AGENDA BUSINESS 1. Opening 2. Attendance 3. Public Question Time

4. Petitions 5. Deputations 6. Applications for Leave of Absence 7. Confirmation of Minutes 7.1 Ordinary Meeting of Council 25 February 2020 7.2 Special Meeting of Council 5 March 2020

8. Announcements by the Mayor without Discussion 9. Committee Reports 9.1 Development Committee 17 March 2020 9.2 Community and Resources Committee 16 March 2020 10. Council Reports 10.1 Monthly Financial Statements, Review and Variances – December 2019 and January 2020 10.2 Mid-Year Budget Review 2019-20 – Approval 10.3 Zaccaria Events - Request to Change Date of Event

11. Urgent Business 11.1 Committee Meetings – Request to Council 11.2 Town of Cambridge COVID-19 – Recovery and Relief Plan 11.3 Cash-in-Lieu Contributions – Confidential 11.4 Town of Cambridge COVID-19 – Recovery and Relief Plan – Express Determination Service for Change of Use Development Applications 11.5 Lot 1 (Nos148-152) Railway Parade, West Leederville – Change of Use from Office to Consulting Rooms – Group (Antenatal, Postnatal and Pre-Pregnancy Care 11.6 Town of Cambridge COVID-19 Recovery and Relief Plan – Impact on the Town’s Tenancies – Confidential 11.7 COVID-19 Impact on the Town’s Community Facilities - Confidential

12. Motions of Which Notice has been Given 12.1 Mayor Shannon – Provision of Instructions to Legal Representatives by Council 12.2 Mayor Shannon – COVID-19 Pandemic Response 12.3 Cr Timmermanis – Department of Local Government Authorised Inquiry into the Town of Cambridge

13. Confidential Reports 13.1 CR20.46 – Ocean Mia – Vacant Lots and Contracts of Sale 13.2 Lot 241 Brompton Road – Progress Report 13.3 Workers Compensation Claim – Progress Report 13.4 Licence Agreement for Road Reserve – GPA Pty Ltd – Progress Report 13.5 State Administrative Tribunal Matter DR277 of 2019 – Stuart Adrian Corp versus Town of Cambridge 14. Closure Visitors are reminded that mobile phones should be turned off during Council meetings COUNCIL TUESDAY 24 MARCH 2020

3. PUBLIC QUESTION TIME

Questions Taken 'on notice' at 25 February Council Meeting

Ms Sharon Goodchild, 33 Browne Avenue, Dalkeith

(Received by on line submission dated Sunday 19 January 2020 @ 12:34pm AWST; Receipt No QT100198)

Re: Poor Behaviour of Cyclists

Statement

I am a Senior Citizen who no longer feels safe anywhere near cyclists. My main concerns are that as Cycling has become more and more popular / main stream, for many reasons e.g. promoting health etc, cyclists have become more and more intolerant of pedestrians. Cyclists are becoming more and more aggressive, rude, poorly behaved, inconsiderate and believe they have right of way over everyone.

The Law for Cyclists states the following: 1. The rider of a bicycle shall not unreasonably obstruct or prevent the free passage of vehicles or pedestrians by moving into the path of a vehicle or pedestrian - Fine $50 2. Cyclists must use a cycle path if there - Fine $50 3. Pedestrians always have right of way 4. On the footpath - cyclist must ride in single file and give way to pedestrians 5. Cyclist should be courteous.

Ms Goodchild draws Elected Members’ attention to an article detailed in “Letters to the Post” on 8 February 2020 relating to this issue.

Question 1

Does the TOC have any By Laws with penalties in place to address dangerous and inconsiderate behaviour of cyclists, if not I would like to see them introduced. I believe that Rangers have certain powers in relation to such things as parking offences etc - For the safety of all I would like to see this extended to the unacceptable behaviour of cyclists. I would be grateful for your comments / information on the above. Kind regards, Sharon Goodchild

Response

A reply to the above question was provided, by email ([email protected]) on Friday 24 January 2020 at 9:10am from the Towns’ Manager Regulatory Services. The email contained the below response from the Towns’ Acting Coordinator of Rangers and Community Safety:

“Cyclists are permitted to ride on the road or on the footpath, but must obey all rules contained within the Road Traffic Code 2000 and in the Road Traffic Act 1974. Only Police are authorised to enforce laws pertaining to cyclists as they generally fall outside of Ranger jurisdiction. Council can only create local laws that permit / deny use of things like bicycles, skateboards or roller skates in public areas owned by the town, like reserves”.

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Graham Hornel, 91 Empire Avenue, City Beach

(Received by on line submission dated Friday 21 February 2020 @ 11:53AM AWST; Receipt No QT100203)

Re: Purchase of 12 Seater Minibus

Statement

In response to my question on Unbudgeted Expenditure of $65,000 on the purchase of a 12 seater Minibus, as submitted to the 17 December, 2019 OCM, the CEO stated that my enquiry about a realistic estimate of the total operating costs of that bus in its first year of operation alone, could not be answered, since the bus had not yet been purchased at that time, therefore, these costs were "yet to be specifically determined". The 'Cambridge News' issue of the 21 February, 2020 confirmed the very welcome news - especially for our Town's Seniors - that two minibuses have been purchased and are now in operation.

Question 1

Accordingly, the CEO is requested to confirm the total purchase cost of these two minibuses, including any modifications that were required to meet accessibility standards, per his response above.

Response

The Town has purchased only one (1) 12 seater bus at a cost of $47,894 (Incl. GST). The other 12 seater bus was an existing one, previously used by the Town of Cambridge Youth Services. The modifications costs are still being finalised.

Question 2

Now that these two vehicles will be used for a variety of runs, including some to destinations far away from our Town, what is now a realistic estimate of the total running costs for year one of operation, including adequate insurance for both drivers and passengers, for both vehicles and for maintenance and fuel?

Response

This has yet to be determined, other than insurance coverage, which is currently being finalised.

Question 3

In his response to my question about who will drive these buses, the CEO also stated "existing staff will be used and no additional staff costs have been approved". Can he now confirm both which existing staff hold the appropriate Light Passenger Vehicle licenses and will be the drivers and how the driving duties planned matches and relates to their current job descriptions and rates of pay?

Response

Both Community Buses are 12-seater vehicles, and only a current C class drivers licence is required. The buses will be driven by existing staff and volunteers.

Staff driving the buses for the Seniors outings do so as part of their duties.

All Position descriptions align with the relevant grades and rates of pay as outlined in the Town’s Collective Agreement 2018.

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(Received by on line submission dated Friday 21 February 2020 @ 12:27PM AWST; Receipt No QT100204)

Re: “Post” Newspaper Article of 23 November 2019

Statement

A 'POST' Newspaper article of 23 November, 2019 with the headline "Timmermanis blasts City Beach wheelchair ramp", reported that, despite the very strong objections of Councillors Nelson and Timmermanis, Unbudgeted Expenditure of $35,000 was approved for the installation of a new path and wheelchair ramp at City Beach.

Question 4

Three months later, can the CEO confirm that, as was intended at the time of approval, this project has been fully completed - and, if not, what are the exact reasons for the delay?

Response

The project is near completion, with delays being experienced with delivery of the equipment. As approved by Council, the Town purchased a beach wheelchair and accessible matting. The equipment had to be sourced from the eastern state and with the bush fire crisis there were delays with delivery. The equipment arrived on 26 February 2020. Trials will be conducted during March 2020 before being available to the public in April 2020.

Question 5

Can the CEO also now confirm that, per the requirements of the Disability Discrimination Act (1992) and current Australian Disability Standards, the approved Unbudgeted Expenditure for this new path and wheelchair ramp was both fully justified; and indeed necessary?

Response

Please note that, as approved by Council, a beach wheelchair and accessible matting has been purchased, not a new path and wheelchair ramp.

It is not a legal obligation under the Disability Discrimination Act (1992) to provide disability access to the beach, however, it meets the objective of the Act:

Part 1—Preliminary 3 Objects The objects of this Act are: (a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of: (i) work, accommodation, education, access to premises, clubs and sport; and (ii) the provision of goods, facilities, services and land; and (iii) existing laws; and (iv) the administration of Commonwealth laws and programs; and (b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.

However, under The Disability Services Act 1993 (amended 2004), it is a statutory requirement that the Town has a Disability Access and Inclusion Plan (DAIP) in place to assist in the planning and implementation of improvements to access and inclusion for its residents, ratepayers and

H:\Ceo\Gov\Council Agenda\20 Agenda\3. 24 March 2020\24 March 2020.docx 3 COUNCIL TUESDAY 24 MARCH 2020 visitors. The DAIP requires the Town to satisfy outcomes across 7 key areas, services and events, Building and facilities, Information, Services from Staff, Complaints, Public Consultation, and Employment. The DAIP assists the Town in meeting its legislative obligations of the Disability Discrimination Act (1992).

Providing access to the beach falls under Outcome 2, Building and facilities which states that People with disability have the same opportunities as other people to access the buildings and other facilities of the Town of Cambridge.

This meets the Town’s strategy for the 2018-2022 DAIP to Continue to improve the accessibility of parks, reserves and play facilities to encourage greater participation. (Note, the beach is included in Parks and reserve).

It should be noted that improvements of the DAIP not only benefits people with disability but also many people in the community including the elderly, parents and carers with young children and people from culturally and linguistically diverse backgrounds.

This project also meets the following goals of the Town’s Strategic Community Plan 2018 – 2028, including:

Strategy 1.1 Encourage and support participating in a range of public activities and events where residents can gather and interact. Strategy 3.1 Focus on improving and expanding those places where community groups interact to encourage greater participating. Strategy 3.3 Encourage a range of activities that better align with the diverse needs of ratepayers of all ages, culture and abilities. Strategy 3.4 Act to create and maintain safe, friendly and open environments that residents can access and enjoy.

Question 6

Given the Mayor's related statement that, back in 2016, 3.5% of Cambridge residents lived with a disability that requires daily support - will similar upgraded mobility accessibility work now be undertaken at Floreat Beach - and at every large park in our Town; providing Cambridge with the leadership opportunity to establish an excellent example for other Local Government entities to follow?

Response

Future accessible improvements of the Town’s buildings and facilities will be captured in the Facility Disability Upgrade Plan which is currently underway and will be delivered in order of priority and subject to Council approval.

All new projects are designed to achieve compliance wherever practical. Many of the Town’s reserves already contain DAIP compliant paths including Lake Monger, Perry Lakes, City Beach and Beecroft Park, and accessible furniture such as drink fountains, BBQ’s and playgrounds

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(Received by on line submission dated Friday 21 February 2020 @ 1:18PM AWST; Receipt No QT100205)

Re: Unbudgeted Expenditure Notice of Motion lodged by the Mayor for the period 1 November 2018 up to and including 17 December 2019

Statement

In response to my Question 3 about the total number and value of the Unbudgeted Expenditure Notices of Motion lodged by the Mayor for the period from 1 November, 2018 up to and including 17 December, 2019, the CEO stated that the total was two only for $158,000, out of the grand total of $781,000 Unbudgeted Expenditure for that period. In context and in seeking further clarification, I raise two matters. The first pertains to the Mayor's 24 September, 2019 Notice of Motion which appears to have been lodged during the period in which, per the Act, the Council was in Caretaker Mode. The second is in relation to the attachment to CR 20.22 per the Agenda for the 17 February, 2020 Community and Resources Committee Meeting, which clearly shows that the Mayor lodged the massive total of 19 Notices of Motion during Calendar 2019 alone.

Question 7

Can the CEO now confirm, or dispute that, per the Act, Notices of Motion and similar can not be either lodged or discussed by Council when it is in pre-Election Caretaker Mode?

Response

The Notice of Motion 12.3 – Additional Coaster Bus for Seniors Hub Activities’ purpose and subsequent recommendation was to receive a report for Council’s October 2019 meeting. No financial commitment was made by Council at the September 2019 meeting.

The Mayor and other Elected Members of Council can submit Notices of Motion, providing they comply with the Council Policy No: 1.1.12 – ‘Election Caretaker Policy’.

Question 8

If both the two only Unbudgeted Expenditure Notices of Motion lodged by the Mayor during 2019 as stated by the CEO and the 19 Notices of Motion showing as lodged by her during 2019 in the attachment to CR 20.22, are a true record as stated, is it possible that, due to another "administrative error", either total is in fact inaccurate?

Response

Not all the Notices of Motions resulted in unbudgeted expenditure. The amount of $158,000 unbudgeted expenditure resulting from the Mayor’s Notices of Motions is correct.

Question 9

If so, and for the record, will the CEO now confirm the accurate totals for each.

Response

This question will, in the opinion of the CEO, would divert a substantial and unreasonable portion of the local government’s resources away from other functions. Accordingly, it will not be researched.

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Question 10

Given that, according to that CR 20.22 attachment, a number of Elected Members lodged no Notices of Motion during all of 2019, is it agreed and recognised that the Mayor's total of 19 is in fact excessive by comparison to her Local Government entity counterparts?

Response

The Town is not aware of what happens in other local governments and therefore cannot provide a comment.

(Received by on line submission dated Sunday 23 February 2020 @ 8:36AM AWST; Receipt No QT100206)

Re: Per Section 5.53(2)(G) of the Act and Local Government (Administration) Regulations 1996, Regulation 19B

Statement

Per section 5.53(2)(g) of the Act and Local Government (Administration) Regulations 1996, Regulation 19B, the annual report of a local government for a financial year is to contain the following information: (a) the number of employees entitled to annual salaries of $100,000 or more; and (b) the number of those employees with an annual salary entitlement that falls within each band of $10,000 over $100,000.

Question 11

Can the CEO fully explain the reasons for his failure to ensure that this required, significant information was not included in the 2018-2019 Annual Report?

Response

The relevant page in the Annual Report specifying this information was omitted due to a printing error. This has now been rectified.

Question 12

Can the CEO now confirm what actions will be taken without delay to remedy this failure and to ensure that Regulation 19B is fully complied with by the Town of Cambridge?

Response

Refer response to Question 11.

(Received by on line submission dated Sunday 23 February 2020 @ 8:46AM AWST; Receipt No QT100207)

Re: Breach in s5.107(3) of the Local Government Act 1995 due to Non-Compliance

Statement

Directly supported by the confirmation that I received twice from Mr. Michael Connolly, Deputy Director General - Regulation, DLGSC, the CEO was in Breach of section 5.107(3) of the Act, due to Non-Compliance. This Breach occurred because, as the Town’s Complaints Officer, the CEO failed to deliver to me the written acknowledgment that the Act requires be delivered within 14 days. I have to date submitted seven online questions to the October, November and

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December, 2019 OCMs respectively, requesting that, for the record, the CEO both admit and confirm his Breach and Non-Compliance. As is very clear from an email that he sent to me on 31 January, 2020, the CEO remains determined to ignore a Ratepayer's requests, which are clearly supported by fact, that he deliver full transparency and the whole truth in his final response.

Question 13

Given that I very clearly pointed out in my email to him of 28 December, 2019 - sent in response to his unsigned letter to me of 18 December - that he has had repeated opportunities to fully deliver in response to reasonable requests and to very easily finalise this matter - will the CEO now fully explain his continuing recalcitrance and refusal to properly respond?

Response

The Town has provided previous responses on a number of occasions and has not refused to respond. The Town has previously sent you three letters in response to your repeated questions, as follows:

1. 22 October 2019 concerning Council Meeting of 15 October 2019; 2. 6 December 2019 concerning Council Meeting of 26 November 2019; 3. 18 December 2019 concerning Council Meeting of 17 December 2019.

In addition, an email was sent to you at 8.51am on 31 January 2020. All three of the above letters and the email have clearly stated the Town's position, which remains unchanged.

Ms Pauline O’Connor, 1 Talgarth Way, City Beach

(Received by on line submission dated Monday 24 February 2020 @ 8:49AM AWST; Receipt No QT100208)

Re: Payment of Account CR20-11

Statement

23/12/2019 John Giorgi Reimbursement expenses food for Council meal, parking various meetings $140.31.

Question 1

Why have you claimed expenses for a Council meal when catering is provided at meetings?

Response

The CEO did not claim expenses for a Council meal. The CEO did claim re-imbursement of parking fee expenses and for food products purchased for Town catering purposes.

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(Received by on line submission dated Monday 24 February 2020 @ 9:00AM AWST; Receipt No QT100209)

Re: Payment of Accounts CR20-11

Statement

24/1/2020 Town Employee Reimbursement Study Allowance $2325.00.

Question 2

Which department does this employee work in?

Response

This is confidential information which has been approved in accordance with the relevant Council Policy.

Question 3

What subject is this employee studying?

Response

This is confidential information which has been approved in accordance with the relevant Council Policy.

(Received by on line submission dated Monday 24 February 2020 @ 1:55PM AWST; Receipt No QT100210)

Re: Annual General Meeting of Electors Minutes

Statement

The CEO is to ensure minutes of the Annual General Meeting of Electors be taken and kept. If there are decisions made at the meeting then the minutes must be available to the public before the council meeting. s5.32 the CEO is to — (a) cause minutes of the proceedings at an electors' meeting to be kept and preserved; and (b) ensure that copies of the minutes are made available for inspection by members of the public before the council meeting at which decisions made at the electors' meeting are first considered. 2. Contents of the Annual Report for the 2018/2019 Financial Year 2.1 Mayor’s Report 2.2 Chief Executive Officer’s Report 2.3 Financial Statements Period Ending 30 June 2019.

Question 4

Mr Giorgi, Council made a decision to adopt the Contents of the Annual Report for 2018/2019 Financial Year items 2.1 to 2.4 inclusive. Why have the AGM Minutes still not been made public on the Town's website?

Response

The Town’s website has been updated.

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DEVELOPMENT COMMITTEE

TUESDAY 17 MARCH 2020

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

Items to be determined by Committee

DV20.18 Lot 423 (No.59) Marlow Street, Wembley – Mechanical Workshop 3 DV20.19 Lot 415 (No.108) Grovedale Road, Floreat – Proposed Addition (Patio) to Existing Single Dwelling 34 DV20.20 Lot 2 (No.15) Orana Crescent, City Beach – Carport 38 DV20.21 Lot 395 (No.2) Palana Road, City Beach – S31 Reconsideration of Primary Street Setback Area Fencing 43 DV20.22 Lot 241 (No.442) Cambridge Street, Floreat – Change of Use from Shop to Consulting Rooms (Chiropractor) 51 DV20.23 Lot 345 (No.59) Oban Road, City Beach – Additions to Existing Single Dwelling 61 DV20.24 Lot 566 (No.14) Alkoomie Terrace, City Beach – Extension to Term of Development Approval 0024DA-2018 for Two Storey Dwelling with Loft 68

Items to be determined by Council

DV20.25 Lot 100 (No.28) Kingsland Avenue, City Beach – Alterations/Additions to Existing Two-Storey Dwelling 75 DV20.26 Lot 180 (No.305) Salvado Road, Floreat – Proposed Outbuilding (Shed) 82 DV20.27 Draft Local Planning Policy 3.23: Transportable Storage Structures 88 DV20.28 Sustainability Strategy 2019-2023 – Progress Report No.1 94 DV20.29 Strategic Planning Priorities for 2019/20 – Progress Report No.2 100 DV20.30 Water Sensitive Cities Benchmarking and Assessment 108 DV20.31 CCTV Partnership Project 122 DV20.32 Review of Council Policy – Local Planning Policy 1.5 ‘Response to State Administrative Tribunal Matters and Reports to the Joint Development Assessment Panels 126 DV20.33 Building Permits Approved Under Delegated Authority – February 2020 130 DV20.34 Delegated Decisions and Notifications – February 2020 133

8. CLOSURE

MINUTES - DEVELOPMENT COMMITTEE - 17 MARCH 2020 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 17 MARCH 2020.

1. DECLARATION OF OPENING

The Presiding Member declared the meeting of the Development Committee open at 6.02 pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE Present: Time of Time of Entering Leaving

Members:

Cr Ian Everett (Presiding Member) 6.02 pm 7.51 pm Mayor Keri Shannon 6.02 pm 7.51 pm Cr Alaine Haddon-Casey 6.02 pm 7.51 pm Cr Kate McKerracher 6.02 pm 7.51 pm Cr James Nelson 6.02 pm 7.51 pm

Observers:

Cr Rod Bradley

Officers:

John Giorgi, Chief Executive Officer (from 6.09 pm) Brett Cammell, Acting Director Planning and Development Jennifer Heyes, Manager Statutory Planning Ryan Munyard, Senior Statutory Planning Officer Kimberley McPhail, Senior Strategic Planning Officer Chris Della Bonna, Strategic Planning Officer Peter Foxcroft, Manager Technical Services & Works (until 6.45 pm) Denise Ribbands, Senior Governance Officer

Members of the Public:

15 persons

Media:

One person

Adjournments: Nil

Time meeting closed: 7.51 pm

APOLOGIES/LEAVE OF ABSENCE

Nil

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3. PUBLIC QUESTION TIME

Nil

4. DEPUTATIONS AND PETITIONS

Item DV20.18 Carole Kagi, neighbour Neil Tao, applicant Item DV20.19 Chris Murphy, owner Item DV20.21 Sue Molvay, on behalf of the applicant Item DV20.22 Rebecca Hewitt, applicant Manuel Stomatiou, representing landowner Item DV20.23 Daniella Mrdja, on behalf of owner Item DV20.24 Ronnie, Nardizzi, applicant

5. CONFIRMATION OF MINUTES

Moved by Cr Haddon-Casey, seconded by Mayor Shannon

That the Minutes of the Ordinary meeting of the Development Committee held on 18 February 2020 as contained in the February 2020 Council Notice Paper be confirmed.

Motion put and CARRIED (5/0)

6. DECLARATIONS OF INTEREST

Item DV20.20 Impartiality Interest - Mayor Shannon, Crs Everett, Haddon-Casey, McKerracher and Nelson Item DV20.29 Impartiality Interest – Cr McKerracher

7. REPORTS

MINUTES - DEVELOPMENT COMMITTEE - 17 MARCH 2020 2 DEVELOPMENT COMMITTEE TUESDAY 17 MARCH 2020

DV20.18 LOT 423 (NO. 59) MARLOW STREET, WEMBLEY - MECHANICAL WORKSHOP

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for the use and development of a Mechanical Workshop. The development application was submitted on the basis that the use falls within the Industry - Light use class, but subsequently the applicant has asserted that the use falls within the Service Station use class.

SUMMARY:

The development is inconsistent with the aim of Local Planning Scheme No. 1 to recognise the individual character and needs of localities within the Scheme area, and is inconsistent with the Scheme objectives for the Local Centre zone.

The land use also is not a small scale, pedestrian oriented land use, and is therefore not encouraged by Local Planning Policy 2.4 - Precinct P4: Wembley (LPP 2.4), and as the proposal does not provide services primarily for the immediate neighbourhoods; is a car based use reliant on private vehicle trips; and does not provide for main daily household shopping and community needs, the use is discouraged by LPP 2.4.

Accordingly, it is recommended that the application be refused.

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. Information For the Council/Committee to note.

DELEGATION:

In accordance with cl9.1.2 of the Town's Delegation Register, the Council is required to determine the application for the following reason(s): • "The granting of development approval where three or more submissions have been received: − during the advertising period of the development application that objects to the application on valid planning grounds; and − which cannot be addressed by conditions of development approval.

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BACKGROUND:

Address: Lot 423 (No. 59) Marlow Street, Wembley Report Date: 17 March 2020 File Reference: DA19/0367 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Senior Statutory Planning Officer, Ryan Munyard Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development and Signage Plans (5 pages) 3. Parking Management Plan (10 pages) 4. Drainage and Landscape Plan (1page) 5. Traffic Report (18 pages) 6. Light Spill Plan (1 page) 7. Acoustic Report (20 pages) 8. Waste Management Policy (1 page) 9. Schedule of Submissions (44 pages) 10. Town's 23 January 2020 DRP Comments (4 pages) 11. Town's 3 March 2020 DRP Comments (2 pages) 12. Applicant's Comments (34 pages) 13. Applicant's Response to Public Consultation Concerns (4 pages)

Applicant: Dynamic Planning and Developments Owner: Nigel Warr and Donna Warr Zoning: Local Centre Precinct: Precinct P4: Wembley Development Description: Mechanical Workshop Development Value: $750,000 Existing Land Use: N/A - vacant site Proposed Land Use: Industry - Light Land Area: 1,100m2 Heritage Listing: No Application Date: 6 December 2019 Application Process Days: 102 days

DETAILS:

Relevant History

In August 2018, a development application was received for an Industry - Light (Mechanical Workshop) and “24/7” car wash for the site. This was refused at the 11 December 2018 Development Committee meeting as it was considered that the development would have an adverse impact on the amenity of the locality due to noise generation, amount of building bulk to the abutting southern residential lot and proliferation of signage. A review of the Committee’s decision was subsequently lodged by the Applicant with the State Administrative Tribunal (SAT).

As part of the SAT mediation process, on 26 March 2019 Council considered a modified proposal and resolved to refuse the revised application due to the nature of the proposed use and its impact on surrounding residential developments.

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As a result of this refusal, the revised application proceeded to a final hearing whereby SAT affirmed Council’s refusal. As part of its findings, the SAT focused on a part of the Statement of Intent of the (26 March 2019 iteration) Town’s Local Planning Policy 2.4 - Precinct P4: Wembley which at that time read as follows [emphasis added]: • “… • The existing range of local shopping and community facilities will be consolidated within these areas to serve the day to day needs of the local residents. • …”

The SAT was of the view that the Mechanical Workshop did not serve the day to day needs of the local residents due to the fact that such facilities are considered to be used infrequently (approximately every six months) and thus cannot reasonably be considered as part of an ordinary routine and regular activity. In addition, that such operations draw on a far wider catchment suggesting that the local residents would be likely to constitute a more limited component of the customers utilising the facility. The SAT was of the view that there was no sound basis to depart from this policy provision.

In July 2019, the applicant appealed SAT’s decision to the Supreme Court on a question of law pursuant to s.105 of the State Administrative Tribunal Act 2004. The applicant argued the SAT erroneously applied the above-referenced part of the Statement of Intent, as imposing a requirement that the development 'serve the day to day needs of the local residents' in order to be an appropriate use on the site.

In this regard, Honourable Justice Allanson made the following comments: “… In applying the Policy in the manner in which it did, the tribunal construed the statement of intent as imposing a requirement to be met for any new use to be acceptable or appropriate in that zone”. … I am satisfied that the tribunal applied the statement of intent as imposing a requirement that the development must meet. It is not simply that the tribunal referred to the 'day to day use' as a requirement, rather than a factor relevant to the proper exercise of discretion, in relation to both the car wash (which it found met the requirement) and the mechanical workshop (which did not). The tribunal relied exclusively on that 'requirement' in support of its finding that the mechanical workshop component of the development was not an appropriate use on the premises.

The statement of intent cannot, in my opinion, be construed as imposing such a requirement on a new development. To apply it in that way is not consistent with its text, nor its apparent purpose. I am satisfied that the decision discloses a serious misunderstanding of the Policy”.

On 15 October 2019, the Supreme Court ordered that the SAT’s decision is set aside and the matter be reconsidered by the SAT. To date, this reconsideration by SAT remains under review.

In December 2019, a new (separate) development application was received for the site. This application is solely for a Mechanical Workshop and is the subject of this Report.

In February 2020, amended plans and additional supporting information were submitted by the applicant in response to the Town’s Design Review Panel’s comments and submissions from the public consultation period. It is these latest plans which are the subject of this Report.

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Change in Planning Framework

On 30 August 2019, Amendment 38 to the Town’s Local Planning Scheme No. 1 was gazetted which introduced zone objectives to the Scheme, including objectives for the Local Centre zone. The implications of this are detailed in the ‘Statutory Assessment’ section further in this Report.

At its 25 February 2020 Meeting, Council resolved to adopt a revised Local Planning Policy 2.4 - Precinct P4: Wembley, which provides additional assessment criteria that expands upon the Local Centre zone Scheme objectives. As this iteration of the Policy represents the latest adopted version, the application has been assessed against it.

These additional criteria are to be considered when determining whether a proposed development (land use) is consistent with the Scheme objectives, and indicate the type of uses which are encouraged or discouraged in the Local Centre zone within the Wembley Precinct.

Site Context

The site is within the Wembley Precinct and is located on the south-west corner of the intersection of Marlow Street and Grantham Street, approximately 145 metres west of Wembley Primary School. The site is currently vacant as the previous service station on the property was demolished some time ago. The remaining corners of this intersection contain existing commercial units comprising various shops, a veterinary clinic and an office tenancy.

Abutting the western boundary of the site is the Jellybeans Child Care Centre. Abutting the southern boundary is a two-storey dwelling with the remaining property abutting the south-west corner containing a single-storey residence.

With the exception of the abovementioned commercial uses, surrounding development comprises a mix of single and two-storey residences.

Proposal

The application proposes a mechanical workshop with: a) A height of 7.5m (at the highest point, at the intersection corner) for the workshop building. The remainder of the building is to be 6.5m high. b) A nil setback to Marlow Street and Grantham Street, with an awning overhanging the footpath to both street frontages. c) A western side lot boundary setback of 3.6m. d) A double-width crossover with sole vehicle access from Marlow Street. e) A total of 14 parking bays (including two “waiting” bays). f) An approximate 220m2 cantilevered skillion-roof canopy structure over the 12 external car parking bays. This structure varies in height from 2.2m (from the lowest side of the skillion roof to approximately 4.1m to the top of the skillion roof). g) Three “work” bays and two “waiting” bays within the workshop building. h) Vehicle access to the work and “waiting” bays via four rear-facing roller doors. i) An approximate 2.2-2.5m high masonry wall along the southern boundary. j) Five employees (*). k) Operating hours as follows: ­ Monday - Friday: 7am - 6pm (*) ­ Saturday: 8am - noon ­ Sunday and Public Holidays: Closed l) Three wall signs on the north, east and west elevations of the building. Each sign will be flush mounted to the wall and will not be illuminated.

(*) N.B: Refer to below ‘Applicant’s Submitted Information’ section for further information and clarification.

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Applicant’s Submitted Information

Operating Hours

The applicant advises in their covering submission (refer Attachment 11) that the proposed operating hours will be as follows: • Monday - Friday 7:30am - 5:30pm • Saturday: 8am - noon • Sunday and Public Holidays: Closed

In comparison, both the applicant’s submitted Traffic Report (refer Attachment 5) and Acoustic Report (refer Attachment 7) advise that the operating hours will be 7am - 6pm.

In the event that the Council grants development approval, there should be a condition applied limiting the hours of operation to those set out in the applicant’s covering submission (see above) in order to minimise any impact on the locality arising from traffic or noise.

Employee Numbers

The applicant advises in their covering submission (refer Attachment 11) there will be three employees. In comparison, the applicant’s submitted Traffic Report (refer Attachment 5) suggests that five staff could be employed by the service centre.

In this regard, it is considered appropriate to adopt a conservative approach and assess the application using the five employees figure, given it represents a “worst case” scenario.

CONSULTATION:

Public Consultation

The application was advertised for a period of 21 days in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

In response, a total of 22 submissions were received; all of which objected to the application.

The main concerns raised during the public consultation period are summarised below:

• The development is inconsistent with the Statement of Intent of the Local Centre zone in Wembley and cl2.2 (land use provisions) of Local Planning Policy 2.4 - Precinct P4: Wembley as it does not provide pedestrian oriented services for the immediate neighbourhood that satisfy the main daily household shopping and community needs. This is particularly the case given there is an existing mechanical workshop approximately 500m east of the subject site. • The development exceeds the maximum plot ratio allowance and results in a building that is inconsistent with the size and scale of surrounding development. • The nil setback to Grantham Street is not in keeping with the surrounding residential development. It also will result in insufficient sight lines near the intersection of Marlow Street and Grantham Street. • Insufficient car parking, including a lack of information regarding the designation of employee/customer bays, will result in “overflow” parking within surrounding streets. • The scale and colour of the signage is inconsistent with the other commercial businesses located at the intersection. • The development does not provide sufficient landscaping that will encourage pedestrian use or add to the streetscape.

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• The development will significantly increase traffic within the locality due to the high volume of vehicles (including delivery vehicles and tow trucks) accessing the site. This will create additional safety hazards, particularly for pedestrians and children walking to Wembley Primary School, which the Traffic Report has not addressed. • The submitted Traffic Report is based on 2012 traffic count data which is outdated due to additional traffic as a result of recent subdivisions within the locality. • Page 12 of the Traffic Report recommends removal of the existing on-street car parking bays in Marlow Street as it may improve vehicle capacity at the intersection. • The peak hours of the workshop will coincide with the abutting western Child Care Centre. In addition, peak traffic volumes utilising the site will occur during the 40km/h school zone speed restrictions (between 7:30 am - 9am), which are located approximately 80m east of the site. • The existing transformer and associated bollards abutting the proposed crossover will inhibit sight lines for vehicles exiting the site and turning right into Marlow Street. • The proximity of the Marlow Street crossover to the intersection will create queueing issues for vehicles accessing the site, which may result in traffic “backing up” into the intersection. • The illuminated signage panels will cause light to spill into adjoining properties. • Noise emanating from the development (from a multitude of sources such as vehicle hoists, “rattle gun” tools, air compressors, workshop exhaust fans and evaporative air conditioners) will adversely impact the amenity of the locality. • No details have been provided regarding storage and handling of lubricants and solvents.

A Schedule of Submissions that includes each submission in its entirety is attached to this Report (refer Attachment 9).

Consultation with other Agencies

The application was referred to the following Agencies, with the Town's comments and the respective Agency responses tabled below:

Agency: Department of Planning, Lands and Heritage (DPLH): Strategy and Engagement branch Agency Response and Town's Comments:

The subject site abuts a Category 2 Other Regional Road Reservation (Grantham Street) under the Metropolitan Region Scheme (MRS)

The application was referred to the DPLH who advised that sole vehicle access from Marlow Street is consistent with the Western Australian Planning Commission’s Policy No. DC 5.1 – Regional Roads (Vehicular Access), which seeks to minimise the number of new crossovers onto regional roads.

The DPLH advised of no objection to the proposal on regional transport grounds and recommended that the existing crossover to Grantham Street be closed. In the event of Council approval, a condition would be imposed to secure this outcome.

The proposed vehicle access from Marlow Street was independently reviewed by the Town’s traffic consultant. In this regard, the Town is satisfied that vehicle access occurring solely from Marlow Street will not result in a significant traffic impact on either Marlow Street itself or the surrounding road network as detailed later in this Report.

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Agency: Department of Water and Environment Regulation (DWER): Contaminated Sites branch Agency Response and Town's Comments:

Due to the site’s previous history as a service station, the application was referred to DWER.

DWER advised of no objection to the proposal and recommended the following advice notes for inclusion on any approval: 1. The site is classified as remediated for restricted use under the Contaminated Sites Act 2003. 2. The site is to be managed in accordance with the site management plan entitled 'Ongoing Site Management Plan, Former Ampol Wembley Service Station' (Coffey, Nov 2017). 3. Due to the nature and extent of groundwater contamination identified to date, the abstraction of groundwater for any purpose other than analytical testing or remediation is not permitted.

Based on the above advice, the Town has no objection to the application in this regard. Agency: Public Transport Authority (PTA) Agency Response and Town's Comments:

The application was referred to the PTA as a notation on the original development plans indicates the existing bus stop sign was to be relocated.

The PTA advised they would prefer the stop to remain in its current position, noting there are no proposed development works affecting the stop and that it has also been upgraded by PTA to meet disabled access (DDA) compliance legislation.

If the stop is required to be relocated, the following must be submitted to PTA - 1. A compliant design for the affected stop location and the new stop location hardstand to meet DDA compliance is to be supplied. 2. All drawings shall be done on PTA provided templates to PTA design standards and approved and accepted by the PTA. 3. All costs for the moving of the stop, new hardstand area, line marking, signage changes and any other costs are to be borne by the developer/applicant. 4. The PTA is to be notified at least 5 working days prior to any works affecting the bus stop area – please contact [email protected] 5. Transperth will supply the polyblock required for the new hardstand, as well as remove/install the bus stop post for works to occur and supply and install TGSI’s. 6. Once completed, PTA will undertake a compliance audit prior to stop being relocated/reopened for services. 7. PTA will also undertake supply and installation of the tactile ground indicator’s after the hardstand has had time to cure.

After the original PTA advice was received, the applicant submitted amended development plans which removed the bus stop sign relocation notation from the plans.

Based on the above, the Town has no objection to the application in this regard. Agency: Water Corporation Agency Response and Town's Comments:

A sewer main is located abutting the western boundary of the site. The workshop building is to be setback approximately 2.7m from the centre of the sewer main pipe which meets the Water Corporation’s requirements.

In the event of Council approval, connection to reticulated sewer will require separate approval from the Water Corporation.

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Design Review Panel

The application was considered by the Town's Design Review Panel (DRP) on 23 January 2020. A copy of the DRP’s full Minutes is attached to this Report (refer Attachment 10).

A summary of the DRP’s comments are as follows:

• “Marlow Street's 5 metre deep landscape strip will provide streetscape amenity and an attractive interface between residential and commercial. A non-opaque boundary treatment is required to reinforce the characteristic spatial definition of front yards in the residential streetscape (eg, feature bollards with chain between). • The design of the workshop building is overly simplistic, due to unbroken building bulk and scale, with no architectural variation, or features to soften its presentation to the street and its sharp "boxy" corners. • A corner element (eg. raised pavilion/canopy section with slight recessing, minor increase to building height at corner, glazed windows for the entire corner) would emphasise entry to development from the corner. Signage panel to be re-focused to the corner of the building. • The waiting room should be extended up to the Grantham Street frontage to allow for pedestrians to access the "shop front" from both the rear carpark and from the bus stop/footpath from Grantham Street. This dual frontage would provide increased presentation and activation to the intersection. • The long 'block' yellow colours makes the building overly dominant in the streetscape and, in effect, represents an extension of the 'AutoMasters' signage logo. This needs to be redesigned to minimise the building's visual intrusion. It is noted that visitors are likely to contact the store to make a booking versus driving past and opportunistically stopping in for a vehicle service. The corner location is effectively prominent signage in itself. Therefore, such a strong visual presence is not necessary. • The bright yellow colour diminishes the amenity of the locality. It does not reflect the extent, intensity, or the colour palette of the other shops or surrounding residences, and is not cognisant of its Local Centre setting (ie. It's not highway commercial in Osborne Park, Balcatta or Malaga) • An appropriate finish (eg. custom orb lining, subject to meeting the acoustic requirements) needs to be provided to the underside of the carpark canopy area so the acoustic insulation is not visible to customers”.

The DRP recommended further changes to the plans occur which would result in the development providing a design that would better suit its Local Centre setting.

In response to the DRP’s 23 January 2020 comments, the applicant submitted amended development plans. These latest plans were also referred to the DRP who provided additional comments (refer Attachment 11).

A summary of the DRP’s latest comments are as follows:

• “…the revised design is more responsive to its context, particularly in relation to addressing the corner. • The elevation treatment to Grantham Street is less monolithic and reads more as a pair of attached buildings rather one single building, thus more in keeping with the traditional grain and lot rhythm of the place. Further reduction of scale is encouraged. • The modification to the Grantham Street elevation is an improvement and better addresses the street corner. • The inclusion of additional opaque glazed spandrels is an improvement. The same treatment should be applied to all of the windows rather than just a few, which would create a scale of glazing appropriate to a ‘main street’ location.

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• The raised canopy and the raised parapet and change of material at the corner better signals the entry points to the building. • Some additional landscape has been included in the revised design to the rear of the waiting room. • Whilst it is acknowledged that the continuous car park canopy would provide better noise attenuation, it is at the cost of a reduced landscape response to the suburban environment. From a landscape and visual perspective, the inclusion of breaks in the canopy to enable large canopy trees to grow would be a better outcome. The panel looks forward to seeing the technical resolution that potentially balances acoustic requirements with and improved setting. • The reduction in the extent of the corporate yellow is an improvement. Whilst still extensive, it does not overwhelm the building to the previous extent. The extent of the signage to Grantham Street is questionable given it will be generally seen at an oblique angle and partially obscured by the canopy below. A similar treatment to Marlow Street would be a better outcome. • The inclusion of a sheet lining to the u/s of the car park canopy is an improvement in the revised design. • The lack of consistency) of windows (high level, large with mullions, large without mullions) to the Grantham Street frontage is visually discordant and would benefit from the adoption of greater consistency. The large mullioned windows are the most appropriate for the building form and location”.

Based on the latest comments above, it is acknowledged that the development has improved since it was first considered by the DRP. However, the DRP has recommended that further changes to the plans occur, which would result in the development providing a design that would provide a better interact to the street and abutting properties.

Therefore, in the event of Council approval, it is recommended conditions be imposed to ensure additional tree plantings, further glazing around all windows, reduced yellow portions of signage and uniform window sizes to the Grantham Street frontage are provided to address the DRP’s latest comments.

APPLICANT'S COMMENTS:

The applicant has provided comments in support of the application. These comments are attached to this Report (refer Attachment 12).

In addition, the applicant has provided responses to each of the main concerns raised during the public consultation period (refer Attachment 13).

STATUTORY ASSESSMENT:

Planning and Development (Local Planning Schemes) Regulations 2015

The application has been considered against the relevant matters of Schedule 2, cl.67 of the Planning and Development (Local Planning Schemes) Regulations 2015.

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Local Planning Scheme No. 1 (LPS 1)

Aims of Scheme

Clause 9 of LPS 1 lists the aims of the Scheme. It is considered that the most pertinent aim relevant to the subject application is as follows:

“… e) to ensure that the use and development of land is managed in an effective and efficient manner within a flexible framework which: - (i) recognises the individual character and needs of localities within the Scheme Area; …”

The application is considered to be inconsistent with the above aims of LPS 1 as set out in the ‘Intent of Local Centre Zone and Land Use Provisions’ section of this Report.

Zone Objectives

The site is zoned "Local Centre" under LPS 1. The Scheme objectives of the Local Centre zone are as follows:

• “Provide services for the immediate neighbourhoods, that are easily accessible, which do not adversely impact on adjoining residential areas. • Provide for neighbourhood and local centres to focus on the main daily household shopping and community needs. • Encourage high quality, pedestrian-friendly, street-orientated development. • Provide a focus for medium density housing. • Ensure the design and landscaping of development provides a high standard of safety, convenience and amenity and contributes towards a sense of place and community”.

These objectives are intended to ensure that any new development is both compatible with, and provides services for, the adjoining residential area. These objectives are significant to the suitability of the land use.

It is considered that the proposal is inconsistent with the above as the development is not a small scale, pedestrian oriented land use; does not primarily provide services for the immediate neighbourhoods; does not satisfy main daily household shopping and community needs; is not a high quality, pedestrian-friendly street-orientated development; and does not provide a high standard of safety, convenience and amenity contributing towards a sense of place and community. Therefore, the development is not considered to be a suitable use of the land.

Industry - Light Land Use

The application was made (refer Attachment 11) on the basis that the Mechanical Workshop is an “Industry - Light (Auto Masters Motor Vehicle Repairs)”. An “Industry - Light” use is defined in LPS 1 as follows:

“means premises used for an industry where impacts on the amenity of the area in which the premises is located can be mitigated, avoided or managed”

The Industry - Light use class in the Local Centre zone is a "D" use, meaning that the use is not permitted unless the local government has exercised its discretion by granting development approval.

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As part of a revised suite of information provided on 13 February 2020, the applicant subsequently asserted that the proposal should be classified as a “Service Station”.

Prior to the gazettal of Amendment 38 to LPS 1, a service station was defined as follows:

“means any land or buildings used for the retail sale of petroleum products and motor vehicle accessories and for carrying out greasing, tyre repairs, minor mechanical repairs to motor vehicles and goods of an incidental/convenience retail nature but does not include a transport depot, panel beating, spray painting, major repairs or wrecking”

Following Amendment No. 38, the definition of a service station in LPS 1 changed, as follows:

“means premises other than premises used for a transport depot, panel beating, spray painting, major repairs or wrecking, that are used for – a) the retail sale of petroleum products, motor vehicle accessories and goods of an incidental or convenience nature; and/or [emphasis added] b) the carrying out of greasing tyre repairs and minor mechanical repairs to motor vehicles”

The applicant argues that the introduction of “and/or” at the end of point (a) of the amended definition results in the proposal being more correctly defined as a service station. It is further suggested by the applicant that a planning approval for a service station, issued in 1970 for the site, has the effect that the use now proposed has already been approved and therefore the proposed workshop does not involve any change of use under LPS 1.

The Service Station use class in the Local Centre zone is an “A” use, meaning that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions. Notice of the proposed development has been given in accordance with clause 64 of the deemed provisions and therefore this precondition to possible approval has been met.

The applicant says that classification as a Service Station would be significant as that would mean the use does not require any further approval, and the LPP 2.4 policy provisions concerning land use would be irrelevant. The Administration does not agree that the 1970 approval has the effect that the use now proposed has already been approved. The historic approval was for a different form of development and land use under a different planning regime, and the Administration considers that even if the current proposal is classified as a Service Station the development can only be approved in the exercise of discretion having due regard to all relevant considerations including the zone objectives and LPP 2.4.

Local Planning Policies

Local Planning Policy 2.4 - Precinct P4: Wembley (LPP 2.4)

Intent of Local Centre Zone and Land Use Provisions

LPP 2.4 provides a Statement of Intent for the Local Centre zone within Wembley, which reads as follows:

“Consistent with State Planning Policy 4.2, the Local Centre zone is intended to provide a local community focal point; provide for the day to day needs of local communities; and play an important role in providing walkable access to services and facilities for local communities.

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Development should be consistent with the objectives of the Local Centre zone set out in the Scheme and with the additional provisions relating to land use and development standards set out in this policy”.

During the public consultation period, concern was raised that the development is inconsistent with the above Intent and also does not meet the land use provisions of cl.2.2 of the Policy.

These provisions, which provide additional assessment criteria that expands upon the Local Centre zone Scheme objectives are to be considered when determining whether a land use is consistent with the associated Scheme objective, and (where relevant) are tabled below:

LPP 2.4 – cl.2.2 Land Use

LPS 1 Objective: Provide services for the immediate neighbourhoods, that are easily accessible, which do not adversely impact on adjoining residential areas. LPP 2.4 Criteria: a) New development should not have any adverse impact on the amenity of adjoining residential areas. Consideration will be given to the proposed hours of operation, noise, traffic and parking demand, and the general impact of the use on the amenity of adjoining land; b) Small scale, pedestrian oriented land uses are likely to be consistent with this objective and are encouraged; c) Uses which do not provide services primarily for the immediate neighbourhoods, or which provide services for a substantially wider catchment, are not considered to be consistent with this objective and are generally discouraged; d) Uses which are ‘car based’ or which rely substantially on private vehicle trips are unlikely to be consistent with this objective, and are generally discouraged; and e) In this objective, the area within a 200m radius, and up to approximately a 500m radius of the zone will generally be considered the ‘immediate neighbourhoods’.

Town's Comments: With respect to the above criteria, the following is considered relevant: • “Pedestrian oriented land uses” could include uses such as a ‘Local Shop’, ‘Liquor Store’ or a ‘Restaurant/café’. The nuance around this consideration however depends on the specific set up of the proposed business. For example, a “wine bar” that contains limited seating may likely be perceived as a pedestrian oriented land use, whereas a restaurant or take away food outlet that is designed around prominent use of a vehicle drive through facility to service its customers may likely be perceived to be vehicle oriented. • “Small scale” is considered be a land use that has a catchment of up to approximately 500m. In this regard, a 500m radius is generally consistent with the walkable catchment principles of the Western Australian Planning Commission’s Liveable Neighbourhoods, which recognises that people will consider walking 400m (approximately five minutes) to daily activities. • The additional 100m radius of LPP 2.4 has been based on Liveable Neighbourhoods and SPP 4.2 principles, having regard to the “site specific” distribution and spacing of existing Local Centres along Grantham Street and Cambridge Street in Wembley to minimise competing radius ‘overlaps’ of other nearby Local Centres. • State Planning Policy 4.2 - Activity Centres for Perth and Peel (SPP 4.2), also recognises the importance of local centres in terms of providing walkable access to services and facilities for communities.

As a result of the above, the development is not considered to be a small scale, pedestrian oriented land use encouraged by the policy. The development is expected to provide services for a substantially wider catchment, particularly given the convenience of being able to drive to the site with adequate car parking available. It is also a 'car based' use relying on private vehicle types to access its services. These types of uses are generally discouraged by LPP 2.4.

The use is not encouraged by LPP 2.4, it is inconsistent with the objectives of the Local Centre zone and therefore is not an appropriate use of the land.

Does not meet the Policy criteria.

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LPS 1 Objective: Provide for neighbourhood and local centres to focus on the main daily household shopping and community needs. LPP 2.4 Criteria: a) Land uses which provide for main daily household shopping or community needs are consistent with this objective and should generally be encouraged subject to considering the other zone objectives and policy provisions; b) Land uses which provide for weekly shopping and community needs may still be consistent with this objective; c) Land uses which do not provide for main daily or weekly household shopping or community needs will generally be discouraged; d) Smaller scale offices will not be considered inconsistent with this objective, unless the proposed use prevents the centre from focusing on main daily household shopping and community needs.

Town's Comments: In regards to the above, it is considered that the mechanical workshop does not provide for either the main daily or weekly shopping or community needs, and is therefore not encouraged. In this regard, the workshop offers a service, as opposed to selling frequently used products or services.

Furthermore, during the SAT final hearing for the previous application (ie. carwash and mechanical workshop), the SAT noted that both planning experts agreed that a mechanical workshop would generally be used approximately every six months.

Does not meet the Policy criteria. LPS 1 Objective: Encourage high quality, pedestrian-friendly, street-orientated development. LPP 2.4 Criteria: a) Proposed developments should contribute to a high level of pedestrian amenity, to generate interest and activity with the adjacent public realm.

Town's Comments: It is considered that the development does not provide a high level of pedestrian amenity that generates activity with the public realm.

Although the nil setbacks to Marlow Street and Grantham Street, awning over both street frontages and corner ‘statement’ are positive elements for the street, the development otherwise does not engage with the street by providing opportunities for pedestrians to interact with the building. This is most apparent to the Grantham Street frontage with the lack of clear glazing, openable windows and accessible pedestrian doors/entries.

Does not meet the Policy criteria. LPS 1 Objective: Ensure the design and landscaping of development provides a high standard of safety, convenience and amenity and contributes towards a sense of place and community. LPP 2.4 Criteria: a) Any proposed development should be designed and landscaped to provide for a high standard of safety, convenience and amenity for the Local Centre zone and the surrounding area.

Town's Comments: It is considered that the development adequately addresses the safety and convenience of users of the site as well as the surrounding locality as vehicle access to the site is solely from Marlow Street, car parking is located behind the building (where deliveries will also occur) and there are adequate sight lines for vehicles exiting the site.

With respect to landscaping, the application is considered acceptable as the landscape strip to Marlow Street meets the requirements of LPP 3.16 (as detailed later in this Report) and can accommodate deep root plantings.

However, it is considered that the development does not contribute toward a high level of amenity or a sense of place and community given the workshop is expected to provide services for a substantially wider catchment and customers attend the site specifically for the purpose of having their vehicle serviced. Furthermore, the built form and use of the building does not present as a typical local centre activity.

Does not meet all the Policy criteria.

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Since the Administration’s original recommendation, both LPS 1 and LPP 2.4 has been revised to now specify objectives for the Local Centre zone and additional criteria regarding land use acceptability respectively.

In light of these new strategic aims and additional guidance for the Local Centre zone, the assessment of the subject application results in the proposal being inconsistent with the above requirements of the revised Policy.

It is considered that as the application is inconsistent with the objectives of the Local Centre zone and the additional criteria of LPP 2.4, it is also inconsistent with cl9(e)(i) of LPS 1 (Aims of Scheme). This is because the application does not recognise the needs (ie. does not provide services for the immediate neighbourhoods that satisfy the main daily household shopping and community needs) of the locality surrounding the Local Centre zone at the intersection of Marlow Street and Grantham Street.

Development Standards

LPP 2.4 Deemed-to-comply Requirement Proposed Plot ratio 0.5:1 0.57:1 (maximum 551m2 for the site) (Approximately 634m2)

N.B: The skillion-roof canopy structure is included in the plot ratio calculation as it falls within the “plot ratio” definition of LPS 1.

Does not meet the Policy criteria. Setbacks Buildings shall have nil street and A nil setback is provided to Marlow Street and side setbacks. Buildings shall face Grantham Street. the street; blank walls are not acceptable During the public consultation period, concern was raised that the nil setbacks are not in keeping with the surrounding residential development. This will also result in insufficient sight lines near the intersection of Marlow Street and Grantham Street.

In this regard, the nil setbacks are in keeping with the majority of the existing commercial development at the intersection and is consistent with well-established 'commercial street activation' principles.

It is also considered the nil setback to Marlow Street will not detrimentally affect the amenity of the residential streetscape as it is approximately 14m from the building to the abutting residential lot (No. 57B Marlow Street).

Furthermore, it is noted that the DRP’s comments on the latest development plans acknowledges that improvements have been made to reduce the bulk and “boxiness” appearance of the building.

Meets the Policy criteria.

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Pedestrian i. Buildings are to provide i. The building has a continuous awning over amenity continuous awnings over the Marlow Street and Grantham Street and public adjacent footpaths. abutting footpaths. interface ii. Ground floor building frontages ii. The building provides a corner ‘statement’ are to provide a high level of to the intersection, with supporting activity and interaction with the architectural features. In addition, glazing is adjacent public realm provided across both building frontages (to iii. Vehicle entry points, the workshop and the waiting/office room). crossovers and driveways are iii. Sole vehicle access to the site is via Marlow to be located and designed to Street, with the crossover located respect and reinforce the approximately 11.3m from the intersection primacy of the pedestrian with landscaping either side of it. The environment. crossover is also largely hidden from view of Grantham Street and is located away from the bus stop and pram ramps near the intersection.

Meets the Policy criteria. Pedestrian Pedestrian access shall be Pedestrian access from both Marlow Street and access provided from the street to car Grantham Street (through the interior of the parking at the rear of properties. building) to the car park area is provided.

Meets the Policy criteria. Amenity Development shall not cause a There are no overlooking provisions for non- significant adverse impact on the residential development and there are no amenity of adjacent and adjoining portions of the development exceeding 0.5m properties by way of overlooking, above natural ground level. Therefore, the R- overshadowing and building bulk. Codes overlooking provisions do not apply and, notwithstanding, the development would meet these provisions.

There will also be no discernible overshadowing impacts on the abutting southern residential lot, as discussed later in this Report.

With respect to bulk of the workshop building itself, it is considered that the corner statement, extent of glazing and the awning assist in minimising building bulk presentation. The remainder of the building itself is to be 6.5m high (as viewed from both streets) which is similar to the existing two-storey shop and office building at the north-west corner of the intersection. In terms of compatibility with surrounding residential development, it is noted that the building is of a similar height to a two-storey flat- roof dwelling

Meets the Policy criteria.

With respect to the above, the plot ratio variation is considered to be acceptable on the basis of the following:

• The car parking area underneath the skillion-roof canopy structure is visible from the street (as opposed to it being a solid building portion). • The canopy structure has a western side lot boundary setback of approximately 4.8m. For vehicles accessing the car park, they will be able to view landscaping and natural sunlight at the end of the canopy structure. This will minimise the sense of "enclosure" for the car parking area and, when viewed from Marlow Street will provide the impression that the canopy is not continuous.

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• The canopy structure is of a skillion design and, from the lowest side of the skillion roof will be 2.2m high. This portion will be hidden from view behind the proposed new southern masonry boundary wall, which will assist in minimising building bulk presentation to the abutting residential lot. • There is approximately 6.1m separation from Marlow Street to the canopy structure, consistent with the general pattern of surrounding residential development from Marlow Street. In addition, landscaping is to be planted in front of the canopy structure (as well as underneath it) to assist in screening portions of the canopy from view of the street. • From Grantham Street, the canopy will not be visible as it will be screened by the workshop building.

Based on the above, the application is considered generally consistent with the development standards of the Policy and is therefore acceptable.

Local Planning Policy 3.10 - Design of Non-residential Development (LPP 3.10)

The intent of LPP 3.10 is to ensure that non-residential development is designed to achieve a high standard of safety and convenience for residents and visitors, and to enhance the amenity of the area.

In this regard, the Policy provides a series of criteria that relate to potential safety, amenity, and convenience concerns within the context of suitably designed buildings that are sympathetic to the existing locality. This criteria is tabled below.

LPP 3.10 Deemed-to-comply Requirement Proposed Safety The need for safe movement of During the public consultation period, concern vehicular traffic and minimisation of was raised with respect to safety of users of all conflicts between vehicles, transport modes. pedestrians and cyclists, with reference to factors such as the In this regard, vehicle access to the site is volume of traffic (both pedestrian solely via a 6.4m double-width crossover from and vehicle) likely to be generated Marlow Street. by the proposed development, location of vehicular access points, The Town’s traffic consultant independently the design and location of has reviewed the revised Traffic Report and crossovers, public transport stops, determined that the development will not result and the provision and location of in a significant traffic impact on Marlow Street segregated pedestrian walkways or the surrounding network due to the and sightlines. following: • Relatively small ‘peak hour’ and limited overall daily traffic volumes forecast to be generated by the development. • Adequate sight lines for vehicles exiting the site. • Marlow Street and Grantham Street current traffic volumes being within their design classification. • Limited number of Main Roads WA reported crash data at the intersection, which suggest no obvious intersection design safety flaws

This is discussed more comprehensively later in the Report.

Meets the Policy criteria.

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Amenity The impact on the amenity of the Concern was raised during the public adjacent area, which is likely to consultation period that the development result from implementation of the would adversely impact on the amenity of the proposal with reference to zoning locality. and land use, building height, building setbacks, design, With respect to the amenity considerations of landscaping and any discharges or this clause of the Policy (land use, building emissions to the environment from height, building setbacks, design, landscaping the proposed development. and any discharges or emissions [such as noise or light spill]) these aspects are considered acceptable as the corner statement, extent of glazing and the awning assist in minimising building bulk presentation. Furthermore, the overall building height is similar to the existing two-storey shop and office building at the north-west corner of the intersection.

In terms of noise and light spill, these emissions are considered acceptable as the development (including all associated plant/equipment and tools used) will be able to comply with the Environmental Protection (Noise) Regulations 1997. All light spill will be able to be contained within the subject allotment as demonstrated by the submitted Light Spill Concept Plan.

The provided landscaping is considered adequate as landscaping strips are provided up to both street boundaries (where not occupied by the building) and the landscaping areas are of a sufficient size to allow for deep root plantings.

Meets the Policy criteria. Convenience The co-location of facilities, and the The development proposes sole vehicle and more efficient utilisation of access from Marlow Street to a consolidated economy infrastructure with reference to car parking area behind the building. factors such as minimisation of travel, reduction in traffic, The amended development plans, which minimisation of car parking areas removed the bus stop sign relocation notation through shared use and the from the plans, ensures the proposal will not potential for improved or more impact on the existing bus stop. efficient public transport services. Meets the Policy criteria.

In addition to the above, the following provisions of the Policy are also relevant.

LPP 3.10 Deemed-to-comply Requirement Proposed Design of The design of non-residential The existing streetscape at the intersection of Non- development and its presentation to Marlow Street and Grantham Street consists residential the street (eg. windows, awnings, of various single-storey commercial tenancies, Development access points), shall be with awnings overhanging the footpath as well sympathetic to the existing as a two storey office/shop development on streetscape. the north-west corner of the intersection.

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The windows of these tenancies principally face Grantham Street, with minimal presentation to Marlow Street.

In comparison, the proposed development features a corner statement to provide better presentation and activation to the intersection. In addition, the waiting/office features large amounts of glazing to both street frontages, which is desirable. There is also glazing along the workshop portion to provide presentation to Grantham Street.

Furthermore, it is acknowledged that LPP 2.4 requires nil setbacks to both Marlow and Grantham Streets to activate and present to the streetscape, which is considered a desirable outcome for Local Centre developments.

Meets the Policy criteria. Traffic A traffic management plan may be A Traffic Report has been submitted in support Management required where the proposed of the proposed development, which has been facilities are likely to have a independently reviewed by the Town’s traffic significant impact on the consultant. surrounding street system or on the amenity of adjacent areas. The suitability of the Traffic Report is discussed in greater detail later in this Report. However, in summary, the development will not result in a significant traffic impact on Marlow Street or the surrounding network.

Meets the Policy criteria. Design and The design and location of service Vehicle access to the site is via a 6.4m double- Location of entries and loading/unloading areas width crossover with sole vehicle access from Services shall be an integral part of the Marlow Street. This access will also be overall design and development of utilised by delivery vehicles. a site. The suitability of the car parking area to accommodate deliveries and unloading is discussed in greater detail later in this Report, however, in summary, it is considered acceptable.

Meets the Policy criteria.

Based on the above, the application is considered consistent with the development standards of the Policy.

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Local Planning Policy 3.13 - Parking (LPP 3.13)

The intent of LPP 3.13 is to set out the requirements for access and parking for non-residential development. In this regard, the Policy provides criteria for car parking and for consideration of the parking design to obtain the greatest benefit from the provided facilities.

LPP 3.13 Deemed-to-comply Requirement Proposed Industry - 6 bays required (rounded up) 12 car bays plus an additional 2 “waiting” bays Light and 3 “work” bays within the building. The building comprises approximately 416m2 net floor area A total of 17 car spaces are available for the (NFA). development.

Requirements based on: Meets the Policy criteria. • 1 space/75m2 NFA

No bicycle parking requirements apply.

As tabled above, the development complies with the car parking standards of LPP 3.13 and provides an additional five spaces more than the Policy requirement.

Notwithstanding, during the public consultation period concern was raised that there would be insufficient car parking to accommodate the development, which will result in “overflow” parking within surrounding streets. Concern was also raised about the lack of information regarding the designation of employee/customer car bays.

After the public consultation period, the applicant submitted a Parking Management Plan (PMP) to address car parking allocations, clarify delivery and collection of vehicles to the site for service and propose strategies to ensure car parking will be contained on-site.

The PMP suggests that the workshop will service on average eight vehicles per day and it bases employee parking requirements on the three staff members referred to in the applicant’s covering submission.

However, it is noted that Section 5 of the applicant’s revised Traffic Report advises a higher number of bays is required. It is considered appropriate to adopt a “precautionary principle” approach and assess the application using the higher figures of the revised Traffic Report, particularly as the calculations have been undertaken by a traffic consultant.

In this regard, Section 5.3 of the revised Traffic Report states [emphasis added]:

5.3. “Reference to the internet asking how long does a standard service take? suggests that a standard service can take up to 1.5 hours and a full service 3 to 4 hours. It could be concluded that on average a vehicle service would utilise a service bay for 2 hours. Assuming the workshop opens at 7am and closes at 5pm (with pick-ups occurring until 6pm) each service bay could turnover 5 vehicles per working day. Advice from the client indicates that Automasters typically deal with 4.1 cars per bay per day, which supports the above assumptions. 5.4. Based on the Automasters average turnover, the 3 service bays would accommodate up to 13 vehicles per day, which would generate 26 movements per day 5.5. Each bay can be expected to employ a mechanic. An office manager may also be employed and an apprentice. In total 5 staff could be employed by the service centre. It would be assumed that staff would arrive prior to opening and depart after the centre closes. Assuming all persons drive, 10 staff trips per day would be generated.

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With respect to the above, the following is considered relevant:

• A “worst case” scenario (ie. five staff and all the daily serviced vehicles waiting at the site for end-of-day collection) would require 18 spaces. • It is considered highly unlikely that this situation would occur given customers would be able to collect their serviced vehicles throughout the day and staff would leave between 5pm - 6pm when vehicles are awaiting collection. • It is accepted that some customers would be able to collect their serviced vehicles either by using the abutting Grantham Street bus stop, walking from the Subiaco train station, via a “ride share” program (eg. Uber) or walking/cycling to the site and hence would not require an available bay for parking. • In terms of formal marked car bays, the development provides a total of 12, which is twice the required number of bays stipulated by the Policy. • It is accepted that developments (whether for a restaurant, shop or office etc.) do not need to provide a car bay for each and every person accessing a site (including staff) based on a “worst case” scenario, which is unlikely to occur. • Based on the data provided in the applicant’s Traffic Report, the Town’s traffic consultant is of the view that there will be an adequate provision of parking available on-site for the development.

Notwithstanding, in the event of Council approval, a condition could be imposed that any vehicles awaiting collection must be stored on-site to avoid any “overflow” parking onto the street.

Based on the above, and subject to the condition regarding on-site parking of serviced vehicles, the proposal is considered acceptable from a parking perspective.

Local Planning Policy 3.15 - Advertising Signs (LPP 3.15)

Signage for the workshop building is to be “Auto Masters” branded, not illuminated and is to be situated on the Grantham Street, Marlow Street and western elevations of the building. Some minor incidental signage, relating to operating hours and accreditation schemes is also to be located near the pedestrian entrance door from the car parking area, however these meet the exemption criteria of the Policy.

Otherwise, each sign meets the "wall sign" definition of the Policy, and the following assessment criteria is applicable:

LPP 3.15 Wall Sign Means a sign fixed or painted upon an external wall of a building including a sign located on support pillars and columns or parapets but does not project from the building Deemed-to-comply Requirement Proposed Wall sign The sign is an integral part of the The three signs, on the Grantham Street, building design and does not project Marlow Street and western elevations of the above the roof structure building respectively, are to be affixed flush onto the wall of the building and do not project above the roof line.

Meets the Policy criteria. The sign does not adversely affect The three wall signs are not to be illuminated. the character or amenity of the area in which it is to be situated Meets the Policy criteria.

With respect to the above, it is noted that LPP 3.15 does not prescribe maximum dimensions of wall signs. In addition, the Policy does not specify whether “corporate colours” (ie. the yellow painted portions) should constitute, in effect, an extension to the wall signs.

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Notwithstanding, the Policy does provide the following aims with respect to signage:

a) "To ensure that signs only relate to the goods and services on the site and/or provide information directly relating to the site in order to identify the site and the activities which occur on the site. b) To ensure that signs do not adversely impact on the streetscape and amenity of surrounding land. c) To minimise the adverse impact that outdoor advertising can cause through proliferation or poorly located or designed signage. d) To ensure that signs do not detract from the level of safety for drivers, cyclists and pedestrians by obstructing sight lines and distracting road users. e) To ensure that signs do not dominate the building or site and should only form an incidental component of the development".

For the reasons set out below in this LPP 3.15 section of this Report, the proposed “signage” is considered to comprise the wall sign panel and the surrounding corporate colours (where relevant).

Existing Streetscape

• The streetscape at the intersection of Marlow Street and Grantham Street, with the one exception on the north-west corner, comprises all single-storey buildings. The Jellybeans Child Care Centre is also single storey. • Generally, existing signage associated with the commercial tenancies at the intersection is limited to the awnings of each tenancy. • Whilst there is also some signage on the external walls of these tenancies, given their relatively small frontage and predominately single-storey scale, this results in an acceptable level of signage that is proportionately incidental to the tenancy. • It is considered that existing signage in the area is of an appropriate scale for the identification of businesses for visitors who are already aware of the location of the business (eg. the Grantham Street Vet Clinic). • Surrounding residential development consists of a mix of single or two-storey residences. These residences are a combination of older, character homes and newer contemporary- styled homes. The colour palette of the housing stock in Marlow Street is relatively subdued and neutral.

