K L Thomas Councillor R M Willox AM JP Staff Chief Executive Officer - L Delahaunty Deputy Chief Executive Officer - R A Constantine Director Corporate Resource Management - E Herne Director Planning Development - R Povey Director Community Development - T Holland Director Infrastructure Management - G Eves Manager Policy and Strategic Development - P Rooksby Manager Council Support - D Simmons Council Support Co-ordinator - E Thomas Public 29 Press 1

DECLARATION OF OPENING OF MEETING

The Mayor declared the Ordinary Meeting of Council open at 7.08pm.

DISCLOSURE OF INTERESTS

Councillor McFarlane disclosed financial interest in Item 11.1/ED3 as she resides within the vicinity of an area under consideration. Councillor Stewart disclosed a proximity interest in Item 11.1/ED4 as he has property within the street where the proposed work is to take place. Councillor Stewart disclosed an interest affecting impartiality in Item 11.1/ED6 as his wife is the secretary of a local community association who have made a submission on this item.

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9

MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

Councillor McFarlane disclosed an interest affecting impartiality in Item 11.1/CS6 as she is patron of Scarborough Surf Life Saving Club, Osborne Park Bowling Club and vice patron of Trigg Island Surf Life Saving Club Councillor Michael disclosed an interest affecting impartiality in Item 11.1/CS6 as he works in the office of the Member for Yokine who is also the Minister for Sport and Recreation. He is also a patron of the Osborne Park-Bowling Club.

1. PUBLIC QUESTION TIME

1.1 The following questions were submitted in writing by Mr M Radalj, 28 Eversley Street, Balcatta 6021 for the Council meeting held on 27 September 2005.

"On 23 August 2005 I put forward the following questions to Council in respect of an approval it granted in respect to my adjoining owners for the erection of a 1.95 m privacy structure on 17 August 2004. These were the questions that were put at that time: a) Could Council confirm as to whether or not the required property check survey

was performed? b) Could Council please confirm if the approved height of 1.95m was in reference to

natural or artificial ground level?

c) Could Council advise the legal basis upon which the City's building department determined that the existing asbestos dividing fence was only 1.85m high.

In response the Chief Executive Officer stated the matters raised in questions 1 to 3 required a site inspection and further investigations of site levels. The matters raised will be responded to in writing subsequence to the site inspection as Mr Radalj is involved in litigation against the City. Any advice given with respect to this matter will be given within the context of the City's legal defence of the claim. Firstly being that the approved structure is not the subject of legal proceedings are commenced against the City of Stirling they should be answered independently at those proceedings. Secondly the City now claims they are unable to provide answers to my questions unless a site inspection is undertaken on my property even though the approved structure is on the adjoining owner's property.

Q1. Mr Mayor on 17 August 2004 you moved a motion that the Council approve the

proposed structure to a maximum height of 1.95m. Since the Building Department doesn't seem to know what Council approved on 17 August 2004 or how it determined the basis of its recommendations to Council can you please advise me exactly what you moved on that night?"

A1. The Deputy Chief Executive Officer stated that may be something that we need to

take on notice in view of the detailed question.

The Director Planning and Development advised that City has been trying to negotiate with Mr Radalj to undertake a site inspection as indicated in the response to the questions received at the last Council meeting and has so far been unable to negotiate suitable arrangements for that site inspection to enable the City to provide a response to Mr Radalj.

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10

MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

Council's minute records indicate the following motion was carried at the Council Meeting held 17 August 2004:

"1. That the application to construct a 1.950m high x 31.36m long metal framed and partially metal cladded privacy screen structure adjacent to the western property boundary at Lot 275 HN 30 Eversley Street, Balcatta be APPROVED as the proposal is not considered detrimental to the amenity of the neighbouring properties.

2. That the application to construct the subject structure be contained wholly

within the subject property is APPROVED subject to the location of the subject structure being confirmed by the preparation of a property check survey undertaken by a Licenced Land Surveyor."

1.2 The following questions were submitted by Mr R Hadley, 8 Hakea Road, Woodlands

6018 at the Council Meeting held 25 October 2005. Q1 Two roads exist in Lot 13 (Precinct 6) for the movement of traffic. In all three proposal

plans, the road leading from Scarborough Beach Road to Ewen Street is closed. For whose benefit is this?

Q2. How does the Council expect to handle the ever increasing volume of traffic, if only one

road is operating? A1 -2 The Director Planning and Development advised that in relation to the realignment of

Ewen Street, the Outline Development Plan submitted does show a reconfiguration of Ewen Street, essentially running to the rear of the existing lots. That provides connection to a four-way intersection with Odin Road and provides an improvement in terms of traffic movement for that particular locality. In terms of the modelling, the configuration of that road layout will be able to cater for the traffic movement in the area into the future. Ultimately the benefit of this revised configuration would be for the overall community and local road users.

Q3. Can Item PS12 be brought forward for early discussion, as I believe other ratepayers

have questions regarding this development?

Moved Councillor Re, seconded Councillor Stewart That Item 11.3/PS12 "Revised Outline Development Plan - Precinct 6 of TPS 38 - Ewen Street, Bowra Avenue, Scarborough Beach Road, Woodlands/Innaloo" and Item 11.3/PS8 "Mixed Use Office and Residential Development - Lots 7-10 Ewen Street, Innaloo - Precinct 6 of TPS 38" be BROUGHT FORWARD for consideration immediately following Public Question Time. The motion was put and declared LOST.

1.3 The following questions were submitted by Ms L Getty, 14 Milgate Road, Balga

6061 at the Council Meeting held 25 October 2005. Q1. On behalf of the residents from Balga and surrounding suburbs, I would like to

congratulate and thank Council for the support and endorsement given to the decision to refurbish the Balga Aquatic Centre to a high standard of upgrade, and in keeping with community expectation and requirement.

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11

MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

When can we expect work to begin on the new Balga Aquatic Centre and approximately

how long it is expected to take to complete? A1. The Director Community Development advised that following endorsement by Council,

there is still a process to go through and he expects the project to commence in 2006. The Director Planning and Development advised that the City will be tendering the project

in February/March 2006 and construction will follow on shortly after, providing successful tender results.

The Mayor advised that the Committee recommendation was for demolition to proceed in

advance of the contract in order to get a clean start once the tenders are let and it is expected that this would save time in terms of the overall project.

1.4 The following questions were submitted by Ms E McNeil, 72 Eldorado Street, Tuart

Hill 6060 at the Council Meeting held 25 October 2005. Q1. Has the City entered in WALGA's Best Practice Awards? A1. The Chief Executive Officer advised that the City does intend to enter WALGA's Best

Practice Awards and that the City was fortunate to win two awards in last year's Awards. Q2. When are the Best Practice Awards to be held? A2. The Awards are generally held in August of each year however they have been delayed

this year. Q3. Has the City entered into any of the categories? If so, what categories? A3. The Chief Executive Officer advised that the categories being entered this year are not

yet finalised. 1.5 The following questions were submitted by Mr J Bartlett, 240 Flamborough Street,

Doubleview 6018 at the Council Meeting held 25 October 2005. Q1. Are the results for the survey for the parking in Flamborough Street finalised? If not,

when will this occur? A1. The Director Infrastructure Management advised that the results have not yet been

finalised and the City is still working on the scope of the project. He further advised that once the results are finalised, a report will be presented to Council outlining the results, however the Director Infrastructure Management indicated that he would provide details of the City's program in relation to this project to Mr Barlett in writing.

1.6 The following questions were submitted by Mr D Allen, 14 Hakea Road, Woodlands

6018 at the Council Meeting held 25 October 2005.

With regard to the Development plan for Ewen Street/Scarborough Beach Road, Woodlands:-

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12

MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

Q1. Is the proposed height of the development of up to 9.5 metres down to Ewen Street and 10.5 metres down to Odin Road within the guidelines of Town Planning Scheme (TPS) 38?

A1. The Director Planning and Development advised that the general height proposed within

the Outline Development Plan is within the guidelines of Town Planning Scheme 38. Q2. Are the proposed setbacks of 1 metre from the showroom to the proposed new Ewen

Street and 4 metres from the proposed new Ewen Street to the residential boundaries within the guidelines of TPS 38 and do the setbacks allow for required pedestrian/cycle facilities and the required landscaping to buffer residents from the development?

A2. The Director Planning and Development advised that Town Planning Scheme 38 did not

specifically contemplate a realignment to Ewen Street so in relation to the setbacks provided in that instance, there are not specific scheme provisions that will apply. However, there is landscaping that has been incorporated and a wall to buffer the residents adjoining this particular development and the road.

The Director Planning and Development further advised that in relation in to pedestrian

and cycle movements, there is a path proposed around that road to link through onto Scarborough Beach Road.

Q3. How does the Council propose to stop crime/graffiti and unwanted behaviour from

occurring on the "relatively unsurveilled back road" of the proposed new Ewen Street? A3. The Mayor responded that whilst the City cannot provide a definitive answer, it provides

surveillance cameras, rangers and security officers in order to respond where possible to any reports of crime, graffiti and other antisocial behaviour.

1.7 The following questions were submitted by Mr G Colbourne, 267 Ewen Street,

Woodlands 6018 at the Council Meeting held 25 October 2005. In relation to the Revised Outline Development Plan - Precinct 6 of TPS 38 - Ewen Street, Bowra Avenue, Scarborough Beach Road, Woodlands/Innaloo:- Q1. Will the Council guarantee that the road East of Lot 38 never be opened to allow cinema

traffic? A1. The Director Planning and Development advised that whiles it is not possible to provide

guarantees in respect to future planning, there is no proposal for the road to be used for cinema related traffic.

Q2. If not, will there will traffic assessments done of the detrimental effects to Ewen Street or

have they already been done as that road is in place and you only have to knock down one building to join up the traffic?

A2. The Mayor advised that there have been several moves at the administrative level to put

a link through to the cinema site and they have generally been strongly rejected by the Council today.

Q3. In association with this, wouldn't the results of the road traffic planning be completely null

and void if that road is opened up?

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13

MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

A3. The Director Infrastructure Management advised that normally with applications of that requirement, the City would require a detailed traffic analysis of the area and that would be one of the considerations that Council would make in determining whether that access road would be appropriate or not.

Q4. What safety precautions will be introduced to safeguard residents of Lot 5, 269 and Lot 6,

267 Ewen Street, entering and reversing from their residences as they reverse onto a corner according to the new Town Planning Scheme?

A4. The Director Infrastructure Management advised that in a configuration such as this, there

is usually it has a planted paved, or line marked median strip and there is usually provisions for a person to at least exit out on the same side that they are currently on or, if they are parked on a bend, to reverse onto the other side of the road.

Q5. As a wall is proposed to protect residents from Lot 38 to 66, has any provisions been

made to build a similar wall to protect 269 upwards to Bowra Avenue in the form of a cul-de-sac to protect residents from increased noise pollution, people pollution and visual pollution due to proposed development?

A5. The Director Planning and Development advised that no consideration has been given to

that sort of proposal. The Mayor advised that it is not part of the Outline Development Plan (ODP) before the Council at the moment and that it would be appropriate for residents to make submissions along those lines should the ODP be submitted for advertising.

1.8 The following questions were submitted by Ms E Whiting, 263 Ewen Street,

Woodlands 6018 at the Council Meeting held 25 October 2005. Being co-owner and resident of one of the properties most directly affected by the proposed new development on Ewen Street east, I have many issues and concerns: Q1. With specific regard to proposed new roundabout (Ewen and Bowra), which appears to

severely inhibit vehicular access to my right-of-way (driveway), what commitment can Council give me that my current level of safe and uncompromised access to my property for myself and my family will be maintained, unrestricted?

A1. The Director Infrastructure Management advised that various designs have been looked

at for that particular intersection and comments are being received from the Main Roads Department who have suggested that the roundabout is the best option for traffic and safety and access at that particular location. However, until the detailed design is completed of the roundabout, we don't know what the direct impacts are. At this stage it is a concept and in most cases, the Director Infrastructure Management believed that the roundabout would afford a greater level of access and egress to the properties, but until the detailed designs are complete the City does not know the exact proposed location of the splitter islands or how they will affect the properties. There is scope where the City could possibly reduce the number of islands or modify them to allow access at that point.

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MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

1.9 The following questions were submitted by Ms M Matthews, 2 Birchwood Avenue/Ewen Street, Woodlands 6018 at the Council Meeting held 25 October 2005.

I reside on the corner of Ewen and Birchwood and would like to know the following:- Q1. What are the proposed plans for Birchwood and Ewen Street? Do you plan to cul-de-sac

it? A1. The Director Infrastructure Management advised that it is not proposed to cul-de-sac

Birchwood Avenue. Q2. Will any of my land be taken for the proposed roundabout and, if so, when were you going

to advise us accordingly? A2. The Director Infrastructure Management advised that the roundabout can fit in with the

existing road geometry. It will be the verge area that will be impacted, but certainly not private properties. The normal procedure for advising owners in situations such as this is via a letter drop once the detailed design is complete and direct impacts are known.

Q3. Once this design is proposed, is it locked in or do the owners have a say? A3. The Mayor advised that the Outline Development Plan (ODP) is a proposal that is being

put out for public comment and some of the questions that have been raised this evening would be appropriate comments to make during that advertising period. Whilst the roundabout is proposed on the ODP as recommended by the Department for Planning and Infrastructure, it is not necessarily going to be the adopted plan by the City at the end of the advertising period.

Q4. Would every resident be advised by mail of the adopted plan within TPS 38? A4. The Director Planning and Development advised that firstly the recommendations would

come back to Council for consideration so there would be public advice of the recommendation and decision of Council and then the City would notify submitters who have made submissions, on the outcome of Council's decision.

1.10 The following questions were submitted by Mr A Carver, 225B Swan Street, Yokine

6060 at the Council Meeting held 25 October 2005. My questions relate to Agenda Item 11.1/ED7:- Q1. Are the Councillors aware that all the congestion in the shopping centre carpark occurs at

the Flinders Street access - not the Swan Street ingress? Q2. Are the Councillors aware that the proposed removal of the traffic island in Swan Street

will not alleviate the congestion referred to in Question 1? Q3. Are the Councillors aware that of the 98 hours in the week that the shops are open (from

7am - 9pm), there would be congestion in only 1 hours per day - usually at evening peak traffic period?

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Q4. Are the Councillors aware that the Flinders Street Island has not affected the traffic flow in Swan Street, west of Flinders Street? I advise Councillors that a traffic island has been placed in Flinders Street in the last few months to alleviate the number of traffic crashes that have been occurring there caused by vehicles turning right?

Q6. Are the Councillors aware of any other situation in the City of Stirling where commercial

interests are given priority over public and road safety? A1 - 6 The Director Infrastructure Management advised that the City is aware of the congestion

at the Flinders Street entrance of the shopping centre and it is also aware that, because of the extended island in Swan Street, anybody that comes into that shopping centre must generally come out of the shopping centre at that point. Therefore, the objective of the trial, or cutback of the island on Swan Street, was to provide an alternative exit from the shopping centre and ease congestion. The City's objective for the whole proposal is to address traffic safety not the concerns of the commercial area although that is a consideration.

Q7. Are you aware that the traffic flow out of the ingress/egress at Swan Street would be left

and right and would cut across vehicles turning left from Flinders Street into Swan Street, some of which go into the carpark, a lot of which go into the hinterland which is the residential area in Yokine?

A7. The Mayor advised that individual Councillors would not be aware of every individual

entry and exit of the carpark and the traffic generated but the Director Infrastructure Management has made it clear that there has been considerable study of that intersection prior to putting the island in and that would include assessment of entry and exits into the shopping centre.

1.11 The following questions were submitted by Ms S Proud, 17 Little Street, Karrinyup

6018 at the Council Meeting held 25 October 2005. Q1. Further to the motion that I moved at the recent Annual Electors Meeting, can I ask that

the appropriate funding be allocated in the 2006/07 budget for a user friendly aquatic facility in the Coastal Ward equal to, or better than, the Balga Aquatic Centre currently being undertaken by the City of Stirling and I ask this due to budgets being discussed in the near future?

A1. The Mayor advised that as the question had already been asked at the Annual Electors'

Meeting it would be more appropriate for the response to be generated through that process.

1.12 The following questions were submitted by Ms L Woolfe, 7/246 Ewen Street,

Woodlands 6018 at the Council Meeting held 25 October 2005. Q1. In relation to the proposed Ewen Street development, I am concerned about power lines.

We have large powerlines outside our property and I believe that the one in the new area are going to be underground. How will that affect the Ewen Street area up to Muriel Avenue? Will these also be put underground?

A1. The Director Infrastructure Management advised that because of clearances, the

developer has indicated that through the site, he would underground the powerlines but out onto Ewen Street, the existing lines would remain exactly the same.

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Q2. Word is that Harvey Norman's may be one company to occupy the proposed showrooms on the site in question. He currently has his store open 7 days a week. This will adversely affect the area in close proximity and cause extra traffic. Would seven day a week trading be allowed on the site?

A2. The Director Planning and Development advised that it would depend on the nature of the

business and the regulations that govern them, that may allow a seven day a week trading for this or other showrooms in the City.

Q3. What is a proposal that the residents could do to have the whole area rezoned as

residential? A3. The Mayor suggested that Ms Woolfe make a submission in relation to the scheme during

the formal advertising period. It will then become a part of the consideration for the Outline Development Plan.

The Manager Policy and Strategic Development advised that the application subject to

Town Planning Scheme 38 does not have a specific provision for public advertising of outline development plans however the City would normally, as a matter of process, follow its public consultation on planning proposals procedure which was adopted by Council last November. This provides for a 21 day public advertising period with direct written notification to nearby neighbours and an advertising sign or signs as well as notices in the local newspapers.

2. APOLOGIES AND LEAVE OF ABSENCE

Nil.

3. CONFIRMATION OF MINUTES

Moved Councillor Willox, seconded Councillor Rose That the Minutes of the Ordinary Meeting of Council of 27 September 2005 be confirmed, and signed by the Mayor as a true and correct record of proceedings with the following amendments:- Item 9.2, the subject heading to read as follows:- “9.2 OBJECTION TO THE CITY OF STIRLING DISTRICT PLANNING SCHEME NO 2 -

AMENDMENT NO 502 / LOT 22 HN 44 ELSEGOOD STREET, DIANELLA” Item 11.1/ED10 resolution to read as follows:-

"1. That the Draft Trigg Beach Master Plan as presented to the Council meeting of 3 May 2005 be ENDORSED as a working document to guide the detailed design and future development within the study area inclusive of the responses proposed within the Report by the Director Infrastructure Management in relation to community concerns.

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2. That a consultant from the City’s panel of Term Consultants for the Provision of Supplementary Engineering Design Services be APPOINTED to undertake the detailed design of Stages 1 and 2 of the Trigg Beach Master Plan.

Councillor Stewart dissented

3. That design development of the additional parking to the east of Clarko Reserve and the relocation of West Coast Drive onto the former alignment of the road known locally as the slip road PROCEED and that further community consultation be undertaken and reported to Council prior to any construction work being undertaken.

Councillor Stewart dissented.

4. That a Conservation Plan be DEVELOPED to guide the conservation and future use of the heritage listed property at 352 West Coast Drive (Lot 3) (known as Beach House) to be submitted to the Heritage Council of Western Australia for endorsement."

Item 11.2/A9 reference to Mr John Dentonm to be replaced with Mr John Denton. Item 11.3/PS16 resolution to read as follows:- "That the 'Landscaping' Policy (N101414) submitted to Council for approval to advertise in June 2005 be MODIFIED in accordance with the Director Planning and Development’s supplementary report and as amended at the meeting and be ADOPTED, and that those who made submissions be advised, accordingly." The motion was put and declared CARRIED.

4. BUSINESS ARISING FROM THE MINUTES AND NOT APPEARING SEPARATELY IN THE MINUTES

Nil.

5. APPLICATION FOR LEAVE OF ABSENCE

Nil.

6. MAYORAL BUSINESS

Nil.

7. BUSINESS LEFT OVER FROM THE PREVIOUS MEETING

Nil.

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8. QUESTIONS WITH NOTICE WITHOUT DISCUSSION

Nil.

9. PETITIONS

9.1 PETITION - OBJECTION TO FOOTPATH CONSTRUCTION TELIMA MALL AND HONEYMYRTLE TURN, STIRLING

A petition has been received containing 12 signatures objecting to the construction of a footpath along Telima Mall and Honeymyrtle Turn, Stirling.

9.2 PETITION - UNDERGROUND POWER

Councillors Thomas and Stewart submitted a petition containing approximately 1600 signatures requesting the initiation of a programme of undergrounding of power within sections of the coastal communities of North Beach, Karrinyup, Scarborough, Trigg and Watermans Bay.

10. LATE AND URGENT BUSINESS

Nil.

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11. REPORTS OF COMMITTEE

INFRASTRUCTURE AND COMMUNITY DEVELOPMENT COMMITTEE

11.1/TE3 TENDER FOR THE SUPPLY AND INSTALLATION OF SUBMERSIBLE PUMPS WITHIN THE CITY OF STIRLING

Report Information

Location: City Wide

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Parks and Reserves

Ward: City Wide

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

That the Tender from Western Irrigation Pty Ltd for the Supply and Installation of Submersible Pumps within the City of Stirling be ACCEPTED.

a) At the tendered rates as detailed in Appendix A; and

b) For a period of two (2) years commencing from date of signing the agreement with an option to renew, subject to acceptable performance, for a further one (1) year period.

The motion was put and declared CARRIED.

Committee Recommendation

That the item relating to the tender for the supply and installation of submersible pumps within the City of Stirling be HELD OVER to the Council meeting of 26 October 2005 to enable a further report to be issued with a comparable costing between tenders, tender evaluation methodology and detail concerning the utilisation of replaced pumps.

Officer's Recommendation

That the tender from Western Irrigation Pty Ltd for the supply and installation of Submersible Pumps within the City Of Stirling be ACCEPTED:

a) at the tendered rates as detailed in Appendix A; and

b) for a period of two (2) years commencing from date of signing the agreement with an option to renew, subject to acceptable performance, for a further one (1) year period.

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Report Purpose

To report on the results from public invitation to tender and the evaluation of tenders submitted for the supply and installation of Submersible Pumps for a period of 2 years with an option to renew, subject to acceptable performance, for a further 1 year period, in accordance with the Local Government (Functions and General) Regulations Part 4 (18).

Relevant Documents

Attachments: Appendix A - Schedule of Tenders Received. Appendix B - Evaluation Matrix.

Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Tenders were invited on 20 August 2005 for the supply and installation of Submersible Pumps Tender Schedule No 2.7.1.13.2005/06, for a period of two (2) years within the City of Stirling with an option to renew, subject to acceptable performance for a further one (1) year period.

Details

Tenders were advertised inviting offers from the public on:

Saturday 20 August 2005

Tenders closed: Thursday 08 September 2005

Employees present were: N. Hambleton & R. Doyle

Number of tenders received: Two (2)

Contract

Commencement: 01 December 2005

Completion: 30 November 2007 (with an option to renew for a further one (1) year.

Estimated Value of Contract: $60,000

Price: Fixed/Variable Schedule of Rates

Tender Evaluation Panel

The tender evaluation panel comprised of:

Senior Irrigation Officer – Don Low;

Technical Officer – John McMullin; and

City Building Coordinator – Bill Doddemead.

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Evaluation of Tenders

The objective of the evaluation panel is to establish the conformity to the Conditions for Tendering of the two (2) tenders listed in Appendix A and to select a suitably qualified and experienced contractor for the supply and installation of Submersible Pumps within the City of Stirling.

Two (2) tenders were assessed as being conforming. Tenders received were assessed for awarding a contract for a period of two (2) years, in accordance with Council’s Best Value for Money Policy and complying with the Australian Competition Policies.

As part of the evaluation process a cost comparison was undertaken on the prices submitted in the schedule of rates by the tenders, for the supply and installation of a typical City Submersible Pump most commonly used. The results are listed below.

Supply and install one Grounfos SP30-10 with 15 metres X 80 mm of galvanised column, with 100 mm headworks.

Western Irrigation Pty Ltd $7834.45 Hydro Engineering Pty Ltd $7835.22

In order to obtain the broadest possible comparison base, each of the tenders was evaluated against the tender selection criteria and was inturn graded in the evaluation matrix (see Appendix B).

As a result, the tender submitted by Western Irrigation Pty Ltd scored the highest rating with 370 points followed by Hydro Engineering Pty Ltd at 345 points.

Western Irrigation Pty Ltd, the recommended tenderer, is generally known to the evaluation panel as having the capacity to provide the level of service described in the specification. A check with referees of the recommended tenderer has indicated suitability as a supplier to the City of Stirling.

Comment

Upon considering the results generated by the application of the selection criteria matrix, the submission by Western Irrigation was preferred, providing the City of Stirling with the best price for services to be rendered.

The Evaluation Panel recommends that the contract for the Supply and Installation of Submersible Pumps within the City of Stirling be awarded to Western Irrigation Pty Ltd by the Council at rates listed in Appendix A.

Consultation/Communication Implications

Not Applicable.

Policy and Legislative Implications

In accordance with the Local Government (functions and general) Regulations Part 4 (18).

Financial Implications

The expenditure for the tender will be debited to the appropriate cost centre at the time an order is placed. Allocations have been named on this years works program.

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Strategic Implications

This tender is to supply pumps for both major bore upgrade maintenance works and for new pumps associated with new development.

SUPPLEMENTARY REPORT - TENDER FOR THE SUPPLY AND INSTALLATION OF SUBMERSIBLE PUMPS WITH THE CITY OF STIRLING

Report Information

Location: City Wide

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Parks and Reserves

Ward: City Wide

Recommendation

That the Tender from Western Irrigation Pty Ltd for the Supply and Installation of Submersible Pumps within the City of Stirling be ACCEPTED.

a) At the tendered rates as detailed in Appendix A; and

b) For a period of two (2) years commencing from date of signing the agreement with an option to renew, subject to acceptable performance, for a further one (1) year period.

Report Purpose

To provide further information including a comparable costing between tenders, tender evaluation methodology and detail concerning the utilisation of replaced pumps for the tenders received for the Supply and Installation of Submersible Pumps for a two (2) year period.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

At the Infrastructure and Community Development Committee meeting of 11 October 2005 it was resolved:

“That the item relating to the tender for the supply and installation of submersible pumps within the City of Stirling be HELD OVER to the Council meeting of 26 October 2005 to enable a further report to be issued with a comparable costing between tenders, tender evaluation methodology and detail concerning the utilsation of replaced pumps.”

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The details in relation of the tenders submitted including the contract period and the evaluation of tenders is provided the attached report.

Comment

Whilst the Committee has identified that all but one tendered item in the schedule submitted by Hydro Engineering is less than the tendered items submitted by Western Irrigation, there is a typographical error in the tendered documents submitted by Hydro Engineering for the supply and installation of a 100mm bore head plate. This was confirmed with Hydro Engineering during the evaluation period and confirmation was later sent in writing. The price for the 100mm bore head plate should read $1,885.80 not $188.58 as listed. In addition, Western Irrigation’s tendered rates for the supply and installation of column and bore head plates, the most commonly used sizes, 80mm and 100mm, are significantly less than Hydro Engineering prices. This needs to be given due consideration as in a pump installation both the column and bore head plate, in addition to a specific pump model are required. Whilst the overall price between the two tenderers, in the example of a typical installation is close, the evaluation panel considered the component parts in the final rating. Supply and installation of Grounfos SP30/10 pump and motor with 15 metres of 80mm column and 100mm headworks.

Item Western Irrigation Hydro Engineering

Pump 5274.00 5123.12

Power cable 157.50 53.25

Probe 71.00 28.00

Drop cable 1.70 1.10

Drawdown tube 1.25 88.00

Column 579.00 655.95

Headworks 1750.00 1885.00

Total 7834.45 7835.22

The tenders were not aware of the cost comparison of a typical pump installation however, the tenders are fully aware that the component prices/rates submitted make up the total cost of a typical pump installation. Tender Evaluation Methodology Western Irrigation have scored a higher rate in two (2) specific criteria and therefore the evaluation has resulted in Western Irrigation obtaining a higher total score. Rates Tendered As noted above whilst the pump costs provided by Hydro Engineering are lower the additional major cost items required for the entire installation are tendered at a lower cost by Western Irrigation. Western Irrigation also includes the provision of a superior quality power cable with a higher water absorption resistance rate, giving better reliability and a longer term service rating.

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In view of the above the evaluation panel awarded Western Irrigation a rate of 4 against that of Hydro Engineering at 3. Conditions of Tender Hydro Engineering were given a lower rate in this criteria as they did not fill out the schedule of rates adequately. In addition, it should be noted that Western Irrigation have held this contract for 6 years and over this period they have provided excellent service, back up and advice. Detail concerning the utilisation of replacement pumps A 25 year rolling replacement programme is in place to ensure that the City’s pump and irrigation systems are maintained and operated efficiently. After a 25 year period continual servicing of an existing pump is not cost effective. When the pumps are replaced, parts are not salvaged or recovered because they are so downgraded, they have become unserviceable. Instead the pump unit, which is listed as an asset by the City, is disposed of usually as scrap metal under a tender process. Grounfos Pumps Pty Ltd warrants all Grounfos pump units to be free of defects under normal use for a period of two (2) years.

Policy and Legislative Implications

In accordance with the Local Government (functions and general) Regulations Part 4 (18).

Financial Implications

The expenditure for the tender will be debited to the appropriate cost centre at the time an order is placed. Allocations have been named on this years work program.

Strategic Implications

This tender is to supply pumps for both major bore upgrade maintenance works and for new pumps associated with new development.

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11.1/TE4 TENDER FOR THE REDEVELOPMENT OF THE BALCATTA TRANSFER STATION

Report Information

Location: Balcatta Transfer Station

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Waste and Fleet Operations

Ward: Osborne

Council Resolution

Moved Councillor Copley, seconded Councillor Rose.

1. That Council ACKNOWLEDGES the variations to the original estimated cost of Stage 1 of the Balcatta Transfer Station from $1,061,500 to a tendered cost of $1,370,591.

2. That Council APPROVES the transfer of $1,370,591 from the surplus waste levy reserve for the purpose of implementing Stage 1 of the Balcatta Transfer Station redevelopment.

3. That the tender from LAKIS CONSTRUCTION PTY LTD for the redevelopment of the Balcatta transfer station be ACCEPTED as the most advantageous.

4. That a separate report detailing final costs for the perimeter fencing and entry statement to complete Stage 1 of the Balcatta Transfer Station redevelopment be SUBMITTED at a later date.

5. That the report be BROUGHT FORWARD with accelerated options for both Stages 2

and 3. 6. That an investigation be CARRIED OUT into the possibility of locating the SES

facilities in this area. The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE.

Committee Recommendation

1. That Council ACKNOWLEDGES the variations to the original estimated cost of Stage 1 of the Balcatta Transfer Station from $1,061,500 to a tendered cost of $1,370,591.

2. That Council APPROVES the transfer of $1,370,591 from the surplus waste levy reserve for the purpose of implementing Stage 1 of the Balcatta Transfer Station redevelopment.

3. That the tender from LAKIS CONSTRUCTION PTY LTD for the redevelopment of the Balcatta transfer station be ACCEPTED as the most advantageous.

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4. That a separate report detailing final costs for the perimeter fencing and entry statement to complete Stage 1 of the Balcatta Transfer Station redevelopment be SUBMITTED at a later date.

5. That the report be BROUGHT FORWARD with accelerated options for both Stages 2 and

3. 6. That an investigation be CARRIED OUT into the possibility of locating the SES facilities in

this area.

Officer's Recommendation

1. That Council ACKNOWLEDGES the variations to the original estimated cost of Stage 1 of the Balcatta Transfer Station from $1,061,500 to a tendered cost of $1,370,591.

2. That Council APPROVES the transfer of $1,370,591 from the surplus waste levy reserve for the purpose of implementing Stage 1 of the Balcatta Transfer Station redevelopment.

3. That the tender from LAKIS CONSTRUCTION PTY LTD for the redevelopment of the Balcatta transfer station be ACCEPTED as the most advantageous.

4. That a separate report detailing final costs for the perimeter fencing and entry statement to complete Stage 1 of the Balcatta Transfer Station redevelopment be SUBMITTED at a later date.

Report Purpose

To report on the results from public invitation to tender and the evaluation of tenders submitted for the redevelopment of the Balcatta Transfer Station, in accordance with the Local Government (Functions and General) Regulations Part 4 (18).

Relevant Documents

Attachments: Appendix A - Schedule of Tenders Received. Appendix B - Evaluation Matrix.

Available for viewing at the meeting: Drawings associated with redevelopment. Report on analysis of Tenders by Sinclair Knight Merz. Tax sheet: Nil.

Background

Council at its 14 December 2004 meeting resolved the following:

“1. That the report prepared by Sinclair Knight Merz (SKM) for preliminary development and design works associated with the redevelopment of the Balcatta Transfer Station for an estimated cost of $2.775 million be RECEIVED.

2. That Council APPROVES the commencement of Stage 1 of the Balcatta Transfer Station redevelopment at an estimated cost of $1,061,500 as detailed in the attached estimate and depicted on the drawings, involving:

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- Installation of 2 new weighbridges with site office and associated facilities (adjacent the current weighbridge);

- Modifications to the existing hazardous waste store, a new storage shed and concrete hardstand for the green waste storage area;

- Fencing of the drainage compensating basin and construction of the access road into the basin;

- Supply and changes to services;

- New access roads where required and resurfacing of existing road pavement;

- Landscaping, reticulation, drainage, fencing, lighting, security, signage and line marking.

3. That Council APPROVES the transfer of $1,061,500 from the Surplus waste levy reserve for the purpose of implementing Stage 1 of the Balcatta Transfer Station redevelopment as detailed in recommendation 2 above.

4. That the balance of the proposed redevelopment works for the Balcatta Transfer Station be DEFERRED subject to future funding availability.

5. That Council ENDORSES the strategy that the ongoing redevelopment of the Balcatta Transfer Station be funded from the surplus “waste levy reserve” and note that in order to build up the reserve it will be necessary to increase the annual waste levy.”

As a result of this resolution, SKM in conjunction with relevant Council Administration Staff prepared specifications for tender. During the detail design a number of features of the Stage 1 redevelopment were identified as requiring a higher standard of specification to meet operational requirements.

Therefore as a consequence, these features were incorporated into the tender specifications.

Tenders were invited on 03 September 2005 for the redevelopment of the Balcatta transfer station Tender Schedule No 2.7.1.09.2005/06.

Details

Tenders were advertised inviting offers from the public on:

Saturday 03 September 2005

Tenders closed: Thursday 29 September 2005

Employees present were: R Doyle & N Hambleton

Number of tenders received: Three (3)

Contract

Commencement: November 2005

Completion: June 2006

Estimated Value of Contract: $1,370,591

Price: Fixed Lump Sum

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Tender Evaluation Panel

The tender evaluation panel comprised of:

Eddy Albrecht (Manager Waste and Fleet);

Ron Spragg (Manager Engineering Operations); and

Willem Du Toit (Senior Civil Engineer - Sinclair Knight Merz).

Evaluation of Tenders

The objective of the evaluation panel is to establish the conformity to the Conditions for Tendering of the three (3) tenders listed in Appendix A and to select a suitably qualified and experienced contractor for the redevelopment of the Balcatta transfer station.

All three (3) tenders were assessed as being conforming. Tenders received were assessed for awarding a contract, in accordance with Council’s Best Value for Money Policy and complying with the Australian Competition Policies.

In order to obtain the broadest possible comparison base, each of the tenders was evaluated against the tender selection criteria and was inturn graded in the evaluation matrix (see Appendix B).

As a result, the tender submitted by LAKIS CONSTRUCTION PTY LTD scored the highest rating with 472.5 points followed by COOPER & OXLEY BUILDERS PTY LTD at 435 points and DALCON

CONSTRUCTION PTY LTD at 357.5 points.

LAKIS CONSTRUCTION PTY LTD, the recommended tenderer, is generally known to the evaluation panel as having the capacity to provide the level of service described in the specification. A check with referees of the recommended tenderer has indicated suitability as a supplier to the City of Stirling. Note: Detailed analysis of Tender is contained in the report prepared by Sinclair Knight Merz.

Comment

Upon considering the results generated by the application of the selection criteria matrix, the submission by LAKIS CONSTRUCTION PTY LTD was preferred, providing the City of Stirling with the best price for services to be rendered.

The Evaluation Panel recommends that the contract for the redevelopment of the Balcatta transfer station be awarded to LAKIS CONSTRUCTION PTY LTD by the Council at rates listed in Appendix A. Therefore with respect to the aforementioned it is recommended that the following be resolved by Council:

1. That Council ACKNOWLEDGES the variations to the original estimated cost of Stage 1 of the Balcatta Transfer Station from $1,061,500 to a contract tender cost of $1,370,591. The variation being as a result of:

a) Cost increases due to time lapse from original estimate of $1,061,500 (December 04).

b) Cost of more comprehensive security system, weighbridge building modification.

c) Inclusion of GST component.

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2. That Council APPROVES the transfer of $1,370,591 from the surplus waste levy reserve for the purpose of implementing Stage 1 of the Balcatta Transfer Station redevelopment.

3. That the tender from LAKIS CONSTRUCTION PTY LTD for the redevelopment of the Balcatta transfer station within the City Of Stirling be ACCEPTED as the most advantageous.

In addition, it is estimated that costs ($70,000) for the upgraded perimeter fencing and entry statement, not part of the tender, will be reported separately once final costs are known.

Consultation/Communication Implications

Business Units and Contractors of the City with an interest have been consulted.

Policy and Legislative Implications

In accordance with the Local Government (Functions and General) Regulations Part 4 (10).

Financial Implications

Cost for the implementation of Stage 1 works were identified to come from the “Waste Levy” reserve.

Strategic Implications

The proposed Stage 1 works are in accordance with the KRA2 – Our Built and Natural Environment Initiative 2.3.7 “Redevelop the Balcatta Waste Transfer Station”.

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11.1/EO1 JONES STREET (AMELIA STREET TO DELAWNEY STREET), BALCATTA - ROAD SAFETY IMPROVEMENT PROJECT

Report Information

Location: Jones Street (Amelia Street to Delawney Street), Balcatta

Applicant: City of Stirling

Reporting Officer: Director Infrastructure Management

Business Unit: Engineering Operations

Ward: Hamersley

Council Resolution

Moved Councillor Copley, seconded Councillor Rose.

1. That resurfacing of Chesterfield Road, (Account C0834, $189,800) Mirrabooka be DEFERRED until the 2006/07 financial year.

2. That funding of $141,991 from Account C0834 Chesterfield Road resurfacing project be REALLOCATED to Account C0727 Jones Street road upgrading project to add to the existing funding allocation funding of $525,200 to bring total funding to $667,191.

3. That the surplus funds of $47,809 from Account C0834 Chesterfield Road be REFERRED to the February 2006 Budget Review.

The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE.

Committee Recommendation

1. That resurfacing of Chesterfield Road, (Account C0834, $189,800) Mirrabooka be DEFERRED until the 2006/07 financial year.

2. That funding of $141,991 from Account C0834 Chesterfield Road resurfacing project be REALLOCATED to Account C0727 Jones Street road upgrading project to add to the existing funding allocation funding of $525,200 to bring total funding to $667,191.

3. That the surplus funds of $47,809 from Account C0834 Chesterfield Road be REFERRED to the February 2006 Budget Review.

Officer's Recommendation

1. That resurfacing of Chesterfield Road, (Account C0834, $189,800) Mirrabooka be DEFERRED until the 2006/07 financial year.

2. That funding of $141,991 from Account C0834 Chesterfield Road resurfacing project be REALLOCATED to Account C0727 Jones Street road upgrading project to add to the existing funding allocation funding of $525,200 to bring total funding to $667,191.

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3. That the surplus funds of $47,809 from Account C0834 Chesterfield Road be REFERRED to the February 2006 Budget Review.

Report Purpose

To consider reallocation of project funding under the 2005/06 Budget to enable completion of the full extent of works proposed for road safety improvements to Jones Street (Amelia Street to Delawney Street), Balcatta.

Relevant Documents

Attachments: Layout Plan Jones Street. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Investigation of road safety issues by the City of Stirling has been conducted on the section of Jones Street (Amelia Street to Delawney Street), Balcatta. This has occurred over a number of years and resulted in development of an agreed road improvement project comprising installation of a central median with landscaping at appropriate positions. Detailed construction drawings for this project were completed and issued to the City's Operations Division for costing. Subsequently, it has been determined that the initial budget estimate of $525,200 ($458,000 for roadwork and $67,200 for stormwater drainage component) is insufficient. This is due to further detailed investigation and assessment of the road pavement revealing that its condition requires two sections (1703 square metres) to be reconstructed in full depth due to pavement damage caused by the root system of the nearby trees. Furthermore due to the location of the school, bus route, shopping centre and the high traffic volume it has been necessary to revise and stage the construction process to minimise the safety risks, job duration and disruption. Costs associated with this are increased traffic management costs and revised pavement layer to allow early traffic use. The total cost of works, including resurfacing and landscaping, has been estimated by Engineering Operations to be $667,191.

Comment

Evaluation for possible staging of this project has been undertaken and it has been determined to be impractical. Staging of construction from one financial year to the next would result in cost inefficiencies due to necessary lengths of pavement tapers to match existing alignments, if staged by length of road. Alternatively, staging by undertaking resurfacing at a later time is also impractical due to the inability of sections of the existing pavement to maintain structural integrity following necessary widening.

Consultation/Communication Implications

The Jones Street project has been extensively consulted with the residents. There may now be an expectation by residents that road safety improvement works will be undertaken on Jones Street as programmed.

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Policy and Legislative Implications

Not Applicable.

Financial Implications

The Road Safety Improvement Project for Jones Street (Amelia Street to Delawney Street), Balcatta is funded in the 2005/06 Budget with a "Construction" amount of $525,200 under Cost centres C0760 and C0727. To complete the full extent of construction works additional funding of $141,991 is required making a total funding requirement of $667,191. Chesterfield Road is proposed to be resurfaced in two parts from Northwood Drive to Yirrigan Drive under the 2005/06 Budget. This resurfacing project has been allocated funding of $189,800 under Account C0834. This project is now on hold pending other works associated with the Mirrabooka Regional Centre and is unlikely to be completed this financial year. It is proposed to defer resurfacing of Chesterfield Road to the 2006/07 Budget, and use this expenditure to fully complete the Jones Street project.

Strategic Implications

These works fit in with the strategic plan of streetscape enhancement. Councillor McFarlane disclosed financial interest in Item 11.1/ED3 as she resides within the vicinity of an area under consideration.

11.1/ED3 STATE UNDERGROUND POWER PROGRAM ROUND FOUR: MAJOR RESIDENTIAL PROJECTS EXPRESSIONS OF INTEREST

Report Information

Location: City Wide

Applicant: City of Stirling

Reporting Officer: Director Infrastructure Management

Business Unit: Engineering Design

Ward: City Wide AMENDMENT Moved Councillor Thomas, seconded Councillor Stewart That Recommendation 2 be amended to include the area North of Scarborough within the Round 4 expression of interest list for the State Underground Power Program. The amendment was put and declared LOST.

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Council Resolution

Moved Councillor Copley, seconded Councillor Clarey.

1. That the information concerning the proposed State Underground Power Program Round Four Major Residential Projects Expressions of Interest project areas be NOTED.

2. That Expressions of Interest for inclusion in Round Four of the State Underground Power Program as Major Residential Projects be SUBMITTED to the Office of Energy for the six (6) areas of Balcatta, Scarborough Stage Two, Menora/Coolbinia, Inglewood, Waterman/North Beach and Trigg/North Beach.

3. That the City include in its Round Four Expression of Interest a request that the area of Woodlands between Liege Street and the Mitchell Freeway be INCLUDED as a minor extension to one of the six (6) areas nominated in its Round Four Expressions of Interest.

4. That in the event that the area of Woodlands between Liege Street and the Mitchell Freeway fails to gain State Government approval as a minor extension to one of the six (6) areas nominated in the City’s Round Four Expressions of Interest, that the area be RESUBMITTED as a Round Four Localised Enhancement Project.

5. That the City SEEK approval from the City of Joondalup for the inclusion of the properties on the north side of Beach Road in a possible Round Four City of Stirling Waterman/North Beach underground power project.

6. That the City SEEK approval from the City of Bayswater for the inclusion of the properties on the east side of Central Avenue and Carrington Street in a possible Round Four City of Stirling Inglewood underground power project.

7. That the City SEEK approval from the Town of Vincent for the inclusion of the properties on the west side of Walcott Street in a possible Round Four City of Stirling Menora/Coolbinia underground power project.

The motion was put and declared CARRIED.

Committee Recommendation

1. That the information concerning the proposed State Underground Power Program Round Four Major Residential Projects Expressions of Interest project areas be NOTED.

2. That Expressions of Interest for inclusion in Round Four of the State Underground Power Program as Major Residential Projects be SUBMITTED to the Office of Energy for the six (6) areas of Balcatta, Scarborough Stage Two, Menora/Coolbinia, Inglewood, Waterman/North Beach and Trigg/North Beach.

3. That the City include in its Round Four Expression of Interest a request that the area of Woodlands between Liege Street and the Mitchell Freeway be INCLUDED as a minor extension to one of the six (6) areas nominated in its Round Four Expressions of Interest.

4. That in the event that the area of Woodlands between Liege Street and the Mitchell Freeway fails to gain State Government approval as a minor extension to one of the six (6) areas nominated in the City’s Round Four Expressions of Interest, that the area be RESUBMITTED as a Round Four Localised Enhancement Project.

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5. That the City SEEK approval from the City of Joondalup for the inclusion of the properties on the north side of Beach Road in a possible Round Four City of Stirling Waterman/North Beach underground power project.

6. That the City SEEK approval from the City of Bayswater for the inclusion of the properties on the east side of Central Avenue and Carrington Street in a possible Round Four City of Stirling Inglewood underground power project.

7. That the City SEEK approval from the Town of Vincent for the inclusion of the properties on the west side of Walcott Street in a possible Round Four City of Stirling Menora/Coolbinia underground power project.

Officer's Recommendation

1. That the information concerning the proposed State Underground Power Program Round Four Major Residential Projects Expressions of Interest project areas be NOTED.

2. That Expressions of Interest for inclusion in Round Four of the State Underground Power Program as Major Residential Projects be SUBMITTED to the Office of Energy for the six (6) areas of Balcatta, Scarborough Stage Two, Menora/Coolbinia, Inglewood, Waterman/North Beach and Trigg/North Beach.

3. That the City include in its Round Four Expression of Interest a request that the area of Woodlands between Liege Street and the Mitchell Freeway be INCLUDED as a minor extension to one of the six (6) areas nominated in its Round Four Expressions of Interest.

4. That in the event that the area of Woodlands between Liege Street and the Mitchell Freeway fails to gain State Government approval as a minor extension to one of the six (6) areas nominated in the City’s Round Four Expressions of Interest, that the area be RESUBMITTED as a Round Four Localised Enhancement Project.

5. That the City SEEK approval from the City of Joondalup for the inclusion of the properties on the north side of Beach Road in a possible Round Four City of Stirling Waterman/North Beach underground power project.

6. That the City SEEK approval from the City of Bayswater for the inclusion of the properties on the east side of Central Avenue and Carrington Street in a possible Round Four City of Stirling Inglewood underground power project.

7. That the City SEEK approval from the Town of Vincent for the inclusion of the properties on the west side of Walcott Street in a possible Round Four City of Stirling Menora/Coolbinia underground power project.

Report Purpose

To advise Council of proposed project areas to have Expressions Of Interest submissions made to the Office of Energy for consideration for inclusion as Major Residential Projects in Round Four of the State Underground Power Program.

Relevant Documents

Attachments: Seven (7) plans showing the six (6) proposed Round Four Major Residential Projects and the proposed Woodlands extension area.

Available for viewing at the meeting: Overall plan showing existing and proposed Round Four underground power areas.

Tax sheet: n/a

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Background

The State Government has invited local governments to submit Expressions of Interest (EOI) for Major Residential Projects (MRP) to be considered for inclusion in Round Four of the State Underground Power Program (SUPP). The Guidelines for Round Four submissions were released by the Office of Energy on 31 August 2005. The closing date for Expressions of Interest is 11 November 2005. Implementation of approved Round Four projects is presently scheduled to commence in the first half of 2007 and continue until the end of 2010. In Round Three of the SUPP the City nominated five (5) project areas for consideration for inclusion as MRP’s. These areas were Balcatta, Scarborough Stage Two, Inglewood, Menora /Coolbinia and Churchlands/Wembley Downs. These areas were selected by an independent electrical consulting engineer as the areas within the City of Stirling presently serviced by overhead power that best satisfied Western Powers selection criteria for MRP’s, and consequently were the most probable areas to be granted approval for inclusion in Round Three. The Churchlands /Wembley Downs project was subsequently short listed by the State Government as a Round Three project. Final approval of the Churchlands/Wembley Downs project will be subject to the satisfactory outcome of the Detailed Proposal Stage public consultation scheduled for later in the current calendar year. This public consultation process is intended to determine the level of community support for power undergrounding and also the willingness of property owners to contribute the necessary 50 percent of the project funding. Project commencement is currently scheduled for June 2006 and project duration is presently scheduled for 18 – 24 months. As in previous rounds the City proposes to submit multiple EOI’s to improve the probability of having projects approved by the State Government. It is proposed that four (4) of the previous unsuccessful areas plus two (2) additional areas be nominated. It is also proposed that the Woodlands area between Liege Street and the Mitchell Freeway be submitted as a minor extension to one of the six (6) nominated projects. Round Three Guidelines allowed for multiple projects to be included in a single Expression Of Interest. Round Four Guidelines are more onerous and require that three (3) copies of individual EOI’s be submitted for each project area nominated by a local government. Round Four Guidelines The size of Round Four MRP’s preferred by the State government is between 800 and 1300 Lots, although areas of 600 Lots or greater will be considered. As in previous Rounds of the SUPP high voltage Western Power transmission lines will not be included in an approved underground power project area. Any such transmission lines will remain overhead following the underground power project. The State Government advises that project areas should not be excluded by local governments on the basis of an area including transmission lines. Where transmission lines occur within an approved project area it has been common practice with other local governments to offer a discount to affected property owners in recognition of the reduced streetscape enhancement compared with streets unaffected by transmission lines. The Guidelines indicate that during the State Government Round Four selection process increased emphasis will be placed on improving power supply reliability. Whilst power reliability has always been one of the criterion used by the State Government when assessing applications for inclusion in the SUPP, the Round Four Guidelines have placed increased emphasis on this issue.

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The project selection criteria used by the State Government includes power system reliability (technical) criteria and project feasibility (non-technical) criteria. Projects must first adequately satisfy the system reliability criteria before being considered for assessment on the project feasibility criteria Power System Reliability (Technical) Criteria When assessing system reliability (technical) criteria for a particular proposal, the issues considered include system reliability, power quality, network growth requirements and network characteristics. System reliability includes the assessment of the total annual customer power interruption due to such events as pole top fires, pole-related traffic accidents, equipment failures, overloaded equipment, conductor clashing, extreme weather and storm related damage, pollution, wildlife and vegetation related faults. Power quality assessment includes the assessment of the number of power quality complaints, system reinforcement priority for the area and the number of power system television interference complaints. Network growth requirement includes the assessment of available network capacity, voltage drop in the network and fault rating of conductors. Network growth requirement includes the assessment of voltage conversion requirements, age of the existing network infrastructure, proximity to a zone substation, proximity to the coast and zoning changes that may result in system overload. Project Feasibility (Non-Technical) Criteria When assessing project feasibility (non-technical) criteria for a particular proposal, the issues considered include nominated area issues, project budget, local government and community commitment and support criteria. Nominated area assessment includes numbers and size of lots, stated zoning, plans to amend zoning, proportion of commercial properties, suitability of ground conditions for undergrounding drilling, amenity improvements such as reductions in tree pruning, contiguity with adjacent underground power areas, extent of vacant State or local government owned land and any future plans for such land use. Project budget will be assessed by Western Power based upon a model utilising a range of technical and non-technical project variable cost escalators. Local government and community commitment and support includes the demonstrated ability of the local government to raise project funding and any indicative level of community support. Network Reliability Advice from Western Power To assist the City in the preparation of its EOI’s the City requested that Western Power provide information concerning those areas within the City that presently experience low power supply reliability resulting in increased power outages occurring. Suburbs listed by Western Power included Balcatta, Dianella, Doubleview, Innaloo, Nollamara, North Beach, Scarborough, Trigg and Tuart Hill.

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Project Areas It is proposed that a total of six MRP’s and a minor extension in Woodlands between Liege Street and the Mitchell freeway be nominated for inclusion in Round Four. Plans showing the proposed project areas are attached to this report. The four projects nominated by the City that failed to gain approval in Round Three will be resubmitted for consideration in Round Four. These projects are the Balcatta, Inglewood, Menora/Coolbinia and Scarborough Stage Two projects. The extension in Woodlands between Liege Street and the Mitchell Freeway was originally considered as part of the SUPP Round One Woodlands /Doubleview project but was unsuccessful at that time. A further unsuccessful request was made in March 2005 for the inclusion of this area as an extension of the proposed Round Three Churchlands/Wembley Downs project. This proposed extension comprises approximately 86 Lots and because of its limited size is unlikely to be approved as a MRP unless combined with one of the other six (6) nominated MRP’s. In the event that the Woodlands extension is not successful as a Round Four MRP extension project it is proposed that the area be nominated as a Round Four Localised Enhancement Project (LEP). LEP’s are significantly smaller in scale than MRP’s and as the name implies are intended to enhance streetscapes at specific locations. Applications for Round Four LEP’s will be dealt with separately from MRP Expressions of Interest. An example of an LEP is the Round Two Scarborough Beach Precinct power undergrounding project that was completed in June 2004. Guidelines and closing dates for Round Four LEP applications have not yet been released by the Office of Energy. The Balcatta and Scarborough Stage Two projects encompass areas identified by Western Power as being areas affected by low power supply reliability resulting in a higher than normal occurrence of power outages. Whilst not identified by Western Power as areas most affected by power outages, the Menora/Coolbinia and Inglewood projects are considered appropriate for nomination. Both of these projects abut the Round Two Mt Lawley project and include ageing power supply infrastructure and heavily tree lined streets. The undergrounding of power in either or both of these project areas would constitute a logical progression of underground power networks in the area. Following implementation of the Mt Lawley project numerous requests were received by the City for the extension of the underground power system into adjoining areas. This indicates that strong community support for undergrounding in these areas is likely. There is also a degree of community expectation that these areas will be renominated by the City in Round Four of the SUPP. In addition to the four projects nominated for Round Three it is proposed that a further two projects encompassing the north coastal suburbs of Watermans Bay, North Beach, and the area of Trigg to the north of the Trigg Bushland Reserve. The project areas are Waterman/North Beach and Trigg/North Beach. These areas have been identified by Western Power as having low power supply reliability. The City is aware of significant issues with the present reliability of power supplies in these areas, with Western Power presently seeking to upgrade the present networks at various locations to redress these issues. These north coastal areas were identified by a review conducted by an independent electrical consultant as part of the project selection process for Round Three MRP projects as being high priority underground power areas. They have been excluded however from the selection process in previous rounds due to the imminent infill sewer works proposed for the area. Areas subject to infill sewer works were not favourably assessed in the previous SUPP selection process due to the increased likelihood of damage being caused to the underground power network from subsequent excavations associated with the infill sewer works, and the consequent increased safety hazard to infill sewer workers that would result.

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The imminent completion of the sewer infill works in these areas will make these areas eligible and highly suited for selection in Round Four. As the Waterman/North Beach project abuts the City’s northern boundary road of Beach Road it would be appropriate to include the City of Joondalup properties on the northern side of Beach Road in the project area, subject to City of Joondalup approval being given. The reason for this is that properties on both sides of Beach Road are presently served by a common overhead power supply. Consequently it is not possible to underground power supplies to properties on only one side the street. Similarly, it would be appropriate to include the City of Bayswater boundary road Lots on the east side of Central Avenue and Carrington Street within the proposed Inglewood Round Four MRP, and also include the Town of Vincent Lots on the west side of Walcott Street within the proposed Round Four Menora/Coolbinia project.

Comment

In previous Rounds of the SUPP the City has been successful in having only single projects approved in each Round. In view of the City’s size and population it would not be unreasonable to expect that the City may gain approval for more than one MRP in Round Four of the SUPP. It is however considered unlikely that more than two projects nominated by a particular local government would be granted approval in any particular Round, particularly when during the Round Three selection process in excess of seventy applications from Western Australian local governments where competing for State Government funding subsidies for only ten projects. As a result of the high level of community support expressed for the undergrounding in the Menora/Coolbinia and Inglewood project areas following the Mt Lawley project, it is considered appropriate that these areas be included in the City’s Round Four EOI. Of the nine areas nominated by Western Power as having low power supply reliability, four areas are proposed for inclusion in the City’s Round Four EOI together with the Menora/Coolbinia and Inglewood projects and the minor Woodlands extension between Liege Street and the Mitchell Freeway. The remaining projects identified by Western Power together with projects that fail to gain selection in Round Four will be considered for inclusion in a future round of the SUPP.

