Council Agenda

ORDINARY COUNCIL MEETING 7.00pm, 20 September, 2005 Civic Centre, Dundebar Road, Wanneroo

Public Question & Statement Time

Council allows a minimum of 15 minutes for public questions and statements at each Council meeting. If there are not sufficient questions to fill the allocated time, the person presiding will move on to the next item. If there are more questions than can be dealt with in the 15 minutes allotted, the person presiding will determine whether to extend question time.

Protocols

During the meeting, no member of the public may interrupt the meeting’s proceedings or enter into conversation. Each person seeking to ask questions during public question time may address the council for a maximum of 3 minutes each.

Members of the public wishing to submit written questions are requested to lodge them with the Chief Executive Officer at least 30 hours prior to the start of the meeting.

The person presiding will control public question time and ensure that each person wishing to ask a question is given a fair and equal opportunity to do so. A person wishing to ask a question should state his or her name and address before asking the question. If the question relates to an item on the agenda, the item number should also be stated.

The following general rules apply to question and statement time:

 Questions should only relate to the business of the council and should not be a statement or personal opinion.  Only questions relating to matters affecting Council will be considered at an ordinary meeting, and at a special meeting only questions that relate to the purpose of the meeting will be considered. Questions may be taken on notice and responded to after the meeting.  Questions may not be directed at specific members of council or employees.  Questions & statements are not to be framed in such a way as to reflect adversely on a particular Elected Member or Officer.  The first priority will be given to persons who are asking questions relating to items on the current meeting agenda.  The second priority will be given to public statements. Only statements regarding items on the agenda under consideration will be heard.

Deputations

The Mayor and Councillors will conduct an informal session on the same day as the meeting of the Council at the Civic Centre, Wanneroo, commencing at 6.00pm where members of the public may, by appointment, present deputations. If you wish to present a deputation please submit your request for a deputation in writing addressed to the Chief Executive Officer or fax through to Executive Services on 9405 5097.

 A time period of 10 minutes is set aside for each deputation.  Deputations shall not exceed five (5) persons in number and only three (3) of those persons shall be at liberty to address the Council and to respond to questions the Mayor and Councillors may have.

Please ensure that mobile phones are switched off before entering the Council Chamber. Any queries on this agenda, please contact Executive Services on 9405 5027 or 9405 5018.

Recording of Council Meetings Policy

Objective

 To ensure that there is a process in place to outline access to the recorded proceedings of Council.

 To emphasise that the reason for tape recording of Council Meetings is to ensure the accuracy of Council Meetings.

Statement

Recording of Proceedings

(1) Proceedings for meetings of the Council, of electors and of the Audit Committee shall be recorded, by the City, on sound recording equipment except, in the case of meetings of the Council or the Audit Committee, where the Council or the Committee, as the case may be, closes the meeting to the public.

(2) Notwithstanding sub clause (1), proceedings of a meeting of the Council or of the Audit Committee which is closed to the public shall be recorded where the Council or the Audit Committee, as the case requires, resolves to do so.

(3) No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.

Access to Recorded Tapes

(4) Members of the public may purchase a copy of the taped proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer.

(5) Elected Members may listen to a recording of the Council proceedings upon request, free of charge. However, no transcript will be produced without the approval of the Chief Executive Officer.

(6) Costs of providing taped proceedings to members of the public will be the cost of the tape plus staff time to make the copy of the proceedings. The cost of supervised listening to recordings will be the cost of the staff time. The cost of staff time will be set in the City’s schedule of fees and charges each year.

Retention of Tapes

(7) Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the Library Board of Western Australia Act (1951-83), General Disposal Authority for Local Government Records. The current requirement for the retention of recorded proceedings is thirty (30) years.

Disclosure of Policy

(8) This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors and the Audit Committee meetings to advise the public that the proceedings of the meeting are recorded.

Notice is given that the next Ordinary Council Meeting will be held at the Civic Centre, Dundebar Road, Wanneroo on Tuesday 20 September, 2005 commencing at 7.00pm.

C JOHNSON Chief Executive Officer 15 September 2005

CONTENTS

ITEM 1 ATTENDANCES 5

ITEM 2 APOLOGIES AND LEAVE OF ABSENCE 5

ITEM 3 PUBLIC QUESTION TIME 5

ITEM 4 CONFIRMATION OF MINUTES 5

OC01-09/05 MINUTES OF ORDINARY COUNCIL MEETING HELD ON 30 AUGUST 2005 5

ITEM 5 ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 5

ITEM 6 QUESTIONS FROM ELECTED MEMBERS 5

ITEM 7 PETITIONS 5

NEW PETITIONS PRESENTED 5

UPDATE ON PETITIONS 5

PT02-08/05 OBJECTION TO DOWNGRADING OF INTERSECTION AT WELWYN AVENUE AND YANCHEP BEACH ROAD AS PROPOSED BY STRUCTURE PLAN 40 5

PT03-08/05 OBJECTION TO PROPOSED AMENDMENT NO. 56 AND PROPOSED CANCELLATION OF PORTION RESERVE 34670 (LUISINI PARK) 6

PT04-08/05 OBJECTION TO THE PROPOSED DEVELOPMENT OF A TAVERN ON KINGSWAY ROAD, DARCH 6

PT05-08/05 REQUEST FOR PLAYGROUND EQUIPMENT IN PARK, LANDSDALE 6

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 II

ITEM 8 REPORTS 7 DECLARATIONS OF INTEREST BY ELECTED MEMBERS, INCLUDING THE NATURE AND EXTENT OF THE INTEREST. DECLARATION OF INTEREST FORMS TO BE COMPLETED AND HANDED TO THE CHIEF EXECUTIVE OFFICER. 7 PLANNING AND DEVELOPMENT 7

TOWN PLANNING SCHEMES AND STRUCTURE PLANS 7

PD01-09/05 ADOPTION OF AMENDMENT NO. 52 (OMNIBUS AMENDMENT 2) TO DISTRICT PLANNING SCHEME NO.2 7

PD02-09/05 CANCELLATION OF RESERVE AND ADOPTION OF AMENDMENT NO.51 TO DISTRICT PLANNING SCHEME NO.2: PORTION OF RESERVE 33797(SHAMROCK PARK), VALKYRIE PLACE, TWO ROCKS 27

PD03-09/05 PROPOSED AMENDMENT NO. 4 TO THE EAST WANNEROO CELL 4 AGREED STRUCTURE PLAN 38

PD04-09/05 PREFUNDING THE CONSTRUCTION OF THE NEW PINJAR ROAD AND OTHER RELATED ROAD MODIFICATIONS IN BANKSIA GROVE AND TAPPING 47

PD05-09/05 RESERVE CANCELLATION AND ADOPTION OF AMENDMENT NO 56 TO DISTRICT PLANNING SCHEME NO. 2: REZONE PORTION OF RESERVE 34670 WANNEROO ROAD (LUISINI PARK) WANGARA 60

PD06-09/05 REVIEW OF CELL COST ESTIMATES FOR EAST WANNEROO CELLS 1 TO 8 71

DEVELOPMENT APPLICATIONS 76

PD07-09/05 CHILD CARE CENTRE - LOT 1601 (10) HUGHIE EDWARDS DRIVE, MERRIWA 76

SUB-DIVISION APPLICATIONS 85

PD08-09/05 PROPOSED RURAL SUBDIVISION - LOTS 6 AND 7 (94 AND 108) SAFARI PLACE, CARABOODA 85

DELEGATED AUTHORITY REPORTS 92

PD09-09/05 DEVELOPMENT APPLICATIONS DETERMINED BY DELEGATED AUTHORITY FOR AUGUST 2005 92

OTHER MATTERS 104

PD10-09/05 REVIEW OF TERMS OF REFERENCE AND APPOINTMENT OF NEW COMMUNITY REPRESENTATIVES TO THE ENVIRONMENTAL ADVISORY COMMITTEE 104

INFRASTRUCTURE 116

TENDERS 116

IN01-09/05 TENDER NO 05524 - DEVELOPMENT OF HOUGHTON PARK, CARRAMAR 116

IN02-09/05 TENDER NO 05527 - THE PROVISION OF LANDSCAPE MAINTENANCE SERVICES WITHIN THE LOCALITY OF BUTLER. 121

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 III

IN03-09/05 TENDER NO 05528 - SUPPLY AND DELIVERY OF CLAY BRICK PAVERS 128

IN04-09/05 TENDER NO 05529 - SUPPLY AND DELIVERY OF CONCRETE BRICK PAVERS 132

IN05-09/05 TENDER NO 05531 - THE SUPPLY AND APPLICATION OF FERTILISER TO SPECIFIED PARKS WITHIN THE CITY OF WANNEROO 136

LAND DEVELOPMENT 140

IN06-09/05 SUBDIVISIONAL RETAINING WALLS OVER 3 METRES IN HEIGHT, BRIGHTON STAGES 46 AND 47, RIDGEWOOD (WAPC 123987) 140

IN07-09/05 SUBDIVISIONAL RETAINING WALLS OVER 3 METRES IN HEIGHT, PART LOT 11 BRIGHTON STAGE 57, RIDGEWOOD (WAPC 123987) 146

IN08-09/05 STREET TREE MASTER PLAN REVIEW 151

INFRASTRUCTURE 155

IN09-09/05 PETITION PT01-06/05 - HEPBURN AVENUE EXTENSION FROM MIRRABOOKA AVENUE TO ALEXANDER DRIVE 155

CORPORATE SERVICES 164

FINANCE 164

CS01-09/05 HARBOURSIDE VILLAGE MINDARIE - PURPLE TITLE AND THE RATES AND CHARGES (REBATES AND DEFERMENTS) ACT 164

CS02-09/05 MINDARIE REGIONAL COUNCIL - RATEABILITY OF THE LAND 172

CONTRACTS AND PROPERTY 184

CS03-09/05 PROPOSED LEASE - WANNEROO TROTTING TRAINING CLUB INC - BENMUNI ROAD, WANNEROO 184

COMMUNITY DEVELOPMENT 189

COMMUNITY SERVICES 189

CD01-09/05 DEED OF AGREEMENT – COMMUNITY AGED CARE PACKAGES 189

LEISURE & LIBRARY SERVICES 191

CD02-09/05 ARRANGEMENTS FOR HERITAGE COLLECTIONS ACCESS AND MANAGEMENT 191

RANGER & SAFETY SERVICES 197

CD03-09/05 ANNUAL APPOINTMENTS OF BUSH FIRE CONTROL OFFICERS FOR THE 2005/2006 BUSH FIRE SEASON 197

CD04-09/05 APPLICATION TO KEEP MORE THAN TWO DOGS 200

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 IV

GOVERNANCE AND STRATEGY 203

GOVERNANCE & CUSTOMER RELATIONS 203

GS01-09/05 DONATION REQUEST TO BE CONSIDERED BY COUNCIL 203

GS02-09/05 ELECTED MEMBERS ALLOWANCES AND EXPENSES POLICY 206

CHIEF EXECUTIVE OFFICE 213

GENERAL 213

CE01-09/05 APPOINTMENT OF ACTING CHIEF EXECUTIVE OFFICER AND ACTING DIRECTOR GOVERNANCE AND STRATEGY 213

CE02-09/05 DONATIONS DETERMINED UNDER THE DELEGATED AUTHORITY OF THE CHIEF EXECUTIVE OFFICER 215

ITEM 9 MOTIONS ON NOTICE 220

MN01-09/05 MAYOR JON KELLY - ERECTION OF FLAG POLE 220

MN02-09/05 MOTION ON NOTICE - CR SALPIETRO - ESTABLISHMENT OF COUNCIL POSITION ON FUTURE OF VEGETABLE GROWING INDUSTRY IN THE CITY OF WANNEROO 222

MN03-09/05 BUS EMBAYMENT - OCEAN KEYS BOULEVARD, CLARKSON 226

ITEM 10 URGENT BUSINESS 228

ITEM 11 CONFIDENTIAL 228

CR01-09/05 ACQUISITION OF LAND FOR THE EXTENSION OF MIRRABOOKA AVENUE, LANDSDALE- DARCH 228

CR02-09/05 SETTLEMENT OF A CLAIM FOR THE ACQUISITION OF LAND FOR THE EXTENSION OF OCEAN REEF ROAD, WANGARA 228

CR03-09/05 PROPOSED SALE OF LOT 232 (36) DELLAMARTA ROAD, WANGARA 229

ITEM 12 DATE OF NEXT MEETING 229 THE NEXT ORDINARY COUNCILLORS BRIEFING SESSION HAS BEEN SCHEDULED FOR 6.00PM ON TUESDAY, 4 OCTOBER 2005, TO BE HELD AT THE CIVIC CENTRE, DUNDEBAR ROAD, WANNEROO. 229 ITEM 13 CLOSURE 229

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 5

AGENDA

Item 1 Attendances

Item 2 Apologies and Leave of Absence

Item 3 Public Question Time

Item 4 Confirmation of Minutes

OC01-09/05 Minutes of Ordinary Council Meeting held on 30 August 2005

That the minutes of the Ordinary Council Meeting held on 30 August 2005 be confirmed.

Item 5 Announcements by the Mayor without Discussion

Item 6 Questions from Elected Members

Item 7 Petitions

New Petitions Presented

Update on Petitions

PT02-08/05 Objection to Downgrading of Intersection at Welwyn Avenue and Yanchep Beach Road as proposed by Structure Plan 40

Cr Loftus presented a petition with 11 signatures objecting to the intersection of Welwyn Avenue and Yanchep Beach Road being downed to left in-left out only as proposed by Structure Plan 40.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 6

UPDATE

The petition is currently being considered by Administration and a response will be presented to Council when considering the final adoption of Structure Plan No. 40 (Lots 1 and 102 Marmion Avenue, Yanchep) at a future date.

PT03-08/05 Objection to Proposed Amendment No. 56 and Proposed Cancellation of Portion Reserve 34670 (Luisini Park)

Cr Salpietro presented a petition from 253 residents objecting to Proposed Amendment No. 56 to District Planning Scheme 2 and proposed cancellation of portion of Reserve 34670 (Luisini Park) Wanneroo Road, Wanneroo

UPDATE

This petition is addressed in the report on Amendment 56 to District Planning Scheme No. 2 in this Council Agenda.

PT04-08/05 Objection to the Proposed Development of a Tavern on Kingsway Road, Darch

Cr Salpietro presented a petition from 48 residents opposing the proposed development of a tavern on Kingsway Road, Darch.

UPDATE

The petition will be presented to Council as part of consideration of the Tavern development. A report will be presented to Council on 11 October 2005 Ordinary Meeting.

PT05-08/05 Request for Playground Equipment in Park, Landsdale

Cr Cvitan presented a petition from 13 residents from Landsdale who live in the vicinity of Strathpine Chase, Sherwin Rise, Hersey Parkway and Hansen Vista requesting playground equipment for the park surrounded by these streets.

UPDATE

The petition is currently being considered by Administration and a response will be presented to the next Council meeting on 11 October 2005.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 7

Item 8 Reports Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.

Mayor Kelly to declare an indirect financial interest in Items PD05-09/05; PD06-09/05; and PD07-09/05.

Cr Cvitan to declare a financial interest in Item PD06-09/05 due to owning property within Cell 6.

All Elected Members to declare a financial interest in Item GS02-09/05 due to the Elected Members Allowances and Expenses Policy providing a benefit to Elected Members in regard to the provision of a uniform.

Planning and Development

Town Planning Schemes and Structure Plans

PD01-09/05 Adoption of Amendment No. 52 (Omnibus Amendment 2) to District Planning Scheme No.2

File Ref: TPS/0052V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments: 2

Issue

To consider the public submissions and adoption of Amendment No. 52 to District Planning Scheme No.2 (DPS2).

Background

Council, at its meeting on 17 May 2005 (refer Item PD02-05/05), resolved to prepare Amendment No.52 to DPS2, being Omnibus Amendment No.2 to introduce various textual and mapping amendments and advertise the amendment for a period of 42 days.

Detail

Omnibus Amendment No.2 to DPS2 comprises 17 separate proposals. Proposal one involves rezoning the severed portion of Kingsway Reserve 28058 from ‘Parks and Recreation’ to ‘Urban Development’ (refer Attachment 1).

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 8

The remaining 16 proposals are textual modifications to the Scheme Text that relate to the following: Commercial Zone (Clause 3.7), Building Facades (Clause 4.8), Commercial Vehicle Parking (Clause 4.23), Consideration of Structure Plans (Clause 9.6.3), Reconsideration and Appeal Rights of Structure Plans (Clause 9.12), Infrastructure Contributions (10.10.6 and 11.4.6.2), Use Class Permissibility (Table 1), Car parking (Table 2), Interpretations (Schedule 1), Signage Exemptions (Schedule 4), Special Rural Zone 18 (Schedule 13) and Rural Community Zone (Schedule 15). An extract from the Scheme Amendment Report is appended as Attachment 2 and provides the details for each proposal.

The Environmental Protection Authority advised the City on 20 June 2005 that the scheme amendment did not warrant an environmental assessment. The WAPC’s consent to advertise was not required in this case.

A 42 day public advertising period was carried out between 5 July 2005 and 16 August 2005. This advertising was carried out by way of an advertisement in the local newspaper.

At the close of advertising no submissions were received.

Comment

As the City did not receive any submissions, it is considered that the amendment can proceed. Modification will however be required as Administration has further reviewed its proposals and recommends the following changes to Proposal 10 a), 11 and 12:

Proposal 10 – Table 1 – The Zoning Table

It is proposed to delete proposal 10 (a) which seeks to modify the use class ‘Single House’ from a discretionary ‘D’ use in the Rural Resource, General Rural and Special Rural zones to a permitted ‘P’ use.

Further consideration of this proposal has highlighted the difficulty is assessing environmental issues such as groundwater levels and impact on nearby wetlands where no planning application is sought for a Single House in these zones. While the City would like to expedite this approval process and avoid delays with processing, it must ensure sound planning prevails. For the time being it is considered appropriate that a single house remain a discretionary ‘D’ use in these zones, until these issues can be adequately addressed.

Proposal 11 – Subclause 3.17.2 (h) – Rural Resource Zone.

Deletion of Proposal 10 (a) will impact on Proposal 11 making it redundant. Therefore it is also proposed to delete Proposal 11.

Proposal 12: Table 2 – Car Parking

This proposal sought to modify the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Primary School’ and ‘Secondary School’ to ‘as per Appendix F of the Taskforce on Road Safety at Schools Report 1992.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 9

It is considered more appropriate to state the requirements of the Taskforce Report in the Schedule 2 as opposed to referring the reader to this report. Whilst the report is dated 1992, the standards remain current and have been confirmed with the Department of Education and Training.

It is therefore proposed to modify the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use classes ‘Primary School’ and ‘Secondary School’ to:

Primary School a minimum of 36 car bays for staff and visitor parking plus fourteen (14) pickup/set down bays for every 100 students or part thereof which may be provided in the road reserve.

Secondary School a minimum of 75 car bays for staff and visitor parking plus seven (7) pick up/set down bays for every 100 students or part thereof which may be provided in the road reserve.

It is also proposed to modify the number of on-site car parking spaces of a Kindergarten from ‘See Child Care Centre’ to ‘provision of a drive-in pickup/setdown facility plus eight (8) bays’.

The modifications outlined above, do not introduce new provisions for Proposal 12. The modifications merely state the requirements of the Taskforce Report and therefore further advertising of this proposal is not considered necessary.

Statutory Compliance

The amendment process has complied with the requirements of the Town Planning Regulations.

Strategic Implications

Consideration of this scheme amendment is consistent with the goal of providing Healthy Communities under the City’s Strategic Plan and in particular, Strategy 2.2 of the Planning and Development Directorate Strategic Plan, which seeks to provide a cohesive system of integrated land use planning.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 10

Recommendation

That Council:-

1. MODIFIES Amendment No. 52 to District Planning Scheme No. 2 by:

a) deleting Proposal 10 a);

b) deleting Proposal 11; and

c) modifying Proposal 12 by:

i) modifying the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Primary School’ to ‘a minimum of 36 car bays for staff and visitor parking plus fourteen (14) pickup/set down bays for every 100 students or part thereof. Pick up/set down parking may be provided in the road reserve.’

ii) modifying the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Secondary School’ to ‘a minimum of 75 car bays for staff and visitor parking plus seven (7) pick up/set down bays for every 100 students or part thereof. Pick up/set down parking may be provided in the road reserve.’

iii) modifying the number of on-site car parking spaces from ‘see Child Care Centre’ for the use class ‘Kindergarten’ to ‘provision of a drive-in pickup/setdown facility plus eight (8) bays’.

2. Pursuant to Town Planning Regulation 17(2) ADOPTS, the modified form of Amendment No. 52 to District Planning Scheme No.2 to:

A) Proposal 1

Rezone the severed portion of Reserve 28058 from ‘Parks and Recreation’ to ‘Urban Development’.

B) Proposal 2

(i) Modify Subclause 3.7.1 by inserting the words ‘or proposed’ following the words ‘is intended to accommodate existing’.

(ii) Modify Subclause 3.7.2(a) by inserting the words ‘or proposed’ following the words ‘make provision for existing’.

C) Proposal 3

(i) Renumber Clause 4.8 to Subclause 4.8.1.

(ii) Insert a new Subclause 4.8.2 to read as follows: ‘The façade or facades of all non rural and non residential development shall have incorporated in their design, integrated panels for the purpose of signage placement.’

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 11

D) Proposal 4

Modify subclause 4.23.3(b) by inserting the zone ‘Special Residential,’ before the zone ‘Special Rural’.

E) Proposal 5

(i) Modify Subclause 6.10.1 by deleting the following ‘, or the Minister’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

(ii) Modify Subclause 6.11 by deleting the words ‘the Minister or’ after the words ‘given by’ and ‘imposed by’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

(iii) Modify Subclause 9.12.3 by replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

F) Proposal 6

Modify Subclause 9.6.3(a) by inserting the words ‘and the proponent’ following the word ‘Council’.

G) Proposal 7

(i) Modify Clause 9.12.1 by inserting the words ‘or Commission’ after the phrase ‘determination of the Council’ and replace the word ‘Council’ after the phrase ‘delivered to the’ with the words ‘appropriate body’.

(ii) Modify Subclause 9.12.2 by replacing ‘35’ days with ‘60’ days.

H) Proposal 8

Modify Subclause 10.10.6(c) by deleting the words ‘involving the creation or production of any new lot or residential unit’.

I) Proposal 9

Modify Subclause 11.4.6.2 by replacing the word ‘must’ with the word ‘should’.

J) Proposal 10

(i) Modify Table 1 – The Zoning Table as follows:

a) Modify the use class ‘Pharmacy’ from a use not permitted ‘X’ use in the Mixed Use and Business zones to a discretionary ‘D’ use.

b) Rename the use class ‘Mast and Antenna’ as ‘Mast or Antenna’.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 12

K) Proposal 11

(i) modifying the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Primary School’ to ‘a minimum of 36 car bays for staff and visitor parking plus fourteen (14) pickup/set down bays for every 100 students or part thereof. Pick up/set down parking may be provided in the road reserve.’

(ii) modifying the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Secondary School’ to ‘a minimum of 75 car bays for staff and visitor parking plus seven (7) pick up/set down bays for every 100 students or part thereof. Pick up/set down parking may be provided in the road reserve.’

(iii) modifying the number of on-site car parking spaces from ‘see Child Care Centre’ for the use class ‘Kindergarten’ to ‘provision of a drive-in pickup/setdown facility plus eight (8) bays’.

L) Proposal 12

(i) Modify Schedule 1 – Interpretations as follows:

a) Delete the following ‘(See “communications antenna”.)’ from the definition of ‘mast or antenna’.

b) Amend the definition ‘medical centre’ by deleting the phrase ‘and may include ancillary uses such as a pathologist, radiologist and pharmacy.’

c) Amend the definitions of ‘Home Business – Category 2’ and ‘Home Business – Category 3 by adding ‘…, unless Council is satisfied in the circumstances that the scale and manner in which these activities are undertaken will not cause injury to or prejudicially affect the amenity of the neighbourhood.’ at the end of point (a) and ‘otherwise’ after the word ‘not’ in point (b).

d) Rename the definition of ‘markets (retail)’ to ‘market (retail)’.

e) Rename the definition of ‘motor vehicle repair’ to ‘motor vehicle repairs’

M) Proposal 13

(i) Modifying Clauses and Subclauses 1.9.1, 1.9.2, 1.9.3, 3.4.2, 4.2.1, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.4.4, 4.4.6, 4.4.7, 4.5 and 4.21.1 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’;

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 13

(ii) Modifying the titles of Clauses 4.4 and 4.5 and titles in the Contents Page of Clauses 4.4 and 4.5 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’;

(iii) Replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’ in the definition of ‘Residential building’ and ‘Codes’ in Schedule 1.

N) Proposal 14

(i) Amending Schedule 4(a) by replacing the words ‘provisions of the Signs Local Law’ with ‘requirements of the City’s Signs Local Planning Policy’.

(ii) Amending Schedule 4(c) by replacing the figure ‘1.2m2’with ‘2m2’.

(iii) Amending Schedule 4(g) by inserting the following words ‘not exceeding 50% of the glazed area of any one window or 10m2 in aggregate area per tenancy, whichever is the lesser,’ after the word ‘window’.

(iv) Amending Schedule 4(m) by inserting the following words ‘measuring up to 3m in height and 3m2 in area,’ after the words ‘rural producer’s sign’.

(v) Amending Schedule 4 by adding the following additional exemptions:

‘(t) an election sign which is:

(i) erected on private property with the approval of the owner of that property, where such approval has been obtained prior to the erection of the election sign;

(ii) not in excess of 0.75m2 in area per property, except a corner property which may display one sign facing each thoroughfare of the corner;

(iii) erected not more than 28 days prior to the date of the election to which it relates;

(iv) erected in accordance with the restriction provisions of Clause 16 of the Signs Local Law 1999;

(v) removed within 7 days of the date of the election.

(u) a sign permanently affixed or painted on a vehicle to identify a company, business, service or product supplied or sold by that company.’

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 14

O) Proposal 15

Amending Special Provision No.11 of Special Rural Zone No.18 in Schedule 13 by adding the following ‘with the exception of a post and wire boundary fence.’ after the word ‘zone’.

P) Proposal 16

Modifying Special Provision No.1.1.3 of Rural Community Zone No.1 of Schedule 15 by inserting the words ‘Ancillary Accommodation,’ after the phrase ‘Home Business – Categories 1, 2 & 3,’.

2. Pursuant to Town Planning Regulations 22 and 25 (a) (g) AUTHORISES the affixing of the common seal to, and endorses the signing of, the amendment documentation.

3. FORWARDS the amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning and Infrastructure grant final approval to the amendment.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 15

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 16

ATTACHMENT 2 Page 1 of 11

Amendment No.52 To District Planning Scheme No.2 - Omnibus Amendment No.2

This second Omnibus Amendment involves seventeen (17) individual proposals, with particulars of each outlined below.

Proposal 1: The severed portion of Reserve 28058, Madeley

This proposal involves the rezoning of the adjoining severed portion of Reserve 28058 from Local Scheme Reserve ‘Parks and Recreation’ to ‘Urban Development’.

In March 2004, Council resolved to change the purpose of a portion of Kingsway Reserve (Reserve 28058) from recreation to dedicated road and drainage and to cancel the portion of Kingsway Reserve that would be severed by the proposed Skeit Road alignment, making the land available for purchase by the City. The City has proceeded to create this severed portion as a freehold lot and has sought comment from the Department for Planning and Infrastructure (DPI). Comments received from DPI have raised no objection subject to the rezoning of the subject land from ‘Parks and Recreation’ to ‘Urban Development’ under the City’s Scheme. This will allow for the future use of the land to be considered under the Cell 6 Agreed Structure Plan.

Accordingly, the City proposes to amend DPS2 by rezoning the severed portion of Reserve 28058 from ‘Parks and Recreation’ to ‘Urban Development’.

Proposal 2: Clause 3.7 - The Commercial Zone

Clause 3.7.1 and 3.7.2 of DPS2 outlines the intended use and objectives of the Commercial Zone to accommodate existing shopping and business centres. Currently, the Commercial Zone does not accommodate proposed shopping and business centres. The Centre Zone is currently used for proposed shopping and business centres.

The Centre zone requires preparation of a structure plan prior to development proceeding. On small sites/landholdings identified for shopping or business centres, this requirement is onerous and often unnecessary. In such cases, by applying a Commercial zoning to these sites the need for the preparation of a structure plan can be avoided and development can be adequately considered through the normal development approval processes.

It is therefore proposed to: a) Modify Subclause 3.7.1 by inserting the words ‘or proposed’ following the words ‘is intended to accommodate existing’; and

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 17

ATTACHMENT 2 Page 2 of 11 b) Modify Subclause 3.7.2(a) by inserting the words ‘or proposed’ following the words ‘make provision for existing’.

Proposal 3: Clause 4.8 – Building Facades

The City’s Signage Strategy and Signs Local Planning Policy, adopted by Council at its 26 April 2005 meeting, highlighted the importance of signage being integrated with the building design. It is proposed to renumber Clause 4.8 to Subclause 4.8.1 and insert a new Subclause - Subclause 4.8.2 to incorporate provision for the integration of signage into all non rural and non residential building facades as follows:

The facade or facades of all non rural and non residential development shall have incorporated in their design, integrated panels for the purpose of signage placement.

This will ensure property developers and designers give consideration and make provision for signage panels prior to development and will avoid landowners/tenants attempting to retro-fit buildings with signage that may not complement and integrate with the design of the building. This proposal is consistent with adopted Recommendation 2 of the Signage Strategy.

Proposal 4: Subclause 4.23.3(b) – Commercial Vehicle Parking

Clause 4.23 of DPS2 deals with Commercial Vehicle Parking. Clause 4.23.1 identifies zones in which the Council may consider granting approval to park a commercial vehicle. Special Residential is identified as one of the zones in which a commercial vehicle may be parked if in accordance with the provisions set out in either subclause 4.23.2 or 4.23.3. Clause 4.23.3 (b) does not specify where a commercial vehicle may be parked on a Special Residential lot. It is considered most appropriate for a commercial vehicle on a Special Residential lot to be parked where it is not readily visible from beyond the property boundaries and located within the building envelope (if applicable) and behind the building setbacks, with adequate screening or alternatively parked within a garage.

It is therefore proposed to:

Modify subclause 4.23.3(b) by inserting the zone ‘Special Residential,’ before the zone ‘Special Rural’.

Proposal 5: State Administrative Tribunal

Legislation to introduce a new planning appeals system was promulgated on 18 April 2003. The new legislation abolished the right to appeal to the Minister for Planning and Infrastructure and introduced a revised process associated with appeals to the Town Planning Appeal Tribunal.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 18

ATTACHMENT 2 Page 3 of 11

On 1 January 2005 the Town Planning Appeals Tribunal ceased to operate and was replaced by the State Administrative Tribunal. All planning appeals are now made to the State Administrative Tribunal.

It is therefore proposed to: a) Modify Subclause 6.10.1 by deleting the following ‘,or the Minister’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’. b) Modify Subclause 6.11 by deleting the words ‘the Minister or’ after the words ‘given by’ and ‘imposed by’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’. c) Modify Clause 9.12.3 by replacing the phrase ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

This will ensure the terms and references of DPS2 reflect current legislation.

Proposal 6: Subclause 9.6.3(a) – Consideration of a Structure Plan by the WAPC

Currently the Scheme, in relation to Structure Plans, provides for the Commission to convey its decision to the Council within 60 days. It is proposed to amend this subclause to provide for the Commission to also convey its decision to the proponent of the Structure Plan. Advice from the Commission can then be forwarded directly to the proponent, rather than the City being required to advise the proponent of the Commission’s decision.

This proposal involves:

Modifying Subclause 9.6.3(a) by inserting the words ‘and the proponent’ following ‘Council’.

Proposal 7: Clause 9.12 – Reconsideration and Appeal of Structure Plans

Proponents have a reconsideration right on the Council’s determination in relation to Structure Plans, however there is no such reconsideration right in regard to the WAPC’s determination of a Structure Plan. The proponent only has an appeal right against the WAPC decision on a Structure Plan, which is time consuming and unnecessary for minor matters. It is therefore proposed to include reference to the WAPC within Clause 9.12.1, to enable a proponent to request the WAPC reconsider its decision.

In relation to reconsiderations of decisions or determinations made or requirements imposed upon Structure Plans, only decisions or determinations made or requirements imposed within 35 days of a request being made, shall be the decision, determination or requirement of the Council.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 19

ATTACHMENT 2 Page 4 of 11

If made outside of the 35 day period the original determination will remain. Thirty five (35) days in many cases may be insufficient, particularly where requests may need to be forwarded to Council or require detailed consideration by Administration. Sixty (60) days is considered to be a more appropriate time period.

