~• CITY OF ~., CANNING

Draft Agenda Ordinary Council Meeting

9 June 2020

The information contained in this Agenda is made available free to any member of the public. Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995. NB: Plans are generally not permitted to be copied due to copyright restrictions.

DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1. DECLARATION OF OPENING ANNOUNCEMENT OF VISITORS AND DISCLAIMER ...... 2

2. ATTENDANCE ...... 2 2.1 Apologies ...... 2 2.2 Approved Leave of Absence ...... 2

3. DISCLOSURE OF INTERESTS ...... 2 3.1 Declarations of Interest (Financial) ...... 2 3.2 Declarations of Impartiality ...... 2

4. QUESTION TIME FOR PUBLIC ...... 2 4.1 Response to Previous Questions Taken on Notice ...... 2 4.2 Questions From the Public ...... 2

5. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY ...... 2

6. REPORTS OF COMMITTEE MEETINGS ...... 2

7. REPORTS ...... 2 7.1 Office of the CEO ...... 3 OC-005-20 National Redress Scheme - Participation of WA Local Governments ...... 3 7.2 Director Canning Community and Commercial ...... 12 CC-025-20 Business Canning Policies Review ...... 12 CC-026-20 Review of Delegations of Authority ...... 31 CC-027-20 Adoption of Amended Policy CM.109 Executing Documents ...... 46 CC-028-20 Whaleback Golf Course Masterplan ...... 57 CC-029-20 Monthly Financial Report May 2020 ...... 81 CC-030-20 Proposed Differential Rating 2020-2021 ...... 82 7.3 Director Canning Sustainable Development ...... 98 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool ...... 98 SD-012-20 Design and Construct Tender for Lake Street Urban Stream, Canning City Centre ...... 121 SD-013-20 Metronet Project, Ranford Road Train Station - Land Matters (first phase) ...... 130 7.4 Director Canning Environment ...... 139 EN-012-20 Long Term Cycling Network - Department of Transport ...... 139

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EN-013-20 Recycling Contract ...... 146 EN-014-20 Submission to Consultation Paper on Waste Reform ...... 150 EN-015-20 Queens Park Regional Open Space - State Football Centre ...... 162

8. NOTICE OF MOTIONS FOR CONSIDERATION AT THE NEXT ORDINARY COUNCIL MEETING ...... 171

9. URGENT BUSINESS...... 171

10. CONFIDENTIAL MATTERS...... 171 10.1 Director Canning Community and Commercial ...... 172 CC-031-20 7 (Lot 69) Magnet Road Canning Vale ...... 172

11. CLOSURE ...... 173

Page iii G7; DRAFTCITY AGENDA OF CANNING– ORDINARY COUNCIL MEETING 9 JUNE 2020

NOTICE PAPER AGENDA BRIEFING TUESDAY 9 JUNE 2020 MAYOR AND COUNCILLORS I inform you that an Agenda Briefing will be held in the Administration Building on 9 June 2020 at 6.00pm. Your attendance is respectfully requested. Yours faithfully,

Wednesday, 3 June 2020

Athanasios (Arthur) Kyron Chief Executive Officer

AGEND A

If any of the Elected Members have any queries on the Items set out in this Agenda, it would be appreciated if they could contact the relevant Director: 1. Chief Executive Officer 9231 0603 2. Director Canning Community and Commercial 9231 0750 3. Director Sustainable Development 9231 0676 4. Director Canning Environment 9231 0645

Page 1 DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

1. DECLARATION OF OPENING ANNOUNCEMENT OF VISITORS AND DISCLAIMER

We acknowledge the Wajuk (Wudjyuk) people, the traditional custodians of the land. We also pay our respects to Elders, both past and present.

2. ATTENDANCE

2.1 Apologies

2.2 Approved Leave of Absence

3. DISCLOSURE OF INTERESTS

3.1 Declarations of Interest (Financial) Officer/Elected Order of Agenda Page Item Details Intent to Nature of Member Business/ No Seek Ruling Interest Report No

3.2 Declarations of Impartiality Officer/Elected Order of Agenda Page No Item Details Nature of Member Business/ Association Report No

4. QUESTION TIME FOR PUBLIC

4.1 Response to Previous Questions Taken on Notice

4.2 Questions From the Public

5. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY

6. REPORTS OF COMMITTEE MEETINGS

7. REPORTS

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7.1 Office of the CEO OC-005-20 National Redress Scheme - Participation of WA Local Governments

PROGRAM: Office of the CEO SUB PROGRAM: Chief Executive's Office FILE REF: Q20/202 REPORT DATE: 3 June 2020 REPORTING OFFICERS: Garry Adams - Director Canning Community and Commercial Sarah McQuade - Executive Manager Enriching Canning RESPONSIBLE OFFICER: Athanasios (Arthur) Kyron - Chief Executive Officer

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration. Community Goal: Represents broader community's needs in all decision making. Council Strategy: A well-informed Council. Authority/Discretion: Advocacy: When Council advocates on its own behalf or on behalf of its community to another level of government, body or agency.

Attachments: 1. National Redress Scheme - DLGSC Information Paper (D20/70305). (Large Attachments)

In Brief: Although the City is currently unaware of any institutions historically run by the City that may lead to any claims under the National Redress Scheme, it is seen as prudent for the City to participate in the Scheme as a State Government Institution for the reasons set out in this report. The consequences of not participating in the Scheme would be that if any claim against the City did arise, it would need to be dealt with by the City outside of the Scheme and without the protection offered by the State Government.

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OFFICER RECOMMENDATION That Council: 1. Notes the consultation undertaken and information provided by the Department of Local Government, Sport and Cultural Industries regarding the National Redress Scheme and the participation of Western Australian local governments; 2. Notes that the City of Canning will not be included in the Western Australian Government’s amended participation declaration (and afforded the associated financial and administrative coverage), unless the City of Canning makes a specific and formal decision to be included; 3. Endorses the participation of the City of Canning in the National Redress Scheme as a State Government institution and included as part of the State Government’s declaration; 4. Grants authority to the Chief Executive Officer to execute a Service Agreement with the State, if a Redress Application is received; and 5. Notes that a confidential report will be provided if a Redress Application is received by the City of Canning.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

N/A

BACKGROUND

1 The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) was established in 2013 to investigate failures of public and private institutions to protect children from sexual abuse. The Royal Commission released three reports throughout the inquiry: a) Working with Children Checks (August 2015); b) Redress and Civil Litigation (September 2015); and c) Criminal Justice (August 2017).

2 The Royal Commission’s Final Report (15 December 2017) incorporated findings and recommendations of the three previous reports and contained a total of 409 recommendations, of which 310 are applicable to the Western Australian (WA) Government and the broader WA community.

3 The implications of the Royal Commission’s recommendations are twofold: the first is accountability for historical breaches in the duty of care that occurred before 1 July 2018 within any institution; the second is future-facing, ensuring better child safe approaches are implemented holistically moving forward.

4 The scope of this report addresses only the historical element of institutional child sexual abuse through the National Redress Scheme.

5 All levels of Australian society (including the WA local government sector and the City of Canning) will be required to consider leading practice approaches to child safeguarding separately in the future.

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National Redress Scheme

6 The Royal Commission’s Redress and Civil Litigation (September 2015) Report recommended the establishment of a single National Redress Scheme (the Scheme) to recognise the harm suffered by survivors of institutional child sexual abuse.

7 The Scheme acknowledges that children were sexually abused, recognises the suffering endured, holds institutions accountable and helps those who have been abused access counselling, psychological services, an apology and a redress payment.

8 The Scheme commenced on 1 July 2018, will run for 10 years and offers eligible applicants three elements of Redress: a) A direct personal response (apology) from the responsible institution, if requested; b) Funds to access counselling and psychological care; and c) A monetary payment of up to $150,000.

9 All State and Territory Governments and many major non-government organisations and church groups have joined the Scheme.

10 The WA Parliament has passed the legislation for the Government and WA based non-government organisations to participate in the National Redress Scheme.

11 The WA Government (the State) started participating in the Scheme from 1 January 2019.

12 Under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth), local governments may be considered a State Government institution.

13 A decision was made at the time of joining the Scheme to exclude WA local governments from the State Government’s participation declaration. This was to allow consultation to occur with the sector about the Scheme, and for fuller consideration of how the WA local government sector could best participate.

DETAILS

14 Following extensive consultation, the State Government (December 2019): a) Noted the consultations undertaken to date with the WA local government sector about the National Redress Scheme; b) Noted the options for WA local government participation in the Scheme; c) Agreed to local governments participating in the Scheme as State Government institutions, with the State Government covering payments to the survivor; and d) Agrees to the Department of Local Government, Sport and Cultural Industries (DLGSC) leading further negotiations with the WA local government sector regarding local government funding costs, other than payments to the survivor including counselling, legal and administrative costs.

15 The following will be covered for local governments participating in the Scheme as a State Government institution and part of the State’s declaration: a) Redress monetary payment provided to the survivor; b) Costs in relation to counselling, legal and administration (including the coordination of requests for information and record keeping in accordance with the State Records Act 2000); and

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c) Trained staff to coordinate and facilitate a Direct Personal Response (DPR – Apology) to the survivor if requested (on a fee for service basis with costs to be covered by the individual local government – see below for further explanation).

16 State Government financial support for local government participation in the Scheme, as set out, will ensure that Redress is available to as many WA survivors of institutional child sexual abuse as possible.

17 Individual local governments participating in the Scheme as a State Government institution, with the State will be responsible for: a) Providing the State with the necessary (facilities and services) information to participate in the Scheme; b) Resources and costs associated with gathering their own (internal) information and providing that information (Request for Information) to the State (if they receive a Redress Application); and c) Costs associated with the delivery of a DPR (apology), if requested (based on a standard service fee, plus travel and accommodation depending on the survivor’s circumstance). The State’s decision includes that all requested DPR’s will be coordinated and facilitated by the Redress Coordination Unit – Department of Justice, on every occasion.

18 The WALGA State Council meeting of 4 March 2020: a) Acknowledged the State Government’s decision to include the participation of Local Governments in the National Redress Scheme as part of the State’s declaration; b) Endorsed the negotiation of a Memorandum of Understanding and Template Service Agreement with the State Government, and c) Endorsed by Flying Minute the Memorandum of Understanding prior to execution, in order to uphold requirements to respond within legislative timeframes.

19 The State and WALGA will sign a Memorandum of Understanding to reflect the principles of WA local governments participating in the Scheme as State Government institutions and being part of the State’s declaration.

20 State agencies (led by DLGSC), WALGA and Local Government Professionals WA will support all local governments to prepare to participate in the Scheme from 1 July 2020 (or earlier, subject to completing the necessary arrangements).

21 The State’s decision allows for the WA Government’s Scheme participation declaration to be amended to include local governments and this report seeks endorsement of the City of Canning’s participation in the Scheme.

22 As an independent entity and for absolute clarity, it is essential that the City of Canning formally indicates via a decision of Council, the intention to be considered a State Government institution (for the purposes on the National Redress Scheme) and be included in the WA Government’s amended participation declaration.

23 The City of Canning will not be included in the State’s amended declaration, unless it formally decides to be included.

24 The financial and administrative coverage offered by the State will only be afforded to WA local governments that join the Scheme as a State Government institution, as part of the State’s amended declaration.

25 The option also exists for the City of Canning to formally decide not to participate in the Scheme (either individually or as part of the State’s declaration).

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26 Should the City of Canning formally decide (via a resolution of Council) not to participate with the State or in the Scheme altogether, considerations for the City of Canning include: a) Divergence from the Commonwealth, State, WALGA and the broader local government sector’s position on the Scheme (noting the Commonwealth’s preparedness to name-and- shame non-participating organisations). b) Potential reputational damage at a State, sector and community level. c) Complete removal of the State’s coverage of costs and administrative support, with the City of Canning having full responsibility and liability for any potential claim. d) Acknowledgement that the only remaining method of redress for a victim and survivor would be through civil litigation, with no upper limit, posing a significant financial risk to the City of Canning. Considerations for the City of Canning

27 Detailed below is a list of considerations for the City of Canning to participate in the Scheme: 1. Executing a Service Agreement

28 All Royal Commission information is confidential, and it is not known if the City of Canning will receive a Redress Application. A Service Agreement will only be executed if the City of Canning receives a Redress Application.

29 City of Canning needs to give authority to an appropriate position/Officer to execute a service agreement with the State, if a Redress Application is received. Timeframes for responding to a Request for Information are three weeks for priority applications and seven weeks for non-priority applications. A priority application timeframe (three weeks) will be outside most Council meeting cycles, and therefore it is necessary to provide the authorisation to execute an agreement in advance.

2. Reporting to Council if/when an application is received

30 Council will receive a confidential report, notifying when a Redress Application has been received. All information in the report will be de-identified but will make Council aware that an application has been received.

3. Application Processing / Staffing and Confidentiality

31 Administratively the City of Canning will determine: a) Which position(s) will be responsible for receiving applications and responding to Requests for Information; b) Support mechanisms for staff members processing Requests for Information.

32 The appointed person(s) will have a level of seniority in order to understand the magnitude of the undertaking and to manage the potential conflicts of interest and confidentiality requirements.

4. Record Keeping

33 The State Records Office advised (April 2019) all relevant agencies, including local governments, of a ‘disposal freeze’ initiated under the State Records Act 2000 (the Act) to protect past and current records that may be relevant to actual and alleged incidents of child sexual abuse. The City of Canning’s record keeping practices as a result, have been modified to ensure the secure protection and retention of relevant records. These records (or part thereof) may be required to be provided to the State’s Redress Coordination Unit in relation to a Redress Application.

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34 The Redress Coordination Unit (Department of Justice) is the state record holder for Redress and will keep copies of all documentation and RFI responses. Local governments will be required to keep their own records regarding a Redress Application in a confidential and secure manner, and in line with all requirements in the Act.

5. Redress Decisions

35 The City of Canning should note that decisions regarding Redress Applicant eligibility and the responsible institution(s), are made by Independent Decision Makers, based on the information received by the applicant and any RFI responses. The State Government and the City of Canning do not have any influence on the decision made and there is no right of appeal.

CONSIDERATIONS

Legal Compliance

36 The City of Canning in agreeing to join the Scheme, is required to adhere to legislative requirements set out in the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth).

37 Authorisation of an appropriately appointed person to execute a Service Agreement with the State, if a Redress Application is received, will be in accordance with s.9.49A(4) of the Local Government Act 1995.

Policy Implications

38 Not applicable.

Financial Considerations

39 The State’s decision will cover the following financial costs for local governments: a) Redress monetary payment provided to the survivor; b) Costs in relation to counselling, legal and administration (including the coordination or requests for information and record keeping); and c) Trained staff to coordinate and facilitate a Direct Personal Response (DPR – Apology) to the survivor if requested (on a fee for service basis with costs to be covered by the individual local government – see below).

40 The only financial cost the local government may incur will be the payment of the DPR’s, which is on an ‘as requested’ basis by the survivor. This will be based on the standard service fee of $3,000 plus travel and accommodation depending on the survivor’s circumstances. All requested DPR’s will be coordinated and facilitated by the Redress Coordination Unit – Department of Justice.

41 The State’s decision also mitigates a significant financial risk to the local government in terms of waiving rights to future claims. Accepting an offer of redress has the effect of releasing the responsible participating organisation and their officials (other than the abuser/s) from civil liability for instances of sexual abuse and related non-sexual abuse of the person that is within the scope of the Scheme. This means that the person who receives redress through the Scheme, agrees to not bring or continue any civil claims against the responsible participating organisation in relation to any abuse within the scope of the Scheme.

Business Plan

42 Not applicable.

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Internal Budget

43 Not applicable.

Asset Management

44 Not applicable.

Sustainability Considerations

45 Not applicable.

Consultation

46 The State, through the DLGSC, consulted with the WA local government sector and other key stakeholders on the Royal Commission into Institutional Responses to Child Sexual Abuse (in 2018) and the National Redress Scheme (in 2019).

47 The consultation throughout 2019 has focused on the National Redress Scheme with the aim of: a) raising awareness about the Scheme; b) identifying whether WA local governments are considering participating in the Scheme; c) identifying how participation may be facilitated; and d) enabling advice to be provided to Government on the longer-term participation of WA local governments.

48 Between March and May 2019, DLGSC completed consultations that reached 115 out of 137 WA local governments (including the City of Canning) via: a) Webinars to local governments, predominately in regional and remote areas; b) Presentations at 12 WALGA Zone and Local Government Professional WA meetings; c) Responses to email and telephone enquiries from individual local governments.

49 It was apparent from the consultations local governments were most commonly concerned about the: a) potential cost of Redress payments; b) availability of historical information; d) capacity of local governments to provide a Direct Personal Response (apology) if requested by Redress recipients; e) process and obligations relating to maintaining confidentiality if Redress Applications are received, particularly in small local governments; f) lack of insurance coverage of Redress payments by LGIS, meaning local governments would need to self-fund participation and Redress payments.

50 LGIS published and distributed an update (April 2019) regarding the considerations and (potential) liability position of the WA local government sector in relation to the National Redress Scheme.

51 The WALGA State Council meeting on 3 July 2019 recommended that: 1. “WA local government participation in the State’s National Redress Scheme declaration with full financial coverage by the State Government, be endorsed in principle, noting that further engagement with the sector will occur in the second half of 2019.

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2. WALGA continue to promote awareness of the National Redress Scheme and note that local governments may wish to join the Scheme in the future to demonstrate a commitment to the victims of institutional child sexual abuse. “

52 DLGSC representatives presented at a WALGA hosted webinar on 18 February 2020 and presented at all WALGA Zone meetings in late February 2020.

53 The State’s decision, in particular to cover the costs/payments to the survivor, has taken into account the feedback provided by local governments during the consultation detailed above.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity

The City of Council Canning will be endorses the included in the City’s WA participation in Officer Government’s the National Recommendation participation Redress Scheme approved by the as a State Very High declaration and Almost Certain Significant Council (positive afforded the Government (Opportunity) outcomes) associated institution. Opportunity A financial and City notifies the administrative State coverage should a Government of redress claim be its decision to made. participate. Officer Recommendation approved by the Overall Risk Council (negative Not Applicable Not Applicable Not Applicable Not Applicable Rating outcomes (Risk) Risk B

Notification to the State of a decision to participate is required by 30 June 2020, Participation in deferring a previous State decision may Government Officer result in the City Consultation on Recommendation not being able to the Redress High deferred by the Likely Moderate participate as a Scheme. (Risk) Council State Risk C Government Preparation of institution and if a Report for claim was made Council the City is not consideration. afforded the financial and administrative coverage.

If a claim is made, Participation in Officer the City will not previous State Recommendation Government be afforded the High declined by the Consultation on Almost Certain Moderate financial or (Risk) Council administrative the Redress Risk D coverage offered Scheme. by the State. Preparation of

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Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Report for Council consideration.

COMMENT

54 Nil.

VOTING REQUIREMENT

55 Simple majority.

AGENDA BRIEFING COMMENT

56 Not applicable.

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7.2 Director Canning Community and Commercial CC-025-20 Business Canning Policies Review

PROGRAM: Canning Community and Commercial SUB PROGRAM: Business Canning FILE REF: Q20/122 REPORT DATE: 2 June 2020 REPORTING OFFICER: Steve Leeson - Executive Manager Business Canning RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration. Community Goal: Effective leadership and good governance. Council Strategy: Comply with legal requirements. Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Policy CM165 Discounted Access to the City's Leisure Facilities (Adopted 12.5.2009) (D13/27518). 2. Policy CS403 Sports Fields - Use of Reserves by Schools (Adopted 12.5.2009) (D13/27422). 3. Policy CS415 Grant Concessions for Charges for use of Services & Facilities (Adopted 12.5.2009) (D13/27434). 4. Policy CM173 Marketing and Promotion of Council Services (Adopted 12.5.2009) (D13/27525). 5. Policy CS400 Sports Fields - Advertising Signs on Reserves (Adopted 12.5.2009) (D13/27419). 6. Policy CS400 - Community Signage (D20/15882). 7. Policy FM.10 - Rates Concessions for Community Groups (D20/15875). 8. Policy FM.12 - Corporate Sponsorship (D20/15879).

In Brief: The purpose of this report is to: 1. Propose the rescission of policies considered no longer applicable: a) CM165 Discounted Access to the City’s Leisure Facilities. b) CS403 Sports Fields – Use of Reserves by Schools. c) CS415 Grant Concessions for Charges for Use of Services & Facilities. d) CM173 Marketing and Promotion of Council Services. 2. Propose revisions and amendments to the following policies: a) CS400 Sports Fields – Advertising Signs on Reserves. b) FM.10 Rating Concessions for Community Groups.

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3. And propose a new Council policy: a) FM.12 Corporate Sponsorship.

OFFICER RECOMMENDATION That Council: 1. Rescinds policies: a) CM165 Discounted Access to the City’s Leisure Facilities. b) CS403 Sports Fields – Use of Reserves by Schools. c) CS415 Grant Concessions for Charges for Use of Services & Facilities. d) CM173 Marketing and Promotion of Council Services. 2. Adopts revised policies: a) CS400 Community Signage, included as Attachment 6 to this report. b) FM.10 Rating Concessions for Community Groups, included as Attachment 7 to this report. 3. Adopts new policy FM.12 Corporate Sponsorship included as Attachment 8 to this report. **ABSOLUTE MAJORITY REQUIRED**

Relevant Council Resolutions

Council Meeting and Date Report No Decision OCM 12 May 2009 CM-097-09 Adoption of Adopted with exclusion Administrative Policies

CR-014-17 Concession Waivers for OCM 20 June 2017 Adopted Community Groups

BACKGROUND

1 The City of Canning has a range of policies that are adopted by Council, which: a) Set direction. b) Guide decision making by Elected Members and Administration; and c) Inform the public.

2 Policies, together with CEO Instructions and procedures, are a fundamental component of a good governance framework.

3 The Business Canning sub-program has undertaken a review of policies related to the provision of Leisure Services and Rating.

DETAILS CM165 Discounted Access to the City’s Leisure Facilities

4 The purpose of this policy was to provide eligible City employees with a 50% discount on the scheduled fee at the City’s to Riverton Leisureplex, it is included as Attachment 1. This policy was adopted in May 2009 and has not been reviewed since.

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5 This policy is no longer necessary as City employees have free access to both Cannington and Riverton Leisureplexes as per their employment contracts. CS403 Sports Fields – Use of Reserves by Schools

6 The purpose of this policy was to provide terms and conditions for use of reserves by schools. It is included as Attachment 2. This policy was adopted in May 2009 and has not been reviewed since.

7 This policy is no longer considered necessary as the City’s applicable annual fees and charges are included within the adopted Annual Budget. The continued provision of free access for local schools to grassed sports grounds can be administered via the City’s booking processes and included within the annual schedule of fees and charges adopted by Council each year.

8 This policy detail is also duplicated within another policy CS415 Grant Concessions for Charges for Use of Services & Facilities in relation to any amount of money which is Levied or Charged by the Local Government, which is also no longer considered necessary. CS415 Grant Concessions for Charges for Use of Services & Facilities in relation to any amount of money which is Levied or Charged by the Local Government

9 The purpose of this policy was to provide concessions to and the use of various City services and facilities, as are considered beneficial to the local community. The policy is included as Attachment 3. This policy was adopted in May 2009 and has not been reviewed since.

10 This policy is no longer considered necessary as: a) The City has transitioned out of the responsibility for providing Aged Care Services. b) The provision of free access for local schools to grassed sports grounds is also included in policy CS403 Sports Fields – Use of Reserves by Schools. c) The City’s applicable annual fees and charges are included within the adopted Annual Budget. The continued provision of free community hall use by Ratepayer and Progress Associations, along with Neighbourhood Watch Groups, as well as free access for local schools to grassed sports grounds, can be included within the annual schedule of fees and charges. CM173 Marketing and Promotion of Council Services

11 The purpose of this policy was to provide marketing strategies to promote Council services. The policy is included as Attachment 4. This policy was adopted in May 2009 and has not been reviewed since.

12 This policy is considered no longer necessary as the tasks of undertaking marketing and promotion, along with customer service, are the responsibility of the Chief Executive Officer (CEO).

13 The practice of issuing local schools with free entry passes of equal value, which they can use for reward and recognition purposes, will continue to be undertaken annually by the Leisure Services team.

14 It is proposed to rescind the old policy and introduce Council’s revised direction within a single document on promotion and advertising. This proposed new policy is considered further within this report. CS400 Sports fields – Advertising Signs on Reserves

15 The purpose of this policy was to allow some forms of advertising signs on reserves. It is included as Attachment 5. This policy was adopted in May 2009 and has not been reviewed since.

16 It is proposed to retitle, reword and reformat this policy and update Council’s direction in support of community groups and sporting clubs promotion and advertising of their events and activities. The revised policy is included as Attachment 6.

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FM.10 Rating Concessions for Community Groups

17 The purpose of this policy is to recognise that community groups are for the benefit of the community and their purpose is not intended to generate sufficient revenue or profit. It is preferred that the City does not increase the burden of costs to these groups, so to encourage sporting and recreation endeavours which build community spirit through improved social connection. This is consistent with the City’s Strategic Community Plan and supports the waiving of obligations for the payment of rates.

18 Key changes include extended examples of sporting groups within an updated template. This is included as Attachment 7 with changes indicated in blue and red.

19 The policy aligns to section 6.47 of the Local Government Act 1995, which requires an absolute majority decision, and is therefore unsuitable for delegation. The proposed changes to the policy will ensure the City is required to apply the policy in its entirety, and does not permit Officer discretion to vary the eligibility criteria when assessing applications. Therefore, Officers can only approve applications that meet all of the eligibility criteria. Applications that do not meet the criteria must be refused or referred to Council for consideration.

20 Following Council adoption of the policy, the CEO shall implement and apply the policy in accordance with section 5.41(c) and (d) of the Local Government Act 1995. Proposed New Policy FM.12 Corporate Sponsorship

21 As a replacement to CM173 Marketing and Promotion of Council Services, a new policy is proposed to guide the City’s approach to attracting sponsorship and the types of sponsorship arrangements the City will enter into. This is included as Attachment 8.

22 Through sponsorship, the City can enhance, extend or reduce the cost of current activities or programs or develop new ones.

23 The main features of the proposed policy are establishing as a criteria for attracting sponsorships which are of benefit to the City, nominating types of sponsorships which may be considered as suitable, whilst stipulating requirements towards ensuring appropriate outcomes.

CONSIDERATIONS

Legal Compliance

24 Local Government Act 1995 Sections 2.7(2)(b), 6.12(1)(b), 6.26 and 6.47.

Policy Implications

25 Proposed rescission of Council Policies: a) CM165 Discounted Access to the City’s Leisure Facilities. b) CS403 Sports Fields – Use of Reserves by Schools. c) CS415 Grant Concessions for Charges for Use of Services & Facilities. d) CM173 Marketing and Promotion of Council Services.

26 Proposed updated Council Policies: a) CS400 Sports Fields - Advertising Signs on Public Open Space. b) FM.10 Rating Concessions for Community Groups.

27 Proposed new Council Policy: FM.12 Corporate Sponsorship.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Financial Considerations

Business Plan

28 Business Canning a) Budgeting and financial reporting. b) Treasury, revenue collection and payables. c) Payroll and insurance. d) Asset management. e) Aquatic facilities, health and fitness. f) Indoor playgrounds and function facilities. g) Café and retail. h) Whaleback golf course.

Internal Budget

29 The proposed revisions and rescission to these policies have no material impact upon the City’s current Annual Budget or Long Term Financial Plan.

30 Rate exemptions, including the waiving of rates for community and sporting groups are recognised within the annual budget.

Asset Management

31 The proposed revisions and rescission to these policies have no material impact upon the City’s asset management requirements.

Sustainability Considerations

32 Not applicable.

Consultation

33 These policy reviews and recommendations are in collaboration with other City service units.

34 Other local government policies have been referenced in the review and drafting of policies within this report.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Officer Recommendation approved by the Opportunity to Implement new High Likely Moderate Council (positive improve policy policies. Rescind (Opportunity) outcomes) position. old policies. Opportunity A Officer Recommendation approved by the Not applicable. Not applicable. Not applicable. Council (negative Not applicable. Not applicable. outcomes) Risk B Officer Changes Failure to adopt Recommendation proposed based and maintain best Medium deferred by the on current Likely Minor practice (Risk) Council contemporary guidelines. Risk C approach. Officer Changes Failure to adopt Recommendation proposed based and maintain best Medium declined by the on current Likely Minor practice (Risk) Council contemporary guidelines. Risk D approach.

COMMENT

35 Following a Strategic Issues Briefing held 3 March 2020, further considerations and amendments were incorporated within the proposed policy revisions and new draft, outlined in the memo circulated to Councillors dated 13 March 2020.

36 Recommend to rescind those policies considered outdated, the revision of policies for current needs and introduce a new policy for direction towards sponsorship and advertising.

VOTING REQUIREMENT

37 Policy FM.10 Rating Concessions for Community Groups requires an Absolute Majority vote, in accordance with section 6.47 of the Local Government Act 1995, whilst the remainder of the policies involve a simple majority vote.

AGENDA BRIEFING COMMENT

38 Not applicable.

Page 17 CC-025-20 Business Canning Policies Review CC-025-20

Item CC-025-20 - Attachment 1 Policy CM165 Discounted Access to the City's Leisure Facilities (Adopted 12.5.2009)

Policy Type: Adm inistralive Date Ado ted: 12 Ma 2009

Legal (Parent): Legal (Subsidiary): 1. Minimum Cond itions of Employment Act 1993. 2. Building Trades Award 1968 . 3. Metal Trades Award 1992. 4. Industrial Relations Act 1988. 5. City of Canning Leisu re Facilities Collective Agreement. 6. City of Canning & Salaried Officers Collective Agreement 2007. 7. Residentia l Aged Care (Hostels) Award 2002 . 8. City of Canning & Outside Workforce Union Collective Agreement 2008. 9. Fringe Benefits Tax Gu ide .

___f !1 IIti e.. _..,._.... ■ a1 I .rn'i'fl.lTil" Title: DISCOUNTED ACCESS TO TH E CITY'S LEISURE FACILITIES Objective: As part of the City's employment enhancement program, employees may be eligible to access discounted membership rates at the City's Riverton Leisureplex facility.

Eligible employees are entitled to purchase a twelve (12) month corporate membership at a 50% discount on the scheduled fee at the City's Riverton Leisureplex facility.

1.0 Eligibility for discounted rates are dependant upon:

1.1 permanent fu ll lime, part time and casual employees who have successfully completed one month's service .

2.0 Employees who cease employment wi th the City will no longer have access to discounted rates.

3.0 Discounted rates are based upon standard Leisureplex fees. Fees are subject to alteration without notice.

4.0 Application for discounted rates must be made annually.

5.0 Balance of fees are to be salary sacrificed through the City's payroll, payable weekly/fo rtnightly (or in the case of casual staff, a lump sum payment - no reimbursement shall apply shou ld the employee cease employment).

6.0 On termination, salary sacrifice for membership will cease and membership will be cancelled. It is the responsibility of the employee to make alternative arrangements should they wish to continue their membership. Futu re membership will revert to fu ll scheduled prices.

7.0 Should an employee elect to cancel or change their membership the request must be in writing.

Taxation Reference - Fringe Benefits Tax Guide

The tax legislation provides that a residual benefit can be provided to current employees, that re lates to use of recreational facilities, provided that the facilities are located on the business premises of the employer. It is the City's view that this benefit would be an exempt benefit under the Fringe Benefits Tax Assessment Act 1986.

Administrati ve Policies 109

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Item CC-025-20 - Attachment 2 Policy CS403 Sports Fields - Use of Reserves by Schools (Adopted 12.5.2009)

Policy Type: Adm inistrative ~:ffili4'1£t•~~~l•S~ Date Ado ted: 12 Ma 2009 Date Last R~= 2009 Legal (Parent): Legal (Subsidiary): 1. Local Government Act 1995 (As Amended) - 1. Consolidated Local Laws - Part 111 , Section 3.8. Section 2.7(2)(b).

Title: SPORTS FIELDS - USE OF RESERVES BY SCHOOLS Objective: To provide terms and conditi ons for use of reserves by schools.

Schools in or immediately adjacent to the City may be granted use, subject to the following:

1.0 In the event of unforeseen deterioration of the playing surface of a sports ground, two days written notice with relevant reasons may be given to a school advising that approval for use is withdrawn or suspended for a time specified in the notice.

2.0 When a sports ground is considered to be a shared facility between the City and the Education Department of Western Australia , no user fee will apply, however costs of maintaining such a facility will be shared between the two agencies, in accordance with the agreement between the parties.

3.0 There shall be no fee cha rged for schools in or immediately adjacent to the City for use of grassed sports grounds (other than the Em Clark Athletic Centre) during school hours, as part of curriculum activities, however a bond shall apply as may be determined from time to time by the Council if such usage necessitates the ma rking of grounds, erection of tents or other structures, the access by vehicles , etc.

Administrative Policies 237

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Item CC-025-20 - Attachment 3 Policy CS415 Grant Concessions for Charges for use of Services & Facilities (Adopted 12.5.2009)

Policy Type: Adm inistralive Date Ado ted: 12 Ma 2009 Legal (Parent): I Legal(Subs;d;a,y), 1. Local Government Act 1995 (As Amended) - Section 6.12 (3).