During the public consultation period, concern was raised regarding the scale and colour of the proposed signage being inconsistent with the other commercial businesses located at the intersection. Furthermore, light spill into adjoining properties was an issue that was also raised.

The applicant submitted additional information during the public consultation period confirming that the signage panels would not be illuminated. After the public consultation period, the applicant also submitted amended plans which reduced the extent of the yellow corporate colours and also reduced the number and size of the proposed wall signs.

Proposed Signage

• There is a discrepancy between the revised development plans and the signage plans. In this regard, the Grantham Street elevations shows a signage panel and surrounding yellow corporate colours, with a total length of approximately 19.6m whereas the associated signage plan for this elevation shows only a signage panel (with no surrounding corporate colours) of approximately 14.6m. • It is acknowledged that the extent of yellow was reduced in response to the DRP’s initial comments and, whilst still extensive, it does not overwhelm the building to the extent of the

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original development plans. However, the extent of yellow (as shown on the development plans) is still considered to be inappropriate. • Whilst the Town has no in-principle concern to the use of corporate colours to assist with brand recognition of businesses, within the context of the Policy aims it is important that they are used minimally to ensure they are an incidental component of the development. • The yellow facing the abutting southern residential lot does not present to the Local Centre intersection and also receives no exposure to passing traffic. It is also noted that customers arriving to the site would already have arrived in the car parking area by the time the yellow is visible to motorists. • Therefore in the event of Council approval, to ensure the signage is revised, a condition could be imposed to remove the yellow around the Grantham Street wall sign and replace the yellow facing the car park with the grey neutral colour (as shown on the signage plans). • Notwithstanding the above, the signage will not obstruct sight lines as it will be affixed flush to the wall of the building. • The signs all relate to the proposed service activities on-site. • Based on the latest development plans, the reduction in the extent of the yellow corporate colour is an improvement

In light of the above and, subject to the imposition of the abovementioned condition, on balance the application is considered acceptable with respect to signage.

Local Planning Policy 3.16 - Landscaping and Water Sensitive Urban Design (LPP 3.16)

The development standards for the Local Centre zone do not prescribe any specific standards for landscaping. However, LPP 3.16 does provide some general guidance as to the provision of landscaping for commercial sites, noting in this instance that as the development proposes a nil setback for the majority of its frontage to Marlow Street and Grantham Street (in accordance with the requirements of LPP 3.10, discussed earlier in this Report), there are less opportunities for landscaping.

During the public consultation period, concern was raised that the application does not provide landscaping that will positively contribute to the amenity of the streetscape.

In response, the applicant submitted a landscaping “concept” plan after the public consultation period which indicates the following:

• Approximately 129m2 (11.7%) of the site is to be landscaped. • An approximate 5m wide landscape strip (approximately 40m2 in total) is proposed for the portion of the Marlow Street frontage that is not occupied by the building or vehicle access to the site. It is considered that this area, is wide enough to support deep root plantings. In addition, an approximate 2.5m wide landscape strip is proposed for the portion of the Grantham Street frontage that is not occupied by the building. Both landscape strips exceed the minimum 1m width requirement of the Policy. • Approximately 18m2 of landscaping is to be planted underneath the skillion-roof carpark canopy to minimise the appearance of the hardstand area. • The landscaped areas straddling the Marlow Street vehicle access will comprise plantings that do not grow over 0.75m in height, which will ensure sight lines for vehicles existing the site are not inhibited. • The DRP commented that the landscape strip to Marlow Street will provide amenity to the streetscape and an attractive interface between the proposed building and the abutting southern residential lot.

Based on the above, the application is considered acceptable from a landscaping perspective subject to a condition being imposed on any Council approval that the attached landscaping plan

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Local Planning Policy 3.22 - Waste Management (LPP 3.22)

The intent of LPP 3.22 is to set out the requirements for waste management for any proposed development. In this regard, the Policy provides criteria for bin access and storage as well as waste collection methods.

LPP 3.22 Deemed-to-comply Requirement Proposed Bin Access Building design shall include The workshop building has designated an and Storage adequate space to: approximate 38m2 internal area for storage, • store the requisite number of which is sufficiently sized to accommodate bins as well as sufficient bins, including the required circulation space; and circulation/manoeuvring space. • provide for collection that limits pedestrian and vehicle Meets the Policy criteria. disruption. Bin storage areas shall be well- ventilated and adequately sized for the appropriate bin allocation. Design of bin storage areas shall allow all bins to be easily accessed and manoeuvred as required. Bin storage areas shall be located within the building so they are not visible from the public realm, or screened from public view with a quality material compatible with the building design. Collection of Bins, ready for collection, shall be The storage area is serviced by both a Bins presented in a manner that has dedicated roller door as well as a separate minimal impact on the public realm. pedestrian entrance to allow for collection of Where it cannot be demonstrated the bins via the internal car parking area, as that the required number of bins can opposed to the street. be practically accommodated on the verge for collection, waste Meets the Policy criteria. storage facilities shall be designed to allow collection of waste from within the site. Where this cannot be achieved a strategy for transfer of waste for collection shall be developed within the Waste Management Plan. Bins shall not be left for collection on the kerb. Waste A Waste Management Plan shall be After the public consultation period, the Management submitted for all commercial applicant submitted a Waste Management Plans development that will generate Policy which outlines how refused and waste. spillages/waste water and oil will be managed.

In this regard, the following is noted: • The property will be serviced by a commercial contractor with respect to waste disposal. • There is adequate room within the workshop building to accommodate the different waste disposal bins/tanks. • An oil separator will be installed to treat any spills/waste water.

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• A hydro carbon bin will be installed for the disposal of used rags and oil contaminated parts. In addition a “spill kit” will be provided and maintained for any fluid spills. • An industrial waste bin will be provided for general refuse. • A battery disposal area will also be provided.

Details confirming the precise location of the above infrastructure within the building could be provided in a formal Waste Management Plan (which would expand on the current submitted Waste Management Policy, and secured via a condition in the event of Council approval.

Meets the Policy criteria.

Based on the above, the application is considered acceptable from a waste management perspective subject to a condition being imposed on any Council approval that the Waste Management Policy be expanded upon to confirm the precise location of the waste infrastructure within the building.

With respect to waste water, any discharge from the workshop into the reticulated sewer network would require a separate ‘Trade Waste Permit’ from the Water Corporation. That may require the installation of oil/grease separation infrastructure to treat the waste water to an acceptable standard before discharge.

It is noted that the Water Corporation did not raise any objection during the referrals process and, noting the development will provide an oil separator, the application is considered acceptable from a drainage and waste water perspective.

Storage and Handling of Lubricants and Solvents

Concern was raised during the public consultation process as to how lubricants and solvent will be handled, stored and disposed of. In this regard, that there are various separate legislative requirements with respect to chemical or combustible materials (including associated occupational health and safety requirements) which, should Council approve the application, the respective operators of the site would need to adhere to.

DISCUSSION:

Traffic

A Traffic Report was submitted by the applicant in support of the proposal, which was independently reviewed by the Town’s traffic consultant.

Concern was raised during the public consultation period that the development will significantly increase traffic within the locality due to the high volume of vehicles (including delivery vehicles and tow trucks) accessing the site. Further points of concern related to pedestrian safety (particularly given the proximity of the Wembley Primary School), vehicle queuing, sight lines for vehicles existing the site and the outdated 2012 traffic count data used by the Report.

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After the public consultation period, the applicant submitted a revised Traffic Report which was also reviewed by the Town’s traffic consultant. In this regard, the Town’s Traffic consultant is satisfied that the development will not result in a significant traffic impact on either Marlow Street itself or the surrounding road network. The following was considered as part of this position:

• Main Roads WA Crash data for the intersection indicates three recorded crashes in the last five-year period (2014-2018) there have been only three crashes recorded at this intersection. Due to these numbers, it is considered this does not suggest a particularly hazardous intersection. • The revised Traffic Report references a manual traffic count, which recorded 73 vehicles using this portion of Marlow Street. This is considered representative of the actual peak hour traffic conditions for this road as it is widely accepted in the Traffic engineering profession that peak hour traffic on a residential road represents approximately 10-12% of the total daily volume for that road. • The applicant’s predicted maximum traffic generation is defined and restricted by the number of service bays (three) and the duration of a typical car service, for a total of up to 13 serviced vehicles per day. This approach has been based on the average turnover of an Automasters store. Accordingly, the traffic generation presented in the Report (26 customer trips and up to 10 employee trips, for a total of 36 vehicle movements per day) is considered to be accurate. • The analysis of peak hour movements presented in the applicant’s Report is based on actual operating conditions of the service centre and indicates that the PM peak traffic volume will be around 15 vehicles. Similarly, the AM peak traffic volume can be estimated to be around 13 vehicles (customers and employees arriving to work). • Additional traffic generated by the development turning at the intersection is unlikely to have a detrimental impact on the safety profile of the intersection. • Grantham Street (District Distributor A road) has a maximum design capacity of 35,000 vehicles per day (vpd). It currently carries between approximately 16,000-20,000 vpd and can adequately accommodate the additional traffic from the development. • Marlow Street (Access road) has a maximum design capacity of 3,000 vehicles per day (vpd). It currently carries approximately 700 vpd and can adequately accommodate the additional traffic from the development. • During the pubic consultation period, concern was raised that the 2012 traffic count data referenced in the applicant’s Traffic Report was outdated. This was on the basis that since 2012, new subdivisions have been approved within the locality which have increased the dwelling yield. • In this regard, the Town’s traffic consultant advised that the 2012/13 count represented the most recent data available at the time the applicant’s traffic report was prepared. The Town’s consultant checked the latest data (November 2019) which also showed traffic volumes on Grantham Street to be approximately 15,000 vpd. Notwithstanding, Town’s consultant also advised that additional traffic created by single-dwelling subdivisions is generally minimal. • In the context of the above road classifications, the peak hour volumes will be negligible on Grantham Street. They will also represent only a small addition to the overall traffic flows of Marlow Street. With respect to the proposed removal of the on-street parking bays, as proposed by the applicant’s traffic report, it is considered that this will not significantly improve traffic flows from the intersection. The retention of these bays is considered desirable as it is understood they currently provide additional on-street parking opportunities for the other tenancies within the Local Centre. Furthermore, it is considered that their retention will not inhibit traffic flows at the intersection. • With respect to the concern raised about the peak hours of the workshop coinciding with the 40km/h school zone speed restriction, the Town’s traffic has advised that the impact of the development on peak hour traffic is expected to be minimal and, notwithstanding, the nearby school zone will slow general traffic in the area which will have an overall positive impact on safety in the area.

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• Despite the existing transformer abutting the proposed crossover, vehicles exiting the site will have adequate visibility along Marlow Street, noting that they will be on the opposite side of the crossover to the transformer. It is considered that the adequate sight lines will minimise vehicle queuing within the site. • As vehicles will be able to exit the site with minimal queuing, this will also ensure that the crossover is kept relatively clear for vehicles entering the site. It is considered that this will minimise vehicle queuing into the site and, notwithstanding, the Town’s traffic consultant advises there is sufficient space for at least three vehicles to be queued within Marlow Street without impacting on the intersection. • One of the transformer’s protective bollards will be impacted by the crossover location however and would need to be relocated at the landowner’s expense in the event of Council approval (it is also noted that separate approval from Western Power would also be required for this relocation). In this regard, the latest development plans now contain a notation reflecting this requirement. • The pavement gradient levels are acceptable with respect to ground clearance of vehicles.

In addition to the above, there is an existing bus stop abutting the Grantham Street frontage of the development. This stop is associated with bus service Nos. 83 and 84, which run from the Perth CBD bus port and terminate near West Coast Highway in City Beach. In addition, the Subiaco train station is located approximately 2km south-east of the site. It is considered these options provide alternative transport modes to the site.

In comparison to the previous application for the site (for the carwash and mechanical workshop), it was previously indicated access to Marlow Street and (exit only) to Grantham Street was desirable in that particular instance. That was on the basis that those previous access arrangements would allow for a relatively even distribution of traffic from the site to the surrounding network as:

1. Vehicles utilising the workshop (which will generate less traffic than the car wash) obtain access exclusively from Marlow Street. 2. Vehicles utilising the car wash exit solely to Grantham Street, which is a District Distributor A Road and can accommodate the volumes of traffic from the car wash.

While it is also acknowledged that the workshop component of the previous application had two work bays versus the three proposed by the subject application, it is considered that the additional traffic generation as a result of the three work bays is negligible within the context of the design capacity of Marlow Street.

In conjunction with the removal of the carwash component (and consequently the main generator of vehicle traffic to the site), sole access from Marlow Street for this particular proposed development is considered acceptable in this instance.

Based on the above, the proposal is considered acceptable from a traffic perspective.

Deliveries

During the public consultation period, concern was raised around the traffic movements of delivery vehicles, particularly with their manoeuvring within the rear car parking area.

After the public consultation period, the applicant submitted a Parking Management Plan which included delivery details.

In this regard, deliveries will occur 2-3 times per day and will be scheduled to occur outside of the AM customer “drop off” period. Deliveries will be via ‘commercial-type utility van’ (eg. Volkswagen Caddy) and “utes”.

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The dimensions of a 'utility van' do not exceed that of a small rigid vehicle, which is the smallest classification within Australian Standard 2890.2 - Off-street Commercial Vehicle Facilities and is therefore considered acceptable, particularly as delivery vehicles would be able to park in one of the car bays, unload, and then exit the site in forward gear.

Based on the above, the proposal is considered acceptable from a deliveries perspective.

Lighting

During the public consultation period, concern was raised that artificial lighting would spill onto the abutting properties.

In response, a Light Spill Concept Plan (LSCP) has been submitted by the applicant which indicates that light spill can be adequately managed to ensure no adverse impacts onto surrounding properties. This is on the basis of the following:

• Lighting can be designed to ensure compliance with Australian Standard 1158 - Lighting for roads and public space for lighting impacts onto the abutting public roads and footpaths and Australian Standard 4282 - Control of the obtrusive effects of outdoor lighting for surrounding properties. • The lighting fixtures will all be downward facing with all light sources below structures and directed at surfaces. • Most of the lighting of the car parking area will be predominately contained underneath the canopy structure. • During the public consultation period, the applicant submitted additional information confirming that the proposed signage would no longer be illuminated. In this regard, while the LSCP indicates the Grantham Street elevation (above the awning) will be illuminated, it is understood the signage panels themselves will no longer be “backlit” illuminated.

The Town considers the LSCP to be generally acceptable with respect to light spill containment and elimination of potential amenity impacts, however, notes that the Concept Plan has been prepared with a degree of flexibility to account for any potential changes during the detailed design phase of the development.

Therefore should Council resolve to approve the application, it is recommended that a condition be imposed to ensure the LSCP is updated upon lodgement of the Building Permit application to confirm the precise location, fittings and illumination/lux levels of each lighting component to ensure there will be no adverse impact on surrounding properties.

Notwithstanding the above, it is also required that any future operator of the site comply with the Town of Cambridge Private Property Local Law 2016 with respect to minimising intrusive effects of any outdoor lighting.

Based on the above, the proposal is considered acceptable from a lighting perspective.

Noise

An Acoustic Report was submitted by the applicant in support of the proposal, which was independently reviewed by the Town’s acoustic consultant.

Concern was raised during the public consultation period that noise emanating from the development from a multitude of sources such as vehicle hoists, “rattle gun” tools, air compressors, workshop exhaust fans and evaporative air conditioners will adversely impact the amenity of the locality.

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In response to an independent review by the Town’s acoustic consultant, a revised Acoustic Report was subsequently prepared which concludes that the noise emissions from the development can comply with the Environmental Protection (Noise) Regulations 1997 (“the Regulations”).

This revised Acoustic Report was also reviewed by the Town’s acoustic consultant who is satisfied that the acoustic modelling undertaken by the applicant is acceptable (which was based on a conservative noise influencing factor of +3 dB(A) and a Representative Assessment Period of 4 hours). However, the acceptability of the development is predicated on the skillion-roof canopy structure over the 12 external car parking bays as this structure (and its associated acoustic insulation on the underside of its roof) is essential to comply with the Regulations.

Based on the above, the Town’s acoustic consultant is satisfied that the prescribed levels of the Regulations (and also including noise from air compressors and impact wrenches/”rattle guns”) can be achieved at all neighbouring residences. This also includes noise from vehicle hoists being operated, which, regardless, is expected to be minimal.

In regard to concern raised about plant services for the workshop (ie. evaporative air conditioning and exhaust fans), the Town’s acoustic consultant confirms that modelling results they have undertaken indicate that noise received at neighbouring residences would easily comply with the Assigned noise level for the day period, particularly given the hours of operation will conclude by 6pm during week days. Notwithstanding, in the event of Council approval, a condition could be imposed requiring an additional acoustic report to demonstrate that plant infrastructure will comply with the Regulations.

With respect to noise from the operation of the roller doors on the southern elevation, there is concern that, if operated manually via a chain geared mechanism, noise from these doors would exceed the Regulations. Therefore, in the event of Council approval, it is recommended that a condition be imposed to ensure all roller doors are operated via electric motors. The Town’s acoustic consultant advises that any such noise emissions would be similar to a standard garage door and would therefore comply with the Regulations.

Notwithstanding technical compliance with the Regulations, the Town’s acoustic consultant also conducted a review of other noise sources, such as vehicle doors closing, vehicle engine starts and movements within the car parking area. This review also extended to an amenity consideration of the impact wrenches/”rattle guns” and considered factors such as frequency and duration of the noise source as well as the type of noise attenuation measures proposed (eg. new southern boundary masonry wall, insulation lining the underside of the skillion-roof canopy structure). In this regard, it was concluded that neither of the above sources would create a significant adverse amenity impact on surrounding residences.

It is noted that the revised Acoustic Report refers to the weekday operating hours being Monday - Friday, 7am - 6pm whereas the applicant’s original covering letter references weekday hours being Monday - Friday, 7:30am - 5:30pm. It is considered that this discrepancy is not fatal to the application as the acoustic modelling has been based on a “worse case” scenario versus the more limited hours of the proposed workshop.

Based on the above, the application is considered acceptable from a noise perspective subject to a condition being imposed on any Council approval that the operation of each roller door be restricted to mechanical operation only.

Boundary Interface to Abutting Lots

The application proposes a new masonry wall, ranging between approximately 2-2.2m in height, along the entire length of the southern boundary (ie. abutting the dwelling at No. 57B Marlow Street) for noise attenuation purposes.

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This new wall is to abut an existing wall, approximately 2.4m high, which currently occupies the entire southern boundary. The existing wall is of masonry construction behind the street setback line of No. 57B. Forward of the 6m street setback line, is an approximate 1.8m high Colorbond fence.

The new masonry wall is to be located entirely within the allotment of the subject site. During the public consultation period, the development plans showed the new wall set back approximately 6m from Marlow Street (the existing 1.8m high Colorbond fence would separate the subject site and No. 57B forward of this 6m setback line). These plans also showed the height of the new wall to be generally consistent with the height of the existing boundary fence. In this regard, it is noted that the new wall contains a “stepped down” design, located behind the existing parapet wall of No. 57B, which would be 0.36m and 0.18m taller than the existing 2.4m fence. This “stepped down” portion is considered acceptable as it does not abut the main outdoor living area of No. 47B, and will not result in an adverse amount of overshadowing, consistent with the goals of State Planning Policy 7.3 - Residential Design Codes Volume 1.

After the public consultation period closed, the applicant submitted amended plans which now show the new masonry wall extending for the full length of the southern boundary (including within this 6m “front” portion). For this additional 6m front portion, the height of the new wall is to be 0.36m taller than the existing Colorbond fence.

It is considered that this additional 2.16m2 of fence surface area (ie. 0.36m x 6m) will present an undue amount of building bulk to Marlow Street, which is otherwise generally characterised by low solid fences or 1.8-2m high fences that are of a visually permeable design.

Therefore, in the event of Council approval, it is recommended a condition be imposed that any new masonry boundary wall on the subject site, that is located forward of the existing dwelling at No. 57B, does not exceed the existing Colorbond fence height.

With respect to noise attenuation implications of such a condition, it is noted that Section 3.5 (pg. 8) of the revised Acoustic Report references that the modelling was done based on all existing boundary fences. As there is currently only the Colorbond fence at the abovementioned location, the addition of a new masonry wall abutting this fence (even if reduced to 1.8m high) will likely result in the same, or slightly better acoustic results over the results of the modelling.

Along the western boundary (ie. to Jellybeans Child Care Centre), the existing approximate 1.8m high Colorbond fence is to remain unaltered. It is considered that this boundary interface is acceptable as there will be no additional building bulk projection to this boundary line. In this regard, the application is considered acceptable from a western boundary interface perspective.

Drainage

With the exception of those areas to be landscaped, the entirety of the site will consist of impermeable surfaces.

With respect to drainage requirements, the collection and retention of stormwater would be required for a 100-year rainfall event. It is considered that there is adequate room within the carparking area to accommodate the drainage infrastructure necessary for 100-year events.

After the public consultation period, the applicant submitted a drainage “concept” plan. This plan indicates stormwater runoff from the building, carpark canopy and hardstand area will be piped into underground soak wells for discharge.

Based on the above, the application is considered acceptable from a drainage perspective. This is on the provision that a condition is imposed on any Council approval that the attached drainage plan be implemented.

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CONCLUSION:

The mechanical workshop is inconsistent with the relevant aims and objectives of the Local Centre zone and the land use provisions of the Wembley Precinct Policy as it is not a small scale, pedestrian oriented land use; does not primarily provide services for the immediate neighbourhoods; does not satisfy main daily household shopping and community needs.

Furthermore, the workshop is not a high quality, pedestrian-friendly street-orientated development and does not provide a high standard of safety, convenience and amenity contributing towards a sense of place and community.

Accordingly, the development is not suitable use of the land. Discretion should not be exercised to grant approval and it is therefore recommended that the application be refused.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 4.2 - Activity Centres for Perth and Peel • State Planning Policy 7.3 - Residential Design Codes Volume 1 • WAPC Liveable Neighbourhoods • Local Planning Policies • Environmental Protection (Noise) Regulations 1997

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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

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COMMITTEE DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme, Council REFUSES the application for a Mechanical Workshop at Lot 423 (No. 59) Marlow Street, Wembley as shown on the attached plans stamped received 18 February 2020 (and 13 February 2020 for all signage plans), for the following reasons:

1. The development is inconsistent with bullet point objectives 1, 2, 3 and 5 for the Local Centre zone of the Town's Local Planning Scheme No. 1;

2. The Mechanical Workshop use is not a suitable use of the land, having regard to the zone objectives and the Town's Local Planning Policy 2.4 - Precinct P4: Wembley as:

(a) it is not a small scale, pedestrian oriented land use, and is therefore not encouraged; (b) it does not provide services primarily for the immediate neighbourhoods, and provides services for a substantially wider catchment, and is therefore discouraged; (c) it is a car based use which relies substantially on private vehicle trips, and is therefore discouraged; and (d) it does not provide for main daily or weekly household shopping or community needs and is therefore discouraged; and

3. Having due regard to the matters listed in clause 67 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the development is considered to be inconsistent with the aims and provisions of the Town of Cambridge Local Planning Scheme No. 1 (refer sub-clause (a)), the requirements of orderly and proper planning (refer sub-clause (b)), and the desired future character of the area as expressed in Local Planning Policy 2.4 – Precinct P4: Wembley (refer sub-clause g)).

Motion put and CARRIED (5/0)

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DV20.19 LOT 415 (NO.108) GROVEDALE ROAD, FLOREAT – PROPOSED ADDITION (PATIO) TO EXISTING SINGLE DWELLING

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for a patio to be erected within the north-eastern portion of the subject property.

SUMMARY:

A 12.5m2 portion of the patio (7% of the front setback area) is proposed to encroach into the primary street setback area.

The character of this immediate locality is relatively unique as the buildings on all of the adjacent corner blocks have encroachments in the front and secondary street setbacks and the lot directly to the north on the corner of Grovedale and Evandale is a commercial property with the building mostly located up to the front and secondary street boundaries as it wraps around the corner of the property (refer aerial photograph in attachment 1). There are also quite a number of other structures, mostly carports (which are of similar nature to the proposed patio), located in front setback areas in the wider locality.

In addition, the area of the patio within the front setback is not significant, will be setback 5.5m and will be partially screened by landscaping and a solid street boundary wall (refer to attachment 3 for site photographs).

Therefore in this instance, the patio will not be inconsistent with the prevailing development and its impact on the character of the locality and the streetscape is not considered to be significant.

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. Information For the Council/Committee to note.

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DELEGATION:

In accordance with cl9.1.2 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 under Cl. 34 (2) of Local Planning Scheme No. 1.”

BACKGROUND:

Address: Lot 415 (No.108) Grovedale Road, Floreat Report Date: 17 March 2020 File Reference: DA19/0395 Responsible Officer: Director Planning and Development - Marlaine Lavery, Reporting Officer: Manager Statutory Planning - Jennifer Heyes Contributing Officer: Coordinator Statutory Planning - Andrew Bratley Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development Plans (2 pages) 3. Site Photographs (3 pages) 4. Annotated Site Plan (1 page)

Applicant: Great Aussie Patio Owner: Christina Colegate Zoning: Residential R12.5 Precinct: P3: Floreat Development Description: Addition (patio) to existing single dwelling Development Value: $7,700 Existing Land Use: Dwelling - Single Proposed Land Use: Dwelling - Single Land Area: 760m2 Heritage Listing: No Application Date: 27 December 2019 Application Process Days: 81 days

DETAILS:

Site Context

The subject site is located within the P3: Floreat Planning Precinct. The site currently contains a single dwelling and a carport, with solid fencing along the primary street boundary and visually permeable fencing along the secondary street boundary. The carport and the street boundary fencing was approved in November 2000.

Proposal

A 27m2 patio is proposed to be constructed within the north-eastern portion of the property. This being where the only outdoor living area on the property is located.

A 12.5m2 portion of the patio will encroach into the primary street setback area, which equates to approximately 7% of the setback area.

The existing finished ground level is to remain unchanged.

By way of justification in support of the proposal the owners have advised that moving the patio further back from the street boundary will result in the removal of trees which provide privacy for their outdoor living area and for bedroom windows on the adjoining property.

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CONSULTATION:

Public Consultation

The application was advertised for a period of 14 days in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

One non-objection was received during the public consultation period.

STATUTORY ASSESSMENT:

Local Planning Scheme No. 1 - Clause 26 - Modification of R-Codes

Clause 26(1)(a) Modification of R-Codes Required Proposed Primary Street Setback (Patio) 9m 5.5m Clause 34 - Variations to Site and Development Requirements "(1) a) an application for planning approval which does not comply with a standard or requirement of this Scheme, where the standard or requirement does not provide for any permitted variation, is called a "non-complying application"; …

(2) Subject to sub clause (3), the Council may refuse or approve a non-complying application with or without conditions".

Assessment

Having due consideration of the relevant sub-clauses of cl67 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following is considered relevant:

• The amount which is proposed to encroach within the primary street setback area is considered to be relatively minor (12.5m2 or 7% of the front setback area). It is acknowledged that buildings within the primary street setback area are generally not supported however, in this case there are a number of properties nearby which contain buildings within the street setback area(s) and as such the established streetscape, especially in the immediate vicinity is fairly unique. • For example, within the immediate vicinity 90 Evandale Street contains a building used as consulting rooms which has been built up to the Evandale Street boundary and 109 and 111 Grovedale Road contain dwellings which are setback less than the required distance from their street boundaries. These properties are the adjacent corner Lots to this Lot. • Within the wider local area double carports exist within the primary street setback area of 61, 65, 66, 69, 73 and 74 Evandale Street, in addition to 103, 105 and 107 Grovedale Road (refer to attachment 1). A large majority of these carports are located very close to the front boundary line. • In addition, the proposed patio will be partially screened from the public realm when looking westward and eastward along Evandale Street due to existing mature landscaping on the property which is proposed to remain.

Therefore, it is considered that the portion of the patio which will encroach into the front setback, in this particular case, will not have a significant impact on the prevailing and desired development context due to the surrounding character of the area, its small scale and being partially screened by landscaping and a solid street boundary wall. The proposed non-complying application is therefore supported and it is recommended that the application be approved.

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FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 7.3 - Residential Design Codes Volume 1 • Local Planning Policies

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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme, Council APPROVES the application for addition (patio) to the existing single dwelling at Lot 415 (No.108) Grovedale Road, Floreat, as shown on the attached plans stamped received 27 December 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; and

2. All stormwater shall be contained and disposed of on-site for the life of the development to the satisfaction of the Town.

Standard Advice Notes to be included by the Administration.

Motion put and CARRIED (4/1)

For: Crs Everett, Haddon-Casey, McKerracher and Nelson Against: Mayor Shannon

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DV20.20 LOT 2 (NO. 15) ORANA CRESCENT, CITY BEACH – CARPORT

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for a proposed carport which will replace an existing approved carport in the same location.

SUMMARY:

The proposed carport is located within the primary street setback area and therefore the application does not comply with cl26 of Local Planning Scheme No. 1.

Notwithstanding this, it is considered the proposed carport will not have an adverse impact on the amenity of the streetscape and surrounding locality as it is similar in size to the one being replaced, and is located on the lower side of the slope resulting in less dominance on the streetscape.

The existing carport is rusted and failing. Given the location of the existing single dwelling, there is no other available space on the site for car parking.

Accordingly, it is recommended that the application be approved, subject to conditions.

AUTHORITY/DISCRETION:

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

community to another level of governm2ent/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. Information For the Council/Committee to note.

DELEGATION:

In accordance with cl9.1.2 of the Town's Delegation Register, the Council is required to determine the application for the following reason: • The determination of a development application under Cl. 34 (2) of Local Planning Scheme No. 1.

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BACKGROUND:

Address: Lot 2 (No. 15) Orana Crescent, City Beach Report Date: 17 March 2020 File Reference: DA19/0391 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Statutory Planning Officer, Mackenzie Walmsley Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development Plans (3 pages) 3. Site Photos (2 pages) 4. Applicant's Comments (5 pages)

Applicant: Gary Mack Owner: Leila Mack Zoning: Residential R12.5 Precinct: P1: City Beach Development Description: Carport Development Value: $30,000.00 Existing Land Use: Dwelling (Single) Proposed Land Use: N/A – works incidental to existing use Land Area: 832m2 Heritage Listing: No Application Date: 23 December 2019 Application Process Days: 50 days

DETAILS:

Site History

As part of the assessment of the subject application, the Town reviewed the archival records which confirmed the existing carport and associated retaining wall in front of the dwelling was constructed in 1986 as part of a building approval.

Site Context

The subject site is bound on the north by Orana Crescent, to the south by Oceanic Drive, to the east by Kalinda Drive and west by Marapana Road. The site comprises a single dwelling and 4.9m width carport, set back 2.7m from the primary street boundary, located north west of the dwelling.

Application History

The subject application was submitted on 23 December 2019 and the applicant provided amended plans on 10 February 2020 to clarify site levels, visual permeable fencing and ensure the carport dimensions are compliant against the Australian Standards.

Proposal

The development application proposes the following:

• A proposed double width carport to be set back minimum 1.9m from the primary street setback (Orana Crescent) in lieu of 7.5m in accordance with cl26 of Local Planning Scheme No.1. • Constructed with a gabled tiled roof and a roof pitch of 25°, the carport will be unenclosed on all sides.

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• Proposed 1.2m maximum height fencing behind the proposed carport and in front of the dwelling with white dulux lexicon aluminium slats and 75% visually permeable.

CONSULTATION:

Public Consultation

The application was advertised for a period of 14 days in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

No submissions were received during the public consultation period.

APPLICANT'S COMMENTS:

The applicant has provided comments in support of those aspects of the application that do not meet the relevant deemed-to-comply requirements. These comments are attached to this Report (refer Attachment 4).

STATUTORY ASSESSMENT:

Local Planning Scheme No. 1 - Clause 26 - Modification of R-Codes

Clause 26(1)(a) Modification of R-Codes Required Proposed Primary Street Setback 7.5m 1.9m (Carport) Clause 34 - Variations to Site and Development Requirements "(1) … a) an application for planning approval which does not comply with a standard or requirement of this Scheme, where the standard or requirement does not provide for any permitted variation, is called a "non-complying application"; …

(2) Subject to sub clause (3), the Council may refuse or approve a non-complying application with or without conditions".

Assessment

Having due consideration of the relevant sub-clauses of cl67 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following is considered relevant:

• Within the vicinity of Orana Crescent, there are a number of other examples of carports within the front setback area. This is because the area predominantly consists of established homes being retained and existing garages and carports typical of the preceding construction era which are inadequately dimensioned to accommodate modern day vehicle standards. This has resulted in many dwellings being retained with carports located between the existing dwelling and street boundary. • This is the case for this site, by which the existing dimensions of the carport do not meet the Australian Standard minimum measurements. The proposal has set back the carport as practical as possible to maintain the good quality streetscape presentation as far as practicable. There is an existing approved stairwell located between the dwelling and proposed carport, physically restricting the location of the carport. • As advised by the applicant, the existing carport is deteriorating and being replaced by a practicable carport that meets the Local Law 43 material requirements. • There is a significant portion of open space and landscaping at the front of the dwelling to provide substantial ‘relief’ between the existing dwelling and street whilst providing a degree of articulation.

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• The carport is open on all sides in order to reduce the impact of building bulk as viewed from the streetscape.

The proposed non-complying application is therefore supported.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 7.3 - Residential Design Codes Volume 1 • Local Planning Policies • Local Law 43 - Buildings on Endowment Lands & Limekilns Estate

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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

Committee Meeting 17 March 2020

Impartiality Interest Declaration – Mayor Shannon, Crs Everett, Haddon-Casey, McKerracher and Nelson

Prior to consideration of the item, Mayor Shannon, Crs Everett, Haddon-Casey, McKerracher and Nelson disclosed an interest affecting impartiality and declared as follows: “with regard to Item DV20.20, I declare that I have an association in that the applicant is a fellow Councillor of the Town of Cambridge with me and as a consequence there may be a perception that my impartiality may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme, Council APPROVES the application for a carport at Lot 2 (No. 15) Orana Crescent, City Beach as shown on the attached plans stamped received 10 February 2020, 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. All stormwater shall be contained and disposed of on-site at all times, to the satisfaction of the Town;

3. The carport shall remain unenclosed on all sides (except if it abuts the dwelling) 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 (as amended); and

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

Standard Advice Notes to be included by the Administration.

Motion put and CARRIED (5/0)

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DV20.21 LOT 395 (NO. 2) PALANA ROAD, CITY BEACH – S31 RECONSIDERATION OF PRIMARY STREET SETBACK AREA FENCING

PURPOSE OF REPORT:

The purpose of this report is for Council to reconsider a development application for fencing in the primary street setback area at 2 Palana Road, City Beach.

SUMMARY:

The original application was refused at the December 2019 Council meeting as the proposed fencing did not meet the deemed-to-comply provisions of the R-Codes due to the proposed depth of the infill panels being 50mm in lieu of 15mm.

In response, the Applicant lodged an application for review with the State Administrative Tribunal (SAT).

Following a SAT mediation (refer to the confidential memorandum attached), the Applicant submitted amended plans on 24 February 2020. The modifications involve the spacing in between the fencing infill panels being increased from 52mm to 75mm. The remainder of the proposed fencing is unchanged.

In accordance with S31 of the State Administrative Tribunal Act 2004, the SAT has invited the Town to reconsider the application based on the amended information.

With reference to the initial application plans, following several attempts at amended plans, the applicant was advised that a 75mm spacing between the proposed fencing slats may be able to be supported by Administration, however, the applicant continued with the proposal for 52mm gaps and requested the application be sent to the Development Committee for determination in December 2019.

Subsequent to this, Council made its position clear in terms of primary street fencing having to provide significant visual permeability when viewed from different viewpoints (angles) along a street boundary. This included the adoption for advertising of a new Streetscape Local Planning Policy which articulates the desired character for City Beach, and for this reason Administration recommended refusal and the Committee refused the application in December 2019.

Taking this into consideration, despite the proposed space in between the slats being increased, the proposed depth of the infill panels still does not meet the intent of the existing or draft Local Planning Policy 3.1, which seeks to maintain the openness of the streetscape and reduce the dominance of fencing and other structures in the primary street setback area. It is considered that the proposed fencing will have an undesirable impact on the Palana Road streetscape. The character of the Palana Road streetscape is significantly open (refer to attachment 4). There are very few properties along the Palana Road with any fencing at all.

Accordingly, it is recommended that the application be refused.

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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. Information For the Council/Committee to note.

DELEGATION:

In accordance with cl9.1.2 of the Town's Delegation Register, the Development Committee is required to determine the application for the following reason(s):

• Reconsideration of applications pursuant to Section 31 of the State Administrative Tribunal Act 2004, where the application was originally determined by resolution of Council.

BACKGROUND:

Address: Lot 395 (No. 2) Palana Road, City Beach Report Date: 17 March 2020 File Reference: DA19/0200 Responsible Officer: Director Planning and Development - Marlaine Lavery Reporting Officer: Manager Statutory Planning - Jennifer Heyes Contributing Officer: Coordinator Statutory Planning - Andrew Bratley Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development Plans (1 page) 3. Site Photos (4 pages) 4. Palana Road streetscape (1 page) 5. Annotated Elevations (1 page) 6. Memorandum for Council (CONFIDENTIAL)

Applicant: Mulvay Pty Ltd Owner: Ceng Gan & Leslie Gan Zoning: Residential R12.5 Precinct: P1: City Beach Development Description: Front and boundary fence with dual sliding gate Development Value: $40,000 Existing Land Use: Dwelling (Single) Proposed Land Use: N/A - works associated with existing use Land Area: 1172m2 Heritage Listing: N/A Application Received Date: Original application received on 31 July 2019 Modified plan received on 24 February 2020

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DETAILS:

Site Context

The site is located within the City Beach precinct on the corner of Palana Road and Marapana Road. The site includes a three-storey dwelling, carport, stone retaining wall and secondary and primary street fencing located on top of the retaining wall. The primary street access is taken from Palana Road.

The site features a 3m slope down from the eastern lot boundary fronting Marapana Road, towards the south western corner of the lot fronting Palana Road. The front setback area features a carport and stone retaining wall. The retaining wall slopes down towards the western boundary and is approximately 1.8m in height at the lowest point.

A review of the surrounding properties along Palana Road shows that very few of the dwellings have fencing in the primary street setback area. The majority of properties remain open to the street with low fences and retaining walls complementary to the natural slope of the land.

It is noted there are a number of high solid rendered brick and stone walls along Marapana within the primary street setback area, however, the majority of these fences are older and as such likely constructed before the Town's LPP 3.1.

Although the property is located on the corner of Palana and Marapana Roads, the proposed fencing is located on Palana Road and as such is part of the Palana Road streetscape, not the Marapana Road streetscape.

Proposal

Fencing and a gate are proposed to be installed within the property’s primary street (Palana Road) setback area.

The plans refused by Council in December 2019 show fencing with aluminium slats 13mm in width and 52mm in depth in lieu of 50mm and 15mm respectively. The aluminium slats being spaced 52mm apart.

The applicant subsequently lodged an application for review with the SAT and, as part of the SAT process, the applicant submitted amended plans showing the spacing in between the proposed aluminium slats being increased from 52mm to 75mm.

With the exception of these modifications, the revised application otherwise remains consistent with the original application.

In accordance with the State Administrative Tribunal Act 2004 Mediation is a confidential process, therefore attached for Council's reference is a confidential memorandum which outlines what has occurred during Mediation to date.

CONSULTATION:

Public Consultation

There was no statutory requirement for the amended plan to be advertised for comment.

When the original application was advertised for comment no submissions were received.

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STATUTORY ASSESSMENT:

Local Planning Policy 3.1 - Streetscapes

5.2.4 Street walls and fences Deemed-to-comply Requirement Proposed Overall height to top of piers 2m 2m from natural ground level Overall height of infill panels 1.8m 2m at highest point from natural ground level Maximum depth of slat or 15mm 50mm railing Design Principles (of R-Codes): "Front fences are low or restricted in height to permit surveillance (as per clause 5.2.3) and enhance streetscape (as per clause 5.1.2), with appropriate consideration to the need:

• For attenuation of traffic impacts where the street is designated as a primary or district distributor or integrator arterial; and • For necessary privacy or noise screening for outdoor living areas where the street is designated as a primary or district distributor or integrator arterial".

Objectives (Clause 3.1.7 Fences and Street Walls)

“The objective of this policy in regard to walls and fencing in the street setback area is to make streets attractive and safe. Front gardens are part of the formula for giving the area a lush, green feel, so it is important that front setbacks have substantial vegetation and the gardens are displayed to the street. Great streets are made up of great front gardens.

It is also important that people can see into and out of front yards, to make them safer. This is called “passive surveillance” and it discourages crime in homes and on the streets because everything is in full view. Every dwelling must contribute to the safety of its neighbourhood by allowing a high level of passive surveillance.

The preferred streetscape is one without front walls or fences. If a fence or wall is to be built, low fences and walls give the most desirable outcome. They make streets more open, attractive and hospitable places to live.”

Design Principles Assessment

Height of infill panels

• A section of the height of the infill panels fronting the primary street and along the western boundary measure at approximately 2m in height in lieu of 1.8m. • The fencing along the southern boundary above 1.8m is approximately 0.2m2. The fencing along the western boundary represents a total of 1.3m2 above the 1.8m height limit. • By way of comparison, the over height portion of fencing along the southern boundary represents 1.2% of the total surface area of the fence. The over height portion of fence along the western boundary equates to approximately 8.8% of the total surface area including retaining below (refer to attachment 5). • The portion of fence along the southern elevation is a result of the natural slope of the site with the remaining fencing being stepped down by 0.4m from the over height portion of the fence. The portion of fence in excess of 1.8m is considered negligible in this instance. • The fencing along the western boundary above the 1.8m height limit is a result of the natural elevation along the boundary to the rear of the lot. This portion of fencing is set back approximately 3.6m from the street. Taking this into consideration the variation is considered to be relatively minor.

For the above reasons, the application is considered to meet the associated design principles under the R-Codes for the height of the fence.

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Depth and width of infill panels

• The proposed infill panels of the fence are 50mm in depth and 13mm in width. The proposed depth is greater than the deemed-to-comply maximum 15mm. • Palana Road is a local access road, therefore the volumes of traffic anticipated on the road does not anticipate the need to consider for attenuation of traffic impacts by providing for fencing along the primary street. • The fencing is not providing for any privacy or noise screening for an outdoor living areas within the primary street setback area, given the primary outdoor living area is at the rear of the dwelling.

For the above reasons, the application is not considered to meet the associated design principles in regard to the dimensions of the infill panels.

Objectives for Fences and Street Walls

• The opening of the separation of the infill panels is proposed at 75mm and when viewed from the southern elevation (street view) meets the 80% visual permeability requirements of LPP 3.1. However, when viewing the fence from different viewpoints along the southern boundary, due to the increased width and frequency of the infill panels, the fence will obscure views into the front setback area. • The provisions for fencing above 0.75m in height in LPP 3.1 seek to maintain the 'openness' of the fence by requiring infill panels to be more open, whilst lower fences infill panels can be less open. The width and depth of the infill panels in this instance are important. As it is currently proposed, it will restrict views into the front setback area from different angles along Palana Road. • Very few properties along Palana Road have fencing in the front setback area, most are characterised by open front yards with some retaining to reflect the slope of the land. It is understood that the proposed fencing is requested by the owners in order to provide security for those using an existing carport within the primary street setback area, and to also provide protection from the westerly wind. • Given the overall character of Palana Road, it is considered that the proposed fencing is inconsistent with the intent of LPP 3.1 as it will not allow for a high level of passive surveillance, and will not maintain the openness of the streetscape. • Existing fencing along the remainder of the primary street boundary of the property which is not compliant with LPP3.1 due to being less than 80% visually permeable, is to remain. Having the existing and proposed fencing means that the already restricted amount of passive street surveillance from the dwelling’s ground floor and the front yard of the property will be more limited.

For the above reasons, the application is not considered to meet the objectives for street fencing under LPP3.1.

Note: No record can be found of the existing street fencing having been approved previously but it is recognised that it was probably constructed prior to the current Policy provisions.

5.2.5 Sight lines Deemed-to-comply Requirement Proposed Front fence (south) Truncated or reduced to no higher Two piers and open style than 0.75m within 1.5m of where fencing greater than 0.75m walls and fences adjoin vehicle high are to be located in the access points truncation area. Design Principles (of R-Codes): "Unobstructed sight lines provided at vehicle access points to ensure safety and visibility along vehicle access ways, streets, right-of-way, communal streets, crossovers, and footpaths."

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Design Principles Assessment

• Where the driveway meets the crossover a sight line issue already exists due to a stone retaining wall of more than 0.75m in height existing on the eastern side of the driveway. This wall was approved as part of the development of the site in 1964. • The two piers (at 0.3m in width) and open style fencing within the truncation area are not expected to significantly obstruct the views to the west or for vehicles or pedestrians travelling from the east, and the subject site does not have a pedestrian pathway adjacent nor any pedestrian attractors such as schools or shopping centres nearby. Pedestrian traffic in this instance is considered to be minor in this locality

For the above reasons, the application is considered to meet the associated design principles.

CONCLUSION:

In summary, the over height portions of the fence are considered to satisfy the associated design principles, however the proposed infill panels do not meet the requirements of the policy and does not satisfy the design principles assessment.

In context of the surrounding developments, it is considered that the proposed fence would not be consistent with the prevailing character of the streetscape. The proposed fencing would not be in keeping with the intent of LPP 3.1 to connect homes to the street and reduce the dominance of fences and other structures within the primary street setback area.

For the above reasons, it is recommended that the application be refused.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 7.3 - Residential Design Codes Volume 1 • Local Planning Policies

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.

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COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Engagement Policy. The requirements for consultation have been satisfied under the provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That, pursuant to S31 of the State Administrative Tribunal Act 2004 and in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme Council REFUSES the application for primary street setback area fencing at Lot 395 (No.2) Palana Road, City Beach as shown on the amended plan dated 24 February 2020, for the following reason:

1. The proposed fencing does not satisfy the design principles of provision 5.2.4 - Street walls and fences of State Planning Policy 7.3 - Residential Design Codes Volume 1 as the spacing of the infill slats does not allow for adequate surveillance, and does not enhance the existing streetscape which is mostly characterised by open front yards and open style street fencing.

Advice Notes

Nil

Committee Meeting 17 March 2020

During discussion, Members agreed that the combination of the depth, width and spacing of the slats does not allow for adequate surveillance, and does not enhance the existing streetscape which is mostly characterised by open front yards and open style street fencing.

AMENDMENT:

Moved by Cr Everett, seconded by Mayor Shannon

That the motion be amended to read as follows:-

That, pursuant to S31 of the State Administrative Tribunal Act 2004 and in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme Council REFUSES the application for primary street setback area fencing at Lot 395 (No.2) Palana Road, City Beach as shown on the amended plan dated 24 February 2020, for the following reason:

1. The proposed fencing does not satisfy the design principles of provision 5.2.4 - Street walls and fences of State Planning Policy 7.3 - Residential Design Codes Volume 1 as the combination of the depth of the infill slats (in this case 50mm) plus the spacing of the slats (in this case 75mm) plus the width of the slats (in this case 13mm) does not allow for adequate surveillance, and does not enhance the existing streetscape which is mostly characterised by open front yards and open style street fencing.

Advice Notes

Nil

Amendment put and CARRIED (5/0)

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COMMITTEE DECISION:

That, pursuant to S31 of the State Administrative Tribunal Act 2004 and in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme Council REFUSES the application for primary street setback area fencing at Lot 395 (No.2) Palana Road, City Beach as shown on the amended plan dated 24 February 2020, for the following reason:

1. The proposed fencing does not satisfy the design principles of provision 5.2.4 - Street walls and fences of State Planning Policy 7.3 - Residential Design Codes Volume 1 as the combination of the depth of the infill slats (in this case 50mm) plus the spacing of the slats (in this case 75mm) plus the width of the slats (in this case 13mm) does not allow for adequate surveillance, and does not enhance the existing streetscape which is mostly characterised by open front yards and open style street fencing.

Advice Notes

Nil

Motion, as AMENDED, put and CARRIED (5/0)

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DV20.22 LOT 241 (NO. 442) CAMBRIDGE STREET, FLOREAT – CHANGE OF USE FROM SHOP TO CONSULTING ROOMS (CHIROPRACTOR)

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for a Change of Use from Shop to Consulting Rooms (Chiropractor).

SUMMARY:

The application proposes a variation to the parking requirements of Local Planning Policy 3.13: Parking, proposing nil car parking bays in lieu of the minimum 4 bays and nil bicycle bays in lieu of the minimum 1 bay.

‘Consulting Rooms’ is a ‘D’ use in Local Planning Scheme No.1, which means the use is not permitted unless the local government has exercised its discretion by granting development approval.

It is considered the proposed use is compatible with the surrounding development and character of the Birkdale Local Centre precinct, as it is a low intensity operation with only one practitioner and will not have an adverse noise impact on the adjoining properties on Birkdale Street and Cambridge Street.

However, the use currently does not provide any on-site parking and as such will likely result in a greater demand, albeit not significant, on existing parking facilities on Birkdale Street and Cambridge Street. The site is located within one of the cash-in-lieu collection areas as identified in the Local Planning Policy 3.13 and as such it is considered a cash-in-lieu contribution is an appropriate mechanism to resolve the parking shortfall.

Accordingly, it is recommended that the application be approved, subject to conditions.

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. Information For the Council/Committee to note.

DELEGATION:

The application is presented to Council due to the nature of the use having a potential parking impact in the Birkdale Street area as well as an objection being received during the public consultation period. In this instance, it is not considered appropriate for the Administration's delegation to be exercised.

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BACKGROUND:

Address: Lot 241 (No. 442) Cambridge Street, Floreat Report Date: 24 March 2020 File Reference: DA20/00017 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Statutory Planning Officer, Mackenzie Walmsley Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development Plans (2 pages) 3. Site Photos (3 pages) 4. Schedule of Submissions (1 page) 5. Applicant's Comments (1 page) Applicant: Mrs Rebecca Hewitt, Hewitt Family Trust Owner: Anastasia Stamatiou Zoning: Local Centre Precinct: P3: Floreat Development Description: Change of Use from Shop to Consulting Rooms (Chiropractor) Development Value: N/A Existing Land Use: Shop – ‘P’ (Permitted) Proposed Land Use: Consulting Rooms – ‘D’ (Discretionary) Land Area: 943m2 Heritage Listing: No Application Date: 30 January 2020 Application Process Days: 54 days

DETAILS:

Site History

As the subject site is relatively old, containing several established businesses on site, the Town reviewed the archival records with the following summarised timeline provided for context:

Determination Date Determination Details 23 May 1955 The City of Perth Council approved a building permit for a proposed store room, identifying 3 existing shops fronting Cambridge Street and an existing dwelling, garage and verandah fronting Birkdale Street. 4 March 1969 The City of Perth Council approved a building permit for shop alterations on the Cambridge Street side of the subject site. 20 February 1975 The City of Perth Council approved a building permit for 9 shops, 1 take away food outlet and 2 offices on No. 442 and No. 444 Cambridge Street with a total of 12 car parking bays to accommodate all uses on-site.

No parking was made available on No. 442 Cambridge Street only on No. 444 Cambridge Street. This approval enabled the erection of a building straddling the two properties, located on the subject site’s western side boundary. Since then, the Town had assumed the two properties were amalgamated and assessed change of use applications and associated car parking calculations collectively. 26 June 1984 The City of Perth Council approved a storeroom straddling the boundary of Nos. 442 and 444 Cambridge Street. 2 January 2001 The Town of Cambridge approved fascia signage on all the units of No. 442 Cambridge Street that front Birkdale Street. 7 June 2017 The Town of Cambridge approved an additional use of take-away food outlet to existing shop on the subject site, not this specific tenancy. The car parking bays available on the adjoining property of No. 444 Cambridge Street were used for the parking assessment.

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Site Context

The subject site is located within the Floreat Planning Precinct. Comprising of 7 units, the subject site is a corner property bounded by Cambridge Street to the south and Birkdale Street to the east. The subject unit is located on the north side lot boundary, affording frontage on Birkdale Street.

The site is currently occupied by a commercial building, constructed in 1947 with shop and office extensions and additions approved over the decades. It was confirmed by Landgate that Nos. 442 and 444 Cambridge Street were created in 1947 and have always been legally registered as two individual entities.

The Cambridge and Birkdale Street intersection is characterised by a mix of commercial and retail uses, including cafes/restaurants, take away food outlets and shops. Surrounding development includes a mix of residential dwellings including single and grouped dwellings.

Proposal

The details of the application are as follows:

• To change the land use from Shop to Consulting Rooms, employing a maximum of one practitioner (chiropractor). • Nil car parking bays, in lieu of the required 4 car parking bays. • Nil bicycle parking bays, in lieu of the required 1 short term bicycle parking bay. • Approximately 8-9 m2 of the unit will be used as reception and retail while the remaining 13- 14 m2 of the unit will be utilised for the treatment room (Chiropractor treatment room, clinic equipment and supply storage including x-ray viewing box etc). • The proposed hours of operation (inclusive of the Consulting room and Shop) are: • Monday: 9am-6:30pm • Tuesday: 9am-4pm • Wednesday: 9am-12pm. 2pm-6pm. • Thursday: 9am-6pm. • Friday: 9am-4pm. • Saturday: 8:30am-12:30pm. • Sunday: Closed • Consulting room appointments: • Monday: 12pm-6:30pm • Tuesday: closed • Wednesday: 9am-12pm. 2pm-6pm. • Thursday: 12pm-6pm. • Friday: 9am-1pm. • Saturday: 8:30am-12:30pm. • Sunday: Closed • The proposed anticipated number of patients in the consulting room at any one time being a maximum of 2-3 people. • The existing wall sign and under awning sign fascia proposed to be replaced with the consulting room business logo and name.

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CONSULTATION:

Public Consultation

The application was advertised for a period of 14 days in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

In response, a total of one submission was received which objected to the application.

The submission specifically raised objection to the car parking bay shortfall proposed. The main concerns raised during the public consultation period are summarised below:

• There is currently insufficient parking bays in the Birkdale shopping area for the number of employees and customers associated with the existing businesses. • Any further shortfalls in parking bays would exacerbate overflow parking in these adjacent side streets, resulting in increased congestion, safety hazards and reduction in amenity for residents. • Surrounding residential properties (with specific reference to Newry Street) will be severely impacted by the additional overflow all day 6 days a week.

A Schedule of Submissions that includes the submission in its entirety is attached to this Report (refer Attachment 4).

APPLICANT'S COMMENTS:

The applicant has provided comments in support of those aspects of the application that do not meet the relevant deemed-to-comply requirements. These comments are attached to this Report (refer Attachment 5).

STATUTORY ASSESSMENT:

Local Planning Scheme No. 1 – Land Use

The subject site is zoned Local Centre in the Town’s LPS1.

It is considered that the proposed operation, being a chiropractor service that offers diagnosis, treatment and prevention of musculoskeletal disorders for patients, the use of the building can be reasonably defined as a ‘Consulting Rooms’ under LPS1.

The proposed ‘Consulting Rooms’ is a ‘D’ use in a Local Centre zone in LPS1, which means that the use is not permitted unless the local government has exercised its discretion by granting development approval. Consulting Rooms as defined under the Local Planning Scheme No. 1:

Means premises used by no more than 2 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care.

The objectives of the Local Centre zone in LPS1 are listed as follows:

• “Provide services for the immediate neighbourhoods that are easily accessible, which do not adversely impact on adjoining residential areas. • Provide for neighbourhood and local centres to focus on the main daily household shopping and community needs. • Encourage high quality, pedestrian friendly, street-orientated development.”

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The Floreat Precinct policy identifies the Birkdale Street Shops Local Centre and seeks to consolidate the existing range of local shopping and community facilities to serve the day to day needs of the local residents. Careful control is also required to be exercised over the nature of any uses proposed and their design and site layout to ensure minimal impact on any adjacent residential development. Therefore, the proposal is considered consistent with the objectives of the Local Centre zone.

Note 2 under Clause 18 of LPS1 states that, with regards to land use, ‘In considering an application for development approval, the local government will have regard to clause 67 of the deemed provisions’.

In this instance, the provisions under Schedule 2 cl67 of the Planning and Development (Local Planning Schemes) Regulations 2015 (deemed provisions) that are relevant to the proposal are as follows:

“(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

(n) the amenity of the locality including the following – (i) environmental impacts of the development; (ii) the character of the locality; (iii) social impacts of the development;

(o) the adequacy of – (i) the proposed means of access to and egress from the site; and (ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles”

The subject application meets all deemed-to-comply requirements of the relevant local planning policies, with the exception of the parking shortfall as listed in the subsequent section. In the event of Council approval, it is recommended that relevant conditions be imposed to ensure those matters are appropriately managed.

Assessment

Having due consideration of the relevant sub-clauses of cl67 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following is considered relevant:

Local Planning Policy 2.3: Precinct P3: Floreat (LPP2.3)

An assessment against the intent of the Local Centre zone (Birkdale Street shops) are set out below.

• “The existing range of local shopping and community facilities will be consolidated within this area to serve the day to day needs of the local residents”. • “Any new development should be of a height and scale similar to the majority of existing buildings and have no setback from the street. Continuous shopfronts and weather protection over the footpath for pedestrians should be provided”. • “Careful control will be exercised over the nature of any buildings, in particular their design and site layout to ensure minimal impact on any adjacent residential development. Additionally, adequate car parking must be provided to ensure that vehicles do not encroach into residential streets”.

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A chiropractor is considered the type of development typically associated with the Local Centre zone, catering for the day to day needs of the local residents with respect to health care and wellbeing.

As the proposal involves no external changes, the established open shopfront will remain as is, with the exception of new signage labelling consistent with the proposed business logo, name and operation. With respect to ensuring adequate car parking facilities to prevent an adverse impact on adjoining residential streets and associated properties, further parking assessment is provided below.

Local Planning Policy 3.13: Parking

Deemed-to-comply Requirement Proposed Car Parking Bays Consulting Rooms Nil Required: 4 Shortfall: 4 Bicycle Parking Consulting Rooms Nil Required: 1 Shortfall: 1

Where there is a non-compliance with the car parking requirements, the application is required to be considered under the below listed objectives of the policy:

• “To facilitate the development of sufficient parking facilities; • Promote a choice of transport options by ensuring the provision of a mix of car, bicycle and vehicle parking; • Ensure that the supply of parking also encourages alternative, more sustainable modes of transport; • To facilitate the development of adequate, safe and convenient parking and access for pedestrians, cyclists and motorists; and • Ensure adequate provision for service vehicles. “

Accordingly, an assessment against the objectives of the policy are provided below:

• The proposed use is located in close proximity to public transport. Whilst patients will be visiting the chiropractor for the diagnosis and treatment of injuries, not all patients would be precluded from walking, cycling or using public transport. As such, the proposed land use is not considered to restrict the diversity of transport methods to access the site. • The location of the site exists within the Birkdale Local Centre and as such, there is a mix of small scale retail, medical and personal services such as local shops, restaurants, take away food outlets and pharmacists. As is the nature of a local centre, many customers will engage in multi-destination trips utilising the parking of one premise to visit multiple commercial premises in the area, with customers selected parking that is most convenient for their planned trip. • A study was undertaken of the existing seven units business operation hours. It was found that the operating hours of the proposed chiropractic business are consistent with the existing adjoining and adjacent uses, therefore it is likely the traffic and parking demand for the vicinity will increase should the proposal be approved as it is considered there is safe and convenient parking available in the area. Notwithstanding this, as all of the parking is not available on-site, it is recommended that a cash-in-lieu of parking condition be applied in order to enable adequate parking provision to be satisfied in accordance with the policy (refer to the discussion below).

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• It is acknowledged that whilst there is on-street parking available on both sides of Cambridge Street and on Birkdale Street, parking bays can be limited during peak times. It should be noted that the existing shop and cafes are local establishments that primarily target those visiting and living in the immediate area. • The proposed use does not contain a significantly large area, being only 23sqm having only one treatment room and one practitioner, ensuring on-street parking bays will be ‘recycled’ more efficiently between customers.

For these reasons, the proposed variation meets the aims of the policy and is not considered to have a detrimental impact on site, the adjoining properties or the locality.

Clause 2. Reductions to Parking Ratios (LPP3.13)

The minimum number of parking bays required under Table 1 of the Policy may be reduced where certain criteria is addressed demonstrating a lessened parking demand including location of the development within a traditional strip centre, proximity to and suitability of public transport, in particular high-frequency routes.

Clause 4. Cash-in-lieu of Parking (LPP3.13)

As the site falls within the Birkdale Local Centre and the applicant has not provided all car parking on site, a cash-in-lieu of parking may be considered where developments have a shortfall of parking according to the requirements table.

Cash-in-lieu of parking can be considered where:

• There exists adequate provision for car parking in the proximity of the proposed development. • The Town is satisfied that public transport facilities are available to satisfy the transport access demands of employees, residents and visitors to the development. • The physical constraints of the site, make on-site provision impracticable. In this instance, as the building occupies the entirety of the property, having been constructed as early as 1955, it is impossible for parking to be made available without the whole building being demolished.

With respect to the established parking context in the vicinity (point 1 above), there are 23 existing car parking bays and 2 motorcycle bays located on Birkdale Street, north of Cambridge Street. On Birkdale Street, south of Cambridge Street there are 18 existing car parking bays and 1 motorcycle bay. Within a 20m radius of the Cambridge Street and Birkdale Street intersection, there are a total of 14 bays available either side of Cambridge Street (9 to the west and 5 to the east).

In relation to point 2, there is a high frequency service less than 100m from the subject unit (Transperth bus route Nos. 81 and 82) either side of Cambridge Street, east of Birkdale Street. Further to point 3, in this instance, as the building occupies the entirety of the property, having been constructed as early as 1955, it is impossible for parking to be made available without the whole building being demolished.

Cash In Lieu Calculation:

Cash-in-lieu of Parking Calculation Clause 4.2 1 bay Cash in lieu for parking can be applied for a maximum of 25% of the parking bay requirement (4 bays) Clause 4.4 $16,338 per bay Cash in lieu payment rate for all commercial areas not otherwise prescribed Cash-in-lieu Contribution $16,338

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Whilst the planning policy framework sets certain standards for broad orderly and proper planning reasons, the imposition of a considerable cash payment in lieu of onsite parking can present a significant burden to the establishment of new business. Council may wish to consider this impact in the determination of this application.

To this end, an Economic Development Strategy was recently adopted by Council which may be considered in the determination of this matter.

Economic Development Strategy 2018-2022 (EDS) Goal 1: Provide a high standard of communication and support Goal 2: Develop our unique centres to support population growth and attract high quality employment.

A strong theme of the Town’s EDS is for the Town to provide for greater support for local businesses, with a specific medium term action of the Strategy being “Review current business related approval processes and develop a set of process improvement recommendations.”

Taking this into account, although no actions have been developed to date, it is recommended that the contribution amount be adjusted in this case. It is considered that this component of $16,338 is excessive for a small business operating within an established building, rather it should be more consistent with other recent approvals in the traditional local centre areas which have reduced the amount in recognition of the burden on these type of exiting strip centre shops. Given the scale of the proposal and the location in a local centre where it is likely people will engage in multi-destination trips, it is considered reasonable to reduce the cash-in-lieu of car parking contribution by 50%, to $8,169.

To ensure consistent decision making, it is considered appropriate to impose cash in lieu of car parking in line with Council’s current Local Planning Policy 3.13: Parking, at least to some regard.

CONCLUSION:

The proposed land use is supported as it represents a diversification of the offerings in the Birkdale Street centre and will assist in maintaining and improving the quality of life in our communities in accordance with the objectives of LPS1.

In conclusion, it is considered that the proposal will make a positive contribution to the Town, despite the parking shortfall in terms of on-site provision. It will contribute to the character of Birkdale Street and activate the current locality by providing a local business which is at a suitable scale to not have a detrimental impact on the nearby residential amenity of the locality.

For the above reasons, it is recommended that the application be approved, subject to conditions.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • Local Planning Policies

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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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme, Council APPROVES the application for a Change of Use application from Shop to Consulting Rooms at Lot 241 (No. 442) Cambridge Street, Floreat as shown on the attached plans stamped received 17 January 2020, subject to the following conditions:

1. This approval is for “Consulting Rooms” as defined in the Town’s Local Planning Scheme No.1 and the subject premises shall not be used for any other use without further approval of the Town.

2. 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;

3. At any one time, the maximum number of practitioners operating from the Consulting Rooms on site shall be one (1); and

4. The landowner shall pay a cash-in-lieu contribution of $8,169 to the Town, to be held in reserve for future parking improvements in the vicinity of the subject site, in accordance with Local Planning Policy 3.13 Parking. Payment shall occur as two equal instalments, one immediately prior to commencement of the use and the balance prior to the lodgement of an Occupation Permit.

Standard Advice Notes to be included by the Administration.

Committee Meeting 17 March 2020

Prior to consideration of the item, in accordance with Policy No. 1.1.11 – Elected Member Relationship with Developers, Mayor Shannon, Crs Haddon-Casey, McKerracher and Nelson declared that they had contact with the landowner.

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Discussion ensued. Cr Haddon-Casey suggested that further information was required on the progress the Administration and Community Consultation Group for this precinct has made in relation to parking in the area, the review of Local Planning Policy 3.13 and the cash-in-lieu contribution for the childcare application at 25 Newry Street, Floreat.

PROCEDURAL MOTION:

Moved by Cr Haddon-Casey, seconded by Mayor Shannon

That the item relating to Lot 241 (No. 442) Cambridge Street, Floreat be submitted to Council for determination.

Motion put and CARRIED (5/0)

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DV20.23 LOT 345 (NO.59) OBAN ROAD, CITY BEACH – ADDITIONS TO EXISTING SINGLE DWELLING

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for additions to an existing single dwelling.

SUMMARY:

The application does not meet the deemed-to-comply requirements of the R-Codes for the eastern, western and southern (rear) lot boundary setbacks.

With respect to the proposed setback of a verandah from the western lot boundary and the proposed setback of an alfresco wall from the eastern lot boundary, these variations are supported. However, it is considered that the garage boundary wall and the proposed reduced rear setback of a pool house and work-out building do not meet the applicable design principles and the desired future character of the area.

The impact on the established streetscape and adjoining properties will be adverse, and the variations will not maintain the open nature of the precinct’s layout. Accordingly, it is recommended that the application be refused.

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. Information For the Council/Committee to note.

DELEGATION:

While the Administration has delegation to make a decision in accordance with cl.9.2.1 of the Town's Delegation Register, it is considered that Council should consider the application to ensure consistent decision making in determining similar future development applications in the area.

