2019 04 30A.Pdf

BUSINESS

1. Opening

2. Attendance

3. Public Question Time

4. Petitions

5. Deputations

6. Applications for Leave of Absence

7. Confirmation of Minutes

Ordinary Meeting of Council 26 March 2019

8. Announcements by the Mayor without Discussion

9. Committee Reports

9.1 Development Committee 16 April 2019 9.2 Community and Resources Committee 15 April 2019 9.3 Audit Committee 17 April 2019

10. Council Reports

10.1 Floreat Beach Kiosk and Associated Public Amenities Concept Design - Staged Approach 10.2 Monthly Financial Statements, Review and Variances - March 2019

11. Urgent Business

12. Motions of Which Notice has been Given

12.1 Mayor Shannon - Engagement of Mills Oakley - CEO Employment Contract 12.2 Cr Nelson - Speed Limit Trial in Wembley Activity Centre - Marlow Street to Pangbourne Street

13. Confidential Reports

14. Closure

Visitors are reminded that mobile phones should be turned off during Council meetings

DEVELOPMENT COMMITTEE

16 APRIL 2019

ORDER OF BUSINESS

1. DECLARATION OF OPENING

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

3. PUBLIC QUESTION TIME

4. DEPUTATIONS AND PETITIONS

5. CONFIRMATION OF MINUTES

6. DECLARATION OF MEMBERS' INTERESTS

7. REPORTS

DEVELOPMENT

Items to be determined by Committee

DV19.33 Lot 37 (No. 38) Biara Gardens, Mount Claremont - Two-Storey Dwelling 3

Items to be determined by Council

DV19.34 Lot 532 (No. 11) Arbordale Street, Floreat - Carport And Front Fence 11 DV19.35 Lot 77 (No. 23) Orrel Avenue, Floreat - Carport And Modifications To Existing Front Fence 17 DV19.36 Lot 304 (No. 32) Boronia Crescent, City Beach - Front Fence, Swimming Pool And Excavation 24 DV19.37 Lot 135 (No.2) Oceanic Drive, Floreat - Alterations/ Additions To Existing Dwelling (Including Two-Storey Extension) 31 DV19.38 Local Planning Policy 3.13: Parking - Adoption Of Principles To Guide Review 39 DV19.39 Local Law 43: Buildings On Endowment Lands And Limekilns Estate - Outcome Of Review 51 DV19.40 Walking Trail Strategy 2018-2021 - Implementation And Seating Costs - Further Report 60 DV19.41 Draft Heritage Regulations 2019 - Submission 69 DV19.42 Building Permits Approved Under Delegated Authority - March 2019 79

8. CLOSURE

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 1

MINUTES OF THE MEETING OF THE DEVELOPMENT COMMITTEE OF THE TOWN OF CAMBRIDGE HELD AT THE ADMINISTRATION/CIVIC CENTRE, 1 BOLD PARK DRIVE, FLOREAT ON 16 APRIL 2019.

1. DECLARATION OF OPENING

The Presiding Member declared the meeting of the Development Committee open at 6.00 pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present: Time of Time of Entering Leaving

Members:

Mayor Shannon (Presiding Member) 6.00 pm 6.31 pm Cr Ian Everett 6.00 pm 6.31 pm Cr Kate McKerracher 6.00 pm 6.31 pm Cr James Nelson 6.00 pm 6.31 pm Cr Louis Carr (Deputy) 6.00 pm 6.31 pm

Observers:

Cr Rod Bradley

Officers:

Marlaine Lavery, Director Planning and Development Jennifer Heyes, Manager Statutory Planning Christie Downie, Acting Manager Strategic Planning Chris Della Bona, Planning Officer Denise Ribbands, Senior Governance Officer

Members of the Public:

18 persons

Media:

Nil

Adjournments: Nil

Time meeting closed: 6.31 pm

APOLOGIES/LEAVE OF ABSENCE

Apology - John Giorgi JP, A/Chief Executive Officer

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 1 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

3. PUBLIC QUESTION TIME

Nil

4. DEPUTATIONS AND PETITIONS

Nil

5. CONFIRMATION OF MINUTES

Moved by Cr McKerracher, seconded by Cr Everett

That the Minutes of the Ordinary meeting of the Development Committee held on 19 March 2019 as contained in the March 2019 Council Notice Paper be confirmed.

Motion put and CARRIED (5/0)

6. DECLARATION OF MEMBERS' INTERESTS

Nil

7. REPORTS

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 2 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.33 LOT 37 (NO. 38) BIARA GARDENS, MOUNT CLAREMONT - TWO-STOREY DWELLING

SUMMARY:

The purpose of this report is for Council to consider a development application for a two- storey dwelling at Lot 37 (No. 38) Biara Gardens, Mount Claremont.

The application proposes a variation to the deemed-to-comply requirements of Clause 5.1.3 Lot Boundary Setbacks and Clause 5.1.6 Building Height of the R-Codes, as well as Clause 3.1.3 Garage Width of Local Planning Policy 3.1 - Streetscape.

Notwithstanding, it is considered that the extent of the variations are minor and that the application meets the relevant design principles as it is considered that the impact on the established streetscape and adjoining properties proposed by these variations will be negligible.

Accordingly, it is recommended that the application be approved.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes.  Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

DELEGATION:

In accordance with cl9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reason:

• "A submission has been received: o during the advertising period of the development application that objects to the application on valid planning grounds; and o which cannot be addressed by conditions of development approval."

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 3 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

Address/Property Location: Lot 37 (No. 38) Biara Gardens, Mount Claremont. Report Date: 20 March 2019 File Reference: DA18/0401 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Ryan Munyard, A/Manager Development Assessment Contributing Officer: Chris Della Bona, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Location/Aerial Plans (1 page) 2. Annotated Plans (Over Height Wall Portions) (1 page) 3. Development application plans (4 pages) 4. Applicant's Justification (4 pages) 5. Schedule of submissions (1 page)

Applicant: Broadway Homes Pty Ltd Owner: Ashleigh Holt Zoning: Residential R30 Precinct: P1: City Beach Development Description: Two-storey Dwelling Development Value: $455,430.91 Existing Land Use: Nil - vacant site Proposed Use Class: Dwelling (Single) - 'P' (Permitted) Lot/Land Area: 418 square metres Heritage Listing: No Application Received Date: 24 December 2019 Application Process Days: 113 Days

DETAILS:

Development description

A development application for the subject site was submitted on 24 December 2018. The applicant subsequently provided amended plans to the Town on 19 February 2019 and again on 6 March 2019 to reduce the building height and remove a lot boundary setback variation.

The subject site is located within the St John's Wood Estate, in a block bound by Biara Gardens to the north, east, south, and west. The site is currently vacant, as it was created as a result of the estate subdivision. The Biara Gardens streetscape consists predominately of complete, or near complete two-storey dwellings with double garages.

The development application proposes the following:

• A four bedroom, two bathroom, two-storey dwelling with a maximum wall height of 6.4 metres for a portion of the dwelling, in lieu of the 6 metre deemed-to-comply wall height requirement. • A double garage that is 6.1 metres wide, in lieu of the 6 metres deemed-to-comply requirement.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 4 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Community Consultation

The application was advertised for a period of 14 days, from 22 February 2019 to 8 March 2019, in accordance with Local Planning Policy 2.3 - Public Notification of Planning Proposals.

One submission was received during the advertising period raising objection to the proposed wall height. The table below provides a summary of the comments and issues raised during the community consultation process and an Officer technical response. A full schedule of submissions is attached to this agenda.

Summary of Comments Received Officer Technical Comment The wall height being 0.6 metres higher The Applicant has provided amended plans than the requirement for a portion of the which reduced the overall height of the dwelling, and 0.2 metres higher than the dwelling to meet the deemed-to-comply requirement for remainder of the dwelling. requirements.

One portion of the wall however remains higher than the 6 metres requirement, at a height of 6.4 metres.

It is considered the proposal meets the relevant design principles as outlined in the statutory assessment below.

Applicant's justification

The Applicant has provided justification in support of the proposed variations to the relevant deemed-to-comply provisions. A summary of that justification is included as an attachment to this report.

Statutory Assessment

State Planning Policy 3.1 - Residential Design Codes (R-Codes)

The proposed dwelling meets all relevant deemed-to-comply requirements of the R-Codes with the exception of those identified in the following tables.

5.1.3 Lot boundary setback Deemed-to-comply Proposed provision West - First Floor 2 metres 1.8 metres Stairs to Bath

Where there is a non-compliance with the deemed-to-comply provisions, the application is required to be considered under design principle 5.1.3 of the R-Codes. An assessment against the design principles is provided below:

• The proposed setback variation to the western lot boundary is considered to be minor (0.2 metres) as it applies to a 6.1 metres portion of the overall western elevation (containing a stairwell and bathroom). Due to the setback of the other portions of this wall, and the resultant articulation that is provided along this overall western elevation, it is considered that the setback variation will not have a detrimental impact, in terms of building bulk on the abutting western property (ie. No.36 Biara Gardens).

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 5 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• Due to the 3.1 metres distance between this proposed wall portion and the upper floor of the existing dwelling on abutting No.36, it is considered that there is sufficient separation between the two buildings to allow for access to direct sun and ventilation to No.36. • There will be no overlooking from habitable rooms into No.36 from this portion of wall as it contains a stairwell and a bathroom (which contains no west facing windows). Accordingly the proposal does not compromise the visual privacy of No.36.

Accordingly, the proposal is considered acceptable from a lot boundary perspective.

Local Planning Policy 3.3 - Building Height

Deemed-to-comply Proposed provision

Wall Height 6 metres 6.4 metres (Those portions of the proposed dwelling that exceed the 6m deemed-to- comply wall height requirement are highlighted on the attached Annotated Plans)

During the public consultation period, concern was raised regarding the over height wall portions. In that regard, the proposed variation is considered to be consistent with the relevant design principles of the R-Codes and LPP3.3 on the basis of the following:

• Due to the north-south configuration of the site, the proposal will not restrict direct solar access to adjoining properties, as any overshadowing will either within the subject allotment or onto the road reserve.

• It is considered that the separation between the proposed dwelling and adjoining properties affords adequate access to sunlight to the abutting lots as listed below:

o There is an approximate 3.1 metres separation between the upper floor of the proposed dwelling and the upper floor of the existing dwelling at No.36 Biara Gardens (the ground floor is a garage parapet wall).

o There is approximately 3.2 metres of separation between the upper floor of No.40 Biara Gardens (the ground floor is a parapet wall) and the upper floor of the proposed dwelling (at its closest point).

• To the south of the subject site, on the opposite side of Biara Gardens, is a Parks and Recreation Reserve. It is noted though that due to the north-south orientation of adjoining properties that also directly face the Reserve, the wall height variation will not inhibit views from those lots. For those adjoining properties that are located at the rear of the subject site (and face north, away from the Reserve), it is noted that they are unlikely to enjoy significant views of the Reserve whether a wall height variation is proposed or not. That is on the basis that the main rear portion of the proposed dwelling (which contains compliant wall height portions and a compliant pitched roof height) blocks any views of the Reserve.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 6 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• The majority of the existing dwellings within the estate area have been approved with wall heights of approximately 6.5 metres as they were determined under the previous iteration of the Building Height Policy, which allowed for that extra 0.5 metres height for walls. On that basis, it is considered the proposed portion of additional wall height is consistent with the predominant wall heights of the St Johns Wood Estate area.

• The application proposes approximately 0.2 metres of excavation near the front of the property, near to where the wall height variation is proposed, in order to reduce the overall height of the dwelling. It is considered that the dwelling responds to the (flat) topography of the site and will result in a development that is consistent with adjoining properties in the street.

Accordingly, the proposal is considered acceptable from a wall height perspective.

Local Planning Policy 3.1 - Streetscape

The proposed front fence meets all deemed-to-comply requirements of Local Planning Policy 3.1 - Streetscape with the exception of those identified in the following table.

cl3.1.3 Garages Deemed-to-comply Proposed provision Garage Width Maximum 50% of street 51% of the property's street frontage (ie. 6 metres) frontage (ie. 6.1 metres)

Where there is a non-compliance with the deemed-to-comply provisions, the application is required to be considered under design principle 5.2.2 of the R-Codes. An assessment against the design principles is provided below:

• The proposed variation is minor (1%) in nature and as such, is not considered to have a detrimental impact on the visual connectivity between the dwelling and the streetscape. The garage door is not considered to dominate the streetscape as it is a "standard" double-width door, and the garage is to be set back an additional 0.7 metres (ie. 4.7 metres in total) more that the deemed-to-comply requirement of 4 metres. • Furthermore as the proposed dwelling is two-storeys, the proposed garage does not dominate the entire frontage of the dwelling as a large habitable portion of the upper floor is to be built over a majority of the dwelling, which increases the level of presentation and passive surveillance to the street.

Accordingly, the proposal is considered acceptable from a garage width perspective.

Other Matters

Verge Tree

The Town has no objection to the removal of the existing verge tree to accommodate the vehicle crossover as it is a relatively immature specimen. The removal would be at the landowner's full cost and would include a replacement planting cost component. The Town would then plant a new replacement tree within the same portion of verge. In the event of Council approval, it is recommended that a condition be impose with respect to that.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 7 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Bushfire

The subject site is located with a bushfire prone area. However, as the lot size is less than the 1,100 square metres threshold prescribed by Schedule 2 of cl78B(1)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 it is exempt from requiring the submission of any bushfire documentation in support of the development application.

There may however, be additional construction requirements at the building permit stage. In the event of Council approval, it is recommended that an advice note be included to advise the landowner of that potential requirement.

POLICY/STATUTORY IMPLICATIONS:

There are no policy or statutory implications related to this report. The proposal was assessed against the provisions of the Residential Design Codes of Western Australia, Town Planning Scheme No.1, and the Town Planning Scheme Policy Manual.

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

Goal 4: Neighbourhoods where individual character and quality is respected, and planning is responsive to residents Strategy 4.3: Ensure new development is harmonious with established residences and respects our existing 'sense of place' and our unique character Strategy 4.4: Enhance and respect our existing streetscapes, setbacks and green spaces.

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 8 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

COMMITTEE DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Cr Nelson, seconded by Cr Everett

That, in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Council APPROVES the application for a 'Two-Storey Dwelling' submitted by Broadway Homes Pty Ltd at Lot 37 (No. 38) Biara Gardens, Mount Claremont as shown on the plans dated 6 March 2019 (Sheets 1-4), subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. Prior to lodgement of the Building Permit application, the landowner is to pay to the Town the removal cost of the existing Biara Gardens verge tree immediately abutting Lot 37 (No.38). The verge tree shall only be removed by the Town;

3. Prior to occupation of any part of the development, the external surface finish of the boundary wall shall be finished to the same standard as the rest of the development to the satisfaction of the Town (provided access is granted by the adjoining landowner);

4. The development shall be connected to the Water Corporation’s reticulated sewer, where available, prior to occupation of any part of the development;

5. All structures (and associated footings) shall be contained within the lot boundaries of the subject site;

6. The patio/alfresco area shall remain unenclosed on all sides except where it abuts the dwelling;

7. Vehicle access for the subject site shall be restricted to that shown on the approved plans;

8. The existing footpath shall be retained across the proposed crossover; and

9. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town.

Advice Notes:

1. If the development the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect.

2. Where an approval has so lapsed, no development shall be carried out without further approval of the Town of Cambridge having first been sought and obtained.

3. If an applicant or landowner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application shall be made within 28 days of the determination.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 9 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws).

It is the responsibility of the landowner to obtain any other necessary approvals, permits, licences or consent required under any other legislation, and to commence and carry out the development in accordance with all relevant legislation.

5. The applicant shall be responsible for ensuring that all lot boundaries as shown on the approved plans are correct.

6. In relation to Condition 2, the landowner is advised to contact the Town's Parks branch to organise for the Town to remove the existing verge tree prior to any crossover works occurring.

7. The landowner is advised that a Building Permit application shall be submitted to, and approved by the Town prior to any construction or site works commencing on the subject site in accordance with the Building Act 2011 and Building Regulations 2012.

8. The installation of any external air conditioning units or pool/spa equipment (where applicable) shall be in a location and manner that ensures noise emissions do not exceed the levels prescribed in the Environmental Protection (Noise) Regulations 1997.

9. The landowner is advised that the subject site is located within a bushfire prone area and additional construction requirements may apply at the Building Permit application stage in accordance with Australian Standard 3959:2009 - Construction of buildings in bushfire-prone areas.

A Bushfire Attack Level (BAL) assessment may need to accompany the Building Permit application.

10. The landowner is advised that dividing fencing between properties is a civil matter between abutting landowners in accordance with the Dividing Fences Act 1961.

11. The landowner is advised that a "Vehicle Crossover Application Form" shall be submitted to, and approved by the Town prior to the commencement of any site works/development.

a. All crossovers shall be constructed in accordance with the Town's Policy No.5.2.7 - Standard Vehicle Crossover (as amended).

12. The use of verge areas for temporary storage during building or demolition works on adjoining private property requires a permit in accordance with the Town of Cambridge Local Government and Public Property Local Law 2017 (as amended).

13. The landowner is advised that connection to reticulated sewer requires prior approval from the Water Corporation.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 10 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.34 LOT 532 (NO. 11) ARBORDALE STREET, FLOREAT - CARPORT AND FRONT FENCE

SUMMARY:

The purpose of this report is for Council to consider a development application for a carport and front fence at Lot 532 (No. 11) Arbordale Street, Floreat.

The application does not comply with the minimum 9 metres primary street setback requirement of cl20(1) of Town Planning Scheme No.1 (TPS1) as a carport is proposed to be set back 1.5 metres from the primary street. Should Council resolve to approve the application, an absolute majority decision is required.

Council determination is also sought for the proposed front fence variation to the deemed-to- comply provisions of Local Planning Policy 3.1 - Streetscape and thus also State Planning Policy 3.1 - Residential Design Codes (R-Codes).

Notwithstanding, it is considered that the application meets the design principles of cl39 of TPS1 as the proposed carport setback is similar to those for existing carports in the area and State Planning Policy 3.1 - Residential Design Codes as the fence variation is considered to be minor in nature and will not adversely impact the streetscape.

Accordingly, it is recommended that the application be approved.

AUTHORITY / DISCRETION

DELEGATION:

In accordance with cl9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reason:

• "The determination of a development application where a variation is to be assessed against cl. 39(3) of Town Planning Scheme No. 1."

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 11 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

Address/Property Location: Lot 532 (No. 11) Arbordale Street, Floreat Report Date: 19 March 2019 File Reference: DA18/0398 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Ryan Munyard, A/Manager Development Assessment Contributing Officer: Chris Della Bona, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Location/Aerial Plans (1 page) 2. Development application plans (2 pages) 3. Applicant's Justification (1 page)

Applicant: Peter Romano and Fiona Romano Owner: Peter Romano and Fiona Romano Zoning: Residential R12.5 Precinct: P3: Floreat Development Description: Carport and Front Fence Development Value: $18,000 Existing Land Use: Dwelling (Single) - 'P' (Permitted) Proposed Use Class: N/A - Works associated with existing dwelling Lot/Land Area: 888 square metres Heritage Listing: No Application Received Date: 3 December 2018 Application Process Days: 134 days

DETAILS:

Development description

A development application for the subject site was submitted on 3 December 2018 for a carport and front fence. Subsequently, the applicant provided amended plans to the Town on the 12 March 2019 to modify the front fence by reducing the amount of solid portions of fencing, and increasing the sight line truncation.

The subject site is located in a block bound by Salvado Road to the north, Arbordale Street to the east, Alderbury Street to the south, and Lichendale Street to the west. The site is comprised of a single-storey brick and tile roofed dwelling. The Arbordale Street streetscape consists predominately of single-storey brick and tile dwellings with some single and double carports as well as garage incursions within the primary street setback area.

The development application proposes the following:

• A double carport that is 6.2 metres wide and 5.2 metres in length; • The carport is to be set back 1.5 metres from Arbordale Street, in lieu of the required 9 metres setback; • A 1.7 metre high front fence, which is solid up to 0.7 metres from natural ground level and has 80% open infill panels above the solid portion; and • A solid meter box wall that is 1.7 metres tall and 1.5 metres wide, in lieu of the maximum 1 metre wide deemed-to-comply requirement.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 12 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Community Consultation

The application was advertised for a period of 14 days, from 22 February 2019 to 8 March 2019, in accordance with Local Planning Policy 2.3 - Public Notification of Planning Proposals.

No submissions were received during the advertising period.

Applicant's justification

Statutory Assessment

Clause 20 of Town Planning Scheme No.1 - Special Application of Residential Design Codes

Clause 20(1)(b) of TPS1 specifies a minimum primary street setback requirement of 9 metres for buildings. The application proposes a primary street setback of 1.5 metres to the carport.

Deemed-to-comply Proposed Provision Primary street setback Minimum 9 metres 1.5 metres

When considering variations to cl20, Council shall have regard to cl39 of TPS1, which relates to non-complying applications. In that regard, Council must be satisfied by absolute majority that, in approving an application for development approval for a non-complying application, the development would be consistent the following objectives: a) If approval were to be granted, the development would be consistent with:- i) The orderly and proper planning in the locality ii) The conservation of the amenities of the locality; and iii) The statement of intent set out in the relevant Precinct Planning Policy; and b) The non-compliance would not have any undue adverse effect on:- i) The occupiers or users of the development; ii) The property in, or the inhabitants of, the locality; or iii) The likely future development of the locality.

The proposal is considered to be consistent with the above on the basis of the following:

• The proposed carport setback is similar to existing carports in the Arbordale Street streetscape. The existing Primary Street setbacks along Arbordale Street range from 1 metre to 9 metres from the primary street boundary.

Generally, these incursions into the Primary Street setback area are for both carports and garages. The proposed carport is similar to those in the surrounding area and is not considered to be inconsistent with the prevailing streetscape as its scale and bulk is similar to other carports located in Arbordale Street and it is to be unenclosed on all sides.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 13 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Additionally, the 2.9 metres separation between the existing dwelling and the carport is considered to further reduce the bulk of the structure by providing visual relief between the structures.

• The carport is incidental to a single residential dwelling and the height of the carport is consistent with existing surrounding developments.

• The carport will allow the occupiers of the dwelling to utilise covered parking, resulting in increased amenity for the occupiers.

• The proposed setback of the carport is considered to be consistent with the streetscape. The carport has also been designed to integrate with the dwelling by virtue of it being constructed of brick piers and a tiled roof, which are materials used in the existing dwelling.

The non-complying application is therefore supported for the reasons expressed above.

Local Planning Policy 3.1 - Streetscape

The proposed front fence meets all deemed-to-comply requirements of Local Planning Policy 3.1 - Streetscape with the exception of those identified in the following table.

cl3.1.7 Fences and Street Walls Deemed-to-comply Proposed provision Meter Box Walls Up to two sections of solid Meter Box Wall wall, each no greater than 2 1.5 metres wide metres in height and 1 metre wide are permitted to accommodate a meter box or letter box per lot.

Where there is a non-compliance with the deemed-to-comply provisions, the application is required to be considered under Design Principle 5.2.4 P4 of State Planning Policy 3.1 - Residential Design Codes. An assessment against the Design Principles is provided below:

• The meter box wall (which forms part of the overall front fence) is to be set back 0.8 metres from Arbordale Street so that the fence could be designed around an existing water meter in the south-eastern corner of the lot. • The result of this is that the wall for the meter box is 0.5 metres wider than the deemed-to-comply requirement. However, the variation is considered minor in nature as the proposed meter box wall occupies 8.2% of the street frontage of the site and will not project an undue amount of solid wall facades to the street. • The proposed meter box wall is 1.7 metres in height, below the maximum height requirement of 1.8 metres, and is constructed and finished with the same materials as the remainder of the fence, resulting in a uniform street fence that will not adversely impact on the streetscape. • The proposed variation is still considered to permit surveillance between the street and the dwelling, and vice versa.

Accordingly, the proposal is considered acceptable from a metre box/fencing perspective.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 14 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That, in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Council APPROVES BY AN ABSOLUTE MAJORITY the application for a 'Carport and Front Fence' submitted by Peter Romano and Fiona Romano at Lot 532 (No. 11) Arbordale Street, Floreat as shown on the plans dated 12 March 2019 (Sheets 1-2), subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. Prior to the Carport being used for the parking of vehicles, a vehicle crossover shall be constructed to the specification and satisfaction of the Town. The vehicle crossover shall be constructed with a maximum width of 6 metres (excluding splays) and located a minimum distance of 1.5 metres away from the outside of the trunk of any street tree;

3. Vehicle access for the subject site shall be restricted to that shown on the approved plans;

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 15 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

4. The carport shall remain unenclosed on all sides and shall be without a door unless the door meets all deemed-to-comply provisions of cl3.1.4 of the Town’s Local Planning Policy 3.1 - Streetscape;

5. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town;

6. The roof material shall not be zincalume, white or off-white metal sheeting where the roof pitch exceeds five degrees;

7. The proposed infill panels of all fencing and gates within the primary street setback area shall have a minimum open-to-solid ratio of 4:1 (ie. 80%); and

8. All structures (and associated footings) shall be contained within the lot boundaries of the subject site.

Advice Notes:

2. Where an approval has so lapsed, no development shall be carried out without further approval of the Town of Cambridge having first been sought and obtained.

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws).

5. The applicant shall be responsible for ensuring that all lot boundaries as shown on the approved plans are correct.

6. The landowner is advised that a Building Permit application shall be submitted to, and approved by the Town prior to any construction or site works commencing on the subject site in accordance with the Building Act 2011 and Building Regulations 2012.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 16 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.35 LOT 77 (NO. 23) ORREL AVENUE, FLOREAT - CARPORT AND MODIFICATIONS TO EXISTING FRONT FENCE

SUMMARY:

The purpose of this report is for Council to consider a development application for a carport and modifications to the existing front fence at Lot 77 (No. 23) Orrel Avenue, Floreat.

The application does not comply with the minimum 9 metres primary street setback requirement of cl20(1) of Town Planning Scheme No.1 (TPS1) as a carport is proposed to be set back approximately 3.5 metres from the primary street. Should Council resolve to approve the application, an absolute majority decision is required.

Council determination is also sought for the proposed sight line variation to the deemed-to- comply provisions of Local Planning Policy 3.1 - Streetscape and thus also State Planning Policy 3.1 - Residential Design Codes (R-Codes).

Notwithstanding, it is considered that the application meets the design principles of cl39 of TPS1 as the proposed carport setback is similar to those for existing carports in the area and the R-Codes as the application proposes to improve the existing sight lines for the driveway over that which is currently provided on-site.

Accordingly, it is recommended that the application be approved.

AUTHORITY / DISCRETION

DELEGATION

In accordance with cl9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reason:

• "The determination of a development application where a variation is to be assessed against cl. 39(3) of Town Planning Scheme No. 1."

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 17 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

Address/Property Location: Lot 77 (No. 23) Orrel Avenue, Floreat Report Date: 29/01/2018 File Reference: DA18/0318 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Ryan Munyard, A/Manager Development Assessment Contributing Officer: Chris Della Bona, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Location/Aerial Plans (1 page) 2. Development application plans (2 pages) 3. Applicant's Justification (4 pages)

Applicant: The Carport Co Pty Ltd Owner: Mechiel Grove & Hazel Grove Zoning: Residential R12.5 Precinct: P3: Floreat Development Description: Carport and Modifications to Existing Front Fence Development Value: $48,000 Existing Land Use: Dwelling (Single) - 'P' (Permitted) Proposed Use Class: N/A - Works associated with existing dwelling Lot/Land Area: 936 square metres Heritage Listing: No Application Received Date: 18 October 2018 Application Process Days: 185 days

DETAILS:

Development description

History

On 18 September 2018, Council refused a development application on the site for two carports; which consisted of a single carport, accessed from Lissadell Street, and a quadruple-width carport accessed from Orrel Avenue. The development application was refused due to the bulk and scale of the carport within the primary street (Orrel Avenue) setback area, and the provision of inadequate sight lines for safe vehicular egress.

A new development application for the subject site was submitted on 18 October 2018 for a carport. Subsequently, the applicant provided amended plans to the Town on the 26 February 2019 to reduce the size of the carport, increase its primary street setback and to modify the existing street wall to have visually permeable infill panels.

Site Context

The subject site is located in a block bound by Orrel Avenue to the north, Birkdale Street to the east, Newry Street to the south, and Lissadell Street to the west. The site is a corner lot with a two-storey brick and tile roofed dwelling. The Orrel Avenue streetscape consists predominately of single-storey brick and tile dwellings with some single and double carport incursions within the primary street setback area.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 18 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

The development application proposes the following:

• A 5.4 metres wide, 8.3 metres long unenclosed carport; • The carport is to be set back 3.5 metres from the primary street (Orrel Avenue), in lieu of the required 9 metres setback; and • Modification to a portion of the existing solid front street fence to provide visually permeable infill panels above a 0.75 metres solid portion to improve sight lines for vehicular egress from the site.

Community Consultation

The application was advertised for a period of 14 days, from 3 December 2018 to 17 December 2018, in accordance with Local Planning Policy 2.3 - Public Notification of Planning Proposals.

No submissions were received during the advertising period.

Applicant's justification

Statutory Assessment

Clause 20 of Town Planning Scheme No.1 - Special Application of Residential Design Codes

Clause 20(1)(b) of TPS1 specifies a minimum primary street setback requirement of 9m for buildings. The application proposes a primary street setback of 3.5m to the carport.

Deemed-to-comply Proposed Provision Primary street setback Minimum 9 metres 3.5 metres (Orrel Avenue)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 19 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

The proposal is considered to be consistent with the above on the basis of the following:

• The proposed carport is similar to existing carports in the Orrel Avenue streetscape. The existing primary street setbacks along Orrel Avenue range from 0.5 metres to 9 metres;

Generally, these incursions into the primary street setback area are for single and double carports. The proposed carport, which is similar to those in the surrounding area, as it is double width and averaged setback, is not considered to be inconsistent with the prevailing streetscape as the scale and bulk of the proposed carport is similar to other carports located in Orrel Avenue;

Additionally the 0.8 metres separation between the existing dwelling and the proposed carport is considered to further reduce the bulk of the structure by providing visual relief between the structures;

• The carport is incidental to a single residential dwelling and the height of the carport is consistent with existing surrounding developments;

• The carport will allow the occupiers of the dwelling to utilise covered parking, resulting in increased amenity for the occupiers; and

The non-complying application is therefore supported for the reasons expressed above.

Local Planning Policy 3.1 - Streetscape

The proposed front fence meets all deemed-to-comply requirements of Local Planning Policy 3.1 - Streetscape with the exception of those identified in the following table.

cl3.1.7 Fences and Street Walls Deemed-to-comply Proposed Provision Walls, fences and other Truncated or reduced to no Two piers and open style structures higher than 0.75 metres within fencing greater than 0.75 1.5 metres of where walls and metres high are to be fences adjoin vehicle access located within the truncation points area

Where there is a non-compliance with the deemed-to-comply provisions, the application is required to be considered under Design Principle 5.2.5 P5 of State Planning Policy 3.1 - Residential Design Codes. An assessment against the Design Principles is provided below, in conjunction with some historical background:

• The Town does not have any record of an approval being issued for the solid wall portion located between the east of the Orrel Avenue driveway and the communal boundary to abutting No.21 Orrel Avenue. • However, the remainder of the existing front street fence has been previously approved (including those piers to the west of the Orrel Avenue driveway).

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 20 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• The application proposes to modify the abovementioned "unapproved" existing portion of fence to provide visually permeable infill panels above 0.75 metres to improve visibility for vehicular access. • There are two fence piers, 350 millimetres and 150 millimetres wide respectively, that are both greater than 0.75 metres in height and are to be located within the truncation area. The combined mass and location of those structures (relative to each other in terms of visibility geometry) still allows for adequate sight lines for vehicles exiting the site. • There are no nearby pedestrian attractors, such as schools or shopping centres. Accordingly, pedestrian traffic with the street is considered to be low in volume. • Orrel Avenue is a Local Access Road and, accordingly, the amount of traffic utilising this road is considered to be low in volume. • Also, it is noted that the removal of the previous solid portion of fence and replacement with a visually permeable infill panel will improve an otherwise existing scenario.

Accordingly, the proposal is considered acceptable from a fencing and sight lines perspective.

POLICY/STATUTORY IMPLICATIONS:

There is no policy or statutory implications related to this report. The proposal was assessed against the provisions of the Residential Design Codes of Western Australia, Town Planning Scheme No.1 and the Town Planning Scheme Policy Manual.

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 21 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Council APPROVES BY AN ABSOLUTE MAJORITY the application for a 'Carport and Modifications to Existing Front Fence' submitted by The Carport Co Pty Ltd at Lot 77 (No. 23) Orrel Avenue, Floreat as shown on the plans dated 26 February 2019 (A-001 to A-002), subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

2. The carport shall remain unenclosed on all sides and shall be without a door unless the door meets all deemed-to-comply provisions of cl3.1.4 of the Town’s Local Planning Policy 3.1 - Streetscape;

3. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town;

4. The roof material shall not be zincalume, white or off-white metal sheeting where the roof pitch exceeds five degrees; and

5. The infill panel of the portion of front fence located between the east of the Orrel Avenue driveway and the communal side boundary to abutting No.21 Orrel Avenue shall have a minimum open-to-solid ratio of 4:1 (ie. 80%) in accordance with cl3.1.7 of the Town’s Local Planning Policy 3.1 - Streetscape.

Advice Notes:

2. Where an approval has so lapsed, no development shall be carried out without further approval of the Town of Cambridge having first been sought and obtained.

3. If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 ofthe Planning and Development Act 2005. An application shall be made within 28 days of the determination.

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws).

5. It is the responsibility of the landowner to obtain any other necessary approvals, permits, licences or consent required under any other legislation, and to commence and carry out the development in accordance with all relevant legislation.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 22 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

6. The applicant shall be responsible for ensuring that all lot boundaries as shown on the approved plans are correct.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 23 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.36 LOT 304 (NO. 32) BORONIA CRESCENT, CITY BEACH - FRONT FENCE, SWIMMING POOL AND EXCAVATION

SUMMARY:

The purpose of this report is for Council to consider a development application for a front fence, swimming pool and excavation at Lot 304 (No. 32) Boronia Crescent, City Beach.

The application does not comply with the minimum 7.5m primary street setback requirement of cl20(1) of Town Planning Scheme No.1 (TPS1) as the proposed excavation is greater than 0.5m within 3m of the street alignment. Should Council resolve to approve the application, an absolute majority decision is required.

Council determination is also sought for the proposed landscaping variation to the deemed- to-comply provisions of Local Planning Policy 3.1 - Streetscape.

Notwithstanding, it is considered that the application meets the design principles of cl39 of TPS1 (for the primary street setback variation) and Local Planning Policy 3.1 Streetscape as it is considered that the landscaping variation will not adversely impact the streetscape.

Accordingly, it is recommended that the application be approved.

AUTHORITY / DISCRETION

DELEGATION:

In accordance with cl9.2.1 of the Town's Delegation Register, the Committee or Council is required to determine the application for the following reason:

• "The determination of a development application where a variation is to be assessed against cl. 39(3) of Town Planning Scheme No. 1."