Consultation/Communication Implications

Current SUPP Guidelines do not require that public consultation be undertaken prior to submission of an EOI. Only when preferred projects have been short listed by the Office of Energy is public consultation required to determine the levels of community support for power undergrounding and also the willingness of owners to contribute the necessary funding required to implement the underground power works. This approach has been adopted by the Office of Energy so that local governments are not required to incur the financial costs of conducting owner surveys in areas that are unlikely to gain State Government approval for inclusion in the SUPP.

Policy and Legislative Implications

If one or more of the Round Four MRP EOI’s were successful, the future funding and owner funding contribution cost recovery model would be compliant with current legislation.

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Financial Implications

The cost of preparing EOI’s is the responsibility of the relevant local government authority. No rebate is applicable in the event that a nominated project is granted inclusion in the SUPP by the Office of Energy. In the event that a nominated project is granted inclusion in the SUPP the City of Stirling will be responsible for contributing 50 percent of the total project cost. The remaining 50 percent of the funding is provided by equal contribution from the Office of Energy (25 percent) and Western Power (25 percent). The City’s 50 percent contribution will be fully recovered from the owners of properties that benefit from the power undergrounding works. This funding arrangement is considered to be the most equitable and is in accordance with the user pays principle. The City has been successful in having MRP’s included in all previous Rounds of the SUPP. Projects included in Rounds One, Two and Three are the Woodlands/Doubleview, Mt Lawley and Churchlands/Wembley Downs projects respectively. In each of these projects Councils 50 percent funding contribution has or will be fully recovered from the owners of the properties that benefited from the underground power works.

Strategic Implications

Council has in the past been supportive of power undergrounding in all areas of the City of Stirling presently serviced by overhead powerlines. The continuation of the extension of underground power in association with the State Government has been identified as a goal in the City’s Strategic Plan 2004-2008.

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At 8.13pm Councillor McFarlane returned to the meeting prior to consideration of Item 11.1/ED4. Councillor Stewart disclosed a proximity interest in Item 11.1/ED4 as he has property within the street where the proposed work is to take place and left the meeting at 8.13pm.

11.1/ED4 CONSTRUCTION OF CUL-DE-SAC TURNING FACILITIES - ELSIE STREET AND ELVIRE STREET, NORTH BEACH

Report Information

Location: Elsie Street and Elvire Street, North Beach

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Engineering Design

Ward: Coastal

Council Resolution

Moved Councillor Copley, seconded Councillor Thomas. That the item relating to the Construction of Cul-De-Sac turning facilities in Elsie Street and Elvire Street, North Beach be HELD OVER to the November Infrastructure and Community Development Committee meeting to enable further options to be presented. The motion was put and declared CARRIED.

Committee Recommendation

That the item relating to the Construction of Cul-De-Sac turning facilities in Elsie Street and Elvire Street, North Beach be HELD OVER to the November Infrastructure and Community Development Committee meeting to enable further options to be presented.

Officer's Recommendation

1. That the information regarding the need to provide cul-de-sac road treatments to provide appropriate turning facilities for the City's Waste drivers, emergency services and the public in general be RECEIVED.

2. That Council ADOPT a Policy that all roads within the City that do not have a cul-de-sac turning facility be upgraded to do so as part of the City's ongoing Works Program to provide the safety required for the City's Waste drivers, emergency services and the public in general, based on providing a safe working environment, the Occupational Safety and Health Act and the Road Traffic Code.

3. That the residents in the vicinity of the ends of Elsie and Elvire Streets be ADVISED of the reasons behind Council’s decision.

4. That where appropriate suitable street trees and approved verge treatments be REINSTATED in consultation with the residents.

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Report Purpose

To highlight the safety issue in regards to roads that do not provide appropriate turning facilities for the City's Waste drivers, emergency services and the public in general.

Relevant Documents

Attachment 1: Elsie Street cul-de-sac construction plan. Attachment 2: Elvire Street cul-de-sac construction plan. Attachment 3: Elvire Street – subdivision of lots. Available for viewing at the meeting: Nil. Tax sheet: 13.72

Background

In early 2003 the City's Waste Unit highlighted problems experienced regarding turning and access difficulties experienced by their waste truck drivers in regard to “dead end” roads within the City that ended without a cul-de-sac or turning facility provided. Many of these roads require waste drivers to reverse their truck more than 200m, often over crests of hills, around parked cars, around blind corners and with potential conflict with pedestrians and cyclists. The waste trucks have a weight of approximately 20 tons and restricted visibility when reversing via the side mirrors, and absolutely no visibility to anything in close proximity to the rear of the truck. The City's Waste Disposal Unit has indicated the following: 1. Operationally, the situation where a vehicle is required to reverse long distances through a

built up or suburban area is extremely dangerous and could result in serious injury to the public. It is not unknown for children already often run or ride on their bikes behind our vehicles under normal operations as well as when the vehicles are travelling forward.

2. The City's vehicle accident statistics for 2004/05 clearly show that the most common vehicle accident category is for reversing vehicles (over 50%) further reinforcing the hazards associated with this action.

3. The City over recent years has had its waste collection vehicles involved in accidents where a third party has run into the back of our waste vehicle resulting in serious injury and substantial damage to both vehicles. On these occasions, our vehicles were stationary thereby rendering the fault with the 3rd party. Despite this fact our staff were placed under significant pressure (in addition to the trauma of the accident) to prove that they were not reversing. Had we been reversing, the ramifications for the City and the driver would have been significant.

4. To this point in time, waste staff have continued to operate vehicles in less than desirable situations. The City needs to be taking appropriate action where it is practicable to do so to modify these streets in question with the provision of cul-de-sacs or a time may come where through legislation or safety concerns drivers may refuse to pick up bins in streets where a driver is required to reverse vehicles beyond normal requirements.

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Advice provided to the City's Occupational Safety and Health co-ordinator from the Local Government Insurance Services WA states that Section 19 of the Occupational Safety and Health Act 1984 requires than an employer must, as far as practicable, provide a work environment in which employees are not exposed to hazards. Similar, employees have an obligation to take reasonable care for their own safety and health and that of others at work.

The provision of a turning facility is essential so that drivers and public in general are not exposed to a hazardous environment. The Road Traffic Code 2000, Part 18, Item 261 Driving Backwards states:

“A person shall not drive a vehicle in reverse- a) unless he or she can do so with safety; or b) for a greater distance than is reasonable, having regard to the circumstances.”

Truck drivers in the past have on occasion used residential crossovers to turn around, this has many issues associated such as damage to crossovers not designed to handle a 20 ton truck, adverse slopes of crossover and possibly reversing into properties where children may be playing without the driver knowing. The City has received claims from residents for alleged damage to crossovers by the City’s Waste trucks.

Some 80 roads were identified by the City's Waste Unit requiring turning facilities. The City has been including the upgrade of roads without cul-de-sacs since the 2003/04 Budget Works and as part of the ongoing Bitumen Surfacing Reconstruction Program. It was envisaged that to upgrade these roads as part of the resurfacing works it would lessen the impact or inconvenience to all residents. The upgrades are designed site specific to try and fit to the turning requirements of the standard truck and the site constraints, such as, road reserve width, existing trees, crossovers and try to minimize impact on adjoining owners where possible. Current Position The City's Engineering Design Unit and Coastal Ward Councillors have received objections from owners directly affected by the required cul-de-sac upgrades in Elsie Street and Elvire Street as part of the road resurfacing works listed on the 2005/06 Budget. Elsie Street Affected residents in Elsie Street have objected on the grounds that the cul-de-sac is not needed, that a cul-de-sac would devalue their property, reduce aesthetics of the area, loss of verge and will result in the loss of their verge tree, would encourage more traffic to travel to the end of the street. Elsie Street is more than 200m in length and ends without a cul-de-sac or turning facility. Elsie Street has a crest that requires drivers to reverse their truck over a hill and around parked cars. Residents have suggested that rather than installing a formal turning area at the end of Elsie Street that the existing vehicle crossovers to their properties be widened and or strengthened so that the waste truck could use this area to assist in performing a three point turn. However, this would not always be practical if a vehicle was to be parked on the crossover area, restricting this manoeuvre.

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Alternate cul-de-sac treatments have also been examined in an effort to reduce the impact of the work on the verge area. However, the “T” head and “Y” head arrangements are generally more intrusive than the standard minimum sized cul-de-sac treatment proposed in this instance. Elvire Street Affected residents in Elvire Street have also objected on the grounds that the cul-de-sac is not needed. They indicated that as Elvire Street is a very short dead-end street, anyone using this street is either an invited visitor or lost. Also, that the new cul-de-sac will be in close proximity to the boundary and requires the removal of a large eucalyptus tree and reticulated lawns. The owners would also like to be able to park a boat or trailer or have visitors park on the verge. The owner of number 35 Hope Street (corner of Elvire Street) has recently subdivided their block and is required to extend the road to facilitate the subdivision and to provide access to the newly formed Lot. The owner was not required to cul-de-sac the road as part of this approval due to the expense involved - a requirement that would not have been supported as a condition by the Commission for the simple subdivision of one block into two. Elvire Street is about 35 meters in length and ends without a turning area. Prior to subdivision of number 35 Hope Street both owners of number 35 and 37 placed their bins along the Hope Street frontage. The newly created lot at number 35 and possibly a future subdivision of number 37 will require the City's waste truck to access Elvire Street. Elvire Street is quite steep and inclines about six meters from Hope Street to Star Swamp, this would make it extremely difficult for a truck to reverse up such a slope and negotiate a turn in Hope Street with limited visibility.

Comment

It is considered unsafe to have roads that just end without any means of turning for the City's waste trucks, emergency vehicles or the general public. Reversing a trucks for great distances in residential street, over crest of hills, around parked cars, around blind corners and sometimes in conflict with pedestrians and cyclists is in contradiction to the Occupational Safety and Health requirements and could expose the City to liabilities from waste staff and the public in general. Drivers will also be liable to claims and fines under the Road Traffic Code, when reversing a greater distance than is reasonable if they are involved in and incident. For example to collect the bins in the eastern section of Elsie Street the waste truck enters the street to collect the bins on the north side, then reverses in excess of 200 metres, turning around in the neighbouring street system, before reversing back on the opposite side of the road to collect the bins on the south side of the street, then traveling forward again to exit this section of street.

Consultation/Communication Implications

Residents have been letter dropped advising of the proposed works in accordance with the Pre-Works Communication Policy.

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Policy and Legislative Implications

Cul-de-sac turning areas are installed into dead end streets in conjunction with the City’s Road Resurfacing program.

Financial Implications

Funding for the cul-de-sac works in Elvire Street and Elsie Street have been provided on the current 2005/06 Works Budget.

Strategic Implications

Compliance with provision of safe working environment and Occupational Safety and Health Act and Road Traffic Code.

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At 8.14pm Councillor Stewart returned to the meeting prior to consideration of Item 11.1/CFR1. At 8.15pm Councillor Rose left the meeting during consideration of Item 11.1/CFR1 and returned at 8.16pm.

11.1/CFR1 COUNCILLOR RE: JACKADDER LAKE FOOTPATH

Council Resolution

Moved Councillor Re, seconded Councillor Ham. That Item CFR1 - Jackadder Lake Footpath, be RESUBMITTED to the November Infrastructure and Community Development Committee meeting and a further report to be PROVIDED. The motion was put and declared CARRIED. Councillor Re submitted a call for report in relation to the completion of the footpath at Jackadder Lake. The Director Infrastructure Management provided the following comment: The footpaths around Jackadder lake have been extended in the last two years in accordance with the Concept Plan prepared following extensive public consultation. The first section was within the Reserve from approximately Willow Way heading south to meet the existing footpath in the south-east of the reserve. The second section, recently, was from the corner of Jackadder/Blackbutt heading west to the corner of Birchwood/Blackbutt. A further section is planned to commence and be completed before Xmas 2005, from the carpark off Rosewood westerly to the corner of Rosewood/Birchwood and accross to the shops. A further and final section is planned from the corner of Birchwood/Blackbutt south to the existing carpark. This can only be done if sufficient funds remain in the Parks 2005/06 paths budget, following other planned works, and would not be expected before June 2006. Please note the concept plan does not outline a plan for the entire perimeter of the reserve. I understand that this was the compromise accepted by Council following community consultation. If you still require a Report on the path network (perimeter) around Jackadder Lake I suggest the following: That a report be prepared: 1) On the cost and timing of the remaining uncompleted sections of footpath in and around

Jackadder Lake in accordance with the Concept Plan; and, 2) The cost and location of a footpath to complete a network perimeter path. NOTE: It was agreed that the call for report be HELD OVER to enable guidelines for the procedures of call for reports to be outlined by the Chief Executive Officer.

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Moved Councillor Copley, seconded Councillor Daniel That the balance of the Infrastructure and Community Development Committee's Recommendations be adopted 'en bloc'. The motion was put and declared CARRIED.

11.1/TE1 TENDER FOR THE SUPPLY, INSTALLATION AND MAINTENANCE OF RAINMAN CONTROLLERS OR APPROVED EQUIVALENT, SOFTWARE AND COMMUNICATION SUPPORT

Report Information

Location: City Wide

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Parks and Reserves

Ward: City Wide

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

That the tender from Micro Control Engineers for the supply, installation and maintenance of Rainman Controllers or approved equivalent, software and communication support within the City Of Stirling be ACCEPTED:

a) at the tendered rates as detailed in Appendix A; and

b) for a period of two (2) years commencing from date of signing the agreement with an option to renew for a further one (1) year subject to acceptable performance.

The motion was put and declared CARRIED.

Committee Recommendation

That the tender from Micro Control Engineers for the supply, installation and maintenance of Rainman Controllers or approved equivalent, software and communication support within the City Of Stirling be ACCEPTED:

a) at the tendered rates as detailed in Appendix A; and

b) for a period of two (2) years commencing from date of signing the agreement with an option to renew for a further one (1) year subject to acceptable performance.

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Officer's Recommendation

That the tender from Micro Control Engineers for the supply, installation and maintenance of Rainman Controllers or approved equivalent, software and communication support within the City Of Stirling be ACCEPTED:

a) at the tendered rates as detailed in Appendix A; and

b) for a period of two (2) years commencing from date of signing the agreement with an option to renew for a further one (1) year subject to acceptable performance.

Report Purpose

To report on the results from public invitation to tender and the evaluation of tenders submitted for the supply, installation and maintenance of Rainman Controllers or approved equivalent, software and communication support for a period of two (2) years, in accordance with the Local Government (Functions and General) Regulations Part 4 (18).

Relevant Documents

Attachments: Appendix A - Schedule of Tenders Received. Appendix B - Evaluation Matrix.

Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Tenders were invited on 09 August 2005 for the supply, installation and maintenance Rainman Controllers or approved equivalent, software and communication support Tender Schedule No 2.7.1.12.2005/06, for a period of two (2) years with an option to extend for a further one (1) year.

Details

Tenders were advertised inviting offers from the public on:

Saturday 13 August 2005

Tenders closed: Thursday 01 September 2005

Employees present were: R Doyle & N Hambleton

Number of tenders received: one (1)

Contract

Commencement: 1 December 2005

Completion: 30 November 2007 (with an option to review for a further 1 year subject to acceptable performance by the Contractor)

Estimated Value of Contract: $450,000

Price: Fixed/ Schedule of Rates

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Tender Evaluation Panel

The tender evaluation panel comprised of:

Senior Irrigation Officer – Don Low

Technical Officer – John McMullin; and

City Building Coordination – Bill Doddemead.

Evaluation of Tenders The objective of the evaluation panel is to establish the conformity to the Conditions for Tendering of the one (1) tender listed in Appendix A and to select a suitably qualified and experienced contractor for the supply, installation and maintenance of Rainman Controllers or approved equivalent, software and communications support.

The tender received was assessed as being conforming. The tender received was assessed for awarding a contract for a period of two (2) years with an option to renew for a further one (1) year, in accordance with Council’s Best Value for Money Policy and complying with the Australian Competition Policies.

A cost comparison was undertaken on the prices submitted to the previous contract rates.

Description August

2003 September

2005 Percentage

increase

Supply and commission of:

Field Unit with Radio Power Pack and all other necessary equipment.

6352.50 6693.50 5.4%

Hand held unit 4398.35 4634.85 5.3%

Provision of full 12 month warranty 275.88 289.85 5.0%

Rates for Alteration of Works:

Technician 90.75 98.78 8.8%

System Engineer 118.25 127.50 7.8%

Call out rate (if applicable) for maintenance work not covered by warranty per hour.

203.50 219.35 7.7%

As indicated in the table of rates above, prices increased by between 5.0% and 8.8% only over two (2) years. This increase is considered within the current inflation rate. The evaluation panel fully assessed the Tender submission from Micro Control Engineering for the Supply, Installation and Maintenance of Rainman Controllers. The selection criteria, as detailed in the tender document, was utilised within a matrix to assist with the evaluation as indicated in Appendix B. Micro Control Engineering has held the Contract for the last eight years as the sole Contractor for the Supply, Installation and Maintenance of Rainman Controllers, carrying out all works to a satisfactory standard. The controller and associated equipment tendered by Micro Control Engineering is completely compatible with the existing Rainman computerised irrigation monitoring system and is considered by the City of Stirling to be the best available.

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Comment

Upon considering the results generated by the application of the selection criteria matrix, the submission by Micro Control Engineering was considered satisfactory, providing the City of Stirling with the best price for services to be rendered.

The Evaluation Panel recommends that the contract for the supply, installation and maintenance of Rainman Controllers be awarded to Micro Control Engineering by the Council at rates listed in Appendix A.

Consultation/Communication Implications

Not Applicable.

Policy and Legislative Implications

Not Applicable.

Financial Implications

The expenditure for the tender will be debited to the appropriate cost centre at the time an order is placed.

Strategic Implications

This is an ongoing program for the improved management and control of irrigation systems.

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11.1/TE2 TENDER FOR THE SUPPLY AND INSTALLATION OF STAINLESS STEEL "HANDRAIL/GUARDRAIL" FENCING FOR COASTAL SHARED PATH, (STAGE 6C)

Report Information

Location: West Coast Drive, North Beach (Stage 6C)

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Engineering Operations

Ward: Coastal

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

That the tender from Ozwize Pty Ltd trading as Western Chainwire for the supply and installation of stainless steel handrail/guardrail fencing for the coastal shared path (stage 6c) be ACCEPTED as the most advantageous. The motion was put and declared CARRIED.

Committee Recommendation

That the tender from Ozwize Pty Ltd trading as Western Chainwire for the supply and installation of stainless steel handrail/guardrail fencing for the coastal shared path (stage 6c) be ACCEPTED as the most advantageous.

Officer's Recommendation

That the tender from Ozwize Pty Ltd trading as Western Chainwire for the supply and installation of stainless steel handrail/guardrail fencing for the coastal shared path (stage 6c) be ACCEPTED as the most advantageous.

Report Purpose

To report on the results from public invitation to tender and the evaluation of tenders submitted for the supply and installation of stainless steel handrail/guardrail fencing for the coastal shared path (stage 6c) in accordance with the Local Government (Functions and General) Regulations Part 4 (18).

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Relevant Documents

Attachments: Appendix A - Schedule of Tenders Received. Appendix B - Evaluation Matrix.

Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Tenders were invited on 3 September 2005 for the supply and installation of stainless steel handrail/guardrail fencing for coastal shared path (stage 6c) Tender Schedule No 2.7.1.28.2005/06.

Details

Tenders were advertised inviting offers from the public on:

Saturday 03 September 2005

Tenders closed: Thursday 22 September 2005

Employees present were: R Doyle & N Hambleton

Number of tenders received: Three (3)

Contract

Commencement: Date of signing of Agreement

Completion: 6 weeks from the above date

Estimated Value of Contract: $140,000.00

Price: Fixed Lump Sum/Schedule of Rates

Tender Evaluation Panel

The tender evaluation panel comprised of:

Ron Spragg –Manager, Engineering Operations;

John Tomich -Construction Engineer, Engineering Operations;

Michael Gull - Building Maintenance Supervisor

Alex Berezovski - Works Engineer, Engineering Operations.

Evaluation of Tenders

The objective of the evaluation panel is to establish the conformity to the Conditions for Tendering of the three (3) tenders listed in Appendix A and to select a suitably qualified and experienced contractor for the supply and installation of stainless steel handrail/guardrail fencing for coastal shared path (stage 6c).

All three (3) tenders were assessed as being conforming. Tenders received were assessed for awarding a contract to be completed within a period of six (6) weeks, in accordance with Council’s Best Value for Money Policy and complying with the Australian Competition Policies.

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In order to obtain the broadest possible comparison base, each of the tenders was evaluated against the tender selection criteria and was inturn graded in the evaluation matrix (see Appendix B).

As a result, the tender submitted by Ozwize Pty Ltd trading as Western Chainwire scored the highest rating with 465 points followed by AUM Services Pty Ltd at 450 points and Access Unlimited International Pty Ltd at 410 points.

Ozwize Pty Ltd trading as Western Chainwire the recommended tenderer, is generally known to the evaluation panel as having the capacity to provide the level of service described in the specification. A check with referees of the recommended tenderer has indicated suitability as a supplier to the City of Stirling.

Comment

Upon considering the results generated by the application of the selection criteria matrix, the submission by Ozwize Pty Ltd trading as Western Chainwire was preferred, providing the City of Stirling with the best price for services to be rendered.

The Evaluation Panel recommends that the contract for the supply and installation of stainless steel handrail/guardrail fencing for coastal shared path (stage 6c) be awarded to Ozwize Pty Ltd trading as Western Chainwire by the Council at rates listed in Appendix A.

Consultation/Communication Implications

Not Applicable.

Policy and Legislative Implications

In accordance with the Local Government (functions and general) regulations Part 4 (18).

Financial Implications

The expenditure for the tender will be debited to cost centre C0143 at the time an order is placed.

Strategic Implications

The fencing in this tender is part of the Coastal Shared path (Stage 6) which compliments the City’s Strategic Key Result Area for our “Economic Opportunity” by creating an attractive environment and infrastructure that helps support a “liveable City”.

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11.1/ED1 ROAD SAFETY ADVISORY COMMITTEE - MINUTES OF ORDINARY MEETING OF SEPTEMBER 2005

Report Information

Location: City Wide

Applicant: Road Safety Advisory Committee

Reporting Officer: Director Infrastructure Management

Business Unit: Engineering Design

Ward: City Wide

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That the minutes of the Road Safety Advisory Committee meeting dated 22 September 2005 be RECEIVED

2. That the information regarding the success of the City's successful grant application for child restraint checking be NOTED.

The motion was put and declared CARRIED.

Committee Recommendation

1. That the minutes of the Road Safety Advisory Committee meeting dated 22 September 2005 be RECEIVED

2. That the information regarding the success of the City's successful grant application for child restraint checking be NOTED.

Officer's Recommendation

1. That the minutes of the Road Safety Advisory Committee meeting dated 22 September 2005 be RECEIVED

2. That the information regarding the success of the City's successful grant application for child restraint checking be NOTED.

Report Purpose

Council to receive the minutes of the Road Safety Advisory Committee

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Relevant Documents

Attachments: Minutes of the Road Safety Advisory Committee meeting held 22 September 2005 Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Meetings of the Road Safety Advisory Committee are held monthly as a minimum, or more frequently as required. Minutes of the meetings are submitted to Council as required under the Committee's Terms of Reference.

Comment

The following items are highlighted for Council's attention: Item 5.1 Child Car Restraint Fitting Programme Application The City was successful in receiving a Community Road Safety Grant for the amount of $8,300 to implement child car restraint checking in the City of Stirling. Checking services will begin in January 2006. Item 6 RoadWise Officer Report Arrive Alive - Have a Break not a Wake (previously titled Don't Turn Your Break into a Wake), is an annual event organised by the City of Victoria Park, being held on Friday 9 December. This year the City has been invited to participate, which would involve organising a cavalcade of Council and Emergency Services vehicles starting from a focal area within the City of Stirling, and travelling to Belmont Park for a memorial service. The event attracts good media coverage, in which the City's participation would be acknowledged. It provides the opportunity for the City to use this event to further promote its Drop Five and Save Lives message. Participation requires no monetary support from the City, but will have need of the time of the City's Road Safety Officer to organise and attend the event. It was decided at the meeting that the City should make use of this opportunity. The Road Safety Officer will begin to organise the City's involvement as part of the ongoing duties of this position.

Consultation/Communication Implications

The Road Safety Committee meets monthly. Agendas and Minutes are circulated to all members. Minutes of the meetings are submitted to Council as required under the Committees Terms of Reference.

Policy and Legislative Implications

The Committee operates in accordance with the Terms of Reference approved by Council.

Financial Implications

The Community Road Safety Grant of $8,300 for child restraint checking will be utilised for advertising and promotional materials. Matching monetary support from the City of Stirling is not required and the City's Road Safety Officer will implement the activity as part of the ongoing duties of this position.

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Strategic Implications

The Road Safety Advisory Committee seeks to engage the community in safety matters and other intervention treatments.

11.1/ED2 CHURCHLANDS / WEMBLEY DOWNS UNDERGROUND POWER PROGRAM STATUS REPORT

Report Information

Location: Churchlands / Wembley Downs

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Infrastructure Management

Ward: Doubleview

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel. 1. That owners of properties affected by locations of Western Power on ground

transformer and switchgear units required in association with the Churchlands / Wembley Downs underground power project be NOTIFIED in writing of the proposed locations.

2. That a public display showing the project area and proposed transformer and

switchgear sites be HELD in the Scarborough public library for a period of 2 weeks

3. That notices be PLACED in the Stirling Times community newspaper and in Council Offices advising residents of the proposed Churchlands / Wembley Downs underground power project and advising of the public display to be held in the Scarborough public library.

4. That a community survey of all owners of properties affected by the Churchlands /

Wembley Downs underground power project be UNDERTAKEN by an independent market research company to ascertain the levels of community support for power undergrounding and also the willingness of owners to contribute the necessary 50 percent of the project funding, and that the survey findings be reported to Council prior to final approval being given to the project.

5. That metal halide lighting technology be USED for the local road lighting

associated with the Churchlands / Wembley Downs State Underground Power Program Round Three project in lieu of mercury vapour technology in recognition of the increased environmental benefits associated with metal halide lighting.

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6. That funding for the City of Stirling contribution to the Churchlands/Wembley Downs underground power project be GENERATED through a Specified Area Rate (based on GRV) or a service charge upon properties within the project area.

7. That the Department of Local Government and Regional Development be

REQUESTED to effect legislative changes to provide for a minimum and maximum rate to be used in conjunction with Specified Area Rating for underground power projects and also to consider rating criteria which include reference to property area, frontage and KVA draw.

8. That financial modelling for ratepayer contributions INCLUDE provision for time

payment over 5-7 years. 9. That financial modelling INCLUDE, where possible, provision to facilitate rate

rebates in accordance with the Act. 10. That the rebate is PAID to the owner at the time the rebate is issued. 11. That Western Power assume RESPONSIBILITY for the appropriate camouflage of

their units. The motion was put and declared CARRIED.

Committee Recommendation

1 That owners of properties affected by locations of Western Power on ground transformer

and switchgear units required in association with the Churchlands / Wembley Downs underground power project be NOTIFIED in writing of the proposed locations.

2. That a public display showing the project area and proposed transformer and switchgear

sites be HELD in the Scarborough public library for a period of 2 weeks

3. That notices be PLACED in the Stirling Times community newspaper and in Council Offices advising residents of the proposed Churchlands / Wembley Downs underground power project and advising of the public display to be held in the Scarborough public library.

4. That a community survey of all owners of properties affected by the Churchlands /

Wembley Downs underground power project be UNDERTAKEN by an independent market research company to ascertain the levels of community support for power undergrounding and also the willingness of owners to contribute the necessary 50 percent of the project funding, and that the survey findings be reported to Council prior to final approval being given to the project.

5. That metal halide lighting technology be USED for the local road lighting associated with

the Churchlands / Wembley Downs State Underground Power Program Round Three project in lieu of mercury vapour technology in recognition of the increased environmental benefits associated with metal halide lighting.

6. That funding for the City of Stirling contribution to the Churchlands/Wembley Downs

underground power project be GENERATED through a Specified Area Rate (based on GRV) or a service charge upon properties within the project area.

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7. That the Department of Local Government and Regional Development be REQUESTED to effect legislative changes to provide for a minimum and maximum rate to be used in conjunction with Specified Area Rating for underground power projects and also to consider rating criteria which include reference to property area, frontage and KVA draw.

8. That financial modelling for ratepayer contributions INCLUDE provision for time payment

over 5-7 years. 9. That financial modelling INCLUDE, where possible, provision to facilitate rate rebates in

accordance with the Act. 10. That the rebate is PAID to the owner at the time the rebate is issued. 11. That Western Power assume RESPONSIBILITY for the appropriate camouflage of their

units. .

Officer's Recommendation

1. That owners of properties affected by locations of Western Power on ground transformer and switchgear units required in association with the Churchlands / Wembley Downs underground power project be NOTIFIED in writing of the proposed locations.

2. That a public display showing the project area and proposed transformer and switchgear

sites be HELD in the Scarborough public library for a period of 2 weeks

3. That notices be PLACED in the Stirling Times community newspaper advising residents of the proposed Churchlands / Wembley Downs underground power project and advising of the public display to be held in the Scarborough public library.

4. That a community survey of all owners of properties affected by the Churchlands /

Wembley Downs underground power project be UNDERTAKEN by an independent market research company to ascertain the levels of community support for power undergrounding and also the willingness of owners to contribute the necessary 50 percent of the project funding, and that the survey findings be reported to Council prior to final approval being given to the project.

5. That metal halide lighting technology be USED for the local road lighting associated with

the Churchlands / Wembley Downs State Underground Power Program Round Three project in lieu of mercury vapour technology in recognition of the increased environmental benefits associated with metal halide lighting.

6. That funding for the City of Stirling contribution to the Churchlands/Wembley Downs

underground power project be GENERATED through a Specified Area Rate (based on GRV) or a service charge upon properties within the project area.

7. That the Department of Local Government and Regional Development be REQUESTED

to effect legislative changes to provide for a minimum and maximum rate to be used in conjunction with Specified Area Rating for underground power projects and also to consider rating criteria which include reference to property area, frontage and KVA draw.

8. That financial modelling for ratepayer contributions INCLUDE provision for time payment

over 5-7 years.

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9. That financial modelling INCLUDE, where possible, provision to facilitate pensioner rate rebates.

Report Purpose To provide Council with a status report concerning the current Round Three Churchlands/Wembley Downs State Underground Power Program underground power project which is scheduled for construction by Western Power in June 2006.

Relevant Documents

Attachment1: Plan of Churchlands/Wembley Downs Round Three underground power project area.

Attachment 2: Plan of Churchlands/Wembley Downs Round Three Transformer and Switchgear Sites and Typical Transformer and Switchgear Units.

Available for viewing at the meeting: Nil. Tax sheet: 15.55, 15.56, 15.57, 15.58, 16.55, 16.56, 16.57, 16.58, 17.55, 17.56, 17.57.

Background

Churchlands/Wembley Downs is a Major Residential Project (MRP) for underground power that has been short listed by the Office of Energy for inclusion in the current Round Three of the State Underground Power Program (SUPP). A plan showing the proposed project area is attached to this report. Implementation is presently scheduled by Western Power to commence in June 2006. Final approval for the project by the State Government will be subject to the satisfactory completion of the public consultation process prescribed by the SUPP Round Three Guidelines published by the Office of Energy. The duration of the project is estimated by Western Power to be 18 - 24 months. In accordance with the Round Three Guidelines, 50% of the approved project funding will be provided by the Office of Energy (25%) and Western Power Corporation (25%). The remaining 50% of the project funding is required to be provided by the relevant local government authority. The City has been involved in MRP’s in both Rounds One and Two of the SUPP. These projects were the Woodlands/Doubleview project and the Mt Lawley project respectively. In both cases the City fully recovered it’s 50% funding contribution from the owners of the properties that benefited from the undergrounding of power. This cost recovery is in accordance with the user pays principle and has been considered to be the most equitable method of funding such underground power projects. Prior to final State Government approval, the City of Stirling is required to survey all property owners to determine the level of community support for the undergrounding project, and also the willingness of owners to contribute the necessary 50% funding towards the project.

Comment

Alternative Street Lighting Technology Street lighting in previous SUPP projects has used a combination of mercury vapour (MV) and high-pressure sodium (HPS) lighting technologies.

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HPS street lighting is the preferred lighting technology for major roads throughout the Perth metropolitan area. They produce a golden colour rendition and are available in high wattage lamps required for the increased lighting levels necessary on distributor roads. HPS lighting is more energy efficient than mercury vapour lighting and its different colour rendition is also useful in highlighting major traffic routes to road users. Mercury Vapour (MV) streetlights produce a blue/white colour rendition and are the predominant local road lighting technology presently installed throughout the Perth metropolitan area. In recent times metal halide lighting technology has been offered by Western Power Corporation for street lighting applications as an alternative to MV technology. Metal halide lighting produces a white light similar to MV but is approximately twice as energy efficient as MV lighting. That is to say, metal halide lamps produce approximately twice the light output for the same energy consumed. Also, metal halide lamps contain only 0.01 milligrams of mercury compared with 14 milligrams for an equivalent MV lamp and are therefore more environmentally friendly. Presently, the capital and operating costs of metal halide lights are approximately 11% and 14% greater, respectively, than the equivalent MV alternative. In the case of the Churchlands/Wembley Downs project area the additional capital cost of employing metal halide street lighting technology is estimated to be $30,000 excluding GST. This capital cost increase will be borne as a project cost and will consequently by subsidised 50% by the State Government. The annual street lighting tariff increase resulting from the use of metal halide streetlights is estimated to be $7,000 excluding GST. This will be an ongoing cost to Council and represents an increase in the City’s annual street lighting operating expenditure of approximately 0.3%. As the use of metal halide lighting becomes more widely used in the future it is considered that the resultant economies of scale will reduce the cost differential. The Towns of Victoria Park and Mosman Park have successfully utilised metal halide street lighting technology for local roads in recent SUPP project areas. In view of the environmental benefits of reduced energy consumption and reduced mercury content offered by metal halide lighting over MV lighting it is proposed that metal halide lighting be used for the local road lighting in the Churchlands/Wembley Downs underground power project. The use of the more energy efficient metal halide street lighting is in keeping with the desired outcomes of the Cities for Climate Protection Strategy (Greenhouse Action Plan) and also the Sustainable Cities Program that have previously been endorsed by Council. High Speed Telecommunications Infrastructure During Round Two of the SUPP, (including the Mount Lawley SUPP project) Western Power, through it’s wholly owned subsidiary Bright Communications, installed conduits and service connection pits for a future high speed telecommunication networks in association with 12 underground power projects. All additional costs associated with the installation of the telecommunications infrastructure where borne exclusively by Western Power. The telecommunications infrastructure asset was wholly owned by Bright Communications. The purpose of the telecommunications infrastructure installation was to provide Western Power with the infrastructure for a future high-speed telecommunication network that it could either operate itself or lease/on sell to another carrier. A limited trial has been conducted in the City of South Perth involving the provision of high-speed telecommunication to 150 properties. A trial project has also been conducted in Victoria Park.

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Western Power has now discontinued the practice of co-location of communications conduits in association with SUPP projects based upon the outcomes of a cost benefit review carried out during 2004. In recognition of the future potential benefits to the community of co-locating communications infrastructure in association with the Churchlands/Wembley Downs and any subsequent underground power projects within the City of Stirling, the City has approached Western Power to determine if it would be prepared to consider the co-location of communication conduits in association with the Churchlands/Wembley Downs project. After giving consideration to the City’s request Western Power has reaffirmed that it would be unwilling to include co-location in association with any impending Round Three projects. The only exception to this would be if open trenching was required as part of the power undergrounding project to suit local site conditions. In the event of open trenching being required, Western Power would offer the City of Stirling the opportunity of having communications conduits installed in a common trench for future use as part of a possible future high speed telecommunications network. The financial cost of any such conduit installation would be the responsibility of the City of Stirling and would be treated as a cost variation to the Underground Power Agreement contract.

Consultation/Communication Implications

Two rounds of public consultation are required to be satisfactorily completed by the City prior to final State Government approval being given to the underground power project. The two rounds are: Transformer and Switchgear Locations Community survey To enable the City to meet Western Powers current implementation program early commencement of the required public consultation will be necessary. Transformer and Switchgear Locations The first round involves only the owners of the properties that will be affected by new ground mounted transformer and switchgear units. A plan showing the proposed transformer and switchgear locations and photos of typical units are attached to this report. Transformer and switchgear units are essential components in Western Power’s ultimate high and low voltage power distribution networks and replace the previous overhead units. Transformers measure 1.8 metres x 1.9 metres x 1.5 metres in height. Switchgear units vary in width from 1.2 metres to 2.0 metres and are 0.9 metres deep and 1.25 metres in height. Both units are encased in green colour powder coated steel cabinets. Other above ground infrastructure includes the street lighting system and the property service connection pillars that are located within the front boundaries of properties being served. Pillars are generally located adjacent to every second side boundary and act as a service connection point for both adjoining properties. Community Survey The second round of the public consultation constitutes the Detail Proposal Stage as set out in the SUPP Guidelines. It involves the surveying of all affected property owners to determine the level of community support and also the willingness of owners to contribute the required funding.

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It is important that the City be seen to be impartial in the owner survey and reporting process. For this reason it is considered appropriate that the City commission an independent market research company to conduct the owner survey and report the findings to Council as it has done on previous MRP underground power projects. In similar previous projects criticism of the survey process and its findings has been received from some owners who opposed the projects. The fact that the City had employed the use of independent market research companies on those occasions enabled the City to conclusively address the criticisms received.

Policy and Legislative Implications

The funding and owner contribution model would be compliant with current legislation.

Financial Implications

The actual total project budget will not be known until closer to the proposed commencement date when tenders will be called by Western Power for the undergrounding works. To assist the City with planning and public consultation, Western Power has advised a preliminary budget estimate per lot of $5,500 plus 10% contingency plus up to an additional 20% to allow for project specific variables. Project specific variables considered by Western Power that influence the cost of particular projects include residential power consumption, lot frontages, complexity of power system interfaces, ground conditions (including possible limestone conditions in this location), labour and fuel costs, road alignments, material costs, extent of any non residential area and transmission lines proximity. The preliminary budget information provided by Western Power indicates that Western Power’s cost per lot for the Churchlands/Wembley Downs project will be between $6,050 and $7,150. For preliminary budgeting and public consultation purposes it is considered prudent that a further amount of $150 per lot be included by the City to allow for any additional lighting costs that the City may require, and for any unforeseen additional or reinstatement works that the City may require during the implementation of the project. Accordingly, Western Power’s preliminary budget cost per lot will be between $6,200 and $7,300 per lot as shown hereunder.

Estimated Minimum Cost Per lot

Estimated base cost per Lot 5,500

Plus 10% contingency 550

Subtotal Per Lot 6050

Plus $50 per Lot new lighting technologies 50

Plus $100 per Lot unforeseen additional and reinstatement works/limestone

100

Estimated Minimum Total 6,200

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ESTIMATED MAXIMUM COST PER LOT

ESTIMATED BASE COST PER LOT 5,500

Plus 10% contingency 550

Plus 20% (maximum) variables 1,100

Subtotal per Lot 7,150

Plus $50 per lot 50

Plus $100 per Lot unforeseen additional and reinstatement works/limestone

100

Estimated Maximum Total 7,300

Based upon an estimated amount of $7,300 per lot and an estimated total number of lots of 1,907 (with a distinguishable land area) the estimated maximum preliminary budget for the Churchlands/Wembley Downs project will be $13,921,000. This estimated budget amount is based upon preliminary cost estimates and is subject to confirmation following Western Power’s tender process that will be undertaken following final approval of the project being given by the City and the State Government. It is proposed that for the purpose of the public consultation and owner survey that the estimate total cost for a typical residential property be quoted as between $6,400 and $7,400, and that the estimated 50% funding that owners will be required to contribute be quoted as between $3,200 and $3,700. Charges for home units will be proportionally less that a typical single residential property and charges for commercial properties and other high-energy users will be proportionally more. Transformer/Switchgear Locations - discount Wherever possible, transformer and switchgear units are located within areas of public open space to minimise the impact upon streetscapes and privately owned properties. However in some instances, to satisfy Western Power technical requirements it will be necessary to locate such units on street verges abutting private properties. When it is required to locate either a transformer and/or a switchgear unit on the street verge abutting a private property it is proposed that where a complaint is received and it is agreed that a property is adversely affected by the placement of ground mounted transformers or switchgear cabinets, a 50% reduction in network costs up to a maximum of $3,500 be offered to the owner in settlement of the matter. Similar discounts were offered in the case of the Mount Lawley project. Western Power’s preliminary design calls for the location of transformer and switchgear units at 34 individual locations within the project area. Due to the abundance of public open space in the area it will be necessary to locate units on the street verges of private properties at 3 individual locations. These locations are sites 5, 19 and 21 shown on the attached plan. It is possible that additional sites may be required following the completion of the detail design by Western Power. Sites 5 and 19 involve a combination of both transformer and switchgear units at both sites. Sites 5 and 19 abut Hale School and are located in the street verges of Glenelg Avenue and Hale Road respectively. The approval of Hale School was sought by the City for the location of these units within the school site boundary. Hale School indicated that it would be prepared to consider locations within the school site subject to a range of conditions.

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Alternative suitable sites have subsequently been identified by Western Power and the City within the adjacent abutting street verges. For the purpose of the public consultation process it is proposed that the alternative sites within the street verges be proposed. Site 21 involves a transformer unit only. Site 21 abuts a single residential property located at the intersection of Glenelg Avenue and Maisie Crescent and is located in the street verge of Glenelg Avenue. Transformer and switchgear units are also required at sites 3 and 20 adjacent to the Wembley Downs Primary School and Churchlands Senior High School Government schools respectively. In both instances the approval of the Department of Education & Training has been obtained for the location of the units within the school site boundaries.

Strategic Implications

Undergrounding of power within the City is compatible with the City’s strategic goals for our Community and our built and natural environment. Financial Model The Council will need to collect approximately $6,436,125 from ratepayers within the underground power project area to fund the 50% cost contribution required by Western Power. The average cost per property would be approximately $3,375 (based on the average of the supplied high and low parameters). The options that are available to the Council to raise funds from ratepayers are:

A rate upon the Gross Rental Value (GRV) of all properties within the area;

A service fee charged against each property in the underground power (UGP) area; The application of a rate to GRV raises the following issues: 1. The lowest valued residential property is $5,050, the highest valued is $26,000. This

demonstrates that 2 properties in the same UGP area will have bills that are approximately 500% different from each other.

2. A GRV based rate provides the opportunity for pensioners to claim up to 50% rate rebate. 3. The rate is a charge against property and is therefore recoverable between or from

successive owners. 4. The security of the charge against property makes possible time payment arrangements

for amounts rated. 5. Utilising the rating system annexes provisions covering the application of administration

fees and interest for outstanding amounts. 6. GRV rating enables the application of discounts to encourage prompt payment of rates. A service fee requires consideration of the following: a. Properties that are dissimilar in value, area or KVA utilisation will all pay the same fee. b. Pensioner rebates do not apply to service fees. A preliminary analysis of properties and ownership in the UGP area demonstrates the following: Number of properties with a distinguishable land area (1,907) Total number of properties (2,490) Commercial and other non-residential properties (42)

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Total properties subject of existing pensioner discounts (722) Fully eligible pensioner properties with values greater than $10,000 (262) Properties GRV less than $8,300 (495) Properties GRV greater than $8,300 less than $10,800 (693) Properties GRV great than $10,800 less than $15,080 (841) Residential properties greater than $15,080 (413) The above profile suggests that there could be considerable claims that inequities exist in the event that an unmodified gross rental value or service fee is applied. A modified GRV rating model, which includes a minimum and maximum rate, would provide considerable flexibility. Unfortunately neither a minimum nor maximum rate is allowable where specified area rates are levied under existing Local Government Act provisions. A proposal is being made to WALGA to advocate for a change in rating legislation to provide greater flexibility in levying charges for underground power schemes. Part of the proposal proposes legislative changes to enable minimum and/or maximum rates to be applied. When the detailed design of the UGP area is completed by Western Power and more accurate costs can be obtained for the component parts of the project. Particularly the cost for the following: Transformer installation Decommissioning and removal of the existing system Undergrounding the network Connections from power pillars to residential meter boxes Detailed modelling can then be undertaken. The characteristics that will be sought in the final model will be: The entire charge for each property to be levied no later than July 2006; The levy to be a charge upon property; A discount to be offered for prompt payment; Pensioner rebates to be facilitated; Normal rating processes to apply ie the administration of collection fees and interest for

outstanding accounts; A compression of amounts payable by low and high GRV properties so that all residential

properties will pay for the undergrounding scheme at ‘equitable rates’; and An equitable contribution for Government and City owned land. Consideration will need to be given to the timing of advices to residents and estate agents about the charges for the UGP project in order that mortgagees and prospective purchasers of land can be fully informed about charges that could be levied against property.

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11.1/ED5 INTERSECTION OF THYME COURT WITH BOYARE AVENUE, MIRRABOOKA - TRAFFIC TRIAL

Report Information

Location: Thyme Court, Mirrabooka intersection with Boyare Avenue

Applicant: John Septimus Roe Anglican Community School

Reporting Officer: Director Infrastructure Management

Business Unit: Engineering Planning and Design

Ward: Balga

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That Thyme Court, Mirrabooka be PART CLOSED by way of the formalised construction of a median island, to form left-in/left-out only traffic movements at Boyare Avenue in accordance with provisions of the Road Traffic Code and Section 3.50 of the Local Government Act.

2. That approval be SOUGHT by the Commissioner for Main Roads WA (Department of Planning and Infrastructure (DPI)) for the traffic treatment.

3. That John Septimus Roe Anglican Community School be REQUESTED to fund 50% of the cost of the proposed works (estimated at $50,000) subject to Council’s 2006/07 budget consideration of this matter.

4. That construction of left-in/left-out only island on Thyme Court at the intersection with Boyare Avenue, Mirrabooka be LISTED for consideration of funding under the 2006/07 Budget.

5. That John Septimus Roe Anglican Community School and residents of Boyare Avenue, Mirrabooka be ADVISED of Council’s decision.

The motion was put and declared CARRIED.

Committee Recommendation

1. That Thyme Court, Mirrabooka be PART CLOSED by way of the formalised construction of a median island, to form left-in/left-out only traffic movements at Boyare Avenue in accordance with provisions of the Road Traffic Code and Section 3.50 of the Local Government Act.

2. That approval be SOUGHT by the Commissioner for Main Roads WA (Department of Planning and Infrastructure (DPI)) for the traffic treatment.

3. That John Septimus Roe Anglican Community School be REQUESTED to fund 50% of the cost of the proposed works (estimated at $50,000) subject to Council’s 2006/07 budget consideration of this matter.

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4. That construction of left-in/left-out only island on Thyme Court at the intersection with Boyare Avenue, Mirrabooka be LISTED for consideration of funding under the 2006/07 Budget.

5. That John Septimus Roe Anglican Community School and residents of Boyare Avenue, Mirrabooka be ADVISED of Council’s decision.

Officer's Recommendation

1. That Thyme Court, Mirrabooka be PART CLOSED by way of the formalised construction of a median island, to form left-in/left-out only traffic movements at Boyare Avenue in accordance with provisions of the Road Traffic Code and Section 3.50 of the Local Government Act.

2. That APPROVAL BE SOUGHT by the Commissioner for Main Roads WA (Department of Planning and Infrastructure (DPI)) for the traffic treatment.

3. That John Septimus Roe Anglican Community School be REQUESTED to fund 50% of the cost of the proposed works (estimated at $50,000) subject to Council’s 2006/07 budget consideration of this matter.

4. That construction of left-in/left-out only island on Thyme Court at the intersection with Boyare Avenue, Mirrabooka be LISTED for consideration of funding under the 2006/07 Budget.

5. That John Septimus Roe Anglican Community School and residents of Boyare Avenue, Mirrabooka be ADVISED of Council’s decision.

Report Purpose

To report on a trial of traffic restriction to left-in/left-out only on Thyme Court, Mirrabooka at the intersection with Boyare Avenue. The trial being conducted on behalf of John Septimus Roe Anglican Community School.

Relevant Documents

Attachments: Site plan - drawing E5402 Available for viewing at the meeting: Nil. Tax sheet: 26.69

Background

Council at the meeting of 14 December 2004, (Item 11.1/ED4) resolved:

“1. That the City undertake a traffic trial on behalf of John Septimus Roe Anglican Community School of left-in/left-out on Thyme Court at the intersection with Boyare Avenue, Mirrabooka.

2. That John Septimus Roe Anglican Community School be advised of Council's decision and the acceptance of the School's offer to contribute $3,000 toward the cost of the City conducting the traffic trial provided that: the school carry out the necessary notification of the trial the City conduct the trial and assessment the City reserving the right to cease the trial at any time prior to the end of the trial

period.

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The trial commenced on 24 January 2005 and although proposed to conclude on 8 April 2005 it has been retained since implementation.”

Comment

At commencement of the trial two complaints were received regarding inadequate signing of the trial treatment. Rectification of that issue occurred by installing larger and improved signage. Following resolution of the signing issue, no further complaints were received from residents in regard to operation of the trial intersection treatment. Evaluation of the trial intersection treatment has been conducted on the basis of any reported problems arising from its operation. To date there have been no reported isues that would indicate a fundamental problem at the site, such as:

additional intersection congestion

additional intersection delays

incorrect traffic movements at other intersections

turning movements into crossovers

additional incorrect parking

additional overloading of parking at other locations Some feedback of attempts of occasional incorrect traffic movements at the Thyme Ct/Mirrabooka Ave intersection have been received however, these are considered to be minor in nature and could be managed. Advice has also been received from John Septimus Roe School that it is their opinion the trial has been successful in providing better management of the Thyme Court / Boyare Avenue intersection, resulting in less congestion and delays.

Consultation/Communication Implications

At commencement of the trial, John Septimus Roe School undertook community notification by letter drop and inclusion in the school's Principal's Bulletin. The letter drop was delivered to all dwellings along Boyare Avenue between Mirrabooka Avenue and Northwood Drive and the Principal's Bulletin was distributed to all school parents.

Policy and Legislative Implications

Changing the trial treatment to a permanent restriction of vehicle ingress/egress movements requires compliance with appropriate legislation under the Road Traffic Act/Code and Local Government Act including seeking approval for the works from the Commissioner of Main Roads.

Financial Implications

John Septimus Roe Anglican Community School has funded the cost of the trial up to $3,000. The estimated cost of the pavement treatment being $50,000.

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Strategic Implications

The trial requires that all access into Thyme Court can only occur from heading westbound along Boyare Avenue. In addition, traffic exiting Thyme Court may only do so in a westbound direction along Boyare Avenue. The result of this change has been the subject of extensive communication to the school community and residents, coupled with an on site trial of the proposed treatment. Councillor Stewart disclosed an interest affecting impartiality in Item 11.1/ED6 as his wife is the secretary of a local community association who have made a submission on this item.

11.1/ED6 NORTH BEACH JETTY HEADLAND - REMEDIATION WORKS

Report Information

Location: North Beach Jetty, North Beach

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Manager Engineering Design

Ward: Coastal

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

That Council SEEK an urgent deputation to the Environment Minister, Dr Judy Edwards MLA, regarding the degraded and unstable North Beach Jetty headland area under the jurisdiction of the Department of Conservation and Land Management. The motion was put and declared CARRIED.

Committee Recommendation

That Council SEEK an urgent deputation to the Environment Minister, Dr Judy Edwards MLA, regarding the degraded and unstable North Beach Jetty headland area under the jurisdiction of the Department of Conservation and Land Management.

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Officer's Recommendation

That Council SEEK an urgent deputation to the Environment Minister, Dr Judy Edwards MLA, regarding the degraded and unstable North Beach Jetty headland area under the jurisdiction of the Department of Conservation and Land Management.

Report Purpose

To advise Council of the current situation regarding the status of the remediation works planned to stabilise the North Beach Jetty headland area.

Relevant Documents

Attachment 1:Chronology of events. Attachment 2: Toe Revetment detail. Attachment 3: Technical Services Report 24 February 2004 Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

The chronology of recent events is attached, however in summary the issues for consideration are: The City and Department of Planning and Infrastructure (DPI) have agreed to joint fund what

is referred to as “Toe Revetment” works to stabilise the headland at the North Beach Jetty site.

The headland works are required to stabilise the existing rock shoreline and headland area. Currently sections of the existing jetty headland are closed to public access.

The cost for remedial works of the headland is in the vicinity of $300,000 with the City’s funding allocated in this years budget, albeit the work required to fix this problem could be deemed totally a State Government (CALM) responsibility, given the unstable nature of the coastal limestone cliff/cave structures below.

Department of Fisheries object to the treatment proposed by the City that includes placing a toe revetment, detail attached. Their objection relates to the affect of this work on a narrow section of the adjoining reef. Without proper stabilisation the areas that are currently degraded on top of the headland adjacent to the toilets would continue to be an ongoing maintenance problem.

City Consultants, Officers, Fisheries and CALM representatives met to discuss the project, however, Fisheries maintain objection and CALM upholds Fisheries position in relation to revetment works. They suggest more minor works which would include placing smaller limestone boulders on the headland for coastal protection. From studies commissioned by the City it is clear that works of the nature would be ineffective and could lead to further damage in major storm events.

Optimally the best time to undertake this type of engineering work is now while the sand levels on the beach are at their lowest level. However, if agreement could be reached works at a later stage would still be possible, but more expensive due to the need to remove any sand build-up prior to placement of rock.

Carine MLA, Katie Hodson-Thomas, has raised the impass between the City and CALM in Parliament with the Environment Minister Dr Judy Edwards, but to this time the City has not been contacted by CALM or Fisheries.

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The Trigg North Beach Watermans Bay Community Association has also written to the Minister expressing their concern regarding the continued degradation of the area and with the request for CALM to reconsider the merits of the City’s proposal.

An alternate treatment to the toe revetment – use of close spaced piles placed into the upper headland has been estimated to cost in excess of $1.2m.

Comment

Even though DPI have agreed with the City’s proposal for protecting the headland at North Beach Jetty by placing a toe revetment, and are willing to contribute on a 50/50 basis, without CALM and Fisheries approval the City is not in a position to be able to proceed with the Work. (Grant applications to the Federal Governments National Disaster Mitigation programme were unsuccessful). Despite the City’s best efforts it has been unable to broker an agreement with CALM despite reducing the scope of the works to a minimum to reduce impact on the adjoining reef. The upper headland area cannot be effectively stabilised without a treatment to the underlying cause of the problem – the degradation of the rock shoreline and underlying caves. The alternate treatment using close spaced piles at a cost well in excess of $1m is outside the scope of the City. The degraded upper headland has been fenced off in areas of collapse and is signposted to prevent access from the public. Since CALM are not prepared to approve the City’s proposal, it is suggested that the matter be referred to them entirely, since the cause of the collapse is the unstable cave areas and shoreline degradation under their control, below high water mark. In taking this action, Council would need to be prepared to accept that the upper headland area would remain in it current degraded state for some time. The stability of the North Beach Jetty itself has been questioned and without intervention works access to it and the structure itself may be adversely affected by future major storm events and tidal surges undermining the adjacent areas.

Consultation/Communication Implications

Once an agreed outcome has been reached this would be communicated with the general public.

Policy and Legislative Implications

CALM’s responsibility in this area relates to the areas below the high water mark. The area is located within the Marmion Marine Park.

Financial Implications

The City has allocated sufficient funding to cover the cost of the toe revetment works required on the current 2005/06 Works Budget. In addition DPI have agreed to contribute on a 50/50 basis.

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Strategic Implications

Without stabilisation of the jetty and headland the area would continue to be degraded by the coastal process, further restricting access to the jetty itself.

11.1/ED7 PARTIAL REMOVAL OF MEDIAN IN SWAN STREET (WEST) - INTERSECTION OF SWAN STREET AND FLINDERS STREET, YOKINE

Report Information

Location: Swan Street and Flinders Street, Yokine

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Engineering Design

Ward: Lawley

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That owners, operators and landholders of commercial premises along Flinders Street adjacent to Swan Street be ADVISED to undertake improvements to signing and linemarking of parking areas within their premises.

2. That the City UNDERTAKE trial removal for a period of 3 months of a section of the traffic island on Swan Street west of Flinders Street as shown on drawing E5522.

The motion was put and declared CARRIED.

Committee Recommendation

1. That owners, operators and landholders of commercial premises along Flinders Street adjacent to Swan Street be ADVISED to undertake improvements to signing and linemarking of parking areas within their premises.

2. That the City UNDERTAKE trial removal for a period of 3 months of a section of the traffic island on Swan Street west of Flinders Street as shown on drawing E5522.

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Officer's Recommendation

1. That owners, operators and landholders of commercial premises along Flinders Street adjacent to Swan Street be ADVISED to undertake improvements to signing and linemarking of parking areas within their premises.

2. That the City UNDERTAKE trial removal for a period of 3 months of a section of the traffic island on Swan Street west of Flinders Street as shown on drawing E5522.

Report Purpose

To advise of complaints received following installation of the Flinders Street median at Swan Street and subsequently in respect of a proposal to modify the existing Swan Street traffic island west of Flinders Street.

