Confirmed Minutes Electronic Ordinary Council Meeting
21 April 2020
The information contained in these Minutes are 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.
ORDINARY COUNCIL MEETING CONFIRMED MINUTES 21 APRIL 2020
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS AND DISCLAIMER ...... 1
2. ATTENDANCE ...... 1 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. ANNOUNCEMENT BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) ...... 2
5. REPORTS OF DELEGATES (WITHOUT DISCUSSION) ...... 2
6. QUESTION TIME FOR PUBLIC ...... 3 6.1 Response to Previous Questions Taken on Notice ...... 3 6.2 Questions From the Public ...... 3
7. CONFIRMATION OF MINUTES...... 8 Ordinary Council Meeting held on Tuesday, 17 March 2020 ...... 8 Special Council Meeting held on Tuesday, 24 March 2020 ...... 8
8. RECEIVING OF PETITIONS, PRESENTATIONS AND DEPUTATIONS...... 8 8.1 Petitions ...... 8 8.2 Presentations ...... 8 8.3 Deputations ...... 8
9. APPLICATIONS FOR LEAVE OF ABSENCE ...... 9
10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)...... 9
11. ITEM BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY ...... 9
12. REPORTS OF COMMITTEE MEETINGS ...... 9
13. REPORTS ...... 9 13.1 Office of the CEO ...... 9 13.2 Director Canning Community and Commercial ...... 10 CC-013-20 Monthly Financial Report February and March 2020 ...... 10
Page ii ORDINARY COUNCIL MEETING CONFIRMED MINUTES 21 APRIL 2020
13.3 Director Canning Sustainable Development ...... 14 SD-009-20 Proposed Amendment to Development Approval - Materials Recovery Facility at 351 Bannister Road (Lot 85), Canning Vale ...... 14 SD-010-20 Proposed Fast Food Outlet at 1441 Albany Highway (Lot 1 ), Cannington... 23 13.4 Director Canning Environment ...... 39 EN-006-20 Shelley East - Retrospective Underground Power (RUP) ...... 39 EN-007-20 St James - Network Renewal Underground Program Pilot (NRUPP) ...... 46
14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...... 52
15. URGENT BUSINESS...... 52
16. CONFIDENTIAL MATTERS...... 52
17. CLOSURE ...... 52
Page iii
UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
CONFIRMED MINUTES OF ORDINARY COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS ON TUESDAY, 21 APRIL 2020
1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS AND DISCLAIMER The Mayor declared the Ordinary Council Meeting of 21 April 2020 open at 6.02pm and declared: We acknowledge the Wajuk (Wudjyuk) people, the custodians of the land. We also pay our respects to Elders, both past and present. eMeetings On the 7 April 2020, the Commissioner of Police and State Emergency Coordinator issued a Closure and Restriction (Limit the Spread) Directions, pursuant to section 56 of the Emergency Management Act 2005, which applies to the state of Western Australia. The purpose of the Directions is to close certain places and prohibits certain gatherings and activities in order to prevent and control the risks associated with the public health emergency presented by COVID-19, by limiting the spread. In accordance with this Direction Notice, the City of Canning is unable to conduct its Council Meetings in the Council Chambers as a public meeting. Recent amendments to the Administration Regulations allow Council meetings to be conducted by electronic means during this public health emergency. In accordance with Regulation 14 D(2), I have determined to conduct this Ordinary Council Meeting via an electronic means. Whilst the current public health emergency caused by COVID-19 is in force, and until revoked by myself, all future Council and Committee Meetings are authorised to be undertaken via video conference. The City has prepared a Guide for Electronic Council Meetings and this has been sent to all Elected Members. The Guide provides advice and guidance on matters relating to attending and participating in Council Electronic Meetings. Throughout the meeting I will confirm that all Elected Members are in attendance. Tonight’s Council Meeting is being recorded; a copy of the audio recording shall be available on the City’s website within 72 hours of the meeting.
2. ATTENDANCE The Mayor confirmed the attendance of Elected Members via an electronic roll call, with each Elected Member acknowledging they had joined the Meeting.
Mr P Hall Mayor Cr M Bain Beeloo Cr G Barry Mason Cr L Holland Beeliar Cr Y Ponnuthurai Beeliar Cr T Porter Nicholson Cr S Saberi Beeloo Cr Spencer-Teo Bannister Cr C Sweeney Nicholson
Page 1 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
STAFF The Mayor confirmed the attendance of Officers via an electronic roll call, with each Officer acknowledging they had joined the Meeting.
Mr A Kyron Chief Executive Officer Mr G Adams Director Canning Community and Commercial Mr G Bride Director Canning Sustainable Development Mr W Bow Director Canning Environment Ms K Bateman Executive Manager Governance Mr S Leeson (departed 6.51pm) Executive Manager Business Canning Ms K Cornish Supervisor Governance and Compliance Ms S Johnson Governance Officer
Members of the Public No members of the public were in attendance.
2.1 Apologies Nil.
2.2 Approved Leave of Absence Nil.
3. DISCLOSURE OF INTERESTS
3.1 Declarations of Interest (Financial) Nil.
3.2 Declarations of Impartiality Nil.
4. ANNOUNCEMENT BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) The Mayor advised that the Agenda no longer included three items that were listed in the Agenda Briefing papers: Community and Business Support - Phase 1 Response. Rental Abatements to Respond to COVID-19 Pandemic. Budget Review as at 31 March 2020. These three items will be considered at a Special Council Meeting on 30 April 2020. This allows Elected Members and Officers more time to consider recent information from the State and Federal Governments, further feedback from the community, and incorporate additional ideas into the proposed budget measures in response to the COVID- 19 pandemic.
5. REPORTS OF DELEGATES (WITHOUT DISCUSSION) Nil.
Page 2 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 6. QUESTION TIME FOR PUBLIC
6.1 Response to Previous Questions Taken on Notice Nil.
6.2 Questions From the Public The Mayor opened question time at 6.10pm and advised that whilst electronic Council Meetings are being conducted, public questions were being received electronically and by hand at the City’s Administration building. Public Questions received were read aloud and form part of the minutes. The Chief Executive Officer read the following questions aloud.
Ms Florence Wong, Kalangedy Drive, Riverton Question 1: Can the Council provide location information of the Covid 19 infected cases (if any) to the residents of City of Canning? Response 1: The Director Canning Sustainable Development advised that the City does not have detailed information on infected cases within the City, and does not complete the COVID-19 Positive test investigations, this is undertaken by the Department of Health, WA. The Department of Health WA do provide, via its website a list of locations visited by confirmed cases, which includes flights, cruise ships, public transport and areas of elevated risk of community transmission (note: the City of Canning is not listed). This information can be found here; https://www.healthywa.wa.gov.au/Articles/A_E/Coronavirus/Locations-visited-by- confirmed-cases The Department of Health WA also provide a summary of case numbers by local government area, and within the City of Canning the Department’s map indicates that there has been between 6 and 10 cases. This map can be located here; https://ww2.health.wa.gov.au/Articles/A_E/Coronavirus/COVID19-statistics There is available a Coronavirus Health Information Line run by the State Government, which can be contacted at 1800 020 080.
Mr Richard Aldridge, Monota Avenue, Shelley Statement: During the 2020 Annual Electors Meeting (around 22:20 minutes into the meeting audio), the Manager Asset and Finance Management stated: "Operating expenditure just in comparison against an overall adopted budget of $110 million, the actual expense incurred was $113 million and I highlighted the major expenses variances that are listed on the presentation. An employee cost of $54.7 million budgeted. We had an actual expenditure of $57 million. Again, the major contributing factor was reclassification of some of the budget line items mainly for the training expenditure”. Question 1: Can the Administration clarify which ‘training expenditure’ budget line items were reclassified to become employee costs?
Page 3 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Response 1: The Director Canning Community and Commercial advised all training budget line items within the City’s sub-program budgets were re-classified from the nature or type classification of ‘material and contracts’ to that of ‘employee costs’. The City previously accounted for training costs in this manner. It was through implementing a new chart of accounts for the first full year of 2018- 2019 that the misclassification became apparent in the chart’s set up for the budget. The actual costs were correctly classified. The classification of training expenses has since been corrected for the current financial year. Question 2: Can the Chief Executive Officer confirm that the reclassification of the ‘training expenditure’ mentioned by the Manager Asset and Finance Manager to become employee costs does not reduce the transparency on ‘interstate travel conferences and training NOM-018-19’ passed by Council on the 10 December 2019 on budget line items previously (prior reclassification) classified as training expenditure? Response 2: The Director Canning Community and Commercial advised that there is no reduction in transparency within the accounting for City expenditure. Reclassifying does not change the purpose of the transaction. Question 3: To assist with an FOI request, in what date range and who would have been involved in the decision that ‘training expenditure should be reclassified in the budget line items? Response 3: The Director Canning Community and Commercial advised that the classification of employee costs is prescribed by the Local Government (Financial Management) Regulations 1996. Section 5, Page 56 of the Department’s WA Local Government Accounting Manual specifies the inclusion of ‘training costs’.
Mrs Katy Evans, Woodloes Street, Cannington Questions relate to Item SD-010-20 Proposed Fast Food Outlet at 1441 (Lot 1), Albany Highway Cannington. Question 1: What is the basis for the statement that “Given the distance to access the subject site from the aforementioned roads (namely, Woodloes Street, River Road, Bradford Street, and Liege Street), it is considered unlikely that they will be utilised for the purpose of access to the site?” Response 1: The Director Canning Sustainable Development advised that it is acknowledged that due to the location of the proposed development and its restricted access, there is the potential for Albany Highway southbound traffic to utilise residential streets to access the site, until the Rights of Carriageway as outlined in Local Planning Policy LP.13 - Albany Highway Access Network Policy are in place. The residential street route along Liege Street, Bradford Street, River Road, Woodloes Street and Short Street is quite circuitous (having six turns or bends) and along roads with 50km/h travel speeds. An alternative route is for motorists to utilise Albany Highway and undertake a u-turn at Highbury Crescent. Albany Highway has a posted speed of 70km/h and you would have to travel through the Nicholson Road signalised intersection twice. This route is much simpler and would only take approximately 10 seconds longer outside peak periods.
Page 4 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Also due to the location of the proposed development passing trade from Albany Highway southbound motorists will be limited which has been acknowledged by the developer. Southbound motorists are likely to plan their journeys so that they will access the site from the south. Along many commercial strip developments where access is restricted to left turns in and out, the adjacent road network does provide an access function to the commercial strip developments. Woodloes Street, which carries less than 1,000 vehicles per day, performs this function and to ensure that the traffic along this street was kept low, the street was closed at Nicholson Court approximately 20 years ago. Officers have recommended a new condition which would secure a right of carriage way over Lot 1 and Lot 55 to ensure that when the modifications to the cul-de-sac head at River Road is undertaken the continuation of the right of carriageway network along the frontage of Albany Highway is achieved. If Council approves the proposal, the City could monitor and identify any increase in traffic movements in the streets in question and the performance of the road network before considering any further mitigation measures such as the repositioning of the River Road cul-de-sac head. Question 2: Has there been any investigation into the possible effect of car exhaust particulates from drive-through traffic on adjacent (<5m) home-grown vegetables? Response 2: The Director Canning Sustainable Development advised that the effects of vehicle emissions have not been assessed in terms of any possible impact on vegetables being home grown. There are no State or Federal guidelines or policies that would enable such an assessment to be undertaken. The emission standards for vehicles and perceived pollution impact are not regulated by local government. At the State Government level, the City must take into account State Planning Policies, which offer a framework of policies, strategies, plans and guidelines that set the context for decision- making on land use and development in Western Australia. It is noted that there are no State Planning Policies specific to vehicle emission assessment at the development stage. Vehicle are well known to produce emissions.. To respond to this, the Australian Design Rules (ADRs) were introduced by the Federal Government, and are national standards for vehicle safety, anti-theft and emissions. The ADRs are generally performance based and cover issues including engine exhaust emissions. The current standards, the Third Edition ADRs, are administered by the Australian Government under the Motor Vehicle Standards Act 1989, not by local government. The Act requires all road vehicles, whether they are newly manufactured in Australia or are imported as new or second hand vehicles, to comply with the relevant ADRs at the time of manufacture and supply to the Australian market. The standards have changed over time and introduced increasing restrictions on emissions for new vehicles. In terms of emission impact from vehicles from this proposed development, there is likely to be emissions, however the impact will depend upon a number of variables. It is the case, that Albany Highway, which is located adjacent to this development, has a significant number of vehicles using it per day. According to Main Roads data, in 2017/2018 the average number of vehicles using Albany Highway, in close proximity to this development was on average 63,000 vehicles per day (Monday to Friday). The existing emission levels are likely to be high in this area due to Albany Highway.