~.... ~, .~ Title: GRANT CONCESSIONS IN RELATION TO ANY AMOUNT OF MONEY WHICH IS LEVIED OR CHARGED BY THE LOCAL GOVERNMENT Objective : To provide concessions to and use of various Council services and facil ities, as are considered beneficial to the local community.

The following conditions apply in relation to the granting of concessions:

1.0 Aged Care Services incorporating the following sections, as funded by the Home and Community Care Program:

Home and Community Care Services. Multicultural Respite Services. Queens Park Community Care Services.

1.1 At the assessment stage all clients are informed of their right to request a fee reduction or waiver due to financia l hardship. The Coordinator will follow the Home and Community Care National Guidelines when determining a request fo r a fee reduction or waiver.

1.2 The Manager will authorise any fee reductions or fee waivers and for the purpose of accountability the Coordinator will maintain a document to this effect in the client's confidential file.

2.0 Aged Care Services, incorporating the following section, as funded by the Commonwealth Government:

CACP - Community Aged Care Packages. EACH - Extended Aged Care at Home Packages.

2 .1 CACP providers may ask care recipients to pay an ongoing fee as a contribution to the cost of their care . In determining a care recipient's capacity to pay fees, the provider applies the process as written in the Community Aged Ca re Package/EACH Guidelines.

2.2 The maximum fee for a CACP/EACH should be ca lcu lated as per the maximum fees set out in the CACP/EACH Guidelines.

2.3 The Manager will authorise any fee reductions or fee waivers and for the purpose of accountability, the Coordinator will maintain a document to this effect in the client's confidential file.

3.0 Accommodation and Respite Service (Disability), Youth and Family Services

3.1 The Coordinator need not apply a detailed 'means test'. Coordinators will endeavou r to exercise 'good judgement', in part by adhering to the following directions:

(a) Fees are not to be reduced lightly, or without due consideration , because they enable services to expand as far as possible in meeting the needs of the community. (b) If after due consideration , the situation remains unclear, the Coord inator will recommend to the Manager to reduce fees in order to avoid risking 'hardship'.

3.2 A client will produce some evidence of their level of income, and if necessary, levels of expenditure.

Administrative Policies 255

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Item CC-025-20 - Attachment 3 Policy CS415 Grant Concessions for Charges for use of Services & Facilities (Adopted 12.5.2009)

4.0 Use of Community Halls and Centres by Electors

4.1 Ratepayer and Progress Associations

The Council approves the use of community halls and centres by electors, ratepayer and progress associations on a monthly basis for the conduct of meetings, subject to:

(a) The use of the premises by the associations not interfering with other bookings which shall have a preference. (b) The associations complying with the Local Law Relating to Public Halls and Community Halls. (c) The associations paying a hire fee equivalent to the commission paid lo the booking agent for a normal booking, and such fee being paid direct by the association to the appropriate booking agent.

5.0 Sports Fields and Outdoor Facilities - School Usage

There will be no charge for the use of grassed sports areas (other than the Ern Clark Athletic Centre), by loca l schools, where schools use such facili ties during school hours, or as part of their normal sports program, provided usage does not conflict with seasonal allocation of booking of the reserve, or interfere with works in progress or planned on the reserve.

6.0 Entrance Fees

Fees charged to the following Council facilities to be refunded :

6.1 Whaleback Golf Course - due to closure of the Course (ie inclement weather, damage to the Course).

6.2 Sports fields and outdoor facilities due to the grounds being unavailable for use as a resu lt of a report to Council recommending closure of a sports field or outdoor facility (ie turf rejuvenation, major maintenance and/or renovations).

7.0 Use of Community Hall s and Centre by Neighbourhood Watch Groups

7.1 The Council approves the use of community halls free of charge.

8.0 Charges for lost or damaged library materials may be waived, in part of whole, where circumstances warrant.

Administrative Policies 256

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Item CC-025-20 - Attachment 4 Policy CM173 Marketing and Promotion of Council Services (Adopted 12.5.2009)

Policy Type: Adm inistrative ~ :ffi j14'1 £l•~a l~i fi ~ Date Ado ted: 12 Ma 2009 Date Last R~ Ma2009 Legal (Parent): Legal (Subsidiary): 1. Local Government Act (As Amended) - S2 .7(2)(b).

Title: MARKETING AND PROMOTION OF COUNCIL SERVICES Objective: To provide marketing strategies to promote Council services.

1.0 As part of the marketing strategies for promoting the services at the Riverton Leisureplex, Canning Aquatic Centre and the Queens Park Recreation Centre, the Centre Manager/Duty Manager be authorised to:

1.1 Issue a com plimentary centre entry or service pass in the following circumstances:

(a) Where a valid complaint has been received by a customer who is dissatisfied with the service.

(b) For promotional purposes, or the ma rk eting of new programmes/services.

1.2 Issue local clubs , schools and community groups with entry passes or centre vouchers, to a maximum of $60 in value per annum, to be utilised as prizes by these organisations.

1.3 Issue customers with prizes, goods or services donated by the Centre's suppliers, to promote cen tre activities.

1.4 Extend the membership of patrons who may have had their access to services disrupted due to the breakdown of facilities, or for any other va lid reason.

1 .5 Keep a record of any action taken with regard to 1.1 through 1.4 above.

Administrati ve Policies 118

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Item CC-025-20 - Attachment 5 Policy CS400 Sports Fields - Advertising Signs on Reserves (Adopted 12.5.2009)

Policy Type: Adm inistrative ~:ffili4'1£t•~~~l•t•~ Date Ado ted: 12 Ma 2009 Date Last R~= 2009 Legal (Parent): Legal (Subsidiary): 1. Local Government Act 1995 (As Amended) - 1. Consolidated Local Laws Part XV I. Section 2.7(2)(b).

Title: SPORTS FIELDS - ADVERTISING SIGNS ON RESERVES Objective: To allow some forms of advertisin g signs on reserves.

1.0 In order to offset costs of maintaining reserves, Council may consider proposals for corporate sponsorship for selective advertising on reserves .

2.0 Clubs obtaining sponsorship for club activities shall be requ ired to obtain approval from Council before signs re lating to such club sponsorship can be erected on sports fields , change rooms , or other structures including fences on sports fields. Clubs, when submitting an appli cation to erect signage , must indicate the length of period that the sponsorship is for. When evaluating an application, Officers must ensure that the signage complies with Part XVI of the City's Consolidated Loca l laws relating to Signage, Hoardings and Bill Postings. Signage, if approved, must face towards the playing surfaces only of the sports fields.

3.0 Advertisements relating to, or promoting tobacco/alcohol products, shall not be permitted.

4.0 The Club shall remove sponsorship signs at the expiration of the Sponsorship Agreement.

Administrati ve Policies 233

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Item CC-025-20 - Attachment 6 Policy CS400 - Community Signage

G7; CITY OF CANNING

POLICY

TITLE: COMMUNITY SIGNAGE I CODE: I CS400 PURPOSE or To guide the City's approach towards community groups and sporting clubs use of public open space for OBJECTIVE: promotion and advertising purposes.

REFERENCE local Government Act 1995 s 2. 7(2}(b) DOCUMENTS: City of Canning Loca l Laws

POLICY STATEMENT To encourage and allow community groups and sporting clubs promotion of events and activities and ensure all signs and advertising are appropriate, safe and compliant.

1. Scope Th is policy applies to all community groups and sporting clubs wishing to advertise on publ ic open space.

2. Definitions Community Group Is an en tity whose primary objective is not di rected at making a profit and has the principal aim of encouraging and organising community participation of a non­ sporting nat ure.

Sporting Club Is an entity that has the principal aim of encouraging and organising community participation in sport.

Temporary signs Are those portable signs that are not attached to a building or other fixed structure. They can only be on display for a spec ified period.

Permanent signs Are those signs that are attached to a building or other fixed structure for an extended period of time.

Public open space Includes sports fields, fencing and community buildings located on City controll ed land.

long term tenants Groups with a lease or license arrangement over City public open space and/or bu ildings

3. Objectives Approval to display advert ising signs on public open space will be granted to community groups and sporting clubs events and activities which are;

1. Of benefit to the local community 2. Non-commercial in nature

3. Cause no loss of local amen ity or detrimental impact upon the natural or built environment

4. Guidelines 1. All proposals to displ ay advertising and promotional signs will be subject to an assessment process, to be approved by the relevant City Director.

2. Content considered offensive or inconsistent with t he best interests of the Community will not be supported.

3. Signs must comply with the City's Local Laws.

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Item CC-025-20 - Attachment 6 Policy CS400 - Community Signage

4. Temporary signs may be applied for; (a) In size upto 10m2 (b) Exhi bited up to 30 days prior to t he eve nt (c) Not affixed to trees, power or light poles, street fixtures, City buildings or any other structures; an d

(d) Stakes or poles used to secure the signs must not cause damage and com ply wit h te rms of approval.

(e} Sponsors logo are not to occupy the majority of the total sign area

5. Permanent signs may be applied for by long term tenants of the City's sport and recreational fac ilities, and; (a} Be des igned, built and mai ntained in a manner that is structurally sound;

(b} Any sponsors logo and/ or name ca nnot occupy the majority of the total sign area; (c) To predominately face onto the match playing area; and

(d} Not extend beyond the length or height of any affixed structure.

5. Requirements 1. Te mporary signs must be removed within 7 days of conclusion of an event. 2. Pe rmanent signs must be maintained and well presented at all times. 3. Non-compliant signs may be removed by the City.

GOVERNANCE REFERENCES Statutory Compliance local Government Act 1995 Cit of Cann in Loca l Laws Process links POLICY ADMINISTRATION Program responsible Officer Title Canning Community and Commercial Version Decision Reference Meeting type and date Delegation No. (or N/A) 1 Policy rewritten and reformatted to new template 2 3 4

Page 25 CC-025-20 Business Canning Policies Review CC-025-20

Item CC-025-20 - Attachment 7 Policy FM.10 - Rates Concessions for Community Groups

~ ; CITY OF CANN ING

POLICY RATING WAIVERS OON(:fSSIQNS FOR COMMUNITY FM.10 TITLE: I COOE: GROUPS I PURPOSE or To establish a governing framework for consistent management of granting a fu ll rating OBJECTIVE: waiver~ to Communitv Groups, including Sponing Groups.

REFERENCE Local Government Act 1995 s 2.7 (21(b), ~ nd 6.47 DOCUMENTS: LocaJ Government £Financial Mono~mentl Reg,ufations 1996 r.26 and 27

POLICY STATEMENT

<:o,..,..uRil'/ e•oups ope,a1e fo• IAe beRelit of tAe ,o,..,..uRil>,< 3Rd tAei• pu,pose is Rot iRleRded to geReFaie ~igAificaRt reueRwe or prof.it l hg City u ■ i~he~ t ! o recognise the~ benefit of Community Groups and Sport ing Clubs by w aiving t he rates on t he facilities ~ use~d by tAese e•oups

1. Scope The application of a full waiver of rates a pp Iles to the use of land and buildings used by Community Groups, iocluding Sport> Clubs and Resident and Ratepayer Associations only.

Any portion of the land and/or bui ldings leased to a commercial third party business will be subject to the appropriate rating category.

Other City charges or levies {i.e. Waste and Security Levies) and State imposed charges (i.e. Emergency Services Levy) that may be applied are not bound by this policy.

2. Definitions Term Definition Community Is an entity whose primary objective Is not directed at making a profit and GroupOrganisation has the principal aim of encouraging and organising community participation of a non-sporting nature.

Means aR entity that has 111a pFiRGipal aim el enGeYraging and aganisingation community participation of a non-sporting nature.

Sporting ClubsG,oop& Is an entity that has the principal aim of encouraging and organising community participation in sport.

Commercial purpose Means for the purpose of this policy lo conduct an activity in or on the property that is subject to a rates waiver that makes a profit that is distributed to a third party.

Ancillary service Means a service provided for the benefit of members and visitors (for example: canteen, bar service, club rooms, hiring of rooms).

Other Charges and levies Includes, but nol limited to, electricity, water and gas charges, ESL (Emergency Services Levy), and waste collection charges, as applicable lo each property.

Approving officer Means any person to whom power has been authorised to apply the waiver policy in accordance wilh Council's approved policy gLidelines.delegated in ralalion to this poli<:y.

3. Qualifying Criteria Subject to qualifyins criteria, a fu ll waiver of annual rates may be applied {Churches are recognised as a charitable organ isation, therefore, are exempt under section 6.26 (2) of the Local Government Act 1995).

Page 26 CC-025-20 Business Canning Policies Review CC-025-20

Item CC-025-20 - Attachment 7 Policy FM.10 - Rates Concessions for Community Groups

Ea ch property owned or leased by the organisation will be assessed on its own merits, on a case-by-case bas is.

To be eligible for a rating concession :

1. The purpose of an organisa tion must be of a community~ sporting club or Ji9Gr9atiot:1al nature, of the kind outlined in item S. Th is purpose will be stated in the orga nisation constitution, details of incorpora tion or similar statement of purpose, and;

2. The organisation must be not-for-profit, and;

3. The property for whi ch the subsidy is being sought must be used for the sporting or community use for which the organisation exi5.ts.

4. Specia l Exemptions

Counci l reserves the right to consider each application request for a waiver of ra tes on a case-by-case basis and may require additional cond itions or approve waivers at the discretion of the Approving Officer.

S. Eligibility as a Resu lt of the Provision o f Ancillary Commercial Services The provi sion of ancillary services where any revenue and surplus received is for the benefit of the group or organ isation, such as a bar, dining facilities or canteen, does not disqualify eligibility. Properties (or part of a property) used for a commercia l purpose with the revenue and su rplus be retained by a third party, and/or res idential purpose will not receive a rating waiver.

For the purpose of this policy, eligi ble community organisations are categorised as either sporting or recreationa l community groups as well as Resident and Ratepayer Associations.

Entilv [Group) Nature of Group Purpose • --[ Formatted Table

Includes: Hobby groups, theatre groups, bridge clubs, CommunityReGrealiGA Groups music groups, scouts, girt guides, resident & ratepayer associations, etc.

Community - childcare, kindergarten and playgroups.

Includes: Football, golf, bcwling clubs, target sports, Sporting Groups equine sports , water sports, tennis, soccer, baseball etc.

• R.alepayar'Ggmmunity G":>Yps is an Grganisatien fGm1ed by a gmYp gf peGple ,esiding in a def1ned a,ea R.atepayar1Resi, the benefit gf t~e ogmmunity.

6. Eligibility as a Resu lt of Co m mercial Enterprise Groups that represent industry segments, commercial businesses, promote a profit making activity or business group, will not be eligible for any waiver of rates.

7. Eligibili ty Supporting Documentation The following standa rd documentation will be required to support a community group's application:

1. A copy of the organisations co11Stitution; details of incorporation or similar stateme nt of purpose.

2. A statement supporting the applic.ation, detailing any .service and benefit to the community.

3. Details on any portion of the land and/or buildings leased to a third party, both commercial businesses. and other community or sporting organisa tions.

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Item CC-025-20 - Attachment 7 Policy FM.10 - Rates Concessions for Community Groups

Submitted documentation will be subject to a review every three (3) years

8. Eligibility Recipient Reporting Requirements The City mug be informed of anv c.hanges to lease c1g reements with any th ird party or changes to the nature and pu rpose of the community orsanisation.

The update must be submitted at least six (6) weeks prior to the 1st of March, of the next financial year to determine if changes. impact eligibility.

If at a future point in time it is discovered that changes were made and not reponed, financial reimbursement may be requested. 9. Eligibility Commencement If a new application is approved partway through a financial year, t he rating waiver will apply from the date of lodgement of the application.

10. Reporting Requirements As part of the annual budget process a schedule of community group rating waivers is to be included in the budget

adoption reports. Ar; a i;;gnditioA of del09ation1 on,o tl:u:i poliQf Ras boon enast.1M.l a" list of recipients and the rate waiver given will be .s.ubmitted to council for noting a.s. a public document. -

11. Legislative Context Any organisation leasing or owning land and/or buildings within the munici pal boundary of the City of Canning sha ll be rateab le, unles..s. provi s. ion.s. of the Weal Government Act 1995 provide for them to be non--ratea ble.

12. Review Position and Date This. policy will apply for rates levied frCMTI 1 July 2016 onwards..

This. policy must be reviewed every two {2) years. after a general Local Government election, o r earlier if Council deems. it necessary.

Eligibi li ty fQ[ef a C1,1II GemmuRitv srn1,1p waiver of rates., iAelu9ireg ,i;:eFliAg grnu~!i iH ,uell as. Re!iideRt 1rnd Raiei;:ai,..er ~ will be subject to review every three (3) years.

GOVERNANCE REFERENCES Statutory Compliance l. ot.ol Go~tr1~r1t Ac-t 19.9S Process Un ks POLICY ADMINISTRATION Program responsible Offic:erTltle CaMing Community & Comm4:!rciat Director Canni'lg Community & Com mere ial Versk> n Oeclslon Reference M eeting t',lpt! and date Oel~ation No. {or N/A) I Ne:w Policy June 2017 Adopted 10/06/2017 Item CR-014·17 2 Revie:wed and revised Policv reformatted to new temolate 3 4

Page 28 CC-025-20 Business Canning Policies Review CC-025-20

Item CC-025-20 - Attachment 8 Policy FM.12 - Corporate Sponsorship

G; CITY OF CANNING

POLICY TITLE: CORPORATE SPONSORSHIP I CODE: I FM.12 PURPOSE or To guide the City's approach to attracting sponsorship and the types of sponsorship arrangements t he OBJECTIVE: City wi ll enter into.

REFERENCE Local Government Act 1995 s 2. 7(2)(b) DOCUMENTS: Pol icy EMOS Attendance at Events Pol icy CM 184 Use of Council Logo, Armorial Crest and Na me

POLICY STATEMENT

Through sponsorship, the City can enhance, extend or reduce the cost of community activities or programs or develop new ones. / 1. Scope This policy applies to all incoming sponsorships received by t he City.

2. Definitions Sponsorship Assets The activity (e.g. event, program or service) or facility (e.g. golf course, leisureplex) for which sponsorship is being sort.

Sponsorship A commercial arrangement in which a sponsor provides a cash or in-kind contribution in return for certain specified benefits.

Sponsorship can be provided by the corporate sector or private individuals in support of City sponsorship assets.

3. Criteria for Attracting Sponsors Any sponso rship arrangements offered or sought by the City must:

(1) Benefit the City and its residents, workers and visitors;

(2) Avoid creating an actual or perceived conflict of interest; and

(3) Not interfere with the City's compliance with and exercise of its legislative obligations.

4. Suitable Activities for Sponsorship The general types of sponsorship that the City may consider as suitable for sponsorsh ip assets includes t he foll owing:

(1) City events

(2.) City awards

(3) Community programs

(4) Public artworks

(5) Leisure facilities

s. Benefits for Sponsors The primary benefit for Spon sors to reach key target audiences and meet corporate social responsi bility goals. Entitlements include, but are not limited to: License to use t he City's logos, content and imagery; (1) Branding on infrastructure and event ma rketing; (2) Ab ility to develop co-branded marketing initiatives; and (3) Attendance at events/ programs.

Page 29 CC-025-20 Business Canning Policies Review CC-025-20

Item CC-025-20 - Attachment 8 Policy FM.12 - Corporate Sponsorship

6. Sponsorship Requirements (1) All sponsorship proposals will be subject to an assessment process, to be approved by the Chief Executive Officer and relevant Director. Sponsorship proposals with a financial impact greater than $2S0,000 shall be presented to Council for determination.

(2) The City will not undertake sponsorships that;

(a) compromises the City's reputation; (b) requ ires or imply the City's endorsement of co mmercial products, services, companies, political parties, religious groups or individuals; (c) limits the City's abi li ty to carry out its legislative functions fully and impartially; (d) restricts access to the City's sponsorship assets by the widest audience possible; (e) are not consistent with socia l justice principles of equity, pa rt icipation, rights and access ibi lity for all groups in t he community; (f) personally benefit individual City employees, or their friends/family; (g) all ows ownership and control of the sponsored sponsorship assets to be removed from the City; (h) poses a conflict with the broader Council policies an d practices of the City; and (i} poses a conflict between the objectives and values of the City and those of the Sponsor.

(3) The City will not enter into sponsorship arrangements with a potential sponsor whose interests, objectives and/ or mission are contrary to the overall benefit of the Community.

(4) The City retains the discretion not to accept sponsorship from any entity for any reason.

7. Attracting Sponsors The City may identify potential sponsors and may initiate direct contact or via t hird parties, who satisfy the requirements ;,t p;,rt 6 (2) and (3) above.

8. Contracting Sponsors Sponsorship ;,rr;,ngements wi ll be m;,de in accordance with the requirements of the Local Government Act 1995. The sponsorsh ip funds to be specifically applied for the purpose of the approved application.

GOVERNANCE REFERENCES Statutory Compliance Local Government Act 1995 Process links POLICY ADMINISTRATION Program responsible Officer Title Canning Community and Commercial Director Canning Community & Commercial Version Decision Reference Meeting type and date Delegation No. (or N/ A) 1 Draft policy proposal 2 3 4

Page 30 CC-025-20 Business Canning Policies Review CC-025-20

DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

CC-026-20 Review of Delegations of Authority

PROGRAM: Canning Community and Commercial SUB PROGRAM: Governance Canning FILE REF: Q20/121 REPORT DATE: 3 June 2020 REPORTING OFFICER: Karen Cornish - Supervisor Governance & Compliance RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration. Community Goal: Effective leadership and good governance. Council Strategy: Comply with legal requirements. Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Review of Delegations Register 2020 - detailing proposed changes as mark-ups (D20/57277). (Large Attachments) 2. Table of Proposed Changes (in Delegation Number order) - Review of Delegations 2020 (D20/57273). 3. New proposed Authorisation 2020 - Council to Officers (D20/57519).

In Brief: Section 5.46(2) of the Local Government Act 1995 require delegations to be reviewed at least once each financial year. This report completes the review and requests Council to adopt the changes as presented and attached to this report. The business of local government could not be carried out efficiently if Council were to perform all the tasks and duties required of a local government. For practical administration and technical qualification reasons, Council needs to appoint Officers to carry out certain powers and duties in order for the local government to function within the confines of the many pieces of legislation it is bound by. Section 5.42(1) of the Local Government Act 1995 (the Act) provides Council with the ability to delegate to the Chief Executive Officer (CEO) the exercise of any of its powers, or the discharge of its duties, other than those referred to in section 5.43 of the Act. Council has the right to impose conditions on any delegation it grants. Council, as the delegator, retains the power to make decisions, if need be, notwithstanding that a delegation has been granted. The City now seeks Council approval for a number of amendments and revocations to the City’s Delegations Register 2018-2019 – Council to Chief Executive Officer and Employees (refer Attachment 1). Attachment 2 tables the details of the proposed amendments. A new Authorisation is also being sought from Council, for various powers and duties under the Caravan Parks and Camping Grounds Act 1995 and is presented as Attachment 3.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

OFFICER RECOMMENDATION That Council: 1. Adopts amendments to the ‘Delegations Register 2018-2019 – Council to Chief Executive Officer and Employees’, as detailed in this Report and in Attachment 1, and that this forms the new ‘Delegations Register 2019-2020 – Council to Chief Executive Officer and Employees’. 2. Delegates the powers, duties, and functions as described in Attachment 1, in accordance with section 5.42 of the Local Government Act 1995. 3. Appoints Authorised Persons under the Caravan Parks and Camping Grounds Act 1995 as contained in Attachment 3. **ABSOLUTE MAJORITY REQUIRED**

Relevant Council Resolutions

Council Meeting and Date Report No Decision 1. Adopts amendments to the ‘Delegations Register 2017- 2018 – Council to Chief Executive Officer and Employees’, as detailed in this Report and in Attachment 2, and that this forms the new Ordinary Council Meeting ‘Delegations Register 2018- 21 August 2018 CC-035-18 2019 – Council to Chief Executive Officer and Employees’.

2. Delegates the powers, duties, and functions as described in Attachment 2, in accordance with section 5.42 of the Local Government Act 1995.

BACKGROUND

1 The delegations of authority are an integral part of the City’s governance framework. They are supported, and in some cases conditioned by policies adopted by Council. The City’s Delegation Register encompasses a number of Acts, Regulations and Local Laws, all of which have certain requirements in regards to delegation, sub-delegation, conditions for delegating and the requirement or frequency for review.

2 Ensuring suitable and lawful delegations are in place contributes to an effective and efficient organisation, capable of meeting timelines imposed by statutory provisions and community expectations. Recommendation 5 of the 2012 Inquiry into the City of Canning recommended: “Delegations to City Officers are reviewed to identify a means of reducing the number of low level regulatory service matters that come before Council.” This review of delegations fulfils that recommendation. Council can be confident Officers who are delegated powers and duties are aware of the responsibilities assigned to them, and the various strategic and statutory documents that guide decision making under delegated authority.

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3 Section 5.46(2) of the Act require that Delegations are to be reviewed at least once every financial year. A review of the City’s Delegations has been undertaken, with this report detailing the outcomes and recommendations of that review. Monitoring of the Delegations Register occurs throughout the year. In many instances, required changes relate to matters of sub-delegation or appointments that the CEO is responsible for. These changes include a change in Officer role, new roles or a change in the level of responsibility for a particular role. These changes are administered by Governance, authorised and endorsed by the CEO and appropriate records are kept. Following Council’s endorsement of this review, the CEO will then be charged with reviewing and approving all levels of sub-delegation.

DETAILS

4 The current 2018-2019 Delegation Register incorporating proposed changes for 2019-2020 is included as Attachment 1. Changes in the Delegation Register (Attachment 1) are marked up as: a) A proposed amendment is displayed as red underlined text. b) Text proposed to be deleted is displayed as red strikethrough text.

5 A summary table of the proposed amendments and revocations to Delegations and one new Authorisation is tabled as Attachment 2 to this report. Overview of Proposed Changes

6 This review proposes a number of changes which have been grouped according to the action proposed, and summarised as:

Category of change No of Delegations Revoked – Not required 3 Revoked - Consolidated into existing delegations 4 Amended 18 Category of change No of Authorisations New 1 Revoked – Not required

7 Three Delegations are proposed to be revoked, deemed as not being required:

Delegation No Delegation Title Description 45 Rates Exemptions Council Policy FM.10 Rating Concessions for Community Groups has been amended and is being presented to Council. The amendments include directing the City to apply Rating Concessions that meet specific criteria contained in the policy and eliminates any discretion to City Officers when implementing the policy. The policy is proposed to be adopted by Absolute Majority and the CEO will implement the policy pursuant to section 5.41(c) and (d), therefore, no delegation is required. 68 Make, vary or discharge a Policy CM.109 Executing Documents has undergone contract a review and is being presented to Council at the June OCM. The policy categorises documents and provides authority to City Officers to execute the documents. Adoption of the revised policy would

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Delegation No Delegation Title Description negate any requirement for this delegation. 305 Rights of entry and inspection The underlying legislation of this Delegation is the Planning and Development (Local Planning Schemes) Regulations 2015. This legislation grants the power to the CEO, and therefore does not require delegation from Council.

Revoked – Consolidated into existing delegations

8 Four delegations are proposed to be revoked, as the delegations have been consolidated within existing delegations:

Delegation Delegation Title Description No 44 Authority to extend or withdraw This function was able to be consolidated into infringement notices Delegation No. 1 62 Appointment of Authorised Officers With the inclusion of section 9.13 in Delegation No. 1, there is no further requirement to have this as a separate delegation. 300 Consultation and Referral This power and duty is now included as part of Delegation 213. 304 Recommendations to Joint This Delegation is now provided for in Development Assessment Panel Delegation 302. (JDAP)

Proposed New Authorisation

9 There is one proposed new Authorisation. This particular legislation does not permit Council to delegate this function to the CEO, therefore Council is required to make the appointment.

Authorisation Authorisation Title Description No An Authorisation under the Caravan Parks and 851 Appoint authorised persons to issue, Camping Grounds Act 1995 to appoint persons extend or withdraw infringement to carry out the powers and duties of an notices. authorised person, including the regulation of caravan parks and the issue, extension and withdrawal of infringements. The City has one registered caravan park. Proposed Amended Delegations

10 There are 18 delegations the City recommends be amended:

Delegation Delegation Title Description No. 1. Amend title to Appointment of 1 Appointment of Authorised Persons Authorised Persons for the Issuing of for the administration of the City's Infringement Notices and Administration Local Laws and Enforcement of the City's Local Laws.

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Delegation Delegation Title Description No. 2. Include legislative reference to Regulation 70(1) and (2) Building Regulations. 3. Insert new Part 5, 6 and 7 to allow the appointment of authorised officers to issue, extend and withdraw an infringement under the Building Act, following a legislative change to the Building Regulations 2012. 4. Add section 9.13 to the Legislative Reference of Power or Duty Delegated of this delegation. Making these proposed changes consolidates Delegation No. 44 and 62 into this delegation and subsequently Delegations No. 44 and 62 are recommended for revocation. 3 Compensation for Damage Added new part 3: Compensation for damage to personal property may also be paid in instances where the City’s insurance has not accepted a claim, or the excess on the insurance policy exceeds the value of the claim. Any such payments would be subject to entering into a deed of settlement. 16 Control of Unvested Facilities Remove reference to rescinded policies: ET500, ET502, ET503, ET506, ET512, ET516, ET519 and add reference to new policy RS.01 Construction Within Road Reserve and RS.02 Road Reserve Management. 18 Control and Management of Reserves Remove reference to rescinded policy ET511 and add reference to new policy RS.01 Construction Within Road Reserve and RS.02 Road Reserve Management. Amend Condition 4 from reporting tenders 25 Tenders for Goods and Services awarded under delegated authority to Council, to all tenders are to be published on the City’s website. Amend Condition 2 to remove rescinded 46 Private Works in Public Places policies (ET501, ET512 and ET518) and include new policies RS.01 and RS.02 and refer to correct part of Consolidated Local Law for Verge Treatments. 58 Investments Remove Condition 2: as the required reporting requirements are outlined in policy AF306 - Investments, Part 10 – Reporting. Amend Condition 3 to: Any contract awarded 67 Panels of Pre-Qualified Suppliers for to a pre-qualified supplier in excess of Goods and Services

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Delegation Delegation Title Description No. $150,000 is to be reported on a quarterly basis. The current delegation stipulates monthly reporting. The amendment proposes reporting on a quarterly basis to align to the existing practice (quarterly). Amend condition 2 by including reference to 70 Disposing of Property policy CM.109 Executing Documents. NOTE: This is a delegation from WAPC and 209 Strata Title Certificates NOT a Council delegation Amend in accordance with recent gazettal of an updated delegation from WAPC: Determine applications for the issuing of Certificates of Approval under Section 15 of the Strata Titles Act 1995, in accordance with the Instrument of Delegation DEL 2020/01 Powers of Local Governments. 1. Update reference from Town Planning 213 Development Approval Scheme No. 40 to Local Planning Scheme No. 42. 2. Rewording of the Power or Duty being Delegated. 3. Addition to Part 2: “and proposes a variation to building requirements of the applicable state or local planning framework.” Inclusion of new Part 5: “Amendments to applications previously determined by Council, where the amendments result in additional valid planning matters for consideration.” 4. New condition 2 and subsequent renumbering: “Where an application is determined by Council, any subsequent amendments to that approval that do not involve additional valid planning matters, may be assessed and determined under this delegated authority.” Incorporating these proposed changes into this delegation also results in the revocation of Delegation No. 300. 214 Variations to Town Planning Schemes Update Condition 2 to reflect Local Planning 17A and 21 maps Scheme No. 42. 215 Applications For Review Add: 1. Executive Manager Safe Canning. 2. Senior Building Surveyor. 3. Senior Compliance Officer. Subdelegation is not permitted under this legislation and therefore Council are required

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Delegation Delegation Title Description No. to delegate to appropriate Officers. 301 Subdivision Conditions Part 1. Amend Town Planning Scheme to Local Planning Scheme. Part 1a) Insert State Planning Policy 7.3 Vol 1. This delegation allows Officers to provide 302 Recommendations to external referral responses to external authorities such authorities as the WAPC, DPLH, DBCA, Department of Housing and the Metro Central JDAP where the City is not the determining authority.

1. Amend power and duty delegated to: Providing comments and recommendations to an external authority where that authority is responsible for making determinations on applications for development approval or relevant approval permits. 2. Reword Condition 1 and insert new condition 2. Incorporating these proposed changes into this delegation also results in the revocation of Delegation No. 304.

322 Liquor Certificates Add Senior Planning Officer as a Delegate. Subdelegation is not permitted under this legislation and therefore Council are required to delegate to appropriate Officers. 404 Removal of Signs and Hoardings Remove Condition 1 as policy no longer exists: “1. Compliance with the provisions of the City’s Policy SRS-206 and/or specific resolutions of Council.” 441 Annual Review of Town Planning Reword the power and duty delegated to: Scheme 21 Scheme Costs Undertake and approve the annual review of the estimate of scheme costs for the City of Canning Town Planning Scheme No 21 annual scheme costs review in accordance with the provisions of that Scheme.

11 Attachment 2 tables all recommended changes and reasons for the proposed amendments.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

CONSIDERATIONS

Legal Compliance

12 Delegation means the process, prescribed in legislation, for assigning authority to exercise an express power or duty from the delegate to another person (named by position title or office) or an entity.