This proposal involves: a) Modify Clause 9.12.1 by inserting the words ‘or Commission’ after the phrase ‘determination of the Council’ and replace the word ‘Council’ after the phrase ‘delivered to the’ with the words ‘appropriate body’. b) Modifying Subclause 9.12.2 by replacing ‘35’ days with ‘60’ days.

.Proposal 8: Subclause 10.10.6 - Payment of Infrastructure Contributions

Clause 10.10.6(c) requires infrastructure costs related to Cell Costs to be paid at the time of granting of development approval by the Council or the Commission for the commencement of any development on land of the Owner in a Cell involving the creation or production of any new lot or residential unit. It is proposed to delete reference to the creation or production of any new lot or residential unit as this may be misinterpreted. Deletion of this reference will allow the Council to collect contributions on a fair and equitable basis at the time it considers it appropriate.

This proposal involves:

Modifying Subclause 10.10.6(c) by deleting the words ‘involving the creation or production of any new lot or residential unit’.

Proposal 9: Subclause 11.4.6.2 – Pedestrian Crossings

Clause 11.4.6.2 requires pedestrian crossings (underpasses) to be constructed at the same time as construction of District Distributor Roads in the Clarkson-Butler Planning District. This has not always been possible. The Draft Clarkson-Butler Pedestrian Crossing Review Study has proposed traffic lights in various locations, instead of underpasses. Traffic lights are usually provided at a later time period, as such traffic lights should not have to be erected at the same time that the District Distributor Road is constructed.

This proposal involves:

Modifying Subclause 11.4.6.2 by replacing the word ‘must’ with the word ‘should’.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 20

ATTACHMENT 2 Page 5 of 11

This would accommodate such instances and allow pedestrian crossings to be constructed at the appropriate time.

Proposal 10: Table 1 – The Zoning Table

With the introduction of DPS2, a ‘Single House’ was introduced as a discretionary use in the Rural Resource, General Rural, Special Rural and Rural Community Zone. This has required a planning application for development of a Single House and/or ancillary uses such as sheds, garages, pools, patios, extensions etc within these zones. Landowners are required to apply for both a Planning Application and a Building Licence for such development, incurring two fees and often a delay in application processing times. Such applications are generally minor in nature, have little impact on the amenity of the Rural areas and generally comply with the provisions of DPS2. By modifying the use class permissibility of a Single House to permitted ‘P’ in these zones, applicants will avoid the need for a planning application and payment of a planning fee and the City will improve the efficiency of its approval processes.

It is proposed to modify Table 1 as follows: a) Modify the use class ‘Single House’ from a discretionary ‘D’ use in the Rural Resource, General Rural and Special Rural to a permitted ‘P’ use.

A ‘Pharmacy’ has been excluded from Mixed Use and Business zones as it has been defined in Planning Land Use Category 5 – Shop/Retail (PLUC 5) of the WA Standard Land Use Classification. DPS2 therefore categorises a Pharmacy similar to the use class ‘Shop’. Pharmacies have therefore been excluded (as ‘X’ not permitted uses) from zones that typically accommodate Medical Centres.

While the definition of Medical Centre currently incorporates incidental uses such as a pharmacy, the medical and pharmaceutical industry prevents the commercial ancillary relationship that DPS2 seeks to create between the two uses. It is therefore considered appropriate to modify the use class ‘Pharmacy’ from a use not permitted ‘X’ use in the Mixed Use and Business zones to a discretionary ‘D’ use. This will enable a Pharmacy to locate adjacent to a Medical Centre that are most commonly located in Business Zones.

It is proposed to modify Table 1 – The Zoning Table as follows: a) Modify the use class ‘Pharmacy’ from a use not permitted ‘X’ use in the Mixed Use and Business zones to a discretionary ‘D’ use.

Amendment No.17 deleted the interpretation of ‘Communications Antenna – Domestic’ and ‘Communications Antenna – Commercial’ replacing it with the interpretation ‘Mast or Antenna’.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 21

ATTACHMENT 2 Page 6 of 11

However, Table 1 of DPS2 still refers to ‘Mast and Antenna’. This proposal involves modifying Table 1 as follows: a) Replace the use class ‘Mast and Antenna’ with ‘Mast or Antenna’.

This will provide consistency with the Schedule 1 Interpretation of ‘Mast or Antenna’.

Proposal 11: Subclause 3.17.2(h) – Rural Resource Zone

Subclause 3.17.2(h) currently reads as follows:

“In the Rural Resource Zone, erection of a single house shall be subject to Planning Approval as contemplated under subclause 6.1.1 of this Scheme. Subclause 6.1.3(b) does not apply in this zone.”

As a result of proposed modification 10 (a) above, which seeks to modify the use class ‘Single House’ from a ‘D’ use to a ‘P’ use in the Rural Resource Zone, subclause 3.17.2(h) becomes redundant and will require deletion.

This proposal involves deleting subclause 3.17.2(h) and renumbering Subclauses 3.17.2(i), (j) and (k) to 3.17.2(h), (i) and (j) respectively.

Proposal 12: Table 2 – Car Parking

Table 2 currently outlines requirements for car parking. The current requirement for Primary Schools and Secondary Schools is two car parking spaces per classroom. This is insufficient to cater for the car parking needs associated with primary and secondary schools within the City. The current requirement makes no provision for pick up/set down facilities, off street car parking, embayed parking surrounding school sites or for visitor parking.

A taskforce committee that included representatives from the Police Department, the then Department of Planning and Urban Development, Ministry of Education, WA Municipal Association, WA Council of State School Organisations and Main Roads issued a report in 1992 entitled: “Task Force on Road Safety at Schools Report 1992’. This report outlines development standards for Primary and Secondary Schools and includes provisions related to car parking.

The parking requirements of this Task Force Report are often referred to by Administration and applicants are encouraged to meet the car parking requirements of this Report in an attempt to improve parking facilities for new schools. The requirements prescribed in this Report are considered the most appropriate for school site development.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 22

ATTACHMENT 2 Page 7 of 11 It is therefore proposed to:

Modify the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Primary School’ and ‘Secondary School’ to ‘as per Appendix F of the Task Force on Road Safety at Schools Report 1992’.

Proposal 13: Schedule 1 - Interpretations

Several modifications are proposed to Schedule 1 as follows: a) Deletion of the last phrase contained in brackets of the definition ‘mast or antenna’.

The definition reads as follows: mast or antenna : means any mast, aerial, satellite dish and other associated equipment used for the transmission or reception of radio or television signals or for other electronic communications. A television antenna on a dwelling roof being consistent with the predominant style and size of television antenna on other dwellings in the locality is not included, provided its vertical and horizontal dimensions do not exceed two metres. (See “communications antenna”.)

Amendment No.17 to DPS2 deleted the definition of ‘communications antenna – domestic’ and ‘communications antenna – commercial’. The definition of mast or antenna therefore requires modification to delete reference to ‘(See “communications antenna”.)’. b) Amend the definition ‘medical centre’ by deleting the phrase ‘and may include ancillary uses such as a pathologist, radiologist and pharmacy.’

The definition reads as follows: medical centre : means premises accommodating two or more consulting rooms and may include ancillary uses such as a pathologist, radiologist and pharmacy.

The medical and pharmaceutical industry prevents a commercial relationship between a Pharmacy and a Medical Centre. With the proposed modification of the use class ‘Pharmacy’ from an ‘X’ use to a ‘P’ use in the Mixed Use, Business and Commercial Zone, the importance of retaining a pharmacy in the definition of Medical Centre becomes redundant.

In addition, a pathologist and a radiologist are typically classified under the use class ‘consulting room’ and as such reference to these uses as ‘ancillary uses’ is incorrect and unnecessary. c) Amend the definitions of ‘Home Business – Category 2’ and ‘Home Business – Category 3’ by adding ‘…, unless Council is satisfied in the circumstances that the scale and manner in which these activities are undertaken will not cause injury to or prejudicially affect the amenity of the neighbourhood.’ at the end of point (a) and ‘otherwise’ after the word ‘not’ in point (b).

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 23

ATTACHMENT 2 Page 8 of 11

The Scheme definition for home business – categories 2 and 3 commences as follows:

Home business – category 2 : means an occupation carried on in a dwelling or on land around a dwelling by a resident of the dwelling which: (a) does not entail the retail sale, outdoor display or hire of goods of any nature; (b), (c) etcetera follow….

Home business – category 3 : means a business, service, trade or similar activity carried on in a dwelling or on land around a dwelling by a resident of the dwelling which: (a) does not entail the retail sale, outdoor display or hire of goods of any nature; (b), (c) etcetera follow…

It is proposed to amend the definitions for home business – categories 2 and 3 to provide Council with discretion to consider home businesses involving retail sales, outdoor display and hire of goods where it is satisfied that the proposal will not adversely affect the amenity of the area surrounding the subject land. It is considered that this variation will provide flexibility for Council to consider individual cases on their merits and apply conditions to control such home businesses. For example, a home business involving administration and storage associated with retail sale or hire of goods would be able to be considered. This amendment would provide greater flexibility to consider a broader range of home businesses in keeping with the City’s emphasis on promotion of local employment and businesses.

Accordingly, it is proposed to amend the definitions for home business – categories 2 and 3 by adding ‘…, unless Council is satisfied in the circumstances that the scale and manner in which these activities are undertaken will not cause injury to or prejudicially affect the amenity of the neighbourhood.’ at the end of point (a) and ‘otherwise’ after the word ‘not’ in point (b).

The City added this proposal to Amendment No.17 to DPS2 – First Omnibus Amendment, at the final adoption stage. However, the Minister for Planning and Infrastructure required that this proposal be deleted from the Amendment No.17, as it had not been subject to community consultation. The proposal will be advertised in this new Amendment No.52. d) Rename the definition of ‘markets (retail)’ to ‘market (retail)’.

This will provide consistency with the use class of ‘market (retail)’ listed in Table 1 – The Zoning Table. e) Rename the interpretation of ‘motor vehicle repair’ to ‘motor vehicle repairs’.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 24

ATTACHMENT 2 Page 9 of 11

This will provide consistency with the use class of ‘motor vehicle repairs’ listed in Table 1 – The Zoning Table.

Proposal 14: Residential Design Codes

The Residential Planning Codes (1991) was superceded by the Residential Design Codes of Western Australia in October 2002. All references to the Residential Planning Codes need to be updated to reflect the Residential Design Codes.

This proposal involves: a) Modifying Clauses and Subclauses 1.9.1, 1.9.2, 1.9.3, 3.4.2, 4.2.1, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.4.4, 4.4.6, 4.4.7, 4.5 and 4.21.1 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’; b) Modifying the titles of Clauses 4.4 and 4.5 and titles in the Contents Page of Clauses 4.4 and 4.5 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’; c) Replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’ in the definition of ‘Residential building’ and ‘Codes’ in Schedule 1.

Proposal 15: Schedule 4 - Exempted Advertisements

Council resolved on 26 April 2005 to finally adopt the Signs Local Planning Policy and the Signage Strategy Actions. The proposed amendments to Schedule 4 are proposed in accordance with Recommendation 3 of the City’s Signage Strategy and as endorsed by Council.

This proposal therefore involves: a) Amending Schedule 4(a) by replacing the words ‘provisions of the Signs Local Law’ with ‘requirements of the City’s Signs Local Planning Policy’. b) Amending Schedule 4(c) by replacing the figure ‘1.2m2’with ‘2m2’. c) Amending Schedule 4(g) by inserting the following words ‘not exceeding 50% of the glazed area of any one window or 10m2 in aggregate area per tenancy, whichever is the lesser,’ after the word ‘window’. d) Amending Schedule 4(m) by inserting the following words ‘measuring up to 3m in height and 3m2 in area,’ after the words ‘rural producer’s sign’.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 25

ATTACHMENT 2 Page 10 of 11 e) Amending Schedule 4 by adding the following additional exemptions:

‘(t) an election sign which is:

(i) erected on private property with the approval of the owner of that property, where such approval has been obtained prior to the erection of the election sign; (ii) not in excess of 0.75m2 in area per property, except a corner property which may display one sign facing each thoroughfare of the corner; (iii) erected not more than 28 days prior to the date of the election to which it relates; (iv) erected in accordance with the restriction provisions of Clause 16 of the Signs Local Law 1999; (v) removed within 7 days of the date of the election.

(u) a sign permanently affixed or painted on a vehicle to identify a company, business, service or product supplied or sold by that company.’

Proposal 16: Schedule 13 – Special Rural Provisions

Special Provision 11 of Special Rural Zone No.18 in Schedule 13 reads as follows:

‘Except with the approval of the Council, no fencing outside of the building envelope shall be constructed within the land the subject of this zone.’

This clause would preclude erection of a boundary fence in Special Rural Zone 18 (Emerald Valley Estate, Bailey Road Carabooda). This is considered too restrictive. It is therefore proposed to allow erection of a boundary fence of post and wire. Post and wire fencing will ensure that the rural character of this area is preserved.

This proposal involves:

Amending Special Provision 11 of Special Rural Zone No.18 in Schedule 13 by adding the following ‘with the exception of a post and wire boundary fence.’ after the word ‘zone’.

Proposal 17: Schedule 15 – Rural Community Provisions

At its 22 February 2005 meeting, Council adopted for final approval Amendment No.49 that sought to modify the use class Ancillary Accommodation from an ‘X’ use to a ‘D’ use in the General Rural, Rural Resource, Special Rural and Special Residential zones.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 26

ATTACHMENT 2 Page 11 of 11

The Rural Community Zone can be likened to a Special Rural zone. For consistency across all of the City’s rural areas, it is considered appropriate to allow Ancillary Accommodation as a ‘D’ use in the Rural Community Zone.

This proposal involves: Modifying Special Provision No.1.1.3 Rural Community Zone No.1 of Schedule 15 by inserting the words ‘Ancillary Accommodation,’ after the phrase ‘Home Business – Categories 1, 2 & 3,’.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 27

PD02-09/05 Cancellation of Reserve and Adoption of Amendment No.51 to District Planning Scheme No.2: Portion of Reserve 33797(Shamrock Park), Valkyrie Place, Two Rocks

File Ref: TPS/0051V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments: 3

Issue

To consider the public submissions and adoption of Amendment No.51 to District Planning Scheme No.2 (DPS2) and cancellation of a portion of Reserve No.33797- Shamrock Park, Shamrock Court, Two Rocks.

Applicant T. Cox Location Valkyrie Place, Two Rocks Site Area Approximately 25m2 Existing DPS 2 Zoning Local Scheme Reserve – Parks and Recreation Proposed DPS 2 Zoning Residential

Background

Crown Reserve No.33797 (Shamrock Park) is a reserve for Public Recreation purposes and was created as part of the subdivision of the surrounding land. It has been placed under the care, control and management of the City of Wanneroo by a Management Order issued by the Minister for Lands.

Approximately seven years ago, the previous owners of Lot 13 (27) Valkyrie Place, Two Rocks extended the rear garden by approximately 142m2 into Shamrock Park. This area contains approximately one metre of fill, which has been retained, levelled and lawned and is triangular in shape. Limestone retaining walls were constructed on the southern and western boundaries to retain the fill.

Residents in the area brought this matter to the City’s attention early in 2004. The City subsequently requested a licensed land surveyor to survey the block to determine the extent of encroachment. In July 2004, the City issued a formal notice pursuant to Section 401 of the Local Government (Miscellaneous Provisions) Act 1960, requiring the owners to remove the unauthorised wall encroaching into the park.

The land was subsequently on sold to the current owners who have applied to the City to rezone a portion of Crown Reserve 33797 from Local Scheme Reserve – Parks and Recreation to Residential and to close of that portion of the reserve to facilitate amalgamation with the adjoining Lot 13 Valkyrie Place, Two Rocks.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 28

At the meeting of 14 December 2004 (report PD15-12/04) Council RESOLVED to:-

“1. AGREE to dispose by private treaty (in accordance with the requirements of the Local Government Act 1995) of a portion not exceeding 25 square metres of Reserve No. 33797 Shamrock Park, Shamrock Court, Two Rocks (for the purposes of parking a small domestic trailer) to the owners of Lot 13 (27) Valkyrie Place, Two Rocks subject to the:

a) ADVERTISING of the proposal for the cancellation of a portion of Reserve No. 33797 Shamrock Park, Shamrock Court, Two Rocks in accordance with current Department for Planning and Infrastructure guidelines for the disposal of Section 20A Reserves for a 42 day period;

b) PREPARATION of Amendment No. 51 to District Planning Scheme No. 2 to rezone a portion of Reserve No. 33797 Shamrock Park, Shamrock Court, Two Rocks from ‘Local Authority Reserve – Parks and Recreation’ to ‘Residential’ Pursuant to Section 7 of the Town Planning and Development Act 1928 (as amended);

c) REFERRING of Amendment No. 51 to District Planning Scheme No. 2 to the Environmental Protection Authority (EPA) pursuant to Section 7A1 of the Town Planning and Development Act 1928. Should the EPA advise that the amendment does not require assessment, ADVERTISE the amendment for a period of 42 days;

d) OWNERS AGREEING to construct at their cost, a suitable boundary fence between their property and Reserve No. 33797 Shamrock Park, Shamrock Court, Two Rocks to the satisfaction of the Director Planning & Development.

2. LIST for consideration in the 2005/06 budget the removal of the retaining wall encroachment onto portion of Reserve No. 33797 Shamrock Park, Shamrock Court, Two Rocks.”

In supporting the proposal, Council specified the following:

“Council views the issue of encroachment on public open space seriously. Whilst it is acknowledged that the area that was sought by the owner was in excess of 100 square metres, Council did support a small portion, the equivalent of approximately 20 square metres to be sold off as remanent land to the home owner on compassionate grounds. Had Council not done so it may have rendered a significant portion of the house useless and the house itself possibly unsaleable”.

Administration officers subsequently liaised with the landowner in the preparation of a plan that depicts the 25m2 of the reserve to be closed and rezoned from Local Reserve - Parks and Recreation to Residential in-accordance with the Council’s decision.

Detail

A plan indicating the location of the subject land is included as Attachment 1. The area of the proposed rezoning and reserve closure is identified in Attachment 2.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 29

The Environmental Protection Authority advised the City on 30 May 2005 that the scheme amendment did not warrant an environmental assessment. The WAPC’s consent to advertise was not required in this case.

Consultation

A 42 day public advertising period for Amendment No.51 was carried out between 21 June 2005 and 2 August 2005. This advertising was carried out by way of two on-site signs, an advertisement in the local newspaper, City’s website and letters to affected and nearby landowners. The cancellation of the 20A reserve was advertised simultaneously with the advertising of Amendment No.51 for a 42 day period.

The Department of Planning and Infrastructure (DPI), Western Power, Water Corporation, Telstra and Alinta Gas were also invited to comment on the proposal. Western Power, Water Corporation and Telstra raised no objection to the proposal and/or have advised that the proposal will not impact on their services. No response was received from DPI and Alinta Gas.

The submission period closed on 2 August 2005 and nineteen (19) submissions were received, seven (7) in support of the proposal and twelve (12) letters of objection. One submission of objection was withdrawn by the submittor, whilst another submission of objection did not include a name or address. The main issues raised in the submissions are discussed further in the Comment Section of this report.

Comment

Response to the Submissions

The main issues raised by the submissions, together with a comment on each area are outlined below:

Issue 1 – Loss of Public Open Space

Eleven (11) submissions were concerned about the loss of public open space (POS) and that the proposal, if approved, would create a precedent for other people to purchase parklands. The concerns regarding the loss of POS included:

(i) the reserve is for the people and should be retained for that purpose; (ii) parks are valuable public assets that should be protected and retained for the future; (iii) opposed to any reduction in parks, reserves or recreational areas anywhere in the Perth region; (iv) Council should follow the initial report which sort the removal of the retaining wall and return the land back to the POS; and (v) there is no benefit for other ratepayers and the wider community.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 30

Comment

The proposal would result in the reduction of the existing 20A Crown Reserve from approximately 3.7948 to 3.7923 hectares. Whilst there is a general presumption against the closure of existing 20A Crown Reserves in residential areas, the proposed reserve closure does not contain any significant trees or shrubs, the land is not likely to be of any recreational value or impact on any pedestrian linkages. The land is not identified in Bush Forever or a Bush Forever site. The proposed closure area is only 25m2 and will have no impact on the overall Recreation reserve or its usability. The circumstances of this proposed closure are unique, given its history, the topography of the land and the continuation of the encroachment into the Reserve for over 8 years. The balance of the encroachment land could be earthworked and the retaining wall removed, so the land forms part of the park. The proposal is a reasonable compromise to resolve the matter.

Recommendation

That the issue be dismissed.

Issue 2 – Impact on Views & Fencing

Several submissions from residents of Valkyrie Place objected to the proposal and fencing, due to its potential impact on their ocean and marina views. The submissions state that the landowner seeks to erect a 1.6 to 2 metre high wall that would block or partially block other resident’s views.

Comment

The landowner of the subject land could construct a wall along their current lot boundary, which would impact on the marina and ocean views of other residents, due to the existing shape of the lot and its frontage to Valkyrie Place (refer Attachments 1 and 2). The Council’s resolution at its meeting of 14 December 2004 (report PD15-12/04) specified the following:-

“1(d) Owners agreeing to construct at their cost, a suitable boundary fence between their property and Reserve No. 33797 Shamrock Park, Shamrock Court, Two Rocks to the satisfaction of the Director Planning & Development.”

The applicant has advised of their agreement to construct pool type fencing along the lot boundary line, when the closure land is included in the new lot. The applicant is not proposing to construct any new buildings or undertake any extension to the existing dwelling within the area that is to be acquired.

Recommendation

That the issue be dismissed.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 31

Issue 3 – Insufficient Justification Provided

Several submissions argued that there is insufficient justification to support the proposed reserve closure and that the landowner was fully aware of the limited access available when they purchased the property. The submittors advise that there are a number of alternative solutions for getting furniture into the property (i.e. furniture removalists, remove part of fence, etc.) and that there is adequate access to the rear of the property through the two car garage.

Comment

As suggested in the submissions, there would be several alternatives to provide access to the rear of the property and for the delivery of furniture and other large items to the lower level of the dwelling. The delivery and movement of furniture and other large items to the lower level of the dwelling would not normally occur that often and is usually not a justified reason on its own to close part of a Recreation reserve. It is noted that any prospective purchaser of the lot should have been aware of any such constraint when considering the purchase of the property and the landowner would now be aware of this constraint when considering the purchase of any new furniture or large items. However, the encroachment into the Recreation reserve has been occurring for over 8 years and the current landowner of Lot 13 was not responsible for the construction of the retaining wall and encroachment works, as such the proposed closure of the 25m2 area is a reasonable compromise to resolve the matter.

Recommendation

That the issue be dismissed.

Issue 4 - Alternative Land Exchange Proposed

One of the submissions objected to the proposal, however suggested an alternative proposal including the exchange of a 26m2 area of the POS area located largely at the rear of the dwelling for a 26m2 portion of Lot 13 Valkyrie Place fronting the cul-de-sac head (i.e. road verge). The submittor’s alternative proposal is included at Attachment 3. The submission suggests that this proposal would be more beneficial, as it would be a less dangerous precedent, provide the landowner with access to the side area of the property at a minimal cost, remove the threat by the landowner to construct a 1.6 metre fence to obscure views and would be less negative.

Comment

The proposed alternative land exchange would result in a poor configuration and boundary of the recreation reserve, which would be difficult for the City to manage and maintain in the future. The applicant has verbally advised that they do not support the alternative land exchange proposal, as it will not provide them with adequate access to the rear of their property and lower level of the dwelling, which the advertised proposal would provide. The proposed alternative land exchange would also remove an existing parking space that the landowner currently uses.

Recommendation

That the issue be dismissed.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 32

Issue 5 – Support Proposal

Seven (7) submissions of support to the proposal were received. The submissions included residents in close proximity to the park and three (3) residents in the southern part of Two Rocks (i.e. south of Lisford Avenue). Several of the submissions of support advised that the submissions of objection are personally motivated. The submissions support the proposal for various reasons including the following: i) the wall has been in place for 8 years with no problems; ii) the removal of the wall will be a safety hazard; iii) the reserve closure will not impact on the public’s use of the park; iv) allow access to the lower level of the dwelling; and v) the money raised from the sale of the reserve can be put back into an upgrade of the park.

Comment

As discussed earlier, the proposed closure area is only 25m2 and will have no impact on the overall Recreation reserve, does not contain any significant trees or shrubs, the land is not likely to be of any recreational value or impact on any pedestrian linkages. The Council has the ability to use a portion of the funds generated from the sale of the closed reserve for the construction of capital improvements on existing reserves in the general locality. Further details on the disposal of recreation reserves and the use of funds is included below.

The retaining wall should be removed and the land recontoured for inclusion into the landscaping within Shamrock Park. The work required for the removal of the retaining wall can be accommodated in the Council’s 2006/07 Parks Maintenance Budget. A question has previously been raised whether this retaining wall has been the subject of any maintenance work by the City. Records indicate that no such works have taken place to date.

Other Issues

Section 51 of the Land Administration Act 1997 (the Act), provides that the Minister for Lands may by order cancel, change the purpose of or amend the boundaries of a reserve. Under Cabinet approved guidelines the Minister may transfer the freehold of a cancelled reserve or part of a reserve to the Local Government for the purpose of disposal.

It is possible to dispose of a Section 20A reserve in two ways. Firstly, Council could acquire the freehold land from the Crown/DPI at 5% of the unimproved market value of the land (as determined on the advice of Valuation Services) or $500, whichever is greater. The Council could then dispose of the land under the provisions of the Local Government Act 1995 (Section 3.58), by either public auction, public tender or private treaty. In this regard, it should be noted that the Council would need to allocate funds for this purpose or request the purchaser to pay the $500 or 5% of the unimproved market value of the land as required by DPI to the Council for its payment to DPI. Then DPI’s requirement for $500 or 5% of the market value could then be deducted from the sale price to the purchaser. Secondly, subject to the City surrendering its Management Order, the Crown (through the Department for Planning and Infrastructure) may dispose of the cancelled reserve directly to the applicant in- accordance with their relevant legislation and retain all of the funds.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 33

Under the DPI Section 20A Crown Reserve Guidelines, when a reserve is disposed of by a Local Government the revenue is to be placed in a Trust Fund for the acquisition of other open space, the rationalisation of existing reserves or the construction of capital improvements on existing reserves in the general locality. Whilst it is acknowledged that the reserve closure is only 25m2 and its total value will not be a significant amount, the Council should ensure that any funds generated from the sale of the portion of the recreation reserve should be used by the Council for the construction of capital improvements on existing reserves in the locality, rather than all of the funds being retained by the Crown.

The rezoning and cancellation of that portion of the 20A reserve would facilitate vehicle access to the rear of the dwelling and assist with the resolution of a long standing encroachment in a Recreation reserve. The subject portion of the reserve is zoned Urban under the Metropolitan Region Scheme (MRS) and as such the proposed rezoning to Residential under DPS 2 is consistent with the MRS and the zoning of the adjacent Lot 13 Valkyrie Place, Two Rocks. The portion of the reserve to be closed should be rezoned to the Residential Zone under the City’s DPS2, prior to the land being disposed of to the adjoining landowner.

Statutory Compliance

The scheme amendment and cancellation of reserve will follow the statutory processes outlined in the Town Planning Regulations, Town Planning and Development Act, Transfer of Land Act and the Land Administration Act.

Strategic Implications

Consideration of this scheme amendment is consistent with the goal of providing Healthy Communities under the City’s Strategic Plan and in particular, Strategy 2.2 of the Planning and Development Directorate Strategic Plan, which seeks to provide a cohesive system of integrated land use planning.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority.

Recommendation

That Council:-

1. Pursuant to Town Planning Regulation 17(2) ADOPTS, without modification, Amendment No.51 to District Planning Scheme No.2 to rezone a portion of Reserve No.33797 Shamrock Park, Shamrock Court, Two Rocks from ‘Local Authority Reserve – Parks and Recreation’ to ‘Residential’.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 34

2. Pursuant to Town Planning Regulations 22 and 25 (a) (g) AUTHORISES the affixing of the common seal to, and endorses the signing of, the amendment documentation.

3. FORWARDS the amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning and Infrastructure grant final approval to the amendment.

4. ENDORSES the comments made in this report regarding the submissions received for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submittors of its decision.

5. AGREES to the cancellation of a portion of Reserve No.33797 Shamrock Park, Shamrock Court, Two Rocks, subject to the finalisation of Amendment No.51.

6. AUTHORISES the surrender of the Management Order over the portion of Reserve No.33797 that will be amalgamated with Lot 13 Valkyrie Place, Two Rocks.

7. AUTHORISES negotiations with the owner of Lot 13 Valkyrie Place, Two Rocks for the disposal of part of Reserve No.33797 by private treaty.

8. ACKNOWLEDGES payment will be required to the State of Western Australia of an amount equal to five per cent of the value of the portion of Reserve No.33797 as determined by the Valuers General’s Office or $500 whichever is greater, plus documentation and registration fees in exchange for a certificate of title in the name of the City of Wanneroo.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 35

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 36

ATTACHMENT 2

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 37

ATTACHMENT 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 38

PD03-09/05 Proposed Amendment No. 4 to the East Wanneroo Cell 4 Agreed Structure Plan

File Ref: SP/0005/04VO1 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments: 3

Issue

To consider an amendment to the East Wanneroo Cell 4 Agreed Structure Plan (ASP) in respect to Lots 4 and 49 East Road and Lot 46 Kemp Street, Pearsall.

Applicant Koltasz Smith Owner A & L Radich and J Dohnt Location Lots 4 and 49 East Road and Lot 46 East Road, Pearsall Site Area Approx. 15 hectares DPS 2 Zoning Urban Development

Background

The East Wanneroo Cell 4 ASP is shown as Attachment 1. Council resolved to adopt the ASP at its meeting of 28 September 1999 considering the modifications requested by the Western Australian Planning Commission (WAPC). The WAPC adopted and certified the ASP on 24 June 2002.

At its meeting on 16 December 2003, Council resolved to delegate authority to deal with all decisions relating to amendments to existing structure plans to the Director, Planning and Development, except where a public submission has been received following advertising of the amendment, or where an elected member has provided a written request to the Director requesting the structure plan be referred to Council.

A memo was sent to Councillors on 8 April 2005, advising that a proposal to amend the East Wanneroo Cell 4 ASP had been received and advertising consent would be determined under delegated authority unless Elected Members requested it be referred to Council for determination. Such a request was received from an Elected Member on 12 April 2005, and the proposal was subsequently presented to Council for consideration at its meeting of 17 May 2005 (refer Item PD01-05/05). At this meeting, Council resolved that the proposal be advertised for a period of 28 days.

Detail

Koltasz Smith and Partners has requested that the ASP be amended as it relates to Lots 4 and 49 East Road and Lot 46 Kemp Street, Pearsall. The amendment involves:

1. The deletion of the 4-hectare private school from the subject site; 2. Rezoning the subject land to Residential with a density code of R20; and 3. The inclusion of a road design to guide residential subdivision of the land.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 39

The portion of the ASP affecting the site is shown at Attachment 2. The extent and proposed road design of the amendment is shown at Attachment 3.

Consultation

Clause 9.7 of District Planning Scheme No.2 (DPS2) enables public notification of an amendment to an ASP to be waived where the amendment is considered to be of a minor nature which does not materially alter the intent of the structure plan or cause any significant detriment to land within or abutting the structure plan area.

In this case, it was considered that the amendment should be subject to consultation. Council resolved to advertise the proposal for a period of 28 days. Advertising was carried out by onsite signs, an advertisement in the local newspaper and letter to the adjoining landowners. The advertising of the proposal was extended by a further 28 days, due to the proponent not installing signs on site by the agreed advertising commencement date. Public advertising of the proposal occurred between 31 May and 29 July 2005.

At the conclusion of public advertising, 10 submissions had been received. Of these, six submissions supported the proposal, three supported the proposal subject to other issues being addressed and one submission opposed the proposal. Further, a petition containing 15 signatures and objecting to the connection of Kemp Street through to Lenore Road, was presented to Council at its meeting of 9 August 2005.

Comment

The main issues raised by the submissions, together with a comment on each is outlined below:

Issue 1 - Landowners bought and built in the area with an expectation that a private primary school would be built at the subject site

We initially built in this area due to the proximity of schools that would be available to us. This redevelopment would remove the opportunity for our child to be walking distance from school and live in the same vicinity as his fellow students.

Comment

As noted in the previous report presented to Council on this matter, the proposed deletion of the private primary school from the subject site has a long history (refer Item PD01-05/05). The original Cell 4 ASP did note the potential over-supply of school sites (3 primary schools) within the Cell and made mention of the possibility of the private school site on Lenore Road being removed from the LSP and replaced with residential zoning.

As previously outlined, there has been no interest from school bodies with regards to purchasing the site and constructing a school. The City’s Administration has liaised with private school groups over the last two years, and again contacted these groups during the recent public advertising period, however no interest in the site was expressed.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 40

The lack of interest in the site and the over-provision of school sites within the Cell make it difficult to justify retention of the Private School zoning over the subject land. While it is acknowledged that some new residents in subdivisions around the subject site may have bought in the area expecting a private school site to be built in the future, no interest in the site has been shown from the private school providers. It should be noted that the identification of a potential school site on a Structure Plan would not necessarily mean that a private school would ultimately be constructed, it merely sets aside land for this possibility.