Page 5 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Mr Douglas McColl, Woodloes Street, Cannington Questions relate to Item SD-010-20 Proposed Fast Food Outlet at 1441 (Lot 1), Albany Highway, Cannington Question 1: If approved, how do Councillors intend to compensate residents (both owners and tenants) for loss of property values, loss of amenity, relocation costs, etc associated with the proposed Krispy Kreme doughnut development? Response 1: The Director Canning Sustainable Development advised that Council will consider the merits of the proposal later in the meeting. In making decisions on planning matters there is a range of matters that need to be considered holistically in arriving at a position. In this case factors such as traffic, noise, odour and amenity are key issues in the assessment process. Under Planning Legislation the impact of planning proposals on property values, whether they may potentially increase of decrease values, cannot be taken into account. Question 2: Being aware of the increased risk to the safety and lives of residents associated with this development, are Councillors willing to bear legal responsibility for this risk, and have Councillors informed their insurers/underwriters of the increased likelihood of criminal and civil legal action arising from it? Response 2: The Director Canning Sustainable Development advised that Council, in this instance is responsible for making a determination on the planning merits of the proposal. Conditions have been recommended for Council’s consideration to mitigate the amenity impacts of the development.
As there were no further questions from the public, the Mayor closed question time at 6.25pm.
Page 6 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 SUSPENSION OF STANDING ORDERS The Mayor advised that in order to facilitate an effective electronic meeting, it was proposed to suspend the following clauses of the City of Canning Standing Orders Local law 2015. The Amended Recommendation removes clauses 7.14(a) and (b) and all of Part 2 from the Recommendation as published in the Agenda. AMENDED OFFICER RECOMMENDATION MOVED Mayor Hall, SECONDED Cr Sweeney, that Council: 1. Suspend the operation of the City of Canning Standing Orders Local Law 2015 clauses as listed below for the duration of this electronic meeting and that these matters be determined at the discretion of the Presiding Member:
Standing Orders Local Law 2015 Clauses: 4.9 Deputations (1) Any person or group wishing to be received as a deputation by the Council is to (b) with the approval of the Presiding Member, at the meeting, address the Council. (3) Unless the Council resolves otherwise, a deputation invited to attend a Council meeting— (a) is not to exceed five people, only two of whom may address the Council although others may respond to specific questions from Members; (b) is not to address the Council for a period exceeding ten minutes without the agreement of the Council; and (c) may seek leave of the Presiding Member for additional members of the deputation to be allowed to speak. 7.1 Members to be in their proper places (3) Each Member must occupy his or her allotted position at each Council Meeting. 7.14 No interruption A member must (c) ensure that his or her mobile telephone, pager or other audible device is switched off or maintained in the silent mode and not used during any meeting. CARRIED BY ABSOLUTE MAJORITY 7/4 For: Mayor Hall, Crs Bain, Kunze, Ponnuthurai, Saberi, Spencer-Teo, Sweeney Against: Deputy Mayor Jacobs, Crs Barry, Holland, Porter
Page 7 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 7. CONFIRMATION OF MINUTES
Ordinary Council Meeting held on Tuesday, 17 March 2020 COUNCIL DECISION MOVED Deputy Mayor Jacobs, SECONDED Cr Barry, that the Minutes of the Ordinary Council Meeting held on Tuesday, 17 March 2020, be taken as read and confirmed. CARRIED UNANIMOUSLY 11/0
Special Council Meeting held on Tuesday, 24 March 2020 COUNCIL DECISION MOVED Cr Barry, SECONDED Cr Ponnuthurai, that the Minutes of the Special Council Meeting held on Tuesday, 24 March 2020, be taken as read and confirmed. CARRIED UNANIMOUSLY 11/0
8. RECEIVING OF PETITIONS, PRESENTATIONS AND DEPUTATIONS
8.1 Petitions Nil.
8.2 Presentations Nil.
8.3 Deputations Mr John Berger regarding Item SD-010-20 Proposed Fast Food Outlet at 1441 Albany Highway (Lot 1), Cannington The Chief Executive Officer read aloud Mr Berger’s Deputation: I raised the issue of traffic impact of this proposed development to the residential streets that would be used as a route for all south bound traffic wanting to access this business. The response in the report is merely a judgement call by the author and lacks any evidence to justify their judgement within the traffic report - I quote:- "It is noted that several adjoining residential neighbours have raised concerns regarding the potential use of Short Street, Woodloes Street, River Road, Bradford Street and Liege Street as a ‘rat-run’ by south-bound travelling customers to reach the site. Given the distance to access the subject site from the aforementioned roads, it is considered unlikely that they will be utilised for the purpose of access to the site.” Where is the evidence that this will not be the case? I do not accept the assertion that is unlikely to occur and disagree. In fact if you use Google maps while traveling south and punch in the proposed location - the first option it gives you is the described rat-run - and who doesn’t use Google maps to find a location? Secondly, this report states that the two busiest periods for this business is in the evenings 7pm-9pm. Your traffic reports will note that most evening traffic is southbound traffic - therefore requiring customers to undertake the ‘rat run’ as described in the report. The lack of ease of access for all southbound traffic makes this development inappropriate for its considered location.
Page 8 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 I also note that the easement will not be constructed until the development of Lot 55, 27A River Road is developed:- "When Lot 55, 27A River Road is developed, a Right of Carriageway will be secured across the front of the property that will link up to Liege Street, therefore further reducing the potential of the ‘rat-run’ discussed above.” I assert that without the provision of an appropriate access for southbound traffic - then this development will have an adverse impact on the use of local residential roads, including Short Street, Woodloes Street, River Road and Bradford Street. I implore the Council to appropriately deal with this traffic issue as part of this development application and not rely on the simple assertion that this won’t occur.
Mr S Allerding of Allerding and Associates regarding item 12.3 – Proposed Amendment to Development Approval Materials Recovery Facility at 351 Bannister Road (Loot 85), Canning Vale The Chief Executive Officer read aloud Mr Allerding’s Deputation: Thank you Mayor and Councillors for the opportunity to address you on this matter in absentia. My name is Steve Allerding. I am the Director of Allerding and Associates, the Planning Consultants responsible for the submittal of the above application to Council. Our address is 125 Hamersley Road in Subiaco. I am addressing you on behalf of the Southern Metropolitan Regional Council (SMRC), who is the operator of the Materials Recovery Facility at 351 Bannister Road, Canning Vale. The item number on the agenda is 12.3 and it relates the proposed change of hours of operation for the Materials Recovery Facility. On behalf of the SMRC, I would like to express our support for the Officer Recommendation for conditional approval of the item. We have also reviewed the conditions of approval and affirm that we have no objection to the proposed conditions.
9. APPLICATIONS FOR LEAVE OF ABSENCE Nil.
10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION) Nil.
11. ITEM BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY Nil.
12. REPORTS OF COMMITTEE MEETINGS Nil.
13. REPORTS
13.1 Office of the CEO Nil.
Page 9 UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
13.2 Director Canning Community and Commercial CC-013-20 Monthly Financial Report February and March 2020
PROGRAM: Canning Community and Commercial SUB PROGRAM: Business Canning FILE REF: Q20/151 REPORT DATE: 16 April 2020 REPORTING OFFICER: Hitesh Attawala - Manager Finance & Asset Management 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. Monthly Financial Statements as at 29 February 2020 (D20/39418). 2. Investments as at 29 February 2020 (D20/30847). 3. Warrant Listing - February 2020 (D20/33633). 4. Small Debt Write Off February 2020 (D20/32654). (Confidential) 5. Monthly Financial Statements as at 31 March 2020 (D20/47609). 6. Investments as at 31 March 2020 (D20/47585). 7. Warrant Listing Report - March 2020 (D20/47292). 8. Small Debt Write Off March 2020 (D20/47062). (Confidential)
In Brief: The Monthly Financial Report provides details of the City of Canning’s (the City) current financial position in relation to the 2019-2020 Annual Budget, including the reporting of material variances (10% or $50,000, whichever is greater), in the Statements of Financial Activity. This report also details the City’s portfolio of investments, payments made during the month and the exercise of Officer Delegations related to the City’s financial operations. The City has meet the Department of Local Government and Communities (DLGC) Financial Health Guidelines and the statutory mid-year Budget Review report is also part of the April 2020 meeting agendas.
Page 10 CC-013-20 Monthly Financial Report February and March 2020 CC-013-20
UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
CC-013-20 COUNCIL DECISION MOVED Cr Ponnuthurai, SECONDED Cr Kunze, that Council: 1. Receives the Monthly Financial Report for the period ended 29 February 2020 (Attachment 1). 2. Receives the Monthly Investment Report for the period ended 29 February 2020 (Attachment 2). 3. Receives the List of Accounts Authorised for Payment under Delegated Authority for the period ended 29 February 2020, for the amount totalling $11,398,547.88 (Attachment 3). 4. Receives the list of Small Balance Write Off under Delegation No. 39 (Attachment 4 and 8). 5. Receives the Monthly Financial Report for the period ended 31 March 2020 (Attachment 5). 6. Receives the Monthly Investment Report for the period ended 31 March 2020 (Attachment 6). 7. Receives the List of Accounts Authorised for Payment under Delegated Authority for the period ended 31 March 2020, for the amount totalling $16,722,276.40 (Attachment 7). CARRIED UNANIMOUSLY 11/0 6.52pm The Executive Manager Business Canning left the meeting.
Relevant Council Resolutions
Council Meeting and Date Report No Decision CC-040-19 SCM 15 August 2019 Adopted 2019-2020 Annual Budget ARC-019-19 OCM 10 December 2019 Annual Report and Financial Adopted Statements 2018-19
BACKGROUND 1 The reporting of monthly financial information is a requirement under Section 6.4 of the Local Government Act 1995 (Act) and Regulation 34 of the Local Government (Financial Management) Regulations 1996 (Regulations). 2 As part of the annual budget process, Council has adopted 10% or $50,000, whichever is greater; to be used for reporting material variances in the Statements of Financial Activity. The Statements of Financial Activity for February and March 2020 are included as Attachments 1 and 5. 3 The report also includes Attachments 2 and 6 which details the City’s investments, in accordance with Policy AF306 Investments. 4 Pursuant to Regulation 13 of the Regulations, a list of payments made from the Municipal and Trust accounts is required to be presented to Council on a periodical basis. These details are included as Attachments 3 and 7. In accordance with Regulation 12 of the Regulations, the Chief Executive Officer has delegated authority to make these payments. 5 The report also includes delegation exercised by delegates/sub-delegates within the month in respect to any award of tender, minor debt write-off and rates exemption. Since the last report, the City wrote off various small balances relating to rates totalling to $347.30 for February and $246.44 for March. These details are included as Confidential Attachment 4 and 8.
Page 11 CC-013-20 Monthly Financial Report February and March 2020 CC-013-20
UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 DETAILS 6 The Statement of Financial Activity for each month provides details of the annual and year-to-date budget position versus the actual position, at a particular point in time. 7 Details of major material variances are reported at program level, as defined by the Local Government (Financial Management) Regulations 1996.
CONSIDERATIONS
Legal Compliance 8 Sections 6.26(2) (g) and 6.4 of the Local Government Act 1995 and associated Local Government (Financial Management) Regulations 1996 and Section 6.16 of the Local Government Act 1995.