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 24 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

Address/Property Location: Lot 304 (No. 32) Boronia Crescent, City Beach Report Date: 21 March 2019 File Reference: DA19/0009 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Ryan Munyard, A/Manager Development Assessment Contributing Officer: Mackenzie Walmsley, Planning Officer Reporting Officer Interest: Nil Attachment(s): 1. Aerial Plan (1 page) 2. Site Photos (1 page) 3. Development application plans (3 pages) 4. Justification (1 page)

Applicant: MCL Group Pty Ltd Owner: Anusha Connaughton & Paul Connaughton Zoning: Residential R12.5 Precinct: P1: City Beach Development Description: Front Fence, Swimming Pool and Excavation Development Value: $80,000 Existing Land Use: Dwelling (Single) Proposed Use Class: N/A - Works associated with existing dwelling Lot/Land Area: 1,029 square metres Heritage Listing: No Application Received Date: 17 January 2019 Application Process Days: 63 days

DETAILS:

Development description

The subject site is located within a block bound by Kingsland Avenue to the north, Lentara Crescent to the south and Hesperia Avenue to the west. The site is an irregular triangular shape, and currently comprises a single-storey dwelling.

The site features an approximate 2.76 metres slope downwards from the south-east corner (approximately 35 AHD) to the north-west corner of the site (approximately 32.24 AHD).

The front fence and excavation are associated with the proposed swimming pool, which is to be located within the front primary street setback area. The existing vehicle access to the site is also proposed to be replaced with a new crossover and driveway.

The details of the proposed works are as follows:

• Deemed-to-comply front fencing bounded to the north, east and south within the primary street setback area, with a maximum height of 1.8 metres and total length of 37.7 metres; • Deemed-to-comply retaining walls at a maximum height of 0.4 metres as measured from natural ground level; • A deemed-to-comply crossover and driveway at a maximum width of 6 metres; • Proposed landscaping within the primary street setback at 41.1% in lieu of the deemed-to-comply 60%; • Proposed excavation at a maximum overall height of 0.9 metres within 3 metres of the primary street alignment in lieu of the deemed-to-comply 0.5 metres.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 25 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Community Consultation

The Applicant undertook consultation themselves in accordance with the requirements of Local Planning Policy 2.3 - Public Notification of Planning Proposals, the process of which was verified by the Town.

Three submissions were received, all of which raised no-objection to the proposal.

Applicant's justification

Statutory Assessment

Clause 20 of Town Planning Scheme No.1 - Special Application of Residential Design Codes

Deemed-to-comply Proposed Provision Excavation within 3m of 0.5 metres 0.9 metres street alignment

Clause 20(1)(a) of TPS1 specifies a minimum primary street setback requirement of 7.5 metres. Fill and excavation is permitted up to 0.5 metres within 3 metres of the 7.5 metres setback area. The application proposes excavation up to 0.9 metres, greater than the 0.5 metres height within 3 metres of the street alignment.

a) If approval were to be granted, the development would be consistent with:- i) The orderly and proper planning in the locality ii) The conservation of the amenities of the locality; and iii) The statement of intent set out in the relevant Precinct Planning Policy; and b) The non-compliance would not have any undue adverse effect on:- i) The occupiers or users of the development; ii) The property in, or the inhabitants of, the locality; or iii) The likely future development of the locality.

The proposal is considered to be consistent with the above on the basis of the following:

• As the excavation is by its nature below natural ground level, it will not be prominent when viewed from the street. The extent of the variation, as shown in red on the marked up plans attached, is considered relatively minor in scale. • The fencing proposed follows the street level and as such provides the appearance of the natural slope which reduces the impact of the excavation within the front setback. • There are existing examples within the locality of swimming pools within the primary street setback area, such as No.9 Kingsland Avenue, Nos.22 and 33 Boronia Crescent and No.38 Marapana Road. These examples have involved extensive retaining walls above natural ground level within the primary street setback area. The proposal is

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 26 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

considered more favourable as it does not involve fill or retaining above natural ground level, minimising the appearance of development as viewed from adjoining properties and the streetscape. The proposal, as a result, is not considered to have a detrimental impact on the streetscape in respect to visual amenity. • The swimming pool itself will not be prominent from the street as it will be below the existing natural ground level. • Locating the development within the primary street setback area will allow the subject site to be more efficiently used by its occupants by creating a useable front yard area. • The proposed front fencing will not result in any pedestrian safety concerns for vehicles accessing the subject site as clear sight lines, which meet the relevant deemed-to-comply provisions have been provided. • The proposed fencing contains visually permeable infill panels on all sides in order to reduce the extent of building bulk as viewed from the streetscape. In addition, the visually permeable fencing provides opportunities for passive surveillance to the street.

The non-complying application is therefore supported for the reasons expressed above.

Local Planning Policy 3.1 - Streetscape

The subject application meets all deemed-to-comply requirements of the Local Planning Policy 3.1 - Streetscape with the exception of those identified in the following table.

Cl3.1.9 Fences and retaining walls Deemed-to-comply Proposed Provision Landscaping Percentage of 60% 41.1% Primary Street Setback Area

Where there is a non-compliance with the deemed-to-comply provisions, the application is required to be considered against the associated Design Principles, an assessment of which is provided below:

• In accordance with the Town's Streetscape Policy, consideration may be given to a reduction in landscaping, provided that a minimum of 50% of the primary street setback area is landscaped, on the basis of the following: o if an additional landscaped area is provided behind the primary street setback line which is contiguous with landscaping in the primary street setback area, in full view of the street and in front of the dwelling; o 5% reduction in landscaped area per tree, to a maximum of two trees, on the basis of retention of established mature trees in the street setback area. • Although the proposal does not meet the deemed-to-comply 50% provision, it is noted that the proposal involves the retention of two established trees within the north-east corner of the subject allotment that are visible from Boronia Crescent, equating to a 10% reduction. • Further to this, there is an existing mature tree located behind the primary street setback line that is visible from the street and behind the dwelling frontage and there are currently four existing street trees within the verge of Boronia Crescent, immediately abutting the subject site, providing significant canopy cover and visual appeal for the street. • Landscaping is proposed to be planted around the front and sides of the proposed swimming pool area to minimise building bulk impacts and ensure that the landscaping is clearly visible from the streetscape.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 27 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• The application proposes an additional four street trees within the abutting verge at the front of property, subject to the approval of a verge application. It is considered that the additional verge planting will contribute positively to the existing streetscape, however as they are not located on the site, it is recommended one further tree be planted within the front setback area south of the swimming pool area in order to ensure sufficient landscaping on the site in accordance with the intent of the Policy.

Accordingly, subject to the recommended conditions, the proposal is considered acceptable from a landscaping perspective.

POLICY/STATUTORY IMPLICATIONS:

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That, in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1 and the Metropolitan Region Scheme, Council APPROVES BY AN ABSOLUTE MAJORITY the application for a 'Front Fence, Swimming Pool and Excavation' submitted by MCL Group Pty Ltd at Lot 304 (No. 32) Boronia Crescent, City Beach as shown on the amended plans dated 15 March 2019, subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any conditions of this approval;

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 28 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

2. The existing crossover to Lot 304 Boronia Crescent, as shown on the approved plans, shall be removed and the verge and kerb reinstated (only for that portion that will not be occupied by the new crossover) to the specification and satisfaction of the Town;

3. A new vehicle crossover shall be constructed to the specification and satisfaction of the Town. The vehicle crossover shall be constructed with a maximum width of 6 metres (excluding splays) and located a minimum distance of 1.5 metres away from the outside of the trunk of any street tree;

4. The landscaping areas, as shown on the approved plans, shall be installed and reticulated within six months of practical completion of the development (as determined by the Town) and thereafter maintained for the life of the development to the satisfaction of the Town;

5. The two existing trees within the primary street setback area (between the northern side boundary and the driveway) shown on the approved site plan shall be retained and protected to the satisfaction of the Town;

6. A minimum of one advanced growth tree, being a minimum 45 Litres bag or a minimum of 2 metres in height and diameter shall be provided within the primary street setback area (between the southern side boundary and the swimming pool area) in accordance with cl3.1.9 of the Town's Local Planning Policy 3.1 - Streetscape;

7. Vehicle access for the subject site shall be restricted to the new crossover location as shown on the approved plans;

8. Pedestrian/vehicle gates shall not encroach into the road reserve;

9. The infill panels of all fencing/gates within the primary street setback area shall have a minimum open-to-solid ratio of 4:1 (ie. 80%) and shall meet all deemed- to-comply provisions of cl3.1.7 of the Town's Local Planning Policy 3.1 - Streetscape;

10. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town; and

11. All structures (and associated footings) shall be contained within the lot boundaries of the subject site.

Advice Notes:

2. Where an approval has so lapsed, no development shall be carried out without further approval of the Town of Cambridge having first been sought and obtained.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 29 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws).

5. The applicant shall be responsible for ensuring that all lot boundaries as shown on the approved plans are correct.

6. In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to and approved by the Town prior to any construction or earthworks commencing on site.

7. The landowner is advised that the fencing infill panels shall comply with the Building Regulations 2012 and the Australian Standard AS1926.1:2012 - Swimming pool safety - Safety barriers for swimming pools in addition to the visual permeability requirements of Condition 7. In that regard, the infill panels shall contain vertical, in lieu of horizontal slats to prevent opportunities for horizontal slats to be used as a climbing aid.

8. The installation of any external pool equipment shall be in a location and manner that ensures noise emissions do not exceed the levels prescribed in the Environmental Protection (Noise) Regulations 1997.

9. All works within the road reserve, such as vehicle crossovers, verge paving and/or landscaping require a separate application and approval by the Town’s Infrastructure Services. Those works must conform to the Town’s specifications.

10. Any verge treatment shall be in accordance with the Town's Policy No.5.2.19 - Street Verges - Landscaping and Maintenance (as amended) and the Town's Street Verge Landscape and Maintenance Guidelines (as amended).

11. Proposed street trees within the Town's reserve are to be in accordance with the recommendations of the Town's Treescape Plan 2010-2020 for Boronia Crescent. The proposed street trees are to be supplied and planted by the Town.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 30 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.37 LOT 135 (NO.2) OCEANIC DRIVE, FLOREAT - ALTERATIONS/ ADDITIONS TO EXISTING DWELLING (INCLUDING TWO-STOREY EXTENSION)

SUMMARY:

The purpose of this report is for Council to consider a development application for alterations/additions (including a two-storey extension) to the existing dwelling at Lot 135 (No.2) Oceanic Drive, Floreat.

Clause 2B of Local Law 43 - Buildings On Endowment Lands & Limekilns Estate (Local Law 43) requires Council to determine development applications which do not comply with the requirements of Local Law 43.

The subject application does not meet the construction materials requirement of cl7(b) of Local Law 43 as the two-storey extension is proposed to be constructed out of "Hardietex" pre-rendered texture cladding over a double timber stud frame, in lieu of masonry materials. Should Council resolve to approve the application, an absolute majority decision is required.

Council determination is also sought for the proposed wall height variation.

The Administration recommends that the application be approved subject to conditions.

AUTHORITY / DISCRETION

DELEGATION:

In accordance with cl9.2.1 of the Town's Delegation Register, the Council is required to determine the application for the following reason(s):

• "The determination of a development application where a variation is to be assessed against cl. 39(3) of Town Planning Scheme No. 1".

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 31 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

Address/Property Location: Lot 135 (No.2) Oceanic Drive, Floreat Report Date: 18 March 2019 File Reference: DA18/0320 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Ryan Munyard, A/ Manager Development Assessment Contributing Officer: Ryan Munyard, A/ Manager Development Assessment Reporting Officer Interest: Nil Attachment(s): 1. Location/Aerial Plan (1 page) 2. Annotated Plans (Over Height Wall Portions) (2 pages) 3. Development Application Plans (6 pages) 4. Streetscape Perspective (1 page) 5. Applicant's Justification (4 pages)

Applicant: Audhu Pty Ltd T/as Nuchange Building Owner: Katrina Garven and Steven Warner Zoning: Residential R12.5 Precinct: Precinct P3: Floreat Development Description: Alterations/Additions to Existing Dwelling (Including Two-storey Extension) Development Value: $525,000 Existing Land Use: Dwelling (Single) - 'P' (Permitted) Proposed Use Class: N/A - Works associated with the existing dwelling Lot/Land Area: 837 square metres Heritage Listing: No Application Received Date: 19 October 2018 Application Process Days: 193 days

DETAILS:

Development description

Site Context

The subject site abuts Cale Lane and fronts the portion of Oceanic Drive where it transitions into Cambridge Street. The site currently contains an existing single-storey residence and an associated carport, swimming pool and outbuilding. Vehicle access to the site is available from Cale Lane.

The site slopes from approximately 34.4AHD near the Oceanic Drive frontage down to approximately 32AHD (-2.4 metres) near the rear of the property.

Surrounding development within the locality consists of single and two-storey dwellings.

Proposal

The subject application proposes a two-storey extension to be constructed on top of the footprint of the existing single-storey dwelling. The extension is proposed to be constructed out of "Hardietex" pre-rendered texture cladding over a double timber stud frame in lieu of masonry materials.

At the highest point above the corresponding natural ground level, the extension proposes a wall height of approximately 7.4 metres (in lieu of the 6 metres high deemed-to-comply requirement).

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 32 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Some minor associated works are also proposed for the dwelling. These works principally relate to the reconfiguration of some existing windows, a new awning (facing the eastern elevation) over an existing study window and re-roofing the dwelling, carport and outbuilding with new clay tiles.

Community Consultation

The application was advertised for a period of 23 days, from 25 January 2019 to 11 February 2019, in accordance with the requirements of Local Planning Policy 2.3 - Public Notification and Advertising Procedures due to the proposed variations.

One submission was received during the advertising period raising no objection to the proposal.

Applicant's Justification

The Applicant has provided written justification for the variations to the deemed-to-comply provisions relating to the construction materials of the two-storey extension and the wall height. A copy of that justification is attached to this Report.

Statutory Assessment

Local Law 43 - Buildings on Endowment Lands & Limekilns Estate (Local Law 43)

The main purpose of Local Law 43 is to specify construction requirements for buildings on Endowment Lands and Limekilns Estate.

Deemed-to-comply Provision Proposed Clause 7(b): All other dwelling-houses [ie. non External "Hardietex" pre- Two-storey single-storey dwellings] shall be rendered texture board/ cladding extension materials constructed of brick, stone, over double timber stud frame. of construction concrete or similar material.

Where a proposal does not meet the above deemed-to-comply provision, an assessment against the following design principles is required:

Clause 2B:

i) The development would be consistent with the orderly and proper planning of the locality and preservation of its amenities; and ii) The use to be made of the land and the non-compliance with the prescribed standards or requirement will not have any adverse effect upon the occupiers or users of the development of the property in or the inhabitants of the locality or the likely future development of the locality.

The proposal is considered to be consistent with the above on the basis of the following:

• The texture board will provide a masonry looking façade to Oceanic Drive, Cale Lane and the surrounding properties as it will have a rendered texture applied to it, which is not dissimilar to the look of a rendered masonry dwelling. • The existing dwelling already contains a rendered façade to Oceanic Drive. The two- storey extension, to be clad in "Hardietex" pre-rendered board, will provide a uniform external appearance to both floors of the dwelling. It is considered that the uniform

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 33 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

presentation will ensure the development does not adversely impact the visual amenity of the locality as it will be consistent with the surrounding dwellings. • There are existing examples, both abutting the subject site and located on the opposite side of Oceanic Drive, of dwellings that feature rendered masonry façades. • It is understood that modern construction materials and technology that are now available for use have progressed significantly since the Local Law was created. Accordingly, it is considered that any potential concerns that non-masonry materials may result in a poorer standard of construction (versus using masonry materials) are no longer applicable. • Given the age and design of the original dwelling, it is unlikely that the existing limestone footings would be able to accommodate a double-brick masonry extension for the second storey, without upgrading its foundations. It is noted that the proposed double timber stud frame construction method alleviates the need for those types of works, thus ensuring the natural topography of the subject site is respected.

For the above reasons, the variation to the construction material requirements is considered to be consistent with the relevant design principles of Local Law 43 and is therefore acceptable.

State Planning Policy 3.1 - Residential Design Codes / Local Planning Policy 3.3 - Building Height (LPP3.3)

The subject application meets all deemed-to-comply requirements of the following:

• R-Codes • Local Planning Policy 3.3 - Building Height

with the exception of those identified in the following table.

Deemed-to-comply Provision Proposed Top of external wall (roof 6 metres Approximately 7.4 metres above) (at its tallest point above NGL, approximately 32.8AHD)

The tallest point is to the top of the wall along the eastern and western elevations at the rear of the two- storey extension.

(Those portions of the proposed dwelling that exceed the 6 metres deemed-to-comply wall height requirement are highlighted on the attached Annotated Plans) N.B: The overall (pitch) height of the proposed two storey extension is approximately 8.8 metres which is less than the 9 metres maximum deemed-to-comply requirement.

The variation is considered to be consistent with the relevant design principles of the R- Codes and LPP3.3 on the basis of the following:

Solar Access:

• All overshadowing as a result of the proposed two-storey extension will fall either within the subject site or into the Oceanic Drive road reserve. • The adjoining rear (northern) lot, No.71 Newry Street, has its main outdoor living area set back approximately 25.5 metres from the proposed extension.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 34 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• The nearby eastern lot, No.498 Cambridge Street, has its main outdoor living area set back approximately 17.5 metres from the proposed extension. Also, it is separated from the subject site by an approximate 7 metres wide laneway (Cale Lane) which provides a "transition" between the two sites. • The adjoining western lot, No.4 Oceanic Drive, has its main outdoor living area set back approximately 13.5 metres from the proposed two-storey extension.

Based on the above, it is considered that the two-storey extension will not compromise the ability of surrounding lots to access direct sunlight.

Access to Views of Significance

• There are no prominent natural aspects within the immediate locality which are considered to be points of significant, in terms of maintaining views. • The existing dwellings within the locality are largely in a north-south orientation with habitable rooms typically facing Oceanic Drive or into their respective backyards, as opposed to being orientated towards the proposed development (ie. in an east-west orientation). • The over height portion of the two-storey extension is limited to approximately 6.5% of the length of the side boundaries of the subject site and thus is unlikely to inhibit views of abutting properties. • Properties on the opposite (southern) side of Oceanic Drive are situated approximately 1 metre higher than the properties on the northern side of Oceanic Drive, where the subject site is contained. In addition, the property immediately opposite the subject site is two-storey in height. For those reasons, those properties are unlikely to have any views restricted by the proposed development.

Based on the above, it is considered that the two-storey extension will not compromise the ability of surrounding lots to access views.

Building Height Consistency with Surrounding Area

• There are examples on the opposite (southern) side of Oceanic Drive of two-storey properties. Those examples are of a design that features two-storey blank walls with pitched roofs. In comparison, the subject development is of a design that "staggers" (ie. the roof line of the ground floor is visible between the first and second storey) the second storey. It is considered that that assists in minimising the extent of building bulk to surrounding properties. • Although the northern side of Oceanic Drive does not currently contain any two-storey dwellings, it is noted that that may be a result of the age of the housing stock and, notwithstanding, the planning framework allows for two-dwellings to be constructed. • A Streetscape Perspective has been provided by the Applicant to illustrate the proposed development within its immediate context, and is contained as an attachment to this Report.

Based on the above, it is considered that the two-storey extension is consistent with the surrounding area.

Natural Topography of Site

• The natural topography of the site (and adjoining properties) slopes downwards from Oceanic Drive towards the rear of the subject site by approximately 2 metres.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 35 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• The two-storey extension is to be built with the existing "footprint" of the dwelling. It is considered that that will minimise any impacts on surrounding properties as: o Due to the "light weight" construction method, the development does not propose any additional fill or retaining in association with the extension. o The footprint of the second storey is smaller than that of the ground floor (and the existing roof line will be visible between the floors to provide articulation to minimise building bulk). o The two-storey extension is to be located approximately within the middle of the property, above the sloping portion of the site. o The ceiling height of the existing ground floor is approximately 2.9 metres. The proposed ceiling height of the two-storey extension is to be 2.7 metres. This reduced height (relative to the ground floor) assists in minimising the overall height of the extension.

Based on the above, it is considered that the two-storey extension has considered (and thus responds) to the natural topography of the subject site by locating the two-storey extension over the sloping portion of the site as opposed to being located above the flat "high point" of the property at its frontage to Oceanic Drive.

For the above reasons, the variation to the wall height is considered to be consistent with the relevant design principles of the R-Codes and LPP3.3 and is therefore acceptable.

POLICY/STATUTORY IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018 - 2028:-

Our Neighbourhoods

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the statutory provisions of the Town Planning Scheme.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 36 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That, in accordance with the provisions of the Town of Cambridge Town Planning Scheme No. 1, the Metropolitan Region Scheme and Clause 2B of Local Law 43 - Buildings On Endowment Lands & Limekilns Estate, Council APPROVES BY AN ABSOLUTE MAJORITY the application for 'Alterations/Additions to Existing Dwelling (Including Two-storey Extension)' submitted by Audhu Pty Ltd T/as Nuchange Building at Lot 135 (No.2) Oceanic Drive, Floreat as shown on the plans dated 19 October 2018, subject to the following conditions:

1. The development shall at all times comply with the application and the approved plans, subject to any modifications required as a consequence of any condition(s) of this approval;

2. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town; and

3. The roof material shall not be zincalume, white or off-white metal sheeting where the roof pitch exceeds five degrees.

Advice Notes:

1. If the development the subject of this approval is not substantially commenced within a period of two years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect.

2. Where an approval has so lapsed, no development shall be carried out without further approval of the Town having first been sought and obtained.

4. This is a development approval of the Town. It is not an approval to commence or carry out the development under any other legislation (including any of the Town's local laws).

6. The applicant shall be responsible for ensuring that all lot boundaries as shown on the approved plans are correct.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 37 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

8. Any asbestos shall be handled, removed and disposed of in accordance with the Health (Asbestos) Regulations 1992 and the Environmental Protection (Controlled Waste) Regulations 2004.

9. The use of verge areas for temporary storage during building or demolition works on adjoining private property requires a permit in accordance with the Town of Cambridge Local Government and Public Property Local Law 2017 (as amended).

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 38 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.38 LOCAL PLANNING POLICY 3.13: PARKING - ADOPTION OF PRINCIPLES TO GUIDE REVIEW

SUMMARY:

Local Planning Policy 3.13: Parking was last subject to a comprehensive review in late 2012 - early 2013. A review of the Policy is identified as a priority project for the Strategic Planning business area for 2018/19 and 2019/20. This report presents a two stage policy review and amendment process for Council consideration.

It is considered beneficial to present the planned amendment stages and principles associated with the various elements of the policy for discussion first, rather than preparing a finished reviewed policy document. Subject to Council's endorsement of this approach, the Town will prepare a draft revised policy in two stages and prepare a plan that details the proposed expenditure of cash in lieu payments collected.

AUTHORITY / DISCRETION

Review When the Council operates as a review authority on decisions made by Officers for appeal purposes.

Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 28 March 2018 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Brett Cammell, Manager Strategic Planning Contributing Officer: Christie Downie, Senior Strategic Planning Officer Reporting Officer Interest: Nil Attachments: Local Planning Policy 3.13: Parking

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 39 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

In 2011, Council commissioned the preparation of an Access and Parking Strategy as a guiding document for the future control and management of parking in the Town. This strategy required a general review of the Town's off-street parking policy and emphasised that continuing a demand satisfaction approach (based on a 'predict and provide' model) is unsustainable and therefore recommended moving away from the more conventional approach of ‘predict and provide' towards a 'demand management' approach to the supply of parking, particularly for the Town's areas well serviced by public transport and other transit options.

Upon Council's adoption of the Access and Parking Strategy in November 2012, Local Planning Policy 3.13: Parking (LPP3.13 or Policy) was subject to a comprehensive review to implement outcomes of the Access and Parking Strategy. It is noted that the Policy was titled Policy 5.1: Parking, however a new numbering format was recently adopted in March 2019. As a result of the 2012 review, the following changes were made to the Policy;

• Updated parking ratios. • Formalised parking concessions and cash in lieu for parking. • Introduced requirements for bicycle parking and end of trip facilities. • Introduced requirements for Parking Management Plans. • Introduced a standard parking ratio across shopping centres. • Introduced a special provision relating to change of use applications in traditional strip centres. • Introduced special rates for Shop use in mixed use developments.

The Policy was amended again in July 2015 to update cash in lieu figures, and in August 2018 to include alfresco eating areas in parking calculations.

On 24 July 2018, Council adopted strategic project priorities and timetable for financial year 2018/19 for the strategic planning, economic development and sustainability business areas. Review of LPP3.13 is project number 10 and is scheduled to be undertaken from January 2019 and continue into the 2019/20 financial year. Elected Members have expressed an interest in reviewing LPP3.13 more comprehensively to address matters such as:

• potentially different parking rates for areas serviced by train stations and/or high frequency bus routes; • reviewing the bicycle parking rates to ensure best practice and to align with the Town's Bicycle Plan; • reduce the complexity and length of LPP3.13 to improve its application and interpretation; and • review the collection and administration of cash payments in lieu of parking.

DETAILS:

Local Planning Policy 3.13 sets out the requirements for access and parking for non- residential development. Access and parking requirements for residential development are addressed in the Residential Design Codes (R-Codes).

As the Policy applies to all non-residential development across the Town, the policy measures have been applied in a wide variety of contexts: new developments; infill developments; changes of use; developments within established centres; developments with and without access to public transport, etc. In any situation, a local government is generally seeking to find a balance that will ensure sufficient parking is provided, encourage economic

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 40 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019 prosperity and support the business community, and also use parking scarcity or improved alternative transport as a part of behaviour change.

In order to assess the provision of parking, most local government policy revolves around the determination of parking ratios (be it car, bicycle, other vehicle), that is, setting a required number of parking bays per square metre of activity (or per person/bed/practitioner) for each land use. A recent paper prepared by Cardno for WALGA notes that these ratios are commonly informed by:

• Parking surveys completed in the USA and Sydney, some as long ago as the 1970’s. • Results of an investigation for a single development application that then become the standard for all subsequent developments. • Requirements applied by a neighbouring Council which may be perceived to be attractive to users and as such, are adopted more broadly without proper analysis. • An evolution from previous requirements, adjusted incrementally to reflect changing attitudes to the local parking supply.

Further, the Cardno paper suggests that 'while the previously mentioned sources provide a convenient set of tools for identifying and codifying new development parking requirements, these sources are not designed to achieve the environmental, economic or social development goals of individual local governments and their communities, such as integrated transport systems, higher usage of public transport systems, pedestrian friendly town centres and efficient use of urban land'. It is reasonable to suggest that alternative approaches may facilitate improved transport and built form outcomes.

In instances where a development is not able to provide parking bays to satisfy the parking ratio requirement, it is common for parking policy to entertain the practice of cash in lieu of parking. For the Town of Cambridge, the Scheme establishes the mechanism to accept cash in lieu and LPP3.13 provides some guidance on the application of cash in lieu payments. Currently the Town does not have a clear plan or strategy as to the expenditure of funds collected as cash in lieu of parking. It is important for the Town to improve the transparency and certainty of the collection and expenditure of these funds. In addition to the more fundamental elements of the Policy discussed, it has been identified that the day to day application of the Policy could be improved by reducing the complexity and length of the document.

As there are complex issues to be investigated as well as some less complex updates and refinements, it is recommended the Policy be updated in a two stage approach.

Stage 1 will involve:

• Amendments to align with changes in the planning framework (LPP organisation, R- Codes, omnibus amendment to TPS1). • Amendments to formatting and typographical errors. • Clarification of the operation of the policy. • A shift to a more flexible, objectives based method for considering variations to parking standards.

It is recommended that Stage 1 result in a report to Council by the end of the current financial year. The report will include an amended LPP3.13 to be adopted for the purposes of advertising.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 41 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Stage 2 will involve:

• Comprehensive review of parking ratios, with a view to greatly reduce the land use categories. • Reconsideration of the appropriate policy responses to parking in activity centres and public transport hubs. • Preparation of cash in lieu collection and expenditure plan. • Any other amendments as triggered by the above points.

It is recommended that Stage 2 result in a report to Council by the end of the 2019. The report will include an amended LPP3.13 to be adopted for the purposes of advertising and a cash in lieu expenditure plan.

Current Local Planning Policy 3.13: Parking

To provide more detailed information on the recommended policy review, each section of the current Policy is described and discussed.

The following three points have directed the review of the Policy:

• The revised policy should be simple and clear; • Policy provisions and definitions should only be included where necessary; and • The policy must be lawful, defendable and consistent with TPS1.

It is important to note policy provisions need to be clear in their measurement and expectation but a local planning policy does not form part of a scheme. A local planning policy cannot bind the Council in respect of an application or planning matter, however, Council is required to have due regard to the provisions and objectives of the policy in its decision making.

Introduction Overview There is a substantial introduction to the Policy that summarises its contents. Discussion It is considered unnecessary that a generally non-operative part of the Policy includes so much content. Recommended principle 1. The introduction section is reduced to simple details of the subject and nature of the Policy. (Stage 1)

Aims Overview The Policy sets out the following aims:

• To promote a choice of transport options by ensuring the provision of a mix of car, bicycle and vehicle parking. • To ensure that the supply of parking also encourages alternative, more sustainable modes of transport. • To facilitate the development of adequate, safe and convenient parking. • To promote a high standard of design for parking areas. • To ensure adequate provision for service vehicles.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 42 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Discussion The Aims of the policy are considered generally sound, but statements of this type are more commonly referred to as Objectives in the Town's planning framework. As Stage 1 of the review is focussing on improvements to the application of the Policy rather than a shift in policy direction, updating the content of the Aims will be completed to align with the more substantial Stage 2 amendments. Recommended principle 1. Rename Aims to Objectives. (Stage 1) 2. Review Objectives in line with the Stage 2 review. (Stage 2)

Related Policies Overview Lists the Design of Non-Residential Development and Landscaping and Water Sensitive Urban Design LPPs. Discussion Listing key related documents or documents referred to in the Policy can assist applicants, but also implies that those listed are the only other considerations. It is not unreasonable to expect applicant familiarise themselves with any other local planning policies relevant to their application. Recommended principle 1. Delete this section of the Policy. (Stage 1)

Applications Subject to This Policy Overview States that the Policy applies to non-residential development, R-Codes apply to residential development. Discussion No change required. Recommended principle 1. Policy to apply to non-residential development, including change of use applications.

Parking Ratios Table Overview Table 1 of the policy sets out the number of car and bicycle parking spaces required for different land uses. Discussion As discussed earlier in this report, the parking ratios in the policy have likely come from a number of sources over time and are likely outdated; however these methods of calculating parking requirements remain as a convenient assessment tool by setting a 'deemed to comply' standard. For this stage of the review it is considered more efficient to review the criteria by which to consider variations to the Policy's standards (discussed further below). Moving away from the current parking ratios table will require investigation and research such as;

• identifying local parking demand within centres and in other locations, • precinct based parking ratios, • mode share data and targets, • consideration of parking maximums, • current and proposed parking management practices, • potential implications of technological change, • identifying desired transport, access and urban design outcomes, and • literature and best practice review.

The recommended parking ratios will also depend upon the other parking management practices the Town is seeking to employ. Recommended principle 1. Include guidance for where a use is not listed. (Stage 1) 2. Comprehensively review parking ratios, including different ratios for different precincts. (Stage 2) 3. Reduce the complexity and length of the parking ratios table. (Stage 2)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 43 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Parking Ratios Additional Provisions Overview Includes details on;

• Rounding of non-whole number parking requirements. • Motorcycle, scooter and gopher bay requirements. • Specific purpose (e.g. loading) bay requirements. • Accessible parking bay requirements. • Allocation of parking bays between different users. • Guidance on the variation of parking standards in traditional strip centres, retail components of mixed use developments and shopping centres. • Policy statement regarding exceeding parking ratios. Discussion The Policy sets out that parking requirements will be rounded to the nearest whole number, and in the case of .5, rounded up. This is considered reasonable.

Motorcycle, scooter and gopher bays are required at a rate of 2% of the car parking spaces. This is a convenient measure but is quite blunt. There is also limited guidance for variations to this rate. Similar to the general parking ratios, this should be reviewed.

The requirement for specific purpose bays will be site specific, the general nature of this provision is adequate.

Accessible (disabled) parking is to be in accordance with building/engineering standards and does not require further policy guidance.

The provision relating to the allocation of bays raises valid issues that would be better addressed through discussion on the design and location of parking and/or the parking management plan.

Traditional strip centres - the intent of the policy to make a change of use application in the traditional strip centres less onerous is sound. However the provision is considered overly prescriptive and complicated; and this concept may be addressed with more general guidance on the use of discretion in reducing parking requirements.

Retail in mixed use development - the intent of the policy to encourage active ground floor uses in mixed use developments. The parking requirements for active uses are generally higher than the prevailing office or residential use, which is onerous when the use is desired. The provision is considered overly prescriptive and complicated; and this concept may be addressed with more general guidance on the use of discretion in reducing parking requirements.

Shopping centres - this provision intends to make a change of use application within a shopping centre simpler, or potentially remove the requirement for a development application. An extension of this concept could relate to centres more generally.

Exceeding parking requirements is generally not supported by the Policy; this is reasonable however the provision can be refined for simplicity. Recommended principle 1. Retain calculation notes. (Stage 1) 2. Review motorcycle, scooter and gopher parking ratios. (Stage 2) 3. Retain guidance on specific purpose bays and accessible parking bays. (Stage 1) 4. Designation of bays to be discussed in the section relating to the design and location of parking and parking management plans. (Stage 1) 5. Introduce provision to guide discretion in reducing the required number of bays in traditional strip centres. (Stage 1) 6. Introduce provision to guide discretion in reducing the required number of bays for active ground floor uses in mixed use developments. (Stage 1) 7. Retain provision to facilitate easier change of use applications in shopping centres. (Stage 1) 8. Refine provision regarding exceeding parking requirements. (Stage 1)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 44 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

End of Trip Facilities Overview Describes the number of lockers and showers to be provided as a function of the number of long stay bicycle parking spaces provided. Discussion The provision of adequate end of trip facilities is required to support active transport. Regular reviews of best practice are required. Recommended principle 1. Comprehensively review as parking ratios are reviewed. (Stage 2) 2. Review for best practice and alignment with the Town's Bicycle Plan. (Stage 2)

ALTERNATIVES TO PROVIDING PARKING BAYS - PARKING CONCESSIONS Overview This section outlines that the parking requirement for a development may be reduced by up to 20% based on the provision or availability of other transport modes. Discussion This section is problematic from a parking management point of view and an interpretation point of view as follows;

• The framing of this section of the Policy indicates that the 20% concession can be seen as alternatives to providing parking bays. It is recommended that instead, concessions reduce the requirement to provide parking bays. This should be considered separately from the ways to provide parking bays. • The inclusion of a map (Appendix 2) showing public transport seems to imply an 'as of right' 20% reduction. • Limited onus on an applicant to demonstrate travel behaviour patterns or travel demand management. • Some methods of achieving concessions are given numerical discount, others are not.

It is recommended that this section of the Policy be reframed to ensure that the onus is on applicants to demonstrate where parking concessions are appropriate. Recommended principle 1. Clarify the role of parking concessions as the justification to reduce the parking requirement of a development. (Stage 1) 2. Include an objectives based criteria for parking concessions addressing; - Proximity to and suitability of public transport. - Exceeding expectation for the provision of motorcycle, scooter, gopher, bicycle parking and facilities. - Proximity to and suitability of cycling network. - Location of the development within a walkable centre. - Location of the development within a traditional strip centre. - Marketing and travel behaviour change commitments. - Provision of desirable ground floor uses in mixed use developments. (Stage 1) 3. Review the suitability of the prescribed 20% concession in light of the abovementioned discretionary criteria. (Stage 1)

Alternatives To Providing Parking Bays - Shared Parking For Mixed Use Developments Overview The Policy allows parking to be shared within a mixed use development where peak demands for parking occur at different times for different uses. The Policy also allows parking to be shared across different properties where peak demands for parking occur at different times for different properties. Discussion The Policy differentiates between shared parking (all parking on the same property) and reciprocal parking (parking shared across more than one property), but either method is considered an acceptable outcome.