13 Section 59 of the Interpretation Act 1984 prescribes how delegated authority is to be structured in Western Australian law: a) The written law (Head of Power) must include an Express Power to Delegate which specifically enables a person (the Delegator) to make a delegation. b) In that same written law, there must be an Express Power or Duty conferred or imposed on the Delegator and it must be capable of being delegated. This means that the power or duty proposed for delegation: i) must be written in the same law as the Express Power to Delegate; and ii) that written law must not: - prohibit the power or duty from being delegated; or - contain limitations or conditions, which the proposed delegation exceeds. c) The power to delegate cannot be delegated. d) Delegations must be in writing. e) Delegations must be advised to the Delegate in writing.

14 These prescribed requirements from the Interpretation Act 1984 apply to all delegations under Western Australian law, including the Local Government Act 1995 and all other Acts under which the local government has powers and duties. For a delegation to be valid it must evidence compliance with the above Interpretation Act 1984 requirements. Local Government Act 1995

15 Section 5.42 allows for delegation of some powers and duties by the Council to the CEO. All delegations are to be in writing and must be determined by an absolute majority of Council.

16 Section 5.43 lists the powers or duties that a local government cannot delegate to the CEO.

17 Section 5.44 permits the CEO to delegate to an employee of the local government and also lists the conditions that extend to this.

18 Section 5.46 requires the CEO to keep a register of delegations made to the CEO, and to employees. This section also requires that delegations made are to be reviewed by the delegator once every financial year. It also requires any person to whom a power or duty is delegated to keep a record as prescribed by Regulation 19 of the Local Government (Administration) Regulations 1996, relating to the exercise of the power or the discharge of the duty. These records do not necessarily need to be kept in a dedicated file. The requirement is satisfied as long as documentary evidence can be produced. For example, a letter of development approval to an applicant would satisfy the ‘written record’ requirement.

19 A decision to make, amend or revoke a Delegation requires an absolute majority vote of Council.

Policy Implications

20 Where Council policy exists on a matter of delegation, compliance with the policy is to be adhered to.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Financial Considerations

Business Plan

21 Not applicable.

Internal Budget

22 There are no budgetary impacts relating to this review of delegations.

Asset Management

23 Not applicable.

Sustainability Considerations

24 Not applicable.

Consultation

25 Governance presented the proposed changes to the Executive Team and has consulted with relevant Executive Managers.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Compliance with Instruments of Section 5.46(2) of Delegation the Local authorised by Government Act Council and 1995, Council CEO. Policies, and Delegations other applicable Register Acts and updated with Regulations. changes as Officers are adopted. Officer appropriately Recommendation Delegates and authorised. approved by the authorised High Almost Certain Moderate Council (positive Delegations Officers receive (Opportunity) outcomes) Register is appointment Opportunity A legislatively instruments in compliant. writing. Effective leadership and good governance. Effective and timely decision making. Process efficiencies. Officer report Officer validates the Recommendation Perception that concept and approved by the that decision benefits of Medium Possible Minor Council (negative making should be delegation. (Risk) outcomes) retained by Council policies Risk B Council. guide and support

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity decisions made under delegated authority.

Possible Review compliance undertaken breach. with reference Officer to WALGA Recommendation Staff may not be template. Medium deferred by the appropriately Possible Minor (Risk) Council authorised. Consultation Risk C May adversely with Executive impact on Team. decision making processes. Compliance breach. Staff not appropriately Review authorised. undertaken with reference Officer CEO unable to sub to WALGA Recommendation delegate. template. High declined by the Likely Significant (Risk) Council Applications / Consultation Risk D decisions required with Executive to go before Team. Council.

Reassess level of sub delegation from CEO to Officers.

COMMENT

26 The approach to the annual review of delegations is one of a continuous improvement process, as well as ensuring legislative changes are monitored and reflected in the Delegations Register. Presenting this review of Delegations to Council for consideration is required prior to 30 June 2020 to meet statutory requirements.

VOTING REQUIREMENT

27 Absolute majority (Local Government Act 1995, Section 5.42).

AGENDA BRIEFING COMMENT

28 Not applicable.

Page 40 CC-026-20 Review of Delegations of Authority CC-026-20

Item CC-026-20 - Attachment 2 Table of Proposed Changes (in Delegation No. order) - Review of Delegations 2020 l al . on i and n of and and and to uction rve io , e l ue tr ia City's Building l egat r new l es e va presented R d extend the ET519 the d Cons elegat , Notices s crite i d e ad Counci rge the to h an u o s 01 t i fic . R i include to ss Ve i ed ement. th T516, . d RS where l E d ty 02 nto i i . to for of r an spec cy S o change li sett R exceeds 62 th Law po amen of ve T512, i icy Infringement E au l meet and and at evocation. be o egated ETS18) l officers d instances l r of l p l new Regulations d n 44 deed Local i De that wi egis a for se to and d l ng i i i s ET506, egate eserve a No. l d p l ed ons pa e i nto Issuing d i Duty . d d R ng e idated on l r i i Bui . b 503, nsurance ETS12 i author Grou T the ing r o Roa f E ow r so l (2) e l o , ty reference i n a Laws under i the for Concess Conso fol ow th dd ente Delegat and i P on ed ecommen of a ng (ETS0l, r i d may ET502 W to Act, of Local 1 te i Management 0(1) s ' Rat and are on cy. part Persons 7 o. dates Commun i i icies l awar li N ding excess o ence 62 s ppointment il on City r uct pol r p webs i for ETS00, a r subject : apply Bu property at the ET511 l efe l and the Reserve es conso the be correct ty's R i the to i or he cy c tende C i i t of 44 Const l l so to l r Regu o o ow Authorised a l l p p CEO Road 01 Delegation apply the ersona . rescinded a No. to of would p claim, n refer he i ed 02 unde to RS . Concessions on t to a d t d d to y egislative ove nded n d 7 RS c L i i reporting Change li ne an m changes i ted e etion p ating esc esc r ishe 2020 po r and Enforcement the direct l r r 02 and R eference . l r 6 sc payments from to i . ngemen to to to , RS damage i conta Delegations 2 d acce 4 pub wil ve and r new oposed i Appointment 3: y t 5 r 13 l h nfr r . t i fo on on P at such be to a l r i FM.10 not and 9 to 2012 proposed any f t P iti i Reserve e o to on an pa cy i t 01 whic i . egis Any e has , l title ts. l r . ond na reference reference Delegations i new a RS Pol these Cond C Road new erence l adequately section f ude n of es men s ance ng i i i ove i re thdraw subsequent r elim cl claim i ic s th l n nsert m Counci i ll i I Regulations w I Administration i ew emove e . he i nsu Management Mak R R w 4.Add W 2 add 3. and Counci Compensat i Description po Amend 1.Amend Added Amend t tenders Th to Treat order) Rev . r o No e e d d k k Revoke Revo Revo Amend Amend Amen Amend Amen Amend Amend Delegation raw n ces on i i f d ( o ties i laces l erv ge sed P i S a with r ent aci ic l nistrat i m i or am d F and D ub d m Laws Changes ces s P d i I Autho d a for o ed in ons s of i not o s exten Loca Manage k G the Title Unveste d to ent for for of an m Propo Wor ty i City's Exempt ntment ensation ol i of r p nge i he sons es vate r t t i OF eserves a nfr able Pe Pr R R i Delegation Appo Author of Cont Com Control Tenders T - CITY CANNING 4 ons . i of 1 No 5 Delegation 18 1 16 25 3 44 4 46 t:?• ~, Delegat Page

Page 41 CC-026-20 Review of Delegations of Authority CC-026-20

Item CC-026-20 - Attachment 2 Table of Proposed Changes (in Delegation No. order) - Review of Delegations 2020 r fo is a . , 2 or on - 0 00 Strata 4 valid by Local , of . for e ement il h of ." ir . t No state s Council $150 r AF306 of by of requ reporting cy Counc 15 i additional Powe further to the revocation authority determined Scheme on pol i ve no l is consideration." excess applicable in Documents ng s the i i oposes d in r Sect n e for ng WAPC: p i invo tion r i the negate ne determined ann 2020L01 a brought l . li ts d he l of l t not delegated l P from under out DEL 1, esu l eing Execut do supplier r . wou applic b matters this 9 on Loca i are s revoked i No an icy 10 l to that also previously . delegation amendment be . egation on 0 42. egat l i po l and 4 under on Approva CM i e . to d de requirements D The planning ements No. of sed r egat i icy No . l "Where l ed of egat : Council ui pre-qualified l t o ev approval ng q De r a a valid ng e de i rti eviewe r o p (quarterly) r to t applications s o to he i building upda that proposed p Scheme h ng NOT determined ce f t to i Delegated Scheme 13 t e s i . on. i t to of r o to i r 9 ct Certificates been . y ng ng l a i i s 2 on nto and r and on Instrument i i i of enumber p egat additional r rt be of repo l has eference lanning awarded ann r l P the ng in Pa ty de egat . P l gazettal l u month ti red variation i s Adopt th anges WAPC to uent D i i ence de h a issuing r q . " w c assessed . e ex Loca Amendments basis or f ates result " amendments d l Town r requ e contract this the be recent u r from e ocuments including 5: ect r the OCM p separate subse Change D t fl the r fo s ow dance e sti by i to Any Reporting r from r P may 2020 with h ng : proposes 2 Pa une i as efore t , and J r on gn propose slative to to ons quarterly i i 0- 2 framework 2: ti the ti 2 acco 1 3 he o al tion eg oposed new t the l i subsequent "and ca r on of have in on dance 300. d t d delegation ega i to d on li on P on r l Execut ti t . at of i these i of . a f e Par matters iti to 9 iti an reference the any , d o con the amendments the No s app ng , on on 10 t i i acco i . planning on basis 1995, ng s i s i s ents ent i cond i Cond it nd n Delegations on us ne Cond i Cond i d m m e ti Th cl ud CM Act reported m of re deration egat cl r where i Update Rewording In Ad local E: i current l New planning Council Am cription n ega T es icy i l s l be l t de ew . equ i nvestmen ncorporat 1. 1. By De Po Remove Dete Update I I 2. a cons 3. quarterly to Govern r De NO Amend Amend 4. Ti The 5 Rev r o e e d d k k Revoke Revo Revo Amend Amend Amen Amen Amend Amend Amend a sed i l anning maps l and ty 1 P r rova 2 e Author p ficates scharge pp i i ualified o d A r of and Q Town Goods P r Title or Cert 7A to of fo Pre- 1 ry tle a i ng of v i ons T ntment i opment iers s i act l l l ces r i at i r spos OF eve i ane nvestments Make, P D D I Delegation Appo Va cont Schemes Strata Supp Serv Officers CITY CANNING 4 . of 2 No Delegation 214 209 213 62 67 68 58 70 ~, t:?• Page

Page 42 CC-026-20 Review of Delegations of Authority CC-026-20

Item CC-026-20 - Attachment 2 Table of Proposed Changes (in Delegation No. order) - Review of Delegations 2020 to the not an approve CEO as is to to on met. the and City such c) to ons i es been i the to required Make a) - are have . l where authority with authorit only determinat 3 recommendations JDAP Counci l grants . permits. and conditions l and external 79 1 making consistent all required. to Centra for use entry. are therefore Scheme la not le . approva C of where 213. , and Metro that comments Functions 302 2. responses ponsib ing the l power Planning approval relevant l res of and is egation or l Provisions), 1 proposals Provid legislation Loca l Delegation subdivision referra undertake . De condition exists: of Council to of Vo to: to in this purpose ** Housing egate 7.3 new l for part authority - approval support (Deemed provide of longer the icy De as 2 egated to . under l Scheme to a that no d for le ing insert Pol authority conditions de rs as cy i ng itte of opment i l provided WAPC Change and Cann officers cer i duty pol 1 where included Office Schedu 2020 Planning officers the is perm deve as Off Department Plann been Safe as and Officer y Sub-delegation 1 veyor delegated to t r for not authority. is of clearance has du on allows red Town Su i is Proposed State iti ance DBCA, g authority i Condition on power for of i in appropriate Planning and d requ tion authorised Manager il Officer a to or Cond Delegations i Amend g egat DPLH, l Bu Compl le Condition of la)lnsert 1. Reword Amend external applications power Delegation de Sen or or determining i i longer art . Planning No Executive P Remove Part WAPC, recommendations applications 2. designate delegate Sen Sen Subde CEO's Description 1 Add: Add the This This This Review or Revoke Revoke Revoke Revoke Amend Amend Amend Amend Amend Amend l Panel ardings externa Ho Joint inspection to to Referral and Review and Assessment and For Conditions Signs Title on entry of ons on i ti Certificates tati of l opment vis l i ica l uor OF Liq Rights Recommendations Removal Deve Recommendations (JDAP) Delegation App authorities Subd Consu CITY CANNING 4 of 3 No. Delegation 215 305 322 300 301 304 302 404 ~, t:?• Page

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Item CC-026-20 - Attachment 2 Table of Proposed Changes (in Delegation No. order) - Review of Delegations 2020 on int i at l of ppo of a the regu th to i City w the the 1995 ing r resolutions d fo Act inclu accordance costs specific r in nfringements. i Grounds person, and/o d of scheme l review of rawa costs Camping SRS-206 mate i authorise thd cy i wi est and an e Pol of scheme th and l of Parks ty's ties i C du ew to: annua i the 21 and rev extension of l Caravan No ssue, the i delegated annua powers Change the the Scheme the provisions duty 2020 under and out the and on Change y Scheme. ks i r r th i a of approve Proposed Planning p car that of power f to wn and o avan iption To r Delegations r the Authorisat l. i ca of sions i persons Desc of An Compliance w eword 1. Undertake R Counc Canning prov Description or Review or or ew evoke R New N Amend Revoke Amend Amend sed i s.17(1} Changes Scheme to author Town 21 of of suant Title ew Title i Proposed pur Scheme of Rev persons Appointment OF anning Table Delegation l - P Delegation Annual Costs CITY CANNING 4 of 4 No. . Delegation No 851 Authorisatio 441 ~, t:?• Page Authorisations

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Item CC-026-20 - Attachment 3 New proposed Authorisation 2020 - Council to Officers Authorisations - Council to Officers

Authorisation No 851

Title of Authorisation Appointment of authorised persons pu rsuant to s.17(1) :aravan Parks and Camping Grounds Act 1995

Authorisation No. 851 Rel ated Delegation No N/A

Relevant Legislation Caravan Parks and Camping Grounds Act 1995

Title of Authorisation

Appointment of authorised pe rsons pursuant to s.17(1)

Description of Authorisation 1. For the purposes of Part 2 - Regu lation of caravan parks and camping grounds 2. For the purposes of Powers of entry [s .18] 3. For the purposes of Legal proceedings [s.22] 4. For the purposes of issuing infringement notices [s.23(2). 5. For the purpose of extending [s.23(5)], and withdrawing infringements [s.23(7)] .

Conditions of Authorisation 1. Each authorised person must be issued with an identity card, in the prescribed form - Form 5, certifying that the person is an authorised person under this Act. [s.17(1)(b)]

2. A person who is authorised to issue infringement notices is not eligible to be an authorised person for the purposes of extending or withdrawing infringement notices.

Appointed Authorised Officer Part 1, 2, and 4 only Environmental Hea lth Office r Compli ance Officer

Part 1, 2 and 5 only Executive Manager Healthy Canning Senior Environmental Health Officer Senior Compliance Officer

Part 3 Chief Executive Officer Director Susta inable Development Executive Manager Hea lth Canning

Additional Information

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

CC-027-20 Adoption of Amended Policy CM.109 Executing Documents

PROGRAM: Canning Community and Commercial SUB PROGRAM: Governance Canning FILE REF: Q20/90 REPORT DATE: 3 June 2020 REPORTING OFFICER: Karen Cornish - Supervisor Governance & Compliance RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration. Community Goal: Effective leadership and good governance. Council Strategy: Comply with legal requirements. Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Review of CM.109 Executing Documents (proposed revised policy) (D20/6378). 2. Policy CM109 Executing Documents (Adopted 15.7.2014) (D14/86437).

In Brief: Council is being asked to adopt the revised Policy that provides a more effective framework to ensure guidance on the appropriate level of execution for the City of Canning’s (the City) documents ensuring consistency and transparency. The revised Policy also ensures that the City’s common seal is applied, and documents executed in accordance with the provisions of the Local Government Act 1995. The adoption of this Policy will complement the Review of Delegations item also being presented to Council.

OFFICER RECOMMENDATION That Council adopts amended Policy CM.109 Executing Documents, as contained in Attachment 1.

Relevant Council Resolutions

Council Meeting and Date Report No Decision 1. In accordance with section 9.49A(4) of the Local Government Act 1995, authorises the Chief Executive 15 July 2014 Officer to execute the Ordinary Council Meeting following documents, whether CR-056-14 in the form of agreement or deed, on behalf of the City of Canning: a) Instruments of Caveat; b) Renewals of Lease; c) Licences granted by the

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Relevant Council Resolutions

Council Meeting and Date Report No Decision City for consideration of less than $10,000. d) Applications, Modifications and Removal of notifications under section 70A of the Transfer of Land Act 1893; e) Applications for and removal of easements and other legal agreements, for the purpose of drainage or imposing conditions arising from subdivision of land and planning approvals or road widening; f) Licenses for bores, wells and jetties, where the CEO is satisfied the City’s interests are being served; g) Applications for new titles and related disposition statements arising from subdivision of land and planning approvals, or as a result of refinancing or administrative amendments; h) Grant funding agreements where previously the subject of Council approval; and i) Carer funding agreements, and variations to carer funding agreements. 2. Pursuant to s5.42(1) of the Act delegates authority to the Chief Executive Officer to negotiate and agree future carer funding deeds, agreements and variations to those deeds or agreements. 3. Pursuant to s9.49A(4) of the Act, authorises the Director Community Development, Manager Care Services and Manager Disability and Youth Services to sign future Carer funding agreements and variations to those deeds or agreements. 4. Repeals Policy CM109 Executing Documents (Approved 15 April 2014). 5. Adopts revised Policy CM109 Executing Documents as submitted to the Ordinary

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Relevant Council Resolutions

Council Meeting and Date Report No Decision Council Meeting of 15 July 2014.

BACKGROUND

1 The City’s approach to executing documents is guided by its Policy CM.109 Executing Documents (the Policy). The Policy was previously reviewed in April 2014. A further review has identified additional types of documents that the City executes regularly, which are suitable for execution by the Chief Executive Officer (CEO) or an authorised Officer. The Policy also describes documents that require the City’s Common Seal to be affixed and ensures that the execution of documents is carried out in accordance with the provisions of the Local Government Act 1995 (the Act).

DETAILS

2 It is important to put in context that by adopting this Policy, Council is not authorising the CEO or any Officers with the power to negotiate the functions or duties as listed in the Policy. The purpose of the Policy is to ensure documents are executed according to this Policy, when relevant decisions or approvals have been committed to by Council or the City.

3 Tracked changes were not used to reflect the review of this Policy as the changes proposed are so extensive, involved re-organisation of the structure and the inclusion of new parts.

4 The various parts to the Policy are discussed below: a) A new Part 3 of the Policy defines the two ways in which a document can be validly executed, that is, by affixing the Common Seal or without. Part 3 also requires that a register of documents executed under Common Seal be maintained. The City already maintains a Common Seal Register, however the change formalises this and identifies the details the register is to contain. b) Part 4 of the Policy classifies documents into three categories. Each category sets out the execution requirements and details a list of document types and who is authorised to execute the documents: i. Category 1 documents are required to be executed under Common Seal and this requirement is often dictated by law, for example local laws and planning schemes. ii. Category 2 is the majority of documents dealt with by the City. Whilst generally not executed under Common Seal, there may be times where this is appropriate. iii. Category 3 are operational documents that are transacted as part of the City’s day to day operations and do not require specific authorisation by this Policy. c) Part 5 provides guidance on what prevails should any inconsistency arise. d) Part 6 identifies the conditions or restrictions as set out by Council that apply when implementing the Policy. These conditions ensure that Officers are only executing documents relative to their area of responsibility, and up to a financial limit as determined by the CEO and requires Officers to be fully informed on the matter they are executing when implementing this Policy. e) Part 7 provides the authorisation for agents to execute certain types of documents on the City’s behalf. For example, the lodgment of forms for certain land matters are now required to be lodged electronically and only a particular class of persons can perform this function. f) Part 8 sets out documents that may only be executed by a person who holds a position authorised to execute documents under the Policy, or someone appointed to act in the authorised person’s position.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

g) Part 9 defines situations where the CEO is unavailable, due to an unplanned and temporary absence and in such circumstances, Directors may execute documents subject to certain conditions.

CONSIDERATIONS

Legal Compliance

5 Section 2.7(2) (b) of the Act determines that the role of Council is to determine the local government’s policies.

6 Section 2.5 of the Act confirms that the City is created as a body corporate with a common seal.

7 Section 9.49A of the Act prescribes the mechanisms by which the City executes a document.

Policy Implications

8 Not applicable.

Financial Considerations

Business Plan

9 Governance Canning.

Internal Budget

10 There are no costs associated with the adoption of this amended Policy.

Sustainability Considerations

11 Not applicable.

Consultation

12 The amended Policy was presented to Elected Members at a Strategic Information Briefing on 4 February 2020. However, due to the COVID-19 pandemic, only essential matters were brought before Council and the June 2020 Council Meeting represents the first appropriate opportunity to bring this matter to Council.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Governance tool to guide the appropriate Awareness governance of sessions and Officer executed education of Recommendation documents. pertinent approved by the Medium officers. Possible Moderate Council (positive Effective (Opportunity) outcomes) framework to Efficient Opportunity A guide operational execution of activities. documents. Clarity and direction to align with the Act. Officer Not applicable Not applicable Not applicable Not applicable Recommendation Not applicable approved by the

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Council (negative outcomes) Risk B Consultation with City Officer Officers and Recommendation Elected Medium deferred by the Operational Members. Likely Minor (Risk) Council inefficiencies. Benchmarking Risk C against other local governments. Officer Operational Recommendation inefficiencies. Medium declined by the Likely Minor As above. (Risk) Council No clear guidance Risk D to City Officers.

COMMENT

13 It is recommended that Council adopt the revised Policy CM.109 Executing Documents. The Policy provides guidance and clarity on the appropriate level of execution for the City’s documents, whilst ensuring it also meets the provisions of the Act.

VOTING REQUIREMENT

14 Simple majority.

AGENDA BRIEFING COMMENT

15 Not applicable.

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Item CC-027-20 - Attachment 1 Review of CM.109 Executing Documents (proposed revised policy)

G; CITY OF CANNING

POLICY

TITLE : EXECUTING DOCUMENTS I CODE : I CM.109 PURPOSE or To provide guidance on the appropriate method of execution of documents and use of the OBJECTIVE: Common Se al.

LEG ISLATION: Local Government Act 1995

POLICY STATEMENT

Establish protocols for affixing and administration of the City of Canning's Common Seal and establish authority for the Chief Executive Officer, other employees and Authorised Agents to execute documents on behalf of the City of Canning in accordance with the provisions of the Local Government Act 1995. ( / 1. Scope This policy appli es to t he Chief Executive Officer (CEO), City employees and Authorised Agents preparin g documents for execution and/or who have been authorised either by a specific resolut ion of Council, or t hrough the provisions of this policy, to execute documents on behalf of the City.

2. Definitions Act Local Government Act 1995

Authorised Agent The City's legal advisor(s) or settlement agent(s), as appoin ted from time to time, who are authorised to t he extent described wit hin a written instruction approved by the City to execute documents on behalf of the City.

City The City of Canning.

Common Seal The official stamp of t he City of Canni ng, confirming the City's consent to t he provisions contained in the document to which it is affixed.

Document Any paper or electronic document, including communications such as letters and emails, w hich: a) Conveys a decision; or b) Establishes an obligation on t he City; or c) Is ceremonial. Execute Doing all that is ready to make the deed, agreement or document operative.

3. Common Seal (ways in which a documents may be executed) a) A document is considered validly executed if t he document has been signed in one of the following ways:

i. By affixing the Common Seal of the Council in the presence of: ii. The Mayor and the CEO; or iii. The Mayor and a Senior Em ployee authorised by the CEO .3

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G7; CITY OF CANNING

iv. Wit hout affixing the Common Seal, by t he CEO, another employee or age nt of the local government w ho has been authorised by resolution of t he Council to sign documents on beha lf of the City'. Such resolution may be specific to the nature of the document or may be by way of t his policy.

b) The City shall maintain a Register of Documents executed under Common Seal that:

i. Details all transactions where the Common Seal has been affixed; ii. Records each date on which the Common Seal was affixed to a document; ii i. Records t he nature of t he sa id document; and iv. Records t he pa rt ies to any agreement to which the Common Seal was affixed.

c) The CEO, or an employee nominated by t he CE O, shall be responsible for the safe custody and proper use of t he Common Seal.

4. Categories of documents and authorised signing authorities Documents, common to the City, are grouped into three categories. The way in which a document is to be executed and who has the authority to execute a document is based upon its category. This policy defines those categories and the City employees (or agents in some cases) who are authorised to execute listed documents.

Category 1

Category 1 documents require the City's common seal to be va lidly affixed and requires that:

a) The matter is specifically resolved by Cou ncil, inclusive of a resolution to execute t he resulting document under t he Common Seal ' .

b) Council, by way of a specific resolution, has authorised the CEO, another employee or an Authorised Age nt to sign t he documents on behalf of t he City2•

c) Documents are to be recorded in the Register referred to in part 3{b) of this poli cy.

d) Documents classed as Category 1 and the person{s) authorised to execute the documents are defined as :

i. Local Laws - made and amended ii. Plann in g Schemes - adopted and amended iii. Fina ncial Co nt racts Executed under Common seal in accordance with part 3(1) {a) of this policy iv. Mortgages {that encumber City assets) v. Loans and De bentures vi. Power of Attorney to act for t he City

Category 2

a) Council has au thorised, via t his policy, the CEO, another employee or an Aut horised Agent to sign documents on behalf of the City'.

b) The common sea l is not required to be affixed. However, due t o an intern al or external historical practice, or in the opinion of the CE O, the document is sufficien tly complex, or significant in nature t o warra nt t he affixing of the Common Seal.

c) If the Common Seal is to be affixed, it will be ca rried out in accord ance wit h part 3a) I, and the document is to be recorded in the Register refe rred to in part 3{b) of t his policy.

d) The Mayor may be request ed to execute documents as a co-signatory wit h the CEO, if considered appropriate by t he CEO.

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Item CC-027-20 - Attachment 1 Review of CM.109 Executing Documents (proposed revised policy)

G7; CITY OF CANNING

e) Documents classed as Category 2 and the person(s) authorised to execute the documents are defined as:

i. Land Dealings-sale•, pu rchase *, easements, restrictive covenant s *Refer also Port 4(k) CEO and Mayor (where requ ired) Note:Based on execution clause and requirements of specific documents. ii. Landgate Instruments of Registration/Notification: a. Caveats - registering or removing b. Notifications under s.70A of the Transfer of Land Act 1893 c. Memorial of Advertisement CEO d. Leases (which are approved by Council) e. Deeds f. Lega I agreements iii. Deeds of se ttlement CEO iv. Memorand um of Understanding CEO or Director v. •Procurement Contracts in cluding contract variations CEO, Director, Executive Manager •can only execute documents up to a maximum of their authorised financial or Manager limit, as determined by the CfO.

vi. Service Agreements (incoming or outgoing services) CEO or Director vii. Grants and Fund in g Agreements (incoming and outgoing) CEO or Director

Category 3

a) Documents and correspondence that are created in the norma l course of business to discharge the duties of an officer's position, in a ma nner consistent with section 5.4l(d) of the Act, do not require specific authorisation through this policy. Such duties may be undertaken by employees where the authority and accountability has been extended through an authorisation, delegation, policy, CEO Instruction, position description or 'acting through'.

b) The following documents are authorised to be administered and executed as Category 3 documents In the manner as described:

i. Administer and execute leases or licenses to occupy the City's CEO or Director or Executive owned, operated or managed facilities relat ing to: Retirement Manager Villages, Independent Living Units, Community Houses, Canning Lodge and Crisis Accommodation i. Administer Offer and Acceptance forms and associated documents re lating to the purchase or sale of property. CEO or Director Cann ing a. **All offer and acceptance forms must in clude a condition Community & Commercial stating: "Subject to approval by way of resolution of the Council of the City of Canning."

5. Interpretations a) In the event of any inconsistency, t he fo llowing takes precedence over this policy: i. Legislation. ii. Formal requirements of a Commonwea lt h or State depa rtment, authority or agency. iii. Specific Counci l Resolu t ion. iv. The City's Register of Delegated Authority (including the CEO' s Register of Sub-delegations).

b) Should ambiguity ari se over what category might apply to a document, then t he lower category is to take precedence.

6. Conditions / Restrictions

a) Where the document proposed to be executed has a nominated financia l impact, employees can only execute documents up to a maximum of their authorised fina ncial limit, as determined by the CEO.

b) Employees are restricted to executing documents, accord ing to this policy, t hat are directly related to their area of responsibility.

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Item CC-027-20 - Attachment 1 Review of CM.109 Executing Documents (proposed revised policy)

G7; CITY OF CANNING

c) It is t he responsibility of the employee aut horised to fully inform t hemselves of the matter they intend to execute on behalf of t he City.

d) The CEO will ensure su itable syst ems and procedures are in place for the effective and compliant administration and authori sation of this policy.

7. Execution of documents by Authorised Agents on behalf of the City a) Lawyers, including any lawyer employed by the City t o act on its behalf for a matter may, where so instructed:

i. Sign and lodge court documents on behalf of t he City ii. Electronically execute land transaction documents identifi ed in t he table in Part 4 i) i. and ii. in accord ance with t he Property Exchange Australia (PEXA) process; iii. Sign such other documents as instru cted by the City from time to time. b) Employees are to ensure an appropriat e level of authority and approved budget is obtained pri or to instructing lawyers to act.

8. Signing documents on behalf of another person a) A document may only be executed by a person who holds a position authorised to sign documents:

i. Through Council's adoption of this policy; or ii. By a specific resolution of Council.

In the absence of an authorised person, another person may only execut e the document w here t hey have been appoin ted to act in the authorised person's position.

9. Signing documents (other than by Common Seal) during temporary, or unplanned absence of the CEO a) In this sect ion, a temporary, unplanned absence refers to the CEO be ing unable to carry out t he duties as described in this policy due t o, but not limited to: i. Delayed travel arrangements; ii. Incapacitated due to accident or illness; iii. Persona l reasons.

And such temporary, unplanned absence is not expected to exceed 48 hours, after which t ime, t he CEO would consider appointing an Acting CE O, in accordance with Delegation No. 51 - Appointment of Acting Chief Executive Officer. b) Where the CEO: i. Is temporarily unava ilable or incapacitat ed to execute documents requiring t he CEO's signature; and ii . No Acting CEO has been appointed.

The City's Directors are authorised to execute documents that the CEO is authorised to sign under t his policy, su bject to the following: i. This authori ty does not apply to Category 1 documents identified in Part 4 of this policy. ii. It is predicted that delaying t he execution of a document would have financial or legislative repercussions for the City. iii. This aut hori ty does not apply w here an Acting CEO has been appointed.

GOVERNANCE REFERENCES Statutory Compliance 1. Local Government Act 1995 s.9.49A (2) and (3) 2. Local Government Act 1995 s.9.49A(4) 3. Local Government Act 1995 s.949A(3}(b) Process Links POLICY ADMINISTRATION Program responsible Officer Title Canning Community & Commercial Executive Manager Governance Canning Version Decision Reference Meeting type and date Delegation No. 1 Govern anee 24/2/2014 Policy reformatted to new template N/A 2 Governance 12/8/2014 Template amended N/A 3 Governance 9/9/2014 Template amended N/A 4 Governance 16/11/2018 Template amended N/A s

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Item CC-027-20 - Attachment 2 Policy CM109 Executing Documents (Adopted 15.7.2014)

PURPOSE or To guide the execution of documents on behalf of the City of Canning. OBJECTIVE: REFERENCE Local Government Act 1995 DOCUMENTS:

POLICY STATEMENT This policy prescribes how documents are executed, under defined conditions, on behalf of the City in a way that balances accountability with operational agility.

1. Scope This policy appl ies primarily to the Mayor and the Ch ief Executive Officer, but also guides the activity of any City officer involved in a transaction on behalf of the City of Canning .

2. Definition common seal the official stamp of the City of Canning, confirm ing the City's consent to the provisions contained in the documentto which it is affixed

affixing of seal The mechanical appli cation of the common seal to a document in the presence of:

- the Mayor; and

- the CEO or a senior employee of the City authorised by the CEO.

the Act The Local Government Act 1995 as amended from time to time

3. Execution of documents by applying the common seal

{1) The Mayor and the Chief Executive Officer are authorised to execute the following types of documents by affixing the common seal and signing the document:

{a) documents where land is disposed of pursuant to section 3.58 of the Act including contracts of sa le and transfers of land ;

{b) documents where land is acquired pursuant to sections 3.55 and 3.59 of the Act includ ing contracts of sale and transfers of land;

{c) leases of land and municipal property, and licences to occupy municipal property, other than community leases, where previously the subject of Council approval;

{d) leases for the purchase of plant and equipment approved by the Counc il ;

{e) deeds for borrowings approved by Council;

{f) contracts of employment approved by Council;

{g) agreements or renewal of agreements to fund Council works and services where previously the subject of Council approval; and

(h ) Scheme amendments where approved by Council.