Policy Implications 9 The City’s Annual Budget for the year 2019-2020, as adopted by Council, is set within the parameters of Policy FM.05 Budget Preparation. 10 Policy AF306 Investments outlines principles of management of surplus funds and requires reporting of the City’s investment portfolio on a monthly basis. 11 Expenditure from Municipal and Trust Funds have been incurred in accordance with Policy AF301 Procurement of Goods and Services.
Financial Considerations
Business Plan 12 Business Canning. Financial Reporting: a) To prepare the City’s Annual Report, Annual Budget and Long Term Financial Plan. b) To oversee acquittals for external agencies. c) To prepare the City’s accounts for audit. 13 Current material variances affecting the City’s 2019-2020 Annual Budget are detailed within Attachment 1.
Internal Budget 14 Not applicable.
Asset Management 15 Not applicable.
Sustainability Considerations 16 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. 17 In advance of these targets having been developed by the City and endorsed by Council, this report addresses Sustainability Policy CM194 commitment number 7, as the report provides evidence based financial governance and integrates sustainability risk management into decision making by assessing financial risk.
Page 12 CC-013-20 Monthly Financial Report February and March 2020 CC-013-20
UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Consultation 18 Not applicable.
Other Considerations or Risks 19 Council approved the City’s Annual Budget for the year 2019-2020 at the Special Council Meeting on 15 August 2019, via report CC-040-19. The Annual Budget was adopted with a balanced budget. 20 As per the audited Annual Financial Statements for the year 2018-2019 the year end surplus was $3.58 million which was mainly attributable to a Federal Assisted Grant (relating to the year 2019-2020) received in advance, and unspent funds on projects that are to be carried forward. 21 The table below shows the further breakdown of the reported surplus. $ Actual Surplus as per the statement 3,581,811 Less: FAG grant for 2019-2020 received in advance (1,689,534) Less: Carry Forwards (net of revenue and reserve transfers) (4,023,509) 30 June 2019 Year End position - Deficit (2,131,232) 22 Report ARC-019-19 Annual Report and Financial Statements 2018-2019 presented at the Ordinary Council Meeting of 10 December 2019 included an initial amount for carry forward projects as $4,108,659. The confirmed figure is $4,023,509 and is included in the table above, resulting into reduction in end of year deficit reported earlier. 23 In order to continue to maintain service delivery to the community, funding sources will have to be identified in the current year and as part of the future budget preparation as well as preparation of annual financial statements to reduce this deficit.
COMMENT 24 The City’s overall financial position is sound. 25 It should be noted that the Warrant of Payments is a system generated report which relies on supplier categorisation. The descriptions used best represent the City’s typical procurement and purchases; however some actual items purchased may differ. 26 As per the Regulations, there is no requirement for inclusion of commitments on account of purchase orders in the monthly financial report however, for better reporting the City has reported commitments in this financial report. 27 This report includes financial statements for February 2020 as well as March 2020 so as to provide the most current information to be considered together with the Budget Review report. Going forward, we shall be providing the monthly financial report to Council in the month following the month end as opposed to the current practice of providing in the second month this will present the most up to date information.
VOTING REQUIREMENT 28 Simple majority.
AGENDA BRIEFING COMMENT 29 Nil.
Page 13 CC-013-20 Monthly Financial Report February and March 2020 CC-013-20
UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
13.3 Director Canning Sustainable Development SD-009-20 Proposed Amendment to Development Approval - Materials Recovery Facility at 351 Bannister Road (Lot 85), Canning Vale
PROGRAM: Canning Sustainable Development SUB PROGRAM: Liveable Canning FILE REF: Q20/144 REPORT DATE: 16 April 2020 REPORTING OFFICER: Stephanie Cohen-Radosevich - Senior Planning Officer RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development
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: 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 Approval issued by SAT on 2 December 2010 (D20/50448). 2. Applicant's Cover Letters dated 25 March 2020 and 20 December 2019 (D20/50451). 3. Environmental Noise Modelling of Night-Time Operation of the Materials Recovery Facility (D20/49436). (Large Attachments) 4. RRRC Environmental Noise Management Plan for Materials Recycling Facility (D20/43096). (Large Attachments) 5. Bushfire Management Plan dated 19 March 2020 (D20/49437). (Large Attachments) 6. Fire Assessment Report dated 17 March 2020 (D20/50615).
In Brief: Council consideration is required to determine an amendment to a development approval to an existing Materials Recovery Facility at 351 Bannister Road (Lot 85), Canning Vale. The application proposes to amend Condition 2 of the existing development approval to provide for an increase in the hours of operation. The application requires development approval under Clause 61 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 relates to an amendment to a Significant Development under the City of Canning Local Planning Policy LP.06, the development is presented to Council for determination. The proposed development has been assessed against the relevant planning requirements and it is recommended that the application be approved by Council subject to amended conditions.
Page 14 SD-009-20 Proposed Amendment to Development Approval - Materials Recovery Facility SD-009-20 at 351 Bannister Road (Lot 85), Canning Vale
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SD-009-20 OFFICER RECOMMENDATION MOVED Cr Barry, SECONDED Cr Kunze, that Council, pursuant to Clause 68 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulation 2015, approves the application for an amendment to the development approval for a Materials Recovery Facility at 351 Bannister Road (Lot 85), Canning Vale, subject to the following conditions: Amended Conditions 2. The Development may operate from 6am until Midnight Monday to Saturday and 6am until 6pm Sunday. The operator shall ensure that these hours are adhered to. Outside these hours the operator may clean, maintain and repair the development (including the structure of the building and any vehicle, plant and equipment). Nothing in this paragraph restricts the operator’s ability to respond to a fire or other emergency. New Conditions 16. Prior to the occupation or use of the development, the recommendations contained in the Bushfire Management Plan prepared by Allerding and Associates dated 19 March 2020 are to be implemented and thereafter adhered to, unless an amendment to the Management Plan is approved by the City. 17. Within three months of the occupation or use of the development, the owner is to register a notification pursuant of Section 70A of the Transfer of Land Act 1893 on the Certificate of Title of the subject land, at the cost of the owner and to the satisfaction of the City’s Solicitors, that states: ‘The lot(s) is/are subject to a bushfire management plan. This Bushfire Management Plan is applicable to the site and may be enforced through the Local Government Firebreak Notice or other statutory avenue.’ 18. Prior to the occupation or use of the development, the recommendations from the Noise Management Plan ‘RRRC Environmental Noise Management Plan for Materials Recycling Facility’, prepared by Wood and dated 24 March 2020, shall be implemented and thereafter complied with to the satisfaction of the City, unless an amendment to the Management Plan is approved by the City. 19. Within three months of the occupation or use of the development, a noise report, including ground truthing of noise emissions, is to be submitted by an accredited acoustic consultant at the applicant’s cost that confirms noise from the development complies with the Environmental Protection (Noise) Regulations 1997 to the satisfaction of the City. CARRIED UNANIMOUSLY 11/0
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 PROPERTY DETAILS
Property Address: 351 Bannister Road, Canning Vale (Lot 85 on P002903)
Applicant: Allerding and Associates
Owner: City of Canning
Zoning MRS: Industrial
TPS: Mixed Business
Use Class and Permissibility Use Not Listed; refer to Subclause 3.3.4 of the City’s Scheme
Lot Size: 88,632m2
Application Serial No.: 15/20188.1
LOCATION MAP
BACKGROUND Local Context 1 As depicted on the above Location Map, the Materials Recycling Facility is located at 351 Bannister Road (Lot 85) Canning Vale (‘the subject land’ or ‘development site’) being on the north-western side of Bannister Road, abutting the City of Melville local government authority boundary, and approximately 500metres to the south-west of the South Street and Ranford Road intersection. 2 The Materials Recycling Facility forms part of the Canning Vale Regional Resource Recovery Centre operated by the Southern Metropolitan Regional Council (SMRC).
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3 The development site is bounded by Bannister Road to the south-eastern lot boundary, Kent Hurst Park to the south-western lot boundary, Roe Highway to the north-western lot boundary and a Mixed Business zoned property to the north-eastern lot boundary (currently occupied by a bus depot and vehicle storage yard). 4 The subject land is zoned Mixed Business under the City’s Town Planning Scheme No. 40 (‘City’s Scheme’), and interfaces with Mixed Business zoned properties on the other side of Bannister Road. 5 The development site is located approximately 1 kilometre south-west of Market City, approximately 3 kilometres south-east of the Southlands Boulevarde Shopping Centre and approximately 3.3 kilometres north-west of the Livingston Marketplace Shopping Centre. Previous Development Approval 6 On 2 December 2010, the State Administrative Tribunal (SAT) granted development approval for a Materials Recycling Facility on the subject land (SAT Ref: DR 489/2009, City’s Ref: 16/12892). A copy of the development approval issued by SAT is provided as an attachment to this report (refer to Attachment 1). DETAILS Development Proposal 7 The application for development approval (‘Development Application’) proposes an amendment to Condition 2 of the Development Approval which was granted by the SAT on 2 December 2010. Condition 2 currently states: “2. The Development may operate from 6am until 10pm Monday to Saturday. The operator shall ensure that these hours are adhered to. Outside these hours the operator may clean, maintain and repair the Development (including the structure of the building and any vehicle, plant and equipment). Nothing in this paragraph restricts the operator's ability to respond to a fire or other emergency.” 8 The applicant has requested that Condition 2 be modified as follows: “2. The Development may operate from 6am until Midnight Monday to Saturday and 6am until 6pm Sunday. The operator shall ensure that these hours are adhered to. Outside these hours the operator may clean, maintain and repair the development (including the structure of the building and any vehicle, plant and equipment). Nothing in this paragraph restricts the operator’s ability to respond to a fire or other emergency.” 9 The applicant has requested that Condition 2 be modified to provide for an increase to the hours of operation. In particular, the applicant has noted that the existing facility will be able to provide increased recycling rates in the community generally, as well as to provide redundancy in the operation of the plant to ensure there is sufficient capacity across the metropolitan area to avoid recyclable materials being diverted to landfill. The increase in hours of operation will accommodate the additional waste to be processed, otherwise the recyclable material will be diverted to landfill. 10 Development plans and elevations, supporting letters from the Applicant and accompanying reports are provided as attachments to this report (refer to Attachments 1 to 6, inclusive). 11 In assessing and determining this Development Application the City is required 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 Scheme.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 b) The requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving. c) Any policy of the State. d) Any local planning policy for the Scheme area. e) The compatibility of the development with its setting, including the relationship 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. f) The amenity of the locality including environmental impacts of the development and the character of the locality. Compatibility of the Development 12 The subject land is zoned Mixed Business under the City’s Scheme. The objective of the Mixed Business zone, as listed under Table 2 of the City’s Scheme, is “to provide a suitable planned environment to accommodate a wide range of light industrial and service commercial uses together with small scale enterprises which are not readily accommodated in existing Commercial Centres.” 13 It is considered that the Materials Recovery Facility is an appropriate use within the Mixed Business zone on the basis that: a) It is similar in intensity to other light industrial and service commercial land uses located along Bannister Road. b) The nature of the business operations are not accommodated within the existing Commercial centres within the City. 14 The subject land is approximately 250m from Residential zoned properties. In considering whether the development/use is compatible with the nearby residential development, the City is to have regard to relevant matters including, the potential impact on the amenity of the locality (including anticipated noise emissions and the hours of operation), and the development requirements of the City’s Scheme and policies. These matters are further discussed below. Amenity – Noise and Hours of Operation 15 It is considered that the development will not result in a significant detrimental impact on the amenity of the nearby residential, light industrial and commercial businesses in respect to noise. The Applicant has submitted supporting noise reports including Environmental Noise Modelling of Night- Time Operation and a Noise Management Plan (Attachments 3 and 4), which has been reviewed and are considered to be satisfactory by the City’s Officers. The Noise Management Plan contains recommendations that will mitigate noise emissions, ensuring that the development will achieve full compliance with the Environmental Protection (Noise) Regulations 1997. A condition requiring the implementation of the recommendations from the Noise Management Plan has been included in the Officer Recommendation section. CONSIDERATIONS Legal Compliance Planning and Development (Local Planning Schemes) Regulations 2015
16 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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17 The application has been processed and assessed in accordance with Parts 8 and 9 of the Deemed Provisions, including Clause 67 which identifies that the Local Government is to have regard to a number of matters when making a decision. The above Details section provides commentary in respect to the relevant planning considerations. 18 A copy of the LPS Regulations 2015 is available to download from the City’s Planning Services webpage. City of Canning Town Planning Scheme No. 40 19 The subject land is zoned Mixed Business under the City’s Town Planning Scheme No. 40 (‘Scheme’). 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 Mixed Business zone, subject to appropriate assessment and determination. 20 The proposed development/use does not fall within a use class that is referred to in the zoning table of the City’s Scheme. Therefore, in accordance with Subclause 3.3.4 of the City’s Scheme “the local government may, in respect of a use that is not specifically referred to in the zoning table and that cannot reasonably be determined as falling within a use class referred to in the zoning table: (a) determine that the use is consistent with the objectives of a particular zone and is therefore a use that may be permitted in the zone subject to conditions imposed by the local government; or (b) determine that the use may be consistent with the objectives of a particular zone and give notice under clause 64 of the deemed provisions before considering an application for development approval for the use of the land; or (c) determine that the use is not consistent with the objectives of a particular zone and is therefore not permitted in the zone.” 21 In this instance, the City’s Officers have assessed the Development Application with regard to the requirements of Subclause 3.3.4 paragraph (a). Of note, and as further explained in the following Consultation section, public advertising is not required prior to the City making a determination. 22 A copy of the City’s Scheme is available to download from the City’s Planning Services webpage. City of Canning Delegation of Authority – Council to the City’s CEO and Employees 23 In accordance with the City’s Delegation No. 213 ‘Development Approval’, as the proposal relates to an amendment to a Significant Development under the City of Canning Local Planning Policy LP.06, the City’s Officers do not have authorisation to make a determination. Therefore, this Development Application is presented to Council for determination. Policy Implications State Planning Policy 3.7 – Planning in Bushfire Prone Areas 24 The property is located within a bushfire prone area, and the Applicant has submitted a Bushfire Management Plan in accordance with the requirements of the State Planning Policy 3.7 – Planning in Bushfire Prone Areas (refer to Attachment 5). It is noted that the Bushfire Attack Level (BAL) rating of the existing development has been assessed which results in rating of BAL-29. Where development occurs within areas with a BAL rating of BAL-12.5 to BAL-29, a Bushfire Management Plan is required to be prepared which addresses the bushfire protection criteria. A Bushfire Management Plan has been submitted which demonstrates compliance with the acceptable solutions of the bushfire protection criteria. Therefore, the development application is considered to be compliant with the requirements of State Planning Policy 3.7. Conditions requiring the implementation of the Bushfire Management Plan and a notification on the Certificate of Title advising of the Bushfire Management Plan have been included in the Officer Recommendation section.