The table included as an example of how to demonstrate peak parking demand is considered unnecessary and can be included in an information sheet or similar (non-statutory).

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 45 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Recommended principle 1. Retain provisions that allow shared and reciprocal parking. (Stage 1) 2. Remove example calculation table from Policy document. (Stage 1)

Alternatives to Providing Parking Bays - Cash in Lieu of Parking Overview The operation of providing cash in lieu of parking is detailed in the Policy and in TPS1. TPS1 includes the mechanism and ability for the Town to collect cash in lieu and also includes the range of project or activities the collected monies may be used for. The Policy provides further guidance on where cash in lieu of parking is acceptable and details the payment basis and collection of payments. The Policy sets out that a maximum of 25% of the parking bay requirements may be provided as cash in lieu. Appendix 3 of the Policy is a map, with shading over lots that may be considered appropriate for providing cash in lieu. Discussion The cash in lieu section of the Policy is supported by clause 23A of TPS1 which establishes a sound mechanism to accept cash in lieu. Currently the Policy is not clear in justifying the role of cash in lieu payments. A thorough review of the format and content of where the Town will consider accepting cash in lieu is warranted to guide decision making.

In the assessment of parking for an application for development approval, there is essentially five possible outcomes;

1. Parking complies, development approved. 2. Provides a reduced amount of parking, but the reduction is justified due to other factors (public transport, etc.), development approved. 3. Does not comply with parking requirements and the proposed reduction is not justified, development refused. 4. Does not comply with parking requirements, reduction is not justified, but the Town has a cash in lieu expenditure plan in place whereby a cash payment made in lieu of the parking shortfall will be used to assist transport and parking in the area, which would then justify the reduction in parking provided on site, development approved. 5. As per outcome 4, however some reduction is justified due to other factors (public transport, etc.), and some by a cash in lieu payment, development approved.

Accepting cash in lieu payments should not be seen as a 'work around' for a development that cannot provide adequate parking. Instead a cash in lieu payment should be used to improve transport and parking in the local area, thereby justifying the reduction in parking.

It is recommended that the restriction of the percentage of parking to be provided as cash in lieu is removed. This will be more flexible, particularly for additions and change of use applications. Removing this restriction will mean that decisions regarding the number of bays to be provided as cash in lieu will be linked to objectives.

Appendix 3 indicates that providing cash in lieu of parking is only acceptable in some locations. It is recommended that the current locations are too restricted and there is reason to consider that most, if not all, of the Town be subject to the same cash in lieu ability where objectives are met. It is recommended that the prerequisite to accepting cash in lieu be the existence of a cash in lieu expenditure plan. The current Appendix 3 is not clear in where cash in lieu monies are to be spent, this required review and is discussed further in this report (see Cash in Lieu Expenditure Plan). Recommended principle 1. Retain the ability to consider cash in lieu of providing car parking. (Stage 1) 2. Ensure consistency with TPS1. (Stage 1 and 2) 3. Review statements that guide where cash in lieu is considered acceptable, with a view to link the ability to accept cash in lieu with the existence of a cash in lieu expenditure plan. (Stage 2) 4. Remove the restriction on the percentage of parking that may be provided as cash in lieu. (Stage 2) 5. Review cash in lieu payment rates. (Stage 1 and Stage 2) 6. Create a new map (currently Appendix 3) to increase the areas where cash in lieu may be collected and clarify where funds collected as cash in lieu may be spent. (Stage 2)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 46 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Design And Location Of Parking - Car Parking And Design And Location Of Parking - Bicycle Parking Overview Provisions relating to amenity, traffic movement, safety, vehicle access, layout and dimensions. Discussion These sections of the Policy are generally sound however a regular review is warranted. Recommended principle 1. Review for best practice and alignment with the Town's Bicycle Plan. (Stage 2)

Parking Management Plan Overview Describes the instances where a Parking Management Plan is required to be submitted, and the information to be required in a document of this nature. Discussion It is reasonable for the Town to require a Parking Management Plan for some developments. This is a non-technical document that demonstrates the practical use and management of parking and travel.

It is recommended that it is made clear where Parking Management Plans are required and remove reference to the information sheet that is not in current circulation. Recommended principle 1. Clarify where Parking Management Plans are to be submitted. (Stage 1)

Transport Assessment Overview Describes the instances where a Transport Assessment is required to be submitted, and the information to be required in a document of this nature. Discussion A Transport Assessment is a technical report that generally addresses access to and from the proposed development. It is not clear where a Transport Assessment will be required from the current Policy. It is recommended this section be reviewed in line with the WAPC Transport Impact Assessment Guidelines. Recommended principle 1. Review section in line with the WAPC Transport Impact Assessment Guidelines. (Stage 1)

Definitions Overview A number of definitions are included in the current Policy: administration area, alfresco area, cash-in- lieu of parking, device, end of trip facilities, home store, long-stay bicycle parking, market area, mixed use development, net floor area (NFA), off street parking, public floor space, persons, reciprocal parking, shared parking, short-stay bicycle parking and shopping centre. Discussion It is common for policies to contain definitions where necessary for explanation or clarification of the policy provisions, where the term isn't already defined in the Scheme or R-Codes. The definitions should be consistent within the planning framework. Recommended principle 1. The definitions be reviewed in light of the other modifications to the Policy, R-Codes and TPS1. (Stage 1)

Appendix 1 - Traditional Strip Centres Overview The appendix highlights lots designated by the Town as 'traditional strip centres', in order to facilitate the application of a particular policy provision. Discussion At this stage it is recognised that the traditional strip centres, with an established built form, have limited opportunities to provide parking beyond what is existing. This may provide some justification for the reduction of car parking requirements. The map may be less relevant once the parking ratios have been reviewed in Stage 2 of the policy amendments.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 47 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Recommended principle 1. Retain map and review for accuracy. (Stage 1) 2. Reassess requirement for mapping. (Stage 2)

Appendix 2 - Areas With Access to Frequent and Regular Public Transport Overview Appendix 2 is a map with shading to indicate lots within 800m of a railway station and 250m of a bus route. Discussion The mapping appears to be rather crude, based on simple line and radius shapes rather than pedestrian routes and barriers. The inclusion of this map seems to be signalling an 'as of right' reduction in parking requirements for shaded lots. Recommended principle 1. The appendix be removed, as proximity to public transport is included as an objectives based concessions consideration. (Stage 1)

Appendix 3 - Cash-in-Lieu Collection Areas Overview Appendix 3 is a map with shading to indicate the cash in lieu precincts. Discussion The map restricts the Town in accepting cash in lieu of parking to specific areas. The individual precincts are small which unduly restricts where cash in lieu monies may be spent. Recommended principle 1. Create a new map to increase the areas where cash in lieu may be collected and clarify where funds collected as cash in lieu may be spent. (Stage 2)

Variations and Consultation Overview Not included in current Policy. Discussion The current Policy is not clear in establishing what the Town considers variations to the Policy and the objectives or principles that must be met. It is recommended that this is reviewed and improved. It is recommended that the Policy has overall objectives, objectives or principles that relate explicitly to granting concessions to parking rates, and objectives or principles that relate explicitly to accepting cash in lieu.

Overall, the recommended amendments to this Policy will result in more objectives based assessments, rather than a 'deemed-to-comply' environment. This will make it more difficult to determine a threshold for consulting with neighbouring land owners. It is recommended that consultation requirements are established for proposals where adjoining owners and occupiers will be affected. Recommended principle 1. Clarify Policy objectives. (Stage 1) 2. Clarify objectives or principles for parking rate concessions. (Stage 1) 3. Clarify objectives or principles for accepting cash in lieu. (Stage 2) 4. Establish consultation requirements. (Stage 1)

Cash in Lieu Expenditure Plan

As noted above, LPP3.13 and TPS1 establish a sound basis for the collection of cash in lieu payments. Clause 23A (2) of the Scheme sets out how payments made can be spent: -

Payments made under sub-clause (1) shall be paid into a special fund for the creation, management of or improvement to public parking facilities. The Council may use the money from the special fund for any purpose connected with the creation, management of or improvement to public parking facilities, including but not limited to:

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 48 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

a) the land and construction costs of public parking stations provided by Council or within a joint venture; b) the cost of creating additional parking bays within road reserves; c) the capital costs of new local public transportation infrastructure, including cycling and pedestrian facilities, shuttle bus services or real-time transit information, that are situated upon land under the control of the local government; d) parking information systems; e) security lights; f) improved pathways to access parking areas; g) upgrading the design of on-street parking facilities; h) maintaining any Council owned parking facility or related infrastructure; and i) the reasonable costs to the Council of administering this provision including professional fees and borrowing costs.

It is clear that there is a wide variety of projects and initiatives that could be funded from cash in lieu payments, however, the Town does not have a clear program of forward works or intentions in this regard. The relationship between where the money is collected and spent is also not well established in the Scheme or Policy.

Cash in lieu payments from individual developments will often be a small amount of money relative to the cost of providing parking and access infrastructure. It is also difficult to forecast when and where cash in lieu payments will be received. As a result, it can be difficult for Council, applicants and the wider community to see a clear line of sight between developments providing cash in lieu of parking and improvements to parking and access in the public realm. A cash in lieu expenditure plan is the recommended approach to document and coordinate projects and initiatives to be funded from cash in lieu payments. Projects and initiatives can be identified, costed and prioritised in a Council endorsed document that will give some certainty to both applicants and the community that cash in lieu payments will be used in an effective and timely manner. It would be recommended that the plan include a clear relationship between where the money is collected and spent.

It is recommended that a cash in lieu expenditure plan is drafted and presented back to Council for adoption.

POLICY/STATUTORY IMPLICATIONS:

In regard to local planning policies, clause 48 of the Scheme is replaced by Schedule 2, Part 2, Division 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. Clause 3(1) of the Planning and Development (Local Planning Schemes) Regulations 2015 states that the council may make a local planning policy in respect of any matter related to the planning and development of the Scheme area.

Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and Town Planning Scheme No. 1 include a range of different requirements for public consultation for different types of planning proposals, including local planning policies.

FINANCIAL IMPLICATIONS:

The recommended Stage 1 and 2 amendments to the policy and the associated advertising will be funded from the operating component of the Town's budget.

The preparation of a cash in lieu expenditure plan will require funding in FY2019/20. It is anticipated that an external consultant will be engaged to assist with the plan. External resources will be engaged in accordance with the Town's purchasing policy obligations.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 49 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following goals and strategies from the Strategic Community Plan 2018-2028:

Our Neighbourhoods

Goal 4: Neighbourhoods where individual character and quality is respected, and planning is responsive to residents

Strategy 4.3: Ensure new development is harmonious with established residences and respects our existing 'sense of place' and our unique character

Goal 5: Successful commercial, retail and residential hubs

Strategy 5.1 Ensure future planning recognises the emerging diverse role, mixed use potential and opportunities of our centres, and integrates change and growth with surrounding local areas COMMUNITY ENGAGEMENT:

The recommendations of this report have been assessed against the Community Engagement Policy. No specific consultation on the content or recommendation of this report is required at this stage. Consultation on amendments to the policy (subject to Council's future endorsement) will occur in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 and Local Planning Policy 1.2: Public Notification of Planning Proposals.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That Council ADOPTS the following two stage approach to guide the preparation of the revised Local Planning Policy 3.13: Parking for presentation back to Council:

Stage 1, by June 2019:

(a) Amendments to align with changes in the planning framework. (b) Amendments to formatting and typographical errors. (c) Clarification of the operation of the policy. (d) A shift to a more flexible, objectives based method for considering variations to parking standards.

Stage 2, by December 2019:

(a) Comprehensive review of parking ratios, with a view to greatly reduce the land use categories. (b) Reconsideration of the appropriate policy responses to parking in activity centres and public transport hubs, including the investigation of different parking ratios for transit oriented areas and suburban areas. (c) Preparation of cash in lieu collection and expenditure plan. (d) Any other amendments as triggered by the above points.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 50 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.39 LOCAL LAW 43: BUILDINGS ON ENDOWMENT LANDS AND LIMEKILNS ESTATE - OUTCOME OF REVIEW AND PROPOSED REPEAL LOCAL LAW

SUMMARY: The purpose of this report is to complete the process to review Local Law 43: Buildings on Endowment Lands and Limekilns Estate and to make a recommendation based on the findings of the review.

Local Law 43 has been in existence since 1939, with the last amendments made in 1993. Council resolved to commence a review of Local Law 43 in December 2018. Notice of the review was published and a public comment period opened. Local Law 43 contains provisions that address a number of matters, primarily relating to various town planning and building requirements. The provisions of Local Law 43 have been reviewed and are generally found to be already duplicated or covered in contemporary town planning and building legislation and policy, or no longer of regulatory concern to the Town. For this reason it is recommended that the process to repeal Local Law 43 is commenced.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.  Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Address/Property Location: Not applicable Report Date: 10 April 2019 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Brett Cammell, Manager Strategic Planning Contributing Officer: John Giorgi, JP A/CEO Christie Downie, Senior Strategic Planning Officer Reporting Officer Interest: Nil Attachments: 1. Local Law 43: Buildings on Endowment Lands and Limekilns Estate 2. Local Law 43 Review of Provisions 3. Proposed Repeal Amendment Local Law 4. Confidential Legal Advice

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 51 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

The following points provide an overview of the history of Local Law 43 Buildings on Endowment Lands and Limekilns Estate (Local Law 43):

1. The Cambridge Endowment Lands Act 1920 enabled the creation of Bylaws (later referred to as Local Laws) for a variety of purposes, including the control of land use, subdivision and development. This was reflective of the time given the first specific Town Planning legislation was not passed until the Town Planning and Development Act 1928.

2. The first appearance of Local Law 43 - Endowment Lands and Limekilns Estate in the Government Gazette was 28 July 1939, where existing Bylaws 43 and 44 were repealed. Local Law 43 has since been amended on 33 occasions, the most recent being the entry in the Government Gazette of 2 April 1993.

3. Section 42 of the Cambridge Endowment Lands Act 1920 (reprinted 2 December 2011) empowers the Town of Cambridge to make a Local Law, in accordance with the Local Government Act 1995.

4. Note 23 'Endowment Act Bylaws (transition)' of the Cambridge Endowment Lands Act 1920 provides for the continuation of Bylaws made under the Act to remain in force after 'Division Day', as if they had been made under that Act by the Town of Cambridge. Division Day refers to the formation of the Town of Cambridge from the City of Perth on 1 July 1994.

5. A report considering the repeal of Local Law 43 was presented to Council on 25 August 1998. Council endorsed community consultation on the possible repeal of Local Law 43.

6. A Notice of Motion to repeal Local Law 43 was lost on 23 February 1999, following the above period of public consultation.

7. Amendment 5 to Town Planning Scheme No. 1 was initiated in November 1999, and proposed to incorporate certain development standards of Bylaw 43 into Town Planning Scheme No 1. Upon gazettal of Amendment 5, it was intended that Local Law 43 would be repealed.

8. At its meeting of 26 April 2000, Council determined to defer the consideration of Amendment 5 to Town Planning Scheme No. 1 and repealing Local Law 43. It is unclear whether any further progress or decision was made on Amendment 5 or repealing Bylaw 43.

9. At its meeting of 18 December 2018, Council resolved to commence a review of Local Law 43.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 52 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DETAILS:

Legislative Context

To assist in the discussion of this matter, it is useful to provide some context for the legislation around Local Law 43 and its contents.

Local Law 43 is made pursuant to the powers of the Cambridge Endowment Lands Act 1920 and the Local Government Act 1995.

The Planning and Development Act 2005 is the primary Act that provides for a system of land use, planning and development, and the Building Act 2011 is the primary Act that provides for a system of building control and sets standards for building work.

Local Law 43 and Town Planning Scheme No. 1 (TPS1) are both subsidiary legislation.

The Town has sought legal advice on a number of matters relating to the local law to assist in the review process.

Review of Status of Local Law

Since the first appearance of Local Law 43 in 1939, planning and building regulation has evolved considerably and there are more modern enabling pieces of legislation (Acts) that are more commonly the head of power for planning and building matters. Local Law 43 now sits within a framework that also includes TPS1, state and local planning policies (including the R-Codes) and the Building Code of Australia. This has led to a number of problems with the enforcement and operation of the local law.

From an administrative point of view, it is preferable that development control is contained within a minimum number of instruments, and in a way that is generally common. This enables a clear line of sight for land owners and clear approval and enforcement capabilities for decision makers. The discussion in this report centres on the planning framework as the best environment to continue the regulation of most matters addressed in Local Law 43.

In practical terms, the 'approvals' referred to in Local Law 43 have been absorbed into applications for development approval, and Local Law 43 has been applied similarly to a local planning policy.

In the current planning framework, Local Law 43 is considered superseded on a number of fronts;

• Clause 6(2) of TPS1 states; 'where a provision of this Scheme is inconsistent with a provision of a local law, the provision of this Scheme prevails.' • The deemed provisions for local planning schemes (enabled by the Planning and Development Act 2005) have effect as part of the Scheme and prevail over any other provision of the Scheme (to the extent of any inconsistency), linking back to point one. • Within TPS1 is the requirement for residential development to comply with the R- Codes, therefore the R-Codes will likely prevail over inconsistencies with Local Law 43.

Other provisions within Local Law 43 are superseded by non-planning legislation, and some remain in force. These are discussed further below and in Attachment 2.

As a result of the uncertainty described above, it appears the application of Local Law 43 has been incomplete over recent years, further diluting its force and effect.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 53 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Review of Local Law Provisions

The provisions of Local Law 43 reflect the development control required at a time when there was no planning scheme for the area. Most of the intent of the local law is sound, in that it seeks to control the use and development of land, similar to the overall intent of a planning scheme. The precise wording of the provisions is now problematic as conflicts, as described above, have evolved.

A review has been undertaken to provide comment on each provision of Local Law 43 (see Attachment 2). Most of the comments provide detail on where a similar or equivalent provision can be found in more contemporary legislation. Where a provision of Local Law 43 is not superseded elsewhere or further discussion is required, this is provided below.

Setbacks to Drabble Road and Perina Way

Local Law 43 identifies the grouped dwelling developments surrounding Ocean Village as subject to special development requirements. The land is now zoned 'Residential R30' which allows the Scheme zone and R-Codes to supersede the majority of the clause. However this clause in the local law indicates a setback to Drabble Road and Perina Way of 25 feet (approximately 7.5 metres). As the R-Codes apply to these lots, arguably the local law already has limited effect in establishing an alternative setback requirement. The minimum 7.5 metre primary street setback and 3.75 metre secondary street setback requirement for the City Beach Precinct of clause 20(a) of TPS1 does not apply to these developments. Should the Town wish to require a 7.5 metre setback to Drabble Road or Perina Way an alternative instrument must be drafted.

Occupation of Ancillary Dwellings

Local Law 43 includes provisions relating to self-contained accommodation, now commonly referred to as ancillary dwellings. Controls regarding the development of ancillary dwellings are now adequately contained in the R-Codes and the R-Codes do not include any restriction on the occupation of these dwellings. This presents an uncertain statutory environment where it could be argued that while the planning framework allows for the development of an ancillary dwelling, Local Law 43 restricts the occupancy of this dwelling to a relative of the 'main' dwelling. This could mean that for a non-relative to occupy an ancillary dwelling, an approval under the local law would be sought. It is not common practice for the Town to issue approvals under Local Law 43 so the form of this approval is unknown. An approval under Local Law 43 would be an approval under the Local Government Act 1995, rather than a planning instrument. Ultimately it is considered unlikely that an argument of this type to restrict occupation on an ancillary dwelling could be sustained given the conflict between the local law and state planning policy (R-Codes).

Fences in the Front Setback

Clause 4(4) of Local Law 43 states;

'No fence, wall or hedge on or within 20 feet (six metres) of a street alignment shall, without the written permission of the Council, be of a greater height than four feet (1.2 metres) above the street level and no person shall cause or permit to exist on land under his control any fence wall or hedge in breach hereof.'

Depending on the lot in question fences and walls within the front six metres of a lot will be controlled by TPS1, Local Planning Policy 3.1: Streetscapes and/or the R-Codes. With the exception of maintaining safe visual sightlines, hedges (or any other vegetation) are not controlled elsewhere in the development framework to the extent that this clause suggests.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 54 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Building Materials

Clauses in the local law specify that buildings (including carports) 'shall be constructed of brick, stone, concrete or similar material, or of brick veneer'. A clause to this effect has been included in Local Law 43 since its first publication in 1939. It is reasonable to suggest that at this time, and up until widespread development of the Endowment Lands, this kind of restriction was necessary to ensure that cheap, temporary and less aesthetically pleasing construction materials were not used in the area. It is no longer considered necessary to control or regulate the use of materials in this way. Modern dwellings are constructed of suitably high quality materials in order to satisfy building legislation and the demands of consumers. In addition, restricting building materials may stifle innovation in the home building industry, particularly in regards to the use of sustainable, recycled and energy efficient materials.

Roofing Materials

Local Law 43 includes provisions to restrict roofing materials for all buildings and to restrict the reflectivity of roofs greater than 5° pitch. Similar to the discussion regarding building materials above, it is no longer considered necessary for a local law to prescribe roofing materials as building legislation will ensure roofing materials are fit for purpose.

The issue of roof reflectivity requires greater consideration. The local law provision states that roofs with a pitch of more than 5° shall not be constructed of metal sheeting having a solar reflectivity index exceeding 40%. Most domestic roofs will have a pitch of greater than 5° and will be captured under this provision. In practical terms this restriction is taken as a restriction of Zincalume and Surfmist metal sheeting roofs. This blunt restriction is not considered robust, as it does not give an indication of the actual purpose of the restriction. Issues with attempting to regulate roofing materials reflectivity as per Local Law 43 include;

• The provisions neglect consideration of the reflectivity of non-metal materials (including glazing). • Lighter coloured, more reflective roofs absorb less heat. • The provision does not consider modern materials (such as matte finishes) and the wide variety of products available today. • The provision makes no allowance for topography, roof height or orientation, which are all important in the ultimate impact of reflective materials. Glare issues are likely to be presented from the south of a reflective surface. • The Town does not, and cannot, independently verify if a reflectivity index of 40% is an appropriate threshold, or if any particular material meets this reflectivity index. • A desktop review of aerial photographs indicates many roofs in the local law area that appear to be of a light colour, possibly exceeding 40% reflectivity index.

The issues above are not identified to suggest that reflective materials cause no impact to neighbouring properties, but to highlight the problem of prescribing reflectivity limits as a statutory tool. Instances of reflective materials causing amenity impacts are likely to be rare and mitigation should be considered on a case by case basis.

Local Planning Policy 3.1: Streetscape currently includes section 3.1.11 - Roof Reflectivity which brings provisions very similar to those in the local law into policy. In March 2019 Council adopted a set of principles to guide a review of LPP3.1: Streetscape, one of the principles being to delete the provisions relating to roof reflectivity from the revised Policy. Similar commentary around the difficulty of controlling the amenity impacts of reflective roofs was provided in the March 2019 report.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 55 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Identical Buildings on Adjoining Lots

Local Law 43 restricts the building of 'identical or nearly similar' dwellings on adjoining lots. At a certain point in time it may have been necessary to specifically require some variation in housing designs. This is not addressed in the planning or building framework and is no longer considered necessary. In any event, the established nature of the suburb and the market driven re-development of established lots means the risk of this outcome is negligible.

Number of Shops per Lot

The local law places a restriction on the number of shops allowable on any one lot (within commercial areas). The simple number of shops or tenancies on any one lot is not in itself a contemporary measure of the appropriateness of a development. Assessments of applications for commercial developments address a broad range of requirements (plot ratio, setbacks, access and parking, etc.) that are considered adequate.

Penalty

The Penalty section of the local law is necessary only for the administration of the local law. In practical terms, any infringement of planning or building standards would likely be pursued in accordance with the Planning and Development Act 2005 or Building Act 2011. There is an argument to suggest that this section of the local law is unenforceable even under the Local Government Act 1995 as the penalties imposed exceed the maximum penalty set out in the Cambridge Endowment Lands Act 1920, which is considered immaterial in any case (maximum penalty $40).

Public Notice of the Review

Public notice of Council's intention to review Local Law 43 was published in the Post and The West Australian newspapers on 5 January 2019, and displayed at the Administration Building, Library and on the Town's website. The public submission period was open for around eight weeks, closing 5 March 2019. One submission was received during this period.

The submission is summarised as follows:

• Opposed to the ability to amend the single residential nature of Endowment Lands. • Supports unique by-laws for the Endowment Lands area. • Retain Endowment Lands as single residential area. • Opposed to the general discretion available to grant variations to the local law, including street setback requirements. • Concern with allowing non-related persons to reside in ancillary dwellings. • Notes that modern developments often exceed the twelve months prescribed in the local law. • Concern with granting retrospective planning approvals. • Comments relating to good governance.

The points raised in the submission are noted. The earlier discussion relating to the review of the status of Local Law 43 is most relevant to the submission. The points raised in the submission mostly relate to parts of the local law that have been superseded (or at least augmented) by the modern planning framework. It is not possible to amend the local law in a way that will give it primacy over TPS1 and the deemed provisions. Comments relating to retaining the unique, single residential nature of the Endowment Lands are now best directed to local planning policies and amendments to TPS1.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 56 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Completing the Local Law Review

As this report details an administrative review of Local Law 43 and considers the submissions (one) made during the review period, Council must now determine by absolute majority whether or not it considers that the local law be repealed or amended. It is recommended that Local Law 43 be repealed. A decision on this matter will complete the review process.

The repealing (or amending) of a local law is, in fact, the making of a new local law and follows a separate statutory process. A suitable repeal local law has been drafted and is attached to this report (Attachment 2). The purpose of this local law is to repeal Local Law 43: Buildings on Endowment Lands and Limekilns Estate as it is no longer considered necessary, and the effect of this local law is that Local Law 43: Buildings on Endowment Lands and Limekilns Estate will be repealed.

The next step in the repeal process is to give Statewide and local notice of the proposal and invite public submissions over a period of at least six weeks. A copy of the proposed local law is also to be sent to the Minister for Local Government. Following this, Council will again consider the repeal and make a determination.

If Council determine that the local law should not be repealed, a resolution should be made as to if the local law should be amended or remain as is. If it is determined that the local law should be amended, further work will be required to identify the amendments and draft an appropriate amendment local law.

POLICY/STATUTORY IMPLICATIONS:

Repealing or amending a local law is, in fact, the making of a new local law. Section 3.12 of the Local Government Act 1995 sets out the procedure for making local laws.

FINANCIAL IMPLICATIONS:

Funds are available in the Operating Budget to undertake the repeal process.

STRATEGIC DIRECTION:

The recommendations of this report are consistent with the following aspects of the Town's Strategic Community Plan 2018-2028:

Our Council

Goal 9: Transparent, accountable governance Strategy 9.1 Implement initiatives that strengthen governance skills, transparency and knowledge COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The public notice and submission period as required by Section 3.12 of the Local Government Act 1995 is considered sufficient community consultation for this matter.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 57 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That:-

1. The Council APPROVES BY AN ABSOLUTE MAJORITY to repeal Local Law 43 Buildings on Endowment Lands and Limekilns Estate;

2. In accordance with Section 3.12(3)(a) and (3a) of the Local Government Act 1995 and the Cambridge Endowment Lands Act 1920, Council commences the law- making process, for the Town of Cambridge Buildings on Endowment Lands and Limekilns Estate Amendment Local Law 2019, the purpose and effect of the local law being as follows:

Purpose:

The purpose of this local law is to repeal Local Law 43: Buildings on Endowment Lands and Limekilns Estate as it is no longer considered necessary.

Effect:

The effect of this local law is that Local Law 43: Buildings on Endowment Lands and Limekilns Estate will be repealed;

3. In accordance section 3.12(3)(a) of the Local Government Act 1995 Council gives public notice stating; that it proposes to make a repeal local law, where the proposed local law may be inspected, and when submissions about the proposed local law may be made;

4. In accordance with Section 3.12(3)(b) of the Local Government Act 1995, a copy of the proposed local law and notice is to be given to the Minister for Local Government; and

5. Requests that, after the close of the public notice period, a report be submitted on any submissions received on the proposed local law to enable the Council to consider the submissions made and to determine whether to adopt the local law in accordance with Section 3.12(4) of the Act.

Committee Meeting 16 April 2019

During discussion, Members suggested that consideration of the repeal of Local Law 43 should be deferred until after the review of the Town Planning Scheme as some provisions may still remain relevant.

Motion put and LOST (1/4)

For: Cr Nelson Against: Mayor Shannon, Crs Carr, Everett and McKerracher

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 58 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

COMMITTEE RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Everett

That Council DEFERS consideration of the repeal of Local Law 43 until after the review of the Town Planning Scheme.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 59 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.40 WALKING TRAIL STRATEGY 2018-2021 - IMPLEMENTATION AND SEATING COSTS - FURTHER REPORT

SUMMARY:

The Town's Walking Trail Strategy 2018-2021 was adopted on 23 October 2018 and included approval to establish the City Beach North - Trail 2 as a local pilot project. Council requested a report to present the costs associated with the seating areas within each walking trail prior to the 2019/2020 budget approval and to commence trail marking.

The aim of the Walking Trail Strategy is to build upon existing assets to recognise, promote and guide the development of walking trails and encourage greater accessibility to our natural areas and open spaces for people of all abilities.

This report provides detailed costing for the phased implementation of the pilot trail as well as seating requirements for the trails identified in the Walking Strategy. The installation of seating and mapping, for the pilot trail, is recommended in the upcoming financial year and the installation of signage, permanent directional markers and drinking fountains is to be phased over the subsequent financial year. Further trail development and seating installation is also recommended over subsequent financial years.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.  Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.  Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 18 March 2018 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Brett Cammell, Manager Planning Strategies and Economic Development Contributing Officer: Janine Roets, Sustainability Officer Reporting Officer Interest: Nil Attachment(s): N/A

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 60 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

BACKGROUND:

On 23 October 2018, Council decided as follows:-

1. ADOPTS the Draft Town Walking Trail Strategy 2018-2021 as shown in Attachment 1 and amended as follows:

On page 11 of the Draft Town Walking Trail Strategy delete "could" and replace with "should". Also, the addition of the following words at the end of the last paragraph "Directional markers should be progressed immediately with a schedule prepared for the installation of benches and water fountains for consideration in the 2019/20 budget."

2. ESTABLISHES the City Beach North - Trail 2 as a pilot local trail;

3. ADVISES all persons who made a submission of Council's decision; and

4. REQUESTS a report be presented prior to the 2019/20 budget being approved, detailing the cost of seating areas within each walking trail.

The actions from points 1 and 3 are complete. This report presents:

• Infrastructure costs associated with implementing City Beach North - Trail 2 for Council's consideration in the 2019/20 budget, as per Point 2 above; and • Costs of seating areas for each of the future trails idenitifed in the Walking Trails Strategy, as per Point 4 above.

The initial focus of the strategy was to connect natural areas and open spaces within the Town, however, public consultation highlighted the additional need to consider accessibility and inclusion when planning and designing trails. In addition to creating a greater sense of community, the Town's Age Friendly Community Plan is supported by providing safe spaces for walking and ensuring access to local facilities via trails that support residents of all abilities.

DETAILS:

City Beach North - Trail 2 - Pilot Trail

City Beach North Trail 2 was adopted as a pilot trail in October 2018 with the route shown in Figure 1 below. The route provides inland views across the Golf Course and expansive ocean views with moderate inclines and connects parks and public facilities. Empire Village provides a start and finishing point with excellent amenities.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 61 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Figure 1 - City Beach North Trail 2, pilot trail, indicated in purple. Future trails are indicated in orange and green.

Seating

The pilot trail was walked and assessed by Infrastructure Works and members of the community. The need to consider accessibility and inclusion was further highlighted during the community walk, especially the requirement to install accessible seating and installing seating at adequate intervals. Seats are proposed in locations that do not affect private property or impede on access. Existing seats were taken into consideration.

Accessible seats are ergonomically designed and have arms rests allowing people with limited mobility to stand up.

Seating locations are proposed in areas where dual use is supported, thus locations are proposed near other public facilities including Council parks, Kapinara Primary School, Empire Village southern entry and along paths that are frequently used by local walkers. The location of existing seats (4) and proposed new accessible seats (7) are indicated in Figure 1, and are located so the maximum distance between seats is approximately 400 metres. The total trail distance is 3.2 kilometres.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 62 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Figure 2 - Community members participating in the assessment of the City Beach Pilot Trail

Interpretive signs

Interpretive signs are proposed to indicate the route, seat locations, the distance between seats, drinking fountain locations and amenities. The installation of interpretive or 'you are here' signs at 5 locations along the route is proposed, see locations in Figure 1. The proposed signs will be similar to the Heritage Trail signage, see Figure 3 as an example.

Figure 3 - Town of Cambridge Heritage Sign - Interpretive Sign

Drinking Fountains

The installation of drinking fountains is recommended in 5 locations that support dual use. Two fountains along the western and eastern end of The Boulevard would service the proposed bike path. The remainder of the fountains are proposed in Gifford Park, Tilton Park and Chipping Park, see Figure 1 for proposed locations. All locations are serviceable by the Water Corporation.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 63 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Directional Signage

Initially, temporary directional signage will be installed by stencilling the footpath surfaces. Permanent marking of the route will be completed in conjunction with the Infrastructure Works maintenance programs. Below is an example of an existing permanent regional trail marker.

Figure 4 - Regional Trail permanent directional signage

Mapping

Maps will be produced to indicate the route and infrastructure locations. Hardcopies will be available to the public and electronic formats will be available on the Town's website. Maps will be produced to allow for inclusion by having more contracting colours and clearer fonts.

Figure 5 - Example of the Regional Trail maps with contrasting colours

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 64 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Pilot Implementation - staged approach

A staged roll out of the project is recommended with temporary stencilling, as well as map design and production, being undertaken this financial year to the amount of $2,400. An amount of $2,500 was budgeted for the initial pilot trails development during this financial year (2018/2019).

The installation of accessible seats is requested in the 2019/2020 financial year under the Parks capital budget allocations to the amount of $24,500 and includes the installation of concrete pads.

Signage, mapping and the installation of drinking fountains are to be completed in the 2020/2021 financial year, allowing for consultation with Infrastructure Works and Infrastructure Parks and will facilitate greater alignment of projects.

Infrastructure Amount Cost Financial Year Cost Allocation Location

Directional Marking - 30 Stencil production 2018/2019 Sustainability Temporary $400 Programs stencilling on paths (3.2 kilometres)

Trail map design Map design and initial 2018/2019 Sustainability printing: Programs $2,000 Total - Stage 1 $2,400 2019/2020

Accessible Seats 7 $3,500 per seat, including all 2019/2020 Parks - Capital associated costs Total for 7 seats: $24,500

Total - Stage 2 $24,500 2019/2020

Interpretative/ You 5 $2,800 per sign, including all 2020/2021 Parks - Capital are here Signs associated cost Total for 5 signs: $14,000

Drinking Fountains 5 $5,700 per drinking fountain, 2020/2021 Parks - Capital including all associated costs Total cost for 5 fountains: $28,330

Directional Signage 30 $100 each for manufacture 2020/2021 Parks - Capital and installation Total cost for 30 signs: $3,000

Mapping Inclusion of route on Google 2020/2021 Sustainability Maps and map production Programs Total: $3,000

Total - Stage 3 $48,530 2020/2021 Project Total $75,430

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 65 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

It is recommended that Council support the implementation costs indicated above for consideration in the 2019/20 and 2020/21 budgets.

Walking Trails Strategy - Seating Costs

The following information is provided in response to Point 4 of Council's resolution on 23 October 2018.