Relevant Documents

Attachments: Swan Street and Flinders Street intersection drawing E5522 and crash data. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Council on 28 June 2005, (item 11.1/ED1) resolved:

“1. That the Flinders Street median at Swan Street, Yokine be extended to prevent right turn and crossing movements to reduce the incidence of vehicle crashes and the cost of works be allocated to traffic safety Measures Account C0131.

2. That the results of public consultation on the proposal to extend the median in Flinders Street, Yokine at Swan Street to prevent right turn and crossing movements be noted.”

The upgrading of Flinders Street from Royal Street to Morley Drive was conducted by the City during 2001/02. That works being a second stage following previous upgrading of Flinders Street from Wanneroo Road to Royal Street. Following this upgrading work, the City continued to receive complaints of about poor road safety from nearby residents regarding the Swan Street/Flinders Street intersection. Investigation was undertaken and it was confirmed that crashes continued to occur. An evaluation was subsequently made to determine whether further improvement to the intersection could be made within the limitations of the existing road reserve and Black Spot funding constraints.

Comment

Council's Traffic Management Policy states the following;

“iv) If crash data indicates that denial of a particular vehicle movement would eliminate a high proportion of crashes, channelisation details may be recommended for future budget funding. However, account must be taken of the affect this would have on related traffic flows for adjoining streets. Priority ratings will be determined for each individual situation.”

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The Main Roads WA reported crash history of the intersection of Swan Street with Flinders Street is shown in the table attached to this item. Data indicates that 25 of the 32 reported crashes were right angle types in the 7 year period 1997 to 2003. A reduction of 78% of crashes is therefore achievable by preventing all right turn movements. The traffic island on Flinders Street at the Swan Street intersection has subsequently been modified to prevent those right turn and crossing movements. The Flinders Street median was subsequently extended across the Swan Street intersection. Following this work, complaints were received from the adjacent retail premises that access to and from their carpark had been affected. The Ward Councillors and Manager Engineering Design met on site with the shopkeepers to hear and discuss their issues. At that meeting it was agreed that the City would investigate modifications to the traffic island on Swan Street west of Flinders Street in order to improve egress from the in carpark. The purpose of removal of a section of the traffic island is to provide an alternate exit from the car park for motorists desiring to proceed north along Flinders Street. The retail premises also indicated they would arrange for removal of palm trees along their Flinders Street frontage. Removal of the trees will improve motorists sight distance when exiting the car park onto Flinders Street. As part of the consultation process Swan Street residents adjacent to the Flinders Street intersection were advised of the proposal to remove the section of the Swan Street traffic island that currently blocks right turn ingress/egress to the retail premises carpark. Objection was received. Objection to the modification of the Swan Street traffic island is on the basis of:

retail premises on the corner of Swan Street / Flinders Street have been unhappy for a long time about restriction to vehicle access to their carpark due to the Swan Street traffic island, and removal of the island would have adverse affect on the residents.

The internal arrangement of the retail premises carpark aisles contributes to vehicle access difficulties. Removal of the Swan Street traffic island will not improve this situation.

The Swan Street traffic island contributes to providing a safe road environment by limiting vehicle movements at the carpark access. This prevents movements that would occur in conflict with vehicle movements at the Swan Street/Flinders Street intersection.

Removal of the Swan Street traffic island would remove the refuge for elderly pedestrians crossing Swan Street away from the Flinders Street intersection.

As an alternative, the resident objectors propose:

Widening and marking of the retail premises car park crossovers on Swan Street and Flinders Street to allow for combined ingress and egress.

Modify geometry of the retail premises carpark crossovers to improve vehicle ingress and egress.

Mark parking bays on the pavement behind the pharmacy and supermarket and install lighting in this area for safety at night.

Enforce “No Stopping” restrictions on both sides of Swan Street between Flinders Street and Douglas Avenue.

Comments on the Resident Objectors Proposals The existing crossovers are currently 6.0 metres wide. This is adequate to accommodate two-way vehicle movement. Centre-lining of the crossovers is possible to assist motorists in positioning their vehicle for ingress and egress. Ingress to the Swan Street crossover would be assisted with a widening of the crossover radius.

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Parking currently occurs on the area at the rear of the retail premises. Some of this area is linemarked for parking bays. The majority is not linemarked. Marking of parking bays and installing parking signs on the Swan Street and Villiers Street entries would assist motorists seeking available parking. The purpose of this paved area at the rear of the retail premises is intended to be for car parking and is on land under the control of individual land owners on which the retail premises reside. Accordingly, any works such as linemarking, signing and lighting would need to be undertaken by those landowners and their tenants. Identification of alternative parking at the rear would reduce the traffic load on parking at the front of the premises. The proposal put forward by the City involved a partial removal of the median in Swan Street whilst still providing demarcation for turning vehicles and pedestrians.

Consultation/Communication Implications

The City has advised adjoining residents of the proposal to remove a portion of the median island in Swan Street.

Policy and Legislative Implications

Works would be carried out within Policy and Standards.

Financial Implications

The proposed Swan Street traffic island minor modification works could be funded under Traffic Safety Measures account C0131.

Strategic Implications

A trial removal of a section of the median is suggested. This position would be reviewed after 3 months are reported back to Council.

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11.1/PR1 BUSHLAND FIRE HAZARD REDUCTION - DIANELLA REGIONAL OPEN SPACE

Report Information

Location: Dianella Regional Open Space

Applicant: Not Applicable

Reporting Officer: Director Infrastructure Management

Business Unit: Parks and Reserves

Ward: Inglewood

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That the Bushfire Hazard Reduction Plan for Dianella Regional Open Space as outlined in the report of the Director Infrastructure Management of October 2005 be ENDORSED for implementation.

2. That the proposed prescribed burning of a 10 metre wide buffer strip along the Light Street section of the bushland as recommended by the Fire and Emergency Services Authority of Western Australia NOT be PROCEEDED with as it can not be warranted on an environmental basis.

3. That as part of the Bushfire Hazard Reduction Plan the City UNDERTAKE the raking and removal of accumulated leaf litter and other forms of fuel loading around the immediate bases of all significant trees within the 10 metre wide buffer strip.

4. That issue of leaf litter production around significant trees be MONITORED and the proposed programme of leaf litter removal ASSESSED on an annual basis to determine the success or otherwise of the operation.

5. That the residents of Light Street, Dianella be ADVISED of all the above and their cooperation sought in the implementation of the Bushfire Hazard Reduction Plan.

The motion was put and declared CARRIED.

Committee Recommendation

1. That the Bushfire Hazard Reduction Plan for Dianella Regional Open Space as outlined in the report of the Director Infrastructure Management of October 2005 be ENDORSED for implementation.

2. That the proposed prescribed burning of a 10 metre wide buffer strip along the Light Street section of the bushland as recommended by the Fire and Emergency Services Authority of Western Australia NOT be PROCEEDED with as it can not be warranted on an environmental basis.

3. That as part of the Bushfire Hazard Reduction Plan the City UNDERTAKE the raking and removal of accumulated leaf litter and other forms of fuel loading around the immediate bases of all significant trees within the 10 metre wide buffer strip.

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4. That issue of leaf litter production around significant trees be MONITORED and the proposed programme of leaf litter removal ASSESSED on an annual basis to determine the success or otherwise of the operation.

5. That the residents of Light Street, Dianella be ADVISED of all the above and their cooperation sought in the implementation of the Bushfire Hazard Reduction Plan.

Officer's Recommendation

1. That the Bushfire Hazard Reduction Plan for Dianella Regional Open Space as outlined in the report of the Director Infrastructure Management of October 2005 be ENDORSED for implementation.

2. That the proposed prescribed burning of a 10 metre wide buffer strip along the Light Street section of the bushland as recommended by the Fire and Emergency Services Authority of WA NOT be PROCEEDED with as it can not be warranted on an environmental basis.

3. That as part of the Bushfire Hazard Reduction Plan the City UNDERTAKE the raking and removal of accumulated leaf litter and other forms of fuel loading around the immediate bases of all significant trees within the 10 metre wide buffer strip.

4. That issue of leaf litter production around significant trees be MONITORED and the proposed programme of leaf litter removal ASSESSED on an annual basis to determine the success or otherwise of the operation.

5. That the residents of Light Street, Dianella be ADVISED of all the above and their cooperation sought in the implementation of the Bushfire Hazard Reduction Plan.

Report Purpose

Council to endorse the Bushfire Hazard Reduction Plan for Dianella Regional Open Space.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Nil Tax sheet: 27.63, 28.63, 27.64

Background

Reference is made to a previous report to Council on this matter, (Technical Services Committee – 28 September, 2004 Item PR3) with the following recommendations ensuing:

“1. That in reference to the bushfire hazard condition in Dianella Regional Open Space, Council endorse the City’s actions thus far in alleviation the situation as outlined in the report of Director Infrastructure Management.

2. That prescribed burning of a 10 metre wide buffer strip along the Light Street

section of the bushland as recommended by the Fire and Emergency Services Authority of WA be deferred until the Spring of 2005 to enable adequate consultation with all stakeholders and the acquisition of necessary approvals.

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3. That subject to the successful conclusion of all consultation and approvals the prescribed burning operation be costed and listed for Council consideration in the 2005/ 06 Budget.

4. That the petitioners of Light Street residents be advised accordingly.”

As Council may be aware that the above resolution was in response to a petition received last year from residents in Light Street, Dianella, concerned with the bushfire hazard situation in the section of bushland across the street in Dianella Regional Open Space. Their main issues were as follows:

The density of the undergrowth;

The presence of dead trees;

The inadequacy of firebreaks and

Poorly defined access points off Light Street if needed for fire suppression vehicles. The City took advise from the Fire and Emergency Services Authority of WA (FESA) and their response was as follows:

The undergrowth whilst dense was vibrant and did not warrant clearing;

The dead trees referred to by the residents were mainly old trees with habitat value – these trees could be protected from a bushfire by ensuring that the bases of these trees are controlled of all grasses and other weeds;

Some firebreaks are becoming overgrown – these could be pruned to ensure the required horizontal and vertical clearances;

Better definition of emergency vehicle access points off Light Street could be achieved with minimal clearing of vegetation along existing sand trails and their consolidation with crushed limestone and

The canopies of bushland trees overhanging the verge off Light Street could be pruned back to maximise the vertical clearance between the bushland and private property across Light Street.

Quite apart from directly addressing the residents concerns, FESA also advised that fuel loading on the floor of this section of bushland was abnormally high at 20 tonnes per hectare compared to the normal level of 8 tonnes per hectare. Fuel loading actually refers to the net accumulation of leaf litter and other droppings from bushland vegetation after having taken into account what is lost or re-consumed through decomposition. FESA had therefore recommended a prescribed burn to reduce this fuel to acceptable levels and for this burn to be confined to a 10 metre buffer strip along the outer edge of the bushland fronting Light Street. In accordance with Council’s resolution above, consultation was undertaken widely including the Kings Park Board, Conservation Council of Western Australia (CCWA), the Urban Bushlands Council (UBC), the University of Western Australia Botany Department (UWA), the Department of Conservation and Land Management (CALM) and a number of metropolitan Councils that had undertaken controlled burning in the past. Additionally, research was undertaken widely from a number of notable sources of relevance to the management of bushlands in the metropolitan region. The following report summarises the findings from the consultation and research:

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Comment

1. Why not to burn Fire has formed a natural component in the ecology of the Australian bushland for centuries. For instance it assists in the rejuvenation of moribund trees, it stimulates the germination of plant seeds that require fire scarification and it encourages the resprouting of plants that rely on underground storage organs. However what is often misunderstood is that fires at frequencies beyond the rate of the slowest maturing species of re-seeder plants will only lead to loss of such species and can not be sustained from the biodiversity viewpoint. Several researchers indicate that a fire regime any less than twice the period required for the slowest maturing species (about 8 years) at a site could irreversibly alter bushland structure and species composition. Even if a regular burning regime was considered, it must be remembered that current environmental conditions are very different to natural systems that existed prior to settlement due to a number of interrelated changes including (1) the isolated nature of remnant bushland within the urban context and (2) the greatly increased risk of fire ignition due to arson. Council is reminded that the residents of Light Street in their petition last year did not make any request for prescribed burning of the bushland; this was actually a recommendation of FESA. Researchers at Kings Park however contend that recurrent burning to keep fuel loading below 8 tonnes per hectare as recommended by FESA would require a burning frequency of three to four years. Kings Park, which consists of 270 hectares of bushland in the vicinity of residential areas of central Perth, discontinued prescribed burning in 1962; this was after several years of prescribed burning going back to 1932. Additionally, strip burning which was introduced along pathways and roads in 1974, also ceased in 1984. Observations are that strip burning (for example the 10 metre wide strip along Light Street recommended by FESA) are difficult to control and almost invariably lead to more than the desired area of bushland being burnt. Records kept by Kings Park since 1944 indicate an exceptionally high incidence of wildfires in that period of which 48% have been arson related. These fires have occurred irrespective of revised management policies and added infrastructure such as wide firebreaks. From this, researchers at Kings Park conclude that frequent prescribed block burning and strip burning have had no advantage in the control of fires compared to areas where no prescribed burning was practiced. This view is also shared by the Conservation Council of WA (CCWA). The policies of the Conservation Council of WA is however in variance with that of CALM which practices prescribed burning in State Forests and conservation reserves. In fact, CALM’s current practice of annual block burning is directed more towards the management of large forest reserves rather than relatively small urban bushland remnants with high ‘surface to area ratios’ and where the impact for weed invasion would be higher. The objectives of burning for forestry and for increasing groundwater recharge in water catchment areas therefore seem to be vastly different to burning for biodiversity conservation purposes. CCWA’s policy document states that there is considerable scientific evidence which shows that under the current fire regime, many natural ecosystems do not have time to recover from one prescribed burn before the next occurs. CCWA also contends that the system of fuel load assessment is flawed and that emphasis should be given instead to a more holistic assessment of risks at each site. The practice of burning in spring is seriously questioned as this is possibly the worst time to burn given that it is the period of peak germination for native species. Further, spring burns give rise to abnormally luxuriant foliage in trees that may not be sustained should hot dry summers follow thereby resulting in much of this foliage being shed and creating large amounts of leaf litter. Additionally, CCWA submits that there is evidence that prescribed burns actually increase the amount of flammable material because they promote the growth of weeds and short-lived native plants that respond prolifically to fire and interrupt the processes that naturally decompose leaf litter and other plant material lying on the ground.

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Council’s consultants currently undertaking the review of the Lake Gwelup Management Plan submit that fires at intervals more frequent than the inherent regenerative capacity of native vegetation can promote the establishment of exotic weeds because of the post-fire conditions created viz increased light penetration through burnt-out canopies, reduced competition from native perennial species and increased availability of nutrients. Increased weed growth, particularly annual grasses, greatly increases the fire risk by the formation of fine textured fuels that is highly flammable. Grassy weeds produce high fuel loading each year compared to native plants that take much longer to reach the same fuel levels. Grassy weeds produce a continuous fuel bed whereas native plants usually have gaps between them which act to slow down the spread of fire. Additionally, the fine textured fuels produced by grassy weeds create very hot fires at ground level. These views are similarly reflected by Kings Park in their observations on the spread of Veldt Grass in bushland areas. In a study undertaken by UWA in 1994 based on Star Swamp Reserve, the researcher concludes that initial weed invasion increases the loading of litter and standing fuel in bushland, making it more susceptible to hotter fires in the early post-fire regeneration stages; essentially resulting in a cycle of high fuel loading followed by high intensity fires that is difficult to break without long-term fire exclusion. 2. Reducing risk without burning An assessment has been made of the proposed 10 metre wide buffer along Light Street which is also the subject area of FESA’s recommended prescribed burn; this buffer is to excludes the verge but to extend 10 metres inwards from the bushland edge fronting Light Street. It does emerge from the assessment that much of the fuel loading (leaf litter and small twigs and branches) is accumulated immediately around significant trees principally Marri, some Jarrah and some Banksia. In total, there are approximately 38 trees within the Light Street buffer strip. It is therefore proposed that the leaf litter around these trees be raked up and removed as a means of reducing fuel loading on the bushland floor. Leaf litter removal around significant trees will also ensure that these trees are protected against flaring and scorching of the trunk and canopies in the event of a bushfire; this is usually the main concern to neighbouring residences when embers from burning tree canopies arc across separating streets. Apart from the high fuel loading (20 tonnes per hectare) around the bases of significant trees, the assessment concluded that the rest of the bushland floor had relatively low fuel loading. It was also observed that this bushland floor was generally weed free with an understorey reaching vibrancy and one that showed the emergence of several wild flowers. The proposed measure of leaf litter removal must however be integrated with all other fire hazard reduction measures previously recommended by FESA. A Bushfire Hazard Reduction Plan for Dianella Regional Open Space is therefore advocated with the principal objectives of protection of human life, protection of property and protection of ecological integrity and biodiversity values. It will comprise the following:

Raking and removal of fuel loading viz leaf litter and small twigs and branches around significant trees within a 10 metre wide buffer strip of the bushland edge fronting Light Street;

Eradication of grasses and other weeds around old trees of habitat value;

Redefining all firebreaks by pruning back any encroaching vegetation to ensure the required vertical and horizontal clearances (this was commenced last year and is now complete);

Pruning back the canopies of particularly tall trees that overhang the Light Street verge to maximise the vertical clearance between bushland and private property across the street (this was commenced last year and is now complete);

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The creation of two new firebreak emergency vehicle access tracks with access points off Light Street and Morley Drive (this is currently being constructed under the 2005/06 Parks and Reserves capital works programme);

The identification and tagging of all dieback areas so that their locations are not lost in the event of a fire (this is now complete and the areas treated with phosphite and quarantine procedures implemented);

The definition and signage of all reserve entry/ exit points off Light Street and Morley Drive for easy identification by fire fighting vehicles;

Public awareness amongst all residents of Light Street of all aspect of the Bushfire Hazard Reduction Plan as implemented by the City and

Public education of all residents along Light Street with regard to the following (as also submitted by the Urban Bushland Council):

Ensure residents are aware of what to do in the event of bushfire

Ensure that house gutters are kept clear of leaf litter

Remove highly flammable material near and adjacent houses

Immediate shut down of evaporative air conditioners

Ensure that hoses are ready in summer to extinguish embers

Implement a community fire-watch scheme to ensure prompt reporting of fire sightings

Implement clear procedures for contact of emergency services. 3. Summary Prescribed burning in urban bushland is not recommended for the following reasons:

The segregated nature of bushland remnants and the history of frequent fires;

Burning leads to loss of bushland structure and biodiversity;

Weed invasion results because of reduced competition, increased light and nutrients;

The invasion of grassy weeds leads to the production of fine fuels that have high flammability and hot fires;

Burning will have to be carried out every 3 to 4 years to keep fuel loads at 8 tonnes per hectare;

The cycle of burning and weed invasion is hard to break without having to resort to frequent burning and

Burning at frequencies at less than twice the slowest maturing species is ecologically not sustainable.

Consultation/Communication Implications

It is vital that the Bushfire Hazard Reduction Plan be communicated to all residents of Light Street, Dianella, to seek their support and to ensure the effective implementation of the Plan.

Policy and Legislative Implications

The recommendations of this report are in keeping with Green Plan 2 – the City’s Strategy for Conservation of Urban Bushlands to Promote Biodiversity that advocates ‘a no-burn policy’ for bushlands of the City given the history of frequent fires in the past.

Financial Implications

Funds have already been allocated under the 2005/06 Parks and Reserves Capital Works Budget to undertake controlled burning in Dianella Regional Open Space should it be required.

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Strategic Implications The proposed actions are aimed at preserving the remnant vegetation by decreasing the opportunity for fire.

11.1/CS1 INSTALLATION OF CLOSED CIRCUIT TELEVISION CAMERAS AND OTHER PROTECTIVE SECURITY MEASURES THROUGHOUT THE CITY OF STIRLING

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Director Community Development

Business Unit: Community Safety

Ward: Not Applicable

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That Council NOTE and ENDORSE the continued use of Closed Circuit Television cameras including the establishment of a number of mobile units for temporary use in crime hot spots in high risk locations within the City of Stirling to support wider community safety strategies.

2. That City Officers INCLUDE treatment options for terrorist related activities in the City's Local Emergency Management Plan.

3. That City officers CONTINUE to liaise with the State Security Unit as part of the WA Police in order to maintain best practice for protective security measures and visibility of relevant threat levels.

The motion was put and declared CARRIED.

Committee Recommendation

1. That Council NOTE and ENDORSE the continued use of Closed Circuit Television cameras including the establishment of a number of mobile units for temporary use in crime hot spots in high risk locations within the City of Stirling to support wider community safety strategies.

2. That City Officers INCLUDE treatment options for terrorist related activities in the City's Local Emergency Management Plan.

3. That City officers CONTINUE to liaise with the State Security Unit as part of the WA Police in order to maintain best practice for protective security measures and visibility of relevant threat levels.

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Officer's Recommendation

1. That Council NOTE and ENDORSE the continued use of Closed Circuit Television cameras including the establishment of a number of mobile units for temporary use in crime hot spots in high risk locations within the City of Stirling to support wider community safety strategies.

2. That City Officers INCLUDE treatment options for terrorist related activities in the City's Local Emergency Management Plan.

3. That City officers CONTINUE to liaise with the State Security Unit as part of the WA Police in order to maintain best practice for protective security measures and visibility of relevant threat levels.

Report Purpose

This report outlines a strategy for the use and installation of Closed Circuit Television (CCTV) cameras throughout the City of Stirling. The report is provided in response to a request by Councillor Daniel. On 23 August 2005, the Council resolved; 13.3 COUNCILLOR DANIEL - INSTALLATION OF CCTV CAMERAS "That the City INVESTIGATE the need for additional CCTV cameras to be installed in high risk areas throughout its area, plus the need for any other security measures in the light of recent terrorist activities in various parts of the world."

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

From the subsequent investigations of terrorist bombings, specifically in London on 7 July 2005, the use of CCTV provided significant intelligence and assistance to the relevant authorities. The role of CCTV within Australia to assist in the prevention and investigation of terrorist activities was also discussed at the Federal and State level. The Prime Minister of Australia, Mr John Howard was reported to have commented on the extraordinary value of surveillance cameras used following the attack. Many agree that while the use of CCTV may not necessarily prevent such an attack from occuring it is a valuable tool that can be used to identify perpertrators and their associates. Current Use of CCTV Throughout the City of Stirling The Community Safety Business Unit currently utilises passive CCTV within a limited number of it’s buildings and in some public and car-park areas throughout the district. CCTV is primarily installed within the district to deter and assist with investigations into crime and anti-social behaviour. CCTV is also designed to increase levels of natural surveillance in public areas, which is a tenant of Crime Prevention Through Environmental Design (CPTED). The siting of CCTV and the signs that indicate their presence, both contribute in reducing the fear of crime and increasing perceptions of public safety.

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Whilst primarily located and used to deter crime within the City, by design they also support state-level counter terrorism strategies. Terrorist activities have traditionally focussed on critical infrastructure, however recently the trend has been towards public places with large population levels and maximum social impact. The use of CCTV within the City of Stirling provides surveillance of these types of areas, such as the Scarborough Beach precinct. CCTV was installed within the Scarborough Beach precinct approximately six years ago. This system will be upgraded as part of the Scarborough Environs Area Strategy (SEAS). Cameras are also currently used in a limited number of car parks where there are occurrences such as vandalism, stealing from motor vehicles, hooning and general antisocial behaviour. CCTV is also used in a number of customer service and cash receipting areas throughout the City. Two new CCTV projects are also proposed and/or underway as part of an overall crime reduction strategy, following funding by the Office of Crime Prevention. This includes part funding for the installation of CCTV within the Mirrabooka Regional Centre and also funding for a system at the Balga Plaza and nearby community precinct. Whereever possible, the ability to remotely access and monitor these CCTV networks is intended to be provided directly to the local police stations. The Community Safety Business Plan for 2005/2006 also includes a new initiative for the purchase and development of portable CCTV equipment to be used throughout the City. The portable CCTV equipment will provide greater flexibility for the City to be able to respond to a wider range of issues particularly crime hotspots. Whilst CCTV is designed to help reduce crime and the fear of crime at specific locations, CCTV will not achieve this on its own. Research evidence so far suggests that it can be an effective strategy in situational crime prevention at a local level, but only as one tool in a range of crime prevention strategies. The use of CCTV needs to form part of holistic and integrated protective security measures. The use of Crime Prevention Through Environmental Design (CPTED) principles is also integral to the overall crime prevention strategy and identifies the importance of design factors including the use and layout of lighting, access, landscape, street furniture, and CCTV. It is understood that the Perth Transport Authority (PTA) has applied the use of CPTED in a broader counter-terrorism strategy, supported by the use of CCTV, security patrolling and other protective security measures. State Security Unit The State Security Unit (SSU), as part of the WA Police, has been established to coordinate the State’s responsibilities for counter terrorism. Specifically, the SSU works with owners of critical infrastructure to disseminate relevant threat information and encourage best practice in terms of protective security strategies, including the use of CCTV. The protection of critical infrastructure is a multi-agency issue that requires coordination across numerous government agencies at all levels. The SSU and other relevant security authorities are responsible for investigating and identifying critical infrastructure across the community and working with the relevant owners to implement appropriate protective security measures. The Community Safety Business Unit has liaised with the SSU in terms of increasing the City’s understanding and role in the protection of critical infrastructure. On 22 August 2005, officers from the Community Safety Business Unit attended a Security Briefing for Critical Infrastructure Owners and Operators to maintain awareness of this issue.

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Comment

Design guidelines for future major area revitalisation projects including the Mirrabooka Regional Centre and the SEAS project, have included consideration for CCTV. There has also been consideration given to the laying of conduits for future cabling where CCTV may be considered in the future (e.g. Trigg Master Plan). As CPTED planning principles are progressively developed and adopted by the City, CCTV will continue to be a fundamental consideration for urban renewal and the development of commercial areas and regional and tourist centres. In all cases where CCTV is to be installed, the WA Police will be/are being consulted on the design and capability of the system. To-date and based on no identified need, the City of Stirling has not established a permanent CCTV monitoring facility. The majority of cameras in the City are digitally recorded and vision is provided to the WA Police as necessary and when requested. Central monitoring of a distributed CCTV network is possible with today’s technology, however there are significant ongoing costs associated with this. This capability does provide the City with the flexibility to establish monitoring of CCTV should it be necessary to do so. Terrorist related activities have been discussed at the Local Emergency Management Committee and have been included in the Major Risk Evaluations Register 2005. This document is in the final stages of development and will assist in determining relevant hazard plans as part of the Emergency Management Plan. It is proposed that this document will be completed and tabled to the Council in due course. The City should continue to utilise CCTV technology to support dedicated community security patrols and other community safety initiatives, in consultation with relevant authorities.

Consultation/Communication Implications

The Community Safety Business Unit will continue to liaise with the State Security Unit to monitor the requirement for CCTV throughout the City as a protective security measure. This will include attendance at future SSU security briefings and receiving bi-monthly Critical Infrastructure Protection newsletters.

Financial Implications

Funding provisions have been included as part of the overall project costs for both the SEAS and Mirrabooka Regional Centre (MRC) projects. Grant funding has also been approved from the Office of Crime Prevention for the value of $100,000 to assist with CCTV in the MRC, the Balga Plaza and nearby Community facilities. The council also approved an amount of $20,000 this financial year, for the purchase of portable CCTV to be used to monitor crime in hotspot locations.

Strategic Implications

It is important to note that the use of mobile and portable CCTV is a valuable option to assist with Crime hot-spots in the City. Equipment can be installed for the purpose of addressing specific crime problems and then relocated to other areas as and where necessary. The use of permanent fixed equipment is practical and suitable in locations such as tourist precincts, regional centres, carparks and other high use public use areas.

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11.1/CS2 MEALS ON WHEELS REPORT

Report Information

Location: City Wide

Applicant: Not Applicable

Reporting Officer: Director Community Development

Business Unit: Community Services

Ward: City Wide

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That Council APPROVE of the fee for Meals on Wheels increasing from $5.25 to $5.50 per delivered meal effective 1 January 2006.

2. That Council APPROVE an increase in the vehicle reimbursement from 50 to 52 cents per kilometre for City volunteer’s effective 30 October 2005.

The motion was put and declared CARRIED.

Committee Recommendation

1. That Council APPROVE of the fee for Meals on Wheels increasing from $5.25 to $5.50 per delivered meal effective 1 January 2006.

2. That Council APPROVE an increase in the vehicle reimbursement from 50 to 52 cents per kilometre for City volunteer’s effective 30 October 2005.

Officer's Recommendation

1. That Council APPROVE of the fee for Meals on Wheels increasing from $5.25 to $5.50 per delivered meal effective 1 January 2006.

2. That Council APPROVE an increase in the vehicle reimbursement from 50 to 52 cents per kilometre for City volunteer’s effective 30 October 2005.

Report Purpose

To seek approval of Council to make adjustments to the fees for Meals on Wheels and the volunteer reimbursement rate in response to increased fuel costs, that have effected production and delivery costs for the Meals on Wheels service

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Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

The City provides approximately six hundred, two course meals per day to City residents as part of the range of Community Services the City makes available. Meals are prepared at the meals on wheels kitchen in Balcatta and volunteers personally deliver the meals to the recipient. Volunteers are reimbursed by the City for the cost associated with the use of their own vehicles. This service model has been cost effective and provided a personal contact between the volunteer and the City resident on a daily basis. The fees charged for meals and volunteer reimbursements are considered and approved by Council each year and are based on industry trends and value for money considerations. During the 2005/06 budget process the Council approved an increase from $5.00 to $5.25 per meal. This was the first movement in the City’s charges for 18 months and the recommendation relates directly to the increased production costs. Council also approved an increase in the volunteer reimbursement rate from 48 to 50 cents per kilometre. When changes in fees occur, the City usually provides some notice, as the recipients are pensioners who have to make adjustments to their finances to meet the increased fees. Community Services were about to implement the approved price increases, but held on for the past four weeks to assess the impact of the fuel increases on this service. Fuel increases have been significant since the beginning of August and have risen by 25-30 cents per litre. The changes impact this service in two ways. Firstly the costs for food products used to prepare the meals for the clients are already increasing and are set to increase further over the next two months. Secondly the volunteers have been effected by fuel increases and some volunteers are advising they will not be able to absorb these increases and continue to deliver meals to City residents.

Comment

The City continually monitors the charges for the provision meals on wheels and the City of Stirling has always been able to provide meals at a value for money rate. Across the meals and wheels industry meals vary between $5.00 and $7.00 per meal. To accommodate for the changes in product and production cost, it is recommended that the City increase the fee for a two-course meal from $5.25 to $5.50 per meal. It is further recommended that this increase be effective from 1 January 2006, to give recipients advance notice and to minimise cost increases prior to Christmas. At this rate the City will still be providing a quality meal and service at a market level. Volunteer reimbursements are based on market levels and advice from the Australian Taxation Office (ATO). The ATO recommends rates based on vehicle engine capacity ranging from 52 to 63 cents per litre. The City has historically offered to reimburse volunteers at the minimum rate. This rate is more generous than most other councils. The rates of reimbursement need to be monitored carefully, so as not to create any taxation implications for volunteers.

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It is recommended that the City adjust its rate from the approved 50 cents to 52 cents per kilometre. On an average of 10 kilometres per litre, this will mean volunteers will be reimbursed an additional 20 cents per litre above the 2005/06 budget approved rate which gave an increase of 20 cents per litre. This increase will match the current fuel increases and should ensure retention of volunteers for meals on wheels delivery.

11.1/CS3 CHILDREN'S AND YOUTH PLAN REPORT

Report Information

Location: City Wide

Applicant: Not Applicable

Reporting Officer: Director Community Development

Business Unit: Community Services

Ward: City Wide

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That Council RECEIVE and ENDORSE the Children’s and Youth Plan prepared by the Community Services Business Unit.

2. That Council NOTE the Implementation and Resource Steps contained in this report. The motion was put and declared CARRIED.

Committee Recommendation

1. That Council RECEIVE and ENDORSE the Children’s and Youth Plan prepared by the Community Services Business Unit.

2. That Council NOTE the Implementation and Resource Steps contained in this report.

Officer's Recommendation

1. That Council RECEIVE and ENDORSE the Children’s and Youth Plan prepared by the Community Services Business Unit.

2. That Council NOTE the Implementation and Resource Steps contained in this report.

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Report Purpose

To advise Council of the content and development of the Children’s and Youth Plan and to seek approval of the strategic directions contained outlined in the Plan. This report also provides steps for Implementation and Resource Plan for Council to note. Progress reports will be provided to Council on a quarterly basis.

Relevant Documents Attachments: Nil. Available for viewing at the meeting: Children’s and Youth Plan with Appendices (Circulated to

Councillors under separate cover) Tax sheet: Nil.

Background

The City has provided a comprehensive range of services and programs for children and young people for a number of years. These programs are generally highly regarded in the community, however the City has until now had no formal plan for collectively promoting the services and programs, nor determining the future directions for these services. The services and programs are provided by a number of Business Units in the City and whilst each has plans for future development, it was apparent that the development of a City based Children’s and Youth Plan would combine initiatives, strategies and resources in a planned way to maximise the benefit to the community in particular the children, young people and their families. The need for the enhancement of children’s and youth strategies was also identified in the City of Stirling Strategic Plan and the recent Community Needs Study. The City has comprehensive strategies aimed at youth, though some development is important. Programs for children are highly successful, but the numbers of participants are constrained – there are opportunities for better integration of children’s strategies based on expanding support for families. The strategic planning process has included:

Consultation and input from all City Directorates

Community consultation

Comparison with other Perth local governments

Review of the services provided by non government organisations

Research of children’s and youth issues Details of the research and consultation can be found in the Children’s and Youth Plan Appendices document. Ten strategy areas have been defined for Children and Youth, including:

Recreation & Leisure

Entertainment & Events

Employment, Education & Training

Health

Family & Youth Support

Law & Safety

Communication & Consultation

Access and Transport

Housing & Accommodation

Inclusion & Diversity

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Existing strategies, programs and facilities have been aligned to these ten areas and new initiatives have been initiatives defined where important opportunities have been revealed. The strategies are included in the Children’s and Youth Plan, along with actions, responsibilities and timeframes. The roles for the City include:

Understand community needs and services from all providers

Connect members of the community to the services they need

Assist external providers to developing the services to satisfy community needs The City does not need to respond to all needs by committing its own resources. A number of models are available under which additional services and programs can be provided:

Directly supply the service (by the City)

Sponsor the service provision by another organisation

Partner with another organisation in the provision of the service

Facilitate the provision of a service by an another organisation

Redirect requests for a service to another organisation The major shift in this plan is for the City to take a community leadership and coordination role and initiate sponsorship, partnerships and community ownership to ensure that activities and services for children and young people and their families are progressive based on community needs and based more accessible. Key Recommendations of the Children’s and Youth Plan To implement the Children’s and Youth Plan it is recommended that: 1. The Youth Services Coordinator establish and chair the Children's and Youth Reference

Group to coordinate all strategies, activities and programs across the City, thus ensuring all services are streamlines, add best value and avoid duplication.

2. The City maintains its commitment to developing and organising recreational and leisure

programmes that promote a variety of places and spaces, including structured and unstructured activities.

3. The City focuses on the community and develops partnerships, to provide children, youth

and family friendly localised events. 4. The City expands and develops links with existing services to develop programmes to

support young people to access relevant education and training aimed at improving employment opportunities.

5. The City will provide opportunities for the community to access information and services

through a link to multipurpose facilities, family friendly health professionals and existing programmes.

6. The City act as an information base, supporting existing programmes that offer support to

youth and families and ensuring access to appropriate services through advocacy. 7. The City will promote and ensure safety in youth and family friendly places and spaces by

developing initiatives that focus on personal and public safety. 8. The City continues to increase two-way communication and providing timely information on

all activities, services and events for children, young people and their families.

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9. The City promotes communication between service providers to improve access and participation, and identify transport issues that present barriers.

10. The City provides an information base to children, youth and their families seeking referral

and advocacy in addressing their accommodation needs. 11. The City develop policy frameworks and checklists to ensure children, youth and their

families have the opportunity to celebrate, express and participate in their cultures/journeys through appropriate and relevant programmes and activities.

Comment

The adoption of this Plan will make a significant impact in the way the City plans and undertakes activities for children, youth and their families. This Plan is unique because: 1. This Plan encapsulates the activities, services and initiatives for children and young people

across the City and is not limited to an individual Business Unit or Directorate. 2. For the first time the Plan includes children aged 0 to 12 and youth aged 13 to 25 within the

one plan. Other Plans do not have specific strategies for children aged 0 to 12 and our consultation revealed that the community would like continuity of services from developmental stages to adulthood.

3. The City will take a leadership and coordination role rather than just delivering services. 4. The City will become a reference point for decisions regarding new initiatives and programs

for children and young people within the City. For example, the development of new playgroups.

5. The City will provide an advisory and referral service for young people. 6. This Plan will introduce the concepts of "Family Friendly" activities, services and events for

children and their families and "Youth Friendly" activities, services and events for young people developing independence.

7. The Plan provides the framework for the City to respond quickly to new directions and areas of concern in the community.

The Children’s and Youth Plan provides the opportunity for the City to take a proactive and leadership role in the provision of activities and services for children and young people within the City of Stirling. It will also provide a policy framework to enable Council to consistently respond to community expectations of services and activities for young people, whilst maintaining flexibility to respond to changing community needs and trends. Implementation and Resource Steps The key steps to implementing and resourcing this plan are: Council approval of the Children’s and Youth Plan October 2005 Establish Children’s and Youth Reference Group November 2005 Review and realignment of existing resources February 2006 Formal launch of the Children’s and Youth Plan March 2006 (Link to National Youth Week) Detailed resource plan for 2006/07 budget April 2006

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Financial Implications

The Community Development Directorate believes that most of the initiatives outlined in the Plan can be implemented using existing resources. As indicated above, there will need to be a review and realignment of existing resources for this to occur. It is anticipated that this will be complete by February 2006. Initiatives for the 2005/06 period will be prioritised based on the availability of existing staffing and financial resources within approved budgets. Initiatives for 2006 and beyond will be included in the Resource Plan for the 2006/07 budget submission.

Strategic Implications The Children's and Youth Plan provides Council with a framework to meet Key Result Area 1.2.7 of the 2004/08 Strategic Plan ("Review and extend youth services and activities"). The new Plan will also assist Council during its overall Strategic Planning session in November 2005. In addition, the Plan identifies, for key stakeholders, clear direction for children and youth services within the City. This is a significant Plan for the City and has included extensive consultation with the community and review of the City’s community needs analysis. If adopted this Plan will provide the framework for continued development of Children’s and Youth activities and services for the next 3-5 years.

11.1/CS4 WEST AUSTRALIAN SYMPHONY ORCHESTRA - PROPOSED EVENT, LAKE KARRINYUP COUNTRY CLUB

Report Information

Location: Lake Karrinyup Country Club, City of Stirling

Applicant: West Australian Symphony Orchestra (WASO)

Reporting Officer: Director Community Development

Ward: Hamersley

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel. That Council APPROVE sponsorship to the West Australian Symphony Orchestra event to be held 28 & 29 January 2006 at the Lake Karrinyup Country Club at an estimated in-kind contribution of $11,190. The motion was put and declared CARRIED.

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Committee Recommendation That Council APPROVE sponsorship to the West Australian Symphony Orchestra event to be held 28 & 29 January 2006 at the Lake Karrinyup Country Club at an estimated in-kind contribution of $11,190.

Officer's Recommendation

That Council APPROVE sponsorship to the West Australian Symphony Orchestra event to be held 28 & 29 January 2006 at the Lake Karrinyup Country Club at an estimated in-kind contribution of $11,190.

Report Purpose

To seek Council approval to support via an in-kind and expenditure costs contribution to the WASO opera event to be held at Lake Karrinyup Country Club on 28 and 29 January 2006.

Background

The City of Stirling has received a proposal to support a major cultural event on Saturday and Sunday evening of the long weekend in January 2006. One of the world’s most beloved artists, Dame Kiri Kanawa will join the West Australian Symphony Orchestra and the West Australian Opera Chorus for two (2) evenings of popular opera classics together with some of her favourite songs from the world of musicians under the stars of the superb Lake Karrinyup Country Club. This event is a major highlight of the WASO 2006 season that contains 16 events. Previously this event was staged at the Sandalford Winery in the Swan Valley and has attracted up to 6000 people on each evening. WASO were keen to re-establish the event to a more central location in order to further enhance access, promote and grow the event into developing markets. The Karrinyup Country Club have embraced this concept and will open their venue to the wider community to enjoy what can only be described as significant cultural coup for the residents of the City of Stirling. In addition, the WASO Chief Executive Officer has committed the event at this venue for a minimum period of three (3) years.

WASO envisage that between 5-6000 people will attend each evening of the event and have requested that the City of Stirling manage external car parking areas, waste management, Traffic Management including external signage and Rangers to assist with policing of parking external to the venue. WASO advise that at least 50% of people attending the events will be local to the City of Stirling. Proposal WASO propose that the City of Stirling become a strategic sponsor of the event, whilst it is recognised that the City has the capacity to perform the functions requested, there will be additional costs involved which include rubbish collection, additional Ranger and Security Staff, traffic management, parking control and increased security lighting to the value of $11,190 to cover the event.

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WASO indicate on passed experience that parking for 2370 vehicles is required. As such they have negotiated with the Country Club to provide 750 parking bays inside the Club. WASO will provide a shuttle service from the Carine overflow parking site to the Club and return when required. The event will be run over two (2) days with the gates open at 5pm and each performance expected to finish at 10pm. Council Officers have held preliminary discussions with WASO and are confident the request for assistance can be achieved with minimal disruption to City operations and the local community. ACKNOWLEDGMENT & RECOGNITION OF COUNCILS CONTRIBUTION

City of Stirling is entitled to show two (2) television commercials on the video screens at the Emirates WASO at Lake Karrinyup concert both pre-concert and at either interval or post-show. Television commercials must be received in the appropriate format 6 weeks prior to the concert. The opportunity for City of Stirling to display two (2) approved City of Stirling advertising banners at the Emirates WASO at Lake Karrinyup venue over the two (2) evening performances. City of Stirling to liaise with the Executive Manager Corporate Development regarding banner delivery dates, banner placement and banner erection. Annual advertisement in The West Australian newspaper publicly acknowledging City of Stirling as one of WASO’s Partners in the special category of "Emirates WASO at Lake Karrinyup Partner". Acknowledgment by logo of City of Stirling in the category of "Emirates WASO at Lake Karrinyup Partner" in the Corporate Partners pages in every printed concert program for St John of God Health Care Masters, Plan B Financial Services Great Classics, Ernst and Young Contempo and the Morning Symphony series concerts (approximately 15,000 copies per year). Acknowledgment by logo of City of Stirling in the annual Concert Season Subscription Brochure (approximately 50,000 copies per year). Acknowledgment by logo of City of Stirling in annual Concert Season Pocket Diary (approximately 50,000 copies per year). Acknowledgment by logo of City of Stirling in quarterly DL brochures (approximately 75,000 brochures per year). Acknowledgment by logo of City of Stirling in the special category of "Emirates WASO at Lake Karrinyup Partner" on the WASO Corporate Partner’s Board on display in the WASO Corporate Lounge, foyer areas of the Perth Concert Hall and other performance venues. The right for City of Stirling to state itself as an official Emirates WASO at Lake Karrinyup Corporate Partner of the WASO.

WASO additionally seeks to support the sponsorship through provision where possible of media and other PR opportunities. WASO initiatives receive excellent media coverage and the Company seeks to identify and exploit all possible sponsor opportunities arising out of corporate partnership. WASO promotional material including concert diaries, quarterly DL’s, flyers and posters will be provided when available for use by City of Stirling.

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Comment

The Lake Karrinyup Country Club hosted the Jonnie Walker Golf Classic up until 2003, this popular event attracted similar numbers as proposed by the WASO event. However, in this case it is anticipated that crowds will be more concentrated in regards to time and movement and therefore more manageable in relation to potential disturbance to local residents. WASO will distribute flyers to local residents advising of the event, contact details and proposed management strategies. Tickets sold will clearly outline access to parking and directional signage off the Freeway and Marmion Avenue should lessen any potential congestion in localised streets. The WASO is a significant event and will provide a very unique opportunity for City of Stirling residents and is something that the City would not normally consider to provide unless in relationship with a substantial sponsor or partner.

Strategic Implications

As indicated recently to Elected Members the City’s Cultural Services area is currently under review. However, it is clearly evident to officers that one of the key objectives in shifting the City’s future service delivery will rely heavily on attracting, further developing and maintaining strategic partnerships with quality resourced professional providers. Through events and cultural opportunities for our local people, these partnerships are crucial in developing, supporting and sustaining our economic and social environment.

Financial Implications

It is anticipated the total cost to the City will be $11,190. City officers did not anticipate partnering with WASO in this event, as such funds were not budgeted for. However, it is likely that savings from the Cultural Services area will be realised in the 2005/06 Events Program to off-set Councils contribution. It needs to be noted that the anticipated cost of $11,190 is over and above what Council would normally provide as a community service to a significant event taking place within the City.

11.1/CS5 BALGA AQUATIC CENTRE REDEVELOPMENT - BUDGET AND DESIGN STATUS REPORT

Report Information

Location: Balga Aquatic Centre, Princess Road, Balga

Applicant: Not Applicable

Reporting Officer: Director Community Development

Ward: Balga

Business Unit: Recreation

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Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That the progress report for the Balga Aquatic Centre Redevelopment from the Director of Community Development be RECEIVED.

2. That Council ENDORSE the Balga Aquatic Centre Redevelopment option 1 which includes;

An 8 lane 25 metre indoor heated lap pool

350 sqm Leisure pool with beach access and turbo channel ride

120 sqm warm water programmable pool

200 sqm outdoor water playground

80 sqm programmable activity room

Office space, retail/kiosk serviced by reception and an integrated design to incorporate linkage to Balga Recreation Centre.

3. That Council LIST on the 2006/07 capital works budget a further amount of $2.597 million for the redevelopment of the Balga Aquatic Centre, from the Infrastructure Development Reserve Fund, bringing the total project cost to $9.147million (excluding GST).

4. That Council AUTHORISE the Chief Executive Officer to commence the necessary documentation to proceed with the project, including the calling of tenders for consultants and construction purposes.

5. That Council CONTINUE to seek funding from alternative sources to assist with the re-development of the Balga Aquatic Centre.

The motion was put and declared CARRIED.

Committee Recommendation

1 That the progress report for the Balga Aquatic Centre Redevelopment from the Director of Community Development be RECEIVED.

2. That Council ENDORSE the Balga Aquatic Centre Redevelopment option 1 which includes;

An 8 lane 25 metre indoor heated lap pool

350 sqm Leisure pool with beach access and turbo channel ride

120 sqm warm water programmable pool

200 sqm outdoor water playground

80 sqm programmable activity room

Office space, retail/kiosk serviced by reception and an integrated design to incorporate linkage to Balga Recreation Centre.

3. That Council LIST on the 2006/07 capital works budget a further amount of $2.597 million for the redevelopment of the Balga Aquatic Centre, from the Infrastructure Development Reserve Fund, bringing the total project cost to $9.147million (excluding GST).

4. That Council AUTHORISE the Chief Executive Officer to commence the necessary documentation to proceed with the project, including the calling of tenders for consultants and construction purposes.

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5. That Council CONTINUE to seek funding from alternative sources to assist with the re-development of the Balga Aquatic Centre.

Officer's Recommendation

1. That the progress report for the Balga Aquatic Centre Redevelopment from the Director of Community Development be RECEIVED.

2. That Council ENDORSE the Balga Aquatic Centre Redevelopment option 1 which includes;

An 8 lane 25 metre indoor heated lap pool

350 sqm Leisure pool with beach access and turbo channel ride

120 sqm warm water programmable pool

200 sqm outdoor water playground

80 sqm programmable activity room

Office space, retail/kiosk serviced by reception and an integrated design to incorporate linkage to Balga Recreation Centre.

3. That Council LIST on the 2006/07 capital works budget a further amount of $2.597 million for the redevelopment of the Balga Aquatic Centre, from the Infrastructure Development Reserve Fund, bringing the total project cost to $9.147million (excluding GST).

4. That Council AUTHORISE the Chief Executive Officer to commence the necessary documentation to proceed with the project, including the calling of tenders for consultants and construction purposes.

5. That Council CONTINUE to seek funding from alternative sources to assist with the re-development of the Balga Aquatic Centre.

Report Purpose

The purpose of this report is for Council to review the two draft concept designs and respective cost plans for the Balga Aquatic Centre Redevelopment project, and to consider providing additional funding for the preferred design plan.

Relevant Documents

Attachments: Architects Concept Design Plans Available for viewing at the meeting: Surveyors Cost Plans

Background

On April 5th 2005, Council Resolved item CS14 in relation to the Balga Aquatic Centre Redevelopment:

"1. That Council ENDORSE the investigation of a Green Field site development for the Balga Aquatic Centre to include the features outlined in this report.

2. That Council NOTE that it will receive a detailed presentation of final concept drawing and a detailed cost plan from the project consultants in July 05."

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The investigation of a Green Field site development with the features outlined in the architectural brief was completed, in liaison and consultation with the Council appointed Balga Aquatic Centre Redevelopment Working Group. Council Officers then instructed the consultants to submit a second set of design and costs that were in keeping with the Council approved budget. In early August 2005, the consultants re-presented two (2) options for Council consideration. The first was a design in keeping with the project brief given to them by Council as part of their appointment and the second design was relative to the original budget approved for the project. The consulting architect and quantity surveyor presented these two options to the Balga Aquatic Centre Redevelopment Working Group on Monday 12 September 2005. At that meeting the committee moved a motion to recommend to Council that; “The committee recommend to Council the progress with Option 1 as the preferred design and Council increase the project budget whilst seeking additional Government funding opportunities.” Further Working Group Comment - The basis of increased expenditure is to develop a facility to meet the current standards provided by the City of Stirling at their other aquatic centre in Inglewood. Based on the experience with the Terry Tyzack Aquatic Centre, the City should ensure a suitable outcome in terms of “value for money” and also a centre that meets the reasonable expectations of the community is constructed. Option 1 – Architectural Brief - Above Current Budget Allocation The architectural project brief as instructed by the Working Group contained design features as specified for the new development as essential components to meet community needs and operational efficiencies. They included:

An 8 lane 25 metre indoor heated lap pool

350 sqm Leisure pool with beach access and turbo channel ride

120 sqm warm water programmable pool

200 sqm outdoor water playground

80 sqm programmable activity room

Office space, retail/kiosk serviced by reception and an integrated design to incorporate linkage to Balga Recreation Centre.

This option is costed at $9.147 million (excluding GST) Option 2 – Design Closest to Current Approved Budget This option is in keeping with the approved budget of $6.55 million and includes the following:

A 6 lane 25 m heated indoor lap pool

200 sqm Leisure pool with beach access and turbo channel ride

No warm water programmable pool

No outdoor water playground

No programmable activity room

Office space, retail/kiosk serviced by reception and an integrated design to incorporate linkage to Balga Recreation Centre.

This option is costed at $7.286 million, which is $836,000 over the approved budget.

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Operational Costs Both options were presented in a report to the Executive Management prior to submitting to Council (Copies of report to be tabled). In that report indicative operational cost models exclusive of corporate overheads and depreciation were developed as follows:

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INDICATIVE ESTIMATES

Balga Aquatic Centre Financial Scenarios

Original 2003 Plan $6,450,000

2005 Option 1 Plan (per Brief) $9,147,363

2005 Option 2 Plan (per Budget) $7,286,504

Income Category $ ATT $ ATT $ ATT

LTS $340,000 40000 $480,000 48000 $360,000 36000

Aqua $18,533 2808 $20,592 3120 $18,000 1800

Aqua concession $15,725 2808 $17,472 3120 $12,600 1800

Mini Squads $24,336 2880 $27,040 3200 $19,000 1900

Ed Dept In term $64,800 36000 $72,000 40000 $50,000 25000

Ed Dept Vac $2,700 1500 $7,200 3600 $3,000 1500

Casual Adult $47,250 13500 $52,500 15000 $48,750 12500

Multi Adult (10) $14,175 4500 $15,750 5000 $14,040 4000

Casual Child $18,000 7200 $20,000 8000 $16,820 5800

Multi Child (10) $8,100 3600 $9,000 4000 $7,300 2800

Concession $15,750 6300 $17,500 7000 $16,820 5800

Concess. Multi (10) $6,075 2700 $6,750 3000 $5,175 2300

Spectator $2,700 1800 $3,000 2000 $1,500 1000

Spectator Multi (10) $9,720 7200 $10,800 8000 $5400 4000

Family $9,180 3600 $10,200 4000 $8,400 2800

Kiosk $10,000 $12,500 $12,500

Pool subsidy $3,000 $3,000 $3,000

Retail $25,000 $30,000 $30,000

Programmes (BRC) $7,500 1500 $7,500 1500

Facility Hire (BRC) $15,000 2000 $15,000 2000

Total $635,044 136396 $837,804 160540 $654,805 112,500

Expenditure Category

F/T Wages + On costs $290,000 $340,000 $340,000

Cas. Wages + On costs $263,000 $285,000 $225,000

Marketing $18,000 $20,000 $20,000

Utilities gas $85,500 $95,500 $88,500

Utilities power $43,000 $47,000 $43,000

COGS $15,000 $18,000 $17,000

Waste removal $2,000 $2,500 $2,500

Water $10,500 $12,000 $12,000

Chemicals $17,000 $20,000 $20,000

Cleaning Costs $10,000 $15,000 $15,000

Maintenance $20,000 $27,000 $27,000

Staff Training/Development $10,000 $15,000 $15,000

Uniforms/Protective Clothing $5,000 $6,500 $5,000

Surrounds $9,000 $10,000 $10,000

Insurance $6,000 $7,000 $7,000

Office costs $32,500 $36,000 $36,000

Equipment costs $7,000 $8,500 $8,500

Program costs $14,000 $18,000 $15,000

First aid $2,000 $2,700 $2,700

Consumables $2,000 $2,000 $2,000

Security $9,000 $10,000 $10,000

Staff costs $2,000 $2,000 $2,100

Corporate overheads ? ? ?

Depreciation ? ? ?

Total $872,500 $999,700 $923,300

NET RESULT -$237,456 -$161,351 -$268,495

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Operation Costs - Summary Option 1 – Deficit = $161,351 (per annum) – Attendance 160,540 ($1.00 per person) Option 2 – Deficit = $268,495 (per annum) – Attendance 112,500 ($2.38 per person) When comparing both indicative models it is likely that to build the very basic version (option 2) will cost Council more in the long run, over $100,000 per annum with less participation. It is worth noting that last financial year the Balga Aquatic Centre had an operational loss of $130,000 for a six (6) month season with an attendance of 45,000 ($2.88 per person). If this were extrapolated over a twelve (12) month term the likely scenario would have been about $350,000 with an approximate attendance of 70,000 ($5.00 per person).

Comment

As shown by the operational cost projections the key areas for greater economic and participation levels are in the Leisure Pool, Program Pool, Activity Room and Outdoor Water Playground. Ideally these components are now regarded as essentials in contemporary aquatic facility structures. In the case of this project all aspects in option 1 were highlighted through the needs analysis phase, clearly demonstrating that the local community expects more than just the previous cold-water lap pool or a cover over a six lane heated pool. The demographics of the area are changing rapidly with a strong mix of seniors, family’s and young people existing or shifting into the area. Option 1 will no only cater for these changing needs but if managed in the manner suspected by recreation staff may prove to be operationally cost neutral to Council over time. The operational forecasts take into account aquatic facilities in close proximity including the catchment area for the Terry Tyzack Aquatic Centre (TTAC). No net operational impact is envisage on the facility in Inglewood because current data tells us that the TTAC is not drawing heavily on the current Balga/Westminster and surrounds client base, in addition programs at the TTAC are full in the revenue generating areas such as learn to swim, aqua classes and school use. More likely the redeveloped Balga Aquatic Centre will impact on the Craigie Leisure Centre and the Ballajura Aquatic Centre, even then it is likely to be marginal. Generally aquatic facilities, if designed right, perform well inland of coastal areas, largely due to access opportunities.

Options There are essentially three (3) options for Council to consider:

Do nothing – However there exists an expectation in the community that a re-development will occur and based on the needs study a facility of quality is required.

Option 2 – Regarded as the basic version of aquatic provision by today’s standards. The concern with this option is the likely community disappointment and the overall viability due to design shortfall.

Option 1 - The recommended design option, will ensure that Council builds a contemporary state of the art localised aquatic facility that will meet the existing and future needs of this changing community for years to come. In addition, design option 1 is sustainable in an economic, environmental and social sense. Council was visionary when developing the Terry Tyzack Aquatic Centre in regard to design and overall function. This vision has resulted in a sustainable venue that is heavily used by the local and wider community.

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Financial Implications

It's clear that costs to undertake this project have increased versus the budget approved by Council in April 2004, the reasons for this are as follows:

The original $6.1 million budget ($5.4m Council & $700k State Government) allocated for this project was primarily for the redevelopment of the existing Balga Aquatic Centre facility at it’s original site.

The State Government then offered an additional $450,000 for Geo Thermal Heating, which is yet to be established as a viable option. Geo Thermal indicatively costs $1million to install; this meant that the project budget of $6.1m had to contribute possibly up to $550,000.