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BACKGROUND:

Address: Lot 345 (No.59) Oban Road, City Beach Report Date: 17 March 2020 File Reference: DA19/0301 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Coordinator Statutory Planning, Andrew Bratley Reporting Officer Interest: Nil Attachments: 1. Location Plan (1 page) 2. Development Plans (10 pages) 3. Site Photos (2 pages) 4. Annotated Site Plan (1 page) 5. Heritage advice dated 21 February 2020 (3 pages) 6. Applicant’s justification (6 pages)

Applicant: State of Kin Pty Ltd Owner: Mr T Childs and Mrs J Childs Zoning: Residential R12.5 Precinct: P1: City Beach Development Description: Additions to Existing Single Dwelling Development Value: $500,000 Existing Land Use: Dwelling – Single Proposed Land Use: Dwelling - Single Land Area: 947m2 Heritage Listing: Nil Application Date: 16 October 2019 Application Process Days: 153 days (Applicant consented to a time extension)

DETAILS:

Site Context

The subject property and those nearby contain single dwellings. The topography of the land falls slightly towards the west. The finished ground level on the subject property is approximately 1m lower than the property to the east.

The dwelling on the subject property is a Category 4 on the Town’s Municipal Heritage Inventory (MHI) due to the building having some aesthetic value and for its association with the prominent architect Iwan Nickolow. A Category 4 under the MHI means:

“Little significance. Contributes to the understanding of the history of the Town of Cambridge. Photographically record prior to major development or demolition. Recognise and interpret the site if possible.”

Proposal

By way of summary the following is proposed:

• An existing garage is proposed to be extended to adjoin the eastern lot boundary (nil setback) in lieu of a 1m side setback. • The proposed extension to the garage is to allow for 2 cars to park inside. Currently, this is not possible due to its internal dimensions not meeting the applicable Australian Standards. • A wall for an alfresco area is proposed to be constructed towards the rear of the dwelling, set back 1.2m in lieu of 1.5m from the eastern lot boundary.

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• A verandah is proposed to be constructed at the front of the dwelling, set back 1.4m in lieu of 1.7m from the western lot boundary. • A pool house and work-out building are proposed adjacent to an existing swimming pool, the proposed building is to be set back between 0.6m and 1.1m from the rear lot boundary. • The pool house and work-out building are proposed to be approximately 62m2 in floor area. • Internal alterations to the dwelling are also proposed however, these do not require development approval. By way of justification the applicant has advised the following:

“The existing dwelling at No. 59 Oban Road, known as the “Booth House”, was designed by well-renowned architect Iwan Iwanoff in 1970. The intention of the proposed alterations and additions is to respect and honour Iwanoff’s design, by restoring some key elements which have been lost over time through renovations, and to incorporate notable design elements drawing from Iwanoff’s other dwellings in Perth, whilst creating a modern and functional family home.

Renovations were completed to the dwelling in the early 2000s which resulted in significant demolition of the internal walls of the original dwelling. The proposed design attempts to rectify these changes, and includes changes to existing internal walls of the dwelling and front and rear external facades where modifications have occurred, as well as the construction of internal walls and additions to the dwelling.”

CONSULTATION:

Public Consultation

Plans originally received proposed the pool house and work-out building to have a nil setback from the rear lot boundary. In addition to the above, the side lot boundary setbacks to the verandah, garage and alfresco wall were proposed to be reduced. These plans were advertised in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

No submissions were received during the public consultation period.

Subsequently, amended plans were received which show the pool house and work-out building being set back between 0.6m and 1.1m from the rear lot boundary, and the reduced side lot boundary setbacks still being proposed. These plans were not advertised for comment and are the ones being presented to Council for consideration.

Referral to Heritage Consultant

The Town sought comment from a Heritage Consultant due to the property being included on the MHI and the following was advised. Refer to attachment 5 for a full copy of the advice received.

Due to the property being included on the Town’s Municipal Heritage Inventory, if Council resolves to approve the application it is recommended that a condition be included requiring photographs of the existing building be taken prior to any work commencing. The photographs are to then to be provided to the Town for its records.

APPLICANT'S COMMENTS:

The applicant has provided comments in support of those aspects of the application that do not meet the relevant deemed-to-comply requirements. These comments are attached to this Report (refer to attachment 6).

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STATUTORY ASSESSMENT:

State Planning Policy 7.3 - Residential Design Codes Volume 1

5.1.3 Lot boundary setback Deemed-to-comply Requirement Proposed Alfresco wall – Eastern lot 1.5m 1.2m boundary Verandah – West lot boundary 1.7m 1.4m Garage – Eastern lot boundary 1m Nil Pool house and work-out 6m Between 0.6m and 1.1m building – Southern lot boundary Design Principles (of R-Codes): P3.1 Buildings set back from lot boundaries or adjacent buildings on the same lot so as to: • reduce impacts of building bulk on adjoining properties; • provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and • minimise the extent of overlooking and resultant loss of privacy on adjoining properties.

P3.2 Buildings built up to boundaries (other than the street boundary) where this: • Makes more effective use of space for the enhanced privacy for the occupant/s or outdoor living areas; • Does not compromise the design principle contained in clause 5.1.3 P3.1; • Does not have any adverse impact on the amenity of the adjoining property; • Ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and • Positively contributes to the prevailing or future development context and streetscape.

Design Principles Assessment

Alfresco Wall and Verandah

• The setback variation for the alfresco wall is to a dividing fencing which is approximately 2.7m high above the finished ground level on the subject property, whereas dividing fencing of approximately 1.8m in height exists along the western lot boundary, this reduces impacts of building bulk and overshadowing onto the adjoining properties. • The reduced setbacks do not cause any overlooking into the adjoining properties and no undue amount of overshadowing to the adjoining east and west lots. • The setback variations are considered to be minor and maintain the open appearance of the local area.

For the above reasons, the proposed setbacks of the alfresco wall and verandah are considered to meet the associated design principles.

Garage

• The prevailing development within the local area comprises of garages and carports set back a compliant distance from side lot boundaries. • It is, however, considered that the proposed reduced side setback will not maintain the openness of the streetscape, will not provide open space between buildings and boundaries, and will not positively contribute to the prevailing or future development context and streetscape due to being built up to the lot boundary. Supporting such a variation would likely lead to similar applications in the future which would detrimentally impact the desired streetscape.

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• Based on heritage advice obtained by the Town the existing house was designed by the Architect Iwan Iwanoff, and whilst some of his houses are of exceptional or considerable heritage value the subject property has been altered and no longer represents the place as it was designed, hence the lower level of significance. Therefore the opportunity exists for internal alterations to be made to the house to allow for the garage to be extended into the existing building to allow for the garage to be setback a compliant distance from the side lot boundary.

For the above reasons, the proposed side lot boundary setback of the garage is not considered to meet the associated design principles.

Pool House and Work-Out Building

• The proposed location of the pool house and work-out building makes more effective use of space for the outdoor living area as it is located between an existing swimming pool and a landscaped area (which is to remain) along the rear lot boundary, and existing landscaping and dividing fencing along the rear lot boundary will assist with minimising the impacts of building bulk to the southern adjoining property. • However, the location of the habitable building within the rear setback area is not consistent with the area’s character which generally consists of habitable buildings being setback at least 6m from the rear lot boundary. Therefore the proposed building does not positively contribute to the prevailing or future development context. • The walls facing the rear lot boundary are proposed to be up to 2.7m in height above natural ground level and will be up to 0.9m higher than the rear dividing fencing, therefore it will present building bulk to the outdoor living area on the adjoining property to the south. • It is acknowledged that the R-Codes allow for outbuildings of up to 60m2 and up to 2.4m in wall height to be constructed as close as 1m from a side and rear lot boundary however, the proposed pool house and work-out building are to be larger and closer than this. • The lot is not irregular in shape and is not under sized for its density coding, therefore if the existing swimming pool was removed, relocated or was significantly reduced in size there would be an ample amount of space available to have the building setback a compliant distance from the rear lot boundary.

For the above reasons, the proposed setback of the pool house and work-out building is not considered to meet the associated design principles.

CONCLUSION:

The proposed lot boundary setbacks of the alfresco wall and verandah are considered to satisfy the associated design principles. However, the garage boundary wall will not maintain the open appearance of the existing streetscape, and the reduced side and rear lot boundary setbacks will not be consistent with the prevailing character of the local area.

For these reasons, it is recommended that the application be refused.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 7.3 - Residential Design Codes Volume 1 • Local Planning Policies

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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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

Committee Meeting 17 March 2020

Prior to consideration of the item, in accordance with Policy No. 1.1.11 – Elected Member Relationship with Developers, Mayor Shannon declared that she had contact with Urbanista Town Planning representing the owner.

COMMITTEE DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme, Council REFUSES the application for additions to the existing single dwelling at Lot 345 (No.59) Oban Road, City Beach, as shown on the attached plans stamped received 13 February 2020, for the following reasons:

1. The proposal does not satisfy the design principles of Provision 5.1.3 - Lot boundary setback of State Planning Policy 7.3 - Residential Design Codes Volume 1 as the garage boundary wall will not positively contribute to the prevailing or future development context and streetscape;

2. The proposal does not satisfy the design principles of Provision 5.1.3 - Lot boundary setback of State Planning Policy 7.3 - Residential Design Codes Volume 1 as the reduced rear setback of the work-out building and the pool house will result in building bulk which does not positively contribute to the prevailing or future development context;

3. Having due consideration of sub-clauses 67(b), (m) and (n) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the proposed additions are not compatible with their setting as having a garage built up to the side lot boundary results in an interface that is not compatible with the streetscape. In addition to this, a building of this scale and setback within the rear setback area is not consistent with surrounding development within the locality. These additions are therefore not consistent with the orderly and proper planning of the locality or desired future character of the area;

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4. The proposal is not considered to meet the intent of the City Beach Precinct Policy (the Town's Local Planning Policy 2.1) as it is not in keeping with the existing local development context as the reduced lot boundary setbacks will have an adverse impact on the local amenity and will set an undesirable precedent;

5. The proposal is not considered to meet the desired future character under the draft Local Planning Policy 3.1 – Streetscape as the reduced lot boundary setbacks will not maintain the traditional street setbacks and separation between buildings, to preserve the original open nature of the City Beach precinct’s layout; and

6. The approval of the proposal will establish a precedent which may be considered in future planning decisions, which could result in a significant impact on the Oban Road Streetscape, and as such, is not consistent with orderly and proper planning.

Motion put and CARRIED (5/0)

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DV20.24 LOT 566 (NO. 14) ALKOOMIE TERRACE, CITY BEACH – EXTENSION TO TERM OF DEVELOPMENT APPROVAL 0024DA-2018 FOR TWO STOREY DWELLING WITH LOFT

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application to extend the term of approval for a two storey dwelling with loft to 29 September 2020.

SUMMARY:

On 29 March 2018, a development application for a two storey dwelling with loft was approved under delegated authority. That approval will lapse on 29 March 2020.

The Town received a request to extend the term of approval on 19 November 2019. In this case, it is considered the subject application meets the criteria to extend the term of approval of the Town’s Local Planning Policy 1.4 - Amendment and Extension to the Term of Development Approval.

Accordingly, it is recommended that the subject 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. Information For the Council/Committee to note.

DELEGATION:

In this instance, it is not considered appropriate for the Administration’s delegation to be exercised, due to other issues related to the property requiring Council determination. These other issues will be considered at the March Community and Resources meeting.

BACKGROUND:

Address: Lot 566 (No. 14) Alkoomie Terrace, City Beach Report Date: 24 March 2020 File Reference: DA19/0346 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Statutory Planning Officer, Mackenzie Walmsley Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Approved Development Plans (6 pages)

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Applicant: Ronnie Nardizzi Owner: Gabriela Barbosa Wada Zoning: Residential R30/R40 – Special Control Area 1 Precinct: "P1: City Beach" Development Description: Extension to Term of Approval 0024DA-2018 for Two Storey Dwelling with Loft Development Value: $700 000 Existing Land Use: Vacant Proposed Land Use: Single Dwelling – ‘P’ (Permitted) Land Area: 225m2 Heritage Listing: No Application Received Date: 19 November 2019 Application Process Days: 106 days

DETAILS:

Site History

The Town of Cambridge created a subdivision plan called Ocean Mia consisting of 66 single residential lots on the corner of Kalinda Drive and The Boulevard in City Beach. At the time of writing, three lots in total are still vacant, including the subject site.

Site Context

The site is bound to the north by Akama lane, south by Alkoomie Terrace, east by Omaroo Terrace and Bimbimbie Lane.

The subject site is located within the Ocean Mia Estate and is subject to assessment under the Ocean Mia Guidelines and the Residential Design Codes. The Ocean Mia Estate is currently characterised by two-storey dwellings.

Application History

Previous Development - 0149DA-2016:

Determination Date Determination Details 25 October 2016 Council at its meeting deferred the item back to Development Committee for further consideration. 20 December 2016 In accordance with Council’s decision dated 25 October 2016, the item was reconsidered with revised plans. Council at its meeting refused a development application for a proposed Three Storey Dwelling. 11 September 2017 The applicant referred Council’s 20 December 2016 refusal to the State Administrative Tribunal (SAT) for review (Ref: SAT DR20/2017).

The SAT concluded that the proposed building was not in the form, scale and appearance sought by the Ocean Mia Design Guidelines and consequently affirmed the Council’s decision to refuse the application, dismissing the application for review.

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Subject Development - 0024DA-2018

Determination Date Determination Details 29 March 2018 Following the 11 September 2017 SAT dismissal, the applicant submitted a new application 0024DA-2018 that proposed a Two Storey Dwelling with Loft, as shown in Attachment 2.

Administration considered that the bulk and scale of the proposed dwelling in comparison to the previous application was considered to have significantly reduced.

On 29 March 2018, Administration approved the development, subject to conditions. That approval will lapse 29 March 2020.

The major difference between the 2018 approval and 2016 refusal is the second storey. The 2016 refusal was three storey from all elevations while the 2018 approval appears as a two storey with loft. In comparison, the 2016 application second storey was more than 124sqm in area, while the 2018 application changed this to a loft and reduced the floor size to 58sqm. The ground and first floor are relatively similar between applications with minor alterations to internal room locations.

Proposal

The subject application seeks to extend the term of approval to 29 September 2020.

STATUTORY ASSESSMENT:

Local Planning Policy 1.4 – Amendment and Extension to the Term of Development Approval:

Clause 2

In considering the subject application to extend the term of development approval, Council is to have regard to the following four factors:

• Whether or not the planning framework has changed substantially since the development approval to which the extension application was granted; • Whether in granting the planning approval, a discretion was exercised in relation to the Scheme or policy requirements; • Whether the applicant has actively and relatively conscientiously pursued implementation of the approved development; and • Whether a material change has occurred to either the site to which the development approval relates or the surrounding locality since the development approval was granted.

An assessment of the proposed extension of the term of development approval against each of the above four considerations are provided below:

1. Whether or not the planning framework has changed substantially since the development approval to which the extension application was granted:

When the application was originally approved on 29 March 2018, the relevant planning framework consisted of:

• Planning and Development (Local Planning Schemes) Regulations 2015; • Town Planning Scheme No.1; • State Planning Policy 3.1 – Residential Design Codes; • Ocean Mia Design Guidelines; and • Local Planning Policy 6.1– Precinct P1 City Beach.

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The table below provides a comparison of the relevant provisions of the planning framework when the original approval was granted on 29 March 2018 and current:

29 March 2018 Current Planning Town Planning Scheme No. 1 Local Planning Scheme No. 1 Scheme Zone: In relevance to this application, The subject site is zoned ‘Residential’ under TPS1. there has been no change to the zone, land use, Special Control Special Control Area: Area and/or development Identified in the Special Control Area No. 1 – Kalinda standards of the site. Development Area.

Land Use: Dwelling (Single) is a ‘P’ (Permitted) use in the ‘Residential’ zone in thee TPS1 Zoning Table.

‘P’ means that the use is permitted if it complies with any relevant development standards and requirements of this Scheme.

Residential State Planning Policy 3.1 – Residential Design State Planning Policy 7.3 – Design Codes Residential Design Codes Codes Volume 1 The application sought and had approved variations No change to deemed-to- to the deemed-to-comply Visual Privacy minimum comply Visual Privacy minimum setbacks relating to the balcony and lounge window. setbacks. It was considered by the assessing officer at the time that the variations could be supported against the relevant design principles.

Design Ocean Mia Design Guidelines Ocean Mia Design Guidelines Guidelines The application was approved with no variations to No change to deemed-to- the deemed-to-comply provisions of the Ocean Mia comply provisions. Guidelines. Local Local Planning Policy 6.1 – Precinct P1 City Local Planning Policy 2.1: Planning Beach Precinct P1: City Beach Policy The application was approved with no variations to No changes to deemed-to- the deemed-to-comply provisions. comply development standards.

Since the original approval was granted, the following legislation and local planning policy came into effect and formed part of the planning framework:

• Planning and Development (Local Planning Schemes) Regulations 2015; and • Local Planning Policy 1.4 – Amendment and Extension to the term of Development Approval. Planning and Development (Local Planning Schemes) Regulations 2015

Clause 77(1)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 introduced a provision that allows a landowner to make an application to extend the term of a development approval.

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Local Planning Policy 1.4 – Amendment and Extension to the term of Development Approval

The Town’s Local Planning Policy 1.4 – Amendment and Extension to the Term of Development Approval (LPP1.4) established four factors in respect to determining an application to extend the term of the development approval. This policy was adopted by Council at its meeting on 28 August 2018, formally known as Local Planning Policy 2.8.

In summary, the only relevant changes to the planning framework since the development was originally approved are the addition of provisions that allow the applicant to apply for an extension to the term of development approval as well as four factors the decision maker should consider in determining if an extension to the term of approval is appropriate.

2. Whether in granting the planning approval, a discretion was exercised in relation to the Scheme or policy requirements:

At the time of the approval, Administration exercised its discretion in approving the variation to the deemed-to-comply provisions with respect to Residential Design Codes Visual Privacy setbacks. An assessment against the appropriate design principles was undertaken by Administration.

3. Whether the applicant has actively and relatively conscientiously pursued implementation of the approved development:

The applicant has provided comments in support of the proposed extension to the approval period, which is quoted as follows:

“Please note that we have spent the better part of the last 12 months organising 3D visualisations, interior designs, engineering, certification and associated reports for the build (all of which have now been prepared) and negotiating with various builders.

We have now selected our preferred builder (from an initial list of eight potential builders) and are currently finalising the building contract and associated mortgage documentation with our bank.

Prior to this, we experienced substantial delays due to a SAT appeal and subsequent re-design following those proceedings. Fortunately, all of that is behind us now and we intend on commencing building as soon as possible.

While we are close to applying for a building licence, renewing the Development Approval is a cautionary measure in case we are delayed for some unforeseen reason. Once again, it is our intention to commence building as soon as possible.”

The applicant provides the following overview of the activities undertaken to progress the development:

• Three development applications lodged with the Town over a six year period upon acquisition of land; • Experienced timing delays as result of original application being deferred to later council, consequently refused and dismissed at SAT and re-submitting a new development application; • Prepared 3D visualisations, interior designs, engineering, and certification and associated reports for building permit implementation; and • Liaised with eight different builders and selected preferred builder.

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As the proposal is only requesting a six month extension and the building permit appears imminent, on balance the applicant and landowner are considered to have actively and relatively conscientiously pursued implementation of the approved development.

4. Whether a material change has occurred to either the site to which the development approval relates or the surrounding locality since the development approval was granted.

There has been no material change to the site since the original approval was granted on 29 March 2018. There has been no material change to the surrounding locality that would impact the consideration of the development.

CONCLUSION:

Given the above assessment, the proposal is considered to meet the criteria to extend the term of development approval of Local Planning Policy 1.4 – Amendment and Extension to the Term of Development Approval.

On the above basis, it is recommended that the application to extent the term of approval to 29 September 2020 be approved.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 7.3 - Residential Design Codes Volume 1 • Local Planning Policies

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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

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COMMITTEE DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme, Council APPROVES the application for ‘Extension to Term of Development Approval 0024DA-2018 for Two Storey Dwelling with Loft’ at Lot 566 (No. 14) Alkoomie Terrace, City Beach, subject to the following conditions:

1. The term of development approval is extended to 29 September 2020; and

2. All conditions and advice notes on the original approval dated 29 March 2018 continue to apply.

Non Standard Advice Note:

1. If the development the subject of this approval is not substantially commenced by 29 September 2020, the approval will lapse and be of no further effect. Where an approval has so lapsed, no development shall be carried out without further approval of the Town having first been sought and obtained.

Motion put and CARRIED (5/0)

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DV20.25 LOT 100 (NO. 28) KINGSLAND AVENUE, CITY BEACH - ALTERATIONS/ADDITIONS TO EXISTING TWO-STOREY DWELLING

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for alterations/additions to the existing dwelling.

SUMMARY:

With respect to the proposed two-storey extension, the application does not meet the deemed- to-comply requirement of the R-Codes for building height and does not meet the solar reflectivity requirements of Local Planning Policy 3.1 - Streetscape and Local Law 43 - Buildings on Endowment Lands & Limekilns Estate as the roof is to be in the Colorbond “surfmist” colour.

The roof material variation is supported as it will match the existing roof of the dwelling, which was approved seven years ago in 2013. However, in relation to building height, it is considered that the application does not meet the associated design principles as the height of the two-storey extension will present an increased amount of building bulk to the street and the abutting eastern lot, which is not compatible with surrounding development within the locality and is inconsistent with orderly and proper planning of the locality.

Accordingly, it is recommended that the application be refused.

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. Information For the Council/Committee to note.

DELEGATION:

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

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BACKGROUND:

Address: Lot 100 (No. 28) Kingsland Avenue, City Beach Report Date: 17 March 2020 File Reference: DA19/0282 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Senior Statutory Planning Officer, Ryan Munyard Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2 Development Plans (5 pages) 3. Annotated Development Plans (1 page) 4. Site Photos (1 page) 5. Applicant's Comments (22 pages)

Applicant: Willis Design Group Pty Ltd Owner: John Pearce and Rosemary Pearce Zoning: Residential R12.5 Precinct: P1: City Beach Development Description: Alterations/Additions to Existing Two-storey Dwelling Development Value: $80,000 Existing Land Use: Dwelling (Single) Proposed Land Use: Dwelling (Single) Land Area: 1,148m2 Heritage Listing: No Application Date: 1 October 2019 Application Process Days: 139 days

DETAILS:

Site History

The relevant approvals history of the existing dwelling is outlined below:

• In February 2013, approval was granted for the existing two-storey dwelling on the site. • At its 25 September 2018 Meeting, Council resolved to approve an extension to the first floor (to include an office and study). The roof colour of this extension was approved with Colorbond “surfmist”. • Between May and July 2019, two amendments to the dwelling were approved, which included additional wall height to the first floor extension (ie. the 25 September 2018 approval) as well as the relocation of some windows respectively.

The applicant advises that with the exception of the original 2013 dwelling approval, none of the other approvals have been enacted.

Site Context

The site is located at the north-east corner of the intersection of Kingsland Avenue and Elouera Way and is approximately 200m east of Fred Burton Park.

The property is generally rectangular in shape and the natural topography of the site slopes upwards from the road to the rear of the site by approximately 8.5m. The site currently contains a two-storey dwelling and associated garage and front fence, which also serves a retaining wall function. This has raised portions of the front yard above the corresponding natural ground level by approximately 1.6m.

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

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Application History

During the assessment of the application, additional information and amended plans were provided by the applicant. A summary of these changes is as follows:

• 5 December 2019 - Additional information to confirm roof ridge heights, construction materials of the dwelling (rendered double brick) and FFL discrepancies. • 31 January 2020 - Amended plans adding a ground floor garage store, removal of a carport near the eastern side boundary and reduction in the extent of the first floor extension (where it faces the street and eastern side boundary). • 19 February 2020 - Amended plans further reducing the extent of the first floor extension (where it faces the street and eastern side boundary).

Proposal

The application proposes alterations/additions to the existing two-storey dwelling. This involves a ground floor garage store addition and an extension to the existing first floor.

The two-storey extension is to contain metal roof sheeting in the Colorbond “surfmist” colour to match the existing roof of the dwelling.

At the highest point above the corresponding natural ground level, the extension proposes a wall height of approximately 7.8m in lieu of 6m. A ridge height of approximately 9.8m in lieu of 9.5m is also proposed

CONSULTATION:

Public Consultation

The application was advertised for a period of 28 days over the Christmas/New Year period in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

No submissions were received during the public consultation period.

APPLICANT'S COMMENTS:

The applicant has provided comments in support of those aspects of the application that do not meet the relevant deemed-to-comply requirements. These comments are attached to this Report (refer Attachment 5).

STATUTORY ASSESSMENT:

State Planning Policy 7.3 - Residential Design Codes Volume 1 / Local Planning Policies

The proposed alterations/additions include a ground floor store room addition to the existing garage. In this regard, this store addition meets the relevant deemed-to-comply requirements with respect to lot boundary setbacks and building height (as it is only single-storey). Accordingly, its assessment is not detailed in the below design principles consideration and the Town has no concerns regarding this component of the development.

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5.1.6 Building height Deemed-to-comply Requirement Proposed Top of external wall 6m Approximately 7.8m (roof above) (at highest point, to south-east corner of meals room) (*) Top of pitched roof 9m Ridge height of approximately 9.8m (at highest point above corresponding NGL) (*) Design Principles (of R-Codes): "Building height that creates no adverse impact on the amenity of adjoining properties or the streetscape, including road reserves and public open space reserves; and where appropriate maintains: • adequate access to direct sun into buildings and appurtenant open spaces; • adequate daylight to major openings into habitable rooms; and • access to views of significance".

In addition, the following considerations of Local Planning Policy 3.3 - Building Height (LPP 3.3) are applicable: a) "Whether the proposed building height is consistent with the predominant building height of the buildings within the surrounding area; and b) The natural topography of the site and whether the proposed building height considers and responds to the topography".

(*) N.B: Only those over height wall and roof portions the subject of this application (ie. not already approved by a previous determination) are indicated on the attached annotated development plans (refer Attachment 3).

Design Principles Assessment

• The natural topography of the site slopes upwards from the road to the rear of the site by approximately 8.5m. • The proposed two-storey extension is to be located within the existing footprint, towards the eastern side of the dwelling, between a NGL of approximately 16.7AHD and 16.9AHD (in comparison the street level is approximately 15.5AHD, at its highest point where it abuts the site). • With respect to site levels, although the high point of the property is approximately 22AHD at the rear of the site, the proposed two-storey extension will nonetheless be situated on the prominent middle portion of the site, which will be visible from part of Kingsland Avenue and in particular, to the abutting eastern lot, No. 26. Kingsland Avenue. It is considered that this impact is exacerbated by the subject site being located on the north-east corner of the Kingsland Avenue/Elouera Way intersection, which itself represents a high point in the topography of the immediate locality. • The existing streetscape currently contains a mix of single and two-storey dwellings, with the abutting eastern lot being single-storey and the abutting western lot, No. 17 Elouera Way being single-storey with an undercroft garage. • The extension on the first floor would present approximately 8m2 of additional building bulk closer to the eastern side boundary that what was previously approved. • The proposed over height portions are two mostly solid sections of walls (as opposed to a light weight structures, such as a balcony) with minimal glazing to assist in minimising building bulk and, furthermore, is broadly over height by a similar portion across the eastern elevation of the two-storey extension (refer Attachment 3).

Applicant's Comments (refer Attachment 5) The applicant suggests that the proposed wall heights will not have a negative impact on the streetscape or neighbouring properties. That is on the basis of the architectural style complimenting the existing home, the proposed side boundary setbacks (which exceed the relevant deemed-to-comply requirements), minimal number of major openings to abutting lots (to minimise visual privacy concerns) and the northern orientation of the site, which results in no

MINUTES - DEVELOPMENT COMMITTEE - 17 MARCH 2020 78 DEVELOPMENT COMMITTEE TUESDAY 17 MARCH 2020 overshadowing impacts to neighbours. With respect to the above, it is noted that these abovementioned aspects meet the relevant deemed-to-comply requirements of the R-Codes.

On balance, however, it is considered that the amount of additional wall height (as a result of the additional first floor extension will result in an undue amount of building bulk being presented to the street and the abutting eastern lot, No. 26 Kingsland Avenue. This is due to the visibility of the over height wall portions from the street and the development not responding to the natural topography of the site (due to the extension being located over the “high point” of the site).

For the above reasons, the application is considered to not meet the associated design principles. Accordingly, the application is unacceptable from a building height perspective.

In terms of the approvals history of the site, it is acknowledged that previous determinations endorsed wall height portions that exceeded the relevant deemed-to-comply requirements. However, these determinations were made prior to both the Town having formally established its position with respect to calculating natural ground levels (and corresponding wall and ridge heights) for sites and adopting draft Local Planning Policy 3.24 - Determining Natural Ground Levels for the purpose of advertising. These existing approvals were also for extensions to the first floor which were set back further from the eastern side boundary that the subject application. The proposal now, will exacerbate the height of the building as the proposed extension is further forward and more dominant in the streetscape.

In this regard, it is accepted that the applicant still has the ability to enact the May and July 2019 amended approvals, which are currently valid, if the subject application is approved.

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

Clause 8 General Regulation Proposed Roof materials All buildings shall be roofed with The roof is to be Colorbond materials constructed of terracotta, “surfmist” in colour which is concrete, slate, metal or other considered to exceed a 40% incombustible material approved by solar reflectivity index. the Council provided that metal roofs with a pitch of more than 5° shall not be constructed with metal sheeting having a solar reflectivity index exceeding 40% unless approved by the Council. Clause 2B "In a residential district the Council may permit land to be developed subject to such conditions as the Council deems fit:– a) for use for a purpose which is not permitted in that district; b) notwithstanding that the developments will not comply with the standard or requirement prescribed by this by-law in that district.

if the Council is satisfied by an absolute majority that:– i) the development would be consistent with the orderly and proper planning of the locality and the preservation of its amenities; and ii) the use to be made of the land and the non-compliance with the prescribed standard or requirement will not have any adverse effect upon the occupiers or users of the development or the property in or the inhabitants of the locality or the likely future development of the locality".

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Assessment

• The Colorbond “surfmist” coloured roof will match the material and shade of colour of the roof of the existing dwelling, which was originally approved in 2013. This consistency will assist in minimising any visual concerns of the “surfmist” colour. • It is understood that there has been no recent documented complaints with respect to solar reflectivity from the roof of No. 28 Kingsland Avenue.

For the above reasons, the application is considered to meet Clause 2B of Local Law 43 as the “surmist” coloured roof will match the roof colour of the existing dwelling, therefore providing a uniform presentation to the streetscape and surrounding properties.

CONCLUSION:

The additional building height will result in an adverse impact on the amenity of the street. This is due to the visibility of the over height wall portions which will be visible from portions of Kingsland Avenue, resulting in additional building bulk being presented to the street.

Based on the above, it is recommended that the application be refused.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 7.3 - Residential Design Codes Volume 1 • Local Planning Policies • Local Law 43 - Buildings on Endowment Lands & Limekilns Estate

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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme and the provisions of Local Law 43 - Buildings on Endowment Lands & Limekilns Estate, Council REFUSES the application for Alterations/Additions to Existing Two-storey Dwelling at Lot 100 (No. 28) Kingsland Avenue, City Beach, as shown on the attached plans stamped received 19 February 2020, for the following reasons:

1. The development does not satisfy the design principles of Provision 5.1.6 - Building height of State Planning Policy 7.3 - Residential Design Codes Volume 1 as the height of the two-storey extension will present an undue amount of building bulk that will be visible from the street as well as the abutting eastern lot, No. 26 Kingsland Avenue;

2. The development does not satisfy the matters for consideration of Local Planning Policy 3.3 - Building Height as the height of the two-storey extension does not consider and respond to the topography of the site; and

3. Having due consideration of sub-clauses 67(b), (m) and (n) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the two- storey extension is not compatible with its setting as the additional building height will result in a building bulk impact which is not compatible with the streetscape and surrounding development within the locality. This is not consistent with the orderly and proper planning of the locality or desired future character of the area.

Nil Advice Notes.

Motion put and CARRIED (5/0)

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DV20.26 LOT 180 (NO. 305) SALVADO ROAD, FLOREAT – PROPOSED OUTBUILDING (SHED)

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for an outbuilding located behind the garage of the existing dwelling adjoining the western lot boundary.

SUMMARY

The application does not meet the deemed-to-comply requirements of the R-Codes for the western lot boundary setback and does not meet the requirements of Local Law 43 - Buildings on Endowment Lands & Limekilns Estate as the outbuilding is to be constructed of colorbond material and does not comply with outbuilding requirements in regards to maximum floor area, roof pitch, and location.

It is considered that the proposed reduced side setback of the outbuilding does not meet the applicable design principles and the desired future character of the area.

Accordingly, it is recommended that the application be refused.

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. Information For the Council/Committee to note.

DELEGATION:

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

BACKGROUND:

Address: Lot 180 (No. 305) Salvado Road, Floreat Report Date: 17 March 2020 File Reference: DA19/0366 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Senior Statutory Planning Officer, Karen Liddell Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development Plans (2 pages) 3. Site Photos (2 pages) 4. Applicant's Comments (1 pages)

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Applicant: Profounder Factory Direct Pty Ltd Owner: Steven Little and Lisa Little Zoning: Residential R12.5 Precinct: P3: Floreat Development Description: Outbuilding Development Value: $4,909 Existing Land Use: Dwelling (Single) Proposed Land Use: Dwelling (Single) Land Area: 984m2 Heritage Listing: No Application Date: 28 November 2019 Application Process Days: 110 days (20 day time extension agreed to by the applicant)

DETAILS:

Site Context

The subject property and those nearby contain single and two-storey dwellings. The topography of the land has a fall of approximately 2.4m from the south-east corner (rear) to the north-west (primary street) corner. The finished ground level on the subject property is between 0.3m - 0.6m higher than the property to the west.

The site currently contains a two-storey dwelling and has an existing shed (outbuilding) in the location of the proposed outbuilding. A review of the Town’s records indicates that the existing shed is an unauthorised structure that does not have approval.

Application History

During the assessment of the application, the applicant provided additional information to justify the side setback variation being sought. A copy of that justification is provided in Attachment 4 – Applicant’s Comments.

Proposal

The application proposes an outbuilding to be located behind the existing garage of the dwelling, along the western lot boundary. The outbuilding (shed) is considered to be significant in size with dimensions comparable to that of a single car garage (3.05m x 5.370m). The materials of construction are Colorbond in the Colorbond “Monument” colour.

By way of summary the following is proposed:

• An outbuilding is proposed to adjoin the western lot boundary (nil setback) in lieu of a 1m side setback; • The outbuilding is proposed: 2 2 o to have a floor area of 16.38 m in lieu of 12m ; o with a pitched roof in lieu of a skillion roof; and o to be located at the side of the dwelling in lieu of the rear of the existing dwelling.

CONSULTATION:

Public Consultation

The application was advertised for a period of 14 days in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

No submissions were received during the public consultation period.

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APPLICANT'S COMMENTS:

The applicant has provided comments in support of those aspects of the application that do not meet the relevant deemed-to-comply requirements, namely the proposed location and setback variation. These comments are attached to this Report (refer Attachment 4).

STATUTORY ASSESSMENT:

State Planning Policy 7.3 - Residential Design Codes Volume 1 / Local Planning Policies

5.1.3 Lot boundary setback Deemed-to-comply Requirement Proposed Outbuilding – western lot 1m Nil boundary Design Principles (of R-Codes): “P3.1 Buildings set back from lot boundaries or adjacent buildings on the same lot so as to: • reduce impacts of building bulk on adjoining properties; • provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and • minimise the extent of overlooking and resultant loss of privacy on adjoining properties.

P3.2 Buildings built up to boundaries (other than the street boundary) where this: • Makes more effective use of space for the enhanced privacy for the occupant/s or outdoor living areas; • Does not compromise the design principle contained in clause 5.1.3 P3.1; • Does not have any adverse impact on the amenity of the adjoining property; • Ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and • Positively contributes to the prevailing or future development context and streetscape.”

Design Principles Assessment

• The reduced side setback will not positively contribute to the prevailing or future development character due to it being built up to the lot boundary. • The area of the subject lot being 983m2, provides adequate space to accommodate the required 1m side boundary setback, and/or locate the outbuilding at the rear of the existing dwelling in accordance with Local Planning Policy 3.21 – Local Law 43. • Whilst the reduced setback may not have any significant adverse impact on the adjoining property in regards to amenity or reduction in direct sun to habitable rooms and outdoor living spaces, it is considered the reduced setback would detrimentally impact the desired character which is to preserve separation between buildings and boundary, and the original open nature and garden quality that the precinct was designed for. The location of the outbuilding at nil setback would likely lead to similar applications for nil setback in the future which would incrementally change the character of the area over time.

For the above reasons, the proposed side lot boundary setback of the outbuilding is not considered to meet the associated design principles.

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

Clause 8(A) General Regulation Proposed Outbuildings Notwithstanding any other provisions of this Local Law one outbuilding of temporary construction for use as a garden shed or similar storage purpose may be erected on each lot provided;- (i) its floor does not exceed 12 square metres and its height does not exceed 2.4 metres; (ii) it has a skiIIion roof; (iii) the external wall sheeting and roof material does not have a solar reflectivity index greater than 40%; (iv) it is located at the rear of the existing dwelling as follows:- (a) where the lot has a frontage only to one street by projecting a line from along the rear of the existing dwelling and extending to the side boundaries of the lot; (b) where the lot has a frontage to more than one street a further line, in addition to (a) above, shall be projected from along the side of the existing dwelling nearest the street other than the street which such dwelling faces and extended to the rear boundary of the lot. Clause 2B "In a residential district the Council may permit land to be developed subject to such conditions as the Council deems fit:– a) for use for a purpose which is not permitted in that district; b) notwithstanding that the developments will not comply with the standard or requirement prescribed by this by-law in that district.

if the Council is satisfied by an absolute majority that:– i) the development would be consistent with the orderly and proper planning of the locality and the preservation of its amenities; and ii) the use to be made of the land and the non-compliance with the prescribed standard or requirement will not have any adverse effect upon the occupiers or users of the development or the property in or the inhabitants of the locality or the likely future development of the locality.

Outbuildings Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties.”

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Assessment

• The proposed outbuilding exceeds the 12m2 of floor area permitted under Local Law 43 by approximately 4.4m2. It is noted, however, that the R-Codes Clause 5.4.3 C3, allows for outbuildings to be 60m2 in area or 10% in aggregate of the site area, whichever is lesser. The proposed outbuilding meets this deemed-to-comply requirement with a proposed floor area of 16.34m2. • The outbuilding proposes a pitched roof in lieu of a skillion roof. However, as the pitch of the roof is low, less than 10 degrees, and will not project significantly above the boundary fence, the roof pitch is not considered to have a detrimental impact on the visual amenity of residents or neighbouring properties. It is noted that the R-Codes Clause 5.4.3 C3, allows for outbuildings to have a maximum ridge height of 4.2m. The proposed outbuilding meets this deemed-to-comply requirement. • The outbuilding is proposed to be located to the rear of the existing garage adjoining the western (side) lot boundary. Local Law 43 requires outbuildings to be located at the rear of the existing dwelling by projecting a line from along the rear of the existing dwelling and extending to the side boundaries of the lot. Given the substantial area of the subject site, it is considered that there is adequate space to accommodate the outbuilding to the rear of the existing dwelling. By locating the outbuilding to the rear of the dwelling the resulting nil side setback to the side boundary could also be avoided.

Notwithstanding the identified inconsistencies with Clause 8(A) (iv)(a) of Local Law 43, the outbuilding is located behind the garage of the existing dwelling so as not to be visible from, or impact on, the existing streetscape; and does not project significantly above the boundary fence so as to detrimentally impact on the visual amenity of residents or neighbouring properties. No neighbour objections were received. In relation to only these considerations, the proposed outbuilding may be acceptable in regards to Local Law 43.

However, as the outbuilding, which is significant in size, is located with a nil setback to the side lot boundary, its impact on the desired future character of the area is considered to be significant, and therefore unacceptable.

CONCLUSION:

The proposed reduced side boundary setback of the outbuilding will not be consistent with the prevailing character of the local area to preserve separation between buildings and boundaries and the original open nature and garden quality that the precinct was designed for.

It is considered that the subject site is sufficient in area to accommodate the outbuilding to the rear of the existing dwelling and with the required lot boundary setbacks.

For these reasons, it is recommended that the application be refused.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

• Metropolitan Region Scheme • Planning and Development (Local Planning Schemes) Regulations 2015 • Local Planning Scheme No. 1 • State Planning Policy 7.3 - Residential Design Codes Volume 1 • Local Planning Policies • Local Law 43 - Buildings on Endowment Lands & Limekilns Estate

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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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That, in accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme and the provisions of Local Law 43 - Buildings on Endowment Lands & Limekilns Estate, Council REFUSES the application for an outbuilding at Lot 180 (No. 305) Salvado Road, Floreat, as shown on the attached plans stamped received 28 November 2019 for the following reasons:

1. The proposal does not satisfy the design principles of Provision 5.1.3 - Lot boundary setback of State Planning Policy 7.3 - Residential Design Codes Volume 1 as the outbuilding wall will not positively contribute to the prevailing or future development context;

2. Having due consideration of sub-clauses 67(b), (m) and (n) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the outbuilding is not compatible with its setting as the reduced lot boundary setback is not consistent with the prevailing development or desired future character of the area;

3. The proposal is not considered to meet the intent of the Floreat Precinct Policy (the Town's Local Planning Policy 2.3) as it is not in keeping with the desired local character to preserve separation between buildings and the original open nature and garden quality that the precinct was designed for; and

4. The approval of the proposal will establish a precedent which may be considered in future planning decisions, and as such, is not consistent with orderly and proper planning.

Nil Advice Notes.

Motion put and CARRIED (5/0)

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DV20.27 DRAFT LOCAL PLANNING POLICY 3.23: TRANSPORTABLE STORAGE STRUCTURES

PURPOSE:

This report presents a new draft local planning policy for Council’s consideration and determination.

SUMMARY:

The Town has recently received enquiries and development applications related to the use of transportable storage structures on residential land. Transportable storage structures are prefabricated structures designed for the storage and/or transport of goods such as, but not limited to, a sea container, shipping container or mobile storage unit.

Past decisions of Council have refused applications for development approval related to transportable structures on residential land due to their negative impact on the character of the residential area. As such the Town has prepared Local Planning Policy 3.23 Transportable Storage Structures (Attachment 1) to assist in guiding decision making for future development applications.

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. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 24 February 2020 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Strategic Planning, Brett Cammell Contributing Officer: Strategic Planning Officer, Chris Della Bona Reporting Officer Interest: Nil Attachments: 1. Draft LPP3.23: Transportable Storage Structures

BACKGROUND:

The Town has recently received enquiries and development applications pertaining to the use of transportable storage structures on residential land as either temporary storage, or adaptively reused as an outbuildings or ancillary dwellings.

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Previously, Council has determined two applications for development approval (DV19.131 & DV19.153 - 62 St Leonards Avenue, West Leederville and DV16.101 – 24 Tilton Terrace, City Beach) involving transportable storage structures on residential land, both of which were refused, largely due to the visual impact of the transportable storage structures on the residential character of the area.

To guide the decision making process in determining future applications for development approval, the Town has prepared Local Planning Policy 3.23: Transportable Storage Structures (Attachment 1).

DETAILS:

Introduction The introduction of the draft policy highlights the necessity of the policy, outlining the industrial appearance of shipping containers, and their inappropriateness in a residential setting as permanent structures.

Application The draft policy will be applicable to all residential development in the Town.

Objectives The objectives section of the draft policy identifies the expected outcomes of the policy largely that the policy is to provide guidance for the acceptable use of transportable storage structures associated with residential development, with a specific focus on preserving residential amenity and the safety of the general public.

Definitions The draft policy provides a definition for transportable storages structures that is intentionally broad, to cover similar structures.

Provisions Previous decisions of Council have identified that transportable storage structures are not compatible with the character of residential areas. The concept that transportable storage structures are not compatible with the aesthetic of a residential area has been tested in a State Administrative Tribunal environment, in Murray and Shire of Serpentine Jarrahdale [2006] WASAT 258 the Tribunal Member outlined that “sea containers have an industrial appearance and are generally not considered appropriate structures within residential areas”.

Similarly in Evans and Shire of Roebourne [2010] WASAT 93 the Tribunal found that the “visual outlook from those streets and the adjoining residences was significantly diminished, and that the streetscape and character of the area was negatively affected by the visual prominence of the sea container”. To preserve the residential character and visual amenity in the area, the provisions in the draft LPP3.23 do not permit transportable structures to be used as permanent buildings as of right.

However, transportable storage structures are frequently used in the building process for the storage of materials or furniture. The provisions in draft LPP3.23 allow for these structures to be approved on a temporary basis, provided they meet the criteria outlined in clause 2 of draft LPP3.23. The rationale for requiring an application for development approval and not permitting these structures as of right is to allow the Town to monitor the use of these structures, and to affix appropriate conditions on the development approval to ensure the removal these structures at the expiry of the twelve month period.

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Assessment of Variations Should an application for development approval be received that does not meet the provisions of the draft LPP3.23, the proposal would need to be assessed against the objectives of the draft LPP3.23 as follows:

• To minimise the visual intrusion of structures with an industrial appearance in the residential area; • To facilitate the temporary storage of domestic items and/or materials associated with residential building activities; and • To ensure public safety when transportable storage structures are utilised in a residential area.

These objectives largely cover the concerns raised by Elected Members in the consideration of previous applications for development approval related to transportable storage structures.

In addition to these, an application for development approval proposing a variation to the provisions of draft LPP3.23 would also need to be considered against other elements of the Local Planning Framework, namely the Local Planning Scheme No. 1 zone objectives of the Residential Zone, which are as follows:

• To provide for a range of housing and a choice of residential densities to meet the needs of the community. • To facilitate and encourage high quality design, built form and streetscapes throughout residential areas. • To provide for a range of non-residential uses, which are compatible with and complimentary to residential development.

In particular, objective two seeks to preserve the visual amenity of new development through ensuring that is of high quality design and built form, objectives that a transportable storage container is unlikely to satisfy due to its industrial appearance.

POLICY/STATUTORY IMPLICATIONS:

Schedule 2, Part 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 outlines the requirements relating to the preparation of local planning policies.

A local planning policy is a discretionary instrument which may address strategic and operational considerations in relation to the assessment and determination of development applications. It does not form part of a Scheme, and cannot bind the Council in respect of an application or planning matter. A local planning policy adopted under a town planning scheme also cannot vary or override any legislative or regulatory requirement. If Council resolves to adopt the Policy, future decisions on development applications must have due regard to the intent and provisions of the policy.

RISK MANAGEMENT IMPLICATIONS:

Medium: As there have been recent applications for development approval and enquiries about the use of transportable storage structures, it is considered appropriate to have a framework for making decisions related to these structures, particularly given recent occasions to use them as permanent structures.

FINANCIAL IMPLICATIONS:

There are no direct financial implications associated with the recommendations of this report.

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STRATEGIC DIRECTION:

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

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 Town's Community Engagement Policy. The requirements for consultation will be satisfied by the following statutory requirements.

The draft LPP3.23 will be advertised pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2, Part 2 Clause 4 and Local Planning Policy 1.2: Public notification of planning proposals. Advertising will consist of the following:

• Advertisements be placed in the local newspaper under the Cambridge noticeboard; and • A notice and copy of the draft amended policy on the Town's website.

Following the conclusion of the advertising period, the Planning and Development (Local Planning Schemes) Regulations 2015 require the Town to review the draft policy in light of any submissions made and resolve to:

• Proceed with the policy without modifications; or • Proceed with the policy with modifications; or • Not to proceed with the policy.

If the Council resolves to proceed, LPP3.23 will be in effect.

ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That Council, in accordance with Schedule 2, Part 2, Clause 4 of the Planning and Development (Local Planning Schemes) Regulations 2015:-

1. ADOPTS draft Local Planning Policy 3.23: Transportable Storage Structures, as shown in Attachment 1, for the purpose of advertising; and

2. ADVERTISES the draft Local Planning Policy 3.23: Transportable Storage Structures, as shown in Attachment 1, by publication of a notice in the local newspaper circulating within the Town and on the Town's website.

Committee Meeting 17 March 2020

During discussion, Cr McKerracher stated that she believed that the transportable storage structures should not be visible from the street.

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AMENDMENT:

Moved by Cr McKerracher, seconded by Mayor Shannon

That clause 1 of the motion be amended to read as follows:-

1. ADOPTS draft Local Planning Policy 3.23: Transportable Storage Structures, as shown in Attachment 1, for the purpose of advertising, with the following modifications:

a. Clause 1 to be amended to read “Transportable storage structures are not permitted within the boundaries of any Residential zoned land within the Town, other than for a temporary period (maximum 12 months), where the use of the transportable storage structure on the site is necessary to facilitate construction on the site, and is subject to obtaining planning approval from the Town.”; b. Clause 2.2 to be amended to read “The transportable storage structure shall be located wholly within the lot, and shall be located behind the primary and secondary street setbacks; and”; c. Clause 2.7 to be amended to read “The transportable storage structure shall be utilised for storage of materials associated with residential building activities only. The transportable storage structure shall not be used for habitation; and”; d. Insert Clause 2.8 to read “The transportable storage structure is not to be visible from the street. Where a transportable storage structure would be visible from the street, it is to be appropriately screened to lessen the industrial appearance of the structure; and”, and renumber existing Clause 2.8 to Clause 2.9.

Amendment put and CARRIED (5/0)

COMMITTEE RECOMMENDATION:

That Council:-

1. ADOPTS draft Local Planning Policy 3.23: Transportable Storage Structures, as shown in Attachment 1, for the purpose of advertising, with the following modifications:

a. Clause 1 to be amended to read “Transportable storage structures are not permitted within the boundaries of any Residential zoned land within the Town, other than for a temporary period (maximum 12 months), where the use of the transportable storage structure on the site is necessary to facilitate construction on the site, and is subject to obtaining planning approval from the Town.”; b. Clause 2.2 to be amended to read “The transportable storage structure shall be located wholly within the lot, and shall be located behind the primary and secondary street setbacks; and”; c. Clause 2.7 to be amended to read “The transportable storage structure shall be utilised for storage of materials associated with residential building activities only. The transportable storage structure shall not be used for habitation; and”;

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d. Insert Clause 2.8 to read “The transportable storage structure is not to be visible from the street. Where a transportable storage structure would be visible from the street, it is to be appropriately screened to lessen the industrial appearance of the structure; and”, and renumber existing Clause 2.8 to Clause 2.9; and

2. ADVERTISES the draft Local Planning Policy 3.23: Transportable Storage Structures, as shown in Attachment 1, by publication of a notice in the local newspaper circulating within the Town and on the Town's website.

Motion, as AMENDED, put and CARRIED (5/0)

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DV20.28 SUSTAINABILITY STRATEGY 2019-2023 – PROGRESS REPORT NO.1

PURPOSE OF REPORT:

This report presents the Town’s progress over the first year since adoption of the Sustainability Strategy 2019-2023.

SUMMARY:

The Town’s Sustainability Strategy 2019-2023 (the Strategy) was adopted by Council in February 2019. Action 6.12 of the Strategy requires annual reviews to track the progress of actions. This report is the first annual progress 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. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 23 February 2020 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Strategic Planning, Brett Cammell Contributing Officer: Sustainability Officer, Janine Roets Reporting Officer Interest: Nil Attachment(s): 1. Sustainability Strategy Actions Review February 2020

BACKGROUND: On 22 August 2017, Council endorsed eight priority projects for the Strategic Planning, Sustainability and Economic Development business units (refer DV17.99). The preparation of a Sustainability Strategy (Strategy) was listed as Project 8 and was to occur during 2018.

Considerable community engagement was undertaken for the preparation of the Strategy, outlined as follows:

Preliminary consultation:

• Three community workshops • School workshops at Floreat Park Primary, West Leederville Primary and two workshops at Bold Park Community School • Internal workshops with staff members, Elected Members and executive • Online public survey • Newspaper and social media adverts

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Consultation on draft Strategy:

• Newspaper and social media adverts • School workshops at Kapinara Primary School and Wembley Primary School • Online survey • ‘Pop up’ stall at Lake Monger Markets

Finally, on 26 February 2019, Council adopted the Town’s Sustainability Strategy 2019-2023.

Action 6.12 of the Strategy requires annual reporting on the implementation of the Strategy. This report is the first progress report and covers the twelve months from March 2019 to February 2020.

DETAILS:

Overall implementation of the Strategy during 2019 has been satisfactory. Of the 79 actions to be worked on during 2019, 71% were ‘achieved’, 15% ‘partially achieved’ and 14% ’not achieved’.

The following table breaks down these achievement numbers into the six themes of the Strategy:

Theme Achieved Partially Actions not Total Total actions achieved achieved number of number of actions actions actions 2019/20* 2019 – 2024

Water 14 78% 1 6% 3 17% 18 21 Waste 13 93% 1 7% 0 0% 14 19 Natural 10 67% 3 20% 2 13% 15 16 Environment Energy and 8 57% 3 21% 3 21% 14 21 Transport Climate 4 67% 1 17% 1 17% 6 9 Resilience Leadership and 7 58% 3 25% 2 17% 12 12 Governance Totals 56 71% 12 15% 11 14% 79 98 *Note that many actions apply over numerous years

Attachment 1 to this report details each of the actions of the Strategy, whether the action was achieved during 2019 or not, and brief commentary as to how the action was achieved or otherwise.

A key action of the Strategy was to form essentially a ‘Strategy implementation working group’ within the Town (Action 6.1). This action will be prioritised for 2020 and is expected to be the primary mechanism to ensure the Strategy is implemented on an organisation wide basis and that the Strategy remains on target. Forming this group will now be easier within the Town as the majority of changes from the organisational review are now complete.

Discussion on the notable achievements and reasons for delay in other actions, based on the six themes, is detailed as follows

1. Water

Strategy aspiration: To use water in a more sustainable way including improving efficiency and using more sustainable potable and ground water sources.

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Notable achievements during 2019: • Maintenance of the Town’s Gold Waterwise Council status. A submission towards Platinum status was submitted in 2020, and whilst the Town wasn’t successful in achieving Platinum status, key actions have been identified for 2020 that will support the Town’s next application (Action 1.4). • Water Sensitive Cities Benchmarking Index workshop held in November 2019 in conjunction with the Water Corporation and Department of Water and Environmental Regulation. The workshop was funded by the Water Corporation and the report on the Town’s index will be presented to Council in March 2020 (Action 1.1). • Launch of the Waterwise Verge Makeover program in late 2019. The program uptake is currently at 80% (Action 1.15).

Notable incomplete actions for 2019: • Preparation of a Water Management Plan (Action 1.1). As above, the Water Sensitive Cities Benchmarking Index exercise has been undertaken and provides key information for the preparation of the Water Management Plan. Preparation of this Plan will commence in 2020 and a number of other Strategy actions are dependent on this Plan.

2. Waste

Strategy aspiration: To avoid unnecessary waste, reuse waste and promote recycling and recovery.

Notable achievements during 2019: • Preparation of a Waste Management Strategy and Waste Management Plan commenced (Action 2.1) • Waste minimisation requirements included in Memorandums of Understanding and contracts with vendors at Town events (Actin 2.4) • Ongoing community related waste minimisation events such as Lake Monger Markets (replacing Garage Sale Trail), clothing swap events, responsible cafés program, (Actions 2.10, 2.12, 2.14) • Community grants and rebates for waste minimisation activities (worm farm rebates and Sustainability grants)

3. Natural Environment

Strategy aspiration: To protect our natural assets, foster green public realms and facilitate rehabilitation of natural areas.

Notable achievements during 2019: - Continual implementation of the Biodiversity Action Plan (Actions 3.1 and 3.7) - Community activities relating to the natural environment through the Spring and Autumn Sustainability Programs (Action 3.12) - Continual support to community groups such as Coastcare and Friends of Parks groups (Action 3.13) Notable incomplete actions for 2019: - Preparation of an Urban Forest Strategy (Action 3.3), though it is noted that an Urban Forest Strategy was adopted for advertising by Council last month in February 2020. - Preparation of a Public Open Space Strategy (Action 3.4), though it is noted that a project scope and resourcing report on this matter was presented to Council last month in February 2020. - Considerable progress on both the above Strategies should be achieved during 2020, with the Urban Forest Strategy scheduled to be finalised by mid year. - Preparation of a Natural Areas Strategy will commence in the second part of 2020 (Action 3.2).

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4. Energy and Transport

Strategy aspiration: To reduce our energy consumption, promote renewable energy use, choose renewable and low carbon materials and products, and facilitate more sustainable transport options.

Notable achievements during 2019: - First year implementation of Bike Plan 2018-2022 (Acton 4.3). - Continual implementation of the Town’s Building Energy Efficiency Program, including LED replacement, solar installation and efficient air conditioning (Action 4.6). A 100kW PV system will be installed at the Wembley Golf Course during June 2020 and the LED light replacement program is being implemented at Clubs across the Town, including Reabold Tennis Club, Floreat Tennis Club, Leederville Sporting Club, City Beach Civic Centre and lights at the Lake Monger Recreational Club will soon be replaced. - Replacement of 500 streetlights with LED lighting. The streetlight replacement project will be completed during March 2020 (Action 4.7). - Implementation of two electric vehicle charging stations, each in West Leederville and Floreat (though completed February 2020) (Action 4.11)

Notable incomplete actions for 2019: - Prepare an Energy Policy to guide the strategic direction of energy use in the Town (Action 4.1). Preliminary work has begun on this policy and will progress through 2020. - A three month fleet electrical vehicle assessment is near complete. The assessment is undertaken be Synergy to monitor vehicle usage and to provide financial feasibility information for the use of electrical vehicles as part of the Town’s fleet (Action 4.13).

5. Climate Resilience

Strategic aspiration: To be adaptive and resilient to the changes in our weather and climate.

Notable achievements during 2019: - Ongoing management of coastal erosion areas through dune rehabilitation and beach maintenance programs (Action 5.3). Coastal erosion study to commence during 2020. - Ongoing management of open spaces and natural areas to alleviate bushfire risk (Action 5.5).

Notable incomplete actions for 2019: - Investigate development of a ‘Climate Change Policy / Resilience Plan’ to ensure risks are identified and addressed and included in strategies (Action 5.1). Work on this action will commence during 2020.

6. Leadership and Governance

Strategic aspiration: To provide leadership in facilitating monitoring, reporting, collaboration and decision making as well as following an education and awareness approach for achieving more sustainable outcomes.

Notable achievements during 2019: - Ongoing sustainability advice and collaboration between departments at the Town (Action 6.6). - Ongoing promotion of sustainability initiatives, provision of information, and incentive programs (Actions 6.8, 6.9 and 6.10).

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Notable incomplete actions for 2019: - Creation of working group / forum to ensure sustainability actions are adopted and integrated across the organisation (Action 6.1). As discussed above, setting up a working group is a priority task for 2020.

POLICY/STATUTORY IMPLICATIONS:

There are no policy / statutory implications associated with the recommendations of this report.

RISK MANAGEMENT IMPLICATIONS:

Low: This report presents information for noting by Council.

FINANCIAL IMPLICATIONS:

Implementation of the Sustainability Strategy actions has occurred within the Town’s operating and capital budgets for FY2019/20. Future actions that require expenditure will be proposed and incorporated into future budget cycles.

STRATEGIC DIRECTION:

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 7.2 Optimise our use of ground water and improve the efficiency of our clean water consumption Strategy 7.3 Improve energy efficiency Strategy 7.4 Minimise waste to landfill and increase recycling Strategy 7.5 Promote our environmental assets and opportunities and recognise the impacts of climate change in our strategies

Goal 8: A community that embraces environmentally responsible practices Strategy 8.1 Encourage the community to self-manage minimising energy consumption, water use, emissions and waste

COMMUNITY ENGAGEMENT:

The content and recommendation of this report has been assessed under the Community Engagement Policy 1.2.11. In accordance with the assessment criteria, the Town will ‘inform’ the community by making this Progress Report available on the Town’s website for information purposes.

Committee Meeting 18 March 2020

During discussion, Cr Nelson asked if the Town had any understanding of what are currently our Co2 omissions. The Acting Director Planning and Development took the question on notice and agreed to provide the information prior to Council.

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That Council NOTES the information contained in this report, as at 17 March 2020.

Motion put and CARRIED (5/0)

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DV20.29 STRATEGIC PLANNING PRIORITIES FOR 2019/20 – PROGRESS REPORT NO.3

PURPOSE:

The purpose of this report is to provide a quarterly progress report on the priority projects for the strategic planning business area for the financial year 2019/20.

SUMMARY:

On 25 June 2019, Council adopted a number of priority projects for the strategic planning business area of the Town for the financial year 2019/20.

This report is the third quarterly progress report on the projects for FY2019/20.

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. 

BACKGROUND:

Address/Property Location: Not applicable Report Date: 4 March 2020 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Strategic Planning, Brett Cammell Contributing Officer: Nil Reporting Officer Interest: Nil Attachments: Nil

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On 25 June 2019, Council resolved as follows (refer DV19.74):

That Council:-

1. NOTES the information related to the Strategic Priorities for 2018/19 for Strategic Planning;

2. ADOPTS the strategic priorities and timetable for the 2019/20 financial year, as detailed in the following table:

Project July-Sept Oct-Dec Jan-Mar Apr-Jun 2019 2019 2020 2020 FY2018/19 ongoing projects: 1 Local Planning Strategy 2 Town Planning Scheme 1 review - omnibus amendment 3 Wembley Activity Centre Plan - statutory * planning controls 4 West Leederville Activity Centre Plan - update and statutory planning controls 5 West Leederville Hub Project To be determined 6 Local Planning Policy 3.1: Streetscape - review 7 Local Planning Policy 5.1: Parking - review 8 Short Term Rental Accommodation To be determined 9 Review of centres FY2019/20 new projects: 10 Public Open Space Strategy 11 Medical Precinct Urban Design 12 Character study for suburbs * 13 Drafting Local Planning Scheme No. 2 * * Project will likely continue through to FY2020/21

3. NOTES that Quarterly reports on the progress of the projects identified in the table above will be presented to Council.

The first quarterly report was presented to Council on 24 September 2019 where Council resolved to 'defer the item … to an Elected Member Forum to enable the projects to be discussed with the newly Elected Members.' (Refer DV19.126)

An Elected Member forum was held on Tuesday 12th November 2019 whereby the item was discussed.

On 17 December 2019, Council considered the second quarterly report and resolved:

1. NOTES the information related to the Strategic Priorities for 2019/20 for Strategic Planning; and 2. AGREES to defer ‘Drafting of Local Planning Scheme No. 2 (Project 13) until Financial Year 2020/21 to commence following formal advertising of the ‘Local Planning Strategy’ (Project 1) and progression of the ‘Character Study for Suburbs’ (Project 12).

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DETAILS:

1. Local Planning Strategy (LPS)

Project status Formal advertising is currently underway (29 February 2020 to 30 March 2020). A report will then be prepared that summarises the submissions received and recommends whether the LPS is adopted with or without modification.

Final approval of the LPS rests with the Minster for Planning, following assessment by the Department of Planning, Lands and Heritage, and a recommendation from the Western Australian Planning Commission’s Statutory Planning Committee. This process is expected to take up to 6 months from adoption by Council. Project on target On target. Risk or barriers None identified at this stage.

2. Town Planning Scheme No. 1 (TPS1) review

Project status Deferred until FY2020/21 as per Council resolution 17 December 2019. Project on target Not applicable. Risk or barriers Not applicable.

3. Wembley Activity Centre Plan (ACP) - statutory planning controls

Project status Council considered the statutory planning controls for the Wembley Activity Centre Plan area in March 2019. Full implementation of the Wembley Activity Centre Plan requires the update of the following documents, scheduled as noted: • Zoning changes incorporated into a new local planning scheme; • Updates to Local Planning Policy 2.4: Precinct P4: Wembley, Q1 2020 and • Review Wembley ACP in line with new R-Codes Vol. 2, Q1 2020.

Initial work has been done on the above, however will require further resourcing in 2020 to achieve. At this stage, this project is unlikely to be finalised in FY2019/20 and will be carried over into FY2020/21. Project on target On target Risk or barriers No new risks or barriers have been identified.

4. West Leederville Activity Centre Plan - update and statutory planning controls

Project status Finalisation of the draft West Leederville Activity Centre Plan and associated documents (Traffic Impact Assessment and Economic Feasibility Assessment) is near complete. It is anticipated these documents will be presented to Council in April 2020 for adoption to advertise. Project on target Behind schedule due to the procurement process taking longer than anticipated. Risk or barriers No new risks or barriers have been identified.

5. West Leederville Hub Project

Project status This project was deferred by Council on 18 December 2018 until such time as the Local Planning Strategy and West Leederville ACP are further advanced to final approval. Project on target Deferred Risk or barriers Not applicable

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6. Local Planning Policy 3.1: Streetscape (LPP3.1) - review

Project status Draft Policy adopted by Council on 17 December 2019. LPP3.1 is currently being advertised for public comment (29 February – 23 March 2020).

A report on submissions will be presented back to Council in May 2020 with a recommendation to adopt the Policy with or without further modification. Project on target Slightly behind target. Risk or barriers No new risks or barriers have been identified.

7. Local Planning Policy 3.13: Parking - review

Project status In April, Council adopted a two stage review process. LPP3.13 was amended to address implementation issues and following advertising, was adopted on 26 November 2019.

A report on Stage Two of the review (cash in lieu expenditure plan, review of parking standards) was scheduled to be presented to Council in December 2019, however work on this stage isn't yet complete. Project on target Slightly behind schedule Risk or barriers No known risks or barriers

8. Short Term Rental Accommodation - discussion paper

Project status This project was deferred by Council on 18 December 2018 until the outcomes of the Inquiry into Short-Stay Accommodation being undertaken by the Economics and Industry Standing Committee (Committee) were known. The Committee tabled its report on 26 September 2019 titled, 'Levelling the Playing Field: Managing the impact of the rapid increase of Short-term Rentals in Western Australia' (Report).

On 12 February 2020, the Minister for Planning responded to the Report, saying that the Government is adopting nearly all of the recommendations arising from the inquiry. An interagency working group has been established to implement the recommendations, however no further update has been provided since this February announcement. Project on target Deferred Risk or barriers No known additional risks or barriers

9. Review of centres

Project status On 25 February 2020 Council considered a confidential report on this matter (refer DV20.6 ‘Land not subject to a residential density code’) and resolved to incorporate further review of such land (including a number of Centres) into the preparation of a new local planning scheme and map, scheduled to occur later in 2020. Project on target Project complete for now, further work to be undertaken during preparation of new Scheme. Risk or barriers No known additional risks or barriers

10. Public Open Space Strategy

Project status Council endorsed, in principle a project plan and resourcing recommendation to prepare an Open Space and Community Infrastructure Strategy on 25 February 2020 (refer DV20.12).

The Town will now seek to appointment an appropriate consultant to commence the project, following preparation of ‘Request for Quotation’ documentation and procurement processes. Project on target On target Risk or barriers No known risks or barriers

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11. Medical Precinct Urban Design

Project status Urban design and planning consultants, Hames Sharley, have been appointed to undertake this project. An onsite walk-around and follow up workshop have been held between Hames Sharley, the Town's Design Review Panel (DRP) and officers.