The Department of Education and Training (DET) is already proposing to build two public primary schools in Hocking / Pearsall. As depicted on the Cell 4 ASP, the proposed primary school in Pearsall is centrally located and is within walking distance of the established residential areas in Pearsall. The DET would not require a third school site within such a small catchment. In addition, another private school site of 10-hectares has already been identified within the Cell, and is owned by the Catholic Education Commission.

Recommendation

That this objection be dismissed.

Issue 2 - Objection to Kemp Street being extended through to Lenore Road

The extension of Kemp Street to Lenore Road is not required as there are already sufficient access points into Pearsall from Lenore Road. The extension of Kemp Street would have detrimental impacts on local amenity and property values.

Comment

Amendment No. 4 to the ASP relates only to Lots 4 and 49 East Road and Lot 46 Kemp Street, Pearsall. The amendment proposes only to delete the 4-hectare private school site and apply a residential road network and R20 density coding over the land, to allow residential development to occur. The current amendment does not relate to the future extension of Kemp Street, and subsequently submissions objecting to the opening of Kemp Street are not considered relevant to this proposal.

It should be noted that the extension of Kemp Street to Lenore Road has been depicted on the East Wanneroo Cell 4 ASP since its preparation in the mid-1990s. The Structure Plan was prepared following extensive consultation, and has been adopted by Council and the Western Australian Planning Commission. The Structure Plan is and has been readily available for viewing by potential land purchasers in this area for a number of years.

The extension of Kemp Street as a link to Lenore Road was based on traffic modelling which was undertaken during the preparation of the original East Wanneroo Structure Plans. The linkage to Lenore Road was based on the need to prevent traffic congestion on East Road and the former Mary Street as the only eastern link roads into Pearsall. Deletion of this road link would therefore be undesirable. The extension of Kemp Street will be undertaken by adjacent subdividers. It should be noted that a subdivision approval has already been issued by the WAPC for Lot 47 Kemp Street, requiring the road extension to be constructed. This approval is valid until August 2007.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 41

The City has the ability, through the subdivision and engineering approval processes, to require the installation of traffic management devices on Kemp Street to control vehicle speeds. Such works would be installed by the subdividers of land holdings along Kemp Street.

Recommendation

That this objection be dismissed. The submitters and petitioners should however be advised that if deemed necessary the City will consider traffic management devices on Kemp Street through the subdivision and engineering approval processes.

Issue 3 - Concerns over the close proximity of new residential land to existing market gardens

Purchasers of residential lots within the subject area would be disturbed by market gardening activities on nearby lots. Residential development may also damage crops on nearby market gardens.

Comment

The City of Wanneroo and the Western Australian Planning Commission (through Planning Bulletin No. 63 and other policies) have various measures in place to minimise the potential for conflict between market gardens and residential land uses in considering applications for subdivision. The most common conflicts arise from agricultural chemical spray drift, noise, dust and odours.

In Cell 4 and other areas of East Wanneroo, these concerns are generally addressed through placing memorials and notifications on new Certificates of Title, which serve to advise new purchasers in the area of the potential land use conflict. The WAPC will also commonly require landscaping buffers between market gardens and new residential areas, where there is immediate abuttal between the different land uses. Given the extent of development that has occurred to date in the Cell 4 ASP area and the policy measures that have been put in place to minimise land use conflict, it is not considered appropriate to constrain the current proposal due to the proximity of market gardens in the area.

Appropriate conditions can also be imposed on engineering approvals prior to subdivisional works commencing, to minimise sand-drift from construction works associated with new subdivisions, to reduce the impact on adjacent horticultural areas.

Recommendation:

That this objection be dismissed.

Issue 4: Concerned that the proposal may impact on the development potential of Lot 23 East Road, Hocking

Concern that the proposal may impact on development options for Lot 23 East Road, including expanded horticultural use, construction of new buildings, re-contouring or rezoning.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 42

Lot 23 East Road is located at the intersection of East Road and Lenore Road, Hocking, directly opposite the subject area. Lot 23 contains an operating market garden, which has a non-conforming use right carrying over from the gazettal of DPS2, which rezoned the balance of the Cell 4 ASP area from ‘Rural’ to ‘Urban Development’. Amendment No. 4 to the Cell 4 ASP is zoning-and design related only, and does not propose any development or subdivision of the subject area. There has already been residential development within 300-metres of Lot 23.

Further development or subdivision of Lot 23 will be controlled through the provisions of DPS2 and the East Wanneroo Cell 4 ASP, and is not considered relevant to the current proposal. Further, as outlined when addressing Issue 3, the City and WAPC have various policy measures in place to minimise conflict between land-uses in the East Wanneroo area.

Recommendation:

That this objection be dismissed.

Statutory Compliance

The proposed Amendment to the ASP will follow the statutory process outlined in Part 9 of DPS2.

Strategic Implications

Consideration of this proposal is consistent with the goal of providing Healthy Communities under the City’s Strategic Plan and in particular, Strategy 2.2 of the Planning and Development Directorate Strategic Plan, which seeks to provide a cohesive system of integrated land use planning.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority.

Recommendation

1. Pursuant to Clauses 9.6 and 9.7 of District Planning Scheme No.2, RESOLVES that Amendment No. 4 to the East Wanneroo Cell 4 Agreed Structure Plan, as submitted by Koltasz Smith, as outlined on Attachment 3 to this report, is satisfactory and ADOPTS, SIGNS and SEALS the Structure Plan Amendment documents;

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 43

2. Pursuant to Clause 9.6.5 of District Planning Scheme No.2 FORWARDS three copies of the Amendment No.4 to the East Wanneroo Cell 4 Agreed Structure Plan to the Western Australian Planning Commission for its adoption and certification;

3. ENDORSES the comments made in this report regarding the issues raised by the submission received on this structure plan amendment for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submitters of its decision.

4. ADVISES the petitioners that the City requires Kemp Street to be extended through to Lenore Road, however review the need for traffic management devices on Kemp Street through the subdivision and engineering approval processes.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 44

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 45

ATTACHMENT 2

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 46

ATTACHMENT 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 47

PD04-09/05 Prefunding the Construction of the New Pinjar Road and Other Related Road Modifications in Banksia Grove and Tapping

File Ref: SP/0040V01 Responsible Officer: Director, Planning Development Disclosure of Interest: Nil Attachments: 3

Issue

To consider public submissions on two proposed closures of Pinjar Road and closure of a portion of Yandella Promenade (former Clarkson Avenue) road reserve in Banksia Grove and Tapping.

Background

In 1998, the Council received a petition containing 131 signatures requesting the extension of Joondalup Drive. In 2002, the Council received a similar petition from local residents in Banksia Grove with 517 signatures. Over this period Administration had been negotiating with both Peet & Co and LandStart for Joondalup Drive to be extended to Neaves Road.

Administration facilitated further discussions on the extension of Joondalup Drive and the parties were able to agree to construct Joondalup Drive within two years. This is earlier than the extension would have normally occurred. Joondalup Drive was constructed to Neaves Road and opened to traffic in January 2005.

Concerns about traffic movement and volumes have been raised by residents of Banksia Grove and Mariginiup since the extension of Joondalup Drive was opened to traffic and Pinjar Road was closed at Neaves Road to accommodate the extension of Joondalup Drive.

Council, at its meeting on 22 February 2005 (MN01-02/05), resolved to:

“1. Seek an urgent meeting with Peet & Co to discuss the early construction of Pinjar Road deviation between Clarkson Avenue and Joondalup Drive and report the outcome of this meeting to Council.

2. If unsuccessful in its negotiations with Peet & Co to complete the early construction of the Pinjar Road deviation between Clarkson Avenue and Joondalup Drive, lists for consideration in the 2005/06 budget an amount of $680,000 to prefund the construction of this deviation.”

Following this, Administration met with Peet & Co on several occasions and reached agreement in principle on the Council prefunding the construction of the new alignment of Pinjar Road and funding the construction of Pinjar Road south of Yandella Promenade by the East Wanneroo Cell 1 Infrastructure Contribution Arrangements as provided for under Part 10 and Schedule 9 of District Planning Scheme No.2 (DPS2).

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 48

Peet & Co’s agreement is conditional on the City prefunding 50% of the total cost of construction of the section of the realigned Pinjar Road abutting its Stage 5L to its southern boundary (i.e.: existing Yandella Promenade). The landowner will repay the prefunding amount within 6 months from the works achieving practical completion.

Council, at its meeting on 7 June 2005 meeting (refer Item PD01-06/05), resolved to:-

“1. Pursuant to Section 6.8(1)(b) of the Local Government Act 1995, approves by an absolute majority, the prefunding of the construction of the extension of Pinjar Road to the existing Yandella Promenade.

2. Notes that an amount of $150,000 has been listed in the Draft 2005/2006 Roadworks Capital Works Program for the prefunding of the construction of the realignment of Pinjar Road.

3. Authorises a prefunding arrangement under Clause 10.12 with Peet & Company for the construction of a portion of Pinjar Road south of the existing Yandella Promenade in Cell 1, subject to the distance and final cost being determined and approved by the Director, Planning and Development prior to the commencement of the works.

4. Authorises payment as contained in this report from the Cell 1 Account of the amount required for the acquisition of road widening (including a drainage sump) in East Wanneroo Cell 1 Agreed Structure Plan as compensation to the owner of Location 2706 Pinjar Road and Lot 3 Pinjar Road for the Pinjar Road road widening at the average land value in Cell 1, when the land is ceded, subject to the owner signing a Deed of Indemnity and Release.

5. Authorises the closure of a thoroughfare to vehicles pursuant to Section 3.50 of the Local Government Act 1995, in respect to the northern alignment of Pinjar Road at its junctions with the new alignment of Pinjar Road (opposite existing Yandella Promenade) conditional on the opening to traffic of the new Pinjar Road connection to Joondalup Drive.

6. Advertises and immediately proceeds with the process of closure of a thoroughfare to vehicles pursuant to section 3.50 of the Local Government Act 1995, in respect to the northern alignment of Pinjar Road at its junctions Coogee Road/Tumbleweed Drive.

7. Advertises the closure of a portion of Yandella Promenade (former Clarkson Avenue) road reserve between the new alignment of Yandella Promenade and existing Pinjar Road in Tapping and the amalgamation of the closed road reserve with the adjoining Crown Reserve for Recreation, when created in-accordance with Section 58 of the Land Administration Act 1997.”

Detail

The first section of Pinjar Road to be closed is on the north side of the Tumbleweed Drive/Coogee Road intersection where shown by the letter “A” on Attachment 1.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 49

The second section of Pinjar Road to be closed is located near the present intersection of Yandella Promenade (formerly Clarkson Avenue) and Pinjar Road, shown as “B” on Attachment 1. This closure is required to allow the realignment of Pinjar Road to be connected to Joondalup Drive and is intended to be put in place when the new alignment of Pinjar Road between Yandella Promenade and Joondalup Drive is constructed and open to traffic.

The third proposal includes the closure of Yandella Promenade (former Clarkson Avenue) at its eastern end between its realignment northwards and Pinjar Road, as identified in the shaded section at “C” on Attachment 1. The road reserve is to be permanently closed and incorporated into a new Recreation reserve (Park) that is to be created between the closed section and the realignment of Yandella Promenade (referred to as “Future P.O.S” on Attachment 1) in-accordance with the Agreed Structure Plan. The closure of the existing alignment of Yandella Promenade and the construction of the realignment of Yandella Promenade is required for the construction of the realignment of Pinjar Road through to Joondalup Drive. The subdivider (Peet & Co) is required to construct the realignment of Yandella Promenade as a condition of its subdivision approval.

Consultation

The public was notified of the proposed road closures at the time the Agreed Structure Plans for Carramar/Tapping, Banksia Grove and East Wanneroo Cell 1 were advertised for public comment. Further direct notification of these three proposals was given via a 35-day public advertising period between 5 July 2005 and 8 August 2005. This advertising was carried out by way of on-site signs, advertisements in the local newspaper and letters to affected and nearby landowners (approximately 600) in Banksia Grove, Tapping and Mariginiup. All of the notices invited comment on the proposed closures and a period of 35 days was allowed for the lodging of those comments.

The submission period closed on 8 August 2005 and twenty-one (21) submissions were received. The majority of the submissions included comments on all three proposed closures. Six (6) submittors supported the closure of Pinjar Road north of Tumbleweed Drive/Coogee Road (Proposal A on Attachment 1), whilst eight (8) submittors objected to Proposal A. Eight (8) submittors supported the closure of Pinjar Road at Yandella Promenade (Proposal B on Attachment 1) and eight (8) submittors objected to Proposal B.

Six (6) submittors supported the closure of a portion of Yandella Promenade (former Clarkson Avenue) road reserve between the new alignment of Yandella Promenade and existing Pinjar Road (Proposal C on Attachment 1), whilst only two (2) submittors objected to Proposal C. The main issues raised in the submissions are discussed further in the Comment Section of this report.

The Department of Planning and Infrastructure (DPI), Main Roads WA, Western Power, Water Corporation, Telstra, FESA, Education Department, WA Police Service, Transperth, Ambulance Service and Alinta Gas were also invited to comment on the proposals. Only Western Power and Alinta Gas provided responses, which were of support or raised no objection to the proposals, subject to any services being relocated when the roads are constructed. No response was received from the other Government agencies and referral authorities.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 50

Comment

Response to the Submissions

The main issues raised by the submissions, together with a comment on each area are outlined below:

Issue 1 – Object to Closure of Pinjar Road North of Tumbleweed Dr/Coogee Road

Eight (8) submittors objected to the closure of Pinjar Road north of Tumbleweed Drive/Coogee Road (Proposal A on Attachment 1). The submittor’s objections and comments included: i) the proposed closure would result in additional traffic on Tumbleweed Drive and other local roads in Banksia Grove, which would cause additional noise, raise safety concerns and more trucks; ii) the proposed closure would significantly inconvenience residents of Banksia Grove and Mariginiup; iii) other traffic calming measures should be used; iv) the closure would not improve the current traffic problems in the short term and would have long term impacts on access for residents; v) the closure should only occur for four months, until the Pinjar Road is realignment is completed; vi) the closure will result in significant increases in traffic on Viridian Drive, which will be the major alternative route; vii) the closure will create additional confusion for motorists and local residents; viii) the closure will only make traffic movement and trips for local residents more difficult and cause additional delays; and ix) the closure is not necessary for the realignment of Pinjar Road to be completed.

Three of the submissions of objection to the closure of Pinjar Road north of Coogee Road/Tumbleweed Drive (Proposal A on Attachment 1) requested that a roundabout or other traffic calming measures be constructed at this intersection. One submission, which objected to the closure of Pinjar Road north of Coogee Road/Tumbleweed Drive, did not support the provision of a roundabout at this intersection.

Comment

The closure of Pinjar Road north of Tumbleweed Drive/Coogee Road is not required to facilitate the construction of the realignment of Pinjar Road. The closure of Pinjar Road opposite Yandella Promenade (Proposal B) and completion of the construction of the realignment of Pinjar Road to Joondalup Drive will assist in decreasing through traffic and encourage traffic to use the regional road network, which will result in significant improvements in traffic movement and volumes in Tapping, Carramar, Banksia Grove and Mariginiup. A roundabout would not be constructed at the Pinjar Road/Tumbleweed Drive/Coogee Road significantly in advance of the completion of the realignment of Pinjar Road to Joondalup Drive. The completion of the realignment of Pinjar Road to Joondalup Drive will resolve the majority of the current problems with through traffic in Banksia Grove, prior to any such roundabout being constructed.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 51

Council considered a detailed report on various treatment options for the intersection of Pinjar Road and Tumbleweed Drive/Coogee Road, including the provision of a roundabout, at its 14 December 2004 (item TS07-12/04) meeting and resolved, amongst other matters, to request Administration to prepare a concept design and costing for an intersection treatment at Pinjar Road/Tumbleweed Drive/Coogee Road for consideration in the draft 4 Year Capital Works Budget. This would enable the Administration to prepare concept designs with costings and assess the most suitable treatment at the Pinjar Road/Tumbleweed Drive/Coogee Road intersection. A proposed upgrade of the intersection could then be considered by Council for funding in the 4 year Capital Works Program.

Recommendation

That the issue be upheld. It is recommended that the Council not proceed with the closure of Pinjar Road north of Tumbleweed Drive/Coogee Road (Proposal A on Attachment 1). The Council should reiterate its previous decision at its meeting on 23 December 2004 (TS07- 12/04) for the intersection to be further considered in the draft 4 Year Capital Works Budget.

Issue 2 – Other Road Closures should Occur

Two (2) of the submissions opposing the closure of Pinjar Road north of Tumbleweed Drive/Coogee Road (Proposal A on Attachment 1) requested several other road closures including Malachite Road, Haven Fairway and Tumbleweed Drive to resolve the current traffic concerns.

Comment

The closure of Malachite Road, Haven Fairway and/or Tumbleweed Drive has not been advertised for public comment and it is unlikely that the majority of local residents would support these new road closures. The realignment of Pinjar Road should be completed by December 2005, which will significantly reduce through traffic in Banksia Grove by requiring the majority of traffic to use Joondalup Drive and the new realignment of Pinjar Road. The closure of roads such as Malachite Road, Haven Fairway and Tumbleweed Drive will significantly inconvenience local residents and are not appropriate or necessary, particularly given that the new alignment of Pinjar Road will be completed by the end of the year.

Recommendation

That the issue be dismissed.

Issue 3 – Request Reopening of Pinjar Road at Neaves Road

Two submissions requested the reopening of Pinjar Road at the intersection of Neaves Road and Joondalup Drive, so that traffic can be diverted around Banksia Grove and to relieve the current traffic concerns.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 52

Comment

Council considered a detailed report on the matters relating to the closure of Pinjar Road at Neaves Road at its 23 November 2004 meeting (item PD14-11/04) and resolved, amongst other matters, to make an order for the closure of a thoroughfare to vehicles for a period of four years pursuant to Section 3.50 of the Local Government Act 1995, in respect to the southern alignment of Pinjar Road at its junction with Neaves Road, Mariginiup conditional on the opening to traffic of the new Joondalup Drive connection to Neaves Road at its intersection with Pinjar Road. This closure is in place and should not be modified.

Recommendation

That the issue be dismissed.

Issue 4 – Impacts of Southern Closure of Pinjar Road (Proposal B) on Rural Residents of Mariginiup

Eight submissions were received, mainly from residents of Ranch Road in Mariginiup, who are concerned about their access to the Wanneroo Townsite, potential economic impact on Wanneroo of the closures and the additional travel distance of up to 5 kilometres that will result, if Pinjar Road is closed opposite Yandella Promenade (former Clarkson Avenue). Several of the submissions recommended alternative proposals to the closure of Pinjar Road, including: i) closure of Pinjar Road north of Ranch Road rather than opposite Yandella Promenade; ii) a small spur connecting the new realignment of Pinjar Road to the current Pinjar Road alignment; and iii) signage, such as ‘Local Traffic Only’ and traffic calming/roundabout instead of the closure of Pinjar Road opposite Yandella Promenade.

Comment

The majority of residents in Mariginiup will not be substantially affected by the closure of Pinjar Road in the vinicity of Yandella Promenade, however the residents of Ranch Road will be inconvenienced by the closure, particularly for vehicle trips to and from the Wanneroo Townsite.

Approximately half of the new alignment of Yandella Promenade has already been constructed by the subdividers (Peet & Co) and the construction of Pinjar Road to Yandella Promenade is currently being undertaken by Peet & Co in-accordance with the conditions of subdivision approval, the Agreed Structure Plan (refer Attachment 2) and the legal agreement between the City of Wanneroo, Peet & Co and the LandStart (State Housing Commission), which sets out the developer’s obligations for the construction of arterial roads through Tapping, Carramar and Banksia Grove.

There is insufficient intersection spacing and road reserve land area to construct a roundabout and/or a new connection from the existing Pinjar Road to the new alignment of Pinjar Road in the vicinity of the existing alignment of Yandella Promenade.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 53

The construction of a roundabout at the new alignment of Yandella Promenade would require the Council to acquire a substantial portion of land from the subdivider (Peet & Co – Carramar Estate) for a new road reserve and the cost of the acquisition and construction of such a roundabout would need to be met by the Council.

The construction of the new alignment of Pinjar Road will require the existing Pinjar Road to be constructed as a cul-de-sac in the vicinity or north of where the existing alignment of Pinjar Road is deviated in-accordance with the Agreed Structure Plan. The construction of the new alignment of Yandella Promenade and Pinjar Road will assist in decreasing through traffic and encourage traffic to use the regional road network, which will result in significant improvements in traffic movement and volumes in Tapping, Carramar, Banksia Grove and Mariginiup.

The Agreed Structure Plan for Carramar and Tapping includes a new east/west road connection (Nambi Parkway) from the new realignment of Pinjar Road to the current alignment of Pinjar Road, approximately 375 metres north of Ranch Road (refer Attachment 2). Peet & Co has obtained subdivision approval and has partly constructed Nambi Parkway, however the connection of Nambi Parkway is unlikely to occur until Peet & Co subdivide the remainder of their landholding. The connection of Nambi Parkway to the current alignment of Pinjar Road will be approximately 375 metres north of Ranch Road (refer Attachment 3) and will provide the residents of Ranch Road, Mariginiup a more direct route to the Wanneroo Townsite, than Tumbleweed Drive as currently proposed, thereby resolving any inconvenience of the closure of Pinjar Road for residents of Mariginiup.

The Administration has recently held discussions with Peet & Co (Carramar estate) regarding the possibility of completing the construction of Nambi Parkway to Pinjar Road, however no agreement has been reached to date. If no agreement is reached, then the City could request the Western Australian Planning Commission (WAPC) to apply a condition to the next subdivision application for the south-east portion of the Carramar Estate (Peet & Co) to require the subdivider to complete the construction of Nambi Parkway to the existing alignment of Pinjar Road. However, it should be noted that the WAPC may not be prepared to impose such a condition and even if the WAPC did impose such a condition, then the extension of Nambi Parkway to the existing alignment of Pinjar Road would probably still not occur for several years. The Administration will continue to negotiate with Peet & Co in an attempt to provide the timely construction of Nambi Parkway.

Recommendation

That the issue be dismissed.

Issue 5 – Support Realignment and Closures of Yandella Promenade and Pinjar Road opposite Yandella Promenade – Proposals B & C

Eight (8) submittors supported the closure of Pinjar Road at Yandella Promenade (Proposal B on Attachment 1) and six (6) submittors supported the closure of a portion of Yandella Promenade (former Clarkson Avenue) road reserve between the new alignment of Yandella Promenade and existing Pinjar Road (Proposal C). The submittors support the closures for the following reasons:

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 54

i) the closures will preserve the integrity of the new and old areas of Banksia Grove; ii) whilst the closures will result in longer driving distances for residents of Mariginiup, it will make the area quieter and safer for residents; iii) the closure of Pinjar Road at Neaves Road has already significantly reduced traffic, which can only improve with the three proposed road closures; iv) support the redirecting of traffic to Joondalup Drive, especially trucks; and v) the through traffic problems in Banksia Grove will be resolved with the realignment of Pinjar Road.

Comment

The construction of the new alignment of Pinjar Road through Tapping and Banksia Grove requires the existing Pinjar Road to be closed where the existing alignment of Pinjar Road is deviated in-accordance with the Agreed Structure Plan (refer Attachments 1 and 2). The construction of the new alignment of Yandella Promenade and the southern Pinjar Road closure will assist in decreasing through traffic and encourage traffic to use the regional road network, which will result in significant improvements in traffic movement and volumes in Tapping, Carramar, Banksia Grove and Mariginiup.

Recommendation

That the issue be upheld. The proposed closure for Yandella Promenade and the southern Pinjar Road closure should proceed to facilitate the construction of the realignment of Pinjar Road.

Other Issues

The construction of the new alignment of Pinjar Road will provide a direct and alternate route for traffic travelling along Pinjar Road to access Joondalup Drive and the regional road network, which will assist in decreasing through traffic and encourage traffic to use the regional road network, which will result in significant improvements in traffic movement and volumes in Tapping, Carramar, Banksia Grove and Mariginiup. The closures to vehicles are considered to be in the best interest of local traffic management following the recent extension of Joondalup Drive and the future deviation of Pinjar Road.

Statutory Compliance

The prefunding of the construction of Pinjar Road south of Yandella Promenade (former Clarkson Avenue) by East Wanneroo Cell No.1 will be processed in-accordance with Part 10 of DPS2.

The closure of the existing alignment and connection of Yandella Promenade to Pinjar Road and amalgamation of the road reserve into future public open space areas either side of the road reserve will be processed in-accordance with Section 58 of the Land Administration Act 1997.

The making of an order for the closure of Pinjar Road where the existing alignment of Pinjar Road is deviated in the vicinity of Yandella Promenade will be actioned in-accordance with Section 3.50 of the Local Government Act 1995.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 55

Strategic Implications

The early construction of the new alignment of Pinjar Road to Joondalup Drive and construction of the new alignment of Yandella Promenade is consistent with the City’s Strategic Plan 2002-2005 goals and strategies: “Healthy Communities 2.2 Provide a cohesive system of integrated land use planning. 2.3 Support and encourage the delivery of a safe and effective transport network. 2.4 Support safe and secure communities. 2.7 Provide community focused services and lifestyle opportunities.”

Policy Implications

Nil

Financial Implications

Should Council resolve to not close the passage by vehicles on Pinjar Road north of its junction with Coogee Road/Tumbleweed Drive, then it will need to list the construction of an intersection treatment at Pinjar Road/Tumblewood Drive/Coogee Road in the Draft 4 Year Capital Works Programme.

A cost estimate for an intersection treatment such as a roundabout would be in the order of $125,000 to $175,000 subject to detailed survey, design and consideration of service adjustments.

Voting Requirements

Simple Majority.

Recommendation

That Council:-

1. DOES NOT MAKE an order under Section 3.50 of the Local Government Act 1995 for the closure to passage by vehicles of Pinjar Road north of its junction with Coogee Road/Tumbleweed Drive.

2. MAKES an order pursuant to Section 3.50 of the Local Government Act 1995 for the closure to passage by vehicles in respect to the Pinjar Road in the vicinity of Yandella Promenade, Tapping, subject to the construction and the opening to traffic of the new Pinjar Road connection to Joondalup Drive.

3. AUTHORISES a request being made to the Minister for Lands pursuant to Section 58 of the Land Administration Act 1997 for the permanent closure of a portion of Yandella Promenade (former Clarkson Avenue) road reserve between the new alignment of Yandella Promenade and existing Pinjar Road in Tapping, subject to the construction and the opening to traffic of the new alignment of Yandella Promenade to the new alignment of Pinjar Road.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 56

4. SUPPORTS the amalgamation of the closed portion of Yandella Promenade with the adjoining Crown Reserve for Recreation when created.

5. REQUESTS Administration to prepare a concept design and costing for an intersection treatment at Pinjar Road/Tumbleweed Drive/Coogee Road for consideration in the 4 Year Capital Works Budget.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 57

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 58

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 59

ATTACHMENT 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 60

PD05-09/05 Reserve Cancellation and Adoption of Amendment No 56 to District Planning Scheme No. 2: Rezone Portion of Reserve 34670 Wanneroo Road (Luisini Park) Wangara

File Ref: TPS/0056V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments 3

Issue

To consider the public submissions and adoption of Amendment No. 56 to District Planning Scheme No. 2 (DPS2) to rezone portion of Reserve 34670 Wanneroo Road, Wangara (Luisini Park) from Local Scheme Reserve – Parks and Recreation to Service Industrial and support the cancellation of the same portion of the reserve to facilitate its amalgamation with the adjoining landholdings.

Applicant Peter D Webb and Associates on behalf of Automotive Holdings Group Pty Ltd Owner Crown Location Portion of Reserve 34670 (Luisini Reserve) Site Area Approximately 0.4 hectares DPS 2 Zoning Local Scheme Reserve – Parks and Recreation

Background

The subject portion of Reserve 34670 forms part of a linear area of public open space (POS) located directly adjacent to Wanneroo Road, along the frontage of the Wangara Industrial Area (refer Attachment 1). The reserve has been placed in the control of the City for recreational purposes under a Management Order issued by the Minister for Lands.

The reserve was intended to serve the multiple purposes of prohibiting vehicle access to Wanneroo Road, providing a screening buffer to the Industrial Area from Wanneroo Road and to a lesser extent, an opportunity for passive recreation for the local workforce. The subject portion of the reserve is grassed and contains some trees and shrubs.

The proposal would result in the reduction in width of the existing portion of the reserve from approximately 35 metres to 10 metres wide and relates to a land area of approximately 4,000 m2 (refer Attachment 2).

The applicant has prepared a concept plan that depicts the possible future development of the site (refer Attachment 3). The concept plan identifies a service road adjacent to the proposed boundary to assist in the interface between a motor vehicle display area and the remaining 10 metre wide portion of the reserve. It should be noted that this is not a statutory plan but merely represents the applicant’s current development intention should the cancellation and subsequent sale be successful.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 61

Council, at its meeting on 26 April 2005, resolved to prepare the amendment and advertise the proposal for a period of 42 days. Council also requested the consent of the Minister for Lands for the expenditure of proceeds from the sale towards acquisition or improvement of other POS in the locality (Item PD12-04/05).

Detail

The Environmental Protection Authority advised the City on 20 June 2005 that the Scheme amendment did not warrant an environmental assessment.

The Western Australian Planning Commission’s (WAPC) consent to advertise was not required in this instance.

The City requested the Minister for Lands consent for the proceeds emanating from the disposal of the reserve to be paid to the City for the acquisition of replacement POS or capital improvements to other POS within the locality. The Department for Planning and Infrastructure’s Land Asset Management Services (LAMS) advised the City on 6 July 2005 that it had no objection to the proposal in principle, subject to formal application for excision being made to the Minister for Lands, the in principle support of the WAPC and compliance with the section 20A Guidelines in relation to community consultation. LAMS also advised, that the disposal of the land to the City in fee simple could be accommodated on the basis of payment to the DPI of the greater of $500 or 5% of its unimproved market value, as determined on the advice of the Valuation Services. The LAMS has advised that their Valuation Services have been requested to provide a valuation and that the price and relevant fees will be provided in due course.

Consultation

A 42-day public advertising period was carried out between 5 July 2005 and 16 August 2005. This advertising was carried out by way of two on-site signs, an advertisement in the local newspaper, letters to affected and nearby landowners and details on the City’s website.

Although the applicant had provided letters of support from relevant government agencies with the application, the City sought further advice on the reserve cancellation from these government agencies during the advertising period of the amendment (including Telstra Corporation, Western Power, Alinta Gas, Water Corporation and the WAPC).

At the close of the public consultation period, twenty six (26) public submissions had been received and one (1) from the Department for Planning and Infrastructures Statutory Planning Division, which advised that further consideration of the reserve cancellation will be made at the time of final consideration of Amendment No. 56, following conclusion of public advertising. In this regard it should be noted that the DPI/WAPC have not previously raised objection to the proposal. A petition with 252 signatures was also submitted to the City.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 62

Comment

Submissions

Of the twenty six (26) public submissions, three (3) generally supported the proposal and twenty three (23) objected to the proposal. Of the twenty three (23) objections, twenty one (21) were submitted simultaneously and contained the same objection proforma. The 252 signature petition also objected to the proposal.

The main issues raised by the submissions, together with a comment on each are outlined below.

Issue 1

The existing area of POS provided opportunity for active and passive recreation. The removal of approximately 4000 m2 would significantly reduce the amount of recreational areas in the locality and possibly compromise its function and usability.

Comment

The subject portion of the reserve is located on the western extremity of the Wangara Industrial Estate and is isolated by Wanneroo Road and the privately owned Industrial land on its eastern boundary (which is owned by the applicant). The existing reserve area is not very accessible to the Wangara work force or the general public because of its isolated location. The existing reserve is only 35 metres wide and is located adjacent Wanneroo Road, which has high traffic volumes and could not be used for active recreational use. Whilst the reserve could currently accommodate some passive recreational activities (lunch, walking, etc) the only access to the reserve would be from either Wanneroo Road or Prindiville Drive, however there is no public carparking in close proximity. The reserve on the northern side of Prindiville Drive is larger (approximately 75 metres wide and has a land area of approximately 2.5 ha), which represents a better option for recreation as it contains picnic tables, parking, trees, grassed areas and is in close vicinity of the subject site.

On this basis, it is considered very unlikely that the recreational needs of the Wangara work force would be compromised by the partial cancellation of this reserve.

Recommendation

That the issue be dismissed.