Council then resolved to undertake the project on a “green field” site and push the building up to Princess Road and attach it to the existing Recreation Centre, this necessitated the inclusion of additional service item and earthworks.

Due to the time elapsed since Council endorsed the project budget escalation costs have risen, as has the cost of building any type of infrastructure projects, in some case up to 23%.

New Department of Health regulations, soon to be gazetted, have required that additional funds be expended in the plant or mechanical area of new aquatic facilities. Older facilities are given time to adapt their plant functions to meet the new design guidelines.

Additional Funding Sources

Council Officers have met with the Director Resource Management to discuss the availability of additional resources should Council resolved to proceed with any option, in particular with the recommended option 1. There is currently $5.4 million in the Infrastructure Development Fund (Reserve) for infrastructure projects deemed essential by Council. Another potential funding strategy is for Council to set aside funds in next years budget to top up the desired development option. In addition, a Council delegation headed by the Mayor recently met with the local Federal Member Michael Keenan to discuss the Federal Government providing funds for this project as part of the Federal Governments Stronger Families & Communities strategy. Mr Keenan has advised that he will take up this matter with his Federal counterparts to seek additional financial assistance to the value of $2.6 million.

Consultation/Communication Implications

Based on Councils recommendation in May 2004 to establish the Balga Aquatic Centre Redevelopment Working Group consisting of Councillors, Council Officers and Local Community Representatives, there is a clear level of community consultation in the planning phase of the project. It is expected that the three community representatives and the local Councillors will be reporting back to their respective committees and communities on the progress of the project and objectively represent their constituents to ensure appropriate outcomes are achieved for the community. In July 2005, Council also included the Director Planning and Development and the Manager City Building Operations to the Working Group.

Policy and Legislative Implications

Not Applicable

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Strategic Implications

The strategic opportunity with this development is that significant works can be undertaken on the Balga Recreation Centre, which is located in the same precinct as the Pool. The Balga Recreation Centre is in dire need for further capital refurbishments in the next few years and the opportunity to combine these two projects will deliver significant savings to Council, thus delivering additional recreation opportunities to the local community. Councillor McFarlane disclosed an interest affecting impartiality in Item 11.1/CS6 as she is patron of Scarborough Surf Life Saving Club, Osborne Park Bowling Club and vice patron of Trigg Island Surf Life Saving Club Councillor Michael disclosed an interest affecting impartiality in Item 11.1/CS6 as he works in the office of the Member for Yokine who is also the Minister for Sport and Recreation. He is also a patron of the Osborne Park-Bowling Club.

11.1/CS6 APPLICATIONS FOR FUNDING - COMMUNITY SPORTING AND RECREATION FACILITIES FUND (CSRFF) 2006 -07

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Director Community Development

Ward: Not Applicable

Council Resolution

Moved Councillor Copley, seconded Councillor Daniel.

1. That the report on the Community Sporting and Recreation Facilities Fund (CSRFF) grants by the Director Community Development dated 3 October 2005, be RECEIVED.

2. That the applications and their associated prioritisations listed below, be FORWARDED to the Department of Sport and Recreation WA with Council comments.

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TOTAL COST COS CONTRIBUTION

REQUESTED Priority 1

City of Stirling Sports Field Lighting $191,177 $127,451

1. Scarboro Surf Life Saving Club $492,480 $169,290

2. Westside BMX Club $ 43,920 $ 15,192

3. Osborne Park Bowling Club $186,177 $ 62,059

4. North Beach Tennis Club $ 18,150 $ 6,050

Priority 2

5. Dianella White Eagles Soccer Club $740,000 $246,000

Priority 3

6. Wembley Downs Soccer Club $700,000 $235,000

7. Northern Districts Model Eng Society $ 88,354 $ 17,797

8. Mt Lawley Bowling Club $160,000 $ 55,000

9. Yokine Districts Bowling Club $ 18,000 $ 6,000

10. Trigg Island Surf Life Saving Club $583,000 $250,000

Total $3,221,258 $1,189,839

The motion was put and declared CARRIED.

Committee Recommendation

1. That the report on the Community Sporting and Recreation Facilities Fund (CSRFF) grants by the Director Community Development dated 3 October 2005, be RECEIVED.

2. That the applications and their associated prioritisations listed below, be FORWARDED to the Department of Sport and Recreation WA with Council comments.

TOTAL COST COS CONTRIBUTION

REQUESTED Priority 1

City of Stirling Sports Field Lighting $191,177 $127,451

1. Scarboro Surf Life Saving Club $492,480 $169,290

2. Westside BMX Club $ 43,920 $ 15,192

3. Osborne Park Bowling Club $186,177 $ 62,059

4. North Beach Tennis Club $ 18,150 $ 6,050

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Priority 2

5. Dianella White Eagles Soccer Club $740,000 $246,000

Priority 3

6. Wembley Downs Soccer Club $700,000 $235,000

7. Northern Districts Model Eng Society $ 88,354 $ 17,797

8. Mt Lawley Bowling Club $160,000 $ 55,000

9. Yokine Districts Bowling Club $ 18,000 $ 6,000

10. Trigg Island Surf Life Saving Club $583,000 $250,000

Total $3,221,258 $1,189,839

Officer's Recommendation

1. That the report on the Community Sporting and Recreation Facilities Fund (CSRFF) grants by the Director Community Development dated 3 October 2005, be RECEIVED.

2. That the applications and their associated prioritisations listed below, be FORWARDED to the Department of Sport and Recreation WA with Council comments.

TOTAL COST COS CONTRIBUTION

REQUESTED Priority 1

City of Stirling Sports Field Lighting $191,177 $127,451

1.Scarboro Surf Life Saving Club $492,480 $169,290

2.Westside BMX Club $ 43,920 $ 15,192

3.Osborne Park Bowling Club $186,177 $ 62,059

4.North Beach Tennis Club $ 18,150 $ 6,050

Priority 2

5.Dianella White Eagles Soccer Club $740,000 $246,000

Priority 3

6.Wembley Downs Soccer Club $700,000 $235,000

7.Northern Districts Model Eng Society $ 88,354 $ 17,797

8.Mt Lawley Bowling Club $160,000 $ 55,000

9.Yokine Districts Bowling Club $ 18,000 $ 6,000

10.Trigg Island Surf Life Saving Club $583,000 $250,000

Total $3,221,258 $1,189,839

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Report Purpose

To advise Council of the applications received under the Department of Sport and Recreation WA Community Sport and Recreation Facilities Fund (CSRFF) programme and to seek approval of the priority rating in order that they are submitted to the Department of Sport and Recreation WA by the closing date of 28 October 2005.

Relevant Documents

Attachments: CSRFF Overview including Eligibility and Assessment Criteria and Summary of Applications for CSRFF Funding – 2006-07

Available for viewing at the meeting: Nil.

Background

The Western Australian Government, through the CSRFF programme, is committed to providing funds for the ongoing development of facilities for sport and recreation. It is also committed to achieving effective use of these funds through improved planning, design and management of sport and recreation facilities. Attachment One (1) provides a comprehensive overview of the funding eligibility criteria, general principles and guidelines. When assessing and making recommendations to Council, Officers utilise the Department of Sport and Recreations process as well as the City’s adopted Leisure Planning Principles and Guidelines. In addition, Officers take into account priorities on a citywide basis and the wider recreational needs of residents that may not be attached to the Club system. Applicants at the proposal stage are advised of the process for assessment and at no time do Officers indicate where a particular project might rate. It is clearly explained that this is a Council determination. Council submissions do not complete with their local community submissions. Although the City may rank a project low this does not mean that it wouldn’t be approved by the Department of Sport and Recreation. In the past many projects have been funded that have not be rated as the Local Governments priority choice. However, in general the Department follows the ranking priority of the Local Government. The City of Stirling has been very successful in recent times in attracting funds from the Department of Sport and Recreation, this can be attributed to Councils rigorous process of assessment, for example last year 6 of 6 applications submitted were successful. It should also be noted that although the City does not have a 50/50 Funding Policy as in the past, applications not funded through the Department of Sport and Recreations process can be considered by Council in May through the normal budgeting process, Officers will provide a report in this regard. Officers Priority Ranking Process

Officers have ranked all community projects priority 1, 2 or 3. Priority one projects are those that are likely to be funded by the Department of Sport and Recreation and fit within the general framework of Council funding (CSRFF) projects to the value of approximately $250,000 per annum.

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Priority two projects are those that Officers recognise as being needed in the medium term and may be funded by DSR. However, because of demands on City funds would recommend that they be placed at a later time. In relation to this year’s submissions, Officers would recommend that the Dianella White Eagles Soccer Club project, if successful in obtaining funding from DSR, be considered by Council for its contribution in 2007/08.

Priority three projects are those that Officers recommend should not be considered to be funded by Council even if they are successful in obtaining DSR funding. Priority three projects need to be further research and substantiated before funding consideration by the City.

Applications for Funding – City of Stirling Floodlighting Upgrades In March 2004 Council resolved to endorse the long-term priority replacement and preventative maintenance schedule for sports field lighting within the City to ensure that all floodlighting, in time, meets the relevant Australian Standards. This application is for the upgrading of sports field lighting to Australian Standards on five (5) of the City’s active reserves. Financial Details City of Stirling $127,451 CSRFF $ 63,726 TOTAL $191,177

Comment

1. The five reserves identified as priorities for upgrading are: Carine Regional Open Space – East (3 poles – estimated cost $44,968), Charles Riley Reserve – Lower (3 poles – estimated cost $44,231), Richard Guelfi Reserve (2 poles – estimated cost $29,217), Walter Road Reserve (2 poles – estimated cost $43,809) and Wordsworth Reserve (2 poles – estimated cost $28,952). All quotes include GST.

2. The City needs to meet its duty of care in relation to users of its reserves where the

floodlighting does not meet the industry requirements as stipulated in the Australian Standards.

3. The upgrading schedule will be adjusted on a needs basis and will be dependent on

factors such as existing floodlight provision, club size, reserve utilisation capacity and player safety.

4. Officers have discussed this application with the Department of Sport and Recreation and

the project is deemed worthy of support. Applications for Funding – Community Organisations (Priority 1) - Scarboro Surf Life Saving Club – The Esplanade, Scarborough – Building Extensions and Alterations The Club has submitted a CSRFF application for building extensions and alterations.

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Financial Details Scarbororo Surf Life Saving Club $153,900 City of Stirling $169,290 CSRFF $169,290 Total $492,480

Comment

1. The proposed major works are scheduled to be completed prior to the 2007 Australian Surf Life Saving Championships. Scarboro Surf Life Saving Club will be a focal point for the event, which will be staged at Scarborough Beach for three consecutive years.

2. The list of works includes: re-roofing, internal refurbishments, additional toilets, function

area refurbishments, outdoor patio, enclosure of walkway and an entry statement. 3. It is clear that the current building will now remain as a part of the SEAS project. The

Clubrooms are in need of upgrading to accommodate a large and growing membership. The Club is prepared and has the capacity to meet its 1/3 required contribution to the project.

4. It is likely that DSR will give strong consideration to this application because of the

impending 2007 – 2009 Australian Surf Life Saving Championships. 5. Recommended for Council contribution if funded by DSR. (Priority 1) - Westside BMX Club – Vasto Place, Balcatta – Upgrade to Track and Floodlighting The Club has submitted a CSRFF application to upgrade its track and floodlighting. Financial Details Westside BMX Club $15,191 City of Stirling $15,192 CSRFF $13,537 Total $43,920

Comment

1. The proposed upgrading of the floodlighting will improve safety and will increase participation by making the facility available after dark.

2. The proposed improvements to the track will also improve safety for riders and more

attractive for hosting state titles in the future. 3. Discussions with the Club have revealed a need for building upgrades in the near future,

however at the clubs request, track and lighting upgrades are considered the immediate priority.

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4. The Club has been operating a popular school holiday programme with support from the City, over 60 children are members of the club and the growth factor is high. This is the only recognised BMX facility ion the City for what is still regarded as a very popular sporting and recreational activity for young people. Given the current and potential use of the facility, the proposal should be supported.

5. Recommended for Council contribution if funded by DSR. (Priority 1) - Osborne Park Bowling Club – Cnr Park and Eldorado Streets, Tuart Hill – Synthetic Bowling Green. The Club has submitted a CSRFF application to install a synthetic bowling green to replace an existing grass green. It is designed to create the opportunity for increased access by members, especially at night and during the winter, whist at the same time reducing the Club’s operating costs. Financial Details Osborne Park Bowling Club $ 62,059 City of Stirling $ 62,059 CSRFF $ 62,059 TOTAL $186,177

Comment

1. The proposal is consistent with the “Strategic Directions for Lawn Bowls Facilities in the Perth Metropolitan Region”, a detailed study completed in March 2003. Of the ten bowling clubs in the City of Stirling, Osborne Park was identified as one of four that should remain as “stand alone” organisations.

2. City Officers have discussed this project with the Department of Sport and Recreation

and have been advised that funding for one synthetic green could be supported. 3. Two other synthetic greens have been installed recently in the City of Stirling, at

Doubleview Bowling Club three years ago and at Yokine Districts Bowling Club earlier this year. Both have proven to be successful.

4. City Officers concur with the Club’s opinion that this project will assist in maintaining the

Club’s long-term viability as a leading bowling club in Western Australia. 5. Recommended for Council contribution if funded by DSR. (Priority 1) - North Beach Tennis Club – Kitchener Street, North Beach – Floodlight Upgrading

The Club has submitted a CSRFF application for upgrading the floodlighting on two of its hardstand courts.

Financial Details

North Beach Tennis Club $ 6,050 City of Stirling $ 6,050 CSRFF $ 6,050 Total $18,150

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Comment

1. The proposed upgrade will bring the courts up to the required Australian Standard and

will provide better and safer conditions for members and the public. 2. There has been an increasing demand for evening play from members and the public, so

the upgrade should enhance the usage of the facility. 3. Similar requests for funding of projects of this type in the past have been supported by the

City and the Department of Sport and Recreation. 4. Recommended for Council contribution if funded by DSR. (Priority 2) - Dianella White Eagles Soccer Club – Dianella Reserve No 3, Morley Drive, Dianella – New Clubrooms The Club has submitted a CSRFF application for the construction of new clubrooms. Financial Details Dianella White Eagles $110,000 City of Stirling $246,000 CSRFF $246,000 Other $138,000 Total $740,000

Comment

1. This is an application for a Forward Planning Grant for the construction of new clubrooms. However, it is the integral component of a three-staged plan including the realignment of playing fields, a footpath, fencing, extension of covered viewing area, a playground, additional car parking and floodlighting (total estimated cost $1,555,586).

2. This proposal is being considered as a component of the City’s “Dianella Precinct Master

Planning Study”.

3. The Club is experiencing massive growth and has the capacity to fund their 1/3 component to this project.

4. Recommended for Council contribution if funded by DSR in 2007/08 (Priority 3) - Wembley Downs Soccer Club – Calais Road, Scarborough – New Clubrooms The Club has submitted a CSRFF application for the construction of new clubrooms. Financial Details

Wembley Downs Soccer Club $225,000 City of Stirling $235,000 CSRFF $240,000 Total $700,000

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1. The proposed two-storey building would be built into the bank at the reserve. The lower

level would include change rooms and storage, whereas the upper level would include a social area with a balcony.

2. The existing clubrooms were built in 1984 and have a capacity of 140. The club has

grown to have a playing membership of 500 involving seniors, juniors and women’s teams.

3. So far the Club has been unsuccessful in securing a partner or a summer tenant, which

would increase the viability of the project. 4. City Officers have discussed the project with the Department of Sport and Recreation and

it has been indicated that it would not be a priority. In its current form, the project would not be viable and an extension of the existing facilities should be considered as an alternative.

5. Unlikely to be considered for funding by DSR and not recommended for funding by

Officers. (Priority 3) - Northern Districts Model Engineering Society – Vasto Place, Balcatta – Ground level track and related improvements The Society has submitted a CSRFF application for the construction of a ground level track, model vehicle paths, engineering workshop facilities and secure storage. Financial Details NDMES $52,760 City of Stirling $17,797 CSRFF $17,797 Total $88,354

Comment

1. The Society has embarked on a four-year project to develop its facilities at Vasto Place. It will contribute all of the labour and $23,000 in cash/materials to the project over that period. The total estimated cost over the four years is $277,000. However, the Society wishes to seek grant-funding assistance by way of three consecutive annual applications.

2. The Society was established 20 years ago to further the hobby of model engineering,

which includes the construction and operation of miniature steam locomotives, stationery engines and vehicles, miniature internal combustion engines and workshop tools and equipment.

3. Once per month “Public Run Days” are promoted and are increasing in popularity. Train

rides are provided for children and adults. Barbecue and picnic facilities are made available to families. A new schools programme has been trailed that provides an insight into the history of engineering and the working of metals.

4. Officers have discussed this application with the Department of Sport and Recreation,

who indicated that it is unlikely that the project would be supported and therefore not recommended for funding by Officers.

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(Priority 3) - Mt Lawley Bowling Club – Rookwood Street, Mt Lawley – New Synthetic Bowling Green The Club has submitted a CSRFF application for the construction of a new synthetic bowling green. Financial Details Mt Lawley Bowling Club $ 50,000 City of Stirling $ 55,000 CSRFF $ 55,000 Total $160,000

Comment

1. In March 2003 a detailed study was completed, entitled, “Strategic Directions for Lawn Bowls Facilities in the Perth Metropolitan Region”. Of the ten bowling clubs in the City of Stirling, four were identified that should remain as “stand alone” organisations. However, Mt Lawley was identified as one of five that should remain as “stand alone but require consolidation”.

2. The Club has initiated merger talks with the Sports Association of Australia (Bowling

Section), Maylands Bowling Club and North Perth Bowling Club. However, the Club states that the merger discussions face resistance from other clubs due to past loyalties, history and geographical factors.

3. Two other synthetic greens have been installed recently in the City of Stirling, at

Doubleview Bowling Club three years ago and at Yokine Districts Bowling Club earlier this year. Both have proven to be successful.

4. Unlikely to be funded by DSR because of the status of the club in relation to the Strategic

Directions for Lawn Bowls Facilities in the Perth Metropolitan Region and therefore not recommended for funding by Officers..

(Priority 3) - Yokine Districts Bowling Club – Wordsworth Avenue, Yokine – Floodlighting The Club has submitted a CSRFF application to install floodlighting around its new synthetic bowling green. Financial Details Yokine Districts Bowling Club $ 6,000 City of Stirling $ 6,000 CSRFF $ 6,000 Total $18,000

Comment

1. The proposal is consistent with the “Strategic Directions for Lawn Bowls Facilities in the Perth Metropolitan Region”, a detailed study completed in March 2003. Of the ten bowling clubs in the City of Stirling, Yokine was identified as one of four that should remain as “stand alone” organisations.

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2. The new synthetic green was installed three months ago and the addition of floodlights will enable the use of the facility in the evenings to cater for the increasingly popular “Corporate Bowls”.

3. In similar circumstances in the past, the City has supported applications for funding for

this type of project. Further, the Department of Sport and Recreation has indicated that it would look favourably on applications of this nature.

4. Officers do not rank this project high in relation to some others because of the recent

financial support afforded to the club over the past 5 years and therefore not recommended for funding by Officers.

(Priority 3) - Trigg Island Surf Life Saving Club – West Coast Drive, Trigg – Extensions to Operations Building The Club has submitted a CSRFF application for extensions to its Operations Building. Financial Details Trigg Island Surf Life Saving Club $ 83,000 City of Stirling $250,000 CSRFF $250,000 Total $583,000

Comment

1. The proposed project covers three areas: increased storage room for boats, IRBs, boards etc., upgrade change rooms to increase the number of toilets and showers and larger training facilities to cater for the increasing demand for Life Saving Awards.

2. When the Club was rebuilt in 1993 the membership was 470. In the past twelve years the

membership has grown 100% to 936 with a potential to rise to over 1200 within five years. 3. The Australian Surf Life Saving Championships are to be hosted for a three-year period

from 2007. Scarboro and Trigg Island Surf Life Saving Clubs will be co-hosting the event, which will place further demand on the club facilities.

4. The Club has stated that while it has a great need to provide the improvements, it would

be unable to meet its required third contribution, which equates to $193,000. It has declared the ability to provide only $53,000 in cash and $30,000 in labour.

5. It is unlikely that DSR would strongly consider funding two (2) clubs of the same discipline

in the same financial year in the same Municipality. In addition whilst the club deem the project justified, Officers would suggest that more thought in relation to funding strategies be examined and that the proposal be re-submitted next year for consideration and therefore not recommended for funding by Officers at this time.

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11.1/CFR2 COUNCILLOR RE: PROGRESS OF STEVENSON AVENUE

Councillor Re submitted a call for report in relation to the progress of Stephenson Avenue from Scarborough Beach Road to the Freeway report from the Ministry of Planning. The Manager Engineering Design provided the following comments: The Department for Planning and Infrastructure (DPI) has commissioned consulting engineers Maunsell Australia to examine options for the treatment of Stephenson highway between Scarborough Beach Road and the Mitchell Freeway. Advice has been received that Maunsell’s are close to completing their report, on the extended scope of the study, which includes investigations on the feasibility of providing a grade separated intersection at Scarborough Beach Road (if necessary in the long term.) DPI expects to be in receipt of the final report by November 2005. A separate report on this matter is considered premature at this time. The City does not have anything constructive to report until we receive the consultants report from DPI. NOTE: It was agreed that the call for report be HELD OVER to enable guidelines for the procedures of call for reports to be outlined by the Chief Executive Officer.

11.1/CFR3 COUNCILLOR RE: ESTABLISHMENT OF WETLAND - EAST SIDE OF ELLEN STIRLING BOULEVARD

Councillor Re submitted a call for report in relation to the establishment of the wetland on the east side of Ellen Stirling Boulevard, Innaloo. The Director Planning and Development provided the following comments: Planning for natural environmental areas will be examined within the overall structure plan review for the Stirling Regional Centre, taking into account a wide range of matters including road requirements, development requirements and existing approvals. A separate report on this matter is not recommended as it will form part of the wider examination of the centre. NOTE: It was agreed that the call for report be HELD OVER to enable guidelines for the procedures of call for reports to be outlined by the Chief Executive Officer.

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11.1/CFR4 COUNCILLOR RE: ESTABLISHMENT OF PEDESTRIAN AND CYCLE FLOWS - TOWN PLANNING SCHEME NO 38 PRECINCTS

Councillor Re submitted a call for report in relation to the establishment of pedestrian and cycle flows in the Stirling/Innaloo Town Planning Scheme No 38 Precincts. The Director Planning and Development provided the following comments: Pedestrian and Cycle networks will be included within the detailed review of the Structure Plan for the Stirling Regional Centre (including the TPS 38 precincts). A separate review is this aspect is not supported as such a review should be integrated within the overall centre study. NOTE: It was agreed that the call for report be HELD OVER to enable guidelines for the procedures of call for reports to be outlined by the Chief Executive Officer.

11.1/CFR5 COUNCILOR THOMAS: GAZEBO UPGRADE - SCARBOROUGH BEACH FRONT

Councillor Thomas submitted a call for report in relation to the possible upgrade of gazebos on the Scarborough beach front prior to the Summer season including the provision of two additional gazebos and a barbeque. The Director Infrastructure Management provided the following comments: Additional facilities have not been planned or budgetted in the current financial year, and this was due to the uncertain nature and impact of possible construction works as part of SEAS. It may be possible to plan or budget 06/07 for additional facilities post the impending construction process and this may be picked up as part of the project or listed separately. However if you remain keen to progress this issue I suggest the following: "That all public amenity gazebos, shelters and BBQ's affected by the impending Scarborough Beach front construction works be relocated to unaffected areas along the Scarborough Beach Front." NOTE: It was agreed that the call for report be HELD OVER to enable guidelines for the procedures of call for reports to be outlined by the Chief Executive Officer.

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RESOURCE MANAGEMENT COMMITTEE

Moved Councillor Ham, seconded Councillor Clarey That the balance of the Resource Management Committee's Recommendations be adopted 'en bloc'. The motion was put and declared CARRIED.

11.2/HR1 STAFF ESTABLISHMENT REPORT FOR THE PERIOD ENDING 30 SEPTEMBER 2005

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Manager Human Resources

Business Unit: Human Resources

Ward: Not Applicable

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey.

That the Staff Establishment Report for the period ending 30 September 2005 be RECEIVED. The motion was put and declared CARRIED.

Committee Recommendation

That the Staff Establishment Report for the period ending 30 September 2005 be RECEIVED.

Officer's Recommendation

That the Staff Establishment Report for the period ending 30 September 2005 be RECEIVED.

Report Purpose

This report provides detailed human resource figures for the Council's information in relation to staff vacancies, staff recruitment and the staff establishment for the period ending 30 September 2005.

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Relevant Documents

Attachments: Staff Establishment Report Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

The City's Strategic Plan 2004 - 2006 identifies a key result area of the Council being to effectively manage resources in line with best practice principles and governance for the benefit of the community. A significant component of this is the management and organisational development of the City's human resources, which are employed and contracted at various times to implement the vision and initiatives of the City's Strategic Plan. The Council is provided with human resource figures for the period ending 30 September 2005, including:

Staff Establishment Figures Variations to the Staff Establishment Staff Turnover Staff Vacancies Consultants and Contractors Engaged

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11.2/F1 AUTHORISATION OF EXPENDITURE FOR PERIOD 3 ENDING 30 SEPTEMBER 2005

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Director Corporate Resource Management

Business Unit: Finance Services

Ward: Not Applicable

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey.

That the schedule of cheques drawn and payments made for Period 3:

1 September - 30 September 2005 amounting to:

Municipal Fund $17,021,994.86

Trust Fund $ 41,055.49

TOTAL $17,063,050.35

be RECEIVED. The motion was put and declared CARRIED.

Committee Recommendation

That the schedule of cheques drawn and payments made for Period 3:

1 September - 30 September 2005 amounting to:

Municipal Fund $17,021,994.86

Trust Fund $ 41,055.49

TOTAL $17,063,050.35

be RECEIVED.

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Officer's Recommendation

That the schedule of cheques drawn and payments made for Period 3:

1 September - 30 September 2005 amounting to:

Municipal Fund $17,021,994.86

Trust Fund $ 41,055.49

TOTAL $17,063,050.35

be RECEIVED.

Report Purpose

To seek authorisation of funds disbursed for the period 1 September - 30 September 2005.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Attachment F1 Payment Listing. Tax sheet: Nil.

Comment

The reported schedules are submitted in accordance with regulation 13(2) of the Local Government (Financial Management) Regulations 1996.

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MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

11.2/F2 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE MONTH ENDING 31 AUGUST 2005

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Director Corporate Resource Management

Business Unit: Finance Services

Ward: Not Applicable

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey.

That the report of the Director Corporate Resource Management dated 30 September 2005 presenting the Monthly Statement of Financial Activity for the month ending 31 August 2005 be RECEIVED. The motion was put and declared CARRIED.

Committee Recommendation

That the report of the Director Corporate Resource Management dated 30 September 2005 presenting the Monthly Statement of Financial Activity for the month ending 31 August 2005 be RECEIVED.

Officer's Recommendation

That the report of the Director Corporate Resource Management dated 30 September 2005 presenting the Monthly Statement of Financial Activity for the month ending 31 August 2005 be RECEIVED.

Report Purpose

To apprise Council of the financial position of the City at 31 August 2005 and to comply with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations.

Relevant Documents

Attachments: **Note - Coloured copies of the following attachments have been distributed under separate cover** Monthly Financial Report for August 2005 made up of:

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- An Operating Statement by Nature - City Wide - An Operating Statement by Programme - An Operating Statement by Nature - By Directorate - A Statement of Financial Position - A Statement of Cash Flows - A Statement of Capital Transactions - An Investment Summary - A Statement of Financial Performance by City Services - A Statement of Financial Activity in the form of a Rate Setting Statement

Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

Recent amendments to the Local Government Act and Local Government (Financial Management) Regulations 1996, gazetted on 31 March 2005 and effective from 1 July 2005 have repealed the existing regulations (34 & 35) relating to monthly and quarterly financial reports. These regulations have been replaced by a new Regulation 34, that requires Local Governments to report on a monthly basis. The monthly report must include a statement of financial activity reporting on the source and application of funds as set out in the annual budget rate setting statement. To comply with the new requirements under regulation 34 the month reports will comprise of:-

- Commentary - An Operating Statement by Nature - City Wide - An Operating Statement by Programme - An Operating Statement by Nature - By Directorate - A Statement of Financial Position - A Statement of Cash Flows - A Statement of Capital Transactions - An Investment Summary - A Statement of Financial Performance by City Services - A Statement of Financial Activity in the form of a Rate Setting Statement

Report formats have now been aligned and future improvements will include the development of a series of financial Key Performance Indicators. The overall financial position of the City at the close of August 2005 was as follows:-

Budget $'000

YTD Budget

$'000

YTD Actual $'000

Operating Revenue Expenditures Change in Net Assets Resulting from Operations Capital Non Operating Expenditure

135,886 112,859

23,027

56,739

99,155 19,586

79,570

19,714

91,956 17,655

74,300

3,911

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The comparison of City source and application of funds compared to the Rate Setting Statement was as follows:-

Budget $'000

YTD Budget

$'000

YTD Actual $'000

Operating Revenue Operating Expenditure Net Operating Capital Revenue Capital Expenditure Net Capital Transfer to Reserve Transfer to Town Planning Scheme Funded from Cash Non Cash Item Other Comparison to Rate Setting Statement

63,823

(112,859)

(49,036)

48,776

(51,351)

(2,475)

(4,241)

1,745

1,744

(15,196)

(67,942)

30,630

(19,330)

11,300

12,514

(19,714)

(7,200)

-

-

-

(7,627)

(3,528)

23,100

(17,622)

5,483

8,728

(3,767)

4,960

2,390

-

-

(2,687)

10,146

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11.2/A1 INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) BUSINESS UNIT UPDATE - SEPTEMBER 2005

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Director Corporate Resource Management

Business Unit: Information and Communication Technology (ICT)

Ward: Not Applicable

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey. That the report of the Director Corporate and Resource Management on the update of the ICT Business Unit, September 2005 be RECEIVED. The motion was put and declared CARRIED.

Committee Recommendation

That the report of the Director Corporate and Resource Management on the update of the ICT Business Unit, September 2005 be RECEIVED.

Officer's Recommendation

That the report of the Director Corporate and Resource Management on the update of the ICT Business Unit, September 2005 be RECEIVED.

Report Purpose

To report on the activities of the ICT Business Unit.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Nil Tax sheet: Nil

Background

Information & Communication Technology (ICT) Services

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ICT Strategy The ICT strategy is focussed on building on the basics established during 2004/2005. A component of this strategy was finalising the development of the plan to ensure a strategic approach is taken to the deployment of ICT servers, data storage and backup/recovery. This is called the ICT Infrastructure Architecture Plan. Implementation of the overall plan will commence on October 2005 with the procurement of additional data storage and improved data backup recovery technology. ICT Training Amanda Birchmore commenced on 27 September as the ICT Trainer for the City of Stirling. Amanda is an experienced trainer and brings knowledge and experience from a financial services environment. Amanda’s initial focus is to analyse the ICT training needs across the City of Stirling and to develop a schedule of training courses to be delivered over the next 12 months. Information Security Audits Two internal information security audits have recently concluded. The internal audits relate to

ICT information security assessments through a process of external and internal system penetration testing; and

Assessing the level of compliance with the Information Security Standard, AS 17799. Management responses are being drafted and will be forwarded through the Audit Committee for consideration in October 2005. Strategic ICT Business Process Improvement The ICT Help Desk continued to improved their management and analysis of requests for service. During the month of September 2005 the ICT Help Desk received the following requests for help in the form of inbound telephone calls, emails and walk-ins:

Requests for Help Number Percentage

In bound telephone calls 948 76%

Emails Requesting Help 270 22%

Walk-ins (i.e. verbal face-to-face) 20 1%

TOTAL 1,238 100%

Of the 1,218 requests for ICT help, 572 are registered as they require actioning and the ICT Service Desk team makes an additional 783 out bound telephone calls in the course of their duties as per the following table:

Help Resolution Effort Number Percentage

Out bound telephone calls 783 58%

Help Requests Registered 572 42%

TOTAL 1,355 100%

In total, the ICT Help Desk (inbound plus outbound telephone calls) handled 1,731 telephone calls during September 2005.

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ICT Asset Refreshment Excellent progress was made in replacing the City of Stirling’s ageing PC’s, laptops and printers and all PC’s and laptops have now been deployed. Replacing around 280 PC’s and monitors across the City of Stirling has been a massive logistical undertaking by the project team and they have completed this with minimal interruption to the day-to-day operations of the City. A number of staff have commented on how the new technology has had a positive impact of their productivity. Moreover, the ICT Asset Refreshment will position the desktop technology with sufficient capacity to allow the upgrading of Finance One, Proclaim and Work One during 2005/2006. The final task in this project is to remove all City of Stirling information and software licences from the old ICT equipment and to arrange for their disposal in line with the ICT Asset Disposal Policy as approved by Council. Legacy ICT System Migration Good progress has been made in reducing the number of legacy ICT systems, residing on the obsolete Alpha Servers, from 11 to 7. These legacy systems such as Health Licences and Security Incident Reporting have been replaced with functionality available in the Proclaim software. Asset and Works Management The initial planning for the implementation of the Works Management software called Work One has commenced. The overall project governance has been established with agreement being reached on the reporting arrangements, project team members, roles and responsibilities and the deliverables of the Work One implementation. Once the overall project implementation approach has been determined a timeline of key milestones will be developed. A number of workshops have been held with Technology 1 in regard to implementing their software Work One. The workshops were conducted over three days. The business requirements across six (6) business units and three (3) directorates were included in the scoping study that was facilitated by Technology 1. The main focus during these workshops is to determine the business requirements for the eventual configuration of the Work One software. Preparation has involved documenting the business requirements of major stakeholders. In the interim period, asset data will continue to be cleansed and uploaded into the existing Works Management Software and transferred to the Work One system at implementation. The Engineering Operations Business Unit has commenced the attribute and condition capture of infrastructure assets. A series of workshops have been held with key staff to determine and agree on the attribute data required to manage each asset category group. State Land Information Platform (SLIP) The State Land Information Platform (SLIP) is a multi-agency, e-government initiative sponsored by the Department of Premier and Cabinet. The proposal itself is largely concerned with facilitating the technological and governance infrastructure that will link up State and Local Government agencies and facilitate the sharing and management of geospatial data in support of government activities. Four "whole-of-government" activities have been proposed as key drivers to be implemented within the SLIP enabling framework - these being:

Energy Management (EM);

Natural Resource Management (NRM);

Register of Interests (RoI); and

Electronic Land Development Process (eLDP).

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The Electronic Land Development Process (eLDP) initiative envisages the development of an "end-to-end", case managed system encompassing the whole of land development (subdivision) process, from the lodgment of applications for initial approval to the issue of the title. Over recent months, the Planning & Development Directorate has been a major contributor to the high level feasibility studies (Business and Technical) co-coordinated by the Department of Planning Infrastructure (DPI). Negotiations are underway, with the SLIP project team, to implement the "Short-Track Referral Pilot" project within the City of Stirling later this calendar year. Representatives from the SLIP project team plan to present an overview on SLIP to the ICT Steering Committee.

Document and Records Management (Dataworks) Processes are underway for the recruitment of an Information Manager. A number of improvements to Dataworks are being deferred until the Information Manager role is filled. Formal Management of Customer Requests & Corporate Complaints: The technology underpinning this initiative is the Proclaim software. A Business Case is being finalised and will be tabled at the next ICT Steering Committee. During the development of the business case all major stakeholders have been consulted and high-level business requirements have been scoped. A detailed project statement is also being prepared to outline the overall milestones, scope of works, timeframes and costs with the Project Sponsor being Trevor Holland, Director Community Development. Web – Internet and Intranet The business requirements have been finalised for the eventual introduction of technologies that will simplify and devolve the publishing of Internet and Intranet information to individual business units. In addition further meetings have been held with Microsoft to determine the technical design requirements for the implementation of their web content management software. Work on this project will be delayed due to our Web Coordinator, Paul Downer, leaving the City of Stirling.

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11.2/A2 DEDICATION OF RIGHT OF WAY (ROW 28030) BETWEEN FIRST AVENUE AND SECOND AVENUE, MOUNT LAWLEY

Report Information

Location: ROW 28030 between First Avenue and Second Avenue, Mount Lawley

Reporting Officer: Director Corporate Resource Management

Business Unit: Asset Management

Ward: Lawley

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey.

1. That subject to the approval of the Western Australian Planning Commission, Land Asset Management Services at the Department for Planning and Infrastructure be requested to DEDICATE the right of way (ROW 28030) shown on the attached plan, as a public street pursuant to Section 56(1)(c) of the Land Administration Act 1997.

2. That the Department of Land Administration be INDEMNIFIED from any claims arising from the dedication actions.

The motion was put and declared CARRIED.

Committee Recommendation

1. That subject to the approval of the Western Australian Planning Commission, Land Asset Management Services at the Department for Planning and Infrastructure be requested to DEDICATE the right of way (ROW 28030) shown on the attached plan, as a public street pursuant to Section 56(1)(c) of the Land Administration Act 1997.

2. That the Department of Land Administration be INDEMNIFIED from any claims arising from the dedication actions.

Officer's Recommendation

1. That subject to the approval of the Western Australian Planning Commission, Land Asset Management Services at the Department for Planning and Infrastructure be requested to DEDICATE the right of way (ROW 28030) shown on the attached plan, as a public street pursuant to Section 56(1)(c) of the Land Administration Act 1997.

2. That the Department of Land Administration be INDEMNIFIED from any claims arising from the dedication actions.

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Report Purpose

To seek approval to dedicate a private road (ROW 28030) pursuant to Section 56(1)(c) of the Land Administration Act 1997.

Relevant Documents

Attachments: Plan Available for viewing at the meeting: Nil. Tax sheet: 28-54

Background

The right of way (ROW 28030) between First Avenue and Second Avenue, Mount Lawley as shown on the attached plan, is held in private ownership and is classified as a private road. Details of the private road are as follows: Part of the land coloured brown on Plan 2473 (Sheet 1) and being part of the land contained in Certificate of Title Volume 2092 Folio 353 held in the name of Gold Estate of Australia (1903). ROW 28030 is designated as a Category 1 and has been identified by the City's Engineering Department to be taken over (maintained) by the City. In addition, it is sealed and would become an extension of Wenberi Lane (shown on the attached plan).

Comment

The public has had uninterrupted use of the ROW for a period of not less than 10 years. Section 56(1)(c) of the Land Administration Act 1997 provides authority for a local authority to request the Minister for Lands to dedicate a private road (ROW) that the public has had uninterrupted use of for a period not less than 10 years. Under this section of the Act compensation is not payable to the owner of the private road (ROW). The Department of Land Administration requires approval from the Western Australian Planning Commission before considering dedication of a ROW.

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MINUTES OF THE MEETING OF THE ORDINARY COUNCIL OF 25 OCTOBER 2005

11.2/A3 STRATEGIC PLAN - 2004-2008 - PROPOSED REVIEW SESSION

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Chief Executive Officer and Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Not Applicable

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey.

That the report on the proposed Strategic Plan 2004-08 Review Session be RECEIVED and the approach ENDORSED subject to the amendments made at the Resource Management Committee meeting held on 11 October 2005. The motion was put and declared CARRIED.

Committee Recommendation

That the report on the proposed Strategic Plan 2004-08 Review Session be RECEIVED and the approach ENDORSED subject to the amendments made at the Resource Management Committee meeting held on 11 October 2005.

Officer's Recommendation

That the report on the proposed Strategic Plan 2004-08 Review Session be RECEIVED and the approach ENDORSED.

Report Purpose

To advise the Council of the proposed Strategic Plan 2004/2008 review session to be held on Friday 11 November and Saturday 12 November 2005.

Relevant Documents

Attachments: Proposed Strategic Plan Review Agenda Available for viewing at the meeting: Nil. Tax sheet: Nil.

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Background

The Strategic Plan is Council's most important strategic document, setting out the City's:

Vision;

Mission;

Values;

Outcomes and Council's role in achieving these; and

Key strategic intentions to achieve these. Essentially, it's a road map for what Council wishes to achieve and which direction it wishes to travel, with all other strategic documents from the budget to individual business unit plans building off it as a principal reference point. The current plan was adopted on 4 May 2004 (Item 12.2/A4) and covers the four-year period to 2008. In effect, the City is moving towards the halfway mark in the life of the document. A number of Councillors have expressed a desire to revisit the plan and, indeed, periodic review of strategic documents represents good business practice in any event. The purpose of this report is to consider a proposed methodology to achieve this.

Comment

A review of the plan could be very useful in:

Revisiting and recommitting to the key aspects of the plan;

Reviewing progress that has been achieved on key initiatives;

Identifying general areas in which the direction might evolve or alter;

Identifying any changes in position on key points, or changes to initiatives. In addition to being timely, given the progress of the plan, this process will be particularly helpful given the change in Council make up, to ensure strategic alignment of the document to the Council's direction. Because of the high level nature of the document, it inevitably takes a longer-term view and includes some broad statements. The strategic initiatives then represent the 'detail' of how to advance this vision (though don't, it should be noted, cover many of the important 'day to day' functions of the City). At this stage, it is anticipated that the review will represent a revisiting and development of the plan. A wholesale review / rewriting is considered unnecessary (though this will be established during the process). However, in addition to identifying modifications that should occur to the current plan, the process will also assist in further evolving the vision of the plan, and may identify key areas to be addressed in the comprehensive review that will need to occur in 2007 for the 2008-2012 period. PROPOSED PROCESS In order to facilitate this review process, preliminary consultation has occurred with Council regarding the conduct of a weekend series of workshops. The basis of the current plan was established through such a process, which proved efficient, productive and developmentally very positive. The Geographe Bayview Resort has been tentatively booked for the weekend planning session. This was one of only two venues able to accommodate following extensive enquiries and was the more cost effective of the two options.

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A framework for the weekend and preliminary preparations has been prepared with the assistance of a strategic planning facilitator, Dr Liz Patterson, who has previously assisted the City in similar exercises. The proposed program has been drafted and is included as a separate attachment to this item. The programme involves one and a half days of facilitated work, commencing on Friday afternoon, and completing on Saturday night. In preparation for the weekend workshops, City officers have been undertaking background work to report on the progress of key initiatives and planning, to update Councillors on the status of the current plan, prior to considering alterations that may be required. A management and staff workshop was also held in August to explore the future of the City. It is proposed to present this work to the November briefing session, in an information pack, prior to the workshop weekend, to provide background information necessary to allow the weekend to focus on how to build in the current status. DETAILS The planning session has been scheduled for 11-13 November 2005. This date will hopefully precede the rush of Christmas events, but be in sufficient time to allow the outcomes of the process to be incorporated into annual corporate planning and budget formulation for the 06-07 financial year.

Consultation/Communication Implications

Section 5.56 of the Local Government Act requires Local Governments to prepare a plan for the future, to allow efficient operation and to enable the strategic direction of the organisation to be communicated and monitored. Consultation on the plan or any modification to it is required.

Policy and Legislative Implications

The Strategic Plan fulfils the plan for the future required under the Local Government Act. The Act requires this to be reviewed every 2 years.

Financial Implications

The cost of the exercise is still being established but is likely to be in the order of $15,000.

Strategic Implications

This planning session will provide the opportunity to update and refocus the Strategic Plan to ensure alignment with its vision, and the evolution of the document.

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11.2/A4 TOWN PLANNING SCHEME NO 38 - LEGAL ACTION TO RECOVER OVERDUE SCHEME COSTS

Report Information

Location: Pt Lot 8 HN 383 Scarborough Beach Road Innaloo

Applicant: R Scolaro

Reporting Officer: Deputy Chief Executive Officer

Business Unit: Asset Management

Ward: Doubleview

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey.

1. That legal action be COMMENCED against Mrs Rita Scolaro to recover Town Planning Scheme No 38 Scheme Costs plus interests payable in respect of Pt Lot 8 HN 383 Scarborough Beach Road, Innaloo pursuant to the provisions of the Scheme and Condition 8 of the Approval to Commence Development dated 17 February 2000.

2. That the costs associated with the recovery proceedings be CHARGED to the Scheme as a General Scheme Cost item.

3. That the costs associated with the recovery proceedings be RECOVERED from Mrs Rita Scolaro and be reimbursed/credited to General Scheme Costs.

The motion was put and declared CARRIED.

Committee Recommendation

1. That legal action be COMMENCED against Mrs Rita Scolaro to recover Town Planning Scheme No 38 Scheme Costs plus interests payable in respect of Pt Lot 8 HN 383 Scarborough Beach Road, Innaloo pursuant to the provisions of the Scheme and Condition 8 of the Approval to Commence Development dated 17 February 2000.

2. That the costs associated with the recovery proceedings be CHARGED to the Scheme as a General Scheme Cost item.

3. That the costs associated with the recovery proceedings be RECOVERED from Mrs Rita Scolaro and be reimbursed/credited to General Scheme Costs.

Officer's Recommendation

1. That legal action be COMMENCED against Mrs Rita Scolaro to recover Town Planning Scheme No 38 Scheme Costs plus interests payable in respect of Pt Lot 8 HN 383 Scarborough Beach Road, Innaloo pursuant to the provisions of the Scheme and Condition 8 of the Approval to Commence Development dated 17 February 2000.

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2. That the costs associated with the recovery proceedings be CHARGED to the Scheme as a General Scheme Cost item.

3. That the costs associated with the recovery proceedings be RECOVERED from Mrs Rita Scolaro and be reimbursed/credited to General Scheme Costs.

Report Purpose

To seek authority to commence legal actions to recover overdue Town Planning Scheme No 38 Scheme Costs payable by a landowner.

Relevant Documents

Attachments: Locality Plan. Available for viewing at the meeting: Nil. Tax sheet: 18-60

Background

Town Planning Scheme No 38 (Stirling City Centre Scheme) was gazetted on 18 July 1997 with the objective of creating diverse land uses within the Scheme Area through a wide range of residential, business and leisure development opportunities. The Scheme provides for a series of Scheme Works to be carried out at the cost of landowners within the Scheme Area in the form of General Scheme Costs and Precinct Scheme Costs contributions. Pt Lot 8 HN 383 Scarborough Beach Road, Innaloo is owned by Mrs Rita Scolaro and is located within Precinct 7 of the Scheme Area. Under the provisions of the Scheme, owners in Precinct 7 is liable to contribute towards General Scheme Costs in proportion to their net land ownership plus 20% of the Precinct Costs associated with the Extension of Odin Road. In accordance with the provisions of the Scheme, an annual assessment of Scheme Costs incurred by the City up to 30 June 1998 and the anticipated expenditures for the succeeding 12 months period to 30 June 1999 was carried out and notified to Mrs Scolaro on 21 January 1999. The amount assessed for payment was $16,231.77. Payment was not received from Mrs Scolaro by the due date. On 5 January 2000, Mrs Scolaro, on behalf of Barb Investments Pty Ltd, made an application for approval to use the property for 'Restricted Premises' (retail of adult products). An Approval to Commence Development was issued on 17 February 2000 for the proposed use subject to, inter alia, Condition 8 which states:-

"Payment of Scheme Costs in accordance with Town Planning Scheme No. 38 prior to the premises being used as RESTRICTED PREMISES. The current estimated Scheme costs for this development approval amounts to $21500.07"

The condition requiring payment of Scheme Costs contribution was made pursuant to Clause 3.6.12 of the Scheme Text. McLeod & Co solicitors, acting on behalf of Mrs Scolaro at the time, sought Council's approval to pay the required Scheme Costs by 4 equal annual instalments commencing 1 July 2000. The request was considered by Council on 18 April 2000 (Item 11.1/PL11) and it was resolved:-

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"That Council AGREES to the Scheme Cost payment arrangement suggested by McLeod & Co on behalf of R Scolaro, subject to any documentation required by Council's solicitors, the lodging of a caveat over the Pt Lot 8, Scarborough Beach Road to protect the City's interests and payment of interest in accordance with Town Planning Scheme No 38 provisions".

Accordingly a suitable Owner's Deed of Covenant was prepared by the City's solicitors, Corrs Chambers Westgarth, and forwarded to Mrs Scolaro for signing on 19 June 2000. Despite following up reminders to execute and return the Deed and to pay the necessary instalment from 1 July 2000, no further contact, correspondence or payment was received from Mrs Scolaro on the matter. However, the applicant proceeded to use the property for 'Restricted Premises' as per the development approval. On 9 January 2002, the City lodged Absolute Caveat H979940 on the title to the land to secure the overdue Scheme Costs contributions pursuant to Clause 3.6.16 of the Scheme Text.

Comment

Clause 3.6.17 of the Scheme Text provides that:

"Any overdue General Costs contribution or Precinct Costs contribution relating to land in the Scheme Area shall be a debt due to the Council and may be recovered by the Council in a court of competent jurisdiction."

It is proposed to instruct the City's solicitors, Corrs Chambers Westgarth, to initiate legal proceedings against Mrs R Scolaro for the recovery of the overdue Scheme Costs contributions and non-compliance with the terms of the Development Approval dated 17 February 2000.

Policy and Legislative Implications

As outlined above.

Financial Implications

Costs associated with the recovery of Scheme Costs are not specifically identified as a Scheme Cost item in the Scheme Works Schedule. However, Item 27 of Schedule 3 (Scheme Works) of the Scheme Text provides:- "27) Such other work or expenditure not referred to above as the Council from time to time

considers essential for the proper planning and development of the Scheme Area." The recovery of Scheme Costs is considered to be of benefit to other Owners within the Scheme Area as it will ensure costs are equitably collected from all owners and avoid a contribution shortfall being unfairly distributed to the remaining owners. It is proposed that the costs associated with the recovery proceedings against Mrs Scolaro be charged initially to the Scheme as a General Scheme Cost item and be recovered from Mrs Scolaro as part of the recovery proceedings.

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11.2/A5 CITY OF STIRLING/TOWN OF VINCENT BOUNDARY

Report Information

Location: Suburb of Glendalough – East of Mitchell Freeway (bounded by Mitchell Freeway, Powis Street, Brady Street and Scarborough Beach Road)

Applicant: Town of Vincent

Reporting Officer: Deputy Chief Executive Officer

Business Unit: Deputy Chief Executive Officer

Ward: Osborne

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey.

1. That the advice that Town of Vincent is proposing to submit a proposal to the Local Government Advisory Board to adjust boundaries with the City of Stirling to transfer East Glendalough (ie east of the Mitchell Freeway) to the Town of Vincent be NOTED.

2. That the Council FORM THE OPINION that the transfer of East Glendalough to Town of Vincent is not a transfer of a ‘minor’ nature as reflected in the Town of Vincent minutes of 7 September 2005.

3. That the Chief Executive Officer of the City of Stirling continue to prepare a case for REBUTTAL of the Vincent proposal for submission to the Local Government Advisory Board and consultation with local stakeholders.

4. That the Local Government Advisory Board and the Town of Vincent be ADVISED of Council’s determination of 1-3 above.

5. That as a matter of urgency, the City’s Marketing Business Unit PREPARE a strategy in consultation with Ward Councillors to put forward the City’s case in regard to retaining East Glendalough as part of its borders.

The motion was put and declared CARRIED.

Committee Recommendation

1. That the advice that Town of Vincent is proposing to submit a proposal to the Local Government Advisory Board to adjust boundaries with the City of Stirling to transfer East Glendalough (ie east of the Mitchell Freeway) to the Town of Vincent be NOTED.

2. That the Council FORM THE OPINION that the transfer of East Glendalough to Town of Vincent is not a transfer of a ‘minor’ nature as reflected in the Town of Vincent minutes of 7 September 2005.

3. That the Chief Executive Officer of the City of Stirling continue to prepare a case for REBUTTAL of the Vincent proposal for submission to the Local Government Advisory Board and consultation with local stakeholders.

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4. That the Local Government Advisory Board and the Town of Vincent be ADVISED of Council’s determination of 1-3 above.

5. That as a matter of urgency, the City’s Marketing Business Unit PREPARE a strategy in consultation with Ward Councillors to put forward the City’s case in regard to retaining East Glendalough as part of its borders.

Officer's Recommendation

1. That the advice that Town of Vincent is proposing to submit a proposal to the Local Government Advisory Board to adjust boundaries with the City of Stirling to transfer East Glendalough (ie east of the Mitchell Freeway) to the Town of Vincent be NOTED.

2. That the Council FORM THE OPINION that the transfer of East Glendalough to Town of Vincent is not a transfer of a ‘minor’ nature as reflected in the Town of Vincent minutes of 7 September 2005.

3. That the Chief Executive Officer of the City of Stirling continue to prepare a case for REBUTTAL of the Vincent proposal for submission to the Local Government Advisory Board and consultation with local stakeholders.

4. That the Local Government Advisory Board and the Town of Vincent be ADVISED of Council’s determination of 1-3 above.

Report Purpose

To ADVISE Council of a proposal by Town of Vincent to annexe part of the City of Stirling district at Glendalough and to RECOMMEND a response to the proposal.

Relevant Documents

Attachments: Plan of Proposed Boundary Annexure, Extract of Local Government Act, Division 8, Local Government Advisory Board Members Available for viewing at the meeting: Nil. Tax sheet: 21.57, 22.56, 22.57

Background

The Town of Vincent was created through division of the old district of the City of Perth into 4 new local governments comprising the existing:- City of Perth, Town of Cambridge, Town of Victoria Park and the Town of Vincent. The State Government initiated the establishment of the new Towns and set the municipal boundaries for the Towns. The Town of Vincent has been involved in propositions to annexe part of City of Stirling district in the past and none of the proposals has come to fruition. Prior to 7 September 2005 newspaper reporters advised that the Town was proposing to approach the Local Government Advisory Board to consider transferring part of the existing City of Perth area near the old East Perth power station and on the opposite side of the municipality to also transfer land from the City of Stirling at Glendalough. It was said the basis for the proposals was that it would then ‘tidy up’ boundaries.

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The Town of Vincent held a Special Council meeting on 7 September 2005. The minutes of that meeting read as follows: That the Council; (i) in accordance with Clause 2(1)(b) of Schedule 2.1 of the Local Government Act 1995,

APPROVES BY AN ABSOLUTE MAJORITY to submit a proposal to the Local Government Advisory Board and Minister for Local Government and Regional Development to alter the Town's boundaries as follows;

(a) to transfer the following part of the City of Stirling into the Town of Vincent: • for the suburb of Glendalough - east of the Mitchell Freeway (bounded by the Mitchell

Freeway, Powis Street, Brady Street and Scarborough Beach Road, Mount Hawthorn) as shown in the plans Appendices 2 and 3; and

(b) to transfer the following part of the City of Perth into the Town of Vincent: • for the area bounded by Loftus Street, Newcastle Street, Lindsay Street, Little Parry Street,

Parry Street, Lord Street, Summers Street, Swan River and the Graham Farmer Freeway as shown in plans Appendices 4-9;

(ii) is of the opinion that its proposal is one of a minor nature, as referred to in Clause 3(3) of

Schedule 2.1 of the Local Government Act 1995, as it involves a small area of approximately 27.3 hectares (176 lots and 622 residents) within the City of Stirling and an area of approximately 49 hectares (282 lots and approximately 50 residents) in the City of Perth and, accordingly, REQUESTS the Local Government Advisory Board to deal with its proposal in this manner;

(iii) DEFERS advising the City of Stirling and City of Perth respectively, of its intention to

submit a proposal to the Local Government Advisory Board until Council has considered the final report referred to in clause (vii);

(iv) AUTHORISES the Mayor and Chief Executive Officer to meet with the Local Government

Advisory Board, Minister for Local Government and Regional Development and other relevant persons to progress the Council's proposal;

(v) NOTES that the details of this report are to remain strictly confidential until publicly

announced by the Mayor; (vi) AUTHORISES the Mayor and/or Chief Executive Officer to make public this report, or parts

of this report at the appropriate time; and (vii) REQUESTS the Chief Executive Officer to submit a final report to Council addressing the

matters raised by Elected Members, prior to submission to the Local Government Advisory Board.

In keeping with the resolutions, the Town of Vincent did not advise the City of Stirling or City of Perth of its proposals. Notwithstanding the lack of direct advice, a copy of the Town of Vincent minutes was obtained and a letter was directed to the Mayor of the Town of Vincent by the Mayor of the City of Stirling, on 15 September 2005, suggesting that a proper process for dealing with boundary adjustments should, as a normal courtesy, include discussions between representatives of the involved municipalities (in any event this is a requirement set out in the Local Government Act – Division

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8, which deals with the way that the Local Government Advisory Board becomes involved in boundary issues). A meeting was subsequently held at the Town of Vincent on 5 October 2005. Present at the meeting were: Mayor Terry Tyzack City of Stirling Mayor Nick Catania Town of Vincent

Mr Lindsay Delahaunty Chief Executive Officer

City of Stirling Mr John Giorgi Chief Executive Officer

Town of Vincent

Mr Rod Constantine Deputy Chief Executive Officer

City of Stirling

At the meeting the following was established:

That the proposal for annexure of part of City of Perth district is seen by Vincent as more substantial than the proposal for annexure of land from City of Stirling.

The proposed annexures have been discussed by the Town of Vincent with the Minister for Local Government (Town of Vincent representatives indicate that the discussion was part of a meeting involving a number of issues).