A draft report has been prepared and presented to DRP with some revisions to be made. The recommendations of the report will then be transferred into a local planning policy for consideration by Council, at this stage in April 2020. Project on target Behind target Risk or barriers No known risks or barriers

12. Character study of suburbs

Project status A scope and plan for this project is being worked on internally for presentation to Council in first half of 2020. This project is also referred to in the draft Local Planning Strategy as 'Character and Heritage Strategy'. Project on target Slightly behind target Risk or barriers No known risks or barriers

13. Drafting Local Planning Scheme No. 2

Project status Deferred until financial year 2020/21 as per Council resolution on 17 December 2019. Project on target Deferred Risk or barriers No known additional risks or barriers

Other work undertaken

Whilst the business unit’s focus has primarily been on the above adopted projects, a number of other pieces of work have been undertaken (or are in progress) since July 2019. These are listed as follows:

• Review of LPP1.3: Design Review Panel (September 2019 • Nomination and appointment process for Design Review Panel members (September 2019) • Review of planning and development delegations (July 2019) • Review of Construction Management Plan related local planning policies (August 2019, response to Notice of Motion May 2019) • Submission on state government proposals (SPP3.6 Development Contributions August 2019, Residential Aged Care position statement December 2019) • Review of LPP2.4: Wembley (June 2019, Sept 2019, November 2019, February 2020) • Sustainable Grants program undertaken (November 2019) • Inaugural Heritage Grants program undertaken (November 2019) • Report on Potential Bus Purchases and Summer Bus 2019/20 (November 2019, response to Notice of Motion September 2019) • Report on Place and Economic Development Options (response to Notices of Motion September and October 2019) • LPP3.24: Determining Natural Ground Levels (February 2020) • Draft LPP3.23: Transportable Storage Structures (this agenda) • Ongoing liaison and facilitation of (confidential) Design Review Panel presentations for Local Development Plans for: o Ocean Village Shopping Centre (DRP November 2019, March 2020) – lodgement expected by June 2020 o Wembley Hotel (DRP July 2019) o St John of God Healthcare Subiaco – lodgement expected by May 2020

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Contributions for tree planning (in lieu of public art)

The business unit has been requested to review Local Planning Policy 3.19: Percent for Public Art to consider incorporating measures to allow the percentage contribution to be used for planting of trees. A Notice of Motion concerning this matter was prepared by Mayor Shannon for the Council meeting held on 27 March 2018 however was not moved at the time.

It is also noted Strategy Action 5.3 of the Town’s draft Urban Forest Strategy (currently being advertised for public comment) includes an action for 2021, ‘Investigate the use of developer contributions for public tree planting and landscaping,’ (page 42).

The Town has some (albeit limited) capacity to review LPP3.19 in line with the notice of motion over the next few months, and Points 2 and 3 of the recommendation align with this. If Council is of the view that this review shouldn’t take place at this point in time, it is suggested that Points 2 and 3 of the recommendation be deleted.

POLICY/STATUTORY IMPLICATIONS:

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

RISK IMPLICATIONS:

This content and recommendation of this report are considered of a ‘low’ risk nature.

FINANCIAL IMPLICATIONS:

The projects discussed in this report are financed through the Town's operating budget for FY2019/20 under the 'Strategic Projects' budget line. There are no further financial implications related to this report.

STRATEGIC DIRECTION:

The proposed projects identified in this report relate to goals and strategies from the Strategic Community Plan 2018-2028 as follows:

Our Neighbourhoods

Goal 4: Neighbourhoods where individual character and quality is respected, and planning is responsive to residents Strategy 4.1: Examine and better identify through planning and consultation those features and qualities which define our individual neighbourhoods Strategy 4.2: Create opportunities for greater housing choice in forms relevant to demand, lifestyle needs and location 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.

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 Strategy 5.4 Develop and implement activity centre planning and/or local development plans for all centres to reflect the community's expectations for these nodes and corridors of activity

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COMMUNITY ENGAGEMENT:

The recommendation of this report has been assessed against the Community Engagement Policy and Community Engagement Framework. No specific consultation on the content or recommendation of this report is required.

Committee Meeting 17 March 2020

Impartiality Interest Declaration – Cr McKerracher

Prior to consideration of the item, Cr McKerracher disclosed an interest affecting impartiality and declared as follows:- “with regard to Item DV20.29, I disclose that until 22 October 2017 I had an association with the Coast Ward Ratepayers’ Association Inc in that I was a committee member and member of that Association (which made a prior submission on the LPS) and that I received a notifiable gift from the Association in respect of the election at which I was elected which I disclosed, details of which are available on the Town’s Electoral Gift Register on the Town’s website. As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

Declaration – Cr Everett

Cr Everett declared as follows:- “with respect to this item, he has in the past declared a financial interest with respect to one of the ongoing projects listed in the West Leederville Activity Centre Plan. Those previous items involves specific actions related to the content and progress of the plan. I have subsequently received advice that as these progress reports, such as DV20.29, are confined to noting information only, it would be as such no financial gain, loss, benefit or detriment to myself as a result of that decision. As such, I would like to make it clear that a declaration is not required.”

ADMINISTRATION RECOMMENDATION:

That Council:-

1. NOTES the information related to the Strategic Priorities for 2019/20 for Strategic Planning;

2. Undertakes a REVIEW of Local Planning Policy 3.19: Percent for Public Art to incorporate mechanisms to utilise contributions for tree planting in lieu of public art;

3. REQUESTS that a report on the review detailed in Point 2 above be presented to Council by May 2020.

Committee Meeting 17 March 2020

During discussion, Cr McKerracher suggested that a review of Local Planning Policy 3.19: Percent for Public Art could be presented to Council in July 2020.

AMENDMENT:

Moved by Cr McKerracher, seconded by Cr Haddon-Casey

That clause 3 of the motion be amended by deleting ‘May’ and inserting ‘July’.

Amendment put and CARRIED (3/2)

For: Crs Haddon-Casey, McKerracher and Nelson Against: Mayor Shannon and Cr Everett

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COMMITTEE RECOMMENATION:

That Council:-

1. NOTES the information related to the Strategic Priorities for 2019/20 for Strategic Planning;

2. Undertakes a REVIEW of Local Planning Policy 3.19: Percent for Public Art to incorporate mechanisms to utilise contributions for tree planting in lieu of public art;

3. REQUESTS that a report on the review detailed in Point 2 above be presented to Council by July 2020.

Motion, as AMENDED, put and CARRIED (5/0)

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DV20.30 WATER SENSITIVE CITIES BENCHMARKING AND ASSESSMENT

PURPOSE:

The purpose of this report is to present the findings of a water management benchmarking index exercise undertaken for the Town of Cambridge as part of its commitment to being a Waterwise Council.

SUMMARY:

The Town of Cambridge has been an endorsed Waterwise Council since 2010 and achieved Gold status in 2018. The development of a Water Management Plan was identified as Action 1.1 in the Town’s Sustainability Strategy 2019-2023 (Strategy) with the purpose to guide the management and control of water quality, conservation and efficiency measures.

To attain the Strategy outcome and establish a development framework for water management in the Town, a benchmarking index exercise was undertaken in conjunction with the Cooperative Research Council for Water Sensitive Cities, the Water Corporation and the Department of Water and Environmental Regulation. This report presents the findings and recommendations of the Water Sensitive Cities Benchmarking and Assessment Report for the Town of Cambridge and recommends the development of a Water Management Plan.

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. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 3 March 2020 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Strategic Planning, Brett Cammell Contributing Officer: Sustainability Officer, Janine Roets Reporting Officer Interest: Nil Attachment(s): 1. Water Sensitive Cities Benchmarking and Assessment, Town of Cambridge (November 2019) 2. Water Sensitive City Index Comparisons

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BACKGROUND: The Waterwise Council program has allowed the Town to undertake proactive actions to reduce water consumption as required in the Strategic Community Plan 2018-2028, strategy 7.2, to ‘Optimise our use of ground water and improve the efficiency of our clean water consumption’.

During the development of the Sustainability Strategy 2019-2023 (Strategy), participants identified water as both a strength and challenge. The Town was generally seen as being pro- active in implementing water efficiency measures, however, further action was required across a range of aspects, including monitoring, infrastructure, water sensitive designs, waste water and infiltration.

Figure 1 – Key Sustainability Strengths in the Town of Cambridge, Engagement Summary Report November 2018

The need to cooperate with other agencies were highlighted and the development of a Water Management Plan or ‘Water Sensitive City’ Plan was identified under Action 1.1 of the Strategy to guide the management of water quality, conservation and efficiency.

The Water Corporation was approached to assist and provided the Town with a free benchmarking index workshop. The Water Sensitive Cities Index was developed by the Cooperative Research Council for Water Sensitive Cities (CRCWSC) and aims to serve as a benchmarking document to inform the development of an overarching water management initiatives.

The CRCWSC partners with international organisations, universities, businesses, local councils, the federal Department of Industry, Innovation and Science as well as the WA Department of Water and Environmental Regulation.

The CRCWSC is a research centre that provides resources to determine the degree of how ‘water sensitive’ an urban area is and identifies steps that can be taken towards becoming a Water Sensitive City. A Water Sensitive City is defined as being liveable, resilient, sustainable and productive.

Figure 2 – Elements of a Water Sensitive City, https://watersensitivecities.org.au/what-is-a-water-sensitive-city/

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These elements are in line with the Town’s Strategic Community Plan 2018-2028 to attain the vision of ‘the best liveable suburbs’ and being sustainable and resilient as a future focus.

DETAILS: The benchmarking workshop was facilitated by the Water Corporation. Representatives from various state government agencies and Town of Cambridge staff participated in the exercise. Live polling was held with interactive discussions and the final score was assigned based on consensus between participants.

All participating Local Governments Areas (LGA’s) are assessed across seven goals with subsections phrased as questions allowing for the direct comparison between organisations. The findings and recommendations are presented in the Water Sensitive Cities Benchmarking and Assessment report, see Attachment 1, and a summary is provided in this report.

The seven goals are:

1. Ensure good water sensitive governance 2. Increase community capital 3. Achieve equity of essential services 4. Improve productivity and resource efficiency 5. Improve ecological health 6. Ensure quality urban space 7. Promote adaptive infrastructure

Index Findings

The seven goals are used to assess LGA’s across an Urban Water Transitions Framework, Figure 3, indicating six development states that LGA’s move through with the final step achieving a full water sensitive city state. The progression is, however, not linear and different states can be achieved; for example, the Town of Cambridge attained the following levels, also see Figure 4 for a visual representation:

Development State Description Percentage Achieved Water Supply City Equitable, safe and secure access to drinking water is 100% available throughout the Town. Sewered City Access to safe and reliable sanitation is available. 100% Drained City Adequate drainage with minimal impact during normal 100% rain events are present. Waterway City Wetlands and greenways are well maintained. 97% Management Plans have either been established or are being developed for reserves. Water Cycle City Various water sources are available and utilised for 63% drinking and irrigation. Natural areas are well protected in the Town with extensive community engagement and participation. Strategic documents are in place to facilitate liveability and the management of resources. Water Sensitive City The Public Open Space Strategy and Urban Forest 23% Strategy will further enhance the Town’s water sensitive city status. Increased community capital activities through education and indigenous involvement is required. A greater focus on ecological health is required and will be facilitated through the development of a Natural Areas Strategy.

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Figure 3 – CRC for Water Sensitive Cites Transition Framework

Figure 4 – Benchmarking results for the Town of Cambridge indicating the Water Sensitive Cites Transition Framework positions

Results and Opportunities

The aim of the process to set targets and benchmark different LGA’s to identify opportunities for improvement and actions. The Town’s outcomes are compared against a Water Cycle City state, not the full Water Sensitive City state, to allow for realistic and achievable interim goal setting, see Figure 5.

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Figure 5 – Comparing the Town against the Water Cycle City state

The Town of Cambridge indicators that scores below, or just above, the Water Cycle City state are listed next and are considered to be the areas where the most effective progress opportunities can be identified (Water Sensitive Cities Benchmarking and Assessment Report, Attachment 1, pp. 11-15).

Goal Future focus areas opportunities 1. Ensure good water The Town’s practices have a strong engineering focus and cross sensitive governance departmental projects and knowledge sharing must be undertaken. 2. Increase community capital Increased water literacy and education is required, with a focus on underground (bore) water. Indigenous involvement in water planning and greater community involvement in emergency response planning is needed. 4. Improve productivity and The aim of the outcome is to reduce greenhouse gas emissions resource efficiency by increasing efficiency measures, monitoring consumption and install additional renewable sources. These findings were identified in the Sustainability Strategy 2019-2023 and are being investigated. Potential managed aquifer recharge options are identified through the WESROC program and the Perry Lakes recharge project increases resource recovery options. 5. Improve ecological health The Natural Areas Strategy (to be developed), the Biodiversity Action Plan, the Urban Forest Strategy (draft approved - February 2020) and the WESROC Greening Plan focus on increasing biodiversity corridors to improve healthy and biodiverse habitats. Continued water quality monitoring is required at Lake Monger and future water quality monitoring will be required at Perry Lakes. 6. Ensure quality urban space The recently updated Treescape Plan and recently adopted draft Urban Forest Strategy will increase tree canopy cover and will assist with managing urban heat and improve performance in this area.

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In the following areas the Town scored significantly above the Water Cycle City state:

Goal Achievements 3. Achieve equity of essential All parks and waterways have free and accessible access and are services well maintained. Minimal disruption occurs during floods with specific areas identified near Lake Monger. Stormwater storage detention infrastructure was installed at McCourt Park. 7. Promote adaptive Irrigation systems are connected to rain gauges and flow meters infrastructure. are installed at all bores. Every sprinkler is controlled at the Wembley Golf Course based on soil moisture. Water consumption is monitored at Bold Park Aquatic Centre.

Comparison to other LGA’s

The City of Subiaco benchmark has been, unofficially, considered as the ‘optimal state’ for many years by participating local governments and is employed as a general comparison. Figure 6 shows how the Town compares favourably against Subiaco. The Town had a lower percentage in the Water Cycle City state (Cambridge: 63% and Subiaco: 78%), however, performed better in the Water Sensitive City state (Cambridge: 23% and Subiaco: 15).

Figure 6 – Town of Cambridge city state compared to the City of Subiaco

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Figure 7 shows the cities of Perth and Vincent’s city states indicating that the Town performs well against neighbouring LGA’s and a larger city.

Figure 7 – the City of Perth and the City of Vincent city states

The comparative results are summarised below:

LGA Waterway City Water Cycle City Water Sensitive City (Ideal state) Town of Cambridge 97% 63% 23% City of Subiaco 97% 78% 15% City of Perth 79% 44% 5% City of Vincent 93% 41% 19%

Attachment 2 shows more examples, comparing the Town to other Western Australian LGA’s and larger cities in Australia. In most instances the Town is at a similar state or more advanced towards a Water Sensitive City state than major cities in Australia. For example Melbourne is at a 10% Water Sensitive City state against the Town’s 23%.

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Ten Point Action Plan

A ten point action plan was developed based on the benchmarking findings. The action plan will form the basis of future activities and progression towards a Water Sensitive City state, it is also recommended as the framework for the development a Water Management Plan.

Collaboration between corporate service areas, state government agencies and the community is essential to effectively deliver a Water Management Plan.

The actions are summarised below with recommendations and feedback. Note the actions are not listed in terms of priority:

Action 1: Build a clear Vision for a Water Sensitive Town of Cambridge

The delivery of water sensitive cities requires a clear vision with local relevance which can guide collaborative planning to coordinate opportunities to enhance the Town’s ecological, economic and social values.

Key stakeholders and the community including the local Noongar people should be engaged in developing a water sensitive vision and narrative for Cambridge that endorses the productive, liveable, sustainable and resilient water agenda.

The development of a Water Management Plan as an overarching document to guide the management of all water management aspects is proposed to ensure the establishment of a clear vision. The Water Management Plan will be informed by the Strategic Community Plan 2018-2028 and relevant strategic documents. As noted above, the preparation of a Water Management Plan is already identified in the Sustainability Strategy as Action 1.1 and is due to commence in FY2020/21.

Action 2: Establish a Reconciliation Committee and develop a Reconciliation Plan

Leverage the engagement and acknowledgement of Aboriginal cultural significance of Lake Monger to develop a reconciliation committee. This committee must develop a reconciliation plan including providing direction on the indigenous involvement in water planning including involving shared history and values as part of urban development and environmental management.

The Department of Water’s ‘Waterwise Perth Two Year Action Plan’ (2019) acknowledges the value Noongar people place on wetlands and waterways and aims to increase engagement and participation in water resource management. The Department of Water collaborates with the Water Sensitive Cities CRC in the development of the Waterwise Plan. Aboriginal engagement is included in the benchmarking indices to address liveability and identifies and reflects the societal needs and values of a community. Liveability is a key component of the Town’s Strategic Community Plan 2018-2028.

Reconciliation Action Plans (RAPs) provide a framework for organisations to productively engage with Aboriginal people in the development of business plans and is a formalised process facilitated through Reconciliation Australia. The state government, many businesses, numerous government departments (eg. Public Transport Authority, Department of Planning, Lands and Heritage, Department of Justice) and local governments (eg. Cities of Vincent, Fremantle, Stirling) have progressed or adopted RAPs.

The development of a RAP will address all aspects of the local government, including water management, and it is this relationship with water management as to why a RAP has been recommended by the Assessment and Benchmarking Report. However at this stage, further research and consideration of resourcing is needed before the Town can recommend

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Currently the Town has ensured indigenous involvement by, for example, co-naming Lake Monger, Calup (place of fire), as well as ensuring that Aboriginal monitors are present when construction takes place along the lake. A trail was developed at the Perry Lakes development showing the aboriginal history and a story was recorded that is available on the Town’s website.

To address some elements of the Action, in the absence of a RAP, Aboriginal input will be sought when the updating site specific Management Plan as per Aboriginal Heritage Act requirements. Indigenous interests and expertise will also be sought in addressing the history and water management of Lake Monger under the management plan.

Action 3: Foster community engagement, collaboration and ownership

Undertake a water literacy initiative in collaboration with the Water Corporation and Department of Water and Environmental Regulation to improve community understanding of the urban water cycle with a particular focus on groundwater and the impact of bore water use.

This initiative needs to be directed to all sectors of the community and should empower individuals to make choices that support a water sensitive future. This will ultimately enable the community to become more actively involved in the planning, management and maintenance of water infrastructure owned and operating at a range of scales.

The Town should outline inter‐disciplinary planning and co‐design processes involving the community and clarify where and how the community can make choices and contribute to solutions.

The proposed Water Management Strategy will address community engagement and cross functional cooperation for water management and efficiency matters supporting the current programs including the annual Native Plant Subsidy Scheme, Rewards for Residents program and seasonal community workshops.

Action 4: Strengthen diversity, collaboration and integration in decision-making

Formalise interdisciplinary discussion and advice through establishing an Integrated Water Management (IWM) team within the Town. The purpose of the team is to work together to broaden knowledge sharing and skills to deliver holistic, water sensitive outcomes across portfolios and should include planning, engineering, community development, landscaping and sustainability staff as a minimum.

An interdisciplinary team is currently being established as a requirement of the Sustainability Strategy 2019-2023, water management will be included under scope and terms of reference of this meeting.

Action 5: Support establishment of green infrastructure that improves ecological health and connectivity

All new developments in the Town should demonstrate how they have considered and are delivering green infrastructure and water sensitive urban design outcomes appropriate to the site and development context. This should be established through local planning policy to support implementation of State Planning Policy 2.9. Consideration of available water sources for irrigation should include local and catchment‐scale solutions including reuse. Urban greening, biodiversity corridor developments, drainage upgrades and streetscape enhancements must be considered in the capital works program.

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The Local Planning Strategy is currently being finalised and water sensitive urban design technologies are encouraged in all stages of the development process. The Urban Forest Strategy is being finalised and the Natural Areas as well as Public Open Space Strategies are being developed. Further review of the Local Planning Scheme and associated policies will seek to ensure an appropriate statutory planning framework to promote ‘green infrastructure’.

Action 6: Consider the role of groundwater in achieving improved environmental outcomes

This action is strongly linked to other actions proposed but is also important as a standalone action to ensure that the importance of groundwater within the Town is understood and local conditions are appropriately responded to. Additionally, the Town should seek to reduce groundwater use for irrigation with a focus on working with private bore owners. Local replenishment must be enhanced through water sensitive urban design.

The Town should continue to work with UWA and the state government to see incremental improvements in the water quality of Lake Monger. These actions will help to improve the sustainability of local groundwater dependent ecosystems such as Lake Monger and Perry Lakes and prevent further depletion of groundwater resources.

The Town is participating in the Department of Water and WESROC Confined Aquifer Capacity project to determine how ground water abstraction can be optimised. Water quality monitoring and ecosystem management will be included in Management Plans.

A community education program will be established in conjunction with the Water Corporation and the Department of Water.

Action 7: Encourage uptake of alternative fit-for-purpose water supply options

The Town should continue to develop the Perry Lakes project which takes water from the Water Corporation’s Herdsman main drain to improve the water levels in Perry Lakes.

Residents should be encouraged to install a greywater system, rainwater tank and/or a rain garden. Promotion could include subsidies, educational workshops or sharing resident success stories through the Town’s website.

The Perry Lakes Replenishment program is supported in the Town’s Strategic Community Plan 2018-2028 implementation program. Further community education programs will be developed. Discounts for rainwater tanks, swimming pool covers and soil improvement is available through the Rewards for Residents program

Action 8: Recognise economic benefit of WSUD

Establish dedicated budgetary arrangements from across departments for water sensitive practices including for the maintenance of infrastructure that delivers multiple benefits to the community and retrofit of low maintenance water sensitive urban design options. A multiple‐ criteria decision‐making model should be used by the Town to assist in the selection of projects and investment. Establish sound institutional arrangements and processes to support policy and make these transparent to the general public.

Efforts should be made to monetise broader water related benefits and costs. The Town should commence a life cycle costing data base to enable improved planning for maintenance of drainage assets, fit‐for purpose water supply infrastructure and other WSUD assets to assist the Town to better forecast budgets for retrofit and management into the future.

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The proposed Water Management Plan could be scoped to address the economic benefits of projects as well as identifying optimal future projects and focus areas.

Action 9: Encourage uptake of suitable alternative fit-for-purpose water supply options (other than groundwater)

The Town should consider ways to actively promote and increase uptake of fit‐for‐purpose alternative water supply options, other than groundwater, both with residents and in Town‐ owned/operated assets. Options for promotion include provision of a greywater design and installation or rainwater tank maintenance workshops; sharing resident success stories and scheme water savings via the Town’s website or during a home open day events; or the use of subsidies.

The Rewards for Residents program provides discounts on rainwater tanks, pool covers and soil improvements. Further programs will be developed in conjunction with the Water Corporation and the Department of Water.

Action 10: Consider the water-energy nexus & address GHG emissions

The strong linkage between energy and water means that the delivery of multi‐functional water‐ related outcomes often provides an opportunity to reduce energy consumption or generate alternative energy supplies. Although much of the energy cost of water services in the Town is dictated by the Water Corporation, some opportunities exist in parts of the community with self‐ supply systems.

In addition, the Town should identify and implement strategies to reduce greenhouse gas emissions from Town owned and managed facilities, as well as setting their own targets and monitoring and reporting on this annually. These targets should include consideration of the energy required for irrigation of public spaces and operation of public buildings.

The installation of solar PV systems on residential properties are encouraged through the Rewards for Residents program. By the end of the 2019/2020 financial year the Town will have a total of 190kW’s renewable energy installed. Existing energy efficiency measures include LED lighting replacements, undertaking Eco Audits at Clubs and solar evaporative tubes for water heating at Bold Park Aquatic.

The Town’s irrigation system is linked to soil moisture and weather forecasts. By increasing water efficiency, electricity consumption is optimised and reduced.

POLICY/STATUTORY IMPLICATIONS:

Policies will be reviewed to include water sensitive design principles where relevant.

RISK MANAGEMENT IMPLICATIONS:

Low: This report presents information for noting by Council.

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FINANCIAL IMPLICATIONS:

It is recommended that the Water Management Plan be prepared by a consultant for the following reasons: - To ensure technical expertise and experience with ‘best practice’ situations is embedded in the Plan; and - To ensure the timely delivery of the Plan which can be challenging at times if such plans are undertaken in house.

It is anticipated a budget amount of $20,000 would be required for consultancy and this will be recommended for inclusion in the 2020/21 financial year budget.

For similar reasons as above, a consultant is considered the best way forward to prepare a Reconciliation Action Plan. However, as recommended by this report, a further report is to be prepared to clarify the scope and process to prepare the Reconciliation Action Plan. This report will be able to contain further information about likely consultancy costs.

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

Our Neighbourhoods

Goal 4: Neighbourhoods where individual character and quality is respected, and planning is responsive to residents Strategy 4.4 Enhance and respect our existing streetscapes, setbacks and green spaces Strategy 4.5 Liaise with relevant agencies on planning, including provision for education and health facilities and service

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 7.2 Optimise our use of ground water and improve the efficiency of our clean water consumption Strategy 7.3 Improve energy efficiency Strategy 7.5 Promote our environmental assets and opportunities and recognise the impacts of climate change in our strategies

Goal 8: A community that embraces environmentally responsible practices Strategy 8.1 Encourage the community to self-manage minimising energy consumption, water use, emissions and waste

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Our Council

Goal 9: Transparent, accountable governance Strategy 9.2 Consult with the community using techniques that engage more widely to inform and be informed on local matters of priority

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.1 Ensure appropriate resources are allocated to the preparation and implementation of day to day decision making, broader strategic planning and major projects Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

Corporate Business Plan 2018

‘Commit to the Waterwise Council Program’ is an identified activity for years 2018 – 2022.

COMMUNITY ENGAGEMENT:

The content and recommendation of this report has been assessed under the Community Engagement Policy 1.2.11. In accordance with the assessment criteria, the Town will ‘inform’ the community by making the benchmarking report available on the Town’s website for information purposes.

ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That Council:-

1. NOTES the Water Sensitive Cities Benchmarking and Assessment report undertaken for the Town of Cambridge, as Attachment 1;

2. APPROVES in principle the 10 Actions recommended by the Water Sensitive Cities Benchmarking and Assessment report (Report) as guiding actions to be pursued and undertaken by the Town, subject to the following:

2.1 A budget allocation being granted for the preparation of a Water Management Plan in financial year 2020/21, to partly address Actions 1, 6, 7, 8, 9 and 10 of the Report; 2.2 A further report being presented to Council that clarifies the scope, process and budget allocation to prepare a Reconciliation Action Plan, as recommended by Action 2 of the Report; and

3 REQUESTS a progress report on the implementation of the 10 Actions recommended by the Water Sensitive Cities Benchmarking and Assessment report be prepared and presented to Council in March 2021.

During discussion, Cr Nelson queried what the future benefit of maintaining this benchmarking is to the Town, given that the Town is rated very highly and the proposed actions are captured elsewhere.

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AMENDMENT:

Moved by Cr Nelson, seconded by Mayor Shannon

That clauses 2 and 3 of the motion be deleted.

Amendment put and CARRIED (4/1)

For: Mayor Shannon, Cr Everett, Haddon-Casey and Nelson Against: Cr McKerracher

COMMITTEE RECOMMENDATION:

That Council NOTES the Water Sensitive Cities Benchmarking and Assessment report undertaken for the Town of Cambridge, as Attachment 1.

Motion, as AMENDED, put and CARRIED (5/0)

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DV20.31 CCTV PARTNERSHIP PROJECT

PURPOSE:

This item proposes to list for consideration an amount of $60,000 and $30,000 of capital spending over the next two years to create a new grant programme allowing private property owners to receive a rebate to install CCTV cameras that record activity of public places where crime may be an issue.

SUMMARY:

The CCTV Partnership Subsidy Project is an innovative and cost effective opportunity to have up to 180 local public space viewing CCTV cameras in the Town over the next 3 years, with no ongoing maintenance or replacement costs for Council. It also gives the Town the ability to further create positive relationships with local police and give our community the opportunity to take ownership of their local streets and public spaces.

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. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 25 February 2020 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Regulatory Services, Steve Cleaver Contributing Officers: A/Coordinator Rangers and Community Safety, Mark Allies Community Safety Officer, Claire Turnbull Reporting Officer Interest: Nil Attachment(s): 1 – Cambridge CCTV Partnership Subsidy Form

BACKGROUND:

Western Australia has participated in the global trend of increasing CCTV (Closed Circuit Television) in the community, and there has been an expansion of CCTV systems installed by State and Federal government agencies, Local Government Authorities, private business and residents.

CCTV has increasingly been used in the community as a safety and crime prevention tool.

When combined with other crime prevention strategies, CCTV in public places can contribute to a reduction of the fear of crime and can act as a deterrent to potential offenders in crime hotspots

MINUTES - DEVELOPMENT COMMITTEE - 17 MARCH 2020 122 DEVELOPMENT COMMITTEE TUESDAY 17 MARCH 2020 and can also be used for evidence and investigations by WA Police (WAPOL) and Local Government Officers. However, CCTV certainly has its limitations including extensive costs including initial infrastructure, ongoing maintenance and upgrading of systems as technology changes.

This report will propose the direction the Town should take in relation to public space CCTV.

DETAILS:

There is currently $30,000 in the 2019/2020 budget allocated to CCTV and for the following two financial years, with a total of $90,000. This was to be directed towards providing CCTV at City Beach (3 stage project).

The lowest quote the Town received for one Solar CCTV pole was $28,450, with this capturing sections of the two north carparks at City Beach. The cost of hardwired CCTV along City Beach would cost in the vicinity of $114,000 for four CCTV cameras and poles, with additional expenditure for cabling or trenching. The only electrical hub at City Beach is at the bin store in the South East Carpark near Odyssey Restaurant. Therefore an electrical cabling trench would be required to accommodate more than one camera, with 45 metres of cabling costing $37,977. The minimum cost for four hardwired cameras would total $152,638 and this would still only cover the two northern carparks at City Beach.

With such extensive costs for very limited CCTV coverage, the Administration has been researching other alternatives to provide CCTV. In 2019 following a recommendation from the Western Australian Police, the Town’s officers met with the Town of Victoria Park to discuss their approach to CCTV, as they have developed a very effective and cost efficient community partnership project which they started in 2017/2018. The Town of Victoria Park has a similar population and some similarities in crime to the Town of Cambridge. Modelling of successful crime prevention programs in like Town’s could be very valuable for the Town to adopt and change as required to fit our community.

The proposed CCTV partnership project is a subsidy program whereby residents, community groups and local businesses are eligible to apply for a contribution towards installing a CCTV system on their property. The main criterion to be eligible is that one camera must clearly have a public angle field of view, whether that is a road-way, right-of-way or park/reserve/beach. This would require an initial site visit by Town staff to assess the eligibility of the property. If eligible, the individual would have two months to have the system installed by a licensed security agent, they would then have to provide the Town with a copy of the public space camera angle (it would have to meet ANZPAA resolution standards), receipt for CCTV and signed agreement, only then would they receive the subsidy from the Town. The agreement would also stipulate that if WA Police or Town Rangers request access to the footage that the individual must comply.

In the Town of Victoria Park, in the first year alone, the Police have utilised footage from over 40% of these installations and more than 42% of residents used the footage themselves.

It is proposed that up to $500 per partnership could be claimed, with the average cost of a CCTV system $1500 - $2000. This will provide up to 60 registered CCTV public space cameras in 2019/2020 throughout the Town. The Town of Cambridge would only be required to contribute up to a quarter of the cost and would then have access to up to 60 cameras that the Town would not have to manage past the initial subsidy process. There is also no ongoing maintenance or replacement costs.

The strategy creates a unique and functional CCTV network that empowers the community to take ownership of community safety and builds relationships between ratepayers, Council and the Police.

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If the subsidy project continues in the 2020/2021 and 2021/2022 financial years, the Town could potentially have 180 CCTV cameras with public space views. WA Police would also be consulted and there would be certain areas that would be targeted in response to their local intelligence assessments.

The Town's Community Safety and Crime Prevention Plan is due to be reviewed in 2020/2021 and it is proposed that as part of this review the Town create a CCTV strategy to capture this project and other proposed CCTV initiatives.

POLICY/STATUTORY IMPLICATIONS:

Local Government Act 1995

RISK MANAGEMENT IMPLICATIONS:

Low: As the Town is modelling off other successful Local Government CCTV programs in the State, the risk to the Town is low.

FINANCIAL IMPLICATIONS:

It is proposed that the $30,000 that is currently on the 2019/2020 budget for capital works for the City Beach CCTV be reallocated to implement the CCTV Community Partnership Project. The following 2 stages with $30,000 forecasted for further capital expenditure in 2020/2021 and 2021/2022 now also be recommended to the CCTV Community Partnership grant fund Project for financial years 20/21 and 20/22 respectively.

STRATEGIC DIRECTION:

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

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

COMMUNITY ENGAGEMENT:

The recommendation of this report has been assessed against the Community Engagement Policy and Community Engagement Framework. No specific consultation on the content or recommendation of this report is required.

Committee Meeting 17 March 2020

During discussion, concern was expressed that installing CCTV at the City Beach car parks was not part of the programme, as it is a high risk area. The Administration was requested to provide further information on whether there is a plan to include budget support for high crime areas within the Town and if CCTV can be installed using the power of the existing light poles at the City Beach carparks, prior to the next meeting of Council.

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That Council:-

1. APPROVES BY AN ABSOLUTE MAJORITY the reallocation of $30,000 from the Capital Items Budget to Community Safety Other Budget, to fund the CCTV Partnership Project;

2. LISTS FOR CONSIDERATION an amount of $60,000 in Budget 2020/21 to enable Stage 3 of the project to be completed; and

2. REQUESTS a CCTV Strategy be developed, in conjunction with the review of the Community Safety and Crime Prevention Plan in 2020/2021.

Motion put and CARRIED BY AN ABSOLUTE MAJORITY (5/0)

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DV20.32 REVIEW OF COUNCIL POLICY - LOCAL PLANNING POLICY 1.5 ‘RESPONSE TO STATE ADMINISTRATIVE TRIBUNAL MATTERS AND REPORTS TO THE JOINT DEVELOPMENT ASSESSMENT PANELS

PURPOSE OF REPORT:

The purpose of this report is to seek approval from the Council to review the Council Local Planning Policy 1.5 - ‘Response to State Administrative Tribunal Matters (‘the SAT’)’ and the Town’s current procedures concerning reports to the Joint Development Assessment Panel (‘the JDAP’).

SUMMARY: The Town has recently experienced a matter in the State Administrative Tribunal (SAT) concerning a development application and the SAT Member has taken a very strong view against the Town’s handling of this matter. There are potentially significant and serious financial and reputational implications to the Town. In addition, a recent decision by the JDAP about a proposed Child Care Centre at the corner of Cambridge and Brookdale Street, Floreat resulted in the Mayor and several councillors expressing dissatisfaction about the outcome and the procedure for processing the application concerning the applying of conditions of approval. In addition, there have been previous occasions where the JDAP decisions have been the subject of considerable debate.

.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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive Floreat Report Date 12 March 2020 Responsible Officer: Chief Executive Officer - John Giorgi, JP Reporting Officer: Chief Executive Officer - John Giorgi, JP Contributing Officer: Nil Reporting Officer Interest: Nil Attachments: 1 Council Local Planning Policy 1.5 - ‘Response to State Administrative Tribunal Matters’. 2 SAT Application Process

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BACKGROUND:

SAT Policy

The Council has a number of policies which provide guidance to the Council and the Administration on a wide range of matters. The Council policy relating to the SAT is a planning policy. It is considered appropriate to review the policy to remove any ambiguity and to provide more precise details in specific areas, in particular to clarify how instructions are provided to the Town’s legal representatives and planning consultants.

The review will be carried out in-house by the Chief Executive Officer and will not have any cost implications. It is proposed to report to the April Council meeting.

JDAP Matters

Fifteen (15) Development Assessment Panels have been established throughout WA. There are two types of DAPs; Local Development Assessment Panels (LDAPs), and Joint Development Assessment Panels (JDAPs). LDAPs service a single local government, and there will only be one established for the City of Perth. The remainder are JDAPs, which service two or more local governments.

All DAP members are appointed by the Minister for Planning, and each DAP consists of five panel members. Specialist members are members who hold planning qualifications and are appointed as one of the following:

• Presiding member – who preside at DAP meetings for the DAP in which they are appointed. • Deputy presiding member – who will act in the place of the presiding member if he or she is unable to act. • Third specialist - Local members – two nominated councillors from local government.

JDAPs will have two representatives from each relevant local government area appointed to the panel, and these two members can only sit on the panel when the application being determined has been made under the local planning scheme that their local government is responsible for. All DAP members are appointed for a maximum term of two years.

The Joint Development Assessment Panel (JDAP) determines two types of applications:

Mandatory:

If an application is for a development with an estimated cost of $7 million or more, it is mandatory for the application to be referred to the JDAP.

The only exceptions is if proposed development is exempt from requiring JDAP determination. Exempt developments include:

• Applications for a single house with any associated carport, patio, outbuilding and incidental development • Applications for less than 10 grouped dwellings and any associated carport, patio, outbuilding and incidental development and • Applications for less than 10 multiple dwellings and any associated carport, patio, outbuilding and incidental development.

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Optional:

If an application is for a development with an estimated cost of between $2 million and $20 million, the applicant has the ability to ‘opt-in’ and have the application referred to the JDAP. The above exempt developments are also applicable in this instance.

Current Practice

The Town’s current practice is for the JDAP reports to be circulated informally to Elected Members and to list each application in the Elected Member Information Bulletin. It is the prerogative of each local government as to how to treat JDAP reports, with some Councils requiring a report to the Council, whilst others do not.

It is important to note that a Council does not have decision making or statutory role in a JDAP matter. If reported to Council, the Council can only provide a comments as to whether they support the application or whether they oppose it.

It is considered that the reporting of JDAP matters to Council will provide greater oversight of major developments in the Town. The process is proposed to be reviewed after a period of twelve (12) months.

POLICY/STATUTORY IMPLICATIONS:

• Local Government Act 1995 • State Administrative Tribunal Act 2004 • Council Policy – Local Planning Policy 1.5: Response to State Administrative Tribunal Matters • Council Policy No: 1.1.13 - Model Litigant Policy

RISK MANAGEMENT IMPLICATIONS:

Low: This matter has a low risk, as it involves a review of a Council Policy and internal planning procedure.

FINANCIAL IMPLICATIONS:

Nil.

STRATEGIC DIRECTION:

Our Council

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

COMMUNITY ENGAGEMENT:

Not applicable.

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COMMITTEE AND ADMINISTRATION CONFIDENTIAL RECOMMENDATION

Moved by Mayor Shannon, seconded by Cr Nelson

That Council:

1. REQUESTS the Chief Executive Officer to review the Council Local Planning Policy 1.5 - ‘Response to State Administrative Tribunal Matters’ and the Town’s current procedures concerning reports to the Joint Development Assessment Panel;

2. NOTES that the Chief Executive Officer has requested that the Town’s Responsible Authority Reports be submitted to Council for information prior to being submitted to the to the Joint Development Assessment Panel; and

3. REQUESTS a report to be submitted to Council by no later than April 2020.

Motion put and CARRIED (5/0)

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DV20.33 BUILDING PERMITS APPROVED UNDER DELEGATED AUTHORITY- FEBRUARY 2020

PURPOSE:

The purpose of this report is to receive the register of Building Permits issued under delegated Authority.

SUMMARY:

The report details building approvals issued under delegated authority.

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. Information For the Council/Committee to note. 

Address/Property Location: N/A Report Date: 30 March 2020 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Stephen Cleaver, Manager Regulatory Services Contributing Officer: N/A Reporting Officer Interest: Nil Attachment(s): 14. Building Approvals (4 pages)

BACKGROUND:

Listed below are the total numbers of permits issued for the month of February 2020. Also shown are the comparative figures of the numbers of permits issued on the same months of the previous year and year to date fields.

February 2020 February 2019 Financial Year to Corresponding date 2019/2020 Financial Year to date 2018/2019

Building Permits (Certified) 28 36 268 246 Building Permits (Uncertified) 4 4 68 85 Demolition Permits 1 5 28 42

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Building Approval Certificate (Unauthorised Work) 1 3 12 10 Building Approval Certificate (Strata) 0 3 2 Occupancy Permits 0 1 7 4 Occupancy Permits (strata) 0 0 0 3 Total 34 49 386 392 Value of Construction $7,632,720.80 $8,919,842.0 $102,592,783.0 $ 76,215,371.5

DETAILS:

Nil

POLICY/STATUTORY IMPLICATIONS:

Building Act 2011.

RISK MANAGEMENT IMPLICATIONS:

Low: As the approvals have already been issued under delegated authority by the Town’s Building Surveyor, the risks to the Council are low.

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

COMMUNITY ENGAGEMENT:

Nil

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Mayor Shannon, seconded by Cr Nelson

That Council RECEIVES the Schedule of Building and Demolition Permits approved under delegated authority for the month of February 2020 as attached to and forming part of the notice paper.

Motion put and CARRIED (5/0)

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DV20.34 DELEGATED DECISIONS AND NOTIFICATIONS – FEBRUARY 2020

PURPOSE:

The purpose of this report is to receive the register of Planning Delegated Decisions.

SUMMARY:

To report on matters which have been dealt with under delegated authority.

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. 

OFFICER INVOLVEMENT

Address/Property Location: Not applicable Report Date: 12 March 2020 Responsible Officer: Marlaine Lavery, Director Planning and Development Reporting Officer: Jennifer Heyes, Manager Statutory Planning Contributing Officer: Nancy Vanden Bergh, Administration Officer Reporting Officer Interest: Nil Attachment(s): Not applicable

BACKGROUND:

The following items (for the months of October 2019 to February 2020) have been dealt with under delegated authority, in accordance with Council’s policy, as they were deemed to comply in all respects with the requirements of the Town Planning Scheme and Council Policy:-

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DETAILS:

February 2020

City Beach

• 1B/131 Drabble Road, City Beach - Additions/Alterations to Existing Dwelling • 17 Aruma Way, City Beach - Single House

Floreat

• 99 Birkdale Street, Floreat - Alterations/Additions to Existing Front Fence • 3 Kilkenny Road, Floreat - Two-storey Dwelling with Pool • 43 Donegal Road, Floreat - Additions - Proposed arbor to existing residence • 152 Alderbury Street, Floreat - Existing Front Fence • 10 West Lorne Street, Floreat - Retaining Walls and Boundary Fencing • 116 Brookdale Street, Floreat - Cladding to upper floor • 454A Cambridge Street, Floreat - Patio

Wembley

• 19 Holland Street, Wembley - Extension to existing carport and store room • 339 Cambridge Street, Wembley - Solar panel installation to existing roof • Catherine McAuley Villas and Community Care Centre, 18 Barrett Street, Wembley - Demolition of three buildings (Swlae House, Carlow House and Building E) • 128 Nanson Street, Wembley – Patio and Shed Additions to Existing Single-storey Dwelling

West Leederville

• 69 Blencowe Street, West Leederville - Alterations/Additions to Existing Single-storey Dwelling (inc. Carport) • 75A Tate Street, West Leederville - Additions/Alterations to Two-Storey Dwelling • 27 Southport Street, West Leederville - Commercial - Change of Use • 92 Blencowe Street, West Leederville - Additions

Subdivision/amalgamation applications

The following items were referred to the Western Australian Planning Commission with a recommendation for approval:-

• 409 Vincent Street West, West Leederville • 128 Blencowe Street, West Leederville • 71 Tate Street, West Leederville • 153 Jersey Street, Wembley • 180 Jersey Street, Wembley

POLICY/STATUTORY IMPLICATIONS:

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

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FINANCIAL IMPLICATIONS:

There 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.

COMMUNITY ENGAGEMENT

To provide the public with balanced and objective information to assist them in understanding the problem, alternatives, and/or solutions.

COMMITTEE AND ADMINISTRATION RECOMMENDATION

Moved by Mayor Shannon, seconded by Cr Nelson

That the Council RECEIVES the report on Delegated Decisions and Notifications dealt with under delegated authority for the period of February 2020.

Motion put and CARRIED (5/0)

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MINUTES

COMMUNITY AND RESOURCES COMMITTEE

16 MARCH 2020

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

7.1 INFRASTRUCTURE

CR20.23 Tender No. RFT 50-19 Cambridge Library and Boulevard Centre 3 CR20.24 Tender No. RFT 2020-07 for the Provision of Plumbing Maintenance Services 6 CR20.25 Tender No. RFT 2020-06 Provision of Property and Building Maintenance Services 9 CR20.26 Request for Tender RFT 2020-02 Provision for the Supply of Irrigation Parts 12 CR20.27 Request for Tender RFT 2020-05 Provision of Tree Maintenance Services 15 CR20.28 Request for Tender RFT 2020-03 Provision of Tree Pruning Services 18 CR20.29 Request for Tender RFT 2020-04 Provision of Turf Maintenance Services 21 CR20.30 Request for Tender RFT 2020-08 Supply and Delivery of a Road Sweeper with an Eductor 24 CR20.31 Town of Cambridge Draft Street Tree Masterplan 27 CR20.32 Harborne Park Upgrade – Concept Design 32 CR20.33 Coastal Viewing Platform 36 CR20.34 Intersection of Harborne Street, Powis Street and Jon Sanders Drive – Request for Pedestrian Traffic Signal Phase 39 CR30.35 Capital Works and Projects Register 2019-2020 43

7.2 COMMUNITY SERVICES

Nil

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7.3 CORPORATE BUSINESS

CR30.36 Wembley Golf Course – Online Booking Statistics (January and February 2020) 46

7.4 FINANCE

CR30.37 Payment of Accounts – February 2020 49 CR30.38 Investment Schedule – February 2020 52

7.5 GOVERNANCE AND LEGAL

CR30.39 Documents Sealed – March 2020 57 CR20.40 Register of Petitions as at 25 February 2020 59 CR20.41 Register of Notices of Motion as at 25 February 2020 62 CR20.42 WALGA – Local Government House Trust – Deed of Variation 66 CR20.43 Coastal Hazard Planning Issues Paper – WALGA Funding Request 70 CR20.44 Wembley Golf Course Bushland Fire - Update 73 CR20.45 Coronavirus (COVID-19) – Town Position Statement 76

8. CONFIDENTIAL REPORT

CR30.46 Ocean Mia – Vacant Lots and Contracts of Sale 81

9. CLOSURE

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 2

MINUTES OF THE MEETING OF COMMUNITY AND RESOURCES COMMITTEE OF THE TOWN OF CAMBRIDGE HELD AT THE ADMINISTRATION/CIVIC CENTRE, 1 BOLD PARK DRIVE, FLOREAT ON 16 MARCH 2020.

1. DECLARATION OF OPENING

The Presiding Member declared the meeting of the Community and Resources Committee open at 6.07 pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present: Time of Time of Entering Leaving

Members:

Cr Andres Timmermanis (Presiding Member) 6.07 pm 7.42 pm Mayor Keri Shannon 6.22 pm 7.42 pm Cr Kate Barlow 6.07 pm 7.42 pm Cr Rod Bradley 6.07 pm 7.42 pm Cr Gary Mack 6.07 pm 7.42 pm

Observers:

Nil

Officers:

John Giorgi, JP, Chief Executive Officer Kelton Hincks, Director Infrastructure & Works Cam Robbins, Director Corporate & Community Services (In at 6.31 pm) Roy Ruitenga, Manager Finance (In at 6.35 pm) Peter Foxcroft, Manager Technical Services & Works (until 6.48 pm) Andrew Head, Manager Parks & Natural Environment (until 6.48 pm) Josh Madden, General Manager Wembley Golf Course (In at 6.31 pm) Denise Ribbands, Senior Governance Officer

Members of the Public:

1 person

Media:

1 person

Adjournments: Nil

Time meeting closed: 7.42 pm

APOLOGIES/LEAVE OF ABSENCE

Nil

MINUTES – COMMUNITY AND RESOURCES COMMITTEE – 16 MARCH 2020 1 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

3. PUBLIC QUESTION TIME

Frank Yujnovich, 8 Kinta Street, City Beach Re: Parking at Ocean Mia

Question 1

At the public meeting held on 20 February 2019, the Administration was going to notify residents of what decisions had been made in writing. It has been 12 months since this meeting occurred and nothing has happened at this stage. Also at that meeting, the Administration was to investigate parking at Nos 30 to 40 Omaroo Terrace, however, similar parking problems exist at Nos 2 to 24 whereby residents can’t park on the road and therefore park on the crossover. Can the Town of Cambridge ensure it has a responsibility to all residents of the Ocean Mia Estate and not just a selected few?

Response

The Chief Executive Officer advised the Question would be taken on notice.

Question 2

Has the zoning of Lots 501 and 506 been changed from R30 to R40 medium density and does it mean that more units would be allowed on the lots?

Response

The Presiding Member Cr Timmermanis advised that the original zoning when the development was first done was R30. What then happened was that the R Codes at the State level changed and the lots in question then became R30/40. It was not a rezoning of the area. The definitions of the R codes changed and a lot of areas in the Metropolitan area had an up coding without people necessarily being aware that they had. Also, at the same time, the definition of what the R code in term of density meant also changed. The number of units allowed on those two sites would be as per originally envisaged.

4. DEPUTATIONS AND PETITIONS

Nil

5. CONFIRMATION OF MINUTES

Moved by Cr Barlow, seconded by Cr Bradley

That the Minutes of the Ordinary meeting of the Community and Resources Committee held on 17 February 2020 as contained in the February 2020 Council Notice Paper be confirmed.

Motion put and CARRIED (4/0) (Mayor Shannon not present at the meeting as she had not yet arrived)

6. DECLARATION OF MEMBERS' INTERESTS

Nil

7. REPORTS

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CR20.23 TENDER NO. RFT 50-19 CAMBRIDGE LIBRARY AND BOULEVARD CENTRE – REPLACEMENT OF AIR CONDITIONING SYSTEM

PURPOSE OF REPORT:

To provide Council with the details of the submissions received for Tender 50-19 - Cambridge Library and Boulevard Centre – Replacement of Air Conditioning System, document the results of the Tender assessment and make a recommendation on the award of the Tender.

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 & 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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 4 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Asset Management, Peter Maloney Contributing Officers: Coordinator Projects, George Putland Coordinator Building Maintenance, Phil Wellsteed Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and Recommendation Report.

BACKGROUND:

The existing air conditioning systems at the Cambridge Library and Boulevard Centre was installed in 2001 and has reached the end of its life expectancy. Furthermore, it has experienced several costly failures throughout the last few years.

Engineering consultants Norman Disney Young were appointed in 2018 to undertake the design and documentation associated with the replacement air conditioning system.

Tender 50-19 - Cambridge Library and Boulevard Centre – Replacement of Air Conditioning System was advertised in The West Australian Newspaper and on the Town’s website on 11 December 2019. The tender submission period closed on 6 February 2020, with four submissions received from the following tenderers;

1. Australian HVAC Services Pty Ltd; 2. ME Services; 3. Amek Engineering Pty Ltd; and 4. Apex Technical Services Pty Ltd.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 3 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

DETAILS:

All submissions were evaluated by a panel comprising of three Town Officers, in accordance with the Town's Policy 3.2.1 ‘Contracts and Procurement’, Procurement Business Rules; and the Tender documentation.

An assessment of the submissions was carried out against the following criteria:

1. Value for Money 40% 2. Demonstrated Understanding of The Required Task 25% 3. Capacity to Perform the Works 10% 4. Demonstrated Experience in Completing Similar Projects 20% 5. Local Economic Benefit 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 ‘Contracts and Procurement’ and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK MANAGEMENT IMPLICATIONS:

Low: The Town of Cambridge will mitigate risk by engaging contractors who are fully licensed and qualified to provide air conditioning system installation and commissioning, in accordance with the appropriate Australian Standards and professional work practices.

The Town will ensure that the equipment is replaced in a timely manner so as to prevent potential failure.

FINANCIAL IMPLICATIONS:

Funds for this capital project have been allocated in the 2019/2020 annual budget.

STRATEGIC DIRECTION:

The recommendations embrace the following strategies of the Town's Strategic Plan 2018 - 2028:

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

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 4 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

COMMUNITY ENGAGEMENT:

This Tender has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

Committee Meeting 16 March 2020

During discussion, the Administration was requested to provide further information on the past failures of the current system and associated costs, prior to the next meeting of Council.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the award of Tender 50-19 - Cambridge Library and Boulevard Centre – Replacement of Air Conditioning System, as outlined in Confidential Attachment 1.

Motion put and CARRIED (3/1)) (Mayor Shannon not present at the meeting as she had not yet arrived)

For: Crs Barlow, Bradley and Mack Against: Cr Timmermanis

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 5 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

CR20.24 TENDER NO RFT 2020-07 FOR THE PROVISION OF PLUMBING MAINTENANCE SERVICES

PURPOSE OF REPORT:

To provide Council with the details of the submissions received for Tender 2020-07 - Provision of Plumbing Maintenance Services, document the results of the tender assessment and make a recommendation on the award of the Tender.

SUMMARY:

Tender 2020-07 - Provision of Plumbing Maintenance Services was advertised in The West Australian Newspaper and on the Town’s website on 18 December 2019. The Tender is for a two year period with a one year option to extend at the Town’s discretion. The submission period closed on 28 January 2020 with fifteen submissions received.

An evaluation process was undertaken against the assessment criteria to establish the tenderer representing the best value for the Town. The full details of the assessment process and recommendation is provided in the Confidential Attachment RFT 2020-07.

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 & 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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 4 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Asset Management, Peter Maloney Coordinator Building Management, Phil Wellsteed, Building Maintenance Officers, Mark Mackney, Coordinator Projects, George Contributing Officers: Putland. Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and Recommendation Report.

BACKGROUND:

The Town utilises a panel of three registered plumbing contractors to provide plumbing services such as minor project works, scheduled maintenance and reactive repairs to the Town’s buildings and properties. The previous contract for these services has expired and there is an operational requirement for the Town’s to continue this critical service. The requirements of the tender also covers the following:

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 6 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020 a) Maintenance services required at short notice; b) Emergency and priority repairs; c) Emergency after hours call outs; and d) The need for licensed tradesmen on specific and or specialised projects.

Tender 2020-07- Provision of Plumbing Maintenance Services was advertised in the West Australian Newspaper and on the Town’s website on 18 December 2019. The tender submission period closed 28 January 2020, with fifteen submissions received from the following tenderers:

1. AE Hoskins; 2. AUS Plumbing; 3. Dorrington Plumbing & Gas; 4. Eco Plumbing; 5. Hilton Plumbing & Gas; 6. JCS Plumbing; 7. Majestic Plumbing & Gas; 8. Maxey Plumbing & Gas (Not Compliant); 9. MI Plumbing; 10. New Plumbing; 11. OnTap Plumbing & Gas; 12. Snap Plumbing & Gas; 13. Swift Flow Plumbing & Gas (Not Compliant); 14. Techworks Plumbing & Gas; and 15. Zambezi Plumbing & Gas.

DETAILS:

All submissions were evaluated by a panel comprising of three Town Officers, in accordance with the Town’s Procurement Business Rules Manual and as per the specifications in the Tender documentation.

An assessment of the submissions was carried out against the following criteria:

1. Value for Money Weighting 40% 2. Capacity to Perform the Works Weighting 30% 3. Record of Delivering Similar Projects Weighting 25% 4. Local Economic Benefit Weighting 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 Contracts and Procurement and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK MANAGEMENT IMPLICATIONS:

Low: The Town of Cambridge will mitigate risk by engaging contractors who are fully licensed and qualified to provide plumbing maintenance and repairs services, in accordance with the appropriate Australian Standards and professional work practices.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 7 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

FINANCIAL IMPLICATIONS:

Funds for plumbing maintenance services has been allowed for in existing operational budgets and in the Draft 2020/2021 Building Maintenance Budgets.

STRATEGIC DIRECTION:

The recommendations embrace the following strategies of the Town's Strategic Plan 2018 - 2028:-

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

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

COMMUNITY ENGAGEMENT:

This Tender has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES awarding Tender 2020-07- Provision of Plumbing Maintenance Services as outlined in Confidential Attachment 1.

Motion put and CARRIED (4/0) (Mayor Shannon not present at the meeting as she had not arrived)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 8 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

CR20.25 TENDER NO. RFT 2020-06 PROVISION OF PROPERTY AND BUILDING MAINTENANCE SERVICES

PURPOSE OF REPORT:

To provide Council with the details of the submissions received for Tender 2020-06 - Provision of Property and Building Maintenance Services, document the results of the tender assessment and make a recommendation on the award of the Tender.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 4 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Asset Management, Peter Maloney Coordinator Building Management, Phil Wellsteed, Building Contributing Officers: Maintenance Officers, Mark Mackney and Steve Kesich Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and Recommendation Report.

BACKGROUND:

The provision of building maintenance services for the Town includes the following: a) Property maintenance services (Roof maintenance, door maintenance, carpentry and painting); b) Property repairs (Glazing, carpets, roofing and fencing); and c) Building installation (Building refurbishment, windows, roof construction, carpets, kitchens and the like).

Building maintenance contractors also assist the Town’s Administration staff when there is a requirement to: a) Provide reactive repairs required at short notice; b) Emergency repairs; c) Emergency after hours call outs; and d) The need for licensed tradesmen on specific projects.

Tender 2020-06 - Provision of Property and Building Maintenance Services was advertised in The West Australian Newspaper and on the Town’s website on 18 December 2019. The tender

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 9 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020 submission period closed 28 January 2020, with 10 submissions received from the following tenderers:

1. AWB Company; 2. Oban Group; 3. Hyde & Sons; 4. Marawar Building Services; 5. Enviro Infrastructure; 6. JDS; 7. AE Hoskins; 8. Precise Builders; 9. Schlager Builders; and 10. CDI Property Services.

DETAILS:

All submissions were evaluated by a panel comprising of three Town Officers, in accordance with the Towns Procurement Business Rules Manual and as per the specifications in the Tender documentation. The assessment of the submissions was carried out against the following criteria:

1. Value for Money Weighting 40% 2. Capacity to Perform the Works Weighting 30% 3. Record of Delivering Similar Projects Weighting 25% 4. Local Economic Benefit Weighting 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 Contracts and Procurement and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK MANAGEMENT IMPLICATIONS:

Low: The Town of Cambridge will mitigate potential risk by engaging contractors who are fully licensed and qualified to provide maintenance and repairs services to the Town, in accordance with the appropriate Australian Standards and professional work practices.

FINANCIAL IMPLICATIONS:

The funds for property and building maintenance services has been allowed for in the 2019/2020 Building Maintenance Budgets.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 10 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

STRATEGIC DIRECTION:

The recommendations embrace the following strategies of the Town's Strategic Plan 2018 - 2028:-

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

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

COMMUNITY ENGAGEMENT:

This Tender has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the award of Tender 2020-06, Provision of Property and Building Maintenance Services as outlined in Confidential Attachment 1.

Motion put and CARRIED (4/0) (Mayor Shannon not present at the meeting as she had not arrived)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 11 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

CR20.26 REQUEST FOR TENDER RFT 2020-02 PROVISION FOR THE SUPPLY OF IRRIGATION PARTS

PURPOSE OF THE REPORT:

To provide Council with the details of the submissions received for Tender 2020-02 - Provision of Supply and Delivery of Irrigation Parts, document the results of the tender assessment and make a recommendation on the award of the Tender.

SUMMARY:

Tender 2020-02 - Provision of Supply and Delivery of Irrigation Parts was advertised in The West Australian Newspaper and on the Town’s website on 18 December 2019 and closed on 4 February 2020, with four submissions received. The scope for the service in general is for the supply and delivery of irrigation parts for the Town’s public open spaces and streetscapes.

An evaluation process was undertaken against the assessment criteria to establish the tenderer representing the best value for the Town. The full details of the assessment process and recommendation is provided in the Confidential Attachment RFT 2020-02.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 4 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Head Contributing Officer: Nil Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and Recommendation Report

BACKGROUND:

Tender 2020-02 – Provision of Supply and Delivery of Irrigation Parts was advertised in the West Australian Newspaper and on the Towns website on 18 December 2019. The Tender submission period closed 4 February 2020, with four submissions received from the following tenderers:

1. Elliotts Irrigation PTY LTD; 2. LD Total; 3. Total Eden; and 4. Thinkwater.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 12 COUNCIL TUESDAY 24 MARCH 2020

3. PUBLIC QUESTION TIME

Questions Taken 'on notice' at 25 February Council Meeting

Ms Sharon Goodchild, 33 Browne Avenue, Dalkeith

(Received by on line submission dated Sunday 19 January 2020 @ 12:34pm AWST; Receipt No QT100198)

Re: Poor Behaviour of Cyclists

Statement

I am a Senior Citizen who no longer feels safe anywhere near cyclists. My main concerns are that as Cycling has become more and more popular / main stream, for many reasons e.g. promoting health etc, cyclists have become more and more intolerant of pedestrians. Cyclists are becoming more and more aggressive, rude, poorly behaved, inconsiderate and believe they have right of way over everyone.

The Law for Cyclists states the following: 1. The rider of a bicycle shall not unreasonably obstruct or prevent the free passage of vehicles or pedestrians by moving into the path of a vehicle or pedestrian - Fine $50 2. Cyclists must use a cycle path if there - Fine $50 3. Pedestrians always have right of way 4. On the footpath - cyclist must ride in single file and give way to pedestrians 5. Cyclist should be courteous.

Ms Goodchild draws Elected Members’ attention to an article detailed in “Letters to the Post” on 8 February 2020 relating to this issue.

Question 1

Does the TOC have any By Laws with penalties in place to address dangerous and inconsiderate behaviour of cyclists, if not I would like to see them introduced. I believe that Rangers have certain powers in relation to such things as parking offences etc - For the safety of all I would like to see this extended to the unacceptable behaviour of cyclists. I would be grateful for your comments / information on the above. Kind regards, Sharon Goodchild

Response

A reply to the above question was provided, by email ([email protected]) on Friday 24 January 2020 at 9:10am from the Towns’ Manager Regulatory Services. The email contained the below response from the Towns’ Acting Coordinator of Rangers and Community Safety:

“Cyclists are permitted to ride on the road or on the footpath, but must obey all rules contained within the Road Traffic Code 2000 and in the Road Traffic Act 1974. Only Police are authorised to enforce laws pertaining to cyclists as they generally fall outside of Ranger jurisdiction. Council can only create local laws that permit / deny use of things like bicycles, skateboards or roller skates in public areas owned by the town, like reserves”.

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Graham Hornel, 91 Empire Avenue, City Beach

(Received by on line submission dated Friday 21 February 2020 @ 11:53AM AWST; Receipt No QT100203)

Re: Purchase of 12 Seater Minibus

Statement

In response to my question on Unbudgeted Expenditure of $65,000 on the purchase of a 12 seater Minibus, as submitted to the 17 December, 2019 OCM, the CEO stated that my enquiry about a realistic estimate of the total operating costs of that bus in its first year of operation alone, could not be answered, since the bus had not yet been purchased at that time, therefore, these costs were "yet to be specifically determined". The 'Cambridge News' issue of the 21 February, 2020 confirmed the very welcome news - especially for our Town's Seniors - that two minibuses have been purchased and are now in operation.

Question 1

Accordingly, the CEO is requested to confirm the total purchase cost of these two minibuses, including any modifications that were required to meet accessibility standards, per his response above.

Response

The Town has purchased only one (1) 12 seater bus at a cost of $47,894 (Incl. GST). The other 12 seater bus was an existing one, previously used by the Town of Cambridge Youth Services. The modifications costs are still being finalised.

Question 2

Now that these two vehicles will be used for a variety of runs, including some to destinations far away from our Town, what is now a realistic estimate of the total running costs for year one of operation, including adequate insurance for both drivers and passengers, for both vehicles and for maintenance and fuel?

Response

This has yet to be determined, other than insurance coverage, which is currently being finalised.

Question 3

In his response to my question about who will drive these buses, the CEO also stated "existing staff will be used and no additional staff costs have been approved". Can he now confirm both which existing staff hold the appropriate Light Passenger Vehicle licenses and will be the drivers and how the driving duties planned matches and relates to their current job descriptions and rates of pay?

Response

Both Community Buses are 12-seater vehicles, and only a current C class drivers licence is required. The buses will be driven by existing staff and volunteers.

Staff driving the buses for the Seniors outings do so as part of their duties.

All Position descriptions align with the relevant grades and rates of pay as outlined in the Town’s Collective Agreement 2018.

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(Received by on line submission dated Friday 21 February 2020 @ 12:27PM AWST; Receipt No QT100204)

Re: “Post” Newspaper Article of 23 November 2019

Statement

A 'POST' Newspaper article of 23 November, 2019 with the headline "Timmermanis blasts City Beach wheelchair ramp", reported that, despite the very strong objections of Councillors Nelson and Timmermanis, Unbudgeted Expenditure of $35,000 was approved for the installation of a new path and wheelchair ramp at City Beach.

Question 4

Three months later, can the CEO confirm that, as was intended at the time of approval, this project has been fully completed - and, if not, what are the exact reasons for the delay?

Response

The project is near completion, with delays being experienced with delivery of the equipment. As approved by Council, the Town purchased a beach wheelchair and accessible matting. The equipment had to be sourced from the eastern state and with the bush fire crisis there were delays with delivery. The equipment arrived on 26 February 2020. Trials will be conducted during March 2020 before being available to the public in April 2020.

Question 5

Can the CEO also now confirm that, per the requirements of the Disability Discrimination Act (1992) and current Australian Disability Standards, the approved Unbudgeted Expenditure for this new path and wheelchair ramp was both fully justified; and indeed necessary?

Response

Please note that, as approved by Council, a beach wheelchair and accessible matting has been purchased, not a new path and wheelchair ramp.

It is not a legal obligation under the Disability Discrimination Act (1992) to provide disability access to the beach, however, it meets the objective of the Act:

Part 1—Preliminary 3 Objects The objects of this Act are: (a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of: (i) work, accommodation, education, access to premises, clubs and sport; and (ii) the provision of goods, facilities, services and land; and (iii) existing laws; and (iv) the administration of Commonwealth laws and programs; and (b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.

However, under The Disability Services Act 1993 (amended 2004), it is a statutory requirement that the Town has a Disability Access and Inclusion Plan (DAIP) in place to assist in the planning and implementation of improvements to access and inclusion for its residents, ratepayers and

H:\Ceo\Gov\Council Agenda\20 Agenda\3. 24 March 2020\24 March 2020.docx 3 COUNCIL TUESDAY 24 MARCH 2020 visitors. The DAIP requires the Town to satisfy outcomes across 7 key areas, services and events, Building and facilities, Information, Services from Staff, Complaints, Public Consultation, and Employment. The DAIP assists the Town in meeting its legislative obligations of the Disability Discrimination Act (1992).

Providing access to the beach falls under Outcome 2, Building and facilities which states that People with disability have the same opportunities as other people to access the buildings and other facilities of the Town of Cambridge.