City of Canning Policy CM109 EXECUTING DOCUMENTS Page 1 of 2

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Item CC-027-20 - Attachment 2 Policy CM109 Executing Documents (Adopted 15.7.2014)

4. Execution of documents by the Chief Executive Officer

(1) The Chief Executive Officer is authorised to execute the following types of documents, agreements and deeds:

(a) Community leases where previously the subject of Council approval and drafted using the City's standard community lease template;

(b) Creation and withdrawals of caveats and easements where the Chief Executive Officer is satisfied that the City's interests will be served/ have been satisfied;

(c) Renewals of lease;

(d) Application, modification and removal of notifications under section 70A of the Transfer of Land Act 1893;

(e) Application and removal of easements and legal agreements over land for the purpose of drainage or cond itions aris ing from subdivision of land and planning approvals or road widen ing;

(f) Licences for bores, wells and jetties where the Ch ief Executive Officer is satisfied that the City's interests have been served;

(g) Licences granted by the City for consideration of less than $10,000;

(h) Applications for new titles and related disposition sta tements arising from subd ivision of land and planning approvals, or as resu lt of refinancing or administrative amendments;

(i) Grant and funding agreements where previously the subject of Council approval; and

G) Carer fund ing agreements, and variations to carer fund ing agreements.

5. Execution of Documents by Director Community Development and Manager Care Services I Manager Disability & Youth Services

(1) The Director Community Development and Manager Care Services/ Manager Disability & Youth Services are authorised to execute the following types of documents, agreements and deeds:

(a) Accommodation agreements, and varia tions thereto for accommodation in the City's owned/operated/managed:

i. RetirementVillages;

ii . Independent Living Units;

iii. Community Houses;

iv. Canning Lodge; and

v. Crisis Accommodation.

(b) Carer fund ing agreements and variations to those agreements.

GOVERNANCE REFERENCES Statutory Compliance Local Government Act 1995 -s9.49A Process Links 1. mo or seeking execution o a document POLICY ADMINISTRATION Directorate Officer Title Authority to Approve Corporate Services Director Corporate Services Council Version Decision Reference S1111oosis Deleaation No. 501 1 15/4/2014 CR-021-14 Adopted 2 15/7/20 14 CR-056-14 Revision adopted

City of Canning Policy CM109 EXECUTING DOCUMENTS Page 2 of2

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

CC-028-20 Whaleback Golf Course Masterplan

PROGRAM: Canning Community and Commercial SUB PROGRAM: Business Canning FILE REF: Q20/192 REPORT DATE: 2 June 2020 REPORTING OFFICERS: Steve Leeson - Executive Manager Business Canning Nick Wilkinson - Manager Leisure Facilities RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Good amenities and lifestyle. Council Strategy: Building and land use that is sustainable. Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Community Engagement Project Plan (D20/23086). 2. Whaleback Concept Drawings (D20/25322). 3. Whaleback Master Plan Land Information (D20/26359).

In Brief: To consider the commencement of community and stakeholder engagement towards future upgrades of the Whaleback Golf Course, to ascertain the outcomes sought and supported by stakeholders for any future improvements to the Parkwood site. The report raises the need for immediate replacement of the pump house and irrigation system; with indicative project costings along with potential sources of funding to be considered within the drafting of the City’s 2020 – 2021 Annual Budget. The consequences of doing nothing on this site are that the golf course is likely to become financially unviable after approximately three years.

OFFICER RECOMMENDATION That Council: 1. Approves the continued development of a Whaleback Golf Course Master Plan. 2. Endorses the Community Engagement Plan included as Attachment 1. 3. Requests the Chief Executive Officer to include an allocation of $1.4 million with the draft 2020-2021 Budget for the replacement of the pump house and irrigation system at the Whaleback Golf Course.

Relevant Council Resolutions

Council Meeting and Date Report No Decision That Council: CC-016-20 1. Approves the Budget SCM 30 April 2020 Budget Review as at 31 March Review as at 31 March 2020 2020 and endorses the actions

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Relevant Council Resolutions

Council Meeting and Date Report No Decision proposed within the report. 2. Adopts the Budget Amendments detailed in Attachments 1 and 2 of this report pursuant to Section 6.8 of the Local Government Act 1995. Pursuant to Section 6.2 of the Local Government Act 1995 and Local Government (Financial CC-040-19 SCM 15 August 2019 Management) Regulations 2019-2020 Annual Budget 1996 Part 3, Regulations 22 to

33, adopts the following Annual Budget for the year ending 30 June 2020 Pursuant to Section 6.2 of the Local Government Act 1995 and Local Government (Financial CC-040-18 Management) Regulations SCM 28 August 2018 2018-2019 Annual Budget 1996 Part 3, Regulations 22 to 33, adopts the following Annual Budget for the year ending 30 June 2019

BACKGROUND

1 In the early 1970's a piece of land was put aside as a buffer zone between the then proposed Canning Vale industrial area and the Lynwood and Parkwood housing estates. When looked at from the air, this parcel of land is in the shape of a whale and was subsequently called Whaleback Reserve by the City of Canning. Whaleback Golf Course officially opened in January 1981. The site includes approximately 50Ha of Crown Reserve and 3.5 Ha of freehold land.

2 Since opening, the course has been improved with many trees defining the fairways and it now forms an important part of the City’s open green space and tree canopy. Cart paths and some seating has also been installed, but with no complete upgrade to tees, greens or irrigation since.

3 A two storey driving range was opened on 18 December 2002, increasing player numbers, operating hours and revenue. Whilst no major amenity improvements have since occurred, technology upgrades were installed by the lessee in 2019 introducing a digital experience for golfers.

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4 The golf course is maintained by the City. The driving range, pro-shop and café are leased to a third party operator, with the lease expiring December 2022.

5 In 2017, in the face of declining patronage and along with the need to replace aging course infrastructure and facilities, a project to establish a master plan concept was commenced, with the aim to meet future community needs and expectations for the site whilst ensuring future financially sustainability.

6 The City commissioned Masterplan Consultants WA to identify opportunities to improve the viability of the Whaleback Golf Course and better understand the feasibility of further community and commercial place making opportunities for this site.

7 The City further commissioned the Western Australian Treasury Corporation to undertake financial modelling of the preferred options.

DETAILS

8 Three options were developed for the site: a) ‘Do nothing’ to the existing facilities other than the required maintenance and refurbishment of assets with an approximate cost of $4 million. This would not address the expected decline in usage and demand. The 40 year old irrigation system requires complete replacement and the tees and greens are nearly all of similar age. This option would not achieve any return on investment. b) ‘Hand back’ the Golf Course to the WA State Government. The site is comprised of 23 lots of which the main five are crown reserve. These are indicated in Attachment 3. The golf course is considered an important community facility and this option is not considered an optimal outcome. c) ‘Improve the Golf Course’ site and aim to make it a community destination, providing diverse and improved community leisure opportunities that improve financially sustainability. This preferred option better aligns to the City’s Strategic Community Plan – A Welcoming and Thriving City.

9 Fundamental towards the preparation of a Master Plan was whether to maintain an 18 hole golf course or to consider reducing the course to nine holes with lighting. Whilst there is financial and social merit associated with considering both options, it was determined that maintaining 18 holes requires less capital investment with less associated project risk. This option presents minimal disruption to existing users of the site and offers other potential benefits.

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10 The potential outcomes which have been identified for the site include, but are not limited to: a) Creating a destination – More than Golf. b) Better playing experience for golfers. c) Improved driving range. d) Mini golf and a children’s play area. e) Modern amenities and facilities to service a number of activities and community groups. f) Licensed café / restaurant / small bar. g) Water efficient irrigation system. h) New multipurpose sports courts with lights. i) A place for community events. j) Locating all golf course infrastructure onto the leasehold site, including car parking.

11 The key outcomes would be to create a Community activity hub which is adjacent to the existing driving range that incorporates complimentary offerings of: a) A modern, multi-purpose building that is conveniently located to cater for all customers of the golf course, social activity, and outdoor play areas including multi-use sports courts for recreational pursuits. b) The pro shop, retail, food and beverage, club rooms etc can all be considered within the activity hub building sourcing all the outdoor playground and recreational pursuits. c) A technology based driving range with the ability to improve tuition and attract groups for social and active gatherings. d) Space to cater for more community events with the infrastructure to support this.

12 An artists’ illustration of the potential concept for establishing a new community hub is shown below with further images included as Attachment 2.

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13 Potentially, the scale of any renewal of the Whaleback site, which is yet to be determined, would require a multi-year project approach. The major phases of the Whaleback Golf Course Masterplan may be summarised as:

Endorsement

14 This project could be aligned to the current lease expiration in December 2022.

15 The major components of works to be considered are: a) Course renewal works, including irrigation replacement and landscaping. b) Driving Range refurbishment, including roof replacement and being suitable for all weather conditions. c) Community Hub creation, including a multipurpose building and recreational facilities. d) Access Infrastructure, including relocated car parking and new access road.

16 A fully redeveloped site has been estimated to cost approximately $17 million. Potential funding sources could include joint venture partnering, third party leasing, reserve and debt financing, and or the sale and development of adjacent freehold land.

17 An indicative timeline for the major phases of a community hub project is: a) 2020-2021 Community and Stakeholder Engagement. b) 2020-2021 Concept Development and Endorsement. c) 2021-2022 Planning and Design. d) 2022-2023 Build.

18 Having considered the options for the Whaleback Golf Course site, it is recommended that Community and stakeholder views be sought. Along with discussions towards the potential funding sources for any works, all considerations will require a Council decision.

19 A proposed Engagement Plan is included as Attachment 1. The purpose is to inform the community and stakeholders on the Whaleback golf course site’s current situation and seek comments and further suggestions as to what should be included in the final master plan for Council consideration.

20 The outcomes of the engagement process will establish community and stakeholders attitudes toward: a) Improving the golf course and built amenities. b) The services provided at the site and the creation of a community hub. c) The proposed funding options including the potential sale and development of adjacent freehold land.

21 It is proposed to undertake the following activities commencing in October: a) Meetings with current user groups – Tennis, Guides and Scouts. b) Community meetings including Golf Social groups.

22 A period of disruption to both the course and driving range would be necessary if any renewal works were to occur.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

23 Course irrigation works are a very high priority. These could be initially undertaken whilst any community hub planning occurs. Project estimates received, following engagement with other local governments who have recently renewed their golf course irrigation systems, indicate a proposed upgrade would likely cost $1.4 million. Current automatic irrigation systems and pump stations include central control systems, sub mains with lateral pipework and valve-in-head (VIH) sprinklers. Current technology allows integrated weather stations and ground moisture sensors.

CONSIDERATIONS

Legal Compliance

24 Crown Reserve 46959 for lots 3200, 4700, 4701, 4702 and 4991 has encumbrances including; a) Power to lease for up to 21 years. b) Current purpose “Recreation – Golf Course & Guide / Scout Facilities”. c) Sewerage and drainage easement to Water Corporation. d) Access and service easement to Hutchison 3G. e) Access and service easement to Western Power.

25 City Owned freehold land Whaleback Park for Lots 121 and 122 has an encumbrance, being a lease to Parkwood Tennis Club noted on the tile. The Town Planning zoning is Civic & Cultural / Local Park & recreational, with both zoned Urban under the Metropolitan Regional Scheme.

26 City owned freehold land Vellgrove / Roe Park for Lots 506 and 508 has no encumbrances. The Town Planning zoning is Regional Parks & Recreation with both zoned Urban under the Metropolitan Regional Scheme.

Policy Implications

27 FM.05 Budget Preparation: 5.3 Capital Management - For the City to remain financially sustainable, it needs to be able to maintain the condition of its infrastructure and non-current assets at predetermined levels in order to deliver services to the community over the longer term.

Financial Considerations

Business Plan

28 Business Canning Financial Services, Asset Management and Leisure Facilities – Whaleback Golf Course.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Internal Budget

29 Prior to COVID-19, the Golf Course ran at a surplus, net of minor capital expenditure projected to be $285,000 in the 2019-2020 financial year. Net proceeds have been directed to a dedicated reserve since the 2017-2018 financial year. The current balance of the reserve is and expected to remain around $502,214. This was projected to be $787,214 by 30 June 2020 prior to the 2019-2020 Budget Review as at 31 March 2020 in response to COVID-19.

30 For Council’s consideration in drafting the City’s 2020-2021 Annual Budget, it will be proposed to include the irrigation replacement project within the capital works program. This may be funded through the use of both reserve and loan funds.

31 The current lease expires December 2022. This includes a plant repurchase commitment by the City from the lessee, creating a future obligation upon the City. A valuation will be undertaken nearer to the lease expiry date.

Asset Management

32 The irrigation system has reached the end of its useful life and the built facilities in their current condition are not considered able to better meet any broader community needs.

33 The location of the some built facilities is across lot boundaries.

Sustainability Considerations

34 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City wide targets, which will provide measurable criteria for sustainability progress assessment.

35 In advance of these targets having been developed by the City and endorsed by Council this project addresses Sustainability Policy CM194 commitments numbered: 1 A commitment to innovation, leadership and continual improvement; 2 A commitment to intergenerational equity; and 3 A commitment to responsible resource management and impact reduction. Environmental

36 The Whaleback Golf Course’s aging irrigation system requires replacement. The pipe work no longer has capacity to support pressurised water that effectively maintains the fairways, resulting in significant areas of dead turf in summer months. Proposed replacement irrigation technology will integrate with digital technology to more efficiently and effectively apply water resources for optimal course irrigation.

37 An additional project may be considered to convert the existing Water Corporation drain on lots 6 – 12 Whaleback Drive, known as the Vellgrove Drain. This is of high interest given the fenced off appearance is an unsightly front to the golf course and neighbouring properties. Initial discussions have taken place between the City and Water Corporation to potentially upgrade the drain to a ‘living stream’ concept. This is as yet uncosted. Financial

38 Modelling undertaken by the Western Australian Treasury Corporation indicates a do nothing approach, even with the necessary irrigation replacement, would still cost the City $3.773 million over the next three years. This includes a necessary replacement of the pump station and irrigation system. Additional forecast modelling predicts that current rates of declining patronage and expected operational costs would result in the course ceasing to make a net surplus in 2024-2025.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

39 A positive return on investment can be achieved under the model’s financial scenarios, through undertaking renewal works that encourage and increase the Community’s participation at the site for multiple activities.

40 The available funding alternatives will be included as part of the Community Engagement Plan. A fully redeveloped site has been estimated to cost approximately $17 million. Whilst potential funding sources could include joint venture partnering, third party leasing, reserve and debt finance, the sale and development of adjacent free hold land is considered the most feasible to raise the required funds.

Consultation

41 The Whaleback Golf Course is primarily located on Crown reserve. Discussions have been held at officer level with relevant State Government departments to determine whether there are any obvious impediments to the proposed master plan options. None have been identified at this stage.

42 This report seeks to commence an engagement process with the City’s community and stakeholder groups associated with the site.

43 This would include, but is not limited to: a) neighbouring land owners; b) nine social golf groups which play at Whaleback; c) Parkwood Tennis Club; and d) Scouts and Girl Guides who have leased premises on the course.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Community Project engagement outcomes Officer commences better Recommendation towards the understood approved by the High future of the and Almost Certain Moderate Council (positive (Opportunity) outcomes) Whaleback Golf prioritised. Course. Opportunity A Project The third green estimates is rebuilt. revised. Certain community Officer expectations Recommendation Community may not be met approved by the engagement Medium due to project Possible Minor Council (negative plan (Risk) outcomes) objectives and implemented. Risk B community and stakeholder consensus. Pre-work Officer Delay in projects engaging with Recommendation undertaken Medium deferred by the community and Possible Moderate towards viable (Risk) Council stakeholders. options and Risk C financial modelling.

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Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Pre-work Golf Course Officer projects operates in Recommendation undertaken current state High declined by the towards viable Likely Significant and becomes (Risk) Council options and Risk D financially financial unviable. modelling.

COMMENT

44 The City’s Whaleback Golf Course site is recognised as a financial risk, given its ageing infrastructure and declining patronage.

45 It is intended that any current community group based at the Whaleback Golf Course site can remain. This includes the Scouts and Girl Guides, although relocation into a new Community Hub might become an eventual outcome for social golf groups and Parkwood Tennis Club.

VOTING REQUIREMENT

46 Simple majority.

AGENDA BRIEFING COMMENT

47 Not applicable.

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Item CC-028-20 - Attachment 3 Whaleback Master Plan Land Information Areas l Recreation & tura l MRS Restrictions Cu Park Recreation Recreation Recreation & l & & & under Loca Civic Planning - arks P Parks Parks l urban 122 121- Town Lot Both Lot zone • • • Regional Regiona Regional 3G - years Club ; Guides 121 21 Water not Water Scout title to Lot Hutchison title to to , Girl Hutchison Western Tennis to on up Water on on 122 DP26276 to to "Recreation WA e l required. by on for Guide/ Hopkins Lot tit . & DP37863} ces. plans on Easement Scouts lease Easements title Parkwood Peter Easement search purpose change registered Encumbrances and bran Easement to Easement to on to to managed Course not title encumbrances encumbrances attached Land No encum Corporation Tenure noted registered Leases Lease Lease Power No No Power Drainage Facilities" Power Access WA 3G Services Sewerage Current Corp Corporation Gold DP37864; • • • • • • • • (see • • • • • • • Plan/ P7702 P7702 P7702 P7702 P7702 P7702 P7702 P2859 P7702 P13197 P26276 P37864 P16215 P26276 P16216 P13197 P26276 Diagram P214891 CT 62/21A 2050/67 2050/56 258/85A 258/85A 258/SSA 1375/217 1797/974 1375/216 1375/215 1375/216 1796/684 1500/632 LR3124/168 LR3131/868 LR3124/166 LR3058/592 LR3124/167 Type (defunct ld Crown Freehold Freehold company) Tenure Freeho Park - Information Park Drain Roe Group / Reserve Land Owned Owned- n eback 46959 l Management ty i Pla C City Tenure Crown Vellgrove Wha City Vellgrove Master under not No 122 121 12 11 10 6 8 9 506 3200 508 5 0 7 Land Lot 4702 4991 4701 4700 Whaleback

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CC-029-20 Monthly Financial Report May 2020

LATE REPORT TO BE CIRCULATED UNDER SEPARATE COVER

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CC-030-20 Proposed Differential Rating 2020-2021

PROGRAM: Canning Community and Commercial SUB PROGRAM: Business Canning FILE REF: Q20/201 REPORT DATE: 2 June 2020 REPORTING OFFICER: Steve Leeson - Executive Manager Business Canning RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration. Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial sustainability. Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Statement of Objects and Reasons for Differential Rating 2020 -2021 (D20/63037).

In Brief: This report details the City’s objectives, requirements and considerations for differential rating as part of the proposed 2020-2021 Annual Budget. The recommendation is to give local public notice (21 days) of Council’s intention to impose differential rates across the district, applied against rateable properties gross rental values (GRV), in accordance with the City of Canning’s (the City’s) adopted Rating Strategy 2018-2023. The report outlines that there will be no increase in overall rates revenue from existing rateable property groups and whilst there has been an overall decline in GRV across the City, variations will occur for individual properties.

OFFICER RECOMMENDATION That Council:

1. Approves the following differential rates and minimum rates for advertising, in accordance with Section 6.36 of the Local Government Act 1995:

2020-2021 Rate in $ Minimum Residential $0.05558002 $852.00 Non Residential $0.05247501 $852.00 Unimproved $0.07990013 $852.00

2. Considers any public submissions relating to the above proposed differential rates, as part of the future Council reports which propose the adoption of the 2020-2021 Annual Budget.

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Relevant Council Resolutions

Council Meeting and Date Report No Decision 2. Requests the Chief Executive Officer to CC-021-20 prepare a draft 2020-2021 Budget to include Special Council Meeting Community and Business the following: 30 April 2020 Support – Phase 1 Response a) No increase to residential or non- residential rates. 1. Pursuant to Sections 6.32 and 6.33 of the Local Government Act 1995, adopts the following differential general rates in the dollar and minimums for the 2019-2020 financial year: a) Residential Improved Land. $0.046646 to be imposed on property Gross Rental Values, subject to a minimum rate of $852 per assessment. b) Non-residential Improved Land. $0.047668 to be imposed on property Gross Rental Values, subject to a minimum rate of $852 per assessment. c) Unimproved Land. Special Council Meeting CC-038-19 $0.074623 to be imposed on property 15 August 2019 2019-2020 Rate Charges Gross Rental Values, subject to a

minimum rate of $852 per assessment. 2. Adopts a Specified Area Rate for the 2019- 2020 Financial Year of $0.004363 to be imposed on the property Gross Rental Values of that portion of the district in the City of Canning, as described in the Schedule to the Order as Council published in the Government Gazette on 22 July 1994, page 3763. 3. Pursuant to Section 6.47 of the Local Government Act 1995, resolves to grant rating exemptions for Community and Charitable Purposes as detailed in Attachment 1. 1. Adopts the Rating Strategy 2018-2023 included as Attachment 3. Ordinary Council Meeting CC-021-18 2. Considers the Rating Strategy 2018-2023 in 15 May 2018 Rating Strategy the drafting of the City’s 2018-2019 Annual Budget.

BACKGROUND

1 Local governments impose rates on the properties within their district to raise revenue to fund the services and facilities provided to residents and visitors.

2 The City of Canning (the City) adopted a Rating Strategy 2018-2023, which considers the fair and equitable share of rates to be paid by each property owner for the City’s services and infrastructure, to meet the community’s current and future needs.

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3 Following the adoption of the Rating Strategy, the City implemented differential rating commencing in the 2018 – 2019 financial year, to vary the contribution burden of rates upon landowners across different classifications of property: a) Residential. b) Non-residential. c) Unimproved. So to ensure rates generated from the various property types contribute appropriately to the City’s rating requirements to fund services, capital requirements and new initiatives.

4 Landgate determines all properties Gross Rental Valuations (GRV) used by the City to determine property rates, and undertakes a revaluation process on a three year cycle. The 2019-2020 financial year was the third and final year of the previous valuation period. New gross rental valuations will apply from 1 July 2020.

DETAILS

5 Section 6.33 of the Local Government Act 1995 (the Act) provides local governments with the option of implementing differential rates. It is proposed that the City’s rating will be based on the combination of the following characteristics: a) Land Use - Two categories of land use being residential and non-residential. b) Improved or Unimproved Land - Vacant land does not contribute to the amenity of an area.

6 Section 6.36 of the Act requires objects and reasons for the use of any differential rating must be communicated, and given notice of through the Annual Budget process. No changes are proposed for the City’s existing differential categories. The following objects and reasons are provided for each: Residential Improved Land

7 This incorporates residential single dwellings, duplex, multi-unit, strata, and Homeswest improved properties.

8 The proportion of total rate revenue derived from residential properties remains essentially consistent with previous years, and also includes the ongoing maintenance and service provision of the City's assets and services primarily used by residential ratepayers. This will ensure a reasonable contribution to the cost of local government services and facilities available to residents.

9 No increases in the overall contributions from existing residential improved properties for rates, fees or charges, including the minimum rate payable, is proposed or intended for 2020-2021 in response to COVID-19. Non Residential Improved Land

10 This incorporates all light industry, general industry, commercial, mixed use, service commercial, centre, local centre, and district centre properties.

11 To be consistent with the 2019-2020 Annual Budget, and allowing for the effect of the revaluation, a negative differential (lower than residential) rate is proposed so to maintain the current 2019–2020 apportionment of rating contribution. The negative differential rate for non-residential improved land is proposed which maintains a higher overall contribution in comparison to residential, in order to recognise the additional costs of servicing these types of properties. Commercial and industrial premises generate higher volumes of pedestrian and traffic movements than residential properties, which results in increased road and streetscape maintenance requirements, additional on street parking needs, and the requirement to install additional traffic treatments. Page 84 CC-030-20 Proposed Differential Rating 2020-2021 CC-030-20

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12 Due to the increased presence of litter surrounding commercial and industrial land, the City is also required to provide additional litter collection services to these areas. Patrons and employees of commercial and industrial premises are consumers of municipal services but unless they are also property owners within the City, are not contributing to the cost of services used by them in the City of Canning.

13 No increases in the overall contributions from existing non-residential improved properties for rates, fees or charges, including the minimum rate payable, is proposed or intended for 2020-2021 in response to COVID-19. Unimproved Land (Residential / Non Residential)

14 The City may implement differential rating based on whether the land is improved or unimproved under s6.33 1(c) of the Act.

15 Consistent with the 2019-2020 Annual Budget, a positive differential (higher than residential) rate of for unimproved land is proposed in order to recognise the additional costs of servicing these types of properties and to discourage vacant properties and land banking. Unimproved properties are more likely to be the sites of illegal dumping, and in some cases can become overgrown and unkempt, or become places of antisocial behaviour. Additional street cleaning and gully educting is also required due to sand and debris originating from unimproved land spreading onto the roads and gutters. This requires the allocation of City resources over and above that required for residential and non- residential improved properties. To promote development, setting a higher rate for vacant properties acts towards stimulating growth and development in the economy.

16 It had been the City’s strategic intent to double the differential rating on unimproved land, in a staged approach. This is permissible under the Act and a common practice to discourage unimproved land banking within the Perth metropolitan area. It is recommended that the next stage of increasing the differential rates on unimproved land from 160% to 200% of the residential improved amount, be paused in response to COVID-19. When factoring in the revaluation, the positive differential becomes 44%.

17 The City’s ‘rate in the dollar’ values for ratepayers compares favourably against neighbouring and other metropolitan Perth local governments. Canning’s final rate in the dollar values for 2020-2021 will be confirmed to meet the specific needs for the district as considered by Council when adopting the Annual Budget. Minimum payments

18 The Act provides that a local government may set a minimum payment for rates. That is, irrespective of the rating calculation determined by multiplying the rate in the dollar by the valuation, no property should be assessed for rates at an amount below the minimum payment amount set. The rate in the dollar and minimum payment will together determine what the minimum valuation is, and all properties with a valuation less than this will be subject to the minimum payment.

19 The Act does not stipulate an appropriate value for the minimum payment or how it might be determined. It is determined by each local government that every ratepayer should make a reasonable contribution to the services and facilities that a local government provides. There is no legislative requirement for the local government to justify or substantiate the minimum payment, although there is a statutory limit prohibiting a minimum being set so high that more than 50% of properties would be on the minimum. The City’s minimum rate is typically low by comparison to other metropolitan Perth local governments.

20 Setting a minimum rate establishes a reasonable contribution by lower GRV properties that share equitable access to the City’s public services and infrastructure.

21 No change is proposed to the current minimum rate of $852 applied across all rating categories.

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22 It is anticipated that maintaining the same proposed minimum rate will again be one of the lowest of metropolitan Perth local governments, after the City of Perth (considering the high rise residential nature within the central business district) and the City of Belmont (considering the Perth Airport contribution in lieu of rates at $11,000,000). Local Public Notice

23 Section 6.36 of the Act requires that, if the City is proposing differential rating, it must advertise the differentials it intends to apply with local public notice for a minimum 21 days, and invite submissions in relation to the proposed differentials. A document is required to be made available for inspection by electors and ratepayers that describes the objects of, and reasons for, each proposed rate and minimum payment. This is included as Attachment 1. The City is then required to consider any submissions received, and may make a final resolution in relation to the setting of the rates in the dollar and the adoption of the Annual Budget.

24 In order to determine the included 'Summary of Estimated Rate Revenue' table (Refer Attachment 1), assumptions on interim valuations have been made. As such, the table is likely to change prior to the adoption of the Annual Budget. Any additions or reductions are expected to be minor. The principles outlined in the ‘Objects and Reasons’ will be maintained when adopting the final rates in the dollar and minimum payments for the Annual Budget. Triennial Revaluation Cycle

25 Landgate determines all properties GRV’s used by the City to determine property rates, and undertakes a revaluation process on a three year cycle. The 2019-2020 financial year was the third and final year of the previous valuation period. New gross rental valuations will apply from 1 July 2020.

26 Due to changing economic conditions over recent years, the Valuer General alerted Perth metropolitan of an across the board decline in GRV’s. The City was informed of the following changes: Residential - 16% Industrial - 12% Commercial - 10%

27 At the commencement of each triennial valuation cycle, the City’s rate in the dollar charge is reset to determine a new base rate in the dollar that would achieve the same rates revenue as for the previous financial year, based on the new GRV’s. This resetting of the City’s rate in the dollar charge is necessary to offset any changes (up or down) in GRV revaluations, so that the amount of required rating revenue is maintained by the City for the continued delivery of services and infrastructure projects.

28 Previous triennial valuation years have resulted in the City’s rate in the dollar charge being reset as follows: 1. 2008 – 2009 From $0.057000 To $0.04620 2. 2011 – 2012 From $0.050350 To $0.04054 3. 2014 – 2015 From $0.043413 To $0.03734 4. 2017 – 2018 From $0.042890 To $0.04412 *Fall in overall City GRV’s

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29 If the City did not reset the rate in the dollar charges, it is estimated the 2019–2020 rating revenue comparative of $68.1M would reduce by approximately $7.7M*. This would have a significant negative impact upon the ability to deliver services and maintain assets into the future. The long term compounding impact of such a reduction would be approximately $90.92M over 10 years. *This is an initial estimate only based on summary data. The effect of the revaluation may be greater or less when taking minimum rate charges into consideration.

30 To put into context not resetting the rate in the dollar, the operational cash expenditure to run both Leisureplexes is $7.4M for the year. To maintain the City’s parks is $8M. To make up the shortfall from accumulated savings/reserves would extinguish the Land, Building and Development reserve. The long term impact should the reduction become permanent, would be $90.92M over 10 years.

31 Whilst it is Council’s objective to freeze property rates, fees and charges in response to COVID-19 for the 2020–2021 financial year, the GRV revaluations will affect each property individually. When compared to previous year’s rates notice, a property’s rates may vary if its change in GRV revaluation differs to the average amounts noted above at paragraph 26. Therefore, some ratepayers may pay less rates whilst others pay more in comparison to 2019–2020. What will be consistent, is the total amount of rates collected from existing categories of ratepayers will remain the same.

32 Local governments and WALGA lobbied state Ministers to defer the effective date of the new revaluation cycle. This was with the intent to provide assurance to ratepayers and the clarity on their rates notices, that relief from any increases in property rates, fees and charges were being delivered by local governments in line with state directives. This request was dismissed by State parliament on 15 April 2020.

CONSIDERATIONS

Legal Compliance

33 Section 6.33 of the Local Government Act 1995 Differential General Rates. “1) A local government may impose differential general rates according to any, or a combination, of the following characteristics: a) the purpose for which the land is zoned, whether or not under a local planning scheme or improvement scheme in force under the Planning and Development Act 2005; or b) a purpose for which the land is held or used as determined by the local government; or c) whether or not the land is vacant land; or d) any other characteristic or combination of characteristics prescribed.”

34 Section 6.36. of the Local Government Act 1995 - local government to give notice of certain rates. “1) Before imposing any differential general rates or a minimum payment applying to a differential rate category under section 6.35(6)(c), a local government is to give local public notice of its intention to do so.”

35 The Act prescribes the information to be included in the public notice for a period of 21 days, and requires a local government to consider any submissions received before imposing the proposed rates.

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36 The Local Government Amendment (COVID-19 Response) Act 2020 was passed by Parliament on 16 April 2020 and came into effect on 21 April 2020, which enables the Minister to modify or suspend provisions of the Local Government Act 1995 and Regulations while a State of Emergency declaration is in force and where the Minister considers that such an order is necessary. On 8 May 2020 Local Government (COVID-19 response) Order 2020 came into effect to deal with issues relating to requirements to hold public meetings, for access to information when council offices are closed due to the COVID-19 pandemic, and budgetary matters, including: a) Local governments are encouraged to adopt a financial hardship policy. b) Local governments with such a policy in place will be able to charge a maximum of 5.5% for instalment interest. If a local government does not have in place a financial hardship policy, the interest rate that can be charged for payment by instalments will be capped at 3%. c) Interest rates that can be charged for late payments are being capped at 8%, which aligns with the interest rate charged by the Australian Taxation Office. d) Local governments have been requested to freeze their rate in the dollar, recognising that local governments are likely to be receiving less income, section 6.34(b) is modified so that the yield from the general rate for the 2020-2021 financial year is not to be less than 80% of the amount of the budget deficiency (rather than 90%).

Policy Implications

37 FM05 Budget Preparation Policy. Rating Strategy 2018-2023.

Financial Considerations

Business Plan

38 Business Canning Financial Reporting: a) To prepare the City’s Annual Report, Annual Budget, Long Term Financial Plan. b) To oversee acquittals for external agencies. c) To prepare the City’s accounts for audit.

Internal Budget

39 The freezing of property rates, fees and charges is a departure from the City’s current Long Term Financial Plan Strategy, to improve revenues (whilst continuing to contain operational costs) so to achieve prescribed Local Government Cost Index benchmarks. Without corresponding changes to levels of operational service delivery, new project initiatives and or Capital Works Program, higher than anticipated rates increases may be required in the future.

40 The current apportionment of the City’s rates burden is as follows: Residential 52.11% Non-residential 44.55% Unimproved 3.34%

41 It would be intended to maintain the above rate burden apportionments from existing ratepayers when drafting the 2020–2021 Annual Budget.

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42 The impact of varying the rate in the dollar is summarised below: 1. A 1% variance on the City’s total rating income is currently $670,000. 2. A 1% variance on an average residential (GRV of $23,000) property’s rates is $10.72. 3. The cumulative impact over 10 years is represented in the graph below. Reference: City’s Long Term Financial Plan 2017 – 2027.