Town of Vincent has not undertaken a detailed study of the implications of a boundary change. It appeared that the predominant consideration was the thought that it would be ‘more natural’ for Glendalough east of the Mitchell Freeway to be in the municipal district of Vincent.

Regardless of any information that comes from Vincent’s preparation of a detailed case, or information that is prepared by Stirling, the Town of Vincent intends to proceed with the application for change to the Local Government Advisory Board.

The Town of Vincent do not seem to have made any attempt to understand the critical nature and importance of Glendalough to City of Stirling, the Glendalough station and surrounding area transition that is taking place and the inevitable future of the area as an intensive residential, commercial and industrial centre focused on the rail station.

That Town of Vincent will develop their case as a matter of urgency and propose that it will be prepared and submitted to a Town Council meeting next Tuesday 11 October 2005.

Notwithstanding the terms of the Town of Vincent minutes of 7 September 2005 to not approach City of Stirling or provide City of Stirling with a copy of the Town of Vincent submission to the Local Government Advisory Board, Mayor Catania will suggest to the Town of Vincent Council that this matter could be reconsidered and a copy of the Town’s submission might be made available to the City of Stirling at the same time that the submission is submitted to the Local Government Advisory Board.

Comment

Division 8 of the Local Government Act contains the criteria under which the Local Government Advisory Board (LGAB) is required to examine proposals for boundary changes. In Schedule 2.1 of Division 8, it is provided that the LGAB may, if it considers a proposal to be of a ‘minor’ nature, recommend to the Minister that the proposal be rejected or that an order be made in accordance with the proposal. If the LGAB recommends that the Minister make an order according to the proposal, it may also recommend that public submissions not be invited on the proposal.

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If the LGAB determines that the proposal is not of a minor nature, frivolous or can otherwise be dispensed with, then the LGAB must follow a specific course of action that requires that the LGAB formally inquire into the proposal. A formal inquiry establishes the scope of the inquiry, requires affected and proposing local governments to consult and facilitates public submissions on proposals. The LGAB must take into account in conducting its inquiry and submissions made to it the following matters, where applicable: a) Community of interests b) Physical and topographic features c) Demographic trends d) Economic factors e) The history of the area f) Transport and communication g) Matters affecting the viability of local governments h) The effective delivery of local government services The LGAB must commence the process of any inquiry within a period of 6 weeks. GLENDALOUGH AS PART OF CITY OF STIRLING It could be said that Vincent’s notion that a change to boundaries would simply be a matter of following a convenience line created by the Mitchell Freeway, is failing to recognise the importance of the Glendalough Station as the point of focus for a multitude of issues and a broader area. The City of Stirling has long seen Glendalough as critically important in the ongoing development of parts of what currently comprises Osborne Park, the existing suburb of Glendalough and a new commercial and residential community that will develop, over time, as a natural product of the commercial and convenience impetus factors that develop around major traffic hubs and railway stations. The City, from 1999, has undertaken a number of studies around the Glendalough Precinct and has established, through those studies, the need for a co-ordinated planning of all of the land and activities surrounding the Glendalough Station. Most recently the City has taken the ‘Glendalough Station Study’ under review. Items relating to the study have appeared on recent Council agendas. The City of Stirling emphasis in the Glendalough studies has been around all of the items that are referred to as critical in conducting inquiries about boundary matters. These are the items listed in (a) – (h) above. It has been suggested that one of the factors that may be raised with respect to East Glendalough is that this area was once named Mount Hawthorn and could again be incorporated for postal purposes as ‘Mount Hawthorn’. Historical name references looks to matters that are not relevant to the future of the precinct. It is more likely that a precinct of some distance – say 800m, could be more appropriately provided a new boutique name that would fit with the inevitable regeneration of economic and residential uses that will occur in and around the existing Glendalough area. City officers have commenced the preparation of a response to the City of Vincent proposal in a form that can be considered by the Council for submission to the LGAB.

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[

Consultation/Communication Implications

If the LGAB should accept the Vincent proposal as one warranting further attention, and one which is not of a minor nature (which could exclude public consultation by the LGAB) a formal process inviting public submissions will need to ensue. Notwithstanding any formal process through the aegis of the LGAB the City of Stirling will need to consult with owners, residents and other stakeholders in the preparation of any rebuttal submission.

Policy and Legislative Implications

As indicated elsewhere in the report, the provision of Division 8 of the Local Government Act applies.

Financial Implications

The Glendalough area is one, which, on current planning and analysis, will require considerable infrastructure spending into the future. Whenever there is a change in municipal boundaries there is a financial impact. The different positions with respect to financial positions will need to be objectively assessed and included in submissions to the LGAB.

Strategic Implications

Glendalough Station and the surrounding commercial, industrial, residential areas and associated infrastructure are fundamentally important to City of Stirling and to servicing of the population in the immediate vicinity and to other visitors and workers that utilise the transport and other facilities within the precinct. The proper and co-ordinated planning of all of the land and social infrastructure around Glendalough Station is important to the whole of the metropolitan region.

11.2/A6 PROPOSED LEASE OF THE SECOND FLOOR OF THE ADMINISTRATION BUILDING TO THYSSEN KRUPP ENGINEERING AUSTRALIA

Council Resolution

Moved Councillor Ham, seconded Councillor Clarey. That a report be PREPARED for presentation to the Planning and Development Committee meeting to be held 15 October 2005 in relation to the proposed lease of the second floor of the administration building. The motion was put and declared CARRIED.

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Committee Recommendation

That a report be PREPARED for presentation to the Planning and Development Committee meeting to be held 15 October 2005 in relation to the proposed lease of the second floor of the administration building.

11.2/CFR1 COUNCILLOR THOMAS: SEAS FUNDING

Councillor Thomas has submitted a call for report in relation to the possible transfer of funds to meet capital works for SEAS Stages 1 and 4.

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PLANNING AND DEVELOPMENT COMMITTEE

11.3/A3 REVIEW OF NAMING OF PARKS, RESERVES AND BUILDINGS POLICY

Report Information

Location: City of Stirling

Applicant: Not Applicable

Reporting Officer: Deputy Chief Executive Officer

Business Unit: Deputy Chief Executive Officer

Ward: Not Applicable

Council Resolution

Moved Councillor Clarey, seconded Councillor Michael.

That the following be INCLUDED in policy H401106 – Naming of Parks, Reserves & Buildings: a) Whenever it is proposed to name a street, building, reserve or other facility located on

Crown or City-owned land (vested or not) the Crown or City ownership will be respected by adhering to the naming guidelines set down by the State’s Geographic Names Committee.

b) Where possible or appropriate a location name should be associated with the naming

of a facility. Consideration to including the location name as a suffix will be appropriate.

c) Where a facility is substantially changed in nature, in consequence of demolition, re-

subdivision or significant enhancement renaming may be considered. d) Where the Local Government Act Section 2.22 provisions (with the exclusion of the

five year limit as in Section 2.22(1)(b)) relating to disqualification of a councillor can be applied to a person (past or present) who has been honoured through the City’s Naming Policy, regardless of status (public servant, politician, past or present councillor or member of the public), the naming shall be revoked, City records and other public records adjusted and naming material on the subject facility removed – which removal will occur without formal reference to the Council.

The motion was put and declared CARRIED.

Committee Recommendation

That the following be INCLUDED in policy H401106 – Naming of Parks, Reserves & Buildings: a) Whenever it is proposed to name a street, building, reserve or other facility located on Crown

or City-owned land (vested or not) the Crown or City ownership will be respected by adhering to the naming guidelines set down by the State’s Geographic Names Committee.

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b) Where possible or appropriate a location name should be associated with the naming of a facility. Consideration to including the location name as a suffix will be appropriate.

c) Where a facility is substantially changed in nature, in consequence of demolition, re-

subdivision or significant enhancement renaming may be considered. d) Where the Local Government Act Section 2.22 provisions relating to disqualification of a

councillor can be applied to a person (past or present) who has been honoured through the City’s Naming Policy, regardless of status (public servant, politician, past or present councillor or member of the public), the naming shall be revoked, City records and other public records adjusted and naming material on the subject facility removed – which removal can occur without formal reference to the Council.

Officer's Recommendation

That the following be included in policy H401106 – Naming of Parks, Reserves & Buildings: a) Whenever it is proposed to name a street, building, reserve or other facility located on Crown

land (vested or not) the Crown ownership will be respected by adhering to the naming guidelines set down by the State’s Geographic Names Committee.

b) Where possible or appropriate a location name should be associated with the naming of a

facility. Consideration to including the location name as a suffix will be appropriate. c) Where a facility is substantially changed in nature, in consequence of demolition, re-

subdivision or significant enhancement renaming may be considered. d) Where the Local Government Act Section 2.22 provisions relating to disqualification of a

councillor can be applied to a person (past or present) who has been honoured through the City’s Naming Policy, regardless of status (public servant, politician, past or present councillor or member of the public), the naming shall be revoked, City records and other public records adjusted and naming material on the subject facility removed – which removal can occur without formal reference to the Council.

Report Purpose

To review the Council policy for naming of parks, reserves and buildings to ensure the policy meets the City’s needs – extract from Council resolution 15 February 2005.

Relevant Documents

Attachments: H401106 Naming of Parks, Reserves and Buildings Policy; Geographic Names Committee Principles, Guidelines & Procedures (extract) Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

In February 2005, the Council requested a review of the practice and policy of naming buildings and reserves within the City of Stirling.

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The naming of public places is a means of commemorating particular individuals who have given service to the community. There is a wide range of opportunities to provide recognition for historical connection or outstanding service. The general range of awards available that could be recommended by the City include the following:

Australian Government awards (the Australian Honours system)

National awards (Australian of the Year categories – Australia Day Council)

National awards (science and industry categories) - Australian businesswoman of the year

State citizenship awards

State public service awards

Local government general awards - WAMA achievement awards - Local Government industry awards (federal/state)

Local Government City of Stirling awards - Freeman of the City - Councillor honour boards - City of Stirling community service awards (medallion – gold, silver) - Scholarship awards - Trophy awards

Service organisations - Lions - Rotary - Apex

Sporting organisations

Excellence awards (industry)

Place naming – streets, reserves, buildings and locations Each of the award or recognition events is usually accompanied by guidelines. The guidelines can be broadly characterised as follows:

Those relating to current activities ie citizen of the year awards, which aim at identifying role models for the contemporary community relating to the particular award ie Senior Citizen of the Year, Young Australian of the Year;

Long-term service awards;

Excellence in a particular field; and

Contribution to, or association with, a specific activity or place. City of Stirling Named Facilities In addition to a variety of location and street names, the following listing references buildings and reserves that have been specifically named after people who have been recognised by the City of Stirling Council and its predecessor Councils, over time: Adam Spagnolo Community Centre Bob Daniels Community Centre Colin Moore Community Centre Henderson Resource Centre Herb Graham Recreation Centre Jim Satchell Community Centre Joe Camilleri Diversional Centre Maureen Grierson Community Centre

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Terry Tyzack Aquatic Centre Albert James Reserve Antonio Scarfo Reserve Arbuckle Reserve A.S. Luketina Reserve Barry Britton Reserve Brear Park Breckler Park Brian Burke Reserve Brian Treasure Reserve Brushfield Reserve Butlers Reserve Charles Riley Reserve Clarko Reserve Cruickshank Reserve David Ben Gurion Reserve Des Hoffman Reserve Des Penman Reserve Elyard Marchese Reserve Faull Park Graham Burkett Reserve Herb Elliott Reserve Joe Rice Playground Keith Clarke Reserve Kevan Langdon Reserve Laurie Strutt Reserve Marion Stainton Reserve Matt Williams Reserve Maurice Hamer Reserve Munro Reserve Nissy Mossenson Reserve Raoul Wallenberg Reserve Ray O'Connor Reserve Reader Reserve Richard Guelfi Reserve Robinson Reserve Ron Stone Reserve Ted Cross Reserve Vrankovich Reserve

Abbett Park Bandy Park Bennett Park Caratti Park Copley Park Macaulay Park Tony Marcon Park Zaccaria Park It will be recognised from the existing list of honourees that the honours have, in general, been given either posthumously or in relation to events that have occurred in a particular period or in reference to particular activities that have been identified and proposed for commemoration by the general community.

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Comment

The Council’s current policy H401106 is shown as attachment 1. The Geographic Names Committee Principles, Guidelines and procedures for naming are shown as attachment 2. Many of the parks and reserves in the City of Stirling are vested in the City by the Crown. As a fundamental guideline it would seem appropriate that the Geographic Names Committee policy should be applied to any naming of facilities on Crown reserves as it may well transpire, over time, that the reserve vesting orders are relinquished by the local authority or that restructure of local authorities occur so that the relevance of a particular name may not endure under a new vesting or in a new local government district. The Geographic Names Committee specifically recommends the names of persons holding formal public office should be avoided. The Geographic Names Committee also indicates that components of reserves and buildings can be named in honour of living community members which provides the opportunity for the same person to receive a broader recognition by a posthumous naming of the entire facility to commemorate achievement. In all cases where naming is in reference to facilities that are located on Crown land, the State ownership of the land should be given recognition and, in consequence, naming on Crown land should be strictly in accordance with the guidelines set out from time to time by the Geographic Names Committee. The issue of including a location reference in names often arises. It is not always practical to include a reference to a suburb name or other identifying feature. In any event most tourist and street indexes provide access to locations through pictorial or index data. However, there will be occasions where it is possible to have a suburb name as a suffix and where possible, this should be included, particularly in information available in written records and in electronic records. Where a person has committed an indiscretion that would warrant disqualification from an office of councillor, it would be appropriate to remove any naming reference to that person from a City facility, where the naming has been imparted as a consequence of the application of this policy. The relevant Local Government Act provisions with respect to disqualification are as follows:

2.22. Disqualification because of convictions (1) A person is disqualified for membership of a council if the person —

(a) has been convicted of a crime and is in prison serving a sentence for that crime; or

(b) has been convicted in the preceding 5 years of a serious local government offence.

(2) A court that has sentenced a person for a serious local government offence may make an order —

(a) waiving the application of subsection (1) (b); or (b) reducing the period of 5 years mentioned in subsection (1) (b),and

the court’s order has effect in accordance with its terms. (3) In this section —

“former provisions” means the Local Government Act 1960 as in force before the commencement of this Act; “serious local government offence” means an offence against this Act or the former provisions for which an offender —

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(a) could be sentenced to imprisonment for a term of, or exceeding the period prescribed for the purposes of this section; or

(b) could be sentenced to pay a fine of or exceeding the amount prescribed for the purposes of this section.

Notwithstanding the issues raised in reference to land, buildings and facilities, the Council should consider use of the wider and different honour opportunities listed in the ‘background’ section of this report.

Consultation/Communication Implications

Any change in policy should be advertised for public information.

Policy and Legislative Implications

Changes in policy should co-ordinate with policies and guidelines set out by co-stakeholders. In this case, the Geographic Names Committee and responses of awards (other than City of Stirling awards). The policy wording changes that would flow from the suggestions contained in the report are shown in italics in the extract of the existing policy (refer attachment 1).

Strategic Implications

Naming of facilities should, so far as possible, include a location reference to help build community feeling and assist people, not familiar with the location, in gaining access.

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11.3/AP6 UNAUTHORISED USE OF PREMISES FOR THE HIRE AND SALE OF PERIOD GARMENTS - LOTS 306 & 307, HN 768-770 BEAUFORT STREET, MT LAWLEY

Report Information

Location: Lots 306 and 307, HN 768 and 770 Beaufort Street, Mt Lawley

Applicant: Memory Lane Period Clothing Co P/L

Application No: DA05/0402

Reporting Officer: Director Planning and Development

Business Unit: Approvals

Ward: Lawley

Council Resolution

Moved Councillor Clarey, seconded Councillor Willox.

1. That the application for the unauthorised use of the existing premises on Lots 306 & 307, HN 768 & 770 Beaufort Street, Mt Lawley for the hire and sale of period garments be APPROVED with a shortfall of 45 car bays subject to relevant conditions, including:

That the 12 uncovered car bays indicated on the approved plan be constructed, properly drained, marked out and maintained in good repair to the satisfaction of the City within 6 months of this approval, and;

That the car bays on the lots bays be made available for staff and visitors, free of charge, during business hours.

2. That all unauthorised signage be REMOVED from the premises and the rear portion of the building be demolished to the satisfaction of the City within 90 days of this approval, having applied for and obtaining the relevant demolition licence.

3. That in the event of non-compliance with the Council's resolution then these matters be REFERRED to the Manager Health and Compliance to instigate formal statutory proceedings.

4. That signage be PROVIDED at the front of the property directing customers to parking at the rear.

The motion was put and declared CARRIED.

Committee Recommendation

That the item relating to the unauthorised use of the existing premises on Lots 306 and 307, HN 768 and 770 Beaufort Street, Mt Lawley for the hire and sale of period garments be HELD OVER to the Council Meeting to be held 25 October 2005 for further information on possible parking solutions.

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Officer's Recommendation

1. That the application for the unauthorised use of the existing premises on Lots 306 and 307, HN 768 and 770 Beaufort Street, Mt Lawley for the hire and sale of period garments be REFUSED due to the shortfall of public car parking bays on the site.

2. That the applicant be required to cease operating the business within 60 days of the Council resolution or the City's Solicitors be AUTHORISED to take appropriate action to commence legal proceedings without further reference to Council.

3. That the matter of unauthorised additions to the rear of the building be REFERRED to the Manager Health and Compliance to instigate formal statutory proceedings for its removal.

Report Purpose

To consider the unauthorised use of a lot for the hire and sale of period garments following the submission of additional information by the applicant (referred to at the end of this report).

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Application Tax sheet: 28.54

Principal Statutory Provisions

Use Table Zoning: MRS - Urban

DPS2 - Business Use: Class - Shop

Type - Permitted Description of Development Site Area: 1112m2 Proposal Details: Unauthorised use of lot for hire and sale of period garments. Nearest Cross Street: Second Avenue

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Development Standards Based on the applicant's plan (scale 1:200), the proposed development requires 75.4 car bays (effectively 76 car bays) based on 8 bays per 100m2 of gross leasable area. The proposed use has no external car bays on the lot.

Background

The applicant has sought approval to hire and sell period garments after a complaint was received by the City and an inspection of the lot revealed that the land use was in breach of the City's Planning Scheme. This item was discussed at the Council Meeting held 26 July 2005 where it was resolved: "1. That the officer recommendation not be adopted. 2. That consideration of the application be deferred until the October Committee meeting in

order to allow the applicant to submit details of the remedial parking arrangement for the site, including the partial demolition of the rear of the building and construction of parking bays."

Site History In 1986 the City received an application for the use of the building for the storage of professional records. Although the plans indicated 5 car bays proposed at the rear of the premises the application was not approved as it was deficient in parking. In May 1987 Council approved a delicatessen on the lots. At that time, the report to Council stated that the building was vacant but that it had previously been used by a confectionary company. The report also advised that the applicant originally had applied to divide the premises into a number of shop and office tenancies but this was rejected by the City due to the shortfall of parking. In consideration of the application for a delicatessen the report stated that although the 28 car parking bays which would be necessary to service a new development cannot be provided in this case, the applicant was prepared to demolish the back portion of the building for the construction of 17 car bays to service the delicatessen. The shortfall of parking was subsequently approved. In July 1987 the applicant for the delicatessen made a request to the City to leave the car parking area under cover. The City responded by allowing the applicant to have covered bays on the basis that should any problems arise because of the covered structure then the roof would have to be removed. The rear of the building has never been removed and it is unlikely that the building was ever converted for this use. In October 1987 the City had a request to use the premises as a lunch bar/coffee shop but this was not supported due to insufficient parking. In 1988 the City had a request to use the premises as a restaurant but this was again not supported due to insufficient parking being available. Applicant's Justification The applicant has provided the following information in support of the application:

The previous tenant had been trading as a retail store since 1987 so we did not foresee any problem with the use of the site;

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We considered that our business complemented other retailers in the area without there being any direct competition;

We didn’t foresee any parking problems as there is an abundance of parking in Second and Third Avenues;

We open at 10.30am and so parking is available on Beaufort Street;

The existing building has the ability to house 3 cars for our staff;

Less than half the building is actually for public access;

We have been pro-active in avoiding a parking situation - erecting signs on our front door, opposite our waiting chairs and on our web page and we try to ask clients where they have parked;

The replacement of missing street signs may help to discourage people from entering the private parking area belonging to MZ Picture Framing and Zimmerman Photography;

At our busiest times (Thursday night and Saturday) we only have 2 staff working and 1 assistant serving clients in our hire department;

We rarely have in excess of 10 clients with most being couples (approximately 5 cars). On weekdays we would estimate a maximum of around 20 clients dispersed over the day;

We do not see how the impact on MZ Picture Framing and Zimmerman Photography could be any greater now than with the previous busy tenant that traded here for 12 years;

Numerous other businesses in the area have customers that park in his carpark but we feel that we take the full brunt of his anger due to an earlier confrontation regarding his application on the western side of the street;

We have provided a list of names and signatures of the adjoining businesses as well as nearby residents who are in support of our business.

Comment

The City's records indicate that although various proposals have been considered in the past for the use of this building, the shortfall of on-site parking has been a prohibitive factor in each case, with the exception of a proposed delicatessen which was approved on the basis that a minimum of 17 car bays were to be provided on the site, with access from the rear right of way. The existing building takes up virtually the complete site and unlike the other buildings fronting Beaufort Street between Second Avenue and Third Avenue it does not have any setback to the rear right of way for the provision of parking.

The existing lots are also subject to 2.5m road widening along Beaufort Street but this will be difficult to achieve as the building on the lots is existing and the frontage of the building would therefore need to be demolished. Nevertheless, any further amalgamation of the lots necessitated by the approval of an application would require the separate approval of the Western Australian Planning Commission and the transfer of MRS road widening would normally be a condition of amalgamation. This would be consistent with the lots opposite the site which have had to give up the road widening to permit the proposed 'Dewsons' development.

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Although there is public parking available in both Second Avenue and Third Avenue this is for the use of the general public and not for the exclusive use of customers to the subject site.

The proposed use of the building consists of a clothing sales area, large clothing hire area, an office, kitchen and storage areas with the possibility of an enclosed parking area at the rear of the building which the applicant has indicated would be used for staff parking.

Under the City's District Planning Scheme the proposed use requires 75.4 on-site car bays (effectively 76 bays). This figure could be reduced to 68.6 bays (69 bays) if the proposed undercover staff parking area is excluded from the gross leasable area of the building but nevertheless, the parking shortfall is substantial.

The proposed rear undercover parking area appears difficult to access from the size of the entry/exit opening indicated on the applicant's plans and being undercover and enclosed it will be difficult for the City to establish whether it will continue to be used for parking if it were to be approved by Council for this use.

In view of the significant parking shortfall on the site and fact that the City has received complaints from the adjoining landowner due to customers illegally parking on his property, the unauthorised use of the property is not supported.

ADDITIONAL COMMENTS Following the Planning and Development Committee on 21 June 2005 the City has received a further submission, including a signed affidavit and photographs, from the original complainant to this proposal. This submission is available for viewing at the meeting, with the permission of the writer. A memo has also been received from the City's Community Safety Coordinator which is summarised as follows:

In the 2004-2005 financial year 20 infringements were issued at Mr Zimmerman's car park (next to Memory Lane), however 9 of those have since been withdrawn. Main reasons for withdrawal have been receipts produced by customers proving purchases at the time of infringement at Zimmermann's and The Rock Inn music shop, another withdrawal was based on insufficient road markings.

Mr Zimmermann regularly contacts the City's rangers when he observes a vehicle parked within his car park and he believes the owner is a visitor to Memory Lane. Sometimes these calls are received up to 2 to 3 times a day, but often on the ranger's arrival the vehicles have already departed.

ADDITIONAL COMMENTS FOLLOWING COUNCIL'S RESOLUTION OF 26 JULY 2005 On 3 October 2005 the City received additional information regarding this application. A copy of the applicant's submission is appended to this report. The main points in the applicant's submission are as follows:

The existing cladding at the rear of the building is to be modified to enable appropriate access and security to the site. Eight carparking bays will be provided with suitable manoeuvring space to ensure safe and efficient access and egress from the premises.

The proposed bays can be accommodated undercover without the need to remove the rear portion of the existing roof. The proposed arrangements would obviate the need for undue disruption to the operation of the business due to construction, relocation of services etc.

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The retention of the rear portions of the building to provide a covered parking area has previously been approved by Council.

The provision of 8 customer bays on the property would adequately cater for the demands of the existing business.

The tenant has entered into an agreement to lease with the owners of the adjoining storage facility which has 4 dedicated car bays. 3 of the car bays available on this property will be used solely for staff parking for the tenant's business. This lease comes into effect as of 1 November 2005. The lease is for a term of 2 years with a 2 year option.

A variation to the Council's car parking standards is an appropriate response to the concerns raised by Council because:

(a) The parking needs of the tenant; (b) The tenant will be leasing the adjoining property which will be solely used for storage

and therefore no customer parking is required for that property; and (c) The availability of street and public parking on Beaufort Street, Second and Third

Avenue in addition to the car bays proposed in this submission. COMMENT Based on the applicant's revised proposal the following points are made:

The proposed gross leaseable area has been reduced from 868m2 (excluding original proposed undercover parking area) to 814m2 (excluding new proposed undercover parking area). The parking requirement has therefore been reduced from 69 bays to 66 bays.

8 car bays are proposed on the lot plus 3 bays on the adjoining lot bringing the total numbers of car bays available to staff and visitors to 11 bays.

The proposed use will have a shortfall of 55 car bays. The previous parking shortfall granted by Council for a delicatessen on this lot was 11 bays.

The proposed undercover carbays at the rear of the premises are of insufficient size to comply with Scheme requirements and should be increased in width from 2.4m to 2.6m. Furthermore, the carbays adjacent to walls/columns should be increased a further 300mm on the side of the obstruction, and bays 1 and 5 require an appropriate reversing area to enable vehicles to leave in forward gear.

The most recent planning approval issued for the adjoining lot (Lot 305, HN 772 Beaufort Street) was for a warehouse which was proposed as an addition to the existing shop/warehouse on the lot. This development required a total of 9 car bays, 4 of which were approved adjoining the rear right of way. The proposal to allocate 3 of these bays to the adjoining lot (with a lease arrangement) would potentially result in a shortfall of parking for the existing use. However, if Council considers that this arrangement is acceptable then a legal agreement would be appropriate to ensure that these bays remain available for staff and visitors of the adjoining lot at all times whilst the business is operating and to ensure that no further extensions or changes in use are applied for on Lot 305 where such changes would result in an increased demand for parking based on the City's Scheme requirements.

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The applicant's proposal to accommodate 8 car bays within the existing building is contrary to the Council's resolution of 26 July 2005 which required "the partial demolition of the rear of the building". Furthermore, as previously stated in the report to Council regarding proposed undercover parking…"being enclosed and undercover it will be difficult for the City to establish whether it will continue to be used for parking". Although in 1987 the City allowed undercover parking on the lot for a proposed delicatessen this was on the basis that should any problems arise because of the covered structure then the roof would have to be removed. This is not relevant to the current application as the applicant is proposing to permanently retain the existing structure regardless of future parking needs.

BUILDING COMMENT

The additions to the rear of the building are unauthorised and have not been undertaken in a tradesmanship like manner. Indeed the composite of the original building and additions represent a significant fire risk with the lack of adequate egress and fire fighting appliances.

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SUPPLEMENTARY REPORT - UNAUTHORISED USE OF PREMISES FOR PERIOD HIRE AND SALE OF PERIOD GARMENTS - 768-770 BEAUFORT STREET, MT LAWLEY

Report Information

Location: Lots 306 & 307, HN 768 & 770 Beaufort Street, Mt Lawley

Applicant: Memory Lane Period Clothing Co P/L

Application No: DA05/0402

Reporting Officer: Director Planning and Development

Business Unit: Approvals

Ward: Lawley

Recommendation

1. That the application for the unauthorised use of the existing premises on Lots 306 & 307, HN 768 & 770 Beaufort Street, Mt Lawley for the hire and sale of period garments be APPROVED with a shortfall of 45 car bays subject to relevant conditions, including:

That the 12 uncovered car bays indicated on the approved plan be constructed, properly drained, marked out and maintained in good repair to the satisfaction of the City within 6 months of this approval, and;

That the car bays on the lots bays be made available for staff and visitors, free of charge, during business hours.

2. That all unauthorised signage be REMOVED from the premises and the rear portion of the building be demolished to the satisfaction of the City within 90 days of this approval, having applied for and obtaining the relevant demolition licence.

3. That in the event of non-compliance with the Council's resolution then these matters be REFERRED to the Manager Health and Compliance to instigate formal statutory proceedings.

Report Purpose

To consider a revised car parking layout submitted by the applicant.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Revised plan submitted by applicant; Comments and photographs submitted by the adjoining property owner, Mr Zimmermann. Tax sheet: 28.54

Background

This item was discussed at the Planning and Development Committee on 18 October 2005. Following this meeting the applicant has submitted a revised site plan showing the rear portion of the existing building to be demolished to allow for the provision of 12 car bays.

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Comment Based on the applicant's revised plan received 20 October 2005 the following points are made:

The proposed gross leasable area has been reduced from 868m2 (excluding original proposed undercover parking area) to 709m2. The parking requirement has therefore been reduced from 69 bays to 56.7 bays (ie: 57 bays).

The proposed use based on the latest revised plans will have a shortfall of 45 bays. The previous shortfall granted by Council for a delicatessen on this lot was 11 bays.

Notwithstanding this shortfall, the provision of 12 new car bays at the rear of the premises is more desirable from a planning viewpoint than the current situation whereby no approved car bays exist. Furthermore, this proposal would ensure that the existing unauthorised structure on the lots is demolished thus removing the significant fire risk that currently exists.

Council could also consider waiving the normal requirement for cash in lieu for the shortfall of parking on the lots, as if applied, it would exceed the maximum number of bays that can be considered under the Council's Policy "Parking Concessions in 'Main Street' Commercial Centres" and would probably make any re-development on the lots unviable.

Existing signage on the lot is currently unauthorised but is the subject of a separate signage application that has been submitted by the applicant. The existing signage where non-compliant with the City's signage provisions should be removed.

The adjoining property owner, Mr Zimmermann has advised that a number of the comments made under 'Applicant's Justification' in the report to the Planning and Development Committee of 18 October 2005 were incorrect. These comments relate entirely to the points advanced by the applicant and were therefore reported, without correction, as a point of procedural fairness.

Mr Zimmermann has also advised that should this business move away then he would be prepared to remove the bollards that have been installed to protect his parking area and he would be prepared to allow other small businesses in the area to use this parking space. This, he advises, would help to remove the problem of people parking on the verges in Third Avenue as there is a general shortfall of parking in this area particularly in the evening when Third Avenue restaurants open.

A copy of Mr Zimmermann's submissions, including photographs showing existing parking problems will be available for viewing at the Council meeting.

If this application is approved by Council then the applicant should be required to remove the non-compliant signage and the rear portion of the building within 90 days to ensure appropriate implementation of the Council's resolution.

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11.3/PS5 AMENDMENT 502 TO DPS 2- LOT 22 HN 44 ELSEGOOD STREET - 'GENERAL INDUSTRIAL' TO 'MEDIUM DENSITY RESIDENTIAL R40' - OUTCOMES OF ADVERTISING

Report Information

Location: Lot 22 HN 44 Elsegood Street, Dianella

Applicant: Richard Smith

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Inglewood

Council Resolution

Moved Councillor Clarey, seconded Councillor Daniel. That: 1. Amendment 502 to District Planning Scheme No 2 be ADOPTED in an unmodified

form, signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

2. The Chief Executive Officer, be DELEGATED AUTHORITY to REFUSE further

residential rezoning applications in the Dianella Industrial Area pending the preparation of a coordinated strategy for the redevelopment of the area, proposed to occur during the 06/07 budget year.

The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE.

Committee Recommendation

That: 1. Amendment 502 to District Planning Scheme No 2 be ADOPTED in an unmodified form,

signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

2. The Chief Executive Officer, be DELEGATED AUTHORITY to REFUSE further residential

rezoning applications in the Dianella Industrial Area pending the preparation of a coordinated strategy for the redevelopment of the area, proposed to occur during the 06/07 budget year.

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Recommendation

That: 1. Amendment 502 to District Planning Scheme No 2 be ADOPTED in an unmodified form,

signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

2. The Chief Executive Officer, be DELEGATED AUTHORITY to REFUSE further residential

rezoning applications in the Dianella Industrial Area pending the preparation of a coordinated strategy for the redevelopment of the area, proposed to occur during the 06/07 budget year.

Report Purpose

To consider the outcomes of advertising of Amendment 502 to District Planning Scheme No 2.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Amendment Document, Schedule of Submissions (previously circulated under separate cover) Tax sheet: 28.59

Summary of Proposal Current Zoning: MRS - Urban

DPS2 - ‘General Industrial’ Proposed Zoning: DPS2 - ‘Medium Density Residential R40’ Size of Site: 4044m2

Location Plan

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Background

The Dianella Industrial Area is a pocket of industrial land which has presented to the City a range of challenges in managing land use conflicts and issues in the past. These have largely arisen as a result of its location, predominantly surrounded by residential development, with consequent investigation of opportunities to facilitate residential redevelopment of the area occurring and still in train (refer 11.3/PS8, 28 June 2005). It is bound by residential lots to the north-west and other commercial/business uses to the south-east. The area comprises of 21 industrial lots, all of varying sizes and land uses. The surrounding residential areas comprise of Low Density Residential R30-zoned sites. The subject site and its rezoning has been considered by Council several times previously, dating back to 2003, albeit under a different Amendment number (455), with this previous rezoning being initiated, advertised but abandoned in favour of investigation of more comprehensive redevelopment options for the area. These options did not, however, receive sufficient support from landowners to proceed quickly and on 28 June 2005, Council resolved, inter alia: “That District Planning Scheme No. 2 be AMENDED by rezoning Lot 22 HN 44 Elsegood Street, Dianella from ‘General Industrial’ to Medium Density Residential R40” (11.3/PS8) Advertising subsequently occurred in accordance with the Town Planning Regulations (as amended) and was completed on 21 September 2005.

Comment

OUTCOMES OF ADVERTISING At the completion of the advertising period, 5 written submissions were received (one late), of which 4 were in support and 1 in objection, along with two petitions, one in support and one of objection. Submissions are detailed in the Schedule (available for viewing), with key points summarised as follows: In Support:

The current state of the buildings are an eyesore which may pose health risks as they continue to fall into disrepair;

Undesirable individuals use the area as a place to do drug business, with comings and goings throughout the night;

Others stop during the evening to dump trash and furniture;

The noise and pollution associated with the area as well as the alarms that are sometimes left for days on the premises detract from the amenity of the neighbourhood;

The mechanics often test-drive the cars they are working on around the residential streets at very high speeds.

A representative of a landowner owning several of the adjacent industrial sites indicated that; Due to the dilapidated nature of a number of buildings in the industrial area, it would be

most desirable, to see residential development occur throughout the area; A recent burglary at one of their properties has highlighted the vulnerability of the industrial

area to crime due to the fact that it is essentially deserted at nights and on weekends; Residential development can only lift the standards in the area and improve the general

appearance and desirability of the location.

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Two other, more general submissions were received by surrounding neighbours outlining their support of the proposal. Concerns about noise and the amenity of the neighbourhood were also raised, in particular the degradation of the existing buildings. In Objection: An adjoining business owner (on Walter Road, outside the Dianella Industrial Area) provides the following argument:

This rezoning will ‘pave the way’ for other rezonings in the area creating more land use conflicts between the two uses;

That residential uses are not compatible with the current industrial use zoning which surrounds it;

The rezoning will be the first intrusion into a compact industrial zoned area and will eventually destroy the area for the existing zoned uses;

It will eventually result in restrictions on the uses of the currently zoned industrial zoned land;

The industrial node as it now exists will reduce in viability as it shrinks;

Current owners have established development compatible with the current zoning which will become threatened by zoning change;

The City of Stirling needs a mixture of zonings throughout its area and this includes industrial nodes. To rezone this land to medium density residential is the first zoning, which will eventually result in the loss of this industrial area, and an alternative industrial area will then need to be established before any reduction in industrial land is permitted by rezoning proposals such as this.

Petitions Further to these submissions, two petitions were also received, one for (with 33 signatories) and one against (with 14 signatories) the proposal. A location map of the petitioners is available for viewing. However, neither petition outlined any specific planning justification for their argument but rather presented signatures representing their respective points of view. In terms of the distribution of the petitioners, there was a clear separation from those in support being the surrounding residents and those opposing being largely those operating from within the industrial area. RESPONSE TO SUBMISSIONS & PLANNING CONSIDERATIONS The Draft Industrial Areas Management Strategy, adopted by Council in October 2004 (Item 11.1/PL11, 19 October 2004), identified Council’s preference for the Dianella Industrial Area to redevelop to residential use, with this position having been developed by Council, taking into account the advantages and disadvantages of a range of options, including a composite zone and the option of retaining the status quo. Council's preference to facilitate entirely residential redevelopment was clear, however, and is consequently reflected in the draft Strategy. The concerns about the coordination of this redevelopment and avoiding further exacerbating land use conflict through the encroachment of residential into the industrial area are noted and have previously been debated by Council. However, it should be noted that the site is located on an outer corner of the Area and therefore does not really encroach into the area, but rather slightly shifts the location of the interface. As such, it is questionable whether it will increase the current land use conflict. The concern about coordination of redevelopment remains, and is proposed to be addressed through development of a holistic redevelopment option in the next financial year. However, on balance and taking into account the history of the proposal and Council's previous direction, the rezoning of this particular site independent of the rest of the area is supported as a pragmatic alternative to delaying redevelopment of the site further.

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Extension of this position to other sites would not, however, be supported, independent of a coordinating strategy, particularly given the location of this site on the edge of the area, and the history of complaint surrounding its use. It is therefore recommended that authority be delegated to the CEO to refuse further rezoning applications pending the outcome of the development of the coordinating strategy for the area in 2006/07

Consultation/Communication Implications

Consultation required by legislation and completed. 4 written submissions, 2 petitions and 1 late submission received.

Policy and Legislative Implications

Amendment subject to the provisions of the Town Planning & Development Act 1928 and the Town Planning Regulations 1967 (as amended). Proposal is generally consistent with Council's draft Industrial Areas in Transition Strategy.

11.3/PS6 AMENDMENT 5 TO TOWN PLANNING SCHEME NO 38

Report Information

Location: Town Planning Scheme 38 Area

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Doubleview

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose. That Amendment No 5 to Town Planning Scheme No 38 be ADOPTED and processed in accordance with the Town Planning Regulations. The motion was put and declared CARRIED. Councillor Re dissented.

Committee Recommendation

That Amendment No 5 to Town Planning Scheme No 38 be ADOPTED and processed in accordance with the Town Planning Regulations.

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Officer's Recommendation That Amendment No 5 to Town Planning Scheme No 38 be ADOPTED and processed in accordance with the Town Planning Regulations.

Report Purpose

To consider a proposal to amend Town Planning Scheme No 38 to: i. Delete the Scheme work - New Traffic Signals at Oswald Street & Scarborough Beach

Road Intersection; and ii. Extend the special provisions relating to deferring payment of Scheme Costs to the

residential owners in Precinct 2.

Relevant Documents

Attachments: Previous reports, Amendment Text Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

On 16 July 2002 (Item 11.1/PL4) and 3 September 2002 (Item 11.2/F5), respectively, Council gave approval to amend Town Planning Scheme No 38 to:

i. Delete the Scheme work - New Traffic Signals at Oswald Street & Scarborough Beach Road Intersection; and

ii. Extend the special provisions relating to deferring payment of Scheme Costs to the residential owners in Precinct 2;

Copies of the previous reports outlining the rationale for the changes are attached. These proposed amendments were originally intended to be carried out as part of a larger amendment to the administrative provisions of the Scheme. However, due to the complexity of the amendments proposed for the administrative provisions and pressure on resources, progress was delayed.

Comment

In order that these two items are not further delayed, it is now proposed to proceed with the preparation of the separate amendment (Amendment No 5) to effect Council's resolutions. To this end, the draft amendment text is attached for Council's consideration and approval.

Consultation/Communication Implications

Consultation on required in accordance with Town Planning Regulations, if endorsed.

Policy and Legislative Implications

Amendment subject to the provisions of the Town Planning & Development Act 1928 and the Town Planning Regulations 1967 (as amended). No specific Council policies applicable.

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Financial Implications The amendment involves the removal of costs from the Scheme involved in the installation of the traffic signals at Oswald Street & Scarborough Beach Road intersection, and the consequent absorption of this ($28,000) by the City. The second aspect of the amendment will enable residential landowners in Precinct 2 to defer payment of Scheme Costs (with interests) indefinitely until the property is used or redeveloped for commercial purposes or above R40 residential density. This liability will be carried by the City until so recovered from the owners. There are currently 11 residential properties in Precinct 2, 3 of which have already fully met their Scheme Costs obligations, with a further 7 properties partially paid.

11.3/PS8 MIXED USE OFFICE & RESIDENTIAL DEVELOPMENT - LOTS 7-10 EWEN STREET, INNALOO - PRECINCT 6 OF TPS 38

Report Information

Location: Lots 7-10, HN 260-266 Ewen Street, Innaloo

Applicant: Ark 2000 Pty Ltd

Application No: DA04/0908

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Doubleview

Council Resolution

Moved Councillor Clarey, seconded Councillor Copley. That the Item relating to Town Planning Scheme No. 38, Precinct 6, Mixed Use Office and Residential Development - Lots 7-10 Ewen Street, Innaloo, be HELD OVER to the Council Meeting to be held 25 October 2005 to allow further consideration by Councillors. The motion was put and declared CARRIED.

Committee Recommendation

That the Item relating to Town Planning Scheme No. 38, Precinct 6, Mixed Use Office and Residential Development - Lots 7-10 Ewen Street, Innaloo, be HELD OVER to the Council Meeting to be held 25 October 2005 to allow further consideration by Councillors.

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Officer's Recommendation

In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996, should the Committee agree to the following recommendation, then the written support of at least five elected members will be required prior to Council consideration.

That Council's decision of 26 July 2005 (Item 11.1/PS8) regarding Lots 7-10 Ewen Street, Innaloo, viz:-

"That the Item relating to Town Planning Scheme No. 38, Precinct 6, Mixed Use Office and Residential Development - Lots 7-10 Ewen Street, Innaloo, be HELD OVER until the revised Outline Development Plan (ODP) and a traffic plan is presented to Council."

be REVOKED and REPLACED with:

That the mixed use office and residential development proposed on Lots 7-10 Ewen Street, Innaloo be SUPPORTED as a modification to the approved Outline Development Plan subject to the following:

All verges to be regraded and paved to provide appropriate access for pedestrians to and along the proposed development to the satisfaction of the City's Manager Engineering Design;

The existing driveway to be removed and the verge, footpath and other remedial works to the reinstated to the satisfaction of the City's Manager Engineering Design;

Car parking to be paved and drained to the satisfaction of the City's Manager Engineering Design;

The right of way to be upgraded to the satisfaction of the City's Manager Engineering Design;

The written support from the owner of the abutting Lot 6.

And that any subsequent development application compliant with the modified ODP be DETERMINED accordingly.

NB: ABSOLUTE MAJORITY VOTE REQUIRED

Report Purpose

To further consider a mixed use office and residential development in Precinct 6 of Town Planning Scheme.

Relevant Documents

Attachments: Item PS8 from the Planning and Development Committee of 19 July 2005. Available for viewing at the meeting: Development Application, Current ODP, Proposed ODP Tax sheet: 18.60

Principal Statutory Provisions

Use Table Zoning: MRS - Central City Area

TPS38 - Stirling City Centre - Precinct 6 Use: Class - Office / Single House (multiple format)

Type - Preferred Use / Neither Preferred nor Contemplated

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Description of Development Site Area: 1298m2 Proposal Details: Four office tenancies with residential dwellings above, fronting Ewen

Street with parking from the rear right of way.

Development Standards The setbacks and other aspects of the design were considered in detail in the previous report (attached). The design has been amended to provide a two metre setback to Ewen Street which represents a variation to the 20m street setback specified under the Scheme, and the 10-12m setback proposed in the adopted Outline Development Plan. The variation may be considered under Clauses 2.8 and 4.11 of the Scheme. Consultation Required The previous report advised that the proposed use required advertising as it involves a use ('Single House') which is neither preferred nor contemplated under the Scheme. However, this requirement is deemed to have been met in the advertising of the current Outline Development Plan (ODP) for the Precinct (available for viewing), which was adopted by Council 18 March 2003. The proposed alteration to setback does not necessitate advertising in its own right, though this can occur at Council's discretion under Clause 2.7.

Background

On 26 July 2005 Council, considered the proposal and resolved: "That the Item relating to Town Planning Scheme No. 38, Precinct 6, Mixed Use Office and Residential Development - Lots 7-10 Ewen Street, Innaloo, be HELD OVER until the revised Outline Development Plan (ODP) and a traffic plan is presented to Council." (Item 11.3/PS8) The revised ODP is the subject of a separate report to Council but, in any event, the proposal is generally consistent with both the adopted and revised ODPs, excepting the setback proposed to Ewen Street (which was 10-12m in the adopted ODP, and is proposed at nil in the revised ODP). This aspect was considered in the 26 July report and, in response to concerns raised in this, the applicant has submitted a modified proposal incorporating a 2m setback, as was recommended. The applicant has also submitted a letter of further justification and a request that the application not be deferred any longer.

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Comment

APPLICANT'S JUSTIFICATION The applicant has made the following comments in support of the proposal: "We consider this resolution of Council to be unfair and unwarranted for the following reasons:-

The revised ODP for Lots 7-10 is self contained and can be considered independently as its design is not compromised by the proposed changes to the ODP by the proposed revision of Lots 4, 13, 15 and 367 Scarborough Beach Road, Innaloo.

The revised ODP is not reliant on parking or access from Ewen Street and therefore is not directly affected by the proposed changes to the alignment of Ewen Street under the revision of the ODP for Lots 4, 13, 15 and 367 Scarborough Beach Road.

The proposed changes by the revision of the ODP design for Lots 4, 13, 15 and 367 Scarborough Beach Road includes some fundamental changes, particularly that of the Ewen Street alignment which is likely to general objections. Our revised ODP retains the intent for the development of Lots 7-10 under the original ODP and accordingly it is not considered necessary to link our revised ODP with the proposed one to be lodged for Lots 4, 13, 15 and 367 Scarborough Beach Road.

The revised ODP incorporates changes to the design to reflect the officer's recommendation (agenda report July 2005) of providing a 2m setback to Ewen Street and addressing architectural and landscaping detail (see text below).

The original ODP that the subject land was acquired under, provided for parking at the front. Plans were submitted for consideration by the Council's Planning and Engineering Departments. The parking layout was considered to be unacceptable to the Engineering Department. After further consultation with both of these Departments, it was agreed that our proposal to locate this at the rear would be a safer and more visually appealing option.

The revised ODP design in providing the car parking at the rear provides a better traffic engineering solution to traffic circulation and parking an allows a better urban design solution by providing a built frontage to Ewen Street.

The revised ODP was subsequently submitted to Council with full support from both the Engineering and Planning Departments. Without any prior knowledge, these were put to Council for consideration with a recommendation for a two metre setback at 26 July 2005 meeting.

The subject land was purchased from Council in good faith to be developed for the purposes as proposed. The settlement was effected in June 2004. The initial planning approval submission was lodged in September 2004. To this day, we have not been able to get a consensus on a basic planning approval from the City. The delay in considering the revised ODP is onerous and without valid reason. This is an unjust financial burden. Ask yourselves the question "Is this a fair and equitable process?"

In respect of the above we accordingly request that Council reconsider its resolution and give further consideration to advertise the revised ODP plan for Lots 7-10 as per the further amended plan dated October 2005." The applicant has also requested that if advertising is required, the proposal be advertised independently of the remainder of the Precinct due to delays which have already occurred. The applicant further advises that:- Detailed plans and landscaping plans will be provided upon the revised ODP being adopted;

and

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The design of the ground floor offices will essentially be a glass façade and the upper residential section will incorporate a modern style residential design, similar to that found in Subi Centro.

PLANNING COMMENT 1. Most aspects of the proposed development have been covered in the original report

(attached). The only change to the previously submitted plan is that the setback to Ewen Street has been increased to 2m, as was recommended, and further detail has been provided with regards to design and landscaping provision, both of which aspects would be further assessed as part of any subsequent development application.

2. The original ODP approved for the area in March 2003 (including a bottle-shop and small

tavern on the Strathfield site on the corner of Ewen Street and Scarborough Beach Road) indicated two storey office and residential development on the site the subject of this application. This application is generally consistent with the adopted ODP, other than the reduced street setback proposed. Given the advertising that occurred for the current ODP, the use can be said to have been advertised and approved and therefore readvertising of this aspect is no longer considered necessary. The key consideration presented by the application, therefore, is the altered street setback proposed.

3. Given its predominant compliance with both the adopted ODP, it is indeed debatable

whether deferral of the application for consideration in the context of the modified ODP is reasonable, particularly given that the proposal is not in conflict with this, either.

4. With regards to the acceptability of the design, the revised plan incorporates a 2m setback to

Ewen Street which is supported, subject to certain conditions. Indeed, the modification to the layout of the site to relocate parking to the rear arose at the request of the City's Engineering Design Unit to provide for better traffic management.

5. In view of the long history and the previously approved ODP, and the deemed merits of the

alternative setbacks (as detailed in the previous report), the proposal is recommended to be supported as an amendment to the ODP. It should be noted that it would be appropriate to seek the comments of the adjoining owner to the east (Lot 6 Ewen Street) to the variation because of the direct affect of the alteration on this owner. If any objection is made, this would be referred back to Council.

6. Assuming support for this variation to the ODP, formal development application would be

assessed against the Scheme and applicable policies and determined accordingly.

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11.3/PS9 MANGO JOE'S/JAVA JIVE - DRIVE-THROUGH KIOSK - LOT 204, HN 46 OSWALD STREET, INNALOO

Report Information

Location: Lot 204, HN 46 Oswald Street, Innaloo

Applicant: Freeway Corporation Pty Ltd

Application No: DA05/0384

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Doubleview

Moved Councillor Clarey, seconded Councillor Rose

That upon submission of amended plans deleting the pylon sign and reducing on-building signage to the satisfaction of the Manager Policy & Strategic Development, the application for a takeaway fast food drive through kiosk on Lot 204, HN 46 Oswald Street, Innaloo be APPROVED subject to relevant conditions.

Council Resolution

Moved Councillor Sebrechts, seconded Councillor Willox. That the Item relating to Mango Joe's/Java Jive - Drive-Through Fast Food Kiosk - 'Action Mega Centre' - Lot 204, HN 46 Oswald Street, Innaloo be REFERRED BACK to the Planning and Development Committee meeting to be held 15 November 2005 for further consideration. The motion was put and declared CARRIED.

Committee Recommendation

That upon submission of amended plans deleting the pylon sign and reducing on-building signage to the satisfaction of the Manager Policy & Strategic Development, the application for a takeaway fast food drive through kiosk on Lot 204, HN 46 Oswald Street, Innaloo be APPROVED subject to relevant conditions.

Officer's Recommendation

That upon submission of amended plans deleting the pylon sign and reducing on-building signage to the satisfaction of the Manager Policy & Strategic Development, the application for a takeaway fast food drive through kiosk on Lot 204, HN 46 Oswald Street, Innaloo be APPROVED subject to relevant conditions.

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Report Purpose

To further consider an application for a drive-through fast food kiosk that was approved in principle by Council on 26 July 2005.

Relevant Documents

Attachments: Minutes of Council Meeting of 26 July 2005 (11.3/AP5) Available for viewing at the meeting: Site Plan / Elevations Tax sheet: 19.60

Background

On 26 July 2005 Council resolved, in respect of the application for a takeaway fast foods kiosk within the parking area of the Action Mega Centre, off Ellen Stirling Boulevard: "That the applicant be ADVISED that, as it is not considered detrimental to the amenity of the area, the City would be prepared to APPROVE IN PRINCIPLE the application for the proposed drive-through kiosk at Lot 204, HN 46 Oswald Street, Innaloo subject to further discussions with Ward Councillors and City Officers in respect to the site location." (Item 11.3/AP5) 1. A site meeting with Ward Councillors was held on 11 August 2005 at which concerns and

various location options were discussed. In addition, the issue of building design was raised, with a concern as to how the development would harmonise with the existing development and streetscape. Queries regarding opening hours, peak usage times, products sold and servicing were also raised.

2. Subsequent meetings were held with the applicants following which a modified proposal

and additional detail was submitted.

Comment

3. The revised plans submitted locate the facility closer to Ellen Stirling Boulevard (near the corner of Oswald Street), and parallel to this. They meet the City's Engineering Design Unit's requirements and minimise interference with traffic and parking circulation.

4. The applicant has advised that the business proposed to operate between 7am and 7pm.

They anticipate peak operating times will be between 7.30 and 9.00am, with proposed service deliveries occurring prior to opening (6.45 - 7am).

5. The building is set back approximately 7m from Ellen Stirling Boulevard in variance to the

Town Planning Scheme No. 38 requirement of 20m. This setback is necessary, however, to reduce impact on parking bay provision and traffic circulation at the centre. Additionally, because of the free standing nature of the development, its proximity to the street is considered unlikely to have a substantially more adverse impact on streetscape than a compliant proposal, particularly when taken in the context of the setbacks provided (and proposed for future infill development) for the abutting Innaloo Shopping Centre.

6. The number of parking bays lost by the development has increased from 20 to 21 however

Council previously indicated that it believed sufficient parking exists in the Centre.

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7. The applicant has provided coloured elevations of the building and additional information on the company and the product. It should be noted that the facility has altered from the 'Mango Joes' juice bar originally proposed to 'Java Jive - Groove Food' and appears to be more of a drive through café than a juice/coffee bar. It will sell subs, soup, doughnuts, fresh fruit smoothies and coffee etc.

8. The design of the building with a skillion roof and opposite angled imagery "wings" on the

side for advertising purposes maximises exposure. There is also some concern regarding other signs on site, including a pylon sign. The applicant has indicated that they have reduced the height of the proposed advertising "wings", but this needs to be confirmed.

9. Town Planning Scheme No. 38 advertising sign guidelines do not permit more than 1 pylon

sign per frontage. Being in Ellen Stirling Boulevard, there is already the very large Action Megacentre pylon on site and there is a profusion of street signs along Ellen Stirling Boulevard. Any more signs would add to the confusion and could not be recommended.

10. No scaled drawings have been provided on the current proposal, so a full assessment of

the signage cannot be made. However, the signage is excessive considering the existing signage and the signage guidelines for the area.

11. In discussion with Ward Councillors, it was suggested that the building should blend in and

harmonise with the existing Action Megacentre, which has a contemporary Tuscan / Mediterranean theme. The proposed new building is single storey and is 3.2m wide and 9.6m long (small garage size) and follows the corporate style of the business. This does not harmonise with the Centre but could be argued to be sufficiently distant from the building to read as something of an independent entity.

12. In summary, the following comments are made on the three main aspects of the

development that need to be considered.

12.1 The design - due to the size of the building, it could be difficult to achieve a Tuscan theme and this is in conflict with the corporate image of the applicant. The current design with a skillion roof and angled advertising "wings" would not, however, blend in with the shopping centre design. Council's direction on the acceptability of this aspect of the proposal is required. On balance, however, it is the view of officers that the design is acceptable, subject to a reduction in signage.

12.2 The signage is considered excessive - no further pylon signs are permitted and the signage on the building is in excess of Council's policy and Town Planning Scheme No. 38 advertising sign guidelines. Detailed assessment of this component would occur upon submission of a signage licence but is flagged here for the sake of completeness.

12.3 The setback required under Town Planning Scheme No. 38 is 20m with a 7 - 10m setback proposed. Due to the size of the building, its independence from the main building and the altered nature of the streetscape being achieved along Ellen Stirling Boulevard, the impact of this variation is considered minor and is supported.

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Moved Councillor Ham, seconded Councillor Daniel That Item 11.3/PS8 be resubmitted for consideration. The motion was put and declared CARRIED.

11.3/PS8 MIXED USE OFFICE AND RESIDENTIAL DEVELOPMENT

The written support of Councillors Boothman, Copley, Ham, Rose and Tyzack was received prior to the meeting to allow consideration of the following revocation motion:

Council Resolution

Moved Councillor Daniel, seconded Councillor Ham

1. That Council's decision of 26 July 2005 (Item 11.1/PS8) regarding Lots 7-10 Ewen Street, Innaloo, viz:-

"That the Item relating to Town Planning Scheme No. 38, Precinct 6, Mixed Use Office and Residential Development - Lots 7-10 Ewen Street, Innaloo, be HELD OVER until the revised Outline Development Plan (ODP) and a traffic plan is presented to Council."

be REVOKED. The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE.

Moved Councillor Daniel, seconded Councillor Ham

2. That the mixed use office and residential development proposed on Lots 7-10 Ewen Street, Innaloo be SUPPORTED as a modification to the approved Outline Development Plan subject to the following:

All verges to be regraded and paved to provide appropriate access for pedestrians to and along the proposed development to the satisfaction of the City's Manager Engineering Design;

The existing driveway to be removed and the verge, footpath and other remedial works to the reinstated to the satisfaction of the City's Manager Engineering Design;

Car parking to be paved and drained to the satisfaction of the City's Manager Engineering Design;

The right of way to be widened to 6 metres and upgraded to the satisfaction of the City's Manager Engineering Design;

The written support from the owner of the abutting Lot 6.