This meets the Town’s strategy for the 2018-2022 DAIP to Continue to improve the accessibility of parks, reserves and play facilities to encourage greater participation. (Note, the beach is included in Parks and reserve).

It should be noted that improvements of the DAIP not only benefits people with disability but also many people in the community including the elderly, parents and carers with young children and people from culturally and linguistically diverse backgrounds.

This project also meets the following goals of the Town’s Strategic Community Plan 2018 – 2028, including:

Strategy 1.1 Encourage and support participating in a range of public activities and events where residents can gather and interact. Strategy 3.1 Focus on improving and expanding those places where community groups interact to encourage greater participating. Strategy 3.3 Encourage a range of activities that better align with the diverse needs of ratepayers of all ages, culture and abilities. Strategy 3.4 Act to create and maintain safe, friendly and open environments that residents can access and enjoy.

Question 6

Given the Mayor's related statement that, back in 2016, 3.5% of Cambridge residents lived with a disability that requires daily support - will similar upgraded mobility accessibility work now be undertaken at Floreat Beach - and at every large park in our Town; providing Cambridge with the leadership opportunity to establish an excellent example for other Local Government entities to follow?

Response

Future accessible improvements of the Town’s buildings and facilities will be captured in the Facility Disability Upgrade Plan which is currently underway and will be delivered in order of priority and subject to Council approval.

All new projects are designed to achieve compliance wherever practical. Many of the Town’s reserves already contain DAIP compliant paths including Lake Monger, Perry Lakes, City Beach and Beecroft Park, and accessible furniture such as drink fountains, BBQ’s and playgrounds

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(Received by on line submission dated Friday 21 February 2020 @ 1:18PM AWST; Receipt No QT100205)

Re: Unbudgeted Expenditure Notice of Motion lodged by the Mayor for the period 1 November 2018 up to and including 17 December 2019

Statement

In response to my Question 3 about the total number and value of the Unbudgeted Expenditure Notices of Motion lodged by the Mayor for the period from 1 November, 2018 up to and including 17 December, 2019, the CEO stated that the total was two only for $158,000, out of the grand total of $781,000 Unbudgeted Expenditure for that period. In context and in seeking further clarification, I raise two matters. The first pertains to the Mayor's 24 September, 2019 Notice of Motion which appears to have been lodged during the period in which, per the Act, the Council was in Caretaker Mode. The second is in relation to the attachment to CR 20.22 per the Agenda for the 17 February, 2020 Community and Resources Committee Meeting, which clearly shows that the Mayor lodged the massive total of 19 Notices of Motion during Calendar 2019 alone.

Question 7

Can the CEO now confirm, or dispute that, per the Act, Notices of Motion and similar can not be either lodged or discussed by Council when it is in pre-Election Caretaker Mode?

Response

The Notice of Motion 12.3 – Additional Coaster Bus for Seniors Hub Activities’ purpose and subsequent recommendation was to receive a report for Council’s October 2019 meeting. No financial commitment was made by Council at the September 2019 meeting.

The Mayor and other Elected Members of Council can submit Notices of Motion, providing they comply with the Council Policy No: 1.1.12 – ‘Election Caretaker Policy’.

Question 8

If both the two only Unbudgeted Expenditure Notices of Motion lodged by the Mayor during 2019 as stated by the CEO and the 19 Notices of Motion showing as lodged by her during 2019 in the attachment to CR 20.22, are a true record as stated, is it possible that, due to another "administrative error", either total is in fact inaccurate?

Response

Not all the Notices of Motions resulted in unbudgeted expenditure. The amount of $158,000 unbudgeted expenditure resulting from the Mayor’s Notices of Motions is correct.

Question 9

If so, and for the record, will the CEO now confirm the accurate totals for each.

Response

This question will, in the opinion of the CEO, would divert a substantial and unreasonable portion of the local government’s resources away from other functions. Accordingly, it will not be researched.

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Question 10

Given that, according to that CR 20.22 attachment, a number of Elected Members lodged no Notices of Motion during all of 2019, is it agreed and recognised that the Mayor's total of 19 is in fact excessive by comparison to her Local Government entity counterparts?

Response

The Town is not aware of what happens in other local governments and therefore cannot provide a comment.

(Received by on line submission dated Sunday 23 February 2020 @ 8:36AM AWST; Receipt No QT100206)

Re: Per Section 5.53(2)(G) of the Act and Local Government (Administration) Regulations 1996, Regulation 19B

Statement

Per section 5.53(2)(g) of the Act and Local Government (Administration) Regulations 1996, Regulation 19B, the annual report of a local government for a financial year is to contain the following information: (a) the number of employees entitled to annual salaries of $100,000 or more; and (b) the number of those employees with an annual salary entitlement that falls within each band of $10,000 over $100,000.

Question 11

Can the CEO fully explain the reasons for his failure to ensure that this required, significant information was not included in the 2018-2019 Annual Report?

Response

The relevant page in the Annual Report specifying this information was omitted due to a printing error. This has now been rectified.

Question 12

Can the CEO now confirm what actions will be taken without delay to remedy this failure and to ensure that Regulation 19B is fully complied with by the Town of Cambridge?

Response

Refer response to Question 11.

(Received by on line submission dated Sunday 23 February 2020 @ 8:46AM AWST; Receipt No QT100207)

Re: Breach in s5.107(3) of the Local Government Act 1995 due to Non-Compliance

Statement

Directly supported by the confirmation that I received twice from Mr. Michael Connolly, Deputy Director General - Regulation, DLGSC, the CEO was in Breach of section 5.107(3) of the Act, due to Non-Compliance. This Breach occurred because, as the Town’s Complaints Officer, the CEO failed to deliver to me the written acknowledgment that the Act requires be delivered within 14 days. I have to date submitted seven online questions to the October, November and

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December, 2019 OCMs respectively, requesting that, for the record, the CEO both admit and confirm his Breach and Non-Compliance. As is very clear from an email that he sent to me on 31 January, 2020, the CEO remains determined to ignore a Ratepayer's requests, which are clearly supported by fact, that he deliver full transparency and the whole truth in his final response.

Question 13

Given that I very clearly pointed out in my email to him of 28 December, 2019 - sent in response to his unsigned letter to me of 18 December - that he has had repeated opportunities to fully deliver in response to reasonable requests and to very easily finalise this matter - will the CEO now fully explain his continuing recalcitrance and refusal to properly respond?

Response

The Town has provided previous responses on a number of occasions and has not refused to respond. The Town has previously sent you three letters in response to your repeated questions, as follows:

1. 22 October 2019 concerning Council Meeting of 15 October 2019; 2. 6 December 2019 concerning Council Meeting of 26 November 2019; 3. 18 December 2019 concerning Council Meeting of 17 December 2019.

In addition, an email was sent to you at 8.51am on 31 January 2020. All three of the above letters and the email have clearly stated the Town's position, which remains unchanged.

Ms Pauline O’Connor, 1 Talgarth Way, City Beach

(Received by on line submission dated Monday 24 February 2020 @ 8:49AM AWST; Receipt No QT100208)

Re: Payment of Account CR20-11

Statement

23/12/2019 John Giorgi Reimbursement expenses food for Council meal, parking various meetings $140.31.

Question 1

Why have you claimed expenses for a Council meal when catering is provided at meetings?

Response

The CEO did not claim expenses for a Council meal. The CEO did claim re-imbursement of parking fee expenses and for food products purchased for Town catering purposes.

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(Received by on line submission dated Monday 24 February 2020 @ 9:00AM AWST; Receipt No QT100209)

Re: Payment of Accounts CR20-11

Statement

24/1/2020 Town Employee Reimbursement Study Allowance $2325.00.

Question 2

Which department does this employee work in?

Response

This is confidential information which has been approved in accordance with the relevant Council Policy.

Question 3

What subject is this employee studying?

Response

This is confidential information which has been approved in accordance with the relevant Council Policy.

(Received by on line submission dated Monday 24 February 2020 @ 1:55PM AWST; Receipt No QT100210)

Re: Annual General Meeting of Electors Minutes

Statement

The CEO is to ensure minutes of the Annual General Meeting of Electors be taken and kept. If there are decisions made at the meeting then the minutes must be available to the public before the council meeting. s5.32 the CEO is to — (a) cause minutes of the proceedings at an electors' meeting to be kept and preserved; and (b) ensure that copies of the minutes are made available for inspection by members of the public before the council meeting at which decisions made at the electors' meeting are first considered. 2. Contents of the Annual Report for the 2018/2019 Financial Year 2.1 Mayor’s Report 2.2 Chief Executive Officer’s Report 2.3 Financial Statements Period Ending 30 June 2019.

Question 4

Mr Giorgi, Council made a decision to adopt the Contents of the Annual Report for 2018/2019 Financial Year items 2.1 to 2.4 inclusive. Why have the AGM Minutes still not been made public on the Town's website?

Response

The Town’s website has been updated.

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10. COUNCIL REPORTS

10.1 MONTHLY FINANCIAL STATEMENTS, REVIEW AND VARIANCES – FEBRUARY 2020

ADMINISTRATION RECOMMENDATION:

That Council RECEIVES the report on the Financial Statements for period ended 29 February 2020.

PURPOSE OF REPORT:

To receive the Financial Statements for period ended 29 February 2020.

SUMMARY:

The February 2020 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 29 February 2020.

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.  Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 20 March 2020 Responsible Officer: Director Corporate and Community Services, Cam Robbins Reporting Officer: Manager Finance, Roy Ruitenga Contributing Officer: Nil Reporting Officer Interest: Nil Attachments: Financial Statements - February 2020

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DETAILS:

Charts of key financial indicators are provided below comparing year to date actual figures against the year to date budget.

Operations Capital Expenditure $60,000 $25,000 $50,000 $20,000 $40,000 $15,000

$30,000 $'000 $10,000 $'000 $20,000 $5,000 $10,000 $0 $0 Capital Expenditure Current YTD Budget YTD Actual Current Budget $20,611 Budget YTD Budget $11,839 Revenue $51,838 $41,652 $42,621 YTD Actual $4,766 Expenditure $51,189 $34,288 $32,519 Operating Profit/(Loss) $649 $7,364 $10,102

Reserves & ELA Transfers Net Current Assets ($'000) $1,000 Current $500 Liabilities - $0 $10,744 -$500 $'000 -$1,000 -$1,500 -$2,000 Current YTD YTD Budget Budget Actual Transfers to/(from) -$2,121 -$230 $6,687 Current Assets Reserves $61,961 Transfers to/(from) $604 -$45 $765 Endowment Lands

Investments ($'000) Endowment Lands, $2,522

General Funds $21,264

Reserves, $30,826

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The following comments are provided and should be read in conjunction with the Statement of Financial Activity for February 2020 (Rate Setting Statement) in Attachment 1.

1. Operating Revenue

Operating revenue year to date is $42.6 million compared to YTD budget of $41.7 million, giving a favourable variance of $969k. Significant variances are as follows: a. Fees and Charges

Actual fees and charges for February 2020 YTD is $13.9 million compared to YTD budget of $13.5 million, giving a favourable variance of $448k or 3.3%. The variance is mainly a result of fees and charges being above YTD budget across several operational areas including the golf course green and driving range fees, ($364k), building fees ($39k), parking control ($81k). b. Operating Grants, Subsidies and Contributions

Actual Operating Grants, Subsidies and Contributions for February 2020 YTD is $1.2 million compared to YTD budget of $892k, giving a favourable variance of $281k or 31.5%. The favourable variance is mainly due to the reimbursement of underground power in kind costs $135k.

2. Operating Expenses

Operating expenses year to date is $32.5 million compared to budget of $33.4 million, giving a favourable variance of ($842k) or 2.5%. Significant variances are as follows: a. Materials and Contracts

Actual expenditure for February YTD is $10.7 million against YTD budget of $11.2 million, giving a favourable variance of $471k or 4.2%.

The following timing variances exist:

• Clubs leased premises non-capital works $169k under YTD budget; • Road Reserves non-capital works $120k under YTD budget; • Planning program expenditure $166k under YTD budget. b. Employee Costs

Actual expenditure for February 2020 YTD is $12.7 million against YTD budget of $13.2 million, giving a favourable variance of $454k, or 3.4% with some vacancies across operational areas contributing to the result. c. Depreciation on Non-current Assets

Actual expenditure for February 2020 YTD is $6.1 million against YTD budget of $6 million giving a favourable variance of $142k, or 2.4%. d. Legal Expenses

The Town’s legal expenses for the period 1 July 2019 until 18 March 2020 are $295,242.

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3. Net Operating Result

The net operating surplus from operations is $16.3 million compared to YTD budget of $14.3 million, giving a favourable variance of $2 million.

Net Operating Result 28.0 24.0 20.0 16.0 Budget 12.0 Actual 8.0 4.0 0.0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

4. Capital Grants, Subsidies and Contributions

The total amount of funds received for the Town's capital works program for the period ended 29 February 2020 is currently under budget by $1.2 million. This is predominantly due to a timing variance with respect to grant funded capital road infrastructure projects ($885k) which are currently in progress and will be claimed over the forthcoming months.

5. Capital Works Programs

The total amount of funds spent on the Town’s capital works program for the period ended 29 February 2020 is $4.8 million against budget of $11.8 million, giving a favourable variance of $7.1 million. Capital projects are currently in various stages of progress. In addition, a number of projects totalling $6.1 million have been identified as potential carry forward projects for the 2020/2021 financial year, from the mid-year budget review, being reported to Council this month.

A brief overview of the capital works programs shows the following timing variances:

• Buildings - $776k spent against year to date budget of $2.1 million; • Parks and Reserves - $918k spent against year to date budget of $2.7 million; • Roads and Lanes - $2.2 million spent against year to date budget of $4.0 million; • Carparks - $13k spent against year to date budget of $693k; • Footpaths - $150k spent against year to date budget of $866k.

6. Cash Surplus (Closing Funds)

The cash surplus as at 29 February 2020 is $14.5 million which is above the year to date budget of $9.4 million, giving a favourable variance of $5.1 million. The surplus is predominantly due to the under expenditure with respect to materials and contracts and capital works.

This surplus will decline as the year progresses with day to day operational expenditure and the carrying out of budgeted capital works.

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Cash Surplus ($ millions) 30.0 28.0 26.0 24.0 22.0 20.0 18.0 16.0 Budget 14.0 12.0 Actual 10.0 8.0 6.0 4.0 2.0 0.0 July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

7. Material Variances

Permanent variances above $30k and timing variances above $100k for specific line items are normally reported upon. As at 29 February 2020, there are a few material timing variances to report upon as follows:

• Building capital works ($1.4 million) under YTD budget with Lake Monger Community shed ($435k) and Wembley Golf Course Machinery Shed ($756k) projects under budget; • Parks and reserves capital works ($1.8 million) under YTD budget predominantly due to the Perth Netball Association – conversion of court install light ($604k) under budget, Perry Lakes Water Replenishment project ($442k) under budget, various parks playground equipment ($220k) under budget, City Beach Tennis Club – hard court surface refurbishment ($180k) under budget and Beecroft Park improvement program ($100k) under budget. • Roads and lanes capital works ($1.8 million) under YTD budget predominantly due to road surfacing projects Oceanic Drive (Sunnyside – Cale) ($200k), Windarra Drive ($103k) and Rochdale Rd (McClemans - Boundary) ($115k), Ruislip St (Gregory - Kimberley) ($128k) under budget and various road works projects ($822k) under budget. • Planning - Leederville Hub Planning and Strategic Projects are currently $166k and $140K under YTD budget. • Governance Management - Legal Expenses $35k over budget, relates to legal advice on a number of matters.

The variances noted are generally attributable to timing differences or the profile of the monthly distribution of the budget, over the year.

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.

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RISK MANAGEMENT IMPLICATIONS:

Low: The financial statements have been produced in accordance with the adopted budget for the 2019/2020 financial year and in accordance with applicable local government legislation.

FINANCIAL IMPLICATIONS:

The variations in expenditure and revenue line items, compared to budget, February 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:

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 purely administrative in nature with no external impacts envisaged.

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10.2 MID YEAR BUDGET REVIEW 2019-20 - APPROVAL

ADMINISTRATION RECOMMENDATION:

That Council APPROVES BY AN ABSOLUTE MAJORITY to ADOPT the mid-year budget review for the 2019/2020 financial year as detailed in this report and Attachments 1-3, in accordance with Regulation 33A of the Local Government (Financial Management) Regulation 1996.

PURPOSE OF REPORT:

To consider and adopt the mid-year budget amendments for the 2019/2020 financial year.

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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge, 1 Bold Park Drive, Floreat Report Date: 20 March 2020 Responsible Officer: Chief Executive Officer, John Giorgi JP Reporting Officers: Director Corporate and Community Services, Cam Robbins Manager Finance, Roy Ruitenga, Contributing Officer: N/A Reporting Officer Interest Nil Attachments: 1. Mid-year budget review based on the January 2020 financial statements presented to the February 2020 Council meeting. 2. Mid-Year Budget Review 2019-2020 Amendments 3. Budget 2019-2020 Amendments - Confidential Items

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SUMMARY:

A review of this financial year's 2019/2020 budget forecasted a minor surplus of $129k for year- end. However, given the unfolding events associated with the COVID-19 virus, this year-end forecast position may very well change. It is difficult to gauge the impact as the situation is rapidly and continually evolving, with event cancellations and declining patronage of the Town’s centres becoming more prevalent, potentially impacting the Town’s financial position.

The forecast position at this time, has been based on normal current known events and, as mentioned, will change as the year progresses and programmes and capital works are completed. The current forecast is the culmination of variations forecast for year-end across both revenue and expenditure budget items both favourable and unfavourable.

Overall revenue projections are expected to be an unfavourable ($3.2 million) under budget. This is predominantly due to the gain on disposal being ($3.5 million) less than forecast with Parkside Walk land proceeds budgeted being recognised in the previous financial year. This has no impact on general purpose funding or the net forecast result, as proceeds were budgeted to be transferred to reserves.

Fees and charges revenue are forecast to be $139k above budget, with additional revenue generated from golf course operations ($352k), with an increase in patronage, and on line bookings having a positive impact. Interest earnings are forecast to be an unfavourable variance ($79k) with interest rates declining as the Reserve Bank continues to cut the cash rate.

Operating grants, subsidies and contributions are forecast to be a favourable variance of $170k, relating to unbudgeted items, underground power ‘in-kind’ costs of $112k received, and grant funding of ($111k) for road surfacing project “Brookdale St Northbound (Alderbury – Oceanic) not envisaged at time of budget preparation. Other revenue/income is forecast to be a favourable variance ($86k) with insurance reimbursements received relating to the previous financial year.

Variations to operating expenditure is generally due to timing differences, with forecast cash outflows expected to be ($314k) under budget, mainly due to a mixture of savings in employee costs anticipated ($104k) and an decrease in materials and contractors of ($235k). Non-capital works and programmes totalling $445k are expected to be carried forward for the 2020/2021 financial year.

The capital program is forecast to be $5.3 million under year-end budget, with $6.1 million in capital works anticipated to be carried forward into next year, including the Perry Lakes Water Replenishment project ($2.3 million).

As per the rate setting statement, $1.25 million of carry forward works are funded by general purpose funds, with the remainder funded by a mixture of grant, reserve and endowment lands funds.

BACKGROUND:

The Local Government Act 1995 and Regulation 33A of the Local Government (Financial Management) Regulations 1996 require that a local government undertakes a review of its annual budget for that year between 1 January and 31 March.

The budget review must then be submitted to the Department of Local Government, Sport and Cultural Industries (the Department) within 30 days after the Council has made its determination. The Department does not prescribe a format for the budget review, however the Regulations prescribe that the review must: -

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1. Consider the local government's financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year;

2. Consider the local government's financial position as at the date of the review; and

3. Review the outcomes for the end of that financial year that are forecast in the budget.

A detailed review has been undertaken based on the actual year to date income and expenditure to 31 January 2020, with projections made to forecast the likely end of financial year result compared to the current budget.

Based on the input from across the organisation, various adjustments have been proposed. The 'proposed revised budget 2019/2020', which is inclusive of previously endorsed amendments by Council, together with recommendations from the mid-year review, is detailed in the following attachments:

(a) Mid-year budget review based on the January 2020 Financial Statements presented to February 2020 Council meeting - Attachment 1 (b) Budget Amendments 2019-20 - Attachment 2 (c) Budget Amendments 2019-20 (Confidential Items) - Confidential Attachment 3

Tasks:

The following tasks have been undertaken:

1. Conducting an assessment of material variances to determine whether they are permanent or timing differences; 2. Identifying any offsetting increases in income or reductions in expenditure that will help reduce major variances; 3. Establishing whether the budget review process and recommendations have a material impact on the long term plans; 4. Establishing whether at the close of the financial year there is sufficient working capital to meet current commitments before the following year’s budget is adopted; 5. Identifying projects that may not be completed and which will need to be carried forward into the new financial year for inclusion in the following year’s budget; 6. Identifying grants and contributions received that are likely to remain unspent at the close of the financial year.

DETAILS:

The purpose of this report is to provide a brief overview with more detail provided in the report attachments.

Current Budget YTD Budget YTD Actual YTD YTD Forecast 2019/2020 31-Jan-20 31-Jan-20 Variance Variance 30-Jun-20 $'000 $'000 $'000 $'000 % $'000

CASH SURPLUS/(DEFICIT) 7,514 15,474 17,705 2,231 14.4% 8,134 FROM OPERATIONS

NON OPERATING ACTIVITIES (14,028) (8,587) (3,532) 5,056 (58.9%) (13,000) SURPLUS/(DEFICIT)

SURPLUS/(DEFICIT) FROM ALL (6,514) 6,887 14,173 7,286 105.8% (4,866) ACTIVITIES

OPENING FUNDS/CASH 6,239 4,909 3,858 (1,050) (21.3%) 4,995 RESERVES UTILISED (NET)

CLOSING FUNDS (275) 11,796 18,032 6,236 52.9% 129

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The end of year result, could result in a deficit given the potential impact of the COVID-19 virus, on Council operations over the remainder of the financial year and could finish minus ($500k) from the above forecasted surplus budget position of $129k.

The following commentary should be read in conjunction with the revised rate setting statement and detailed commentary contained in Attachment 1.

Operations

The net cash position for operations was estimated to be a $7.5 million surplus, after adjusting for non-cash movements. The forecast year end position is expected to be $8.1 million surplus, a $600k variance.

Other areas of revenue and expenditure are forecast to only experience minor fluctuations from budget for year end, with the exception of the following budget items.

Interest Earnings

Interest earnings at the end of January 2020 are above budget by $57k or 4.4%, mainly relating to interest from rates and underground power. Interest from municipal, reserve and Endowment Lands Account are under budget with the Reserve Bank continuing to cut interest rates, well below those rates anticipated at time of budget adoption. It is expected that the low interest rate environment will remain with an unfavourable variance of ($72k) forecast for year end.

Gain on Disposal of Assets

The net unfavourable variance of ($3.528 million) is due to a ($3.5 million) budget adjustment being made with respect to Parkside Walk. Actual land sale proceeds of $4.55 million were recognised in the previous financial year, an outcome of the 2018/2019 year end audit. This has no impact on the year-end position with proceeds subsequently transferred to the Area Improvement Reserve.

Employee Costs

Employee costs are projected to be under budget for year-end ($104k), mainly due to savings associated with staff vacancies, across several operational areas. These savings were partially offset by a back pay made during the year to golf operations staff, in line with their enterprise bargaining agreement.

Materials and Contracts

The favourable variance of ($230k) includes programs and non-capital works totalling $445k to be carried forward for the 2020/2021 financial year. A number of favourable and unfavourable variances are discussed in more detail in the attachments 1, 2 and 3 (confidential) to this report.

Non-Operating Revenue

Non-operating revenue is forecast to be below budget by ($4.3 million) with $2.3 million projected for year-end against budget of $6.6 million. The decrease in revenue is a mixture of the following adjustments:

1. Permanent budget adjustment of ($3.5 million,) being sale proceeds from Parkside Walk, recognised in the previous financial year.

2. Lotterywest grant reduced ($600k), a unfavourable permanent variance, with Lake Monger Community Shed grant funding now at $200k, with this amount being claimed next year

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with capital project works of $1.3 million, anticipated to be carried forward for the 2020/2021 financial year.

3. A permanent favourable variance, with an additional grant of $111k received for road surfacing project “Brookdale St Northbound (Alderbury - Oceanic)” received not budgeted for.

Non-Operating Expenditure

The total non-operating expenditure is $20.6 million. As at 31 January 2020 non-operating expenditure is $4.1 million and ($6.2 million) below the $10.3 million year to date budget .and is expected to finish the year around $15 million.

The following works totalling $6.1 million are identified at this time to be carried forward into next financial year:

Carry Forwards Amount $'000 Buildings

Lake Monger Community Shed# 1,300 Floreat Café Refurbishment 200 The Boulevard Centre & Cambridge Library - Air Conditioning Replacement 200 1,700 Furniture and Equipment Various system upgrades and projects 650 650 Plant and Equipment Works - Water Truck 140 Works - Road Suction Sweeper Truck 360 Parks – Tractor 80 580 Parks Perry Lakes Water Replenishment 2,300 Ocean Village Park - Lighting Replacement 47 Various Parks - Lighting Replacement 40 2,387 Roadworks Challenger Parade - Improved pedestrian access from Fred Burton Car Park 150

Challenger Parade and Oceanic Drive - Traffic calming measures 150 City Beach Precinct - Challenger Pde Pedestrian Paths & Crossing 53 Improvements City Beach Car park - Pedestrian prioritised car park connection 37 Oceanic Dr / Ulster Rd Intersection 50 The Boulevard – Remove Island 40 480 Other Road Infrastructure Fred Burton Park – Car Park 323 323 Total 6,120

# This figure may change with the outcome of the tender for the Lake Monger Community shed being reported to Council in April 2020.

For the 2020/2021 draft budget, these carry forward projects will be given priority before any new capital works are included.

In addition to the above carry forward projects, there were also a number of budget reallocations suggested from savings identified during the review, within the capital works programmes, which

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Reserve and Endowment Lands Account Transfers

Current Budget Forecast Movement Main Variance 2019/2020 30 June 20 Increase (Decrease) $'000 $'000 $'000

Transfer to Reserve 5,984 7,329 1,345 Additional proceeds from Parkside Walk Land Sales Transfer to Endowment Lands Account 1,892 1,842 50 Investment interest earnings decrease Transfer from Reserve 8,133 5,037 (3,096) Carry Forward Works Transfer from Endowment Lands Account 1,342 752 (590) Carry Forward Works

Overall there is expected to be a reduction in the drawdown from reserves of $3.1 million and Endowment Lands Account of $590k. These movements are a timing variance representing funding for capital projects identified as carry forwards for the 2019/2020 financial year.

With respect to transfer of funds to reserve, the majority of the transfer represents additional proceeds received from Parkside Walk Land sales with $4.55 million received compared to budget of $3.5 million, a favourable variance of $1.05 million.

Opening Funds for 2019/2020

The opening budgeted funds for the adopted 2019/2020 budget was $4.64 million, representing uncompleted projects and capital works carried forward from the 2018/2019 financial year.

Upon completion of the 2018/2019 audit the closing balance was amended to $9.627 million, representing the recognition of $4.55 million of proceeds received from Parkside Walk land sales, yet to be transferred to the Area Improvement Reserve, $4.64 million of carried forward works and a $437k surplus for the year from operations. Subsequently, the opening balance of the revised budget for the 2019/2020 year has been amended to $9.627 million.

It should be noted that the $4.55 million of proceeds received from Parkside Walk land sales, was transferred to the Area Improvement Reserve after receiving the monies in November 2019.

Estimated Year End Financial Position for 2019/2020 Financial Year

The current forecast based on trends to date as at 31 January 2020, indicates a year end surplus of $129k which represents 0.3% of the adopted 2019/2020 budget. Given that many factors over the remainder of this financial year can influence this forecast, including the impact of the COVID-19 virus, it is expected to that there could be a variance of minus ($500k) from the forecasted surplus budget position.

Budget Amendments

Attachment 1 provides a summary of the budget amendments received.

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 33A, expands on this requirement to include an annual budget review to be carried out between 1 January and 31 March for each

H:\Ceo\Gov\Council Agenda\20 Agenda\3. 24 March 2020\24 March 2020.docx 20 COUNCIL TUESDAY 24 MARCH 2020 financial year. The intention is to ensure local governments conduct at least one budget review each financial year. This report complies with this requirement.

In accordance with the Regulations, the results of the budget review are to be submitted to Council within thirty days of the review being completed. Council is then required to consider the results of the review and determine whether or not to adopt the review, any part of the review or any recommendations made in the review. As per Regulation 33A, a copy of both the review and Council’s determination are then to be provided to the Department of Local Government within thirty days.

RISK MANAGEMENT IMPLICATIONS:

High: The mid-year budget review has been produced in accordance with the adopted budget for the 2019/2020 financial year and in accordance with applicable local government legislation. Failure to conduct a review and for the Council to adopt the recommended review changes would be a breach of the Local Government Act 1995.

FINANCIAL IMPLICATIONS:

The projected budget for year-end indicates a surplus position of $129k or 0.3% of adopted budget.

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 CONSULTATION:

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 purely administrative in nature with no external impacts envisaged.

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10.3 ZACCARIA EVENTS - REQUEST TO CHANGE DATE OF EVENT

ADMINISTRATION RECOMMENDATION:

That Council APPROVES the request by Zaccaria Events to change the date of their “By the C” event at the City Beach Oval precinct from Sunday, 5 April 2020 to Saturday, 7 November 2020 (due to the COVID-19 requirements), subject to the all terms and conditions determined by the Town including policy 2.1.19 Conduct of special events, concerts, parties and large public events and policy 2.1.27 community facilities, parks and reserves – conditions of hire and use.

PURPOSE:

To request approval from Council to support a change of date request from Zaccaria Concerts and Touring from Sunday, 5 April 2020 to Saturday, 7 November 2020, due to the current directive from the Australian Federal Government that:

From 17 March 2020, the Australian Government has taken the precautionary measure of recommending indoor public gatherings involving more than 100 people, and outdoor public gatherings involving more than 500 people, be cancelled.

SUMMARY:

Due to the COVID-19 (Coronavirus), a request has been received by event organiser- Zaccaria Events to change the “By the C” event from 5 April 2020 to 7 November 2020.

Direction from Council in relation to the change of date is requested.

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. Information For the Council/Committee to note.

Address/Property Location: City Beach Oval, Fred Burton Way, City Beach Report Date: 20 March 2020 Responsible Officer: Director Corporate and Community Services – Cam Robbins Reporting Officer: Manager Community Services – Priya Narula Contributing Officer: Co-ordinator Community Development – Renee McIntosh Reporting Officer Interest Nil Attachment(s): Nil

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BACKGROUND:

At its 25 June 2019 meeting, Council provided 'in-principle' support for Zaccaria Concerts and Touring's (Zaccaria) proposal to conduct annual concert events between October and April, within the Town of Cambridge, in particular at the City Beach Oval Precinct (CR19.65). In addition to 'in-principle' support, Council required community consultation on the proposal to be undertaken.

A further report to Council providing the community consultation outcome was presented at its meeting held on 27 August 2019 and Council approved the proposal by Zaccaria Events to hold an annual concert event in the City Beach Oval Precinct for March/April 2020, subject to the terms and conditions determined by the Town (CR19.84).

DETAILS:

On approval of the annual concert event, Zaccaria submitted their formal booking request to hold “By the C” on Sunday, 5 April 2020. This event was to run from 1:00pm – 9:30pm showcasing a range of well-known Australian acts over the afternoon/evening and required three bump-in days prior and two bump-out days post the event. All other user groups of City Beach Oval were given significant notice of the event to enable them to make alternate arrangements for training and matches if there were any clashes with the dates approved.

The Town’s Administration and Zaccaria have worked closely together to ensure a positive outcome for the event, however on Friday, 13 March 2020 the Australian Government gave the following national directive due to the worldwide Corona Virus (COVID-19) Pandemic:

From 17 March 2020, the Australian Government has taken the precautionary measure of recommending indoor public gatherings involving more than 100 people, and outdoor public gatherings involving more than 500 people, be cancelled.

As of Wednesday, 11 March Zaccaria Events had sold approximately 3,500 tickets, so this directive from the Australian Government has directly impacted their event and they have now had to cancel the show to be held on 5 April 2020.

On Tuesday, 17 March 2020 the organisers at Zaccaria approached the Town to request a new date of Saturday, 7 November 2020. By being able to postpone the event and lock in a new date, this will enable them to keep their current contracts with suppliers and entertainers, significantly reducing the financial loss that would impact them if there was a complete cancellation.

Consultation with local sporting groups that use City Beach ovals would still be required to be undertaken as the event would now be held in the Summer Season which would affect different sporting groups to that of the April event, however with enough notice (as was undertaken with the Winter sports) each sporting group could be able to make alternate arrangements with assistance by the Town.

POLICY/STATUTORY IMPLICATIONS:

This report is guided by Council's Policy 2.1.19 – Conduct of Special Events, Concerts, Parties and large Public Events under Category 2 - Extraordinary Events, which stipulates:

Category 2 events require Council approval and significant community and inter-agency consultation before being allowed to proceed. This procedure imposes conditions designed to protect the Town and the community in the event of cancellation or mishap during the event.

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RISK IMPLICATIONS:

Low: The decision to approve of a new date has been assessed as having a low risk to the Town.

FINANCIAL IMPLICATIONS:

The Town was to receive a minimum $10,500 hire fee for the use of City Beach Oval. This was not originally budgeted for as revenue in the 2019/2020 budget due to the timing of the initial request and subsequent approval. If it was to be approved for the new date of Saturday 7 November 2020, it would be included in the 2020/2021 Draft budget.

STRATEGIC DIRECTION:

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

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.

Further it supports the following goals of the Town's Economic Development Strategy 2018-2022:

Goal 3: Manage the activation and our centres and shared public spaces

Strategy 3.2: Build on the Town's current community, recreation and cultural events schedule by further integrating local businesses and content.

COMMUNITY ENGAGEMENT:

This matter has already been assessed under the Community Engagement Policy 1.2.11 as CONSULT, with local community consultation undertaken for the proposal to conduct annual outdoor concerts and events in the City Beach Precinct.

Additional notification will be undertaken with the local sporting groups that utilise the City Beach Oval precinct during both the event date (7 November 2020) and the 3 days bump-in prior and 2 days bump-out post the event.

COMMENT:

The Town of Cambridge’s approach to COVID-19 has been one of “adaptability and flexibility”. It has also adopted an approach to minimise the effects of COVID-19.

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11. URGENT BUSINESS

11.1 COMMITTEE MEETINGS – REQUEST TO COUNCIL

That Council:-

1. APPROVES BY AN ABSOLUTE MAJORITY to cancel the Community and Resources and Development Committee meetings, as previously advertised in accordance with Section 5.25(1)(g) of the Local Government Act 1995, until further notice, as a preventative measure to minimise the spread of COVID-19;

2. subject to 1 above, PROVIDES local public notice of the cancellation of the Community and Resources and Development Committee meetings, in accordance with Regulation 12(2) of the Local Government (Administration) Regulations 1995; and

3. NOTES the LG Alert received on Friday 20 March 2020, as shown an Attachment 1.

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11.2 TOWN OF CAMBRIDGE COVID-19 – RECOVERY AND RELIEF

ADMINISTRATION RECOMMENDATION:

That Council:-

1. ACKNOWLEDGES that the COVID-19 Pandemic has caused a serious economic downturn, adverse impact on businesses and a significant increase in unemployment, which requires local governments to take appropriate recovery and relief measures to assist the community wherever it can;

2. In response to the COVID-19 Pandemic, APPROVES BY AN ABSOLUTE MAJORITY the Town of Cambridge Relief and Recovery Plan, to be applicable as from 1 April 2020 until further notice, as follows:

2.1 Financial Measures:

(a) ADOPTS a position of another zero (0%) average rate increase for 2020- 21;

(b) NOT increase any fees, charges or tariffs for the 2020-21 Budget;

(c) WAIVES as from 1 April 2020 interest on all outstanding rates and service charges and a suspension of any new debt collection activities;

(d) WAIVES as from 1 April 2020 the late payment interest rate of 11% being charged on overdue rates and service charges;

(e) WAIVES as from 1 April 2020 the $35 fee for special instalment arrangements;

(f) DEFERS all outstanding rate and service charges and NOTES that Seniors and Pensioners are required to pay their portion of rates by 30 June 2020 to claim their rebate as per State Government legislation;

(g) ENDORSES the fortnightly payment of the Town’s creditors;

(h) ENDORSES the refund of all cancelled bookings at Town-owned properties and facilities;

(i) AUTHORISES the Chief Executive Officer to consider on their merit (and report to Council if required) any applications of financial or other hardship of the Town debtors;

(j) BRINGS forward planned asset maintenance programs, where necessary;

2.2 Business initiatives:

(a) APPROVES the engagement with businesses and community groups impacted by COVID-19 to ascertain needs and hardship being experienced;

(b) PROMOTES a ‘Buy local’ campaign to support the Town’s small businesses, together with social media support, wherever appropriate;

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(c) WAIVES the Annual Surveillance/Inspection Fees listed in 2019/20 Fees and Charges for food businesses restricted by the Closure of Certain Places of Business, Worship and Entertainment Directions under Section 71 of the Emergency Management Act 2005(WA) issued on March 23, 2020;

(d) APPROVES the waiving of verge bonds and other associated bonds for building and construction works;

2.3 Support for the Socially Isolated, Senior’s and other vulnerable persons:

(a) CONTINUES the Town’s Senior’s ‘Hotline’;

(b) APPROVES a program for Socially Isolated, Senior’s and other vulnerable persons, based on the City of Fremantle Neighbour to Neighbour Tool Kit;

(c) APPROVES the expansion of the Cambridge Library e-book loans and the House-bound Book service;

2.4 Support for the Community:

(a) APPROVES of changes to car parking requirements, as approved by the Chief Executive Officer to minimise restrictions to support take away and home delivery services;

(b) APPROVES to amend the 2019/2020 fees and charges by reducing parking fees for users of the Easypark mobile parking application only, for the following areas.

i. Southport Precinct - from $2.90 per hour to $2.00 per hour; ii. West Leederville Town Hall (Car Park L20) from $2.90 per hour to $2.00 per hour; iii. Wembley Town Centre - from $2.90 per hour to $2.00 per hour; and iv. Medical Precinct from $3.50 per hour to $2.50 per hour;

(c) APPROVES of the Matthews Netball Centre car park to be used, free of cost, for the hospital and medical staff of King Edward Memorial Hospital, St John of God and QEII whilst Emergency Directions are in place (and other hospitals -if required);

(d) APPROVES of unused Town buildings currently closed under the State of Emergency (eg Golf Course, Bold Park Pool) to be made available free of charge to State Government Emergency Agencies, as a temporary alternative place of work, should they be impacted by COVID-19; and

3. REQUESTS the Chief Executive Officer to provide a further report to Council on:

3.1 The realignment and reprioritisation of existing services, projects, staff and resources, towards the Recovery and Relief Plan to assist the community;

3.2 The possibility of waiving and/or deferring the fees and charges under the Building Act 2011 and the Planning and Development Act 2005 for development applications and building Permits; and

4. AUTHORISES the Chief Executive Officer to give local public notice of the approved Council changes, specified in Clause 2.

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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: Town of Cambridge Report Date: 30 March 2020 Responsible Officer: Chief Executive Officer – John Giorgi, JP Reporting Officers: Director Corporate and Community Services- Cam Robbins Director Infrastructure and Works – Kelton Hincks Manager Finance- Roy Ruitenga Manager Regulatory Services- Steve Cleaver Seniors Community Development Officer (Seniors) - Diana Allen

Contributing Officer: N/A Reporting Officer Interest Nil Attachments:

PURPOSE OF REPORT:

To seek Council approval of a Town of Cambridge Recovery and Relief Plan (‘the R&R Plan’) to minimise the effects of COVID-19 on the community.

SUMMARY:

This report recommends a range of initiatives, many of which are being introduced by other local governments to provide recovery and relief, minimise the effects of COVID-19 on the community.

BACKGROUND:

COVID-19 has severely impacted the world both in health and economic terms. Following on from an Elected Member Briefing on Monday 23 March 2020, the Administration has requested to report on a range of options to minimise the effects of COVID-19 and to provide support for the Town of Cambridge community.

On Friday 27 March 2020, a winebar was held comprising the Minister for Local Government- Hon. David Templeman, WALGA President Tracey Roberts and Mr Tarun Wirranpanthra – Department of Health.

The presentation included an announcement by the Premier of Western Australia Mark McGowan who strongly encouraged all local governments to support business, stimulate the economy, retain staff and provide relief for business proprietors, ratepayers and residents.

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DETAILS:

Rates, Fees, Charges and Tariffs:

Given the current economic climate and the potential impact that COVID-19 is having on the financial well-being of the Town’s property owners, especially those suffering financial hardship, it is recommended that Council ADOPTS a position of another zero (0%) percent average rate increase for 2020-21 and NOT increase any fees, charges or tariffs for the 2020-21 financial year;

Late Payment Interest Rate:

The adopted budget for the 2019/2020 financial year approved the imposition of a late payment interest rate of 11% to be applied to outstanding rate and service charges (including underground power) payments. This is supported by Section 6.51 “Accrual of interest on overdue rates or service charges” of the Local Government Act 1995, which allows a late payment interest in respect of overdue rates and service charges to be applied. The Local Government (Financial Management) Regulations 1996, regulation 70 prescribes the maximum rate of interest that can be applied, which is 11%. The budget also approved the charging of a $35 fee for special instalment arrangements.

Given the current economic climate and the potential impact that COVID-19 is having on the financial well-being of the Town’s property owners, especially those suffering financial hardship, administration is requesting Council to consider waiving the late payment interest rate of 11% for the remainder of this financial year.

Council has the authority as per section 6.47 of the Local Government Act 1995 as follows: Concessions “Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge”

This waiver will require an absolute majority of Council.

It should be noted that pensioners and seniors are not subject to late payment interest under the Rates and Charges (Rebates and Deferments) Act 1992.

Regarding the financial impact, an amount of $80,000 has been budgeted this year for late payment interest with $92,602 raised to date.

Payment Deferral:

The fourth instalment for rates and service charges was due on 24 March 2020. There are no further instalments due for the remainder of the year. The annual instalment option for underground power service charges was due on the 15 February 2020.

Given that there have been some fifty to sixty requests received over the past few days, to defer payments due, citing financial hardship, we are requesting whether Council would consider extending the period for payment.

Under section 6.49 of the Local Government Act 1995 “Agreement as to payment of rates and service charges”:

“a local government may accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person”.

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Delegated authority 1.2.29 “Agreement as to Payment of Rates and Service Charges”, agreements for payment of rates or service charges deals with an extension of time for payment with acquittal of the rate or service charge debt required before the next annual rates or service charges are levied. Council usually raises its rates and service charges within the first two weeks of August, after the adoption of the annual budget. A delegated authority memorandum is required for each such request received and required to be approved.

If payment were to be extended beyond the date of raising rates for the 2020/2021 financial year, Council approval would need to be sought.

To alleviate the administrative requirement to complete a delegated authority form for each and every property owner who is considered to qualify for an extended payment period, given the number of requests received to date, and the potential for this number to increase as the COVID- 19 impact on the economy continues, administration requests whether Council would give blanket approval an extended payment period to the end of the financial year, or such period as Council determines, for those property owners suffering financial hardship.

Special Instalment Arrangements

For those property owners who currently suffer financial hardship due to other reasons, and have some ability to make ongoing payments towards their outstanding rates, the Town offers special instalment arrangements in accordance with Section 6.49 of the Local Government Act 1995 as follows:

“Agreement as to payment of rates and service charges”: “a local government may accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person”.

The Town’s adopted fees and charges schedule for 2019/2020 financial year, imposes a $35 fee to cover administration costs associated with such arrangements.

Given the current escalation in requests being received from property owners special instalment arrangement plans, a direct result of COVID-19, on the economy, we ask if Council would be willing to waive the $35 fee, for the remainder of this financial year.

It should be noted that eligible pensioners and seniors must pay their portion of outstanding rates by 30 June 2020 to receive their rebate. This is stipulated under State Government legislation, namely the “Rates and Charges (Rebates and Deferments) Act 1992, Pensioners are currently entitled to a maximum rebate of $750 and seniors a maximum of $100 in respect to rates.

It should be noted that at this time, an amount of $1.6 million in rates and service charges remains outstanding, representing 6% of the amount of $26.5 million raised in August 2019.

Payment of Creditors:

Currently the Town pays its creditors within 30 days of receiving an invoice. To improve cash flow for businesses, this has already been reduced to a fortnightly payment of creditors.

Maintenance and Construction Services:

The Town provides a broad range of essential infrastructure maintenance and construction services to ensure our roads, parks and facilities are safe and fit for purpose for our community. A large portion of these services are provided through fixed term service and supply contracts, or lump sum contracts with various privately owned businesses. The Town values the relationship with these businesses and the high quality services and products they provide.

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To ensure the Town’s assets are continually maintained, it is important for major maintenance and capital works projects to continue and where possible, be accelerated. With the temporary closure of the Town’s public facilities, it is now the opportune time to bring forward works which would otherwise be delayed or carried out outside normal operating hours. This will not only provide the Town with potential savings on these works, but will also continue to stimulate the local economy through local businesses.

Engagement with Businesses and Community Groups

The Town has recently employed a Place Development Officer who has already commenced engagement with business proprietors within the Town. It is recommended that further engagement be extended to community groups and the businesses to ascertain their needs and hardships being experienced. The council will then be in a position to be better able to respond as required.

Verge Bonds:

The requirement for verge bonds is prescribed under the Town of Cambridge Local Government and Public Property Local Law 2017 – Parts 8 and 9. On late Friday afternoon, a request was received to waiver payment of verge bonds as this will provide a better cash flow for builders.

It is recommended that as part of the Town of Cambridge COVID-19 Recovery and Relief Plan that all verge bonds be waived until further notice.

Experience has shown that very few instances occur where there is damage to the Town’s Infrastructure. Notwithstanding in the event that any damage would occur as a result from construction works, the Town can still carry out the works and recover the costs using the Town’s local law.

Buy Local Program:

It is recommended that the Town promotes a “buy local” program for the Town’s small businesses together with social media support (yet to be determined) wherever appropriate.

Food Premises – Fees and Charges:

COVID-19 has caused a Pandemic that has, and is, continuing to have an unprecedented impact on all aspects of society. The Pandemic declared on 11th March 2020 and the roll out of directions occurring at a progressively faster rate are changing how community functions. As part of this process the Closure of Certain Places of Business, Worship and Entertainment Directions under Section 71 of the Emergency Management Act 2005(WA) issued on 23rd March 2020 has had a significant impact on any food business serving food with a sit down component.

This has resulted, when combined with other restrictions, resultant job losses and uncertainty that these business have had a significant loss of turnover to the extent some have had to close and others are struggling to survive.

It is recommended that the annual food premises fees and charges for food businesses impacted by the COVID-19 Direction Notices be waivered until further notice, this includes restaurants, café’s, coffee shops, pastry shops, delicatessen. (It does not include supermarkets).

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Refund of Cancelled Bookings – Town Facilities:

The Town has already implemented a positon of refunding all applications fees for bookings cancelled at Town owned properties or facilities as a result of COVID-19. This will assist in improving the financial positon of hirers.

Applications of Financial or other Hardship - Town Debtors:

It is recommended that the Chief Executive Officer be authorised to consider on their merit (and report to council if required) all applications of financial or hardship of the Town’s debtors.

Parking Matters – Generally:

It is recommended that the Chief Executive Officer be authorised to review and approve of changes on a temporary basis to support takeaway and home delivery services by the Town’s Food premises.

Parking Fees:

It is recommended that council reduce the parking fees from $2.90 per hour to $2.00 for the Southport Precinct, Wembley Town Centre, and West Leederville Town Hall Car Park and the medical precinct from $3.50 to $2.50 per hour. This will assist in alleviating financial hardship.

Matthews Netball Centre Car Park:

The Town has recently received a request from the hospitals to make available the Matthews Centre car park during the pandemic. It is recommended that the Council approves of the Matthews Netball Centre Car Park be used free of charge for hospital and medical staff from King Edward Memorial Hospital, St John of God Hospital and QEII and other hospitals if required.

Temporary Use of Town’s Facilities for Emergency Services:

The Town has received a request from the Daglish Fire Station to be able to use a Town Facility in the unlikely event that their Fire Station premises becomes unusable due to COVID-19. Currently the Wembley Golf Course and BPAC have been closed and there may be an opportunity for use at either of these premises, further investigations are currently being pursued.

Programmes for the Socially Isolated, Senior’s and Vulnerable Persons:

Contact has been undertaken with a number of other Local Governments to ascertain what level of support they are providing to their various communities. It is noted that due to the short time- frame, more local governments have not been contacted.

The level of support to the community in relation to social isolation varies with the City of Fremantle perhaps providing the most with the Neighbour to Neighbour program. The City kindly shared its Neighbour to Neighbour project brief and tool kit with Cambridge Senior Services.

The focus of the Neighbour to Neighbour project is to provide a connection between those wanting to help and those at high risk impacted by the threats of COVID-19, including but not limited to seniors, people with a disability and people from culturally linguistically diverse ( CALD) backgrounds.

The City of Fremantle Neighbour to Neighbour project is proven to be a valuable services to the community that has literally connected neighbours with neighbours

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The following items below are a good starting point and can be very valuable in the Town’s endeavour to reduce social isolation for all residents during these uncertain times.

1. The Town promote the Get to Know Your Neighbour Day to be held on Sunday 29 March 2020; 2. Implement the Cambridge Neighbour to Neighbour program, which is based on the City of Fremantle model; 3. Continue to promote Curtin Community Care – COVID 19 program (Celia Hammond MP) at: https://www.cambridge.wa.gov.au/Discover-the-Town/Whats-On; 4. Setting up What’s App groups using an Administrator to ensure vulnerable people are safe from scammers or abuse while reaching out for assistance;

5. Collaborate with relevant stakeholders to identify gaps in the State and Federal Government and community sector response and liaise with WALGA seeking advocacy or advocate directly to address the issues; 6. Liaise with community groups to ensure members are providing assistance as required; 7. Staff can continue to investigate new ideas with other local governments

These are in addition to the already established ‘Seniors Hotline’.

POLICY/STATUTORY IMPLICATIONS:

The Local Government Act 1995

Section 6.47 “Concessions” of the Local Government Act 1995 allows Council to resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge”

Sections 6.16, 6.17, 6.18 and 6.19 of the Local Government Act 1995 apply concerning the governing of local public notice of the revised changes.

There are no Policy implications related to this report.

RISK MANAGEMENT IMPLICATIONS:

High: The actions being requested are in accordance with the adopted budget for the 2019/2020 financial year and in accordance with applicable local government legislation. However, COVID-19 has changed everything and there are associated risks with this Recovery and Relief Plan

FINANCIAL IMPLICATIONS:

The financial year end position is forecast to be a deficit, given the impact of COVID-19.

Budget for both late payment interest revenue and rate instalment administration fee have been met.

Parking: In the 12 months up to the end of February 2020, Easy Park revenue was $150,496.23. The average parking session is about 70 minutes with a cost to patrons of $2.90 per hour (in the Commercial District) plus the 10% fee received by Easy Park. This equates to a total cost of $3.19 per hour.

Should the Town reduces the tariff for Easy Park users to $2.30 per hour in the activity centre, this will equate to a total cost of $2.53 per hour and therefore facilitate a 20% discount.

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This discount could potentially result in a revenue loss of approximately $3,000 per month for the duration of the State of Emergency. This equates to approximately 3% of our total annual ticket machine revenue or $36000 per annum or $9000 for financial year 2019/2020.

Food Premises: The Current budget forecast for fees raised under the Inspection/Surveillance Charge is $90,000 of which over $82,000 has been collected for this financial year. Because most of these fees are raised early in the budget period it is not anticipated that this will increase significantly so the potential impact on monies collected in the 2020/2021 financial year is not expected to be significant.

The majority of the businesses affected currently are charged $550 with the remainder liable for $150 unless they are a high risk business with multiple classifications ($770 fee) of which there would be very few affected. This means that the fee would to be reduced by 90% for the majority affected. Given the uncertainties around the length of time the Pandemic, how long its effects will last and how many businesses will close and not be liable for the fee it is difficult to gauge a precise affect. Giving fee relief may even help some to stay open which would be of greater help in the long term than if they closed.

In any case, given the current situation and the likely projection of the crisis, income from this charge is likely to be significantly decreased. Of the Town’s 204 registered food businesses approximately 78.4% are restaurants, cafes and sporting facilities. Given the variables it is not possible to put a figure on the potential loss of fees.

The fact that a significant number of these businesses will be closed in any case means this income fee reduction could be lower.

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

Our Neighbourhoods

Goal 5: Successful commercial, retail and residential hubs

Strategy 5.2 Foster and encourage local business development in the local and district centres which support our residents and the local and broader community.

Our Council

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.

Goal 11 An efficient local government

Strategy 11.1 Invest our wealth wisely so that current and future generations benefit.

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COMMUNITY CONSULTATION:

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 purely administrative in nature with no external impacts envisaged.

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11.3 CASH IN LIEU CONTRIBUTIONS

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23 (2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(b) the personal affairs of any person; (e) a matter that if disclosed, would reveal information about a business.

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11.4 TOWN OF CAMBRIDGE COVID-19 – RECOVERY AND RELIEF PLAN - EXPRESS DETERMINATION SERVICE FOR CHANGE OF USE DEVELOPMENT APPLICATIONS

ADMINISTRATION RECOMMENDATION:

That Council:

1. ENDORSES the immediate implementation of an ‘Express Determination Service’ for development applications for changes of use, as detailed in the points below;

2. AGREES to waive all development application fees associated with change of use applications for 6 months;

3. NOTES that the Town will adopt a less ‘risk-adverse’ approach to determining the amenity impacts of change of use applications, for the purpose of community consultation as required by Local Planning Policy 1.2: Public notification and advertising procedures (LPP1.2);

4. RESOLVES that for an on-site parking shortfall of 5 vehicle bays or less associated with change of use applications and as determined by Local Planning Policy 3.13: Parking: a. The variation will be considered ‘minor’ and not require consultation as per LPP1.2; b. The variation will not require additional information to justify the shortfall (eg. parking management plan) unless other factors necessitate the need for further information; and c. Cash in lieu contributions will not be required for the parking shortfall.

5. INSTRUCTS the Town to review and implement referral processes to expedite the determination of change of use applications;

6. INSTRUCTS the Town to provide a report that reviews the implementation of the above measures within 6 months; and

7. NOTES that the Town will investigate additional measures to assist local business operate and recover from the COVID-19 pandemic response, as outlined in this report.

PURPOSE OF REPORT:

To consider Planning measures to assist local business in continuing operations and recovery from the impact of the COVID-19 pandemic and associated restrictions introduced by various levels of government.

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SUMMARY:

This report presents an ‘Express Determination Service’ for change of use development applications. In summary, it is proposed that:

1. Fees are waived for change of use development applications; 2. Consultation requirements are waived for lower risk applications; 3. On-site parking shortfalls of 5 bays or less are deemed minor and do not require advertising, further justification, or the payment of a cash in lieu contribution; 4. Internal referral processes are streamlined to provide an expedited determination process; and 5. Additional measures are investigated to assist local businesses in recovery from the COVID-19 pandemic.

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 & 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. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date 26 March 2020 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Strategic Planning, Brett Cammell Contributing Officer: Manager Statutory Planning, Jennifer Heyes Place Development Officer, Rowan Johns Reporting Officer Interest: Nil Attachments: 1. Minister for Transport; Planning letter 25 March 2020

BACKGROUND:

Public Health Emergency Directions – various

The Emergency Officer, acting under authority of the Public Health Act 2016, has announced a number of measures aimed at limiting the spread of the COVID-19 pandemic. Many of the measures have impacted severely on the businesses within the Town; in most cases resulting in the immediate (however temporary) closure of the business.

Further information on the Directions can be found here: https://www.wa.gov.au/government/document-collections/coronavirus-covid-19-state-of- emergency-declarations

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Importance of small business to the Town

The contribution of business (in particular ‘small business’) to Town’s lifestyle and wellbeing is significant. The Town is home to over 4,000 businesses providing local employment of 15,000 jobs and generating $2.42 billion in Gross Regional Product (source: economyid).

The Town’s Economic Development Strategy 2018-2022 (EDS) states that of all the businesses within the Town, 65% are sole traders and 34% are small business. Only 2% of the businesses are categorised as ‘medium and large businesses’.

While Health Care and Social Assistance employ a large number of people locally, there are over 2,200 people employed in some of the hardest hit industries such as Wholesale Trade, Retail Trade, Arts and Recreation Services, and Accommodation and Food Services. Local businesses generate over $3 million in rate revenue for the Town, a significant amount when considering St John of God, the largest employer, is generally excluded from rate charges.

A common issue for small business is navigating and obtaining necessary approvals to operate. This can be confusing, costly and time consuming. The current pandemic measures have had a significant impact on small business, and it is considered necessary for the Town to review such approval processes to assist in the recovery of small business once pandemic measures are reduced or lifted.

State and Federal government initiatives

State and Federal governments have announced a number of measures aimed at assisting small and medium business. Notable measures are listed as follows:

Federal: • Cash flow for employers o Up to $100,000 to eligible small and medium-sized businesses, and not-for-profits that employ people, with a minimum payment of $20,000. o Payments are to help businesses and NFPs with cash flow to operate, pay bills and retain staff. • Temporary increasing the threshold at which creditors can issue a statutory demand on a company and the time companies have to respond to statutory demands. • Increasing the instant asset write-off threshold from $30,000 to $150,000. • 15 month investment incentive, whereby eligible businesses can deduct 50% of the cost of an eligible asset on installation, with exiting depreciation rules applying to the balance of the asset’s cost. • Wage subsidies for apprentice’s or trainee’s wages of 50% for up to 9 months. • Establishment of a Coronavirus Business Liaison Unit. • Eligible sole traders granted access to the job seeker allowance, which now includes an additional coronavirus supplement of $550 per fortnight for the next six months Sources: https://treasury.gov.au/coronavirus/businesses https://www.smallbusiness.wa.gov.au/blog/coronavirus-stimulus-package-small- business

State: • $114 million in measures to support WA small and medium businesses. • Payroll tax paying businesses with a payroll between $1 million and $4 million will receive a one-off grant of $17,500. • $1 million payroll tax threshold brought forward by six months to July 1, 2020. • Small and medium businesses affected by COVID-19 can now apply to defer payment of their 2019-20 payroll tax until July 21, 2020. Source:https://www.wa.gov.au/organisation/department-of-the-premier-and- cabinet/coronavirus-covid-19-western-australian-government-response

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Other: • Australian Banking Association has announce that Australian banks will defer loan repayments for small business affected by COVID-19 for 6 months. Source: https://www.business.gov.au/Risk-management/Emergency-management/Coronavirus- information-and-support-for-business/Support-available-for-sole-traders

Other local government initiatives

Since the announcement of pandemic measures, Perth metropolitan local governments have explored and introduced a number of measures to assist the continued operation of small and medium business, as well as to aid their recovery post-pandemic measures. A quick summary of such measures, as they relate to planning only, is provided below. It is noted that other reports on this agenda are proposing other measures relating to other fees, rental payments and processes.

Measure Local government 1 An express planning service for change of land use and Perth development applications for small business with no application fee. 2 12 month amnesty for change of use planning applications Vincent (currently for Beaufort St) to apply across Vincent. 3 Certain land uses within City Centres exempt from need for Fremantle change of use approvals (measure already in place pre- Subiaco pandemic).

Minister for Transport and Planning letter – 25 March 2020

The Minister for Transport and Planning wrote to all local governments on 25 March 2020. The letter is attached to this report, with the pertinent extract copied as follows:

‘… I would ask your local government to use their discretionary powers and planning processes to both promote development and support business during this uncertain time. Specifically, I would encourage all local governments to fast-track the assessment of development applications for non-controversial developments to support the creation of jobs. An example of this could be a pragmatic assessment of change of use proposals to promote development and flexibility in application of car parking requirements to encourage new business activation.’’

Actions undertaken by the Town to date

The following actions have been undertaken since announcement of the pandemic and introduction of business restrictions, mostly by the Town’s recently appointed Place Development Officer: • Email and phone contact to businesses on Town’s database to provide links to support and advisory services; • Direct phone response to local business queries; • Visited 69 business in person to discuss individual business situations, encourage the uptake of business advisory services and exchange contact details; • Regular updates to the Town’s ‘Business’ website and inputs to the COVID-19 updates pages; • Research and contact with other local governments to discuss and find out their response measures; and • Direct liaison with local businesses seeking Town assistance (eg. Temporary use of footpaths for cafes – since superseded by ban on dining, cash in lieu queries – subject to other report on agenda).

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COMMENT:

‘Express determination service’ – change of use applications

In response to the current pandemic situation and to the Minister for Transport and Planning’s letter, the Town is proposing an ‘Express Determination Service’. The main planning considerations relating to this measure are fees, consultation requirements, parking shortfall assessments and other development requirements (eg. Fit-outs, signage).

Fees Change of use application fees are currently $295.00. Since 1 July 2019, the Town has processed 13 applications for changes of use. Waiving the application fees for change of use applications is not anticipated to impact significantly on the Town’s budget, is supported and can be enacted immediately. It is recommended that the fees be waived for 6 months in the first instance, with a review to occur after.

Consultation Land uses are categorized under Local Planning Scheme No. 1 as either:

P – use permitted if complies with other requirements of Scheme (application for use not required); D – use not permitted unless granted development approval (application required); and A – use not permitted unless granted development approval after community consultation.

Consultation of an ‘A’ land use is required by the Scheme and therefore cannot be waived. However a decision whether a ‘D’ land use is advertised for comment relies on consideration of the relevant local planning policy.

Local Planning Policy 1.2: Public notification and advertising procedures (LPP1.2) requires consultation where a variation to a Scheme or Policy requirement is proposed and ‘has the potential to impact the amenity of nearby residential areas or neighbours in terms of visual impact, streetscape, privacy, intensity of use, traffic generation and adequacy of parking.’

The second part of the consultation criteria requires some qualitative assessment, or judgement, and the Town typically adopts a conservative approach, whereby most change of use applications for a ‘D’ land use (and ‘P’ land uses where a variation to another requirement is proposed) are advertised for comment.

To provide an ‘Express Determination Service’ for change of use applications, a less risk adverse approach will be necessary whereby the Town’s planning staff can make a judgement assessment on the likelihood that the proposed use will affect the amenity of nearby areas and proceed on that basis, without the need for public consultation. Current delegated authority and policy provisions allow for the Town’s Director Planning and Development and Manager Statutory Planning to make this judgement and it is under these existing provisions that an ‘express determination service’ is proposed to be implemented.

Parking Most change of use proposals, particularly in traditional main street centres (eg. Birkdale St, Cambridge St) or in transitional areas (eg. Southport St area, West Leederville), are unable to provide on-site vehicle parking to meet the requirements of Local Planning Policy 3.13: Parking (LPP3.13). Variations to the parking requirements then trigger community consultation (discussed above), a need for a parking management plan, further investigation into reciprocal parking arrangements, public parking, transport and other measures, and consideration of cash in lieu contributions for the parking shortfall. This assessment and requirement for information add to the assessment timeframes and costs for the applicant.

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In order to provide a quick response to streamline change of use application requirements, it is proposed that:

Where the on-site parking deficiency associated with the change of use is 5 bays or less: 1. The variation will be considered minor and not require advertising or additional justification (eg. Parking management plan); and 2. A cash in lieu contribution will not be required.

Other development requirements Change of use applications often involve incidental works components such as shop fit-outs and signage. There are minimal planning requirements for internal works however these are referred to the Town’s relevant departments (Building and Environmental Health) for comment to identify any fatal flaws in the proposal. This process can continue under an ‘express determination service’ and no policy changes are considered necessary, other than the Town ensuring the referral process is streamlined and efficient.

Other considerations

The COVID-19 pandemic and necessary responses is having a devastating impact on the small business community. However, it also presents an opportunity for the Town to implement some reforms that can be further reviewed over the recovery period. Matters that will be considered by the Town further over the next 3 months are:

1. Exempting the need for approval for low impact change of use applications; 2. Providing a permanent ‘express determination service’ for small business applications, including fit-outs, signage, and other minor works that require approval; 3. Exempting the need for planning approval for alfresco dining and trading in public places in front of tenancies (currently planning approval and an outdoor dining permit is required); and 4. Other process improvements and regulatory review that can benefit recovery of the small business sector.

POLICY/STATUTORY IMPLICATIONS:

Register of Delegated Authority 12.1.4 Planning and Development Delegations Function Delegated 1. Authority to exercise all powers and discharge all duties under the ‘Deemed Provisions’, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and Town Planning Scheme No. 1.

Deemed Provisions (Schedule 2 of Planning and Development (Local Planning Schemes) Regulations 2015) Reg. 62 Form of application (1) An application for development approval must be- … (c) accompanied by any fee for an application of that type set out in the Planning and Development Regulations 2009 or prescribed under the Local Government Act 1995…’

Planning and Development Regulations 2009 Reg. 52 Local government may waive or refund fee ‘A local government may waive or refund, in whole or in part, payment of a fee for a planning service.’

Local Planning Scheme No. 1 and associated local planning policies

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RISK MANAGEMENT IMPLICATIONS:

Low: The recommendation proposed is considered a low risk response to the pandemic measures impact.

FINANCIAL IMPLICATIONS:

Waiving of development application fees for changes of use, and potentially waiving cash in lieu for parking shortfall contributions will impact on the Town’s budget, however the impact is anticipated to be minimal. The likely impact is considered to be far outweighed by the ability to assist local businesses to operate and recover during this period.

STRATEGIC DIRECTION:

Strategic Community Plan 2018-2028

Goal 5: Successful commercial, retail and residential hubs Strategy 5.2: Foster and encourage local business development in the local and district centres which support our residents and the local and broader community.

Economic Development Strategy 2018-2022

Goal 1: Provide a high standard of communication and business support

COMMUNITY ENGAGEMENT:

Community engagement for this matter is not considered necessary.

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11.5 LOT 1 (NO. 148-152) RAILWAY PARADE, WEST LEEDERVILLE – CHANGE OF USE FROM OFFICE TO CONSULTING ROOMS - GROUP (ANTENATAL, POSTNATAL AND PRE-PREGNANCY CARE)

ADMINISTRATION RECOMMENDATION:

That Council:-

1. In accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme Council APPROVES the application for a change in use (from Office to Consulting Rooms – Group) at Lot 1 (No. 148-152) Railway Parade, West Leederville as shown on the attached plans stamped received 7 January 2020, 5 March 2020 and 10 March 2020, subject to the following conditions:

(a) 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;

(b) At any one time, the maximum number of practitioners operating from the site shall be six (6);

(c) The parking management plan (received by the Town on 5 March 2020) being complied with at all times by the landowner, to the Town’s satisfaction;

(d) The proposed disabled car parking bay and the adjacent shared bay being clearly marked and the bollard be installed prior to the use commencing, and be maintained thereafter, by the landowner to the Town’s satisfaction;

(e) Prior to commencement of the use a Waste Management Plan is required to be submitted to, and be approved by, the Town; and

(f) The waste management plan approved by the Town shall be implemented and thereafter be complied with by the landowner(s) for the life of the development to the satisfaction of the Town;

2. APPROVES BY AN ABSOLUTE MAJORITY to waive the cash-in-lieu payment of $73,521 for this development application, as part of the Town of Cambridge COVID- 19 Recovery and Relief Plan.