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25 Copies of the state planning policies are available to download from the Department of Planning, Lands and Heritage’s State Planning Framework webpage. Local Planning Policies 26 There are no local planning policies applicable to the determination of this Development Application. Copies of the City’s local planning policies are available to download from the City’s Planning Services webpage. Financial Considerations Business Plan 27 The processing of development applications is a core service provided by the City of Canning Statutory Planning team. Internal Budget 28 Not applicable. Asset Management 29 Not applicable. Sustainability Considerations 30 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. The proposal addresses the Policy via the following: a) A commitment to responsible resource management and impact reduction. The proposed development will assist in addressing the environmental impact of waste management and improve sustainability. b) A commitment to climate responsive urban development. The proposed development will facilitate minimising the potential impacts of climate change resulting from waste management. c) A commitment to developing partnerships and increasing participation in local, state, national and international sustainability opportunities. The proposed development is a collaborated approach to waste management with the Southern Metropolitan Regional Council. Consultation Public Consultation
31 Public consultation to surrounding the land owner or occupants of surrounding properties was not required during the assessment of this Development Application, as the proposal does not involve any matters for consideration or variations to the provisions of the City’s Scheme that are likely to adversely impact surrounding properties. As noted in the above Details section, the land use of the development was approved by the State Administrative Tribunal on 2 December 2010 whereby the application relates to the proposed amendment to a condition of Development Approval. Consultation with Other Authorities
32 As part of the processing of this application the City’s Officers have liaised with the Department of Water and Environmental Regulation (DWER), who are concurrently processing an application for a prescribed premises licence. DWER have advised that they have no concerns in relation to the proposed amendment to Condition 2 of the Development Approval.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity The proposed development will provide an Officer opportunity for Recommendation development supported by the consistent with Issue High Council (positive the City’s and Development Almost Certain Moderate (Opportunity) outcomes) State’s Planning Approval. Framework Opportunity A given the site is located within the Mixed Business area. The City has Possible received reports Officer concerns / from the Recommendation complaints from Applicant advising supported by the the nearby that noise will be Medium Council (negative Possible Moderate residents managed and it (Risk) outcomes) regarding has been Risk B impact on addressed in a amenity. satisfactory 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 60 days. The City’s Officers have undertaken Should the an assessment of Council choose the proposal in Officer to refuse the accordance with Recommendation application, the Medium the planning Likely Minor declined by Council Applicant could framework and (Risk) exercise their Risk D are of the view right of appeal the proposal is to the SAT. consistent with this framework.
33 If the Applicant or Owner is aggrieved by the City’s determination, there is a right of review by the State Administrative Tribunal, 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.
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34 In this respect, the Applicant may lodge an application for review if the Development Application is refused by the City, or if they wish to seek an amendment to a condition of development approval. COMMENT 35 It is considered that the development addresses the relevant matters for consideration and the aims and provisions of the City’s Scheme; including the objectives of the Mixed Business zone as listed in Table 2 of the City’s Scheme, and the provisions of Part 4 General Development Requirements and Clause 4.17 Industrial Zone Development Requirements. Of note: a) The proposed hours of operation is similar in intensity to other industrial developments within the locality, which adjoin Bannister Road. In addition, the subject land is strategically located on Bannister Road, between Ken Hurst Park and Roe Highway. b) The Applicant has provided a Noise Management 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. 36 It is recommended that Council approves the development, subject to the conditions listed in the Officer Recommendation. VOTING REQUIREMENT 37 Simple majority. AGENDA BRIEFING COMMENT 38 Nil.
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SD-010-20 Proposed Fast Food Outlet at 1441 Albany Highway (Lot 1 ), Cannington
PROGRAM: Canning Sustainable Development SUB PROGRAM: Statutory Planning FILE REF: Q20/149 REPORT DATE: 16 April 2020 REPORTING OFFICER: Martin Urbanski - 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. 15/19711.1 - Attachment 1 - Development Plans - 1441 Albany Highway CANNINGTON (D20/35880). (Large Attachments) 2. 15/19711.1 - Attachment 2 - Odour Assessment Report - 1441 Albany Highway CANNINGTON (D20/35878). (Large Attachments) 3. 15/19711.1 - Attachment 3 - Acoustic Report - 1441 Albany Highway CANNINGTON (D20/35876). (Large Attachments) 4. 15/19711.1 - Attachment 4 - Traffic Impact Assessment - 1441 Albany Highway CANNINGTON (D20/35884). (Large Attachments) 5. 15/19711.1 - Attachment 5 - Waste Management Plan - 1441 Albany Highway CANNINGTON (D20/35880). (Large Attachments) 6. Consultation Map (D20/35886). 7. 15/19711.1 - Attachment 7 - Schedule of Submissions for Council Reports - 1439-1441 Albany Highway CANNINGTON 6107 (AD20/5139). (Large Attachments)
In Brief: Council consideration is required to determine an application for Development Approval proposing the construction of a Fast Food Outlet at 1441 Albany Highway (Lot 1), Cannington. The application requires development approval under Clause 61 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. The proposed development has been assessed against the relevant planning requirements and it is recommended that the application be approved by Council subject to conditions.
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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 Instrument of Delegation, at the April 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.
Note: An amended Officer Recommendation was circulated to Elected Members. The change included a reference to 27a and 27b River Road and a new condition 14. Two new paragraphs (45 and 46) explaining the changes are included in the Officer’s report to the Minutes of this Meeting.
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SD-010-20 OFFICER RECOMMENDATION MOVED Cr Ponnuthurai, SECONDED Cr Kunze, that Council, pursuant to Clause 68 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, approves the application for a development approval for a Fast Food Outlet at 1441 Albany Highway (Lot 1), Cannington, and 27a and 27b River Road (Lots 1 and 2 parent Lot 55), Cannington 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 10.00pm from Monday to Sunday, inclusive. 3. The recommendations from the Odour Assessment Report, prepared by The Odour Unit, dated 2 October 2019, are to be implemented in full and thereafter complied with, to the satisfaction of the City. 4. Prior to occupancy or use of the development, an acoustic fence of a masonry or other suitable alternative material with a height of two metres is to be installed along: a) The full extent of the south-western lot boundary; and b) A 33.6m extent of the north-western lot boundary, as indicated on the stamped approved plan, to the satisfaction of the City. 5. Noise emitted from the speakers (including drive-through and music speakers) is not to be audible, when assessed by the City’s authorised noise officer, from any residential property. 6. Within three months from the issue of an Occupancy Certificate, a Noise Report (including ground truthing of noise emissions) is to be submitted by an accredited acoustic consultant which confirms that noise from the development complies with the Environmental Protection (Noise) Regulations 1997, to the satisfaction of the City. 7. Prior to occupancy or use of the development, an amended Waste Management Plan is to be submitted to the satisfaction of the City that details how waste will be managed onsite, including, but not limited to: a) The type and dimensions of waste receptacles. b) Where the waste receptacles are to be stored. c) Where the waste receptacles are to be emptied and collected, including how cross- contamination between the waste receptacles and food deliveries will be prevented. d) How the waste receptacles are to be kept free of odour. e) The frequency of collection. f) The details of the waste services provider. The approved amended Waste Management Plan is to be implemented in full and thereafter complied with to the satisfaction of the City, unless otherwise approved by the City. 8. Service vehicles, with the exception of waste collection vehicles, are not to attend the site outside the hours of 7.00am to 7.00pm Monday to Saturday, and are not to attend the site at all on a Sunday, unless otherwise approved by the City.
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9. Stormwater from all roofed and paved areas must be collected and discharged to the City’s stormwater drainage system via a silt trap. 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. 10. Car parking spaces together with their aisles are to be constructed, drained and line marked and thereafter maintained to the satisfaction of the City. 11. Three bicycle parking spaces and three lockers shall be installed and thereafter maintained in accordance with relevant Australian Standards and to the satisfaction of the City. 12. Landscaping is to be installed in accordance with the stamped approved Landscape Plan and Landscape Note and Detail Plan, including provision of nine trees, and thereafter maintained to the satisfaction of the City. 13. The proposed illuminated signs are not to: a) Exceed 300cd.2 (candela per square metre) between sunset and sunrise. b) Flash, pulsate or chase. c) Contain fluorescent, reflective or retro reflective colours or material. 14. Prior to the occupation or use of the development, the land owner is to enter into a legal agreement with the City of Canning to defer: a) Easement(s) pursuant to Sections 195 and 196 of the Land Administration Act 1997 specifying public access over the subject portions of Lot 1 on Diagram 50338 and Lot 55 on Plan 2188 designated as a right-of-carriageway on the City of Canning Local Planning Policy LP.13 - Albany Highway Access Network to be placed on the certificate(s) of title. Notice of the easement(s) to be included on the diagram or plan of survey (deposited plan); and b) Construction and drainage of the portion of Lot 55 on Plan 2188 the subject of the easement(s), The legal documentation is to be prepared by the City’s Solicitors at the cost of the land owner, to the satisfaction of the City.