The Walking Trails Strategy identified 4 new trails and 4 linkages between existing trails, in addition to the 5 existing trails in the Town. The following table summarises the seating infrastructure considered necessary on these trails to provide more frequent rest points and accessible seating.

Trail Name Number Costing Comment Financial Year of Seats ($3,500 per seat) Wembley Golf 6 $21,000 No seating present along To be Course the proposed trail. determined (±3 kilometres) Wembley 2 $7,000 Estimate only, accessible 2020/2021 Wetlands Trail seating proposed along (±4 kilometres) Lake Monger. Sunset Coast 4 $14,000 Allowing for accessible 2020/2021 Walk seating between City (±2.3 kilometres) Beach and Floreat Beach. Perry Lakes 2 $7,000 Seating in place along 2020/2021 Heritage Trail the boardwalk, additional (±1 kilometres) accessible seats required along the southern and northern section. (Between Meagher Dr and the east lake City Beach North 11 $38,500 Additional accessible 2021/2022 Trails (1 and 3) seats are proposed to (±10 kilometres) supplement existing parks seating. 2020/2021 $28,000 2020/2022 $38,500 Total $87,500

Note: All seating locations are proposed along existing paths and Council open spaces. The trail costing does not allow for signage or mapping, these costs will be specific to each trails.

Grant funding

Grant funding is available through the Department of Local Government, Sport and Cultural Industries and Lotterywest for initiatives such as walking trails. The Town will investigate these grants further however at this stage, the above costs assume all the costs will be borne by the Town.

POLICY/STATUTORY IMPLICATIONS:

There is no Policy or Statutory Implications related to this report.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 66 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

FINANCIAL IMPLICATIONS:

Funding for the pilot project roll-out is recommended as follows:

Stages Cost Financial Year Cost Allocation Location

Stage 1 $2,400 (Allocated) 2019/2020 Sustainability Programs Stage 2 $24,500 2019/2020 Parks - Capital Stage 3 $48,530 2020/2021 Parks - Capital and Sustainability Programs Total $75, 430

Seating costs for the Walking Strategy trails are proposed as follows:

Trails Cost Financial Year Cost Allocation Location

Wembley $28,000 2020/2021 Parks - Capital Wetlands, Sunset and Perry Lakes Heritage trails (7.3 kilometres) City Beach $38,500 2020/2022 Parks - Capital North (10 kilometres) Total $87,500

It is recommended that Council support in principle the above amounts for future consideration in the respective budgets.

STRATEGIC DIRECTION:

Our Community

Goal 1: A sense of community, pride and belonging

Strategy 1.1 Encourage and support participation in a range of public activities and events where residents can gather and interact

Goal 2: Quality local parks and open spaces for the community to enjoy Strategy 2.2 Improve the maintenance and provision of amenities in our local parks and district open spaces reflecting local values and priorities and the broader regional demand on facilities

Goal 3: An active, safe and inclusive community Strategy 3.1 Focus on improving and expanding those places where community groups interact to encourage greater participation Strategy 3.2 Continue to deliver more programs which support local clubs and community groups and their capacity to run their community activities Strategy 3.3 Encourage a range of activities that better align with the diverse needs of ratepayers of all ages, cultures and abilities Strategy 3.4 Act to create and maintain safe, friendly and open environments that residents can access and enjoy

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 67 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

COMMUNITY ENGAGEMENT:

In addition to the community engagement undertaken during the development of the Walking Strategy community members were invited to walk and assess the pilot route. Invitations were published via the Cambridge News, posters and social media platforms.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That Council:-

1. NOTES the temporary stencilling and mapping being undertaken to commence implementation of the pilot trail - City Beach North Trail 2 in Financial Year 2018/19;

2. SUPPORTS for consideration in the 2019/20 and 2020/21 Budgets the following implementation costs for Stages 2 and 3 of the City Beach North Trail 2:

Stage Cost Financial Year Cost Allocation Location

2 $24,500 2019/2020 Parks - Capital 3 $48,530 2020/2021 Parks - Capital and Sustainability Programs Total $75, 430

3. SUPPORTS for consideration in the 2020/21 and 2021/22 Budgets the following implementation costs for the New Trails identified in the Walking Trails Strategy:

Trail Cost Financial Year Cost Allocation Location

Wembley $28,000 2020/2021 Parks - Capital Wetlands, Sunset and Perry Lakes Heritage trails (7.3km) City Beach North $38,500 2020/2022 Parks - Capital (10km) Total $87,500

4. INSTRUCTS the Town to investigate and apply for relevant grants to assist funding the implementation of the Walking Trails Strategy.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 68 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.41 DRAFT HERITAGE REGULATIONS 2019 - SUBMISSION

SUMMARY:

The Heritage Act 2018 was recently passed through the Western Australian Parliament and is anticipated to come into operation once supporting regulations have been adopted. The Department of Planning, Land and Heritage (DPLH), on behalf of the Heritage Council of Western Australia, are seeking public comment on the draft Heritage Regulations 2019 and draft Guidelines for Local Heritage Surveys.

It is recommended that Council endorse a submission to be made to the DPLH as detailed in this report.

AUTHORITY / DISCRETION

 Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Address/Property Location: N/A File Reference: N/A Report Date: 26 March 2019 Responsible Officer: Marlaine Lavery - Director Planning and Development Reporting Officer: Brett Cammell - Manager Strategic Planning Contributing Officer: Kimberley Macphail - Senior Strategic Planning Officer Reporting Officer Interest: Nil Attachments: Nil (documents available via hyperlink in Background section)

BACKGROUND:

The Heritage Act 2018 ('Heritage Act') was assented on 18 September 2018 and will replace the Heritage of Western Australia Act 1990. Before the Heritage Act can be proclaimed (comes into force) supporting regulations must be approved by the Governor.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 69 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

The Heritage Act continues many of the provisions and approaches of the current Act and introduces new features including:

• a streamlined process for entering a place in the State Register; • increased transparency and more certainty regarding the entry, amendment and removal of places from the State Register; and • mechanisms for protection of important heritage places that are common in all Australian jurisdictions via the new Repair Order provisions.

The draft Heritage Regulations 2019 ('Regulations') have been prepared in accordance with section 164 of the new Heritage Act to address matters that are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, to enable the Act to function effectively. The draft Regulations are divided into six parts:

• Part 1 - Preliminary; • Part 2 - Heritage Council of Western Australia; • Part 3 - State Register of Heritage Places; • Part 4 - Repair Notices; • Part 5 - Proposals Affecting Places of Heritage Interest; and • Part 6 - Miscellaneous (which covers notifications, consultation and advertising).

In addition, Local Government Inventories are now termed Local Heritage Surveys ('LHS') under Part 8 of the Heritage Act. The new requirements aim to clear up ambiguities about the scope, purpose, and maintenance of such 'surveys' under the current Act. The DPLH has prepared draft Guidelines for Local Heritage Surveys, as required by the new Act, to assist local governments with the preparation and review of local heritage A Town officer attended a workshop on the draft Guidelines held by Western Australian Local Government Authority and the DPLH on 21 March 2019.

The Heritage Act, draft Heritage Regulations, draft Guidelines and supporting information can be viewed on the Heritage Council of Western Australia's ('Heritage Council') website: www.stateheritage.wa.gov.au/about-us/acts-policies/heritage-act-2018. The DPLH, on behalf of the Heritage Council, is seeking public comment on the draft Heritage Regulations 2019 and draft Guidelines for Local Heritage Surveys by Friday 3 May 2019.

It is recommended Council make a submission given the Town owns of places entered on the State Register, and is a public authority with regulatory responsibilities under the Heritage Act. The draft Regulations do not cover all matters that may be prescribed under the new Act. Further Regulations will be prepared once the Heritage Act comes into force. As such, this report outlines aspects of the Heritage Act relevant to the context of the draft Regulations and Guidelines and is not a comprehensive examination of the overall heritage framework.

The DPLH have informally indicated that the new Heritage Act and Regulations are anticipated to come into force after July this year. A series of information sessions are proposed to be held between May and July and further information will be reported to Council as required.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 70 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DETAILS:

Draft Heritage Regulations 2019

Part 1 - Preliminary and Part 2 - Heritage Council of Western Australia The first Part provides details on the commencement and terms used in the draft Regulations. Part 2 prescribes matters relating to the compilation and operation of the Heritage Council, and management of its meetings. The draft regulations Part 1 and 2 are administrative and procedural in nature and it is recommended that a submission of no objection be provided.

Part 3 - State Register of Heritage Places The new Heritage Act replaces the two-stage (interim and permanent) registration method with a streamline process for the entry of a place on the State Register of Heritage Places. New requirements for adding, amending and removing places from the State Register identify certain procedural matters to be prescribed in the Regulations. Part 3 of the draft Regulations predominantly set out how requests for review may be made and the timeframes in which the Heritage Council and/or Minister for Heritage ('Minister') must deal with these requests. Regulations on consultation and advertisements are detailed under Part 6.

Draft Regulations 28, 29 and 30, which provide for public access to the Register, the prescribed form and content of the Register and the process for nomination for entry in the Register, are based on current practices.

The time periods (included in draft regulations 30, 31, 32, 33, 34 and 35) are intended to provide a measure of certainty and accountability in the assessment process. It is proposed that within 60 days of receiving a nomination or request to amend or remove a place, the Heritage Council is required to determine whether the nominations and request warrants further consideration, and, the Minister must give direction whether to add, amend or remove place from the State Register within 30 days of receiving a recommendation report from the Heritage Council.

It is considered that an additional regulation is required with respect to removing a place from the State Register. Section 48(4) of the Act outlines that if the Heritage Council decides the request does not warrant further consideration, the owners may, in accordance with the regulations, request the matter be referred to the Minister, who within the prescribed time is to either confirm the Heritage Council’s determination or direct it to undertake detailed consideration. Draft regulation 34 prescribes the timeframe within which the Minister is to act on a request referred under section 48(4) but the regulations do not provide for how an owner is to make this request.

Section 53(1) states the Heritage Council must review and update a Statement of Significance of a State Registered place in accordance with the Regulations. Draft Regulation 36 specifies that the Heritage Council must review the statement of cultural heritage significance whenever errors or inaccuracies are brought to its attention by any person. This appears to address when a review must occur but not how this review is to be undertaken. Further it is unclear how the Heritage Council must make amendments to the state of cultural heritage significance of a State Registered place which under section 47(1) is required to undertaken in accordance with the Regulations prescribed for the purpose of section 53(1).

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 71 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Given the administrative nature of the draft regulations under Part 3, it is recommended that the Town indicates its general support for the proposed provisions and recommend that the draft Regulations also prescribe:

• how requests under section 48(4) are to be received and the information to be provided; • matters that must be included in Statements of Cultural Heritage Significance in accordance with section 52(2); and • the procedural matters for the review and amendment to Statements of Cultural Heritage Significance for State Registered places as per section 53(1).

Part 4 - Repair Notices

Repair Orders are a new feature of the Act which enables the Heritage Council or Minister to address cases of neglect of State Registered places by requiring works to prevent irreversible deterioration of the place.

Before a Repair Order can be issued, the Heritage Council must give a notice to the owner or occupier of a place via a Repair Notice under section 64 of the Act. If the works listed in the Repair Notice are not completed by the specified date, the Heritage Council will advise the Minister to issue a Repair Order. Repair Orders may be reviewed by the State Administrative Tribunal. A similar provision is available under the Planning and Development (Local Planning Schemes) Regulations 2015 ('Planning Regulations') for local governments to require repairs to a local Heritage Listed places that not being properly maintained.

The Heritage Council’s supporting Policy for Repair Notices and Orders states that notices and orders are only considered necessary when all attempts to negotiate an acceptable heritage outcome with the owner or occupier have failed and the place is at significant risk. The process and extent of prior engagement appears to be a Policy objective rather than a requirement of the Act or Regulations.

This part of the draft Regulations relates to Repair Notices.

Draft Regulation 37 prescribes the kinds and extent of neglect that may be considered to require a repair notice to be issued. The types of neglect are focussed on at weaken or impact the structural integrity of a place. For this reason, it is taken that the Repair Orders part of the Act is not intended to address neglect that could occur to State Registered places or aspects of State Registered places that are not built structures.

The Heritage Council's discussion paper on the draft Regulations states that regulation 38 'sets out the requirements for the Heritage Council to consult with the owner or occupier to whom a repair notice is given…and the timeframes in which this needs to occur', and that ‘comprehensive consultation with the land owner’ is required a Repair Order will be issued.

Subsection 64(4) outlines that the regulations must prescribe steps to be taken by the Heritage Council to afford the owner or occupier of the place opportunities for consultation and negotiation with the Heritage Council regarding the repair works. Under section 65(2) of the Act, the Minister must not issue a Repair Order unless the Heritage Council has taken the prescribed steps for consultation and negotiation.

The draft Regulations outline that the consultation provisions under draft regulation 45 (detailed in Part 6 – Miscellaneous below) apply if the Act does not otherwise specify the manner in which consultation must be carried out. Section 64(4) and the heading of draft regulation 38 imply the consultation requirements under draft regulation 45 are not

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 72 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019 applicable to Repair Notices. However, it is not clear if this is necessarily the case because Part 4 of the draft Regulations does not directly specify the manner in which the consultation must be carried out. Further to this, draft regulation 38(3) indicates that contact under Regulation 38(1) is a form of giving notice given no other method for how contact may be made is prescribed. The Act gives the impression there is a difference between giving notice (in accordance with section 163 and regulations 43 and 44) and consulting (in accordance with the regulation 45). From this perspective, draft Regulation 38 seems to be a mechanism to demonstrate fulfilment of section 65(2) noted above rather than a genuine attempt to meet the implied intent of section 64(4)(a). In either case, the 10 day invitation timeframe for a meeting to negotiate matters raised in the Repair Notice provided under regulation 38(1)(b) is considered reasonable, given the Policy for Repair Notices and Orders includes that the Heritage Council will have engaged with owners or occupiers prior to issuing a repair notice.

For these reasons, it is recommended that the draft Regulations include clear direction whether consultation for the repair notices is to be undertaken in accordance with regulation 38 or 45. The following comments are also provided on the Policy on Repair Notices and Orders:

• Provision 3 - matters that are to be included in the Notice should be prescribed in the Regulations as per Section 64(3). • Policy provision 8 - section 132 only seems to apply to owners of the place to which a repair order relates, not to the person who the repair order was issued.

Part 5 - Proposals Affecting Places of Heritage Interest

This Part contains regulations relating to the referral of proposals to the Heritage Council for consideration and advice under Part 5 of the Heritage Act. Section 71 defines the term proposal to include:

• any application for development approval (as defined by the Heritage Act); • any project, plan, programme, policy, public work, operation or undertaking for or relating to the development of any land owned, occupied or managed by a public authority; and • any other proposal by a public authority to exercise any of its powers in a way that would or might significantly affect the physical character of any land.

It is important to note that the Heritage Act definition for development approval covers applications for development approval under the Planning and Development Act 2005 ('Planning Act') and any approval, authorisation, consent, or permission under any other written law to do anything that would or might significantly affect the physical character of any land.

The Act allows for the Regulations to identify additional types of proposals that are subject to as well as exempt from the referral requirements. Existing referral requirements for subdivision approvals are maintained through draft regulation 39 and supplemental amendments proposed to section 137 of the Planning Act. Draft Regulation 40 exempts all matters that are currently exempt under the Heritage of Western Australia Regulations 1991 (maintenance, repair, minor alterations using like for like materials). It also introduces that building and demolition permits are exempt if the Heritage Council has already provided advice on a preceding proposal such as a development application.

Under section 73, decision makers are required to refer proposals that may affect a State Registered place or a place subject to a protection order or heritage agreement, even if the proposal is not directly related to that place. This referral must occur as soon as practical

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 73 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019 after the decision maker becomes aware of the proposal. In response, the Heritage Council must advise on the heritage aspects of the proposal with a view to protecting the cultural heritage. Draft regulation 41 prescribes that this advice must be provided to the decision maker within a 42 day period. This is consistent with the timeframe for consultation with public authorities on development applications under the Planning Regulations but may impact on statutory timeframes for other planning proposals.

Section 75 details how the decision maker must incorporate the advice in its decision on a referred proposal (this feature is nearly identical to the terms of the current Act) and requires the decision maker to notify the Heritage Council of the outcome of its determination. Draft regulation 41 prescribes that this notification must occur within 10 days of the decision.

It is recommended the Town provide the following comments on Part 5 of the draft Regulations.

No objection to draft regulation 39 provided that 'application for subdivision approval' is clarified as an application for approval of subdivision under the Planning and Development Act 2005.

Draft regulation 40 exemptions are supported but draft regulation 42(2) is considered to be superfluous as it duplicates section 73(4)(a) of the Heritage Act. The following matters are requested to be considered for exemption:

• development applications for Use, particularly where a change of use development application does not include a works component; and • a class of decision makers in order to distinguish responsibilities, and avoid duplication of referral where different public authorities are required to make decisions or recommendations on an individual proposal.

It is considered that the Act provides flexibility for the Regulations to clarify procedural application and responsibilities for:

• proposals 'may affect a place even if it is not directly related to a place' under section 72(2); • when a decision maker ‘becomes aware of a proposal’ under section 73(2). For example, the recently introduced State Planning Policy 7.0 and associated Design Review Guide outline that review of a proposal by a design review panel should occur before a development application is submitted. While a design review application in itself does not to trigger the requirements for referral, it could be interpreted that a local government may become aware of a proposal before a development application is formally submitted; • proposals that may have multiple decision makers that make decisions or recommendations at different stages of a proposal. For example local government and Western Australian Planning Commission for Structure Plans, Activity Centre Plans and scheme amendments under the Planning Regulations; and • the relationship with other statutory requirements for heritage referral (i.e. referral of local planning schemes and amendments under section 79 of the Planning Act).

Part 6 - Miscellaneous

A number of sections of the Heritage Act require notification, consultation and the publishing of advertisements to be undertaken in accordance with the Regulations. Section 163 specifies notices are to be giving to a person in writing, and may only give notice by another

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 74 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

method such as electronic communication or advertisement if permitted under the Regulations.

Draft regulation 43 sets out additional ways of giving notice to an owner or occupier. It allows for notice to be given via prepaid post addressed to the land or place, or to an address appearing on recent correspondence or the relevant local government's rate book. If an address cannot be identified, a notice may be affixed to the place or an advertisement may be published in accordance with Regulation 46.

If there are multiple owners that are affected by a matter, draft regulations 44 allows the Heritage Council to give general notice by giving notice to the relevant local government and by publishing a notice either in a local or State newspaper or on the Heritage Council's website. Draft regulation 44 potentially creates a community expectation and places the onus on local government to notify these multiple owners. As the basis for its application is the Heritage Council considers it is not reasonably practical for the Heritage Council itself to give a separate notice to every owner.

The majority of sections of the Act that require or allow for consultation include the reference that the consultation is to be 'in accordance with the regulations'. The consultation requirements under draft regulation 45 apply if the Act does not otherwise specify the manner in which the consultation must be carried out. Consultation with an owner (draft regulations 45(2), (3) and (4)) and public consultation (draft regulations 45(5), (6) and (7)) require a submission period of at least 42 days 'after the first publication of the notice/advertisement'. Draft regulations 45 seems to only allow for submissions to be made in writing to a postal address (based on the distinction made between written and electronic communication elsewhere in the Act). It is noted that the Act does not appear to specify a format that submissions must be made, and does provide opportunities for electronic communication for other matters.

Public Consultation must be advertised in accordance with regulation 46 which prescribes the process for publication of advertisements on the Heritage Council website. Specifically, draft regulation 46(3) requires advertisement to be published on the Heritage Council's website within 7 days of the relevant determination or instruction to advertise, and it must appear on the website for at least 14 days.

It is recommended the Town encourage the Heritage Council to employ as many methods as possible to notify owners and make the following comments on Part 6 of the draft Regulations.

It is requested that draft regulation 44 provide the option to give notice via electronic communication under section 163(1)(b) in circumstance. It is also requested that publishing a general notice on the Heritage Council website under regulations 44(2) be elevated from an option to a requirement.

Draft regulation 45 is recommended to provide for the following:

• Consultation with occupiers (draft regulation 45(2) limits to consultation with an owner); • Submissions to be made by electronic communication, particularly in response to matters that the Heritage Council is allowed to give notice of or advertise on its website;

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 75 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• Ensure regulation 45(4) wording 'after the first publication of the notice' is practical and can be clearly determined in all circumstances consultation with owners (and submissions made) is allowed or required under the Act. It is unclear if the reference 'first publication' is an error or if it is intended that owner and the public consultation periods are expended to run concurrently; • ensure regulation 46(3)(a) and (b) provide sufficient time for any associated consultation notices to be sent to coincide with advert being published; and • Advertisements under draft regulation 45(6) include where submissions may be made and revise regulation 45(6)(b) so it is appropriate for public consultation.

It is also considered necessary for Part 6 the Regulations to:

• specify that an advertisement in relation to consultation must be published for the full period within which submissions may be made; and • provide for how and where submissions are to be made, and the submission period for the purposes of section 53(3)(a)(i).

Draft Guidelines for Local Heritage Surveys

Local Government Inventories are now termed Local Heritage Surveys ('LHS') under Part 8 of the Heritage Act. Section 105 directs the Heritage Council to issue Guidelines covering:

• criteria for the inclusion of places in the survey; • assessment processes; • processes for consultation with interested parties and with the public; • processes for reviewing and updating the survey, and the frequency of reviews; • processes and mechanisms for making surveys available to the public; and • any other matter the Heritage Council considers appropriate.

Local governments are required to have ‘due regard’ to these Guidelines when preparing or reviewing a LHS. It also recommends each local government prepare a policy for updates, reviews and consultation of the LHS in line with its existing processes and policies. The Town is currently preparing a local planning policy to address the above and indicate LHS review on 5 year basis.

The draft Guidelines for Local Heritage Surveys update the Heritage Council publications: ‘Basic Principles for Local Government Inventories’ and ‘Criteria for the Assessment of Local Heritage Places and Areas’. It is recommended that the following comments are provided on the draft Guidelines:

• The new Act does not apply to places that comprise only natural environment, or places significance solely on account of its connection with Aboriginal tradition or culture. However, it is important that all members of the community should be able to contribute to the preparation of LHS, and that places of value to Aboriginal communities (for non-traditional reasons) and natural environmental value are not excluded from the assessment process. It is noted that the Burra Charter acknowledges how natural and cultural values can be indivisible. • Include guidance on groups or precincts. The Act defines Place to include areas with numerous lots and ownerships and the draft Guidelines does not appear to exclude groups of places from LHS.

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 76 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

• Include assessment criteria specific for local heritage - Part 4 recognises section 38 of the Heritage Act and the Burra Charter as acceptable guides for assessing the cultural heritage significance of a place. It is noted that the factors listed under section 38 primarily relate to the importance of a place to Western Australia's heritage/history for the purpose of considering its inclusion in the State Register. As such, these factors are inappropriate for assessing local heritage. • The frequency and rate of review of a LHS to coincide with major reviews of the Local Planning Strategy and Community Strategic Plan is considered reasonable, but it is recommended to clarify expectations regarding the 'commencement' or 'completion' of a review. • Provide requirement for the form and content of a nomination (similar to the list provided in the Act and Regulations for State Register nominations) to ensure a consistent and sufficient level of information is available for assessment. • This should include clearer distinction between scope and expectations for updates, ad hoc review and full review as well as including process/recommendations for reclassification or removal of places. The Guidelines are not recommended to state the circumstances where formal adoption is or is not required as this may be inconsistent with a local government's delegation of authority. • Greater detail regarding the assessment process to make it clear of the minimum requirements for consultation in updates and review processes. This may also assist with managing implications of changes to the classification levels, assessment criteria and new definition for cultural heritage significance. Similarly, guidance on preparing thematic histories. • Review modal auxiliary verbs throughout Guidelines to ensure they are consistent with the Act, and the status of the Guidelines is not misconstrued. Further to this, information intended to assist in the preparation and review of LHS should be in the guidelines, as per its purpose under the Act, rather than additional explanatory documents. • Acknowledge the relationship with Heritage Lists. The Heritage Act now states the purpose of a LHS includes assisting with the preparation of Heritage Lists and Heritage Areas under the Scheme. This relationship could also be addressed in State Planning Policy 3.5 which is currently under review.

Matters relating to Heritage Act 2018

The Heritage Act includes transitional provisions and directs for amendments to other Acts. Aspects of the Act that effect planning and heritage matters relevant to Town are highlighted below.

Amendments to the Planning Act and the Building Act 2011 primarily replace references from the current Act. But the new Act also includes updated definitions for terms cited in the Planning Act and the Planning Regulations are relevant for heritage listing and in the consideration of development applications for places on the Town's Heritage List and the State Register. It is anticipated that respective amendments to the Planning Regulations will likely occur at the time the Heritage Regulations are published in the Government Gazette. It is also noted that State Planning Policy 3.5: Historic Heritage Conservation is currently under review.

Transitional provisions also outline that existing Local Government Inventories prepared under the current Act are taken to be a Local Government Survey prepared under section 103 of the new Act. The Town is currently preparing a draft Local Planning Policy to guide the review and updates to the LHS and Heritage List in line with the principles of the draft Guidelines for Local Heritage Surveys. DPLH have also advised it is not intended for the

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 77 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

existing LHS and place records to require review solely for application of new LHS significance criteria.

In February 2019, the Heritage Council progressed with the interim registration of the Quarry Amphitheatre to the State Register of Heritage Places. Section 178 provides that interim- registered places will be subject to the requirements of the new Act at its commencement but if the place is not formally entered on the new State Register within 2 years, it will no longer be a registered place.

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report itself. It is likely that there will be policy and statutory implications associated with the outcomes of the consultation on the draft Regulations and subsequent commencement of the Heritage Act.

FINANCIAL IMPLICATIONS:

There are no Financial Implications related to this report.

STRATEGIC DIRECTION:

This report recommendation embraces the following strategies of the Town's Strategic Community Plan 2018-2028:-

Our Council

Goal 12 Advocacy for the Community Strategy 12.1 Foster key relationships with all levels of government and other major stakeholders.

COMMUNITY ENGAGEMENT:

Public consultation is currently being undertaken by the Department of Planning, Lands and Heritage on behalf of the Heritage Council of Western Australia. Members of the public may make a submission until 3 May 2019.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That Council:-

1. NOTES the information provided in this Report;

2. PROVIDES a submission to the Department of Planning, Lands and Heritage on the draft Heritage Regulations 2019 and the draft Guidelines for Local Heritage Surveys; and

3. ENDORSES this Report as the submission.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 78 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

DV19.42 BUILDING PERMITS APPROVED UNDER DELEGATED AUTHORITY - MARCH 2019

SUMMARY:

The report details building approvals issued under delegated authority

AUTHORITY / DISCRETION

Address/Property Location: N/A Report Date: 8 April 2019 File Reference: N/A Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Stephen Cleaver, A/Manager Regulatory Services Contributing Officer: N/A Reporting Officer Interest: Nil Attachment(s): 4. Building Approvals (6 pages)

BACKGROUND:

Listed below are the total numbers of permits issued for the months of March 2019. Also shown are the comparative figures of the numbers of permits issued on the same months of the previous years and year to date fields.

March 2019 March 2018 Financial Year Corresponding to date Financial Year 2018/2019 to date 2017/2018 Building Permits (Certified) 38 29 284 299 Building Permits (Uncertified) 12 6 97 117 Demolition Permits 6 1 48 38

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 79 DEVELOPMENT COMMITTEE TUESDAY 16 APRIL 2019

Building Approval Certificate (Unauthorised Work) 0 1 10 11 Building Approval Certificate (Strata) 0 0 2 4 Occupancy Permits 1 2 5 14 Occupancy Permits (strata) 0 0 3 6 Total 57 39 449 489 Value of Construction $ 16,301,492.4 $ 8,328,786.72 $92,681,864.0 $91,161,085.5

POLICY/STATUTORY IMPLICATIONS:

There are no policy or statutory implications related to this report.

FINANCIAL IMPLICATIONS:

There are no financial implications related to this report.

STRATEGIC DIRECTION:

Our Community Life

Goal 3: An active and, safe and inclusive community.

Strategy 3.4: Act to create and maintain safe, friendly and open environments that residents can access and enjoy

Our Council

Goal 11: An efficient local government

11.3 Embrace innovation and continuously strive to improve services delivered to the community

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Nelson, seconded by Cr Everett

That the Council receives the Schedule of Building and Demolition Permits approved under delegated authority for the month of March 2019 as attached to and forming part of the notice paper be received.

Motion put and CARRIED (5/0)

MINUTES - DEVELOPMENT COMMITTEE - 16 APRIL 2019 80 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

COMMUNITY AND RESOURCES COMMITTEE

15 APRIL 2019

ORDER OF BUSINESS

1. DECLARATION OF OPENING

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

3. PUBLIC QUESTION TIME

4. DEPUTATIONS AND PETITIONS

5. CONFIRMATION OF MINUTES

6. DECLARATION OF MEMBERS' INTERESTS

7. REPORTS

INFRASTRUCTURE

CR19.27 Proposed Parking Amendments to Rosslyn Street, West Leederville 1 CR19.28 Proposed Parking Restriction Amendments - McCourt Street and Woolwich Street, West Leederville 4 CR19.29 Western Metropolitan Regional Council - Request for Contribution 8

COMMUNITY DEVELOPMENT

CR19.30 Donate Life - "Life Sculpture" Public Art Final Design - City Beach 12 CR19.31 Domestic Violence Perth Metropolitan Review 15 CR19.32 Wayfairer Project Progress Report and Funding 19 CR19.33 2019 Community Recognition Awards 23 CR19.34 Turf Maintenance and Management Renewal - Subiaco - Floreat Cricket Club, Wembley Athletic Cricket Club and Cambridge Croquet Club 28

PROPERTY, CONTRACTS AND PURCHASING

CR19.35 Reabold Tennis Club - Hard Court Surface Refurbishment 36 CR19.36 Restoration of Scout Jamboree Memorial and Construction of a Picnic Shelter at Perry Lakes Reserve 39

CORPORATE

CR19.37 Payment of Accounts - March 2019 43 CR19.38 Investment Schedule - March 2019 46

GOVERNANCE

CR19.39 Documents Sealed - March 2019 52 CR19.40 Ranger Services Statistics for 1 January 2019 to 31 March 2019 54

8. CLOSURE

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 1

MINUTES OF THE MEETING OF THE COMMUNITY AND RESOURCES COMMITTEE OF THE TOWN OF CAMBRIDGE HELD AT THE ADMINISTRATION/CIVIC CENTRE, 1 BOLD PARK DRIVE, FLOREAT ON 18 MARCH 2019.

1. DECLARATION OF OPENING

The Presiding Member declared the meeting of the Community and Resources Committee open at 6.00 pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present: Time of Time of Entering Leaving

Members:

Cr Andres Timmermanis (Presiding Member) 6.00 pm 7.36 pm Mayor Keri Shannon 6.00 pm 7.36 pm Cr Rod Bradley 6.00 pm 7.36 pm Cr Louis Carr 6.00 pm 7.36 pm Cr Jo McAllister 6.00 pm 7.36 pm

Observers:

Nil

Officers:

Michael Hayward, Director Infrastructure and Operations Walter Van Der Loo, Manager Infrastructure Parks (until 6.55 pm) Frank Strever, Coordinator Assets and Design Cam Robbins, Acting Director Corporate and Community Services Priya Narula, Acting Manager Community Services (until 7.19 pm) Paul O'Keefe, Coordinator Property and Governance (until 7.20 pm) Roy Ruitenga, Manager Finance (from 6.48 pm) Denise Ribbands, Senior Governance Officer

Members of the Public:

12 persons

Media:

1 person (until 7.25 pm)

Adjournments: Nil

Time meeting closed: 7.36 pm

APOLOGIES/LEAVE OF ABSENCE

Apology - A/CEO Mr John Giorgi, JP

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 1 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

3. PUBLIC QUESTION TIME

Nil

4. DEPUTATIONS AND PETITIONS

Item CR19.32 Adam Nakin, Inclusion Solutions Item CR19.34 Colin Webb, President Wembley Athletic Club Glyn O'Brien, Subiaco Cricket Club Robyn Cornish, Vice President Cambridge Croquet Club Item CR19.36 Norm Cunningham, Scout Association

5. CONFIRMATION OF MINUTES

Moved by Cr Carr, seconded by Cr Bradley

That the Minutes of the Ordinary meeting of the Community and Resources Committee held on 18 March 2019 as contained in the March 2019 Council Notice Paper be confirmed.

Motion put and CARRIED (5/0)

6. DECLARATION OF MEMBERS' INTERESTS

Item CR19.27 - Cr McAllister - Financial Interest

7. REPORTS

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 2 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.27 PROPOSED PARKING AMENDMENTS TO ROSSLYN STREET, WEST LEEDERVILLE

SUMMARY:

Following the closure of Subiaco Oval in 2018, the proposed parking amendments to Rosslyn Street provides for a better balance to preserve amenity, while also accommodating short term parking from '1P At All Times', to typical business hours '8am-5:30pm Monday - Friday, and 8am - 12 Noon Saturday'.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g.  adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies.

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Address/Property Location: Rosslyn Street, West Leederville Report Date: 10 April 2019 Responsible Officer: Michael Hayward, Director Infrastructure and Works Reporting Officer: Frank Strever, Coordinator Infrastructure Design Contributing Officer: Luke Evans - Coordinator Ranger Services Reporting Officer Interest: Nil Attachments: 1. Plan E 131 19 01 Rev A 2. Consultation Summary

BACKGROUND:

The Town was approached by business owners from Rosslyn Street, West Leedervile who wished for a more effective and shared parking use.

Rosslyn Street is a short cul-de-sac local access street, situated immediately north of Railway Parade and east of Northwood Street.

DETAILS:

Rosslyn Street is typically 6.7 metres wide and has a 'No Parking' restriction on the east side and a 1P restriction on the west side. The 1P restriction 'At All Times' on the western side was originally introduced during the Subiaco Oval time of major parking use within the precinct.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 3 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

The parking amendment proposal was communicated to Rosslyn Street property owners during February 2019. The parking proposal as shown in Attachment 1 was to provide the 1P restriction during 8am - 5:30pm Monday-Friday, and 8am - 12 Noon Saturday.

An additional area of ½P, 8am - 5:30pm Monday-Friday and 8am-12 Noon Saturday was included on the northern most area.

The feedback summary indicates support for a uniform 1P business hours approach and the alteration of the ½P area to 1P. This approach was assessed to be acceptable and with the addition of marked bays on the street, may make parking more accommodating to road users.

In summary, the recommended Roslyn Street parking amendments will be:

• East side - 'No Parking' (No change) • West side - 1P 8am - 5:30pm Monday - Friday and 8am-12 Noon Saturday.

POLICY/STATUTORY IMPLICATIONS:

This report is guided by Council Parking Restrictions Policy 5.2.22 and the following clauses:-

• Parking Restrictions shall be reviewed when:- (a) requested by the adjacent property owner in writing; (b) considered necessary by the Town; (c) requested by other persons in writing.

• As per the Council Parking Restrictions Policy, a community survey was carried out to obtain feedback on the proposed restrictions.

The recommendations are in accordance with the Road Traffic Code 2000 and Policy No. 5.2.22 "Parking Restrictions".

Any proposal to change or establish parking restrictions or time limits requires a formal decision by the Council in accordance with Clause 2.1 of the Town of Cambridge Parking Local Law.

The Town's Ranger Services has been consulted and raise no objections to the proposed changes.

FINANCIAL IMPLICATIONS:

There are minimal financial implications related to this report. All signage will be procured from an existing budget allocation for signage.