Standard Advice Notes to be included by the Administration.

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for a change of use from Office to Consulting Rooms - Group (antenatal, postnatal and pre-pregnancy care).

SUMMARY:

The application proposes a variation to the parking requirements of Local Planning Policy 3.13: Parking, proposing 6 car parking bays in lieu of the minimum 24 bays.

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‘Consulting Rooms - Group’ is an ‘A’ use in Local Planning Scheme No.1, which means the use is not permitted unless the local government has exercised its discretion by granting development approval after advertising the application.

It is considered the proposed use is compatible with the surrounding development and character of the local area precinct, as it will not generate nuisances which are detrimental to the amenity of residents and other uses in the precinct. The use has a maximum of up to six practitioners, and clients visit the premises by prior appointment only.

However, the use currently only provides 6 on-site parking and as such will likely result in a greater demand on existing parking facilities on Southport Street and Railway Parade. The site is located within one of the cash-in-lieu collection areas as identified in the Local Planning Policy 3.13 and as such it is considered a cash-in-lieu contribution is an appropriate mechanism to resolve the parking shortfall.

Accordingly, it is recommended that the application be approved, subject to conditions.

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. Information For the Council/Committee to note.

DELEGATION:

The application is presented to Council due to the nature of the use having a potential parking impact in the Southport Street area. In this instance, it is not considered appropriate for the Administration's delegation to be exercised.

BACKGROUND:

Address: Lot 1 (No. 148-152) Railway Parade, West Leederville Report Date: 21 April 2020 File Reference: DA20/0006 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Coordinator Statutory Planning, Andrew Bratley Chief Executive Officer – John Giorgi, JP Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development Plans (6 pages) 3. Site Photos (1 page) 4. Schedule of Submissions (2 pages) 5. Applicant's Comments (5 pages) 6. Parking Management Plan (14 pages)

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Applicant: Evolve Architecture Owner: Guido Pedri, Gabriella Pedri, Francesco Gangemi and Olivia Gangemi Zoning: Mixed Use Precinct: P5: West Leederville Development Description: Change of Use from Office to Consulting Rooms - Group (antenatal, postnatal and pre-pregnancy care) Development Value: N/A Existing Land Use: Office – ‘D’ (Discretionary) Proposed Land Use: Consulting Rooms - Group – ‘A’ Land Area: 564m2 Heritage Listing: No Application Date: 16 January 2020 Application Process Days: 74 days

DETAILS:

Site History

As the subject site is relatively old, containing several established businesses on site, the Town reviewed the archival records with the following summarised timeline provided for context:

Determination Date Determination Details 7 February 1972 The City of Perth Council approved an application for alterations to an existing showroom on the subject property. The approved plans for which show no on site car parking bays. 19 November 2009 Development approval was granted for a change in use from Showroom to Office. The approved plans show 6 on site car parking bays which are at 90 degrees to Southport Street.

At some point in 2010 according to the Town’s aerial mapping the car parking area fronting onto Southport Street was extended towards the property’s southern lot boundary and 7 (45 degree) car parking bays were created. There is no record of this being approved by the Town.

Site Context

The subject site is located within the Southport Street Node of the West Leederville Precinct. The subject property is a corner property bounded by Southport Street to the west and Railway Parade to the south.

The site is currently occupied by a commercial building, constructed prior to 1972.

The immediately surrounding local area is characterised by a mix of commercial and retail uses, including shops, offices and showrooms, as well as a privately owned car park which is accessible to the public.

Proposal

The details of the application are as follows:

(a) A maximum of 6 practitioners will be on site at any one time. (b) Six (6) car parking bays are proposed on site, in lieu of the required 24 car parking bays. (c) One short term bicycle bay (rail) is not available. (d) The proposed hours of operation are between Monday and Friday 8.00am to 5.00pm, and on Saturday 8.00am to midday. (e) The proposed anticipated number of patients on the premises at any one time being up to 12 people. (f) Patients will visit the premises by prior appointment only.

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The applicant has advised that “the management of the clinic is rotational, with consulting medical practitioners/ allied staff not permanently based at the premises - each having their own offices off site”.

CONSULTATION:

Public Consultation

The application was advertised for a period of 14 days in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

In response, a total of 4 non-objections have been received. The advertising for the proposal closed at 5pm on 26 March 2020.

A Schedule of Submissions that includes the submissions in their entirety is attached to this Report (refer Attachment 4). All submissions to date are in support of the application given the number of vacancies in the area at the moment.

APPLICANT'S COMMENTS:

The applicant has provided comments in support of the application (refer to attachment 5), and a parking management plan (refer to attachment 6) in support of those aspects of the application that do not meet the relevant deemed-to-comply requirements.

STATUTORY ASSESSMENT:

Local Planning Scheme No. 1 – Land Use

Based on the information provided by the applicant the proposed use could either be defined as Consulting Rooms – Group or a Medical Centre which are defined as being the following under LPS1:

“Consulting Rooms – Group means premises used by more than two practitioners for the investigation and/or treatment of physical or mental injuries or ailments (not including a hospital or day surgery facility) in the practice of a profession of a person who is a legally medical practitioner, dentist, physiotherapist, chiropractor, podiatrist or similar practitioner, and may include ancillary services such as pharmacists, pathologists and radiologists, but does not include a masseur and does not include premises practising therapeutic massage or similar services.”

“Medical Centre means premises used by one or more health consultant(s) for the investigation or treatment of human injuries or ailments and for general outpatient care (including preventative care, diagnosis, medical and surgical treatment, and counselling). The term does not include a hospital but may include a day surgery facility.”

Both of these are an ‘A’ use in the Mixed Use zone under LPS1.

The proposal is to offer pathology, physiotherapy and treatments relating to prenatal and antenatal care. The applicants have confirmed there will be no day surgery. Up to 6 practitioners will be on site at any one time. Taking this into consideration, in this case it can be reasonably be deemed to be a Consulting Rooms – (group).

The objectives of the Mixed Use zone in Local Planning Scheme No. 1 are listed as follows:

“(a) To provide for a wide variety of active uses on street level which are compatible with residential and other non-active uses on upper levels.

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(b) To allow for the development of a mix of varied but compatible land uses such as housing, offices, showrooms, amusement centres, eating establishments and appropriate industrial activities which do not generate nuisances detrimental to the amenity of the district or to the health, welfare and safety of its residents.”

Note 2 under Clause 18 of Local Planning Scheme No. 1 states that, with regards to land use, ‘In considering an application for development approval, the local government will have regard to clause 67 of the deemed provisions’.

In this instance, the provisions under Schedule 2 cl67 of the Planning and Development (Local Planning Schemes) Regulations 2015 (deemed provisions) that are relevant to the proposal are as follows:

“(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

(n) the amenity of the locality including the following – (i) environmental impacts of the development; (ii) the character of the locality; (iii) social impacts of the development;

(o) the adequacy of – (i) the proposed means of access to and egress from the site; and (ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles”

In addition to the above, the property also falls within Special Control Area 3 (SCA 3) under LPS1, the objectives for which are the following:

“(a) provide opportunities for increased commercial and residential developments creating a mixed use area that takes advantage of its inner-city location and access to public transport;

(b) facilitate the creation of a highly activated 'main street' along Cambridge Street, High Street between Blencowe Street and Kerr Street/Holyrood Street, creating a strong focal point for local retail and services; (c) retain the residential function of the area between Kimberley to Abbotsford Street and support a variety of housing types in this area;

(d) facilitate further detailed planning to develop the Leederville Station Link as a high density, mixed use transit oriented development area and to guide development along the northern edge of the area to protect the amenity of existing low-scale development to the north;

(e) facilitate the creation of pedestrian and transit connections through the area, and in particular create a direct and legible pedestrian connection between Cambridge Street and Leederville Train Station through the Leederville Station Link;

(f) enable the development of the Community Node comprising of community and civic uses and as a focus for the West Leederville Activity Centre which connects with the Leederville Station Link; and

(g) encourage a gradual 'stepping up' of built form and maintaining a human scale to buildings along street frontages and around public spaces.”

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The LPS1 objectives for SCA3 generally focus on new development. The proposal will introduce a commercial use relatively near to public transport in a building which has been unoccupied for a while, and will not result in a built form which prevents the creation of pedestrian and transit connections from being possible in future through the area. Therefore, the objectives will not be detrimentally impacted.

The subject application also meets all deemed-to-comply requirements of the relevant local planning policies, with the exception of the parking shortfall as listed in the subsequent section. In the event of Council approval, it is recommended that relevant conditions be imposed to ensure those matters are appropriately managed.

Assessment

Having due consideration of the relevant sub-clauses of cl67 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following is considered relevant:

Local Planning Policy 2.5: Precinct P5: West Leederville (LPP2.5)

An assessment against the intent of the Mixed Use zone (Southport Street Node) are set out below.

“The overall objective for these areas is to encourage and allow development which contributes to the improvement of the area through the replacement of older buildings with well-designed new buildings which improve the appearance and useability of streets and have ground floor commercial or retail uses

Improvements such as laneway connections, public space, enhanced pedestrian connections and shared parking facilities will be desirable outcomes in areas that currently lack these amenities and as determined by the Responsible Authority.”

Again, these objectives generally focus on new development, however, the established open frontage will mostly remain as is, with the exception of new glazing and louvers, and a bin store being created adjacent to an existing masonry wall on the northern lot boundary. With respect to ensuring adequate car parking facilities to prevent an adverse impact on adjoining streets and nearby uses, further parking assessment is provided below.

Local Planning Policy 3.13: Parking

Deemed-to-comply Proposed Shortfall Requirement Car Parking Bays 24 6 18 1 (short term) 0 1 Bicycle Parking 1 (long term) 6 0 (excess of 5)

Where there is a non-compliance with the car parking requirements, the application is required to be considered under the below listed objectives of the policy:

“To facilitate the development of sufficient parking facilities;

Promote a choice of transport options by ensuring the provision of a mix of car, bicycle and vehicle parking;

Ensure that the supply of parking also encourages alternative, more sustainable modes of transport; and

To facilitate the development of adequate, safe and convenient parking and access for pedestrians, cyclists and motorists.”

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The proposed use is located in close proximity to public transport. Considering the type of treatment proposed at the consulting rooms not all patients would be precluded from walking, cycling or using public transport and end of trip facilities are provided on-site (including staff). As such, the proposed land use is not considered to restrict the diversity of transport methods to access the site.

The location of the site exists within the Southport Street Node and as such, there is a mix of small scale retail, medical and other uses. Some patients may engage in multi-destination trips utilising the parking of one premise to visit several commercial premises in the area, with patients selecting parking that is most convenient for their planned trip.

The Parking Management Plan (refer attachment 6) states that based on a maximum of 40 clients between 8.00am and 5.00pm a service rate of between 4-5 clients every hour is likely, and if all clients drove or were driven to their appointment this would potentially result in a client parking demand of 4 to 5 carbays in close proximity.

The Parking Management Plan goes on to say that a parking bay will be occupied by a client that has just finished there appointment at the same time that it is required by a client arriving in time for their appointment. On this basis, there could be a peak demand within a few minutes of the hour for up to 12 spaces.

In addition to the above, although it is not a recent study, the Town’s Access and Parking Strategy Update (2016) states that the average and peak occupancy of car parking bays within the Southport Street node has been declining since 2013. According to surveys undertaken as part of this Strategy in 2013 and 2016 the amount of street car bays occupied in peak demand decreased from 71% to 52%.

There are also fifteen (15) street car parking bays within the immediate vicinity of the subject property, in addition to a privately owned car park which is accessible to the public and contains 143 bays. However, it is recognised that as this carpark is privately owned and therefore there is no guarantee it will continue as a carpark into the future. This carpark could be redeveloped at some time.

Officers have visited the site recently on several occasions during the proposed hours of operation for the consulting rooms. A significant amount of street car parking bays within close proximity to the subject property were observed to be vacant. The Parking Management Plan also outlines a study of the area which concludes there are adequate numbers of carparking spaces available in the area.

Clause 2. Reductions to Parking Ratios (LPP3.13)

The minimum number of parking bays required under Table 1 of the Policy may be reduced where certain criteria is addressed demonstrating a lessened parking demand including location of the development within proximity to, and suitability of, public transport, in particular high- frequency routes.

Clause 4. Cash-in-lieu of Parking (LPP3.13)

As the site falls within the Southport Street Node and the applicant has not provided all car parking on site, a cash-in-lieu of parking may be considered where developments have a shortfall of parking according to the requirements table.

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Cash-in-lieu of parking can be considered where:

1. There exists adequate provision for car parking in the proximity of the proposed development. 2. The Town is satisfied that public transport facilities are available to satisfy the transport access demands of employees, residents and visitors to the development. 3. The physical constraints of the site, make on-site provision impracticable. In this instance, as the building occupies the entirety of the property, having been constructed as early as 1955, it is impossible for parking to be made available without the whole building being demolished.

With respect to the established parking context in the vicinity (point 1 above), there are 15 existing on street car parking bays within the immediate vicinity of the subject property which can be shared between all uses in the area. The Parking Management Plan states that up to 12 car bays are likely to be required during peak demands.

In relation to point 2, there is a high frequency service less than 100m from the subject unit (Transperth bus route No.96) either side of Thomas Street, east of Southport Street. Further to point 3, in this instance, as the building occupies the majority of the property, having been constructed prior to 1972, it is impossible for parking to be made available without the majority or the entire building being demolished.

Cash In Lieu Calculation:

Cash-in-lieu of Parking Calculation Clause 4.2 6 bays Cash in lieu for parking can be applied for a maximum of 25% of the parking bay requirement (24 bays) Clause 4.4 $16,338 per bay Cash in lieu payment rate for all commercial areas not otherwise prescribed Cash-in-lieu Contribution $98,028

Whilst the planning policy framework sets certain standards for broad orderly and proper planning reasons, the imposition of a considerable cash payment in lieu of onsite parking can present a significant burden to the establishment of new business (or an existing Landowner). Council may wish to consider this impact in the determination of this application.

To this end, an Economic Development Strategy was recently adopted by Council which may be considered in the determination of this matter.

Economic Development Strategy 2018-2022 (EDS) Goal 1: Provide a high standard of communication and support Goal 2: Develop our unique centres to support population growth and attract high quality employment.

A strong theme of the Town’s EDS is for the Town to provide for greater support for local businesses, with a specific medium term action of the Strategy being “Review current business related approval processes and develop a set of process improvement recommendations.”

No further work has been undertaken on this to date, however, to ensure consistent decision making, it is considered appropriate to impose cash in lieu of car parking in line with Council’s current Local Planning Policy 3.13: Parking, at least to some degree.

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The carparking numbers have been based on the maximum number of 6 consultants. However, the applicants state the business does not operate on the maximum and it is more likely to be less than 6 on most occasions – approximately 40 clients per day. If this number of patients is spread throughout the day it equates to 4-5 patients per hour but will include overlaps as patients are waiting for appointments. Some reduction may therefore be acceptable.

The use has a requirement for 24 car bays under the Town’s Parking Policy, however, the ‘actual’ use is likely to generate a maximum demand of 12 spaces for clients and 6 for staff – a total of 18 bays. Given that cash-in-lieu is calculated on 25% of the requirement (24 bays), if it is accepted that the ‘actual’ requirement is 18 bays for this use, it would be 25% of 18, which equates to 4.5 car bays and a cash-in-lieu requirement of $73,521.

It is therefore recommended in this case, the cash-in-lieu be reduced to 75% of the requirement in recognition of the nature of the business, the number of car bays in the vicinity and the location to public transport.

NB: This report was assessed prior to the potential responses to COVOID-19 which are discussed in detail in the small business related initiatives report on this agenda. As such, Council may wish to consider the recommendation for cash-in-lieu for this proposal in light of the small business initiatives report.

CONCLUSION:

The proposed land use is supported as it represents a diversification of the offerings in the Southport Street Node and will assist in maintaining and improving the quality of life in our communities in accordance with the objectives of LPS1.

In conclusion, it is considered that the proposal will make a positive contribution to the Town, despite the parking shortfall in terms of on-site provision. It will contribute to the character of Southport Street and activate the current locality by providing a local business which is at a suitable scale to not have a detrimental impact on the nearby residential amenity of the locality.

A payment of cash-in-lieu in accordance with the Policy which also takes into account the nature of the proposed use would be satisfactory to ensure the impact of the parking shortfall is minimised.

For the above reasons, it is recommended that the application be approved, subject to conditions.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

Metropolitan Region Scheme Planning and Development (Local Planning Schemes) Regulations 2015 Local Planning Scheme No. 1 Local Planning Policies

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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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

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11.6 TOWN OF CAMBRIDGE COVID-19 RECOVERY AND RELIEF PLAN - IMPACT ON THE TOWN’S TENANCIES

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23 (2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(b) the personal affairs of any person; (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and (e) a matter that if disclosed, would reveal information about a business.

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11.7 COVID-19 IMPACT ON THE TOWN’S COMMUNITY FACILITIES

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23 (2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(b) the personal affairs of any person; (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and (e) a matter that if disclosed, would reveal information about a business.

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12. MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

12.1 PROVISION OF INSTRUCTIONS TO LEGAL REPRESENTATIVES BY COUNCIL

Submission by Mayor Shannon

That Council:-

1. INSTRUCTS the CEO that, until Local Planning Policy 1.5 is reviewed and amended, all instructions to legal representatives acting on behalf of the Council must be brought to Council for:

(a) receipt of legal advice ; (b) approval of all instructions to legal representatives; and

2. APPROVES BY AN ABSOLUTE MAJORITY to DELEGATE, pursuant to Section 5.42 of the Local Government Act 1995 its power to provide ongoing instructions to the Town’s legal representatives to the CEO, on the condition that all instructions and legal advice must be provided in writing.

BACKGROUND INFORMATION PROVIDED BY MAYOR SHANNON:

The local government is a body corporate with perpetual succession under s2.5(2) of the Local Government Act. Under s2.7 of the Act, the Council governs the local government’s affairs and is responsible for the performance of the local government’s functions. The Council is a public authority and as such only delegates its powers by Council resolution in the Register of Delegations of Authority, otherwise it retains its decision making power.

Under the Delegation Register, the CEO is delegated the authority to commence prosecutions and commence legal proceedings under the Building Act, the Bush Fires Act, the Cat Act, the Dog Act, the Food Act and the Graffiti Vandalism Act, the Health (Miscellaneous Provisions) Act and the Planning and Development Act 2005.

There is no authority that delegates Council’s power to instruct lawyers to the CEO or his staff in order to defend SAT proceedings. Local Planning Policy 1.5 does not delegate power to the staff or the CEO, rather it provides guidance to officers for the ongoing administrative conduct of the matter. Council has not generally delegated its decision making power to lawyers appointed to act on its behalf nor has council delegated its decision making power to staff or the CEO by a decision of Council.

Local Planning Policy 1.5 does not clearly identify who is delegated to provide instructions to lawyers appointed to act on behalf of the Town when it defends SAT proceedings. This has the potential to mean that such legal representatives do not act in accordance with the scope of the decision made by Council or unwittingly act without delegation.

The legal representatives engaged by the Town are engaged directly by the Council and, as such, can and should only take instructions directly from the Council by Council resolution.

Officers who instruct lawyers when the Council decision is consistent with the Recommendation are bound to the decision of Council and have no discretion to concede matters that are contained in the Councils reasons for decision.

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Where the Council’s decision is inconsistent with the officer recommendation, the only manner in which instructions can be given at present is through a resolution of the Council.

Typically most matters involving legal proceedings have been conducted in this manner with regular reports coming to council for confirmation of instructions following legal advice from the legal representatives, however not all matters involving SAT planning reviews have been brought to council for decisions.

ADMINISTRATION COMMENT:

Whilst the Town’s Administration has no objection to Council appointing and instructing legal representation involved in matters before SAT, there are a number of operational matters to be considered and clarified. For example, the following steps are involved in obtaining legal representation during a SAT planning matter. Council may wish to clarify which steps it seeks to make decisions on, taking into account that ordinary meetings of Council occur on a monthly.

1. Procurement requirements: a. Once the Town is notified of an application for review being lodged with SAT, approval of the documentation to seek quotations for legal representation; b. Selection of legal representation to seek quotations; c. Council decision to appoint legal representation;

2. SAT planning process: a. Whether instructions are provided to legal representative to attend initial Directions Hearing (it is noted that Directions Hearings are usually scheduled within 2-3 weeks of an application for review being lodged with SAT); b. Whether instructions are provided to legal representative prior to (and potentially during) Mediation (held usually within 2-3 weeks of Directions Hearing); c. Whether instructions provided to legal representative at subsequent Directions Hearings; d. Whether the matter should be reconsidered by Council under a Section 31 reconsideration; e. Involvement and whether instructions are needed in the preparation of documentation to form a Section 24 bundle (to be submitted by a specified date prior to a Final Hearing); f. Instructions provided during the preparation of Statements of Issues, Facts and Contentions, potentially involving expert witnesses; g. Expert witness statement(s), usually prepared with legal representation review; h. Joint (respondent and applicant) expert witness statement(s), where required; i. Instructions for undertaking Final Hearing.

It is noted that the above use of the terms ‘instruct’ or ‘instructions’ is used generally. Currently planning staff do not ordinarily ‘instruct’ legal representation during the process of a SAT matter, rather let the legal representation defend the Town’s decision how they see best.

A review of the Council Policy 1.5 – ‘Responses to the State Administrative Tribunal Matters’ is recommended.

It is important that the Policy and associated procedures and processes to instruct legal representatives is clear and without ambiguity.

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Delegation to CEO to Obtain Legal Advice:

With regards to Clause 2 of the Motion, the functions of the Chief Executive Officer are prescribed by s5.41 of the Local Government Act 1995, which states:

5.41 Functions of CEO

The CEO’s functions are to — (a) advise the council in relation to the functions of a local government under this Act and other written laws; and (b) ensure that advice and information is available to the council so that informed decisions can be made; and (c) cause council decisions to be implemented; and (d) manage the day to day operations of the local government; and (e) liaise with the mayor or president on the local government’s affairs and the performance of the local government’s functions; and (f) speak on behalf of the local government if the mayor or president agrees; and (g) be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees); and (h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and (i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.

[underlining added]

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12.2 COVID -19 PANDEMIC RESPONSE

Submission by Mayor Shannon

That Council:-

1. REQUESTS the Chief Executive Officer to:-

3.1 PREPARE a report that outlines options to provide financial relief to its ratepayers in the Town from the payment of rates and other and including, but not limited to:

(a) Consideration to delay the last rate instalment for the period 2019/20 which was due on 21 March 2020; (b) The payment of rates for the 2020/21 period; (c) The payment of underground power contributions;

3.2 DEVELOP alternate community development programs including:-

(a) A ‘Neighbour to Neighbour’ support network; (b) Consider the expansion of the library home service; (c) Seniors ‘hotline’ to allow our Seniors and the infirm in our community to obtain additional assistance from the Town and other support agencies to reduce the impact of social isolation and provide practical support to them while they remain in their homes; and

1.3 DEVELOP the prioritisation of the Information Technology Strategic plan for improved functionality, including the migration of the Town’s data to the cloud, to allow for remote access; and

2. APPROVES all Council members who are prevented from being physically present at a meeting of Council to attend simultaneously in audio contact, by telephone or other means of instantaneous communication whilst COVID-19 (Corona virus) remains a pandemic.

BACKGROUND INFORMATION PROVIDED BY MAYOR SHANNON:

Given the significant impact the COVID-19 virus is likely to have on the economy, the Council should consider how it will respond in a fair and consistent manner when approached by ratepayers for fee relief.

The Town’s Position Statement at CR20.45 was focused on employee guidelines and the cancellation of events. The Covid-19 virus will have a much greater impact on the manner in which we work and live for years to come and therefore greater consideration should be given to the development of a range of measures to ensure the Town responds appropriately to our residents changed needs as well as the manner in which meetings are conducted and work at the Town is performed by staff.

The importance of the ability to work remotely has been highlighted by this pandemic. The Town’s IT system has limited capacity to support the remote work of its employees. The Town had already identified this operational weakness, however, the prioritisation of this work has become more urgent in the current circumstances.

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ADMINISTRATION COMMENT:

Financial Matters and rates:

The Town's Administration has taken a very flexible and adaptable approach. A compassionate response to financial requests should be adopted.

As the financial impact will be significant to the economy, community and individuals, the CEO is of the view that a zero (0%) percent in rate increase should again apply for the 2020-21 Budget. This will be consistent to the previous 3 years. It will also recognise the State Government's freeze on increases to water, electricity etc.

Services and Functions:

The COVID-19 is currently having an impact of the Town's ability to provide its functions and services. Preventative measures are being implemented in accordance with advice from the Health Departments. The rapidly changing situation will result in some delays being experienced and non-essential requests being of a lesser priority.

A Seniors Hotline has already been implemented at the Wembley Community Centre and is staffed by the Town's seniors Officers.

The Hotline is very busy fielding a wide range of calls.

Information Technology:

The Town's information Technology currently does not have the capacity or capability to allow multiple persons to work remotely and be able to access the software required to perform some functions. This will be monitored and appropriate action will be taken to achieve the best outcome.

The Town has contacted some of its IT providers and has been advised that they are also responding to the COVID-19 issue and delays will be experienced in attending to client's requests. It is expected that many organisations are in the same situation as the Town.

Council and Committee meetings:

It is recommended that Committee meetings be cancelled until further notice and all reports be direct to council (except Audit Committee- which meets quarterly).

With regards to teleconferencing for council Members attending Council meetings, the Town has been advised that this is currently not permissible under the regulations. However, it is understood that the Minister for Local Government has requested urgent amendments to the legislation to permit teleconferencing and it is anticipated that this may be in place very shortly.

On Friday 20 March 2020 (at 3.19 pm), the Chief Executive Officer received an email from the Department of Local Government, Sports and Cultural Industries, confirming the advice that currently the legislation does not permit teleconferencing. This email is Attachment 1.

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12.3 DEPARTMENT OF LOCAL GOVERNMENT AUTHORISED INQUIRY INTO THE TOWN OF CAMBRIDGE

Submission by Cr Timmermanis

Confidential information to be circulated under separate cover.

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following reasons:

“(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting."

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13. CONFIDENTIAL REPORTS

13.1 CR20.46 - OCEAN MIA - VACANT LOTS AND CONTRACTS OF SALE

REASON FOR CONFIDENTIALITY

In accordance with Section 5.23 (2) (c) of the Local Government Act 1995, a consideration of these matters can be held behind closed doors as the matter relates to:

"a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting."

13.2 LOT 241 BROMPTON ROAD – PROGRESS REPORT

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

"(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting;

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting;

(e) a matter that if disclosed, would reveal - (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government."

Elected Members are reminded that they are to ensure the information remains CONFIDENTIAL and should not disclose the content of this report to any other person. To do so would be an improper use of information under s.5.93 of the Local Government Act 1995.

13.3 WORKERS COMPENSATION CLAIM - PROGRESS REPORT

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following reasons:

(a) a matter affecting an employee or employees; and

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting.

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13.4 LICENCE AGREEMENT FOR ROAD RESERVE – GPA PTY LTD – PROGRESS REPORT

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following reasons:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting.

Elected Members are reminded that they are to ensure the information remains CONFIDENTIAL and should not disclose the content of this report to any other person. To do so would be an improper use of information under s.5.93 of the Local Government Act 1995.

13.5 STATE ADMINISTRATIVE TRIBUNAL MATTER DR277 OF 2019 – STUART ADRIAN CORP VERSUS TOWN OF CAMBRIDGE

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

“(b) the personal affairs of any person; and (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and

Elected Members are reminded that they are to ensure the information remains CONFIDENTIAL and should not disclose the content of this report to any other person. To do so would be an improper use of information under s.5.93 of the Local Government Act 1995.

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14. CLOSURE

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DETAILS:

An Evaluation Panel (the Panel) comprising the Manager Parks and Natural Environment, Coordinator Parks, and the Senior Landscape Architect assessed all submissions as compliant; in accordance with the Town's Policy 3.2.1 Contracts and Procurement, Procurement Business Rules; and the Tender documentation.

An assessment of the submissions was carried out against the following criteria:

1. Value For Money Weighting 40% 2. Capacity to perform and supply Weighting 30% 3. Demonstrated Experience in completing similar projects Weighting 25% 4. Social and economic effects on the local community Weighting 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 Contracts and Procurement and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK IMPLICATIONS:

Low: The procurement process aligns with the Town’s policy and statutory requirements.

FINANCIAL IMPLICATIONS:

Over the last two years, approximately $180,000 has been incurred for works associated with the supply of irrigation parts. Adequate funds for the supply of irrigation parts in this Contract have been provided for in operational budgets.

STRATEGIC DIRECTION:

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

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

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

COMMUNITY ENGAGEMENT:

This Tender process has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the award of Tender 2020-02 Provision for the supply of irrigation parts as outlined in Confidential Attachment 1.

Motion put and CARRIED (4/0) (Mayor Shannon not present at the meeting as she had not arrived)

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CR20.27 REQUEST FOR TENDER RFT 2020-05 PROVISION OF TREE MAINTENANCE SERVICES

PURPOSE OF THE REPORT:

To provide Council with the details of the submissions received for Tender 2020-05 - Provision of Tree Maintenance Services, document the results of the tender assessment and make a recommendation on the award of the Tender.

SUMMARY:

Tender 2020-05 - Provision of Tree Maintenance Services was advertised in The West Australian Newspaper and on the Town’s website on 18 December 2019 and closed on 30 January 2020, with seven submissions received. The scope for the service in general is for the supply of tree maintenance services for the Town’s public open spaces and streetscapes.

An evaluation process was undertaken against the assessment criteria to establish the tenderer representing the best value for the Town. The full details of the assessment process and recommendation is provided in the Confidential Attachment RFT 2020-05.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 4 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Head Contributing Officer: Nil Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and Recommendation Report.

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BACKGROUND:

Tender 2020-05 - Provision of Tree Maintenance Services was advertised in the West Australian Newspaper and on the Town’s website on 18 December 2019. The Tender submission period closed 30 January 2020, with seven submissions received from the following Respondents:

1. Baroness Holdings PTY LTD; 2. Never Greener; 3. Environmental Industries; 4. Leo Heaney PTY LTD; 5. Skyline; 6. Psyco Sands; and 7. Trees Need Tree Surgeons.

DETAILS:

An Evaluation Panel (the Panel) comprising the Manager Parks and Natural Environment, Coordinator Parks and the Technical Officer Trees, assessed all submissions as compliant in accordance with the Town's Policy 3.2.1 Contracts and Procurement, Procurement Business Rules and the Tender documentation.

The assessment of tender submissions was performed against the following criteria:

1. Value for Money Weighting 40% 2. Capacity to perform works Weighting 30% 3. Record of delivering similar works Weighting 25% 4. Local Economic benefit Weighting 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 Contracts and Procurement and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK IMPLICATIONS:

Low: The procurement process aligns with the Town’s policy and statutory requirements.

FINANCIAL IMPLICATIONS:

Over the last two years, approximately $640,000 has been incurred for work associated with the provision for tree maintenance services. Adequate funds for these services have been provided for in operational budgets.

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STRATEGIC DIRECTION:

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

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

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

COMMUNITY ENGAGEMENT:

This Tender has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the award of Tender 2020-05, Provision of Tree Maintenance Services as outlined in Confidential Attachment 1.

Motion put and CARRIED (4/0) (Mayor Shannon not present at the meeting as she had not arrived)

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CR20.28 REQUEST FOR TENDER RFT 2020-03 PROVISION OF TREE PRUNING SERVICES

PURPOSE OF THE REPORT:

To provide Council with the details of the submissions received for Tender 2020-03 - Provision of Tree Pruning Services, document the results of the tender assessment and make a recommendation on the award of the Tender.

SUMMARY:

Tender 2020-03 - Provision of Tree Pruning Services was advertised in The West Australian Newspaper and on the Town’s website on 18 December 2019 and closed on 4 February 2020, with seven submissions received. The scope for the services in general is for the supply tree pruning services for the Town’s public open spaces and streetscapes.

An evaluation process was undertaken against the assessment criteria to establish the tenderer representing the best value for the Town. The full details of the assessment process and recommendation is provided in the Confidential Attachment RFT 2020-03.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 5 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Head Contributing Officer: Nil Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and Recommendation Report

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BACKGROUND:

Tender 2020-03 - Provision of Tree Pruning Services was advertised in the West Australian Newspaper and on the Town’s website on 18 December 2019. The tender submission period closed 4 February 2020, with seven submissions received from the following Respondents:

1. Norcape; 2. Classic Trees; 3. Dickies Trees Services; 4. Geoff's Tree Services; 5. Total Tree Services; 6. Trees Need Tree Surgeons; and 7. Tree Care WA.

DETAILS:

An Evaluation Panel comprising the Manager Parks and Natural Environment, Coordinator Parks, and the Technical Officer Trees, assessed all submissions but one as compliant; in accordance to the Town's Policy 3.2.1 Contracts and Procurement, Procurement Business Rules; and the Tender documentation.

An assessment of the submissions was carried out against the following criteria:

1. Value for Money Weighting 40% 2. Capacity to Perform the Works Weighting 35% 3. Record of Delivering Similar Projects Weighting 30% 4. Local Economic Benefit Weighting 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 Contracts and Procurement and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK IMPLICATIONS:

Low: The procurement process aligns with the Town’s policy and statutory requirements.

FINANCIAL IMPLICATIONS:

The Town’s annual tree maintenance budget is adequate to cover the services under this Contract. The estimated annual spend for this service is approximately $700,000.

STRATEGIC DIRECTION:

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

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

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Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

COMMUNITY ENGAGEMENT:

This Tender has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the award of Tender 2020-03, Provision of Tree Pruning Services as outlined in Confidential Attachment 1.

Motion put and CARRIED (4/0) (Mayor Shannon not present at the meeting as she had not arrived)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 20 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

CR20.29 REQUEST FOR TENDER RFT 2020-04 PROVISION OF TURF MAINTENANCE SERVICES

PURPOSE OF THE REPORT:

To provide Council with the details of the submissions received for Tender 2020-04 - Provision of Turf Maintenance Services, document the results of the Tender assessment and make a recommendation on the award of the Tender.

SUMMARY:

Tender 2020-04 - Provision of Turf Maintenance Services was advertised in The West Australian Newspaper and on the Town’s website on 18 December 2019 and closed on 30 January 2020, with eight submissions received. The scope for the service in general is for the supply of turf maintenance services for the Town’s public open spaces and streetscapes.

An evaluation process was undertaken against the assessment criteria to establish the tenderer representing the best value for the Town. The full details of the assessment process and recommendation is provided in the Confidential Attachment RFT 2020-04.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 4 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Head Contributing Officer: Nil Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and Recommendation Report.

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BACKGROUND:

Tender 2020-04 - Provision of Turf Maintenance Services was advertised in the West Australian Newspaper and on the Town’s website on 18 December 2019. The tender submission period closed 30 January 2020, with eight submissions received from the following tenderers:

1. Environmental Industries; 2. Green Options; 3. LD Total; 4. Lochness; 5. Statewide; 6. Skyline; 7. Turfcare WA; and 8. Turfmaster.

DETAILS:

An Evaluation Panel (the Panel) comprising the Manager Parks and Natural Environment, Coordinator Parks and Senior Landscape Architect assessed the submissions in accordance with the Town's Policy 3.2.1 Contracts and Procurement, Procurement Business Rules; and the Tender documentation.

An assessment of the submissions was carried out against the following criteria:

1. Value For Money Weighting 40% 2. Capacity to perform and supply Weighting 30% 3. Demonstrated Experience in completing similar projects Weighting 25% 4. Social and economic effects on the local community Weighting 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 Contracts and Procurement and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK MANAGEMENT IMPLICATIONS:

Low: The procurement process aligns with the Town’s policy and statutory requirements.

FINANCIAL IMPLICATIONS:

Over the last two years, approximately $600,000 has been incurred for works associated with turf maintenance services. Adequate funds for the services in this Contract have been provided for in operational budgets.

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STRATEGIC DIRECTION:

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

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

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

COMMUNITY ENGAGEMENT:

This Tender has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the award of Tender 2020-04, Provision of Turf Maintenance Services as outlined in Confidential Attachment 1.

Mayor Shannon entered the meeting at 6.22 pm)

Motion put and CARRIED (5/0)

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CR20.30 REQUEST FOR TENDER (RFT) 2020-08 SUPPLY AND DELIVERY OF A ROAD SWEEPER WITH AN EDUCTOR

PURPOSE OF REPORT:

The purpose of this report is to provide Council with the submissions received for RFT 2020-08 for the Supply and Delivery of a Road Sweeper with an Eductor and make a recommendation for the award of the tender that best suits the assessment criteria and value for money.

SUMMARY:

Four tender submissions were received on 22 January 2020 for RFT2020-08 for the Supply and Delivery of a Road Sweeper with an Eductor. An eductor is a simple type of suction pump and hose assembly which is inserted into stormwater structures to remove trapped debris.

An evaluation process was undertaken against the assessment criteria to establish the tenderer representing the best value for the Town. The full details of the assessment process and recommendation is provided in the Confidential Attachment RFT 2020-08.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 9 March2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Technical Services and Works, Peter Foxcroft Contributing Officer: Works Coordinator Parks, Charlie Silvestro Reporting Officer Interest: Nil Attachment(s): 1. Confidential Evaluation and recommendation report.

BACKGROUND:

Tender 2020-08 Supply and Delivery of a Road Sweeper with an Eductor was advertised on the WALGA Equote portal. The Tender closed on 22 January 2020 with offers received from the following organisations:

1. WA Hino; 2. Burcher Municipal; 3. Major Motors; and 4. Rosmech.

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DETAILS:

An Evaluation Panel (the Panel) comprising of the Manager Technical Services and Works, Coordinator Works, and the Coordinator Design and Waste assessed all submissions in accordance with the Town's Policy 3.2.1 ‘Contracts and Procurement’, Procurement Business Rules; and the Tender documentation.

The assessment of tender submissions was performed against the following criteria:

1. Product Features Weighting 35% 2. Special Facilities Weighting 35% 3. Life Cycle Costs Weighting 10% 4. Delivery Weighting 10% 5. Operator Ergonomics Weighting 5% 6. Warranty Weighting 5%

POLICY/STATUTORY IMPLICATIONS:

Policy 3.2.1 ‘Contracts and Procurement’ and the Local Government Functions and General Regulations 1996 provides guidance for setting up tenders and contracts.

The Local Government Act 1995 requires Requests for Tenders to be conducted when the total contract value, including any extension options, exceeds $150,000. This tender and contract award process has enabled the Town to procure the required goods in an accountable, transparent, ethical and financially prudent manner.

RISK MANAGEMENT IMPLICATIONS:

Low: The procurement process aligns with the Town’s policy and statutory requirements.

FINANCIAL IMPLICATIONS:

The Town’s 2019/2020 budget has $360,000 which is adequate to cover of the cost of the supply and delivery of a road sweeper and eductor under this Contract.

STRATEGIC DIRECTION:

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

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 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

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting

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COMMUNITY ENGAGEMENT:

This Tender has been assessed in line with the Town's Community Consultation Policy 1.2.11 and community consultation is not required as it’s administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the award of the Supply and Delivery of a Road Sweeper with an Eductor as outlined in Confidential Attachment 1.

Motion put and CARRIED (4/1)

For: Mayor Shannon, Crs Barlow, Bradley and Mack Against: Cr Timmermanis

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CR20.31 TOWN OF CAMBRIDGE DRAFT STREET TREE MASTERPLAN

PURPOSE OF THE REPORT:

The purpose of this report is to seek Council approval for the Town’s Administration to commence public consultation on the draft Street Tree Masterplan (Attachment 1).

SUMMARY:

A review of the Town’s Treescape Plan was undertaken in September 2018 as it was nearing the end of its 10 year life span. The review found a need to develop a Street Tree Masterplan to guide the management of the Towns street trees.

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. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 5 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Head Contributing Officer: Senior Landscape Officer, Patrick Bewley Reporting Officer Interest: Nil Attachment(s): 1. Draft Street Tree Masterplan

BACKGROUND:

Street trees are one of the Town's most important natural assets. The Town is known for its leafy streetscapes and diverse urban canopy. However, as temperatures increase and urban development accelerates, the role played by our street trees as 'green infrastructure' has become even more critical. The Street Tree Masterplan (the Master Plan) aims to ensure the longevity and sustainability of these assets, as well as the character of our streetscapes and identity of our local spaces.

The need for a Masterplan was an outcome of the review into the Town’s Treescape Plan. This was developed to address the importance of street tree management and to guide the community and the Town in developing a healthy and diverse tree inventory within the Town’s streets.

The Masterplan outlines all of the main tree species of the Towns 300 streets, including primary and alternative species selection options. The Masterplan works in collaboration with the Urban Forest Strategy to guide and reinforce tree canopy cover initiatives within the Town.

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The Town undertook a review of the Draft Masterplan in October 2019, with feedback raised at the Elected Members Forum on 12 November 2019. These comments have been incorporated into the revised Masterplan.

DETAILS:

To address the importance street tree management, the Town has prepared the Master Plan with the following guiding principles:

1. Develop attractive tree canopies for every street in the Town; 2. Increase the Towns overall tree canopy area each year; 3. Improve the visual appeal of commercial centres; 4. Select appropriate tree species for the Town’s streets; and 5. Foster community awareness of the importance of street trees and create a sense of pride in the quality of our streetscapes.

The Masterplan lists all of the main tree species found within the Town’s streetscapes and categorises by native, exotic, evergreen and deciduous, as well as providing a reference number for each species. The Masterplan tables all 300 of the Town’s streets and lists existing, recommended and alternative species. The alternative species can be selected by a resident if they are unsatisfied with the recommended tree species selected for their street.

The Masterplan also maps all species selected as recommended and alternative within the Town, as well as the spread of native versus exotic species and the species selected for the Town’s iconic roads.

The attached Masterplan includes all the original species shown in the Treescape plan however, all unsuitable species have been struck through (identified for deletion) to indicate the intended removal from the Masterplan.

In the tree species list, the following species have been considered unsuitable for the reasons shown below:

1. Fraxinus raywoodii (Claret Ash) – High water demand during establishment and ongoing demand; 2. Ginko biloba (Maidenhair Tree) – Cooler climate tree needing protection from dry winds; 3. Metrosideros excelsa (NZ Christmas Tree) – Growth habit causes problems for visibility due to aerial root production and damage to infrastructure; 4. Robinia pseudoacacia (Gold Robinia) – Thorny branches and suckering habit; 5. Gledistsia tricanthos (Honey Locust) – Thorny branches, suckering habit and large seed pods following flowering; 6. Cassia fistula (Golden Shower Tree) – High water demand and difficult to establish; 7. Eucalyptus caesia (Silver Princess) – Poor growth habit and lack of canopy; 8. Eucalyptus macranda (Marlock) – Poor growth habit and lack of canopy; and 9. Olea europa (Olive) – Fruit production creating slip hazards and staining.

As a result, there are a number of replacement species presented in the Masterplan list as shown below:

1. Arbordale Street, Floreat – Corymbia ficafolia; 2. Asten Road, City Beach - Corymbia ficafolia or Agonis flexuosa; 3. Barrett Street, Wembley – Ulmus parvifolia; 4. Boscombe Street, City Beach - Corymbia ficafolia or Agonis flexuosa; 5. Carinya Place, City Beach - Corymbia ficifolia or Agonis flexuosa; 6. Catesby Street, City Beach – Corymbia ficifolia or Agonis flexuosa; 7. Challenger Parade, City Beach – Corymbia ficifolia or Melaleuca lanceolata;

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8. Chipping Road, City Beach – Melaleuca lanceolata; 9. Dampier Avenue, City Beach – Corymbia ficifolia or Agonis flexuosa; 10. Dandaloo Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 11. Dartmouth Avenue, City Beach – Corymbia ficifolia or Melaleuca lanceolata; 12. Dupont Avenue, City Beach – Corymbia ficifolia or Agonis flexuosa; 13. Esk Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 14. Felton Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 15. Fortview Road, Mount Claremont – Corymbia ficifolia; 16. Frinton Avenue, City Beach – Corymbia ficifolia or Eucalyptus gomphocephala; 17. Goonang Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 18. Ikara Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 19. Jubilee Crescent, City Beach – Corymbia ficifolia; 20. Kilpa Court, City Beach – Corymbia ficifolia or Agonis flexuosa; 21. Lanigan Close, Wembley – Corymbia ficifolia or Agonis flexuosa; 22. Larundel Road, City Beach – Corymbia ficifolia or Eucalyptus gomphocephala; 23. Launceston Avenue, City Beach – Corymbia ficifolia or Agonis flexuosa; 24. Lifford Road, Floreat - Corymbia ficifolia or Melaleuca lanceolata; 25. Malton Place, City Beach – Corymbia ficifolia or Agonis flexuosa; 26. Meelah Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 27. Orana Crescent, City Beach – Corymbia ficifolia or Agonis flexuosa; 28. Palana Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 29. Patonga Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 30. Peasholm Street, City Beach – Corymbia ficifolia or Melaleuca lanceolata; 31. Penryn Avenue, City Beach – Corymbia ficifolia or Melaleuca lanceolata; 32. Saltash Avenue, City Beach – Corymbia ficifolia or Agonis flexuosa; 33. Sellenger Court, City Beach – Corymbia ficifolia or Agonis flexuosa; 34. Simon Place, City Beach – Corymbia ficifolia or Agonis flexuosa; 35. Skipton Way, City Beach – Corymbia ficifolia or Agonis flexuosa; 36. Sudbury Way, City Beach – Corymbia ficifolia or Agonis flexuosa; 37. Swanage Avenue, City Beach – Corymbia ficifolia or Agonis flexuosa; 38. Talgarth Way, City Beach – Corymbia ficifolia or Agonis flexuosa; 39. Tamala Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 40. Tarongo Way, City Beach – Corymbia ficifolia or Agonis flexuosa; 41. Taworri Way, City Beach – Corymbia ficifolia or Melaleuca lanceolata; 42. Teslin Road, Mount Claremont – Corymbia ficifolia or Agonis flexuosa; 43. Tintagel Place, City Beach – Corymbia ficifolia or Agonis flexuosa; 44. Truro Place, City Beach - Corymbia ficifolia or Agonis flexuosa; 45. Tumut Road, City Beach - Corymbia ficifolia or Agonis flexuosa; 46. Warreen Place, City Beach – Corymbia ficifolia or Agonis flexuosa; 47. Warri Road, City Beach – Corymbia ficifolia or Agonis flexuosa; 48. Windarra Drive, City Beach – Corymbia ficifolia or Agonis flexuosa; 49. Whitney Crescent, Mount Claremont – Corymbia ficifolia; 50. Yaltara Road, City Beach – Corymbia ficifolia or Melaleuca lanceolata; and 51. Yaringa Way, City Beach - Corymbia ficifolia or Agonis flexuosa.

Further to these changes, there are alternate species provided in each street to allow greater flexibility for residents who request a different species nominated for their street frontage. This has been done to ensure greater uptake and support of new tree plantings each winter.

Each species of tree used in the plan has a fact sheet providing important information about each tree, its growth rates and why it was selected for each street. Following that, each species is mapped to show its distribution within the Town graphically. The final map shown in the Masterplan shows the iconic roads and gateways with species selection street by street.

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POLICY/STATUTORY IMPLICATIONS:

Policy or Statutory Implications related to this report ae as follows:

Local Planning Policy 3.1 Streetscape Policy 5.1.3 Management of Street Trees Policy 5.1.5 Street Tree Protection during Property Development Policy 5.2.19 Street Trees - Landscaping and Maintenance

RISK IMPLICATIONS:

Low: The adoption of the Draft Street Tree Masterplan will facilitate street tree planting this coming planting season.

FINANCIAL IMPLICATIONS:

No funds were allocated for the development of the Draft Street Tree Masterplan.

STRATEGIC DIRECTION:

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 3.1 Create and improve the places where community groups can attend Strategy 3.4 Act to create and maintain safe, friendly and open environments that residents can access and enjoy . Goal 4 Neighbourhoods that are well planned, attractive, respectful of the character and responsive to future needs Strategy 4.2 Guide new development which is in harmony with the surrounding area and retains a sense of place Strategy 4.3 Make neighbourhoods green and pleasant

Goal 5 Successful commercial, retain and social hubs Strategy 5.2 Ensure a high standard of public infrastructure in our main precincts across the Town Strategy 5.3 Develop and implement Activity Centre and Local Development Plans which reflect community's expectations for hubs of activity

Goal 7 The Town is environmentally responsible and leads by example Strategy 7.1 Conserve our plants and animals Strategy 7.5 Prepare for the effects of climate change

COMMUNITY ENGAGEMENT:

This matter has been assessed under the Community Consultation Policy. In accordance with the assessment criteria it was rated at Level 3, for which community consultation is required.

It is proposed that the community consultation is structured as follows: a) A four week public comment period in 2020 to be advertised in the Town's community newspaper and website;

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 30 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020 b) The Draft Masterplan is made available for review and or collection at the Town of Cambridge Administration Centre, Cambridge Library and the Town's website; and c) Feedback is summarised and proposed changes are presented to Council for approval before it is completed.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council:

1. RECEIVES the revised Draft Street Tree Masterplan as shown in Attachment 1;

2. APPROVES the Draft Street Tree Masterplan for public consultation subject to the removal of all deleted species prior; and

3. REQUESTS that a report be presented to Council documenting the feedback received following public consultation.

Motion put and CARRIED (4/1)

For: Mayor Shannon, Crs Barlow, Mack and Timmermanis Against: Cr Bradley

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CR20.32 HARBORNE PARK UPGRADE – CONCEPT DESIGN

PURPOSE OF REPORT:

The purpose of this report is to present the Harborne Park Upgrade Concept Design to Council and seek approval for further engagement with the community prior to listing in the 2020-2021 Draft Budget.

SUMMARY:

This report seeks Council’s consideration for a proposed upgrade to Harborne Park due to the declining condition of the built assets and poor amenity of the park. The Park upgrade concept design includes a new playground, pathways, seating opportunities, mulched garden beds, tree plantings and turf. Due to the low availability of open space within Wembley and the high use of this park, a public consultation phase is required to ensure the Town achieves the desired outcome. The upcoming ‘Safe Active Streets’ project on Ruislip Street will further increase demand for this important space.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 5 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Head Contributing Officer: Senior Landscape Officer, Patrick Bewley Reporting Officer Interest: Nil Attachment(s): 1. Harborne Park Upgrade Concept Design 2. Existing Site Photos

BACKGROUND:

The playground at Harborne Park was built in 2001 and has been identified as requiring an upgrade in future years. The structural failure of a clatter bridge caused a partial closure of the playground for a number of months during late 2019 and early 2020. A subsequent site visit in January 2020 found the park to be in poor condition and a number of built and natural assets were in a dilapidated condition due to high use. This includes the playground edging, garden beds, turf and concrete paths (Attachment 2).

Given the low availability of public open space in the area and high use of the park, there is a strong need to return the park to a more usable and attractive space.

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DETAILS:

Small parks located within dense urban areas such as Harborne Park, serve an important use for the community to meet, interact and play. High quality public open space has been found to lower levels of stress and create a greater sense of comfort and safety. The aim of this proposal is to transform Harborne Park into an urban oasis, with improved usability and high quality built and natural assets for the community to enjoy.

Harborne Park is located on the North West corner of Harborne Street and Ruislip Street in Wembley. This pocket sized open space is highly used by local families in the community. This area has a high demand for an open space area, due to the increase in population from the subdivision, with the nearest open space being over 500 meters away. Existing park assets include a shaded playground, drinking fountain, seating, garden beds and an area of turf.

Principles: a) Promote street life; b) Create an age friendly space; c) Improve spaces for the community to interact (i.e. mothers groups and playgroups); d) Retain existing park features where suitable; and e) Link with design interventions with the Ruislip Safe Active Street project.

Key Features: a) Removal of the park fence to encourage access and open the park up to the streetscape; b) Improve layout of the park with an access pathway, an open area of turf and tall shrub planting for the buffering of noise and views; c) Upgrade the playground with new nature based play equipment made from locally sourced timber and other natural materials with an emphasis on early childhood use; d) Main timber play structure with raised playforms scramble ramp, skywalker net and slide; e) Creative play encouraged with non-prescriptive nature play elements; f) Improve accessibility and interactive features of playground including a rubber trail, junior basket swing and seating opportunities; g) Retain key items such as mature trees, shade sail and drinking fountain; and h) Formalise parking on the south side of the park (subject to Ruislip Street design).

POLICY/STATUTORY IMPLICATIONS:

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

RISK MANAGEMENT IMPLICATIONS:

Low: The playground has reached end of life and major repairs are now being required to ensure it complies with Australian Standards.

FINANCIAL IMPLICATIONS:

There is no financial implication in the preparation of the landscape concept as the works were carried out in-house.

Enclosed with the concept is an Opinion of Probable Cost which details the approximate costs for the site works indicated in the concept design.

Note: Includes 10% contingency, no allowance for traffic management or car parking bays:

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Item Description Cost 1 Demolition & Earthworks $10,250 2 Softscapes $13,010 4 Paving & edging $9,830 5 Playground $45,040 6 Furniture $7,700 7 Signage & Mural $6,000 8 Detailed Design (5%) $4,590 9 Contingency (10%) $9,180 Total Cost (ex GST) $105,600

Funding will be requested in the 2020-2021 Draft Budget.

STRATEGIC DIRECTION:

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

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 Strategy 1.2 Promote our strong community identity and focus our responses on the needs of local residents, businesses and ratepayers

Goal 2 Quality local parks and open spaces for the community to enjoy Strategy 2.1 Focus on activating our major public open spaces Strategy 2.2 Improve the amenities of our local parks and sports grounds

Goal 3 An active, safe and inclusive community Strategy 3.2 Encourage activity that meets the needs of people of all ages, cultures and abilities Strategy 3.3 Create and maintain safe environments

Goal 4 Neighbourhoods that are well planned, attractive, respectful of the character and responsive to future needs Strategy 4.3 Make neighbourhoods green and pleasant

COMMUNITY ENGAGEMENT:

This matter has been assessed in accordance with policy 1.2.11 Community Engagement as a medium level of impact or risk. To appropriately engage with the community the concept plan will be made available on the Town’s website for a period of four weeks, and a social media release should be posted to inform the community that the concept plan is available for comment. A letter to residents within a 300 meter radius may also be required.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council:

1. RECEIVES the Harborne Park upgrade concept design as shown in Attachment 1;

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 34 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

2. REQUESTS:

2.1 the Administration to undertake public consultation; and

2.2 a report be presented to Council detailing the findings from the community consultation.

Motion put and CARRIED (5/0)

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CR20.33 COASTAL VIEWING PLATFORM

PURPOSE OF THE REPORT:

The purpose is for Council to consider a proposal to install a small deck on top of a dune, degraded by surfers checking wave breaks, to limit further erosion and damage to dune vegetation.

SUMMARY:

The Floreat dog beach is a popular spot along the Town's coastline and is accessed via beach access path CMB 12 (formally beach access path 16). The dunes either side of the path offer vantage points for viewing the ocean which are often accessed by surfers. Uncontrolled access has resulted in the trampling of vegetation and dune degradation, undoing the valuable work of Cambridge Coastcare to stabilise the dunes. It is recommended that Council approve the installation of a viewing platform on the south side of the path to formalise access and prevent further dune degradation.

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. Information For the Council/Committee to note.

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 4 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Contributing Officer: Natural Environment Officer, Sue Waite Reporting Officer Interest: Nil Attachment(s): 1. Coastal Natural Areas Management Plan - map 6 bushland condition showing dune blowout at CMB 12

BACKGROUND:

At its Ordinary Council Meeting 28 February 2006, Council endorsed the Coastal Natural Areas Management Plan 2006-2010. The management plan was developed in response to a need to manage the biodiversity of the Town's coastal dunes, as identified in a July 2004 Council report (TS04.61). The plan identified and prioritised areas to be managed between City Beach and Floreat Beach. A large dune blow-out at the end of CMB 12 adjacent to the Floreat dog beach was identified as a priority management area. This area has been the focus of considerable attention by Cambridge Coastcare who have fenced and planted either side of the path over a number of years. Works to create and stabilise a foredune area are ongoing and more planting is planned as the foredune stabilises.

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The dog beach at Floreat is a popular spot along the Town's coastline and is frequented by dog owners, surfers and the general public. The path leading to the beach (CMB 12) is steep compared with other coastal access paths and the dunes either side of the path offer vantage points used by surfers to view the ocean. Uncontrolled access to the dunes is resulting in trampling of vegetation and dune degradation. Despite the path being fenced, uncontrolled access is ongoing and is undoing the work of Cambridge Coastcare to stabilise the dunes. Formalisation of a path to a high point immediately south of the path and installation of a viewing deck will allow the public to access this point and prevent further dune degradation.

DETAILS:

Various design and construction options have been examined and the most durable and unobtrusive structure could be made from fibreglass grid mesh without hand rails. The gradient of the ramp from the path to a viewing deck is minor and would allow a construction close to ground level. Given the low profile of the structure, handrails would not be required allowing for a more discreet design which will not interfere with resident views.

Installation of a viewing platform will reduce trampling of dune vegetation and will facilitate dune stabilisation. This will support the ongoing work being undertaken by Cambridge Coastcare and will help arrest the dune blow-out at the end of CMB 12. Maintaining dune stability is also critical to minimise the impacts of coastal erosion. Floreat Beach has been identified as a coastal erosion hotspot in the recent State Government commissioned Assessment of Coastal Erosions Hotspots in Western Australia.

It is recommended that a fibreglass grid mesh ramp to a viewing deck be installed at a high point on the south side of CMB 12. This will reduce uncontrolled dune access, prevent further dune degradation and improve dune resilience

POLICY/STATUTORY IMPLICATIONS:

Nil

RISK IMPLICATIONS:

Low: The proposed deck and formal pathway will reduce trampling of the vegetation and therefore reduce erosion.

FINANCIAL IMPLICATIONS:

It is recommended that Council allocate $20,000 for this project in the 2020-2021 Budget.

STRATEGIC DIRECTION:

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

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 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.

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COMMUNITY ENGAGEMENT:

In accordance with the Town's Community Engagement Policy 1.2.11 community consultation will be required to ascertain community views regarding the installation of a viewing platform at CMB 12. This will be achieved by seeking public comment on the proposed design and location of the platform.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council:

1. APPROVES the construction of a coastal viewing platform towards CMB 12 to prevent uncontrolled dune access and dune degradation; and

2. LISTS FOR CONSIDERATION the inclusion of $20,000 for the project in the 2020- 2021 Draft Budget.

During discussion, Cr Timmermanis that it was inappropriate to approve the works prior to the monies being included in the 2020-2021 Budget.

AMENDMENT:

Moved by Mayor Shannon, seconded by Cr Timmermanis

That clause 1 of the motion be deleted.

Amendment put and CARRIED (4/1)

For: Mayor Shannon, Crs Bradley, Mack and Timmermanis Against: Cr Barlow

COMMITTEE RECOMMENDATION:

That Council LISTS FOR CONSIDERATION the inclusion of $20,000 in the 2020-2021 Draft Budget for the construction of a coastal viewing platform towards CMB 12 to prevent uncontrolled dune access and dune degradation.

Motion, as AMENDED, put and CARRIED (4/1)

For: Mayor Shannon, Crs Bradley, Mack and Timmermanis Against: Cr Barlow

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CR30.34 INTERSECTION OF HARBORNE STREET, POWIS STREET AND JON SANDERS DRIVE – REQUEST FOR PEDESTRIAN TRAFFIC SIGNAL PHASE

PURPOSE OF REPORT:

To provide Council with an update on the progress of the investigation in relation to the petition submitted to the Town requesting the installation of a dedicated walk phase to the traffic signals at the intersection of Harborne Street, Powis Street and Jon Sanders Drive Wembley, as per the resolution at the Ordinary Council Meeting on 26 November 2019.

SUMMARY:

At the Ordinary Council Meeting on 26 November 2019, a petition was presented to Council containing 120 signatures that had been submitted by Lucy Hopkins, 7 Heard Way, Glendalough; requesting pedestrian crossing lights be added to the existing traffic signals at the junction of Harborne Street and Powis Street/Jon Sanders Drive. This petition was received by Council and referred to the Director Infrastructure and Works for investigation and to report to the Community and Resources Committee at a later date. As this intersection is situated on the boundary between the Town of Cambridge and the City of Stirling, this same petition has also been submitted to the City of Stirling.

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. Information For the Council/Committee to note.

Address/Property Location: Intersection of Harborne Street and Powis Street/Jon Sanders Drive, Wembley/Glendalough Report Date: 6 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks, Reporting Officer: Manager Technical Services and Works, Peter Foxcroft Contributing Officer: Coordinator Design, Waste and Technical Services, Kevin White Reporting Officer Interest: Nil Attachment(s): 1. Locality Plan 2. City of Stirling response letter to petition organiser.

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BACKGROUND:

The intersection of Harborne Street, Powis Street and Jon Sanders Drive is a signalised intersection with two through lanes on all approaches. All of these roads are categorised as District Distributors A. There are left turn pockets in and out of Powis Street to and from Harbourne Street. On the north east and south west corners are residential buildings with a service station and shopping centre on the northwest corner. The Lake Monger Primary School is on the south east corner of this intersection. (Attachment 1).

Approximately 115m east of the intersection is a pedestrian overpass crossing Powis Street. On Harborne Street, approximately 167m south of the intersection, there is a children’s guarded crossing servicing the Lake Monger Primary School. However, for pedestrians coming from or going to the northwest area they are required to cross the signalised intersection.

The local government boundary between the Town of Cambridge (the Town) and the City of Stirling is located along the centre of Jon Sanders Drive, Powis Street and through the centre of the intersection. Therefore, the signatories of this petition are residents of the City of Stirling. As a result, the City of Stirling have responded to the petition and have submitted a request to Main Roads WA. (Attachment 2).

DETAILS:

Lucy Hopkins has contacted both the City of Stirling and the Town requesting a dedicated pedestrian walk phase be installed on the traffic signals at the intersection of Harborne Street, Powis Street and Jon Sanders Drive, so as to increase the safety for her children walking to school. During phone conversations with staff from the Town, it was discussed as Main Roads have care and control of all traffic signals within the State, a request for an assessment would need to be submitted by the Town in coordination with the City of Stirling as this intersection is on the boarder of the two local governments. Subsequently the 120 signature petition has been submitted to both local authorities.

Following a request from the City of Stirling, Main Roads WA has agreed to conduct an assessment for the inclusion of a dedicated pedestrian phase for the traffic signals at this intersection. The City of Stirling have informed the Town of the response from Main Roads WA to their request with the following assessment schedule:

The Metropolitan Congestion Ranking

As at 2018/2019

th • Ranked 5 worst congested local intersection in the state for congestion • Cost of congestion is $4.9M per year

State Crash Ranking

From 31/12/2013 to 31/12/2018

• Ranked 127 (Frequency Rank) • Total number of crashes is 78 (over 5 years) • Cost $2.37M

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We can advise that the investigation including concept design and estimate will be completed early May 2020 as below:

Schedule of works by Main Roads

Item Action Anticipated Date/s 1. Main Roads to engage consultant to undertake traffic video 16 - 22 Feb 2020 surveillance (after school holidays) 1.1 Consultant to formulate and present video survey findings 9 March 2020 1.2 Council & Main Roads to review findings 10 March 2020 2. Main Roads to undertake in house LinSig modelling 24 March 2020 including improvement options 2.1 Council & Main Roads to assess the LinSig modelling 25 - 27 March findings 2020 3. Council/Main Roads to arrange 5% design concept 10 April 2020 3.1 Council /Main Roads to circulate design concept for 10 -24 April 2020 comments 4. Main Roads to provide high level construction cost estimate 1 May 2020

The Infrastructure and Works Directorate will monitor the Main Roads WA assessment and will inform Council upon notification of the decision.

POLICY/STATUTORY IMPLICATIONS:

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

RISK MANAGEMENT IMPLICATIONS:

Low: No works or infrastructure changes are required from the Town. However, there is a possibility of increased traffic congestion at this intersection if this modification proceeds.

FINANCIAL IMPLICATIONS:

In the event of Main Roads WA approving this amendment to the traffic signals, the Town may receive a request to provide a 50 percent share of the expense, which is estimated at $143,000.

STRATEGIC DIRECTION:

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

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 Strategy 6.2 Engage with surrounding local governments to ensure a more coordinated response to land use and transport planning and noise impacts.

COMMUNITY ENGAGEMENT:

Community Engagement is expected to be restricted to a general notification in the local press and on the Town’s Website if the proposal proceeds.

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the Administration to inform the petition organiser of the outcome of the Main Roads WA assessment once completed, for the modification of the traffic signals at the intersection of Harborne Street, Powis Street and Jon Sanders Drive, Wembley.

Motion put and CARRIED (5/0)

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CR20.35 CAPITAL WORKS AND PROJECTS REGISTER 2019-2020

PURPOSE OF REPORT:

To provide Council with the updated information contained within the attached Capital Works and Projects Register 2019/2020.

SUMMARY:

Council is requested to note any changes to the Town's projects program, as set out in the attached Capital Works and Projects Register update 2019-2020 (Attachment 1).

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. Information For the Council/Committee to note. 

Address/Property Location: 1 Bold Park Drive, Floreat Report Date: 6 March 2020 Responsible Officer: Director Infrastructure and Works, Kelton Hincks Reporting Officer: Manager Parks and Natural Environment, Andrew Head Manager Technical Services and Works, Peter Foxcroft Manager Assets Management, Peter Maloney Contributing Officers: Manager Parks and Natural Environment, Andrew Head Manager Technical Services and Works, Peter Foxcroft Manager Assets Management, Peter Maloney Reporting Officer Interest: Nil Attachment(s): 1. Capital Works and Projects Program 2019-2020

BACKGROUND:

Each year, the Town undertakes a considerable amount of Capital Works Projects, as well as other projects and programs to build new infrastructure, maintain existing assets, and provide support to the community. The attached Capital Works and Projects Register update 2019-2020 (Attachment 1) has been updated to detail these activities. This document will continue to be utilised to track the start and finish of projects, and provide an update on the current status of each activity.

Capital Works:

The Town's capital works projects are defined as building and engineering works that create an asset, as well as constructing or installing facilities and fixtures associated with, and forming an integral part of those works. This definition focuses on works where construction activity is required in order to create an asset. Such works would typically include constructing buildings

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 43 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020 and roads, structures or mechanical installations, upgrading or extending existing buildings, and major road works to upgrade existing roads.

Liaison with Elected Members, adopted Asset Management Plans, and feedback from community groups provide the basis for determining capital works under the following categories:

Renew/Replace:

An existing asset or a component of an asset, that has reached the end of its useful life.