Cr Bain moved the first of two amendments to the Officer Recommendation: 1. That a new Part ‘O’ be added to the list of conditions, by adding the wording “Prior to the occupation or use of the development, ‘Local Traffic Only’ signage is to be installed on the street verges of Bradford Street and Marriamup Street near the intersection of Liege Street by the City, at the cost of the applicant/land owner.” Cr Bain advised that the amendments may alleviate the concerns of residents regarding noise and amenity regarding the fast food outlet. The Mayor advised that the two amendments would be dealt with and voted on individually, in accordance with clause 9.9 of the City of Canning Standing Orders Local Law 2015. AMENDMENT 1 MOVED Cr Bain, SECONDED Cr Spencer-Teo, that Council add a Part O to the list of conditions: o) Prior to the occupation or use of the development, “Local Traffic Only” signage is to be installed on the street verges of Bradford Street and Marriamup Street near the intersection of Liege Street by the City, at the cost of the applicant/land owner.
CARRIED UNANIMOUSLY 11/0
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Cr Bain then moved his second Amendment to the Officer Recommendation which involved adding a new Part 2 adding “Requests the Chief Executive Officer to include a proposed budget allocation of $100,000 in the draft 2020-2021 Annual Budget for consideration by Council for the cost of the City undertaking works to modify the River Road cul-de-sac head and to accommodate the right of carriageway connection from Lot 55 on Plan 2188 to River Road in accordance with the City’s Local Planning Policy LP.13 – Albany Highway Access Network.” Note: Adding a Part 2 to the Officer Recommendation required a renumbering of the Officer Recommendation. AMENDMENT 2 MOVED Cr Bain, SECONDED Deputy Mayor Jacobs, that a new Part 2 be added to the Officer Recommendation: 2 Requests the Chief Executive Officer to include a proposed budget allocation of $100,000 in the draft 2020-2021 Annual Budget for consideration by Council for the cost of the City undertaking works to modify the River Road cul-de-sac head and to accommodate the right of carriageway connection from Lot 55 on Plan 2188 to River Road in accordance with the City’s Local Planning Policy LP.13 – Albany Highway Access Network.
7.44pm Cr Barry departed the meeting. 7.46pm Cr Barry returned to the meeting.
CARRIED 9/2 For: Mayor Hall, Deputy Mayor Jacobs, Crs Bain, Barry, Holland, Ponnuthurai, Porter, Saberi, Sweeney Against: Crs Kunze, Spencer-Teo SUBSTANTIVE MOTION AS AMENDED MOVED Cr Ponnuthurai, SECONDED Cr Kunze, that Council: 1. Pursuant to Clause 68 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, approves the application for a development approval for a Fast Food Outlet at 1441 Albany Highway (Lot 1), Cannington, subject to the following conditions: a) The development is to comply in all respects with the stamped approved plans. b) The hours of operation are restricted to 6.00am to 10.00pm from Monday to Sunday, inclusive. c) The recommendations from the Odour Assessment Report, prepared by The Odour Unit, dated 2 October 2019, are to be implemented in full and thereafter complied with, to the satisfaction of the City. d) Prior to occupancy or use of the development, an acoustic fence of a masonry or other suitable alternative material with a height of two metres is to be installed along: i) The full extent of the south-western lot boundary; and ii) A 33.6m extent of the north-western lot boundary, as indicated on the stamped approved plan, to the satisfaction of the City. e) Noise emitted from the speakers (including drive-through and music speakers) is not to be audible, when assessed by the City’s authorised noise officer, from any residential property.
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f) Within three months from the issue of an Occupancy Certificate, a Noise Report (including ground truthing of noise emissions) is to be submitted by an accredited acoustic consultant which confirms that noise from the development complies with the Environmental Protection (Noise) Regulations 1997, to the satisfaction of the City. g) Prior to occupancy or use of the development, an amended Waste Management Plan is to be submitted to the satisfaction of the City that details how waste will be managed onsite, including, but not limited to: i) The type and dimensions of waste receptacles. ii) Where the waste receptacles are to be stored. iii) Where the waste receptacles are to be emptied and collected, including how cross-contamination between the waste receptacles and food deliveries will be prevented. iv) How the waste receptacles are to be kept free of odour. v) The frequency of collection. vi) The details of the waste services provider. The approved amended Waste Management Plan is to be implemented in full and thereafter complied with to the satisfaction of the City, unless otherwise approved by the City. h) Service vehicles, with the exception of waste collection vehicles, are not to attend the site outside the hours of 7.00am to 7.00pm Monday to Saturday, and are not to attend the site at all on a Sunday, unless otherwise approved by the City. i) Stormwater from all roofed and paved areas must be collected and discharged to the City’s stormwater drainage system via a silt trap. 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. j) Car parking spaces together with their aisles are to be constructed, drained and line marked and thereafter maintained to the satisfaction of the City. k) Three bicycle parking spaces and three lockers shall be installed and thereafter maintained in accordance with relevant Australian Standards and to the satisfaction of the City. l) Landscaping is to be installed in accordance with the stamped approved Landscape Plan and Landscape Note and Detail Plan, including provision of nine trees, and thereafter maintained to the satisfaction of the City. m) The proposed illuminated signs are not to: i) Exceed 300cd.2 (candela per square metre) between sunset and sunrise. ii) Flash, pulsate or chase. iv) Contain fluorescent, reflective or retro reflective colours or material. n) Prior to the occupation or use of the development, the land owner is to enter into a legal agreement with the City of Canning to defer: i) Easement(s) pursuant to Sections 195 and 196 of the Land Administration Act 1997 specifying public access over the subject portions of Lot 1 on Diagram 50338 and Lot 55 on Plan 2188 designated as a right-of-carriageway on the City of Canning Local Planning Policy LP.13 - Albany Highway Access Network to be
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 placed on the certificate(s) of title. Notice of the easement(s) to be included on the diagram or plan of survey (deposited plan); and ii) Construction and drainage of the portion of Lot 55 on Plan 2188 the subject of the easement(s), The legal documentation is to be prepared by the City’s Solicitors at the cost of the land owner, to the satisfaction of the City. o) Prior to the occupation or use of the development, ‘Local Traffic Only’ signage is to be installed on the street verges of Bradford Street and Marriamup Street near the intersection of Liege Street by the City at the cost of the applicant/land owner. 2 Requests the Chief Executive Officer include a proposed budget allocation of $100,000 in the draft 2020-2021 Annual Budget for consideration by Council for the cost of the City undertaking works to modify the River Road cul-de-sac head and to accommodate the right of carriageway connection from Lot 55 on Plan 2188 to River Road in accordance with the City’s Local Planning Policy LP.13 – Albany Highway Access Network. CARRIED 8/3 For: Mayor Hall, Deputy Mayor Jacobs, Crs Bain, Kunze, Ponnuthurai, Porter, Spencer-Teo, Sweeney Against: Crs Barry, Holland, Saberi
PROPERTY DETAILS
Property Address and 1441 Albany Highway, Cannington Lot Details: (Lot 1 on D050338)
Applicant: Krispy Kreme Australia Pty Ltd C/- Richmond + Ross Pty Ltd
Owner: Farmcove Pty Ltd (Director: Baldev Singh Bagga)
Zoning MRS: Urban
TPS: Service Commercial
Use Class and Permissibility Fast Food Outlet – ‘A’
Lot Size: 2,222.79metres2
Application Serial No.: 15/19711.1
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 LOCATION MAP
BACKGROUND Local Context
1 As depicted in the above Location Map, 1441 Albany Highway (Lot 1) Cannington (‘the subject land’ or ‘development site’) is located on the south-western side of Albany Highway, between Short Street and River Road.
2 The subject land is zoned Service Commercial under the City’s Town Planning Scheme No. 40 (‘City’s Scheme’), and is currently occupied by a Motor Vehicles Sales business. The existing building at the rear of the site will be demolished as part of this application.
3 The development site adjoins a Service Commercial zoned property to the north-western lot boundary (currently occupied by a Motor Vehicle Sales business) and a Service Station zoned property to the south-western lot boundary (currently occupied by a BP Service Station, as annotated on the above Location Map). Low density (R30 coded) residential properties adjoin the south- western lot boundary and a portion of the north-western lot boundary, which predominately comprise single houses and grouped dwellings.
4 The subject land interfaces with Commercial zoned properties on the other side of Albany Highway, is approximately 100 metres south of the Canning Agricultural, Horticultural and Recreational Society (CAHRS) property (as annotated on the above Location Map) and is approximately 370 metres south- east of Carousel Shopping Centre. DETAILS
5 The application for development approval (‘Development Application’) proposes the construction of a new Fast Food Outlet, comprising: a) A 289m2 single storey building to produce doughnuts for retail sale, either take-away or in store consumption. b) A drive-through located at the rear of the property. c) 23 car parking bays located at the front of the property. d) Proposed operation hours are Monday to Sunday 6.00am to 11.00pm.
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6 Development plans, elevations and accompanying reports are provided as attachments to this report (refer to Attachments 1 to 5).
7 In assessing and determining this Development Application the City is required 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 Scheme. b) The compatibility of the development with its setting, including the relationship 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. c) The amenity of the locality including the character of the locality and social impacts of the development. d) 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. e) 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 probable effect on traffic flow and safety. f) Any submission received on the application. Compatibility of the Development
8 The subject land is zoned Service Commercial under the City’s Scheme. An objective of the Service Commercial zone, as listed under Table 2 of the City’s Scheme, is “to accommodate commercial activities which, because of the nature of the business, require good vehicular access and/or large sites.”
9 It is considered that a Fast Food Outlet is an appropriate use within the Service Commercial zone on the basis that: a) It is similar in intensity to other commercial development which directly adjoins Albany Highway. b) The nature of the business operations requires good vehicular access and a large site.
10 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, odour and the hours of operation), traffic generation and safety, and the development requirement of the City’s Scheme and policies. These matters are further discussed below. Amenity – Odour, Noise and Hours of Operation
11 It is considered that the development will not result in a significant detrimental impact on the amenity of the adjoining residential and commercial businesses in respect to odour. The Applicant has submitted a supporting Odour Assessment Report (Attachment 2) which has been reviewed and is considered to be satisfactory by the City’s Officers. The Odour Assessment Report contains recommendations that will mitigate odour emissions. A condition requiring the implementation of the recommendations from this Odour Assessment Report has been included in the Officer Recommendation section.
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12 In respect to noise emissions and the hours of operation, it is considered that the development will not result in a significant detrimental impact on the amenity of the surrounding locality on the basis that: a) The Applicant has submitted an Acoustic Report (Attachment 3) which has been reviewed and is considered to be satisfactory by the City’s Officers. The report states the development will achieve full compliance with the Environmental Protection (Noise) Regulations 1997. A recommendation in the report provides that the development will be required to ensure any noise from speakers (including drive-through or music) is not audible from any residential property. In addition, the report also recommends the installation of an acoustic fence to a height of 2 metres along the lot boundaries abutting residential properties. Conditions requiring the installation of the proposed acoustic fence and restricting the emission of noise from speakers are included in the above Officer Recommendation section. b) The proposed hours of operation are Monday to Sunday 6.00am to 11.00pm. It is noted that the proposed hours of operation are not consistent with the types of business that are typically located within the subject Service Commercial zone. With the exception of the Service Station, the proposed hours are not consistent with other existing businesses along Albany Highway which are located in close proximity to the proposed Fast Food Outlet. It is noted that a number of concerns have been raised in submissions regarding the proposed operating hours. The City’s Officers are not supportive of the proposed 11.00pm closing time, however, a 10.00pm closing time is supported as this would not result in a significant detrimental impact on the adjoining residential properties. In this respect, it is noted that the Traffic Impact Assessment outlines that based on the Myaree store, peak periods occur on Saturdays from 11.00am to 12.00pm and 9.00pm to 10.00pm. Additionally, the busiest times on weekdays occur from 1.00pm to 2.00pm and 7.00pm to 9.00pm. Accordingly, a condition restricting the hours of operation from 6.00am to 10.00pm has been included in the above Officer Recommendation section. The applicants based on the feedback received are supportive of a 10.00pm closing time. Traffic Generation and Access
13 The Applicant has submitted a supporting Traffic Impact Assessment (Attachment 4) which has been reviewed and is considered to be satisfactory by the City’s Officers. The Traffic Impact Assessment provides for a projected traffic generation of 60 trips during peak hour periods, 30 inbound and 30 outbound. It is considered the low traffic generation of the subject site during the peak operating hours will not have any undue impact on the safety and functionality of Albany Highway.