And that any subsequent development application compliant with the modified ODP be DETERMINED accordingly.

The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE. Councillor Re dissented.

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11.3/PS10 LOCAL AREA PLANNING

Report Information

Location: City Wide

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: City Wide

Council Resolution

Moved Councillor Clarey, seconded Councillor Michael.

1. That the Local Area Planning project and the objectives detailed in the report of the Director Planning and Development be ENDORSED for the purposes of undertaking a Pilot study.

2. That the proposed Local Area Planning boundaries be ENDORSED.

3. That Council ENDORSE the initiation of the ‘Pilot’ Local Area Planning Study for the ‘South Dianella’ Area, including the commissioning of consultants to assist with the community consultation.

The motion was put and declared CARRIED. Councillor Stewart dissented.

Committee Recommendation

1. That the Local Area Planning project and the objectives detailed in the report of the Director Planning and Development be ENDORSED for the purposes of undertaking a Pilot study.

2. That the proposed Local Area Planning boundaries be ENDORSED.

3. That Council ENDORSE the initiation of the ‘Pilot’ Local Area Planning Study for the ‘South Dianella’ Area, including the commissioning of consultants to assist with the community consultation.

Officer's Recommendation

1. That the Local Area Planning project and the objectives detailed in the report of the Director Planning and Development be ENDORSED for the purposes of undertaking a Pilot study.

2. That the proposed Local Area Planning boundaries be ENDORSED.

3. That Council ENDORSE the initiation of the ‘Pilot’ Local Area Planning Study for the ‘South Dianella’ Area, including the commissioning of consultants to assist with the community consultation.

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Report Purpose To consider:

o the Local Area Planning project and objectives; o Local Area boundaries; o options for the conduct of a ‘Pilot’ study.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Proposed Local Area Boundary Plans & Project Brief. Tax sheet: Nil

Background

The notion of Local Area Planning was presented to Council at the Briefing Session on 6 September 2005. Local Area Planning (or Precinct Planning, as it is sometimes known) has become common throughout many Government areas including through Redevelopment Authorities. The principle motivator behind the approach is a desire to introduce new planning methodology to facilitate better, more responsive and integrated planning outcomes, and greater opportunity for the community involvement in, and comprehension of planning. It also provides an opportunity to look at areas in a greater level of detail than is sometimes possible through broader planning exercises. The role of Local Area Planning was also canvassed at the subsequent Density Review Workshop, held 12 September 2005. The outcomes of this workshop are reported separately on this agenda.

Comment

The Briefing Session report provides a description of and rationale for Local Area Planning. At the Session, however, some Councillors indicated:

o A concern that the process may be unnecessary, potentially duplicating existing planning processes;

o Concerns about the proposed boundaries of the Areas; and o Concern about the use of consultants to assist in the pilot project.

Notwithstanding this, there appeared to be general support for trialling the project by the majority of attendees. This position was reinforced by the support given for integrating the (limited) review of residential densities proposed to advance the Density Review project with this. The purpose of this report is to seek formal endorsement for the conduct of the project, respond to concerns raised, propose modified Area boundaries and to detail the next steps of the proposed process.

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ROLE OF THE PROJECT Given the fact that the Local Area Planning concept is a relatively new one to the City and one which very much seeks to respond to public priorities rather than to pre-empt these, the scope of the project remains somewhat flexible. Notwithstanding this, it could be anticipated that the format of Local Area Planning should be implemented throughout the organisation as a planning and consultation tool, not just for town planning but also for a range of issues under the direction of a strong vision, objectives and indicators for each local area. The advantage of this approach over more traditional approaches is that it better allows the Council to recognise the differences in local areas, and the need to tailor responses, somewhat, based on an areas specific attributes and communities' aspirations. As was previously emphasised, this is not intended to allow for an inconsistent policy approach or for the undermining of important City-wide policies through local variation but rather for a recognition that in applying policies at the local level, a degree of refinement is almost invariably appropriate, but is often difficult to achieve in an area the size of Stirling. It further recognises that local priorities may vary, and that the City should be responsive to this. Examples of this were demonstrated in community responses to questions posed in the Community Needs Analysis survey undertaken in 2004 in which it was demonstrated that residents in the south-eastern parts of the City preferred retention of all public open space to its rationalisation and improvement, in contrast to residents in central suburbs. Similarly, responses to the most appropriate location of density development varied geographically, with the south-eastern residents again indicating a variation in opinion to the majority view in the remainder of the City in preferring concentration of this around transport and commercial nodes. That is not to say that the Council should necessarily pursue varying approaches to these issues in different areas, but it does demonstrate geographical variation in view and priority. In terms of the desired outcome for the town planning aspect, the project will provide the mechanism by which Local Areas can periodically be reviewed to ensure that the statutory and strategic planning framework reflects the vision and objectives assigned to each area. Conversely, the project provides the opportunity to advance the application of regional strategies. Further to these statutory and strategic mechanisms this process will initiate, one of the key objectives of this project is to foster a sense of community and engagement in local areas through community visioning and active participation. Another key aspects of the project, while localising planning responses and outcomes, is to place the Local Area within a regional context. As the outer Local Areas abut other Local Authorities, it is important to recognise that that the use and purpose of those Local Areas may serve a wider population than the community within it. It is essential therefore, that these Local Authorities are consulted in order to achieve a comprehensive planning outcome, as opposed to a segregated one. The same principles will be applied to internal Local Areas abutting other internal Local Areas. PROJECT OBJECTIVES The proposed objectives of the project are:

To review key planning issues, policies and forces acting on local areas within the City and develop/ensure a coordinated response to these;

To identify specific ‘opportunities’ and 'constraints' within each local area and develop strategies to address these;

To develop a commonly embraced 'vision' for local areas, areas of local significance, and key attributes contributing to each area's sense of place, and responses to these;

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To identify issues of priority to the local community and work with them to developing practical solutions to these, within the context of a regional framework;

To foster open lines of communication between the City and the community; To create a sound and comprehensible statutory and strategic planning framework for each

local area to allow delivery of the vision and plan; and To help ensure that each local area operates in a sustainable way and in balance with

surrounding precincts and other areas of influence. PILOT STUDY In order to test the principles and methodology of Local Area Planning, it is recommended that a pilot study be undertaken. The role of the pilot will enable the process to be refined and adjusted in accordance with the overarching objectives of the study. It cannot be expected to provide a comprehensive and universally accepted solution for all issues, but could potentially form a very useful strategic planning mechanism and provide better opportunity for community input into and understanding of the process. As such, its trial through a ‘pilot project’ is recommended. The South Dianella locality (pending approval of the Local Area boundaries) is tentatively nominated as the pilot area. Its selection was made on the basis that:

The area has not recently been subject to any major planning studies or initiatives by which this project may be confused with;

The area is reasonably discreet in nature with a good variety of issues anticipated to be raised including, built form, density and small commercial centres;

Because the area is abutting an adjoining local authority, the interface both physically and in a planning context can be explored and set a ‘standard’ for other localities in similar situations;

The area is small enough in size to manage a ‘pilot’ study but is anticipated to highlight a good range of issues within the precinct so as to develop a useful structure and methodology for the remaining proposed precincts;

It has been identified as suitable for the pilot POS classification exercise; and

The area was scheduled for one of the next rounds of the residential density review, before this project was deferred.

BOUNDARY OPTIONS The boundaries applied must inevitably be arbitrary to some degree and it is important to recognise this and not to seek to pretend that all activities can or should respond to, or be restricted to, these boundaries. The boundaries, whilst potentially representing a real line of difference will, in many other instances, principally represent an administrative tool. When looking at the actual structure of the Local Area approach, a hierarchy of precincts may also need to be applied. For example, shopping trends and employment opportunities are recognised as operating in much broader areas than, say housing character. Conversely, some smaller areas - sub-precincts - should be recognised as potentially requiring a higher level of detail in response than their mid and broader level frames. Further to this, the City currently recognises a wide range of existing ‘precincts’ which all serve varying purposes. These ‘precincts’ could also be identified as ‘special control areas’ or project areas, which generally operate in accordance with the powers of their a) guidelines b) policy or c) Scheme, whichever is relevant. Again, the Local Area Planning will encapsulate these areas within their boundaries. Their status and statutory framework will remain the same and they will fall under the category of being a ‘sub-precinct’ under the Local Area. Examples of these include, Glendalough Station Precinct, Main Street Plaza and Commercial Centre, Inglewood Town Centre, Stirling Regional Centre, the amendment areas within Scarborough and the heritage protection areas.

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The terminology ‘sub-precinct’ does not in any way imply that it will become any less of a priority to the City; it is simply an administrative classification and in many cases will actually increase the level of detail SCOPE OF CURRENT MANAGEMENT BOUNDARIES The City currently has a number of management boundaries being used by different Business Units across the organisation. Many are purely administrative, however their consideration in the preparation of the proposed Local Area Boundaries should be noted. They include:

Suburb Boundaries;

Ward Boundaries;

Planning Management Area boundaries;

Planting Zones;

Local Traffic Management Areas;

Bin collection areas etc etc. PLANNING MANAGEMENT AREAS The Planning Management Areas (PMA’s) were adopted as part of the District Planning Scheme No 2 and were mostly utilised to form the basis of the City’s Density review program in the 1990’s. The PMA boundaries are still loosely utlised for this purpose and were devised according to housing characteristics, demographics and the like. In response to Councillors concerns about the appropriateness of these as boundaries, the high number of PMAs and concern that they do not reflect other area delineators (such as Centre catchments) alternatives have been formulated and an alternative developed (previously circulated under separate cover). PROPOSED LOCAL AREA PLANNING BOUNDARIES The final draft of the proposed Local Area Boundaries is available for viewing. The proposal is essentially an amalgamation of the range of management boundaries that are currently operating within the City. Some of the main points for consideration include:

The size of the local areas has been substantially increased from that of the PMA’s with only 12 Local Areas now proposed (reduced from 16). The increased size of the Local Areas allow for the creation of ‘sub-precincts’ and the establishment of the previously mentioned hierarchy within each of the Local Areas, further enhancing the planning responses to each of the issues identified;

The geographic boundaries essentially ‘run’ with the major roads and some aspects of the zoning densities throughout the City. This approach recognises the divider function most (but not all) busy road play and allows communities of generally similar built form (or potential built form) to be grouped together which will, in turn, provide a more co-ordinated approach to dealing with the planning issues arising from such built form;

The boundaries seek, to some extent, to bind together character areas and areas which are similar in demographics and housing stock. With large areas and a wide range of factors to consider, however, there is a limit to the application of this principle;

The distribution of regional commercial centres, local commercial centres and regional open space has been rationalised between the Local Areas, creating a more centre-focused strategy, to the extent that this is considered logical.

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STIRLING REGIONAL CENTRE There are several options presented to Council for consideration in regard to the Stirling Regional Centre’s inclusion in the Local Area Planning process. In the preferred plan, the ‘Stirling Central’ Local Area incorporates the majority of TPS 38 and parts of the Stirling Regional Centre. However, the inclusion of the entire Regional Centre as an area in its own right provides a range of difficulties in its management due to the relationship of the residential pockets within it to the surrounding commercial/business type uses. In the preferred option, these residential areas on the outskirts of the centre have been incorporated in abutting Local Areas in reflection of the likely similarity in outlook and issues. However, a Stirling Regional Centre sub-precinct has also been established which incorporates the entire Centre so as to recognise the importance of the Stirling Regional Centre and the way in which it operates within the City. Although the Stirling Regional Centre ‘sub-precinct’ crosses over three Local Areas, this layered approach recognises the regional level on which the whole centre functions and should be planned as well as the local level in which components (particularly residential components) also operate, and which should be recognised in the regional planning context. An alternative Council could pursue would be to designate the entire Stirling Regional Centre as a separate Local Area, for which the proposed Centre Structure Plan would effectively perform the role of Area Plan. This option emphasises the importance of the regional centre; however, it may result in the centre becoming segregated from its surroundings and is likely to have a reduced emphasis on residential issues and priorities and is therefore recommended.

Consultation/Communication Implications

One of the most key aspects to this project is proposed to be the community participation process to be undertaken. The exact methodology to be applied will be developed with the assistance of consultants who will liaise with the City in preparing a comprehensive consultation program. Essentially, however, the consultation process is proposed to be split into two parts, the first being a ‘visioning’ exercise to establish the vision, objectives and key issues for each Local Area. This will form the foundation of the Area Plan and will hopefully generate community interest and support for the process. The second phase of consultation will address the issues identified within the first phase and involve the development of the Plan, itself. It will place the qualitative input received from the community within the City’s current policy context and essentially pave the way for an action plan to deal with issues. These processes will, it is hoped, act as an effective communication tool, with constructive dialogue being facilitated. It is important to note, however, that these consultation forums will not deliver the power of the planning process to the community, but rather will act as a collaborative forum by which the Local Area Plans will be derived. The use of consultants to coordinate this aspect of the proposal, at least in the pilot, is considered necessary because of the specialist skills needed to develop and deliver the innovative community engagement sought (as opposed to the more routine consultation traditionally applied). In-house resources will be used to assist but would not be possible to rely on them completely without significantly delaying delivery of this initiative.

Policy and Legislative Implications

It should be reiterated at this stage, that this proposed framework would by no means rescind or delete any of the local or regional planning strategies currently in place. Initially this framework will localise such strategies/policies in order to give the local community a context by which to place their community.

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Notwithstanding this, the Local Area Plans will provide a useful ‘review’ mechanism for such policies. As the City’s policies are periodically reviewed, their review could potentially be undertaken on a Local Area basis rather than on a citywide basis. Such reviews could even include the Scheme, with the Local Areas forming the basis of the review. It should be viewed then, that Local Area Planning should take a ‘long-term’ view of the planning framework operating within the City, and although providing benefits in the short term, their full realisation will occur in years to come when the City is fully operational under such plans.

Financial Implications

A total of $50,000 is listed in this years budget to the execution of a ‘Pilot’ study for this project. It is anticipated that the majority of these funds would be expended on communication and consultation. The net cost of the project to the City should be relatively minor in that it generally represents a modified approach to planning already undertaken by the City. However, the more focussed approach and the higher degree of local difference and detail to be taken into account, is likely to represent a higher administrative cost.

Strategic Implications

The project could assist in advancing a range of Council objectives, including improved communication and consultation with the community. It would essentially act as a further stage in the review of the District Planning Scheme, which is listed in the Strategic Plan as Initiative 2.1.1.

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11.3/PS11 RESIDENTIAL DENSITY REVIEW - OUTCOMES OF WORKSHOP

Report Information

Location: City Wide

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Not Applicable

Council Resolution

Moved Councillor Clarey, seconded Councillor Sebrechts.

1. That the notes of the fourth Residential Density Review Workshop (of 12 September 2005) be RECEIVED.

2. That the draft ‘Assessment of Rezoning Proposals Involving Increased Density’ Policy not form the basis of Council’s preferred direction for the residential density review and be ABANDONED.

3. That Council CONFIRM its view that the City's range of densities and rate and range of development respond adequately to strategic imperatives, community need, community preference and state policies; some refinement may be appropriate in certain circumstances, but that a general presumption against substantial review or change remain.

The motion was put and declared CARRIED. Moved Councillor Clarey, seconded Councillor Sebrechts.

4. That a revised Local Housing Strategy be PREPARED reflecting this position and giving greater direction on instances where changes to density might be appropriate in accordance with the criteria detailed in this report (particularly focussed in close proximity to major activity / transport nodes, though taking into account issues such as 'walkability' and heritage impact).

The motion was put and declared CARRIED.

Councillors Thomas and Stewart dissented.

Moved Councillor Clarey, seconded Councillor Sebrechts.

5. That further consideration to changes to residential densities which might be appropriate OCCUR as part of the proposed Local Area Planning process, guided by the Local Housing Strategy (once complete) and community input.

The motion was put and declared CARRIED.

Councillor Stewart dissented.

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Moved Councillor Clarey, seconded Councillor Sebrechts.

6. That the Western Australian Planning Commission, those who made submissions on the draft Density policy and those who have expressed an interest in the Residential Density Review, generally, be ADVISED of the City’s proposed method of progressing the project.

The motion was put and declared CARRIED.

Committee Recommendation

1. That the notes of the fourth Residential Density Review Workshop (of 12 September 2005) be RECEIVED.

2. That the draft ‘Assessment of Rezoning Proposals Involving Increased Density’ Policy not form the basis of Council’s preferred direction for the residential density review and be ABANDONED.

3. That Council CONFIRM its view that the City's range of densities and rate and range of development respond adequately to strategic imperatives, community need, community preference and state policies; some refinement may be appropriate in certain circumstances, but that a general presumption against substantial review or change remain.

4. That a revised Local Housing Strategy be PREPARED reflecting this position and giving greater direction on instances where changes to density might be appropriate in accordance with the criteria detailed in this report (particularly focussed in close proximity to major activity / transport nodes, though taking into account issues such as 'walkability' and heritage impact).

5. That further consideration to changes to residential densities which might be appropriate OCCUR as part of the proposed Local Area Planning process, guided by the Local Housing Strategy (once complete) and community input.

6. That the Western Australian Planning Commission, those who made submissions on the draft Density policy and those who have expressed an interest in the Residential Density Review, generally, be ADVISED of the City’s proposed method of progressing the project.

Officer's Recommendation

1. That the notes of the fourth Residential Density Review Workshop (of 12 September 2005) be RECEIVED.

2. That the draft ‘Assessment of Rezoning Proposals Involving Increased Density’ Policy not form the basis of Council’s preferred direction for the residential density review and be ABANDONED.

3. That Council CONFIRM its view that the City's range of densities and rate and range of development generally seem to respond adequately to strategic imperatives, community need, community preference and state policies; some refinement may be appropriate in certain circumstances, but that a general presumption against substantial review or change remain.

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4. That a revised Local Housing Strategy be PREPARED reflecting this position and giving greater direction on instances where changes to density might be appropriate in accordance with the criteria detailed in this report (particularly focussed in close proximity (400m) to major activity / transport nodes, though taking into account issues such as 'walkability' and heritage impact).

5. That further consideration to changes to residential densities which might be appropriate OCCUR as part of the proposed Local Area Planning process, guided by the Local Housing Strategy (once complete) and community input.

6. That the Western Australian Planning Commission, those who made submissions on the draft Density policy and those who have expressed an interest in the Residential Density Review, generally, be ADVISED of the City’s proposed method of progressing the project.

Report Purpose

To report on the outcome of a workshop to consider the most appropriate method of progressing the residential density review and to outline a methodology for determining where the City should consider promoting residential density increases as part of the Local Area Plan process.

Relevant Documents

Attachments: Notes of workshop no 4 (circulated under separate cover) Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

As part of the broader District Planning Scheme Review (which is required under legislation, and which the City is progressing through in stages), the Residential Density Review commenced with initial consultation on the first two (of 16) Planning Management Areas occurring between 24 November 2003 and 9 January 2004. The intended approach to the Density Review was to assume a position that densities within the City are generally consistent with good planning and community preferences (based on the outcomes of the extensive density review of the 1990’s) but that some places may have experienced changes warranting localised review. It was proposed that these local areas (or ‘hot spots’) be identified through an initial consultation program, progressing from one PMA to another, with the more detailed technical density review concentrating only on those areas with a strong demand for change. Outcomes of Consultation - PMAs 5 and 13 In the initial round of consultation in PMA 5, a total of 262 submissions were received. A number of ‘hot spots’ were identified and Council resolved (in part) on the 20 April 2004 (Item 11.1/PL20) that:

"The City NOTIFY all affected and abutting owners in:

a) Greenwell Street Scarborough advising of the suggested increase in density to R25 (for the lots on the north side of Greenwell Street);

b) The lots fronting Fyfe Court Trigg advising of the suggested increase in density to R40, and

c) The area between Park Street and Abney Place Trigg advising of the suggested increase in density to R40,

and invite comments."

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In PMA 13, a total of 128 submissions were received, of which 65 responses stated that the existing densities were ‘Just Right’, 34 that the densities should be ‘Decreased’, while 29 indicated that they would like to see the densities ‘Increased’. Council consequently resolved:

"1. That the owners of the lots abutting Hale Road be invited to indicate their comments on the

density zoning in the light of the previous petition. 2. That existing residential densities for the balance of Planning Management Area 13

(Woodlands) REMAIN UNCHANGED and that all the respondents to the Density Review initial consultation process within this PMA be ADVISED accordingly."

No density changes were proceeded with in PMA 13 but because of the significant response received as a result of further consultation for each of the other areas (in PMA 5), a Strategic Direction Discussion Paper on the residential density review as a whole was submitted to Council (Item PL26 13 July 2004). Two Councillor workshops were also held (on 18 August 2004 and 1 September 2004) with a view to forming a firmer, more detailed position on residential densities and, in particular, requests for increases. Draft Policy On 14 September 2004, Council resolved that a draft ‘Assessment of Rezoning Proposals Involving Increased Density’ Policy (developed at the workshops) be advertised for public comment, and that the current proposals be assessed against that draft Policy (Item 11.1 / PL25). The intent of the Policy was to provide a consistent framework within which decisions on increased density applications could be made. Council subsequently resolved on the 19 October 2004 that consideration of current proposals be deferred pending the finalisation of the draft Policy (Item 11.1 / PL33). As a result of advertising the draft Policy, several common themes arose from the submissions received which merited more detailed discussion prior to final consideration of the draft Policy. Council considered these and resolved on the 14 December 2004 that a further workshop regarding this Policy be held in January 2005 (Item 11.1 / PL24). This occurred and on 15 March 2005, Council resolved:

"1. That the Draft Policy N101461 ‘Assessment of Rezoning Proposals involving Increased Density’ be REFERRED to a Town Planning and Statutory Services Committee meeting and a workshop be scheduled.

2. That Council ADOPTS the position that until such time as Draft Policy N101461 is

finalised, applications for density increases be considered on their respective town planning merits.

3. That the applications for density increases affecting lots 15,16 and 17 (HN 5,7 and 11)

Park Street and lots 13 and 14 (HN 9 and 10) Abney Place and lots 43-50 (HN 1-12) Fyfe Court and Greenwell Street, Scarborough be REFERRED as separate items to the next Town Planning and Statutory Services Committee for consideration.

4. That the applicants for a density increase affecting Paris Way, Karrinyup be INVITED to

lodge formal scheme amendment documentation to enable consideration of this proposal by Council."

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A number of other reports on individual density increase proposals were submitted but ultimately, the Council has resolved not to pursue any density changes arising from the process to date, other than the rezoning proposal for Greenwell Street in Scarborough, and the spot rezoning for properties between North Beach Road and Sorrento Street in North Beach, both of which are in train. The bigger issues that remain outstanding include:

How does Council wish to proceed with draft Policy N101461 ‘Assessment of Rezoning Proposals involving Increased Density’?;

What approach does it wish to pursue with regards to the residential density review, generally (from which the draft policy and this whole question has sprung)? And to what extent does Council wish to follow the advice of the Minister and WAPC in preparing a Local Housing Strategy prior to considering significant changes?

How does it wish to deal with the on-going queries from individuals seeking to alter their zoning?

These were discussed at a workshop held on 12 September 2005.

Comment

The notes of the workshop have been circulated under separate cover. In summary, the following options for proceeding with the density review were presented: Option 1 Resolve that existing densities are appropriate for future growth for the next 15 – 20

years (that is – no further density increases) Option 2 Proceed with draft Policy (with or without any modifications) Option 3 Undertake a comprehensive density review process Option 4 Undertake a limited density review process – e.g the City proposes density increases

around activity nodes and transport corridors Option 5 Consider density review as part of Local Area Planning In addition, further data regarding the existing development potential for additional dwellings under existing residential density zonings within the City was presented. In particular, the following data was presented:

Based on the current DPS2 zonings, theoretically an additional 40,000 (approx.) dwellings could be accommodated within the City (an unknown number of dwellings would be demolished to make way for these additional dwellings, dependent on design and location);

This capacity is spread throughout the City, though Carine, Hamersley, Mirrabooka, Dianella, North Beach and Balcatta have limited opportunities for growth under the existing zonings;

During May – July period, building licenses for approximately 450 new dwellings were issued. This equates to an approximate average of 1800 dwelling per year), though this number does not represent a total growth rate as it does not incorporate consideration of demolitions;

Based on this rate of development and the current rate of population growth, the City zoning is estimated to provide for sufficient dwellings in excess of 20 years.

Following the presentation, workshop participants made a number of points and raised several queries but generally arrived at the following consensus:

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That the draft ‘Assessment of Rezoning Proposals Involving Increased Density’ should not form the basis of Council’s preferred direction for the residential density review and should be abandoned;

That the City's range of densities and rate and range of development generally seem to respond adequately to strategic imperatives, community need, community preference and state policies, though some refinement may be appropriate in certain circumstances. However, the general presumption against substantial review or change remains;

A revised Local Housing Strategy (as recommended by the WAPC and Minister) should be prepared reflecting this position and giving greater direction on instances where changes to density might be appropriate (particularly focussed in close proximity (400m) to major activity / transport nodes, though taking into account issues such as 'walkability' and heritage impact);

That further consideration to changes to residential densities which might be appropriate occur as part of the proposed Local Area Planning process, guided by the Local Housing Strategy but also incorporating community comment and greater consideration of local context, allowing for the development of an integrated, pro-active response.

Local Area Planning Process A separate report relating to the proposed Local Area Planning process will be presented to the 18 October 2005 Planning & Development Committee. It should be noted however that the LAP process involves considerable public consultation involving two phases of consultation, the first to establish a ‘vision’ for the area, and the second which will consider key issues in greater detail. In line with the workshop outcomes whereby those present supported the notion of limited residential density increases within 400m of activity nodes, it is proposed that such a proposition be advanced at the community consultation stage, having regard to the criteria detailed below. Criteria to determine where increased residential densities is appropriate. In line with recent assessments of requests for increases to existing residential densities in an area, the following criteria are proposed as a broad basis in considering areas in which density increases might be proposed, and the extent of those proposals.

Built effect of increasing residential density; Site suitability, capacity & existing housing stock Proximity and accessibility to services; Potential traffic impact; Streetscape impact.

Further refinement of these within the Local Housing Strategy would occur. Additionally, and in response to comments made by several Councillors at the workshop regarding the provisions of the previous draft Rezoning Policy, there appeared a consensus that density increases should generally be restricted to within 400m of a designated activity node, rather than the 800m proposed, and that accessibility / walkability to that node should also be a consideration in determining the appropriateness of a zoning increase. Because of the proposed abandonment of the Rezoning Policy which proposed reasonably definitive standards against which to assess proposals, the need to establish a rigid position on how distance is measured etc is of less priority, and would form part of a more flexible assessment within the Local Area Planning process. However, again, further refinement of this principle in the Local Housing Strategy would nevertheless be recommended to maximise clarity.

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Local Housing Strategy The workshop participants were also advised that the City has an obligation to prepare a Local Housing Strategy. The workshop participants advised that a Local Housing Strategy should be drafted with the direction detailed above providing a basis for the strategy. This strategy will be provided for Council’s endorsement in due course.

Consultation/Communication Implications

Consultation to occur as a component of Local Area Planning process, with any Scheme Amendments / rezonings arising from this requiring subsequent statutory consultation in accordance with the Town Planning Regulations. The Local Housing Strategy recommended to be prepared will require public advertising. Those who made submissions on the draft 'Assessment of Rezoning Proposals Involving Increased Density' and those who have expressed an interest in the density review component of the Scheme review should be notified of Council's direction with regards to these two items.

Strategic Implications

Density review and Local Housing Strategy represent significant strategic projects and respond to Key Initiative 2.1.1 of the Strategic Plan, as well as the desired outcome of "developing choice and quality in the built environment, including flexibility and variation in residential areas, including urban infill and some nodes of appropriate medium density throughout the City".

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At 9.11pm Councillor Clarey left the meeting during consideration of item PS12 and returned at 9.12pm.

11.3/PS12 REVISED OUTLINE DEVELOPMENT PLAN - PRECINCT 6 OF TPS 38 - EWEN ST, BOWRA ST, SCARBOROUGH BEACH ROAD, WOODLANDS / INNALOO

Report Information

Location: Lot 4, 5, 13 and 15 Ewen Street, Scarborough Beach Road, Woodlands / Innaloo

Applicant: Oldfield Knott Architects Pty Ltd / Delta New Holdings Pty Ltd

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Doubleview

Council Resolution

Moved Councillor Clarey, seconded Councillor Willox.

That the modified Outline Development Plan for Precinct 6 (southern portion) of Town Planning Scheme No. 38 be ADVERTISED for public comment for a period of 21 days, in accordance with the 'Public Advertising of Planning Proposals' Procedure and the matter of the widening of the Right of Way off Bowra Avenue be further investigated by City Officers during the submission period. The motion was put and declared CARRIED. Councillor Re dissented.

Committee Recommendation

That the item relating to the Revised Outline Development Plan - Precinct 6 of TPS 38 - Ewen Street, Bowra Street, Scarborough Beach Road, Woodlands/Innaloo be HELD OVER to the Council Meeting to be held 25 October 2005 to allow a supplementary report to be provided on the revised submission made by the applicants.

Officer's Recommendation

1. That the applicant be INVITED to submit a modified Outline Development Plan (ODP) for Precinct 6 of Town Planning Scheme No. 38 and / or additional detail / justification responding to the concerns outlined in this report.

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2. That the applicant be ADVISED that rezoning of Lots 3 and 4, HN 271 and 273 Ewen Street, Woodlands to remove them from District Planning Scheme No 2 and to incorporate them into Town Planning Scheme No. 38, and modification of Schedule 7 of Town Planning Scheme 38 and / or the Scheme text referencing this Schedule, and formal initiation of a road closure will be required prior to any final approval the Outline Development Plan.

Report Purpose

To consider a revised Outline Development Plan for Precinct 6 of Town Planning Scheme No. 38 that involves road closure and realignment, the deletion of the originally proposed bottle shop / tavern and the addition of 10866m2 and a child care centre.

Relevant Documents

Attachments: Schedule 7 of TPS 38, Submission of Concerns from Local Residents Available for viewing at the meeting: Adopted ODP, Revised ODP Tax sheet: 18.60

Principal Statutory Provisions

Use Table Zoning: MRS - Central City Area

DPS2 - R20 & TPS No 38 - Precinct 6 Use: Class - Showroom, Child Care & Previously Approved Uses

Type - Preferred Uses (Rezoning required for the two R20 zoned sites) Description of Development

Site Area: Approximately 1.5 HA Proposal Details: Six showrooms (10,886m2) over two storeys with a child care centre

and parking provision for 225 vehicles in addition to the previously approved component of the ODP. The proposal entails the closure of a portion of Ewen Street and the relocation of the road along the southern boundary of the Precinct 6.

Location Plan

EWEN

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Aerial Photograph

Development Standards The proposal represents a modification to the adopted Outline Development Plan (or Concept Plan) which would guide any subdivision and redevelopment of the Precinct. It would involve modification to the Scheme to incorporate the two additional lots (3 and 4 Ewen Street), closure of a portion of Ewen Street and gazettal of a new road reserve (extension of Ewen Street) along the southern boundary of the site. It also varies the site layout specified in Schedule 7 of the Scheme, requiring modifications to the Scheme to reflect this. These are discretionary decisions to be made by Council, requiring public advertising and state government approval. In terms of the proposed development, this generally accords with the provisions of Town Planning Scheme 38 excepting in regards to:

o The variations proposed to the site layout specified in Schedule 7; o Secondary street setback; o Height and scale; o Potentially, integrated access.

Additionally, there are a number of other considerations requiring assessment under TPS 38 including the extent of incorporation of residential development, character and adequacy of landscaping, cycling and pedestrian links. Consultation Required The modifications to the ODP do not technically require advertising, though the road closure, ROW closure and incorporation of two additional lots in the Precinct and modifications to Schedule 7 of the Scheme do (under the provisions of S58 and S52 of the Land Administration Act, and the Town Planning and Development Act, respectively) and are, perhaps, best understood in the context of the overall concept plan for the Precinct. Whilst no formal consultation has occurred, the City has received written submissions from representatives of the Caltex site (lot 13) regarding potential land use conflict with the child care centre, and from a group of local residents concerned about impact on residential amenity (attached).

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Background

1. The Scheme provisions for Precinct 6 provide for the realignment of Scarborough Beach Road (complete) and the redevelopment of the Precinct in accordance with Schedule 7 (attached) for integrated mixed use / service commercial and office activities.

2. The Scheme specified that development shall not occur in the Precinct until certain

prerequisites have bee met, including submission of Concept Plans (or an ODP) for the Precinct in accordance with Schedule 7.

3. An ODP (available for viewing) was previously submitted, advertised and approved to

facilitate the development of a bottle shop and tavern on the corner of Ewen Street and Scarborough Beach Road. The major land owner has, however, now submitted a modified proposal incorporating the partial closure of Ewen Street and its realignment along the rear of the Precinct. The proposal also incorporates the addition of two additional Ewen Street properties in the Precinct.

4. The amended proposal creates a superlot by amalgamating Lots 15 and 13 across Ewen

Street. The realignment of Ewen Street along the south of the Precinct responds to a condition of the sale of Lot 15 to the owner, namely that vehicle access be provide across the site, either through provision of a new road link of an easement. This requirement was imposed because of the need to provide a connection between Ewen Street, which is a District Distributor B road, Scarborough Beach Road and Odin Road, and the difficulty in providing for right hand turn movements in any location other than at the Scarborough Beach Road - Odin Road intersection.

Comment

1. APPLICANT'S JUSTIFICATION

1.1. The applicant has submitted a letter of justification, traffic management report, service relocation details and held a number of meetings with the City in support of the proposal. Justification advanced is summarised as follows:

o Numerous meeting and discussions have been held with the City and a super lot is being created with the land purchased from the City, portion of Ewen Street road reserve and Lot 15. This is necessary to create a viable development site.

o The proposal is based on a road closure and land swap that will need the approval of the Department of Land Information.

o All overhead and underground services will be realigned as required.

o Screen walls and landscaping will be provided along the southern boundary of the new extended Ewen Street.

o Lot 13 was acquired from the City in good faith and included Conditions of Sale for the City to support and investigate the feasibility of a road closure. An additional condition was for the purchaser to provide a road or easement through Lot 13. This has been allowed for.

o The rezoning of the site to permit the development is acknowledged.

o The plans have been amended to allow a 4m wide footpath and a 3.0m high masonry wall along the southern side of the Ewen Street extension.

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2. PLANNING COMMENT

2.1. The proposal is a complex one, involving Scheme Amendment, road and ROW closure, service relocation, modified concept plan and preliminary development proposal, all in one. The Scheme Amendment and road closure involve separate statutory process and both would require public consultation. The ODP is essentially the pre-cursor to these, and to any subsequent development application.

2.2. In determining an application, Council shall have regard to, inter alia:-

2.2.1. The requirement for orderly and proper planning;

2.2.2. The preservation of the amenity of the area;

2.2.3. Any submission received as a result of a referral or advertisement.

2.3. In this respect, Council may wish to advertise the proposal initially to gauge public response and to also obtain comments from the WAPC, being a major development on a regional road.

2.4. Precinct 6 extends across both sides of Scarborough Beach Road. The southerly side, the subject of this application, is divided by Ewen Street. This is proposed to be closed and relocated along the southern boundary of the Precinct adjacent to the Residential R20 zone. Details of the road closure of Ewen Street (2559m2) and the relocated road (3029m2) can be viewed on the tabled plan.

2.5. The merits of the road closure and relocation are summarised as follows:

2.5.1. Provision of access from Ewen Street to Scarborough Beach Road are critical Road at some point to providing for local and district traffic flow;

2.5.2. A number of alternatives for this have been investigated, including the provision

of an intersection (lights or a roundabout) with Bowra Street or provision of right hand turn facility at the intersection with Ewen Street (in its current alignment). Neither option adequately addresses road safety standards and so cannot be supported either by the City or by Main Roads WA. As such, access across Lot 15 to the intersection with Odin Road is necessary, hence the imposition of a condition requiring this on the contract of sale for the site;

2.5.3. In terms of options for providing this link, three basic alternatives exist:

o Provision of access through parking around the front of the site (as was initially proposed in the withdrawn tavern development proposal); albeit without the closure of the Scarborough Beach Road / Ewen Street intersection, and then later added to the rear of the development.

o Provision of access through the middle of the site, as currently occurs. This option is not favoured by the owner because it fragments the site and affects development viability;

o Provision of access around the rear of the site, abutting the residential properties to the south. This option is preferred from a traffic management perspective, providing for least conflict, greater vehicle stacking at the intersection with Odin Road and, in the format proposed, provision of a gazetted road, as opposed to an easement with its inherent management difficulties. From a planning perspective, however, this latter option is less than ideal, creating a relatively unsurveilled 'back road' with limited or no frontage or street appeal, and creating double-fronted lots on both sides.- However this situation is also exacerbated by the type of development proposed on the site.

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Based on the existing traffic, it is estimated that if the existing connection of Ewen Street into Scarborough Beach Road were to be closed in the land and amalgamated with the adjoining properties, up to 10,000 vehicles per day would be using the realigned road connection along the southern boundary of the development site. These volumes cannot be effectively catered for in an informal access around the front or through the centre of the site. If either the internal access in the front or through the centre of the site were to be contemplated, then the City would be unable to support the closure and amalgamation of the land from the Ewen Street access onto Scarborough Beach Road.

2.5.4. The closure of the end of Ewen Street is not necessarily required for the provision

of access through Lot 15 but is proposed by the owner in order to affect a land swap. The partial closure was indicated as to be investigated in the contract of sale between the City and the owner, but was then tied to the provision of a full movement intersection at Bowra Street and Scarborough Beach Road, which option has been discarded;

2.5.5. In summary, no ideal option appears to exist, though the current proposal is

preferred from a traffic management perspective and responds to a critical need in that regard;

2.5.6. Preliminary feedback from abutting residents indicate concerns regarding impact

on amenity; 2.5.7. The design of the proposed new road link appears generally satisfactory (subject

to minor modification) with the exception that a less severe kink is preferred from a planning point of view to provide for improved legibility and better surveillance. From a traffic point of view, the kinks in the road do provide traffic calming and creates a slower speed environment. It was on this basis that the inclusion of additional lots in the development parcel was tentatively supported. Modification to require this is recommended. Further information from the applicant on the operation of the Scarborough Beach Road / Odin Road intersection is required in terms of que lengths, level of service and intersection delays.

2.6. SPECIFIC ENGINEERING COMMENTS:

Additionally, the following (summarised) comments from the City's Engineering Design Unit should be noted:

o The ARRB Traffic Management Report submitted with the proposal provides a SIDRA (traffic modelling) analysis of traffic volume through the proposed new road of much less than the anticipated 10,000 vehicles per day (comprising the current 3,600 using this link, and the 7,100 using the Ewen Street link proposed to be closed). It is recommended that a SIDRA analysis be undertaken with the amended volume prior to determination so as to provide accurate report for the upgrading of the Scarborough Beach Road - Odin Road traffic lights required;

o Landscaping along the development side of Ewen Street must be modified to provide clear sight lines;

o The proposed 18 parking bay area at the rear of showroom 1 must be designed to provide clear sight along the new rad link;

o The median along the new road link opposite the loading dock must be continuous, the proposed roundabout at Ewen and Bowra Street must be designed to incorporate Birchwood Avenue, to the City's satisfaction;

o The parking layout proposed for the child care centre requires reversing into the main access and showroom 4 loading areas: this is of concern and should be redesigned.

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2.7. Additionally, concerns are raised with the proposed service relocation proposal in that written approval from the service authorities has still not been provided. In any event, concerns are raised in relation to the proposed relocation of the High tension power line in that: 2.7.1. The transmission line relocation design submitted does not accurately reflect the

latest proposed road extension; 2.7.2. The poles are proposed to be located on bends and in narrow medians; 2.7.3. The poles will have an affect on the visual amenity of the adjoining residential

area; 2.7.4. The required Western Power clear zone (9m) will inhibit the installation of trees

proposed in the road reserve and buffering residential properties.

2.8. SCHEME REQUIREMENTS With regards to other components of the proposal, assessment under the standards set out in TPS No. 38 has occurred and the following comments are made.

2.8.1. USE: The new uses proposed (showrooms and child care) are preferred uses within Precinct 6 and do not need to be advertised. The owners of the Ampol petrol station on Lot 12 have, however, expressed concern regarding the potential conflict posed by the location of the child care centre abutting their site and this concern is acknowledged to be valid.

2.8.2. Lots 3 and 4 Ewen Street proposed to be incorporated into the Precinct are zoned Residential R20 in the City's DPS No. 2. Amendments to the DPS and TPS No. 38 would be required if the current proposal was proceeded with. This is not necessarily objected to, in principle, but represents a significant complexifying factor, given the nature of TPS 38.

2.8.3. HEIGHT, SCALE & DENSITY: The height of the development is required by the Scheme to be limited to two storeys and "of a scale and design commensurate with the site's proximity to nearby residential development". The height of the building, at 10.5m, is in excess of a normal two storey building which, for residential development, would normally be around 6m to the top of the wall, and 9m to the top of the roof and for commercial development, be around 8-9m. Whilst setback from residential boundaries, this aspect is of some concern.

2.8.4. APPEARANCE & ORIENTATION: The non-residential components of the development front Scarborough Beach Road, as required however extensive landscaping areas have not been provided abutting residential properties. Having said that, a 4m landscaped area and path has been provided in addition to the proposed new road width.

2.8.5. The component of the development fronting the existing portion of Ewen Street (the five lots to the west of the site and the subject of a separate report) generally has regard to the streetscape and residential amenity (excepting the recommended increase in setback for the mixed use development proposed for lots 4 -10) however the scale of the showroom development, whilst not technically fronting existing residential development, is not of a scale or form consistent with this principle. Having said that, the setback provided by the road does limit impact somewhat.

2.8.6. FUNCTION: The development conforms with the requirement to be "developed predominantly for commercial, office and residential purposes" though the extent of residential is certainly limited and could be argued not to meet the intent of Clause 4.1 of the Scheme which promotes the inclusion of a component and minimum level of intensity of residential development in those precincts providing for mixed use development.

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2.8.7. PLOT RATIO & SITE COVER: Scheme requirements in relation to these components are met by the proposal.

2.8.8. SETBACKS: The required street setback to Scarborough Beach Road (20m) has been met however a secondary street setback or a setback to a residential boundary is required to be 10m. In the case of residential boundary setbacks, this may be reduced to 5m if dense landscaping is provided. The proposed setback to Ewen Street and its extension is 1m. However, combined with the proposed new road width of 18m, the setback to the residential lots to the south is 19m. The applicant has provided elevations and a perspective sketch of this view.

2.8.9. There is some concern as to the capacity to provide "extensive" landscaping and adequate pedestrian and cyclist facilities in the setback areas provided. In particular:

o The four metre setback provided along the southern boundary of the site, whilst providing well for pedestrian access (albeit unsurveilled), provides limited opportunities for "extensive" landscaping: rather, it provides for the inclusion of some landscaping (with street trees being indicated along the boundary), with the potential to include these in doubt if high tension power lines are not undergrounded (refer previous comments from the City's Engineering Design Unit);

o Incorporation of some planting in the new road median may be possible but will be limited by site line and vehicle movement requirements (refer previous comments from the City's Engineering Design Unit);

o The 1m setback to the showrooms will only be able to support a very low level of landscaping, being very narrow. Additionally, taller landscaping in this location will conflict with truck movements accessing the loading dock;

o Pedestrian movement around and across the site is reasonably well provided for;

o Similarly, the City's Engineering Design Unit indicate that on-street cycle provision along the Ewen Street extension is possible given that the road widths adopted and the fact that this section does not form part of the Perth Bicycle Network Plan.

2.8.10. PARKING: The minimum number of bays required is 225 and the applicant has provided this. It would, however, be desirable for lost on-street parking bays to be provided in addition to this minimum standard.

2.8.11. Integrated vehicle access across the Precinct is not well provided for, with the Child Care Centre effectively dividing the east from the west. This is of concern.

2.8.12. The rear portion of the building accommodates a substantial loading dock. This is likely cause a noise nuisance and should either be relocated or have restricted use times.

3. SUMMARY AND CONCLUSIONS

3.1. In summary, the following concerns are expressed regarding the proposal:

3.1.1. The adequacy of the traffic report submitted to assess the proposal;

3.1.2. The ability of the development to cater for a reasonable level of landscaping, particularly to the rear, abutting residential properties, if high tension power lines are not undergrounded;

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3.1.3. The impact on the relocation of high tension power lines, if not undergrounded;

3.1.4. The scale of the development and its effect on nearby residential properties;

3.1.5. Traffic noise reflection along the extended Ewen Street and also noise from the service / loading area;

3.1.6. The limited residential component;

3.1.1. The configuration of the road alignment (S bend) and its relationship to the possible closure of the Ewen Street / Scarborough Beach Road intersection;

1.1.1. The division of the ODP by the child care centre, with little pedestrian / vehicle connection between the two sides, and the appropriateness of its proposed parking layout;

1.1.2. The location of the child care centre adjoining the service station.

1.2. The development of the site would ultimately be subject to separate statutory processes such as an ROW and road closure and rezoning, which are coordinated by, but ultimately out of the City's control. As such, it is difficult to recommend the best procedure to follow to advance the proposal, if and when supported. On balance, however, it would be recommended that the advertising the ODP (if supported) occur prior to subsequent statutory advertising, to provide for a more efficient process.

1.3. In respect of the design, it is considered that the road configuration at the rear should be

straightened out, somewhat, but that this should only be considered in terms of the decision in relation to any contemplation of closure of the Ewen Street / Scarborough Beach Road intersection and resulting land amalgamations. This would potentially obviate the need for a rezoning or Scheme Amendment as those areas of Lot 3 and 4 would only be used for road and parking purposes, considerably simplifying the process. This would also allow for a better sound barrier and move the building further back from the boundary.

1.4. The relocated Ewen Street would carry significant traffic and noise and fumes from this

would cause some loss of amenity. This affect could be somewhat reduced by straightening the road.

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SUPPLEMENTARY REPORT - REVISED OUTLINE DEVELOPMENT PLAN - PRECINCT 6 OF TPS 38 - EWEN STREET, BOWRA STREET, SCARBOROUGH BEACH ROAD, WOODLANDS/INNALOO

Report Information

Location: Lot 4, 5, 13 & 15 Ewen Street, Scarborough Beach Road, Woodlands / Innaloo

Applicant: Oldfield Knott Architects Pty Ltd / Delta New Holdings Pty Ltd

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Doubleview

Recommendation

That upon resolution of the capacity to secure widening of the right of way off Bowra Street to the satisfaction of the Manager Policy and Strategic Development, the modified Outline Development Plan for Precinct 6 (southern portion) of Town Planning Scheme No. 38 be ADVERTISED for public comment for a period of 21 days, in accordance with the 'Public Advertising of Planning Proposals' Procedure.

Report Purpose

To consider a modified Outline Development Plan (ODP) for Precinct 6 of TPS 38 following the submission to the Planning and Development Committee on 18 October 2005, where the matter was held over to Council to allow the presentation of a supplementary report on the amended proposal.

Relevant Documents

Attachments: Modified ODP Available for viewing at the meeting: Nil Tax sheet: 18.60

Background

1. In response to concerns raised in the report submitted to the Planning and Development Committee on 18 October 2005, the applicant submitted an amended proposal and letter of justification on the 18th, providing copies to all Councillors. This revised plan addressed some of the City's concerns raised in the report and the Committee held the matter over to full Council to allow a supplementary report on the modified proposal.

2. The City reviewed the modified proposal and met with the applicant on 19 October to discuss

issues raised by the new plan. A further revised proposal was submitted on 20 October 2005 (available for viewing).

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Comment

3. The revised plan, letter of justification and commitments made in the meeting at least partially address many of the City's concerns by:

3.1. Confirming the intention to underground high tension power lines; 3.2. Providing some further detail on possible landscaping opportunities and a preparedness

to submit more detailed plans to the City's satisfaction; 3.3. Reducing the height of the building, somewhat (by about 1m to between 6 and 9.5m

along Ewen Street), and seeking to break up the bulk of the building slightly, to the south; 3.4. Indicating a preparedness to submit a noise impact assessment, to construct a solid wall

abutting residential properties to buffer noise and to have delivery and servicing abutting residential properties to be restricted to suitable hours;

3.5. Modifying the layout of the Ewen Street extension, somewhat, to reduce the 'kink' in the road;

3.6. Relocating the Child Care Centre to the south of the Ewen Street extension, onto land zoned Residential R20, thereby removing the land use conflict which was expressed as being a concern, and removing the need for these lots to be incorporated in Town Planning Scheme 38 (or, statutorily, within the ODP). The Child Care Centre would be subject to a separate, formal application under District Planning Scheme No 2 and require advertising as a 'AA' use before determination by Council.

4. The modified proposal does not incorporate a higher component of residential development. 5. The modified proposal has also sought to address the engineering concerns outlined in

Sections 2.6 and 2.7 of the original report submitted to the Planning and Development Committee. The Engineering Design Unit have indicated support for the new proposal but only subject to widening of the Right of Way west of the development to 6.0m. This is considered critical to the function of the development and should be resolved prior to advertising. There are also issues to be resolved over operation of the signalised intersection of Odin Road / Scarborough Beach Road and the new Link Road. Modelling undertaken by the developers traffic consultant was undertaken on the basis of this as a stand-alone intersection. However, the signalised intersections along Scarborough Beach Road are linked to SCATS in order to improve priority of traffic movements along Scarborough Beach Road during peak periods to reduce delays. The developers traffic consultant has been requested to undertake a review of their traffic signal modelling to include SCATS operational requirements. This is already underway in conjunction with Main Roads WA. The finings of this additional modelling may require modifications to the current intersection geometry and phasing. Other, more detailed design issues (including the possible need for a deceleration lane off Scarborough Beach Road into the site) would be addressed in subsequent stages of the development, assuming support for the new ODP.

6. In summary:

6.1. The Child Care Centre has been relocated adjacent to the Residential R20 land. This acts as a buffer for the development from the R20 zoned land as well as addressing the City's concerns on the proximity of the Child Care Centre to the Service Station.

6.2. The Ewen Street extension has been redesigned so that the severe bend has been

shallowed out. This will also obviate the need for a Scheme Amendment as those portions of Lot 3 & 4 north of Ewen Street could be indicated as road reserve as there is no development other than landscaping on it.

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6.3. The height of the development has been lowered one metre and extensive landscape works and street art are proposed as well as building façade indentation/treatments. There will also be a 15m separation between the upper levels, all of which will reduce the height and scale of the development.

6.4. The applicant has offered to build a 2 - 4 metre high wall contiguous with adjoining

residents. This will vary in height and colour etc and discussions will be held with individual owners.

7. On balance, the proposal is now considered to have sufficient merit to warrant support for its

advertising for public comment, subject to the resolution of the widening of the right of way.

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ATTACHMENT TO SUPPLEMENTARY REPORT - REVISED OUTLINE DEVELOPMENT PLAN - PRECINCT 6 OF TPS 38 - EWEN STREET, BOWRA STREET, SCARBOROUGH BEACH ROAD, WOODLANDS/INNALOO

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Moved Councillor Clarey, seconded Councillor Rose That the balance of the Planning and Development Committee's Recommendations be adopted 'en bloc'. The motion was put and declared CARRIED.

11.3/A1 HERITAGE ADVISORY COMMITTEE - MINUTES - REPORT TO COUNCIL - SEPTEMBER 2005

Report Information

Location: Not Applicable

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: City Wide

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

1. That the minutes of the thirty-second Heritage Advisory Committee be RECEIVED.

2. That the revised Terms of Reference be ADOPTED. The motion was put and declared CARRIED.

Committee Recommendation

1. That the minutes of the thirty-second Heritage Advisory Committee be RECEIVED.

2. That the revised Terms of Reference be ADOPTED.

Officer's Recommendation

1. That the minutes of the thirty-second Heritage Advisory Committee be RECEIVED.

2. That the revised Terms of Reference be ADOPTED.

Report Purpose

To submit the minutes of the thirty-second meeting of the Heritage Advisory Committee and to submit the revised and updated Terms of Reference of the Committee for adoption.

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Relevant Documents

Attachments: Minutes of the Heritage Advisory Committee, Revised Terms of Reference. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

On the 16 November 1999, Council established the Heritage Advisory Committee (the Committee) with the objective of providing “advice to Council on various projects and issues associated with the management of the City’s heritage, including incentive and promotion programs” (Item 10.1/PL8). The 32nd meeting of the Committee was held on Wednesday 28 September 2005. Minutes of the meeting are submitted to Council, as required by the adopted Terms of Reference. The revised and updated Terms of Reference are also being submitted for adoption by Council.

Comment

The minutes of Meeting #32 are attached for information. The following item of action requires consideration. Terms of Reference Review The Terms of Reference review has gone on for some time: a copy of the latest version of amended Terms of Reference was circulated, incorporating changes reflecting the recent Council resolutions relating to referral of Development Applications, and providing feedback to the Committee. These changes were explained and the group was given opportunity to comment, however no further changes were suggested. These are therefore submitted to Council for adoption.

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11.3/A2 DISABILITY SERVICES ADVISORY COMMITTEE MINUTES 17 AUGUST 2005

Report Information

Reporting Officer: Director Planning and Development

Business Unit: N/A

Ward: Not Applicable

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That the Minutes of the Disability Services Advisory Committee for 17 August 2005 be ENDORSED. The motion was put and declared CARRIED.

Committee Recommendation

That the Minutes of the Disability Services Advisory Committee for 17 August 2005 be ENDORSED.

Officer's Recommendation

That the Minutes of the Disability Services Advisory Committee for 17 August 2005 be ENDORSED.

Report Purpose

To present the minutes of the Disability Services Advisory Committee for Council endorsement.

Relevant Documents

Attachments: Minutes of Disability Services Advisory Committee - 17 August 2005. Available for viewing at the meeting: Nil.

Background

Please refer to the attached minutes of the Disability Services Advisory Committee which are submitted for Council endorsement.

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11.3/HC1 STARHAVEN CARAVAN PARK, LOTS 7, 8 & 9, HN 20 PEARL PARADE, SCARBOROUGH - LICENCE RENEWAL

Report Information

Location: Lots 7, 8 and 9 HN 20 Pearl Parade, Scarborough

Applicant: Asset Property Holdings Pty Ltd, Westland Securities Pty Ltd

Reporting Officer: Director Planning and Development

Business Unit: Health and Compliance

Ward: Coastal

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That Council APPROVE the renewal of the licence to operate Starhaven Caravan Park at Lots 7,8 and 9 HN 20 Pearl Parade, Scarborough. The motion was put and declared CARRIED.

Committee Recommendation

That Council APPROVE the renewal of the licence to operate Starhaven Caravan Park at Lots 7,8 and 9 HN 20 Pearl Parade, Scarborough.

Officer's Recommendation

That Council APPROVE the renewal of the licence to operate Starhaven Caravan Park at Lots 7,8 and 9 HN 20 Pearl Parade, Scarborough.

Report Purpose

To recommend the renewal of the annual licence for the above Caravan Park under the provisions of the Caravan Parks and Camping Grounds Act 1995.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Nil. Tax sheet: 14-63

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Background

The licence to operate the Caravan Park expired on the 30 June 2005. An inspection of the park was undertaken on the 3 October 2005 and it was found that the facilities complied with the requirements of the regulations.

Comment

The owners have carried out significant improvements to the caravan park in the past year including the replacement of ageing on-site vans located on the upper level of the park with new self-contained cabins, and the connection of all facilities to the deep sewer. Parking issues previously raised have been addressed.

11.3/AP1 MANAGER'S REPORT FOR THE MONTH OF SEPTEMBER 2005

Report Information

Reporting Officer: Manager Approvals

Business Unit: Approvals

Ward: Not Applicable

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That the Manager's report for the month of September 2005 be ENDORSED. The motion was put and declared CARRIED.

Committee Recommendation

That the Manager's report for the month of September 2005 be ENDORSED.

Officer's Recommendation

That the Manager's report for the month of September 2005 be ENDORSED.

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Report Purpose

To present the monthly reports for Development, Survey Strata and Green Title Subdivisions and Building Licence Approvals.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Development, Survey Strata and Green Title Subdivisions

and Building Licence Approvals for the month of September 2005.

Background

Please refer to the reports for Development, Survey Strata and Green Title Subdivisions and Building Licence Approvals for the month of September 2005.

11.3/AP2 PROPOSED OFFICE WAREHOUSE - LOT 109 HN 19 MUMFORD PLACE, BALCATTA

Report Information

Location: Lot 109 HN 19 Mumford Place, Balcatta

Applicant: Building Corporation WA Pty Ltd

Application No: DA05/1120

Reporting Officer: Director Planning and Development

Business Unit: Approvals

Ward: Hamersley

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That the application to construct an office warehouse development, at Lot 109 HN 19 Mumford Place, Balcatta be APPROVED subject to standard conditions including submission of a signage strategy. The motion was put and declared CARRIED.

Committee Recommendation

That the application to construct an office warehouse development, at Lot 109 HN 19 Mumford Place, Balcatta be APPROVED subject to standard conditions including submission of a signage strategy.