Issue 2

The existing reserve provides an aesthetic buffer to the Industrial area from Wanneroo Road and the rear of industrial uses will not be concealed from passing traffic, thereby detrimentally affecting the amenity of the area.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 63

Comment

The majority of landholdings abutting this portion of the reserve are currently undeveloped. However, if the land was developed in its current configuration, it is probable that significant retaining walls would be needed along the western boundary of the industrial lots (adjacent to the reserve) to facilitate vehicle access and level coordination with Berriman Drive. Under the applicant’s proposal, development would achieve access from an internal road system, with building orientation towards Wanneroo Road. Whilst the cancellation of the reserve would result in a reduced separation between future car yards and Wanneroo Road, the coordination of levels with Luisini Park and the reorientation of the development towards Wanneroo Road as proposed by the applicant would provide the potential for a high quality, visually integrated development than could otherwise be experienced by the retaining walls at the rear of any future industrial development. If the development is required to front Berriman Drive, then a retaining wall up to 10 metres high would be required to coordinate levels.

Recommendation

That the issue be dismissed.

Issue 3

The reserve provides a physical and visual barrier to Wanneroo Road. Any vehicle access to Wanneroo Road via crossovers or service roads should be prohibited.

Comment

The proposal would retain a 10 metre wide portion of Luisini Park. This remaining portion will remain under the management of the City. The reserve will still serve as a buffer to the future industrial uses. The reserve will retain its function to prevent access to Wanneroo Road from the adjacent developments.

Recommendation

That the issue is noted and support for the closure of a portion of the reserve still provides for a physical and visual barrier.

Issue 4

The proposal if supported would set a precedent for further reductions in POS.

Comment

The City should consider any proposal of this nature on its merits and in accordance with the provisions of the Town Planning and Development Act, Land Administration Act and other associated legislation. The majority of the buffer strip located south of reserve is already established as a 10 metre wide reserve. However, it should be noted that the adjoining landowners (Lot 258 on the corner of Prindiville Drive and Wanneroo Road) has indicated that they will be applying for a similar cancellation of the portion of reserve adjacent to their landholding. In this regard, the City has previously indicated that any future proposal will be considered on its merits and that a cancellation of that portion of the reserve will need to be cognisant of its prominent location.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 64

Recommendation

That the issue be dismissed.

Issue 5

There are enough car yards along Wanneroo Road.

Comment

It is not the City’s role to determine whether enough car yards exist along Wanneroo Road, rather this is a decision for the landowner to make based on market factors. Car yards are classified as Vehicle Sales/Hire Premises under DPS 2. DPS 2 identifies this use as a ‘P’ use, which is a use class that is permitted but which may be subject to any conditions that the Council may wish to impose in granting its approval. On this basis, the City cannot restrict the extent or number of car yards within the Service Industrial Zone.

Recommendation

That the issue be dismissed.

Adjoining Landowner Submission

The owner of the adjoining Lot 258, Prindiville Drive has made a submission supporting the proposal and suggests that (after many years of observation) the reserve is not being used for recreational purposes and should be cancelled. The submission further states that the reserve is isolated from other industrial uses, has poor accessibility and is located adjacent to two very busy roads (Wanneroo Road and Prindiville Drive), which is not conducive to recreational use. It was also suggested that the business uses that occur on the land provide valuable commercial services to the community and that it is not desirable to screen them from Wanneroo Road. It is suggested that the closed portion of the reserve should only be developed with landscaping, carparking and access roads (as shown on the concept plan) and that no structures should be established. The adjoining landowner has requested this restriction to ensure that their existing commercial exposure to Wanneroo Road is not compromised.

Comment

The suggested restrictions on the land to prevent structures (other than carparking, landscaping and access roads) are not generally supported. The amendment process does not facilitate conditional support and the implementation of such a restriction is best made though the development process, where proper consideration can be given to compliance with scheme provisions and detailed design issues. It should be noted that the applicant has promoted a concept plan that only depicts carparking, landscaping and accessways within the cancelled portion of the reserve. Although the concept plan does not have a statutory basis, it is an indication of the intended development of the land and is generally consistent with previous developments by AHG, located to the south of the application area.

Recommendation

That the submission is noted and the request to impose development restrictions be rejected.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 65

Wanneroo Business Association

The Wanneroo Business Association (WBA) has made a submission supporting the proposed cancellation of the reserve. The submission specified that the proposal would provide consistency with the presentation of vehicle dealerships already developed, north of Lancaster Road facing Wanneroo Road. It would also enhance the appearance of Wangara facing Wanneroo Road, prior to entry to Wangara, via Prindiville Drive. The affected area is rarely, if ever used by the public for any recreation or passive use. Its original intent as a buffer zone to industrial land in Wangara has long past and it serves no useful purpose today.

Should alternative POS in Wangara, west of Hartman Drive be sought, the WBA would favour development of the large carparking area in Finlay Place, east of WA Salvage.

Comment

These comments are generally supported. This proposal would promote the re-orientation of the uses towards Wanneroo Road (rather than backing on) and promote ownership of the adjacent reserve. It is desirable that a 10 metre wide strip be retained to ensure that no access can be contemplated to Wanneroo Road from the individual landholdings, to ensure a reasonable setback to these uses and to promote consistency with existing developments.

The WBA suggested a replacement area for POS acquisition and construction in Finlay Place, Wangara as depicted on the location plan (refer Attachment 1). It is considered premature to designate funds for a particular purpose at this time, however it is noted that should the cancellation of the reserve be approved then the funds would be held in trust and, pending approval from the Minister for Lands and the DPI, the proceeds could be used for capital improvements or acquisition of other reserves in the general locality.

Recommendation

That the submission be noted.

General

Under the DPI Section 20A Crown Reserve Guidelines, when a reserve is disposed of by a Local Government the revenue is to be placed in a Trust Fund for the acquisition of other open space, the rationalisation of existing reserves or the construction of capital improvements on existing reserves in the general locality. The reserve closure is approximately 4000m2 and the market value of the land will be determined by a valuer appointed by the DPI in due course.

The subject portion of the reserve is zoned Industrial under the Metropolitan Region Scheme (MRS) and as such the proposed rezoning to Service Industrial under DPS 2 is consistent with the MRS and the existing zoning of the adjacent landholdings. The portion of the reserve to be cancelled should be rezoned to the Service Industrial under the City’s DPS2, prior to the land being disposed of to the adjoining landowner.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 66

Statutory Compliance

The amendment process has complied with the requirements of the Town Planning Regulations 1967. The reserve cancellation process has followed the requirements of the DPI’s 20A Crown Reserve Guidelines.

Strategic Implications

Consideration of this scheme amendment is consistent with the goal of providing Healthy Communities under the City’s Strategic Plan and in particular, Strategy 2.2 of the Planning and Development Directorate Strategic Plan, which seeks to provide a cohesive system of integrated land use planning.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority.

Recommendation

That Council:-

1. Pursuant to Town Planning Regulation 17(2) ADOPTS, without modification, Amendment No. 56 to District Planning Scheme No.2 to rezone portion of Reserve 34670 Wanneroo Road from ‘Local Reserve – Parks and Recreation’ to ‘Service Industrial’.

2. Pursuant to Town Planning Regulations 22 and 25 (1) (g) AUTHORISES the affixing of the common seal to, and endorses the signing of, the amendment documentation.

3. FORWARDS the amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning and Infrastructure grant final approval to the amendment.

4. ENDORSES the comments made in this report regarding the submissions received on for inclusion in the schedule of submissions to be forwarded to the Western Australian Planning Commission and ADVISES the submitters of its decision.

5. AGREES to the cancellation of portion of Reserve No. 34670, Luisini Park, Wanneroo Road, Wangara, subject to the finalisation of Amendment No.56.

6. AUTHORISES the surrender of the Management Order over that portion of Reserve 34670 that will be amalgamated with Lots 2, 262, 263 and 264 Berriman Drive, Wangara.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 67

7. ACKNOWLEDGES payment will be required to the State of Western Australia of an amount equal to five per cent of the value of the portion of Reserve No. 34670 as determined by the Valuers General’s Office plus documentation and registration fees in exchange for a certificate of title in the name of the City of Wanneroo.

8. AUTHORISES negotiations with the owners of Lots 2, 262, 263 and 264 Berriman Drive, Wangara for the disposal of part of Reserve 34670 by private treaty.

9. WRITES to Automotive Holdings Group Pty Ltd seeking confirmation of its commitment to maintain the remaining portion of Reserve 34670 abutting its property to the satisfaction of the City of Wanneroo.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 68 ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 69

ATTACHMENT 2

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 70

ATTACHMENT 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 71

PD06-09/05 Review of Cell Cost Estimates for East Wanneroo Cells 1 To 8

File Ref: SP/0002V01, SP/0003V01, SP/0004V01, SP0005V01, SP/0006V01, SP/0007V01, SP/0008V01 & SP/0009/V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachment(s): 1

Issue

To consider revising the cell cost estimates for East Wanneroo Cells 1 to 8 inclusive under Part 10 of the City’s District Planning Scheme No.2 (DPS2).

Background

Part 10 of DPS2 sets out the Developer Contribution Arrangements for each of the eight East Wanneroo Cells. The developer contributions are used to fund the Cell Works specified in Schedule 9 of DPS2. The Cell Works include the acquisition of land for public open space and regional roads, the construction of regional roads and management and funding costs. The location of the East Wanneroo Cells is shown on Attachment 1.

Council has previously adopted cell cost estimates for each of the East Wanneroo Cells. DPS2 provides for the regular review, at least annually, of those estimates. The last review was adopted by Council at its meeting held on 14 December 2004 (Item PD09-12/04).

Detail

The target lot yield (TLY) used for the initial apportionment of the cell cost estimates as provided for in Clause 10.6.2 of DPS2 is nine lots per hectare for the residential cells, being Cells 1 to 6 inclusive. The cost apportionment in the Industrial Cells 7 and 8 is calculated on the developable area of the new lots created (i.e. per square metre). The Agreed Structure Plan for each Cell has been examined to determine if any amendments are appropriate. The analysis suggests the lot yield elements in Cells 1 to 6 and developable area in Cell 7 should not be modified, however the timing for lot production throughout the Cells, based on current and projected trends has been revised where appropriate. The developable area in Cell 8 should be modified to reflect recent approvals and the constraints within the Cell.

The estimated lots remaining to be produced at the TLY of nine lots per hectare in Cells 1 to 6, and the target developable area in Cells 7 & 8, are as follows: The lots remaining at December 2004 are shown for comparison purposes.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 72

CURRENT DECEMBER 2004 Cell 1 1057 lots 1614 Cell 2 1512 lots 1548 Cell 3 46 lots 46 Cell 4 1714 lots 1896 Cell 5 1035 lots 1111 Cell 6 1906 lots 2510 Cell 7 53.4223 hectares . 86.3181 Cell 8 118.2999 hectares 189.8480

Since the last review there has been considerable activity by the private sector in purchasing and developing land for residential and industrial subdivision throughout the cells.

The value estimates to be applied to the Cell Work land on a broad hectare englobo basis has been derived by taking evidence of recent broad hectare land sales throughout each of the Cells. The per hectare values recommended for each of the Cells are as follows: The value per hectare adopted by Council on 14 December 2004 are shown for comparison purposes.

CURRENT DECEMBER 2004 Cell 1 - Ashby-Tapping $570,000 $500,000 Cell 2 - Sinagra $560,000 $475,000 Cell 4 - Hocking-Pearsall $690,000 $570,000 Cell 5 - Landsdale $750,000 $600,000 Cell 6 - Madeley-Darch $850,000 $675,000 Cell 7 -Wangara (West) $700,000 $385,000 Cell 8 - Wangara (East) $550,000 $320,000

A 10% Solatium is also applied to future acquisitions in the costings, however solatium does not apply to the existing Crown Reserves (historic POS areas) in Cells 1, 3, 5 and 6 that were created several years ago by the subdivision of some of the landholdings in the Cells. The current owners of those subdivided lots are entitled to a credit under Part 10 of DPS2 for the portion of that public open space that their land is deemed to have contributed, payable at the time the owners subdivide or develop the land.

All of the land required for Cell Works in Cell 3 (Wanneroo), other than road widening on the north side of Dundebar Road has been acquired. The properties from which the road widening is to be acquired are zoned Rural and the valuation will probably be assessed on a “before and after basis”, but may include some consequential losses component. A value of $275,000 per hectare (formerly $260,000) is considered appropriate.

The costs applicable to all of the arterial road construction estimates, including earthworks and drainage facilities, have been revised to account for movement in the costs of materials, works, and where appropriate, modifications to road alignments and design standards.

The changes made to the projected lot production, land values and construction costs all impact on the cash flows and funding requirements for the Cells, therefore interest charges have been adjusted accordingly. The overall changes result in the following Nett Cell Costs for the remaining Cell Works in each of the Cells. The Nett Cell costs represent the Gross Cell Costs less the Infrastructure Contributions received and the Cell Works that have been settled or completed. The Nett Cell Costs adopted by Council at its meeting held on 14 Decemebr 2004 arE shown for comparison purposes.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 73

CURRENT DECEMBER 2004 Cell 1 $14,550,935 $17,224,722 Cell 2 $21,104,975 $16,870,617 Cell 3 $ 483,504 $ 460,566 Cell 4 $24,717,123 $23,688,251 Cell 5 $16,192,730 $13,041,871 Cell 6 $31,589,753 $38,071,102 Cell 7 $ 5,500,088 $ 5,311,201 Cell 8 $20,289,198 $16,574,783

Consultation

DPS2 requires any revised Cell Cost Estimates to be publicly notified by way of a newspaper advertisement, allowing a 42 days period for the lodging of objections.

Statutory Compliance

DPS2 requires Council to review all Cell Cost Estimates on at least an annual basis and in any event prior to the commencement of each new financial year. When reviewing the Cell Costs, Council is to review the estimated lot yield for a Cell and the Infrastructure Cost per lot having regard for the actual lots produced, the remaining Cell Works, any amendments to the Cell Local Structure Plan and any other factors that Council considers relevant. These matters have been considered in relation to each Cell and incorporated in the current review where changes have occurred.

Strategic Implications

The revision of the Cell Cost Estimates will ensure that sufficient funds are available to achieve the Cell Works in each Cell. This is consistent with the Healthy Communities Goal of the City’s Strategic Plan, which seeks to provide and maintain infrastructure to meet the needs of our community.

Policy Implications

Nil

Financial Implications

The revision of the Cell Cost Estimates will set the new Infrastructure Cost per lot that will be needed to cover the estimated cost of achieving the Cell Works.

Voting Requirements

Simple Majority.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 74

Recommendation

That Council:-

1. ADOPTS a revised figure of $14,550,935 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 1.

2. ADOPTS a revised figure of $21,104,975 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 2.

3. ADOPTS a revised figure of $483,504 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 3.

4. ADOPTS a revised figure of $24,717,123 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 4.

5. ADOPTS a revised figure of $16,192,730 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 5.

6. ADOPTS a revised figure of $31,589,753 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 6.

7. ADOPTS a revised figure of $5,500,088 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 7.

8. ADOPTS a revised figure of $20,289,198 as the current Nett Cell Costs applicable to East Wanneroo Cell No. 8.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 75

ATTACHMENT 1

5

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 76

Development Applications

PD07-09/05 Child Care Centre - Lot 1601 (10) Hughie Edwards Drive, Merriwa

File Ref: P21/0057V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments: 2

Issue

To consider an application for a Child Care Centre on Lot 1601 (10) Hughie Edwards Drive, Merriwa.

Applicant Stonewall Construction Owner Chisholm Holdings Pty Ltd Location Lot 1601 (10) Hughie Edwards Drive, Merriwa Site Area 6,251 m2 DPS 2 Zoning Business MRS Zoning Urban Permissibility D Attachments 2

Background

This report was deferred from the Ordinary Meeting of Council held on Tuesday 30 August 2005 (PD09-08/05 refers). At this meeting Elected Members raised concerns over the possible traffic impacts another child care centre within this vicinity may have upon the adjacent road system and the consequential amenity impacts as a result.

On 13 July 2005, the City approved a Recreation Centre and two Showroom/Warehouses on the western portion of the lot with an area of 2,333 m2 (DA05/0385). The applicant is now seeking to develop the remainder of the site as a Child Care Centre (refer Attachment 1).

Detail

Proposal

The application is for a Child Care Centre comprising a building with five activity rooms for various age groups, outdoor play areas, twenty nine car parking bays and associated landscaping on a 3,918 square metre portion of the site. The proposed child care centre also has facilities such as a kitchen, staff room, change room, laundry, store room, sick room, resource room and reception area (refer Attachment 2).

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 77

The proposed child care centre is located on the corner of Hughie Edwards Drive and Dalvik Avenue with principle vehicle and pedestrian access provided off Hughie Edwards Drive. The centre will cater for 92 children and 15 staff, and will operate from 6.30am to 6.30pm Monday to Saturday.

Consultation

The application was advertised in accordance with Clause 6.6.2 of the City’s District Planning Scheme No. 2 (DPS2) by way of a sign on site for 21 days. At the conclusion of the advertising period no submissions had been received. The applicant has provided letters of support from owners of properties within the vicinity of the subject land.

Compliance

The application was assessed against the provisions of the City’s District Planning Scheme No. 2 and the Child Care Centres Policy. Copies of this policy are available for Elected Members in the Elected Members’ Reading Room and hard copies have previously been circulated to all Elected Members. The public and Elected Members can also access this policy on the City’s internet site.

The lot area is 6,251 square metres and the proposed child care centre will occupy a 3,918 square metre portion on the eastern side of the lot. This portion is currently vacant. The lot is zoned “Business” and the proposed development is a “D” discretionary use within this zone.

The development’s compliance with the Scheme and Child Care Centres Policy requirements are summarised as follows:

Development Standard Statutory Requirement Proposed Setbacks Front (Hughie Edwards 6m 23m Drive) 3m 8.5m Side (Dalvik Avenue) 1.5m 4m Side (east) 1.5m 16.5m Rear (south) Open Space Landscaping Strip 3m 3m Overall 8% 9% Number of car bays 27 (92 children (12 bays) & 29 15 staff (1 bay per staff member))

Comment

The application complies with the Scheme and Policy requirements. The application has been assessed against the City’s Child Care Centres Policy and the following is applicable:

Road Hierarchy

The proposed child care centre is located on the corner of Hughie Edwards Drive and Dalvik Avenue. The City’s Child Care Centres Policy states that child care centres should be located on Local Distributor Roads.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 78

The proposed location complies as Hughie Edwards Drive is a Local Distributor Road which is classified to carry up to 6,000 vehicles per day in accordance with the WAPC Liveable Neighbourhoods Guidelines. Practically, the road pavement has a capacity of 10,800 vehicles per day when calculated in accordance with the Austroads Guide to Traffic Engineering Practice – Roadway Capacity.

The City’s latest traffic counts (March 2003) for this road indicated the traffic flow was at 1,400 vehicles per day which suggests there is significant spare capacity.

Neighbouring Uses

The City’s Child Care Centres Policy states that it is preferred that Child Care Centres be located adjacent to non-residential uses wherever possible to minimise the impact on residential areas. The proposed child care centre is located on a “Business” zoned lot adjacent to an approved recreation centre and two showrooms. The proposed child care centre is located opposite an existing child care centre on a “Commercial” zoned lot at 1769 (16) Hughie Edwards Drive. The rear of the site backs onto existing single residential lots with established dwellings. However, a setback of some 6.0 metres is provided as a buffer to the residential area from the play areas.

Amenity

The City’s Policy refers to Child Care Centres may potentially generate a level of noise that adjacent landowners may perceive as a nuisance. Given that all the outdoor play areas are located on the rear boundary which abuts residential development an acoustic consultants report is required detailing how activities and plant (mechanical) equipment will comply with the Environmental Protection (Noise) Regulations 1997. The location of the play areas are on the residential side of the building. However, the applicant has provided a 6.0metre buffer to this boundary.

Statutory Compliance

The application complies with the statutory requirements of the Scheme and the City’s Child Care Centres Policy.

Strategic Implications

Consideration of the Child Care Centre is consistent with Goal 2 of the City’s Strategic Plan, which seeks to foster an identity that promotes lifestyle choice and the provision of quality services and infrastructure.

Policy Implications

The application is consistent with the City’s Child Care Centres Policy.

Financial Implications

Nil

Voting Requirements

Simple Majority

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 79

Recommendation

That Council APPROVES a Child Care Centre on Lot 1601 (10) Hughie Edwards Drive, Merriwa in accordance with the plans attached to and forming part of this report and subject to the following conditions:-

1. A sign being placed on site within fourteen days of the date of this approval, stating that approval has been granted; such sign to remain until the development is completed.

2. A maximum of 92 children and 15 staff are permitted within the premises at any one time.

3. A minimum of 27 on-site car parking bays being provided including a carbay for persons with disabilities to the satisfaction of the Manager Approvals Services.

4. A disabled parking bay shall be provided with a minimum width of 3.8 metres.

5. The lodging of detailed landscape plans at the time of lodging a building licence application (including the treatment of the 6.0 metre wide buffer area to residential properties to the southern boundary) to the satisfaction of the Manager Development & Health Services, for the development site and the adjoining road verge(s) with the Building Licence Application.

6. Landscaping and reticulation to be established in accordance with the approved plans prior to the development first being occupied and thereafter maintained to the satisfaction of the Manager Development & Health Services.

7. The car parking area shall be provided with one shade tree for every four 4 bays prior to the development first being occupied. The trees shall be located within tree wells protected from damage by vehicles and maintained to the satisfaction of the Manager Development & Health Services.

8. Any roof mounted or freestanding plant or equipment, such as air conditioning units, to be located and/or screened so as not to be visible from beyond the boundaries of the development site.

9. All fencing shall be installed in accordance with the City's Local Laws prior to the occupation of the building.

10. Retaining walls are to be provided where the angle of natural repose of the soil cannot be maintained. Drawn details, signed by a practising Structural Engineer, must be submitted for approval.

11. The parking bay/s, driveway/s and points of ingress and egress to be designed in accordance with the Australian Standard for Off street Carparking (AS2890) unless otherwise specified by this approval. Such areas are to be constructed, drained, marked and thereafter maintained to the satisfaction of the Manager Development & Health Services prior to the development first being occupied.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 80

12. An onsite stormwater drainage system with the capacity to contain a 1:100 year storm of a 24-hour duration is to be provided prior to the development first being occupied and thereafter maintained to the satisfaction of the Manager Development & Health Services. The proposed stormwater drainage system is required to be shown on the Building Licence submission and be approved by the City/Shire prior to the commencement of construction.

13. The submission of an acoustic consultant's report at the time of submitting a building licence application demonstrating to the satisfaction of the Manager Development & Health Services that the proposed development is capable of containing all noise emissions in accordance with the Environmental Protection Act 1996.

14. A separate application for signs being submitted for approval by the City. Signs must be approved and licensed by the City prior to being erected (enclosed are copies of an ‘Application for Approval to Commence Development’ and 'Application for a Licence To Erect A Sign').

FOOTNOTE:

1. On completion of the installation of any Mechanical Services, the applicant /builder shall provide a Mechanical Services Plan signed by a suitably qualified Mechanical Services Engineering or Air Conditioning Contractor. It shall certify that the mechanical ventilation of the development complies with and is installed in accordance with Australian Standard 1668.2, AS 3666 and the Health (Air Handling and Water Systems) Regulations 1994.

2. Applicant/Owner is advised that, there is an obligation to design and construct the premises in compliance with the requirements of the Environmental Protection Act 1986.

3. Applicant/Owner shall submit plans and specifications to the Water Corporation of Western Australia for approval.

4. Development shall comply with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971.

5. Applicant shall comply with all requirements of the Health (Food Hygiene) Regulations 1993.

6. Applicant/Owner shall submit plans and specifications to the Department of Environmental Protection for comment.

7. Applicant/Owner shall submit plans and specifications to Family and Children's Services for approval.

8. Applicant is to comply with the requirements of Worksafe Western Australia in the carrying out of any works associated with this approval.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 81

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 82

ATTACHMENT 2 Page 1 of 3

N

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 83

ATTACHMENT 2 Page 2 of 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 84

ATTACHMENT 2 Page 3 of 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 85

Sub-Division Applications

PD08-09/05 Proposed Rural Subdivision - Lots 6 and 7 (94 and 108) Safari Place, Carabooda

File Ref: SD128215V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments: 2

Issue

To consider a proposed rural subdivision of Lots 6 and 7 (94 and 108) Safari Place, Carabooda into 4 lots.

Applicant John A Higham Consulting Surveyor Owner V T Le & T N Huynh Location Safari Place, Carabooda Site Area 40.5217 hectares (ha) DPS 2 Zoning Rural Resource

Background

The Western Australian Planning Commission (WAPC) has referred the subject application to the City for comment.

Lot sizes in this locality are predominately 20 hectares in area, with the exception of a site to the immediate north which was subdivided in the 1990’s into five lots ranging in size from three to ten hectares (refer Attachment 1). The area is predominantly used for intensive agricultural pursuits.

Subdivision applications are generally assessed under the City’s delegated authority to ensure a timely and efficient response. However, this application has been referred to Council for determination, as it requires special consideration of the City’s Rural Subdivision Policy.

Detail

The subject lots have been cleared of all native vegetation and currently contain market garden activities (primarily the growing of tomatoes). Lot 7 contains a dwelling, a number of sheds and an incidental office use. Lot 6 contains two dwellings (recently approved by the City). The proposal is to subdivide the property into four lots of 8.0641ha, 8.0426ha and 8.7789ha and 15.6476ha (refer Attachment 2).

Under the City’s current Rural Subdivision Policy, the subject lot falls within an area where subdivision below 20 hectares should not be supported because it would undermine the objectives of the Rural Resource zone as prescribed in District Planning Scheme No.2 (DPS2). The relevant provisions are as follows:

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 86

Protect from incompatible uses or subdivision intensive agriculture, horticultural and animal husbandry areas with the best prospects for continued or expanded use.

Protect from incompatible uses or subdivision basic raw materials priority areas and basic raw material extraction areas.

In special circumstances, the policy provides the ability to consider lot sizes smaller than 20 hectares, to a minimum of 8 hectares, provided the applicant could demonstrate that the proposed lot size does not undermine the objectives of the Rural Resource zone.

The applicant has provided justification in relation to the objectives of the Rural Resource zone in the DPS2 for the proposed subdivision. The applicant suggests:

 The owners can demonstrate that to date they have established the land in question to be productive in the specialised produce of tomatoes. The intensive use of the land is at the highest end of the land use scale.

 They have ensured that the singular usage of the land appropriate from the very necessary supporting infrastructure is designed to up hold the objectives of the rural resource zone.

 It can also be shown that the basic raw materials below ground such as limestone are some 30 metres below the surface and then may not be of any commercial quality or advantage (details derived from drill hole data provided by the Department of Industry and Resources).

 The subdivision has been designed in such a manner as to accommodate the existing land use and allow for the additional homes required to exist at the Safari Place end of each of the lots and so minimising the impact on the extensive agricultural and planting pattern regime.

Consultation

Under the provisions of the Town Planning and Development Act 1928, as a referral agency, the City is required to make comments to the WAPC within a 42-day period. The Act does not make provision for public consultation on subdivision applications.

Comment

The following matters are noted in regard to this application:

Lot Sizes

Whilst the predominant lot size in this locality is 20 hectares, there are five lots located on the northern boundary of Lot 7 that range in size from three to ten hectares. These lot sizes are the result of a subdivision application (WAPC 88222), which was considered in the early 1990’s and not supported by the City and refused by the Western Australian Planning Commission. The proposal was subsequently upheld on appeal by the then Minister for Planning on compassionate grounds.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 87

In this regard, it should be noted that the application was considered under the City’s previous ‘Rural Subdivision Policy’ policy, which predates the Interim Local Rural Strategy dated July 2000 and the associated ‘Subdivision of Rural Land’ policy, although the 20 hectare lot size criteria was still in force.

It should be noted, that of the five (5) adjacent lots that are below 20 hectares, only one (1) is currently operating as a market garden use (Lot 32 Safari Place). However, this lot is located directly adjoining the application area and is owned by the applicant, thereby benefiting from the market garden infrastructure on that land, including labour, equipment, chemicals and other associated benefits of economies of scale. The other four lots do not operate for horticulture purposes and are generally classified as rural/residential use. It should also be noted that of thirteen (13) other rural landholdings in this locality over twenty (20) hectares, only one is not operating for horticultural/propagation purposes, indicating a very high viability for horticulture at 20 hectares and a low viability at a lesser size.

The proposed subdivision has been designed with a frontage ranging from 62 metres to 89.2metres and depth of approximately 100 metres. Whilst there is no minimum width requirement for rural land holdholdings, the proposed lot design is considered to be narrow and could potentially compromise its viability for longer-term horticulture and propagation use, particularly when infrastructure such as access, storage, fire breaks and planting rows are considered.

Water Allocation

Water availability on the properties is important for the viability of the rural land uses and ultimately to meet the objectives of the DPS2 for the Rural Resource zone.

The property currently contains a market garden (tomatoes) and an adequate water licence exists for that use. The Department of Environment (DOE) has advised that no new applications for a water license would be considered and trading of water allocations between properties that is in close proximity to a sensitive environmental area would not be supported. However, it should be noted that the DOE could support the transferring of the water licences between owners due to a subdivision/sale of the land.

East Wanneroo Land Use and Water Management Strategy (EWLUWMS)

In 2002, the Hon Minister for Planning and Infrastructure requested the preparation of the East Wanneroo Land Use and Water Management Strategy (EWLUWMS). The Strategy is to provide guidelines of existing and future development, subdivision, land use and zoning, private and public water allocation and groundwater source protection, the protection of significant rural agricultural lands for continuing agricultural production and the protection of significant environmental values in the East Wanneroo area.

To date a discussion paper on the EWLUWMS has undergone a preliminary consultation period, wherein three land use scenario options were considered for the study area. The Department for Planning and Infrastructure is currently considering the submissions received and is finalising the land use option that will form the basis of a draft Strategy for community consultation. It is currently expected that community consultation on the revised draft Strategy will commence in the near future. Until such time as the EWLUWMS has been finalised, the recommendations of the City’s Rural Subdivision Policy should be used when assessing subdivision applications in this locality.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 88

Conclusion

The subdivision would prejudice the objectives of the Rural Resource zone, which seeks to facilitate the continued or expanded use of intensive agricultural, horticultural and animal husbandry areas. The applicant has not demonstrated that smaller lot sizes in this location would be appropriate or would not compromise the viability of the priority uses, and in fact experience has shown that smaller lot sizes have tended to be used for rural/residential purposes over time and have increased land use conflicts. This potential for land use conflicts is of particular concern in this case given the narrow configuration of the proposed lots. There is a current water allocation for the existing lots, which provide them with an ability to be used for rural purposes without further fragmentation. This subdivision would only tend to intensify development in the area and serve to prejudice the objectives of the Rural Resource zone.

On the basis of the above, this proposal does not warrant consideration as a special case under the City’s Rural Subdivision policy.

Statutory Compliance

Under Section 24(2) of the Town Planning and Development Act 1928, the City is required to forward its comments to the WAPC within 42-days of receiving the referral. The application was received on 4 May 2005, however further advice was requested from the applicant to justify the proposed subdivision. To comply with the WAPC’s 42-day referral period, the City has advised the WAPC of its request for additional justification for the proposed subdivision and requested the WAPC’s deferral of the application pending the submission of the additional information by the applicant. This information has only recently been submitted to the City to allow its assessment of the application to be completed.

Strategic Implications

Nil

Policy Implications

Under the City’s current Rural Subdivision Policy, this lot falls within an area where subdivision below 20 hectares should not be supported because it would undermine the Rural Resource zone objectives of District Planning Scheme No.2 (DPS2).

Financial Implications

Nil

Voting Requirements

Simple Majority.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 89

Recommendation

That Council does NOT SUPPORT the application submitted by JA Higham on behalf of VT Le and TN Huynh for the subdivision of Lots 6 and 7 Safari Place, Carabooda as depicted on the plan dated 26 April 2005 (WAPC 128215) for the following reasons:

1. The application is inconsistent with Council’s Subdivision of Rural Zoned Land Policy, which specifies a minimum lot size of 20 hectares in this locality;

2. The proposed lots would be inconsistent with the prevailing lot sizes in the general area;

3. The applicant has not adequately demonstrated that the Rural Resource zone objectives set out in the City’s District Planning Scheme No. 2 would not be detrimentally affected by the proposal.

4. Approval for the subdivision may create an undesirable precedent for the further subdivision of other lots of a similar size in the Rural Resource zone.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 90

ATTACHMENT 1

N 8.1ha

8.1ha SUBJECT 20.18ha 20.18ha 20.19ha LOTS 3ha

3ha 16.19ha 10.3ha 4ha 3ha

20ha 2ha 6.38ha 3ha 6ha 2ha

Road

21.29ha 20.32ha 20.32ha 6ha 6.3ha 4.05ha 12ha

Bailey

13ha 4ha 2ha 2ha 2ha 10.8ha

2ha 4.2ha

2.4ha

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 91

ATTACHMENT 2

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 92

Delegated Authority Reports

PD09-09/05 Development Applications Determined by Delegated Authority for August 2005

File Ref: S09/0009v01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments: 1

Issue

Development Applications determined by Development and Health Services between 1 August 2005 and 31 August 2005, acting under Delegated Authority from Council.