Sensltivi,ty Grap h 6 - Cumulative Va r1i!ance in Su1rpllus/(Deficit) lby varying rates IPer $GRV $Million 150.0

100.0

50.0

- 3.5% = Base Ca~e - 3.0% - 2.5%

150.0)

(100.0) - o.5% - 0.0%

11 50.0)

43 The cumulative and compounding effect of varying the rate in the dollar impacts upon the City’s annual surplus/(deficit), which in turn affects prescribed Local Government Financial Health Indicator ratios and the ability of the City to properly manage its assets into the future.

44 Canning’s past rating strategies have resulted in rates that are comparatively lower to other Perth metropolitan local governments, and have, in the past resulted in less allocations being made towards asset maintenance than there should have been. Recent strategies have looked to collect a more appropriate level of rates to ensure that services can continue to be delivered and that the City’s assets can be appropriately maintained.

Asset Management

45 Any reduction in the Capital Works Program funding for asset renewal could have a negative impact upon asset sustainability and in turn the services delivered via these assets. This would require a review of asset management plans in the future.

Sustainability Considerations

46 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City wide targets, which will provide measurable criteria for sustainability progress assessment.

47 In advance of these targets having been developed by the City and endorsed by Council, this project addresses Sustainability Policy CM194 commitments numbered: (3) A commitment to responsible resource management and impact reduction.

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48 Budget implications addressed as part of the review process may impact upon future years’ budget considerations. The City’s Long Term Financial Plan is being revised and will include consideration towards addressing the 2018-2019 budget deficit.

Consultation

49 Implementing differential rating requires giving local public notice for 21 days, which invites submissions for the proposed objects and reasons of the categories along with the rates proposed. Submissions received are to be considered before a final resolution on rating is made.

50 Community and ratepayers comment and submissions were important considerations when preparing the Rating Strategy 2018-2023. Local public notice of the Rating Discussion Paper and Survey, along with direct community engagement was undertaken.

51 Elected members will be asked to consider any submissions received as part of budget workshop discussions prior to determining the 2020-2021 rating.

52 Both the Valuer General and Minster for Local Government Sport with regards to the effective application date for the new valuations.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity

Officer Proposed Recommendation Differential Rating Taken into approved by the 2020–2021 is account when Medium Possible Moderate Council (positive advertised. drafting the (Opportunity) outcomes) Supportive 2020-2021 Opportunity A submissions Annual Budget. received.

Officer Proposed Recommendation Differential Rating Taken into approved by the 2020–2021 is account when Medium Possible Moderate Council (negative advertised. drafting the (Risk) outcomes) Unsupportive 2020–2021 Risk B submissions Annual Budget. received. Proposed Differential Rating considerations Officer may not be Ministerial Recommendation incorporated into approval Medium deferred by the drafting of the Possible Minor required for (Risk) Council 2020–2021 extension. Risk C Annual Budget within required statutory timeframes. Single Rate in the Previous rating Officer Dollar to be approach Recommendation considered then included within Medium declined by the incorporated into Possible Minor draft 2020– (Risk) Council the drafting of the 2021 Annual Risk D 2020–2021 Budget. Annual Budget.

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COMMENT

53 The City’s rates are recommended as appropriate by comparison to other metropolitan local governments. Relief for ratepayers in response to COVID-19 will be achieved through the measures outlined in the City’s Community and Business Support measures as endorsed by Council on 30 April 2020. Maintaining the overall revenue from rates at last year’s level aligns with these measures.

54 The proposed rates for 2020-2021 are not consistent with the adopted Long Term Financial Plan and it should be noted that significant deviations from the Rating Strategy adopted in this plan, may require higher increases in future years in order to maintain the service standards expected by the Community.

55 Transparency in other fees and charges will be maintained through separately disclosing the City’s waste service fee and security charge on the City’s rate notices. These are traditionally determined independently of GRV, through apportioning operating costs and capital requirements across all ratepayers and occupants. It is the City’s intent to freeze the waste service fee and property surveillance service charge for the 2020–2021 financial year.

56 The advertised rates are indicative of maintaining the City’s rating contributions and burdens across the existing differential rating categories. Further rates modelling that will be undertaken as part of drafting the 2020–2021 Annual Budget may vary the actual rate charges to be adopted.

57 During the 21 day submission period, City Officers will undertake additional work on: a) Further rates modelling. b) New initiatives c) Proposed 2020-2021 .Fees and Charges. d) Budget statements and details.

58 All submissions received during the local public notice period will be acknowledged and made available to Council.

59 2020-2021 budget preparation workshops will commence with Elected Members in mid-June, with a proposed July budget adoption timeframe.

60 The City has maintained comparatively lower rates, fees and charges across Perth metropolitan local governments. Whilst much media attention is given towards the amount charged annually, Council rates form only a small part of the average annual household budget. Canning’s average residential improved property rates are $1,115.77. According to the Australian Energy Market Commission the annual electricity bill for a typical residential customer was $1,769 in 2019–2020. According to the West Australian Newspaper’s report released 21 April 2019 on the State’s Annual Pre-Budget Analysis, stated a normal household will pay more than $6,500 a year in annual State Government fees and charges.

VOTING REQUIREMENT

61 Simple majority.

AGENDA BRIEFING COMMENT

62 This report was presented at the 12 May 2020 Agenda Briefing and subsequently at the 2 June 2020 Strategic Issues Briefing.

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Item CC-030-20 - Attachment 1 Statement of Objects and Reasons for Differential Rating 2020 -2021

Statement of Objects and Reasons for Differential Rating 2020 - 2021

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Item CC-030-20 - Attachment 1 Statement of Objects and Reasons for Differential Rating 2020 -2021

Overall Objective

The purpose of levying rates is to apportion the City of Canning's (the City) budgeted rating revenue requ irements each year, in a manner that is deemed to be fair and equitable across the ratepayers of the community. The City's Rating Strategy 2018 - 2023 establishes a framework by which a fair and equitable share of rates and charges levied to paid by property owners, for the services and infrastructure within the City. The Rating Strategy addresses several key elements, notably: a) That the apportionment basis for rating purposes continues to be all properties Gross Renta l Value. These are generally valued every three years by the Valuer General (Landgate ). b) To maintain transparency and consistency each year in annual rating . The City of Canning will charge separately for rates, waste and security, plus the State charge for Emergency Services Levy (ESL). Rate(s) in the dollar ($) are calculated to apportion the shortfall in revenue required to enable the City to provide works and services in the coming financial year after taking into account all non-rate sources of revenue.

Differential Rating

Enabling the use of differential rating is considered a means to apply greater uniformity in annual rate revenues across property types, being subject to fluctuations in their triennial gross rental va luation reviews. For this reason , the City has proposed for Council to adopt differential rates for the coming financial year. Section 6.33 of the Local Government Act 1995 provides local governments with the option of implementing differential rates. The City's rating wil l be based on the combination of the following characteristics: a) Land use - Two categories of land use being; i. Residential, and ii. Non-residential. b) Improved or unimproved land. This wi ll establish the following three differential rating categories: 1. Residential improved . 2. Non-residential improved . 3. Un-improved land.

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Item CC-030-20 - Attachment 1 Statement of Objects and Reasons for Differential Rating 2020 -2021

Minimum Payments

The Local Government Act 1995 allows councils to impose a minimum rate , which may not apply to more than 50% of rateable properties. The effect is to increase the rates payable by lower valued properties so that every ratepayer makes a minimum contribution to the cost of the services provided.

Local Government Act 1995

6.33. Differential General Rates 1) A local government may impose differential general rates according to any, or a combination, of the following characteristics - a) the purpose for which the land is zoned, whether or not under a local b) a purpose for which the land is held or used as determined by the local government; or c) whether or not the land is vacant land; or d) any other characteristic or combination of characteristics prescribed. 2) Regulations may - a) specify the characteristics under subsection (1) which a local government is to use; or b) limit the characteristics under subsection (1) which a local government is permitted to use. 3) In imposing a differential general rate a local government is not to, without the approval of the Minister, impose a differential general rate which is more than twice the lowest differential general rate imposed by it. 4) If during a financial year, the characteristics of any land which form the basis for the imposition of a differential general rate have changed, the local government is not to, on account of that change, amend the assessment of rates payable on that land in respect of that financial year but this subsection does not apply in any case where section 6.40(1) (a) applies. 5) A differential general rate that a local government purported to impose under this Act before the Local Government Amendment Act 2009 section 39(1) (a) came into operation is to be taken to have been as valid as if the amendment made by that paragraph had been made before the purported imposition of that rate. 6.35. Minimum Payment 1) Subject to this section , a local government may impose on any rateable land in its district a minimum payment which is greater than the general rate which would otherwise be payable on that land . 2) A minimum payment is to be a general minimum but, subject to subsection (3), a lesser minimum may be imposed in respect of any portion of the district. 3) In applying subsection (2) the local government is to ensure the general minimum is imposed on not less than - a) 50% of the total number of separately rated properties in the district; or

2

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Item CC-030-20 - Attachment 1 Statement of Objects and Reasons for Differential Rating 2020 -2021

b) 50% of the number of properties in each category referred to in sub section (6), on which a minimum payment is imposed. 4) A minimum payment is not to be imposed on more than the prescribed percentage of- a) the number of separately rated properties in the district; or b) the number of properties in each category referred to in sub section (6), unless the general minimum does not exceed the prescribed amount. 5) If a local government imposes a differential general rate on any land on the basis that the land is vacant land it may, with the approval of the Minister, impose a minimum payment in a manner that does not comply with subsections (2), (3) and (4) for that land. 6) For the purposes of this section a minimum payment is to be applied separately, in accordance with the principles set forth in subsections (2), (3) and (4) in respect of each of the following categories - a) to land rated on gross rental value; b) to land rated on unimproved value; and c) to each differential rating category where a differential general rate is imposed.

Objects and Reasons

1. Residential Improved - Proposed rate in the dollar of $0.05558002 This incorporates residential single dwellings, duplex, multi-unit, strata and HomesWest improved properties. To ensure that the proportion of total rate revenue derived from residential properties remains essentially consistent with previous years , and also includes the ongoing maintenance and service provision of the City's assets and services primarily used by residential ratepayers. Th is will ensure a reasonable contribution to the cost of local government services and facilities available to residents. It is expected that the proposed rate in the dollar will mean average residential improved property rates of $1,115.77 as compared to $1,115.77.00 in 2019-2020, representing an increase of $0.00 per week. 2. Non Residentia l Improved - Proposed rate in the dollar of $0.05247501 This incorporates all light industry, general industry, commercial, mixed use, service commercial, centre, local centre, and district centre properties. The negative differential rate for non-residential improved land is proposed so to maintain the current 2019 - 2020 apportionment of rating contribution to fund the additional costs of servicing these types of properties. Commercial premises generate higher volumes of pedestrian and traffic movements than residential properties which results in increased road and streetscape maintenance requirements, additional on street parking needs and the requirement to install add itional traffic treatments. Due to the increased presence of litter surrounding commercial and industrial land , the City is also required to provide additional litter collection services to these areas. Patrons and employees of commercial and industrial premises are consumers of municipal services but unless they are also property owners within the City, are not contributing to the cost of services used by them in the City. This wi ll

3

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Item CC-030-20 - Attachment 1 Statement of Objects and Reasons for Differential Rating 2020 -2021

also ensure rates revenue from industrial and commercial properties remains essentially consistent with previous years. It is expected that the proposed rate in the dollar will mean an average non-residential property rating increase of $0 .00 per week as compared to 2019 - 2020.

3. Unimproved Land - Proposed rate in the dollar of $0.07990013 The City may implement differential rating based on whether the land is improved or unimproved under S6 .33 1 (c). A positive differential (higher than residential) rate of 40% for unimproved land is proposed so to maintain the current 2019 - 2020 apportionment of rating contribution to fund the additional costs of servicing these types of properties and to discourage vacant land and land banking. Unimproved properties are more likely to be the sites of illegal dumping, and in some cases can become overgrown and unkempt, or become places of antisocial behaviour. Additional street cleaning and gully educting is also required due to sand and debris originating from unimproved land spreading onto the roads and gutters. This requires the allocation of City resources over and above that required for residential and non­ residential improved properties. To promote development, setting a higher rate for vacant properties acts towards stimulating growth and development in the economy. The City's intent is to double differential rating on unimproved land , permissible under the Local Government Act 1995 and a common practice across Perth metropolitan local governments to discourage unimproved land within the Perth metropolitan area. Due to the Council's intent to freeze overall rating in response to COVID-19, the differential rate has reduced from 60% to 44% for 2020 - 2021. It is expected that the proposed rate in the dollar will mean an average unimproved property rating increase of $0.00 per week as compared to 2019 - 2020.

Summary of Estimated Rate Revenue

Important Note: As at the date of publication of this statement, in order to determine the below table 'Summary of Estimated Rate Revenue', assumptions have been made. As such, the table is likely to change prior to the adoption of the Annual Budget. Any additions or reductions are expected to be minor. The principles outlined in the Objects and Reasons section will be maintained when adopting the final rate in the dollar and minimum payments for the 2020-2021 Annual Budget.

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Draft Budget 2020 _ 2021 Rate in $ / Number of Estimated Rate Minimum Properties Rateable Value Revenue

Differential Rates Residential $ 0.05558002 21,421 $ 437,459,941 $ 24,325,810 on-residential $ 0.05247501 2,no $ 581,138,538 $ 30,495,871 Unimproved $ 0.07990013 779 $ 21,828,307 $ 1,756,346 24,970 $1,040,426,786 $ 56,578,026 Differential Minimum Payments Residential $ 852.00 13,316 $ 168,189,733 $ 11,345,232 on-residential $ 852.00 279 $ 3,41s,1n $ 237,708 Unimproved $ 852.00 637 $ 4,752,972 $ 542,724 14,232 $ 176,421,482 $ 12,125,664 Total 39,202 $1,216,848,268 $ 68,703,690 Specified Area Rates canning Vale Estates $ 0.00497614 3,251 $ 72,098,054 $ 358,770

Invitation of Submissions

Submissions are invited from any elector or ratepayer with respect to the proposed differential rates, and any related matters. Although not required to, Council is also willing to accept submissions on the specified area rate proposed.

Submissions may be emailed to: customer@canni ng.wa .gov. au

Submissions may be posted to : City of Canning Locked Bag 80 Welshpool WA 6986

And clearly marked Differential Rating Submission.

All submissions are to be received by no later than 5.00pm on Monday 16 June 2020.

Athanasios Kyron Chief Executive Officer

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7.3 Director Canning Sustainable Development SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool

PROGRAM: Canning Sustainable Development SUB PROGRAM: Statutory Planning FILE REF: Q20/174 REPORT DATE: 3 June 2020 REPORTING OFFICER: Timothy Roberts - Planning Officer RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Good amenities and lifestyle. Council Strategy: Building and land use that is sustainable. Authority/Discretion: Quasi - Judicial: When Council determines an application or matter that directly affects a person’s right and interest. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include Town Planning Applications, Building Licences, Application for other Permits/Licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

Attachments: 1. Development Plans (D20/66157). 2. Acoustic Report (D20/24528). (Large Attachments) 3. Transport Impact Statement (D20/66155). (Large Attachments) 4. Consultation Map (D20/64523). 5. Schedule of Submissions (D20/32700).

In Brief: Council consideration is required to determine an application for Development Approval proposing the change of use from ‘warehouse’ to ‘transport depot’ including the construction of a new 600m2 structure at 130 (Lot 20) Mills Street, Welshpool. The application requires development approval in accordance with Clause 60 of Schedule 2 (‘Deemed Provisions’) of the Planning and Development (Local Planning Schemes) Regulations 2015. In accordance with the City’s Instrument of Delegation 213, as the proposal has received objections that are unable to be dealt with as a condition of approval, the development is presented to Council for determination. In accordance with its quasi-judicial function, Council is requested to exercise its discretion by considering the proposal with due regard to the relevant planning matters listed under Clause 67 of the Deemed Provisions and make a decision on the application in accordance with Clause 68 of the Deemed Provisions. It is considered that the proposed development meets the relevant planning requirements, and it is recommended that the application be approved by Council subject to conditions. In accordance with Subclause 75(1) of the Deemed Provisions, the processing of the application has exceeded the statutory 90 day determination timeframe and the Applicant has agreed to extend the timeframe to allow for the application to be determined by Council, in accordance with the City’s

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Instrument of Delegation, at the June meeting. If a determination is not made by this time, the Applicant or Owner will have a right of review by the State Administrative Tribunal, in accordance with Part 14 of the Planning and Development Act 2005.

OFFICER RECOMMENDATION That Council, pursuant to Clause 68 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, approves the application for development approval for a change of use to transport depot and a warehouse addition at 130 Mills Street (Lot 20), Welshpool, subject to the following conditions: 1. The development is to comply in all respects with the stamped approved plans. 2. The hours of operation are restricted to 6.00am to 6.00pm Monday to Sunday, inclusive. 3. The Transport Depot is limited to a maximum of five commercial vehicles, unless otherwise approved by the City. 4. Tonal reversing beepers are not to be fitted to any mechanical equipment or vehicles used on the development site. 5. A Noise Management Plan is to be submitted to the City for approval within 60 days of the development commencing operations that demonstrates how noise emissions from the development will be managed to meet the requirements of the Environmental Protection (Noise) Regulations 1997. Once approved by the City, the Noise Management Plan shall be complied with unless otherwise approved by the City. 6. Prior to the submission of an application for a building permit, a stormwater management plan is to be submitted to the satisfaction of the City. The approved stormwater management system is to be implemented and thereafter maintained to the satisfaction of the City. 7. Stormwater from all roofed and paved areas is to be collected and discharged on site via the existing approved drainage system. Stormwater must not affect or be allowed to flow onto or into any other property. Drainage systems must be in accordance with the Building Code of Australia. 8. Car parking spaces together with their access aisles are to be constructed, drained and line marked and thereafter maintained to the satisfaction of the City. 9. Bicycle parking spaces and lockers are to be installed and thereafter maintained in accordance with relevant Australian Standards and to the satisfaction of the City. 10. Prior to occupation or use of the development, a plan detailing the upgrading of the landscaping, including the provision of two advanced trees as per the City’s Local Planning Policy LP.09 – Tree Retention and Planting – Development, is to be submitted to the satisfaction of the City. Within 90 days of the occupation or commencement of the approved development landscaping is to be established and thereafter maintained.

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PROPERTY DETAILS

Property Address: 130 Mills Street, Welshpool (Lot 20 on D070717)

Applicant: Planning Outcomes WA

Owner: Murchison Relines Pty Ltd (Director: David Cooper)

Zoning MRS: Urban

TPS40 & LPS42: Light Industry

Use Class and Permissibility LPS42: Transport Depot is a ‘D’ use. Revoked TPS40: Transport Depot is an ‘A’ use.

Lot Size: 2520.93m2

Application Serial No.: 15/20057.1

LOCATION MAP

BACKGROUND Local Context

1 As depicted on the above Location Map, 130 Mills Street (Lot 20) Welshpool (’the subject land’ or ‘development site’) is located north of Railway Parade and south of Welshpool Road.

2 The subject land is zoned Light Industry under the City’s new Local Planning Scheme No. 42 (City’s LPS42). The development site adjoins a Light Industry site to the south-western lot boundary currently occupied by an industry (light) business and a Water Corporation compensating basin to the north-eastern lot boundary.

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3 The subject land interfaces with low density residential properties immediately across Mills Street, predominately comprising single houses and grouped dwellings. Residential properties on the eastern side of the corner of Mills Street and Centre Street are zoned Residential with a density of R30 under the City’s Scheme. Properties on the western side of the same street corners are zoned Centre under the City’s Scheme, and any future redevelopment will be guided by the provisions of the City’s Queens Park Local Structure Plan which allows for development between a density coding of R30 (grouped dwellings) and R60 (multiple dwellings). Notice of Exemption

4 The landowner is currently able to temporarily operate without development approval in accordance with Clause 1.3 of the Notice of Exemption from Planning Requirements during a State of Emergency (Notice). This Notice was issued on 8 April 2020 (and further amended on 30 April 2020) by the Minister for Planning, in accordance with Clause 78H of Schedule 2 of the Planning and Development (Local Planning Schemes Regulations, 2015.

5 The temporary exemption will last for the duration of the current State of Emergency and up to 90 days after it ends. Before the exemption expires, the business will need to obtain development approval from the local government if they wish to continue to operate.

6 A copy of the Notice may be downloaded from the State of Emergency Planning Changes webpage on the Department of Planning, Lands and Heritage website https://www.dplh.wa.gov.au/notice-of- exemptions DETAILS Development Proposal

7 The application for development approval (Development Application) proposes: a) A change of use from warehouse to transport depot. b) A new 600m2 building at the rear of the existing development for the storage of five commercial vehicles and the storage of relining tools and equipment. c) 18 car parking bays located at the front, side and rear of the property for employee parking. d) The parking of five commercial vehicles being three B99 vehicles (5.2m x 1.94m), two medium rigid vehicles and a heavy rigid vehicle. e) Proposed operation hours of Monday to Sunday 6.00am to 6.00pm.

8 Development plans, elevations and accompanying reports are provided as attachments to this report (refer to Attachments 1 to 3).

9 In assessing and determining this Development Application, the City is to have due regard to relevant matters for consideration, as per Clause 67 of Schedule 2 (‘Deemed Provisions.) of the Planning and Development (Local Planning Schemes) Regulations 2015. In this instance, key matters for consideration include: a) The aims and provisions of the City’s local planning scheme. b) Any local planning policy for the Scheme area. c) The compatibility of the development with its setting, including the relations of the development to development on adjoining land, or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development. d) The amenity of the locality including the environmental impacts of the development, the character of the locality and social impacts of the development.

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e) The likely effect of the development on the natural environment or water resources and any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource. f) Whether adequate provision has been made for the landscaping of the land. g) The adequacy of: i) The proposed means of access to and egress from the site. ii) Arrangements for the loading, unloading, manoeuvring and parking of vehicles. h) The amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probably effect on traffic flow and safety. i) Any submission received on the application. Compatibility of the Development

10 The City’s LPS42 defines a ‘Transport Depot’ as a “premises used primarily for the parking or garaging of 3 or more commercial vehicles including any ancillary maintenance or refuelling of those vehicles, any ancillary storage of goods brought to the premises by those vehicles and the transfer of goods or persons from one vehicle to another”.

11 The City’s LPS42 defines a ‘Commercial Vehicle’ as a “vehicle, whether licenced or not, that has a gross vehicle mass of greater than 4.5 tonnes including a utility, van, truck, tractor bus or earthmoving equipment and a vehicle that is, or is designed to be an attachment to a vehicle referred to above”.

12 The subject land is zoned Light Industry under the City’s LPS42. The objectives of the Light Industry zone, as listed under Table 2 of the City’s LPS42 are: “ To provide for a range of industrial uses and service industries generally compatible with urban areas, that cannot be located in commercial zones.  To ensure that where any development adjoins zoned or developed residential properties, the development is suitably setback, screened or otherwise treated so as not to detract from the residential amenity.”

13 It is considered that a Transport Depot is an appropriate use within the Light Industry zone on the basis that: a) The Transport Depot only proposes the parking of five commercial vehicles. b) The subject site is a large site with all business operations able to be contained on site. c) It is similar in intensity to other light industrial land uses located along Mills Street. d) Mills Street has appropriate capacity for the type of development being proposed.

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14 The subject land also adjoins Residential zoned properties. In considering whether the development/use is compatible with the adjoining residential development, the City is to have regard to relevant matters including, the potential impact on the amenity of the locality (including anticipated noise and hours of operation), traffic generation and safety, and the development requirements of the City’s Scheme and policies. These matters are further discussed below. Amenity – Noise and Hours of Operation

15 The Applicant has submitted a supporting Acoustic Report (refer to Attachment 2) which has been reviewed by the City’s Officers and is considered to be satisfactory. The report states the development will achieve full compliance with the Environmental Protection (Noise) Regulations 1997. Conditions have also been included in the Officer Recommendation section requiring the preparation of Noise Management Plan and installation of non-tonal reversing beepers to any mechanical equipment or vehicles used on the development site.

16 The proposed hours of operation are Monday to Sunday 6.00am to 6.00pm. It is noted that the proposed hours of operation are generally consistent with the types of businesses that are typically located within the Light Industry zone. The Applicant has advised that weekend work will be occasional to suit off site workers commuting back to Perth to collect their vehicles. It is noted that a number of concerns have been raised in submissions regarding the proposed operating hours. The City’s Officers are supportive of the proposed 6:00am to 6:00pm opening hours noting that the transport depot proposes the parking of only five commercial vehicles and that noise concerns are able to be mitigated through conditions of development approval and preparation of a Noise Management Plan. Accordingly, a condition restricting the hours of operation from 6:00am to 6:00pm has been included in the Officer Recommendation section. Additionally, as prescribed above, the business will required to demonstrate compliance with the Environmental Protection (Noise) Regulations 1997 at all times meaning the impact of business operations prior to 7:00am and associated noise will be minimised.

17 Overall it is considered that the development will not result in a detrimental impact on the amenity of the adjoining residential and light industrial businesses in respect to noise. Traffic Generation and Access

18 The Applicant has submitted a supporting Transport Impact Statement (refer to Attachment 3). The Traffic Impact Statement provides for projected traffic generation of 20 trips (10 inbound and 10 outbound) during peak hour periods (from 6.00am to 7.00am and 4.00pm to 5.00pm).

19 It is noted that several adjoining residential neighbours have raised concerns regarding the existing use of Mills Street by drivers during peak periods to avoid congestion on main roads. The Transport Impact Statement states that traffic count data shows that Mills Street carried approximately 1,200 vehicles per average weekday (2016) with an 85th percentile speed of 48.2 km per hour with 4.6% being commercial vehicles. This 85th percentile speed is not a true indication of the speed as the count was located towards the Railway Parade end of the street. The functional capacity of Mills Street is 1,800 vehicles per hour without any kerbside parking in the street and 1,200 vehicles per hour, with occasional parked vehicles.

20 It is therefore considered that the low vehicle trip numbers generated by the development during the peak operating hours will not have any undue impact on the road carrying capacity and functionality of Mills Street.

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21 The potential impact on traffic and pedestrian safety has also been raised as a concern by several of the adjoining residential neighbours. The Transport Depot proposes the parking of five commercial vehicles with all business operations able to be contained on site including the required provision of car parking spaces. Vehicles are able to enter and exit the site in forward gear and Mills Street has a vehicle capacity that will not be inhibited by the proposed development. It is therefore considered that the development will not result in a detrimental impact on traffic and pedestrian safety. A condition restricting the number of commercial vehicles to five has also been included in the Officer Recommendation section to ensure that no other business will be able to operate as a Transport Depot in an increased capacity should the proponent vacate the site. Environmental Impact

22 Several adjoining residential neighbours raised concerns regarding the potential impact on the environment specifically the adjoining Water Corporation compensating basin. The proposal was referred to the City’s Conservation team who advised that the adjoining compensation basin does not have any environmental value requiring additional controls outside of drainage being collected and discharged via the existing approved drainage system. The application was also referred to Water Corporation who provided a ‘no objection’ submission. A condition requiring the preparation of a stormwater management plan demonstrating stormwater not affecting or being able to flow onto or into any adjoining property has been included in the Officer Recommendation section of this report.

23 The Applicant has advised that the washing of vehicles will be undertaken on rare occasions and does not trigger the need for the provision of a separate wash down bay. The City’s Officers note that waste water from the washing of vehicles will need to be disposed of via an adequate method – either via the Water Corporation sewerage system (subject to their approval) or via a suitable on-site system. Any unauthorised discharge from the washing of vehicles is covered by the Environmental Protection (Unauthorised Discharges) Regulations 1997. An advice note will be added to any development approval issued by the City advising the Applicant of the need to comply with this requirement. Landscaping and Provision of Trees

24 Landscaping in the existing 2m wide garden bed abutting the front lot boundary is in a relatively good condition, however, it only comprises of tall and low shrubs and does not include any trees. In accordance with the City’s Local Planning Policy LP.09 – Tree Retention and Planting – Development, the new 600m2 building requires the provision of two trees. It is considered that there is sufficient space in the front landscaping strip to accommodate the provision of two trees. A condition is included in the Officer Recommendation section requiring the upgrading of the existing landscaping. Submissions received from Neighbours and Other Agencies

25 The Consultation section below discusses the outcome of public consultation with the community and consultation with other authorities. CONSIDERATIONS Legal Compliance Planning and Development (Local Planning Schemes) Regulations 2015

26 Development approval is required in accordance with Clauses 60 and 61 of Schedule 2 (‘Deemed Provisions’) of the Planning and Development (Local Planning Schemes) Regulations 2015 (‘LPS Regulations 2015’).

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27 The application has been processed and assessed in accordance with Parts 8 and 9 of the Deemed Provisions, including the following key provisions: a) Clause 64 of the Deemed Provisions contains requirements relating to the advertising of application owners and occupiers of properties in the vicinity of the development, who in the opinion of the Local Government, are likely to be affected by the granting of the Development Approval. The below Consultation section provides information regarding the consultation under for this application. b) Clause 66 of the Deemed Provisions contains requirements relating to consultation with other authorities, who in the opinion of the Local Government, may be affected by the Development Application. The below Consultation section provides information regarding the consultation undertaken for this application. c) Clause 67 of the Deemed Provisions identifies matters that the Local Government is to have in regards to a number of considerations when making a decision. The above Details section provides commentary in respect to the relevant planning considerations.

28 A copy of the LPS Regulations 2015 is available to download from the City’s Planning Services webpage. City of Canning Local Planning Scheme No. 42

29 The subject land is zoned Light Industry under the City’s new Local Planning Scheme No. 42 (City’s LPS42). Table 3 ‘Zoning Table’ and Clause 3.3 of the City’s Scheme provide for a range of land uses which may be permitted within the Light Industry zone, subject to appropriate assessment and determination.

30 The proposed development/use is classed as a Transport Depot land use, which is defined under Part 6 of the City’s Scheme to mean: “Premises used primarily for the parking or garaging of 3 or more commercial vehicles including – a) Any ancillary maintenance and refuelling of those vehicles. b) Any ancillary storage of goods brought to the premises by those vehicles. c) The transfer of goods or persons from one vehicle to another.”

31 Table 3 ‘Zone Table’ of the City’s LPS42 designates that a Transport Depot land use is a ‘D’ (Discretionary) use within the Light Industry zone. In accordance with Subclause 3.3.2 of the City’s Scheme a ‘D’, land use “means that the use is not permitted unless the local government has exercised its discretion by granting development approval.” Revoked City of Canning Town Planning Scheme No. 40

32 The land was also zoned Light Industry under the City’s previous Town Planning Scheme No. 40 (City’s TPS40) which was revoked (replaced by) the City’s new LPS42 when it was published in the Government Gazette on 26 May 2020. Prior to 26 May 2020, the provisions of the City’s TPS40 and associated local planning policies were applied to the assessment and processing of the application; however, regard was also given to the provisions of the City’s LPS42 and associated local planning policies as outlined above.

33 Table 3 ‘Zone Table’ of the City’s TPS40 designated that a Transport Depot land use is an ‘A’ use on Light Industry zone land. In accordance with Subclause 3.3.2 of the City’s TPS40 an ‘A’ land use meant: “That the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the Deemed Provisions”.

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City of Canning Delegation of Authority – Council to the City’s CEO and Employees

34 In accordance with the City’s Delegation No. 213 ‘Development Approval’, the City’s Officers do not have authorisation to make a determination on this Development Application as valid objections have been received which cannot be resolved through the placement of conditions on the approval. Therefore, this Development Application is presented to Council for determination. Policy Implications

35 Key local planning policies that have been considered in respect to the processing and assessment of this Development Application include: a) Local Planning Policy LP.02 – Public Consultation of Planning Proposals. b) Local Planning Policy LP.07 – Advertising Signs. c) Local Planning Policy LP.09 – Tree Retention and Planting – Development.

Financial Considerations Business Plan

36 The processing of development applications is a core service provided by the City of Canning Statutory Planning team. Internal Budget

37 Not applicable. Asset Management

38 Not applicable. Sustainability Considerations

39 The new Sustainability Policy was adopted on 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment: a) A commitment to building community capital, social sustainability and a thriving local economy. The proposed development will provide an opportunity for additional jobs in the City of Canning. b) A commitment to climate responsive urban development. The proposed development will facilitate appropriate local economic growth while integrating areas of increased landscaping. Consultation Public Consultation

40 In accordance with Subclauses 64(1) and (3) of the Deemed Provisions and the City’s Local Planning Policy LP.02 – Public Consultation of Planning Proposals (‘Policy LP.02’), the Development Application was advertised to the landowners and occupiers of properties that, in the opinion of the local government, may be affected by the proposal. Policy LP.02 designates a minimum radius of 100m and duration of 14 days for advertising in relation to the subject proposed development.

41 As a result of the public consultation, the City received a total of nine submissions from landowners and occupiers of surrounding properties, comprising four ‘No Objections’ and five ‘Objections’. A Schedule of Submissions, containing a summary of each individual submission and corresponding comments from the City’s reporting Officer, is attached to this report (refer to Attachment 5).

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42 The following table outlines the main reasons for objection and corresponding comments from the City’s Officers.