14 It is noted that several adjoining residential neighbours have raised concerns regarding the potential use of Short Street, Woodloes Street, River Road, Bradford Street and Liege Street as a ‘rat-run’ by south-bound travelling customers to reach the site. Given the distance to access the subject site from the aforementioned roads, it is considered unlikely that they will be utilised for the purpose of access to the site.
15 The crossover has been relocated to the southern boundary of the site and a Right of Carriage way will be secured across the front of the property as per the recently endorsed Local Planning Policy LP.13 - Albany Highway Access Network Policy. When Lot 55, 27A River Road is developed, a Right of Carriageway will be secured across the front of the property that will link up to Liege Street, therefore further reducing the potential of the ‘rat-run’ discussed above.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Waste Management
16 The Applicant has advised the City that waste management will be undertaken twice a week for recycling and four times a week for general waste. In addition, the Traffic Impact Assessment (Attachment 4) notes that waste collection will occur outside of the businesses peak operating hours to allow for minimal disruption of onsite vehicle movements when the truck is accessing the site. It is noted that a waste collection truck is able to access the site and maintain counter-clockwise vehicle access for visitors while waste collection is being undertaken. A Waste Management Plan (WMP) has been submitted by the Applicant (Attachment 5). Whilst the WMP does not provide sufficient details in respect to matters such as the frequency of collection, which the Applicant has provided through separate correspondence, the City’s Officers are satisfied that the development is capable of providing adequate waste management. To ensure adequate waste management for the development, a condition requiring the submission of an amended WMP is included in the above Officer Recommendation section. Signage
17 The Development Application proposes advertising signs that include a number of variations to the standard requirements of the City’s Local Planning Policy LP.07 - Advertising Signs (Policy LP.07). This includes four wall signs in lieu of two, and a proposed pylon sign width of 3.3 metres in lieu of 2.5 metres and an area of 5.4 metres2 in lieu 5 metres2. It is noted that the proposed signage is similar in nature to other fast food outlets and commercial properties along Albany Highway and the majority of signage is attached to the building which is adequately setback from Albany Highway. Accordingly, it is considered that the proposed variations to Policy LP.07 are considered to be minor in nature and are supported. Main Roads WA has also supported the signs, subject to imposing conditional requirements to restrict illumination. A condition to this effect has been included in the above Officer Recommendation section. Submissions received from Neighbours and Other Agencies
18 The following Consultation section 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
19 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’).
20 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 applications to 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 undertaken 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.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 c) Clause 67 of the Deemed Provisions identifies matters that the Local Government is to have in regard to a number of considerations when making a decision. The above Details section provides commentary in respect to the relevant planning considerations.
21 A copy of the LPS Regulations 2015 is available to download from the City’s Planning Services webpage. City of Canning Town Planning Scheme No. 40
22 The subject land is zoned Service Commercial under the City’s Town Planning Scheme No. 40 (‘Scheme’). 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 Residential zone, subject to appropriate assessment and determination.
23 The proposed development/use is classed as a Fast Food Outlet land use, which is defined under Part 6 of the City’s Scheme to mean: “Premises, including premises with a facility for drive-through service, used for the preparation, sale and serving of food to customers in a form ready to be eaten – “(a) without further preparation; and (b) primarily off the premises.”
24 Table 3 ‘Zone Table’ of the City’s Scheme designates that a Community Purpose land use is an ‘A’ use on Residential zoned land. In accordance with Subclause 3.3.2 of the City’s Scheme an ‘A’ land use means: “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.”
25 Copies of the City’s local planning policies are available to download from the City’s Planning Services webpage. City of Canning Delegation of Authority – Council to the City’s CEO and Employees
26 In accordance with the City’s Delegation No. 213 ‘Development Approval’, as valid objections have been received on this Development Application the City’s Officers do not have authorisation to make a determination. Therefore, this Development Application is presented to Council for determination. Policy Implications
27 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 Advertising of Planning Proposals. b) Local Planning Policy SRS238 – Albany Highway Policy Plan, and Local Planning Policy LP.13 - Albany Highway Access Network Policy, which was endorsed by Council in October 2019 and will replace Policy SRS238 when the City’s new Local Planning Scheme No. 42 comes into effect in the near future. c) Local Planning Policy LP.07 – Advertising Signs. d) Local Planning Policy LP.09 – Tree Retention and Planting.
28 Copies of the City’s local planning policies are available to download from the City’s Planning Services webpage. Financial Considerations Business Plan
29 The processing of development applications is a core service provided by the City of Canning Statutory Planning team.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Internal Budget
30 Not applicable. Asset Management
31 Not applicable. Sustainability Considerations
32 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: 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 sustainable design measures including a flat roof for the ability of roof-top solar and appropriate areas for improved landscaping.
Consultation Public Consultation
33 The proposed development was advertised to affected landowners and occupiers, in accordance with Subclauses 64(1) and (3) of the Deemed Provisions and the City’s Policy LP.02. The consultation requirements under Policy LP.02 designate a minimum radius of 200 metres and duration of 21 days for advertising in relation to the subject proposed development. Additionally, notification was required to be placed on the City’s website.
34 As a result of the public consultation, the City received a total of 51 submissions from landowners and occupiers, comprising of 30 ‘No Objections’, 20 ‘Objections’ and ‘1’ Submission. 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 7). Full copies of submissions are available to Elected Members on request.
35 The following table outlines the main reasons for objection and corresponding comments from the City’s Officers. Comments from the Applicant in respect to these main objection reasons are provided as an attachment (refer to Attachment 8). Submitter’s Main Objection Reasons Officer’s Comments
a) The development is not compatible with36 the The proposed development is similar in intensity to subject Service Commercial zone. other commercial development which directly adjoins Albany Highway and the nature of the business operations requires good vehicular access and a large site. Accordingly, it is considered that Fast Food Outlet is an appropriate use within the Service Commercial zone. b) The development will impact on the amenity It is considered that the noise emissions from the Fast of surrounding Residential properties due to Food Outlet will not negatively impact on the amenity the hours of operation and resultant noise. of the surrounding residential and commercial properties. The Applicant has submitted an Acoustic Report which has been reviewed and is considered to be satisfactory by the City’s Officers. The report states the development will achieve full compliance with the Environmental Protection (Noise) Regulations 1997.
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Submitter’s Main Objection Reasons Officer’s Comments
In addition, a condition has been included in the Officer Recommendation section which requires an acoustic fence to a height of 2 metres to be installed along the full length of the south-western boundary and a 33.6 metres extent along the north-western boundary; adjoining the residential properties. c) Odour emissions from the development will It is considered that odour emissions from the Fast negatively impact on the amenity of Food Outlet will not negatively impact on the amenity adjoining/surrounding residential properties. of the surrounding residential and commercial properties. The Applicant has submitted a supporting Odour Assessment Report which has been reviewed and is considered to be satisfactory by the City’s Officers. The Odour Assessment Report contains recommendations that will mitigate odour emissions. A condition requiring the implementation of the recommendations from this Odour Assessment Report has been included in the Officer Recommendation section. d) The development will have a negative impact37 It is considered that the Fast Food Outlet will not on traffic safety in the surrounding area, as it negatively impact on traffic safety in the surrounding will result in Woodloes Street and area, including the surrounding residential streets surrounding residential streets for the use of located south-west of the property. The Applicant has access to the site. submitted a supporting Traffic Impact Assessment which has been reviewed and is considered to be satisfactory by the City’s Officers. In addition, Main Roads WA confirmed that they have no objection to the proposal subject to the implantation of conditions in the Officer Recommendation section. Consultation with Other Authorities
38 The development site abuts land (Albany Highway) which is reserved as Primary Regional Road (PRR) under the Metropolitan Region Scheme. The WAPC Instrument of Delegation 2017/02 (Del. 2017/02) plan SP 694 identifies that this portion of PRR is a Category 1 road and the development proposal is of a type that requires referral to Main Roads WA. The Development Application was subsequently referred to the Main Roads WA in accordance with Del 2017/02 and Clause 66 of the Deemed Provisions.
39 In their response, Main Roads WA confirmed that they have no objection to the proposal subject to the imposition of requirements relating to illuminated signage being applied by the City. An appropriate condition is included in the above Officer Recommendation section.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 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. The City has Possible received reports concerns / Officer from the complaints from Recommendation Applicant advising the adjoining supported by the that traffic, noise, Medium and nearby Possible Moderate Council (negative odour and waste residents (Risk) outcomes) 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 have undertaken Should the an assessment of Council choose the proposal in Officer to refuse the accordance with Recommendation application, the Medium the planning Likely Minor declined by Council Applicant could framework and (Risk) exercise their Risk D are of the view right of appeal the proposal is to the SAT. consistent with this framework.
40 If the Applicant or Owner is aggrieved by the City’s determination, there is a right of review by the State Administrative Tribunal, 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.
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41 In this respect, the Applicant may lodge an application for review if the Development Application is refused by the City, or if they wish to seek an amendment to a condition of development approval. COMMENT
42 It is considered that the development addresses the relevant matters for consideration and the aims and provisions of the City’s Scheme; including the objectives of the Service Commercial zone as listed in Table 2 of the City’s Scheme, and the provisions of Part 4 General Development Requirements and Clause 4.18 Commercial Zone Development Requirements. Of note: a) The proposed development is similar in intensity to other commercial development which directly adjoins Albany Highway. In addition, the subject land is strategically located on Albany Highway in close proximity to the City Centre. b) The Applicant has provided a Traffic Impact Assessment to the satisfaction of the City’s Officers. It is considered that the proposal will have not have a detrimental impact on the surrounding Residential and Commercial properties in respect to traffic generation and safety. In addition, Main Roads WA has confirmed that they have no objection to the proposal subject to imposing conditions relating to illuminated signage. A condition to this effect is included in the Officer Recommendation section of this report. 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. A condition providing for appropriate opening hours has been included in the Officer Recommendation section of this report. d) The Applicant has provided an Odour Report to the satisfaction of the City’s Officers. Accordingly, a condition to implement the recommendations of the Odour Report has been included in the Officer Recommendation section of this report.
43 It is recommended that Council approves the development, subject to the conditions listed in the Officer Recommendation. VOTING REQUIREMENT
44 Simple majority. AGENDA BRIEFING COMMENT
45 New Condition ‘O’ provides for rights-of-carriageway (public access) easements to be secured over Lot 1 on Diagram 50338 and adjoining Lot 55 on Plan 2188, in accordance with the City’s Local Planning Policy LP.13 - Albany Highway Access Network Policy. The legal agreement enables the condition requirements (parts a and b above) to be deferred until works are undertaken to modify the River Road cul-de-sac head and accommodate the right of carriageway connection from Lot 55 on Plan 2188 across the River Road road reserve to Lot 705 on Deposited Plan 26297, in accordance to the City’s Local Planning Policy LP.13 – Albany Highway Access Network.
46 The City’s Officers have contacted the land owner of Lot 55, who has agreed to enter into a legal agreement with the City to this effect.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
13.4 Director Canning Environment EN-006-20 Shelley East - Retrospective Underground Power (RUP)
PROGRAM: Canning Environment SUB PROGRAM: Build Canning FILE REF: Q20/155 REPORT DATE: 16 April 2020 REPORTING OFFICER: Anna Scantlebury - Project Leader 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: 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. City of Canning - Shelley East - Boundary Map (D20/41340).