Background

Nil

Detail

The City of Wanneroo District Planning Scheme 2 (DPS2) provides Council with development approval powers which are designed to avoid conflict between different land uses on adjoining lots. It is also necessary to ensure the completed developments meet the required standards such as building setbacks, carparking and landscaping. Planning approvals are not generally required for single residential houses unless they seek to vary the requirements of the Residential Design Codes (RD Codes.)

The City of Wanneroo continues to experience very rapid growth pressures. Since the commencement of 2005, the City has received over 83 development applications on average per month in addition to an average of over 685 building license applications.

Council has delegated some of its responsibilities for decision making on development applications to certain officers in Administration which enables the processing of applications within the required 60 day statutory period and within normal customer expectations.

The Administration, in assessing development proposals, attempts to extract from the relevant planning documents the key policies and requirements of Council in order to make comments and recommendations on the issues raised in the assessment of each individual development application.

Development applications determined by Development & Health Services between 1 August 2005 and 31 August 2005, acting under Delegated Authority from Council are included in the attached Schedule 1.

Consultation

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 93

Comment

Nil

Statutory Compliance

A Delegated Authority Register was adopted by Council at its meeting on 31 August 2004 (item CE06-08/04 refers). The decisions referred to in schedule 1 of this report are in accordance with this register.

Strategic Implications

This report is consistent with the corporate management and development goal of the City’s Strategic Plan, which seeks to establish an organisation that is open, accountable and committed to customer services.

Policy Implications

Nil

Financial Implications

Planning applications incur administration fees which are generally based on the Town Planning (Local Government Planning Fees) Regulations and have been adopted by Council in its annual budget. The estimated cost of development for each application is listed in schedule 1. Applications where an estimated cost has not been provided, are either applications for the exercising of discretion or for a change of use.

Voting Requirements

Simple Majority.

Recommendation

That Council NOTES the determinations made by Development and Health Services acting under delegated authority from Council on development applications processed between 1 August 2005 and 31 August 2005.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 94

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0598 12/08/2005 ALVARO M FONTANA & CATHERINE R FONTANA 6 $8,000.00 Approved Prop address 42 GIBBS ROAD NOWERGUP WA 6032 Land Lot 4 D 13625 Vol 1104 Fol 700 Description SINGLE HOUSE - SHED ADDITION Applicants AM FONTANA File Number P24/0036V01 DA05/0485 05/07/2005 SABASTION FORWARD & SUZANNE N FORWARD 41 $3,000.00 Approved Prop address 28 LALINA WAY WANNEROO WA 6065 Land Lot 21 P 11068 Vol 1396 Fol 0679 Description MAST AND ANTENNAE - SATELLITE DISH ADDITION Applicants S FORWARD, SN FORWARD File Number P34/2299V01 DA05/0532 19/07/2005 GIUSEPPE A SCUTTI & PAOLA SCUTTI 10 $45,000.00 Approved Prop address 61 ASHBY STREET WANNEROO WA 6065 Land Lot 15 D 24820 Vol 1256 Fol 842 Description INTENSIVE AGRICULTURE - HOTHOUSE ADDITION Applicants GA SCUTTI File Number P34/0143v01 DA05/0366 24/05/2005 STATE HOUSING COMMISSION 38 $1,445,000.00 Approved Prop address 18 WILLESPIE DRIVE PEARSALL WA 6065 Land Part Lot 4 D 9065 Vol 1458 Fol 746 Description AGED OR DEPENDENT PERSONS' DWELLING - 12 UNITS Applicants PAUL MESCHIATI & ASSOCIATES File Number P25/0535V01 DA05/0318 02/05/2005 MITCHELL IPSEN & STEWART IPSEN 61 $8,500.00 Refused Prop address 208 GNANGARA ROAD LANDSDALE WA 6065 Land Lot 103 D 69665 Vol 1726 Fol 578 Description OPEN AIR DISPLAY - PATIO ADDITIONS X 3 Applicants OASIS PATIOS File Number P17/0570V01 DA05/0521 13/07/2005 ADRIAN M LIPPI, CHRISTOPHER B LIPPI, MARK A 33 $210,000.00 Approved Prop address 41 KNIGHT ROAD GNANGARA WA 6065 Land Lot 17 P 8480 Vol 1328 Fol 710 Description SINGLE HOUSE & SHED ADDITION Applicants CB LIPPI File Number P12/0129V01 DA05/0290 26/04/2005 DIANNE P JURCEVIC & LUKA M JURCEVIC 72 $400,000.00 Approved Prop address 82 KINSALE DRIVE MINDARIE WA 6030 Land Lot 307 P 16652 Vol 1934 Fol 383 Description GROUPED DWELLING - SECOND DWELLING AND ADDITIONS TO EXISTING DWELLING Applicants DANIEL CASSETTAI DESIGN File Number P22/0262V01 DA05/0181 16/03/2005 ELIZABETH TODD & BRUCE C STEWART 11 $4,000.00 Approved Prop address 41 CANNA PLACE WANNEROO WA 6065 Land Lot 116 P 12916 Vol 1543 Fol 706 Description SINGLE HOUSE - PATIO ADDITION Applicants J & E INDUSTRIES File Number P34/1450V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 95

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0450 22/06/2005 LEONIE M CROFT, WALTER H CROFT, BENJAMIN 25 $11,000.00 Approved Prop address 12 LANCASTER ROAD WANGARA WA 6065 Land Lot 122 P 21718 Vol 2093 Fol 632 Description VEHICLE SALES/ HIRE PREMISES - ADDITIONAL VEHICLE DISPLAY AREA AND Applicants WH CROFT File Number P33/0402V01 DA05/0309 29/04/2005 CARLOTTA INVESTMENTS PTY LTD 73 $20,000.00 Approved Prop address 348 GIBBS ROAD NOWERGUP WA 6032 Land Lot 12 D 39500 Vol 386 Fol 184A Description USE NOT LISTED - SHED FOR SOIL CONDITIONING Applicants R ANDERSON File Number P24/0025V01 DA05/0403 07/06/2005 JOSEPH P HEALY, MARY J HEALY, MICHAEL J 56 $4,257.00 Approved Prop address SERVICE STATION 2624 WANNEROO ROAD NOWERGUP WA 6032 Land Lot 1 D 45509 Vol 1501 Fol 999 Description SERVICE STATION - PATIO ADDITION Applicants HERITAGE OUTDOOR LEISURE CENTRE File Number P24/0011V01 DA05/0505 11/07/2005 FOON M TAN & ALLEN L TAN 26 $7,500.00 Approved Prop address 280 BERNARD ROAD CARABOODA WA 6033 Land Lot 3 D 66065 Vol 1683 Fol 258 Description SINGLE HOUSE - SECOND PATIO ADDITION Applicants FM TAN File Number P06/0051V01 DA05/0507 08/07/2005 CITY OF WANNEROO 2 $0.00 Approved Prop address MATERIAL RECOVERY FACILITY 70 MOTIVATION DRIVE WANGARA WA 6065 Land Lot 15 D 16710 Vol 1164 Fol 564 Description USE NOT LISTED - GREENWASTE FACILITY - TEMPORARY STORAGE SAWDUST Applicants DRESCHER & ASSOCIATES File Number P33/0097V01 DA05/0502 07/07/2005 CHRISTOPHER J WADDELL 31 $9,500.00 Approved Prop address 180 KAROBORUP ROAD CARABOODA WA 6033 Land Lot 5 D 69509 Vol 1723 Fol 935 Description INTENSIVE AGRICULTURE - OLIVE GROVE (400 TREES) & STORAGE SHED Applicants CJ WADDELL File Number P06/0008V01 DA05/0490 06/07/2005 GAMBETTA HOLDINGS PTY LTD 20 $47,500.00 Approved Prop address 26 DELLAMARTA ROAD WANGARA WA 6065 Land Lot 321 P 11775 Vol 1452 Fol 0301 Description SERVICE INDUSTRIAL - RETAINING WALL ADDITION Applicants PG BARTLETT File Number P33/0025V01 DA05/0383 30/05/2005 ANTONINO CHISARI & GIUSEPINA CHISARI 31 $0.00 Approved Prop address PEARSALL BUSINESS CENTRE 8 VILLANOVA STREET WANNEROO WA 6065 Land Lot 20 D 42097 Vol 1383 Fol 442 Description CHANGE OF USE TO SHOWROOM/WAREHOUSE TO PLACE OF WORSHIP Applicants GR LANGDON File Number P34/0277

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 96

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0588 11/08/2005 JOHN P LANYI & SHELLEE N LANYI 12 $3,400.00 Approved Prop address 5/41 GOLDERS WAY GIRRAWHEEN WA 6064 Land Lot 2 Vol 2543 Fol 702 S/P 43723 Description GROUPED DWELLING - PATIO ADDITION Applicants QUALITY PATIOS & CARPORTS File Number P11/0311V01 DA05/0576 09/08/2005 ROSS A MACBRIDE 7 $3,000.00 Approved Prop address 4C CONNELL WAY GIRRAWHEEN WA 6064 Land Lot 7 Vol 1965 Fol 869 S/P 24554 Description GROUPED DWELLING - PATIO ADDITION (UNIT 4C) Applicants OUTDOOR WORLD File Number P11/1322V01 DA05/0567 03/08/2005 GEORGE A SMITH & LUIZA J SMITH 8 $2,500.00 Approved Prop address JACARANDA 12/18 BUTTERICK PLACE GIRRAWHEEN WA 6064 Land Lot 12 Vol 2202 Fol 436 S/P 38772 Description GROUPED DWELLING - PATIO ADDITION (UNIT 12) Applicants GA SMITH File Number p11/0362v01 DA05/0430 15/06/2005 JOHN MOOMRE AND THE PRINDIVILLE TRUST AND 40 $2,000.00 Approved Prop address 23 PRINDIVILLE DRIVE WANGARA WA 6065 Land Lot 254 P 11775 Vol 1633 Fol 677 Description VEHICLE SALES/ HIRE PREMISES - ADDITIONAL VEHICLE DISPLAY AREA Applicants J MOORE File Number P33/0344V01 DA05/0594 12/08/2005 JOHN E NEAVE & MARY C NEAVE 11 $11,354.00 Approved Prop address 312 OLD YANCHEP ROAD CARABOODA WA 6033 Land Lot 501 D 69245 Vol 1729 Fol 551 Description INTENSIVE AGRICULTURE - SHED ADDITION Applicants WA SHED COMPANY File Number P06/0078V01 DA05/0553 27/07/2005 BRONWYN R CARRUTHERS & WILLIAM M 16 $120,000.00 Approved Prop address 41 COLONIAL CIRCLE GNANGARA WA 6065 Land Lot 214 P 17238 Vol 1858 Fol 819 Description SINGLE HOUSE - 2 BEDROOMS, KITCHEN, LOUNGE AND BATHROOM ADDITIONS Applicants P MILTON File Number P12/0241V01 DA05/0508 11/07/2005 VALENZA PTY LTD & TUSSON PTY LTD 16 $0.00 Approved Prop address WANGARA CENTRE 2/34 PRINDIVILLE DRIVE WANGARA WA 6065 Land Lot 2 Vol 1886 Fol 144 S/P 20230 Description CHANGE OF USE - SHOWROOM TO LIQUOR STORE Applicants MANSIZE INVESTMENTS PTY LTD File Number P33/0221V01 DA05/0583 12/08/2005 NICU MANDROC & RODICA MANDROC 11 $2,100.00 Approved Prop address 4/71 TENDRING WAY GIRRAWHEEN WA 6064 Land Lot 4 Vol 2531 Fol 293 S/P 42826 Description GROUPED DWELLING - PATIO ADDITION Applicants N MANDROC, R MANDROC File Number P11/0338V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 97

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0438 17/06/2005 JEANETTE GORDON & JOHN E GORDON 38 $3,000.00 Approved Prop address 202 BADGERUP ROAD GNANGARA WA 6065 Land Lot 39 P 18318 Vol 1925 Fol 084 Description SINGLE HOUSE - GARAGE EXTENSION Applicants JE GORDON File Number P12/0066V01 DA05/0591 12/08/2005 MIRA RADOS & IVAN RADOS 4 $6,000.00 Approved Prop address 15 HERITAGE TERRACE GNANGARA WA 6065 Land Lot 278 P 18490 Vol 1941 Fol 193 Description SINGLE HOUSE - SECOND PATIO ADDITION Applicants OUTDOOR WORLD File Number P12/0112V01 DA05/0550 27/07/2005 AARON M RAISSIS, JENNY RAISSIS, LEE M RAISSIS, 16 $81,819.00 Approved Prop address (service road access) 1974 WANNEROO ROAD NEERABUP WA 6031 Land Lot 51 D 83542 Vol 1950 Fol 738 Description SINGLE HOUSE - ADDITIONS TO EXISTING DWELLING Applicants LM RAISSIS File Number P23/0019V01 DA05/0422 14/06/2005 JEREMY I MUNDY & SHEILA MUNDY 36 $3,500.00 Approved Prop address 255 BADGERUP ROAD WANNEROO WA 6065 Land Lot 258 P 20358 Vol 2027 Fol 258 Description SINGLE HOUSE - CARPORT ADDITION Applicants JI MUNDY File Number P34/1180V01 DA05/0551 20/07/2005 THOMAS ALLEN 21 $10,500.00 Approved Prop address 5 GRAHAM ROAD QUINNS ROCKS WA 6030 Land Part Lot 95 P 7318 Description GROUPED DWELLING - EXTENSION TO BEDROOM 1 AND PATIO ADDITION Applicants T ALLEN File Number P27/1457V01 DA05/0340 13/05/2005 CROWN - VESTED CITY OF WANNEROO 67 $250,000.00 Approved Prop address BRADMAN PARK-RES 45006 26 BRADMAN DRIVE BUTLER WA 6036 Land SWAN LOC 12675 Description EDUCATIONAL ESTABLISHMENT - COVERED AREA, CANTEEN ADDITION AND Applicants SLAVIN ARCHITECTS File Number PR05/0009V01 DA05/0493 06/07/2005 SKC RAIL & MARINE SERVICES PTY LTD 32 $0.00 Approved Prop address 62 PARAMOUNT DRIVE WANGARA WA 6065 Land Lot 239 P 22161 Vol 2115 Fol 447 Description CHANGE OF USE - WAREHOUSE WITH INCIDENTAL OFFICE/SHOWROOM TO VEHICLE Applicants N FLEET File Number P33/0065V01 DA05/0496 07/07/2005 CHRISTOPHER G MILENTIS 37 $250,000.00 Approved Prop address 116 PAINI WAY JANDABUP WA 6065 Land Lot 109 P 21843 Vol 2205 Fol 111 Description SINGLE HOUSE - SHED ADDITION Applicants CG MILENTIS File Number P14/0063V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 98

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0417 02/06/2005 GORDON C MASSEY 27 $5,290.00 Approved Prop address 33 THE OVAL MADELEY WA 6065 Land Lot 1 Vol 2502 Fol 260 S/P 39545 Description GROUPED DWELLING - PATIO ADDITION Applicants 1/2 PRICE PATIOS File Number P18/0572V01 DA05/0577 09/08/2005 SHAUN SMITH 14 $254,545.00 Approved Prop address 25 PENNYGUM PLACE MARIGINIUP WA 6065 Land Lot 15 D 96850 Vol 2195 Fol 396 Description SINGLE HOUSE - ALFRESCO AND POND ADDITION Applicants ROKBUILD PTY LTD File Number P20/0034V01 DA05/0363 23/05/2005 HUO S LI & BI M HUANG 70 $1,000.00 Approved Prop address 16 GATESHEAD LOOP MINDARIE WA 6030 Land Lot 989 P 23585 Vol 2171 Fol 56 Description MAST AND ANTENNA - SATELLITE DISH (RETROSPECTIVE) Applicants HS LI File Number P22/0994V01 DA05/0444 20/06/2005 PETA D ANDRICH, WAYNE A ANDRICH, ANDRICA 47 $9,600.00 Approved Prop address SUBDIVIDED 3/18 BUCKINGHAM DRIVE WANGARA WA 6065 Land Lot 3 Vol 2193 Fol 746 S/P 37737 Description FACTORY UNIT - PATIO TO UNIT 3 Applicants DOWNUNDER PATIO File Number P33/0085V01 DA05/0411 07/06/2005 PARKSIDE VILLAS MANAGEMENT PTY LTD, 51 $4,375,000.00 Approved Prop address HARBOURSIDE VILLAGE 7 HONIARA WAY MINDARIE WA 6030 Land Lot 1300 D 100611 Vol 2196 Fol 149 Description RETIREMENT VILLAGE – 35 ADDITIONAL UNITS - UNITS 1-14, 68-72 & 90-105 Applicants MIRVAC FINI File Number P22/0201 DA05/0256 11/04/2005 SANDHURST TRUSTEES LIMITED 67 $1,440,000.00 Approved Prop address RIDGEWOOD RISE 76 RIDGEWOOD BOULEVARD RIDGEWOOD WA 6030 Land Lot 714 P 24003 Vol 2206 Fol 794 Description RETIREMENT VILLAGE - MODIFICATIONS TO 21 GROUPED DWELLINGS - Applicants MCDONALD JONES ARCHITECTS File Number P28/0134V01 DA05/0511 12/07/2005 KEVIN S DENNIS & JOANNE DENNIS 16 $12,000.00 Approved Prop address 67 THE FAIRWAYS GNANGARA WA 6065 Land Lot 53 DP 25804 Vol 2503 Fol 33 Description SINGLE HOUSE - SWIMMING POOL ADDITION (SPECIAL RURAL) Applicants K DENNIS File Number P12/0178V01 DA05/0424 14/06/2005 TREVOR BRANNAN & MICHELLE F BRANNAN 47 $0.00 Approved Prop address 54 THE FAIRWAYS GNANGARA WA 6065 Land Lot 60 DP 25805 Vol 2503 Fol 40 Description BUILDING ENVELOPE MODIFICATION Applicants MF BRANNAN File Number P12/0236V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 99

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0530 18/07/2005 ANGELIQUE G CRAIG & MARK G CRAIG 27 $0.00 Approved Prop address 51 THE FAIRWAYS GNANGARA WA 6065 Land Lot 51 DP 25805 Vol 2503 Fol 39 Description SINGLE HOUSE - BUILDING ENVELOPE MODIFICATION Applicants AG CRAIG File Number P12/0034V01 DA05/0582 11/08/2005 ANGELIQUE G CRAIG & MARK G CRAIG 12 $24,000.00 Approved Prop address 51 THE FAIRWAYS GNANGARA WA 6065 Land Lot 51 DP 25805 Vol 2503 Fol 39 Description SINGLE HOUSE - SWIMMING POOL ADDITION Applicants FREEDOM POOLS File Number P12/0034V01 DA05/0433 16/06/2005 TOWN OF CAMBRIDGE, CITY OF PERTH, CITY OF 39 $5,000.00 Approved Prop address RUBBISH DISPOSAL SITE 1700 MARMION AVENUE TAMALA PARK WA 6030 Land Lot 118 DP 28300 Vol 2506 Fol 54 Description USE NOT LISTED - OFF SITE ESTATE SIGN Applicants URBAN PACIFIC LIMITED File Number P30/0001V02 DA05/0518 13/07/2005 GOLDWATER CORPORATION PTY LTD 13 $240,000.00 Approved Prop address 24 THE OVAL MADELEY WA 6065 Land Lot 202 DP 28994 Vol 2511 Fol 938 Description GROUPED DWELLING - 2 UNITS Applicants E SPAGNOLO File Number P18/0963V01 DA04/0543 10/08/2004 HOMESWEST RENTALS 264 $45,000.00 Refused Prop address SUBDIVIDED 650 CONNOLLY DRIVE CLARKSON WA 6030 Land Lot 850 DP 32406 Description USE NOT LISTED - RETROSPECTIVE ESTATE SIGNAGE - SOMERLY ESTATE Applicants URBAN PACIFIC LIMITED File Number P08/0789V01 DA05/0480 04/07/2005 MALCOLM KNOX AND/OR NOMINEES 22 $3,000.00 Approved Prop address 15 SUCCESS WAY WANGARA WA 6065 Land Lot 218 DP 35032 Vol 2533 Fol 914 Description FACTORY UNIT - TEMPORARY MODIFICATION OF CAR-PARK Applicants MN KNOX File Number P33/0328V01 DA05/0592 15/08/2005 SARICH HOLDINGS PTY LTD 10 $3,000.00 Approved Prop address 79 INNOVATION CIRCUIT WANGARA WA 6065 Land Lot 219 DP 35032 Vol 2533 Fol 915 Description WAREHOUSE - RAMP ADDITION Applicants MN KNOX File Number P33/0167V01 DA05/0579 09/08/2005 DOREEN E CARTER & NEIL CARTER 7 $1,400.00 Approved Prop address 7/18 LUMLEY CLOSE LANDSDALE WA 6065 Land Lot 7 Vol 2571 Fol 384 S/P 46532 Description GROUPED DWELLING - PATIO ADDITION (UNIT 7) Applicants OUTDOOR WORLD File Number P17/0409V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 100

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0512 12/07/2005 PAUL GAMMER & KIRSTEN B GAMMER 28 $0.00 Approved Prop address 95 BUSHWOOD FOLLOW TWO ROCKS WA 6037 Land Lot 68 DP 38231 Vol 2549 Fol 018 Description BUILDING ENVELOPE MODIFICATION Applicants P GAMMER File Number P32/0459V01 DA05/0563 02/08/2005 BRIGHTWATER CARE GROUP 6 $2,919.00 Approved Prop address KINGSWAY COURT 133 KINGSWAY MADELEY WA 6065 Land Part Lot 103 Sec 2 DP 36095 Description RETIREMENT VILLAGE - PATIO ADDITION (UNIT 2) Applicants PEARCEY CONST File Number P18/0968V01 DA05/0623 23/08/2005 BRIGHTWATER CARE GROUP 6 $5,000.00 Approved Prop address KINGSWAY COURT 1 IMPERIAL CIRCUIT MADELEY WA 6065 Land Part Lot 103 Sec 98 DP 36095 Description RETIREMENT VILLAGE - PATIO ADDITION (UNIT 168) Applicants MINDARIE PATIOS File Number P18/1016V01 DA05/0491 06/07/2005 HARRISON NOMINEES PTY LTD 39 $527,000.00 Approved Prop address 2 ENDEAVOUR WAY WANGARA WA 6065 Land Lot 225 DP 38475 Vol 2554 Fol 812 Description WAREHOUSE/SHOWROOM - 4 UNITS Applicants HARRISON NOMINEES PTY LTD File Number P33/0421V01 DA05/0495 07/07/2005 GOLDTRAIN CORPORATION PTY LTD 38 $272,000.00 Approved Prop address 1 VENTURE LOOP WANGARA WA 6065 Land Lot 227 DP 38475 Vol 2554 Fol 814 Description WAREHOUSE/SHOWROOM - 2 UNITS Applicants C PINTAUDI File Number P33/0420V01 DA05/0384 30/05/2005 ANDREW J WRIGHT & JANE E WRIGHT 47 $5,000.00 Approved Prop address 41 FORESHORE VISTA YANCHEP WA 6035 Land Part Lot 795 D 90561 Description GROUPED DWELLING - PATIO ADDITION AND RELOCATION OF STORE/ SHED Applicants AJ WRIGHT File Number p36/0382V01 DA05/0533 21/07/2005 MARY CHENG & PETER CO CHOW 2 $206,550.00 Approved Prop address 30 NINGALOO BEND CLARKSON WA 6030 Land Lot 495 DP 38752 Vol 2566 Fol 140 Description SINGLE HOUSE (STRUCTURE PLAN VARIATION) Applicants PERCEPTIONS THE HOME BUILDERS File Number P08/1138V01 DA05/0443 20/06/2005 DANIEL JEREMIAH & JULIE JEREMIAH 50 $120,000.00 Approved Prop address 2 HURSTHILL STREET MADELEY WA 6065 Land Lot 415 DP 39574 Vol 2564 Fol 220 Description GROUPED DWELLING - 2-STOREY DWELLING Applicants D JEREMIAH File Number P18/0863V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 101

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0514 12/07/2005 THERESE B MOSELEY 15 $1,395.00 Approved Prop address 4 KENSINGTON WAY PEARSALL WA 6065 Land Lot 2 Vol 2561 Fol 814 S/P 45603 Description GROUPED DWELLING - PATIO ADDITION Applicants SUNWISE PATIOS File Number P25/0356V01 DA05/0535 22/07/2005 PATRICK J JEFFARES & MARIE E JEFFARES 13 $5,000.00 Approved Prop address KALLISTA GARDENS 26/5 CALABRESE AVENUE WANNEROO WA 6065 Land Lot 26 Vol 2572 Fol 738 S/P 45330 Description GROUPED DWELLING - PATIO ADDITION (UNIT 26) Applicants OUTDOORWORLD File Number p34/0315V01 DA05/0454 23/06/2005 MILTON G BIRD & FLAVIANA BIRD 28 $204,309.00 Approved Prop address 41 WYATT ROAD HOCKING WA 6065 Land Lot 490 DP 42362 Vol 2575 Fol 412 Description GROUPED DWELLING - 2 UNITS Applicants CONTENT LIVING File Number P13/0852V01 DA05/0564 02/08/2005 BRIGHTWATER CARE GROUP 12 $2,790.00 Approved Prop address KINGSWAY COURT 48 IMPERIAL CIRCUIT MADELEY WA 6065 Land Part Lot 103 Sec 160 DP 36095 Description RETIREMENT VILLAGE - PATIO ADDITION (UNIT 160) Applicants PEARCEY CONST File Number P18/1001V01 DA05/0600 17/08/2005 BRIGHTWATER CARE GROUP 10 $1,500.00 Approved Prop address KINGSWAY COURT 75 IMPERIAL CIRCUIT MADELEY WA 6065 Land Part Lot 103 Sec 93 DP 36095 Description RETIREMENT VILLAGE - PATIO ADDITION (UNIT 93) Applicants P GREEN File Number p18/0967v01 DA05/0475 01/07/2005 COLIN T VANN & YVONNE L VANN 23 $108,463.00 Approved Prop address 20 DALLAS CRESCENT WANNEROO WA 6065 Land Lot 1 DP 43485 Description GROUPED DWELLING - 2ND UNIT Applicants J CORP PTY LTD File Number P34/0756V01 DA05/0554 21/07/2005 MICHAEL C MORGAN 24 $235,709.00 Approved Prop address 21 TYNE CRESCENT WANNEROO WA 6065 Land Lot 982 DP 42802 Vol 2577 Fol 862 Description GROUPED DWELLING - 2 UNITS Applicants IMPRESSIONS THE HOME BUILDERS File Number P34/2305V01 DA05/0429 15/06/2005 JOHN S FOWLER & JANIS FOWLER 35 $370,000.00 Approved Prop address 21 LAMONT LINK PEARSALL WA 6065 Land Lot 730 DP 43670 Vol 2581 Fol 587 Description GROUPED DWELLING - TWO 2-STOREY UNITS Applicants M ZURZOLO File Number P25/0390V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 102

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0494 05/07/2005 CHERIE J WILLIAMS & ALAN T LANGRIDGE 21 $2,350.00 Approved Prop address 14 HENNESSY DRIVE ASHBY WA 6065 Land Lot 241 DP 42095 Vol 2583 Fol 660 Description USE NOT LISTED - RETAINING WALL Applicants CARDNO BSD PTY LTD File Number P03/0527V01 DA05/0610 19/08/2005 PECI PROPERTIES PTY LTD 8 $60,000.00 Approved Prop address 18 GOODRICH WAY DARCH WA 6065 Land Lot 414 DP 42885 Description GROUPED DWELLING - 4 UNITS Applicants J PECI File Number P09/1306V01 DA05/0479 04/07/2005 BUTLER LAND COMPANY PTY LTD & QUINNS 40 $600,000.00 Approved Prop address 1100 CONNOLLY DRIVE BUTLER WA 6036 Land Lot 9112 DP 43609 Description PARK - PUBLIC OPEN SPACE - GNAMMA HOLE, ENTRY STATEMENT & ASSOCIATED Applicants MCNALLY NEWTON LANDSCAPE ARCHITECTS File Number SD119708V02 DA05/0353 17/05/2005 SILVANA RISTATSIS & LUISA DI TORO 17 $231,864.00 Approved Prop address 6 LORDS COURT MADELEY WA 6065 Land Lot 322 DP 43610 Vol 2588 Fol 043 Description GROUPED DWELLING - 2 UNITS Applicants JWH GROUP (METRO STYLE) File Number P18/0907V01 DA05/0561 02/08/2005 BRIGHTWATER CARE GROUP 10 $4,500.00 Approved Prop address KINGSWAY COURT 7 BARON LOOP MADELEY WA 6065 Land Part Lot 103 Sec 123 DP 36095 Description GROUPED DWELLING - PATIO ADDITION (UNIT 123) Applicants SHEPPARD STEEL File Number P18/1003V01 DA05/0580 09/08/2005 BRIGHTWATER CARE GROUP 7 $3,500.00 Approved Prop address KINGSWAY COURT 8 BARON LOOP MADELEY WA 6065 Land Part Lot 103 Sec 134 DP 36095 Description GROUPED DWELLING - PATIO ADDITION (UNIT 8) Applicants PEARCY CONSTRUCTIONS File Number P18/1010V01 DA05/0560 02/08/2005 BRIGHTWATER CARE GROUP 12 $3,182.00 Approved Prop address KINGSWAY COURT 4 BARON LOOP MADELEY WA 6065 Land Part Lot 103 Sec 136 DP 36095 Description RETIREMENT VILLAGE - PATIO ADDITION (UNIT 136) Applicants BLA HOMES AND PATIOS File Number p18/0976v01 DA05/0373 27/05/2005 HOMESWEST RENTALS 63 $728,000.00 Approved Prop address SUBDIVIDED 650 CONNOLLY DRIVE CLARKSON WA 6030 Land Lot 9031 DP 45434 Description PARK - STAGE 15 SOMERLY - POS Applicants MCNALLY NEWTON LANDSCAPE ARCHITECTS File Number P08/0789V02

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 103

Development Applications determined for Period City of Wanneroo WHERE (Issued_date BETWEEN 01/08/2005 00:00:00 AND 31/08/2005 Note: Estimated cost not provided on applications for use only or where a flat fee is applicable Ram Id Date Owners Days Est Cost Decision DA05/0456 23/06/2005 BRANISLAV ARITONOVIC 28 $256,434.00 Approved Prop address 2 LORDS COURT MADELEY WA 6065 Land Lot 324 DP 44209 Vol 2590 Fol 389 Description GROUPED DWELLING - 2 UNITS Applicants CONTENT LIVING File Number P18/0921V01 DA05/0549 26/07/2005 GEORGE C IOPPOLO 9 $102,824.00 Approved Prop address 81 GUNGURRU AVENUE HOCKING WA 6065 Land Lot 1 Vol 2596 Fol 715 S/P 47347 Description SINGLE HOUSE (STRATA TITLE) Applicants J CORP PTY LTD File Number P13/0722V01

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 104

Other Matters

PD10-09/05 Review of Terms of Reference and Appointment of New Community Representatives to the Environmental Advisory Committee

File Ref: S02/0008V02 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil Attachments: 2

Issue

To consider revised terms of reference and the appointment of new community representatives to the City’s Environmental Advisory Committee (EAC).

Background

The City’s Conservation Advisory Committee was formed in November 2000 (item W354- 11/00). In November 2002, Council endorsed revised terms of reference for the Committee and also endorsed a change of name to the EAC, in order to better reflect the Committee’s scope (item PD02-11/02).

At the Council meeting held on 9 May 2005 (item SP18-05/05), Council further amended the Committee’s terms of reference to increase the Elected Member representation from two to four members and appointed Councillors Hughes, Gray, Roberts and Blencowe as delegates, with Councillor Pearson as deputy delegate.

Detail

The EAC is a formal committee of Council, established under the Local Government Act.

The current terms of reference for the EAC are set out in Attachment 1 and aim to:

1. Provide a means of participatory two way communication between the community and the City of Wanneroo on environmental issues; and 2. Assist Council with the identification of environmental issues and the development of strategies relating to these issues.

EAC membership currently comprises four Elected Members, the Director Planning and Development or nominee, the Director Infrastructure or nominee and up to fourteen community representatives.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 105

Comment

Terms of Reference

When the Committee was established in 2000, its main purpose was to provide a forum for community input into the identification of environmental issues and the development of strategies relating to those issues. Given this role, the Committee was extensively involved in the preparation of the City’s Local Environmental Strategy (LES), through a range of workshops and members provided effective and constructive feedback for improvement of the document prior to its adoption by Council in 2002.