With the exception of land, assets have limited useful lives and decline in value due to wear and tear.

New:

To construct an asset that did not previously exist.

Growth or Enhancement:

Increasing the capacity of existing assets beyond their original design capacity or service potential.

Disposal or Decommission:

To remove an asset from service that is no longer required.

DETAILS:

Each quarter, the Town provides an update to Council on the status of projects listed in the 2019- 2020 Budget. Projects are marked as scheduled, completed, or works in progress (WIP) and are set out to give an indication of when each project will be undertaken.

POLICY/STATUTORY IMPLICATIONS:

Nil

RISK MANAGEMENT IMPLICATIONS:

Low: This report provides an update on the progress of current projects and therefore present no risk to the Town.

FINANCIAL IMPLICATIONS:

There are no direct financial implications related to the receipt of this report or in the update of the schedule in the Capital Works and Projects Program 2019-2020. Changes or amendments however, may have financial implications in relation to existing allocations made under the Town's adopted Annual Budget 2019-2020.

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STRATEGIC DIRECTION:

In accordance with the town's strategic community plan 2018-2028, the following goals and strategies are applicable:

Our Council

Goal 10: The Town is a proactive local government that provides financially sustainable public assets, services and facilities. Strategy 10.1 Ensure appropriate resources are allocated to the preparation and implementation of day to day decision making, broader strategic planning and major projects. Strategy 10.2 Promote equity and transparency in the provision of infrastructure and services throughout the Town. Strategy 10.3 Ensure sound and sustainable financial planning, management and reporting. Sustainability implications: not applicable.

COMMUNITY ENGAGEMENT:

In accordance with policy 1.2.11 - community engagement, community consultation will be undertaken for those projects and programs as required, and will include notification to affected properties prior to commencement of any works.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council NOTES the Town's Capital Works Program 2019-2020 update, as set out in the attached Projects Register 2019-2020, as shown in Attachment 1.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 45 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

CR20.36 WEMBLEY GOLF COURSE – ONLINE BOOKING STATISTICS (JANUARY AND FEBRUARY 2020)

PURPOSE:

To provide an update on the number of golfing patrons booking online since this new strategy was implemented as part of the annual Fees and Charges review. (Item CR19.123 - December 2019 refers).

SUMMARY:

Online booking figures and overall numbers for Wembley Golf Course (WGC) golfers were monitored and measured throughout January and February 2020 to ascertain if any detrimental effect to player numbers occurred.

As at the end of February 2020, there has been no detrimental effect to player numbers. In fact, both of these months have seen the most participation in the number of rounds played at the WGC 7 years. This is very promising with a number of other public metropolitan golf courses showing a decline.

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. Information For the Council/Committee to note. 

Address/Property Location: Wembley Golf Course Report Date: 6 March 2020 Responsible Officer: Director Corporate and Community Services, Cam Robbins Reporting Officer: General Manager Wembley Golf Course, Josh Madden Contributing Officer: N/A Reporting Officer Interest Nil Attachment(s): Nil

BACKGROUND:

Through the WGC 2019 annual fee review (a price freeze for online bookings only), a strategy was recommended and endorsed by Council on the proviso that WGC monitors the outcomes and keep an eye out for declines in revenue relating to green fees.

A Goal of this strategy was to increase the WGC data acquisition, improve the pro-Shop customer service and incentive patrons to book on line.

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DETAILS:

The on-line booking system remains very strong with an increase of 4.6% from January to February 2020 as outlined in Table 1 below:

Month On Line (%) In Person or on Phone (%) January 2020 84.7 15.3 February 2020 89.3 10.7

POLICY/STATUTORY IMPLICATIONS:

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

RISK MANAGEMENT IMPLICATIONS:

Low: The adoption of the fees and charges is a statutory requirement, in accordance with the Local Government Act 1995.

There is/was some risk that making changes to our booking system could affect our green fee revenue. Specifically, with customers who might not embrace change. However, this has not been the case.

FINANCIAL IMPLICATIONS:

This equated to 13,049 rounds played which was 7.16% up on last year. Which is the most rounds (both 9 and 18) played in February across the last 7 years.

This increase in rounds played equated to green fee revenue rising 7.6% in comparison to the same time frame in February 2019.

(Note* This year we had one extra day in February 2020 as it is a leap year – the extra day accounted for approximately 3.5%)

STRATEGIC DIRECTION:

The Wembley Golf Course on-line booking stats for February 2020 supports the following Goals and Strategies of the Town’s Strategic Community Plan 2018-2028

Our Community

Goal 1 A sense of community, pride and belonging

Our Council

Goal 11 An efficient local government

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.

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COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council NOTES the Online Booking numbers for the Wembley Golf Course for the months of January and February 2020.

Motion put and CARRIED (5/0)

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CR20.37 PAYMENT OF ACCOUNTS - FEBRUARY 2020

PURPOSE:

To provide and confirm the schedule of payments for the month of February 2020 in accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996.

(i) CHEQUE PAYMENTS

Date From Date To Details Amount

Municipal Fund 07-February-2020 07-February-2020 057283 - 057296 $16,147.38 Municipal Fund 10-February-2020 14-February-2020 057297 - 057327 $62,368.85 Municipal Fund 21-February-2020 21-February-2020 057328 - 057350 $8,769.03 Municipal Fund 28-February-2020 28-February-2020 057351 - 057381 $56,726.69 Wembley Golf Course 01-February-2020 28-February-2020 00715 - 00729 $29,099.16

$173,111.11

(ii) ELECTRONIC FUND TRANSFERS (EFT'S)

Date From Date To Details Amount

Investments 01-February-2020 29-February-2020 INV1155 - INV1158 $6,007,446.58 Direct Bank Charges 01-February-2020 29-February-2020 Sup539 - Sup541 $25,031.71 Accounts Payable 01-February-2020 04-February-2020 E40463 - E40542 $497,976.29 Accounts Payable 06-February-2020 07-February-2020 E40543 - E40637 $581,544.48 Accounts Payable 14-February-2020 14-February-2020 E40638 - E40739 $236,841.04 Accounts Payable 21-February-2020 21-February-2020 E40740 - E40860 $1,111,067.15 Payroll 01-February-2020 29-February-2020 Pay1200 - Pay1202 $909,467.44 Wembley Golf Course 01-February-2020 28-February-2020 EP000449 - EP000455 $254,379.41

Total EFT Payments $9,623,754.10

TOTAL PAYMENTS $9,796,865.21

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.

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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. Information For the Council/Committee to note. 

Address/Property Location: N/A Report Date: 5 March 2020 Responsible Officer: Director Corporate and Community Services, Cam Robbins Reporting Officer: Manager Finance, Roy Ruitenga Contributing Officer: N/A Reporting Officer Interest: Nil Attachment(s): 1. 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 month.

POLICY/STATUTORY IMPLICATIONS:

Payments are in accordance with Policy No. 3.2.3 “Council Bank Accounts and Payments”.

RISK MANAGEMENT IMPLICATIONS:

Low: The schedule of payments has been produced in accordance with applicable local government legislation.

FINANCIAL IMPLICATIONS:

Expenses incurred are charged to the appropriate items included in the annual budget.

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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 Engagement Policy. In accordance with the assessment criteria it was determined that community engagement is not required.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

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.

Motion put and CARRIED (5/0)

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CR20.38 INVESTMENT SCHEDULE – FEBRUARY 2020

PURPOSE:

To provide information to Council in relation to its investment portfolio performance during the month of February 2020.

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. Information For the Council/Committee to note. 

Address/Property Location: N/A Report Date: 5 March 2020 Responsible Officer: Director Corporate and Community Services, Cam Robbins Reporting Officer: Manager Finance, Roy Ruitenga Contributing Officer: N/A Reporting Officer Interest Nil Attachment(s): Prudential Consolidated Investment Report – February 2020

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 March 2020 meeting, the Reserve Bank of Australia decided to lower the cash rate to another historical low of 0.50% to support the economy amid the global outbreak of coronavirus.

The global economic growth in the first half of 2020 is expected to be lower than earlier expected. It is too early to determine how large and long-lasting the effects of the coronavirus will be and

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 52 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020 at what point the global economy will return to improved growth. Policy measures have been announced in several countries to help support economic growth.

The coronavirus outbreak overseas is having a significant impact on the Australian economy, particularly the education and travel sectors. As a result, GDP growth in the March 2020 quarter is likely to be noticeably weaker than earlier expected. The Australian dollar is at its lowest level for many years. The low level of interest rates, high levels of spending on infrastructure, the lower exchange rate, a positive outlook for the resources sector and expected recoveries in residential construction and household consumption, is expected to return the economy to an improving trend once the coronavirus is contained. The unemployment rate increased in January 2020 to 5.3 per cent.

Looking forward, in terms of the Town’s investment portfolio, interest rates have declined as a result of the Reserve Bank's cash rate cut. The major banks rates for one to three month terms are on average 1.22%, for terms of four to six months on average 1.48% and for terms of seven months to nine months on average 1.45%. The UBS Bank Bill Index rate (an index measuring performance of interest rates over a 90 day period) was 0.95% for February 2019. The 90 days BBSW or Bank Bill Swap rate (a measure of future interest rates) was 0.81% as at 28 February 2020. As Council’s investment portfolio is predominantly short term cash products, the cash rate of 0.75% for February 2020 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 1.65%. The weighted average investment period of 185 days (approximately six months) is consistent with term deposit rates (with the major Australian banks) which for this period were an average of 1.47%.

Investment Portfolio Performance for February 2020

The graphs below show the interest rate performance of the Town's investment portfolio for the 12 month period, specifically February 2019 to February 2020.

Investment Performance Interest Rates For February 2019 to February 2020 4.00

3.00

2.00

1.00

0.00

Weighted Avg Interest UBS Bank Bill Index Cash Rate

The graph below shows the rolling 12 month weighted average investment performance of the Town's investment portfolio, since February 2017.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 53 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

Rolling Weighted Average Investment Performance Interest Rates For February 2017 to February 2020

6.00

5.00

4.00

3.00

2.00

1.00

0.00 Feb-17 May-17 Aug-17 Nov- 17 Feb-18 May-18 Aug-18 Nov- 18 Feb-19 May-19 Aug-19 Nov- 19 Feb-20

Weighted Avg Interest 90 UBS Bank Bill Index

The total investment at the end of February 2020 is $54.6 million which consists of Municipal Funds of $21.3 million, Reserve Funds of $30.8 million and Endowment Lands Funds of $2.5 million.

The graph below represents the total investment portfolio of the Town from February 2019 to February 2020.

Millions Investment Portfolio 63 60 57 54 51 48 45 42 39 36 33 30 27 24 21 18 15 12 9 6 3 0 Feb 19 Mar 19 Apr 19 May 19 Jun 19 Jul 19 Aug 19 Sep 19 Oct 19 Nov 19 Dec 19 Jan 20 Feb 20

Reserves Endowment Trust Municipal

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 54 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

The Managed Cash Funds performance as at the end of February 2020 is as follows:

Current % of Weighted Term Interest February 2020 Total Amount Funds Average (Days) Rating Rate Income Invested Invested Interest Floating Rate Notes . Emerald Reverse Mortgage "AA" 1.34% $595 $551,102 1.01% 0.01%

Sub-total $595 $551,102 1.01% 0.01% Term Deposits and Bank Bills ANZ - Term Deposit 196 "A1+" 1.55% $2,463 $2,009,342 3.68% 0.06% ANZ - Term Deposit 210 "A1+" 1.55% $2,463 $2,009,342 3.68% 0.06% ANZ - Term Deposit 224 "A1+" 1.55% $1,232 $1,004,671 1.84% 0.03% ANZ - Term Deposit 273 "A1+" 1.49% $776 $1,000,776 1.83% 0.03% NAB - Term Deposit 182 "A1+" 1.60% $3,325 $2,631,485 4.82% 0.08% NAB - Term Deposit 126 "A1+" 1.58% $1,266 $1,012,359 1.85% 0.03% NAB - Term Deposit 154 "A1+" 1.58% $1,898 $1,515,567 2.78% 0.04% NAB - Term Deposit 126 "A1+" 1.60% $1,279 $1,008,180 1.85% 0.03% NAB - Term Deposit 154 "A1+" 1.57% $1,255 $1,008,137 1.85% 0.03% NAB - Term Deposit 175 "A1+" 1.72% $2,050 $1,512,228 2.77% 0.05% NAB - Term Deposit 161 "A1+" 1.60% $1,271 $1,006,049 1.84% 0.03% NAB - Term Deposit 161 "A1+" 1.60% $1,271 $1,006,049 1.84% 0.03% NAB - Term Deposit 161 "A1+" 1.60% $1,271 $1,006,049 1.84% 0.03% NAB - Term Deposit 182 "A1+" 1.54% $2,459 $2,018,696 3.70% 0.06% NAB - Term Deposit 155 "A1+" 1.58% $1,255 $1,002,987 1.84% 0.03% NAB - Term Deposit 160 "A1+" 1.57% $2,495 $2,003,441 3.67% 0.06% NAB - Term Deposit 243 "A1+" 1.53% $2,012 $2,002,012 3.67% 0.06% Westpac - Term Deposit 189 "A1+" 1.80% $2,860 $2,018,444 3.70% 0.07% Macquarie - Term Deposit 194 "A1" 1.80% $1,430 $1,008,088 1.85% 0.03% Macquarie - Term Deposit 180 "A1" 1.80% $1,430 $1,008,088 1.85% 0.03% Macquarie - Term Deposit 208 "A1" 1.80% $1,430 $1,008,088 1.85% 0.03% Macquarie - Term Deposit 214 "A1" 1.80% $2,145 $1,512,058 2.77% 0.05% Macquarie - Term Deposit 179 "A1" 1.80% $1,430 $1,008,038 1.85% 0.03% Macquarie - Term Deposit 154 "A1" 1.60% $530 $1,007,977 1.85% 0.03% Macquarie - Term Deposit 214 "A1" 1.75% $3,476 $2,518,699 4.61% 0.08% Macquarie - Term Deposit 160 "A1" 1.65% $1,966 $1,506,442 2.76% 0.05% Macquarie - Term Deposit 174 "A1" 1.65% $1,966 $1,506,442 2.76% 0.05% Macquarie - Term Deposit 180 "A1" 1.65% $3,933 $3,011,799 5.52% 0.09% Macquarie - Term Deposit 180 "A1" 1.65% $2,622 $2,007,866 3.68% 0.06% Macquarie - Term Deposit 84 "A1" 1.73% $2,060 $1,502,344 2.75% 0.05% Macquarie - Term Deposit 272 "A1" 1.60% $351 $2,000,351 3.66% 0.06% Suncorp - Term Deposit 181 "A1" 1.65% $1,318 $1,013,210 1.86% 0.03% Suncorp - Term Deposit 182 "A1" 1.60% $1,924 $1,522,967 2.79% 0.04% Suncorp - Term Deposit 210 "A1" 1.58% $2,588 $2,072,916 3.80% 0.06% Suncorp - Term Deposit 273 "A1" 1.55% $2,533 $2,065,668 3.78% 0.06% TD Matured in February $4,034 Sub-total $70,068 $54,056,853 98.99% 1.64%

Total Investments $70,663 $54,607,955 100.00% 1.65% Weighted Average 185 1.65%

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.

RISK MANAGEMENT IMPLICATIONS:

Low: The investments are in accordance with Council’s adopted Investment Policy 3.2.5 and applicable local government legislation.

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.

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 55 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

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:

Actual as at Budget YTD Budget Actual as at June 2019 2019/2020 February 2020 February 2020 %

General * 672,617 460,000 289,800 230,530 50.1% Reserves 710,931 497,600 335,800 336,593 67.6% Endowment Lands 125,727 100,000 64,000 24,554 24.6% External Investments 1,509,275 1,057,600 689,600 591,677 55.9%

Reserve (Internal Loan) 327,232 228,300 172,600 172,710 75.7% Endowment Lands (Internal Loan) 767,541 653,400 475,000 475,033 72.7% Internal Loans 1,094,773 881,700 647,600 647,743 73.5%

Total Investments 2,604,048 1,939,300 1,337,200 1,239,420 63.9%

* Includes Bank Account Interest of $12,782.

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 Engagement Policy. In accordance with the assessment criteria it was determined that community engagement is not required.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council RECEIVES the Investment Schedule for 29 February 2020, as attached.

During discussion, the Administration was requested to include the maturity date of the term deposits in the Managed Cash Funds table.

Motion put and CARRIED (5/0)

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 56 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

CR20.39 DOCUMENTS SEALED – MARCH 2020

PURPOSE:

The purpose of this report is to inform the Council of the use of the Council Common Seal.

SUMMARY:

To advise Council of documents those 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

person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Information For the Council/Committee to note. 

Address/Property Location: 1 Bold Park Drive, Floreat WA 6014 Report Date: 12 March 2020 Responsible Officer: Chief Executive Officer, John Giorgi, JP Reporting Officer: Executive & Elected Member Liaison Officer, Tracey Jackson Reporting Officer Interest: Nil Contributing Officers: Nil Attachments: Not Applicable

BACKGROUND:

There is a statutory requirement for the affixing of the Common Seal to be placed on documents. Council Policy directs the type of documentation to which the seal may be affixed, and requires a subsequent report to Council for noting.

DETAILS:

A schedule of documents affixed with the Common Seal of the Town of Cambridge is shown below:

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 57 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

Date Sealed Document Details Purpose No. Copies Withdrawal of Caveat for 20 Request for withdrawal of caveat 19.02.2020 Alkoomie Terrace, City 2 and 70A Notification Beach Deed of Maintenance of Upgrade Deed for Lot 8008 Finishline 19.02.2020 3 and Public Access Way View, Floreat Lot 6000 on Deposited Plan 10.03.2020 Request for Extension of Lease 3 74241 Deed of Maintenance Agreement Lot 8008 Finishline View 10.03.2020 3 an Upgrade of public access Floreat

POLICY/STATUTORY IMPLICATIONS:

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

RISK MANAGEMENT IMPLICATIONS:

Low: The use of the Council’s Common Seal is a routine administrative matter. Accordingly, the risk is considered to be low.

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

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 Mack, seconded by Cr Barlow

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 - 16 MARCH 2020 58 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

CR20.40 REGISTER OF PETITIONS AS AT 25 FEBRUARY 2020

PURPOSE:

This report provides an update on Petitions received by Council, as at 25 February 2020.

SUMMARY:

Report CR20.21 – ‘Register of Petitions – Progress Report’, was presented to the Ordinary Council Meeting of 25 February 2020, and detailed Petitions presented to Council from 1 July 2018 to 12 February 2020. This report details Petitions received to date which remain active.

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 Drive, Floreat Report Date: 11 March 2020 Responsible Officer: Chief Executive Officer – John Giorgi, JP Reporting Officers: Coordinator Governance and Office of the CEO – Lee Gyomorei Contributing Officer: Not Applicable. Reporting Officer Interest: Nil. Attachment(s): 1. Register of Petitions.

BACKGROUND:

As part of the Town’s ongoing governance improvements, it was determined to provide Council with an update report on Petitions received on a regular basis.

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DETAILS:

Petitions presented at Ordinary Meetings are considered by Council, and if received, are actioned by the Town’s Administration. Attachment 1 details Petitions received to date which remain active.

The following graph details Petitions received from July 2009 to 25 February 2020:

Number of Petitions Received - July 2009 to Date

14 13 13 12 12 11

10 8 8 8 7 7 6 6

4 3 2 2

0 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- 2019- 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

The following graph details the status of petitions received from July 2018 to date:

Petitions Received - July 2018 to Date 60

50

40

30

20

10

0 Complete Not Complete Petitions Received July 2018 to Date

No %

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 60 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

POLICY/STATUTORY IMPLICATIONS:

Town of Cambridge Meeting Procedures Local Law 2019.

RISK MANAGEMENT IMPLICATIONS:

Low: Reporting on the status of petitions, and adoption of the Administration’s recommendation detailed in this report, provides for good governance and transparency. Risks will vary for reports on each individual petition.

FINANCIAL IMPLICATIONS:

There is no financial impact through adoption of the Administration’s recommendation, however separate reports on each individual Petition may have financial implications.

STRATEGIC DIRECTION:

The 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.

COMMUNITY ENGAGEMENT:

This matter has been assessed under Policy 1.2.11 – Community Engagement, and does not require community consultation, as the matter is administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council NOTES the status of Petitions, as at 25 February 2020, as detailed in this report.

Motion put and CARRIED (5/0)

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CR20.41 REGISTER OF NOTICES OF MOTION AS AT 25 FEBRUARY 2020

PURPOSE:

This report provides an update on Notices of Motion presented to Council as at 25 February 2020.

SUMMARY:

Report CR20.22 – ‘Register of Notices of Motion – Status as at 1 January 2019 to 31 December 2019’, was presented to the Ordinary Council Meeting of 25 February 2020, and detailed Notices of Motion presented to Council for the full calendar year of 2019.

This report presents to the Notices of Motion presented to date for 2020.

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 Drive, Floreat Report Date: 11 March 2020 Responsible Officer: Chief Executive Officer – John Giorgi, JP Reporting Officers: Coordinator Governance and Office of the CEO – Lee Gyomorei Contributing Officer: Not Applicable. Reporting Officer Interest: Nil. Attachment(s): 1. Register of Notices of Motion – 2020.

BACKGROUND:

As part of the Town’s ongoing governance improvements, it was determined to provide Council with an update report on Notices of Motion on a regular basis.

DETAILS:

Notices of Motion presented at Ordinary Meetings are considered by Council, and if adopted, are actioned by the Town’s Administration. Attachment 1 details Notices of Motion presented to date for 2020. A total of three (3) Notices of Motion were presented to Council in February 2020,

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 62 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020 represented graphically below by number and percentage received, and number and percentage by Elected Member.

No of Notices of Motion - 2020 2.5 70.00 66.67 2 60.00 2 50.00

1.5 40.00 1 33.33 1 30.00 20.00 No 0.5 10.00 % 0.00 0 0.00 0 0.00 0 0.00 0 0 0.00 Motion Lost Motion Motion Deferred Motion Withdrawn Adopted as Amended Adopted as Presented

Motion Ruled Out of Order

No of Notices of Motion by Elected Member - 2020 35 33.33 33.33 33.33 30 25 20 15 10 No 5 1 1 1 % 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 Cr Cr Gary Mack Cr Ian Everett Cr Rod Bradley Cr Kate Barlow Cr James Nelson Cr Mayor Keri Shannon Keri Mayor Cr Kate McKerracher Cr Alaine Haddon-Casey Cr Cr Andres Timmermanis Andres Cr

MINUTES - COMMUNITY AND RESOURCES COMMITTEE - 16 MARCH 2020 63 COMMUNITY AND RESOURCES COMMITTEE MONDAY 16 MARCH 2020

The following graph shows a total of Notices of Motion for the period 2009 to 2020.

Total Number of Notices of Motion 2009-2020 80

70 67

60

48 50

40 32 30 24 29 20

10 7 6 4 3 2 2 3 0 2008 2010 2012 2014 2016 2018 2020 2022

POLICY/STATUTORY IMPLICATIONS:

(a) Town of Cambridge Meeting Procedures Local Law 2019.

RISK MANAGEMENT IMPLICATIONS:

Low: Reporting on the status of Notices of Motion, and adoption of the Administration’s recommendation detailed in this report, provides for good governance and transparency. Risks will vary for reports on each individual Notice of Motion.

FINANCIAL IMPLICATIONS:

There is no financial impact through adoption of the recommendation, however separate reports on each individual adopted Notice of Motion may have financial implications.

STRATEGIC DIRECTION:

The 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.

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COMMUNITY ENGAGEMENT:

This matter has been assessed under Policy 1.2.11 – Community Engagement, and does not require community consultation, as the matter is administrative in nature.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council NOTES the status of Notices of Motion as at 25 February 2020.

Motion put and CARRIED (5/0)

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CR20.42 WALGA - LOCAL GOVERNMENT HOUSE TRUST – DEED OF VARIATION

PURPOSE: The purpose of this report is to advise the Council of the Trust’s Board of Management request seeking to vary the Trust Deed in order to assist the Trust’s income tax exempt status. As stipulated by the Deed, the Trust requires consent of at least 75 per cent of all beneficiaries in order to execute this variation.

SUMMARY:

The Western Australian Local Government Association (WALGA) CEO has written to the Town’s CEO seeking the Council’s consent by formal resolution to a variation to the Trust Deed for the Local Government House Trust (The Trust).

The Town of Cambridge is a unit holder and beneficiary to the Local Government House Trust, holding 2 unit/s as advised in WALGA’s recent Quarterly Report Q4 2019.

As a beneficiary, the Town is requested to consent to the enclosed Deed of Variation supported by a resolution of Council; and to communicate this consent to WALGA in writing.

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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge Administration, 1 Bold Park Drive, Floreat Report Date: 12 March 2020 Responsible Officer: Chief Executive Officer - John Giorgi, JP Reporting Officer: Chief Executive Officer - John Giorgi, JP Contributing Officer: Nil Reporting Officer Interest: Nil Attachments: 1. Attachment 1 Deed of Variation; 2. Attachment 2 Clause 2 of Trust Deed 1994.

BACKGROUND:

The Local Government House Trust (“The Trust”) exists primarily to provide building accommodation for the Western Australian Local Government Association. Since January 2014, the Trust has provided WALGA with accommodation at 170 Railway Parade West Leederville.

The current Trust Deed commenced in 1993 and was amended in 2002 to reflect the merger of the metropolitan and country associations into WALGA. The current Trust Deed pronounces

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WALGA as Trustee and unit holders as Beneficiaries, with the Trustee holding property and associated monies “upon Trust” and in proportion to the units provided.

Commencement date of the current deed is 17 February 1993, with a vesting date 79 years from commencement - which means that the Trust ends in 2072.

The Trust is exempt from income tax on the basis of being a State / Territory Body (STB) pursuant to Division 1AB of the Income Tax Assessment Act 1936.

DETAILS: Trust Deed Variation

Trust Deed amendments set out in the Deed of Variation are based on legal advice and are intended to assist the Trust’s income tax exempt status by strengthening the position that the Trust is a State / Territory Body (STB).

Legal advice identified that the Trustee’s ability to retire and appoint a new Trustee might affect the Trust’s classification as a State or Territory Body (STB). This view, while based upon highly technical grounds, is a risk nonetheless. Subsequently the Deed of Variation aims to strengthen the position that the Trust is a STB through the following amendments:

1. Removing the existing Trustee’s power to retire and appoint a new Trustee (Clause 2.1 and 2.2 (22.3) of the Deed of Variation) 2. Enabling the beneficiaries to appoint and remove a Trustee (Clause 2.2 (22.4) of the Deed of Variation), and 3. Ensuring that the Board of Management is the ‘governing body’ of the Trust (Clause 2.3 of the Deed of Variation).

The three proposed amendments when applied to the relevant clauses inserted by the Deed of Variation dated 5 June 2002 will subsequently read as follows (proposed amendments shown in red text):

1. Variation 2.1 amends clause 22.1 to point to additional clause:

22.1 Any Trustee of the Trust may retire as Trustee of the Trust. The Subject to clause 22.3, the right to appoint any new or additional trustee or trustees of the Trust is hereby vested in the retiring or continuing trustee. A corporation or incorporated association may be appointed as Trustee of the Trust.

2. Variation 2.2 inserts two new clauses:

22.3 The retiring or continuing trustee shall only be entitled to appoint any new or additional trustee of the Trust with the consent of not less than 75% of the Beneficiaries. 22.4 The Beneficiaries may at any time by Special Resolution: (a) Remove a Trustee from the office as Trustee of the Trust; and (b) Appoint such new or additional Trustee. 3. Variation 2.3 insert a new clause 13A

13A Delegation to the Board of Management Unless the Beneficiaries otherwise direct (such direction to be given by not less than 75% of the Beneficiaries), the Trustees shall delegate all of the powers authorities and discretions contained in subclauses (a) to (x) of clause 12 to the Board of Management. The Trustees shall, at the direction of the Board of Management, do such things as may be necessary to give effect to the exercise of a power, authority or discretion by the Board of Management.

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The first two amendments outlined above remove powers granted to the Trustee in the 2002 Deed Variation resulting from the merger to a single Association representing WA Local Governments. These amendments which previously facilitated the transfer of trusteeship to the then new Western Australian Local Government Association are removed, but with the clarification that any appointment must be with the consent of the beneficiaries.

The final amendment intends to confirm that power rests with the Board of Management. As the Board of Management comprises Local Governments, this satisfies the requirements of a STB for tax purposes. This amendment reflects the actual operation of the Trustee in implementing the decisions of the Board of Management whilst retaining sufficient operational discretion to place and renew investments and pay suppliers.

These amendments provide greater power to beneficiaries through the Board of Management, and as such it is anticipated they will be considered acceptable.

POLICY/STATUTORY IMPLICATIONS:

There are no policy implications in relation to this report.

RISK MANAGEMENT IMPLICATIONS:

Low: This matter has a low risk to the Town.

FINANCIAL IMPLICATIONS:

Nil

STRATEGIC DIRECTION:

The 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.

COMMUNITY ENGAGEMENT:

Not required.

ADMINISTRATION RECOMMENDATION

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES a variation to the Western Australian Local Government Association Trust Deed for the Local Government House Trust.

During discussion, the Administration was requested to obtain further information on the proposed variation, prior to the next meeting of Council.

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PROCEDURAL MOTION:

Moved by Cr Bradley, seconded by Mayor Shannon

That the item WALGA - Local Government House Trust – Deed of Variation be submitted to Council for determination.

Motion put and CARRIED (5/0)

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CR20.43 COASTAL HAZARD PLANNING ISSUES PAPER - WALGA FUNDING REQUEST

PURPOSE:

The purpose of this report is to obtain Council’s approval of a funding request of up to $3,000.

SUMMARY: WALGA has recently written to the Town seeking a financial contribution to enable them to engage a legal firm to provide qualified advice and opinion with respect matters associated with coastal planning, including estuaries, and expected sea level rise.

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. Information For the Council/Committee to note. 

Address/Property Location: Town of Cambridge Administration, 1 Bold Park Drive, Floreat Report Date: 12 March 2020 Responsible Officer: Chief Executive Officer - John Giorgi, JP Reporting Officer: Chief Executive Officer - John Giorgi, JP Contributing Officer: Nil Reporting Officer Interest: Nil Attachments: 1. WALGA Local Government Coastal Hazard Planning Issues Paper December 2019;

BACKGROUND:

WALGA, LGIS and some Local Governments dealing with coastal hazard planning responsibilities in Western Australia have formed the Local Government Coastal Hazard Risk Management and Adaptation Planning forum (CHRMAP) that meets regularly to discuss and progress common issues that Local Governments are experiencing in meeting coastal hazard planning responsibilities established under State Planning Policy 2.6: Coastal Planning Policy.

As a local government, the Town administers numerous Acts, regulations and local laws. As such, it incurs legal expenses in performing its statutory role.

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DETAILS:

The CHRMAP Forum prepared an Issues Paper available here in 2019 which presented nine scenarios for coastal adaptation in response to increased coastal erosion and inundation which, in turn, raised a number of questions, mostly of a legal nature. Consequently, it is imperative to seek certified and qualified legal advice to help answer these questions. The CHRMAP Forum has formed a Subcommittee to oversee this project (Project).

In December 2019, the Subcommittee released a request for quotes from law firms to provide that legal advice. The Subcommittee assessed the quotes, and selected McLeods Barristers and Solicitors as the successful firm. The estimate total budget for the Project is $45,000 + GST, which includes a contingency. The Subcommittee is seeking a contribution from each Local Government with coastal and/or estuarine lands.

The Subcommittee also agreed that WALGA should administer the fund as WALGA has experience in administering similar projects. It is envisioned that the project will take between four to six months to complete, commencing in May 2020.

Once WALGA has reviewed the final advice from McLeods, Local Governments who financially contribute will either have access to the qualified advice and opinion, or some general advice in the form of guidance from WALGA. A financial contribution means that contributors agree not to share the qualified advice and opinion or any general advice in the form of guidance from WALGA with external parties or non-contributors. It is expected that the outputs from this work will be valuable references and resources for Local Governments in their planning and decision making related to the coast or estuarine lands.

As the Town has several kilometres of coast line and has been identified as a potential risk, it is considered that the legal advice obtained as part of the WALGA joint funding proposal would be cost effective and beneficial.

POLICY/STATUTORY IMPLICATIONS:

There are no policy implications in relation to this report.

RISK MANAGEMENT IMPLICATIONS:

Low: This matter has been assess as a low risk.

FINANCIAL IMPLICATIONS:

The proposed funding model is an equal contribution model. Sixty one (61) Local Governments have been identified as potentially having an interest in this work, and so the more Local Governments that contribute, the less will be the individual contribution required. For example, if 15 Local Governments contribute, it would be $3000 each, if 30 Local Governments contribute, it will be $1500 each.

STRATEGIC DIRECTION:

Our Environment

Goal 7: The Town is environmentally responsible and leads by example. Strategy 7.5 Promote our environment assets and opportunities and recognise the impacts of climate change in our strategies.

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COMMUNITY ENGAGEMENT:

Not required

ADMINISTRATION RECOMMENDATION

Moved by Cr Mack, seconded by Cr Barlow

That Council:-

1. RECEIVES the Town of Cambridge Coastal Hazard Planning Issues Paper – Funding Request Letter; and

2. APPROVES of the Town to contribute an amount up to a maximum of $3,000 as determined by the Chief Executive Officer, to contribute to a funding request from the Western Australian Local Government Association for legal advice concerning coastal planning, erosion and inundation.

During discussion, the Administration was requested to obtain further information on the expertise of McLeods Barristers in the area of coastal hazard planning. The Presiding Member Cr Timmermanis advised that in accordance with Clause 9.8 of the Town of Cambridge Meeting Procedures Local Law 2019, the motion be divided into two separate motions.

That Council:-

1. RECEIVES the Town of Cambridge Coastal Hazard Planning Issues Paper – Funding Request Letter.

Motion put and CARRIED (5/0)

2. APPROVES of the Town to contribute an amount up to a maximum of $3,000 as determined by the Chief Executive Officer, to contribute to a funding request from the Western Australian Local Government Association for legal advice concerning coastal planning, erosion and inundation.

Motion put and LOST (1/4)

For: Cr Mack Against: Mayor Shannon, Crs Barlow, Bradley and Timmermanis

COMMITTEE RECOMMENDATION:

That Council RECEIVES the Town of Cambridge Coastal Hazard Planning Issues Paper – Funding Request Letter.

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CR20.44 WEMBLEY GOLF COURSE BUSHLAND FIRE - UPDATE

PURPOSE OF REPORT:

The purpose of this report is to inform the Council of a major fire which occurred in bushland within the WGC in the early hours of Thursday, 12 March 2020.

SUMMARY:

A major suspicious fire occurred in the northern part of the bushland within the WGC (opposite Newman College) in the early hours of 12 March 2020. Several hectares of bushland was burnt, fortunately no one was injured and no major infrastructure was damaged.

Copies of the fire is provided at Attachment 1.

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. Information For the Council/Committee to note. 

Address/Property Location: 200 The Boulevard Wembley. Report Date: 13 March 2020 Responsible Officer: Chief Executive Officer – John Giorgi, JP Reporting Officer: Chief Executive Officer – John Giorgi, JP Contributing Officers: General Manager WGC – Joshua Madden. Director Corporate and Community Services – Cam Robbins Reporting Officer Interest Nil. Attachment(s): 1. Photographs 2. Mayor’s Media Statement

BACKGROUND:

A major fire occurred in the bushland at the WGC in the early hours of 12 March 2020. A suspicious fire commenced in the northern part of the golf course (in bushland), opposite Newman College. Several hectares of bushland was burnt, fortunately no one was injured and no major infrastructure was damaged.

DETAILS:

At approximately 4.30am, WGC staff saw the fire and immediately called the fire brigade, which attended within 10 minutes. The area is the natural bushland near the north east boundary. There is no equipment or power in this area – therefore making the blaze suspicious.

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Multiple staff claimed to have heard voices in the area and shortly afterwards saw a fire commence in the bushland. The WGC Emergency Response Plan was activated and as the course had not yet opened to the public, no public were on the course. There was no need for evacuation due to the time of the morning 4:30am. There was 14 staff on site at the time (green keeping team).

The Fire brigade accessed all emergency gates which were opened by WGC staff and used the fire tracks to locate the source. Fortunately, the WGC had upgraded the reticulation system in 2006 which allowed the Fire Brigade to access and utilise the WGC water supply. When tested by the Fire Brigade the water pressure was sufficient at 180litres per second which enabled them to refill their trucks on site and closer to effected risk areas.

Aerial fire- fighting planes were also used in areas to thick for the Fire Brigade trucks to combat the fire. Empire Avenue was closed to traffic and the fire was under control within 40 minutes. ‘Mopping – up’ occurred during the day and embers were and are still being monitored, as several flare-ups occurred.

There was no damage to infrastructure, however a more thorough inspection including the arson squad is currently underway. At the request of the fire brigade, several large trees will most likely need to be cut down as a safety precaution.

The WGC staff closed the two front nine holes of each course (Tuart and Old) to ensure safety of golf patrons whilst investigations were ongoing.

It is noted that as at the Friday, 13 March 2020 the course is open to the public and the situation is being monitored closely.

Extensive media coverage was received in all media, TV, radio and print. The Mayor issued a media statement (refer Attachment 2)

The Town‘s Insurer have been notified, for insurance purposes.

POLICY/STATUTORY IMPLICATIONS:

Nil

RISK MANAGEMENT IMPLICATIONS:

Risk Mitigation:

The WGC has an Emergency Response Plan with a specific section on Fire and Smoke Emergencies. Actions were undertaken in accordance with the plan.

The matter of bushland fuel load will be further investigated to see if this can be reduced via controlled back burning and this will be the subject of discussions with the Fire brigade, Town’s insurer and other government agencies.

FINANCIAL IMPLICATIONS:

As the north nine holes was closed, there will be a small loss of income from loss of fees - which is yet to be determined.

The Town has contacted its Insurers and a claim will then be subsequently lodged.

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STRATEGIC DIRECTION:

The recommendation detailed in this report embraces the following strategies of the Town’s Strategic 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.

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council RECEIVES the report dated 13 March 2020 concerning the major fire which occurred in bushland at the Wembley Golf Course (WGC) on 12 March 2020.

Motion put and CARRIED (5/0)

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CR20.45 CORONAVIRUS (COVID-19) – TOWN OF CAMBRIDGE POSITION STATEMENT

PURPOSE OF REPORT:

The purpose of this report is to inform the Council of the Coronavirus (COVID-19) serious public health issue, which is currently affecting the world, and provide details of the Town’s Position Statement and of action taken to date.

SUMMARY:

In early 2020, it was announced that Coronavirus (COVID-19) was identified as a serious public health issue and this is currently affecting the world. The Town has issued a Position Statement to inform employees and persons who conduct business with the Town.

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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge 1 Bold Park Drive Floreat Report Date: 13 March 2020 Responsible Officer: Chief Executive Officer – John Giorgi, JP Reporting Officer: Chief Executive Officer – John Giorgi, JP Contributing Officers: Nil Reporting Officer Interest Nil. Attachment(s): 1. Town Position Statement – dated 12 March 2020 2. Letter from Minister for Local Government dated 12 March 2020 3. Department of Health Fact Sheet dated 12 March 2020. 4. Department of Health Fact Sheet- Public Events in WA dated 12 March 2010.

BACKGROUND:

The world is currently coping with the latest threat to human health, namely the Coronavirus. (COVID-19) is a new coronavirus that was first identified in Wuhan, Hubei Province, China in December 2019. It is a new strain of coronaviruses that hasn’t previously been identified in humans. Coronaviruses are a large family of viruses that can cause illness in humans and animals. Human coronavirus illnesses are generally mild such as the common cold. However, some coronaviruses can cause severe diseases such as Severe Acute Respiratory Syndrome (SARS), which was identified in 2002, and Middle East Respiratory Syndrome (MERS), which was identified in 2012. COVID-19 is a new strain of coronaviruses that hasn’t previously been identified in humans.

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The main difference between COVID-19 and the flu is that there is a lack of immunity in the community for the new coronavirus because there is no vaccine. Another difference is that the coronavirus appears to take about six to seven days to spread between people, whereas the flu can spread between people in four days

The disease has been identified as a serious public health risk to the world and everyone has been requested to take preventative measures, including individuals, Federal, state and local government agencies. It has been declared a Notifiable disease under the Public Health Act 2016.

The potential to cause deaths in ‘at risk’ people, particularly the elderly and immune affected persons and to cause serious illness in others has caused public health agencies to issue extensive information.

Countries around the world have all taken action to minimise the impact on their countries and people. Extensive media publicity is currently occurring and there have been instances of panic in some sectors of the community (eg panic buying).

DETAILS:

In Western Australia, the lead agency is the State Department of Health. Regular updates have been issued to inform the public. The town is receiving the Updates and is acting in accordance with advice provided.

On 11 March 2020, the Chief Executive Officer and Mayor Keri Shannon met and discussed this matter and it was agreed to prepare a Town Position Statement to inform the Town’s employees and other persons who conduct business with the Town. On 12 March 2020, the CEO issued a Position Statement- refer Attachment 1.

The Town’s Position Statement covers the following matters:

1. Employee Guidelines 2. Meeting Protocols 3. Protocols for Persons attending Town workplaces 4. Where to get more information 5. Employee Assistance Program – for Employees and Elected Members 6. Future Actions- ‘formation of ‘In-house working group’. 7. Frequently Asked Questions (FAQ’s).

In-house Working Group:

An ‘in-house’ Working Group has been formed and comprises of representatives of most of the Town’s Sections. The Working Group will be chaired by the CEO and will investigate preventative measures to minimise the impact on the Town’s employees and appropriate measures to ensure the Town’s operations are not interrupted and services are continued to be provided.

On 12 March 2020, the Minister for Local Government issued a letter to all local governments and this is shown at Attachment 2.

The Western Australian Local Government Association has also issued information specifically for local government and has advised that it will continue to provide regular information updates.

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Community Events:

A major component of the Town’s activities involves events at Town facilities and public events such as ‘Canines in the Park’, Cambridge street festival and so on. As at the 12 March 2020, the Town’s position is as follows:

Q1. Whether Town events are still going ahead? Response: Yes - until further advised.

Q2. Whether events being held at Town venues and facilities are still going ahead? Response: Yes - until further advised.

Q3. Clients cancelling their events at the Town’s venues and facilities and wanting a full refund (there is a cancellation fee applicable to some of these bookings). Response: Any request for a refund is to be considered on its merit prior to a decision being made.

Q4. Clients requesting advice on whether they should cancel their events at Town venues and facilities. What do we say? Response: Clients should be advised to contact the State Health Department – as they are the Lead Agency in this matter - to obtain the latest advice, so they can make an informed decision.

POLICY/STATUTORY IMPLICATIONS:

The Town has a ‘duty of care’ to provide a safe workplace.

The following legislation is applicable.

Local Government Act 1995 Public Health Act 2016 Emergency Management Act 2005

RISK MANAGEMENT IMPLICATIONS:

High: The matter has been identified as high risk, as it has the potential to seriously affect the Town’s employees and /or cause major disruption to the town’s delivery of services and business.

FINANCIAL IMPLICATIONS:

To date there has been no financial cost to the Town, however, the long term ramifications are unknown. As the Budget 2020-21 is currently being formulated, an amount will be considered during the budget process.

STRATEGIC DIRECTION:

The recommendation detailed in this report embraces the following strategies of the Town’s Strategic Community Plan 2018-2028:

Our Council

Goal 9 Transparent, accountable governance. Goal 11 A strong performing local government.

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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.

FURTHER REPORT:

Further to the CEO’s email issued to all employees on Friday afternoon 13 March 2020, and with the rapidly changing situation concerning the COVID-19 a meeting of the Town's Management Team was called to further consider this important matter. The meeting was held on Monday, 16 March 2020 and the items discussed included the following:-

1. Occupation Health & Safety and employee wellbeing; 2. Latest Information and Update; 3. Communication Plan; 4. Identification of essential functions and services and key personnel; 5. Town events, gatherings and meeting protocols; 6. Business Continuity and possible options for Working from Remote location/Home; 7. Management Workplace responsibilities and preventative measures; 8. Reporting and self-isolation requirements for employees showing COVID-19 symptoms; 9. Employee entitlements and Privacy requirements; 10. Council and Committee meetings and Citizenship Ceremonies; and 11. COVID-19 Working Group – 1. COVID-19 Terms of Reference. “To consider and make recommendations concerning the Town to protect its employees and maintain functions and services.”

2. COVID-19 Working Group Composition: (a) CEO and Directors; (b) Manager People and culture, Regulatory Services; (c) Coordinator Governance and Office of the CEO.

In addition, a meeting will be held at WALGA for all Mayors and the Minister for Local Government and Minister for Health at 5.00 pm Monday 16 March 2020.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council:

1. RECEIVES the report dated 13 March 2020 concerning the Coronavirus issue which is currently affecting the world;

2. ENDORSES the Town’s Position, as detailed in Attachment 1, to this report; and

3. NOTES that further reports will be submitted to the Council to provide an update on this serious public health issue.

During discussion, Members agreed that, in light of the further report dated 16 March 2020, clause 1 of the motion be amended accordingly.

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COMMITTEE RECOMMENDATION:

That Council:

1. RECEIVES the report dated 16 March 2020 concerning the Coronavirus issue which is currently affecting the world;

2. ENDORSES the Town’s Position, as detailed in Attachment 1, to this report; and

3. NOTES that further reports will be submitted to the Council to provide an update on this serious public health issue.

Motion put and CARRIED (5/0)

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8. CONFIDENTIAL REPORT

PROCEDURAL MOTION:

Meeting Behind Closed Doors

Moved by Cr Bradley, seconded by Cr Barlow

That the following matter be regarded as confidential in accordance with Section 5.23 of the Local Government Act 1995.

Motion put and CARRIED (3/2)

For: Mayor Shannon, Crs Barlow and Bradley Against: Crs Mack and Timmermanis

CR20.46 OCEAN MIA – VACANT LOTS AND CONTRACTS OF SALE

REASON FOR CONFIDENTIALITY

In accordance with Section 5.23 (2) (c) of the Local Government Act 1995, a consideration of these matters can be held behind closed doors as the matter relates to:

"a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting."

COMMITTEE RECOMMENDATION:

Moved by Cr Mack, seconded by Cr Barlow

That Council APPROVES the Confidential Recommendation, as detailed in the Confidential Report.

Motion put and CARRIED (5/0)

PROCEDURAL MOTION:

Moved by Mayor Shannon, seconded by Cr Bradley

That the meeting be reopened to the public.

Motion put and CARRIED (5/0)

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10. COUNCIL REPORTS

10.1 MONTHLY FINANCIAL STATEMENTS, REVIEW AND VARIANCES – FEBRUARY 2020

ADMINISTRATION RECOMMENDATION:

That Council RECEIVES the report on the Financial Statements for period ended 29 February 2020.

PURPOSE OF REPORT:

To receive the Financial Statements for period ended 29 February 2020.

SUMMARY:

The February 2020 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 29 February 2020.

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.  Information For the Council/Committee to note.

Address/Property Location: N/A Report Date: 20 March 2020 Responsible Officer: Director Corporate and Community Services, Cam Robbins Reporting Officer: Manager Finance, Roy Ruitenga Contributing Officer: Nil Reporting Officer Interest: Nil Attachments: Financial Statements - February 2020

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DETAILS:

Charts of key financial indicators are provided below comparing year to date actual figures against the year to date budget.

Operations Capital Expenditure $60,000 $25,000 $50,000 $20,000 $40,000 $15,000

$30,000 $'000 $10,000 $'000 $20,000 $5,000 $10,000 $0 $0 Capital Expenditure Current YTD Budget YTD Actual Current Budget $20,611 Budget YTD Budget $11,839 Revenue $51,838 $41,652 $42,621 YTD Actual $4,766 Expenditure $51,189 $34,288 $32,519 Operating Profit/(Loss) $649 $7,364 $10,102

Reserves & ELA Transfers Net Current Assets ($'000) $1,000 Current $500 Liabilities - $0 $10,744 -$500 $'000 -$1,000 -$1,500 -$2,000 Current YTD YTD Budget Budget Actual Transfers to/(from) -$2,121 -$230 $6,687 Current Assets Reserves $61,961 Transfers to/(from) $604 -$45 $765 Endowment Lands

Investments ($'000) Endowment Lands, $2,522

General Funds $21,264

Reserves, $30,826

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The following comments are provided and should be read in conjunction with the Statement of Financial Activity for February 2020 (Rate Setting Statement) in Attachment 1.

1. Operating Revenue

Operating revenue year to date is $42.6 million compared to YTD budget of $41.7 million, giving a favourable variance of $969k. Significant variances are as follows: a. Fees and Charges

Actual fees and charges for February 2020 YTD is $13.9 million compared to YTD budget of $13.5 million, giving a favourable variance of $448k or 3.3%. The variance is mainly a result of fees and charges being above YTD budget across several operational areas including the golf course green and driving range fees, ($364k), building fees ($39k), parking control ($81k). b. Operating Grants, Subsidies and Contributions

Actual Operating Grants, Subsidies and Contributions for February 2020 YTD is $1.2 million compared to YTD budget of $892k, giving a favourable variance of $281k or 31.5%. The favourable variance is mainly due to the reimbursement of underground power in kind costs $135k.

2. Operating Expenses

Operating expenses year to date is $32.5 million compared to budget of $33.4 million, giving a favourable variance of ($842k) or 2.5%. Significant variances are as follows: a. Materials and Contracts

Actual expenditure for February YTD is $10.7 million against YTD budget of $11.2 million, giving a favourable variance of $471k or 4.2%.

The following timing variances exist:

• Clubs leased premises non-capital works $169k under YTD budget; • Road Reserves non-capital works $120k under YTD budget; • Planning program expenditure $166k under YTD budget. b. Employee Costs

Actual expenditure for February 2020 YTD is $12.7 million against YTD budget of $13.2 million, giving a favourable variance of $454k, or 3.4% with some vacancies across operational areas contributing to the result. c. Depreciation on Non-current Assets

Actual expenditure for February 2020 YTD is $6.1 million against YTD budget of $6 million giving a favourable variance of $142k, or 2.4%. d. Legal Expenses

The Town’s legal expenses for the period 1 July 2019 until 18 March 2020 are $295,242.

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3. Net Operating Result

The net operating surplus from operations is $16.3 million compared to YTD budget of $14.3 million, giving a favourable variance of $2 million.

Net Operating Result 28.0 24.0 20.0 16.0 Budget 12.0 Actual 8.0 4.0 0.0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

4. Capital Grants, Subsidies and Contributions

The total amount of funds received for the Town's capital works program for the period ended 29 February 2020 is currently under budget by $1.2 million. This is predominantly due to a timing variance with respect to grant funded capital road infrastructure projects ($885k) which are currently in progress and will be claimed over the forthcoming months.

5. Capital Works Programs

The total amount of funds spent on the Town’s capital works program for the period ended 29 February 2020 is $4.8 million against budget of $11.8 million, giving a favourable variance of $7.1 million. Capital projects are currently in various stages of progress. In addition, a number of projects totalling $6.1 million have been identified as potential carry forward projects for the 2020/2021 financial year, from the mid-year budget review, being reported to Council this month.

A brief overview of the capital works programs shows the following timing variances:

• Buildings - $776k spent against year to date budget of $2.1 million; • Parks and Reserves - $918k spent against year to date budget of $2.7 million; • Roads and Lanes - $2.2 million spent against year to date budget of $4.0 million; • Carparks - $13k spent against year to date budget of $693k; • Footpaths - $150k spent against year to date budget of $866k.

6. Cash Surplus (Closing Funds)

The cash surplus as at 29 February 2020 is $14.5 million which is above the year to date budget of $9.4 million, giving a favourable variance of $5.1 million. The surplus is predominantly due to the under expenditure with respect to materials and contracts and capital works.

This surplus will decline as the year progresses with day to day operational expenditure and the carrying out of budgeted capital works.

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Cash Surplus ($ millions) 30.0 28.0 26.0 24.0 22.0 20.0 18.0 16.0 Budget 14.0 12.0 Actual 10.0 8.0 6.0 4.0 2.0 0.0 July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

7. Material Variances

Permanent variances above $30k and timing variances above $100k for specific line items are normally reported upon. As at 29 February 2020, there are a few material timing variances to report upon as follows:

• Building capital works ($1.4 million) under YTD budget with Lake Monger Community shed ($435k) and Wembley Golf Course Machinery Shed ($756k) projects under budget; • Parks and reserves capital works ($1.8 million) under YTD budget predominantly due to the Perth Netball Association – conversion of court install light ($604k) under budget, Perry Lakes Water Replenishment project ($442k) under budget, various parks playground equipment ($220k) under budget, City Beach Tennis Club – hard court surface refurbishment ($180k) under budget and Beecroft Park improvement program ($100k) under budget. • Roads and lanes capital works ($1.8 million) under YTD budget predominantly due to road surfacing projects Oceanic Drive (Sunnyside – Cale) ($200k), Windarra Drive ($103k) and Rochdale Rd (McClemans - Boundary) ($115k), Ruislip St (Gregory - Kimberley) ($128k) under budget and various road works projects ($822k) under budget. • Planning - Leederville Hub Planning and Strategic Projects are currently $166k and $140K under YTD budget. • Governance Management - Legal Expenses $35k over budget, relates to legal advice on a number of matters.

The variances noted are generally attributable to timing differences or the profile of the monthly distribution of the budget, over the year.

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.

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RISK MANAGEMENT IMPLICATIONS:

Low: The financial statements have been produced in accordance with the adopted budget for the 2019/2020 financial year and in accordance with applicable local government legislation.

FINANCIAL IMPLICATIONS:

The variations in expenditure and revenue line items, compared to budget, February 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:

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 purely administrative in nature with no external impacts envisaged.

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10.2 MID YEAR BUDGET REVIEW 2019-20 - APPROVAL

ADMINISTRATION RECOMMENDATION:

That Council APPROVES BY AN ABSOLUTE MAJORITY to ADOPT the mid-year budget review for the 2019/2020 financial year as detailed in this report and Attachments 1-3, in accordance with Regulation 33A of the Local Government (Financial Management) Regulation 1996.

PURPOSE OF REPORT:

To consider and adopt the mid-year budget amendments for the 2019/2020 financial year.

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. Information For the Council/Committee to note.

Address/Property Location: Town of Cambridge, 1 Bold Park Drive, Floreat Report Date: 20 March 2020 Responsible Officer: Chief Executive Officer, John Giorgi JP Reporting Officers: Director Corporate and Community Services, Cam Robbins Manager Finance, Roy Ruitenga, Contributing Officer: N/A Reporting Officer Interest Nil Attachments: 1. Mid-year budget review based on the January 2020 financial statements presented to the February 2020 Council meeting. 2. Mid-Year Budget Review 2019-2020 Amendments 3. Budget 2019-2020 Amendments - Confidential Items

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SUMMARY:

A review of this financial year's 2019/2020 budget forecasted a minor surplus of $129k for year- end. However, given the unfolding events associated with the COVID-19 virus, this year-end forecast position may very well change. It is difficult to gauge the impact as the situation is rapidly and continually evolving, with event cancellations and declining patronage of the Town’s centres becoming more prevalent, potentially impacting the Town’s financial position.

The forecast position at this time, has been based on normal current known events and, as mentioned, will change as the year progresses and programmes and capital works are completed. The current forecast is the culmination of variations forecast for year-end across both revenue and expenditure budget items both favourable and unfavourable.

Overall revenue projections are expected to be an unfavourable ($3.2 million) under budget. This is predominantly due to the gain on disposal being ($3.5 million) less than forecast with Parkside Walk land proceeds budgeted being recognised in the previous financial year. This has no impact on general purpose funding or the net forecast result, as proceeds were budgeted to be transferred to reserves.

Fees and charges revenue are forecast to be $139k above budget, with additional revenue generated from golf course operations ($352k), with an increase in patronage, and on line bookings having a positive impact. Interest earnings are forecast to be an unfavourable variance ($79k) with interest rates declining as the Reserve Bank continues to cut the cash rate.

Operating grants, subsidies and contributions are forecast to be a favourable variance of $170k, relating to unbudgeted items, underground power ‘in-kind’ costs of $112k received, and grant funding of ($111k) for road surfacing project “Brookdale St Northbound (Alderbury – Oceanic) not envisaged at time of budget preparation. Other revenue/income is forecast to be a favourable variance ($86k) with insurance reimbursements received relating to the previous financial year.

Variations to operating expenditure is generally due to timing differences, with forecast cash outflows expected to be ($314k) under budget, mainly due to a mixture of savings in employee costs anticipated ($104k) and an decrease in materials and contractors of ($235k). Non-capital works and programmes totalling $445k are expected to be carried forward for the 2020/2021 financial year.

The capital program is forecast to be $5.3 million under year-end budget, with $6.1 million in capital works anticipated to be carried forward into next year, including the Perry Lakes Water Replenishment project ($2.3 million).

As per the rate setting statement, $1.25 million of carry forward works are funded by general purpose funds, with the remainder funded by a mixture of grant, reserve and endowment lands funds.

BACKGROUND:

The Local Government Act 1995 and Regulation 33A of the Local Government (Financial Management) Regulations 1996 require that a local government undertakes a review of its annual budget for that year between 1 January and 31 March.

The budget review must then be submitted to the Department of Local Government, Sport and Cultural Industries (the Department) within 30 days after the Council has made its determination. The Department does not prescribe a format for the budget review, however the Regulations prescribe that the review must: -

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1. Consider the local government's financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year;

2. Consider the local government's financial position as at the date of the review; and

3. Review the outcomes for the end of that financial year that are forecast in the budget.

A detailed review has been undertaken based on the actual year to date income and expenditure to 31 January 2020, with projections made to forecast the likely end of financial year result compared to the current budget.

Based on the input from across the organisation, various adjustments have been proposed. The 'proposed revised budget 2019/2020', which is inclusive of previously endorsed amendments by Council, together with recommendations from the mid-year review, is detailed in the following attachments:

(a) Mid-year budget review based on the January 2020 Financial Statements presented to February 2020 Council meeting - Attachment 1 (b) Budget Amendments 2019-20 - Attachment 2 (c) Budget Amendments 2019-20 (Confidential Items) - Confidential Attachment 3

Tasks:

The following tasks have been undertaken:

1. Conducting an assessment of material variances to determine whether they are permanent or timing differences; 2. Identifying any offsetting increases in income or reductions in expenditure that will help reduce major variances; 3. Establishing whether the budget review process and recommendations have a material impact on the long term plans; 4. Establishing whether at the close of the financial year there is sufficient working capital to meet current commitments before the following year’s budget is adopted; 5. Identifying projects that may not be completed and which will need to be carried forward into the new financial year for inclusion in the following year’s budget; 6. Identifying grants and contributions received that are likely to remain unspent at the close of the financial year.

DETAILS:

The purpose of this report is to provide a brief overview with more detail provided in the report attachments.

Current Budget YTD Budget YTD Actual YTD YTD Forecast 2019/2020 31-Jan-20 31-Jan-20 Variance Variance 30-Jun-20 $'000 $'000 $'000 $'000 % $'000

CASH SURPLUS/(DEFICIT) 7,514 15,474 17,705 2,231 14.4% 8,134 FROM OPERATIONS

NON OPERATING ACTIVITIES (14,028) (8,587) (3,532) 5,056 (58.9%) (13,000) SURPLUS/(DEFICIT)

SURPLUS/(DEFICIT) FROM ALL (6,514) 6,887 14,173 7,286 105.8% (4,866) ACTIVITIES

OPENING FUNDS/CASH 6,239 4,909 3,858 (1,050) (21.3%) 4,995 RESERVES UTILISED (NET)

CLOSING FUNDS (275) 11,796 18,032 6,236 52.9% 129

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The end of year result, could result in a deficit given the potential impact of the COVID-19 virus, on Council operations over the remainder of the financial year and could finish minus ($500k) from the above forecasted surplus budget position of $129k.

The following commentary should be read in conjunction with the revised rate setting statement and detailed commentary contained in Attachment 1.

Operations

The net cash position for operations was estimated to be a $7.5 million surplus, after adjusting for non-cash movements. The forecast year end position is expected to be $8.1 million surplus, a $600k variance.

Other areas of revenue and expenditure are forecast to only experience minor fluctuations from budget for year end, with the exception of the following budget items.

Interest Earnings

Interest earnings at the end of January 2020 are above budget by $57k or 4.4%, mainly relating to interest from rates and underground power. Interest from municipal, reserve and Endowment Lands Account are under budget with the Reserve Bank continuing to cut interest rates, well below those rates anticipated at time of budget adoption. It is expected that the low interest rate environment will remain with an unfavourable variance of ($72k) forecast for year end.

Gain on Disposal of Assets

The net unfavourable variance of ($3.528 million) is due to a ($3.5 million) budget adjustment being made with respect to Parkside Walk. Actual land sale proceeds of $4.55 million were recognised in the previous financial year, an outcome of the 2018/2019 year end audit. This has no impact on the year-end position with proceeds subsequently transferred to the Area Improvement Reserve.

Employee Costs

Employee costs are projected to be under budget for year-end ($104k), mainly due to savings associated with staff vacancies, across several operational areas. These savings were partially offset by a back pay made during the year to golf operations staff, in line with their enterprise bargaining agreement.

Materials and Contracts

The favourable variance of ($230k) includes programs and non-capital works totalling $445k to be carried forward for the 2020/2021 financial year. A number of favourable and unfavourable variances are discussed in more detail in the attachments 1, 2 and 3 (confidential) to this report.

Non-Operating Revenue

Non-operating revenue is forecast to be below budget by ($4.3 million) with $2.3 million projected for year-end against budget of $6.6 million. The decrease in revenue is a mixture of the following adjustments:

1. Permanent budget adjustment of ($3.5 million,) being sale proceeds from Parkside Walk, recognised in the previous financial year.

2. Lotterywest grant reduced ($600k), a unfavourable permanent variance, with Lake Monger Community Shed grant funding now at $200k, with this amount being claimed next year

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with capital project works of $1.3 million, anticipated to be carried forward for the 2020/2021 financial year.

3. A permanent favourable variance, with an additional grant of $111k received for road surfacing project “Brookdale St Northbound (Alderbury - Oceanic)” received not budgeted for.

Non-Operating Expenditure

The total non-operating expenditure is $20.6 million. As at 31 January 2020 non-operating expenditure is $4.1 million and ($6.2 million) below the $10.3 million year to date budget .and is expected to finish the year around $15 million.

The following works totalling $6.1 million are identified at this time to be carried forward into next financial year:

Carry Forwards Amount $'000 Buildings

Lake Monger Community Shed# 1,300 Floreat Café Refurbishment 200 The Boulevard Centre & Cambridge Library - Air Conditioning Replacement 200 1,700 Furniture and Equipment Various system upgrades and projects 650 650 Plant and Equipment Works - Water Truck 140 Works - Road Suction Sweeper Truck 360 Parks – Tractor 80 580 Parks Perry Lakes Water Replenishment 2,300 Ocean Village Park - Lighting Replacement 47 Various Parks - Lighting Replacement 40 2,387 Roadworks Challenger Parade - Improved pedestrian access from Fred Burton Car Park 150

Challenger Parade and Oceanic Drive - Traffic calming measures 150 City Beach Precinct - Challenger Pde Pedestrian Paths & Crossing 53 Improvements City Beach Car park - Pedestrian prioritised car park connection 37 Oceanic Dr / Ulster Rd Intersection 50 The Boulevard – Remove Island 40 480 Other Road Infrastructure Fred Burton Park – Car Park 323 323 Total 6,120

# This figure may change with the outcome of the tender for the Lake Monger Community shed being reported to Council in April 2020.

For the 2020/2021 draft budget, these carry forward projects will be given priority before any new capital works are included.

In addition to the above carry forward projects, there were also a number of budget reallocations suggested from savings identified during the review, within the capital works programmes, which

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Reserve and Endowment Lands Account Transfers

Current Budget Forecast Movement Main Variance 2019/2020 30 June 20 Increase (Decrease) $'000 $'000 $'000

Transfer to Reserve 5,984 7,329 1,345 Additional proceeds from Parkside Walk Land Sales Transfer to Endowment Lands Account 1,892 1,842 50 Investment interest earnings decrease Transfer from Reserve 8,133 5,037 (3,096) Carry Forward Works Transfer from Endowment Lands Account 1,342 752 (590) Carry Forward Works

Overall there is expected to be a reduction in the drawdown from reserves of $3.1 million and Endowment Lands Account of $590k. These movements are a timing variance representing funding for capital projects identified as carry forwards for the 2019/2020 financial year.

With respect to transfer of funds to reserve, the majority of the transfer represents additional proceeds received from Parkside Walk Land sales with $4.55 million received compared to budget of $3.5 million, a favourable variance of $1.05 million.

Opening Funds for 2019/2020

The opening budgeted funds for the adopted 2019/2020 budget was $4.64 million, representing uncompleted projects and capital works carried forward from the 2018/2019 financial year.

Upon completion of the 2018/2019 audit the closing balance was amended to $9.627 million, representing the recognition of $4.55 million of proceeds received from Parkside Walk land sales, yet to be transferred to the Area Improvement Reserve, $4.64 million of carried forward works and a $437k surplus for the year from operations. Subsequently, the opening balance of the revised budget for the 2019/2020 year has been amended to $9.627 million.

It should be noted that the $4.55 million of proceeds received from Parkside Walk land sales, was transferred to the Area Improvement Reserve after receiving the monies in November 2019.

Estimated Year End Financial Position for 2019/2020 Financial Year

The current forecast based on trends to date as at 31 January 2020, indicates a year end surplus of $129k which represents 0.3% of the adopted 2019/2020 budget. Given that many factors over the remainder of this financial year can influence this forecast, including the impact of the COVID-19 virus, it is expected to that there could be a variance of minus ($500k) from the forecasted surplus budget position.

Budget Amendments

Attachment 1 provides a summary of the budget amendments received.

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 33A, expands on this requirement to include an annual budget review to be carried out between 1 January and 31 March for each

H:\Ceo\Gov\Council Agenda\20 Agenda\3. 24 March 2020\24 March 2020.docx 20 COUNCIL TUESDAY 24 MARCH 2020 financial year. The intention is to ensure local governments conduct at least one budget review each financial year. This report complies with this requirement.

In accordance with the Regulations, the results of the budget review are to be submitted to Council within thirty days of the review being completed. Council is then required to consider the results of the review and determine whether or not to adopt the review, any part of the review or any recommendations made in the review. As per Regulation 33A, a copy of both the review and Council’s determination are then to be provided to the Department of Local Government within thirty days.

RISK MANAGEMENT IMPLICATIONS:

High: The mid-year budget review has been produced in accordance with the adopted budget for the 2019/2020 financial year and in accordance with applicable local government legislation. Failure to conduct a review and for the Council to adopt the recommended review changes would be a breach of the Local Government Act 1995.

FINANCIAL IMPLICATIONS:

The projected budget for year-end indicates a surplus position of $129k or 0.3% of adopted budget.

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 CONSULTATION:

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 purely administrative in nature with no external impacts envisaged.