In Brief: This item is presented to Council at this time because it directly deals with the impacts of the current pandemic on local residents. Shelley East was nominated to be part of Round Six of the State Underground Power Program (SUPP), but was unsuccessful. Western Power have presented the City of Canning (the City) with a Retrospective Underground Power (RUP) offer for Shelley East, to take advantage of project synergies including cost advantages with the endorsed Shelley West SUPP in the adjacent area. A Strategic Issues Briefing on Tuesday, 1 October 2019 was held to advise Council of the Shelley East RUP offer and the requirement for a re-survey of the Shelley East area, as the costs were notably higher than those proposed during the survey circa 2016 for the Round Six SUPP. The purpose of this report is to inform Council of the outcomes of the survey and seek Council endorsement for the Shelley East RUP project to proceed to the next stage of planning. Since making the decision to proceed with the Shelley West SUPP in March 2020, significant economic impacts in relation to the Novel Coronavirus (COVID-19) have been felt across the world. In light of this, and prior to determining to proceed with Shelley East RUP, Council is also requested to consider alternative funding and cost recovery options. Subject to Council support, further resolution and funding, the Shelley East RUP project will follow on from the Shelley West SUPP (which will be completed mid-2021) and will take approximately 12 months to complete.
At 8.21pm, the Director Canning Environment advised that Ms Anna Scantlebury - Project Leader, Transform Canning, was available to provide comment via electronic means if required by Elected Members
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EN-006-20 COUNCIL DECISION MOVED Cr Kunze , SECONDED Cr Spencer-Teo, that Council: 1. Resolves to proceed with the Shelley East Retrospective Underground Power project and advise Western Power accordingly. 2. Requests the Chief Executive Officer to liaise with Western Power in relation to the deferral of the City’s cash calls associated with the Shelley East Retrospective Underground Power project and to report back to Council on cost recovery options, once more accurate estimates of the service charges are known. 3. Requests the Chief Executive Officer to advise property owners within the Shelley East Retrospective Underground Power area by letter, that the project will proceed to the next stage of planning, and of the applicable rebates for Seniors and Pensioners as detailed in this report. CARRIED UNANIMOUSLY 11/0
Relevant Council Resolutions
Council Meeting and Date Report No Decision That Council: 1. Nominates the areas of Shelley East, Shelley West and Wilson North to be submitted to Tenders WA for Round 6 major residential projects of the State Underground Power Program with a nominated 60% funding contribution by the City. 2. Nominates the Cannington area to be submitted to Tenders WA for Round 6 major residential projects of the State Underground Power Program with a 50% funding contribution. 3. Authorises the Chief Executive Officer to write to the Minister for Energy requesting that should the Shelley West or Shelley East project areas proceed then OCM 19 April 2016 IE-018-16 strong consideration should be given to completing the projects jointly. 4. Authorises the Chief Executive Officer to write to the Minister for Energy requesting that the Wilson North project area be given special consideration as it was a segregated small pocket unable to be considered as part of the previously completed Wilson East project area. 5. Receives a report detailing the proposed funding model should any of the nominations be successful. 6. Requests that Officers bring a further report to Council after Round 6 is announced on how to consider more equitable allocation of underground power to the City of Canning residents.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 BACKGROUND
1 At the Ordinary Council Meeting held on 19 April 2016, Council nominated the areas of Shelley East, Shelley West and Wilson North to be submitted to Tenders WA, for Round Six major residential projects of the State Underground Power Program (SUPP) with a nominated 60% funding contribution by the City of Canning (the City).
2 Shelley East was unsuccessful as part of the Round Six selection process. However, Western Power has subsequently offered the City Shelley East as a Retrospective Underground Power (RUP) project. The Shelley East RUP takes advantage of the endorsed Shelley West SUPP in the adjacent area and the cost synergies with continuing the project into Shelley East. Attachment 1 of this report shows a map of the ‘Shelley East RUP Boundary’.
DETAILS
3 A Strategic Issues Briefing on 1 October 2019 was held to explain the Retrospective Underground Power offer from Western Power. Elected Members were advised that the City would conduct a re-survey of the Shelley East property owners, due to the change in costs per property from $4,977 in 2016 when the project was first considered.
4 The following questions, shown in Figure 1 below, were sent out to the 793 Shelley East property owners on 6 January 2020 as part of the recent survey.
Figure 1 – Shelley East RUP Survey Questions
5 The survey closed on 14 February 2020, data received was collated and the City received the report on Friday, 28 February 2020. Out of the 793 property owners who were sent the survey, 347 (43.76%) responded.
6 Of these 347 property owners, 263 (75.8%) were in favour of underground power in the area (refer Question 1 of Figure 1), and 240 (69.2%) were in favour of paying on average, $7,500 for a typical single residential property (refer Question 2 of Figure 1).
7 Of the 240 property owners who supported the project, the preferred payment option was split with 50.8% indicating they would like to pay upfront, and 49.2% indicating they would like to pay by instalments over a period of 10 years (refer Question 3 of Figure 1).
8 Of the 81 property owners who did not support the project, a majority (70.2%) indicated they would pay by instalments over a period of 10 years, and 8.7% indicated they would pay upfront. The remaining 21.2% did not respond.
9 On the 16 March 2020, the City received an initial estimate of $5,688,298 (excluding GST) from Western Power for the overall Shelley East RUP. This is equivalent to $7,173.14 per property when divided by the 793 property owners surveyed.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
10 Subject to Council endorsement to proceed with the Shelley East RUP, Western Power will produce a detailed design and a Detailed E10 estimate, which will give the City a greater level of confidence in the overall cost estimates for the Shelley East RUP and the likely charges per property within the project area. This will then be referred to Council for final endorsement to proceed with the Shelley East RUP.
11 It is likely the proposed charging structure for the different types of property connections within the Shelley East RUP project area will be similar to those charged in the Shelley West SUPP project area.
12 As per previous underground power projects, eligible pensioners and seniors are entitled to rebates on underground electricity charges as determined by the State Government, as per the guidelines set out below: a) Holders of a Pensioner Concession Card, State Concession Card or a Commonwealth Seniors Health Card WITH a WA Seniors Card, will be entitled to receive either up to 50% rebate or full deferral on underground electricity charges. b) Holders of a WA Seniors Card, who do not hold a Commonwealth Seniors Health Card, will be entitled to receive a single $100 rebate on underground electricity charges for the first year only of the scheme.
CONSIDERATIONS
Legal Compliance
13 In accordance with Local Government Act 1995 section 6.38 (4) (a), a local government may raise a service charge to meet the cost of the provision of underground power services.
Policy Implications
14 Not applicable.
Financial Considerations
Business Plan
15 Subject to Council endorsement of the Officer Recommendation, the City will send a letter to property owners in the Shelley East area to confirm that the Shelley East RUP will be proceeding to the next stage of the project. Further, the Chief Executive Officer is to advise with Western Power regarding the City’s commitment to the project and discuss the deferral of the City’s cash calls associated with the Shelley East RUP and to report back to Council on cost recovery options.
Internal Budget
16 In deciding whether to proceed with the Shelley East RUP, it is important that Council consider the financial impost of a likely >$7,000 service charge on property owners and their ability to pay in these constrained economic times, primarily due to COVID-19. In light of this, it is suggested that in addition to the ability to repay the service charges over a 10 year period, that the levying of the first service charges be deferred by 12 months - in effect enabling property owners to repay their service charges over an 11 year period.
17 Recent discussions between City Officers and Western Power have arrived at a shared view as to the need to progress Shelley East and similar underground power projects given their importance as economic stimulus initiatives. Accordingly, Western Power is seeking an endorsement from Council to this effect to progress the project planning.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
18 In light of these discussions, and with the aim of offsetting any additional financial impost on the City, it is recommended that the City further negotiate with Western Power to achieve a deferral in the cash calls associated with the City’s obligations to repay its contribution to the Shelley East RUP. Such deferral, if approved, would align to the aforementioned proposed delayed levying on property owners of the service charges.
Asset Management
19 Existing trees along the verge currently require maintenance to ensure there is clearance with the overhead power lines, as per Western Power requirements. There would need to be a transitional maintenance plan put in place to ensure structural integrity of the trees is maintained, whilst allowing for canopy transition from current maintenance practices. This will allow the trees to adequately adapt and ensure safe growth in the future. The transitional maintenance plan would depend on the tree species and characteristics and would take approximately 18 months. However, after this period the City should incur progressively less maintenance costs associated with trees previously growing under power lines within the project area.
Sustainability Considerations
20 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.
21 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) Policy Commitment 1 ‘A commitment to innovation, leadership and continual improvement’. b) Policy Commitment 3 ‘A commitment to responsible resource management and impact reduction’. c) Policy Commitment 4 ‘A commitment to climate responsive urban development’.
22 By progressing with underground power works throughout the City, the power network in the area benefits from improved reliability and the streets benefit by creating more verge space for tree canopies in line with the Urban Forest Strategy. There is also the benefit of the upgraded LED lighting, which is more energy efficient and the light disperses and distributes more precisely on the road enhancing safety for road reserve users.
Consultation
23 Subject to Council endorsement, a Communications Plan will be developed for the Shelley East RUP. The Communications Plan will include the following actions to advise and engage with the relevant stakeholders: a) Letter to Shelley East chargeable property owners to confirm Shelley East RUP will be progressing to the next stage of planning. b) Add a FAQ page on the City’s website early 2021 for City residents, also for the City’s Contact Centre to direct people with queries. c) Memo to Elected Members to advise of Detailed E10 Estimate Package when received from Western Power. d) A report to Council seeking final endorsement of property charging structure, cost recovery and funding methodology, for Shelley East RUP. e) Face to face meetings with special stakeholders and charities to outline RUP timeline and applicable charges. f) Letter to Shelley East chargeable property owners to be sent to advise of key RUP dates and upcoming charges in relevant rates notice.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 g) Local paper advertising, eNewletters, the City’s website and social media releases. h) Rates notice to be sent out as part of the relevant financial year once chargeable property owners have advised their payment method.
Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Proceed with the Shelley East RUP Communicate undergrounding the Shelley East Officer works, to RUP project Recommendation following on from with the approved by the Shelley West High chargeable Likely Moderate Council (positive SUPP. Allows (Opportunity) property outcomes) another area owners and the Opportunity A within the City to City’s be converted to community. underground power. Send out a letter to chargeable Possible calls and property Officer emails from owners Recommendation property owners outlining the approved by the Councils Medium who did not Possible Minor Council (negative support the decision for (Risk) outcomes) Shelley East RUP Shelley East Risk B as to why the City RUP, including a is proceeding. summary of the approval rating from the survey sent out.
Offer from Advise Western Western Power Officer Power that may expire and Recommendation Council has opportunity to Medium deferred by the deferred and Unlikely Significant proceed with (Risk) Council ask if an Shelley East RUP Risk C extension is will be no longer possible. be an option. Send out a letter to Possible enquiries chargeable Officer from property property Recommendation owners who owners Medium declined by the supported the Possible Moderate outlining the (Risk) Council Shelley East RUP Councils Risk D as to why the City decision for is not proceeding. Shelley East RUP.
COMMENT
24 The opportunity presented by Western Power to the City to progress the Shelley East RUP and the unique project synergies that afford significant benefit to the City and its ratepayers need to be given strong consideration; even in the context of the economic challenges presented to all Australians at this time by COVID-19.
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25 Together, the Shelley (East and West) underground power projects total over $13 million worth of local infrastructure investment, which provides certainty for contractors, sub-contractors and suppliers in these uncertain economic times. Through Council support, these projects provide jobs whilst delivering significant environmental and economic benefits for the City and its ratepayers.
26 The Officer Recommendation is for Council to resolve to proceed with the Shelley East RUP and advise Western Power accordingly. Furthermore, it is recommended the Chief Executive Officer liaise with Western Power in relation to the potential deferral of the City’s cash calls associated with the project, and to report back to Council on cost recovery options once more accurate estimates of the service charges are known.