Now that the LES has been prepared and adopted by Council and many of its actions implemented, the role of the Committee has changed somewhat. Whilst it still provides input into the preparation of environmental strategies when necessary, it has to a large degree, become a forum for updating community members on the City’s environmental activities.

Given the time and resources provided to the Committee from both its members and the Administration, it is important that maximum value be obtained from the Committee. It is considered that this can most effectively be done by focussing the Committee’s efforts, as was initially the case, toward providing a forum for community input into the preparation of City policies and strategies. Focussing the Committee’s efforts towards involvement in the City’s policy development, is also where its members can potentially have the biggest impact on the City’s environmental outcomes.

Both the EAC and its associated working group currently meet on an alternate bi-monthly basis. The present meeting schedule however often conflicts with the needs of the City’s project programs. As a consequence, environmental policies or strategies are either delayed or incomplete information provided to the EAC for its consideration in order to meet a predetermined meeting date.

To address above issues, it is recommended that the terms of reference be revised in the following areas:

1. The aims of the Committee be modified to make it clear that it is a forum for community participation and input into the preparation of City policies, strategies and other matters referred to it by the City; 2. The meeting schedule to be based on an interval that will enable timely input into the City’s developing environmental policies and strategies.

The terms of reference have also been substantially rewritten to remove redundant clauses that were used to facilitate the transition between the former Conservation Advisory Committee and the EAC and to ensure that the format and administrative content is consistent with the current City standard. The recommended revised terms of reference are included as Attachment 2.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 106

Appointment of New Community Members

The Committee’s terms of reference provide for the appointment of up to 14 community members. Seven community member positions have recently expired and a further two members have resigned, leaving up to nine community positions available for appointment.

Expressions of interest for the community members were sought through advertisements in the Wanneroo Times and on the City’s website. Existing EAC members were also encouraged to reapply. Eleven applications were received from both previous members and the broader community.

Details of the applicants for the vacant Community representatives are included within the following table:

Name/Suburb Links to Community Experience/Qualifications/Background/Local Groups Interests Kim Minos  Just moved to  Worked in Horticulture and Landscape (Quinns Rocks) Quinns Rocks from Design and Construction Victoria, planning  Experience with environmental community to get involved groups with local  Cared for 80 acres of bushland registered community groups with the Land for Wildlife Scheme  Worked with a community groups re- establishing wildlife corridors through private and public land  Worked for a Local Government on a fire prevention program  Worked as a School consultant on environmental and landscape issues  Through his work and voluntary experience, has gained an extensive knowledge in environmental management and community participation Jill Pryde  Yellagonga  BSC – Environmental Management (Kingsley) Catchment Group  Working as an ecologist with the  Friends of Department of Conservation and Land Yellagonga Management (DCLM) Geoffrey Curtis*  Degree in Education (Bachelor, Certificate, (Sinagra) Master)  1 year Environmental Science at Murdoch  Past President of the Urban Bushland Council  President/Coordinator of the Hepburn Woodlands Preservation Group  Secretary and member of Greenforce  Writes in the Wanneroo Times (‘Environmental Corner’)  Past Chair of the City of Wanneroo’s Environmental Committee (Councillor)

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 107

Name/Suburb Links to Community Experience/Qualifications/Background/Local Groups Interests  Chair of the current City of Wanneroo’s Environmental Advisory Committee Paul Compe  Undertaking a Bachelor of Arts in Urban (Heathridge) and Regional Planning Audrey Hine*  Interested person who does a lot of walking (Wanneroo) in various bush areas  Involved local resident  Volunteered to reapply for one year- membership on the basis that more suitable applicants were not available. Renata  Quinns Rocks  Postgraduate Diploma in Environmental Zelinova* Environmental Impact Assessment (Quinns Rocks) Group Inc  Active member of a local community group that is working to raise awareness, take local action on environmental issues  Member of the EAC since 2001  Working as a Project Officer for Urban Bushland Council WA John Kelly  Alexander Ward  Participant in the City of Wanneroo Local (Marangaroo) Residents and Conservation Strategy Ratepayers  Extensive knowledge in various association environmental issues  Attended local and state environmental seminars  Continuing interest in Marangaroo Conservation Reserve David Goodall*  Yellagonga  Long career in plant ecology (Yanchep) Catchment Group  PhD, DSc  Friends of Yellagonga Robert Susac  Edith Cowan  Undertaking a Bachelor of Science (Carabooda) Conservation  Experience in karst landforms (cave related Organisation environments) (E.C.C.O) -  Active volunteer at Yanchep National Park President  Involved in the organisation of Festivals  Western Australian Speleological Group (WASG) – Conservation Subcommittee  Volunteers of Yanchep National Park  Neerabup Residents Group Fiona Johnson  Friends of  Bachelor of Science – Environmental (Pearsall) Coolbinia Management

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 108

Name/Suburb Links to Community Experience/Qualifications/Background/Local Groups Interests Bushland (Menora)  Works as an Environmental Field Operator at Kings Park  Interested in environmental issues, particularly at a local level John Chester  Yellagonga  Science Degree (Major Geology) (Kingsley/Quinns Catchment Group  Worked as a Geologist for 10 years Rocks))  Science Teacher for 26 years * Existing Committee Member

The applicants provide for a broad level of environmental expertise and representation on local community groups. Although some of the applicants do not reside in the City of Wanneroo, specialist knowledge and connections to local community groups were also important factors to consider. Two members of Yellagonga Catchment Group are recommended in the light of the recent Council resolution to support the Yellagonga Integrated Catchment Management Plan (item TS09/05/05).

Based on an assessment of the applicants’ backgrounds, links to a range of community groups and availability to attend meetings, the following applicants are recommended for membership:

Kim Minos Fiona Johnson Geoffrey Curtis Jill Pryde Renata Zelinova John Chester Robert Susac David Goodall John Kelly

Given that there were only up to nine vacancies, the remaining two applicants, Audrey Hine and, Paul Compe, are not recommended for appointment. Mrs Hine on the basis that, whilst an interested and involved resident, she has no formal environmental qualifications or experience and had volunteered to reapply on the basis that more suitable applicants were not available. Mr Compe on the basis that he is not a resident of the City or member of any local community group.

Statutory Compliance

The EAC is a duly constituted committee under the Local Government Act.

Strategic Implications

The operation of the EAC allows the City to meet several of the objectives listed in its Strategic Plan. These objectives are:

“Environmental Sustainability: To conserve and enhance environmental assets. To foster a culture of environmental awareness, ownership and action. Healthy Communities: To achieve an understanding of our community’s needs – both present and future.”

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 109

The establishment of the EAC is also consistent with the City of Wanneroo Local Environmental Strategy 2002:

“Community participation and environmental awareness Action item 46 Encourage dialogue between Council and the community via the Environmental Advisory Committee (EAC)”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Absolute Majority.

Recommendation

That Council:-

1. APPOINTS by ABSOLUTE MAJORITY the following people as the community representatives on the Environmental Advisory Committee, with memberships terminating on the day of the next ordinary Council Election:

a) Mr Kim Minos

b) Mr Geoffrey Curtis

c) Ms Renata Zelinova

d) Mr Robert Susac

e) Ms Fiona Johnson

f) Ms Jill Pryde

g) Mr John Chester

h) Mr John Kelly

i) Mr David Goodall

2. WRITES to the new members of the Environmental Advisory Committee confirming their appointment

3. WRITES to the departing members of the Environmental Advisory Committee thanking them for their participation on the Committee.

4. ENDORSES the new Terms of Reference for the Environmental Advisory Committee as set out in Attachment 2 to this report.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 110

ATTACHMENT 1 Page 1 of 2

EXISTING CITY OF WANNEROO ENVIRONMENTAL ADVISORY COMMITTEE

TERMS OF REFERENCE

(Including amendments up to May 2005)

Name: Environmental Advisory Committee

Aims: 1.1 To provide a means of participatory two way communication between the community and the City of Wanneroo on environmental issues.

1.2 To assist Council with the identification of environmental issues and the development of strategies relating to these issues.

Membership: 2.1 All members of the former Conservation Advisory Committee will automatically continue as members of the Environmental Advisory Committee.

2.2 Subject to clause 2.1, the Committee shall consist of the following endorsed members:  Four elected Council members as nominated by Council.  The Director Technical Services or his nominee  The Director Planning and Development or his nominee  A maximum of 14 representatives from the community.

2.3 The Chair shall be nominated at the first meeting of the committee.

2.4 A nominated proxy may attend in place of the endorsed

representative member.

2.5 Membership shall be by appointment of the Council.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 111 ATTACHMENT 1 Page 2 of 2

2.6 Membership shall be for a period of two years, however, retiring members are eligible to reapply. The first period of reapplication shall be April 2003, which represents two years after the formation of the former Conservation Advisory Committee.

2.7 At the first membership review (clause 2.5) the Council may appoint half of the members for a 1 year period and half for a 2 year period.

Operating 3.1 The Committee will meet on a regular basis as determined Procedures: by the Committee.

3.2 The Chairperson is responsible for the proper conduct of the Committee.

3.3 All endorsed members (or the proxy attending in lieu of the endorsed member) of the Committee have one vote. In the event of a tie the Chairperson shall have the casting vote and simple majority shall prevail.

3.4 The Committee has the authority to establish working groups as required to address specific purposes of the Committee.

3.5 The Committee has the authority to second individuals from outside of the Committee on a voluntary basis, for their expert advice.

Minutes: 4.1 Minutes are to be taken at each meeting and will be forwarded to all members and elected representatives within seven days of the meeting date.

4.2 Minutes will also be made available to members of the public on request.

5.1 The Committee has no delegated power and has no Delegated authority to implement its recommendations without the Authority: approval of Council.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 112

ATTACHMENT 2 Page 1 of 4

PROPOSED CITY OF WANNEROO ENVIRONMENTAL ADVISORY COMMITTEE

TERMS OF REFERENCE

(September 2005)

Name: Environmental Advisory Committee

Role: To provide a forum for community participation in the preparation of the City’s environmental policies, strategies and other matters referred to it by the City.

Aims: 1.1 To provide advice and input into the preparation of environmental policies, strategies and other matters referred to it by the City.

1.2 To make recommendations to the Council in respect to policies, strategies and other matters referred to it by the City.

Membership: 2.1 The Committee shall consist of the following representation:  Four Councillor representatives from the City of Wanneroo;  The Director Infrastructure or his nominee;  The Director Planning and Development or his nominee;  A maximum of 14 representatives from the community. 2.2 A nominated proxy member may attend in place of the endorsed representative member.

2.3 Membership shall be for a period of two years, terminating on the day of the Ordinary Council Election. Retiring members are eligible to reapply.

2.4 Membership is to be endorsed at least every two years by the Council.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 113 ATTACHMENT 2 Page 2 of 4

2.5 Membership shall be appointed or removed by the Council.

2.6 Members must comply with the City’s Code of Conduct.

2.7 The Committee has the authority to second individuals from outside of the Committee on a voluntary basis, for their expert advice.

2.8 The Committee may recruit members according to the terms of reference.

Operating Presiding Member: Procedures: 3.1 The Committee will annually elect a Presiding Member to conduct its business at meetings.

3.2 The CEO or delegated nominee will attend the first meeting to conduct the election of the Presiding Member or at a subsequent meeting if a new Presiding Member is to be elected.

3.3 The Presiding Member will preside at all meetings.

3.4 In the absence of the Presiding Member, a person is to be elected by the quorum to assume the Chair.

3.5 The Presiding Member is responsible for the proper conduct of the Committee.

Meetings:

3.6 Meetings shall be determined by the nominated Committee members and be based on dates that will enable timely input into the City’s developing environmental policies and strategies and other matters referred from the City.

3.7 All meeting dates are to be provided in Councillors Clipboard and in the City of Wanneroo diary.

3.8 A Notice of Meetings including an agenda will be circulated to the Committee members at least three days prior to each meeting when possible.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 114

ATTACHMENT 2 Page 3 of 4

3.9 The Presiding Member shall ensure that detailed minutes of all meetings are kept and shall, not later than 5 days after each meeting, provide the members with a copy of such minutes. Copies of all minutes are to be forwarded to Governance for filing in the elected members reading room.

3.10 A copy of the minutes are to be circulated to all Council elected members via the Councillors’ Clipboard.

3.11 All agenda and minute documentation to be generated through Council’s Romark Reporting System.

3.12 A Committee decision does not have effect unless it has been made by a simple majority. A simple majority is the agreement of not less than half of the votes present at the meeting.

3.13 All endorsed members (or the proxy attending in lieu of the endorsed member) of the Committee have one vote. The Presiding Member shall have the casting vote and simple majority shall prevail.

Quorum:

3.14 The quorum for a meeting shall be at least 50% of the number of endorsed members.

Administration:

3.15 Administrative support for the Committee will be provided by the City.

Appointing Legislation 4.1 The Committee is appointed as an advisory committee to the City of Wanneroo Council under Part 5- Administration, Section 5.9 (c) of the Local Government Act 1995.

4.2 The Council in accordance with the Local Government Act 1995, will assign the powers pertaining to these Terms of Reference to the Environmental Advisory Committee as an appointed advisory committee of Council.

Delegated 5.1 The Committee has no delegated power and has no Authority: authority to implement its recommendations without the approval of Council.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 115

ATTACHMENT 2 Page 4 of 4

5.2 The Committee has no delegated authority to commit Council to the expenditure of monies.

5.3 Matters requiring Council consideration will be subject to separate specific reports to Council.

5.4 The Committee has the authority to establish sub-working committees as required to address specific purposes of the committee.

Prepared: 15 August 2005

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 116

Infrastructure

Tenders

IN01-09/05 Tender No 05524 - Development of Houghton Park, Carramar

File Ref: C05524, PR07/0004V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider Tender No 05524 for the Development of Houghton Park, Carramar.

Background

The City of Wanneroo has adopted a staged development plan for Houghton Park as follows:

1. Construction of the active reserve (completed) 2. Construction of passive park (current) 3. Construction of parking area, BMX track and multi purpose hard courts (future stages)

The works under this contract incorporate the following:

 Clearing existing vegetation to allow for grassed areas and various infrastructure  Grading the site and soil preparation  Installation of path lighting and electric BBQ  Installation of path network, drinking fountain and limestone edging to future play areas  Irrigation works  Grassing  Concrete edging to garden beds and planting  Maintenance

A full set of tender drawings has been placed in the Elected Members Reading for information.

It should be noted that several items such as playground, playground shade structure and picnic shelters were deleted from the tendered scope of works due to budget restrictions. These items will be listed for Council consideration in the draft 2006/2007 Capital Works Budget.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 117

Detail

Tender No. 05524 for the Development of Houghton Park, Carramar was advertised on 30 July 2005 and closed at the City’s Offices at 3.00pm on 16 August 2005 with the receipt of the following submissions: DME Contractors Frogmat Environmental Pty Ltd Environmental Industries Pty Ltd Russell Landscaping Works Infrastructures Pty Ltd

Tender Assessment

The Tender Evaluation Team comprising the Landscape Projects Designer, Recreation Officer- Facility Development and the project landscape architects Hames Sharley Pty Ltd, undertook the tender evaluation in accordance with the following selection criteria:

1. Price for the Works offered 2. Tenderer’s resources 3. Tenderer’s previous experience in carrying out work similar to the Works 4. Safety management

Price Five lump sum priced conforming tenders were received and have been ranked in the following order.

Tenderers Tender Price DME Contractors $310,973.60 Frogmat Environmental Pty Ltd $390,249.80 Environmental Industries Pty Ltd $416,731.89 Russell Landscaping $465,741.70 Works Infrastructures Pty Ltd $696,620.00

All tenderers completed the extensive price break down schedule. All tenders with the exception of DME Contractors are above the pre-tender cost estimate of $372,997.00

Resources Based on the details supplied in the tender schedules the tenderers were ranked as follows:

Ranking DME Contractors 1 Environmental Industries Pty Ltd Equal 1 Works Infrastructure Pty Ltd Equal 1 Frogmat Environmental Pty Ltd 2 Russell Landscaping Equal 2

DME Contractors has current project commitments that suggest its work related resources are not compromised with the addition of this project. The firm is able to secure personnel and plant to execute the works.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 118

Previous Experience Each tenderer was equally ranked. DME Contractors submitted several examples of projects that it had constructed that were of a similar nature.

Safety Management Based on the details supplied in the tender schedules and additional information on safety management plans, the tenderers were ranked as follows:

Ranking Works Infrastructure Pty Ltd 1 Russell Landscaping Equal 1 Environmental Industries 2 DME Contractors 3 Frogmat Environmental Pty Ltd 4

Overall Ranking Assessment The overall scoring of tenders is based on a weighted score shown below:

Company Ranking DME Contractors 1 Environmental Industries Pty Ltd 2 Frogmat Environmental Pty Ltd 3 Russell Landscaping 4 Works Infrastructure Pty Ltd 5

DME Contractors is recommended as the preferred tenderer for Tender No 05524 having offered the best value for money and achieving the highest ranking in the tender evaluation process.

Key Characteristics of the lowest recommended tenderer, DME Contractors:  It has been in operation for ten years and presently employs fifteen permanent staff.  It is geared up for contracting with estimation and administrative support to its regular and casual field staff. A Project Manager has yet to be assigned to the works.  It has committed subcontractors and nominated four firms of which the City has successfully used two in the past.  Reference checking disclosed that the firm has successfully constructed projects to the satisfaction of the nominated referees and this firm is a competent and capable prime contractor.  DME is currently undertaking 3 projects that will be completed in the next two months. One of the projects is being undertaken for the City (Lot 211 Mindarie Foreshore).

It should be noted that DME Contractors has agreed to use the City’s nominated contractor Dowsing Concrete for the supply and installation of concrete paths.

Consultation

The Project Working and the Administration Technical Groups have met on a regular basis during the development and preparation of the tender documentation phase of the project to ensure that the tender includes scope of works in line with the initial scope of work.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 119

Comment

Works Program

The works programme for this project is outlined as follows:

Council Tender Award Tuesday 20 September 2005

Execute Contract Friday 30 September 2005

On Site Commencement (12 week contract) Monday 3 October 2005

Practical Completion Friday 23 December 2005

A 12-week construction period is considered adequate and fulfils the City’s objective is to have the park available for public use as early as possible for the summer of 2005/2006.

Statutory Compliance

Tenders have been invited and evaluated against the selection criteria in accordance with Section 3.57 of the Local Government Act and associated regulations.

The Manager Contracts and Property has reviewed the tender evaluation for compliance and fairness and is satisfied with the process.

Strategic Implications

The Houghton Park Development Works Project is consistent with the City of Wanneroo Strategic Plan (2002-2005) goals and strategies:

“Healthy Communities 2.6 To provide and manage infrastructure to meet the needs of the community 2.7 Provide community focused services and lifestyle opportunities.”

Policy Implications

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 120

Financial Implications

The following table identifies all costs associated with the project:

Houghton Park Development, Carramar Cost to Complete Description Funding the Works Project funding – Account No 824545 $117,255 Project funding – Account No 824546 $167,944 Project funding – Account No 826581 $100,000 Printing Costs $188.10 Tender Advertisement & Administration Costs $2,000 Conforming Tender – DME Contractors – Tender No 05524 $310,973.60 Project Contingency Sum $22,962.30 BMX Track $20,000 Fencing Works $10,950 Hames Sharley Fees $18,125 Total Project Cost $385,199 $385,199

Sufficient funds are available to undertaken the works included in Tender No 05524. It is noted that the contingency sum identified above will only be expended with prior written authorisation from Administration.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ACCEPTS Tender No 05524 for the tender sum of $310,973.60 from DME Contractors for the construction of the Houghton Park Development Works.

2. LISTS the installation of play equipment, shade structure and picnic shelters for Council consideration in the draft 2006/2007 Capital Works Budget.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 121

IN02-09/05 Tender No 05527 - The Provision of Landscape Maintenance Services Within the Locality of Butler.

File Ref: C05527 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachment(s): 1

Issue

To consider Tender No 05527 - The Provision of Landscape Maintenance Services within the Locality of Butler for a Period of Twenty One Months.

Background

Effective from 1 October 2005 the City will be responsible for the maintenance under contract of seven neighbourhood parks in the locality of Butler, inclusive of a landscaped sump area, Conservation Reserve and associated streetscapes. The parks located on Kingsbridge Boulevard housing the lakes, median and verges of Marmion Avenue from Lukin Drive to Kingsbridge Drive do not form part of this contract as the developer proposes to continue maintenance until 1 July 2007. Refer Attachment 1 – Drawing No T 2092-1-1 for locality plan of areas to be maintained. The contract duration has been set at 21 months to allow these additional parks and road reserves to be incorporated into the next contract.

The scope of works for this tender includes general maintenance, playground equipment inspection and minor repairs, irrigation maintenance, turf maintenance activities, general herbicide spraying, weed control in turf and garden areas, fertilising turf and garden areas and maintenance of street gardens and park trees. It does not include the maintenance of bores, irrigation controllers, mainlines and verge street trees as these tasks are serviced under existing contracts, or have specific requirements more suited to be undertaken by in-house labour.

The tender specified a level of service at a Category 4 Developer Standard in accordance with the long term management and maintenance of the open space and streetscape infrastructure in Stage 1 of the Brighton development as defined in the Collaborative Infrastructure Agreement. The developer, Ocean Springs Pty Ltd, has agreed to meet the cost differential for the elevated maintenance level of the infrastructure for a period of 40 years from the date of handover.

Detail

Tender No 05527 for the Provision of Landscape Maintenance Services within the Locality of Butler for a Period of Twenty One Months was advertised on 6 August 2005 and closed on 23 August 2005.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 122

Essential details of the new contract are shown in the following table:

Contract Type Lump Sum and Schedule of Rates Contract Duration 21 Months Commencement Date 1 October 2005 Expiry Date 30 June 2007 Extension Permitted No Rise And Fall Included No

The Tender Evaluation Team, comprising the Manager Infrastructure Maintenance, Acting Coordinator Parks and Parks Maintenance Officer has evaluated the tender submissions in accordance with the following selection criteria and weightings:

 Price for the services offered 40%  Quality of Tenderer’s maintenance programme and contract management 20%  Tenderer’s Resources 10%  Tenderer’s previous experience in carrying out services similar to the services required 20%  Safety Management 10%

Tender submissions were received from:  ELM (WA) Pty Ltd  Landscape Development  Russell Landscaping WA Pty Ltd  Environmental Industries Pty Ltd  Frogmat Environmental

The Tender Evaluation Team scored each tender against the established criteria to determine the overall weighted score and reported as follows:

Price for services offered

An overall ranking was determined by assessing prices contained within the schedules and estimated future programmed works.

Schedule 1A includes items of all the parks maintenance requirements specified in the tender documents i.e. lawn mowing, weeding, litter removal, mulching, irrigation maintenance and pruning. Schedule 1B includes additional works as requested by the City and charged at an hourly rate. The total calculated estimated annual costs for each tenderer in ranking order is shown below:

Tenderer Tender Prices Schedule 1A Schedule 1B Estimated Estimated Fixed Lump Additional Works total per total for 21 Sum Price per per annum annum months annum. E L M (W A) Pty Ltd $56,940.00 $12,530.00 $69,470.00 $121,572.5 Russell Landscaping W $61,200.00 $12,530.00 $73,730.00 $129,027.5 A Pty Ltd Environmental $76,440.00 $8,980.00 $85,420.00 $149,485.0

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 123

Industries Pty Ltd Landscape $76,920.00 $9,700.00 $86,620.00 $151,585.0 Development Frogmat Environmental $155,940.00 $9,390.00 $165,330.00 $289,327.5

This criterion represents 40% of the total score and resulted in the following ranking:

Rank Tenderer 1 E L M (W A) Pty Ltd 2 Russell Landscaping W A Pty Ltd 3 Environmental Industries Pty Ltd 4 Landscape Development 5 Frogmat Environmental

Quality of Tenderer’s maintenance programme and contract management

It was stated clearly in the tender document and reinforced at the mandatory site inspection that a maintenance programme shall be included in the tender submission. Only ELM (WA) Pty Ltd, Landscape Development and Frogmat Environmental submitted maintenance programmes in the required format. Of these three companies only ELM (WA) Pty Ltd submitted Inspection Sheets and Report Forms that conform to the tender specifications. From these three companies E L M (WA) Pty Ltd and Landscape Development achieved the highest overall score resulting in the facilities and operations being inspected and assessed. Both ELM (WA) Pty Ltd and Landscape Development exhibited a high level of contract management capabilities. Environmental Industries and, Russell Landscaping did not submit a maintenance programme or inspection and report forms.

This criterion represents 20% of the total score and resulted in the following ranking:

Rank Tenderer 1 Landscape Development 2 E L M (W A) Pty Ltd 3 Frogmat Environmental 4 Environmental Industries Pty Ltd 4 Russell Landscaping W A Pty Ltd

Tenderer’s resources

The current tenderer’s resources contained in the tender documentation were examined in order to evaluate their ability to meet the requirements of the contract. Assessment of this criterion considered the tenderer’s staff resources and vehicles, plant/equipment and workshop support to manage the contract.

The two highest scoring compliant tenderers provided comprehensive tender submissions and have demonstrated the resources to service the contract. An inspection of the facilities and operations of ELM (W A) Pty Ltd and Landscape Development was undertaken. ELM (W A) Pty Ltd has the resources and capabilities to service the contract. Landscape Development is a large organisation and has more than sufficient resources to service the contract. Both companies conduct themselves and exhibit a high level of professionalism, embracing modern technology and business practices.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 124

This criterion represents 10% of the total score and resulted in the following ranking:

Rank Tenderer 1 Landscape Development 2 ELM (WA) Pty Ltd 2 Environmental Industries Pty Ltd 2 Russell Landscaping W A Pty Ltd 3 Frogmat Environmental

Tenderer’s previous experience

Tenders were assessed on the tenderer’s experience with previous contracts completed of a similar size and nature.

ELM (W A) Pty Ltd has been in operation for three years and is currently servicing landscape maintenance contracts for the City of Canning and a large housing development. References contained within the tender documentation were checked and confirmed its competency in carrying out maintenance works.

Landscape Development is presently servicing the locality of Butler for the developer and has extensive experience servicing local government contracts and housing developments. References contained within the tender documentation submitted by Landscape Development were checked and confirmed its competency in carrying out maintenance works.

This criterion represents 20% of the total score and resulted in the following ranking:

Rank Tenderer 1 Landscape Development 2 ELM (WA) Pty Ltd 2 Environmental Industries Pty Ltd 2 Russell Landscaping W A Pty Ltd 3 Frogmat Environmental

Safety Management

Evidence of safety management policies and practices was assessed from the tender documents. The assessment for safety management was based on the tenderers’ responses to an Occupational Health and Safety Management System Questionnaire included within the tender documentation and an inspection of the facilities and operations.

Two of the three compliant tenderers provided comprehensive safety management plans. Landscape Development was ranked slightly higher as the company has a dedicated full time Safety Officer on staff.

This criterion represents 10% of the total score and resulted in the following ranking:

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 125

Rank Tenderer 1 Landscape Development 1 Environmental Industries Pty Ltd 2 ELM (WA) Pty Ltd 3 Russell Landscaping W A Pty Ltd 4 Frogmat Environmental

Overall Weighted Scoring

The weighted score analysis process determined that:

 A broad range of tender prices was a key driver of the overall score.  Two of the three compliant companies have worked for the City of Wanneroo previously and have provided acceptable levels of service.  Only three tenderers fully addressed the selection criteria providing a detailed work programme in accordance with the stated schedules and were assessed as having the necessary resources, safety management procedures, previous experience in carrying out services similar to those defined within the tender requirements including a past record of achievement with similar contracts undertaken.

The ranking of the tenders received, based on an overall weighted score is shown below:

Rank Tenderer 1 ELM (WA) Pty Ltd 2 Landscape Development 3 Russell Landscaping W A Pty Ltd 4 Environmental Industries Pty Ltd 5 Frogmat Environmental

Comment

ELM (WA) Pty Ltd has been evaluated as the top ranked tenderer in accordance with the weighted selection criteria. Extensive reference checks were undertaken and an inspection of the ELM facilities and operations was undertaken. The Tender Evaluation Team is confident that ELM (WA) Pty Ltd will be able to successfully service the contract in accordance with the service level standards defined in the specifications and is therefore recommended as the successful tenderer.

Statutory Compliance

Tenderers have been invited and evaluated against the selection criteria in accordance with Section 3.57 of the Local Government Act and associated Local Government (Functions and General) Regulations 1996.

The Manager Contracts and Property has reviewed the tender selection process for fairness and compliance and is satisfied with the evaluation process and result.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 126

Strategic Implications

The Provision of Parks Maintenance Services to Stage 1 development within the Locality of Butler is consistent with the following City of Wanneroo Strategic Plan (2002-2005) goals and strategies:

“Environmental Sustainability 1.1 Conserve and enhance environmental assets Healthy Communities 2.6 Provide and manage infrastructure to meet the needs of our community”

Policy Implications

Nil

Financial Implications

The costs associated with the tender for the Provision of Parks Maintenance Services to Stage 1 development within the locality of Butler for a Period of Twenty One Months is accommodated through the approved 2005/2006 budget allocation for Parks Maintenance. The approved Parks Maintenance budget allows for the higher service levels and this annual additional cost over the next 40 years is offset by the developer contribution.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS Tender No 05527 from ELM (WA) Pty Ltd for the Provision of Parks Maintenance Services to the Brighton Stage 1 development within the locality of Butler, as per the schedule of rates and general conditions of tendering for a period of 21 months from 1 October 2005 to 30 June 2007.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 127

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 128

IN03-09/05 Tender No 05528 - Supply and Delivery of Clay Brick Pavers

File Ref: C05528V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachment(s): 1

Issue

To consider Tender No 05528 - The Supply and Delivery of Clay Brick Pavers.

Background

The supply of materials, works and services for use on construction and maintenance projects has been addressed in the past by the issue of period contracts. Tender No 05528 - The Supply and Delivery of Clay Brick Pavers was advertised on 13 August 2005 and closed on 30 August 2005. Prices are required to be provided in accordance with the Schedule of Rates table shown on Attachment 1.

The contract period is 1 October 2005 to 30 September 2006 and at the expiry of the initial contract period, the City may consider extending this contract for two additional periods of one year each or part thereof. Any extension will be in accordance with the same terms and conditions of the original contract and at the discretion of the City.

Essential details of the contract are outlined below.

Contract Type Schedule of Rates Contract Duration 1 Year Commencement Date 1 October 2005 Expiry Date 30 September 2006 Extension Permitted Yes Rise And Fall Included Yes – as per CPI

Detail

The Tender Evaluation Team comprising the Manager Infrastructure Projects and Coordinator Projects Construction, has evaluated the tenders in accordance with the following selection criteria:

1. price for the goods offered; 2. tenderer’s resources; 3. tenderer’s safety management; and 4. tenderer’s experience in providing goods similar to the goods.

Tender submissions were received from:  Bristile Operations Ltd  Midland Brick Company

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 129

The tender document included items for clay brick pavers of different sizes. The City’s requirement for clay pavers is dependent on the nature of projects and the type/make and colour of pavers used on existing infrastructure. In the past the City has purchased clay pavers from both Bristile (previously known as Metro) and Midland.

Both tenderers are assessed to have sufficient resources, experience and safety management processes in place to meet the City’s requirements. Prices offered by both tenderers are competitive prices and there is only a marginal increase from the current prices.

Midland Brick Company and Bristile Operations Ltd are the recommended Tender No 04388 suppliers. The recommendation for two clay brick suppliers is based on flexibility to ensure supply, colour, shape and size needs are met for projects and to enable matching of pavers used on existing infrastructure.

Consultation

Nil

Comment

Recommendations have been based on the tender evaluation undertaken as per the selection criteria included in the tender document.

It is appropriate to accept both tenders to provide flexibility in selection of colour/type of pavers to suit the nature of projects.

The recommended tenderers have previously been the City’s contractors for the tendered items.

Statutory Compliance

Tenders have been invited and properly evaluated against the selection criteria in accordance with Section 3.57 of the Local Government Act and associated regulations.

The Manager Contracts and Property has reviewed the tender selection process for fairness and compliance and is satisfied with the evaluation process and result.

Strategic Implications

The supply of clay brick pavers for use on construction and maintenance projects is consistent with the following City of Wanneroo Strategic Plan (2002-2005) goals and strategies:

“Healthy Communities 2.6 Provide and manage infrastructure to meet the needs of the community”

Policy Implications

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 130

Financial Implications

The extent of expenditure associated with this tender is dependent on the type of capital works projects approved in the Capital Works Programme. The cost of the works is directly charged to the projects. Expenditure for the maintenance works is charged to the Maintenance Works Operating Budget allocations.