Submitter’s Main Objection Reasons Officer’s Comments

The development will have a negative impact The application was referred to the Water on the neighbour Water Corporation Corporation who confirmed that they have no compensating basin. objection to the development. In addition, the City’s Natural Area Management and Conservation team confirmed that there the compensating basin has no environmental values that would require additional controls outside of drainage being collected and discharged via the existing approved drainage system. A condition has been included in the Officer Recommendation section requiring preparation of a Stormwater Management Plan whereby stormwater must be collected and discharged on site via the existing approved system. Any unauthorised discharge from the washing of vehicles is covered by the Environmental Protection (Unauthorised Discharges) Regulations 1997. An advice note will be added to any development approval issued by the City advising the Applicant of the need to comply with this requirement.

The development will have a negative impact The Applicant has submitted a supporting Traffic on traffic and pedestrian safety in the Impact Statement which has been reviewed and immediate area through increased traffic is considered satisfactory by the City’s Officers. numbers. The report demonstrates that Mills Street has the capacity to cater for the increased number of traffic movements and that all business operations are able to be contained on site including provision of car parking and the ability for vehicles to enter and exit the site in forward gear. A condition restricting the number of commercial vehicles to five has also been included in the Officer Recommendation section to ensure that no other business will be able to operate as a Transport Depot in an increased capacity should the proponent vacate the site.

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Submitter’s Main Objection Reasons Officer’s Comments

The development will impact on the amenity of The Applicant has submitted an Acoustic Report surrounding Residential properties due to the which has been reviewed and is considered to be hours of operation and resultant noise. satisfactory by the City’s Officers. The report states that the development will achieve full compliance with the Environmental Protection (Noise) Regulations 1997. A condition has been included in the Officer Recommendation section requiring preparation of a Noise Management Plan to further demonstrate how resultant noise will be managed. A condition not allowing tonal reversing beepers to be fitted to any mechanical equipment or vehicles used on the development site has also been included in the Officer Recommendation section. The business will be required to demonstrate compliance with the Environmental Protection (Noise) Regulations 1997 at all times meaning the impact of business operations prior to 7am and associated noise will be minimised.

The development is not compatible with the The proposed development is located on a large subject Light Industry zone. site and is similar in intensity to other light industry developments along Mills Street. Accordingly, it is considered that a Transport Depot and Warehouse is an appropriate use within the Light Industry zone. A number of conditions have been included in the Officer Recommendation section which will mitigate any negative impact from the business activities.

Consultation with Other Authorities

43 The Development Application was referred to the Water Corporation in accordance with Clause 66 of the Deemed Provisions, as the development site abuts a Water Corporation compensating basin which is zoned Industrial under the Metropolitan Regional Scheme (MRS) and zoned Public Purposes under the Local Planning Scheme. In their response, the Water Corporation confirmed that they have no objection to the proposal.

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Other Considerations or Risks

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity The proposed development will provide an opportunity for Officer development Recommendation consistent with Issue supported by the the City’s and High Development Almost Certain Moderate Council (positive State’s Planning Approval. (Opportunity) outcomes) Framework Opportunity A given the site is located within the Service Commercial area. Possible The City has Officer concerns / received reports Recommendation complaints from from the supported by the the adjoining Applicant advising Medium Council (negative and nearby that traffic and Possible Moderate (Risk) outcomes) residents noise issues are regarding addressed in a Risk B impact on satisfactory amenity. manner. If a determination on the proposal is deferred by The City’s Officers the Council, the have undertaken Applicant could an assessment of Officer exercise their the proposal in Recommendation right of appeal accordance with Medium deferred by the to the State the planning Possible Moderate Council Administrative framework and (Risk) Risk C Tribunal (SAT) are of the view once the the proposal is application consistent with exceeds a this framework. statutory time frame of more than 90 days. The City’s Officers Should the have undertaken Council choose an assessment of to refuse the the proposal in Officer application, the accordance with Recommendation Applicant could Medium the planning Likely Minor declined by Council exercise their framework and (Risk) right of appeal Risk D are of the view to the State the proposal is Administrative consistent with Tribunal. this framework.

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44 If the Applicant or Owner is aggrieved by the City’s determination there is a right of review by the State Administrative Tribunal (SAT), in accordance with the Planning and Development Act 2005, Part 14. An application must be made within 28 days of the determination. An advice note to this effect will be included on the Notice of Determination. Should Council resolve to refuse the development (or impose conditions unacceptable to the applicant) and the applicant seeks a review through the SAT, the City’s Officers will be required to procure external consultants at the City’s cost (potentially a planning, traffic and noise consultant) that would be willing to support Council’s position and become witnesses for the City as part of any SAT proceedings. COMMENT

45 It is considered that the development addresses the relevant matters for consideration and the aims and provisions of the City’s LPS42; including the objectives of the Light Industry zone as listed in Table 2 of the City’s LPS42, and the provision of Part 4 General Development Requirements and Clause 4.17 Industrial Zones Development Requirements. Of note: a) The proposed development is similar in intensity to other light industrial development along Mills Street. In addition, the subject land is strategically located in close proximity to the Welshpool Road transport corridor. b) The Applicant has provided a Traffic Impact Statement to the satisfaction of the City’s Officers. It is considered that the proposal will not have a detrimental impact on the surrounding Residential and Light Industrial properties in respect to traffic generation and safety. c) The Applicant has provided an Acoustic Report to the satisfaction of the City’s Officers. In respect to noise emissions, it is considered that the development will comply with the Environmental Protection (Noise) Regulations 1997.

46 It is recommended that Council approves the development, subject to the conditions listed in the Officer Recommendation. VOTING REQUIREMENT

47 Simple majority. AGENDA BRIEFING COMMENT

48 Not applicable.

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Item SD-011-20 - Attachment 1 Development Plans 00(A3) :1 1 a li ra t ch2020 s Front u Mar - A .C es n Rev Welshpool eli R Elevations I 10 Street, h ed ., s proposed Me~"~ l~ 9 Mills a Proposed 20) : 6 . OAH --r 3 (Lot . -r wall 3.2m 3.5m Att. =-- 130 ...... POI. - °'" C1.. No. ,-,:, , CO-.JIUr,otJ Buildings I -t..•d UAP . t '° • r , 1C...,r..< . < •, . JN I• • T Jt1 • HI'.~ --· 1 •• - I J:!OoA. j Industrial ~~ g ~NS I• "t.t,,, 1.0~~ WA~ in - ' ce 3 tf-?::l=::1=::r=J:=:=::=:=::=::ll=:::Jl=:::Jl=:::J · 0 & ~ ffi 'I/.A I~ '' o ' exist ' --- ' : ~\..IO ~l{l,;O Use MIDE (CN'f . -- . - of rn,;, ..,.... ; .1 11hlspbrl 1,. - prouc, ouse: caoe.. ,._UJt,.,+,,J h e Change r ~1horned~nionor •~not~ n~ 1 existing wa •· • --- (SE) 1; . • .. - t , N • . , . • • • O , ••1 f! .. f toilet • ,, I A ! --- ! ; kitchen : • ' dlabled - I 1 ELEV . 1 ~ • : • • _ i-- • FRONT ~ (NE) ~ . 2 t" proposed lunchroom t:~ ~tt.A ~-'O AIL IM 11 ~ ~C, IJl J t. EVATION N. L f AU.IM E DE I S OAH 3.9m h ed s proposed NG I ~~---- · PLAN CANN ---- OF 0!i/1W2020 OAH 7.44m AMENDED CITY ----

Page 114 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool SD-011-20

Item SD-011-20 - Attachment 1 Development Plans 1. NG I PLAN CANN 1:100(A3} OF ting 27/03/2020 OAH -l_ AMENDED exis CITY warehouse Rear pool March2020 ~ Australia • ELEVATION .--i-I . Rev.c Welsh -t Relines r"·-·1 : $!DE Elevations l Street, ~ ____ 1 (SW) .. - _ Mills ! _... - Proposed 20) 3.7: . (Lot Att -_j--.....--..----;9_--;,o - 130 . ___ '--- ...:;~ No _-_ ~.;.. - ______: .. : ------Buildings _ - ~~-----~~-~-~I_Me_u~es _,;..--]_-_- Industrial =m'- & ~F1:::l-~- o;, Use of ______~-e"'!d .. (NE) ~ - ; ------2 Change Unlu.1homfdn:produnlonor l~nols--,lntd. n~pm,tn,1hlspl.lft. p_r"'I shed proposed shed proposed ELEVATION SIDE (NW) . ELEVATION REAR ______,_ . po« 0(,,... .,. W ng ---- ~ t\O 'n, existi li'I. warehouse -i--- I c»-.JK ... OAH 1.- ~ 7.44m l J

Page 115 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool SD-011-20

Item SD-011-20 - Attachment 1 Development Plans l 1oo(A3 : 1 2020 h c Mar Australia - .C es ev n R Welshpool Elevations Reli i 10 Street, ., Existing ,..-u- i 9 Mills 3.5: 20) Att. - (Lot , roe 130 Orf,,.._ (NW) •1.. . No. Ta Buildings ._,. • C.-.IIKTl()U a,.; -;:.-::.-::.-::.-::.-::.-::.-::.-::.-::.-=-,--~~-- c.J.AP l.... .+--=l •• • • " ~ - . II • ELEVATION ' ~ -w • --- Industrial • 1 I J:IOo,tl. ~ - . & ' li,. • • -• -E9-- ' O i"-l • · O ' - ,, h :i •• ;I • Use ;. ~ REAR • ' •' : ~ ) I ,Aoc11.A"I.C, ' - 1 ••• ··• of a, .•• thkplan, U ~nlon ptlXK Change Un111thl:wMd lfflffldrwm.1'1111.~ Cl(op)onlJh! • ~ ,. ·{ ••• • , .,: • .. . 11 I . . •rn:'q• ...... , . lft...,,~0• 1 ' : (SW) 1. :.- I l!•:•r;nf1 , 1' ~-- ,-,.;:.. r,,-....,, . ~ I.JO I D1t..a.:. · t W -~ .;;. ..

Page 116 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool SD-011-20

Item SD-011-20 - Attachment 4 Consultation Map pool Welsh Street, Mills 130 - Depot Map Transport Proposed Consultation 15/20057.1- Application Development Area Objection Referral No Objection • -- •

Page 117 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool SD-011-20

Item SD-011-20 - Attachment 5 Schedule of Submissions

5 of a is of of 3 for for for the the will and and . . ty i noise of and nature Officer Page section create industry with reversing imposing vehicular proposed ness te operating i i above above above. impact amen the Depot s mechanical 00am Regulations the : not b) b) a) ng development development provided provided provided Management 7 ectives bus i . The j light resultant the good tonal in and . the will ob any the large to on limit the through The a how Noise ng on reason reason reason (Noise) i the allow compliance to as . nimised Transport other a i Street on on m allowing Comment Comment Comment prior and mpact of Recommendation used included to activities properties mean the well meet l i ection ection be Comments j j Mills not section fitted tions as i Objection Ob Ob will that uses located zone, Protection been 1 1 1 operations Officer Officer Officer demonstrate . . times be vehicles is along nd demonstrate cond business No No No. intensity the Officer la or Officer's noise residential operations ail the the the also to detrimenta preparation to condition in the managed in further A to to to at business Industry . has to opment opment considered be l l nearby the is beepers included required hours requiring business Plan Refer Refer Refer Recommendation will site associated equipment Submission Submission Submission Environmental 1997 Light It Warehouse the significant similar appropriate approval of deve deve d) e) b) c) of cul­ water trucks ng i by business a from the adjoin for and e l the ng. affected i to in Submission be ife suitab park l of d l access not site wi - is on would the street . Summary on . ocation l type 1 . Residents Insufficient Impact de-sac catchment. blocking this The b) c) e) d) 15/20057 Application opment l Property Deve Affected ions- iss Subm of No. Schedule

Page 118 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool SD-011-20

Item SD-011-20 - Attachment 5 Schedule of Submissions 5 of ­ . l, h in 4 a 16 it for for i for the the the this and side that w zone Light 1968 ge - 1989 which of north at rn Bylaws No. on Pa ded i text use given ste and associated 1967 Gazette the from Resident land Government these prov in Space' Bylaws together provided as on opment designated indicated l The above. broad in public TPS16 Scheme ness i of the outh-ea that a d) s Open the was ing deve Bus n occurred zones The i set tructed 1973. the s a records Government and Comment and shows advertised on reason Plann such provision Comment c by comment. Street 'Public Street Comments ng the development i Special s designated ity's of map been er C in October purposes. Local zon ic published Mills were Officer Scheme make Mill specific included of 16 Off zone to Objection have of properties on The Officer's first the Bylaws no 3 TPS16 the was controlled d ty . l i industrial and on l. Street side TPS16, of de . a Industrial, the i to No si The was published Industrial to buffer was wou , . City's the rest a idential Mills Ward to s 1957 ('TPS16') north location Re by map land Light Rural Prior Refer Industr were western for the there and approved of opportun Gazette The access. Refer b) a) Submission a the ight l for from the traffic with . changed y l comp increased Submission industry initially of the not : light was on: on to does . about site Summary zone based based zone , , 1 business . Concerns buffer Subject b) industrial a) Objection Objection The 15/20057 Application nt Park Park lopme Property 37456) Queens Queens 069034) Deve , agram i Plan Occupier Occupier Affected D Street, Street on on and and D20/26903) D20/27465) 290 53 Mills Mills IM IM Submissions- 9 of 12 123 (TR (TR (Lot (Lot Owner Owner . . No. 5 4 Schedule

Page 119 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool SD-011-20

Item SD-011-20 - Attachment 5 Schedule of Submissions 5 of 5 for ge e. v Pa ided . abo v v e b} pro abo a} eason n r o n o reas Comment ecti Comments j r Ob ce i 1 . ff O Objection No Officer's 3 . o the N o ion t s . . . Submission ed ot efer Noted Noted N R Submis t of on the was than men k safety d p r . o s l l an e mity pment o i v o o an l rather i e r ise netwo de s t v o sch prox on es de d l issi d n road ocal acces pe e l s. o l posed t ie close Subm ro local se p i of industria increas dentia i The : rom the . propert res the p ng l i on The rk a properties i of d o for com l. se ing . . . r Summary egard e dent ba r on i netw tria d , s d s l gned n dential impact i re si io t 1 . des consi road re indu wou by r Objection Objecti Objection 57 00 nea No No No general Concerns Objec 2 / , 15 asin b cation i ng i k l r Appl k sat l Pa n Par s e ent 67} p n shpoo 988} m l 77 m op shpoo 65 3 } o l Property We c 1 el , Quee v er i an l e , 38 We Queens P ion 2 , , St t -D iagram 04 s Street P065589} D P n ora reet Occupier Occup Affected t o p i Street Strata on on on um i s S s iss Lansing and and ll 2 3 Cor d D20/29642) D20/27825} D20/30081} D20/2S445} i on r 0 0 a r e er 1 100 3 4 M Mills R 13 e M M M M - n t I I I I n Subm 2 R wner w ccupier f 23 41 Lot T o 13 1 (TR (TR (TR ( (Lot (Lot ( (Lot O O Ow O 4/9 Wa e ul d . e . . . 1 . No 9 6 7 8 Sch

Page 120 SD-011-20 Proposed Change of Use to Transport Depot at 130 Mills Street (Lot 20), Welshpool SD-011-20

DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

SD-012-20 Design and Construct Tender for Lake Street Urban Stream, Canning City Centre

PROGRAM: Canning Sustainable Development SUB PROGRAM: Sustainable Development Canning FILE REF: Q20/181 REPORT DATE: 2 June 2020 REPORTING OFFICER: Gary McCullough - Senior Project Leader - Canning City Centre RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Beautiful and green urban spaces. Council Strategy: Pleasing public open spaces with waterwise landscaping. Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Evaluation Report (D20/64359). (Large Attachments) (Confidential) 2. Probity Certificate (D20/66042).

In Brief: This report seeks Council approval to appoint a Contractor for the City of Canning’s (the City) Request for Tender 05/2019 for the Design and Construction of Lake Street Urban Stream (the Tender). This report summarises the Tender and Evaluation Process undertaken, and the reasoning behind the recommendation of the selected Respondent. The Evaluation Report containing an in depth analysis of each Respondent and the evaluation panel assessment of their Offer, is considered to include commercially sensitive information and as such has been provided to Council under separate cover as a Confidential Attachment (refer Attachment 1). An independent Probity Advisor was engaged throughout the tender process, from planning through evaluation and recommendation phases, in order to review the process but not to assist or engage in decision making. Attachment 2 of this report is a Probity Certificate outlining the Probity Advisor’s considerations of the process undertaken. It should be noted that the timely delivery (by the City) of the Lake Street Urban Stream is stipulated in the contract of sale agreement with Georgiou Group and there is therefore an obligation by the City to deliver the project in line with existing budget allocations adopted by Council.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

OFFICER RECOMMENDATION That Council: 1. Accepts the Tender submitted by Sanpoint Pty Ltd trading as LD Total as the recommended Respondent to form contract 05/2019 for the Design and Construction of Lake Street Urban Stream. 2. Authorises the Chief Executive Officer to execute the contract, subject to the negotiation process being completed including any variations of a minor nature.

Relevant Council Resolutions

Council Meeting and Date Report No Decision MOVED Cr Kunze, SECONDED Cr Jacobs, that Council: 1. Endorses the Canning City Centre Regeneration Program; 2. Requests the Chief Executive Officer prepares a phased funding Plan for the OCM 18 April 2017 CE-007-17 City Centre Program within the drafting of the 2017-18 Annual Budget; 3. Supports the establishment of a Liquidity Lending Facility with the West Australian Treasury Corporation within the drafting of the 2017-18 Annual Budget. CARRIED UNANIMOUSLY (10/0) Confidential Report: MOVED Deputy Mayor Holland, SECONDED Cr Tarrant, that Council: 1. In accordance with Section 3.58(4)(c)(ii) of the Local Government Act 1995, resolves that the land value of $6,600,000 (inclusive of GST), based on the valuation undertaken on 14 September 2016, is a true indication of the value for the total effective developable land area of the Canning City Centre Transit Orientated Development Site, which is made up of OCM 17 October 2017 CC-030-17 the following lots: a) 14 Lake Street (Portion of Lot 37), Cannington. b) 12 Lake Street (Lot 38), Cannington. c) 8-10 Lake Street (Lot 39), Cannington. d) 2-6 Lake Street (Lot 40), Cannington. e) 71-75 Cecil Avenue (Lot 41), Cannington. f) 77-83 Cecil Avenue (Portion of Lot 1), Cannington. 2. Authorises the Mayor and Chief

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Relevant Council Resolutions

Council Meeting and Date Report No Decision Executive Officer to execute the Sale Agreement, subject to any amendments recommended by the City’s Solicitors, provided those amendments introduced do not materially alter the framework of the Sale Agreement. CARRIED UNANIMOUSLY (11/0)

BACKGROUND

1 The Project was initially conceived in 2015 as one of the City’s urban design strategies for the Canning City Centre Activity Centre Plan. The Project is being undertaken within the area known as the Cockram Street main drain, which is a significant Water Corporation infrastructure asset. The City has negotiated with the Water Corporation to take ownership of the area to facilitate its development from a drain into an urban stream with the transfer of ownership now complete allowing for the development of the urban stream to proceed. Water Corporation will continue to have access to the site to maintain the water body.

2 The Lake Street Urban Stream (in Blue below and 3,726m²) is bounded by Cecil Avenue and Lake Street. Adjacent the Mason Bird building, owned by Charter Hall and tenanted by the Building Commission and Worksafe, the office has workers and visitors frequenting the area.

3 The lots to the northwest (Transit Orientated Development Site) are owned by Georgiou Developments and Mercycare Limited. These lots were previously owned by the City and were sold to Georgiou Developments in 2018 after Council endorsed the sale at its October 2017 Ordinary Council Meeting (Item CC-030-17 refers). A Sale Agreement as part of this land transaction requires the City to construct the urban stream. Georgiou Developments recently subdivided the site and sold the larger lot to Mercycare Limited and may develop or sell the remaining lots.

4 All key stake holders have been consulted throughout implementation of the Lake Street Urban Stream process and will be involved as the project proceeds through the detailed design phase.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

5 This project will deliver a key piece of Public Open Space (POS) and the third significant project within the Canning City Centre Regeneration Program; Cecil Avenue West and Wharf Street Basin being the other projects. This project is required to ensure development in the Canning City Centre also has high quality open space to support the expected additional population via high density development to achieve the City Centre vision.

6 Essentially, this new POS will be achieved by unlocking a piece of fenced off Water Corporation infrastructure and will set a new benchmark for the delivery of quality Urban Stream developments within the Canning City Centre. By working in partnership with Water Corporation, the City will be redefining future beneficial community uses for this type of infrastructure, which can be found right across the Perth Metropolitan area.

7 In taking on and delivering projects of this type, in partnership with Water Corporation, the City will continue to cement its position as a leader in the development of innovative, environmentally sound and community focussed POS infrastructure.

DETAILS

8 Procurement planning for the Tender commenced in January 2020. Planning for this process considered a broad spectrum of requirements, including but not limited to: a) Previous and proposed procurement process. b) Risk analysis. c) Sustainability issues and considerations. d) Market research. e) Evaluation requirements. f) Contract management requirements.

9 A City Procurement Plan, covering all of the above was endorsed by the Director Canning Sustainable Development in February 2020.

10 The Tender was compiled based on the information within the procurement plan, and using the City’s Request and General Conditions of Contract for the tender submission conditions. The Tender stipulated the Design and Construct Project Budget ($1,050,000); various Milestones for phased delivery; and a completion date of 31 March 2021.

11 The Tender was advertised under the Local Government Tenders section in The West Australian newspaper, as required under legislation, on Saturday, 29 February 2020 and released via the City’s TenderLink e-tender portal on the same day.

12 One addendum was released in relation to the Tender, and related to identifying attendees at the non-mandatory briefing session, providing the presentation material shown in the briefing session and providing the questions asked and answers given in the briefing session.

13 The Tender closing date was 2.30pm on Tuesday, 31 March 2020 for a total open tender period of 32 days, which is 18 days longer than the minimum 14 day open tender period required under legislation.

14 The City received a total of five submissions from the following Respondents (Directors): a) Environmental Industries Pty Ltd. (Barry Mervyn Winterbourn and Veronica Lesley Winterbourn). b) Sanpoint Pty Ltd trading as LD Total. (Todd Fiore; Paul Fiore; Kelly Louise Chapman; Dean Fiore; Frank Joseph Paul Fiore; and Josephine Fiore).

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

c) Menchetti Consolidated Pty Ltd trading as MG Group WA. (Carlo Simon Menchetti and Nicholas Gino Menchetti). d) Natural Area Holdings Pty Ltd trading as Natural Area Consulting Management Services. (Luke John Summers and Davina Cherie Summers). e) Syrinx Environmental Pty Ltd. (Kathy Anne Meney).

15 The five Respondents addressed the Compliance and Disclosure requirements, and so all passed through to the qualitative criteria.

16 The Qualitative Assessment was comprised of the following criteria, as identified in the Request for Tender document: a) Organisational Capability, Practices and Key Personnel – 30% Weighting. b) Demonstrated Understanding and Methodology – 35% Weighting. c) Demonstrated Experience – 35% Weighting.

17 A pre-consensus meeting was called between the three evaluation panel members, the independent Probity Advisor, a non-voting Senior Project Planner and a Procurement representative, where the process requirements were covered and the Respondents identified. All evaluation panel members completed a Declaration of Confidentiality and Interest, prior to evaluation.

18 Respondent offers were then individually assessed against the above criteria by the evaluation panel members, who then convened for a consensus meeting with the independent Probity Advisor, the non-voting Senior Project Planner and a Procurement representative, to determine the final score applied to each criteria for each Respondent.

19 Following the consensus meeting, it was considered the recommended Respondent (Sanpoint Pty Ltd trading as LD Total) had addressed the criteria to a high level and submitted a competitive pricing structure and was therefore considered to best represent value for money for the City. CONSIDERATIONS Legal Compliance

20 Under the Local Government (Functions and General) Regulations 1996 – Part 4, Division 2, Clause 11(1), the City is required to publicly invite tenders if the consideration is expected to be in excess of $150,000. Policy Implications

21 City Policy AF301 Procurement of Goods and/or Services applies to this procurement process and has been fully complied with. Financial Considerations Business Plan

22 The project forms part of the Canning City Centre Regeneration Program and is a key component of the Canning Sustainable Development Business Plan.

23 Funding for this project was identified in the Canning City Centre Regeneration Program and set aside in the City’s Long Term Financial Plan (LTFP). The tender stipulated the budget (as per the LTFP) for the Design and Construct of the Lake Street Urban Stream.

24 Funding of $1,092,056 was endorsed for this project and is in the adopted Capital Works Program budget for 2019/2020. The project’s timeframes have been amended to now be delivered and completed within Financial Year 2020/2021. Currently, $1,067,150 remains of the project budget and will be carried forward to 2020/2021.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Internal Budget

25 The preparation of the tender documents and the evaluation process has been managed under normal staff allocation and the supervision of the project is budgeted as part of the existing capital allocation. In mid-May this year Water Corporation contributed $15,000 to this project further strengthening their relationship with the council and their belief in our delivery processes for these transformational projects. Asset Management

26 The infrastructure within the Lake Street Urban Stream, including paths, landscaping, and park furniture proposed to be installed, will be added to the City’s Asset Register for the City to maintain. In principle, the City will be responsible for the water body, the living assets and any additional infrastructure added as part of this project.

27 While the City now owns this land in freehold title, the Water Corporation has an easement over the land parcel to protect their drainage rights. As part of the easement, the City is required to enter into and comply with a maintenance agreement. This agreement binds the City and Water Corporation to the joint management of this land. This document was finalised and signed in February 2020. Sustainability Considerations

28 The Lake Street Urban Stream addresses two Commitments listed in Sustainability Policy CM194: “Commitment 4: A commitment to climate responsive urban development that will integrate green infrastructure into the built and natural landscape to future-proof the City against potential impacts of climate change; including heat island effect, water management and drainage infrastructure pressures. Commitment 5: A commitment to protecting environmental integrity and biodiversity. This Project acknowledges that the City’s unique biodiversity and ecological systems have intrinsic worth beyond their value as a community amenity or economic resource, they play an essential role in the cultural, spiritual, mental and physical health of our employees and community. This Project also aims to protect, conserve and enhance the natural environment through active environmental stewardship and responsible natural resource management.” Consultation

29 Not applicable.

Other Considerations or Risks

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity The D&C Tender contract Officer Value for money. set the Budget. Recommendation Competitive approved by the Advise Very High decision making. Almost Certain Significant Council (positive successful and (Opportunity) outcomes) Creation of the unsuccessful Opportunity A Lake Street Urban Respondents Stream. and execute contract. Officer Recommendation Supplier Contract Medium approved by the performance Unlikely Minor management. (Risk) Council (negative issues. outcomes)

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Risk B

Project delayed Detailed with potential for evaluation contractual issues process aligned Officer with Georgiou to legal Recommendation Developments on requirements. High deferred by the Likely Moderate adjoining site. (Risk) Council External probity Risk C Duplication of advisor. effort if project Adherence to all proceeds at a Policy and later date. legislation. Likely to be contractual issues Detailed with Georgiou evaluation Developments process aligned Officer who acquired the to legal Recommendation site with requirements. Extreme declined by the Almost Certain Significant agreement the (Risk) Council External probity City would deliver Risk D advisor. the Lake Street Urban Stream. Adherence to all Policy and Site remains an legislation. inaccessible drain.

COMMENT

30 The evaluation panel has thoroughly evaluated the submissions in accordance with the evaluation criteria, in order to determine the recommended Respondent and considers this Respondent is best suited to provide value for money to the City.

31 An independent Probity Advisor was engaged to review all tender documentation from the initial procurement plan through to the final evaluation report, and to witness the pre-consensus and consensus meetings, to ensure a fair, honest and transparent process was undertaken.

32 This report seeks Council’s endorsement to accept the tender submission from the recommended Respondent, and to authorise the Chief Executive Officer to finalise the appointment and establishment of the contract.

VOTING REQUIREMENT

33 Simple majority.

AGENDA BRIEFING COMMENT

34 Not applicable.

Page 127 SD-012-20 Design and Construct Tender for Lake Street Urban Stream, Canning City SD-012-20 Centre

Item SD-012-20 - Attachment 2 Probity Certificate

Stontons tnterrofionol Audit ond Consulting Ply Ltd troding os PO Box 1908 West Perth WA 6872 Stantons International Australia Chartered Accountants and Consultants Level 2. I Walker Avenue West Perth WA 6005 Australia

Tel : +6189481 3188 Fax: +61 89321 1204

AB N:84 144581 519 www.s tantons.com.au 18 May 2020

Mr Athanasios Kyron CEO City of Canning 1317 Albany Highway Cannington WA 6107

Dear Mr Kyron ,

RE: PROBITY CERTIFICATE CITY OF CANNING DESIGN AND CONSTRUCTION OF THE LAKE ST URBAN STREAM -05/2019

1. Introduction

This report details our opinion regarding the probity of the processes undertaken in the development of the Request documentation, the management of the proposal preparation phase and the conduct of the evaluation process for the above Request.

This report outlines the involvement of Stantons International (SI) in the process and our opinion that this has been a thorough process that has complied fully with appropriate probity requirements.

2. Involvement of Stantons International

On this occasion, the City of Canning (the City) engaged SI as the probity advisors to the process from the procurement planning stage of the project and we have provided probity support from prior to completion of the development of the Request document through to recommended outcome. As such, we have been involved throughout the process and have been able to make a progressive contribution to the conduct of the process and the review of probity issues.

3. Purpose and Scope

The purpose of this review was to ensure that the evaluation process was administered fairly and impartially to all parties and was consistent with relevant Local Government and City regulations, policies and guidelines.

4. Summary and Evaluation Methodology

In summary, this procurement was structured as a single-stage, open process, consisting of the public release of a detailed Request for any interested party to respond to. After the receipt of submissions from the Respondents, an evaluation process was carried out by an Evaluation Panel in conformity with the Evaluation Handbook document that was developed for the Request. The evaluation process involved individual assessment and scoring of the responses, followed by a consensus process and group assessment to

Uobirity limiledbyo schemeopproved Member of Russell Bedford International MiMI urder Professiorol Stondord s Legislation

Page 128 SD-012-20 Design and Construct Tender for Lake Street Urban Stream, Canning City Centre SD-012-20

Item SD-012-20 - Attachment 2 Probity Certificate

Stantons International

identify the Preferred Respondent for recommendation . SI was present at all critical points during the process and observed the process as being conducted in an unbiased manner that was fair to the Respondents at all times.

5. Notable Events

During our review no significant issues were identified that would be likely to have an impact on the outcome of the process from a probity perspective. The process was conducted in a professional and well managed manner at all times.

6. Recommendations

No specific recommendations are made to enhance this process.

7. Deviations from Agreed Procedures

No specific recommendations are made to improve the probity of future evaluations such as this.

8. Conclusion

We are satisfied in relation to the following : • The Evaluation Panel applied all relevant Local Government and City supply policies and complied with all relevant probity requirements during the evaluation process. It is our opinion that the evaluation process was free from bias and inequity. Documentation supporting the evaluation process provides sufficient evidence for third party review and accurately describes the process undertaken. • The process was conducted fairly and equitably.

It is our opinion that the process was fair and equitable and in accordance with the requirements of the Request document and the supporting Evaluation Handbook. Should you wish to discuss any matters raised in this report, please contact the undersigned.

Yours faithfully

Kevin Donnelly Principal, Probity & Procurement

2

Page 129 SD-012-20 Design and Construct Tender for Lake Street Urban Stream, Canning City Centre SD-012-20

DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

SD-013-20 Metronet Project, Ranford Road Train Station - Land Matters (first phase)

PROGRAM: Canning Sustainable Development SUB PROGRAM: Land Utilisation FILE REF: Q20/186 REPORT DATE: 2 June 2020 REPORTING OFFICERS: Nikki Crook - Leader Land Assets Troy Bozich - Manager Development Engineering Etienne Brits - Executive Manager Strategic Planning RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Integrated, accessible, and safe transport alternatives. Council Strategy: Better public transport - frequent, accessible and well-linked. Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Attachments: Nil.

In Brief: As part of the Metronet’s Thornlie – Cockburn Link project, a new train station is to be developed at the intersection of the rail line and Ranford Road in Canning Vale. The City of Canning owns much of the surrounding land, some of which is required to support the project. There are a range of land matters that will require Council’s consideration. Given that the project is in the design phase, it is not possible to consider all land matters in one action. Rather, this situation will evolve over the course of the project and the City will respond as required. In the first instance, Council is requested to consider the licensing of land to provide for laydown and construction works north of the rail line and on the City’s Lots 78, 79, 302 and 303 Ranford and Bannister Roads. In addition, Council is requested to consider an additional licence south of the rail line to provide early access to the Public Transport Authority (PTA) and its contractors, pending the finalisation of matters surrounding the eventual purchase of this land by the Western Australian Planning Commission (WAPC).

Page 130 SD-013-20 Metronet Project, Ranford Road Train Station - Land Matters (first phase) SD-013-20

DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

OFFICER RECOMMENDATION That Council: 1. Approves the City entering into a licence with the Public Transport Authority of Western Australia over portion of Lots 78, 79, 302 and 303 Ranford and Bannister Roads, Canning Vale, subject to the terms and conditions outlined in this report. 2. Approves the City entering into an early access licence with the Public Transport Authority of Western Australia over portion of Lots 302, 303 and 500 Ranford Road for the proposed land acquisition area, pending the settlement of that land sale, subject to the terms and conditions outlined in this report. 3. Authorises the Chief Executive Officer to finalise and sign all licence documentation between the City of Canning and the Public Transport Authority of Western Australia (in accordance with Section 9.49A(1)(b) and (4) of the Local Government Act 1995).