VOTING REQUIREMENT
27 Simple majority.
AGENDA BRIEFING COMMENT 28 Nil.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
EN-007-20 St James - Network Renewal Underground Program Pilot (NRUPP)
PROGRAM: Canning Environment SUB PROGRAM: Build Canning FILE REF: Q20/156 REPORT DATE: 16 April 2020 REPORTING OFFICER: Anna Scantlebury - Project Leader 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: 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. City of Canning - St James NRUPP - Boundary Map (D20/41342).
In Brief: This item is presented to Council at this time because it directly deals with the impacts of the current pandemic on local residents. The City of Canning (the City) was selected, along with the Town of Victoria Park to be offered an area in Western Power’s Network Renewal Underground Pilot Program (NRUPP). The area selected by Western Power in the City was the suburb of St James. A Strategic Issues Briefing was held on Tuesday, 3 March 2020 to advise Elected Members of the NRUPP. The purpose of this report is to seek Council endorsement to proceed with the St James NRUPP and to advise Western Power and the Town of Victoria Park accordingly. Since being briefed on the NRUPP, significant economic impacts in relation to the Novel Coronavirus (COVID-19) have been felt across the world. In light of this, and prior to determining to proceed with the St James NRUPP, Council is also requested to support alternative funding and cost recovery options being discussed with Western Power. Subject to Council support, further resolution and funding, the St James NRUPP could be undertaken between November 2020 and April 2021.
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EN-007-20 COUNCIL DECISION MOVED Cr Holland, SECONDED Cr Barry, that Council: 1. Resolves to proceed with the St James Network Renewal Underground Pilot Program and advise Western Power and the Town of Victoria Park accordingly. 2. Requests the Chief Executive Officer to liaise with Western Power in relation to the deferral of City’s cash calls associated with the St James Network Renewal Underground Pilot Program and to report back to Council on cost recovery options. 3. Endorses the proposed charging methodology for the St James Network Renewal Underground Pilot Program as recommended by Western Power, and referenced in this report, for properties within the project area. CARRIED UNANIMOUSLY 11/0
Relevant Council Resolutions
Council Meeting and Date Report No Decision
Not applicable.
BACKGROUND
1 On the 18 February 2020, the Minister for Energy announced the trial of a new funding model by Western Power to enable the upgrade of sections of their overhead electricity distribution network in specific areas where significant capital works are required.
2 Western Power identified four specific areas and approached five Local Governments for their Network Renewal Underground Pilot Program (NRUPP) being: a) Eden Hill (Town of Bassendean). b) Scarborough (City of Stirling). c) Hilton (City of Fremantle). d) St James (City of Canning and Town of Victoria Park).
3 The City of Canning’s (the City) section of St James as delineated in the ‘St James NRUPP Boundary Map’ is included as Attachment 1 of this report.
DETAILS
4 A Strategic Issues Briefing was held on 3 March 2020 to outline to Council the Western Power Network Renewal Underground Pilot Program.
5 The current selection process for the State Underground Power Program (SUPP) ranks areas nominated by the Local Government’s based on the approval rating derived from property owners within the area, the nominated Local Government contributions (between 50-90%), and the State Government contributes the remaining funding for the project.
6 The Retrospective Undergrounding Projects (RUP) are similar to the SUPP, in that the area is nominated by the Local Government’s and the approval rating from the property owners in the area is used to access community acceptance, but the projects are fully funded by Local Government.
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7 The NRUPP projects however, are a new approach to underground power through asset renewal. Wester Power’s Grid Transformation team determines an NRUPP project boundary (which is not determined by Local Government boundaries, as it is for SUPP and RUP), with areas of the network selected that require significant maintenance and upgrades to the overhead assets. Western Power select these areas by considering the next 50 year period, to both maintain the security of the network and allowing for future technologies and network capabilities. The evaluation for NRUPP uses a risk and opportunity profile for the selection process.
8 For NRUPP, Western Power covers the cost of the network infrastructure costs up to the pillar (verge green dome), whilst the underground consumer mains costs (from pillar to house) are covered by the Local Government and in turn the property owners.
9 As the St James NRUPP project would be in conjunction with the Town of Victoria Park, an agreed communications strategy between the Town of Victoria Park and the City will ensure an essential uniform message to the St James property owners. However, the information supplied to the relevant property owners would be presented differently by each local government on their websites and in their direct communication to allow the City and the Town of Victoria Park to outline their different payment options to their relevant property owners.
10 The current projected project start date from Western Power for St James NRUPP is between November 2020 and April 2021.
11 The City has been advised by Western Power that only properties that require the undergrounding of power from within the property boundary to the relevant dwelling will incur the service charges and that such charges will likely be in the order of $1,500 to $2,500. If a property has an existing underground connection to the dwelling (from a unipillar or service pole within the property boundary) where such is serviced by the current overhead network, they are not required to contribute to the project.
12 As per previous underground power projects, eligible pensioners and seniors are entitled to rebates on underground electricity charges as determined by the State Government, as per the guidelines set out below: a) Holders of a Pensioner Concession Card, State Concession Card or a Commonwealth Seniors Health Card WITH a WA Seniors Card, will be entitled to receive either up to 50% rebate or full deferral on underground electricity charges. b) Holders of a WA Seniors Card, who do not hold a Commonwealth Seniors Health Card, will be entitled to receive a single $100 rebate on underground electricity charges for the first year only of the scheme.
CONSIDERATIONS
Legal Compliance
13 In accordance with Local Government Act 1995 section 6.38 (4) (a), a local government may raise a service charge to meet the cost of the provision of underground power services.
Policy Implications
14 Not applicable.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020 Financial Considerations
Business Plan
15 Subject to Council endorsement, the Chief Executive Officer is to advise Western Power and the Town of Victoria Park of the City’s commitment to the project, and discuss the deferral of the City’s cash calls associated with the St James NRUPP and to report back to Council on cost recovery options.
Internal Budget
16 In deciding whether to proceed with the St James NRUPP, it is important that Council consider the financial impost of a likely >$2,000 service charge on property owners and their ability to pay in these constrained economic times, primarily due to COVID-19. In light of this, it is suggested that in addition to the ability to repay the service charges over a 10 year period, that the first service charges be deferred by six to 12 months – in effect enabling ratepayers to repay their service charges over an 11 year period.
17 Recent discussions between City Officers and Western Power have arrived at a shared view as to the need to progress the St James NRUPP and similar underground power projects given their importance as economic stimulus initiatives. Accordingly, Western Power is seeking an endorsement from Council to this effect to progress the project.
18 In light of these discussions, and with the aim of offsetting any additional financial impost on the City, it is recommended that the City further negotiate with Western Power to achieve a deferral in the cash calls associated with the City’s obligations to repay its contribution to the St James NRUPP. Such deferral, if approved, would align to the aforementioned proposed delayed levying on property owners of the service charges.
Asset Management
19 Existing trees along the verge currently require maintenance to ensure there is clearance with the overhead power lines as per Western Power requirement. There would need to be a transitional maintenance plan put in place to ensure structural integrity of the trees is maintained, whilst allowing for canopy transition from current maintenance practices. This will allow the trees to adequately adapt and ensure safe growth in the future. The transitional maintenance plan would depend on the tree species and characteristics and would take approximately 18 months. However, after this period the City should incur progressively less maintenance costs associated with trees previously growing under power lines within the project area.
Sustainability Considerations
20 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.
21 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) Policy Commitment 1 ‘A commitment to innovation, leadership and continual improvement’; b) Policy Commitment 3 ‘A commitment to responsible resource management and impact reduction’; and c) Policy Commitment 4 ‘A commitment to climate responsive urban development’.
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22 By progressing with underground power works throughout the City, the power network in the area benefits from improved reliability and the streets benefit by creating more verge space for tree canopies in line with the Urban Forest Strategy. There is also the benefit of the upgraded LED lighting which is more energy efficient and the light disperses and distributes more precisely on the road enhancing safety for road reserve users.
Consultation
23 It is important to note that there has been no direct engagement in relation to the NRUPP with St James property owners.
24 Subject to Council endorsement, a Communications Plan will be developed in conjunction with the Town of Victoria Park for the St James NRUPP. The Communications Plan will include the following actions to advise and engage with the relevant stakeholders: a) A letter to St James chargeable property owners to advise them of the St James NRUPP, with estimated timeline and the estimated contribution required. The letter will also detail an information session to be held for property owners. b) A FAQ page on the City’s website mid-2020 for City residents, where the City’s Contact Centre can direct residents with queries to the website. c) A report to Council to advise of the finalised cost for property owners of the St James NRUPP for endorsement. d) A letter to St James chargeable property owners to advise of key NRUPP dates and upcoming charges in their relevant rates notice. e) Local paper advertising, eNewletters, the City’s website and social media releases. f) Rates notices to chargeable property owners once they have advised their payment method.
Other Considerations or Risks Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Proceed with the St James NRUPP undergrounding Communicate works, to be the St James Officer delivered at the NRUPP project Recommendation same time as with the approved by the Shelley West SUP High chargeable Likely Moderate Council (positive and Shelley East (Opportunity) property outcomes) RUP. Allows owners and the Opportunity A another area City’s within the City to community. be converted to underground power. Send out a Possible calls and letter to Officer emails from chargeable Recommendation property owners property approved by the owners Medium who do not Possible Minor Council (negative support the St outlining the (Risk) outcomes) James NRUPP Councils Risk B asking why the decision for City is proceeding. St James NRUPP including FAQs.
Officer Offer from Advise Western High Recommendation Possible Significant Western Power Power that (Risk) deferred by the may expire and Council has
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Mitigation/ Consequence Consequence Overall Risk/ Risk/ Opportunity Consequences X = Actions Likelihood Rating Opportunity Council opportunity to deferred and Risk C proceed with ask if an St James NRUPP extension is will be no longer possible. be an option. This decision will also impact Town of Victoria Park and their property owners within the St James area. This decision will impact the Town Advise Western Officer of Victoria Park Power and the Recommendation who are in favour Town of High declined by the of the project and Possible Significant Victoria Park of (Risk) Council their property Council Risk D owners within the decision. St James area as it is a joint project.
COMMENT
25 The opportunity presented by Western Power to the City to enable the undergrounding of electrical infrastructure as part of the St James NRUPP is significant, and City Officers recommend that Council resolve to support the project.
26 The relatively minor cost (when compared to other underground power programs) and proposed options for property owners to pay the service charges over a 10 year period, provide an affordable option, even in the context of the economic challenges presented to all Australians at this time by COVID-19.
27 When the St James NRUPP is combined with the Shelley (East and West) underground power projects, the total value of the projects exceeds $23 million worth of local infrastructure investment, which provides certainty for contractors, sub-contractors and suppliers in these uncertain economic times. Through Council support, these projects provide jobs whilst delivering significant environmental and economic benefits for the City and its ratepayers.
28 The Officer Recommendation is for Council to endorse the proposed St James NRUPP, and the Chief Executive Officer would advise Western Power and the Town of Victoria Park accordingly. This would enable the City to proceed with the proposed communication strategy, whereby the City of Canning and the Town of Victoria Park have a united message to the St James properties owners regarding the NRUPP project itself. Whilst the communications are being rolled out, the Chief Executive Officer will negotiate cash call deferrals with Western Power and develop cost recovery options that will be further reported to Council for consideration.
VOTING REQUIREMENT
29 Simple majority.
AGENDA BRIEFING COMMENT
30 Nil.
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UNCONFIRMED MINUTES OF THE ORDINARY COUNCIL MEETING 21 APRIL 2020
14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN Nil.
15. URGENT BUSINESS Nil.
16. CONFIDENTIAL MATTERS Nil.
17. CLOSURE There being no further business, the Mayor declared the Meeting closed at 8.32pm.
I certify that these Minutes were confirmed at the Ordinary Council Meeting held on 19 May 2020 as a true and correct record of proceedings. Presiding Member: Patrick Hall, Mayor
Date:
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