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Officer's Recommendation

That the application to construct an office warehouse development, at Lot 109 HN 19 Mumford Place, Balcatta be APPROVED subject to standard conditions including submission of a signage strategy.

Report Purpose

To consider an application to construct an office warehouse development with a request to vary the following scheme provisions with respect to Special Garden Industrial standards:

Car parking being located within the 15 metre front setback area (Schedule 7 of the scheme).

The landscaping strip along the primary street frontage is not entirely at the minimum of 6.0m.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Plans Tax sheet: 19.69

Principal Statutory Provisions

Use Table

Zoning: MRS - Urban DPS2 - Special Use Zone – Special Garden Industrial and Showroom

Use: Class - Office/Warehouse Type - Permitted

Description of Development

Site Area: 3668m² Proposal Details: Proposed Office/Warehouse development Nearest Cross Street: Corner Bendsten Place

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Development Standards The subject lot is zoned Special Use – Special Garden Industrial and Showroom. The application has been assessed against the provisions of the Special Garden Industrial Zone. The proposal seeks the following variations to scheme requirements:

Car parking being located within the 15 metre front setback area (Schedule 7 of the scheme).

The landscaping strip along the primary street frontage is not entirely at the minimum of 6.0m.

All other scheme requirements including provision of parking, setbacks, storage area and other landscaping minimums have been met. Consultation Required Advertising of the proposal is not required.

Comment

1. APPLICANTS JUSTIFICATION 1.1 Built Form

From the colour elevations provided it is clear the proposed development addressed the corner site ensuring both Bendsten Place and Mumford Place elevations are of a high finish and well balanced, using various cladding materials to create a building of architectural value. Both the front and secondary street elevations provide street appeal which is normally reserved for the front elevation only.

1.2 Landscaping

In order to continue with the high standard of built form, we have ensured the corner site has been appropriately landscaped with mature tree lines and established lawns to enhance the site’s appearance and achieving the minimum 1/6 site cover in accordance with the scheme. Furthermore, we have concentrated all the landscaping to the corner of the site in lieu of small strips along the building boundary. It is out intention to work with the City’s parks and garden department to determine tree selection to best suit the area.

1.3 Car Parking

We have met the parking requirements in accordance with the scheme, however some car bays partly exceed the required 15m setback at the front of the office component of the development. However, we have provided more landscaping than the scheme requires ie: total 647m² in lieu of 611m² to compensate for the car bays inclusive of allowing a landscaping buffer between the office parking and main office building that varies between a minimum of 1.5m to 2.5m.

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We strongly believe that this portion of landscaping should be retained to provide an aesthetic value to the building in lieu of hard paving against the building. Notwithstanding this minor non-compliance, we believe our proposed development has met the desired intention of the scheme, in particular if you consider the challenge of lot configuration (ie corner site).

2. PLANNING CONSIDERATION 2.1 The subject site is zoned Special Use – Special Garden Industrial and Showroom and has

a lot area of 3668m². The applicant proposes to construct an office warehouse development. As part of the application, the applicant has requested that the City considers a variation to the scheme requirement in providing car parking bays within the 15.0m primary street setback area, usually reserved for access and loading/unloading. In addition, the applicant has also requested a variation to the requirement to provide the first 6.0m of the front setback area as landscaping.

2.2 At this stage the applicant has not discussed any intentions of the provision of signage on

site however, the applicant should be encouraged to submit a strategy that promotes the integration of signage as incorporated within the features of the building. Notwithstanding this, the applicant has displayed some orientation of signage on the proposed colour elevations. These have been indicated as small panels on the building which demonstrate a positive visual aspect to both street frontages and do not detract from the architectural integrity of the building. Location of Car Parking

2.3 The proposed office warehouse requires a total of 38 bays in accordance with the required

parking provision within the scheme. The applicant has proposed 30 bays on the secondary street aspect of the site. The remaining 8 bays have been proposed adjacent to the primary street frontage. All of the bays located within the primary street area have been proposed within the 15.0m front setback area to varying degrees, contrary to Schedule 7 of the scheme.

2.4 The requirements of Schedule 7 of the scheme, particularly those relating to location of

parking bays, are in place to reduce the potential negative visual impact of hardstand areas on the streetscape within areas zoned Special Garden Industrial. In addition, the additional landscaping requirements attempt to improve the usually bland nature of factory and warehouse development within Industrial areas of the City.

2.5 Given the subject site is located on a corner, it is difficult to provide the entirety of required

parking bays along the secondary street without compromising adequate vehicle manoeuvring and general appearance of the site. As the application comprises a building that is attractive, complies with all setback requirements and there is provision of adequate landscaping on the overall site, the general intent of the Special Garden Industrial requirements of the scheme are met. In short, the provision of parking bays within the front setback area is not considered to detract from development in the vicinity and should not set an undesirable precedence for future development of the surrounding lots.

Landscaping

2.6 In accordance with Schedule 7 of the scheme, the proposed development is to provide landscaping to the first 6.0m of the primary street aspect. Whilst the application generally complies with this requirement, it does fall short of the required 6.0m for a portion of the site. Notwithstanding this, the proposal provides over and above this requirement on the eastern side frontage of the site.

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In taking into consideration the need for an access point to Mumford Place and the angle of the site, whilst the 6.0m landscaping would not comply as a minimum, a 6.0m average across the primary frontage would be met. In addition to this minimum frontage requirement, on an overall site calculation, the applicant has incorporated an additional 36m² of landscaping. Furthermore, the proposal comprises over and above the 3.0m minimum requirement of landscaping along the entire secondary street frontage.

2.7 Generally, whilst the development does not specifically comply with the minimum

requirement in accordance with Schedule 7 of the scheme in regard to landscaping within the front setback area, the proposal incorporates more than an adequate level of landscaping to the secondary street aspect and across the overall site. From a public view the proposed landscaping benefits exposure from both streets and therefore provides aesthetic relief to the development. In supporting the minor variation to the provision of landscaping to the primary street, there will be little compromise on the overall appearance of the development.

Other Comment

2.8 The City’s Engineering Department have raised three issues that can be addressed by the

applicant. These include the following:

The site is to provide an area for bin store and must adequately cater for a 10m garbage truck to access this areas as well as leave the site in a forward motion.

A vehicle using the last parking bay at the most eastern side of the site cannot adequately exit and is to have a 1m reversing area.

The site does not address access for delivery vehicles and is to be redesigned to show adequate access by a 12.5m delivery vehicle.

2.9 In order to address the above-mentioned issues from the City’s Engineering Department,

the applicant is required to alter the current parking and access area on site. These changes will be undertaken as part of the normal assessment process of the application.

Summary

2.10 The applicant is dedicated to provide a high standard and variety of landscaping on the

subject site which reduces the general visual harshness of usually unsightly hardstand areas, therefore contributing to the overall appearance and quality of development. Whilst not complying with scheme requirements, it is considered the application meets with the general intent of the Special Garden Industrial scheme requirements by incorporating a level of landscaping that will soften the appearance of a warehouse and parking area. Notwithstanding this, the applicant is proposing a building on a corner lot that incorporates interesting articulation to the primary and secondary frontages and interesting architectural features that present overall appeal to this site.

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11.3/AP3 SIGNAGE STRATEGY - H.N.51 CEDRIC STREET, STIRLING

Report Information

Location: Lot 798, H.N.51 Cedric Street, Stirling

Applicant: Greg Rowe and Associates

Application No: S05/0034 and DA05/0517

Reporting Officer: Director Planning Development

Business Unit: Approvals

Ward: Osborne

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That the proposed signage strategy for the commercial development on Lot 798, H.N.51 Cedric Street, Stirling (corner Karrinyup Road) be APPROVED, subject to no portable ground based signs or tethered signs being displayed within the front curtilage of the property. The motion was put and declared CARRIED.

Committee Recommendation

That the proposed signage strategy for the commercial development on Lot 798, H.N.51 Cedric Street, Stirling (corner Karrinyup Road) be APPROVED, subject to no portable ground based signs or tethered signs being displayed within the front curtilage of the property.

Officer's Recommendation

That the proposed signage strategy for the commercial development on Lot 798, H.N.51 Cedric Street, Stirling (corner Karrinyup Road) be APPROVED, subject to no portable ground based signs or tethered signs being displayed within the front curtilage of the property.

Report Purpose

To consider a signage strategy for the proposed commercial centre on the corner of Cedric Street and Karrinyup Road, Stirling.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Plans Tax sheet: 20.63

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Principal Statutory Provisions

Use Table Zoning: MRS - Central City Area

DPS2 - Town Centre Use: Class - Signage

Type - Permitted Description of Development

Site Area: 4419sqm Proposal Details: The application proposes a signage strategy for the recently

approved commercial development on the corner of Cedric Street and Karrinyup Road, Stirling. The signage strategy comprises of two pylon signs and numerous wall signs and creative roof signs. Given the number of proposed tenants for the site, the overall signage does exceed that permitted under the City’s signage provisions.

Nearest Cross Street: corner Cedric Street and Karrinyup Road

Development Standards The proposed sign for the site does not comply with the City’s signage provisions as detailed in "Schedule 11 : Advertising Sign Provisions of the Scheme" and "Table 11.1: Sign Zoning Table of the Scheme". Consultation Required The proposed signage strategy does not require advertising for public comment.

Background

1. On 5 October 2004, Council considered an offer to purchase Lot 798, H.N.51 Cedric Street (on the corner of Karrinyup Road) and resolved that it be accepted (item 12.1). The contract was subject to a due diligence period of 60 days (expiring on 4 January 2005) and to a condition which required approval of a development proposal for the site within the same period.

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2. On 19 November 2004, a development application was lodged, processed, advertised for public comment and referred to Council on 14 December 2004, where it was resolved:

"1. That the application for a mixed commercial development on Lot 796, HN 51 Cedric Street, Stirling NOT BE SUPPORTED in its current form but that the general development configuration and range of uses be ACCEPTED.

2. That upon receipt of amended plans incorporating:

a. Provision of parking in strict compliance with the standards specified in the Stirling Civic Precinct Commercial (Mixed Use) Design Guidelines:

without further extension of discretionary concessions under those guidelines;

excluding bays indicated to the rear which conflict with the access and servicing requirements of the development; and,

in the absence of detailed internal layouts, providing parking for takeaway fast food tenancies on the assumption of 1/3rd of floor space being provided for seating and 1/3rd of floor space being provided for counter / queuing;

b. Access, egress, circulation and servicing to the satisfaction of the City; and

c. A reduced total height and size of the pylon sign to accord with the provisions of the Scheme.

the application be APPROVED.

3. That those who made submissions on the proposal (if any) be ADVISED

accordingly." (11.1/PL 30) 3. Following an extension to the due diligence period by one week to 11 January 2005 and

following the submission of amended plans on 18 January 2005, the proposal was referred to Committee on 24 January 2005. On 1 February 2005, Council resolved the following:

“That the City’s consent for submission of the application is WITHDRAWN having regard for Council’s resolution not to proceed with the extension for the contract of the sale of Lot 798, H.N.51 Cedric Street (crn Karrinyup Road), Stirling and the application is therefore LAPSED.” (11.1/PL 26)

4. The offer to purchase the land was considered by Council at the meeting of 19 April 2005

and accepted with conditions (11.1/AD2). 5. On 11 May 2005, the City received a new application for Lot 798, H.N.51 Cedric Street,

Stirling. The application is similar to the previous application and proposes the same uses -shop, office and takeaway/fast food

6. On 28 June 2005, Council resolved the following:

"1. That upon resolution of the following issues, the Manager Approvals be DELEGATED AUTHORITY (through the CEO) to approve the application for a Mixed Use Commercial Development at Lot 798 HN 51 Cedric Street, Stirling: a) Confirmation of the acceptability of the access, egress and service

arrangements (in consultation with the Manager Engineering Design, Main

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Roads WA and the Western Australian Planning Commission (WAPC)); and

b) Submission of a detailed landscape plan, to the satisfaction of the Manager Parks and Reserves

2. That subject to resolution of 1(a) and (b) above, the application for a Mixed Use

Commercial Development at Lot 798 HN 51 Cedric Street, Stirling may be APPROVED subject to relevant conditions including;

a) The central shop (632m2) fronting Cedric St / Karrinyup Rd to have a

minimum glazed area of 50% that is not obscured from the exterior or interior in any way (such as through placement of shelving units against them);

b) That glazed areas other than those of the central shop (632m2) are not painted or obscured from the exterior, and, on the ground floor, are not obscured from the interior in any way (such as through placement of shelving units against them);

c) All meters and connections are to be accessed adjacent to vehicular access and should be integrated into the overall landscape and building design;

d) Provision of a continuous canopy along the frontages of the buildings; e) Piped and wired services, air conditions, satellite dishes, bin stores,

service plant and water storage tanks are to be screened from public view to the satisfaction of the City;

f) Queuing and seating areas to fast food premises not to exceed those areas on the approved plans;

h) Separate signage strategy being submitted prior to commencement of the development.

i) Compliance with any conditions specified by Main Roads WA and the WAPC." (11.3/AP9)

7. This report relates to Condition 2 (h), requiring the signage strategy to be submitted prior to

commencement of the development.

Comment

8. APPLICANT’S JUSTIFICATION

8.1 The subject lot is one of the gateways to the Stirling Civic Precinct and it serves an important function as a landmark site. It is considered that given the significance of the site, it is important that signage is an integral part of the built form, as such, the signage elements proposed are predominantly wall signs with 2 pylon signs.

8.2 The proposed wall signs are all contained within the built form and are of a shape,

which is consistent with the predominant architectural articulation of the building. 9. PLANNING COMMENTS

9.1 The application proposes a signage strategy for the commercial development on the corner of Karrinyup Road and Cedric Street. The strategy includes 2 pylon signs and numerous wall signs and creative roof signs.

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9.2 The City has granted approval for the construction of a commercial development on the subject lot, which comprises of 3 fast food/take away tenancies, 5 shop tenancies and 2 office tenancies (total of 10 tenancies). The most recent plans provided by the applicant have indicated that the commercial development will comprise of 3 fast food/take away tenancies, 6 shops tenancies and 4 offices tenancies (total of 13 tenancies).

9.3 The original submission from the applicant indicated larger signage and a greater

number of signs, including signage fronting the residential dwellings within the Civic Estate and additional illuminated signage located on top of the monolith architectural features. Furthermore, the applicant proposed only one pylon sign on the intersection of Karrinyup Road and Cedric Street.

9.4 Given the nature of the site and number of tenancies, it would be likely that portable

and “A” framed signage (“Ground Based Signs”) may occur along the street frontages. Such signage in this location will have a detrimental impact on the streetscape and would therefore not be supported, as this site is a gateway to the Stirling Civic Precinct.

Pylon Signs

9.5 According to the City’s signage provisions, a corner lot is permitted to have one pylon

sign per street frontage. The maximum height permitted is 8 metres with an area of 6sqm, this is based on the provision of the street address on the sign and the lot area being calculated at 0.5ha.

9.6 The original application submitted by the applicant indicated only one pylon sign for

the entire commercial centre being located on the corner, the sign had a height of 9 metres and an area of 18.9sqm. This was excessive and detracted from the streetscape, as well as raised concerns on traffic safety.

9.7 Following a meeting between the City and the applicant, an amended plan was

submitted indicating two separate pylon signs, with the following dimensions:

Pylon on Karrinyup Rd – 8 metres in height and 9.6sqm

Pylon on Cedric Street – 8 metres in height and 7.2sqm.

The proposed pylon signs exceed the permitted area allowed, however, given the location of the site and the number of tenants proposed for the site, the additional size of the sign is considered acceptable and could be supported.

Signage on Buildings

9.8 Following discussions with the applicant, the overall signage for the buildings has

been decreased in size and number, in particular, the signage fronting the residential area has been deleted. The proposed signages on the buildings are a combination of wall signs and creative roof signs.

9.9 The current proposal indicates that a majority of the tenancies will be provided with

one signage panel, which is consistent with previous applications for similar developments assessed by the City.

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9.10 Given the number of the tenancies proposed for the site and the location of the site, the overall aggregate area for the signage exceeds that indicated with the City’s signage provision. However, this could be supported given the size and intensity of the development.

Conclusion

9.11 The purpose of the signage strategy is to indicate the location of the signage for each

individual tenancy and that the tenants are restricted to these panels only (the artwork and appearance of each panel/tenancy will be submitted to the City progressively). The signage strategy proposed has attempted to minimise any potential impacts on the surrounding residential area and has deleted the location of any pylon signs on the very intersection of Karrinyup Road and Cedric Street.

9.12 The proposed signage is considered to be justifiable for a development of this

magnitude, therefore it is recommended that the strategy be approved, subject to no placement/erection of portable and “A” framed signs (“Ground Based Signs”) or tethered signage within the street frontage of the property.

11.3/AP4 TEMPORARY FENCING - SUBDIVISONS

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Director Planning and Development

Business Unit: Approvals

Ward: City Wide

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose. 1. That the Director Planning and Development report on the requirement for temporary

fencing to subdivisions be RECEIVED.

2. That the City WRITE to the following organisations to seek industry feedback on a requirement to provide temporary fences to building sites: Department of Housing And Works Builder's Registration Board Housing Industry Association Master Builders' Association Western Australian Local Government Association

The motion was put and declared CARRIED.

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Committee Recommendation

1. That the Director Planning and Development report on the requirement for temporary fencing to subdivisions be RECEIVED.

2. That the City WRITE to the following organisations to seek industry feedback on a requirement to provide temporary fences to building sites: Department of Housing And Works Builder's Registration Board Housing Industry Association Master Builders' Association Western Australian Local Government Association

Officer's Recommendation

1. That the Director Planning and Development report on the requirement for temporary fencing to subdivisions be RECEIVED.

2. That the City WRITE to the following organisations to seek industry feedback on a requirement to provide temporary fences to building sites: Department of Housing And Works Builder's Registration Board Housing Industry Association Master Builders' Association Western Australian Local Government Association

Report Purpose

To respond to the request from Councillor Boothman for an investigation into the requirement for temporary fencing to be installed to subdivisions.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

On 28 June 2005, Councillor Boothman called for a report to all subdivision applications in residential areas and suggested that a requirement be placed for temporary fencing as a condition of approval based on the following reasons: - 1. Access of individuals to building sites; 2. Vandalism that occurs on building sites; and 3. Public liability issues with children playing in building sites. This reports seeks to respond to that request.

Comment The City’s Coordinator Building Approvals has undertaken an investigation into the requirement for fencing to residential construction sites and provides the following information: -

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1. Access of individuals to building sites Access of individuals to building sites can be broken down to three distinctive areas, they are as follows: - Building Surveyors The authority for a Building Surveyor to enter and inspect buildings, whether completed or not is given pursuant to the provisions of Section 420 (1) of the Local Government (Miscellaneous Provisions) Act 1960 and Section 3.31 of the Local Government Act 1995. General Public Pursuant to Section 21 (2) of the Occupational Safety and Health Act 1984, an employer or self-employed person shall, so far as is practicable, ensure that the safety or health of a person not being (in the case of an employer) an employee of the employer, is not adversely affected wholly or in part as a result of –

(a) work that has been or is being undertaken by — (i) the employer or any employee of the employer; or (ii) the self-employed person; or

(b) any hazard that arises from or is increased by —

(ii) the work referred to in paragraph (a); or (ii) the system of work that has been or is being

operated by the employer or the self-employed person.

Sub-contractors Pursuant to Section 21 (1) of the Occupational Safety and Health Act 1984, a self-employed person shall take care to ensure his or her own safety and health at work. 2. Vandalism that occurs on building sites Vandalism to residential construction sites does not fall under the City’s jurisdiction and is a matter, which is dealt with by the Western Australian Police Service. 3. Public liability issues with children playing in building sites. Construction sites create risks not only for the construction worker, but also for the public who move around the site or who may live adjoining them. The general public must be protected from the hazards associated with construction work that may be carried out in a public area or adjacent to such area. Regulation 3.75 Hoardings and barricades and regulation 3.76 Gantries of the Occupational Safety and Health Regulations 1996 clearly explain what must be done to protect persons who are in the vicinity of, but are not on, the construction site. The Occupational Safety and Health Act 1984 also has broad requirements which can be applied based on "Duty of Care" and what is "practicable'. PRACTICABLE (Public Protection) The implications to public protection from the word "practicable" are far reaching. This applies to general duties for employers, employees, and people with control of workplaces, erectors installers and self-employed persons. These people are expected to take measures that are practicable and reasonable. If something is practicable it is capable of being done.

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Whether it is also reasonable takes into account – 1. The severity of any injury or harm to health that may occur; 2. The degree of risk (or likelihood) of that injury or harm occurring; 3. How much is known about the hazard and the ways of reducing, eliminating or controlling

it, and 4. The availability and costs of protection measures. Common practice and knowledge throughout the industry is taken into account whether a protective measure is "reasonably practicable". What is considered reasonable in any particular case will depend on the specific circumstances. For example the vast majority of domestic construction in Western Australia has no means of Public Protection and this is considered the "Common Practice" in the industry. In this instance the cost of inserting safeguards is measured against the consequences of failing to do so. It is not a measure of whether employer can afford to put the necessary safeguards in place. COMMON LAW IMPLICATIONS A member of the public may claim damages through a civil court for injuries arising from an employer or employee's failure to take reasonable care. These are commonly called "negligence claims". The courts recognize that the actions of an employer / employee may result in an injury to a member of the public. Under the requirements of common law there must be damage to property or injury to a person before some action can be taken, whereas under the Occupational Health and Safety Act there is no need for an injury to occur before enforcement action can be taken. In common law each case is decided upon its merits and the courts determine whether the action taken by the employer / employee is reasonable in any particular case. They consider the way a hypothetical "Reasonable Person" might behave in each situation to determine the standard of care, which should apply in any particular case. It is based on the values of the society of the day and, in the end will involve a judgement. There is no legal definition of how a reasonable person would behave and the final decision would depend upon the facts of each situation. The size, complexity and location of a project often dictate's the amount of public protection required. For example an addition to a primary school will have far greater requirements than an addition on a mine site. The mine site is isolated with no public access as compared to a primary school, which is usually never isolated and encourages public access. Conclusion Whilst discussing matters of concern raised by Councillor Boothman with officers from Worksafe, they advised if a particular residential building site had been identified by the public as having concerns with children gaining access to the construction site, Worksafe would advise the builder to take the appropriate action to prevent access to the site. An example of this would be to place a 1.8m high chain mesh fence to secure the site from members of the public. It should be noted that the City provides a report of all building approvals to Worksafe on a monthly basis. With reference to Building Regulations 1989 Part 7 – Precautions during Construction, Regulation 26 (1) Hoardings – The erection, maintenance, lighting and removal of hoardings and fences shall be carried out in accordance with the provisions of Part XV of the Act and with such other requirements as the building surveyor may specify in order to ensure the safety and convenience of the public.

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A Glossary of Building Terms published by Standards Australia defines a Hoarding as – “A high temporary fence or structure enclosing a demolition site, or a building site during construction or alterations, to restrict access, prevent theft, and provide side but not overhead protection to passers-by.” Pursuant to section 374 (1a) of the Local Government (Miscellaneous Provisions) Act 1960 plans of buildings to be approved by the local government may be issued subject to such conditions as are specified. However, the request to place a condition on the building licence approval for temporary fencing to residential construction sites would only enjoy limited success if it is not introduced as a standard requirement throughout the state. It is proposed that the City will write to the Department of Housing & Works (DHW), Builders Registration Board (BRB), Housing Industry Association (HIA) and the Master Builders Association (MBA) so as to seek industry feedback on a requirement to provide fencing to building sites.

11.3/AP5 PROPOSED BED AND BREAKFAST ACCOMMODATION - LOT 201, HN 19 RINALDI CRESCENT, KARRINYUP

Report Information

Location: Lot 201, HN. 19 Rinaldi Crescent, Karrinyup

Applicant: Roger Evans

Application No: DA05/0870

Reporting Officer: Director Planning and Development

Business Unit: Approvals

Ward: Coastal

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That the application for Bed and Breakfast Accommodation at Lot 201, HN 19 Rinaldi Crescent, Karrinyup be APPROVED subject to relevant conditions, including:

1. The bed and breakfast accommodation being restricted to one guest suite (2 persons) only.

2. One parking bay to be provided for guest parking on site.

3. Approval is valid for one year only. The motion was put and declared CARRIED.

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Committee Recommendation

That the application for Bed and Breakfast Accommodation at Lot 201, HN 19 Rinaldi Crescent, Karrinyup be APPROVED subject to relevant conditions, including:

1. The bed and breakfast accommodation being restricted to one guest suite (2 persons) only.

2. One parking bay to be provided for guest parking on site.

3. Approval is valid for one year only.

Officer's Recommendation

That the application for Bed and Breakfast Accommodation at Lot 201, HN 19 Rinaldi Crescent, Karrinyup be APPROVED subject to relevant conditions, including:

1. The bed and breakfast accommodation being restricted to one guest suite (2 persons) only.

2. One parking bay to be provided for guest parking on site.

3. Approval is valid for one year only.

Report Purpose

To consider an application for a 'Use Not Listed - Bed and Breakfast Accommodation' following the advertising period.

Relevant Documents

Attachments: Location Plan Available for viewing at the meeting: Application, Submissions Tax sheet: 14.64

Principal Statutory Provisions

Use Table Zoning: MRS - Urban

DPS2 - Residential R20 Use: Class - Use Not Listed

Type - AA use Description of Development

Site Area: 852m2 Proposal Details: To use existing rooms in the house for Bed and Breakfast Accommodation for up to a maximum of two guests. Nearest Cross Street: Rainer Street

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Development Standards There are no specific requirements for 'Bed and Breakfast Accommodation' in the City's District Planning Scheme No. 2. A draft policy has been prepared, but has no formal statutory status to date. A requirement for one additional parking bay per guest bedroom is normally advanced by the City as reasonable and has provided an informal standard on previous applications. Consultation Required The use is unlisted in the District Planning Scheme, thereby requiring advertising under Clause1.3.2.5. The application was advertised for a period of 21 days with adjoining property owners/occupiers within 100m radius notified in writing, in accordance with Council's 'Public Advertising of Planning Proposals' procedure and the City's District Planning Scheme No. 2.

Comment

1 OUTCOMES OF ADVERTISING

1.1 At the conclusion of the advertising period three submissions had been received, two objecting to the proposal and one in support of the proposal (available for viewing).

1.2 The grounds for objection are summarised as follows:

The operation of a Bed and Breakfast in a residential area would change and spoil

the existing culture/ethos and reduce property values. Different people coming and going in a family residential area, possibly creating more

noise with guests arriving at questionable hours. Close proximity to Deanmore Primary School. The commercial nature of the proposal. The need to replace the connecting path between Lowe Street and Rinaldi Crescent

which is currently in disrepair and unusable. The difficulty in ensuring the maximum number of guests is never exceeded. The suitability of guest parking in the garage for larger vehicles, trailers and

caravans.

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2 APPLICANT'S JUSTIFICATION

2.1 The existing development is a single level, three bedroom, two bathroom dwelling designed in the Balinese style with a central courtyard incorporating a plunge pool and gazebo. A double lock up garage with store room is also provided. The proposed development is to allow short term accommodation offered as a bed and breakfast service.

2.2 The existing second bedroom is designated to be the bed-sit accommodation and the

third bedroom designated as a sitting room accompanying the bed-sit. Situated between the sitting room and the bed-sit is a bathroom. Breakfast can be provided and served in the bed-sit sitting area.

2.3 Car parking for the guest room is to be provided within the garage in the designated

bay. I only have one vehicle thus leaving one parking bay free in the garage, allowing guests to securely park their vehicle and leave the front driveway and crossover free. It is anticipated the type of vehicle the guests will drive is a standard size hire car.

2.4 Due to the Balinese design the proposed guest accommodation is contained in a

separate 'pavilion' entered from the glazed walkway of the dwelling. Access to the street is via the main entry of the dwelling and through the living areas, or via a door adjacent to the guest bedroom and a garden path to a gate located in the side boundary fence, exiting to the adjacent public access way. This public access way leads to Rinaldi Crescent and also allows access to the garage via a side entry door.

2.5 Access to the guest accommodation from the public access way allows minimum

impact of the privacy of the dwelling and the garden path leads through a private courtyard, over which the guest accommodation has an aspect.

2.6 The existing main bedroom for the dwelling is also a separate pavilion with a

contained retreat area for the owner to utilise if the main living area is offered with the accommodation.

2.7 The amenity of the surrounding neighbours will be unaltered due to the existing public

access way dividing the adjacent property, the change in levels and high brick screen wall to the adjoining property.

3 RESPONSE TO SUBMISSIONS AND PLANNING CONSIDERATIONS

3.1 The application proposes short term accommodation in the form of a Bed and Breakfast for up to two guests (one guest suite). It has been proposed by the Applicant to offer guest parking in the existing double garage to the front of the house. For previous applications, the City has applied the informal standard that one additional parking bay for each guest room be provided. This is in addition to the two parking bays required for residential use. However, due to the existing double garage having a front setback of approximately 3m and an existing solid front fence across the front property boundary, there is no opportunity to provide additional parking on site without major modifications to the property.

3.2 As such, Council has the option to either refuse the application, or to consider the

specifics of the proposal and determine whether it considers that the operation of the proposed Bed and Breakfast could be satisfactorily addressed through management conditions to protect the residential amenity.

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3.3 The Applicant has advised the City that they only have one vehicle, allowing any guest vehicles to be parked in the vacant car space in the double garage. The Applicant, due to the type of accommodation they are proposing, does not expect or intend to attract guests who would be travelling with trailers or caravans.

3.4 The proposal for Bed and Breakfast accommodation is for one guest suite only,

accommodating a maximum of 2 persons with bedroom, bathroom and sitting room facilities. The Applicant also retains their own dedicated living quarters within the house, thus maintaining the residential use of the dwelling.

3.5 Recent site visits have confirmed that the abutting footpath which allows for

pedestrian access between Rinaldi Crescent and Lowe Street is in poor condition and has been fenced off. The City is currently considering the permanent closure of this public access way, therefore it is not considered appropriate to support side access to and from the property as detailed in the application. Instead it would be preferable to have guests enter and exit the property from the front. This would also minimise disruption to the adjoining properties as guests movements would be restricted to the front of the house or inside the walled property.

3.6 The use, as proposed, is considered generally consistent with the residential zoning

and is not considered to conflict with adjacent land uses, including Deanmore Primary School. The use, if restricted to its small scale of one guest suite (2 persons) only, is unlikely to have an adverse impact on residential amenity. However, Council could consider limiting the approval of the proposed use for a specific duration which would allow the impact of the use to be a consideration when renewal of the approval is sought. There is no evidence to support that the proposal would result in a reduction in property values and in any event, this is not a valid planning consideration.

3.7 Whilst, the proposal has not provided an additional parking bay for guests and is

reliant on the current owner only having one vehicle, on balance it is considered, if the proposed bed and breakfast is restricted to the one guest suite, one parking bay is made available for guest parking and approval is for one year only, the proposal is considered unlikely to have an adverse impact on residential amenity. Therefore the application for bed and breakfast accommodation is supported subject to the conditions the bed and breakfast accommodation being restricted to one guest suite (2 persons) only, one parking bay to be available for guest parking on site, and the approval being valid for one year only, upon expiry a new approval will be required.

Consultation/Communication Implications

Consultation undertaken as detailed above.

Policy and Legislative Implications

An amendment to District Planning Scheme No. 2 (Amendment 462) has been drafted to include the use class 'Bed and Breakfast' and also a draft policy on Bed and Breakfast Accommodation has been prepared and will be presented to Council shortly.

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11.3/AP7 ADDITIONS TO A DWELLING LISTED IN THE MUNICIPAL INVENTORY - 16 FIRST AVENUE, MT LAWLEY

Report Information

Location: Lot 105, HN 16 First Avenue, Mt Lawley

Applicant: Denny Building Design

Reporting Officer: Director Planning and Development

Business Unit: Approvals

Ward: Lawley

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That the item relating to the application to carry out additions to the dwelling at 16 First Avenue, Mt Lawley, which is listed on the City's Municipal Inventory be HELD OVER to the Town Planning Committee Meeting to be held on 15 November 2005 to allow advice to be obtained by the City from a Heritage Consultant. The motion was put and declared CARRIED.

Committee Recommendation

That the item relating to the application to carry out additions to the dwelling at 16 First Avenue, Mt Lawley, which is listed on the City's Municipal Inventory be HELD OVER to the Town Planning Committee Meeting to be held on 15 November 2005 to allow advice to be obtained by the City from a Heritage Consultant.

Officer's Recommendation

That the application to carry out additions to the dwelling at 16 First Avenue, Mt Lawley, which is listed on the City's Municipal Inventory be APPROVED as the proposal is not considered detrimental to the integrity of the dwelling or the amenity of the area.

Report Purpose

Council is requested to consider an application to construct a three-storey addition to the rear of the dwelling which is listed as Category 2 in the City's Municipal Inventory.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Plans, Photographs, Designer Brief Tax sheet: 28.53

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Principal Statutory Provisions Use Table

Zoning: MRS - Urban DPS2 - Residential R12.5

Use: Class - Single Residential Type - Permitted

Description of Development

Site Area: 1214m2 Proposal Details: To consider an application to construct a three-storey addition to a

dwelling listed in the City's Municipal Inventory Nearest Cross Street: Coode Street

Background

On 20 January 2005 an application for approval in principle to construct a three-storey addition was received from the designer, Denny Building Design on behalf of the owner, Mr G. Dunbar. The dwelling is listed in the City's Municipal Inventory as Category 2 Significance - "An authentic early Mt Lawley home in the context of First Avenue. It contributes to the general tenor of this section of First Avenue." The application was assessed for compliance with the design guidelines in place at that time. The objectives/policies of Part 3.2 state, in part, the following:

"The new addition should not dominate the original building when viewed from the street. The new addition should complement the original house.”

It is desirable that the new addition be identifiable from the original home. The addition may be contemporary or traditional in style. The new elevation of the proposed addition has been described as 'Free Classical'.

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The land has a fall from the street of approximately 4.5m. The original brick dwelling has a weatherboard extension to the rear. The extension, which is proposed to be demolished, has an undercroft storage area and a bedroom on the first floor level practically incorporated into the existing roof space. The designer has utilised the fall in the land to design a three-storey addition which incorporates a workshop, garage and games rooms in the basement, living areas to the ground floor and bedrooms to the first floor. The addition retains the appearance of a double storey dwelling when viewed from the street. The City wrote to the designer advising that the proposed addition was non-compliant with Council Policy N101421 - Building Height and raising other building and design issues. Subsequent to the above advice to the designer, there was an exchange of correspondence relating to the height of the building and design issues. The City received amended plans and they indicate that the height of the addition has been reduced by approximately 1.5m to the top of the parapet located to the rear elevation. This portion of parapet wall, which may be described as an architectural feature, is approximately 600mm over-height. Due to its location and orientation, it is not considered to have a detrimental impact on adjoining properties and is not readily visible from the street. The front wall of the proposed addition is located approximately 21m from the front boundary. The existing dwelling has traditional red brick walls and a zincalume roof. The proposed addition has a mixture of matching brick walls and rendered walls with a sandstone colouration. The roof sheeting nominated as 'off-white / gull grey" colourbond. This nominal variation in materials and colouration is compliant with the design guidelines current at the time of application. Applicant's Justification The owner's designer has submitted written comment in support of the proposal which is summarised as follows: The existing dwelling is a single storey dwelling with a loft and undercroft and constructed

in brick with a metal roof. The lot falls approximately 4.5m from the front boundary. The established gardens are in

poor and overrun condition. The owners intend to utilise all the site and will preserve the streetscape by restoring the

existing federation cottage and relocating the carparking to a new undercroft garage. The styles of architecture do not form a seamless connection and may be considered

contradictatory. However the materials to be used are complementary. Most of the differing styles will not be visible from public spaces.

The proposed extension has a mass not consistent with the existing dwelling but will not be

noticeable from the street. The design has taken into account the heritage value of the existing residence by

preserving its three external elevations, relocating car parking and arranging the extension so it is set well within the boundaries, having no bearing on the streetscape.

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Comment Part 3.2 of the Design Guidelines (applicable at the time of application) states, in part, the following: "INTRODUCTION It is sometimes necessary to extend existing buildings to accommodate the changing needs of owners. There are various ways of achieving this.

New structure added to the rear of the existing building. OBJECTIVES The new addition should not dominate the original building when viewed from the street. The new addition should complement the original house. It is desirable that the new addition be identifiable from the original house." A development assessment officer has visited the site and reports that the proposed three-storey addition, as amended is unlikely to have an adverse impact on the amenity of the locality on the following grounds: 1. The addition has the appearance of a double storey when viewed from the street. 2. The application is compliance with the provisions relating to privacy, setbacks and

overshadowing in the Residential Design Codes. 3. The existing dwelling will remain substantially intact with the plans having a notation that it

be restored as original. 4. The over-height parapet which is a minor part of the overall structure is not considered to

have a detrimental impact on adjoining properties. 5. The rather dramatic variation in architectural style is only visible from the rear of the

property and will not affect the integrity of the design of the existing front façade of the dwelling.

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11.3/PS1 AMENDMENT 490 TO DPS 2 - LOT 89, HN 99 WANNEROO ROAD, TUART HILL - ADDITIONAL USE 'HOLIDAY UNITS' - OUTCOMES OF ADVERTISING

Report Information

Location: Lot 89 HN 99 Wanneroo Road, Tuart Hill

Applicant: Philipoff Pty / Planning Solutions

Reporting Officer: Director Planning and Development

Business Unit: Policy & Strategic Development

Ward: Osborne

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

1. That Amendment 490 to District Planning Scheme No 2 be ADOPTED in an unmodified form, signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

2. That the applicant be REMINDED of the requirement to submit an upgrading plan for the site, to be approved prior to the use of the site for ‘short stay / holiday use’.

The motion was put and declared CARRIED.

Committee Recommendation

1. That Amendment 490 to District Planning Scheme No 2 be ADOPTED in an unmodified form, signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

2. That the applicant be REMINDED of the requirement to submit an upgrading plan for the site, to be approved prior to the use of the site for ‘short stay / holiday use’.

Officer's Recommendation

1. That Amendment 490 to District Planning Scheme No 2 be ADOPTED in an unmodified form, signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

2. That the applicant be REMINDED of the requirement to submit an upgrading plan for the site, to be approved prior to the use of the site for ‘short stay / holiday use’.

Report Purpose

To consider the outcomes of advertising of Amendment 490 to District Planning Scheme No 2.

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Relevant Documents

Attachments: Nil Available for viewing at the meeting: Amendment Document, Management Plan, Schedule of Submissions (previously circulated under separate cover) Tax sheet: 23.60 Summary of Proposal Current Zoning: MRS - Urban

DPS2 - Medium Density Residential R40 Proposed Zoning: DPS2 - Additional Use – Holiday units Size of Site: 4511m2 Concept Plan: No concept development plan has been provided as the units are existing.

Council has previously required (as a condition against the additional use) that an upgrading plan should be submitted for approval prior to the use of the site as short stay accommodation / holiday units.

Location Plan (Wanneroo Road running North-South)

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Aerial Photograph

Background

1 On 19 April 2005, Council resolved to

"AMEND District Planning Scheme No 2 by including 'Holiday Units' as an Additional Use in Schedule 2B of the Scheme for Lot 89 HN 99 Wanneroo Road, Tuart Hill with the following conditions:

1.1 Use of the site (or any portion of it) for 'short stay' / holiday unit use not to

commence prior to the submission, approval and implementation of an upgrading plan for the site;

1.2 Lease of units for 'short stay' / holiday unit use to accord with the terms of a Management Plan adopted by the Council;

and that upon:

1. Submission of Amendment documentation to the satisfaction of the Manager

Policy & Strategic Development, 2. Submission of a Management Plan to the satisfaction of the Manager Policy &

Strategic Development, to minimise potential land use conflict between permanent and short term residents (on and off the site); and

3. Payment of the second stage Rezoning Fee; the Amendment be PROCESSED in accordance with the Town Planning Regulations." (Item 11.1 / PS4)

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2 The three prerequisites were met (with the Management Plan submitted available for viewing) and advertising subsequently occurred in accordance with the Town Planning Regulations (as amended) and was completed on 14 September 2005.

Comment

3 OUTCOMES OF ADVERTISING

3.1. During the public consultation period, a total of 31 submissions were received (refer Schedule of Submissions). Of these, 28 were ‘proforma’ submissions supporting the rezoning, mainly received from occupiers of the subject lot, and also from the owners of local businesses.

3.2. Two submissions were received objecting to the proposal (though one of which did

not provide any explanation of the grounds on which the proposals was being objected to). A further submission was received which expressed concern regarding the proposed rezoning which could be considered as an objection, though this was not stated. The concerns and objections cited by these respondents were as follows:-

The proposal would result in anti social behaviour from short stay tenants; The owners will not maintain the property if the property is let as short stay

accommodation; The area is primarily residential, not commercial; The use would not be compatible with surrounding properties and will affect

the amenity of the area; Property values of adjoining properties will decline as a result of the

proposed use.

4. RESPSONSE TO SUBMISSIONS RECEIVED

4.1 The concerns expressed largely relate to the concern that the units will be leased to unruly / undesirable tenants, creating a land use conflict, and that the property will be poorly maintained, affecting residential amenity and property values.

4.2 These concerns are understandable (though speculative) but are addressed through

the proposed conditions of the Additional Use, namely that: o Use of the site (or any portion of it) for 'short stay' / holiday unit use (is) not to

commence prior to the submission, approval and implementation of an upgrading plan for the site;

o Lease of units for 'short stay' / holiday unit use to accord with the terms of a Management Plan adopted by the Council;

The Management Plan submitted (which would be formally considered by Council upon submission of a development application for the additional use, subsequent to the rezoning) addresses the following issues:

Leasing Processing of complaints Landscaping and general maintenance Telecommunications facilities House keeping Waste Disposal

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The Management Plan seeks to scope the extent of possible conflicts arising from the operation of ‘Holiday Units’, and suggests solutions to these conflicts. In particular, the Management Plan indicates that all short term leasing will be coordinated and managed through one leasing agent, and that an on-site resident manager will be engaged. Additionally, landscaping and general maintenance shall be arranged through the responsible leasing agent or on site resident manager. However, issues such as landscaping and general maintenance should be addressed by the upgrading plan which required to be approved by Council prior to the ‘Holiday Units’ being operated.

4.3 These provisions are considered to provide adequate safeguards against these

concerns (which, in any case, could occur under permanent tenure). 4.4 With regards to the statement that the area is predominantly residential in nature, this

is correct. However, the short term use is not necessarily in conflict with this. The location, on a busy road, a transport route and near commercial uses lends support to the variation from permanent residential.

4.5 On balance, the proposal is considered sound, the concerns raised adequately

addressed, and final adoption of the Amendment is recommended.

Policy and Legislative Implications

Amendment subject to the provisions of the Town Planning & Development Act 1928 and the Town Planning Regulations 1967 (as amended). No specific Council policies applicable.

11.3/PS2 AMENDMENT 491 TO DPS 2 - LOT 38, HN 3 VICTORIA ROAD, WESTMINSTER - 'SPECIAL USE - CLUB PREMISES' TO 'MEDIUM DENSITY RESIDENTIAL R50' - OUTCOMES OF ADVERTISING

Report Information

Location: Lot 38, HN 3, Victoria Road, Westminster

Applicant: Chappell & Lambert Pty Ltd

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Balga

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose. That Amendment 491 to District Planning Scheme No 2 be ADOPTED in an unmodified form, signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval. The motion was put and declared CARRIED.

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Committee Recommendation

That Amendment 491 to District Planning Scheme No 2 be ADOPTED in an unmodified form, signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

Officer's Recommendation

That Amendment 491 to District Planning Scheme No 2 be ADOPTED in an unmodified form, signed, the Common Seal affixed and forwarded to the Western Australian Planning Commission for final approval.

Report Purpose

To consider the outcomes of advertising of Amendment 491 to District Planning Scheme No 2.

Relevant Documents

Attachments: Concept Plan Available for viewing at the meeting: Amendment Document, Submission Tax sheet: 22.69

Summary of Proposal Current Zoning: MRS - Urban

DPS2 - Special Use – Club Premises Proposed Zoning: DPS2 - Medium Density Residential R50 Size of Site: 10,411m2

Concept Plan: A concept development plan was submitted and made available to the public during the public consultation period, a copy of which is attached.

Location Plan

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Aerial Photograph

Background

1 On 19 April 2005, Council resolved:

"1. To amend District Planning Scheme No 2 by rezoning Lot 38 HN 3 Victoria Road (Cnr Wanneroo Road), Westminster from ‘Special Use Zone – Club Premises’ to ‘Medium Density Residential R50’ and that upon:

1 Submission of Amendment documentation to the satisfaction of the Manager

Policy & Strategic Development; and 2 Payment of the second stage Rezoning fee;

the Amendment be processed in accordance with the Town Planning Regulations.

2. That application to use the premises for ‘Public Worship’ (Church Purposes) be

ADVERTISED concurrently with the rezoning (though noting that development approval could only be given after final gazettal of rezoning, following submission of a formal development application, and would be subject to relevant conditions)

3. That the applicant be REQUESTED to submit a concept layout plan for the site to

indicate how residential development of the vacant portion could be accommodated, prior to the completion of advertising." (Item 11.1/PS5)

2 Advertising subsequently occurred in accordance with the Town Planning Regulations (as

amended) and was completed on14 September 2005.

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Comment

3 OUTCOMES OF ADVERTISING

3.1 At the completion of the advertising period, one submission was received. This submission was made anonymously and raised a number of concerns including the need to protect the amenity of an area, to plan appropriatly to ensure provision of services, public open space and nodes, and the need to protect natural resources.

4 RESPONSE TO SUBMISSIONS & PLANNING CONSIDERATIONS

4.1 The proposal was considered in detail in the report to the Planning & Development committee on the 12 April, with Council resolving to support initiation of the rezoning on the 19 April 2005. During the initial assessment of this proposal, lot layout and access to the site were identified as issues requiring further consideration at the development application stage. However, the application was supported on the grounds that the area is considered to be well serviced, provides an opportunity for urban consolidation and is consistent with abutting residential densities. It was noted, however, that although the indicative lot sizes are consistent with R-Codes minimum and average site area requirements for the proposed zoning, the size of each lot proposed is considerably less that the lot sizes of existing properties in Lodesworth Street.

4.2 The objection indicates concern that inadequate planning and an excessive focus

on profit and rates may result in a loss of amenity through potential loss of variety of uses, lack of public open space and so forth. Concern is also raised that consideration be given to issues such as impact on water quality and bushland protection. While some of the concerns flagged represent genuine planning issues, they are not considered to be directly relevant this proposal.

4.3 The redevelopment of the vacant portion of the site is further supported on the

basis that it allows for more efficient use of land and urban consolidation, with minimal impact on local amenity. There is no identified need for additional public facilities in this area and the scale of the development is unlikely to generate such demand (though a contribution towards public open space would normally be requested as a condition of subdivision approval under WAPC policy). In terms of environmental impact, the development is considered to contribute to the preservation of natural resources through reducing urban sprawl and, through proximity to services, dependence on private motor vehicles. The site is not identified as containing any significant vegetation.

4.4 As such, the objection is not considered to warrant modification to or refusal of the

rezoning, and its finalisation is recommended.

5. PLACE OF PUBLIC WORSHIP USE 5.1 Council’s previous resolution called for the advertising of the change in use of the

premises from ‘Special Use Zone – Club Premises’ to ‘Public Worship’ (Church Purposes) to be advertised concurrently with the rezoning application, to allow determination of this component of the proposal concurrent with the rezoning. Advertising of this use is currently underway and, in the event of no objections being received and gazettal of the Amendment, its approval would occur under delegation. Should objections be received, the application will be referred back to Council.

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Consultation/Communication Implications

Consultation required by legislation and completed. One submission received.

Policy and Legislative Implications

Amendment subject to the provisions of the Town Planning & Development Act 1928 and the Town Planning Regulations 1967 (as amended). No specific Council policies applicable.

11.3/PS3 AMENDMENT 492 TO DPS 2 - INDUSTRIAL AREAS AMENDMENT

Report Information

Location: Osborne Park and Balcatta Industrial Areas

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Osborne and Hamersley

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

1. That Amendment No. 492 to District Planning Scheme No.2 which introduces a “Mixed Business” zone into the City’s industrial areas of Osborne Park and Balcatta and applies this to lots located on major access roads and revises the industrial scheme provisions and standards in accordance with the draft Industrial Areas in Transition Management Strategy be ADOPTED and processed in accordance with the Town Planning Regulations 1967 (as amended).

2. That the Industrial Areas in Transition Management Strategy be ADVERTISED for

public comment conjointly with Amendment 492. 3. That a Communication Strategy be PREPARED to ensure extensive consultation with

affected landowners, tenants and the community and that the advertising period for Amendment 492 and the Industrial Areas Strategy be extended to 12 weeks given the significance and complexity of the proposals.

The motion was put and declared CARRIED.

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Committee Recommendation

1. That Amendment No. 492 to District Planning Scheme No.2 which introduces a “Mixed Business” zone into the City’s industrial areas of Osborne Park and Balcatta and applies this to lots located on major access roads and revises the industrial scheme provisions and standards in accordance with the draft Industrial Areas in Transition Management Strategy be ADOPTED and processed in accordance with the Town Planning Regulations 1967 (as amended).

2. That the Industrial Areas in Transition Management Strategy be ADVERTISED for public

comment conjointly with Amendment 492. 3. That a Communication Strategy be PREPARED to ensure extensive consultation with

affected landowners, tenants and the community and that the advertising period for Amendment 492 and the Industrial Areas Strategy be extended to 12 weeks given the significance and complexity of the proposals.

Officer's Recommendation

1. That Amendment No. 492 to District Planning Scheme No.2 which introduces a “Mixed Business” zone into the City’s industrial areas of Osborne Park and Balcatta and applies this to lots located on major access roads and revises the industrial scheme provisions and standards in accordance with the draft Industrial Areas in Transition Management Strategy be ADOPTED and processed in accordance with the Town Planning Regulations 1967 (as amended).

2. That the Industrial Areas in Transition Management Strategy be ADVERTISED for public

comment conjointly with Amendment 492. 3. That a Communication Strategy be PREPARED to ensure extensive consultation with

affected landowners, tenants and the community and that the advertising period for Amendment 492 and the Industrial Areas Strategy be extended to 12 weeks given the significance and complexity of the proposals.

Report Purpose

To consider an Amendment (492) to District Planning Scheme No 2 to facilitate the implementation of the development directions contained in the City’s Industrial Areas in Transition Management Strategy in accordance with the resolution of Council at its meeting of 19 October 2004.

Relevant Documents

Attachments: Nil Available for viewing at the meeting : Amendment 492 & Industrial Areas in Transition

Management Strategy (previously circulated under separate cover), DPI Comment, draft Communications Strategy

Tax sheet: Nil

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Background

In response to emerging trends affecting the City's industrial areas, including for commercial businesses involving large showrooms seeking to locate in industrial areas on major traffic routes and the increase in retailing from established industrial premises, Council at its meeting of 17

August 2004 resolved to prepare an ‘Indicative Strategy’ for the City’s industrial areas (Item 11.1/PL6). The aims, objectives, issues, implications and future directions were further discussed and agreed at a Council Workshop held on the 1 September 2004. On 19 October 2004, Council considered the resultant Strategy resolved: "1. That the Draft Industrial Areas Management Strategy be ENDORSED. 2. That the Manager Planning Services be REQUESTED to progress the recommendations

of the Industrial Areas Management Strategy. 3. That a Scheme Amendment be INITIATED to define and delimit a “ Zone” fronting major

roads within the Osborne Park and Balcatta Industrial Areas." (Item 11.1 / PL11) The Industrial Areas Management in Transition Management Strategy was subsequently referred to the Department for Planning and Infrastructure for information and comment. The response received was generally supportive but placed some emphasis on the need to prepare a detailed Development Design, Access and Land Use Plan for Scarborough Beach Road to address the traffic management and service road issues which are likely to be exacerbated by the continued intensification of use along this road.

Comment

The Industrial Strategy contains the aims and objectives for the future management and development of the City’s industrial zones. The Amendment provides the statutory controls for implementation of this. Given the complexities of the proposal and the need for clarity as to the precise implications of the Strategy on individual landowners, as well as more generally, concurrent advertising of the Amendment and Strategy was thought appropriate. The Amendment essentially reflects and builds upon the directions set by the Strategy. The following comments relate specifically to the major matters dealt with in the Amendment:

1. The Strategy and Amendment propose significant change to the City’s two major zoned industrial areas, Osborne Park and Balcatta. Fundamentally, it introduces a new “Mixed Business” zone to accommodate the emergence of higher intensity commercial showroom developments seeking to locate on the major access roads, such as Scarborough Beach Road. This will effectively result in the setting aside of approximately 30% of the industrial zoned land in the City for this end purpose.

2. The proposals then further differentiate between the more commercial 'people' focused

uses permissible in the Mixed Business zone in contrast to a greater emphasis on more traditional industrial uses in the remaining areas.

3. The “Special Garden Industrial” zone applicable to Balcatta is deleted and replaced with

the “General Industrial” zone, with the established site design criteria for both then specified separate to the zoning. This in effect establishes a single industrial zone for the whole of the City. The Design Schedules for the Osborne Park and Balcatta industrial zones have been retained, with titles and headings amended accordingly.

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4. The Amendment, by necessity, is required to address a large number of associated scheme provisions. In particular, 'Table 1 : Zoning Table' required a review of all the industrial Use Classes listed (refer table at conclusion of report) and involved the introduction of a new “D” symbol being inserted into the land use / zoning controls. This provides Council with an additional ‘Discretionary’ approval option, separate to the existing 'AA' discretionary symbol but not requiring public advertising. The intent of this is to reflect the range of circumstances where the appropriateness of a use may vary in different circumstances, but with limited public impact. The introduction of this symbol allows for more responsive decision-making within a more streamlined approval process. This is consistent with the Model Scheme Text and is incorporated in the draft new District Planning Scheme No 3 (currently with the WAPC for approval to advertise).

5. Various Use Classes listed in the “General Industrial” zone that were considered

inappropriate have been removed in order to retain the focus on more traditional industry in these areas, consistent with Council's direction. The alterations also reduce the potential land use conflicts which arise in circumstances where potentially noisy, dirty and / or odorous industry abuts more customer-focused land uses. This also ensures that the remaining, smaller proportion of industrial zoned land is fully utilised for this end purpose.

6. The industrial Use Class definitions also needed to be reviewed. This involved revising the

definitions for showrooms and take-away / fast food and inserting new definitions for a “lunch bar” and “hardware showroom”. The changes were undertaken with due regard to the definitions contained in the WAPC - Model Scheme Text, to be incorporated into the City’s pending DPS 3.

7. Table 4 : Industrial Developments has also been totally restructured and revised to

correctly state the Use Classes listed in the industrial zone and the parking requirements applicable. The new land use “hardware showroom” has been included and other associated land uses cross-referenced with the development requirements of Table 3 - Commercial Development (eg. Fast Food Outlet).

8. A new provision for two Industrial Precincts (Herdsman Business Park and Stephenson

Ave) has been included and the requirement for Planning Policies to be prepared accordingly (refer Cl. 4.2.6). These are under development and it is hoped that they will be complete prior to receipt of WAPC approval to advertise, allowing this to occur concurrently (though this is not considered critical).

9. The need to deal with the issues of traffic management on the major access roads, in

particular Scarborough Beach Road, has been addressed by the insertion of a new Clause requiring the Metropolitan Region Scheme road widening to be given up “free of cost” on development or subdivision of land (refer Cl. 4.2.5.2 & 4.2.5.3) and a Development Design, Access and Land Use Plan to be prepared and complied with. This road widening requirement is likely to be somewhat contentious, however is considered justified given the direct relationship between the need for better traffic management (including limited access, median island separation and the provision of right hand turn pockets). The matter of the Design and Construction Project for Scarborough Beach Road is an (on-going) issue in its own right and will be the subject of further reporting to Council as and when the project is progressed.

10. A number of minor corrections have been made with respect to wording and listing of

headings, the bulk of which are contained in Part 4 - Industrial Provisions. 11. The existing Special Use Zones established to accommodate showroom developments in

the industrial areas will be superseded by the more comprehensive “Mixed Business” zone. The Schedule 2A : Special Use Zones listing has been amended accordingly.

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12. The proposed rezoning on the Scheme Map in the amendment document shows the extent of the zoning change to “Mixed Business” in the industrial zoned areas.