STRATEGIC DIRECTION:

The report recommendation embraces the following strategies of the Town's Strategic Community Plan 2018-2028:-

Our Neighbourhoods

Goal 5: Successful commercial, retail and residential hubs Strategy 5.1 Ensure future planning recognises the emerging diverse role, mixed use potential and opportunities of our centres, and integrates change and growth with surrounding local areas

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 4 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy 1.2.11 as "CONSULT" with the objective "to obtain community feedback on problems, analysis, alternatives, and/or decisions and to assist in decision making".

Property owners and tenants were given the opportunity to respond to a request for comments on the proposed amendments to parking restrictions in February 2019. The comments received have shaped the recommendation in this report, including amending the previously proposed ½P area on the northern part of Rosslyn Street to 1P. A copy of the consultation summary is included as Attachment 3.

Committee Meeting 15 April 2019

Cr McAllister requested that this item be discussed at the end of the meeting. The Presiding Member agreed to the request.

Interest Declaration - Cr McAllister

Prior to consideration of the item, Cr McAllister, in accordance with Section 5.65 of the Local Government Act 1995, declared a financial interest in this matter as she owns a property in Rosslyn Street, West Leederville.

Cr McAllister left the meeting at 7.26 pm whilst the matter was discussed and voted upon.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That the Council AMENDS, pursuant to Clause 2.1 of the Town of Cambridge Parking Local Law 2016, the parking times and conditions in Rosslyn Street, West Leederville on the western side to '1P 8am - 5:30pm Monday to Friday, and Saturday 8am - 12 Noon', as shown in Attachment 1 - Plan E 131 19 01 Rev A.

During discussion, concern was expressed regarding the proposed parking times for Rosslyn Street. The Administration was requested to provide further parking options for Rosslyn Street prior to the next meeting of Council.

Moved by Cr Bradley, seconded by Cr Timmermanis

That the item be submitted to Council for determination.

Motion put and CARRIED (4/0) (Cr McAllister had declared a financial interest in the item and was not in the Council Chambers)

Cr McAllister did not return to the meeting

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 5 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.28 PROPOSED PARKING RESTRICTION AMENDMENTS - MCCOURT STREET AND WOOLWICH STREET, WEST LEEDERVILLE

SUMMARY:

With the traditional end of Subiaco Oval events, a parking review was undertaken after the successful completion of the McCourt Park upgrades in 2018. Extra parking opportunities have been provided for 2P business hours parking to the south and east of McCourt Park in order to deal with the increase in usage to this attractive park. In addition, ¼ P parking areas have been proposed for parking times to be extended on the road to the south of Woolwich Street and on McCourt Street so that business activity can be supported.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: Woolwich and McCourt Streets, West Leederville Report Date: 10 April 2019 Responsible Officer: Michael Hayward - Director Infrastructure and Works Reporting Officer: Frank Strever - Coordinator Infrastructure Design Contributing Officer: Luke Evans - Coordinator Ranger Services Reporting Officer Interest: Nil Attachments: 1. Plan E 283 19 01 Rev A 2. Consultation Summary

BACKGROUND:

Following the completion of drainage and park upgrades to McCourt Park in 2018, a proposal to modify the existing parking arrangements adjacent to McCourt Park was considered.

The current parking arrangements can be described as:

• Woolwich Street north side: ¼ P on road, No Verge Parking • Woolwich Street south side: ¼ P 7.30am - 5pm, Monday-Friday • McCourt Street north of Woolwich Street: No parking road or verge, Residential Permit Parking Excepted • McCourt Street south of Woolwich Street west side: ¼ P At All Times

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 6 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

In order to consult with residents and business owners, a residential parking survey was undertaken in February 2019. The results are summarised in Attachment 3.

DETAILS:

A mixture of parking views were expressed from the residential parking survey as summarised in the feedback in attachment 3.

The proposed amendment from ¼P on road to 2P 8am-5pm Monday-Friday was well received by residents and will improve parking stay times for visitors to McCourt Park.

Similarly, the amendment of hours in the existing ¼P areas (shown in red on Plan E 283 19 01 Rev B) on the south side of Woolwich Street and the Western side of McCourt Street should provide better parking use in the immediate area.

The proposed time changes are from ¼P 7.30am-5.30pm Monday-Friday along the southern side of Woolwich Street to 8am-5.30pm Monday-Friday and 10am-7.30pm Saturday-Sunday. This is in order to reflect operating hours of The Wine Thief on th southwest corner of McCourt/Woolwich Streets. In addition, the southern ¼P zone has been moved westwards towards Woolcott Lane in order to provide extra parking.

The McCourt Street ¼P zone on the western side immediately south of Woolwich Street is also proposed to be amended to ¼P 8am-5.30pm Monday-Friday and 10am-7.30pm Saturday- Sunday.

The Western side of McCourt Street opposite McCourt Park is proposed to be amended to 2P 8am-5.30pm Monday-Friday.

McCourt Street is typically 6.3 metres wide and given that the parking pattern has been that residents and their visitors park on the eastern verge opposite McCourt Park. Normally the Town would designate only one side of the road to be signed for parking given the narrow width, however, given the current parking behaviour observed, the Town will monitor the arrangement and can invoke the Town of Cambridge Parking Local Law 2016 to make amendments to the signage if vehicles begin to park directly opposite each other blocking the road.

Woolwich Street north opposite McCourt Park 2P 8am-5.30pm Monday-Friday McCourt Street west opposite McCourt Park 2P 8am-5.30pm Monday-Friday Woolwich Street south opposite McCourt Park ¼P 8am-5.30pm Monday-Friday, 10am-7.30pm Saturday-Sunday McCourt Street opposite the Wine Thief ¼P 8am-5.30pm Monday-Friday, 10am-7.30pm Saturday-Sunday

The Town will monitor and review the parking operation over the next 6 months and if necessary amend the parking on the west side of McCourt Street opposite McCourt Park to 'No Parking' subject to an increase in poor parking practices.

POLICY/STATUTORY IMPLICATIONS:

This report is guided by Council Parking Restrictions Policy 5.2.22 and the following clauses:-

• Parking Restrictions shall be reviewed when:- (a) requested by the adjacent property owner in writing; (b) considered necessary by the Town;

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 7 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

• As per the Council Parking Restrictions Policy, a community survey was carried out to obtain feedback on the proposed restrictions.

The recommendations are in accordance with the Road Traffic Code 2000 and Policy No. 5.2.22 "Parking Restrictions".

Any proposal to change or establish parking restrictions or time limits requires a formal decision by the Council in accordance with Clause 2.1 of the Town of Cambridge Parking Local Law.

The Town's Ranger Services has been consulted and raise no objections to the proposed changes.

FINANCIAL IMPLICATIONS:

There are minimal financial implications related to this report. All signage will be procured from an existing budget allocation for signage.

STRATEGIC DIRECTION:

The report recommendation embraces the following strategies of the Town's Strategic Community Plan 2018-2028:-

Our Neighbourhoods Goal 5: Successful commercial, retail and residential hubs Strategy 5.1 Ensure future planning recognises the emerging diverse role, mixed use potential and opportunities of our centres, and integrates change and growth with surrounding local areas

COMMUNITY ENGAGEMENT:

Property owners and tenants were given the opportunity to respond to a request for comments on the proposed amendments to parking restrictions in February 2019. The comments received have shaped the recommendation in this report. A copy of the consultation summary is included in Attachment 3.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council AMENDS, pursuant to Clause 2.1 of the Town of Cambridge Parking Local Law 2016, the parking times and conditions along Woolwich Street and McCourt Street, West Leederville, as identified in Attachment 1 - Plan E 283 19 01 Rev B.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 8 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.29 WESTERN METROPOLITAN REGIONAL COUNCIL - REQUEST FOR CONTRIBUTION

SUMMARY:

In January 2019, the Town received a request from the Western Metropolitan Regional Council (WRMC) seeking an annual contribution of $50,000 from the Town towards services that the WMRC was providing to residents and ratepayers of the Town. A copy this request is included as Attachment 1.

The services include the receipt of Household Hazardous Waste, e-waste, general household waste, mattresses and other recyclables.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: N/A Report Date: 10 April 2019 Responsible Officer: Michael Hayward - Director Infrastructure & Works Reporting Officer: N/A Contributing Officer: Kobi Ging - Senior Administration Officer Emily Rae - Administration Waste & Infrastructure Reporting Officer Interest: Nil Attachments: 1. Correspondence from Western Metropolitan Regional Council

BACKGROUND:

The Town of Cambridge has two waste management contracts in place, general kerbside collection and bulk verge collection.

General kerbside collection is contracted to SUEZ and disposed of at three different facilities:

SUEZ Recycling & Recovery Perth Collection Type Disposal Facility General waste Mindarie Regional Council Recycling SUEZ material recycling facility in Bibra Lake Green waste SUEZ composting facility in Boddington

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 9 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Bulk verge collection is contracted to D & M Waste Management and disposed of at four different facilities:

D & M Waste Management Services Collection Type Disposal Facility Junk waste - Mindarie Regional Council Junk waste (pre-sorted into recyclables Recyclables - SUEZ material recycling facility in Bibra and junk waste by SUEZ) Lake Recyclables (scrap metals, oils, D & M Recycling Facility in Kwinana batteries etc.) Green waste Western Metropolitan Regional Council

In addition, the Town offers a weekly mattress collection for residents. The mattresses are collected and disposed of privately by the Town's waste contractor Spider Waste Collection Services.

The Town also offers a bi-annual e-waste drop off day for Town residents. The e-waste is disposed of privately by Infoactive.

DETAILS:

Currently, the Town only uses WMRC for the disposal of green waste collected during the bi- annual bulk verge collections. These tonnages are charged to the Town and total figures over the last two years are included below:

• 2017/18 - approx. $83,000 • 2018/19 YTD - approx. $24,000

The WMRC is requesting a contribution of $50,000 per financial year towards the costs of providing resource recovery facilities to residents and ratepayers of the Town.

The WMRC recognises that this is an issue that has not been raised previously and, to ease the introduction of this contribution, suggests a staged approach, with 50% of the annual contribution payable for 2019-20; 75% in 2020-21; and 100% 2021-22. This would mean that provision of $25,000 would need to be made in the 2019-20 draft budget.

The benefit of the contribution would be that all Town residents receive an annual pass providing free access to the WMRC to dispose domestic quantities of:

• Household hazardous waste (HHW) • Steel • General household recycling • Used motor oils • Household and motor vehicle batteries • Paint • E-waste • Cardboard • Fluorescent tubes and lighting

Currently, with the exception of Household Hazardous Waste (HHW), the Town already provides disposal services for the products listed above. As such, there is little incentive for residents to choose to attend the WMRC location instead.

The Town utilises the WMRC for the disposal of green waste collected during bulk verge collections (and is charged accordingly).

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 10 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

The HHW disposal program is subsidised by the State Government, and to date residents have not been charged separately for these items. Based on the modest tonnages below, it is difficult to justify the $50,000 contribution.

Tonnages of HHW collected at the WMRC from Cambridge residents are as follows:

2014/15 2015/16 2016/17 2017/18 0.9 tonnes 0.8 tonnes 1.2 tonnes 1.0 tonnes

Acceptable HHW products are listed below, and include up to 20L or 20kg of the following:

1. Acids 2. Aerosols 3. Alkalis 4. Batteries (lead-acid and dry-cell) 5. Compact fluorescent lights and tubes 6. Cyanides 7. Engine coolants and glycols 8. Fire extinguishers (non-halon only) 9. Flammable liquids (e.g. fuels and hydrocarbons) 10. Flammable solids 11. Flares 12. Gas cylinders (small household) 13. General household chemicals (e.g. cleaning products) 14. Heavy metal compounds 15. Inorganic oxidising agents (e.g. pool chlorine) 16. Mercury (e.g. thermometers) 17. Organic peroxides 18. Paint 19. PCB materials 20. Pesticides 21. Smoke detectors 22. Solvents 23. Unknown chemicals (must be in sealed, chemical resistant containers)

The City of Nedlands is in a similar position to the Town in that they are not a member of the WMRC, but have had the same proposal put to them. At the City of Nedlands council meeting held on 18 December 2018, the City of Nedlands resolved not to support that WMRC's request for a contribution towards resource recovery.

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

The proposal from the WMRC is a contribution of $50,000 per year.

The WMRC recognises that this is an issue that has not been raised previously, and to ease the introduction of this contribution, suggests a staged approach, with 50% of the annual contribution payable for 2019-20; 75% in 2020-21; and 100% 2021-22. This would mean that provision of $25,000 would need to be made in the 2019-20 draft budget.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 11 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

For reference the Town has previously paid the following amounts to the WMRC for the disposal of green waste collected during bulk verge collection:

• 2017/18 - approx. $83,000 • 2018/19 YTD - approx. $24,000

Currently, the Town has not been charged for HHW disposal at the WMRC due to State Government subsidisation.

STRATEGIC DIRECTION:

The report recommendation embraces the following strategies of the Town's Strategic Community Plan 2017-2027:-

Our Natural Environment Goal 7: Council is environmentally responsible and leads by example Strategy 7.4: Minimise waste to landfill and increase recycling

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy 1.2.11. In accordance with the assessment criteria, no community engagement is required as this report is purely administrative in providing information to Council.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That the Town DOES NOT support the request from the Western Metropolitan Regional Council for an annual contribution to providing resource recovery services, due to the very low tonnages deposited by the Town of Cambridge residents.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 12 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.30 DONATE LIFE - "LIFE SCULPTURE "PUBLIC ART FINAL DESIGN - CITY BEACH

SUMMARY:

This report provides details in relation to the design of the proposed organ donor sculpture - "Life Sculpture" at the City Beach foreshore.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: City Beach Foreshore Report Date: 8 April 2019 File Reference: Nil Responsible Executive/Director: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Nil Contributing Officers: Nil Reporting Officer Interest: Nil Attachments: 1. CR18.80, 27 November 2018 2. Location Map of Sculpture 3. White Wall correspondence dated 5 April 2019

BACKGROUND:

Donate Life WA has been working with the Council since 2014 in finalising the location of a new sculpture from the previous site at Lake Monger (was previously a Donor Honour Board). This has entailed several Council reports (CR15.75- June 2015, CR16.102- June 2016, CR17.151 - April 2017 and CR18.180- November 2018).

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 13 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

At its meeting held on 27 November 2018 (CR18.180 refers) Council decided the following:

1. APPROVES A height limit of 3 metres for the "Life Sculpture Public Art Project" at City Beach ; and

2. REQUESTS the final design of the "Life Sculpture Public Art Project" at City Beach is to be presented to the Town's Public Art Committee, and then Council for determination.

A copy of this report is provided as Attachment 1.

A meeting with the Town's Public Art Committee was subsequently held on Tuesday 12 March 2019 where the final design was presented.

During the Public Art Committee, it was requested to mark out the actual dimensions on site and highlight the location to highlight the footprint and its impact on the City Beach foreshore.

A copy of the proposed location is provided as Attachment 2.

DETAILS:

Following the presentation by the White Wall Group (on behalf of Donate Life WA) to the Town's Public Art Committee on 12 March 2019, further information has been provided has been provided by the White Wall Group. Refer Attachment 3.

The final design is as follows:

• Horizontal ring made of edged concrete with an ant-graffiti paint( similar to City of Perth Surf Club walls) • Horizontal; section will be open at the front to allow access • Vertical ring will be acrylic plastic outer skin an aluminium structural frame set in a concrete plinth and softly internally LED lit at night • Inner section will have compacted 'summer stone' for drainage purposes • 300mm apron external to the horizontal seated ring to allow for foot traffic and mowing clearance • Augmented Reality to allow visitors to access Donor registration and donor transplant information in real time. This technology has replaced the previous suggested WIFI technology and will accommodate increased mobile phone data allowance.

Note: Following the concern by Council in November 2018, the footprint has reduced from 130m2 to 92m2 (overall reduction of 30%).

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

There are no Financial Implications related to this report with the construction costs being met by Donate Life.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 14 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

STRATEGIC DIRECTION:

The Life Project Sculpture at City Beach supports a number of priority areas and goals in the Town's 2017/2027 Community Strategic Community Plan, specifically:

Our Community Life:

Goal 3: An active, safe and inclusive community. Strategy 3.4 Create and maintain safe environments

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy No 1.2.11 as not requiring community consultation.

The final design was presented to the Town's Public Art Committee on 12 March 2019.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council APPROVES the final design and location of the Donate Life 'Life Sculpture' at the City Beach foreshore, as shown in Attachments 2 and 3.

Committee Meeting 15 April 2019

During discussion, Members expressed concern regarding the size of the footprint of the sculpture and its impact on the area and those people wishing to use the grassed area. The Administration was requested to mark out the exact location for the sculpture at City Beach foreshore and to discuss with Donate Life the possibility of investigating a different location for the sculpture, prior to the next meeting of Council.

Moved by Mayor Shannon, seconded by Cr Bradley

That the item be submitted to Council for determination.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 15 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.31 DOMESTIC VIOLENCE PERTH METROPOLITIAN REVIEW

SUMMARY:

This report provides details and information relating to the current funding provision, structure and services available for victims of domestic and family violence in the Perth metropolitan area.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g.

adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies.

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: 1 Bold Park Drive, Floreat, WA 6014 Report Date: 8 April 2019 Responsible Officer: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Priya Narula, Acting Manager Community Development and Library Services Contributing Officer: Claire Turnbull, Community Safety Officer Reporting Officer Interest: Nil Attachments: 1. Refuge spreadsheet 2. Suburb statistics

BACKGROUND:

At its meeting held on 27 November 2018, Council requested that the Administration prepare a report for March 2019 detailing the various services and assistance to those who are the victims of domestic violence a range of services including, but not limited to:-

1. Existing women's refuges whether they are within the boundaries of the Town of Cambridge or not; 2. Counselling services for affected women and children; and 3. Federal or state funding sources for women's refuge.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 16 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

COMMENT:

The Australian Government’s strategy to tackle domestic violence in cooperation with state and territory governments is outlined in the National Plan to Reduce Violence against Women and their Children (2010-2022). Funding for the National Plan is provided under the National Initiatives program component of the Social Services portfolio. The Western Australian Government has aligned their 'Western Australian's Family and Domestic Violence Prevention Strategy to 2022' with the Australian Government's National Plan.

Through the Department of Communities, Child Protection and Family Support Division, the Western Australian Government currently fund 42 women's refuges with 19 located in the Perth metropolitan area and 23 located in regional and remote Western Australia. The refuges are funded to provide safe, supported accommodation to women, and women with children who as a result of family and domestic violence are at risk of homelessness.

The 19 refuges in the metropolitan area and Pat Thomas House in the Peel region are funded to work within an integrated response. Each service is organised into three corridors, North, South and East (Attachment 1), with each corridor having a nominated 'lead agency'. The lead agency is funded to provide an emergency response 24 hours a day, 7 days per week, to women and children who are at imminent risk of harm who cannot otherwise access refuge accommodation (e.g. the refuges are full). The lead agency provides supported accommodation for up to 48 hours and during this time they work with the refuges in their corridor or other corridors to transfer women and children to a refuge place.

The Western Australian Local Government Association (WALGA) is currently working on how local governments can address domestic and family violence at a local level. The City of Mandurah is currently one of four local governments across Australia trialling the Local Government Domestic, Family and Sexual Violence Prevention Toolkit. Once this is completed, a report with outcomes and recommendations will be submitted to the next Council of Australian Government's (COAG) meeting and will form the next step in the Australian Government's direction on Family and Domestic Violence.

There are currently no refuges in the Town, which was confirmed by Wembley Police.

As detailed in Attachment 1, all refuges provide a number of services for women and children including, counselling, advocacy and referral to other services, legal and court support, practical support, case management, outreach services and safety planning and education.

The Western Australian Police offence statistics that relate to domestic and family violence are classified as 'Assault (Family) and 'Threatening Behaviour (Family)'. Outlined in Attachment 2 are the statistics for the Town including the suburbs of City Beach, Floreat, Wembley and West Leederville. Note that these statistics only reflect a recorded offence. The total number of Assault (Family) and Threatening Behaviour (Family) across City Beach, Floreat, Wembley and West Leederville during 2017/2018 was 57. This represents 0.01% of the total number of assaults in the Metropolitan area.

GENVIS

The Town was approached by GenVis, a local Cambridge business, located in West Leederville, to discuss their 'Safe with Milli' project. GenVis specialise in advanced video surveillance and they have created 'Milli', a mobile app to help people feel safer in their homes. 'Milli' analyses live home security camera feeds detecting people, motion and vehicles. When this happens, an alert is generated and sent to a user’s smartphone, allowing them to quickly review the information and take action if necessary.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 17 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

'Milli' can be an effective tool to help victims of family violence by providing victims with real time information about who is visiting their home. 'Milli' can help them keep them and their families safe. 'Milli' can also provide victims with the evidence they need to prove and prosecute breaches of restraining orders.

GenVis have been working alongside the WA Police and the Women’s Council, and are currently trialling the 'Milli' App in the Rockingham area. 'Milli' has been developed with support from the WA Police Family Violence Unit with the clear purpose of using technology to help victims of family violence be and feel safer at home, and to assist with prosecution of breaches.

The costs associated with 'Safe with 'Milli' are:

• Security/Hardware and installation one off cost of $700 per client; • Ongoing MIlli running costs are $20 per client/month

GenVis believe that their ongoing connections with large technology companies could reduce the monthly cost further for the DV client.

Although the 'Safe with 'Milli' project has merit, any associated costs associated should not be the responsibility of Local Government.

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

There are no Financial Implications related to this report.

STRATEGIC DIRECTION:

The report on Domestic Violence supports a number of priority areas and goals in the Town's 2017/2027 Community Strategic Community Plan, specifically:

Our Community Life:

Goal 3: An active, safe and inclusive community. Strategy 3.4 Create and maintain safe environments

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy No 1.2.11 as not requiring community consultation

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council RECEIVES the report relating to the Domestic Violence Perth Metropolitan Review.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 18 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.32 WAYFAIRER PROJECT PROGRESS REPORT AND FUNDING

SUMMARY:

In September 2018, Inclusion Solutions was awarded contract C51-18 to implement a pilot project to match the skills and attributes of selected retirees with volunteer positions within clubs, groups, schools, and not for profit organisations.

This report presents a status update on the pilot project and seeks Council support for the second year of the project.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: 1 Bold Park Drive, Floreat Park, WA 6014 Report Date: 8 April 2019 Responsible Officer: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Priya Narula, Acting Manager Community Services Contributing Officer: Susan McGuane, Coordinator Community Development Diana Allen, Senior Community Development Officer - Seniors Reporting Officer Interest Nil Attachments: 1. The WayFairer Project, Progress Report and Year Two

BACKGROUND:

On 22 May 2018, Council approved the Town's Senior Services Age-Friendly Community Development Strategy 2018/19 - 2021/22.

Strategy 6.1 which falls under 'Civic Participation and Employment' involves implementing a pilot project to match the skills and attributes of selected retirees with volunteer positions within clubs and groups.

In September 2018, Inclusion Solutions was awarded a 12-month contract, C51-18, to provide and implement this pilot project.

Through the 2018/19 adopted budget Council contributed $33 000 towards the project, with Inclusion Solutions contributing an estimated $25 000 thus far.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 19 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

DETAILS:

The WayFairer Project commenced on 1 September 2018, the aim of the project being to capture the under utilised knowledge, skills, experience, interests and talents amongst older adults aged 50 – 70 (WayFairers). The project has supported the WayFairers to repurpose these attributes into the local community, helping them find a sense of social value, purpose and belonging, while building the capacity of their local community organisation and sharing their wealth of knowledge.

Community groups, clubs, not-for profit organisations and schools took part in a community gap analysis, where specific needs and gaps within the organisations were identified. A comprehensive understanding of all clubs taking part in the community gap analysis will be used directly in the WayFairer Project and given to the Town to use for future support. This will provide information on how best to match WayFairers with community groups who need help. In addition the community gap analysis will assist the Town to understand the challenges local groups face and how best to address them.

The WayFairer Project strategically utilises the talents of older residents to help provide solutions for existing gaps in the community. This includes working alongside the committed network of not-for-profits and schools, who are always searching for help and skills. Critically, the WayFairer Project, through the community gap analysis identifies early how best to create cohesion and collaboration amongst the community based groups.

The WayFairer Project helps older adults and community networks, help themselves, and in doing so, build a greater sense of belonging and inclusion within the community. This approach to facilitating volunteering has never been undertaken before in Western Australia.

Inclusion Solutions provided a project plan for the pilot project, and to date the following has been achieved:

1. Terms of reference established 2. Community Gap Analysis conducted with 51 local community organisations. 3. Facilitation of use of the mapping tools to capture skills and knowledge of the volunteers 4. 13 WayFairers recruited 5. Multiple group sessions with the WayFairers 6. Several one on one sessions with the WayFairers 7. Four WayFairers matched with community organisations, with another four engaged in initial conversations with organisations 8. Significant exposure and promotion of the project to communities across Australia

The following is still to be achieved as part of the pilot project:

1. Extensive media campaign to promote the outcomes of the project 2. Developing case studies and video (in progress) to be used as a promotional tool 3. Comprehensive community gap analysis report on all 51 clubs that have been engaged 4. Review and report on the project

A breakdown of costs is provided in Attachment One, the progress report from Inclusion Solutions.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 20 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Year Two

The focus in year two of the project will be:

1. Identify key members for the WayFairer Advisory Team (WAT). This process will commence in year one to ensure overlap of provisions 2. Coordinating, training, and consolidating the WAT 3. Engaging a further 15 new WayFairers, whilst supporting the first 15 to take greater ownership 4. Continue the matching of WayFairers to community groups 5. Establish and support the WAT to ensure the project is sustainable into the future while allowing for growth 6. Update and establish communication with all community groups who participated in the community gap analysis 7. Engage community groups that have not participated in the Gap Analysis in year 1 8. A review of the project 9. Promote the Town as an age-friendly community, dedicated to harnessing skills and supporting people to live well into older age.

It is important that we continue to build on the successes achieved in year one, in building relationships with volunteers, capitalising on the valuable data gained through the gap analysis and bringing the two together.

A sum of $26,000 is requested to support the second year of the project, a breakdown of costs is provided in attachment one, the progress report from Inclusion Solutions.

Other local governments, including Kalamunda and Mandurah, are looking at the pilot project run at the Town, with a view to running the same program.

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

It is recommended that $26,000 to be listed for consideration in the 2019/20 Seniors Services strategy programs draft budget to allow for the second year of the WayFairer project.

STRATEGIC DIRECTION:

Our Community

Goal 1: A sense of community, pride and belonging Strategy 1.1 Encourage and support participation in a range of public activities and events where residents can gather and interact

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 21 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Our Council

Goal 11: An efficient local government Strategy 11.3 Embrace innovation and continuously strive to improve services delivered to the community

COMMUNITY ENGAGEMENT:

Advertising and recruitment of volunteers Gap analysis conducted with 51 community organisations

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council:

1. RECEIVES the Inclusion Solutions report on the Wayfairer Project; and

2. LISTS FOR CONSIDERATION an amount of $26,000 in the 2019/2020 Draft Budget to support year 2 of 2 Wayfairer project.

Motion put and CARRIED (3/2)

For: Mayor Shannon, Crs Carr and McAllister Against: Crs Bradley and Timmermanis

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 22 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.33 COMMUNITY RECOGNITION AWARDS - 2019

SUMMARY:

The Town's Community Award and Recognition program provides an opportunity to acknowledge volunteering within the community. This report recommends recipients for the 2019 Community Recognition Award categories: Community Service Volunteer Award, Sport and Recreation Volunteer Award and Youth Volunteer Award.

A total of three nominations were received for the 2019 Community Services Volunteer Award, two for the 2019 Sports and Recreation Volunteer Award and nil for the 2019 Youth Volunteer Award. Specific details of these nominations are outlined in the confidential attachments.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: N/A Report Date: 10 April 2019 Responsible Officer: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Priya Narula, Acting Manager Community Services Contributing Officers: Renee McIntosh, Coordinator Community Developme Reporting Officer Interest: Nil Attachments: 1. 2019 Community Service Volunteer award nominee report (confidential). 2. 2019 Sport and Recreation Volunteer award nominee report (confidential).

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 23 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

BACKGROUND:

At its meeting held on 20 June 2016 (CR16.99), Council endorsed three categories in its Community Award and Recognition Program being 'Community Service Volunteer Award', 'Sport and Recreation Volunteer Award' and 'Youth Volunteer Award'. The Community Recognition Awards function will be held on Friday 24 May to coincide with National Volunteer Week which will be held from 20-26 May 2019.

All award details are confidential until the announcement at the Town's Community Recognition Awards function.

COMMENT:

In order to provide the opportunity for recognition and acknowledgement of individuals for their volunteering contribution within the community, the 2019 Community Recognition Awards were advertised through the following channels:

1. Correspondence was sent via email to all the Town’s sporting groups, community groups, local schools, youth groups and service clubs on 15 February and 21 March 2019. 2. A further two emails were sent to local schools to promote the Youth Volunteer Award on 13 March and 20 March 2019. 3. A discussion was held with the Principals in attendance at the annual Principal Liaison meeting about the Awards and they were encouraged to look to their school community for potential recipients both for the Youth and Community categories. 4. Facebook posts calling for nominations were posted on 22 February and 20 March 2019. 5. The Awards were also advertised on the Town's website from 15 February 2019 and in the Cambridge News (23 February 2019 edition of the Post Newspaper).

Nominations opened on 15 February 2019 and closed on Monday, 18 March 2019 but were extended an additional week to Monday, 25 March, 2019.

Nomination categories and selection criteria are as follows:

Community Service Volunteer Award

The criteria for the award includes all of the following:-

(i) (a) An individual (does not need to be a resident of the Town) who has made a significant voluntary contribution to benefit either Cambridge residents or a community group/organisation, operating within the Town of Cambridge;

(b) A Town of Cambridge resident who has made a significant voluntary contribution to a community group/organisation that provides a service or benefit to the Town's residents (the group does not need to be based or operate solely within the Town);

(ii) the volunteer's time and effort is above the standard expected of any citizen (hours of time volunteered, range of tasks undertaken and length of service) and sets an example for others;

(iii) an individual who has demonstrated significant initiative, innovation or creativity in their volunteering, which has brought about positive change. This could include delivering an event or project that benefits the Cambridge Community;

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 24 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

(iv) has used their energy, commitment and enthusiasm to raise awareness of volunteering, whilst encouraging others to volunteer and achieve their potential.

Sport and Recreation Volunteer Award

The criteria for the award includes all of the following:-

(i) An individual (does not need to be a resident of the Town) who has made a significant voluntary contribution to benefit a Sporting or Recreational organisation operating within the Town of Cambridge.

(ii) the volunteer's time and effort is above the standard expected of any citizen (hours of time volunteered, range of tasks undertaken and length of service) and sets an example for others;

(iv) has used their energy, commitment and enthusiasm to raise awareness of volunteering, whilst encouraging others to volunteer and achieve their potential.

Youth Volunteer Award

The criteria of the award include all of the following:-

(i) An individual (does not need to be a resident of the Town) under 25 years of age who has made a significant voluntary contribution to benefit Cambridge residents or a community group/organisation, operating within the Town of Cambridge;

(ii) the volunteer's time and effort is above the standard expected of any citizen (hours of time volunteered, range of tasks undertaken and length of service) and sets an example for others;

(iii) an individual who has demonstrated significant initiative, innovation or creativity in their volunteering, which has brought about positive change, this could include delivering an event or project that benefits the Cambridge Community;

(iv) has used their energy, commitment and enthusiasm to raise awareness of volunteering, whilst encouraging others to volunteer and achieve their potential.

The announcement of the award winners will be made on Friday, 24 May 2019, at the Community Recognition Awards function held at The Boulevard Centre and, as such, the recipients should remain confidential until this date. The recipient of each of the volunteer awards will be presented with a $750 gift card in recognition of their contribution. A total of three nominations were received for the 2019 Community Services Volunteer Award, two for the 2019 Sports and Recreation Volunteer Award and nil for the 2019 Youth Volunteer Award. Specific details of these nominations are outlined in the confidential attachments.

Each year significant efforts go into advertising and promoting the Town's Community Recognition Awards program, however unfortunately we are still receiving low numbers of nominations. The program has had several reinventions to make it relevant to the volunteering community of the Town, however, this does not seem to have raised the profile of the program.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 25 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

POLICY/STATUTORY IMPLICATIONS:

Policy No. 2.1.30 - Community Awards and Recognition Program.

FINANCIAL IMPLICATIONS:

An amount of $9,000 has been allocated in the 2018/19 Budget for the purpose of this program including the volunteer award winner gift cards and the Community Recognition Awards function.

STRATEGIC DIRECTION:

The Town's Community Recognition Awards Program supports a number of goals within the Town's Strategic Community Plan 2018-2028. These include:

Priority Area: Our Community Life

Goal 1: A sense of community, pride and belonging Strategy 1.1: Encourage and support a range of activities and events at which communities can gather and interact Strategy 1.2: Promotion of a strong community identity

Goal 3: An active, safe and inclusive community Strategy 3.2: Deliver programs supporting local clubs and community groups' capacity to run their community activities Strategy 3.3: Encourage activity that meets the needs of people of all ages, cultures and abilities

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy No 1.2.11. In accordance with the assessment criteria, a "Consult" level of assessment has been made. The below consultation has occurred:

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 26 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council:-

1. APPROVES Nominee 3 as the 2019 Community Service Volunteer Award, as shown in Confidential Attachment 1; and

2. APPROVES Nominee 1 as the 2019 Sport and Recreation Volunteer Award, as shown in Confidential Attachment 2.

Committee Meeting 15 April 2019

During discussion, Cr McAllister suggested that Nominee 1 should receive the 2019 Community Service Volunteer Award.

AMENDMENT:

Moved by Cr McAllister, seconded by Cr Carr

That clause 1 of the motion be amended by deleting "Nominee 3" and inserting "Nominee 1".

Amendment put and LOST (1/4)

For: Cr McAllister Against: Mayor Shannon, Crs Bradley, Carr and Timmermanis

Discussion ensued. Mayor Shannon suggested that there should be a joint award for the 2019 Sport and Recreation Volunteer Award to include Nominee 2.

AMENDMENT:

Moved by Mayor Shannon, seconded by Cr Bradley

That clause 2 of the motion be amended to read as follows:-

2. APPROVES Nominees 1 and 2 as the joint 2019 Sport and Recreation Volunteer Award, as shown in Confidential Attachment 2.

Amendment put and CARRIED (5/0)

COMMITTEE RECOMMENDATION:

That Council:-

1. APPROVES Nominee 3 as the 2019 Community Service Volunteer Award, as shown in Confidential Attachment 1; and

2. APPROVES Nominees 1 and 2 as the joint 2019 Sport and Recreation Volunteer Award, as shown in Confidential Attachment 2.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 27 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.34 TURF MAINTENANCE AND MANAGEMENT RENEWAL - SUBIACO- FLOREAT CRICKET CLUB, WEMBLEY ATHLETIC CLUB AND CAMBRIDGE CROQUET CLUB

SUMMARY:

The five (5) year turf maintenance and management agreements between the Town and the Subiaco-Floreat Cricket Club, Wembley Athletic Club (Cricket Section) and Cambridge Croquet Club will expire on 30 June 2019. As the Town is in 2019/2020 Draft Budget process, it is timely to review the level of financial support provided.