Relevant Council Resolutions

Council Meeting and Date Report No Decision MOVED Cr Kunze, SECONDED Cr Tarrant, that Council: 1. Notes: a) The State Government’s plan to extend the Thornlie Line to connect with the Cockburn Central Train Station on the Mandurah Line. b) That the proposal includes a new station on Ranford Road in Canning Vale, within the City of Canning. c) That a second station is proposed on Nicholson Road in Canning Vale, and whilst it will be located within the City of Gosnells, it will be adjacent to the City of Canning boundaries 18 July 2017 Item 14.1 – Notice of Motion and provide significant benefit to City of Canning residents. 2. Requests the Chief Executive Officer to: a) Consider measures by which the City of Canning may engage with the State Government and relevant stakeholders to influence the project. b) Prepare a report for Council providing consideration of the above, and outlining the benefits and opportunities that the project may deliver to the City of Canning, including what transport infrastructure the City may need to consider to improve access to the new rail line.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Relevant Council Resolutions

Council Meeting and Date Report No Decision CARRIED (10/1), Cr M Hall Against

MOVED Cr Kunze, SECONDED Cr Holland, that Council: Notes the information contained 21 November 2017 SD-020-17 within the report relating to the new train stations at Ranford Road and Nicholson Road. CARRIED UNANMOUSLY (11/0)

BACKGROUND

1 Metronet's Thornlie-Cockburn Link project, which includes the new Ranford Road station in the City of Canning, is progressing well. The proposed Ranford Train Station will provide improved access to public transport to thousands of City of Canning residents and businesses.

2 The works associated with the Ranford Train Station precinct include: a) A universally accessible train station with public amenity including public toilets, public services (such as vending machines), kiosk, passenger ticketing/information, staff amenities, station administration offices, storage/cleaning and operational facilities. b) A connection to a principal-shared path west of the station, with two secure bicycle parking shelters, bike u-rails and ability to add two additional secure bicycle parking shelters in the future. c) A bus station with 14 stands with weather protection, seating and information facilities, including six layover bays. d) A dedicated passenger drop-off area and approximately 400 parking bays, which can be expanded in the future. e) A new Ranford Road Bridge to span two freight lines, two passenger lines and a principal shared path. f) The construction of a portion of the Eastern Link Road to service the Station and the City’s Waste Transfer Station. g) The provision of new traffic signals at the Ranford Road – Eastern Link Road intersection.

3 A Planning Control Area (PCA) is currently in place over the Ranford Road Station site as gazetted on Tuesday, 7 May 2019. The PCA provides the State Government with temporary planning control to deal with the planning and development of infrastructure required for the development of the new station. The PCA will be in place for up to five years or may be revoked earlier following the clearance of development conditions related to the Ranford Road Station.

4 Federal and State environmental approvals were granted by the Environmental Protection Agency and the Environment Minister in late 2019 for the clearing of native vegetation.

5 The NEWest Alliance, with CPB Contractors and Downer Group, was appointed in December 2019 to deliver the Thornlie-Cockburn Link in coordination with the Public Transport Authority (PTA). The City is currently working closely with the NEWest Alliance and PTA to ensure that the proposed modifications to the City’s road infrastructure and access to the Waste Transfer Station are acceptable and will not negatively impact on future City works.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

6 The City has been discussing the land requirements associated with the project since August 2019, though initially in principle until concept and design plans were further progressed. In February 2020, PTA provided a first draft of a plan indicating the laydown licence area, though this has been further revised since this time. In addition, a range of other land matters have been raised and remain in discussion. In the first instance, PTA has requested the City’s consideration of licence matters only at this stage.

DETAILS Laydown Licence

7 The PTA has requested use of part Lots 78, 79, 302 and 303 Ranford and Bannister Roads, Canning Vale. The City owns all land in freehold title. The licence area extends over approximately 3.6 hectares, as shown below:

102 OP 408566 -rII

UCENCE AREA 0. 599Bha (3.63'.2hal

78 p 2

UCENCE AREA 302 0.6595ha OP 3011,B 3. 503Sha

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

8 The main access will be from Bannister Road, which is considered the safest option for traffic control and vehicle movements. The access leg is also licensed to Soils Ain’t Soils (WA) Pty Ltd as part of their lease of Lot 79, however this Lessee has not raised any objections to this option. Two licences may exist over the same land area.

9 The licence plan as it currently stands excludes the land required for the future widening of Ranford Road and this will be addressed as a separate land matter in future items.

10 The PTA have proposed the following licence terms: a) Two year licence term, commencing 1 July 2020 and expiring 30 June 2022. b) Nil licence fee. c) Licence purpose for site compound, temporary storage, amenities and laydown area associated with Ranford Road Bridge Build. d) PTA to pay all outgoings associated with the land (rates, taxes, charges, utilities etc.). e) Six months termination notice by either party.

11 The City has sought further information from the PTA on the construction of the laydown, capping and surface treatment methods, make good arrangements, drainage, fencing, signage, safety measures, traffic control etc. While some of these details may be incorporated into the licence document, they will not change the key terms of the proposed licence.

12 The primary objection to the key terms proposed by PTA is the nil licence fee. The City has sought an independent market rental valuation on the licence fee. It has been valued at $166,000 + GST and outgoings per annum.

13 While City Officers considered works in lieu of the payment of licence fee, at this stage in the design process it is difficult to identify works that might be of value and benefit to the City’s ratepayers. As such, it has been proposed that the City seek the payment of the licence fee as monies and will further consider where this financial contribution can best be applied. Future Land Actions

14 Further items to Council will be presented in the coming months to consider the following matters:

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

a) The acquisition of portion of the City’s Lots 302, 303 and 500 Ranford Road required predominantly for the train station parking area and bus station. b) The widening of Ranford Road generally. c) The widening of Ranford Road as it impacts the Soils aint Soils lease area and the potential variation of this lease. d) Changes to the Eastern Link Road reserve and local access roads to the station car park and the City’s Ranford Road Transfer Station.

15 These matters are all contingent on the further progression of the design development to identify final land boundaries and road alignments. City Officers are working closely with the PTA and NEWest Alliance in support of the project and to ensure the City’s interests are protected. Land Acquisition Area – Early Access Licence

16 The WAPC, in liaison with the PTA, proposed the acquisition of the City’s land (as mentioned above) for the train station parking area and bus station. A plan of the proposed acquisition area was provided in April 2019, indicating an acquisition area of approximately 3.7 hectares. This plan does not reflect current designs and is likely to be significantly amended, but is provided below to indicate the general land area of interest.

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17 The design complexity of the project means that the acquisition land area boundary is still awaiting finalisation. However, both agencies are insisting that the land acquisition can be settled by 1 July 2020. This is not considered reasonable or possible.

18 The City does not wish to delay the project commencement and on this basis, has been discussing early access with PTA. PTA would like this to be on the basis of exchange of letters, however it is common practice to enter into a licence agreement to facilitate this type of arrangement and this would be the preferred mechanism to protect and indemnify both parties.

19 It is proposed that the early access licence be granted on a nil fee basis, as it is an interim measure to provide sufficient time for the City and the WAPC to negotiate the land acquisition. The licence would contain sunset clauses binding both parties to a timeframe for entering into a contract of sale and would likely terminate on settlement of the land purchase.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

20 As this is not the PTA’s preferred method, the City has offered to prepare this early access licence at its own cost. This is done to manage the City’s risk appropriately, while acting in good faith in support of the project.

21 One of the outstanding issues currently being considered in detail is the impact on access to and layout of the Ranford Road Transfer Station, as the proposed parking area and bus station requires portion of the land area currently contained within the fence line of the Ranford Road Transfer Station. City Officers are working closely with PTA and the NEWest Alliance to ensure that any impact on the City’s transfer station is workable and will not have a detrimental impact on this essential service.

22 While these discussions are ongoing, it is likely that the early access licence will only extend to those land areas outside of the fence line for the Ranford Road Train Station until the City is satisfied with all future design plans. CONSIDERATIONS

Legal Compliance

23 Section 3.58 of the Local Government Act 1995 applies to the disposition of property. The section of the Act is not considered to apply to this proposal because: a) Disposal is defined as sale, lease or otherwise dispose of and this is not considered to include licences which grant non-exclusive possession only. b) Disposal of land to government agencies, acting on behalf of the State of Western Australia, are exempt from the requirements of the Act.

24 It is noted that all legal documents are being vetted by external legal services to ensure that the City’s interests are appropriately represented.

Policy Implications

25 Council’s Policy BR.01 Tenancy Management applies to this proposal. The proposed licences are considered to be consistent with the provisions of this Policy as they apply to licensing to Government agencies.

Financial Considerations

Business Plan

26 This action is consistent with the City’s Corporate Business Plan 2018-2021 for the Land Utilisation Sub Program, which includes working with State Government to achieve land requirements to facilitate major projects and road requirements.

Internal Budget

27 The laydown licence is proposed to bring income to the value of $332,000 + GST over the two year licence term. This income has not otherwise been accounted for in the current budget.

28 It is proposed that this income be redirected to other engineering opportunities resulting from the project (outside of the scope of works by the State Government). Further details on such opportunities will be provided to Council in future items, as they are contingent on the design process currently in progress.

29 There will likely be minor expenditure (i.e. less than $5,000) associated with the preparation of the early access licence. This can be accommodated in current budget allocations for legal services.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Asset Management

30 The Metronet Thornlie to Cockburn Link Project will result in the significant upgrade of both State and Local government assets in terms of upgraded road networks and rail infrastructure. The City’s land assets will likely further benefit from the upgrade of public infrastructure over the life of the project, providing potential opportunities for transit orientated development around the train station.

Sustainability Considerations

31 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

32 In considering the new Sustainability Policy CM194 commitments, this project is consistent with Policy Commitment 4 – A commitment to a climate responsive urban environment. This project is ultimately about improved public transport and reduced reliance on vehicles for mobility.

Consultation

33 City Officers are working closely with the PTA, WAPC and NEWest Alliance to achieve the Metronet project objectives. The Metronet project team is also undertaking public consultation and education.

Other Considerations or Risks

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Metronet project City Officers are Officer is supported and working closely Recommendation the project may with PTA and approved by the High commence. NEWest Alliance Likely Significant Council (positive Improved public to support the (Opportunity) outcomes) transport and project while Opportunity A road networks protecting the within the City. City’s interests. City Officers have discussed options with Officer PTA in detail. Recommendation Licence approved by the Proposed Licence conditions are High Possible Significant Council (negative conditions are not based on (Risk) outcomes) supported by PTA. external advice Risk B and are commonly applied arrangements in the market. City Officers have explored a number of Officer possibilities to facilitate project Recommendation This will delay the commencement Medium deferred by the commencement Unlikely Significant and outlined a (Risk) Council of the project. Risk C proposal that protects the City’s interests while achieving project

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity objectives. City Officers Metronet project have explored a will be delayed. number of PTA may seek possibilities to Officer alternative facilitate project Recommendation laydown commencement High declined by the Unlikely Major arrangements, and outlined a (Risk) Council which will be a proposal that Risk D loss for the City. protects the May jeopardise City’s interests the future land while achieving sale. project objectives.

COMMENT

34 The Metronet project is a significant State Government initiative to improve public transport and mobility in Perth. While the City of Canning will benefit from the outcomes of the project, it is also important that the City’s interests are protected as a landowner and service provider in the area.

35 This is the first report in a series of considerations to be presented to Council to consider land matters relevant to the project. The City considers this is the best method to facilitate the project while responding to the evolving design currently in progress.

VOTING REQUIREMENT

36 Simple majority.

AGENDA BRIEFING COMMENT

37 Not applicable.

Page 138 SD-013-20 Metronet Project, Ranford Road Train Station - Land Matters (first phase) SD-013-20

DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

7.4 Director Canning Environment EN-012-20 Long Term Cycling Network - Department of Transport

PROGRAM: Canning Environment SUB PROGRAM: Build Canning FILE REF: Q20/148 REPORT DATE: 2 June 2020 REPORTING OFFICERS: Elda Atkins - Traffic Engineer Owen Clark - Engineering Technical Officer Traffic RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Integrated, accessible, and safe transport alternatives. Council Strategy: Better pedestrian and cycling infrastructure. Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. City of Canning - Long Term Cycling Network Plan (D20/64940).

In Brief: The Department of Transport (DoT) is seeking Council endorsement of the aspirational Long Term Cycle Network (LTCN) developed in collaboration between City of Canning (the City) and DoT. Council endorsement is considered necessary to demonstrate region wide agreement of the LTCN; which will assist in any Federal and State Government funding discussions and associated applications. The City’s Walking and Cycling Plan, endorsed by Council in May 2018, is proposed to be amended via the inclusion of the LTCN as an appendix.

OFFICER RECOMMENDATION That Council: 1. Endorses the Long Term Cycle Network, contained as Attachment 1 to this report, developed in collaboration between City Officers and the Department of Transport. 2. Requests the Chief Executive Officer to amend the City’s Cycling and Walking Plan, via the inclusion of the Long Term Cycling Network as an appendix.

Relevant Council Resolutions

Council Meeting and Date Report No Decision That Council adopt the Cycling and OCM 15 May 2018 EN-011-18 Walking Plan as presented in Attachment 1. That Council: 1. Adopts the Integrated Transport OCM 20 August 2015 IE-051-15 Strategy as detailed in attachment 4 to assist and provide guidance in the

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Relevant Council Resolutions

Council Meeting and Date Report No Decision future planning and Capital Works Program of the City’s roads, public transport routes, priority lanes, cycle paths, shared paths and footpaths.

BACKGROUND

1 The Department of Transport (DoT) has worked with 33 local government authorities in the Perth metropolitan region and Peel region to agree on bicycle routes that link parks, schools, community facilities and transport services to make bike riding a convenient and viable option. The Long Term Cycle Network (LTCN) project aims to agree a long term aspirational bicycle network for the regions.

2 The aim of the LTCN project is to develop an aspirational blueprint to ensure State and local governments work together towards the delivery of one continuous bicycle network, providing additional transport options, recreational opportunities and support for tourism and commercial activity; creating a bicycle network catering for all ages and abilities.

3 In 2016, as part of the State government’s Long Term Transport Strategy - Transport @3.5M, the DoT released the Cycling Network Plan (the Plan).

4 The aspirational long term bicycle network identified within the Plan was based on a robust methodology of connecting all key activity centres. However, the Plan was developed by the DoT in-house with little consultation from local governments due to the time constraints to deliver the Plan.

5 In 2017-2018, DoT were successful in receiving funding across a two year period to deliver the LTCN project, to go through detailed engagement with 33 local governments across the Perth metropolitan region and Peel region, and to agree a long term aspirational bicycle network for the regions that supports and addresses local and regional bicycle connections.

6 In May 2018, the Council endorsed the City’s Walking and Cycling Plan. The Walking and Cycling Plan runs through to 2036 and is scheduled for major review in 2023 in conjunction with the City’s Integrated Transport Plan.

DETAILS

Long Term Cycle Network Project

7 The Long Term Cycle Network Project started in July 2018 and is due to be completed by June 2020.

8 DoT and local government Officers worked together to identify LTCN routes and categorise routes using a new simplified three tier route hierarchy of primary, secondary and local routes.

9 The categorisation of routes has been based on the function of a given route within a road network, as per the diagram below:

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Primary routes are high demand corridors that Secondary routes have a lower demand than Local routes are low demand and are predonmantly connect to major destinations. They provide high­ primary routes, but provide similar levels of quality, located in local residential areas. quality, safe, convenient (and where possible safety and convenience. They provide access to higher order routes and local uninterrupted) routes that form the spine of the cycle These routes provide connections between amenities and recreational spaces. network. primary routes and major activity centres such as These routes are conducive to medium or long shopping precincts, industrial areas or major health, distance commuting/utility, recreational, training and education, sporting and civic facilities. tourism trips. 10 Following DoT and local government Officers agreeing to an aspirational draft LTCN, the network was reviewed by Main Roads WA, Public Transport Authority (PTA) and Metronet teams. This process has ensured that these State agencies are aware of the aspirational LTCN routes proposed and have made comments to assist in shaping the network in relation to their State controlled assets. Why is the Long Term Cycle Network Important?

11 An endorsed aspirational LTCN across the Perth metropolitan region and Peel region can assist in leveraging additional funding for bicycle infrastructure. It can assist State government in any discussions/applications regarding federal funding for bike riding (infrastructure/programs/campaigns). It can assist the DoT to leverage additional funding for bicycle infrastructure – including funding made available to local governments via the WA Bicycle Network Grants Program, administered by DoT.

12 An endorsed LTCN across the Perth metropolitan region and Peel region will assist with planning of the bicycle network and routes. It will assist State agencies (Main Roads WA/PTA/Metronet) with infrastructure planning and delivery. It will assist local governments with network planning, cross boundary connectivity and bicycle route prioritisation. How will the Long Term Cycle Network be updated in the Future?

13 DoT will be updating the guidance for local governments in relation to developing local bicycle plans. It is expected that the new guidance will require local governments to review and have regard to the endorsed LTCN as part of the process of developing/updating their own bicycle plans.

14 As part of the process to develop or update a local bicycle plan (the City’s adopted Cycling and Walking Plan), local governments typically conduct public consultation to enable the community to assist in shaping the plan. It is envisaged that local governments will seek community comment on the aspirational LTCN as part of this process.

15 Local governments typically review local bicycle plans on a five year renewal basis. As part of the review local governments and DoT can work together to modify the endorsed LTCN and new routes can be added and existing routes modified to reflect land use changes/new development.

16 Endorsement of the LTCN does not commit the City to funding or delivering all of the identified routes. Where issues arise, existing routes can be realigned to parallel transport corridors or other routes which offer similar connectivity and community benefits; whilst still being eligible for grant programs. Why is DoT Seeking Council Endorsement?

17 DoT is seeking the aspirational LTCN to be endorsed by Council’s across 33 local governments in the Perth metropolitan region and Peel regions.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

18 Council endorsement is considered necessary to demonstrate region wide agreement of the LTCN – which in particular may assist in any federal funding discussions/applications.

19 From July 2020, all WA Bicycle Network Grants for the Perth metropolitan region and Peel region local governments will be linked to the endorsed aspirational LTCN. As such, only routes within the endorsed LTCN will be eligible for grants and only local governments with a Council-endorsed LTCN will remain eligible for grants. Council Endorsement

20 DoT have requested Councils endorse the aspirational LTCN. The LTCN has been developed in collaboration between Council officers and the Department of Transport. Endorsement of the LTCN does not commit Council nor State government agencies to deliver all, or any part, of the LTCN within a particular timeframe – nor does endorsement commit any party(s) to fund any specific route within the LTCN.

21 Council endorsement confirms support for local and State Government agencies to work together in delivering the aspirational LTCN over the longer term.

CONSIDERATIONS

Legal Compliance

22 Not applicable.

Policy Implications

23 Not applicable.

Financial Considerations

Business Plan

24 The Build Canning Business Plan will depend on external funding for delivery of cycling routes identified in the City’s Cycling and Walking Plan. Only routes within the endorsed LTCN will be eligible for grants and only local governments with a Council endorsed LTCN will remain eligible for grants.

Internal Budget

25 Endorsing the LTCN does not commit the City to any budget expenditure.

Asset Management

26 Non endorsement of the LTCN will impact future State and federal funding opportunities for implementing cycling routes identified in the Cycling and Walking Plan. As part of these works, renewal of many existing path segments are dependent on delivery of the Cycling and Walking Plan projects.

Sustainability Considerations

27 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment. In advance of these targets having been developed by the City and endorsed by Council this project addresses the following Sustainability Policy CM194 commitments: a) Commitment 4 – A commitment to climate responsive urban development is addressed in the City’s Cycling and Walking Plan’s environmental benefits of less car use. This is achieved by reduced consumption of petrol and fossil fuels and a reduction in the heat island effect.

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

b) Commitment 8 – A commitment to developing partnerships and increasing participation in local, State, national and international sustainability opportunities. This is achieved by a collaborative approach with key stakeholders including local, State and Federal Governments to achieve shared sustainability objectives.

Consultation

28 DoT have worked with local governments, Main Roads WA, PTA and Metronet within the process to ensure that these State agencies are aware of the aspirational LTCN routes proposed and have made comments to assist in shaping the network in relation to their State controlled assets.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity The aspirational From July 2020 Officer Long Tern Cycling all WA Bicycle Recommendation Network is Network Grants approved by the endorsed by will be linked to Very High Almost Certain Major Council (positive Council and the endorsed (Opportunity) outcomes) included as an aspirational Opportunity A appendix in the LTCN. City’s Cycling and Walking Plan.

Members of the The Cycling and community may Walking Plan be unhappy with includes Officer certain aspects of rationale for the Recommendation the Cycling and recommended approved by the Low Walking Plan. routes Unlikely Minor Council (negative contained in the (Risk) outcomes) document to Risk B allow residents to better understand the Plan. The LTCN is The routes delayed. identified within the LTCN DoT needs to clearly reflect complete the the routes LTCN project by Officer within the June 2020 and Recommendation Cycling and any delays would High deferred by the Walking Plan. Likely Significant jeopardize the (Risk) Council City’s future A delay in Risk C funding endorsement of opportunities and LTCN would delivery of make the City projects. ineligible for WA Bicycle Network grants. The City would The City would not be eligible for have to fully Officer funding from the fund cycling Recommendation WA Bicycle routes Extreme declined by the Almost Certain Major Network Grants identified in the (Risk) Council program to City’s Cycling Risk D deliver the cycling and Walking routes contained Plan. This would within the City’s delay the

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Cycling and delivery of Walking Plan. cycling routes within the City of Canning.

COMMENT

29 The need for Council to adopt the LTCN is critical and this has been clearly communicated by DoT to enable the City of Canning to apply for future grant funding from the WA Bicycle Network Grants program. Only routes within the endorsed LTCN for the Perth metropolitan region and Peel region local governments will be eligible and only local governments with a Council-endorsed LTCN will remain eligible for grants.

30 As of June 2020, the DoT has had 15 local governments endorse the aspirational LTCN, 16 local governments in the process of reporting to June Council meetings and two local governments are yet to schedule the aspirational LTCN into a Council meeting agenda.

31 It is the Officer Recommendation that Council endorse the LTCN. In the event the LTCN is endorsed it will be included as an appendix in the City’s Cycling and Walking Plan for future reference.

VOTING REQUIREMENT

32 Simple majority.

AGENDA BRIEFING COMMENT

33 Not applicable.

Page 144 EN-012-20 Long Term Cycling Network - Department of Transport EN-012-20

Item EN-012-20 - Attachment 1 City of Canning - Long Term Cycling Network Plan

Department of City of Canning @. Transport Final Draft Long Term Cycle Network (L TCN) for Council Endorsement

Legend

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Page 145 EN-012-20 Long Term Cycling Network - Department of Transport EN-012-20

DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

EN-013-20 Recycling Contract

PROGRAM: Canning Environment SUB PROGRAM: Clean Canning FILE REF: Q20/189 REPORT DATE: 2 June 2020 REPORTING OFFICER: Anita Amprimo - Executive Manager Clean Canning RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration. Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial sustainability. Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Formal Quotation Evaluation Report - Processing Recyclables (D20/65608). (Large Attachments) (Confidential)

In Brief: The City of Canning’s (the City) existing Recycling Contract provisions expire on 30 June 2020. A decision is required from Council to make alternative provisions for processing of recyclables from this date. This report seeks Council approval to authorise the Chief Executive Officer to enter into a contract for the processing of recyclables with the Tenderer identified as the most advantageous to the City. This report summarises the background to the processing of recycling and the procurement process followed in relation to the proposed contract. The Evaluation Report, containing an in depth analysis of the options available to the City, is considered to include commercially sensitive information and as such has been provided to Council under a separate cover as a Confidential Attachment (refer Confidential Large Attachment 1). Entering into a contract for the processing of recyclables is critical to maintain service delivery and ensure the City operates in accordance with the objectives of its endorsed Strategic Waste Management Plan.

OFFICER RECOMMENDATION That Council: 1. Accepts the submission as recommended in the Evaluation Report as the most advantageous to the City, for a period of five years. 2. Authorises the Chief Executive Officer to enter into a contract for the processing of recyclables with the recommended Respondent, subject to any variations (of a minor nature).

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DRAFT AGENDA – ORDINARY COUNCIL MEETING 9 JUNE 2020

Relevant Council Resolutions

Council Meeting and Date Report No Decision That Council: OCM 16 April 2019 EN-008-19 (Confidential) Endorses Option A contained within this report. That Council: Adopts the Draft City of Canning OCM 21 May 2019 EN-009-19 Strategic Waste Management Plan 2019.

BACKGROUND 1 Approximately 7,000 tonnes of comingled recycling are collected from properties across the City of Canning (the City). Since July 2015, the materials collected have been delivered to the SUEZ facility in Bibra Lake for processing. This contract was for a fixed term of five years with no options for extension. The existing contract expires on 30 June 2020. 2 There are currently three organisations in the Perth metropolitan area that run facilities for processing of recyclables. All of these suppliers are on the WA Local Government Association (WALGA) panel. 3 The City currently collects recyclable material via its fortnightly kerbside collection service using internal staff, heavy fleet and resources.

DETAILS 4 A request for processing of recyclables was released through the WALGA e-quotes platform on 9 April 2020. The closing date for this request was 24 April 2020. City Officers have evaluated submissions and options available to the City and the detailed evaluation is contained within the Confidential Attachment 1 of this report.

CONSIDERATIONS

Legal Compliance 5 Under the Local Government (Functions and General) Regulations 1996 – Part 4, Division 2, Clause 11(1) and the City’s existing procurement policy; the City is required to publicly invite tenders if the consideration is expected to be in excess of $150,000. These regulations also make provision for procurement through a WALGA pre-established panel, where the threshold exceeds that for public tender. This procurement process was undertaken through a pre-established WALGA panel.

Policy Implications 6 City Policy AF301 - Procurement of Goods and/or Services applies to this procurement process and has been complied with.

Financial Considerations

Business Plan 7 The processing of recyclables is an activity that is covered by the Clean Canning Business Plan.

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Internal Budget 8 The draft Annual Budget 2020/2021 contains a provision for the costs associated with processing of recyclables. The changes in the recycling market over the past five years will result in a significant increase in expenditure which will be included in each draft annual budget for consideration.

Asset Management 9 The proposed contract will not involve any additional ownership of assets.

Sustainability Considerations 10 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment. In advance of these targets having been developed by the City and endorsed by Council this project addresses the following Sustainability Policy CM194 commitments: a) Commitment 2 - A commitment to intergenerational equity: The City acknowledges that by having a contract in place to process materials for recycling, we are reducing pressure on landfills and the legacy environmental and social issues that landfills carry for future generations. Recycling also contributes to finite resources being used in a more sustainable manner for availability for future generations. b) Commitment 3 - A commitment to responsible resource management and impact reduction: Processing of materials for recycling contributes to the responsible management of resources and reduced environmental impact of sourcing virgin materials to manufacture products. c) Commitment 7 - A commitment to risk mitigation, evidence-based governance and observing the precautionary principle: Potential long term reputational, economic and environmental impacts arising from sending recyclable materials to landfill, to achieve short term objectives, is a risk to the City if a contract to process recyclables is not in place.

Consultation 11 Not applicable.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity

Officer Finalise Recommendation The City can negotiations approved by the engage a with the Medium Likely Moderate Council (positive contractor for the recommended (Opportunity) outcomes) processing of respondent and Opportunity A recyclables. enter into a contract. The City is Actively Officer committed to a manage the Recommendation specific outcome contract and approved by the with resulting Medium ensure that the Possible Moderate Council (negative financial (Risk) Annual Budget outcomes) implications for preparations Risk B the duration of are adequate. the contract. Officer The City will not Provide detailed Recommendation be able to engage information to Extreme deferred by the Almost Certain Significant a contractor prior Council to assist (Risk) Council to expiry of the them in making Risk C existing contract a decision.

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Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity and recyclables will need to be sent to landfill. The City will have nowhere to Officer process Provide detailed Recommendation recyclables when information to Extreme declined by the Almost Certain Significant the existing Council to assist (Risk) Council contract expires them in making Risk D on 30 June 2020 - a decision. therefore it will be sent to landfill.

COMMENT 12 The Evaluation Panel have thoroughly evaluated the submissions and assessed the options in accordance with the City’s policies, plans and relevant documents. During the evaluation process, Officers sought clarification on a number of matters as outlined in part 5 of the Evaluation Report. 13 The recommended option is considered by the panel to be the most advantageous to the City. 14 An independent probity auditor was engaged as part of the process to ensure a fair, equitable and transparent process was undertaken. Upon receipt, the associated Probity Certificate will be included as an attachment to this report. 15 This report seeks Council to accept the recommended submission and to authorise the Chief Executive Officer to finalise a contract with the preferred Respondent.

VOTING REQUIREMENT 16 Simple majority.

AGENDA BRIEFING COMMENT 17 Not applicable.

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EN-014-20 Submission to Consultation Paper on Waste Reform

PROGRAM: Canning Environment SUB PROGRAM: Clean Canning FILE REF: Q20/190 REPORT DATE: 3 June 2020 REPORTING OFFICER: Pia Coventry - Strategic Waste Officer RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: GROW - Natural areas where people and wildlife flourish. Community Goal: Resources are managed sustainably. Council Strategy: Better waste management; reduce reuse, and recycle. Authority/Discretion: Advocacy: When Council advocates on its own behalf or on behalf of its community to another level of government, body or agency.

Attachments: 1. 'Closing the Loop - Waste Reforms for a Circular Economy' - Consultation Paper (D20/66688). (Large Attachments) 2. 'Review of the Waste Levy' - Consultation Paper (D20/66685). (Large Attachments) 3. City of Canning Submission - Waste Reform (D20/46037).

In Brief: This report seeks endorsement of the City of Canning’s (the City) response to the Waste Reform consultation papers released by the Department of Water and Environmental Regulation (the Department): ‘Review of the Waste Levy’ and ‘Closing the Loop: Waste Reforms for a Circular Economy’. The ‘Review of the Waste Levy’ consultation paper (refer Attachment 1) is related to the future of the waste levy’s design, and ‘Closing the Loop: Waste Reforms for a Circular Economy’ consultation paper (refer Attachment 2) includes legislative proposals to improve waste management, as well as address issues identified in a previous consultation (Waste Reform 2017) on waste reform. The City’s response takes into account potential impacts that may arise as a result of proposed changes to the future design of the waste levy and waste related legislation. The City’s response has been developed with reference to the Council-endorsed Strategic Waste Management Plan.

OFFICER RECOMMENDATION

That Council endorses the City of Canning’s Waste Reform submission as per Attachment 3, to the Department of Water and Environmental Regulation, in response to their Waste Reform consultation papers.

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Relevant Council Resolutions

Council Meeting and Date Report No Decision That Council: OCM 21 May 2019 EN-009-19 Adopts the Draft City of Canning Strategic Waste Management Plan 2019. That Council: 6. Authorises the Mayor and Chief Executive Officer to write to the Minister for the Environment, the Hon Stephen Dawson MLC, requesting that the State SCM 30 April 2020 CC-015-22 Government: b) commit to reinvest 100% of the revenue accrued through the Landfill Levy into waste avoidance, management and recycling programs as per the Levy’s original objective.

BACKGROUND 1 On 20 February 2020, the Department of Water and Environmental Regulation (the Department) released two papers for public consultation. These papers are relevant and predominantly relate to and potential impact the City of Canning’s (the City) waste management services as part of the Clean Canning sub program. 2 City Officers have prepared, for Council endorsement, a draft submission to the Department’s Waste Reform consultation papers namely: a) ‘Review of the Waste Levy’; and b) ‘Closing the Loop: Waste Reforms for a Circular Economy’. 3 The ‘Review of the Waste Levy’ consultation paper (refer Attachment 1) is related to the future of the levy’s design. 4 The ‘Closing the Loop: Waste Reforms for a Circular Economy’ consultation paper (Refer Attachment 2) includes legislative proposals to improve waste management, as well as address issues identified in a previous consultation (Waste Reform 2017) on waste reform. 5 The submission has been developed to communicate the City’s position in regard to the future design of the waste levy and any potential impacts that may arise as a result of proposed changes. The submission also notes the positive contributions that the proposed waste reforms could achieve. The submission responds to specific items of each paper separately as outlined below.

DETAILS ‘Review of the Waste Levy’ Consultation Paper 6 The City is of the view that the waste levy should be an important economic instrument in encouraging waste avoidance and diverting waste from landfill. This is evidenced via part 6 (b) of Council’s resolution at the Special Council Meeting of 30 April 2020 which states: That Council: 6. Authorises the Mayor and Chief Executive Officer to write to the Minister for the Environment, the Hon Stephen Dawson MLC, requesting that the State Government: b) commit to reinvest 100% of the revenue accrued through the Landfill Levy into waste avoidance, management and recycling programs as per the Levy’s original objective. 7 The City also regards the funds collected through the waste levy to be a source of investment, to enable improved strategic waste management and resource recovery in Western Australia.