The estimated cost for the supply and delivery of clay brick pavers for 2005/2006 is in the order of $25,000.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS Tender No 05528 from Midland Brick Company and Bristile Operations Ltd for the Supply and Delivery of Clay Brick Pavers for a period of one year as per the schedule of rates and general conditions of tendering.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 131

ATTACHMENT 1 ITEM DESCRIPTION Heavy Duty Clay Paving Bricks (Red and Terracotta) 1 Please specify dimension 2 Delivered to nominated Sites within the City of Wanneroo 3 Loaded on to Principal vehicles at the Contractor’s outlet High Performance Clay Paving Bricks (Red and Terracotta) 4 Please specify dimension: 5 Delivered to nominated Sites within the City of Wanneroo 6 Loaded on to Principal vehicles at the Contractor’s outlet MISCELLANEOUS 7 Additional cost for packs to be strapped in steel straps. 8 Minimum order 9 Additional cost for orders less than the minimal specified above TRAFFIC CONTROL 10 2 accredited controllers 11 3 accredited controllers 12 4 accredited controllers 13 Minimum charge for 2 accredited controllers 14 Minimum charge for 3 accredited controllers 15 Minimum charge for 4 accredited controllers OTHER PAVER TYPES WHERE AVAILABLE (TENDERER TO SPECIFY) 1 Please specify paver 2 Please specify dimension 3 Delivered to nominated sites within the City of Wanneroo 4 Loaded on to Principal’s vehicles at the contractor’s outlet

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 132

IN04-09/05 Tender No 05529 - Supply and Delivery of Concrete Brick Pavers

File Ref: C05529V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachment(s): 1

Issue

To consider Tender No 05529 - The Supply and Delivery of Concrete Brick Pavers.

Background

The supply of materials, works and services for use on construction and maintenance projects has been addressed in the past by the issue of period contracts. Tender No 05529 - Supply and Delivery of Concrete Brick Pavers was advertised on 13 August 2005 and closed on 30 August 2005. Prices are required to be provided in accordance with the Schedule of Rates table shown on Attachment 1.

The contract period is 1 October 2005 to 30 September 2006 and at the expiry of the initial contract period, the City may consider extending this contract for two additional periods of one year each or part thereof. Any extension will be in accordance with the same terms and conditions of the original contract and at the discretion of the City.

Essential details of the contract are outlined below.

Contract Type Schedule of Rates Contract Duration 1 Year Commencement Date 1 October 2005 Expiry Date 30 September 2006 Extension Permitted Yes Rise And Fall Included Yes – as per CPI

Detail

The Tender Evaluation Team comprising the Manager Infrastructure Projects and Coordinator Projects Construction, has evaluated the tenders in accordance with the following selection criteria:

5. price for the goods offered; 6. tenderer’s resources; 7. tenderer’s safety management; and 8. tenderer’s experience in providing goods similar to the goods.

Tender submissions were received from:  Blokpave  Midland Brick Company

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 133

The tender document included items for concrete brick pavers of different sizes. The City’s requirement for the concrete pavers is dependent on the nature of projects and existing type/make and colour of pavers used on existing infrastructure. In the past the City has purchased concrete pavers from Blokpave, Midland Brick Company and Atlas Group Pty Ltd, although on this occasion Atlas Group Pty Ltd has not submitted a tender bid.

Both tenderers are assessed to have sufficient resources, experience and safety management processes in place to meet the City’s requirements. Prices offered by both tenderers are competitive prices and there is a marginal increase from the current prices.

Blokpave and Midland Brick are the recommended Tender No 05529 suppliers. The recommendation for two concrete segmental paver suppliers is based on the flexibility to ensure supply, colour, shape and size needs are met for projects and to enable matching of concrete pavers used on existing infrastructure.

Consultation

Nil

Comment

Recommendations have been based on the tender evaluation undertaken as per the selection criteria included in the tender document.

It is appropriate to accept both tenders to provide flexibility in selection of colour/type of pavers to suit the nature of projects.

The recommended tenderers have previously been the City’s contractors for the tendered items.

Statutory Compliance

Tenders have been invited and properly evaluated against the selection criteria in accordance with Section 3.57 of the Local Government Act and associated regulations.

The Manager Contracts and Property has reviewed the tender selection process for fairness and compliance and is satisfied with the evaluation process and result.

Strategic Implications

The supply of concrete brick pavers for use on construction and maintenance projects is consistent with the following City of Wanneroo Strategic Plan (2002-2005) goals and strategies:

“Healthy Communities 2.6 Provide and manage infrastructure to meet the needs of the community”

Policy Implications

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 134

Financial Implications

The extent of expenditure associated with this tender is dependent on the type of capital works projects approved in the four year Capital Works Programme. The cost of the works is directly charged to the projects. Expenditure for the maintenance works is charged to the Maintenance Works Operating Budget allocations.

The estimated cost for the supply and delivery of concrete brick pavers for 2005/2006 is in the order of $55,000.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS Tender No 05529 from Blokpave and Midland Brick Company for the Supply and Delivery of Concrete Brick Pavers for a period of one year as per the schedule of rates and general conditions of tendering.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 135

ATTACHMENT 1

ITEM DESCRIPTION CONCRETE SEGMENTAL BRICK PAVERS – APPROXIMATELY 60MM THICK 1 specify dimension: 2 Delivered to nominated Sites within the City of Wanneroo 3 Loaded on to Principal vehicles at the Contractor’s outlet 4 Pack size coverage area (without gaps in between) per standard pack CONCRETE SEGMENTAL BRICK PAVERS – APPROXIMATELY 80MM THICK 5 specify dimension: 6 Delivered to nominated Sites within the City of Wanneroo 7 Loaded on to Principal vehicles at the Contractor’s outlet 8 Pack size coverage area (without gaps in between) per standard pack MISCELLANEOUS 9 Additional cost for packs to be strapped in steel straps. 10 Minimum order 11 Additional cost for orders less than the minimal specified above TRAFFIC CONTROL 12 2 accredited controllers 13 3 accredited controllers 14 4 accredited controllers 15 Minimum charge for 2 accredited controllers 16 Minimum charge for 3 accredited controllers 17 Minimum charge for 4 accredited controllers OTHER PAVER TYPES WHERE AVAILABLE (TENDERER TO SPECIFY) 18 specify paver: 19 specify dimension: 20 Delivered to nominated Sites within the City of Wanneroo 21 Loaded on to Principal vehicles at the Contractor’s outlet 22 Pack size coverage area (without gaps in between) per standard pack

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 136

IN05-09/05 Tender No 05531 - The Supply and Application of Fertiliser to Specified Parks Within the City of Wanneroo

File Ref: C05531 Responsible Officer: Director, Infrastructure Services. Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider Tender No 05531 for the Supply and Application of Fertiliser on Specified Parks Within the City of Wanneroo.

Background

To achieve “Industry Best Practice” in fertiliser application, quality tests were undertaken with regards to soil, leaf, pH and water on all of the irrigated parks within the City of Wanneroo. The results were collated and a comprehensive fertiliser programme was formulated which is specific to each site. Special consideration was given to turf sites where nutrient run off and leaching may occur. Specification for the supply and application of fertiliser was developed to reflect these specific requirements.

Detail

Tender No 05531 for the Supply and Application of Fertiliser to Specified Parks within the City of Wanneroo was advertised on 13 August 2005 and closed on 30 August 2005. Tender submissions were received from the following:  D & E Parker Pty Ltd trading as Lawn Doctor.  Turfmaster Facility Management

Essential details of the contract are outlined below.

Contract Type Lump Sum and Schedule of Rates Contract Duration 21 Months Commencement Date 1 October 2005 Expiry Date 30 June 2007 Extension Permitted Yes Rise And Fall Included No

The Tender Evaluation Team, comprising the Parks Maintenance Officer and Acting Coordinator Parks Maintenance, has evaluated the tender submissions in accordance with the following selection criteria:

1. Price (50%) 2 Tenderer’s previous experience with similar services and size contracts (20%) 3 Contract Management (10%) 4. Tenderer’s Resources (10%) 5. Safety Management (10%)

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 137

Price An overall ranking was determined by assessing prices contained within the schedules and estimated future programmed works.

This criterion represents 50% of the total score and resulted in the following ranking:

The total annual cost and the calculated estimated costs for the 21 month term of the contract are shown in the following table:

Tenderer Price Annually Prices For 21 Months Total Price in accordance with Total Price in accordance fertiliser programme. with fertiliser programme. D & E Parker Pty Ltd Trading as $92,665 $185,330 Lawn Doctor. Turfmaster Facility $104,167 $208,335 Management

Previous experience The two tenderers provided comprehensive tender submissions and have demonstrated experience in providing services of a similar size and nature. D & E Parker Pty Ltd Trading as Lawn Doctor held the City’s contractor for broad leaf weed control and the contract for fertiliser supply and application. Turfmaster holds the current contract for general weed control. Both companies have provided satisfactory services to the City of Wanneroo for over twelve years.

This criterion represents 20% of the total score and resulted in the following ranking:

Tenderer Ranking D & E Parker Pty Ltd Trading as Lawn Doctor 1 Turfmaster Facility Management 1

Contract Management The two tenderers have provided tender submissions that have demonstrated their ability to manage and service the contract. Both companies conduct themselves and exhibit a high level of professionalism, embracing modern technology and business practices

This criterion represents 10% of the total score and resulted in the following ranking:

Tenderer Rank Turfmaster 1 D & E Parker Pty Ltd I

Resources The tenderer’s resources contained in the tender documentation were examined in order to evaluate their ability to meet the requirements of the contract. Assessment of this criterion considered the tenderer’s staff resources and vehicles, plant/equipment and workshop support to manage the contract. This assessment included the number of personnel, direct labour, trade disciplines, qualifications/training and experience of key members of the company.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 138

Turfmaster was ranked higher than D & E Parker Pty Ltd Trading as Lawn Doctor in this category, however both companies provided comprehensive tender submissions and demonstrated that they had the resources to fulfil the requirements of the contract.

This criterion represents 10% of the total score and resulted in the following ranking:

Tenderer Rank Turfmaster 1 D & E Parker Pty Ltd 2

Safety Management Evidence of safety management policies and practices was assessed from the tender documents. The assessment for safety management was based on the tenderers’ responses to an Occupational Health and Safety Management System Questionnaire included within the tender documentation.

The two tenderers provided safety management systems. D & E Parker Pty Ltd achieved a higher ranking in this area than Turfmaster as they had a Safety Committee in place, designated Safety Representatives and incident/ accident report systems in place to investigate injuries involving all levels of the organisation.

This criterion represents 10% of the total score and resulted in the following ranking:

Tenderer Rank D & E Parker Pty Ltd 1 Turfmaster 2

Tenderer Summary During the weighted score analysis process, the two tenderer’s submissions were reviewed with the following observations:

  The key aspect of the tender evaluation is price.  Both companies have worked for the City of Wanneroo previously and have provided acceptable levels of service  Both companies addressed the selection criteria and were assessed as having the necessary resources, previous experience in carrying out services similar to the service including past record of achievement with similar contracts and safety management to undertake the works

The overall scoring of the tenders based on a weighted score is shown below:

Tenderer Ranking D & E Parker Pty Ltd Trading as Lawn Doctor 1 Turfmaster Facility Management 2

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 139

Comment

The tender submission by D & E Parker Pty Ltd trading as Lawn Doctor has been evaluated as the number one ranked tenderer in accordance with the assessment criteria and weighting as detailed in the tender document, and is therefore recommended as the successful tenderer. D & E Parker Pty Ltd Trading as Lawn Doctor has provided a consistent standard of workmanship on the previous occasions this company has worked for the City, with all work conducted in a professional customer service oriented manner.

Statutory Compliance

Tenderers have been invited and evaluated against the selection criteria in accordance with Section 3.57 of the Local Government Act and associated Local Government (Functions and General) Regulations 1996.

The Manager Contracts and Property has reviewed the tender selection process for fairness and compliance and is satisfied with the evaluation process and result.

Strategic Implications

The supply and application of fertiliser on specified parks within the City of Wanneroo for a period of twenty one months is congruent with the City of Wanneroo Strategic Plan (2002- 2005) goals and strategies

“Environmental Sustainability 1.1 Conserve and enhance environmental assets Healthy Communities 2.6 Provide and manage infrastructure to meet the needs of our community”

Policy Implications

Nil

Financial Implications

The costs associated with the Tender No 05531 can be accommodated through the approved budget allocation for Parks Maintenance Operations.

Voting Requirements

Simple Majority

Recommendation

That Council ACCEPTS the submission for Tender number 05531 from D & E Parker Pty Ltd Trading as Lawn Doctor. for the Supply and Application of Fertiliser on Specified Parks within The City Of Wanneroo for a Period of 21 Months (1 October 2005 to 30 June 2007).

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 140

Land Development

IN06-09/05 Subdivisional Retaining Walls over 3 Metres in Height, Brighton Stages 46 and 47, Ridgewood (WAPC 123987)

File Ref: SDS123987/S46V01 and SDS123987/S47V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachments: 3

Issue

To consider approval of retaining walls over 3m in height for subdivisional land development at part of Brighton Stages 46 and 47, Ridgewood (WAPC 123987).

Background

Council’s Policy No. DS6 allows walls up to 3m in height to be approved for construction by the City's Engineer (in this case the Director of Infrastructure). Consequently, where retaining walls exceed 3m in height Council’s approval is required.

Detail

Cossill and Webley Consulting Engineers, on behalf of the landowner/developer, Ocean Springs Pty Ltd (Butler JV), has designed retaining walls exceeding 3m in height in its development known as Brighton Stage 46 and 47, located east of Ridgewood Boulevard and south of Whitsunday Avenue, Ridgewood – refer Attachment 1 for location plan.

The design submitted highlights the level difference between the existing ground level at the western Mitchell Freeway Reserve boundary and the proposed lot levels required to gain access to Vanderlin Crescent. Previous discussions and submissions to Main Roads WA seeking approval to batter into the Mitchell Freeway Reserve have been unsuccessful. Due to this constraint, Cossill and Webley Consulting Engineers now require the proposed lots to be retained in their clients’ land. As a result, the walls have been designed as low as possible to reduce the wall heights at the Mitchell Freeway boundary - refer to lots highlighted on Attachment 2 and relevant sections and elevations on Attachment 3. A total of seven lots are affected, with the highest wall being 5.55metres.

Cossill and Webley Consulting Engineers has been carrying out the design, construction and superintendence of subdivisional development for this area. Justification for approval of the retaining walls as forwarded by Cossill and Webley is summarised as follows:

The earthworks have been designed to complement the existing topography within the limits of road grades and building requirements of level lots for residential properties. We have designed the finished levels to match the road levels of Vanderlin Crescent and Corinda Way.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 141

Please refer to the existing levels shown on Attachment 2 and note there is approximately a 5m height difference (at the highest point) between the existing ground levels at the Mitchell Freeway Reserve and the proposed lot levels. With these constraints, these retaining wall heights could not be avoided.

Approval to construct retaining walls exceeding 3m in height is now requested for Brighton Stages 46 and 47, Ridgewood.

Comment

The Department for Planning and Infrastructure approved the subdivision of land on 29 June 2004. The City received an engineering submission on 22 September 2004 for earthworks approval covering the southern portion of the subdivisional area, with approval on 1 December 2004.

The landform and subdivision design suggests that the proposed retaining wall heights are warranted in order to provide accessible lots. The cross sections through this land, as shown on Attachment 3, demonstrates how the retaining walls are constructed to provide level lots between the road levels and the existing levels of the Mitchell Freeway Reserve.

It is considered that these retaining walls do not have an adverse impact on the amenity of the surrounding area. A precedent exists for approving retaining walls of similar height where topographical constraints have existed.

It is therefore recommended that the proposed retaining walls of 3.0m in height and greater as noted be approved.

Statutory Compliance

Nil

Strategic Implications

The construction of the retaining walls over 3.0m in height is consistent with the City of Wanneroo Strategic Plan (2002/2005) goals and strategies:

“Environmental Sustainability 1.1 Conserve and enhance environmental assets Healthy Communities 2.2 Provide a cohesive system of integrated land use planning.”

Policy Implications

Application for approval to construct retaining walls exceeding 3m in height has been processed in accordance with Council's Policy No. DS6.

Financial Implications

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 142

Voting Requirements

Simple Majority

Recommendation

That Council AUTHORISES approval of the retaining walls proposed for Brighton Stage 46 and 47, Ridgewood (WAPC 123987), up to a maximum of 5.55metres in height and fully contained within the proposed lots as per the application drawings subject to a Building Licence being obtained before construction can commence.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 143

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 144

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 145

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 146

IN07-09/05 Subdivisional Retaining Walls over 3 Metres in Height, Part Lot 11 Brighton Stage 57, Ridgewood (WAPC 123987)

File Ref: SDS123987/S57V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachments: 2

Issue

To consider approval of retaining walls over 3m in height for subdivisional land development as part of Brighton Stage 57, Ridgewood (WAPC 123987).

Background

Council 's Policy No. DS6 allows walls up to 3m in height to be approved for construction by the City's Engineer (in this case the Director of Infrastructure). Consequently, where retaining walls exceed 3m in height Council's approval is required.

Detail

Cossill and Webley Consulting Engineers, on behalf of the landowner/developer, Ocean Springs Pty Ltd (Butler JV), has designed retaining walls exceeding 3m in height in its development known as Brighton Stage 57 located south of Ridgewood Boulevard, Ridgewood – refer location plan on Attachment 1.

The design submitted highlights the 10m level difference between the northern end of Ridgewood Boulevard and the lower level of Leveque Ramble. Adopting walls up to 3m in height to match the approved subdivision layout does not ensure the height difference is nullified. As a result, the walls have been designed with only four lots affected by walls over 3m in height -refer to lots highlighted on Attachment 2. The highest wall is 4.81 metres.

Cossill and Webley has been carrying out the design, construction and superintendence of subdivisional development for this area. Justification for approval of the retaining walls as forwarded by Cossill and Webley is summarised as follows:

The earthworks have been designed to complement the existing topography within the limits of road grades and building requirements of level lots for residential properties. We have designed the finished levels to match the existing road levels of Ridgewood Boulevard, Hinchinbrook Avenue and Leveque Ramble. Please refer to the existing levels shown on the attached design plan and note there is approximately a 10m height difference between the existing end of Ridgewood Boulevard and the existing end of Leveque Ramble. With these constraints, these retaining wall heights could not be avoided.

Approval to construct retaining walls exceeding 3m in height is now requested for Brighton Stage 57, Ridgewood.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 147

Comment

The Department for Planning and Infrastructure approved the subdivision of land on 22 June 2004. The City received an engineering submission on 26 April 2005 for earthworks approval covering the southern portion of the subdivisional approval area, with approval on 20 June 2005.

The landform and subdivision design suggests that the proposed retaining wall heights are warranted in order to match to existing building levels in this area. The cross sections of this land, as shown on Attachment 2, demonstrates how the retaining walls are constructed to provide level lots between the road levels.

It is considered that these retaining walls do not have an adverse impact on the amenity of the surrounding area. A precedent exists for approving retaining walls of similar height where topographical constraints have existed.

A Building Licence is necessary for all retaining walls before construction can commence.

It is therefore recommended that the proposed retaining walls of 3.0m in height and greater as noted be approved.

Statutory Compliance

Nil

Strategic Implications

The construction of the retaining walls over 3.0m in height is consistent with the City of Wanneroo Strategic Plan (2002/2005) goals and strategies:

“Environmental Sustainability 1.1 Conserve and enhance environmental assets Healthy Communities 2.2 Provide a cohesive system of integrated land use planning.”

Policy Implications

Application for approval to construct retaining walls exceeding 3m in height has been processed in accordance with Council's policy (Policy No. DS6).

Financial Implications

Nil

Voting Requirements

Simple Majority

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 148

Recommendation

That Council AUTHORISES approval of the retaining walls proposed for Brighton Stage 57, Ridgewood (WAPC 123987), up to a maximum of 4.81m in height and fully contained within the proposed lots as per the application drawings subject to a Building Licence being obtained before construction can commence.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 149

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 150

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 151

IN08-09/05 Street Tree Master Plan Review

File Ref: R/0013V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider review of the City’s Street Tree Master Plan (July 2004).

Background

Council adopted the City of Wanneroo’s Street Tree Master Plan (STMP) at its 10 August 2004 meeting (Item No TS03-08/04 refers) and noted that an internal review of the document would be undertaken by August 2005, with the outcome of the review referred back to Council for further consideration.

Detail

In considering the direction given by Council, Administration felt that it was appropriate that both internal and external comments on the STMP be sought as part of the review process.

Letters inviting feedback on the document were sent to all development and landscaping companies who were sent a copy of the STMP following its endorsement by Council in 2004. Of the 22 companies invited to comment, two responses were received.

Requests for internal feedback on the STMP were sent via email to various staff within the Infrastructure Directorate and included representatives from Infrastructure Planning, Infrastructure Projects and Infrastructure Maintenance.

Following the review process the feedback (both internal and external) was analysed and the suggested changes are summarised as follows: a) Reference being made to the City’s Recommended Climber, Groundcover and Shrub Species List within the Preface of the STMP. b) The inclusion of the species listed below, in Appendix C ‘Plant Information Sheets’ of the following plant species: Brachychiton gregorii Callistemon ‘Kings Park Special’ Eucalyptus melliodors E. ‘Torwood’ (hybrid of E. torquata) Hibiscus tiliaceus ‘Rubra’ Liquidamber styraciflua Melaleuca ericifolia M. pubescens Prunus x blireana Pyrus calleryana c) The provision of additional pictures of tree species where not already provided

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 152

d) Listing of common names in alphabetical order with scientific names alongside to act as a reference in case the scientific name is not known. e) Add a comment on the ‘Plant Information Sheet’ for olive trees (Olea europea) advising that they are not to be placed in paved areas or within Streetscapes f) Correct spelling mistake in the scientific name for Norfolk Island Pine g) Investigate use of the word “habit” instead of “habitat” h) Longevity be given a year value i) The provision of more information on flower displays (including colour), bird/insect attracting qualities, allergy potential, and branch droppers.

Consultation

Formal invitations by letter to provide feedback on the Street Tree Master Plan document were sent to development and landscaping companies on 16 June 2005, with the request that comment be forwarded by no later than 28 July 2005. Internal reviews were undertaken at various stages throughout the review process.

Comment

Analysis of the suggested changes and their suitability for inclusion in the STMP document has been summarised below.

 It is agreed that the City’s “Recommended Climber, Groundcover and Shrub Species List” should be referenced in the Preface of the Street Tree Master to allow the documents to be read in conjunction with one another.

 The following species have been investigated and are considered suitable for inclusion into the STMP: ­ Brachychiton gregorii ­ Callistemon ‘Kings Park Special’ ­ Eucalyptus melliodors ­ E. ‘Torwood’ (hybrid of E. torquata) ­ Liquidamber styraciflua ­ Melaleuca ericifolia ­ M. pubescens ­ Prunus x blireana ­ Pyrus calleryana

The remaining species, Hibiscus tiliaceus Rubra, is not supported as being suitable due to its growth habit, ie, seen to be more representative of a shrub rather than a tree:

 It is agreed that pictures or photographs of tree species, where available, should be added to allow for visual interpretation of specimens.

 Currently the ‘Plant Information Sheets’ included in Appendix C of the STMP, are listed by their scientific name in alphabetical order. Not all the species listed in the STMP have a common name. Despite this, it is considered appropriate that a list of common names in alphabetical order with the scientific names alongside to provide a quick reference for those users that may only be familiar with the trees by their common name.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 153

 Olive trees (Olea europea) were planted within streetscapes, such as in medians and in road reserves, in the early stages of some estates within the City. It became apparent that their dense growth and insufficient foliage clearance beneath the canopy obscures vehicle and pedestrian sightlines. In addition, their fruit drop is considered particularly hazardous along roads, footpaths and paved areas especially for pedestrians. Accordingly, the STMP should be modified to state that olives trees are not suitable to be planted in streetscapes or adjoining hardstand areas such as footpaths, paved areas etc.

 The scientific name for the Norfolk Island Pine was spelt incorrectly in the STMP. It is therefore noted that the spelling be changed from Araucaia heterophylla to Araucaria heterophylla.

 The word ‘habitat’ is used incorrectly as a heading in the STMP document to describe the growth habits. It should therefore be replaced with ‘habit’ to more accurately refers to the descriptions provided.

 It is considered useful for tree longevity to be represented in a year value, i.e. short < 50yrs, etc. This would require a review of the life expectancies for of tree species currently listed in the STMP to determine appropriate find a representation in years of each species life span. Exotic tree species will need to reflect life expectancy from an Australian perspective.

 Information on potential allergy causing trees has already been provided, where relevant, to assist in the technical decision making process with regards to the placement of trees within the streetscape and in parks. The inclusion of any further information is not seen as necessary as the intent of this document is to provide technical information relevant to the selection of trees for public use within the City and not as a botanical journal.

Statutory Compliance

Nil

Strategic Implications

The issues identified in the STMP are consistent with the City of Wanneroo Strategic Plan (2002-2005) goals and strategies:

“Environmental sustainability, 1.1 Conserve and enhance environmental assets 1.3 Support efficient use of water, energy and other resources 1.3 Foster a culture of environmental awareness, ownership and action within the community and organization.”

Policy Implications

The STMP will assist with the formulation of future policies relating to planning, management and enhancement of streetscape amenities within the City.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 154

Financial Implications

The STMP assists Administration in addressing street tree themes/species for capital and maintenance projects, Development Applications and Applications for Streetscape Approval. It also provides opportunity to review existing established areas to enhance the City’s streetscape and support the City’s Strategic Objectives.

The STMP also assists landscape designers engaged through the land subdivisional development proves to assess/design landscape themes that reflect the City’s direction in this regard.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. SUPPORTS modifications to the City of Wanneroo’s Street Tree Master Plan as follows: a) Section 1: to include a Preface noting that the Street Tree Master Plan should be read in conjunction with the City’s Recommended Climber, Groundcover and Shrub Species List. b) Appendix C Plant Information Fact Sheets to be amended to include the additional tree species listed below: Brachychiton gregorii Callistemon ‘Kings Park Special’ Eucalyptus melliodors E. ‘Torwood’ (hybrid of E. toquata) Liquidamber styraciflua Melaleuca ericifolia M. pubescens Prunus x blireana Pyrus calleryana . c) Provision of additional photographs of tree specimens where available. d) The provision of a reference list of common names. e) Additional information being provided for the Olive Tree (Olea europea). f) The incorrect spelling of the scientific name for the Norfolk Island Pine from Araucaia heterophylla to Araucaria heterophylla being rectified. g) The heading ‘Habitat’ being changed to the more suitable term ‘Habit’. h) The term ‘longevity’ being represented by a ‘year value’.

2. On completion of modifications noted in Item 1 above, REISSUES the City of Wanneroo Street Tree Master Plan as Version 1, September 2005.

3. Undertake a bi-annual review of the City of Wanneroo Street Tree Master Plan, with the outcome of the review endorsed under Delegated Authority of the Director Infrastructure.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 155

Infrastructure

IN09-09/05 Petition PT01-06/05 - Hepburn Avenue Extension from Mirrabooka Avenue to Alexander Drive

File Ref: R01/0007V01, CF-002V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachment(s): 1

Issue

To consider Petition PT01-06/05 – Hepburn Avenue extension from Mirrabooka Avenue to Alexander Drive presented at the 28 June 2005 Council meeting.

Background

Council considered a report (Item TS09-01/05 refers) at a meeting on 1 February 2005 regarding the Hepburn Avenue Extension construction project and resolved as follows:

1. “ENDORSES the action of Administration to accept the City’s Environmental Management Commitments: Hepburn Avenue Extension between Mirrabooka Avenue and Alexander Drive.

2. NOTES that the clearing and earthworks for Hepburn Avenue Extension between Mirrabooka Avenue and Alexander Drive will now commence on 21 February 2005 and there will be additional costs associated with additional watering for effective dust control which will be actioned as variations to the contract.

3. REQUESTS the Department of Land Information to change the purpose of Middleton Park (Reserves 47220 and 45406) from ‘Parks and Recreations’ to ‘Conservation and Recreation’.

4. NOTES that the introduction of a reservation category ‘Conservation and Recreation’ to the City of Wanneroo Town Planning Scheme will be considered through the development of the City’s Local Biodiversity Strategy.

5. LISTS funds for consideration in the draft 2005/2006 Conservation Capital Works and Operating Budgets for the development and staged implementation of the Middleton Park Conservation Management Plan.”

The clearing and earthworks commenced during March and were completed by Malavoca Pty Ltd in June 2005 as per the provisions of Contract Agreement 04376. Following the completion of the earthworks, 11 residents of properties backing onto the new section of Hepburn Avenue adjoining The Avenue, presented a petition raising concerns relating to security, privacy and traffic noise due to the construction of this section of Hepburn Avenue. This report outlines the details and recommendations to address their concerns.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 156

Detail

Following the receipt of this petition a site meeting was held with the petitioners to gain detailed knowledge of their concerns due to the proposed roadworks. This meeting was held on the afternoon of 14 July 2005 and attended by 10 residents, Ward Councillors and Officers from the City’s Infrastructure Directorate. It was agreed that the City would investigate options for amending the road design for a 900m section in the vicinity of The Avenue with a view to alleviate the concerns relating to:

 Traffic noise  Privacy and security primarily due to the height of the southern verge and pedestrians using the shared path on the southern side. It was also decided that a further meeting would be held with residents to discuss alternate options prior to consideration of this matter by Council.

The process undertaken by Administration to address residents’ concerns is detailed below:

Traffic Noise

Lloyd Acoustics, a professional acoustic consulting firm, was commissioned to undertake a Noise Impact Assessment due to the construction of Hepburn Avenue. This assessment was based on Main Roads WA’s “Noise Level Objectives” and Western Australia Planning Commission’s draft policy “Statement of Planning Policy – Road and Rail Transport Noise”

Noise data loggers at four locations selected in and around the proposed construction site were used to collect the traffic noise data. Noise Modeling was undertaken by using a computer program identified as SoundPlan 6.1 and also on the basis of on a number of factors such as:

 vehicle height being the source of noise  ground topography and road design  cadastral data  building heights  property fence heights  traffic data including percentage of heavy vehicles, vehicle speed and future traffic projections  pavement surface type

The results of the noise assessment for the Hepburn Avenue extension indicate that the Noise Level Objectives will be satisfied at all existing residences adjacent the Hepburn Avenue extension and thus, no further noise control treatment is considered mandatory. A full copy of the “Noise Assessment Study Report’ prepared by Lloyd Acoustics has been placed in the Elected Member s reading room.

Security and Privacy

At the site meeting on 14 July 2005, the residents suggested that lowering the road adjoining The Avenue would alleviate their privacy and security concerns.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 157

The City has reviewed the road design to lower Hepburn Avenue between Rangeview Road and Alexander Drive. A preliminary investigation of this suggestion indicated that this option is not supported due to:

 Proposed road levels at Rangeview Road/Hepburn Avenue intersection have been designed to accommodate a new gravity sewer and any changes to road levels will necessitate the need for the construction of a sewer pump station  Existing road levels of The Avenue have been in place since 1994 and any changes to design road levels would require reconstruction of a section of The Avenue  Existing batter (slope) on the northern side of Hepburn Avenue in the vicinity of The Avenue is already at the maximum slope of 1 in 3. This constraint exists due to the level of the existing lots adjacent to Hepburn Avenue on the northern side, in this vicinity.

It is also noted that the proposed road design has road levels much lower than those included in the preliminary design undertaken in 1997. Lowering the road, without the construction of a retaining wall on the northern side would require both carriageways to be located closer southwards to the properties backing onto Hepburn Avenue, which would most likely increase the noise impact on the adjoining properties.

Lowering the road design of Hepburn Avenue approximately 1m in the vicinity of The Avenue, and constructing a retaining wall on the Northern side was also considered. This option did not significantly reduce the finished level of the footpath on the southern side to give the required security or privacy to residences adjacent to this section. This option was therefore not considered to be a viable one given that only minimal benefits would be achieved.

The City has further investigated alternative design options to address the security and privacy concerns. As noted earlier these concerns are mainly due to the possibility of pedestrians using the shared path looking over the property fences, although some concerns have been raised about vehicles using Hepburn Avenue. Investigations have indicated that most of the property fences are 1.8m high and lowering the ground levels immediately behind the fences will make it very difficult for anyone to look over the fence while standing behind the fence.

To address the concern relating to pedestrians on the dual use path looking over the fences, the following two options have been developed;

Design Alternative Option 1 - This option includes lowering the road verge and shared path on the southern side and realigning the shared path on the southern side. Attachment 1 shows a typical cross section for this option.

Design Alternative Option 2 - This option includes construction of the shared path on the northern side. However, this option would still need to make provision for a future shared path on the southern side and the road verge would need to be lowered now.

These options were presented to the residents who attended the information session on 24 August 2005. Eight of the 46 residences were represented at this information session. A questionnaire/response form, detailing the alternative design options was given to those present at this session and mailed out to other residents of properties backing onto Hepburn Avenue who did not attend the session.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 158

Residents were requested to indicate their preferred option and make additional comments in the space provided on the questionnaire/response form.