It is proposed to continue to provide financial support for turf maintenance and management for a term of five (5) years, 30 June 2019- 1 July 2024 to:

• Subiaco Floreat Cricket Club, $50,000 (ex GST) per annum with no annual National Consumer Price Index increase; • Wembley Athletic Club, $20,000 (ex GST) per annum with no annual National Consumer Price Index increase; and • Cambridge Croquet Club, $30,000 (ex GST) per annum with no annual National Consumer Price Index increases.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: Floreat Oval, Alderbury Reserve, Pat Goodridge Oval, Cambridge Croquet Club Report Date: 5 April 2019 File Reference: Nil Responsible Executive/Director: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Priya Narula, Acting Manager Community Development and Library Services Contributing Officer: Walter Van Der Loo, Manager Infrastructure Parks Susan McGuane, Senior Community Development Officer Reporting Officer Interest: Susan McGuane, Senior Community Development Officer is the President of Wembley Netball Club, which is a section of the Wembley Athletic Club.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 28 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Attachments: 1. Letter of request - Subiaco Floreat Cricket Club 2. Letter of request - Wembley Athletic Club (Cricket Section) 3. Letter of request - Cambridge Croquet Club 4. Local Government Turf Contribution Comparison (Confidential) 5. CR14.13, 20 February 2014 6. CR14.36, 25 March 2014

BACKGROUND:

Since 2006, the Town has provided a total of $555,000 (ex GST) to the Subiaco-Floreat Cricket Club and $195,000 (ex GST) to the Wembley Athletic Club (Cricket Section) towards costs associated with maintaining turf cricket wickets. This financial assistance has been provided via a formalised turf wicket maintenance and management agreement. The Town has also provided a total of $150,000 (ex GST) to the Cambridge Croquet Club from 2014 to 2019 for the management of turf facilities. The total amount of financial assistance (ex GST) of $900,000 (ex GST) has been provided as outlined in Table 1 below:

Table1: Financial Assistance (2006 to 2019)

Financial Subiaco-Floreat Wembley Athletic Club Cambridge Croquet Club Year Cricket Club (ex GST) (Cricket Section) (ex GST) (ex GST) 2006/07 $40,000 $10,000 N/A 2007/08 $40,000 $10,000 N/A 2008/09 $40,000 $10,000 N/A 2009/10 $40,000 $10,000 N/A 2010/11 $40,000 $15,000 N/A 2011/12 $40,000 $15,000 N/A 2012/13 $40,000 $15,000 N/A 2013/14 $40,000 $15,000 N/A 2014/15 $45,000 $17,500 $30,000 2015/16 $45,000 $17,500 $30,000 2016/17 $47,500 $20,000 $30,000 2017/18 $47,500 $20,000 $30,000 2018/19 $50,000 $20,000 $30,000 Total $555,000 $195,000 $150,000

Prior to 2006, the Town exclusively maintained turf wicket facilities for the Subiaco-Floreat Cricket Club and the Wembley Athletic Club. Prior to 2014, the Town managed and maintained the Cambridge Croquet Club turf facility. This management model was more costly for the Town due to the expense of specialist machinery and equipment for turf management and staff costs. The respective Turf Maintenance and Management agreements have been successful since their inception and a more cost effective option rather than the Town directly managing the turf.

Since 2005, several reports have been presented to Council on the matter of turf wicket maintenance and management with the latest report regarding the cricket clubs turf wicket management (CR14.13, 20 February 2014) and Cambridge Croquet Club turf management (CR14.3, 25 March 2014) both of which are provided as Attachments 5 and 6.

The current turf wicket maintenance and management agreements, effective from 30 June 2014 between the Town and the Subiaco- Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet Club will expire at the end June 2019. As the Town is in the process of preparing a Draft 2019/2020 Budget, it is appropriate to examine the level of financial assistance to the clubs.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 29 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

DETAILS:

The Town has received written submissions from the Subiaco-Floreat Cricket Club (SFCC), the Wembley Athletic Club (cricket section) and the Cambridge Croquet Club in relation to their requests for future financial support from the Town for management and maintenance of turf facilities. Copies are provided as Attachments 1-3.

A summary of various points raised by the Clubs are outlined below:

1. Subiaco Floreat Cricket Club

Subiaco Floreat Cricket Club has requested an increase from $50,000 per annum to $55,000 per annum plus annual National Consumer Price Index increases each year for a five (5) year period.

1.1 Reasons cited for the request for an increase in funding

• Increase of capital costs for machinery and equipment to maintain the wickets; • The club has a net average loss of $48,000 per year for turf management (taking into consideration the Town's $50,000 subsidy). These costs are outlined in the club letter, Attachment 1; • Increased club membership numbers including women's team which has led to a higher level of usage of the turf. This has increased the maintenance and preparation of the training and playing wickets. The club has approximately 180 players utilising both turf wickets. • There is a duplication of capital costs associated with repair and maintenance, as the club hires 2 reserves - Floreat Oval and Alderbury Reserve. • No financial support Western Australian Cricket Association (WACA) for turf management. SFCC has lobbied the WACA and Cricket Australia to increase their funding to support the costs of operating a club and with limited success, however the Club relies on its members and supporters to continue to fund the shortfall. • Inflation

1.2 Request for similar terms of agreement

SFCC's preference is to maintain similar terms of the agreement including: a) SFCC to engage a contractor to complete turf maintenance

• Turf maintenance and wicket preparation is a specialist skill set and SFCC feels it is best positioned to engage these services to obtain the best value for money and to ensure the wickets are prepared to an acceptable standard. • The contractor works on weekend and public holidays to ensure the wickets are prepared appropriately. This gives flexibility to work when required, which may be more difficult to achieve in other structure. • By having the curators on site, it assists with the ongoing maintenance of the ground. The curator presence deters vandalism, identifies watering and other issues on a timely basis and assists with the upkeep of the facility as a whole which is enjoyed by the community. The club and curators work has resulted in the ground consistently receiving awards for the best maintained wickets in the WACA competition and has been sought after by international sides including England, India and South Africa to use for training purposes.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 30 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019 b) Term of agreement

• To allow for the Club's medium term planning a minimum of a 5 year agreement is requested. Given the lifecycle of plant equipment and the ability to engage suitable curators, a lesser period would impact on the ability to plan appropriately and obtain the best value for money.

1.3 Other Considerations a) Community involvement

SFCC notes they are highly engaged with Cambridge schools and the community as a whole to provide coaching, mentoring and support to the community and an aspirational pathway for young cricketers. b) Performance

SFCC has been the recipient of the following awards:

2015 - 2018 Winner of the best cricket wickets in Western Australia 2015 and 2017 Winner of the Spirit of Cricket Award (based on behaviours, conduct by all players) 2016/17 Premiership 1st Grade 2015-2018 Club with the highest number of state and international representatives (14 players) 2016 – 2018 Award for finishing as a Top 3 Club for developing players within WA Premier Cricket

2. Wembley Athletic Club

The Wembley Athletic Club (WAC) have requested an increase from $20,000 per annum to $25,000 per annum plus annual National Consumer Price Index increases each year for a five (5) year period.

2.1 Reasons cited for the increase in funding

• The club has a Net average loss of $35,000 per year for turf management (taking into consideration the Town's $20,000 subsidy). Due to the considerable outgoings for Pat Goodridge (WSP) turf maintenance over many years the WAC has a clear understanding of all associated costs and it is their view that the maintenance costs for the Pat Goodridge (WSP) turf wickets is greater than fifty-five thousand dollars $55,000 per year. This cost would be even higher if not for significant voluntary labour. • Increase in participation numbers including over 100 junior girls at the Wembley District Junior Cricket club where it is hoped there is a pathway to senior turf cricket.

2.2 Other Considerations a) High standard of maintenance

The WAC recognizes due to the support from the Town and together with the high level of volunteer support the club has seen continued overall improvement to the turf facilities, with many WASTCA finals played at Pat Goodridge (WSP) in recognition of the excellent conditions.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 31 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

3. Cambridge Croquet Club

The Cambridge Croquet Club have requested the same level of financial support received previously of $30,000 per annum plus annual National Consumer Price Index increases each year for a five (5) year period.

3.1 Reasons cited for funding request:

• Net average loss of $25,000 per year for turf management (taking into consideration the Town's $30,000 subsidy). The fixed and variable lawn costs represent by far the major expenditure items of the Club. The Town estimated the cost to maintain the turf in 2013/14 was $50,000 per annum. The total has increased to $63,175 in 2017/18. This represents cost inflation of about 6.5% per annum which is difficult for the Club to manage. The club is currently embarking upon a new tender exercise aimed at more tightly controlling this aspect of their activities. Total expenditure on lawn care was $223,747 for the four year period and after grant receipts of $120,000 the steadilly growing shortfall borne by the Club was $103,747. b) Ongoing maintenance issues

Since their construction, the croquet lawns have had some issues including the need for renovation by lawn insert, root pruning, border runoff and reticulation, which require continual attention and cost. The option of relaying all four lawns involves currently prohibitive capital costs. c) Increased club membership numbers and use by the community

Cambridge has grown to become WA’s largest Club, performing well in major croquet codes and increasingly active in offering participation in croquet to a large variety of local community groups. Including schools private and public, other local sports clubs, Ocean Gardens residents, disadvantaged and at risk young people, Town of Cambridge Coffee Club, patrons of the local tavern and small to large corporates. d) No financial support provided from Croquetwest

Croquetwest, the State Sporting Association does not provide any financial support to the Cambridge Croquet Club with turf management, and will not be in a position to provide any financial support in the future.

3.2 Other Considerations a) High standard of maintenance

Due to the achievements and dedicated co-operative efforts of the Town’s workforce, the Croquet Club's current turf care contractor and club members, Cambridge Croqet Club have continued to offer high quality playing surfaces. Cambridge Croqet Club is now an internationaly recognised croquet facility and a venue of choice for major national world ranked tournaments.

Summary

Subiaco Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet Club have all maintained their respective turf facilities to a high standard for the period of the agreements.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 32 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

It is acknowledged that costs to maintain turf facilities have increased over the years with limited or no financial support for turf management provided by the respective State Sporting Associations. The Town has also reviewed the financial support provided by other Local Governments to turf maintenance and management (Attachment 4). The Town notes the requests for an increase in funding from the SFCC and WAC, however, it is recommended that the following level of financial assistance be supported:

• Subiaco Floreat Cricket Club

Financial assistance remains at $50,000 (ex GST) per annum with no National Consumer Price Index. With 180 players accessing the wickets this equates to $278 per player per annum

• Wembley Athletic Club

Financial assistance remains at $20,000 (ex GST) per annum with no National Consumer Price Index. With approximately 60 players currently accessing the wickets this equates to $333 per player per annum.

• Cambridge Croquet Club

Financial assistance remains at $30,000 (ex GST) per annum with no National Consumer Price Index. With approximately 140 players accessing the turf weekly this equates to $214 per player per annum.

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

If supported an amount of $100,000 per annum (ex GST) will be included in the following years Draft Budgets:

Table 2: Budgets Allocations 2019/2020 to 2023/2024

Club Year 1 Year 2 Year 3 Year 4 Year 5 Total 2019/20 2020/21 2021/22 2022/23 2023/24

Subiaco $50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Floreat Cricket Club Wembley $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 Athletic Club

Cambridge $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 Croquet Club

Total $100,000 $100,000 $100,000 $100,000 $100,000 $500,000

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 33 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

STRATEGIC DIRECTION:

This report recommendation embraces the following strategies of the Town's Strategic Community Plan 2018-2028:-

Our Community

Goal 2: Quality local parks and open spaces for the community to enjoy

Strategy 2.1 Adopt a more strategic and coordinated approach to the planning of our parks and greenspaces recognising their diverse roles and local community preferences

Strategy 2.2 Improve the maintenance and provision of amenities in our local parks and district open spaces reflecting local values and priorities and the broader regional demand on facilities

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy No 1.2.11. In accordance with the assessment criteria, a "Consult" level of assessment has been made. Subiaco Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet have all been consulted and their feedback included in this report.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council:-

1. NOTES the requests from the Subiaco Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet Club for financial assistance in maintaining playing surfaces;

2. APPROVES the renewal of the Turf Maintenance and Management Agreement between the Town and the Subiaco Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet Club for another five (5) year period, effective from 1 July 2019 to 30 June 2024, under the same terms and conditions;

3. APPROVES of financial assistance of $50,000 (ex GST) for 2019/2020 and all following years (no National Consumer Price Index) up to the next review in 2024 for turf cricket wicket maintenance at Floreat Oval and Alderbury Reserve for Subiaco Floreat Cricket Club;

4. APPROVES of financial assistance of $20,000 (ex GST) for 2019/2020 and all following years (no National Consumer Price Index) up to the next review in 2024 for turf cricket wicket maintenance at Pat Goodridge Reserve for Wembley Athletic Club;

5. APPROVES of financial assistance of $30,000 (ex GST) for 2019/2020 and all following years (no National Consumer Price Index) up to the next review in 2024 for turf facility maintenance for Cambridge Croquet Club; and

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 34 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

6. REQUESTS Subiaco Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet Club agree to the conditions of their respective 2019 - 2024 Turf Management Agreements, sign and return them to the Town.

Committee Meeting 15 April 2019

The Presiding Member ruled that this item be brought forward to the start of the reports due to the number of people who have attended the meeting for this item.

During discussion, Cr Carr suggested that the proposed financial assistance for the Subiaco Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet Club be increased by $5,000.

AMENDMENT:

Moved by Cr Carr, seconded by Cr McAllister

That clauses 3, 4 and 5 of the motion be amended to read as follows:-

3. APPROVES of financial assistance of $55,000 (ex GST) for 2019/2020 and all following years (no National Consumer Price Index) up to the next review in 2024 for turf cricket wicket maintenance at Floreat Oval and Alderbury Reserve for Subiaco Floreat Cricket Club;

4. APPROVES of financial assistance of $25,000 (ex GST) for 2019/2020 and all following years (no National Consumer Price Index) up to the next review in 2024 for turf cricket wicket maintenance at Pat Goodridge Reserve for Wembley Athletic Club;

5. APPROVES of financial assistance of $35,000 (ex GST) for 2019/2020 and all following years (no National Consumer Price Index) up to the next review in 2024 for turf facility maintenance for Cambridge Croquet Club.

Amendment put and CARRIED (3/2)

For: Crs Bradley, Carr and McAllister Against: Mayor Shannon and Cr Timmermanis

COMMITTEE RECOMMENDATION:

That Council:-

1. NOTES the requests from the Subiaco Floreat Cricket Club, Wembley Athletic Club and Cambridge Croquet Club for financial assistance in maintaining playing surfaces;

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 35 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 36 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.35 REABOLD TENNIS CLUB - HARD COURT SURFACE REFURBISHMENT

SUMMARY:

Reabold Tennis Club (RTC) is a long-term, vibrant, tennis facility in the Town with 18 courts of which eight are hard courts and ten are grass. The hard courts are plexi-cushion of the same high standard as the Hopman Cup and Australian Open courts. The hard-court surfaces are ten years old and are due for resurfacing; this includes a regrinding of the court surface with a four- coat treatment being applied. This treatment is expected to maintain the court surfaces to a high standard for another ten years.

This report recommends that $77,000 (ex GST) be funded from the Club and Association Reserve to undertake and complete the hard court refurbishment at RTC. It is expected that the works will be completed in January 2020.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: Cnr Howtree Place and Oceanic Drive Floreat Report Date: 8 April 2019 Responsible Officer: Cam Robbins Acting Director Corporate and Community Services Reporting Officer: Paul O'Keefe Coordinator Property and Governance Contributing Officer: Not Applicable Reporting Officer Interest Nil Attachment(s): Nil

BACKGROUND:

Reabold Tennis Club (RTC) in the Town of Cambridge was established in 1956. It currently has 18 grass/hard courts and high standard facilities. The plexi-cusion hard courts (8 in total) are the same standard as used in the Hopman Cup and Australian Open courts and are available all year round and are fully flood lit for use at night.

RTC currently has 251 members with an additional 300 people, mainly school children, who receive professional coaching at the club. The Club has numerous senior pennant and junior pennant teams in the local competitions and involving a large number of players. The RTC courts are also available to the community.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 37 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

DETAILS:

Scope of works

There are currently eight plexi-cushion hard courts which were installed around ten years ago. The normal useful life of these courts is ten years and the courts are showing signs of wear and tear with cracks, bubbles and divots appearing in the surface.

Contractors have recommended to RTC that the surfaces be repaired which will require the surface to be reground with several layers of the plexi-cushion material re-laid.

This does not require a complete removal of the playing surface as in some other hard/synthetic courts refurbishments. It is expected that the repair to the courts will take six weeks with works commencing over the summer period in 2020 when the grass courts will be available to club members and the weather is dry.

The Town, in conjunction with the RTC, will undertake the procurement of the works. As the cost of the project is above $50,000, the purchasing process will entail a Request for Quotation (RFQ) process.

The Building Asset Replacement Fund was established in 2011 with annual contributions being made by both the Town and the Club on two thirds (Town) and one third (Club) contributions.

Under the Community Facilities Asset Management Policy 3.1.10, the cost of renewing a synthetic surface may be withdrawn from the respective community facility fund. Currently, there are sufficient funds set aside for this capital work, the RTC synthetic surface/Lighting balance being at $178,050.

POLICY/STATUTORY IMPLICATIONS:

Policy Number 3.1.10 - Community Facilities Asset Management Policy

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 38 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

FINANCIAL IMPLICATIONS:

The hard court refurbishment works at RTC will be funded through the Club and Associations Reserve with no cost implications in the 2019/2020 Draft Budget. Under the Leasing Policy, the cost of renewing a synthetic surface maybe withdrawn from the respective community facility fund established under clause 5.1 of the policy, to the extent that the fund balance covers the cost of renewal.

RTC has been met this requirement with reserve funds available to cover the $77,000 cost.

STRATEGIC DIRECTION:

Refurbishment of the hard tennis courts at RTC supports a number of goals in a number of Priority Areas within the Town’s Strategic Community Plan 2018 - 2028 specifically:

Our Community

Goal 3 An active, safe and inclusive community

Strategy 3.1 Focus on improving and expanding those places where community groups interact to encourage greater participation

Strategy 3.2 Continue to deliver more programs which support local clubs and community groups and their capacity to run their community activities

Strategy 3.3 Encourage a range of activities that better align with the diverse needs of ratepayers of all ages, cultures and abilities

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. In accordance with the assessment criteria it was determined that community engagement is not required as the matter is administrative.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council APPROVES an amount of $77,000 to be funded from the Club and Association Reserve (with no cost implications in the 2019/2020 Draft Budget) for the resurfacing of the Reabold Tennis Clubs plexi-cushion courts.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 39 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.36 RESTORATION OF SCOUT JAMBOREE MEMORIAL AND CONSTRUCTION OF A PICNIC SHELTER AT PERRY LAKES RESERVE

SUMMARY:

In 1982, a Scout Jamboree Memorial was erected near the eastern lake at Perry Lakes to commemorate the State of Western Australia 150th anniversary, Scouts 75th anniversary and the World Scout Jamboree held at Perry Lakes in 1979/1980. The memorial was subsequently updated following the World Scout Jamboree in 1994/1995. After 36 years, parts of the memorial have fallen into disrepair; the Scout Association of WA has approached the Town for financial assistance to restore the memorial and to seek approval to construct a Picnic Shelter to house the history of the two Scout Jamborees held at Perry Lakes.

The total project cost is envisaged to be $50,000 with funding being sought from Lotteywest ($40,000) and Cambridge Scouts ($4,000) and the Town ($6,000).

This report recommends a contribution of $6,000 to be included in the 2019/2020 Draft Budget to the Scout Association of WA to assist in the restoration of the Scout Jamboree Memorial and the construction of a Picnic Shelter at Perry Lakes. If the Lotteywest funding application is not successful, further funding will be requested from the Town.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes.

Quasi-Judicial When the Council determines an application/matter that directly affects

a person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. Information For the Council/Committee to note.

Address/Property Location: Perry Lakes Reserve Report Date: 5 April 2019 Responsible Officer: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Paul O'Keefe, Coordinator Property and Purchasing Contributing Officer: Nil Reporting Officer Interest Nil Attachment(s): 1. Scout Jamboree Memorial information and artist impressions 2. Design of proposed Scout Picnic Shelter 3. Scout Association supporting letter

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 40 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

BACKGROUND:

The Scout Memorial has been in place on the West Bank of the East Lake within the Perry Lakes Reserve for the past 37 Years. The memorial main sculpture is constructed of low- grade Stainless Steel and still in good order, but the surrounding concrete has deteriorated and has been stained by the overhanging tuart trees and the reticulation

DETAILS:

1. Scout Jamboree Memorial

Scouts WA plan to restore the memorial back to pristine condition by pressure cleaning the existing concrete and information plaques to ascertain as to what can be salvaged as the concrete and plaques have deteriorated over time. If the concrete cannot be salvaged due to its poor condition, the concrete will be removed from site and the information plaques removed and stored while the restoration works are in progress.

If the concrete is to be replaced, a base of lime stone crushing's will be placed around the memorial and compacted to form a new hard base for a new concrete 125mm thick slab, with the two salvaged information plaques reset into the concrete along with two new information plaques will be fitted to match the existing plaques. A safety fence will be erected whilst work is being carried out with all Insurance liabilities covered by the Scout Association W.A. Branch.

2. Proposed Picnic Shelter/ Signage

In addition to the memorial works, Scouts WA are seeking approval to erect a Picnic shelter, complete with tables and benches. The shelter would be located 25metres North West of the existing Jamboree Memorial where the history of the 1979-80 Jamboree and the History of the 1994-95 Jamboree will be displayed within the ceiling space (an artist impression is contained within attachment 1) which the protects the artwork from destruction from the Tuart Trees and Bore Water staining.

The construction materials to be use will be Corrugated Iron, Brick, Galvanised Iron and concrete. Building plans and steel fabrication plans are attached to the report as attachment 2. If approved by the Town, the project will be managed by the Cambridge Scouts with guidance provided by the Town. The Scout Association W.A. Branch has forwarded a letter to the Town in support of the plans of the Jamboree Memorial Refurbishment and the construction of the Picnic Shelter to house the history of the two Jamborees held at Perry Lakes 1979-80 and 1994-95 which is attached to this report.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 41 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

3. Funding

Both projects will cost approximately $50,000 in total; Scouts WA are currently seeking funding from:

• A grant application to LotteryWest $40,000 • Donations from Scout members $4,000 (currently)

This report recommends a contribution of $6,000 be approved in the 2019/2020 Draft Budget to assist with the restoration of the Scout Jamboree Memorial located at Perry Lakes and the construction of a Picnic Shelter. If the Lotterywest funding application is not successful, additional funds will be required from the Town

POLICY/STATUTORY IMPLICATIONS:

This construction will require a Development Application and MRS Form 1 to be signed by the Acting Chief Executive Officer as the landlord and submitted to the Town's Planning and Development Directorate and WAPC.

FINANCIAL IMPLICATIONS:

A contribution of $6,000 to be included in the 2019/2020 Draft Budget to the Scout Association of WA to assist in the restoration of the Scout Jamboree Memorial and the construction of a Picnic Shelter at Perry Lakes.

STRATEGIC DIRECTION:

The restoration of the Scout Jamboree Memorial at Perry Lakes supports a number of goals in a number of Priority Areas within the Town’s Strategic Community Plan 2018 - 2028 specifically:

Our Community

Goal 3 An active, safe and inclusive community

Strategy 3.1 Focus on improving and expanding those places where community groups interact to encourage greater participation

COMMUNITY ENGAGEMENT:

Committee Meeting 15 April 2019

The Presiding Member ruled that this item be brought forward and considered after Item CR19.34 at the start of reports.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 42 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council:

1. APPROVES the construction of a Picnic Shelter to house the history of the two Scout Jamborees that were held at Perry Lakes in 1979/1980 and 1994/1995;

2. LISTS FOR CONSIDERATION an amount of $6,000 in the 2019/2020 Draft Budget to the Scout Association of WA to assist in the restoration of the Scout Jamboree Memorial and the construction of a Picnic Shelter at Perry Lakes; and

3. INFORMS the Scout Association of WA that the ongoing repairs and maintenance of the Scout Memorial and Picnic Shelter is the responsibility of Scouts WA.

Committee Meeting 15 April 2019

During discussion, Members agreed that, as the outcome of the Lottery West funding application is unknown at this stage, the construction of a Picnic Shelter be approved in principle and the matter of ongoing repairs and maintenance of the Scout Memorial and Picnic Shelter be discussed at a later date.

AMENDMENT:

Moved by Cr Timmermanis, seconded by Mayor Shannon

That clauses 1 and 2 of the motion be amended to read as follows and clause 3 be deleted:-

1. APPROVES in principle the construction of a Picnic Shelter to house the history of the two Scout Jamborees that were held at Perry Lakes in 1979/1980 and 1994/1995;

Amendment put and CARRIED (5/0)

COMMITTEE RECOMMENDATION:

That Council:-

1. APPROVES in principle the construction of a Picnic Shelter to house the history of the two Scout Jamborees that were held at Perry Lakes in 1979/1980 and 1994/1995;

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 43 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.37 PAYMENT OF ACCOUNTS - MARCH 2019

SUMMARY:

Under the Local Government (Financial Management) Regulations 1996, payments of accounts made by the Town are to be submitted to Council. The report contains a summary of payments made for the month with detailed payment listings attached providing more information.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g.

adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies.

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: N/A Report Date: 10 April 2019 File Reference N/A Responsible Executive/Director: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Roy Ruitenga, Manager Finance Contributing Officer: N/A Reporting Officer Interest: Nil Attachment(s): Account Payment Listing

BACKGROUND:

Section 6.10 of the Local Government Act 1995 requires the keeping of financial records and general management of payments, which is further specified in regulation 13 of the Local Government (Financial Management) Regulation 1996. A list of accounts is to be prepared each month which is to be presented to the Ordinary meeting of Council showing the payee's name, the amount of payment, the date of the payment and sufficient information to identify the transaction.

DETAILS:

A list of the cheques raised and Electronic Funds Transfers for the payment of accounts from the Municipal Account (and Trust Account where applicable) for the past two months.

POLICY/STATUTORY IMPLICATIONS:

Payments are in accordance with Policy No. 3.2.3 “Council Bank Accounts and Payments”.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 44 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

FINANCIAL IMPLICATIONS:

Expenses incurred are charged to the appropriate items included in the annual budget.

STRATEGIC DIRECTION:

This report recommendation embraces the following strategies of the Town's Community Plan 2018-2028:-

Our Council

Goal 9: Transparent, accountable governance Strategy 9.1 Implement initiatives that strengthen governance skills, transparency and knowledge

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Consultation Policy. In accordance with the assessment criteria it was rated at Level 1, for which no community consultation is required.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council CONFIRMS, in accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, the schedule of accounts, as detailed below and attached.

(i) CHEQUE PAYMENTS

Date From Date To Details Amount

Municipal Fund 01-March-2019 08-March-2019 056009 - 056042 $55,092.37 Municipal Fund 15-March-2019 15-March-2019 056043 - 056059 $90,688.12 Municipal Fund 22-March-2019 22-March-2019 056060 - 056092 $44,232.27 Municipal Fund 29-March-2019 29-March-2019 056093 - 056116 $51,468.95 Wembley Golf Course 01-March-2019 31-March-2019 000635 - 000655 $30,939.04 $272,420.75

(ii) ELECTRONIC FUND TRANSFERS (EFT'S)

Date From Date To Details Amount

Investments 01-March-2019 31-March-2019 INV01093 - INV01095 $5,074,919.65 Direct Bank Charges 01-March-2019 31-March-2019 SUP493 - Sup497 $69,410.23 Accounts Payable 05-March-2019 07-March-2019 E36090 - E36158 $278,712.86 Accounts Payable 08-March-2019 14-March-2019 E36159 - E36261 $472,514.13 Accounts Payable 15-March-2019 22-March-2019 E36262 - E36386 $2,277,149.39 Accounts Payable 26-March-2019 26-March-2019 E36387 - E36495 $795,768.40 Payroll 01-March-2019 29-March-2019 Pay 1137 - Pay 1146 $1,617,094.96 Wembley Golf Course 01-March-2019 31-March-2019 EP000370 - EP000376 $184,169.31

Total EFT Payments $10,769,738.93

TOTAL PAYMENTS $11,042,159.68

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 45 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.38 INVESTMENT SCHEDULE - MARCH 2019

SUMMARY:

The Council invests funds that are surplus to operational requirements with various financial institutions and reports on the amounts invested, the distribution of those funds and the financial performance of each investment, being interest earned, against year to date budget.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g.

adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies.

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that November be appealable to the State Administrative Tribunal. Information For the Council/Committee to note. 

Address/Property Location: N/A Report Date: April 2019 File Reference: N/A Responsible Executive/Director: Cam Robbins, Acting Director Corporate and Community Services Reporting Officer: Roy Ruitenga, Manager Finance Contributing Officer: N/A Reporting Officer Interest Nil Attachment(s): 1. Prudential Consolidated Investment Report - March 2019

BACKGROUND:

Council’s Investment Policy No. 3.2.5 allows for investing of funds into direct investment products and managed funds which comply with both the credit risk rating and terms to maturity guidelines as set out in the policy.

DETAILS:

Investment Portfolio Performance

At its April 2019 meeting, the Reserve Bank of Australia decided to leave the cash rate unchanged at 1.50% as expected.

The global economy remains reasonable, although growth has slowed and downside risks have increased. In response to slowing in growth in the economy, the Chinese authorities have taken further steps to ease financing conditions. Globally, both inflation and unemployment rates in most advanced economies remains low and wages growth has picked up.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 46 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

In Australia, there has been a significant increase in employment and unemployment rate is at 4.9 per cent, continued improvement in the labour market has led to some pick-up in wages growth. Growth in household consumption is being affected by the protracted period of weakness in real household disposable income. Low interest rates continue to support economic growth.

Looking forward, in terms of the Town’s investment portfolio, interest rates remain much the same. The major banks rates for one to three month terms are on average 2.13%, for terms of four to six months on average 2.37% and for terms of seven months to nine months on average 2.36%. The UBS Bank Bill Index rate (an index measuring performance of interest rates over a 90 day period) was 1.96% for March 2019. The 90 days BBSW or Bank Bill Swap rate (a measure of future interest rates) was 1.77% as at 29 March 2019. As Council’s investment portfolio is predominantly short term cash products, the cash rate of 1.50% for March 2019 is the more appropriate performance measure.

Against these interest rate indicators, the Town's investment portfolio outperformed the cash rate with a weighted average interest rate of 2.69%. The weighted average investment period of 188 days (approximately six months) is consistent with term deposit rates (with the major Australian banks) which for this period were an average of 2.37%.

Investment Portfolio Performance for March 2019

The graphs below show the interest rate performance of the Town's investment portfolio for the 12 month period March 2018 to March 2019.

Investment Performance Interest Rates For March 2018 to March 2019 4.00

3.00

2.00

1.00

0.00

Weighted Avg Interest UBS Bank Bill Index Cash Rate

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 47 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

The graph below shows the rolling 12 month weighted average investment performance of the Town's investment portfolio, since March 2016.

Rolling Weighted Average Investment Performance Interest Rates For March 2016 to March 2019

6.00

5.00

4.00

3.00

2.00

1.00

0.00 Mar-16 Jun-16 Sep-16 Dec-16 Mar-17 Jun-17 Sep-17 Dec-17 Mar-18 Jun-18 Sep-18 Dec-18 Mar-19

Weighted Avg Interest 90 UBS Bank Bill Index

The total investment at the end of March 2019 is $47.4 million which consists of Municipal Funds of $21.8 million, Reserve Funds of $22.5 million, Endowment Lands Funds of $3 million and Trust Funds of $104k.

The graph below represents the total investment portfolio of the Town from March 2018 to March 2019.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 48 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Millions Investment Portfolio

78 75 72 69 66 63 60 57 54 51 48 45 42 39 36 33 30 27 24 21 18 15 12 9 6 3 0 Mar 18 Apr 18 May 18 Jun 18 Jul 18 Aug 18 Sep 18 Oct 18 Nov 18 Dec 18 Jan 19 Feb 19 Mar 19

Reserves Endowment Trust Municipal

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 49 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

The Managed Cash Funds performance as at the end of March 2019 is as follows:

Current % of Weighted Term Interest March 2019 Total Amount Funds Average (Days) Rating Rate Income Invested Invested Interest Floating Rate Notes . Emerald Reverse Mortgage "AA" 2.36% $1,174 $584,345 1.23% 0.03%

Sub-total $1,174 $584,345 1.23% 0.03% Term Deposits and Bank Bills ANZ - Term Deposit 153 "A1+" 2.66% $3,389 $1,511,259 3.19% 0.08% ANZ - Term Deposit 129 "A1+" 2.60% $4,416 $2,005,841 4.23% 0.11% BANKWEST - Term Deposit 364 "A1+" 2.70% $234 $104,225 0.22% 0.01% BANKWEST - Term Deposit 147 "A1+" 2.60% $3,341 $1,524,414 3.21% 0.08% BANKWEST - Term Deposit 119 "A1+" 2.50% $4,303 $2,031,201 4.28% 0.11% BANKWEST - Term Deposit 153 "A1+" 2.65% $3,376 $1,516,553 3.20% 0.08% BANKWEST - Term Deposit 119 "A1+" 2.60% $2,223 $1,009,779 2.13% 0.06% NAB - Term Deposit 154 "A1+" 2.71% $5,898 $2,582,143 5.44% 0.15% NAB - Term Deposit 252 "A1+" 2.76% $4,763 $2,048,877 4.32% 0.12% NAB - Term Deposit 151 "A1+" 2.72% $7,040 $3,068,697 6.47% 0.18% NAB - Term Deposit 208 "A1+" 2.70% $4,586 $2,028,701 4.28% 0.12% NAB - Term Deposit 90 "A1+" 2.45% $679 $2,022,493 4.26% 0.10% NAB - Term Deposit 182 "A1+" 2.70% $6,879 $3,033,953 6.40% 0.17% NAB - Term Deposit 151 "A1+" 2.73% $2,319 $1,009,125 2.13% 0.06% NAB - Term Deposit 85 "A1+" 2.67% $4,535 $2,008,778 4.24% 0.11% AMP - Term Deposit 271 "A2" 2.80% $3,567 $1,503,682 3.17% 0.09% Westpac - Term Deposit 368 "A1+" 2.72% $1,534 $665,925 1.40% 0.04% Westpac - Term Deposit 370 "A1+" 2.73% $4,667 $2,017,521 4.25% 0.12% Westpac - Term Deposit 361 "A1+" 2.70% $9,173 $4,009,468 8.45% 0.23% Suncorp - Term Deposit 118 "A1" 2.55% $1,865 $1,028,339 2.17% 0.06% Suncorp - Term Deposit 245 "A1" 2.60% $4,475 $2,031,390 4.28% 0.11% Suncorp - Term Deposit 183 "A1" 2.81% $2,402 $1,015,213 2.14% 0.06% Suncorp - Term Deposit 169 "A1" 2.68% $2,296 $1,014,788 2.14% 0.06% Suncorp - Term Deposit 120 "A1" 2.55% $1,982 $2,028,612 4.28% 0.11% Suncorp - Term Deposit 89 "A1" 2.75% $4,671 $2,009,041 4.24% 0.12% Suncorp - Term Deposit 127 "A1" 2.75% $4,671 $2,009,041 4.24% 0.12% Term Deposit Matured in March $8,304 Sub-total $107,588 $46,839,063 98.77% 2.66%

Total Investments $108,762 $47,423,407 100.00% 2.69% Weighted Average 188 2.69%

POLICY/STATUTORY IMPLICATIONS:

The general, reserves and Endowment Lands funds are invested in accordance with the guidelines set down in the Town’s Policy No. 3.2.5 – Investment.

FINANCIAL IMPLICATIONS:

Interest from investments represents a significant revenue item in the Council’s Budget and it is therefore important that the Council’s investment performance is monitored closely. Detailed monthly reports together with detailed policy investment guidelines support this.