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8 Any increase(s) in the levy should be considered as one measure in a suite of measures to improve waste management within Western Australia. The Department should ensure that their action interventions support and enable appropriate and complete markets and materials for resource recovery, in line with a circular economy approach. 9 The City’s specific items of feedback in response to the ‘Review of the Waste Levy’ consultation paper include feedback on waste levy outcomes, waste levy rate and schedule, waste management options to be levied and other improvements to the waste levy. 10 The City considers the following to be key outcomes achieved by a waste levy: a) Waste avoidance is encouraged. b) Waste sent to landfill is reduced, as landfill disposal becomes economically less viable than recovery alternatives. c) A source of funding that should be fully reinvested to support and enable resource recovery infrastructure, technologies and initiatives that support outcomes relating to the State Waste Strategy. In turn, local economic activity is supported through creation of jobs and industry. d) Certainty and security of feedstocks for advanced technology are provided, through the redirection of waste away from landfill, with appropriate markets for these materials. 11 The waste levy rate and any future increases should take into account the beneficial recovery and reuse opportunities that exist, and avoiding unintended consequences (such as stockpiling) that may arise if financially viable opportunities for recycling and recovery are not emerging. Feedstocks need to be secured and markets need to be developed and made available to provide appropriate alternatives to landfill where possible. 12 Waste related investments require certainty. A waste levy schedule providing a program of waste levy variations over a 10 year timetable (aligning with long term financial planning) would provide Local Government and industry confidence to act and/or invest based on this schedule. However, this needs to be balanced with the rate of change occurring in the sector, and market circumstances which might occur before the end date of the schedule. This may allow for adjustments in waste levy variations if required. 13 In line with the objectives of the Waste Strategy 2030, and the levy’s purpose as stated in the Waste Avoidance Resource and Recovery Act 2007, the City does not support the application of the waste levy to Waste to Energy (WtE). 14 Applying the levy to WtE will change the economics of the project, which requires commercial stability and the long term commitment of capital. The contractual commitments entered into by participants (including the City in relation to its Avertas Energy contracts) prior to the release of the Waste Strategy 2030, will require consideration by the Department in any decision to change the economics of WtE. 15 WtE is a legitimate solution to diversion from landfill, by recovering energy from residual waste. The City is committed to investigating a best practice kerbside waste collection service as part of our Strategic Waste Management Plan. The City’s commitment involved in sending its residual waste to WtE will provide one avenue for the City in achieving the Waste Strategy 2030’s objective of no more than 15% of waste sent to landfill by 2030. 16 Based on publically available information, the City understands only 25% of the waste levy is currently allocated to waste and resource recovery initiatives, which includes staffing and resourcing of the Department. The City’s support for the waste levy is predicated on 100% of the funds being returned to local government and industry to support further strategic waste management, progress towards a circular economy, resource recovery services and associated infrastructure. Funds should also be used to develop a local remanufacturing sector, which would reduce the need to export recyclable commodities, in line with the pending export ban and as part of a circular economy

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approach. This will provide confidence and the market signal to invest in new waste management and recycling infrastructure and technology. 17 A thorough assessment process should be undertaken to ensure that waste levy funding is given to projects that will deliver effective outcomes that meet the objectives of the Waste Strategy 2030. ‘Closing the Loop – Waste Reforms for a Circular Economy’ Consultation Paper 18 The City’s specific items of feedback in response to the ‘Closing the Loop – Waste Reforms for a Circular Economy’ consultation paper, include the below feedback on Chapters 7, 8, 10, 11, 13 and 14 of the paper. 19 Chapter 7: Aligning the Environmental Protection Act 1986 with waste avoidance and resource recovery objectives; the City broadly supports the intent of strengthening and streamlining of the Environmental Protection Act 1986 to include reference to the waste hierarchy, the circular economy and key resource and recovery objective. Further, key waste objectives should be integrated into environmental protection legislation, in line with Option 2 set out in the consultation paper. 20 In proposing any legislative amendments, the Department will need to ensure the scope and implications for local government are clear, and clarification is needed to understand the exact intent of the amendments. 21 Chapter 8: Clarifying the application of the waste levy; the City supports Option 2 in that the Levy is applied to waste received at relevant premises and reducing levy avoidance by capturing waste materials being stockpiled. This position is subject to suitable definitions for stockpiling being developed. 22 More clarification is needed from the Department as to how this arrangement would work in a practical sense in a facility such as a Waste Transfer Station, where mixed loads are weighed on receipt (entry) into a Waste Transfer Station, but are then sorted and sent for resale, reuse, recycling or landfill. Challenges would be experienced by a facility such as a Waste Transfer Station in applying the levy to a mixed load received and weighed on entry. 23 The City also requires more clarification on the administrative process involved in paying a levy on receipt at a waste facility, which is then later transported to a landfill facility for disposal where the waste levy would also be payable. The City seeks to understand the provisions for an exemption or rebate under this system. Careful consideration needs to be given to the application of a differential levy and how that might be administered in a streamlined way. 24 More clarification is needed from the Department on when materials are considered a ‘waste’ (understanding this is out of scope for this particular consultation paper). 25 Chapter 10: Simplifying the solid waste licensing categories; the City supports Option 3 merging solid waste categories and used tyre storage into one category. 26 The City currently operates a Waste Transfer Station, licensed under Category 62 (solid waste depot). It has been previously proposed by the Department that the Waste Transfer Station’s license is amended to Category 61A (solid waste facility), as this current description more closely aligns with the activities of the Waste Transfer Station than Category 62. The City does recognise however, that the terminology for both categories is outdated and not wholly applicable, where neither accurately describe the activities of a Waste Transfer Station. 27 Due to the widespread nature of activities that could be conducted under this license category, the City recommends that within the category of license, controls and thresholds specific to the operation of that facility are put in place, rather than the category of license determining the particular controls. This can be covered by the Department developing clear guidance aligned to current planning and industry terminology.

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28 Chapter 11: Minimising stockpiling at waste storage facilities; the City’s view is this particular point can be addressed via the licensing system and via controls outlined in Chapter 8. 29 Chapter 13: Improving solid waste reporting from waste facilities; the City broadly supports the intent to improve solid waste reporting data and accuracy. However, the mass balance method proposed in the consultation paper does not allow detailed capture of data in terms of where the waste has been generated. 30 The City’s view is that the outcome of newly introduced reporting changes currently in place should be realised before a new reporting regime is introduced. 31 Chapter 14: Compliance and enforcement measures for waste; the City broadly supports compliance measures to address unlawful waste disposal. Enforcement measures need to be supported by appropriate resourcing within the Department to ensure appropriate enforcement action is carried out.

CONSIDERATIONS

Legal Compliance 32 The Waste Reform Consultation documents propose a number of changes which have the potential to impact the following pieces of legislation: a) Waste and Resource Recovery Act 2007. b) Waste and Resource Recovery Regulations 2008 . c) Waste and Resource Recovery Levy Act 2007. d) Waste and Resource Recovery Levy Regulations 2008 . e) Environmental Protection Act 1986. f) Environmental Protection Regulations 1987. 33 The specific areas that may be affected by waste reform proposals have been detailed in each consultation paper. Following consultation and the analysis of submissions, the Department will prepare a decision Regulatory Impact Statement for publication, which will outline the final legislative proposals for waste reform. 34 The City will be bound to comply with any changes to legislation that result from the consultation process.

Policy Implications 35 Outcomes from the Waste Reform Consultation, any subsequent legislative and other changes have the potential to impact the City’s Strategic Waste Management Plan (‘SWMP’) and direction to progress with initiatives, including: a) SWMP Initiative 1: Develop a consistent method to collect, track and report on waste data, that includes setting of targets in line with the State Waste Strategy and measuring and reporting progress against these targets. b) SWMP Initiative 3: Develop improved outcomes for City generated construction and demolition and green waste, including reuse and reprocessing for use in City operations, where possible, ensuring compliance with relevant legislation and guidelines. c) SWMP Initiative 7: Explore the feasibility of the establishment of a Waste Precinct in Canning Vale at the current Southern Metropolitan Regional Council site and or Ranford Road Waste Transfer Station.

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d) SWMP Initiative 9: Investigate the potential for the introduction of a third organics bin, in light of the Kwinana Waste to Energy facility.

Financial Considerations

Business Plan 36 Waste management services are included in the Clean Canning Business Plan. Engaging with strategic waste issues are included in this Business Plan and subsequent changes in legislation will be incorporated into revision of the Business Plan.

Internal Budget 37 Any increases, and future scheduled increases to the waste levy will be incorporated into the budget planning process. Increases to the waste levy will impact the City’s operating expenditure and will need to be incorporated through the relevant draft Annual Budget. The current consultation process will not result in any changes to the 2020/2021 financial year.

Asset Management 38 Asset management is not applicable to the waste reform consultation submission. However, outcomes and legislative changes that may occur as a result of waste reform, may have the potential to impact licensing and operation of City owned assets, such as the Waste Transfer Station.

Sustainability Considerations 39 The Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment. 40 In considering the Sustainability Policy CM194 commitments, this paper is consistent with Policy Commitment 8 - A commitment to developing partnerships and increasing participation in local, state, national and international sustainability opportunities; by providing input into key pieces of legislation that have the potential to impact the City, and wider Western Australia.

Consultation 41 A Waste Reform and Levy Consultation Session Webinar hosted by WA Local Government Association (WALGA) was attended by relevant City Officers on 20 March 2020. The City has considered feedback from WALGA and the Rivers Regional Council in preparing the submission.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity

Officer The City’s position The written Recommendation on the proposed submission is approved by the Waste Reform is provided to the High Almost Certain Moderate Council (positive communicated to Department by (Opportunity) outcomes) the Department the submission Opportunity A with Council deadline. endorsement.

Officer The City’s submission is Recommendation Provide a negatively received approved by the balanced and Medium by the Department Unlikely Moderate Council (negative considered (Risk) and causes outcomes) submission. Risk B reputational damage to the City.

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Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity The submission does not provide valuable input to inform consultation. Ensuring the City has The City does not considered and Officer communicate any responded to Recommendation position on Waste feedback from Medium deferred by the Reform to the Unlikely Moderate previous (Risk) Council Department by the Council Risk C submission discussions on deadline. Waste Reform issues. Ensuring the The City does not City has Officer communicate any considered and Recommendation position on Waste responded to Medium declined by the Unlikely Moderate Reform to the previous (Risk) Council Department by the Council Risk D submission discussions on deadline. Waste Reform issues.

COMMENT 42 The outcomes of the Department’s Waste Reform Consultation have the potential to impact the City in various ways including: a) from a financial perspective; b) both operationally and a planning perspective in terms of waste levy increases; c) how the waste levy is applied to various waste management techniques; d) the licensing of the Waste Transfer Station; and e) the implementation of the Strategic Waste Management Plan. 43 The outcomes of the waste reform process also have the ability to impact the wider local market that support the City to deliver waste services to its community. The City has reviewed the consultation papers and drafted a submission that is consistent with the City’s Strategic Waste Management Plan, previous Council resolutions and advocates the interests of the community. 44 It is recommended that Council endorse the City’s submission as contained in Attachment 3.

VOTING REQUIREMENT 45 Simple majority.

AGENDA BRIEFING COMMENT 46 Not applicable.

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Item EN-014-20 - Attachment 3 City of Canning Submission - Waste Reform

City of Canning Submission to Waste Reform Consultation Papers D20/46037

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Item EN-014-20 - Attachment 3 City of Canning Submission - Waste Reform

CllY OF CANNING SUBMISSION TO WASTE REFORM CONSULTATION PAPERS

The City of Canning ('the City') appreciates the opportunity to provide feedback on the Department of Water and Environmental Regu la tion's ('the Department') re lease of the Waste Reform Consultation Papers 'Review of the Waste Levy' and 'Closing the Loop: Waste Reforms for a Circular Economy'.

'REVIEW OF THE WASrE LEVY' - CONSULTATION PAPER The City's position on the paper is summarised below -

The City is of the view that the waste levy should be an important economic instrument in encouraging waste avoidance and diverting waste from landfill

The City regards the funds co ll ected through the waste levy to be a source of investment by Government to enable improved strategic waste management and resource recovery in Western Australia.

Although the waste levy is an important economic instrument in reducing waste sent to landfill, any increase(s) in the levy should be considered as one measure, in a suite of measures to improve waste management within Western Austra lia.

The Department shou ld to ensure that their action in terventions support and enab le appropriat e and complete markets and materials for resource recovery, in line with a circular economy approach.

Waste Levy Outcomes The City considers the following to be key outcomes achieved by a waste levy:

a) Waste avoid ance is encouraged. b) Waste sent to landfill is reduced, as landfil l disposal becomes economically less viable than recovery alternatives. c) A source of funding that should be fu lly reinvested to support and enable resource recovery infrastructure, technologies and initiatives that support outcomes relating to the State Waste St ra tegy. d) Certainty and security of feedstocks for advanced technology are provided, through the redirection of waste away from landfill, with appropriate markets for these materials.

Waste Levy Rate and Schedule The wa ste levy rate and any future increases should take into account the beneficial recovery and reuse opportunities that exist, and avoiding unintended consequences (such as stockpi ling) that may arise if financia lly viable opportunit ies for recycling and recovery are not emerging.

Feedstocks need to be secured, supply chains arranged, a pipeline of works need to established, and markets need to be developed, to provide appropriate al ternatives to landfill where pos sible.

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Item EN-014-20 - Attachment 3 City of Canning Submission - Waste Reform

Waste related investments require certainty, and a waste levy schedule providing a program of waste levy var ia tions and over a 10 year timetable (a ligning with long term fina ncial planning) would provide Local Government and industry confidence to act and/or invest based on this sc hedule. However, this needs to be balanced wi th the rate of change occ urring in the sector, and market circumstances which might occur before the end date of the sche dule, which may al low for adjustments in waste levy variations if required .

Waste Management Options to be Levied

Waste to Energy In line with the objectives of the Waste Strategy 2030 and the le vy's purpose as stated in the Waste Avoidance Resource and Recovery Act 2007, the City does not su pport the application of the wa ste levy to Waste to Energy (WtE) .

Applying the levy to WtE will change the economics of the project, which requ ires commercial stability and the commitment of long term capital. The contractual comm itments entered into by participants prior to the release of the Waste Strategy 2030 will req uire consideration by the Department in any decision to change the economics of WtE.

WtE is a leg itimat e solution to diversion from la ndfil l by recove ring ene rgy from residua l waste. The City is committed to investigating a best practice kerbside waste collection service as part of our Strategic Waste Management Plan. The City's commitment involved in sending its res idual waste to WtE will provide one ave nue fo r the Ci ty in achieving t he Waste Strategy 2030's objective of no more than 15% of waste sent to landfill by 2030.

Other Im provements to the Waste Levy

Waste Levy Hypothecation - Degree and proportion of in vestment Based on publica lly ava ilable information, the City understands on ly 25% of the waste levy is currently allocated to waste and resou rce recovery initiatives, wh ich includes staffing an d resourcing of the Department.

The Ci ty's support for the waste levy is predi ca t ed on 100% of the funds being returned to Local Government and industry to support further strategic waste management, progress towards a circu lar economy, resource recovery services and associated infrastructure. Funds shou ld also be used to develop a local remanufacturing sector which would reduce the need to export recyclable commodities, in line with the pend in g export ban, and as part of a circular economy approach.

Th is will provide confidence and the market signal to invest in new waste management and recycling infrastruct ure and technology.

A thorough assessment process should be undertaken to ensure that wa ste levy fu nding is given to projects that will deliver effective outcomes that meet the objectives of the Waste Strategy 2030.

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Item EN-014-20 - Attachment 3 City of Canning Submission - Waste Reform

'CLOSING THE LOOP-WPSTE REFORMS FOR A CIRCULAR ECONOMY' - CONSULTATION PAPER The creation of a circular economy in Western Australia requires significant progression of local recycling and improvements to material recovery, as well as a plan for complete and competitive markets for materials and resource recovery. The City's position on the paper is summarised below -

Chapter 7: Aligning the Environmental Protection Act 1986with waste avoidance and resource recovery objectives. The City broadly supports the intent of strengthening and streamlin ing of the Environmental Protection Act 1986 to include reference to the waste hierarchy, the circular economy and key resource and recovery objectives, and that key waste objectives are integrated in to environmental protection legislation, in line with Option 2 set out in the Consultation Paper. In proposing any leg is la tive amendments, the Department will need to ensure the scope and implications for Local Government are clear, and clarification is needed to understand the exact intent of the amendments.

Chapter 8: Clarifying the application of the waste levy. The City supports Option 2 in the Levy being applied to waste received at relevant premises and reducing levy avoidance by capturing waste materials being stockpiled . This position is subject to suitable definitions for stockpiling being developed. More clarification is needed from the Depa rtment as to how this arrangement would work in a practical sense in a facility such as a Waste Transfer Station, where mixed loads are weighed on receipt (entry) into a Waste Transfer Station, but are then sorted and sent for resale, reuse, recycling or landfill. Challenges would be experienced by a facility such as a Waste Transfer Station in applying the levy to a mixed load received and weighed on entry. The City also requires more clarification on the administrative process involved in paying a levy on receipt at a waste facility, which is then later transported to a landfill facility for disposal where the waste levy would also be payable. The City seeks to understand the provisions for an exemption or rebate under this system. Careful consideration needs to be given to the application of a differential levy and how that might be administered in a streamlined way. More clarification is needed from the Department on when materials are considered a waste (understanding this is out of sco pe for this particular Consultation Paper) .

Chapter 10: Simplifying the solid waste licensing categories. The City supports Option 3: Merging solid waste categorie s and used tyre storage into one category. The City currently operates a Waste Transfer Station, licensed under Category 62 (solid waste depot). It ha s been proposed by the Department that the Waste Transfer Station's license is amended to Category 61A (solid waste faci lity), as this current description more closely aligns with the activities of the Waste Transfer Station than Category 62. The City does recognise however that the terminology for both categories is outdated and irrelevant, where neither accurately describe the activities of a Waste Transfer Station.

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Item EN-014-20 - Attachment 3 City of Canning Submission - Waste Reform

Due to the widespread nature of activities that could be conducted under this license category, the City recommends that within the category of license, that controls and thresholds specific to the operation of that facility are put in place, rather than the category of license determining the particular controls. This can be covered under the development clear guidance that is align ed to the cu rrent planning and industry terminology.

Chapter 11: Minimising stockpiling at waste storage premises. The City's view is this particular point can be addressed via the licensing system and via controls outlined in Chapter 8: Clarifying the app li cation of the waste levy, and no legislative amendments are necessary.

Chapter 13: Improving solid waste reporting from waste facilities. The City broadly supports the intent to improve solid waste reporting data and accuracy. However, the mass ba lance method proposed in the Consultation Paper does not detail that waste data regarding where the waste has been generated from will be captured.

The City's view is that the outcome of newly introduced reporting changes should be rea lised before a new reporting regime is introduced.

Chapter 14: Compliance and enforcement measures for waste. The City broadly supports compliance measures to address unlawful waste disposal. Enforcement measures needed to be supported by appropriate resourcing to ensure enforcement action is carried out.

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EN-015-20 Queens Park Regional Open Space - State Football Centre

PROGRAM: Canning Environment SUB PROGRAM: Parks and Place Improvement Canning FILE REF: Q20/191 REPORT DATE: 2 June 2020 REPORTING OFFICER: Dion Johnson - Executive Manager Parks and Place Improvement Canning RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose. Community Goal: Good amenities and lifestyle. Council Strategy: Public open spaces integrated into housing and urban development. Authority/Discretion: Advocacy: When Council advocates on its own behalf or on behalf of its community to another level of government, body or agency.

Attachments: 1. Queens Park Regional Open Space - Proposed Management Order Area (D20/67705).

In Brief: The Department of Local Government, Sport and Cultural Industries (DLGSC) have identified Queens Park Regional Open Space (QPROS) bordered by Welshpool Road, Wharf Street, Whitlock Road and Gibbs Street in Queens Park as the site to develop the State Football Centre. The State Football Centre (SFC) will incorporate the construction of a facility including two high performance pitches, a building that will accommodate the administration of Football West, the governing body of Football (Soccer) in Western Australia, and access to active public open space. This report aims to elicit formal Council support for the project and give a degree of certainty to the project partners that the City of Canning (the City) is committed to this state-level facility which aims to catalyse the redevelopment of QPROS and deliver significant and enduring community benefit for the people of Queens Park, the residents of the City and the wider south east corridor.

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OFFICER RECOMMENDATION That Council: 1. Supports the redevelopment of Queens Park Regional Open Space which incorporates the State Football Centre and includes a major upgrade of the City’s public recreation spaces and community facilities. 2. Requests the Chief Executive Officer to ensure a Stakeholder and Community Engagement Plan is prepared and implemented to engage specifically with local residents, and other stakeholders. 3. Requests the Chief Executive Officer to ensure a Management Plan is prepared, in accordance with the Metropolitan Regional Scheme, as the guiding planning document to enable the redevelopment of Queens Park Regional Open Space. 4. Authorises the Chief Executive Officer to write to the Minister for Lands expressing the City’s interest in obtaining a Management Order over land identified in Attachment 1. 5. Requests the Chief Executive Officer allocates $200,000 in the draft 2020/2021 Annual Budget to fund design development and community engagement associated with the Queens Park Regional Open Space project 6. Authorises the Chief Executive Officer to write to the Minister for Seniors and Ageing; Volunteering; Sport and Recreation, and relevant State and Federal Members of Parliament seeking funding assistance for the City’s components of the broader redevelopment of Queens Park Regional Open Space. 7. Requests the Chief Executive Officer to explore external funding options, including grant funding, to enable the broader redevelopment of Queens Park Regional Open Space and to include the project in the next Long Term Financial Plan review.

Relevant Council Resolutions

Council Meeting and Date Report No Decision a) Council endorse the Queens Park Regional Open Space Master Plan 2006 Review as described in Report ET-142- 08 as the preferred conservation and regional recreation development proposal for the Queens Park Regional Open Space. b) Council authorise the provision of a briefing forum to consider the OCM 24 February 2009 ET-018-09 recommendations and timeframes contained in the draft Queens Park Regional Open Space Recreation and Conservation Development Plan as described in Report ET-142-08. c) That the City write to stakeholder groups involved in the Queens Park Regional Open Space Master Plan 2006 Review consultation process to advise of (a) and (b) above. a) Council authorise additional OCM 2 December 2008 ET-142-08 consultation, with public consultation respondents and others, which will

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Relevant Council Resolutions

Council Meeting and Date Report No Decision allow further consideration of sports facility configuration, conservation initiatives, and the aspirations of the Maamba Aboriginal Corporation, prior to formal adoption of the Revised Queens Park Regional Open Space Master Plan. b) A further Report to be presented to Council detailing the outcome of the additional consultation, detailed in (a) above, together with a detailed Development Plan which will include a capital works programme and cost plan to be incorporated in the Forward Plans.

BACKGROUND

1 In 2015, Football West developed a ‘home of football’ concept that aimed to bring the organisations business into one site and deliver their community and high performance programs.

2 In 2016, the DLGSC completed a Business Case that identified Ashfield Reserve as the preferred site with in the Town of Bassendean.

3 In early 2017, the State Coalition Government promised $37 Million for the State Football Centre (SFC) to be located at Ashfield Reserve.

4 In October 2017, after a State Election and change of government, Local Government elections were held and the Town of Bassendean resolved to withdraw support for the development of the SFC at Ashfield Reserve.

5 The Minister then requested DLGSC to review the Business Case to include a reduced scope, potential staging and alternate locations within metropolitan Perth.

6 The City of Canning (the City) was approached by DLGSC and provided potential site locations that were prioritised based on area required and accessibility.

7 In July 2018, Queens Park Regional Open Space was identified as the preferred location to build the SFC and the Business Case review was completed.

8 In March 2019, in the lead up to the 2019 Federal Election, the Commonwealth Government committed $16.25 Million to the development of the project announced by Honourable Steve Irons MP, Federal Member for Swan and Honourable Scott Morrison MP, Prime Minister of Australia.

9 In March 2020, DLGSC began the development of the Project Definition Plan in collaboration with Football West and the City.

10 On 5 May 2020, Elected Members received a Confidential Briefing from DLGSC and other project partners about the status of the project.

11 The City expects an announcement from the State Government in the near future concerning funding for the SFC.

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DETAILS

12 The City has been invited onto the Project Working Group (PWG) together with DLGSC, Department of Finance (Building Management and Works), Football West and design consultants. The main focus areas in the Project Definition Plan, are to work collaboratively in resolving a number of issues including design (landscape, drainage, traffic and transport), land tenure, planning processes and community engagement.

13 The City’s key objectives in relation to the project are to: a) Ensure the Canning community are engaged and have an ability to inform certain aspects of the redevelopment. b) Obtain community input into the nature and type of community spaces identified outside of and surrounding the SFC, specifically to the southern portion of the project site. c) Enhance and protect the conservation spaces across the site in accordance with the Council- endorsed Local Biodiversity Strategy (2018) and Urban Forest Strategy (2019). d) Ensure other Council-endorsed strategic documents such as the Play Provision Strategy (2019) and Integrated Transport Strategy (2015) are used to inform the overall design and future care and control of the site.

14 A comprehensive Community Engagement Plan has been developed by consultants for the project to which the City has had opportunities to review and inform as it is progressed. Community engagement will be critical in developing the community spaces directly informed by the feedback.

15 Officers from within the Sustainable Development program have been involved in discussions on the planning framework this development will follow. All proposed development within the site will be guided by a Management Plan which is required to be approved by the Western Australian Planning Commission (WAPC) and supported by Council in line with the requirements of the Metropolitan Regional Scheme (MRS).

16 Land Tenure is a critical matter for the project that requires resolving. Currently the site has a number of land tenure arrangements; the large majority of which is owned in freehold by the WAPC. City Officers have been in discussions with the PWG to identify the intricacies of land tenure for this development and to agree in-principle that the City will take a Management Order over the majority of the site to preserve the access and benefits to the community. The final decision in relation to land tenure across the site will be brought to Council in the coming months as a key component of the project.

17 The City’s administration is seeking $200,000 in the draft budget for 2020/2021 financial year to progress the design development and to support community engagement requirements. It is likely however that further funding will be required to develop the detailed design – again this will be brought back to Council at a later date for consideration. At this early stage an estimate of $500,000 will be required to enable the community aspects of the project to progress to be ‘shovel ready’.

18 Whilst the SFC is fully funded through Federal and State commitments, the remaining community focused areas of the site are unfunded. This reports seeks Council support for the Chief Executive Officer to engage with external stakeholders in relation to funding for the community spaces from the Minister for Seniors and Ageing; Volunteering; Sport and Recreation and other State and Federal elected representatives.

19 The City’s administration also requests that Council, as part of the Long Term Financial Plan review, consider allocating funding to cover the City’s financial contributions to the project if such cannot be sourced through the State and Federal representatives and via grant opportunities over the next two years.

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20 If the City was successful in funding the estimated $10 million worth of community infrastructure through external and municipal funds then this would enable the whole site to be developed and completed in parallel to the SFC development. This is likely to significantly reduce the project costs relating to procurement, contract management, approvals, mobilisation, and for works such as the land shaping that will be required for the SFC and for the community spaces.

CONSIDERATIONS

Legal Compliance

21 Not applicable.

Policy Implications

22 This reports recommendations are guided by the following Policies: a) FM.05 Budget Preparation. b) ET520 Conservation of Flora and Fauna. c) LP.02 Public Consultation of Planning Proposals.

Financial Considerations

Business Plan

23 Queens Park Regional Open Space has an annual allocation for maintenance and management by the Parks and Place Improvement sub program.

24 Within the Forward Capital Works Plan a financial allocation, based on a revision of the master plan in 2014 was included, however this scenario is not currently considered as part of the current Long Term Financial Plan.

25 A high level estimation to develop the portion of the QPROS outside the SFC for community purposes has been valued at $10 million. This is likely to change as the design is developed and increased accuracy can be afforded to the estimate.

Internal Budget

26 At this stage only Officer time has been costed to the project within Cost Centre 4300. This report recommends including $200,000 within cost centre 4300 in the draft 2020/2021 Budget for Council consideration.

Asset Management

27 Not applicable at this stage of the Master Plan development and officer recommendations.

Sustainability Considerations

28 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment. In advance of these targets having been developed by the City and endorsed by Council this project addresses the following Sustainability Policy CM194 commitments: a) Commitment 2: A commitment to intergenerational equity by planning and designing for current and future benefit of the Canning community.

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b) Commitment 4: A commitment to climate responsive urban development by undertaking land- use planning that takes an integrated, transit-oriented design approach to facilitate accessibility, mobility and appropriate local economic growth. Integrate green infrastructure into the built and natural landscape to future-proof the City against potential impacts of climate change; including heat island effect, water management and drainage infrastructure pressures, energy and fuel poverty and mental and physical health impacts. c) Commitment 5: A commitment to protecting environmental integrity and biodiversity. By ensuring that overall design of the masterplan is in keeping with the surrounding natural environment conserving and enhancing the natural environment and, the built form within the plan delivers sector leading sustainable architectural benefits that reduce intervention requirements. d) Commitment 8: A commitment to developing partnerships and increasing participation in local, state, national and international sustainability opportunities. By working collaboratively with the state to develop the project and collaborate with all tiers of government to produce a world class Football facility in a bushland setting with amenities to provide for the local community.

Consultation

29 Community and Stakeholder Engagement will be critical to the success of this project. A plan has been drafted, reviewed and updated and will continue to be reviewed and updated by the project partners throughout all phases of engagement.

30 The community will play a pivotal role on informing the spaces outside of the SFC and the design of areas such as the play space which will be directly informed by the community.

31 Elected Members were briefed by the PWG on 5 May 2020 and received a confidential Briefing Paper on the project on 1 May 2020.

Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity The State Football Centre Project Elected Working Group will Members Officer have a greater level were briefed Recommendation of confidence that by the Project approved by the Council support the Working Low Likely Insignificant Council (positive full development of Group and (Opportunity) outcomes) the site and updated via Opportunity A subsequent long internal term land tenure memorandum agreement and with latest development information. process discussions. A community engagement Community plan has been Officer perceives that they developed by Recommendation will not have an the Project approved by the Medium opportunity to Working Unlikely Moderate Council (negative inform the Group to (Risk) outcomes) community aspects ensure the Risk B of the community development. have many opportunities to have their

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Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity say through various mediums at various points of the development of the project. The Project This Report Definition Planning has been Officer phase is due to be presented to Recommendation completed by the Council in Medium deferred by the Unlikely Significant end of June. If time to (Risk) Council delayed then the inform the Risk C City’s influence in final Project the final report will Definition be minimal. Plan report. The Project Elected Definition Planning Members phase is due to be were briefed completed by the by the Project end of June. If the Working Officers Group and Officer recommendations updated via Recommendation are declined then internal High declined by the this will significantly memorandum Unlikely Major (Risk) Council hinder the ability of with latest Risk D the City in information. collaboration with This report the project partners avails the to deliver in full of Elected the Queens Park Members of Regional Open the latest Space Masterplan information at project. hand.

COMMENT

32 The SFC project and more broadly the development of the Queens Park Masterplan is a generational project for the City to be involved with. It has the ability to be a catalyst project for the community of Queens Park and will deliver significant employment opportunities during construction and once the SFC commences operation from the site. There will be many community benefits through the development of the degraded space to an attractive parkland setting and via football programs delivered by Football West.

33 Historically, Queens Park has been underfunded insofar as infrastructure projects and the City has a great opportunity to develop the open space for the benefit of the Queens Park and Canning community for many years to come.

34 COVID-19 has and is likely to make available external funding opportunities that the City can submit to including a recently released Community Sports and Recreation Facilities Fund and other future stimulus grants. This project is uniquely placed to receive external funding as it is in collaboration with both Federal and State Governments delivering grass roots community benefit through active and passive recreational spaces.

VOTING REQUIREMENT

35 Simple majority.

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AGENDA BRIEFING COMMENT

36 Not applicable.

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8. NOTICE OF MOTIONS FOR CONSIDERATION AT THE NEXT ORDINARY COUNCIL MEETING

9. URGENT BUSINESS

10. CONFIDENTIAL MATTERS In accordance with section 4.16 of the Standing Orders, the Chief Executive Officer is of the opinion that the report listed below is of a confidential nature. The report has been kept confidential until Council has the opportunity to resolve that all relevant documents should remain confidential and be dealt with behind closed doors.

RECOMMENDATION That Council resolves, in accordance with section 5.23(2) of the Local Government Act 1995 and/or section 4.15(2) of the Standing Orders, that the following report is confidential, for the reasons as shown. CC-031-20 7 (Lot 69) Magnet Road Canning Vale This report contains information of a confidential nature in accordance with Section 5.23(2(c) of the Local Government Act 1995, as it contains information relating to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting

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10.1 Director Canning Community and Commercial CC-031-20 7 (Lot 69) Magnet Road Canning Vale

PROGRAM: Canning Community and Commercial SUB PROGRAM: Land Utilisation FILE REF: Q20/138 REPORT DATE: 3 June 2020 REPORTING OFFICERS: Brian Kavanagh - Project Leader - Land Delivery Matthew Bailey - Land Project Officer Chris O'Connor - Leader Land Projects RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration. Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial sustainability. Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. City of Canning -Buckridge Group of Companies- 7 (lot 69) Magnet Road Canning Vale (D20/47859). (Large Attachments) (Confidential)

*** CONFIDENTIAL TO MEMBERS ONLY *** The Chief Executive Officer is of the opinion that this report contains information of a confidential nature in accordance with Section 5.23(2)(c) of the Local Government Act 1995, as it contains information relating to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting. In accordance with section 4.16 of the Standing Orders this report will be kept confidential until Council has the opportunity to resolve that this document should remain confidential and be dealt with behind Closed Doors.

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11. CLOSURE

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