Adoption of the Amendment for the purpose of public advertising is recommended. The following table illustrates the changes to permissibility of use class proposed under the Amendment:

TABLE 1 : ZONING TABLE - ILLUSTRATING CURRENT PERMISSIBILITY AND THOSE PROPOSED UNDER THE TWO NEW ZONES PROPOSED IN AMENDMENT 492

Use Classes

General Industry (Current)

General Industry

(Proposed)

Mixed Business

Amusement Area IP IP IP

Automotive - Accessory Sales P D P

Automotive - Panel-beating AA D D

Automotive - Repairs P D D

Automotive - Spray-painting AA D D

Automotive - Wrecking AA AA

Automotive / Marine sales AA D

Automatic Car Wash AA D

Betting Agency AA D

Boarding House

Builders Storage Yard P P

Caravan Park

Caretaker’s Dwelling IP IP IP

Car Parking Station P P P

Child Day Care Centre AA AA IP

Cinema / Theatre AA

Civic Use AA D D

Club Premises AA D

Consulting Rooms AA

Consulting Rooms: Group Practice

AA D

Corner Store / Service Shop

Display Home Centre

Drive-in Cinema

Dwelling (all types)

Educational Establishment AA AA

Fuel Depot AA AA

Funeral Parlour AA D

Garden Centre AA D P

Holiday Unit

Home Business

Home Occupation

Home Office

Horse Stables

Hospital

Hospital - Special Purposes

Hotel / Motel

Hotel / Motel : Private

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Indoor Sports Centre AA D

Industry - General P P D

Industry - Noxious AA AA

Industry - Service P P P

Institutional Building

Institutional Home

Local Convenience Store

Marine Collector’s Yard P P

Market Garden Sales

Medical Centre AA D

Nursing Home

Office P D D

Personal Services

Prison

Public Amusement AA AA

Public Assembly

Public Worship AA AA AA

Radio Equipment P P IP

Radio - T.V. Installation

Reception Centre AA AA

Reformatory

Restaurant AA D

Restricted Premises

Rural Use

Service Station D

Shop

Showroom IP IP D

Spray Painting (non automotive) P P D

Tavern AA D

Trade Display P P P

Transport Depot P P

Veterinary Consulting Rooms AA D D

Veterinary Hospital AA AA

Video Hire Outlet

Warehouse P P P

Summary key: P = Permitted, IP = Incidental to the predominant use, AA = Discretionary, requiring public advertising, D = Discretionary, Blank = Not permitted.

Consultation/Communication Implications

The advertising of the Amendment for public comment must accord with the Town Planning Regulations but warrants special consideration. The linear form of the proposed “Mixed Business” zoning on major access roads, in effect, includes the bulk of the industrial areas within the advertising catchment area. Given the extensive multiple land ownership situation, the high level of strata tiles and absentee owners involved, the high number of tenants involved as well as the likely wider private sector interest, an Communications Strategy needs to be prepared for this end purpose. This is proposed to include:

o Advertising through local news papers; o Direct written notification to owners and tenants; o Publication of an information brochure; o Consultation with relevant community groups;

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o Publication on the internet; and o Possibly, a static display for location in the City's offices and local libraries.

The Industrial Areas Management Strategy, which provides the future management and development directions for the City’s industrial areas, required the preparation of a Scheme Amendment to provide the statutory controls for implementation. As both the Industrial Strategy and Amendment require advertising for public comment, in order to avoid confusion and duplication in this area, and to ensure the adequacy of detail to enable meaningful public input, it is considered appropriate that the two be advertised, conjointly. The advertising of the Industrial Strategy has been held in abeyance for this reason. Given the above circumstances and the potential for advertising to include the Christmas period, it is considered appropriate to extend the advertising period to 3 months (as opposed to the 42 days statutorily required) to more effectively deal with the broader level of interest in the industrial areas and any likely delayed response due to the complexity of the industrial matters under consideration. Although not necessarily required at this point in time in the amendment process, it would be appropriate to consult directly with the Western Australian Planning Commission to ensure they are fully aware of the content of the amendment and that there are no matters of concern that would further delay the finalisation of the Amendment (particularly given the slight variations proposed to the Model Scheme Text).

Policy and Legislative Implications

The Amendment is subject to the provisions of the Town Planning and Development Act 1928 and the Town Planning Regulations 1967 (as amended). Council Policy : Industrial Showrooms - Rezoning (N101601) will need to be deleted on finalisation of the Amendment. The Strategy will represent a key land use planning policy.

Financial Implications

Although there are no upfront financial implications for the City, in progressing and implementing the Amendment there will be significant administrative costs in dealing with a major public consultation exercise (Advertising Program) and staff involvement in preparing the necessary supporting documents, these being Precinct Policies and Traffic Management Design Plan for Scarborough Beach Road. The latter should for all intents and purposes be considered a Road Design (Traffic Management) Project in its own right.

Strategic Implications

The Industrial Strategy / Amendment entails significant change to the City’s industrial areas. It will reduce the industrial zoned land in the City by approximately 30% and replace this same area with a “Mixed Business” zone, which will ultimately result in a significant commercial / industrial mix on the major access roads passing through these areas. It clearly facilitates a major commercial increase in showroom / bulky goods trading while at the same time reducing the level of the traditional industrial uses in these areas. These changes impact both the City and the Metropolitan Region as traditional industrial uses are relocated out of the inner urban areas and the commercialisation of the industrial areas adds another level of development activity that may be considered to support or detract from the established retail centres, dependent on the view or circumstances involved.

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The City will need to ensure the future approval of Showroom developments is strictly limited to the sale of ‘bulky goods’ as opposed to retailing in ‘shopping centres’ as stated in the Amendment document. The Amendment and Strategy respond to Key Initiative 3.2.7 (redevelop and revitalise the City's industrial areas).

11.3/PS4 AMENDMENT 497 TO DPS 2 - LOT 11, HN 73 WANNEROO ROAD, TUART HILL - AUSTRALIA POST RESERVE TO 'BUSINESS'

Report Information

Location: Lot 11, HN 73 Wanneroo Road, Tuart Hill

Applicant: Allerding Burgess

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Osborne

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose. That District Planning Scheme No 2 be AMENDED by rezoning Lot 11, HN 73 from ‘Public Use Reserve: Australia Post’ to ‘Business’, and that the Amendment be processed in accordance with the Town Planning Regulations. The motion was put and declared CARRIED.

Committee Recommendation

That District Planning Scheme No 2 be AMENDED by rezoning Lot 11, HN 73 from ‘Public Use Reserve: Australia Post’ to ‘Business’, and that the Amendment be processed in accordance with the Town Planning Regulations.

Officer's Recommendation

That District Planning Scheme No 2 be AMENDED by rezoning Lot 11, HN 73 from ‘Public Use Reserve: Australia Post’ to ‘Business’, and that the Amendment be processed in accordance with the Town Planning Regulations.

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Report Purpose

To consider an application to rezone Lot 11 HN 73 from 'Public Use Reserve: Australia Post’ to ‘Business’.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Rezoning Application, DA Application File, Plan Tax sheet: 23.60

Summary of Proposal Current Zoning: MRS - Urban

DPS2 - Public Use Reserve: Australia Post Proposed Zoning: DPS2 - Business Size of Site: 991m2 Concept Plan: No concept development plan has been submitted for this proposal,

as the proposed rezoning relates to development approval DA05/0022 (copy of plan attached).

Background

A development application was made on the 12 January 2005 for a change of use of the subject lot to ‘Office’ from ‘Community Resource Centre’ (Office / Public Worship). Prior to this application, the subject lot had been used as a real estate office and community facility, the previous use for Australian postal service having ceased to be required. The application for the change of use to office was referred to Council for determination with a recommendation that the change of use be approved (under Clause 1.2.5 of the Scheme) subject to relevant conditions, and that upon receipt of the submission of Amendment documentation to the satisfaction of the Manager Planning Services, the Amendment be processed in accordance with the Town Planning Regulations. This application was approved on the 18 March 2005.

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Location Plan

Aerial Photograph

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Comment

The applicant has submitted satisfactory Amendment documentation. Additionally, as required by the development approval dated 18 March 2005, the applicant has agreed in writing to the transfer (free of cost) of the land area parallel to Acorn Lane to the rear of the existing parking bays and kerbing nibs for the purpose of road widening. APPLICANT'S JUSTIFICATION Notwithstanding Council's previous resolution and the existence of the change in use approval, the applicant has provided the following additional justification for the rezoning proposal:

It is apparent that the current ‘Public Use’ zoning over the land is no longer appropriate; When the current zoning on adjoining allotments are considered relative to the location of

the subject site, the rezoning is consistent and compatible with existing land uses and the strategic intentions of the area of land between Cape and Lawley Streets;

Contrary to the purpose of a municipal town planning scheme, the retention of the current 'Public Use’ designation is not considered to reflect the long term intentions of the subject land;

The proposed zoning would more accurately reflect the location of the subject site within the commercial precinct along Wanneroo Road and, thus, remove the present zoning anomaly existing in the area;

The rezoning would better reflect the change of use (to office) recently approved by Council

PLANNING COMMENT The site forms a component of the Tuart Hill Neighbourhood Centre which has, according to the City's draft Local Commercial Strategy, a modelled potential to expand to 2973m2 of retail floorspace. The current reservation of the site is clearly no longer applicable and therefore rezoning to reflect the role of the site as a component of the Centre, and to reflect the range of business uses appropriate to this is recommended. The site's approved use for office purposes accords with this intent, with the potential for additional retail floorspace in the Centre indicating that the greater flexibility of land use permitted under a 'Business' zoning would not be in conflict with commercial centre planning principals. Contributing to an established commercial centre and already functioning as such, the proposal is not inconsistent with the City's 'Commercial Rezonings Along Regional Roads' Policy N101502 which emphasises integration with existing commercial centres, minimisation of traffic and residential amenity impact etc.

Consultation/Communication Implications

Consultation on Amendment required in accordance with Town Planning Regulations, if endorsed.

Policy and Legislative Implications

Amendment subject to the provisions of the Town Planning & Development Act 1928 and the Town Planning Regulations 1967 (as amended). The proposal is not inconsistent with the City's draft Local Commercial Strategy and 'Commercial Rezonings along Regional Roads' policy.

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11.3/PS7 HERITAGE PROTECTION AREA GUIDELINES REVIEW - CONFIRMATION OF BRIEF FOR SECOND STAGE

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Director Planning and Development

Business Unit: Policy and Strategic Development

Ward: Lawley and Inglewood

Council Resolution

Moved Councillor Clarey, seconded Councillor Rose.

That the second stage of the Heritage Protection Area Guidelines review PROCEED in accordance with the issues previously identified plus those additionally identified in this report, and in keeping with the direction on these points previously given by Council. The motion was put and declared CARRIED.

Committee Recommendation

That the second stage of the Heritage Protection Area Guidelines review PROCEED in accordance with the issues previously identified plus those additionally identified in this report, and in keeping with the direction on these points previously given by Council.

Officer's Recommendation

That the second stage of the Heritage Protection Area Guidelines review PROCEED in accordance with the issues previously identified plus those additionally identified in this report, and in keeping with the direction on these points previously given by Council.

Report Purpose

To confirm the direction of the second stage of the Heritage Protection Area Guidelines review.

Relevant Documents

Attachments: Nil Available for viewing at the meeting: Nil Tax sheet: Nil.

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Background

On 12 November 2002, Council considered a report on heritage management and, in particular, the Heritage Protection Areas (HPA) of Menora, Mt Lawley and Inglewood, and resolved to proceed with a review of the Area Guidelines (Item 11.1/PL39). A number of workshops (one involving community representatives and two involving Councillors) occurred as a part of this process to determine the scope and direction of the review with Council endorsing the following (summarized) principles:

Character protection is considered to be of greater value than clear delination between 'authentic' heritage (incorporating, as this does, the permissibility of contemporary development) and, as such, should be the principal objective of the Guidelines;

There should be a more flexible approach to the demolition of less significant buildings where replacement buildings meet the Guidelines. However, demolition of 'character' buildings is still discouraged and should be subject to assessment (not be 'as of right'), even where the proposed replacement dwelling is of an acceptable design;

Additions to older buildings should be seamless, as opposed to extensions which clearly reveal the different periods of constructions;

The use of colours, materials and finishes should be more greatly controlled by the Guidelines;

Development which has a strong vertical emphasis (i.e. 'straight up' double storey), where it presents to the street, is considered to negatively impact on the traditional character of the HPA streetscapes and should therefore not be supported. Similarly, excessively bulky development is generally not appropriate (though it was also recognized that greater direction on what is acceptable is necessary to successfully addressing this vexed issue);

Wherever possible and practical, car parking structures should be located away from the front setback. However, carports are preferable to garages, where these structures are visible to the street and greater flexibility should be accorded to them;

Front fencing is considered necessary to most dwellings and as such, open style fencing is considered an acceptable necessity to modern living;

'Balance' is a desirable feature of the design of new dwellings as they present to the street. (Refer items 11.1/PL11 13 May 2003 & 11.1/PL7 11 November 2003).

Based on this direction, revised Guidelines were drafted but were subsequently discarded in favour of a revised policy which reduced the subjectivity of interpretation and established a 'deemed to comply' standard and 'performance criteria' consistent with the structure of the Residential Design Codes (R-Codes) (refer Item11.1/PL24 18 May 2004). These were advertised for public comment, the outcomes of which were considered by Council at its meeting on 19 April 2005, where it was resolved: "1. That the City not proceed with the draft Character Protection Area Policy, as advertised. 2. That, as an interim measure, the current Heritage Protection Guidelines be amended to:

Exclude capacity for 'contemporary' design where this is visible form the street but instead encourage additions which are 'seamless', and new development reflecting the character of traditional dwellings, on the existing streetscape;

Allow open style carports within the front setbacks of dwelling 'as of right' where they allow for unobstructed views of the dwelling are of an appropriate design, complementary to the dwelling and the character of the streetscape, and are not considered to have excessive detrimental impact on the character and amenity of the streetscape;

Provide more specific direction on the setback of upper storey additions.

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3. That the Chief Executive Office be delegated authority to approve applications involving an

open style carport within the front setback of a property where it allows for unobstructed views of the dwelling, is of an appropriate design, complementary to the dwelling and character of the streetscape, and is not considered to have an excessive detrimental impact on the character and amenity of the streetscape.

4. That a further review of the Heritage Protection Guidelines be undertaken to better respond

to the direction given by Council and points raised in the outcomes of advertising of the draft Character Protection Area Policy.

5. That those persons who submitted comments on the advertising of the draft policy be

thanked for their comment and advised of the intended course of action." (Item 11.3 / PS16) The purpose of this report is to confirm the direction of this further stage of review.

Comment

Key issues which the review has sought to address remain current. It is, however, considered appropriate to:

Confirm these issues;

Confirm Council's stance on these;

Supplement these slightly; and

Further refine the approach to be taken.

In addition, it was considered appropriate to provide a further opportunity for input from the Heritage Advisory Committee with regards to the scope and approach to the review and, to this end, the matter was listed for discussion at its meeting of 28 September 2005. KEY ISSUES Key issues to be addressed in the review are suggested as follows. Also detailed is the previous Council direction: Reduce subjectivity of interpretation through the use of greater detail, more definitive direction where possible, and avoidance of ambiguous language, where possible. This is considered important both to allow public understanding of the document and its intentions, and to allow consistent decision-making. It would also contribute to a more streamlined approvals process, which would involve both greater administrative efficiency and improved customer satisfaction. Nevertheless, this objective must be balanced against the need for flexibility and standards which cater for a range of design outcomes. It is considered that a better balance than is currently provided for is achievable. It should be noted that a key concern with the revised Policy that was advertised for public comment, was that the attempt to provide more definitive standards potentially compromised the ability to negotiate outcomes appropriate to different locations and circumstances. Council Direction Council supported this objective.

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Relationship to other statutory documents (eg. R-Codes): As with the above issue, it is considered important to clarify the relationship of the Guidelines to other statutory planning documents (principally the R-Codes) in order to ensure that owners, the general community and staff can clearly identify the standards and considerations applicable in assessment and, where there is a conflict between provisions, which takes precedence. Due to the interconnectedness of standards, this can be complex however a clearer relationship can certainly be developed. Council Direction Council supported this objective. Demolition control: The extent to which demolition is controlled in HPAs is one of the most vexed questions to be considered. Currently, a development application is required for demolitions in these areas, and the Scheme stipulates that this cannot be approved in the absence of an approval for a replacement dwelling. There is an implication that provided that the replacement dwelling is of a satisfactory design, demolition will be approved automatically. However, the Guidelines promote the retention of buildings and specify an assessment process which implies that the necessity to demolish is a consideration. Clarification of this aspect of the Guidelines is fundamental and potentially requires amendment to the Scheme. This issue has consistently be highlighted as a key concern by community groups and the Heritage Advisory Committee. Council Direction Council's direction on this matter obtained during previous workshops was not altogether clear: it stipulates that demolition should not be 'as of right' (particularly for intact, older buildings and those in relatively intact streetscaopes) but also states that 'demolition is acceptable in principal if the replacement dwelling echoes the character of the existing building stock'. Clarification of this point is necessary, with the former position preferred. Heritage versus character: Following on from the above point, the extent to which the Guidelines should seek to retain the intrinsic fabric of the areas versus simply to protect the general superficial appearance is critical to the review. The importance of retention of genuine features and ensuring that changes are sympathetic to these is fundamental to heritage protection. By contrast, character protection would be less concerned with protection of genuine features and attributes, and more concerned with a consistency of appearance. The City's consultants and staff have recommended in favour of the former approach however Council's preference was for the latter. Council Direction Council indicated a preference for the focus of the Guidelines to be on the preservation of the general character of areas, rather than their genuine features. Contemporary design: Again, following on from the above point, contemporary heritage management practice suggests that in order for heritage places to be appropriately recognised, understood and valued, they should be discernable from subsequent development. As such, contemporary additions and developments, provided they are of an appropriate form, scale and suitably respectful of their context, are supported and, indeed, preferred to 'replica' or mock-heritage development. However, it is acknowledged that poorly executed contemporary design is of concern, particularly to the community, and difficult to regulate. Council's direction in the previous review was very clearly to remove the opportunity for contemporary design in HPAs, and this was reflected in the interim changes made earlier this year. This view was in contrast to the view expressed at the Community Workshop.

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Council Direction Remove the opportunity for contemporary design in HPAs, particularly where visible from the street. Modifications to effect this change have been made. Details and finishes: In keeping with the desire for a greater focus on character and replica design, greater provision to control details and finishes was advocated by Council. Council Direction Provide greater control of and direction on details and finishes with a view to ensuring these harmonise with and reflect traditional character. Bulk and scale: The issue of bulk and scale of new developments and additions has been one of the most problematic. It essentially represents a conflict between the traditional character of much of the areas and the rising affluence of the area and resident's desire to expand their properties to reflect their lifestyle needs and aspirations. As a result, traditional single storey dwellings are often put at odds with substantial new or 'improved' two storey dwellings, particularly those not incorporating any setback of the second storey. One of the key difficulties with this issue, in addition to the conflict it often creates with applicants, is the subjectivity of interpretation and the need for more definitive standard. Council Direction Council agreed that greater control of and direction on bulk and scale should be included in the review. Front setbacks: The setbacks provided in the HPAs were traditionally far greater than those required in the current R-Codes. Reductions often affect the streetscape and area character but conversely, retention of the traditional setbacks reduces site use flexibility and potentially even development potential. A compromise setback as proposed in the draft review, increasing the R-Code setback but without seeking to apply the more conservative setbacks of the older areas. Council Direction Council supported this approach. Parking provision: Provision for contemporary parking needs/desires in dwellings built before the current high rate of car ownership is a common problem. The preferred approach is to locate any additional parking facilities required to the side or, ideally, behind the existing dwelling, in a discrete development. However, this is often not possible and requests for Council variation of the original Guideline standards in this regard were regular and usually supported. The Guidelines were consequently modified to provide greater flexibility in the location of open style carports in front setback areas, whilst continuing to restrict the location and scale of garages. Council Direction Council indicated a continued preference for the location of additional parking facilities to the side or rear of dwellings, but accepted that some greater flexibility with regards to suitably designed, open style structures was appropriate. Modifications to effect this change have been made. In the absence of any alternative direction, it is presumed that Council's view on the continued relevance of these issues remains, as does its position on the most appropriate response. As such, unless otherwise directed, it is proposed that the further review occur based on this direction.

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ADDITIONAL ISSUES In addition to these originally identified issues, the following are also recommended for inclusion in the scope of the second phase of the review: Increased provision for commercial/mixed-use development, particularly catering for development along Beaufort Street. Currently, the Guidelines contain one page of generic direction for commercial development. These are supplemented by Centre specific guidelines for the Mount Lawley and Inglewood Town Centres. The level of detail provided between the three documents is variable with the Inglewood Guidelines providing far more direction than the others. The intensity of development being sought along Beaufort Street, in particular, warrants the development of a more consistent and more detailed set of standards and there is a strong need to address the mixed-use development increasingly being applied for. Development not visible from the street should be also be addressed within the Guidelines to allow some design flexibility for dwellings and additions located to the rear of existing development. Importantly, these provisions would still ensure that such development is sensitive to the design of the original development, but may be less rigid than those applicable to development fronting the street. Notwithstanding that such development will not be visible from the street, consideration should be given to the visual impact of new development within a HPA on neighbouring heritage properties. HERITAGE ADVISORY GROUP COMMENTS The views of the Heritage Advisory Group on the proposed approach to the review were briefly sought at its September meeting. The Group did not indicate any fundamental change in position, and continued to support greater demolition control in the Areas. More detailed input is proposed to be sought in the review process. METHODOLOGY Having confirmed Council's support for the scope and direction of the review, it is anticipated that the development of a modified policy will take approximately 3 months. Comments from the Heritage Advisory Committee would be sought on the draft, and the proposal will then be submitted to Council for approval to advertise. Advertising would occur in accordance with Council's procedure following which, it is hoped, a final document can be endorsed.

Consultation/Communication Implications

Consultation with the Heritage Advisory Committee has been on-going. Public advertising of the amended draft Policy, when developed, would occur as a matter of course (following Council endorsement).

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HOUSE COMMITTEE

11.3/HS1 ENDORSEMENT OF HOUSE COMMITTEE RECOMMENDATIONS - 4 OCTOBER 2005

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Manager Council Support

Business Unit: Council Support

Ward: Not Applicable

Council Resolution

Moved Councillor Ham, seconded Councillor Daniel. That the following recommendations arising from the House Committee’s meeting held on 4 October 2005 be ENDORSED:

That Council ENDORSE the procedures and guidelines for future individual, community group and school tours of the Civic Complex with such tours being Co-ordinated by the Marketing Business Unit.

That the item relating to guidelines and procedures for the external usage of rooms within the Civic Complex be HELD OVER to the November House Committee meeting for further consideration.

That the item regarding the purchase of rebranded and restyled City of Stirling ties and scarves be HELD OVER pending a review of the required attire by sub-committee comprising Councillors Copley, McFarlane, Rose and Tyzack.

That the progress report be NOTED and that a further report and demonstration of the Ezi-Comm’s electronic voting system be PROVIDED at the November House Committee meeting.

That the progress report be NOTED, that work CONTINUE on the prototype ‘desk tidy’ to contain cables for power, data and microphones and to add convenience for operation of accoutrements used by Councillors at Committee and Council meetings and that officers CONTINUE TO PURSUE the installation of wireless microphones as a matter of urgency.

The motion was put and declared CARRIED.

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Officer's Recommendation

That the following recommendations arising from the House Committee’s meeting held on 4 October 2005 be ENDORSED:

That Council ENDORSE the procedures and guidelines for future individual, community group and school tours of the Civic Complex with such tours being Co-ordinated by the Marketing Business Unit.

That the item relating to guidelines and procedures for the external usage of rooms within the Civic Complex be HELD OVER to the November House Committee meeting for further consideration.

That the item regarding the purchase of rebranded and restyled City of Stirling ties and scarves be HELD OVER pending a review of the required attire by sub-committee comprising Councillors Copley, McFarlane, Rose and Tyzack.

That the progress report be NOTED and that a further report and demonstration of the Ezi-Comm’s electronic voting system be PROVIDED at the November House Committee meeting.

That the progress report be NOTED, that work CONTINUE on the prototype ‘desk tidy’ to contain cables for power, data and microphones and to add convenience for operation of accoutrements used by Councillors at Committee and Council meetings and that officers CONTINUE TO PURSUE the installation of wireless microphones as a matter of urgency.

Report Purpose

To endorse recommendations from the House Committee of 4 October 2005.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Nil. Tax sheet: Nil. Manager

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12. ADMINISTRATION REPORTS

12.1 ANNUAL ELECTORS' GENERAL MEETING 2004/2005

Report Information

Location: Not Applicable

Applicant: Not Applicable

Reporting Officer: Chief Executive Officer

Business Unit: Council Support

Ward: Not Applicable

Council Resolution

Moved Councillor Clarey, seconded Councillor McFarlane.

1. That the minutes of the Annual Electors' General Meeting held on 17 October 2005 be RECEIVED and resolutions be REFERRED to the Resource Management Committee meeting for consideration.

2. That the Chief Executive Officer be AUTHORISED to respond to the matters listed in the report of the Chief Executive Officer and that a progress report be PRESENTED to the Resource Management Committee meeting to be held on 6 December 2005 for information.

3. That the Council ACCEPT the 2004/2005 Annual Report as presented at the 2004/2005 Annual Electors' General Meeting.

The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE.

Officer's Recommendation

1. That the minutes of the Annual Electors' General Meeting held on 17 October 2005 be RECEIVED and resolutions be REFERRED to the Resource Management Committee meeting for consideration.

2. That the Chief Executive Officer be AUTHORISED to respond to the matters listed in the report of the Chief Executive Officer and that a progress report be PRESENTED to the Resource Management Committee meeting to be held on 6 December 2005 for information.

3. That the Council ACCEPT the 2004/2005 Annual Report as presented at the 2004/2005 Annual Electors' General Meeting

Report Purpose

For Council to consider the outcomes of the Annual Electors General Meeting held on Monday 17 October 2005.

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Relevant Documents

Attachments: Minutes of the Annual Electors' Meeting of 17 October 2005. Available for viewing at the meeting: Nil. Tax sheet: Nil.

Background

The minutes of the Annual Electors' General Meeting are required to be considered at the next Ordinary Meeting of Council in accordance with Section 5.33(1)(a) of the Local Government Act 1995. The Annual Electors' General Meeting was held on Monday 17 October 2005 from 7.30pm in the City of Stirling Reception Hall. There were approximately 22 people in attendance at the meeting together with Councillors and senior staff. The meeting commenced with the receiving of the Annual Financial Statements and the Annual Report followed by General Business. The major topics raised for discussion during General Business included:

Clarko Reserve Car Park Design.

Budget for design, construction and fit out of new Administration and Civic Complex.

City of Stirling Community Needs Study.

Compulsory Land Acquisition.

Town Planning Scheme Amendment 457

Town Planning Scheme Amendment 458

Department for Planning and Infrastructure Survey - "Perth Coastal Planning Strategy".

City of Stirling Aquatic Facilities.

Provision of Audio Recordings of Council and Committee meetings and possible webcasting.

Possible splitting of Stirling into several municipalities.

Owners Monetary Contribution to Town Planning Schemes.

Wetland Relocation.

City Fuel Costs.

Scarborough High School Site.

Comment

Under the Local Government Act 1995, Council is required to consider any decisions that result from the meeting. There were four motions moved by the public in attendance which are listed as follows:- Motion 1 Moved Keith Merritt, seconded Councillor Rose That the 2004 Annual Report and 2004/2005 Financial Statements be RECEIVED. The motion was put and declared CARRIED.

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Motion 2 Moved Stephanie Proud, seconded Felicity Farrely That the appropriate funding be allocated in the 2006/2007 budget for a user friendly aquatic facility in the Coastal Ward equal to, or better than, the Balga Aquatic Centre currently being undertaken by the City of Stirling. The motion was put and declared CARRIED. Motion 3 Moved Mark Beaver, seconded Albert Casareto That Mr Keall’s comments in relation to Amendment 457 and 458 be RECORDED in the Council Minutes. The motion was put and declared CARRIED. Motion 4 Moved Mark Beaver, seconded Robert Mitchell That the City CONDUCTS public consultation with its ratepayers in relation to splitting the City of Stirling into two or three municipalities. The motion was put and declared CARRIED. It is the normal course to refer these items to the relevant Standing Committee of Council. In addition to the resolutions that were passed at the meeting, members of the public raised a number of general issues and statements. The basis of these were included in the background to this report. It is considered appropriate that a response to these be investigated by the Chief Executive Officer. It is proposed that a progress report relative to these matters be presented at the December Resource Management Committee.

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ATTACHMENT TO ITEM 12.1 - ANNUAL ELECTORS GENERAL MEETING 2005/2006

MINUTES OF THE ANNUAL ELECTORS MEETING HELD 7.30PM, MONDAY 17 OCTOBER 2005

IN THE CITY OF STIRLING RECEPTION HALL, 25 CEDRIC STREET, STIRLING

1. PRESENT Mayor Councillor TJ Tyzack Councillors Councillor T W Clarey Councillor J Copley JP Councillor B R Ham Councillor J S McFarlane Councillor D R Michael Councillor E Re Councillor P L Rose JP Councillor R Sebrechts Councillor W M Stewart Councillor Thomas Staff Chief Executive Officer - L Delahaunty Deputy Chief Executive Officer - R A Constantine Director Corporate Resource Management - E Herne Director Planning and Development - R Povey Director Community Development - T Holland Director Infrastructure Management - G Eves Marketing Manager - M Smith Communications Manager - P Beard Manager Finance - G Reddin Manager Council Support - D Simmons Executive Support Officer - P McQue Council Support Coordinator - E Thomas Guests Ms L Karamfiles - Auditor, Deloitte Touche Tohmatsu Mr P Smith - Auditor, Deloitte Touche Tohmatsu Public 22 2. APOLOGIES Councillor D Boothman Councillor R J Daniel Councillor R M Willox AM JP Mr Tony Vallelonga JP 3. DECLARATION OF OPENING OF MEETING The Mayor welcomed the public and attendees to the City of Stirling 2005 Annual Electors Meeting and declared the meeting open at 7.34pm.

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4. MAYOR'S INTRODUCTORY SPEECH The Mayor introduced the City's Councillors in attendance and acknowledged the City's Chief Executive Officer, Executive Management team and Auditors from Deloitte Touche Tohmatsu. The Mayor acknowledged the contribution and leadership of the City's previous Mayor, Mr Tony Vallelonga who served as Mayor from 1997 until May 2005 and thanked his fellow Councillors and City staff for the support and commitment he has received since being elected as Mayor in May 2005. The Mayor outlined the matters listed on the Agenda and invited the Chief Executive Officer to provide a briefing on the outcomes of the 2004 Annual Electors Meeting and outline the legislative requirements for the 2005 meeting. 5. CHIEF EXECUTIVE OFFICER'S BRIEFING The Chief Executive Officer provided a briefing on the outcomes of the 2004 Annual Electors Meeting and outlined the legislative requirements for the 2005 meeting as follows:- "In accordance with section 5.27 of the Local Government Act 1995, the general meeting of electors is to be held once every financial year to consider the contents of the annual report for the previous year, and consider other general business. The meeting is to be run in accordance with the Local Government Act 1995 as follows:- Section 5.30 Mayor to preside Section 5.31 Procedures for Electors meeting in accordance with regulations - Regulation 17 Voting Electors only (not compulsory) - simple majority decision required - open vote Regulation 18 Procedures to be determined by person presiding at the meeting. As required under section 5.29 of the Local Government Act 1995 (whereby 14 days notice is to be given by an advertisement), an advertisement was placed in the three local community newspapers on the 29th September 2005 advising of the City of Stirling annual electors meeting. In addition, this advertisement was placed on all notice boards of the City’s Administration Centre, recreation centres and libraries. AGM 2004 Last years electors meeting, held on 18 October 2004 in Inglewood was attended by approximately 30 members of the public, with 3 motions in total being passed. In relation to motions passed at last year's electors meeting, the Local Government Act 1995 provides that these motions are not binding on the Council, however must be considered by the Council. The Council considered the 3 motions of the electors meeting at its meeting held on the 14th December 2004 as follows:- Motion 1: “That the Annual Financial Statements and Annual Report for 2003/2004 be received.”

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Motion 2: "That the City of Stirling seek in the next public liability insurance review for cover to include the right to gather freely on grassed areas." The Council resolved in response: "(To) refer Motion #2 concerning the issue of including community groups using the City’s public areas within the City’s insurance arrangements to the City’s insurers at the time of the next insurance review." Motion 3: "1. That the City of Stirling in conjunction with the 2005 elections hold a referendum to gauge

community opinion on a wide range of community issues. 2. That a committee be established consisting of six Councillors and six members of the

public to discuss the particular issues to be put forward in the referendum." The Council resolved in response "In response to Motion #3, Council forms the view that committing the substantial funds required to undertake the proposed multiple referendums would not be of value to and in the best interest of the community and thus the proposal to conduct multiple referendums at the time of the City’s 2005 elections cannot be supported and advises that the City is currently undertaking a Community Needs Analysis." All movers and seconders of motions during the meeting were advised of the outcome in writing. In addition to the three formal motions, the meeting received several enquiries relating to various issues affecting the City. A large proportion of these enquiries were answered at the meeting however, the following were taken on notice and responded to in writing following the meeting, as follows:-

On the 19th October 2004, the City wrote to Ms Elizabeth Re and responded to her question relating to the City's commitment to compensation for Compulsory Land Acquisition in Scarborough Beach Road, Innaloo.

On the 19th October 2004, the City wrote to Ms Stephanie Proud relating to Reserve 47124 on the corner of Jackson Avenue and Wilding Street Karrinyup.

On the 21st October 2004, the City wrote to Mr John Pringle relating to shopping centre heirachy.

On the 26th October 2004, the City wrote to Mr David Brown relating to maintenance issues in the vicinity of Dog Swamp, Yokine.

On the 22 November 2004, the City wrote to Mr M Corbett relating to drainage works in Sexton Road, Inglewood.

On the 23 November 2004, the City wrote to Mr J Williams relating to an advertisement about Town Planning Scheme 38.

On the 3rd February 2005, the City wrote to Mr Mark Beaver relating to his motion moved in regard to public liability insurance."

6. VIDEO PRESENTATION The Mayor introduced a video presentation to the meeting outlining the City's achievements and projects for the 2004/2005 financial year.

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7. RECEIPT OF THE ANNUAL REPORT AND FINANCIAL STATEMENTS Moved Keith Merritt, seconded Councillor Rose That the 2004 Annual Report and 2004/2005 Financial Statements be RECEIVED. The motion was put and declared CARRIED. 8. MATTERS ARISING FROM THE ANNUAL REPORT AND FINANCIAL STATEMENTS The Chief Executive Officer advised that as of close of business on 17 October 2005, no written questions had been received in relation to the Annual Report and Financial Statements. The Mayor called for any questions relating to the Annual Report and Financial Statements. No questions were received. 9. GENERAL BUSINESS 9.1 Stephan Hellmeth, 349 West Coast Drive, Trigg. a) Car Park Design - Clarko Reserve Mr Hellmeth's queried the committee recommendation on page 40 of the Ordinary Council Meeting on the 27 September 2005 relating to the car park design on the east side of Clarko Reserve. Mr Hellmeth stated that he was against the parking design to be on the present road and would prefer the parking to be located on the slip road. He noted that further community consultation would be undertaken on the design development and questioned to what extent this would occur. The Director Infrastructure Development advised that once Council has approved the project, the City would progress with a detailed design. Following design completion, the City will be in a better position to know the impact on a lot of the concerns that the people have raised and will be able to conduct further community consultation to try and resolve the problems identified. It is hoped that the design will be completed early in 2006. 9.2 Mark Beaver, 33 Charles Street, Karrinyup. a) Administration Complex and Civic Building Budget Mr Beaver queried what the original amount was that was budgeted for the Administration Complex and Civic Building. The Deputy Chief Executive Officer advised that there have been a number of budget estimates due to the building being proposed over a long period of time. He believed the formal budget was approximately just over $28 million but advised he would be happy to provide Mr Beaver with the exact figures.

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b) Community Needs Study Mr Beaver queried whether a question was included in the Community Needs Study in relation to the direct election of the Mayor. The Director Community Development advised that there was not a question included in the Community Needs Study in relation to this matter. 9.3 Elaine McNeil, 72 Eldorado Street, Tuart Hill. a) Compulsory Land Acquisition Ms McNeil requested that the City explain their commitment to compensation for compulsory land acquisition as listed on page 32 of the Financial Statements. The Manager Finance advised that the amounts listed on page 32 on the Financial Statement relate to funds that have been put aside to purchase parts or frontages of certain properties for street widening or road realignment to take place. The funds are provisional until agreement has been arranged with the owners. Ms McNeil queried how this was applicable to Grindleford Road, Balcatta as there are no frontages on this street. The Manager Finance advised that the figures had been provided by the departments concerned with the developments and applications and that he was unsure of the individual details. The Mayor advised that the City would take Ms McNeil's question on notice and provide an answer in writing. 9.4 Peter Fajdiga, 182 Flamborough Street, Doubleview. a) Amendment 458 Mr Fajdiga questioned whether the City has been given permission by the Western Australian Planning Committee to advertise Amendment 458. The Director Planning and Development advised that permission in relation to Amendment 458 has not been obtained as yet and the City has requested that they reconsider Amendment 458 prior to seeking approval to advertise given the outcome and modifications to Amendment 457 that have been required. 9.5 John Keall, 10 Gladman Way, Karrinyup. a) Amendment 457 Mr Keall queried why Town Planning Amendment 457 was not released for public comment prior to being sent to the Minister for Planning and Infrastructure given that there were significant changes to the original Amendment. The Director Planning and Development advised that Amendment 457 was advertised for public comment and those comments have been assessed by the City, by the Western Australian Planning Commission and also by the Minister for Planning and Infrastructure

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The Minister then wrote to the City in June 2005 and indicated that she would be prepared to consider modifications to Amendment 457 providing for development up to 8 storeys. The Amendment 457 is currently with the Minister and it is up to her as to whether or not she chooses to readvertise that Amendment. Mr Keall wished it recorded that he considered the City's response to his question inadequate and felt that the changes to Amendment 457 were of such significance that it should have been released to ratepayers for their comment. b) Department for Planning and Infrastucture Survey - Perth Coastal Planning Strategy Mr Keall asked that, in view of the results of the recent Department for Planning and Infrastructure's Survey "Perth Coastal Planning Strategy Community Survey Summary Report" in which 72% of Perth people were very and quite concerned about "there being areas of higher rise development", why has the City of Stirling not been listening and responding to its ratepayers concerning Town Planning Amendments 457 and 458 and setting the height limit for buildings on Scarborough Beach foreshore at 5 storeys in line with the Government's Coastal Development Policy? The Director Planning and Development advised that the City has been consulting closely with the State Government in relation to their policy which was announced at the last election and has also been working with the Minister in relation to this. The Minister has indicated that she is prepared to contemplate development up to 8 storeys and the City has considered that matter as being appropriate. The Mayor further advised Mr Keall that it was the Minister's own survey and Amendment 457 is currently with the Minister and it is her prerogative if she wishes to use the results of that survey as a part of her determination. 9.6 Stephanie Proud, 17 Little Street, Karrinyup. a) City of Stirling Aquatic Facilities Ms Proud asked the following questions:- “1. What is the breakdown of the total grant funding provided by alternative sources, (ie - other than the City of Stirling), for the Terry Tyzack and Balga Aquatic facilities?” The Director Community Development advised that he did not have this information on hand but will provide the details to Ms Proud in writing following the meeting. “2. Could you please inform the City of Stirling ratepayers the financial commitment to date of:-

The Terry Tyzack Aquatic Pool including the recent gymnasium upgrade; and

The Balga Aquatic facility?” This question was taken on notice with a response to be provided in writing following the meeting. “3. How much additional funding is required for the Balga pool project beyond the $10.0617

million (including GST) passed at the last Infrastructure and Community Development Committee meeting of 11 October 2005?”

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The Director Community Development advised that the amount of additional funding required for the Balga Pool project is unclear at this stage as the City has not gone out to tender. He further advised that the City has obtained $1.15 million in funding for the Balga Aquatic Centre from the State Government. “4. a) What is the approximate value of the State Government's contribution toward an

aquatic facility in the Coastal area?” The Chief Executive Officer advised that the State Government’s contribution consists of 8 lots in the subdivision and its value would depend on an estimate on market value as to what they could be sold for, but the City’s expects it would be in the vicinity of $3 million. The Director Community Development advised that his directorate have been advised that the value is in the vicinity of $2.8 million to $3.1 million, less costs such as selling and administration costs. The Chief Executive Officer further advised that it is the view of the Minister that the 8 blocks will provide the total capital cost of a pool. “b) Are all current Councillors aware that the Coastal community worked hard to secure

approximately $3 million of State Government funding for the proposed Coastal Ward Aquatic facility and paid the very high price of a senior high school, a gymnasium and an existing pool?”

This question was taken on notice with a response to be provided in writing following the meeting. “5. Given that the Stirling Council has invested considerably more than $16 million of

ratepayer funds into aquatic facilities on the east side of the City, does this mean that the City will make up the difference in any funding deficit for the pool facility on the west side of the freeway?”

This question was taken on notice with a response to be provided in writing following the meeting. “6. Are all current Councillors aware that the existing Balga pool was actually planned for the

Innaloo Sportsman's grounds some 40 years ago?” This question was taken on notice with a response to be provided in writing following the meeting. “7. What is the current progress on the coastal pool facility?” This question was taken on notice with a response to be provided in writing following the meeting. Following these questions, Ms Proud moved the following motion:- Moved Stephanie Proud, seconded Felicity Farrely That the appropriate funding be allocated in the 2006/2007 budget for a user friendly aquatic facility in the Coastal Ward equal to, or better than, the Balga Aquatic Centre currently being undertaken by the City of Stirling. The motion was put and declared CARRIED.

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Ms Proud also raised the following questions:- b) Provision of Council Meeting Audio Recordings “1. In the interests of openness, fairness, accountability and transparency, when will the City of

Stirling provide the audio recordings of meetings as a download from the City's website? This is done by some Councils in the eastern states and throughout the USA. At least one Council in Queensland broadcasts meetings live via a community radio station.”

This question was taken on notice with a response to be provided in writing following the meeting. “2. Will the City of Stirling create the next step in gaining community respect and trust by web

casting the full Council meetings and all statutory committee meetings?” This question was taken on notice with a response to be provided in writing following the meeting. 9.7 Mark Beaver, 33 Charles Street, Karrinyup. Mr Beaver moved the following motions:- Moved Mark Beaver, seconded Albert Casareto That Mr Keall’s comments in relation to Amendment 457 and 458 be RECORDED in the Council Minutes. The motion was put and declared CARRIED. Moved Mark Beaver, seconded Robert Mitchell That the City CONDUCTS public consultation with its ratepayers in relation to splitting the City of Stirling into two or three municipalities. The motion was put and declared CARRIED. 9.8 Albert Casareto, 95 Stanley Street, Scarborough a) Owner Monetary Contribution to Town Planning Scheme Mr Albert Casereto questioned why, it is only the owners involved in Town Planning Scheme No 38 that have to make a monetary contribution of $4,750? The Deputy Chief Executive Officer advised that with most Town Planning Schemes contributions were required from owners of land within the scheme as Town Planning Schemes seek to rezone land and provide infrastructure that otherwise probably wouldn't be provided at all. He further advised that there are also often contributions from the Local Authorities and from some other government authorities.

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b) Wetland Relocation Mr Casereto also raised the issue of wetland relocation in relation to Town Planning Scheme No 38, and queried whether wetland relocation was actually relocation or whether it was removal. The Deputy Chief Executive advised that there was an area of land in Town Planning Scheme No 38 that was identified as a wetland area. The Department of Environmental Protection and the State Planning Commission did require a relocation of this wetland, which has occurred and is being finalised. 9.9 Felicity Farrely, 32 Scarborough Beach Road, Scarborough a) Wetland Relocation In view of the Deputy Chief Executive Officer's comments in relation to wetland relocation, Ms Felicity Farrely questioned how a wetland can be relocated being that it is a natural habitat with an ecosystem. Ms Farrely did not feel that a natural habitat could be replaced and queried how the Council decides what to put in place of natural habitats such as these. The Deputy Chief Executive Officer advised that the area that Mr Casareto queried about previously and of which this question relates to is located on the corner of Cedric Street and the Freeway. For many years, this area was not a wetland at all but occasionally an area where there was water. Town Planning Scheme No 38 was a scheme that the City of Stirling took up at the instigation of the State Government to provide the Stirling Regional Centre which was to be 1 of 8 major regional centres in metropolitan Perth. The structure plan for Town Planning Scheme No 38 which anticipated that all of that land, west of the freeway, would be utilised for a variety of uses and, as the scheme progressed and there was interaction with the public, the State Authorities and the public felt that it was appropriate maintain a wetland in the vicinity. The Deputy Chief Executive Officer further advised that the wetland has been created with the input of the Department of Environmental Protection and the State Planning Authority together with the City's Environmental Department and it seems to be developing well. The guidelines for its development have been quite rigorously set out and it is hoped that, with care and attention, it could be developed as a wetland. It may not be a natural wetland as found elsewhere but it is an attempt to preserve a wetland in the vicinity. 9.10 Mark Beaver, 33 Charles Street, Karrinyup. a) City Transport Costs Mr Beaver queried how much of the transport costs in the budget was allocated for fuel. The Manager Finance advised that the transport costs in the budget represents the cost of providing roads, footpaths, drainage, etc. and did not relate to fuel or vehicle costs. The Manager Finance advised that in 2004/2005 the City spent approximately $800,000 - $900,000 on fuel for the City's fleet. Mr Beaver queried the break-up of this cost between petrol and diesel and asked whether the City has considered converting its fleet to LPG and using biodiesel as an alternative to diesel? This question was taken notice and a response will be provided in writing.

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9.11 Ms Stephanie Proud, 17 Little Street, Karrinyup a) Scarborough High School Site Ms Proud spoke in relation to the rezoning of the Scarborough High School site and advised that it is her recollection that it was not strictly a State Government decision, it was put to Council for the rezoning. The Council received 1,105 submissions against the rezoning and 6 in support. Ms Proud requested that it be recorded that it is her view that the Council did play a large role in the rezoning. The Mayor agreed that petitions were received and advised that it was an Metropolitan Region Scheme amendment and, as a result of the Government's decision to pursue the amendment, the City was legally required to amend its Scheme to reflect the rezoning. The Mayor further advised that there were a number of Councillors who were not in support of the change. 10. CLOSURE There being no further business, the Mayor declared the meeting closed at 8.55pm.

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12.2 PROPOSED LEASE OF 2ND FLOOR OF THE ADMINISTRATION BUILDING TO THYSSENKRUPP ENGINEERING AUSTRALIA PTY LTD

Report Information

Location: 2nd Floor of the City of Stirling Administration Building, 25 Cedric Street, Stirling

Applicant: ThyssenKrupp Engineering (Australia) Pty Ltd

Reporting Officer: Deputy Chief Executive Officer

Business Unit: Deputy Chief Executive Officer

Ward: Osborne

Council Resolution

Moved Councillor Clarey, seconded Councillor Willox.

1. That the Deputy Chief Executive Officer's progress report on the finalisation of lease documentation for the lease of the 2nd Floor of the City of Stirling administration building to ThyssenKrupp Engineering (Australia) Pty Ltd be RECEIVED.

2. That APPROVAL be given to sign a written undertaking agreeing to execute the final engrossed lease on the terms as currently drafted (save any minor drafting changes) to facilitate early possession of the 2nd Floor of the City of Stirling administration building by ThyssenKrupp Engineering (Australia) Pty Ltd to commence fit-outs.

3. That AUTHORITY be given to sign and affix the Common Seal to the Lease agreement with ThyssenKrupp Engineering (Australia) Pty Ltd in respect of the 2nd Floor of the City's administration building.

The motion was put and declared CARRIED.

Officer's Recommendation

1. That the Deputy Chief Executive Officer's progress report on the finalisation of lease documentation for the lease of the 2nd Floor of the City of Stirling administration building to ThyssenKrupp Engineering (Australia) Pty Ltd be RECEIVED.

2. That APPROVAL be given to sign a written undertaking agreeing to execute the final engrossed lease on the terms as currently drafted (save any minor drafting changes) to facilitate early possession of the 2nd Floor of the City of Stirling administration building by ThyssenKrupp Engineering (Australia) Pty Ltd to commence fit-outs.

3. That AUTHORITY be given to sign and affix the Common Seal to the Lease agreement with ThyssenKrupp Engineering (Australia) Pty Ltd in respect of the 2nd Floor of the City's administration building.

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Report Purpose

To report on the status of lease documentation in respect of the 2nd Floor of the City's Stirling administration building and seek authority to execute a lease agreement.

Relevant Documents

Attachments: (i) Schedule of Outgoings for Inclusion in Semi-Grossed Rent. (ii) Draft Lease document. Available for viewing at the meeting: Nil. Tax sheet: 20-63

Background

On 27 September 2005, Council received a report from the Deputy Chief Executive Officer on the progress of lease documentation in respect of the 2nd Floor of the City's administration building to ThyssenKrupp Engineering (Australia) Pty Ltd and gave authority to change the lease structure to a semi-gross lease where outgoings would be added to the base rent of $185 per sqm per annum with the exception of council rates, water rates, taxes, electricity consumption for the 2nd floor, security access cards and marking of tenants car bays which will be recovered separately. During Council's consideration of the matter, restriction to tenant's signage to only one corporate signage to be located on the City's existing signage pylon adjacent to the western entrance to the open-air car park was raised as an issue to be clarified and documented in the lease. The issue was discussed with ThyssenKrupp who has agreed with Council's requirement. The draft lease has accordingly been revised to reflect this position. Further negotiations with ThyssenKrupp in relation to the remaining matter of the calculation of outgoings for inclusion in the semi-grossed rent have now resulted in a rate of $52.32 per sqm per annum plus GST being reached. A Schedule of the items of outgoings comprising the semi-grossed rate is submitted as a Separate Attachment. The schedule is derived from an analysis of the actual costs and benchmarks advised by Council's leasing agent. Therefore the resultant proposed semi-grossed rent is now $237.32 per sqm pa (comprising of a Base Rent of $185 + grossed outgoings $52.32 per sqm pa) plus GST subject to CPI adjustments in accordance with previous agreement. All outgoings, with the exception of the base rent, will be payable by the Lessee from 15 December 2005. The base rent will be payable from 1 July 2007. In addition to the semi-grossed rent, the City has also negotiated a charge for after hours air conditioning usage in respect of the operation of the central chiller system at a rate of $15 per hour which is payable by the Lessee as a separate outgoings charge. Other items of outgoings recoverable from the Lessee based on actuals that are not included in the semi-grossed rent include:-

Council and water rates

Land Tax and Metropolitan Region Improvement Tax

Electricity for light, power, air conditioning and ventilation to the 2nd floor

Costs of issuing and programming security access cards and/or keys

Costs of marking the tenant's car bays

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For the purpose of defining the leased area in accordance with leasing requirements, the 2nd floor was formally surveyed. During this process, the Net Lettable Area has been calculated at 1,885.7 sqm, being 98.7sqm in excess of the original estimated area of 1,787 sqm. The discrepancy was largely due to the adopted measurement system for office leases which measures the spaces between windows and consequently ignored the area occupied by the substantial window sill around the floor in this case (which intrude >50cm inside of the window). This increased floor area resulted in an additional rental of $23,423 payable by the Lessee. In consultation with ThyssenKrupp, it was proposed that the parties could either proceed as per the original agreed area of 1,787 sqm or compromise on a 50:50 split basis and adopt the area of 1,836.35 sqm. The latter is considered to be a reasonable proposal and would result in a Base Rent of $339,724.75 pa plus grossed outgoings of $96,077.83 pa, totalling at a Semi-Grossed Rental of $435,802.58 per annum exclusive of GST. The lease conditions are expressed in the draft document attached which is undergoing a final check by solicitors before being engrossed in final form for signing by the parties. ThyssenKrupp is keen to obtain possession of the 2nd floor on 20 October 2005 to commence fit-out works originally anticipated on 1 September 2005. Providing ThyssenKrupp or its legal representative is prepared to give a written undertaking to execute the final engrossed lease document within 14 days together with a Bank Guarantee/Cheque equivalent to 6 months Gross Rental (excluding GST) of $243,019.38 to the City, there is no problem in handing over possession of the building on 20 October 2005 prior to execution of the engrossed lease. In addition, the following is advised: 1. Such minor matters as needed resolution in lease conditions have been resolved by the

parties; 2. The lease fee, including the semi-gross calculations for outgoings, remain unchanged; 3. The solicitors for both parties have reviewed the lease documentation and have indicated

satisfaction with the lease subject to its preparation in final form for singing by the parties; 4. ThyssenKrupp Engineering Australia Pty Ltd have provided a letter of undertaking

indicating its intention to sign the lease document; 5. ThyssenKrupp Engineering Australia Pty Ltd have provided a bank guarantee

representing 6 months rental (including semi-gross rental outgoings); and 6. ThyssenKrupp have indicated that if the Council approves completion of the lease on 25

October 2005, their fitout consultants will commence work on 26 October 2005.

Car Parking 7. The Council has approved an additional bank of car park bays on the southern side of the

administration building; 8. Tenders have been called for construction of the new bays. The tenders close on 10

November 2005; 9. It is intended to bring the results of tender before the Council on 22 November 2005; 10. Work can commence on the new car bays in December 2005. It is estimated that work

will be completed 8 weeks after commencement; 11. The ThyssenKrupp lease requires marking of 50 car parking bays, which could be

allocated in the new construction of car bays – see indicative allocation plan attached; and

12. ThyssenKrupp have been advised that in the event that car park bays are not marked and allocated at the time that ThyssenKrupp take occupancy of the second floor, that they will have access to the temporary car park on the western side of the existing paved car parking area.

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SEPARATE ATTACHMENT Schedule of Outgoings for Inclusion in Semi-Grossed Rent

Outgoing Recommended

Rate ($)

Water Consumption $0.50

ISR Building & Plant Insurance $5.00

Airconditioning Repairs & Maintenance $5.00

Common Area Cleaning $6.38

Tenancy Cleaning $11.00

Carpark Surveillance & Maintenance $0.81

Electricity - Common Area

$5.61

Fire Protections & Monitoring $1.92

Lifts $1.50

Repairs & Maintenance $2.50

Security / Access Control $1.90

Pest Control $0.20

Gardening / Landscaping $3.00

Administration / Management Fee $5.00

Main Reception Service $2.00

Total $52.32

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SEPARATE ATTACHMENT - DRAFT LEASE FOR LEVEL 3 CITY OF STIRLING ADMINISTRATION CENTRE

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THE FOLLOWING ITEM WAS SUBMITTED AS A LATE ITEM.

12.3 CHANGE OF USE - 'SHOP' TO 'TAKE-AWAY/FAST FOODS' LOT 432, HN 3/37 HONEYWELL BOULEVARD, MIRRABOOKA

Report Information

Location: Lot 432, HN 3/37 Honeywell Boulevard, Mirrabooka

Applicant: Commercial Kitchen Systems

Reporting Officer: Director Planning and Development

Business Unit: Planning and Development Administration

Ward: Balga

Council Resolution

Moved Councillor Copley, seconded Councillor Clarey.

That the application for Change of Use ‘Shop’ to ‘Take-Away/Fast Foods’ at Lot 432, HN 3/37 Honeywell Boulevard, Mirrabooka, be APPROVED and the objector be ADVISED of the decision. The motion was put and declared CARRIED.

Officer's Recommendation

That the application for Change of Use ‘Shop’ to ‘Take-Away/Fast Foods’ at Lot 432, HN 3/37 Honeywell Boulevard, Mirrabooka, be APPROVED and the objector be ADVISED of the decision.

Report Purpose

To consider an application for Change of Use ‘Shop’ to ‘Take Away/Fast Food’.

Relevant Documents

Attachments: Nil. Available for viewing at the meeting: Application. Tax sheet: Nil.

Background

The City received a development application on 16 September 2005 for a Change of Use from 'Shop' to 'Take-away/Fast Foods'. The proposal involves the establishment of a "Chooks" store within Shop 3 of the Mirrabooka Neighbourhood Shopping Centre.

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Comment

The site is currently zoned 'Business' where 'Take-away/Fast Foods' is classified as an "AA" use under the provisions of District Planning Scheme No. 2. As such, the proposal was required to be advertised for 21 days in accordance with the City's 'Public Advertising of Planning Proposals' procedure. At the conclusion of the advertising process, being Friday 21 October 2005, one (1) submission was received objecting to the proposal. The reason for the objection was on economic grounds. The City's Approvals Department when assessing applications of this nature are unable to consider economic viability or competition factors. It should also be noted that the subject tenancy (Shop 3), was previously used as a Deli and hence sold food products. It is therefore considered that the proposed development is similar in nature and will not detrimentally impact upon the shopping centre complex, indeed it is likely to compliment the land uses in the immediate locality. The application is therefore recommended for approval. It is usual practice that where an objection is received for a discretionary use ("AA") the application is referred to the next Planning and Development Committee meeting. However given the objection cannot be substantiated on planning grounds, it is recommended that approval of the application be expedited and considered by Council. Furthermore, the objector be advised in writing of the decision and reasons.

Consultation/Communication Implications

Consultation has occurred in accordance with District Planning Scheme requirements.

13. MOTIONS, OF WHICH NOTICE WAS GIVEN BEFORE THE MEETING

Nil.

14. MOTIONS, OF WHICH NOTICE WAS GIVEN DURING THE MEETING, TO BE CONSIDERED AT A LATER MEETING

Nil.

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CLOSURE

The Mayor declared the meeting closed at 9.29pm. These minutes were confirmed at a meeting on …………………………………… SIGNED this day of 2005 as a true record of proceedings. _________________________ MAYOR