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10.3 ZACCARIA EVENTS - REQUEST TO CHANGE DATE OF EVENT

ADMINISTRATION RECOMMENDATION:

That Council APPROVES the request by Zaccaria Events to change the date of their “By the C” event at the City Beach Oval precinct from Sunday, 5 April 2020 to Saturday, 7 November 2020 (due to the COVID-19 requirements), subject to the all terms and conditions determined by the Town including policy 2.1.19 Conduct of special events, concerts, parties and large public events and policy 2.1.27 community facilities, parks and reserves – conditions of hire and use.

PURPOSE:

To request approval from Council to support a change of date request from Zaccaria Concerts and Touring from Sunday, 5 April 2020 to Saturday, 7 November 2020, due to the current directive from the Australian Federal Government that:

From 17 March 2020, the Australian Government has taken the precautionary measure of recommending indoor public gatherings involving more than 100 people, and outdoor public gatherings involving more than 500 people, be cancelled.

SUMMARY:

Due to the COVID-19 (Coronavirus), a request has been received by event organiser- Zaccaria Events to change the “By the C” event from 5 April 2020 to 7 November 2020.

Direction from Council in relation to the change of date is requested.

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. Information For the Council/Committee to note.

Address/Property Location: City Beach Oval, Fred Burton Way, City Beach Report Date: 20 March 2020 Responsible Officer: Director Corporate and Community Services – Cam Robbins Reporting Officer: Manager Community Services – Priya Narula Contributing Officer: Co-ordinator Community Development – Renee McIntosh Reporting Officer Interest Nil Attachment(s): Nil

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BACKGROUND:

At its 25 June 2019 meeting, Council provided 'in-principle' support for Zaccaria Concerts and Touring's (Zaccaria) proposal to conduct annual concert events between October and April, within the Town of Cambridge, in particular at the City Beach Oval Precinct (CR19.65). In addition to 'in-principle' support, Council required community consultation on the proposal to be undertaken.

A further report to Council providing the community consultation outcome was presented at its meeting held on 27 August 2019 and Council approved the proposal by Zaccaria Events to hold an annual concert event in the City Beach Oval Precinct for March/April 2020, subject to the terms and conditions determined by the Town (CR19.84).

DETAILS:

On approval of the annual concert event, Zaccaria submitted their formal booking request to hold “By the C” on Sunday, 5 April 2020. This event was to run from 1:00pm – 9:30pm showcasing a range of well-known Australian acts over the afternoon/evening and required three bump-in days prior and two bump-out days post the event. All other user groups of City Beach Oval were given significant notice of the event to enable them to make alternate arrangements for training and matches if there were any clashes with the dates approved.

The Town’s Administration and Zaccaria have worked closely together to ensure a positive outcome for the event, however on Friday, 13 March 2020 the Australian Government gave the following national directive due to the worldwide Corona Virus (COVID-19) Pandemic:

From 17 March 2020, the Australian Government has taken the precautionary measure of recommending indoor public gatherings involving more than 100 people, and outdoor public gatherings involving more than 500 people, be cancelled.

As of Wednesday, 11 March Zaccaria Events had sold approximately 3,500 tickets, so this directive from the Australian Government has directly impacted their event and they have now had to cancel the show to be held on 5 April 2020.

On Tuesday, 17 March 2020 the organisers at Zaccaria approached the Town to request a new date of Saturday, 7 November 2020. By being able to postpone the event and lock in a new date, this will enable them to keep their current contracts with suppliers and entertainers, significantly reducing the financial loss that would impact them if there was a complete cancellation.

Consultation with local sporting groups that use City Beach ovals would still be required to be undertaken as the event would now be held in the Summer Season which would affect different sporting groups to that of the April event, however with enough notice (as was undertaken with the Winter sports) each sporting group could be able to make alternate arrangements with assistance by the Town.

POLICY/STATUTORY IMPLICATIONS:

This report is guided by Council's Policy 2.1.19 – Conduct of Special Events, Concerts, Parties and large Public Events under Category 2 - Extraordinary Events, which stipulates:

Category 2 events require Council approval and significant community and inter-agency consultation before being allowed to proceed. This procedure imposes conditions designed to protect the Town and the community in the event of cancellation or mishap during the event.

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RISK IMPLICATIONS:

Low: The decision to approve of a new date has been assessed as having a low risk to the Town.

FINANCIAL IMPLICATIONS:

The Town was to receive a minimum $10,500 hire fee for the use of City Beach Oval. This was not originally budgeted for as revenue in the 2019/2020 budget due to the timing of the initial request and subsequent approval. If it was to be approved for the new date of Saturday 7 November 2020, it would be included in the 2020/2021 Draft budget.

STRATEGIC DIRECTION:

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

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.

Further it supports the following goals of the Town's Economic Development Strategy 2018-2022:

Goal 3: Manage the activation and our centres and shared public spaces

Strategy 3.2: Build on the Town's current community, recreation and cultural events schedule by further integrating local businesses and content.

COMMUNITY ENGAGEMENT:

This matter has already been assessed under the Community Engagement Policy 1.2.11 as CONSULT, with local community consultation undertaken for the proposal to conduct annual outdoor concerts and events in the City Beach Precinct.

Additional notification will be undertaken with the local sporting groups that utilise the City Beach Oval precinct during both the event date (7 November 2020) and the 3 days bump-in prior and 2 days bump-out post the event.

COMMENT:

The Town of Cambridge’s approach to COVID-19 has been one of “adaptability and flexibility”. It has also adopted an approach to minimise the effects of COVID-19.

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11. URGENT BUSINESS

11.1 COMMITTEE MEETINGS – REQUEST TO COUNCIL

That Council:-

1. APPROVES BY AN ABSOLUTE MAJORITY to cancel the Community and Resources and Development Committee meetings, as previously advertised in accordance with Section 5.25(1)(g) of the Local Government Act 1995, until further notice, as a preventative measure to minimise the spread of COVID-19;

2. subject to 1 above, PROVIDES local public notice of the cancellation of the Community and Resources and Development Committee meetings, in accordance with Regulation 12(2) of the Local Government (Administration) Regulations 1995; and

3. NOTES the LG Alert received on Friday 20 March 2020, as shown an Attachment 1.

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11.2 TOWN OF CAMBRIDGE COVID-19 – RECOVERY AND RELIEF

ADMINISTRATION RECOMMENDATION:

That Council:-

1. ACKNOWLEDGES that the COVID-19 Pandemic has caused a serious economic downturn, adverse impact on businesses and a significant increase in unemployment, which requires local governments to take appropriate recovery and relief measures to assist the community wherever it can;

2. In response to the COVID-19 Pandemic, APPROVES BY AN ABSOLUTE MAJORITY the Town of Cambridge Relief and Recovery Plan, to be applicable as from 1 April 2020 until further notice, as follows:

2.1 Financial Measures:

(a) ADOPTS a position of another zero (0%) average rate increase for 2020- 21;

(b) NOT increase any fees, charges or tariffs for the 2020-21 Budget;

(c) WAIVES as from 1 April 2020 interest on all outstanding rates and service charges and a suspension of any new debt collection activities;

(d) WAIVES as from 1 April 2020 the late payment interest rate of 11% being charged on overdue rates and service charges;

(e) WAIVES as from 1 April 2020 the $35 fee for special instalment arrangements;

(f) DEFERS all outstanding rate and service charges and NOTES that Seniors and Pensioners are required to pay their portion of rates by 30 June 2020 to claim their rebate as per State Government legislation;

(g) ENDORSES the fortnightly payment of the Town’s creditors;

(h) ENDORSES the refund of all cancelled bookings at Town-owned properties and facilities;

(i) AUTHORISES the Chief Executive Officer to consider on their merit (and report to Council if required) any applications of financial or other hardship of the Town debtors;

(j) BRINGS forward planned asset maintenance programs, where necessary;

2.2 Business initiatives:

(a) APPROVES the engagement with businesses and community groups impacted by COVID-19 to ascertain needs and hardship being experienced;

(b) PROMOTES a ‘Buy local’ campaign to support the Town’s small businesses, together with social media support, wherever appropriate;

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(c) WAIVES the Annual Surveillance/Inspection Fees listed in 2019/20 Fees and Charges for food businesses restricted by the Closure of Certain Places of Business, Worship and Entertainment Directions under Section 71 of the Emergency Management Act 2005(WA) issued on March 23, 2020;

(d) APPROVES the waiving of verge bonds and other associated bonds for building and construction works;

2.3 Support for the Socially Isolated, Senior’s and other vulnerable persons:

(a) CONTINUES the Town’s Senior’s ‘Hotline’;

(b) APPROVES a program for Socially Isolated, Senior’s and other vulnerable persons, based on the City of Fremantle Neighbour to Neighbour Tool Kit;

(c) APPROVES the expansion of the Cambridge Library e-book loans and the House-bound Book service;

2.4 Support for the Community:

(a) APPROVES of changes to car parking requirements, as approved by the Chief Executive Officer to minimise restrictions to support take away and home delivery services;

(b) APPROVES to amend the 2019/2020 fees and charges by reducing parking fees for users of the Easypark mobile parking application only, for the following areas.

i. Southport Precinct - from $2.90 per hour to $2.00 per hour; ii. West Leederville Town Hall (Car Park L20) from $2.90 per hour to $2.00 per hour; iii. Wembley Town Centre - from $2.90 per hour to $2.00 per hour; and iv. Medical Precinct from $3.50 per hour to $2.50 per hour;

(c) APPROVES of the Matthews Netball Centre car park to be used, free of cost, for the hospital and medical staff of King Edward Memorial Hospital, St John of God and QEII whilst Emergency Directions are in place (and other hospitals -if required);

(d) APPROVES of unused Town buildings currently closed under the State of Emergency (eg Golf Course, Bold Park Pool) to be made available free of charge to State Government Emergency Agencies, as a temporary alternative place of work, should they be impacted by COVID-19; and

3. REQUESTS the Chief Executive Officer to provide a further report to Council on:

3.1 The realignment and reprioritisation of existing services, projects, staff and resources, towards the Recovery and Relief Plan to assist the community;

3.2 The possibility of waiving and/or deferring the fees and charges under the Building Act 2011 and the Planning and Development Act 2005 for development applications and building Permits; and

4. AUTHORISES the Chief Executive Officer to give local public notice of the approved Council changes, specified in Clause 2.

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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: Town of Cambridge Report Date: 30 March 2020 Responsible Officer: Chief Executive Officer – John Giorgi, JP Reporting Officers: Director Corporate and Community Services- Cam Robbins Director Infrastructure and Works – Kelton Hincks Manager Finance- Roy Ruitenga Manager Regulatory Services- Steve Cleaver Seniors Community Development Officer (Seniors) - Diana Allen

Contributing Officer: N/A Reporting Officer Interest Nil Attachments:

PURPOSE OF REPORT:

To seek Council approval of a Town of Cambridge Recovery and Relief Plan (‘the R&R Plan’) to minimise the effects of COVID-19 on the community.

SUMMARY:

This report recommends a range of initiatives, many of which are being introduced by other local governments to provide recovery and relief, minimise the effects of COVID-19 on the community.

BACKGROUND:

COVID-19 has severely impacted the world both in health and economic terms. Following on from an Elected Member Briefing on Monday 23 March 2020, the Administration has requested to report on a range of options to minimise the effects of COVID-19 and to provide support for the Town of Cambridge community.

On Friday 27 March 2020, a winebar was held comprising the Minister for Local Government- Hon. David Templeman, WALGA President Tracey Roberts and Mr Tarun Wirranpanthra – Department of Health.

The presentation included an announcement by the Premier of Western Australia Mark McGowan who strongly encouraged all local governments to support business, stimulate the economy, retain staff and provide relief for business proprietors, ratepayers and residents.

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DETAILS:

Rates, Fees, Charges and Tariffs:

Given the current economic climate and the potential impact that COVID-19 is having on the financial well-being of the Town’s property owners, especially those suffering financial hardship, it is recommended that Council ADOPTS a position of another zero (0%) percent average rate increase for 2020-21 and NOT increase any fees, charges or tariffs for the 2020-21 financial year;

Late Payment Interest Rate:

The adopted budget for the 2019/2020 financial year approved the imposition of a late payment interest rate of 11% to be applied to outstanding rate and service charges (including underground power) payments. This is supported by Section 6.51 “Accrual of interest on overdue rates or service charges” of the Local Government Act 1995, which allows a late payment interest in respect of overdue rates and service charges to be applied. The Local Government (Financial Management) Regulations 1996, regulation 70 prescribes the maximum rate of interest that can be applied, which is 11%. The budget also approved the charging of a $35 fee for special instalment arrangements.

Given the current economic climate and the potential impact that COVID-19 is having on the financial well-being of the Town’s property owners, especially those suffering financial hardship, administration is requesting Council to consider waiving the late payment interest rate of 11% for the remainder of this financial year.

Council has the authority as per section 6.47 of the Local Government Act 1995 as follows: Concessions “Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge”

This waiver will require an absolute majority of Council.

It should be noted that pensioners and seniors are not subject to late payment interest under the Rates and Charges (Rebates and Deferments) Act 1992.

Regarding the financial impact, an amount of $80,000 has been budgeted this year for late payment interest with $92,602 raised to date.

Payment Deferral:

The fourth instalment for rates and service charges was due on 24 March 2020. There are no further instalments due for the remainder of the year. The annual instalment option for underground power service charges was due on the 15 February 2020.

Given that there have been some fifty to sixty requests received over the past few days, to defer payments due, citing financial hardship, we are requesting whether Council would consider extending the period for payment.

Under section 6.49 of the Local Government Act 1995 “Agreement as to payment of rates and service charges”:

“a local government may accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person”.

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Delegated authority 1.2.29 “Agreement as to Payment of Rates and Service Charges”, agreements for payment of rates or service charges deals with an extension of time for payment with acquittal of the rate or service charge debt required before the next annual rates or service charges are levied. Council usually raises its rates and service charges within the first two weeks of August, after the adoption of the annual budget. A delegated authority memorandum is required for each such request received and required to be approved.

If payment were to be extended beyond the date of raising rates for the 2020/2021 financial year, Council approval would need to be sought.

To alleviate the administrative requirement to complete a delegated authority form for each and every property owner who is considered to qualify for an extended payment period, given the number of requests received to date, and the potential for this number to increase as the COVID- 19 impact on the economy continues, administration requests whether Council would give blanket approval an extended payment period to the end of the financial year, or such period as Council determines, for those property owners suffering financial hardship.

Special Instalment Arrangements

For those property owners who currently suffer financial hardship due to other reasons, and have some ability to make ongoing payments towards their outstanding rates, the Town offers special instalment arrangements in accordance with Section 6.49 of the Local Government Act 1995 as follows:

“Agreement as to payment of rates and service charges”: “a local government may accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person”.

The Town’s adopted fees and charges schedule for 2019/2020 financial year, imposes a $35 fee to cover administration costs associated with such arrangements.

Given the current escalation in requests being received from property owners special instalment arrangement plans, a direct result of COVID-19, on the economy, we ask if Council would be willing to waive the $35 fee, for the remainder of this financial year.

It should be noted that eligible pensioners and seniors must pay their portion of outstanding rates by 30 June 2020 to receive their rebate. This is stipulated under State Government legislation, namely the “Rates and Charges (Rebates and Deferments) Act 1992, Pensioners are currently entitled to a maximum rebate of $750 and seniors a maximum of $100 in respect to rates.

It should be noted that at this time, an amount of $1.6 million in rates and service charges remains outstanding, representing 6% of the amount of $26.5 million raised in August 2019.

Payment of Creditors:

Currently the Town pays its creditors within 30 days of receiving an invoice. To improve cash flow for businesses, this has already been reduced to a fortnightly payment of creditors.

Maintenance and Construction Services:

The Town provides a broad range of essential infrastructure maintenance and construction services to ensure our roads, parks and facilities are safe and fit for purpose for our community. A large portion of these services are provided through fixed term service and supply contracts, or lump sum contracts with various privately owned businesses. The Town values the relationship with these businesses and the high quality services and products they provide.

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To ensure the Town’s assets are continually maintained, it is important for major maintenance and capital works projects to continue and where possible, be accelerated. With the temporary closure of the Town’s public facilities, it is now the opportune time to bring forward works which would otherwise be delayed or carried out outside normal operating hours. This will not only provide the Town with potential savings on these works, but will also continue to stimulate the local economy through local businesses.

Engagement with Businesses and Community Groups

The Town has recently employed a Place Development Officer who has already commenced engagement with business proprietors within the Town. It is recommended that further engagement be extended to community groups and the businesses to ascertain their needs and hardships being experienced. The council will then be in a position to be better able to respond as required.

Verge Bonds:

The requirement for verge bonds is prescribed under the Town of Cambridge Local Government and Public Property Local Law 2017 – Parts 8 and 9. On late Friday afternoon, a request was received to waiver payment of verge bonds as this will provide a better cash flow for builders.

It is recommended that as part of the Town of Cambridge COVID-19 Recovery and Relief Plan that all verge bonds be waived until further notice.

Experience has shown that very few instances occur where there is damage to the Town’s Infrastructure. Notwithstanding in the event that any damage would occur as a result from construction works, the Town can still carry out the works and recover the costs using the Town’s local law.

Buy Local Program:

It is recommended that the Town promotes a “buy local” program for the Town’s small businesses together with social media support (yet to be determined) wherever appropriate.

Food Premises – Fees and Charges:

COVID-19 has caused a Pandemic that has, and is, continuing to have an unprecedented impact on all aspects of society. The Pandemic declared on 11th March 2020 and the roll out of directions occurring at a progressively faster rate are changing how community functions. As part of this process the Closure of Certain Places of Business, Worship and Entertainment Directions under Section 71 of the Emergency Management Act 2005(WA) issued on 23rd March 2020 has had a significant impact on any food business serving food with a sit down component.

This has resulted, when combined with other restrictions, resultant job losses and uncertainty that these business have had a significant loss of turnover to the extent some have had to close and others are struggling to survive.

It is recommended that the annual food premises fees and charges for food businesses impacted by the COVID-19 Direction Notices be waivered until further notice, this includes restaurants, café’s, coffee shops, pastry shops, delicatessen. (It does not include supermarkets).

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Refund of Cancelled Bookings – Town Facilities:

The Town has already implemented a positon of refunding all applications fees for bookings cancelled at Town owned properties or facilities as a result of COVID-19. This will assist in improving the financial positon of hirers.

Applications of Financial or other Hardship - Town Debtors:

It is recommended that the Chief Executive Officer be authorised to consider on their merit (and report to council if required) all applications of financial or hardship of the Town’s debtors.

Parking Matters – Generally:

It is recommended that the Chief Executive Officer be authorised to review and approve of changes on a temporary basis to support takeaway and home delivery services by the Town’s Food premises.

Parking Fees:

It is recommended that council reduce the parking fees from $2.90 per hour to $2.00 for the Southport Precinct, Wembley Town Centre, and West Leederville Town Hall Car Park and the medical precinct from $3.50 to $2.50 per hour. This will assist in alleviating financial hardship.

Matthews Netball Centre Car Park:

The Town has recently received a request from the hospitals to make available the Matthews Centre car park during the pandemic. It is recommended that the Council approves of the Matthews Netball Centre Car Park be used free of charge for hospital and medical staff from King Edward Memorial Hospital, St John of God Hospital and QEII and other hospitals if required.

Temporary Use of Town’s Facilities for Emergency Services:

The Town has received a request from the Daglish Fire Station to be able to use a Town Facility in the unlikely event that their Fire Station premises becomes unusable due to COVID-19. Currently the Wembley Golf Course and BPAC have been closed and there may be an opportunity for use at either of these premises, further investigations are currently being pursued.

Programmes for the Socially Isolated, Senior’s and Vulnerable Persons:

Contact has been undertaken with a number of other Local Governments to ascertain what level of support they are providing to their various communities. It is noted that due to the short time- frame, more local governments have not been contacted.

The level of support to the community in relation to social isolation varies with the City of Fremantle perhaps providing the most with the Neighbour to Neighbour program. The City kindly shared its Neighbour to Neighbour project brief and tool kit with Cambridge Senior Services.

The focus of the Neighbour to Neighbour project is to provide a connection between those wanting to help and those at high risk impacted by the threats of COVID-19, including but not limited to seniors, people with a disability and people from culturally linguistically diverse ( CALD) backgrounds.

The City of Fremantle Neighbour to Neighbour project is proven to be a valuable services to the community that has literally connected neighbours with neighbours

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The following items below are a good starting point and can be very valuable in the Town’s endeavour to reduce social isolation for all residents during these uncertain times.

1. The Town promote the Get to Know Your Neighbour Day to be held on Sunday 29 March 2020; 2. Implement the Cambridge Neighbour to Neighbour program, which is based on the City of Fremantle model; 3. Continue to promote Curtin Community Care – COVID 19 program (Celia Hammond MP) at: https://www.cambridge.wa.gov.au/Discover-the-Town/Whats-On; 4. Setting up What’s App groups using an Administrator to ensure vulnerable people are safe from scammers or abuse while reaching out for assistance;

5. Collaborate with relevant stakeholders to identify gaps in the State and Federal Government and community sector response and liaise with WALGA seeking advocacy or advocate directly to address the issues; 6. Liaise with community groups to ensure members are providing assistance as required; 7. Staff can continue to investigate new ideas with other local governments

These are in addition to the already established ‘Seniors Hotline’.

POLICY/STATUTORY IMPLICATIONS:

The Local Government Act 1995

Section 6.47 “Concessions” of the Local Government Act 1995 allows Council to resolve to waive* a rate or service charge or resolve to grant other concessions in relation to a rate or service charge”

Sections 6.16, 6.17, 6.18 and 6.19 of the Local Government Act 1995 apply concerning the governing of local public notice of the revised changes.

There are no Policy implications related to this report.

RISK MANAGEMENT IMPLICATIONS:

High: The actions being requested are in accordance with the adopted budget for the 2019/2020 financial year and in accordance with applicable local government legislation. However, COVID-19 has changed everything and there are associated risks with this Recovery and Relief Plan

FINANCIAL IMPLICATIONS:

The financial year end position is forecast to be a deficit, given the impact of COVID-19.

Budget for both late payment interest revenue and rate instalment administration fee have been met.

Parking: In the 12 months up to the end of February 2020, Easy Park revenue was $150,496.23. The average parking session is about 70 minutes with a cost to patrons of $2.90 per hour (in the Commercial District) plus the 10% fee received by Easy Park. This equates to a total cost of $3.19 per hour.

Should the Town reduces the tariff for Easy Park users to $2.30 per hour in the activity centre, this will equate to a total cost of $2.53 per hour and therefore facilitate a 20% discount.

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This discount could potentially result in a revenue loss of approximately $3,000 per month for the duration of the State of Emergency. This equates to approximately 3% of our total annual ticket machine revenue or $36000 per annum or $9000 for financial year 2019/2020.

Food Premises: The Current budget forecast for fees raised under the Inspection/Surveillance Charge is $90,000 of which over $82,000 has been collected for this financial year. Because most of these fees are raised early in the budget period it is not anticipated that this will increase significantly so the potential impact on monies collected in the 2020/2021 financial year is not expected to be significant.

The majority of the businesses affected currently are charged $550 with the remainder liable for $150 unless they are a high risk business with multiple classifications ($770 fee) of which there would be very few affected. This means that the fee would to be reduced by 90% for the majority affected. Given the uncertainties around the length of time the Pandemic, how long its effects will last and how many businesses will close and not be liable for the fee it is difficult to gauge a precise affect. Giving fee relief may even help some to stay open which would be of greater help in the long term than if they closed.

In any case, given the current situation and the likely projection of the crisis, income from this charge is likely to be significantly decreased. Of the Town’s 204 registered food businesses approximately 78.4% are restaurants, cafes and sporting facilities. Given the variables it is not possible to put a figure on the potential loss of fees.

The fact that a significant number of these businesses will be closed in any case means this income fee reduction could be lower.

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

Our Neighbourhoods

Goal 5: Successful commercial, retail and residential hubs

Strategy 5.2 Foster and encourage local business development in the local and district centres which support our residents and the local and broader community.

Our Council

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.

Goal 11 An efficient local government

Strategy 11.1 Invest our wealth wisely so that current and future generations benefit.

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COMMUNITY CONSULTATION:

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 purely administrative in nature with no external impacts envisaged.

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11.3 CASH IN LIEU CONTRIBUTIONS - CONFIDENTIAL

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23 (2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(b) the personal affairs of any person; (e) a matter that if disclosed, would reveal information about a business.

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11.4 TOWN OF CAMBRIDGE COVID-19 – RECOVERY AND RELIEF PLAN - EXPRESS DETERMINATION SERVICE FOR CHANGE OF USE DEVELOPMENT APPLICATIONS

ADMINISTRATION RECOMMENDATION:

That Council:

1. ENDORSES the immediate implementation of an ‘Express Determination Service’ for development applications for changes of use, as detailed in the points below;

2. AGREES to waive all development application fees associated with change of use applications for 6 months;

3. NOTES that the Town will adopt a less ‘risk-adverse’ approach to determining the amenity impacts of change of use applications, for the purpose of community consultation as required by Local Planning Policy 1.2: Public notification and advertising procedures (LPP1.2);

4. RESOLVES that for an on-site parking shortfall of 5 vehicle bays or less associated with change of use applications and as determined by Local Planning Policy 3.13: Parking: a. The variation will be considered ‘minor’ and not require consultation as per LPP1.2; b. The variation will not require additional information to justify the shortfall (eg. parking management plan) unless other factors necessitate the need for further information; and c. Cash in lieu contributions will not be required for the parking shortfall.

5. INSTRUCTS the Town to review and implement referral processes to expedite the determination of change of use applications;

6. INSTRUCTS the Town to provide a report that reviews the implementation of the above measures within 6 months; and

7. NOTES that the Town will investigate additional measures to assist local business operate and recover from the COVID-19 pandemic response, as outlined in this report.

PURPOSE OF REPORT:

To consider Planning measures to assist local business in continuing operations and recovery from the impact of the COVID-19 pandemic and associated restrictions introduced by various levels of government.

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SUMMARY:

This report presents an ‘Express Determination Service’ for change of use development applications. In summary, it is proposed that:

1. Fees are waived for change of use development applications; 2. Consultation requirements are waived for lower risk applications; 3. On-site parking shortfalls of 5 bays or less are deemed minor and do not require advertising, further justification, or the payment of a cash in lieu contribution; 4. Internal referral processes are streamlined to provide an expedited determination process; and 5. Additional measures are investigated to assist local businesses in recovery from the COVID-19 pandemic.

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 & 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. Information For the Council/Committee to note.

Address/Property Location: N/A Report Date 26 March 2020 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Strategic Planning, Brett Cammell Contributing Officer: Manager Statutory Planning, Jennifer Heyes Place Development Officer, Rowan Johns Reporting Officer Interest: Nil Attachments: 1. Minister for Transport; Planning letter 25 March 2020

BACKGROUND:

Public Health Emergency Directions – various

The Emergency Officer, acting under authority of the Public Health Act 2016, has announced a number of measures aimed at limiting the spread of the COVID-19 pandemic. Many of the measures have impacted severely on the businesses within the Town; in most cases resulting in the immediate (however temporary) closure of the business.

Further information on the Directions can be found here: https://www.wa.gov.au/government/document-collections/coronavirus-covid-19-state-of- emergency-declarations

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Importance of small business to the Town

The contribution of business (in particular ‘small business’) to Town’s lifestyle and wellbeing is significant. The Town is home to over 4,000 businesses providing local employment of 15,000 jobs and generating $2.42 billion in Gross Regional Product (source: economyid).

The Town’s Economic Development Strategy 2018-2022 (EDS) states that of all the businesses within the Town, 65% are sole traders and 34% are small business. Only 2% of the businesses are categorised as ‘medium and large businesses’.

While Health Care and Social Assistance employ a large number of people locally, there are over 2,200 people employed in some of the hardest hit industries such as Wholesale Trade, Retail Trade, Arts and Recreation Services, and Accommodation and Food Services. Local businesses generate over $3 million in rate revenue for the Town, a significant amount when considering St John of God, the largest employer, is generally excluded from rate charges.

A common issue for small business is navigating and obtaining necessary approvals to operate. This can be confusing, costly and time consuming. The current pandemic measures have had a significant impact on small business, and it is considered necessary for the Town to review such approval processes to assist in the recovery of small business once pandemic measures are reduced or lifted.

State and Federal government initiatives

State and Federal governments have announced a number of measures aimed at assisting small and medium business. Notable measures are listed as follows:

Federal: • Cash flow for employers o Up to $100,000 to eligible small and medium-sized businesses, and not-for-profits that employ people, with a minimum payment of $20,000. o Payments are to help businesses and NFPs with cash flow to operate, pay bills and retain staff. • Temporary increasing the threshold at which creditors can issue a statutory demand on a company and the time companies have to respond to statutory demands. • Increasing the instant asset write-off threshold from $30,000 to $150,000. • 15 month investment incentive, whereby eligible businesses can deduct 50% of the cost of an eligible asset on installation, with exiting depreciation rules applying to the balance of the asset’s cost. • Wage subsidies for apprentice’s or trainee’s wages of 50% for up to 9 months. • Establishment of a Coronavirus Business Liaison Unit. • Eligible sole traders granted access to the job seeker allowance, which now includes an additional coronavirus supplement of $550 per fortnight for the next six months Sources: https://treasury.gov.au/coronavirus/businesses https://www.smallbusiness.wa.gov.au/blog/coronavirus-stimulus-package-small- business

State: • $114 million in measures to support WA small and medium businesses. • Payroll tax paying businesses with a payroll between $1 million and $4 million will receive a one-off grant of $17,500. • $1 million payroll tax threshold brought forward by six months to July 1, 2020. • Small and medium businesses affected by COVID-19 can now apply to defer payment of their 2019-20 payroll tax until July 21, 2020. Source:https://www.wa.gov.au/organisation/department-of-the-premier-and- cabinet/coronavirus-covid-19-western-australian-government-response

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Other: • Australian Banking Association has announce that Australian banks will defer loan repayments for small business affected by COVID-19 for 6 months. Source: https://www.business.gov.au/Risk-management/Emergency-management/Coronavirus- information-and-support-for-business/Support-available-for-sole-traders

Other local government initiatives

Since the announcement of pandemic measures, Perth metropolitan local governments have explored and introduced a number of measures to assist the continued operation of small and medium business, as well as to aid their recovery post-pandemic measures. A quick summary of such measures, as they relate to planning only, is provided below. It is noted that other reports on this agenda are proposing other measures relating to other fees, rental payments and processes.

Measure Local government 1 An express planning service for change of land use and Perth development applications for small business with no application fee. 2 12 month amnesty for change of use planning applications Vincent (currently for Beaufort St) to apply across Vincent. 3 Certain land uses within City Centres exempt from need for Fremantle change of use approvals (measure already in place pre- Subiaco pandemic).

Minister for Transport and Planning letter – 25 March 2020

The Minister for Transport and Planning wrote to all local governments on 25 March 2020. The letter is attached to this report, with the pertinent extract copied as follows:

‘… I would ask your local government to use their discretionary powers and planning processes to both promote development and support business during this uncertain time. Specifically, I would encourage all local governments to fast-track the assessment of development applications for non-controversial developments to support the creation of jobs. An example of this could be a pragmatic assessment of change of use proposals to promote development and flexibility in application of car parking requirements to encourage new business activation.’’

Actions undertaken by the Town to date

The following actions have been undertaken since announcement of the pandemic and introduction of business restrictions, mostly by the Town’s recently appointed Place Development Officer: • Email and phone contact to businesses on Town’s database to provide links to support and advisory services; • Direct phone response to local business queries; • Visited 69 business in person to discuss individual business situations, encourage the uptake of business advisory services and exchange contact details; • Regular updates to the Town’s ‘Business’ website and inputs to the COVID-19 updates pages; • Research and contact with other local governments to discuss and find out their response measures; and • Direct liaison with local businesses seeking Town assistance (eg. Temporary use of footpaths for cafes – since superseded by ban on dining, cash in lieu queries – subject to other report on agenda).

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COMMENT:

‘Express determination service’ – change of use applications

In response to the current pandemic situation and to the Minister for Transport and Planning’s letter, the Town is proposing an ‘Express Determination Service’. The main planning considerations relating to this measure are fees, consultation requirements, parking shortfall assessments and other development requirements (eg. Fit-outs, signage).

Fees Change of use application fees are currently $295.00. Since 1 July 2019, the Town has processed 13 applications for changes of use. Waiving the application fees for change of use applications is not anticipated to impact significantly on the Town’s budget, is supported and can be enacted immediately. It is recommended that the fees be waived for 6 months in the first instance, with a review to occur after.

Consultation Land uses are categorized under Local Planning Scheme No. 1 as either:

P – use permitted if complies with other requirements of Scheme (application for use not required); D – use not permitted unless granted development approval (application required); and A – use not permitted unless granted development approval after community consultation.

Consultation of an ‘A’ land use is required by the Scheme and therefore cannot be waived. However a decision whether a ‘D’ land use is advertised for comment relies on consideration of the relevant local planning policy.

Local Planning Policy 1.2: Public notification and advertising procedures (LPP1.2) requires consultation where a variation to a Scheme or Policy requirement is proposed and ‘has the potential to impact the amenity of nearby residential areas or neighbours in terms of visual impact, streetscape, privacy, intensity of use, traffic generation and adequacy of parking.’

The second part of the consultation criteria requires some qualitative assessment, or judgement, and the Town typically adopts a conservative approach, whereby most change of use applications for a ‘D’ land use (and ‘P’ land uses where a variation to another requirement is proposed) are advertised for comment.

To provide an ‘Express Determination Service’ for change of use applications, a less risk adverse approach will be necessary whereby the Town’s planning staff can make a judgement assessment on the likelihood that the proposed use will affect the amenity of nearby areas and proceed on that basis, without the need for public consultation. Current delegated authority and policy provisions allow for the Town’s Director Planning and Development and Manager Statutory Planning to make this judgement and it is under these existing provisions that an ‘express determination service’ is proposed to be implemented.

Parking Most change of use proposals, particularly in traditional main street centres (eg. Birkdale St, Cambridge St) or in transitional areas (eg. Southport St area, West Leederville), are unable to provide on-site vehicle parking to meet the requirements of Local Planning Policy 3.13: Parking (LPP3.13). Variations to the parking requirements then trigger community consultation (discussed above), a need for a parking management plan, further investigation into reciprocal parking arrangements, public parking, transport and other measures, and consideration of cash in lieu contributions for the parking shortfall. This assessment and requirement for information add to the assessment timeframes and costs for the applicant.

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In order to provide a quick response to streamline change of use application requirements, it is proposed that:

Where the on-site parking deficiency associated with the change of use is 5 bays or less: 1. The variation will be considered minor and not require advertising or additional justification (eg. Parking management plan); and 2. A cash in lieu contribution will not be required.

Other development requirements Change of use applications often involve incidental works components such as shop fit-outs and signage. There are minimal planning requirements for internal works however these are referred to the Town’s relevant departments (Building and Environmental Health) for comment to identify any fatal flaws in the proposal. This process can continue under an ‘express determination service’ and no policy changes are considered necessary, other than the Town ensuring the referral process is streamlined and efficient.

Other considerations

The COVID-19 pandemic and necessary responses is having a devastating impact on the small business community. However, it also presents an opportunity for the Town to implement some reforms that can be further reviewed over the recovery period. Matters that will be considered by the Town further over the next 3 months are:

1. Exempting the need for approval for low impact change of use applications; 2. Providing a permanent ‘express determination service’ for small business applications, including fit-outs, signage, and other minor works that require approval; 3. Exempting the need for planning approval for alfresco dining and trading in public places in front of tenancies (currently planning approval and an outdoor dining permit is required); and 4. Other process improvements and regulatory review that can benefit recovery of the small business sector.

POLICY/STATUTORY IMPLICATIONS:

Register of Delegated Authority 12.1.4 Planning and Development Delegations Function Delegated 1. Authority to exercise all powers and discharge all duties under the ‘Deemed Provisions’, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and Town Planning Scheme No. 1.

Deemed Provisions (Schedule 2 of Planning and Development (Local Planning Schemes) Regulations 2015) Reg. 62 Form of application (1) An application for development approval must be- … (c) accompanied by any fee for an application of that type set out in the Planning and Development Regulations 2009 or prescribed under the Local Government Act 1995…’

Planning and Development Regulations 2009 Reg. 52 Local government may waive or refund fee ‘A local government may waive or refund, in whole or in part, payment of a fee for a planning service.’

Local Planning Scheme No. 1 and associated local planning policies

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RISK MANAGEMENT IMPLICATIONS:

Low: The recommendation proposed is considered a low risk response to the pandemic measures impact.

FINANCIAL IMPLICATIONS:

Waiving of development application fees for changes of use, and potentially waiving cash in lieu for parking shortfall contributions will impact on the Town’s budget, however the impact is anticipated to be minimal. The likely impact is considered to be far outweighed by the ability to assist local businesses to operate and recover during this period.

STRATEGIC DIRECTION:

Strategic Community Plan 2018-2028

Goal 5: Successful commercial, retail and residential hubs Strategy 5.2: Foster and encourage local business development in the local and district centres which support our residents and the local and broader community.

Economic Development Strategy 2018-2022

Goal 1: Provide a high standard of communication and business support

COMMUNITY ENGAGEMENT:

Community engagement for this matter is not considered necessary.

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11.5 LOT 1 (NO. 148-152) RAILWAY PARADE, WEST LEEDERVILLE – CHANGE OF USE FROM OFFICE TO CONSULTING ROOMS - GROUP (ANTENATAL, POSTNATAL AND PRE-PREGNANCY CARE)

ADMINISTRATION RECOMMENDATION:

That Council:-

1. In accordance with the provisions of Local Planning Scheme No. 1 and the authority delegated to the Town under the provisions of the Metropolitan Region Scheme Council APPROVES the application for a change in use (from Office to Consulting Rooms – Group) at Lot 1 (No. 148-152) Railway Parade, West Leederville as shown on the attached plans stamped received 7 January 2020, 5 March 2020 and 10 March 2020, subject to the following conditions:

(a) 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;

(b) At any one time, the maximum number of practitioners operating from the site shall be six (6);

(c) The parking management plan (received by the Town on 5 March 2020) being complied with at all times by the landowner, to the Town’s satisfaction;

(d) The proposed disabled car parking bay and the adjacent shared bay being clearly marked and the bollard be installed prior to the use commencing, and be maintained thereafter, by the landowner to the Town’s satisfaction;

(e) Prior to commencement of the use a Waste Management Plan is required to be submitted to, and be approved by, the Town; and

(f) The waste management plan approved by the Town shall be implemented and thereafter be complied with by the landowner(s) for the life of the development to the satisfaction of the Town;

2. APPROVES BY AN ABSOLUTE MAJORITY to waive the cash-in-lieu payment of $73,521 for this development application, as part of the Town of Cambridge COVID- 19 Recovery and Relief Plan.

Standard Advice Notes to be included by the Administration.

PURPOSE OF REPORT:

The purpose of this report is for Council to consider a development application for a change of use from Office to Consulting Rooms - Group (antenatal, postnatal and pre-pregnancy care).

SUMMARY:

The application proposes a variation to the parking requirements of Local Planning Policy 3.13: Parking, proposing 6 car parking bays in lieu of the minimum 24 bays.

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‘Consulting Rooms - Group’ is an ‘A’ use in Local Planning Scheme No.1, which means the use is not permitted unless the local government has exercised its discretion by granting development approval after advertising the application.

It is considered the proposed use is compatible with the surrounding development and character of the local area precinct, as it will not generate nuisances which are detrimental to the amenity of residents and other uses in the precinct. The use has a maximum of up to six practitioners, and clients visit the premises by prior appointment only.

However, the use currently only provides 6 on-site parking and as such will likely result in a greater demand on existing parking facilities on Southport Street and Railway Parade. The site is located within one of the cash-in-lieu collection areas as identified in the Local Planning Policy 3.13 and as such it is considered a cash-in-lieu contribution is an appropriate mechanism to resolve the parking shortfall.

Accordingly, it is recommended that the application be approved, subject to conditions.

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. Information For the Council/Committee to note.

DELEGATION:

The application is presented to Council due to the nature of the use having a potential parking impact in the Southport Street area. In this instance, it is not considered appropriate for the Administration's delegation to be exercised.

BACKGROUND:

Address: Lot 1 (No. 148-152) Railway Parade, West Leederville Report Date: 21 April 2020 File Reference: DA20/0006 Responsible Officer: Director Planning and Development, Marlaine Lavery Reporting Officer: Manager Statutory Planning, Jennifer Heyes Contributing Officer: Coordinator Statutory Planning, Andrew Bratley Chief Executive Officer – John Giorgi, JP Reporting Officer Interest: Nil Attachments: 1. Aerial Plan (1 page) 2. Development Plans (6 pages) 3. Site Photos (1 page) 4. Schedule of Submissions (2 pages) 5. Applicant's Comments (5 pages) 6. Parking Management Plan (14 pages)

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Applicant: Evolve Architecture Owner: Guido Pedri, Gabriella Pedri, Francesco Gangemi and Olivia Gangemi Zoning: Mixed Use Precinct: P5: West Leederville Development Description: Change of Use from Office to Consulting Rooms - Group (antenatal, postnatal and pre-pregnancy care) Development Value: N/A Existing Land Use: Office – ‘D’ (Discretionary) Proposed Land Use: Consulting Rooms - Group – ‘A’ Land Area: 564m2 Heritage Listing: No Application Date: 16 January 2020 Application Process Days: 74 days

DETAILS:

Site History

As the subject site is relatively old, containing several established businesses on site, the Town reviewed the archival records with the following summarised timeline provided for context:

Determination Date Determination Details 7 February 1972 The City of Perth Council approved an application for alterations to an existing showroom on the subject property. The approved plans for which show no on site car parking bays. 19 November 2009 Development approval was granted for a change in use from Showroom to Office. The approved plans show 6 on site car parking bays which are at 90 degrees to Southport Street.

At some point in 2010 according to the Town’s aerial mapping the car parking area fronting onto Southport Street was extended towards the property’s southern lot boundary and 7 (45 degree) car parking bays were created. There is no record of this being approved by the Town.

Site Context

The subject site is located within the Southport Street Node of the West Leederville Precinct. The subject property is a corner property bounded by Southport Street to the west and Railway Parade to the south.

The site is currently occupied by a commercial building, constructed prior to 1972.

The immediately surrounding local area is characterised by a mix of commercial and retail uses, including shops, offices and showrooms, as well as a privately owned car park which is accessible to the public.

Proposal

The details of the application are as follows:

(a) A maximum of 6 practitioners will be on site at any one time. (b) Six (6) car parking bays are proposed on site, in lieu of the required 24 car parking bays. (c) One short term bicycle bay (rail) is not available. (d) The proposed hours of operation are between Monday and Friday 8.00am to 5.00pm, and on Saturday 8.00am to midday. (e) The proposed anticipated number of patients on the premises at any one time being up to 12 people. (f) Patients will visit the premises by prior appointment only.

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The applicant has advised that “the management of the clinic is rotational, with consulting medical practitioners/ allied staff not permanently based at the premises - each having their own offices off site”.

CONSULTATION:

Public Consultation

The application was advertised for a period of 14 days in accordance with the Town's Local Planning Policy 1.2 - Public Notification of Planning Proposals.

In response, a total of 4 non-objections have been received. The advertising for the proposal closed at 5pm on 26 March 2020.

A Schedule of Submissions that includes the submissions in their entirety is attached to this Report (refer Attachment 4). All submissions to date are in support of the application given the number of vacancies in the area at the moment.

APPLICANT'S COMMENTS:

The applicant has provided comments in support of the application (refer to attachment 5), and a parking management plan (refer to attachment 6) in support of those aspects of the application that do not meet the relevant deemed-to-comply requirements.

STATUTORY ASSESSMENT:

Local Planning Scheme No. 1 – Land Use

Based on the information provided by the applicant the proposed use could either be defined as Consulting Rooms – Group or a Medical Centre which are defined as being the following under LPS1:

“Consulting Rooms – Group means premises used by more than two practitioners for the investigation and/or treatment of physical or mental injuries or ailments (not including a hospital or day surgery facility) in the practice of a profession of a person who is a legally medical practitioner, dentist, physiotherapist, chiropractor, podiatrist or similar practitioner, and may include ancillary services such as pharmacists, pathologists and radiologists, but does not include a masseur and does not include premises practising therapeutic massage or similar services.”

“Medical Centre means premises used by one or more health consultant(s) for the investigation or treatment of human injuries or ailments and for general outpatient care (including preventative care, diagnosis, medical and surgical treatment, and counselling). The term does not include a hospital but may include a day surgery facility.”

Both of these are an ‘A’ use in the Mixed Use zone under LPS1.

The proposal is to offer pathology, physiotherapy and treatments relating to prenatal and antenatal care. The applicants have confirmed there will be no day surgery. Up to 6 practitioners will be on site at any one time. Taking this into consideration, in this case it can be reasonably be deemed to be a Consulting Rooms – (group).

The objectives of the Mixed Use zone in Local Planning Scheme No. 1 are listed as follows:

“(a) To provide for a wide variety of active uses on street level which are compatible with residential and other non-active uses on upper levels.

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(b) To allow for the development of a mix of varied but compatible land uses such as housing, offices, showrooms, amusement centres, eating establishments and appropriate industrial activities which do not generate nuisances detrimental to the amenity of the district or to the health, welfare and safety of its residents.”

Note 2 under Clause 18 of Local Planning Scheme No. 1 states that, with regards to land use, ‘In considering an application for development approval, the local government will have regard to clause 67 of the deemed provisions’.

In this instance, the provisions under Schedule 2 cl67 of the Planning and Development (Local Planning Schemes) Regulations 2015 (deemed provisions) that are relevant to the proposal are as follows:

“(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

(n) the amenity of the locality including the following – (i) environmental impacts of the development; (ii) the character of the locality; (iii) social impacts of the development;

(o) the adequacy of – (i) the proposed means of access to and egress from the site; and (ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles”

In addition to the above, the property also falls within Special Control Area 3 (SCA 3) under LPS1, the objectives for which are the following:

“(a) provide opportunities for increased commercial and residential developments creating a mixed use area that takes advantage of its inner-city location and access to public transport;

(b) facilitate the creation of a highly activated 'main street' along Cambridge Street, High Street between Blencowe Street and Kerr Street/Holyrood Street, creating a strong focal point for local retail and services; (c) retain the residential function of the area between Kimberley to Abbotsford Street and support a variety of housing types in this area;

(d) facilitate further detailed planning to develop the Leederville Station Link as a high density, mixed use transit oriented development area and to guide development along the northern edge of the area to protect the amenity of existing low-scale development to the north;

(e) facilitate the creation of pedestrian and transit connections through the area, and in particular create a direct and legible pedestrian connection between Cambridge Street and Leederville Train Station through the Leederville Station Link;

(f) enable the development of the Community Node comprising of community and civic uses and as a focus for the West Leederville Activity Centre which connects with the Leederville Station Link; and

(g) encourage a gradual 'stepping up' of built form and maintaining a human scale to buildings along street frontages and around public spaces.”

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The LPS1 objectives for SCA3 generally focus on new development. The proposal will introduce a commercial use relatively near to public transport in a building which has been unoccupied for a while, and will not result in a built form which prevents the creation of pedestrian and transit connections from being possible in future through the area. Therefore, the objectives will not be detrimentally impacted.

The subject application also meets all deemed-to-comply requirements of the relevant local planning policies, with the exception of the parking shortfall as listed in the subsequent section. In the event of Council approval, it is recommended that relevant conditions be imposed to ensure those matters are appropriately managed.

Assessment

Having due consideration of the relevant sub-clauses of cl67 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following is considered relevant:

Local Planning Policy 2.5: Precinct P5: West Leederville (LPP2.5)

An assessment against the intent of the Mixed Use zone (Southport Street Node) are set out below.

“The overall objective for these areas is to encourage and allow development which contributes to the improvement of the area through the replacement of older buildings with well-designed new buildings which improve the appearance and useability of streets and have ground floor commercial or retail uses

Improvements such as laneway connections, public space, enhanced pedestrian connections and shared parking facilities will be desirable outcomes in areas that currently lack these amenities and as determined by the Responsible Authority.”

Again, these objectives generally focus on new development, however, the established open frontage will mostly remain as is, with the exception of new glazing and louvers, and a bin store being created adjacent to an existing masonry wall on the northern lot boundary. With respect to ensuring adequate car parking facilities to prevent an adverse impact on adjoining streets and nearby uses, further parking assessment is provided below.

Local Planning Policy 3.13: Parking

Deemed-to-comply Proposed Shortfall Requirement Car Parking Bays 24 6 18 1 (short term) 0 1 Bicycle Parking 1 (long term) 6 0 (excess of 5)

Where there is a non-compliance with the car parking requirements, the application is required to be considered under the below listed objectives of the policy:

“To facilitate the development of sufficient parking facilities;

Promote a choice of transport options by ensuring the provision of a mix of car, bicycle and vehicle parking;

Ensure that the supply of parking also encourages alternative, more sustainable modes of transport; and

To facilitate the development of adequate, safe and convenient parking and access for pedestrians, cyclists and motorists.”

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The proposed use is located in close proximity to public transport. Considering the type of treatment proposed at the consulting rooms not all patients would be precluded from walking, cycling or using public transport and end of trip facilities are provided on-site (including staff). As such, the proposed land use is not considered to restrict the diversity of transport methods to access the site.

The location of the site exists within the Southport Street Node and as such, there is a mix of small scale retail, medical and other uses. Some patients may engage in multi-destination trips utilising the parking of one premise to visit several commercial premises in the area, with patients selecting parking that is most convenient for their planned trip.

The Parking Management Plan (refer attachment 6) states that based on a maximum of 40 clients between 8.00am and 5.00pm a service rate of between 4-5 clients every hour is likely, and if all clients drove or were driven to their appointment this would potentially result in a client parking demand of 4 to 5 carbays in close proximity.

The Parking Management Plan goes on to say that a parking bay will be occupied by a client that has just finished there appointment at the same time that it is required by a client arriving in time for their appointment. On this basis, there could be a peak demand within a few minutes of the hour for up to 12 spaces.

In addition to the above, although it is not a recent study, the Town’s Access and Parking Strategy Update (2016) states that the average and peak occupancy of car parking bays within the Southport Street node has been declining since 2013. According to surveys undertaken as part of this Strategy in 2013 and 2016 the amount of street car bays occupied in peak demand decreased from 71% to 52%.

There are also fifteen (15) street car parking bays within the immediate vicinity of the subject property, in addition to a privately owned car park which is accessible to the public and contains 143 bays. However, it is recognised that as this carpark is privately owned and therefore there is no guarantee it will continue as a carpark into the future. This carpark could be redeveloped at some time.

Officers have visited the site recently on several occasions during the proposed hours of operation for the consulting rooms. A significant amount of street car parking bays within close proximity to the subject property were observed to be vacant. The Parking Management Plan also outlines a study of the area which concludes there are adequate numbers of carparking spaces available in the area.

Clause 2. Reductions to Parking Ratios (LPP3.13)

The minimum number of parking bays required under Table 1 of the Policy may be reduced where certain criteria is addressed demonstrating a lessened parking demand including location of the development within proximity to, and suitability of, public transport, in particular high- frequency routes.

Clause 4. Cash-in-lieu of Parking (LPP3.13)

As the site falls within the Southport Street Node and the applicant has not provided all car parking on site, a cash-in-lieu of parking may be considered where developments have a shortfall of parking according to the requirements table.

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Cash-in-lieu of parking can be considered where:

1. There exists adequate provision for car parking in the proximity of the proposed development. 2. The Town is satisfied that public transport facilities are available to satisfy the transport access demands of employees, residents and visitors to the development. 3. The physical constraints of the site, make on-site provision impracticable. In this instance, as the building occupies the entirety of the property, having been constructed as early as 1955, it is impossible for parking to be made available without the whole building being demolished.

With respect to the established parking context in the vicinity (point 1 above), there are 15 existing on street car parking bays within the immediate vicinity of the subject property which can be shared between all uses in the area. The Parking Management Plan states that up to 12 car bays are likely to be required during peak demands.

In relation to point 2, there is a high frequency service less than 100m from the subject unit (Transperth bus route No.96) either side of Thomas Street, east of Southport Street. Further to point 3, in this instance, as the building occupies the majority of the property, having been constructed prior to 1972, it is impossible for parking to be made available without the majority or the entire building being demolished.

Cash In Lieu Calculation:

Cash-in-lieu of Parking Calculation Clause 4.2 6 bays Cash in lieu for parking can be applied for a maximum of 25% of the parking bay requirement (24 bays) Clause 4.4 $16,338 per bay Cash in lieu payment rate for all commercial areas not otherwise prescribed Cash-in-lieu Contribution $98,028

Whilst the planning policy framework sets certain standards for broad orderly and proper planning reasons, the imposition of a considerable cash payment in lieu of onsite parking can present a significant burden to the establishment of new business (or an existing Landowner). Council may wish to consider this impact in the determination of this application.

To this end, an Economic Development Strategy was recently adopted by Council which may be considered in the determination of this matter.

Economic Development Strategy 2018-2022 (EDS) Goal 1: Provide a high standard of communication and support Goal 2: Develop our unique centres to support population growth and attract high quality employment.

A strong theme of the Town’s EDS is for the Town to provide for greater support for local businesses, with a specific medium term action of the Strategy being “Review current business related approval processes and develop a set of process improvement recommendations.”

No further work has been undertaken on this to date, however, to ensure consistent decision making, it is considered appropriate to impose cash in lieu of car parking in line with Council’s current Local Planning Policy 3.13: Parking, at least to some degree.

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The carparking numbers have been based on the maximum number of 6 consultants. However, the applicants state the business does not operate on the maximum and it is more likely to be less than 6 on most occasions – approximately 40 clients per day. If this number of patients is spread throughout the day it equates to 4-5 patients per hour but will include overlaps as patients are waiting for appointments. Some reduction may therefore be acceptable.

The use has a requirement for 24 car bays under the Town’s Parking Policy, however, the ‘actual’ use is likely to generate a maximum demand of 12 spaces for clients and 6 for staff – a total of 18 bays. Given that cash-in-lieu is calculated on 25% of the requirement (24 bays), if it is accepted that the ‘actual’ requirement is 18 bays for this use, it would be 25% of 18, which equates to 4.5 car bays and a cash-in-lieu requirement of $73,521.

It is therefore recommended in this case, the cash-in-lieu be reduced to 75% of the requirement in recognition of the nature of the business, the number of car bays in the vicinity and the location to public transport.

NB: This report was assessed prior to the potential responses to COVOID-19 which are discussed in detail in the small business related initiatives report on this agenda. As such, Council may wish to consider the recommendation for cash-in-lieu for this proposal in light of the small business initiatives report.

CONCLUSION:

The proposed land use is supported as it represents a diversification of the offerings in the Southport Street Node and will assist in maintaining and improving the quality of life in our communities in accordance with the objectives of LPS1.

In conclusion, it is considered that the proposal will make a positive contribution to the Town, despite the parking shortfall in terms of on-site provision. It will contribute to the character of Southport Street and activate the current locality by providing a local business which is at a suitable scale to not have a detrimental impact on the nearby residential amenity of the locality.

A payment of cash-in-lieu in accordance with the Policy which also takes into account the nature of the proposed use would be satisfactory to ensure the impact of the parking shortfall is minimised.

For the above reasons, it is recommended that the application be approved, subject to conditions.

FINANCIAL IMPLICATIONS:

Costs may be incurred by the Town if the landowner requests a review of the determination from the State Administrative Tribunal (SAT).

LEGISLATIVE CONSIDERATIONS:

Metropolitan Region Scheme Planning and Development (Local Planning Schemes) Regulations 2015 Local Planning Scheme No. 1 Local Planning Policies

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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 provisions of Local Planning Scheme No. 1 and Local Planning Policy 1.2 - Public Notification of Planning Proposals.

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11.6 TOWN OF CAMBRIDGE COVID-19 RECOVERY AND RELIEF PLAN - IMPACT ON THE TOWN’S TENANCIES

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23 (2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(b) the personal affairs of any person; (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and (e) a matter that if disclosed, would reveal information about a business.

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11.7 COVID-19 IMPACT ON THE TOWN’S COMMUNITY FACILITIES

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23 (2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(b) the personal affairs of any person; (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and (e) a matter that if disclosed, would reveal information about a business.

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12. MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

12.1 PROVISION OF INSTRUCTIONS TO LEGAL REPRESENTATIVES BY COUNCIL

Submission by Mayor Shannon

That Council:-

1. INSTRUCTS the CEO that, until Local Planning Policy 1.5 is reviewed and amended, all instructions to legal representatives acting on behalf of the Council must be brought to Council for:

(a) receipt of legal advice ; (b) approval of all instructions to legal representatives; and

2. APPROVES BY AN ABSOLUTE MAJORITY to DELEGATE, pursuant to Section 5.42 of the Local Government Act 1995 its power to provide ongoing instructions to the Town’s legal representatives to the CEO, on the condition that all instructions and legal advice must be provided in writing.

BACKGROUND INFORMATION PROVIDED BY MAYOR SHANNON:

The local government is a body corporate with perpetual succession under s2.5(2) of the Local Government Act. Under s2.7 of the Act, the Council governs the local government’s affairs and is responsible for the performance of the local government’s functions. The Council is a public authority and as such only delegates its powers by Council resolution in the Register of Delegations of Authority, otherwise it retains its decision making power.

Under the Delegation Register, the CEO is delegated the authority to commence prosecutions and commence legal proceedings under the Building Act, the Bush Fires Act, the Cat Act, the Dog Act, the Food Act and the Graffiti Vandalism Act, the Health (Miscellaneous Provisions) Act and the Planning and Development Act 2005.

There is no authority that delegates Council’s power to instruct lawyers to the CEO or his staff in order to defend SAT proceedings. Local Planning Policy 1.5 does not delegate power to the staff or the CEO, rather it provides guidance to officers for the ongoing administrative conduct of the matter. Council has not generally delegated its decision making power to lawyers appointed to act on its behalf nor has council delegated its decision making power to staff or the CEO by a decision of Council.

Local Planning Policy 1.5 does not clearly identify who is delegated to provide instructions to lawyers appointed to act on behalf of the Town when it defends SAT proceedings. This has the potential to mean that such legal representatives do not act in accordance with the scope of the decision made by Council or unwittingly act without delegation.

The legal representatives engaged by the Town are engaged directly by the Council and, as such, can and should only take instructions directly from the Council by Council resolution.

Officers who instruct lawyers when the Council decision is consistent with the Recommendation are bound to the decision of Council and have no discretion to concede matters that are contained in the Councils reasons for decision.

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Where the Council’s decision is inconsistent with the officer recommendation, the only manner in which instructions can be given at present is through a resolution of the Council.

Typically most matters involving legal proceedings have been conducted in this manner with regular reports coming to council for confirmation of instructions following legal advice from the legal representatives, however not all matters involving SAT planning reviews have been brought to council for decisions.

ADMINISTRATION COMMENT:

Whilst the Town’s Administration has no objection to Council appointing and instructing legal representation involved in matters before SAT, there are a number of operational matters to be considered and clarified. For example, the following steps are involved in obtaining legal representation during a SAT planning matter. Council may wish to clarify which steps it seeks to make decisions on, taking into account that ordinary meetings of Council occur on a monthly.

1. Procurement requirements: a. Once the Town is notified of an application for review being lodged with SAT, approval of the documentation to seek quotations for legal representation; b. Selection of legal representation to seek quotations; c. Council decision to appoint legal representation;

2. SAT planning process: a. Whether instructions are provided to legal representative to attend initial Directions Hearing (it is noted that Directions Hearings are usually scheduled within 2-3 weeks of an application for review being lodged with SAT); b. Whether instructions are provided to legal representative prior to (and potentially during) Mediation (held usually within 2-3 weeks of Directions Hearing); c. Whether instructions provided to legal representative at subsequent Directions Hearings; d. Whether the matter should be reconsidered by Council under a Section 31 reconsideration; e. Involvement and whether instructions are needed in the preparation of documentation to form a Section 24 bundle (to be submitted by a specified date prior to a Final Hearing); f. Instructions provided during the preparation of Statements of Issues, Facts and Contentions, potentially involving expert witnesses; g. Expert witness statement(s), usually prepared with legal representation review; h. Joint (respondent and applicant) expert witness statement(s), where required; i. Instructions for undertaking Final Hearing.

It is noted that the above use of the terms ‘instruct’ or ‘instructions’ is used generally. Currently planning staff do not ordinarily ‘instruct’ legal representation during the process of a SAT matter, rather let the legal representation defend the Town’s decision how they see best.

A review of the Council Policy 1.5 – ‘Responses to the State Administrative Tribunal Matters’ is recommended.

It is important that the Policy and associated procedures and processes to instruct legal representatives is clear and without ambiguity.

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Delegation to CEO to Obtain Legal Advice:

With regards to Clause 2 of the Motion, the functions of the Chief Executive Officer are prescribed by s5.41 of the Local Government Act 1995, which states:

5.41 Functions of CEO

The CEO’s functions are to — (a) advise the council in relation to the functions of a local government under this Act and other written laws; and (b) ensure that advice and information is available to the council so that informed decisions can be made; and (c) cause council decisions to be implemented; and (d) manage the day to day operations of the local government; and (e) liaise with the mayor or president on the local government’s affairs and the performance of the local government’s functions; and (f) speak on behalf of the local government if the mayor or president agrees; and (g) be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees); and (h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and (i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.

[underlining added]

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12.2 COVID -19 PANDEMIC RESPONSE

Submission by Mayor Shannon

That Council:-

1. REQUESTS the Chief Executive Officer to:-

3.1 PREPARE a report that outlines options to provide financial relief to its ratepayers in the Town from the payment of rates and other and including, but not limited to:

(a) Consideration to delay the last rate instalment for the period 2019/20 which was due on 21 March 2020; (b) The payment of rates for the 2020/21 period; (c) The payment of underground power contributions;

3.2 DEVELOP alternate community development programs including:-

(a) A ‘Neighbour to Neighbour’ support network; (b) Consider the expansion of the library home service; (c) Seniors ‘hotline’ to allow our Seniors and the infirm in our community to obtain additional assistance from the Town and other support agencies to reduce the impact of social isolation and provide practical support to them while they remain in their homes; and

1.3 DEVELOP the prioritisation of the Information Technology Strategic plan for improved functionality, including the migration of the Town’s data to the cloud, to allow for remote access; and

2. APPROVES all Council members who are prevented from being physically present at a meeting of Council to attend simultaneously in audio contact, by telephone or other means of instantaneous communication whilst COVID-19 (Corona virus) remains a pandemic.

BACKGROUND INFORMATION PROVIDED BY MAYOR SHANNON:

Given the significant impact the COVID-19 virus is likely to have on the economy, the Council should consider how it will respond in a fair and consistent manner when approached by ratepayers for fee relief.

The Town’s Position Statement at CR20.45 was focused on employee guidelines and the cancellation of events. The Covid-19 virus will have a much greater impact on the manner in which we work and live for years to come and therefore greater consideration should be given to the development of a range of measures to ensure the Town responds appropriately to our residents changed needs as well as the manner in which meetings are conducted and work at the Town is performed by staff.

The importance of the ability to work remotely has been highlighted by this pandemic. The Town’s IT system has limited capacity to support the remote work of its employees. The Town had already identified this operational weakness, however, the prioritisation of this work has become more urgent in the current circumstances.

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ADMINISTRATION COMMENT:

Financial Matters and rates:

The Town's Administration has taken a very flexible and adaptable approach. A compassionate response to financial requests should be adopted.

As the financial impact will be significant to the economy, community and individuals, the CEO is of the view that a zero (0%) percent in rate increase should again apply for the 2020-21 Budget. This will be consistent to the previous 3 years. It will also recognise the State Government's freeze on increases to water, electricity etc.

Services and Functions:

The COVID-19 is currently having an impact of the Town's ability to provide its functions and services. Preventative measures are being implemented in accordance with advice from the Health Departments. The rapidly changing situation will result in some delays being experienced and non-essential requests being of a lesser priority.

A Seniors Hotline has already been implemented at the Wembley Community Centre and is staffed by the Town's seniors Officers.

The Hotline is very busy fielding a wide range of calls.

Information Technology:

The Town's information Technology currently does not have the capacity or capability to allow multiple persons to work remotely and be able to access the software required to perform some functions. This will be monitored and appropriate action will be taken to achieve the best outcome.

The Town has contacted some of its IT providers and has been advised that they are also responding to the COVID-19 issue and delays will be experienced in attending to client's requests. It is expected that many organisations are in the same situation as the Town.

Council and Committee meetings:

It is recommended that Committee meetings be cancelled until further notice and all reports be direct to council (except Audit Committee- which meets quarterly).

With regards to teleconferencing for council Members attending Council meetings, the Town has been advised that this is currently not permissible under the regulations. However, it is understood that the Minister for Local Government has requested urgent amendments to the legislation to permit teleconferencing and it is anticipated that this may be in place very shortly.

On Friday 20 March 2020 (at 3.19 pm), the Chief Executive Officer received an email from the Department of Local Government, Sports and Cultural Industries, confirming the advice that currently the legislation does not permit teleconferencing. This email is Attachment 1.

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12.3 DEPARTMENT OF LOCAL GOVERNMENT AUTHORISED INQUIRY INTO THE TOWN OF CAMBRIDGE

Submission by Cr Timmermanis

Confidential information to be circulated under separate cover.

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following reasons:

“(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting."

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13. CONFIDENTIAL REPORTS

13.1 CR20.46 - OCEAN MIA - VACANT LOTS AND CONTRACTS OF SALE

REASON FOR CONFIDENTIALITY

In accordance with Section 5.23 (2) (c) of the Local Government Act 1995, a consideration of these matters can be held behind closed doors as the matter relates to:

"a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting."

13.2 LOT 241 BROMPTON ROAD – PROGRESS REPORT

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

"(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting;

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting;

(e) a matter that if disclosed, would reveal - (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government."

Elected Members are reminded that they are to ensure the information remains CONFIDENTIAL and should not disclose the content of this report to any other person. To do so would be an improper use of information under s.5.93 of the Local Government Act 1995.

13.3 WORKERS COMPENSATION CLAIM - PROGRESS REPORT

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following reasons:

(a) a matter affecting an employee or employees; and

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting.

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13.4 LICENCE AGREEMENT FOR ROAD RESERVE – GPA PTY LTD – PROGRESS REPORT

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following reasons:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting.

Elected Members are reminded that they are to ensure the information remains CONFIDENTIAL and should not disclose the content of this report to any other person. To do so would be an improper use of information under s.5.93 of the Local Government Act 1995.

13.5 STATE ADMINISTRATIVE TRIBUNAL MATTER DR277 OF 2019 – STUART ADRIAN CORP VERSUS TOWN OF CAMBRIDGE

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

“(b) the personal affairs of any person; and (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and

Elected Members are reminded that they are to ensure the information remains CONFIDENTIAL and should not disclose the content of this report to any other person. To do so would be an improper use of information under s.5.93 of the Local Government Act 1995.

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14. CLOSURE

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