The Investment Schedule, as circulated, provides details of the performance of each individual investment to date. A summary of the investment performance to budget is provided below:

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 50 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Actual as at Budget YTD Budget Actual as at June 2018 2018/2019 March 2019 March 2019 %

General * 482,490 481,500 354,500 401,990 83.5% Reserves 1,126,579 449,500 440,000 549,657 122.3% Endowment Lands 126,009 150,000 144,000 113,011 75.3% External Investments 1,735,078 1,081,000 938,500 1,064,658 98.5%

Reserve (Internal Loan) 327,000 245,500 246,503 75.4% Endowment Lands (Internal Loan) 796,281 766,500 575,600 578,666 75.5% Internal Loans 796,281 1,093,500 821,100 825,169 75.5%

Total Investments 2,531,359 2,174,500 1,759,600 1,889,827 86.9%

* Includes Bank Account Interest of $40,762.

STRATEGIC DIRECTION:

The investment of Council funds is consistent with the Town's Strategic Community Plan, specifically:

Our Council

Goal: 11 An efficient local government.

Strategy: 11.1 Invest our wealth wisely so that current and future generations benefit.

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Consultation Policy. In accordance with the assessment criteria it was rated at Level 1, for which no community consultation is required.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council RECEIVES the Investment Schedule as at 31 March 2019 as attached.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 51 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.39 DOCUMENTS SEALED - MARCH 2019

SUMMARY:

To advise Council of documents that have been affixed with the Common Seal of the Town of Cambridge.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g.

adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies.

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: 1 Bold Park Drive, Floreat WA 6014 Report Date: 9 April 2019 File Reference: Responsible Executive/Director: John Giorgi, JP Acting Chief Executive Officer Reporting Officer: Tracey Jackson, Executive and Elected Members Liaison Officer Contributing Officers: Not Applicable Attachments: Not Applicable

BACKGROUND:

There is no statutory requirement for the Council to give prior approval for the Seal of the Municipality to be placed on documents, however, Council Policy directs the type of documentation to which the seal may be affixed, and requires a subsequent report to Council.

DETAILS:

A schedule of documents affixed with the Common Seal of the Town of Cambridge appears below:

Date Sealed Document Details Purpose No. Copies Transfer of land to State of 2 April 2019 Land Transfer WA for the creation of Allison 1 Drive, Wembley

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 52 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

POLICY/STATUTORY IMPLICATIONS:

There are no Policy or Statutory Implications related to this report.

FINANCIAL IMPLICATIONS:

There are no Financial Implications related to this report.

STRATEGIC DIRECTION:

This report recommendation embraces the following strategies of the Town's Strategic Community Plan 2018-2028:-

Our Council

Goal 9: Transparent, accountable governance Strategy 9.1 Implement initiatives that strengthen governance skills, transparency and knowledge

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

COMMUNITY ENGAGEMENT:

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council NOTES the Town of Cambridge Common Seal has been affixed to the documents as detailed in this report.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 53 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

CR19.40 RANGER SERVICES STATISTICS FOR 1 JANUARY 2019 TO 31 MARCH 2019

SUMMARY:

To provide Council with Ranger Services Statistics for the three month period from 1 January 2019 to 31 March 2019.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g.

adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies.

Review When the Council operates as a review authority on decisions made by

Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a

Address/Property Location: 1 Bold Park Drive Floreat Report Date: 9 April 2019 Responsible Officer: Marlene Lavery Director Planning and Development Reporting Officer: Luke Evans - Coordinator Ranger and Community Safety Services Contributing Officer: Nil Reporting Officer Interest Nil Attachment(s): Nil

DETAILS:

Parking

A total of 2787 parking infringement notices (including cautions) were issued during the period, with a summary of offences provided below:

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 54 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Expired or no ticket 1593

Fail to display permit 252

Parking outside a marked bay 207

Parking more than allowed… 197

Parking in a clearway 156

All other offences 120

Stopping contrary to no… 100

Loading Zone offence 51

Parking contrary to no… 44

Stopping on a verge 28

ACROD Offence 24

Obstructing footpath 15

0 500 1000 1500 2000

Parking Appeals

A total of approximately 500 appeals were received during the period either disputing or querying the parking infringements issued within the Town. All appeals are processed in accordance with Council Policy No: 4.4.8 -'Appeal of Infringement Notices'.

Residential Parking Permits

A total of 1097 residential parking permits are currently valid in the Town of Cambridge. The permits were issued in accordance with Council Policy No. 4.4.9 – 'Parking Permits' and in accordance with Town of Cambridge Parking Local Law 2016

Parking Prosecutions

A total of 2 parking prosecutions were finalised during the period. One of the prosecutions was found in favour of the Town with fines and costs awarded. The other prosecution was withdrawn due to the Town's key witness becoming unavailable.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 55 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Animal Control

Dog Complaints

A total of 206 complaints concerning dogs were received during the period:

12 10

Dog Attacks Dog Barking

181 General

General complaints include matters such as; • dogs wandering, • dogs off-leash in non-dog exercise areas, • dog registration complaints/issues, • failure to pick up dog faeces and other general dog complaints.

Dog Attacks

A total of 12 dog attacks on people and/or other animals were reported during the period with 7 of these incidents either resulting in an infringement/caution, with an investigation pending or report being ceased:

(Note some Dog attacks had multiple offences/victims)

Dog attack on animal Dog attack on person 13

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 56 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

1 Infringement/Caution 5 7 Investigation pending Closed without action

Dog Impounding

A total of 13 dogs were impounded during the period. Of the 13 dogs impounded, all were claimed by their owners.

Dog Offences

A total of 28 Cautions citations and 26 were infringement notices were issued to offenders in the report period. These were issued for contravention of the Dog Act 1976.

Attended Jobs

Rangers attended or observed 524 jobs in the reporting period. These jobs were either sighted by Rangers while patrolling, or as a result from administration issuing response jobs from the community.

Police Matters

There were 3 assaults on Rangers were investigated by WA Police in the reporting period. The Police laid a total of three charges on offenders and issued one infringement for disorderly conduct.

Illegal Dumping

There were 9 reported cases of illegal dumping reported during the period although in most cases the source was unable to be identified and simply referred to the Town's waste services for waste collection.

There was 1 Infringement issued during the reporting period. The evidence in that case was obtained from a resident's CCTV system.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 57 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Local Government and Public Property Local Law 2017

There were 6 citation notices were issued for contraventions of the Town's Local Government and Public Property Local Law 2016; these consisted of failing to obtain permits to camp, behaviour likely to cause injury and failing to comply with a sign erected at the beach.

Bush Fire Inspections:

A total of 5 cautions were issued for non-compliance during the reporting period. These were issued for failure to clear land as requested by the Town of Cambridge in line with the Bush Fires Act 1954. The next Bushfire season starts on 1 November 2019 and ends on 31 March 2020.

Abandoned Vehicles (Parking Local Law 2016)

A total of 33 complaints and enquiries were received during the period and numerous ‘Requirement to Remove Notices’ were placed on the offending vehicles. 3 vehicles were towed to the Town's contracted Abandoned Vehicle Compound.

POLICY/STATUTORY IMPLICATIONS:

• Bush Fires Act 1954. • Dog Act 1976; • Litter Act 1979; • Local Government Public Property Local Law 2017; • Parking Local Law 2016;

FINANCIAL IMPLICATIONS:

There are no Financial Implications related to this report.

STRATEGIC DIRECTION:

The enforcement of relevant laws, policies and regulations by Ranger Services aligns with key priorities within the Town's Strategic Plan 2018 – 2028 as follows:

Our Environment

Goal 7: The Town is environmentally responsible and leads by example Strategy 7.1 Manage our bushland areas and reserves to enhance and protect conservation values and protect our native animals and plant species Strategy 7.4 Minimise waste to landfill and increase recycling

Our Neighbourhoods

Goal 5: Successful commercial, retail and residential hubs Strategy 5.3 Ensure a high standard of public infrastructure is maintained in and around our centres throughout the Town

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 58 COMMUNITY AND RESOURCES COMMITTEE MONDAY 15 APRIL 2019

Goal 6: Efficient transport networks Strategy 6.1 Coordinate our approach to transport planning, acknowledge transport pressures and respond to local needs and broader district and regional initiatives

Our Community

Goal 1: A sense of community, pride and belonging Strategy 1.2 Promote our strong community identity and focus our responses on the needs of local residents, businesses and ratepayers

Goal 3: An active, safe and inclusive community Strategy 3.4 Act to create and maintain safe, friendly and open environments that residents can access and enjoy

COMMUNITY ENGAGEMENT:

The City’s Rangers continue to respond to a wide range of matters as reported by local residents and businesses, and also take a proactive approach through community education and advice rather than simply proceeding with enforcement. The services provided play an important role in maintaining safe neighbourhoods throughout Cambridge.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Carr, seconded by Cr Bradley

That Council RECEIVES the report regarding the Town of Cambridge Ranger Services statistics and general information for the period 1 January - 31 March 2019.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 15 APRIL 2019 59

AUDIT COMMITTEE

17 APRIL 2019

ORDER OF BUSINESS

1. DECLARATION OF OPENING

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

3. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary meeting of the Audit Committee held on Thursday 7 March 2019 be confirmed.

4. DECLARATION OF MEMBERS' INTERESTS

5. REPORTS

AU19.5 Trust Fund Bond Refunds - Approval 1 AU19.6 Management of Portable and Attractive Items - Adoption of Management Practice 5 AU19.7 Three Year Internal Audit Plan 2019-2021 and Outstanding Audit Issues - Approval 8 AU19.8 Council Register of Delegations 12 AU19.9 Auditor General's Records Management in Local Government 15

6. CLOSURE

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 1

MINUTES OF THE MEETING OF THE AUDIT COMMITTEE OF THE TOWN OF CAMBRIDGE HELD AT THE ADMINISTRATION/CIVIC CENTRE, 1 BOLD PARK DRIVE, FLOREAT ON WEDNESDAY 17 APRIL 2019

1. DECLARATION OF OPENING

The Presiding Member, Mayor Keri Shannon, declared the meeting of the Audit Committee open at 5:03pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present: Time of Time of Entering Leaving Members:

Mayor Keri Shannon (Presiding Member) 5.03pm 5.32pm Cr Rod Bradley (Deputy Mayor) 5.06pm 5.32pm Cr Jo McAllister (Deputy) 5.03pm 5.32pm Cr Kate McKerracher 5.03pm 5.32pm Meg Anklesaria (Community Representative) 5.03pm 5.32pm James Cottrill (Community Representative) 5.03pm 5.32pm

Observers:

Nil

Officers:

John Giorgi, JP, Acting Chief Executive Officer 5.04pm 5.32pm Cam Robbins, Acting Director Corporate and Community Services 5.03pm 5.32pm Roy Ruitenga, Manager Finance 5.03pm 5.32pm Lee Gyomorei, Coordinator Governance and Office of the CEO 5.03pm 5.32pm

Also in attendance:

Cameron Palassis, Paxon Group 5.03pm 5.32pm

Media:

Nil

Public:

Nil

Adjournments: Nil

Time meeting closed: 5.32pm

APOLOGIES/LEAVE OF ABSENCE

Apology - Cr Jane Powell Apology - Cr James Nelson

The Chief Executive Officer entered the Council Chambers at 5.04pm.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 1 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

3. CONFIRMATION OF MINUTES

Moved by Cr McKerracher, seconded by Meg Anklesaria

That the Minutes of the Ordinary meeting of the Audit Committee held on 7 March 2019 be confirmed.

Motion put and CARRIED (4/1)

For: Mayor Shannon, Cr McKerracher, Meg Anklesaria, James Cottrill Against: Cr McAllister

4. DECLARATION OF MEMBERS' INTERESTS

Nil.

5. REPORTS

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 2 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

AU19.5 TRUST FUND BOND REFUNDS - APPROVAL

SUMMARY:

The Office of the Auditor General in their audit report issued (refer AU18.8, December 2018) for the 2017/2018 financial year advised that the Town incorrectly recognised interest earned on invested bond monies held in trust funds as income instead of refunding this to the entitled bond recipients. The Town has subsequently prepared a bond refund process to ensure interest earnings payable to each bond recipient is appropriately refunded.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council,  eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes and policies.

Review When the Council operates as a review authority on decisions made

by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects

a person’s right and interests. 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, applications 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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge Administration, 1 Bold Park, Floreat Report Date: 11 April 2019 Responsible Officer: Cam Robbins - Acting Director Corporate and Community Services Reporting Officer: Roy Ruitenga - Manager Finance Contributing Officer: Not Applicable Reporting Officer Interest: Not Applicable Attachment(s): Nil

BACKGROUND:

The Office of the Auditor General, in conducting the audit for the financial year ended 30 June 2018, reported as part of their audit findings that the Town had incorrectly recognised interest earned on invested trust funds as income instead of returning it to the entitled recipients on return of their bond money in accordance with the Local Government Act 1995, specifically section 6.9 (3) (a) as follows:

"Where money or other property is held in the trust fund, the local government is to — (a) in the case of money, pay it to the person entitled to it together with, if the money has been invested, any interest earned from that investment"

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 3 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

Since receiving the audit report at the December 2018 Audit Committee, the Town has proceeded with developing a process to ensure interest earning derived from bond monies held are appropriately remitted back to bond recipients. This has included engaging the services of an external consultant to develop a model to specifically calculate the correct amount of interest due to each recipient. The model and methodology applied to determine interest amounts payable were subsequently reviewed and signed off by the Town's internal auditor, Paxon Group.

DETAILS:

External consultants were engaged to develop a model to ensure the bond interest due to the various bond recipients over the past ten years was fairly and accurately calculated. Bond monies held by the Town over that period were invested for the majority of time in several ongoing term deposits with different financial institutions. Some term deposits of varying amounts were invested concurrently which added to the complexity of the interest calculation. In addition, a limited amount of bond funds were held in a cash bank account, earning lower interest rates, to ensure refunds of bond monies to recipients could be made within a reasonable time frame without having to resort to terminating a term deposit, which could be subject to penalties.

Therefore in developing the model to ensure correct amounts of interest are refunded to recipients, the following issues were taken into account:

1. The bonds taken by depositors being differing amounts; 2. Some bonds being held for longer periods of time than other bonds; 3. Some bonds having yet to be repaid; 4. Some bonds being held during periods where more interest was being earned in the market place than during other periods of investment; and 5. Several investments (term deposits) being active at the same time with each concurrent investment held generating interest at different rates and the amounts held in those investments also varying.

An algorithm was subsequently developed and used to determine the amount of interest earned by bond recipients taking into account the above variables. It was determined that two thousand seven hundred and sixty two (2,762) bond recipients or depositors were owed $367k as detailed in Table 1 below:

Table 1: Summary of Bond Interest Amounts

Payment Denomination Range Depositor Count % of Total Interest Due Between $0.05 and $0.10 8 0.00% $0.67 Between $0.10 and $0.20 12 0.00% $1.80 Between $0.20 and $0.50 34 0.00% $12.05 Between $0.50 and $1.00 44 0.01% $32.22 Between $1.00 and $2.00 53 0.02% $81.56 Between $2.00 and $5.00 234 0.22% $825.62 Between $5.00 and $10.00 277 0.55% $2,023.38 Between $10.00 and $20.00 356 1.38% $5,084.82 Between $20.00 and $50.00 494 4.36% $16,025.48 Between $50.00 and $100.00 410 8.21% $30,202.28 Over $100.00 840 85.24% $313,473.38 Total Due 2,762 $ 367,763.26

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 4 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

As detailed in the above Table, the amount of interest due to various bond recipients varies significantly with 840 bond recipients owed $100 or more (total of) $313,000 and 98 recipients owed $1.00 or less (total of $46.74). It is noted that the cost of refunding these small amounts will exceed the actual refunded amount.

Although there are a significant number of recipients owed nominal amounts, the legislation applicable to trust monies, as referred to previously in this report, does not provide scope for a refund threshold to be applied, with all monies legally required to be reimbursed to the bond recipient. The Town could seek legal advice in respect of this matter, however, such advice may prove to be more costly than the reimbursement process.

1. Bond Refund Process

Having calculated the amount of interest due to each bond recipient, the next steps in the process will be as follows:

The amount of interest to be refunded will be imported into the Town's bond deposit system and loaded against each bond recipient:-

1. A bond interest refund form will be prepared, containing the current details for each bond recipient as recorded in the Town's system including the bond recipients name, address and amount of interest earned and to be refunded in relation to each bond that was received and held by the Town for that bond recipient 2. The interest refund claim will be mailed out to each bond recipient including a replied paid envelope for ease of return; 3. Each bond recipient will be asked to sign the form verifying the details and confirming they wish to be refunded the interest as advised by the Town; and 4. Upon receiving the form, the refund will be processed through the Town's bond system with a cheque in the name of the bond recipient being generated and mailed out.

Note: that the Town's current bond system has been set up for cheque refunds only. Issuing cheques will ensure that only the bond recipient is legally able to process the refund. If an EFT system were to be used, an additional step would be required with the verification of the bank account name supplied with the bond recipient name to ensure only the legally entitled recipient is refunded.

2. Payments

It is expected that the bond interest refund claims will be mailed out by no later than May 2019, with refunds expected to commence being paid during May to June 2019, depending on how quickly signed refund claim forms are returned. For those recipients not replying to the initial claim letter, interest monies will be retained in the Town's trust bank account until further follow up action can be undertaken.

3. Future Bond Refunds

Since mid-January 2019, the Town has implemented a new system with all bond monies now deposited into a non interest bearing bank account, alleviating the requirement to refund interest in respect of bond monies received after that date. Furthermore, the Town in conjunction with the internal auditor is currently conducting a cost benefit analysis of the current bond system with a number of Councils have found the process cost prohibitive and having dispensed with the bond system.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 5 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

POLICY/STATUTORY IMPLICATIONS:

The Town will now be complying with Section 6.9 (3) of the Local Government Act 1995.

FINANCIAL IMPLICATIONS:

The Town will be potentially refunding $367k of interest earned in relation to bond monies held in trust as referred to in this report. These monies have been set aside in a holding account as at the end of the 2017/2018 year and therefore will not impact this year's financial operations, with the exception of any costs involved in the refund administration process.

STRATEGIC DIRECTION:

The recommendation detailed in this report in respect of refunding interest earned on bond monies held by the Town, embraces the following goals of the Town's Community Plan 2018-2028:-

Our Council

Goal 9: Transparent, accountable governance. Goal 11: An efficient local government.

COMMUNITY ENGAGEMENT:

This matter has been assessed under Policy 1.2.11 - Community Engagement, and does not require community consultation, as this matter is administrative in nature.

ADMINISTRATION RECOMMENDATION:

Moved by Cr McKerracher, seconded by Meg Anklesaria

That Council:

1. APPROVES the Trust Fund Bond Refund process, as detailed in this report;

2. NOTES that bond monies are no longer deposited in an interest bearing bank account; and

3. REQUESTS a further progress report on the review of the current bond system process be presented to the Audit Committee in June 2019.

AMENDMENT:

Following Cr McAllister's query in relation to the date contained in Part 3 of the Motion, the Mover, with the consent of the Seconder, agreed to amend the motion to read 'July 2019' and not 'June 2019' as shown.

Cr Bradley entered the Council Chambers at 5.06pm.

Debate ensued, with the Manager Finance taking on board Cr McAllister's suggestion that correspondence to bond recipients be sent by registered post.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 6 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

COMMITTEE RECOMMENDATION:

That Council:

1. APPROVES the Trust Fund Bond Refund process, as detailed in this report;

2. NOTES that bond monies are no longer deposited in an interest bearing bank account; and

3. REQUESTS a further progress report on the review of the current bond system process be presented to the Audit Committee in July 2019.

Motion, as AMENDED, put and CARRIED (6/0)

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 7 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

AU19.6 MANAGEMENT OF PORTABLE AND ATTRACTIVE ITEMS - ADOPTION OF MANAGEMENT PRACTICE

SUMMARY:

The Local Government (Financial Management) Regulations 1996 was amended on 26 June 2018 to incorporate a key change in the management of local government assets, specifically to exclude assets that have a fair value of under $5,000 at date of acquisition. This became effective as from 1 July 2018.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made

by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects

a person’s right and interests. 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, applications 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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge Administration, 1 Bold Park, Floreat Report Date: 10 April 2019 Responsible Officer: Cam Robbins - Acting Director Corporate and Community Services Reporting Officer: Roy Ruitenga - Manager Finance Contributing Officer: Not Applicable Reporting Officer Interest: Not Applicable Attachment(s): 1. Guide To Local Government Auditing Reforms - June 2018 Circular, Number 02-2018. 2. Management of Portable and Attractive Assets Document.

BACKGROUND:

In September 2017, the Department of Local Government, Sport and Cultural Industries provided advice regarding proposed changes to the conduct of local government audits and financial management. Following consultation with local government, proposed amendments to the Local Government (Financial Management) Regulations 1996 were revised and gazetted on Tuesday 26 June 2018 to include the following:

From 1 July 2018, an asset is to be excluded from the assets of a local government if the fair value of the asset as at the date of acquisition is under $5,000 as per the Local Government (Financial Management) Regulations 1996, regulation 17A (5) as follows:

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 8 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

"An asset is to be excluded from the assets of a local government if the fair value of the asset as at the date of acquisition by the local government is under $5,000".

The Chief Executive Officers must take all reasonable steps to prevent the theft or loss of non-consumable portable and attractive items valued under $5,000 as per the Local Government (Financial Management) Regulations 1996, regulation 17B as follows:

"CEO to take steps to protect excluded portable and attractive assets. A CEO must take all reasonable steps to prevent the theft or loss of — (a) a non-consumable asset that is susceptible to theft or loss due to its portable nature and attractiveness for personal use or resale; and (b) an asset referred to in regulation 17A(5)".

To comply with the regulation 17B, a management practice for management of portable and attractive items has been developed and is provided as Attachment 2.

DETAILS:

A Draft management practice has been developed to address the management of portable and attractive assets. The objective of the management practice is to provide guidelines for the capture of assets that are below the capitalisation threshold of $5,000 and are viewed as being susceptible to theft or loss due to their portable nature and attractiveness for personal use or resale.

To maintain a level of reasonableness it is proposed to set the minimum level for entering items of a portable and attractive nature at $300. This eliminates the requirement for recognising minor items of value such as toasters, kettles, calculators etc. Setting a minimum level also ensures that the register is manageable and administering it is not prohibitive.

Some of the types of portable and attractive items intended to be captured include, but are not limited to the following:

1. Mobile Phones; 2. Smart Devices such as tablets; 3. Televisions; 4. Laptops; 5. Portable projectors and screens, and; 6. Portable generators;

Each item will be given an asset number so it can be easily traced and located. This will be an asset numbering system unique to the portable and attractive items register making it easy to distinguish from the Town's asset register system.

In addition, the register will indicate the location of each item and will be distributed to the custodian or responsible officer at that location on an annual basis for review with any amendments given back to finance for update.

1. Stocktake

An asset stocktake is currently being conducted by the Town's Internal Auditor, of all furniture and equipment and plant and equipment asset items. During this process, those items deemed to be portable and attractive will be identified and placed on the register and deleted from the Town's main asset register. It is envisaged that the stocktake will be completed by the end of May 2019.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 9 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

2. Impact of De- recognition of Assets Below $5,000

In reviewing the Town's furniture and equipment register as at 30 June 2018, it is estimated that some seventeen hundred (1,700) assets with a purchase cost of below $5,000 will be deleted with an estimated written down value of $384,000. Similarly, with the plant and equipment register as at 30 June 2018, the estimated number of assets with a purchase cost of below $5,000 to be deleted is approximately two hundred and forty seven with a total written down value of $34,000. The total assets to be written off are approximately $418,000 or 0.1% of the Town's total property, plant, equipment and infrastructure net asset value of $360 million as at 30 June 2018.

POLICY/STATUTORY IMPLICATIONS:

Local Government Act 1995. Local Government (Financial Management) Regulations 1996 - Regulations 17A and 17B.

FINANCIAL IMPLICATIONS:

The financial implications relating to the omission of assets below the $5,000 capitalisation threshold have been referred to in this report.

STRATEGIC DIRECTION:

The recommendation detailed in this report in respect of managing the Town's assets, embraces the following goals of the Town's Community Plan 2018-2028:-

Our Council

Goal 9: Transparent, accountable governance. Goal 11: An efficient local government.

COMMUNITY ENGAGEMENT:

This matter has been assessed under Policy 1.2.11 - Community Engagement, and does not require community consultation, as this matter is administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr McAllister, seconded by Meg Anklesaria

That Council ADOPTS the Management Practice Document - Portable and Attractive Items, as shown in Attachment 2.

Motion put and CARRIED (6/0)

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 10 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

AU19.7 THREE YEAR INTERNAL AUDIT PLAN 2019-2021 AND OUTSTANDING AUDIT ISSUES - APPROVAL

SUMMARY: The Chief Executive Officer is required to undertake a review of audit systems and procedures no less than once in every three financial years. In order to satisfy this requirement, an internal audit process has been established based on a three year program to cover all the areas of the Town’s financial management systems and areas of potential risk.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made

by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects

a person’s right and interests. 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, applications 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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge Administration, 1 Bold Park, Floreat Report Date: 10 April 2019 Responsible Officer: John Giorgi, JP Acting Chief Executive Officer Reporting Officer: Roy Ruitenga - Manager Finance Contributing Officer: Not Applicable Reporting Officer Interest: Not Applicable Attachment(s): 1. Three Year Internal audit plan for 2019, 2020 and 2021 calendar years.

BACKGROUND:

"CEO to undertake a review of the appropriateness and effectiveness of the financial management systems and procedures from no less than once in every four financial years to no less than three financial years".

This combination with amendments to the provisions in the Audit Regulations related to reviewing auditing systems, will achieve greater consistency.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 11 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

Specifically, under the Local Government (Financial Management) Regulations 1996 Regulation 5 (2)(c) the Chief Executive Officer is to:-

"undertake reviews of the appropriateness and effectiveness of the financial management systems and procedures of the local government regularly (and not less than once in every 3 financial years) and report to the local government the results of those reviews."

In order to satisfy this requirement, an internal audit process has been established based on a three year program to cover all the areas of the Town’s financial management systems. The program has been structured to review different components of the system each year so that after the three year programme all systems have been reviewed.

DETAILS:

The Committee is requested to consider the appropriateness of the scope of the three year audit programme proposed, provided as Attachment 1, and whether it wishes to add or replace any other internal audit tasks.

For each operational area as listed in the audit plan, the audit will generally focus on the following:

• Reviewing authorisation levels/delegations to staff involved in the process; • The adequacy of segregation of duties of those staff involved in the process. • Compliance with Council and management policies and procedures; • Compliance with legislative requirements; • Reviewing workflows for completeness and efficiencies; and • Reviewing the efficiency/effectiveness of the forms used.

In addition to reviewing specific operational areas during the three year period, the internal auditor will continue with the cash verification audits and annual internal audits of the Wembley Golf Course operations and professional golf shop stocktakes, given that the golf course is a significant business operation.

Office of the Auditor General

In addition to the three year audit plan, the following audit issues raised by the Office of the Auditor General in their interim and final audit report for the 2017/2018 financial year are being addressed. The following table lists the outstanding audit findings with the expected date of completion:

Expected Date of Audit Finding Comme nts Responsible Officer Completion 1. Business Continuity Plans Yet to be resolved due to organisational review. Acting CEO December, 2019 In progress will be completed May/June. Portable and 2. Stocktake Attractive Item register being developed in conjunction with asset stocktake Manager Finance May 2019 3. IT Disaster Recovery Planning (a) I.T. Testing completed in August 2018 and another test A/D Corporate and and Testing will be undertaken in August 2019. Community Services August 2019 (b) Disaster Recovery Plan (DRP) is being reviewed due to organisational structure changes. December, 2019 4. Trust Funds 1.Bonds are no longer held in an Interest Bearing Account Manager Finance May 2019 2. Robust financial model completed and will be presented to Audit Committee on 17 April 19 for sign off. 3. Letters to all outstanding bond interest recipients following the 17 April 2019 Audit Committee meeting. In progress with depreciation being calculated for 5. Depreciation for infrastructure infrastructure projects as they are completed. Manager Finance December , 2019 6. Major Trading undertaking - Statement of Financial Position for both financial year ended Wembley Golf Course 30 June 2018 and 30 June 2019. GM WGC June 2019

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 12 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

The following audit findings raised during the 2017/2018 financial year audit as listed below have been addressed:

• Delegations; • Journals; • Wembley Golf Course policies and procedures; • Wembley Golf Course Reconciliations; • Payroll Reconciliation Untimely Updates of User Profile; • Outdated Active Directory; • Credit Card Processes; • Depreciation for Infrastructure; and • Monthly financial activity statement.

POLICY/STATUTORY IMPLICATIONS:

Pursuant to Regulation 5(2)(c) of the Local Government (Financial Management) Regulations 1996, “The Chief Executive Officer is to undertake a review of the appropriateness and effectiveness of the financial management systems and procedures of the local government regularly (and not less than once in every 3 financial years) and report to the Local Government the results of those reviews".

The internal audit program is being conducted in accordance with Regulation 5(2)(c) of the Local Government (Financial Management) Regulations 1996.

FINANCIAL IMPLICATIONS:

The 2018/2019 adopted budget has set aside a budget of $35,000 for the provision of internal audit services to the Town within the governance operational area.

It is noted that the Office of the Auditor General's audit fees for the 2019/2020 financial year is $52,000 (ex GST) and as advised by the Office of the Auditor General - Entrance Meeting on 9 April 2019 they are not required to break down these costs.

STRATEGIC DIRECTION:

The recommendation detailed in this report in respect of conducting internal audits of the Town's operational areas, embraces the following goals of the Town's Community Plan 2018-2028:-

Our Council

Goal 9: Transparent, accountable governance. Goal 11: A strong performing local government.

COMMUNITY ENGAGEMENT:

This matter has been assessed under Policy 1.2.11 - Community Engagement, and does not require community consultation, as this matter is administrative in nature.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 13 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr McKerracher, seconded by Cr Bradley

That Council:

1. APPROVES the three year internal audit plan, as prepared in conjunction with the Town's internal auditors “Paxon Group”; and

2. NOTES the outstanding Audit issues and time frames in which they are to be resolved.

Debate ensued, with the Acting Chief Executive Officer confirming that in accordance with the Auditor General's report on Record Keeping in Local Government, the Town will review its Record Keeping Plan by February 2020.

Motion put and CARRIED (6/0)

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 14 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

AU19.8 COUNCIL REGISTER OF DELEGATED AUTHORITY - UPDATE

SUMMARY:

The purpose of this report is to inform Council that the Register of Delegated Authority, including sub-delegations by the Acting Chief Executive Officer, was amended on 29 March 2019 to reflect the new employee titles/designations resulting from the new organisational structure.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council,

eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes and policies.

Review When the Council operates as a review authority on decisions made

by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects

a person’s right and interests. 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, applications 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. Information For the Council/Committee to note. 

Address/Property Location: Town of Cambridge Administration, 1 Bold Park, Floreat Report Date: 12 April 2019 Responsible Officer: John Giorgi, ,JP - Acting Chief Executive Officer Reporting Officer: Lee Gyomorei - Coordinator Governance and Office of the CEO Contributing Officer: Nil Reporting Officer Interest: Nil Attachment(s): 1. Register of Delegated Authority incorporating revised titles and designations as at 29 March 2019.

BACKGROUND:

On 7 March 2019, the Western Australian Auditor General's Report (the Report) was tabled in Parliament, and made available to the public. This is a statutory requirement under Section 24 of the Auditor General Act 2006. As previously reported to Council, a qualified audit opinion was issued for the following reasons:

1. The opinion of the Town was qualified "because in previous years the interest earned on invested trust funds was incorrectly recognised as income instead of being returned to the entitled recipients, as required by the LG Act (refer page 10); and

2. Information was provided in relation to "Delegations reporting of financial ratio, and reporting of a separate balance sheet for a trading undertaking" (refer Page 13).

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 15 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

DETAILS:

At its Special Meeting held on 12 February 2019, Council unanimously approved a new organisational structure, as recommended by the Price Consulting Group, and authorised the Acting Chief Executive Officer to implement the new structure and Change Management Plan.

The necessary consultation with employees was carried out, and on 29 March 2019, the new organisational structure was implemented and came into effect. Under the new structure, a number of employee titles/designations were changed. To ensure statutory compliance, the Council's Register of Delegated Authority was amended to ensure that sub-delegations by the Acting Chief Executive Officer reflected the Town's new organisational structure. As a result, a number of employees have been required to complete a Primary Return, as they now fall into the category of "designated employee" in accordance with Section 5.74 of the Local Government Act 1995.

It should be noted that whilst the employee tittles/designations have changed, in essence the positions remain effectively the same. New positions will be added as required.

As the Council's Register of Delegated Authority has been the subject of previous reports to Council, and findings by the Office of the Auditor General, it is considered appropriate to inform Council of the amendments made by the Acting Chief Executive Officer.

POLICY/STATUTORY IMPLICATIONS:

Local Government Act 1995 - Sections 5.44, 574, and 7.13(1)(i). Local Government (Audit) Regulations 1996 - Regulations 13, 14 and 15. There are no Policy implications relating to this report.

FINANCIAL IMPLICATIONS:

There are no financial implications relating to this report.

STRATEGIC DIRECTION:

The recommendation detailed in this report, embraces the following strategies of the Town's Community Plan 2018-2028:-

Our Council

Goal 9: Transparent, accountable governance.

Strategy 9.1 Implement initiatives that strengthen governance skills, transparency and knowledge.

COMMUNITY ENGAGEMENT:

This matter has been assessed under Policy 1.2.11 - Community Engagement, and does not require community consultation, as this matter is administrative in nature.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 16 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by James Cottrill, seconded by Cr Bradley

That Council NOTES that the Council's Register of Delegated Authority, including sub-delegations by the Acting Chief Executive Officer, was amended on 29 March 2019 to reflect the new employee titles/designations resulting from implementation of the new organisational structure.

Motion put and CARRIED (6/0)

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 17 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

AU 19.9 OFFICE OF THE AUDITOR GENERAL'S REPORT - RECORDS MANAGEMENT IN LOCAL GOVERNMENT

SUMMARY: The Office of the Auditor General (OAG) has prepared a Report, dated 17 April 2019, which details the findings of an audit undertaken of 137 local governments and 9 regional councils in relation to records management.

Four (4) local governments were selected for review, and findings are detailed in the attached report.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its

Review When the Council operates as a review authority on decisions made

by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects

a person’s right and interests. 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, applications 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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge Administration, 1 Bold Park, Floreat Report Date: 10 April 2019 Responsible Officer: John Giorgi, JP - Acting Chief Executive Officer Reporting Officer: Lee Gyomorei - Coordinator Governance and Office of the CEO Contributing Officer: Not Applicable Reporting Officer Interest: Not Applicable Attachment(s): 1. Office of the Auditor General's Report - Records Management in Local Government, dated 17 April 2019.

BACKGROUND:

The OAG has prepared a Report, dated 17 April 2019, detailing findings of an audit of 137 local governments and 9 regional councils in relation to records management.

Four (4) local governments were selected, ie City of Canning, Town of Mosman Park, Shire of Toodyay, and the East Metropolitan Regional Council.

The State Records Act 2000 sets the framework for records management for state and local government agencies. The Local Government Act 1995, at Section 5.41(h), prescribes the Chief Executive Officer's functions are to "ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law".

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 18 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

As the OAG Report has only recently been provided to local governments, the recommendations are have yet to be examined in relation to the Town. This will occur as part of the ongoing governance review and improvements for the Town of Cambridge.

DETAILS:

The Audit Focus and Scope, Recommendations and Findings of the Report are detailed as follows:

Audit Focus and Scope

The audit objective was to determine if Western Australian local government entities effectively manage their records to promote accountable and transparent decision making.

The specific lines of inquiry were:

• Do local government entities have approved and current recordkeeping plans, and supporting policies and procedures? • Are key business activities and decision making records managed in line with record keeping plans? • Do recordkeeping systems appropriately secure physical and electronic records against inappropriate access, alteration or destruction?

A total of 146 local government entities were checked to see if recordkeeping plans were in place as required, with the following four (4) reviewed in detail:

• City of Canning • Town of Mosman Park • Shire of Toodyay • East Metropolitan Regional Council

Recommendations

The Report recommends that all local government entities, including those not sampled, should review their recordkeeping policies and procedures, and ensure they adequately support their recordkeeping plan, whilst implementing the following:

• Regular and thorough records training. • Regular review of staff recordkeeping practices. • Timely disposal of records. • Adequate protection over digital records.

In accordance with Section 7.12A of the Local Government Act 1995, all sampled local governments are required to prepare an action plan addressing significant matters relevant to their entity for submission to the Minister for Local Government within 3 months of the Report being tabled in Parliament, and for publication on the entity's website. The action plan for every local government entity sampled is required to address each of the above points.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 19 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

Findings

The Report details the following findings:

• Recordkeeping plans are approved, but lack supporting policies and procedures. • Recordkeeping plans are current and approved. • Recordkeeping plans are not supported by adequate policies and procedures. • Implementation of recordkeeping plans is poor. • More regular and thorough records training is needed. • Local government entities do limited monitoring of staff records management practices. • Records are often held too long. • Important records are not properly managed. • Some records were missing or difficult to find. • Records were often stored outside records management systems. • Protection of records is mixed. • Physical records were generally well managed. • Digital records recovery could be better.

Further information on each of the above findings can be found detailed in the Report.

POLICY/STATUTORY IMPLICATIONS:

• Local Government Act 1995 • State Records Act 2000 • Recordkeeping Plan (Reference RKP2018017 - Accepted by State Records Office on 10 August 2018) • Recordkeeping Policy.

FINANCIAL IMPLICATIONS:

Nil.

STRATEGIC DIRECTION:

The recommendation detailed in this report in respect of conducting internal audits of the Town's operational areas, embraces the following goals of the Town's Community Plan 2018-2028:-

Our Council

Goal 9: Transparent, accountable governance. Goal 11: A strong performing local government.

COMMUNITY ENGAGEMENT:

This matter has been assessed under Policy 1.2.11 - Community Engagement, and does not require community consultation, as this matter is administrative in nature.

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 20 AUDIT COMMITTEE WEDNESDAY 17 APRIL 2019

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Meg Anklesaria, seconded by Cr McKerracher

That Council:

1. RECEIVES the Office of the Auditor General's Report "Records Management in Local Government", dated 17 April 2019; and

2. NOTES that the Town's Administration will conduct a review of its Records Management Plan in 2019-2020, and will provide a further report to the Audit Committee by no later than 31 December 2019.

Motion put and CARRIED (6/0)

AGENDA - AUDIT COMMITTEE - 17 APRIL 2019 21 COUNCIL TUESDAY 30 APRIL 2019

10. COUNCIL REPORTS

10.1 FLOREAT BEACH KIOSK AND ASSOCIATED PUBLIC AMENITIES CONCEPT DESIGN- STAGED APPROACH

ADMINISTRATION RECOMMENDATION:

That Council:-

1. APPROVES in principle of a Staged Program for the refurbishment of the Floreat Beach Kiosk and adjoining Public amenities, as detailed in this report;

2. APPROVES the establishment of a Floreat Kiosk Working Group that will assist in the delivery of the project;

3. ADOPTS the Floreat Kiosk Working Group Terms of Reference, as detailed in this report and appoints the following to the Working Group:

1. Mayor Shannon (Chair) 2. Cr………………………. 3. Cr………………………. 4. Cr……………………… 5. Cr……………………….;

(membership is not limited)

4. AUTHORISES the Acting Chief Executive Officer to:

4.1 prepare a Staged Program Schedule of Works for the Floreat Kiosk refurbishment works; 4.2 advertise a Request for Tender for necessary trades and/or consultants; 4.3 appoint project trades or consultant(s); and 4.4 proceeds with the detailed design and documentation, including associated infrastructure; 4.5 in accordance with Section 3.58 (2) (b) of the Local Government Act 1995 advertise a Request for Tender for the leasing of the Floreat Kiosk for a period of 10 years plus a further 2 x 5 year options ; 4.6 approve of a tender up to a value of $250,000 (in liaison with the Mayor); 4.7 proceed in preparing a Development Application and submission to the Western Australian Planning Commission; and

5. REQUESTS the Acting Chief Executive Officer to submit a further report for the Council’s consideration by no later than June 2019:

5.1 detailing a project capital construction estimate (if required) to be listed for consideration in the 2019/2020 Draft Budget; 5.2 detailing a Project Implementation Indicative Timeline; and

6. REQUESTS the Acting Chief Executive Officer to submit a further report for Council's consideration in August/September 2019 on the outcome of the Request for Tender for the leasing of the Floreat Kiosk

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 1 COUNCIL TUESDAY 30 APRIL 2019

SUMMARY:

The Town's appointed architect (Lantern Architecture) has previously prepared three concept design options for the redevelopment of Floreat Kiosk and associated public amenities.

Following several Elected Member forums that has entailed several presentations by the Architect, a consensus of agreement could not be attained on the design concept options. Consequently, it is suggested an alternative approach to upgrading several components associated with the Floreat Kiosk and Public Amenities and seek Council approval in proceeding with these works.

The Town proposes to undertake the refurbishment of the Floreat Kiosk and Public Amenities in the following two stages:-

Stage 1 - Upgrade Several Components of the Kiosk during July - September 2019. - Refurbish Public Amenities and Change rooms during July - September 2019 Stage 2 - Construct New External Storage during Mid 2020

AUTHORITY / DISCRETION

Address/Property Location: Floreat Beach Kiosk Challenger Parade City Beach Report Date: 26 April 2019 File Reference: N/A Responsible Director: Michael Hayward, Director Infrastructure and Works - Refurbishment Cam Robbins, A/Director Corporate and Community Services - Lease Reporting Officer: Peter Maloney, Manager Asset Management. Contributing Officer: Paul O’ Keefe Coordinator Property and Purchasing Reporting Officer Interest: Nil Attachments: TBA

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 2 COUNCIL TUESDAY 30 APRIL 2019

BACKGROUND:

At its meeting held on 25 July 2017, Council considered a report (CR17.114) regarding the future development of Floreat Beach Kiosk and Public Amenities and resolved that:

"(i) tenders be called for design works for the Floreat Beach Kiosk and Public Amenities with the scope of works to include development of a new concept plan Option 2, enclosing part of the existing al fresco deck; (ii) existing Option 1 and the new Option 2 concepts for the kiosk be presented to Council and a preferred option be then determined; (iii) further over holding periods of at least twelve months be provided to the existing tenant of the Floreat Kiosk to allow for the design and construction period; subject to a suitable rent review."

In accordance with the terms of the lease, the minimum rent for the Floreat Beach Kiosk was due for review on 1 August 2017. As the lease was extended under clause 2.3 - Overholding, the Town may still review the rent under the terms of the current lease. Furthermore, clause 3.14 of the lease states that the rent will increase by 3% every 18 month rent review date.

Accordingly, the rent was increased by 3% in August 2017 and then increased by a further 3% in February 2019.

Following its meeting on 22 May 2018, CR18.77 refers, items (i) and (iii) were addressed and Council decided as follows:

"(i) Concept option 2 be considered at an Elected Member Forum;

(ii) design for the refurbishment of the public amenities be continued;

(iii) a specification for tender of a lease for the cafe be prepared and endorsed by Council; and

(iv) a Development Application be prepared and submitted to the WAPC for the project."

Two Elected Member forums were subsequently held to discuss the Project Design Concept Options, specifically:

• 12 June 2018 • 9 October 2018

Consequently, following the feedback given and direction at the Elected Members forum on the 9 October 2018, Concept Option 3.1 was compiled.

Subsequently, the concept plans were presented by the Architect to the Town's Design Review Panel on 7 November 2018 for their consideration and comments. Constructive discussions were held between the panel members and the Architect.

In summary, the general feedback provided by the panel members is summarised below:

• Roof Extension is considered too low in height. • Concerns with the metal roof construction and felt it should be more of a composite durable structure. • The use of high quality materials is essential, particularly with respect to long term maintenance of the building in its coastal environment. • The design should be in keeping to the original Architect (Tony Brand) design.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 3 COUNCIL TUESDAY 30 APRIL 2019

• Seek the advice and feedback of the Architect and Engineer of the original building. • Consider a more ‘stripped back’ concept that is more in keeping with the original built form and design principles. • The proposed Kitchen Store is too square and should be rounded like a Pod

As a result of several Council forums and several presentations by the Architect, a consensus of agreement could not be attained on the design concept options presented.

Consequently, an alternative approach to upgrading several components associated with the Floreat Kiosk and Public Amenities is proposed and is outlined in the Details section of this report.

DETAILS:

The Town proposes to undertake the refurbishment of the Floreat Kiosk and Public Amenities in two stages:-

Stage 1 - Upgrade Several Components of the Kiosk (electrical supply, replace timber decking, replace glazing on western façade, replace cantilever doors, concrete repairs) and Refurbish Public Amenities and Change rooms during July - September 2019

Stage 2 - Construct New External Storage during Mid 2020

Stage 1 - Upgrade Several Components of the Kiosk during July - September 2019.

As the 2019 winter months approach, it is considered the "Low Season" with few patrons visiting the Kiosk and the opportunist time to complete several components of work with minimum disruption to the operation of the Café/Kiosk.

It should be noted that Floreat Kiosk is a Management Category Number 2 on the 2018 Town of Cambridge Inventory of Heritage Places with any alterations or extensions undertaken should reinforce the significance of place (refer page 97).

These proposed parcels of work are:

Fig 1: Proposed Components of Work to be undertaken

Description Photo 1. Upgrade the incoming electrical power supply to the Kitchen & Install new electrical distribution Board.(As the existing power supply keeps tripping as it reaches maximum capacity)

2. Replace the timber decking on both the North & Western façade, as it's in poor condition.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 4 COUNCIL TUESDAY 30 APRIL 2019

3. Replace glazed screening on Western Façade, as it's in poor condition.

4. Replace the cantilever doors as they are poor in condition and require replacing. (Please note new doors may be on extended delivery due to fabrication of doors being a bespoke item)

5. Provide a temporary external container and relocate the food storage from existing store to the temporary container. This separates the food storage from the grease arrestor, making this area compliant. (It is proposed to install a new storage facility in Stage 3).

6. Undertake several minor concrete repairs to the Kiosk soffit repaint Kiosk throughout.

It is anticipated that these works can be undertaken from July to September 2019. The works will be undertaken in liaison with the current Kiosk Operator.

It is proposed that the public toilets/change room amenities refurbishment is undertaken as a separate project as approved in the 2018/2019 budget.

The budget allocation for these works is $294,000 (Excluding GST).

The work can be undertaken as part of a RFT process.

The proposed scope of work is:

• Replace ceramic wall tiles in bathroom and shower areas. • Install new toilet cubicles. • Replace WC's, wash hand basins etc. • Install new hot water (Optional as currently there is no hot water facility) • Install new hand dryer • Replace existing lighting • Install new electrical distribution board. • Upgrade the amenities to comply with design for disability access: • Paint and decorate the facility

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 5 COUNCIL TUESDAY 30 APRIL 2019

The existing floor tiles will be retained.

At this stage, costs have not been obtained for the above phased work. However, due to the proposed revised scope of work being reduced, it is expected that these facilities will be upgraded well within the existing budget.

Stage 2 - Construct New External Storage

Due to non-compliance issues with the grease arrestor in the external storage area, it is recommended the existing external storage building be demolished and a new storage facility be constructed which:

1. Provides a separate compartment area for the grease arrestor and domestic hot water heater away from the food storage; 2. Provides sufficient room to accommodate food storage and several cool rooms; 3. Modifies to the existing bin store so that there is easy access to the waste bins and cardboard crusher equipment; and 4. Modifies to the hydraulic and electrical services within the new storage area. Install a new electrical distribution board.

The proposed new store will be a concrete construction and will match the existing built form of the adjacent kiosk.

It is proposed to engage a consultant to undertake the design also provide a pre-tender cost estimate.

Upon completion of the design, the proposal will then be submitted to Council for their approval, with a view to undertaking the works in mid-2020.

The Town will be required to submit an application to the WAPC for approval of the proposed new external storage construction.

Tenant Lease

The original lease of the Floreat Café/Kiosk was with Romanza Holdings Pty Ltd for 10 years with a further 5 years (Town's option) from 1 February 2000. Romanza Holdings Pty Ltd then transferred the lease to Albarossa Pty Ltd on 31 July 2008.

The current lessee, Albarossa Pty Ltd, (following a 6 month lease extension dated 8 February 2016) has been on a lease overholding since 31 July 2016 with Council in July 2017 (CR17.114 refers) approving a further holding period of at least twelve months . The minimum rent paid as at 1 March 2019 was approximately *** per annum which has increased by 3% every eighteen months in accordance with Clause 3.14 of their lease.

It is suggested that a new long -term lease be examined and finalised prior to any construction works being undertaken at the Floreat Kiosk. This approach was similar for the commercial developments at City Beach which allowed a firm Business Case based on lease revenue/turnover and capital costs prior to any significant capital investment by the Town.

It is proposed that the Town seek public tenders for a new lease of the Floreat Café/Kiosk in accordance with s3.58 (2) (b) of the Local Government Act 1995 for a term of 10 years plus a further 2 x 5 year options (the Town's).

The RFT documentation may entail a contribution from the proposed Lessee for capital works and internal fit-outs.

* Information Commercial in Confidence

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 6 COUNCIL TUESDAY 30 APRIL 2019

Furthermore, it is recommended that the Town commence the necessary works to submit an application to the WAPC for approval of the proposed new construction of the external storage facility as a precursor to any construction approvals.

Project Working Group:

It is proposed that a Floreat Kiosk Working Group be established with the following Terms of Reference:

FLOREAT KIOSK WORKING GROUP:

Terms of Reference

1. Title:

The name of the Steering Committee shall be the 'Floreat Kiosk Working Group' (the Working Group’).

2. Purpose:

(a) The Purpose of the Steering Committee is to oversee the delivery of the Floreat Kiosk Refurbishment. (b) On completion of the Floreat Kiosk Refurbishment Project, the Working Group will cease to exist.

3. Relevant/Guiding Legislation:

All relevant Federal and State Legislation, Town of Cambridge Local Laws and Policies, which are applicable to the role and/or functions of the Steering Committee.

4. Membership:

4.1 The Steering Committee will comprise of 10 voting members, the appointments made by the Council. 4.2 Vacant Elected Member positions will be filled by Council Resolution. 4.3 The Chief Executive Officer, A/Director Corporate and Community Services and Director Infrastructure and Works will attend Steering Committee Meetings as non-voting Members - (non-voting). 4.4 Other Town Officers nominated by the Chief Executive Officer may also attend the meetings, as required from time to time.

5. Meetings:

5.1 A quorum of Members must be present before a meeting can proceed, i.e. at least half of the total number of voting Members, i.e. five (5). 5.2 Members will elect a Deputy Presiding Member from amongst the Members. 5.3 Appointment of the Members will be for a period of up to two (2) years and will coincide with Local Government Ordinary Elections. 5.4 On behalf of the Steering Committee, the Presiding Member may invite internal or external persons to attend any part, or all of, a meeting to provide advice and assistance as required. Such attendees will not have voting rights. 5.5 Recommendations from the Steering Committee will be adopted by simple majority and be reported to the Community and Resources Committee. In the case of a tied vote, the decision will be determined on the casting vote of the Presiding Member.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 7 COUNCIL TUESDAY 30 APRIL 2019

5.6 In addition to the relevant provisions of the Local Government Act 1995, Steering Committee Members will cease to be a Member, if they:

- Resign from the Steering Committee. - Fail to attend 3 consecutive meetings without submitting an apology. - Resign from Elected Office or employment with the Town of Cambridge. - Breach confidentiality, or the Code of Conduct.

5.7 Meetings shall be held monthly, or as required, at the discretion of the Presiding Member.

6. Role of Presiding Member:

The Presiding Member will:

6.1 Schedule meetings and provide notification to all Steering Committee Members. 6.2 Liaise with the Town of Cambridge's Administrative representatives. 6.3 Chair and guide meetings according to the agenda and time available.

7. Administrative Support:

The A/CEO and/or his/her nominee will provide administrative support and advice to the Steering Committee as follows:

7.1 Issue meeting notices. 7.2 Prepare agendas, including all necessary documentation required for discussion or comment. 7.3 Distribute agendas not less than 72 hours prior to the meeting. 7.4 Prepare and distribute Minutes within 10 working days of the meeting.

8. Delegation:

The Working Group is an advisory group only. In accordance with the status of similar groups, the Working Group does not have delegated decision making powers, and will report its recommendations through the Community and Resources Committee for ultimate consideration by the Council.

9. Review of Terms of Reference:

The Terms of Reference shall be reviewed annually by Council from the date of approval, and for the duration of the Steering Committee's tenure.

10. General:

10.1 Neither the Working Group nor its individual Members will direct Town of Cambridge Staff, nor incur or approve any expenditure. Staff participating in working Group meetings may however take general instruction, provide administrative support to, and information for, the Working Group, provided the requests do not impact on Council resources or inhibit or prevent Staff from performing their regular duties.

Any tasks requiring a major commitment from Staff must be approved by the Chief Executive Officer or Council.

10.2 The Chief Executive Officer shall determine the appropriate level of Staff involvement in the Working Group’s work.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 8 COUNCIL TUESDAY 30 APRIL 2019

10 3. Project Responsibility:

This project will be jointly overseen by the Town’s Directors, as follows:

The Town’s Director Infrastructure and Works will be responsible for the project construction, and approvals.

The Town’s Acting Director Corporate and Community services will be responsible for the leases, RFT and associated property aspects.

POLICY/STATUTORY IMPLICATIONS:

The requirements of Section 3.58 of the Local Government Act 1995 regarding the disposal of land by way of a lease and the Planning and Development Act 2005 in regards to the Metropolitan Region Scheme and Section 136 - leases.

The Floreat Kiosk is a Category 2 on the Town's 2018 Local Government Inventory of Heritage Places.

Planning

The café and public amenities are located within Lot 6000 of Plan 74241 and includes most of the Town's beachfront. It is Freehold land zoned MRS Parks and Recreation. Accordingly, the Town will be required to seek planning approval for the project from the WAPC.

FINANCIAL IMPLICATIONS:

There is a total of $1.45m allocated in the 2018/2019 Budget in relation to the Café/kiosk and toilets/change rooms facilities at Floreat Beach, specifically:

Account Description Budget C4596-2600-3450 Floreat Café Refurbishment $936,000 C2409-2600-3450 Floreat Beach Toilets/Change Rooms - Refurbishment $294,000

C3596-2600-3450 Floreat Beach Kiosk - Detail Design & Leasing & $221,000 planning Approvals.

Total (Excl. GST) $1,451,000

STRATEGIC DIRECTION:

Progression of the amenities at the Floreat Beach supports the following Goals and Strategies of the Town's Strategic Community Plan 2018-2028:-

Our Community Life Goal 5: Successful commercial, retail and social hubs; Strategy 5.1 Ensure future planning recognises the emerging diverse role, mixed use potential and opportunities of our centres, and integrates change and growth with surrounding local areas

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 9 COUNCIL TUESDAY 30 APRIL 2019

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. In accordance with the assessment criteria it was determined that community engagement is not required.

However, specific consultation will be undertaken with the current Floreat Kiosk tenant and the Floreat Surf Lifesaving Club.

Further consultation will be undertaken as the project moves forward including statutory requirements associated with lease and planning provisions .

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 10 COUNCIL TUESDAY 30 APRIL 2019

10.2 MONTHLY FINANCIAL STATEMENTS, REVIEW AND VARIANCES - MARCH 2019

ADMINISTRATION RECOMMENDATION:

That Council:

1. RECEIVES the report on the Financial Statements for period ended 31 March 2019;

2. ADOPTS by an ABSOLUTE MAJORITY the change in purpose of the Area Improvement Reserve as follows:

"To provide funds for the acquisition and development of assets, excluding recreational facilities, or the provision of services that are in the view of the Town beneficial and to provide improvements to areas within the district of the Town. To provide funds to finance deferred underground power payment options as per the approved Underground Power Instalment Options adopted."

3. ADOPTS the following underground power budget amendments

Budget Item Original Revised Change Budget Budget Increase (Decrease) $ $ $

Transfer to Area Improvement Reserve 21,540,000 0 (21,540,000) Transfer from Accumulated Surplus 21,540,000 0 (21,540,000 Transfer from Area Improvement Reserve 26,424,000 14,084,000 (12,340,000) Transfer to Accumulated Surplus 26,424,000 14,084,000 (12,340,000)

SUMMARY:

The March 2019 financial statements have been completed. Comments have been provided on the financial position compared to budget including any permanent and timing variances that have occurred during the period and their impact on financial results with respect up to 31 March 2019.

AUTHORITY / DISCRETION

Advocacy When the Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. Executive The substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. Legislative Includes adopting local laws, town planning schemes & policies. Review When the Council operates as a review authority on decisions made by Officers for appeal purposes. Quasi-Judicial When the Council determines an application/matter that directly affects a person’s right and interests. 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, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.  Information For the Council/Committee to note.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 11 COUNCIL TUESDAY 30 APRIL 2019

Address/Property Location: N/A Report Date: 23 April 2019 Responsible Executive/Director: Cam Robbins, Acting Director Corporate and Community Services Responsible Manager: Roy Ruitenga, Manager Finance Reporting Officer: N/A Reporting Officer Interest Nil File Reference: N/A Attachments: Financial Statements March 2019

DETAILS:

Charts of key financial indicators are provided below comparing year to date actual figures against the year to date budget.

Operations Capital Expenditure $90,000 $20,000 $80,000 $18,000 $16,000 $70,000 $14,000 $60,000 $12,000 $50,000 $10,000 $40,000 $'000 $8,000 $'000 $6,000 $30,000 $4,000 $20,000 $2,000 $0 $10,000 Capital Expenditure $0 Amended Amended Budget $17,450 YTD Budget YTD Actual Budget YTD Budget $10,856 Revenue $82,985 $75,631 $74,465 YTD Actual $5,750 Expenditure $79,770 $59,888 $57,299 Operating Profit/(Loss) $3,215 $15,743 $17,166

Reserves & ELA Transfers Net Current Assets ($'000) Current $4,000 Liabilities - $2,000 $9,038 $0 -$2,000

$'000 -$4,000 -$6,000 -$8,000 -$10,000 Amended YTD YTD Budget Budget Actual Transfers to/(from) $3,990 -$9,771 -$7,161 Current Assets Reserves $67,704 Transfers to/(from) -$7,194 -$5,658 -$4,789 Endowment Lands

Investments ($'000) Endowment Trust, $104 Lands, $3,034

General Funds $21,794 Reserves, $22,563

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 12 COUNCIL TUESDAY 30 APRIL 2019

The following comments are provided and should be read in conjunction with the Statement of Financial Activity for March 2019 (Rate Setting Statement) in Attachment 1.

1. Operating Revenue

Operating revenue year to date is $74.5 million compared to YTD budget of $75.6 million, giving an unfavourable variance of $1.1 million. Significant variances are as follows: a. Fees and Charges

Actual fees and charges for March 2019 YTD is $14.7 million compared to YTD budget of $15.4 million, giving an unfavourable variance of $747k or 4.8%. Fees and charges are currently below budget across a number of operational areas including the Bold Park Aquatic Centre, Wembley Golf Course, and parking control, some of which are attributed to timing/seasonal fluctuations. b. Service Charges

Underground Power service charges have an unfavourable variance of $536k or 2.5% with a number of adjustments and amendments made since charges were raised. c. Rates Revenue

Rates revenue currently $25.4 million compared to YTD budget of $25.5 million, giving an unfavourable variance of $130k or 0.5% with interim rates raised to date less than anticipated. d. Interest Earnings

Interest earnings currently $2.1 million compared to YTD budget of $1.9 million, giving a favourable variance of $176k predominantly due to interest earnings from reserves, with more funds available for investment as a result of a revised underground power project payment schedule.

2. Operating Expenses

Operating expenses year to date is $57.3 million compared to budget of $59.9 million, giving a favourable variance of $2.6 million or 4.3%. Significant variances are as follows: a. Materials and Contracts

Actual expenditure for March YTD is $31.9 million against YTD budget of $33.7 million, giving a favourable variance of $1.7 million or 5.1%.

The following timing variances:

• Planning Strategic Projects $101k under YTD budget; • Leederville Hub Planning $250k under YTD budget, the project has been deferred by Council in December 2018; DV18.198 refers. • Waste disposal $175k under YTD budget; • Roads infrastructure maintenance, non-capital works and programs $203k under YTD budget; • Road reserve maintenance and non-capital works $178k under YTD budget; • Underground power projects expenditure $361k under YTD budget; • Club Leased Premises building maintenance and Non-capital works $111k under YTD budget; • Wembley Golf Course non-capital works $92k under YTD budget and; • Information Technology $103k under YTD budget.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 13 COUNCIL TUESDAY 30 APRIL 2019 b. Employee Costs

Actual expenditure for March 2019 YTD is $14.2 million against YTD budget of $14.8 million, giving a favourable variance of $592k, or 4.0%. This is a mixture of both favourable and unfavourable variations across a number of operational areas. The favourable variance is expected to be reduced as an increase in salaries and wages in accordance with the Town's Collective Agreement was approved by the Fair Works Commission on 2 April 2019. c. Utilities

Actual expenditure for March 2019 YTD is $1.5 million against YTD budget of $1.6million, giving a favourable variance of $120k or 7.2%. The favourable variance is due to a combination of energy efficiencies and a decrease in contestable tariff rates as a result of the tender exercise, a variance expected to remain for the year.

3. Net Operating Result

The net operating surplus from operations is $14.6 million compared to YTD budget of $13.1 million, giving a favourable variance of $1.5 million.

Net Operating Result 40 36 32 28 24 20 Budget 16 Actual 12 8 4 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

4. Capital Works Programs

The total amount of funds spent on the Town’s capital works program for the period ended 31 March 2019 is $5.8 million against budget of $10.9 million, giving a favourable variance of $5.1 million.

A brief overview of the capital works programs at year end shows the following timing variances:

• Buildings - $1.4 million spent against year to date budget of $2.1 million, the variance represents a number of capital works being identified as carry forward; • Furniture and Equipment -$401k spent against year to date budget of $1.2 million; • Plant and Equipment - $613k spent against year to date budget of $632k; • Parks and Reserves - $710k spent against year to date budget of $1.2 million; • Roads and Lanes - $2 million spent against year to date budget of $4.2 million; • Drainage - $164k spent against year to date budget of $397k.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 14 COUNCIL TUESDAY 30 APRIL 2019

5. Cash Surplus (Closing Funds)

The cash surplus as at 31 March 2019 is $10.9 million which is above the year to date budget of $7.5 million, giving a favourable variance of $3.4 million or 45.4%. The surplus is predominantly due to the under expenditure with respect to capital works with a number of carried forward capital projects having been identified for the 2019/2020 financial year.

This surplus will decline as the year progresses with day to day operational expenditure and the completion of budgeted capital works.

Cash Surplus ($ millions) 28 26 24 22 20 18 16 14 Budget 12 Actual 10 8 6 4 2 0 July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

6. Material Variances

Permanent variances above $30k and timing variances above $100k for specific line items are normally reported upon. As at 31 March 2019, the following material permanent variances exist:

• Leederville Planning Hub program is currently $250k under YTD budget, the project has been deferred by Council in December 2018.

AREA IMPROVEMENT RESERVE - CHANGE IN PURPOSE

Area Improvement Reserve Change in Purpose

A proposed change in purpose of the Area Improvement Reserve was advertised in the West Australian as per Section 6.11 (1) of the Local Government Act 1995 with the one month period for receiving comments in respect of the change having closed on 8 April 2019. The purpose of the reserve was changed to enable the reserve to fund the lag in cash inflows arising from those property owners opting for the various instalment options on offer. The purpose of the reserves was changed as follows:

No comments were received and therefore this change in reserve purpose will now be presented to Council for adoption.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 15 COUNCIL TUESDAY 30 APRIL 2019

BUDGET REALLOCATIONS AND AMENDMENTS

Underground Power Project - Proposed Budget Amendments

At the time of adopting the 2018/2019 budget it was difficult to ascertain the inflows of funds from service charges and the drawdown on reserve funds required, given the many instalment options available to property owners. Given that the first due date for payment was February 2019, the Town has now been able to forecast with some greater degree of certainty the inflows expected this financial year given that statistics are now available to indicate how many property owners paid in full and the number choosing an instalment programme. It is forecast that of the $21.54 million raised, and taking into account various adjustments and amendments made, that approximately $8 million will be outstanding at year end. However it should be pointed out that there are still a number of seniors and pensioners who have not paid and are not required to do so until 30 June 2019.

The following budget amendments are proposed:

Budget Item Original Revised Change Budget Budget Increase (Decrease) $ $ $

POLICY/STATUTORY IMPLICATIONS:

The Local Government Act 1995, Section 6.4 requires the preparation of financial reports. The Local Government (Financial Management) Regulations 1996, in particular Regulation 34, expands on this requirement to include a monthly financial report to be prepared identifying significant variations between actual and budget. This report complies with this requirement.

FINANCIAL IMPLICATIONS:

The variations in expenditure and revenue line items, compared to budget, may have an impact on Council funds.

STRATEGIC DIRECTION:

The management of budgeted funds is consistent with the Town's Strategic Community Plan 2018-2028:

Goal 9: Transparent, accountable governance

Goal 11: A strong performing local government

COMMUNITY ENGAGEMENT:

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 16 COUNCIL TUESDAY 30 APRIL 2019

11. URGENT BUSINESS

12. MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

12.1 ENGAGEMENT OF MILLS OAKLEY - CEO EMPLOYMENT CONTRACT

Submission by Mayor Shannon

That Council a AUTHORISES:

1. The engagement of Mr Daniel White of Mills Oakley to prepare the employment contract for the CEO;and

2. The payment of the associated legal expenditure to a maximum of $2000.

BACKGROUND PROVIDED BY MAYOR SHANNON

The CEO Recruitment Committee suggested that the template contract already prepared by Mills Oakley for the Town be amended to allow for its use as part of the CEO recruitment process.

ADMINISTRATION COMMENT:

Clause 3.13(2)(c) of the Standing Orders provides that the Chief Executive Officer shall, not less than 24 hours prior to the meeting, send to each Member a report providing relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law, or for more complex issues, recommending that the matter be deferred to a later meeting to enable a report to be prepared.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 17 COUNCIL TUESDAY 30 APRIL 2019

12.2 SPEED LIMIT TRIAL IN WEMBLEY ACTIVITY CENTRE - MARLOW STREET TO PANGBOURNE STREET

Submission by Cr Nelson

That Council:-

1. APPROVES undertaking an 18 month 40km/hr speed limit trial on Cambridge Street Urban Corridor within the Wembley Activity Centre between Simper and Pangbourne Street commencing in July 2019. Delineation of the speed trial area will include solar LED speed activated signs and appropriate road marking;

2. REQUESTS a report be submitted to Council following the 18 month trial period to determine if any impediments to retaining 40km/hr zone, including feedback from community engagements, recommendations for improvements to trial area design and recommendations for other areas within Town of Cambridge are appropriate for lower speed limit trials;

3. APPROVES BY AN ABSOLUTE MAJORITY to reallocate $15,000 to be used from unspent Infrastructure projects to allow for the commencement of planning, scoping, design, community consultation and Main Roads consultation; and

4. INCLUDES an amount of $45,000 for consideration in the 2019/20 infrastructure budget to undertake installation of line marking, signage, etc as part of project.

BACKGROUND INFORMATION PROVIDED BY CR NELSON

In line with our locals first approach and representing the interest of our ratepayers, the notice of motion is aligned with repeated requests from the local residents association, the adopted Wembley Activity Centre Plan - Traffic Impact Assessment (21 December 2016 Cardno) and recommendations from the Wembley Activity Centre Plan for improved Pedestrian Amenity (Section 9.1).

‘Reducing the maximum speed will reduce speed will set the regulatory framework for improving traffic conditions. This Plan advises to reduce the maximum speed from 60km/h to 40km/h. This is a more appropriate speed for a centre and is already practiced in various other main streets across the Perth suburbs. The logical section to start, would be Cambridge Street between Jersey Street and Marlow Street.’ (WACP Section 1.6 Movement and Access).

Under Section 1.7 Development Strategy and Implementation in the Wembley Activity Centre Plan recommends that ‘Reducing the maximum speed on Cambridge Street from 60 km/hr to 40 km/hr could be a quick win’.

This speed limit trial has the potential to improved community liveability and amenity, support local activation, aligns with Wembley Activity Centre Goals, supports greater cycling and pedestrian access, provides improved ambience for local shopping, restaurants and cafes and provides improved safety outcomes.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 18 COUNCIL TUESDAY 30 APRIL 2019

Currently this section of Cambridge Street operates a median speed of around 40km/hr compared to the speed limit of 60km/hr between 7am and 8pm. (please refer to Main Roads data). Based on the median speed data from Main Roads, implementing a 40km/hr will likely therefore have minimum impact on the half of the vehicles using Cambridge St during daylight hours. The 40km/hr zone could result in an approximate 7km/hr reduction in speed for an additional 35% of vehicles during the daylight hours based on the current 85th percentile traffic speed.

As demonstrated by the Main Roads Trafficmap data, the actual travel time through this section of Cambridge Street is significantly lower than theoretical travel time due to existing impediments to traffic flow. These include roundabouts, merge points, parking cars, turning vehicles, public transport buses and associated acceleration/deceleration. The time difference to median speed vehicles in this location is likely to be less than five (5) seconds for the proposed 500m length of the trial area. A very small imposition to improve the amenity of this community hub.

A number of precedents across Perth demonstrate wider community acceptance of 40km/hr zones in shopping strip areas to improve pedestrian safety and encourage increased street activation:

• Fitzgerald Street - North Perth • Scarborough Beach Road - Mount Hawthorn • Walcott Street and Beaufort Street – Maylands • Hay Street Subiaco • Rokeby Road Subiaco • Marine Parade Cottesloe • Scarborough foreshore Roads

(Source: MRWA Road Information Mapping System https://mrwebapps.mainroads.wa.gov.au/publicmaps/rim) (Source: https://thewest.com.au/news/australia/perth-sees-spread-of-40kmh-speed-zones-ng- ya-112028)

The implementation of a 40 km/hr zone requires Main Roads WA approval, along with public consultation. Engineering controls requirements may include flush red asphalt treatments with speed cushion (threshold) details on both east and west bound directions.

Estimated cost of trial is $60,000 for signage, delineating road marking and LED speed activated signs. LED speed activated sign could likely be reused elsewhere within Town of Cambridge if the trial is not successful. An example of indicative LED speed activated sign is included below.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 19 COUNCIL TUESDAY 30 APRIL 2019

Median speed data (Main Roads WA Trafficmap (https://trafficmap.mainroads.wa.gov.au/)

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 20 COUNCIL TUESDAY 30 APRIL 2019

ADMINISTRATION COMMENT:

The report contains information relating to the affairs of a ratepayer and it is recommended that this information not be made public.

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 21 COUNCIL TUESDAY 30 APRIL 2019

13. CONFIDENTIAL REPORTS

14. CLOSURE

H:\Ceo\Gov\Council Agenda\19 Agenda\April\30 April 2019.docx 22