Consultation

The petitioners and all property owners backing onto this proposed section of Hepburn Avenue have been consulted in the following ways:

 Site meeting held on 14 July 2005  An information session held on 24 August 2005 at John Moloney Clubrooms, Marangaroo  All residents invited to complete a response form indicating preference for their design option which included:

1. First option (No change), 2. 2nd Option (Alternative Design Option 1 - Lower verge and pathway on southern side) 3. 3rd Option (Alternative Design Option 2 - Lower verge on southern side and relocate pathway to northern side).

In total, 46 questionnaires were distributed, of which 18 responses (representing 16 properties) have been received, the majority of these being from residents that did not attend the information session or were involved in the signing of the petition. In addition to advising of their preferred option, some residents made comments on the response form as well. Details of residents’ comments, their preferred option and Administration’s responses are tabled below:

Preferred Resident Comment Administration Response Option Ideally, if the road (Hepburn 3rd Option The lowering of road is not supported due to Avenue was lowered it reasons explained in the Details section of this would mean less problems. report.

Main problem of Privacy and It is acknowledged that the brick wall for the Noise. I think an added property on the corner of The Avenue and height of three bricks to the Hepburn Avenue could be raised. However, the brickwall may be sufficient. exact extent and how to undertake this task will I would like to be on site to need to be investigated further from a check this with the surveyor. construction point of view. The property owner to be consulted further on the extent of works Wall situation needs to be required on the existing brick wall. reviewed. I'd like to have the opportunity to see the height, The viewing into properties by the traffic etc. in relation to my travelling along Hepburn Avenue is not property from a 4WD. considered significant. The first stage of construction is the northern carriageway, between 35 and 40m away (nearest lane). The traffic speed along this section will be will be 70kmph.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 159

It is not expected that drivers would be looking over their shoulder into properties whilst driving east to west along Hepburn Avenue. The future carriageway will be constructed approximately 20m away (nearest lane) from property boundaries, and at this distance, passengers may get a fleeting glimpse of properties. I am still astounded that a 3rd Option The City has considered all practical options. road can be built at this height. I firmly believe that Lowering the road by 1m (in its current location) another "alternative option" would require the construction of a retaining would be to install retaining wall along a portion of the northern verge of walls on the hill side of the Hepburn Avenue and the reconstruction of The road (north) to allow for the Avenue. This was considered but did not prove road to be dropped. I feel viable, as this option did not significantly reduce cheated! the finished level of the footpath enough to give the required security or privacy. Lowering the An alternative is to build a road by 1m (inclusive of the extra works retaining wall on the north required) is not considered to provide a side so the road could be substantial benefit. lowered 1 metre. The cost of this option is in the order of $200,000. Lowering the road verge on the southern side (design alternative 2) would still be required so that pedestrians could not look over fences into properties. We have recently purchased 3rd Option The heights of all property fences, backing on to 3 Etna Rise, Alexander Hepburn Avenue have been surveyed. The Heights, our settlement date fence heights are all in the vicinity of 1.8m is 2nd September 2005. The above ground level on the Hepburn Avenue side, earthworks are of importance except in one or two locations. for our sense of "security" If there is concern by a resident that the fence is and "privacy" due to the lower than 1.8m high, this can be investigated height of our fence and the further by the City current/original design level Nil 1st Option

Nil 3rd Option

Nil 3rd Option

Nil 3rd Option

I was just wondering what 1st Option The side access referred to by the resident is a will happen with the side pedestrian access linking Tyndall Circuit and lane access of Tyndall other adjoining streets with the pathway network Circuit, will it stay closed or in The Avenue. will it stay open? In my option it would be better if it This access way will remain unchanged.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 160

remained as it is now, because it might be safer for everyone, drivers and pedestrians. It is a small and quiet street. We are concerned about 3rd Option The alternative design option preferred by the privacy because our house resident allows for the road verge on the can be viewed by people southern side to be lowered. walking by the fence line. The distance to the footpath is approximately Also concerned about noise 10m from the property boundary at this location. levels because we already feel vibrations from The noise impact assessment study has machinery at the moment concluded that the traffic noise levels will be when passing by. within the acceptable limits and no noise control treatment is necessary. Nil 3rd Option

Nil 3rd Option Any chance of getting the 3rd Option A detailed assessment and liaison with the back fence higher property owner regarding raising the fence height will be undertaken. My main concern is to 3rd Option The height of the fence will be investigated prevent “no gooders” getting further by the City. entrance to my property over the rear fence of my property and stealing my belongings.

It would only take 2 persons to obtain entry by one lifting the other over this fence and stealing things of value and passing them over the fence. Nil 3rd Option Nil 3rd Option Nil 3rd Option

Comment

The detailed Noise Impact Assessment has established that the noise levels in the properties adjoining the new Hepburn Avenue carriageway are within the acceptable limits for built up areas. In the event of increased noise levels, the suggested noise control treatments include raising property fences or construction of a new fence in the road verge closer to the traffic lanes to act as a noise barrier. However, it has been clearly identified that none of these treatments is required in this case as the noise levels are lower than the base objective noise level of 63db, the specified maximum noise level.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 161

The Crime Prevention Through Environmental Design guidelines recommend that road designs shall be based on provision of;

 clear sightlines for passive surveillance  street lighting for illumination  landscaping including the ground covers with trees (no entrapment spots or hiding places)  infrastructure to ensure visibility of street and public spaces from pedestrians and traffic

The design of Hepburn Avenue allows for clear sightlines and passive surveillance. As part of the construction works, street lighting will be installed in compliance with the Australian Standard AS1158, which will further improve the security in this area. Careful consideration will also be given to landscape design to ensure compliance with CPTED principles.

To address the concerns regarding pedestrians overlooking, two alternate design options were presented for comment. These design options are summarised below:

The Design Alternative Option 1 presents the following benefits;

 The height of the shared path comes down to be level with the bottom of fence level  The pedestrian is not looking into properties from this level  The pedestrian is visible by drivers from the road and vice versa

The Design Alternative Option 2 presents the following benefits;

 Shared path is to be constructed at this stage on the northern side, away from the properties backing on to Hepburn AvenueCompleting earthworks associated with lowering the road verge on southern side now is cost effective and makes provision for a future shared path on southern sideLandscaping can be established on the southern side as part of the current project

The consultation process has indicated that the majority of resident responses prefer alternative design option 2. It is estimated that the earthworks to lower the road verge on the southern side will cost in the order of $50,000.

Administration will address residents’ comments adequately by consulting further with the residents whose properties would require fence adjustments. It is estimated that the cost to undertake fence adjustment works would be in the order of $15,000.

The preferred alternative design option 2 is considered a suitable outcome for the benefit of the community and the project. The design requirements for the Hepburn Avenue construction will be met and concerns relating to noise, security and privacy will also be adequately addressed by adopting this option.

Statutory Compliance

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 162

Strategic Implications

The extension of Hepburn Avenue is consistent with the following goals and strategies of the City of Wanneroo Strategic Plan (2002-2005):

“Healthy Communities 2.1 Achieve an understanding of our community’s needs – present and future 2.6 To provide and manage infrastructure to meet the needs of our community”

Policy Implications

Nil

Financial Implications

The additional cost to undertake earthworks associated with lowering the road verge on the southern side of the proposed Hepburn Avenue forms an essential part of the project cost. Hepburn Avenue Extension is mainly funded by the developer contributions in the adjoining land subdivision cells. It is therefore considered that these additional earthworks form part of the contribution portion of the project cost. It is proposed to expend this additional cost and recover the expenditure from the contributions made in the adjoining land subdivision cells.

Voting Requirements

Simple Majority

Recommendation

That Council:

1. ENDORSES the construction of a shared pathway on the northern side of Hepburn Avenue between Mirrabooka Avenue and Alexander Drive and reduction of earthwork embankment on the southern side to incorporate a future pathway as shown in the Attachment 1.

2. ADVISES the residents adjoining Hepburn Avenue of Council’s decision.

3. NOTES that subject to a detailed assessment and liaison with the property owners, a limited number of property fences backing onto Hepburn Avenue will need adjustment.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 163

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 164

Corporate Services

Finance

CS01-09/05 Harbourside Village Mindarie - Purple Title and the Rates and Charges (Rebates and Deferments) Act

File Ref: S28/0003V01 Responsible Officer: Director, Corporate Services Disclosure of Interest: Nil Attachments: 2

Issue

To consider advice received in relation to purple title arrangements under the Rates and Charges (Rebates and Deferments) Act, in particular Harbourside Village, Mindarie.

Background

The Rates and Charges (Rebates and Deferments) Act (the Act) provides for the administration of the pensioner concession scheme. In accordance with the Act, the Minister has issued a procedure manual to provide instructions and directions to be followed by local governments in the operation of the Act.

There have been some concerns raised by local government about the application of the pensioner concession scheme with respect to purple title properties. Under purple title arrangements, the owners purchase an undivided interest or share in the overall property and not a particular physical piece of the property. The owner is given a licence to exclusively use an area of the property, namely their home, and the land title records their undivided interest in the whole property.

The City receives pensioner applications from owners and records their relevant details against the property. Each year when issuing the rates notice, the City has also provided the Village Manager with a spreadsheet that identifies each share of the property and the relevant rebate if applicable for each share owner. The Village Manager then arranges to apportion the rates to the various owners based on their undivided shares in the property and any applicable pension concession.

Local Governments are only required to issue a rates notice to the owners of the property and hence the City has issued the one rates notice in previous years to the owners, care of Harbourside Village, Mindarie. This process is messy for the Village Managers of the property, as they need to calculate the amount due for each owner and issue accounts accordingly. At the same time, some residents have expressed their concerns about not receiving their own personal rates notices direct from the City, with their pensioner concession shown separately.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 165

Mirvac Fini have been lobbying the City and the State Government to issue individual rates notices but previous legal advice has confirmed that the City has no authority under the Local Government Act 1995 (the LGA Act) to issue rates notices to individual unit owners. Similarly, if any rates remain outstanding, debt recovery action must be taken against all the owners notwithstanding that some of the owners may have already paid their share of the rates.

Detail

In May 2004 and April 2005, the State Solicitors Office confirmed that while the Local Government Act 1995 does not permit an apportionment of rates, Section 28 of the Rates and Charges (Rebates and Deferments) Act does. The State Solicitor suggested that the apportionment of rates and concessions could be clarified by the inclusion of the required practice in the Procedure manual.

Accordingly, the Deputy Premier and Treasurer Minister has issued an amendment (Attachment 1 refers) to the procedure manual, with effect 1 July 2005 that requires local governments to:

1. Apportion both rates and concessions;

2. Request individual GRVs from the Valuer General’s Office and use these values as the basis for the calculation of the rates and rebates;

3. Provide each owner with a separate rates notice based on their individual unit’s GRV; and

4. Include any concession to which the owner is entitled on the rates notice.

Subsequent legal advice obtained by the City has confirmed that the City must comply with the procedure manual as the Act imposes a separate obligation on local government than under the LGA Act and must be complied with (Attachment 2 refers).

However, in the absence of an appropriate amendment to the LGA Act, if the rates payable by the owners are not paid in full, the City would be obliged under the LGA Act to recover outstanding rates from the owners as a whole, notwithstanding that some of the owners may have already paid their share of the overall rates.

Consultation

Nil.

Comment

The City is required to comply with both the Local Government Act and the Rates and Charges (Rebates and Deferments) Act. While the City has no option but to issue separate rates notices to each individual owner at Harbourside Village, there are concerns regarding the recovery of outstanding rates in the event of rates not being paid in full.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 166

Statutory Compliance

Section 1.4 of the Local Government Act 1995 defines the ‘owner’, where used in relation to land, as a person who is in possession as –

(i) the holder of an estate of freehold in possession in the land.

Section 6.41 of the Local Government Act 1995 requires a local government to give to the owner of rateable land a rate notice. In the case of purple title, the owners of the land are the individual holders of an undivided interest in the land.

Section 9(2) of the Rates and Charges (Rebates and Deferments) Act establishes the basis for the procedure manual referred to in this report.

Section 9(3) of the Rates and Charges (Rebates and Deferments) Act requires all employees, officers and members of an administrative authority must comply with the procedure manual.

Strategic Implications

Goal 4 – Corporate Management and Development

The maintenance of an equitable rating system is one of the objectives listed under Goal 4.

Policy Implications

Nil.

Financial Implications

The revised procedures have no financial impact on the City of Wanneroo, apart from the additional administrative costs associated with recording separate GRV for each individual unit of the Harbourside Village, and the issuance of resulting individual rates notices.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the advice from the Office of State Revenue and from Watts Woodhouse;

2. NOTES the conflicting obligations under the Local Government Act 1995 and the Rates and Charges (Rebates and Deferments) Act;

3. WRITES to the Minister for Local Government and Regional Development requesting consideration be given to an appropriate amendment to the Local Government Act 1995; and

4. RAISES the issue with Western Australian Local Government Association (WALGA) through the WALGA North Metropolitan Zone.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 167

ATTACHMENT 1 Page 1 of 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 168

ATTACHMENT 1 Page 2 of 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 169

ATTACHMENT 1 Page 3 of 3

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 170

ATTACHMENT 2 Page 1 of 2

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 171

ATTACHMENT 2 Page 2 of 2

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 172

CS02-09/05 Mindarie Regional Council - Rateability of the Land

File Ref: S28/0007V03 Responsible Officer: Director, Corporate Services Disclosure of Interest: Nil Attachments: 1

Issue

To consider the latest legal advice with regard to the rateability of land leased to the Mindarie Regional Council (MRC).

Background

Section 6.26 (1) of the Local Government Act 1995 (the Act) states that: -

“Except for this section all land within a district is rateable land.”

Section 6.26 (2) of the Act outlines land that is not rateable land, including: -

“(b) land in the district of a local government while it is owned by the local government and is used for the purposes of that local government other than for purposes of a trading undertaking (as that term is defined in and for the purpose

(c) land in a district while it is owned by a regional local government and is used for the purposes of that regional local government other than for the purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the regional local government.”

In addition to the above, the Minister may from time to time declare any land to be exempt under Section 6.26 (4) of the Act. Finally, under Section 6.47 of the Act, a local government can waive or resolve to grant other concessions in relation to a rate or service charge.

The City of Wanneroo has always rated Lot 118A Marmion Avenue, Tamala Park. The land is owned by seven (7) local governments, namely the Cities of Wanneroo, Joondalup, Stirling and Perth and the Towns of Vincent, Cambridge and Victoria Park in the following proportions:

City of Wanneroo one sixth City of Joondalup one sixth City of Stirling one third City of Perth one twelfth Town of Vincent one twelfth Town of Cambridge one twelfth Town of Victoria Park one twelfth

A portion of the land is leased to the MRC for the operation of the waste disposal facility. The land leased to the MRC covers 251.3 ha of the total land area of 432.1 ha.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 173

The rates for the land have been raised against the owners of the land and apportioned by way of a separate tax invoice issued to the above Councils, including Wanneroo and the MRC. The MRC receives an invoice proportionate to the area they lease, with the balance shared amongst the Councils based on the above one third, one sixth or one twelfth proportions.

One of the MRC member Councils raised the question as to whether the land leased to the MRC should be rateable under the Local Government Act 1995 and the MRC produced a legal opinion to support the view that the land was not rateable. The City sought their own legal advice and based on that advice, the City’s position was that the land was rateable.

Administration subsequently met with representatives of the MRC and their legal advisors at the offices of the City’s legal advisors, McLeods. A resolution to the satisfaction of the MRC was not reached and the MRC has written to the Minister seeking a determination under Section 6.26 (4) of the Act.

Detail

Following receipt of the abovementioned request from the MRC for a determination under Section 6.26 (4) of the Act, the Minister has sought advice from the Department of Local Government and Regional Development (the Department). The Department has subsequently sought the City’s comments prior to providing the Minister with a reply. In particular, the Department wanted to know whether the City would support the request for a rating exemption or whether the City would be prepared to utilise Section 6.47 of the Act and grant a concession to the value of the rates.

The City’s initial response was to confirm the previous position, ie the land was rateable and that the City would not consider the use of Section 6.47 to grant a concession. However, the City has also taken the opportunity of seeking a further opinion from McLeods on the matter. In summary, the latest advice from McLeods confirms their previous advice that the land is rateable. (See attached)

The City understands that the Minister has received contrary advice from the Solicitor General that supports the request for a rating exemption. It is also understood that the Minister would prefer the City and the MRC to negotiate a satisfactory outcome without the need for a determination under Section 6.26 (4) of the Act.

Consultation

The matter has been discussed at length with legal representatives from the City and from the MRC. The Director Corporate Services has also held discussions with the Chief Executive Officer of the MRC on this matter.

Comment

The intent of the Local Government Act 1995 with regard to regional local governments is clear in situations where the regional local government owns the land. However, in this case the land is leased by the MRC. In addition, Section 6.26 (2) of the Act does not cater specifically for land owned by more than one local government.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 174

While the City has received comprehensive legal advice that the land is rateable, it is understood that the Minister has received contrary advice from the Solicitor General suggesting that the land is not rateable. Should the Minister determine the land to be not rateable, the City would forgo $100,107 in rate income for 2005/2006, with the possibility of the matter being backdated to at least 2004/2005 when the issue was first raised with the Minister by the MRC, a further potential loss of $78,584.

Given the difference in legal opinions, it is now considered appropriate for the City to seek to resolve this matter before the Minister makes a determination.

Statutory Compliance

Section 6.26 (1) of the Local Government Act 1995 states that: -

“Except for this section all land within a district is rateable land.”

Section 6.26 (2) of the Local Government Act 1995 outlines land that is not rateable land, including: -

“(b) land in the district of a local government while it is owned by the local government and is used for the purposes of that local government other than for purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the lo

(c) land in a district while it is owned by a regional local government and is used for the purposes of that regional local government other than for the purposes of a trading undertaking (as that term is defined in and for the purpose of section 3.59) of the regional local government.”

In accordance with Section 6.26 (4) of the Local Government Act 1995 the Minister may from time to time declare any land to be exempt under.

Finally, under Section 6.47 of the Local Government Act 1995, a local government can waive or resolve to grant other concessions in relation to a rate or service charge.

Strategic Implications

Goal 4 Corporate Management and Development

The maintenance of an equitable rating system is one of the objectives listed under Goal 4.

Policy Implications

Nil.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 175

Financial Implications

For 2004/2005, the rates for Tamala Park amounted to $135,122, with the share for the MRC being $78,584.45. Following an increase in the Unimproved Valuation for the land, the rates for 2005/2006 are $172,130 and the proposed share for the MRC is $100,107. This amount does not include the Emergency Services Levy of $175 in 2004/2005 and $195 in 2005/2006. The ESL is payable regardless of whether the land is rateable or not rateable.

It is noted that pending resolution of this matter, neither the MRC nor Town of Victoria Park have paid their invoices for rates for Tamala Park for 2004/2005. The amount payable by Victoria Park is $4,717.56.

The following information on rates invoiced to the MRC and the impact of the rates on tipping fees has been provided by the MRC:-

2002/2003 2003/2004 2004/2005 2005/2006 Amount of Rates $43,379 $47,731 $78,584 $100,107 Total tonnage for the year 294,005 303,191 304,496 305,000 (Est) Total tonnage from City of 58,465 62,002 61,320 62,000 (Est) Wanneroo Effect of rates on tipping (per ton) 0.15 0.16 0.26 0.33 Impact of rates on Wanneroo $8,769.75 $9,920.32 $15,943.20 $20,460.00 tipping costs

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. BY ABSOLUTE MAJORITY GRANTS a 50% (fifty percent) concession for 2005/2006 to the Mindarie Regional Council, in accordance with Section 6.47 of the Local Government Act 1995, provided the concession is passed to user Councils in reduced tipping fees; and

2. WRITES to the Mindarie Regional Council and Minister for Local Government and Regional Development advising of their decision.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 176

ATTACHMENT 1 Page 1 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 177

ATTACHMENT 1 Page 2 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 178

ATTACHMENT 1 Page 3 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 179

ATTACHMENT 1 Page 4 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 180

ATTACHMENT 1 Page 5 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 181

ATTACHMENT 1

Page 6 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 182

ATTACHMENT 1

Page 7 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 183

ATTACHMENT 1

Page 8 of 8

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 184

Contracts and Property

CS03-09/05 Proposed Lease - Wanneroo Trotting Training Club Inc - Benmuni Road, Wanneroo

File Ref: S25/0107V01 Responsible Officer: Director, Corporate Services Disclosure of Interest: Nil Attachments: 1

Issue

To consider a lease to the Wanneroo Trotting Training Club Inc over portion of Reserves 19545 and 34616, Benmuni Road, Wanneroo.

Background

The Wanneroo Trotting Training Club Inc (WTTC) is affiliated with, and funded by, Racing and Wagering Western Australia (RWWA) and provides the only significant trotting training facility north of the river at its premises in Benmuni Road, Wanneroo. In the past WTTC hosted two (2) TAB meetings but more recently this number has been reduced to one (1) meeting per year.

WTTC has previously held a lease from the City over this facility, albeit for a lesser area as is proposed in this report, for a term of five (5) years which expired on 31 March 2004. In a letter dated 21 January 2004 the Club expressed a desire to renegotiate the lease. At the time Administration was in the process of a review of the City’s tenancy arrangements and a letter was sent to WTTC advising that their lease would remain in place on a monthly basis after its expiry, until the review was complete. Council adopted the new Tenancy Policy in April 2004.

Also in April 2004, RWWA approached the City advising that it was undertaking an economic review of racing and training facilities within the State and that the Wanneroo facility would feature highly as it was the only track in the northern region. Consideration would be given to capital upgrading of the facility and on that basis RWWA was interested in taking on a lease direct with the City. Under this arrangement it was proposed that WTTC would remain in a management capacity on behalf of RWWA.

Discussions with RWWA continued and at a meeting in December 2004 it was revealed that, as a result of its economic review, the Nanovich Park facility would remain almost exclusively as a training facility. Lease negotiations continued, however, in a letter dated 24 February 2005 RWWA decided not to undertake a lease direct with the City.

Throughout this protracted process WTTC had remained informed and the focus then diverted to the City negotiating a fresh lease arrangement with the Club.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 185

In May 2004 a preliminary discussion paper known as the East Wanneroo Land Use and Water Management Strategy was released. The paper addressed, amongst other issues, the possible urbanisation of the region, which surrounds Nanovich Park and the trotting facility. At the time of writing this report, details of the outcome of the planning scenarios discussed in the paper have not been finalised, however, it was recognised that it could have an effect on this property and therefore was factored into lease negotiations.

Detail

Several issues were raised as part of those negotiations, particularly in relation to the leased area (Attachment 1 refers) and the ability of WTTC to sustain the ongoing costs associated with the lease proposal given that the interior of the track, including the reticulation, the bore, toilet block and general grassed area were all not previously leased and therefore maintained by the City. The City currently checks and maintains the reticulation regularly, mows and maintains the interior of the track, maintains the bore, collects rubbish and maintains the grassed areas, cleans the toilets and provides consumables. It should be noted that the majority of the costs associated with these activities is in the provision of manpower.

The Vesting Order over Reserve 34616, which incorporates the majority of the leased area, provides that the purpose of the Reserve is ‘Equestrian Purposes and Trotting Track’, not public recreation. The use of the Reserve is clearly for the benefit of WTTC and its members and therefore these areas should be included in any lease.

It is proposed that the lease be for an initial term of five (5) years with an option for WTTC to renew for a further term of five (5) years. Given the possible impact of the East Wanneroo Land Use and Water Management Strategy it is proposed that, during the option period, the lease is to include a provision that would allow the City to issue a twelve (12) month notice of termination of the lease should the Reserve be required for ‘Public Recreation’ as part of that strategy.

Comment

Negotiations with WTTC have been finalised and the essential terms conveyed in a letter to the Club dated 12 August 2005, subject to Council and Ministerial approval, are as follows:-

Detail Comment/Estimated cost Lease Rental Payable annually in $1 pa. advance. Lease Term Five (5) years Commencement date 1 October 2005 Option Period Five (5) years Rates & Taxes Lessee responsibility Council rates $2,900 pa levied directly. Outgoings (water, electricity Lessee responsibility Most billed direct but etc.) electricity use for the bore is estimated at $2,000 pa. Building Insurance Lessee responsibility Buildings currently insured by the City and charged to

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 186

WTTC at $500 pa. Asset Preservation Levy Lessee responsibility $500 pa. Maintenance Lessee responsibility The premises include all buildings, structures, track, and interior of the track including reticulation, bore, toilets and grassed areas. Statutory Compliance Lessee responsibility

WTTC currently pays an annual levy to the City of approximately $1,200 per annum for water consumption, as a result of the use of the bore, currently paid to 31 March 2005. This charge would not apply under the lease proposal.

In the letter to WTTC it was suggested to the Club that it should prepare a business plan to provide a clear direction and purpose for the Club and to consider other factors that might affect the future of the industry as a whole. It was also suggested that the Club should continue to foster its relationship with RWWA and explore the possibility of funding through the Department of Sport & Recreation.

Statutory Compliance

The lease would be considered an exempt disposition under Regulation 30(2)(b) of the Local Government Act 1995, which states:

“30(2) A disposition of land is an exempt disposition if – (b) the land is disposed of to a body, whether incorporated or not – (i) the objects of which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and (ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;”

The proposed lease is situated on portion of Crown Reserves 19545 and 34616, which are vested in the City under Management Orders for the purpose of ‘Recreation’ and ‘Equestrian Purposes and Trotting Track’ respectively, with the power to lease, for a term not exceeding 21 years subject to the consent of the Minister for Lands. Such consent has not as yet been obtained.

Strategic Implications

The proposed lease is consistent with the City’s Strategic Plan as follows:

“2.6 Provide and manage infrastructure to meet the needs of our community.”

Policy Implications

Lease negotiations have been conducted in accordance with the City’s Tenancy Policy.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 187

Financial Implications

The City will no longer receive the income from the current water levy, however, the shifting of responsibility for maintenance of the additional areas and the cleaning costs of the toilets onto WTTC will result in considerable savings to the City, predominantly in manpower costs. The existing use of maintenance crews and equipment can be better utilised in other areas of the City, as required.

WTTC will have an increase in operating costs with its additional responsibilities however discussions with the club President resulted in general agreement, after some initial reservations, that the club would have the financial resources to cope with those increases (Financial Statements for the club for the period ended 21 June 2004 show a respectable cash reserve of over $31,000). The club has had an excellent record in paying any accounts from the City and there are currently no outstanding amounts for payment.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the proposed changes in the area to be leased by the Wanneroo Trotting Training Club Inc from previous arrangements and the consequential transfer of maintenance responsibilities from the City to the Lessee;

2. APPROVES the leasing of portion of Reserves 19545 and 34616 Benmuni Road, Wanneroo to the Wanneroo Trotting Training Club Inc for a term of five (5) years commencing 1 October 2005, at an annual rental of $1.00 in accordance with the current Tenancy Policy, together with an option to renew for a further term of five (5) years, subject to the consent of the Minister of Lands being obtained; and

3. AUTHORISES the Mayor and Chief Executive Officer to affix the Common Seal of the City of Wanneroo and execute the lease between the City and Wanneroo Trotting Training Club Inc.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 188

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 189

Community Development

Community Services

CD01-09/05 Deed of Agreement – Community Aged Care Packages

File Ref: S07/0013V01 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider the Revised Community Care Deed of Agreement between the Department of Health and Ageing and the City of Wanneroo.

Background

The City receives funding from the Federal Department of Health and Ageing for the provision of a Community Aged Care Package (CACP) program to eligible residents in the City. The City is funded to provide 18 packages, of which one third are reserved for those who are Culturally and/or Linguistically Disadvantaged (CALD) and a quarter are for those who can demonstrate personal financial hardship.

At the Council meeting of 28 June 2005, Council authorised the transfer of four Aboriginal and Torres Strait Islander (ATSI) Community Aged Care Package places from Southcare to the City of Wanneroo, (Council report CD05-06/05 refers), increasing the scope of the CACP program to address the complex care needs of four (4) ATSI individuals and the total of packages to twenty-two (22).

Subsequent to the approval of the transfer, the Secretary to the Department of Health and Ageing has revised the Deed of Agreement with the City of Wanneroo to reflect the transfer of the four ATSI specific places. This revised Community Care Deed of Agreement must be signed and dated by the authorised signatory and returned to the State Office for counter signing.

Detail

The transfer of the additional four Community Aged Care Packages means that the City is now funded to provide twenty-two Community Aged Care Packages. As an Approved Provider the City is required to sign a revised Community Care Deed of Agreement, indicating this increase. The Department of Health and Ageing has provided two copies of the agreement for dating and signature.

Consultation

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 190

Comment

Both copies of the Deed must be signed and dated by the authorised signatory and returned to the State Office for counter signing by the Delegate. One copy will be returned to the City and the other will be retained by the Department for their records.

Statutory Compliance

A Council resolution is required to allow the Mayor and Chief Executive Officer to affix the common seal of the City of Wanneroo.

Strategic Implications

The provision of Community Aged Care Packages is in line with the City’s Strategic Plan in the following areas:

“2.5 Foster a community that finds strength in its diversity; and 2.7 Provide community focussed services and lifestyle opportunities”

Policy Implications

Nil

Financial Implications

There are no financial implications. Payment is made to the City subject to a monthly Payment Claim submitted by the City to the Department of Health and Ageing, based on services already provided to eligible clients.

Voting Requirements

Simple Majority

Recommendation

That Council AUTHORISES the Mayor and the Chief Executive Officer to execute and affix the common seal of the City of Wanneroo to the Community Care Deed of Agreement between the City of Wanneroo and the Federal Department of Health and Ageing.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 191

Leisure & Library Services

CD02-09/05 Arrangements for Heritage Collections Access and Management

File Ref: PA9/0001V01 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: 1

Issue

To consider Heritage Collection Access and Management arrangements following response from the City of Joondalup.

Background

The Heritage Collections of the former City of Wanneroo are jointly owned by the City of Joondalup and present City of Wanneroo.

The City of Wanneroo at its Ordinary Council meeting of 14 December 2004 resolved that Council (CD04-12/04):

1. AGREES to establish an officer level Heritage Collections Advisory Group that will advise the Councils on:- a) Policy drafting b) Negotiation of possible solution where access arrangements cannot be agreed c) Recommendations regarding the disposal of items that are jointly owned.

2. ENDORSES the Terms of Reference as per Attachment 2.

The City of Joondalup at its meeting on 9 August 2005 (CJ167-08/05) resolved that:

1. NOTES the establishment of a joint officer level Heritage Collections Advisory Group that will advise the CEO on (a) Policy relating to management of the collection (b) Negotiation of possible solution where access arrangements cannot be agreed (c) Recommendations regarding the management and disposal of items that are jointly owned.

2. Council ENDORSES the development of a Deed ofArrangement between the City of Joondalup and City of Wanneroo that encompasses the terms of reference for the group and the principles for borrowing items from the jointly owned Heritage Collection;

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 192

3. That Council in recognition of the shared history and heritage of the City of Wanneroo and the City of Joondalup, with the concurrence of the City of Wanneroo, Council transfers the 11 items relating to Kastoria and Sinagra listed in Report CJ167-08/05 from the Local Studies Collection to the Artefacts Collection;

4. As part of the Deed of Arrangement, arrangements for the Mayoral Chain are clarified.

Detail

A full copy of the revised Terms of Reference is provided at Attachment 1.

The differences between the resolutions of the two Councils are:

1. Proposal to develop a Deed of Arrangement between the two Cities

2. Offer by City of Joondalup to transfer the Kastoria and Sinagra items to the Artefacts Collections i.e. into the care and custody of the City of Wanneroo

3. City of Wanneroo to consider arrangements for Mayoral Chain

4. Protocols (City of Wanneroo) / Principles (City of Joondalup) changes include a) that Advisory Committee has ability to determine primary home base. b) Provision for external dispute resolution

5. Terms of Reference re-written by City of Joondalup as:

Introduction

This Committee will be an Officers Reference Group.

Name

The name of the Group is the Heritage Collections Advisory Group.

Objectives

 Develop policies in relation to the access arrangements between the Cities of Wanneroo and Joondalup pertaining to the jointly owned heritage collections.  Negotiate solutions where access arrangements between the two cities cannot be agreed.  Decide on permanent housing arrangements for memorabilia items.  Make recommendations on the management and disposal of items that are jointly owned.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 193

Tasks

To make recommendations on the following:

 Policy development  Collection development  Dispute resolution  Acquisition standards  Access arrangements between the two cities

Membership

Two officers from both the City of Joondalup and City of Wanneroo as appointed by the respective CEOs.

Meetings a) The Heritage Collections Advisory Group shall meet as required. b) Notice of meetings including an agenda shall be given to members at least 3 days prior to each meeting

Termination of Committee

Termination of the Committee shall be at the direction of either CEO.

Comment

The City of Joondalup’s resolution is consistent with the intent of the City of Wanneroo’s previous resolution. It addresses issues of care and custody of items, together with access, and makes particular reference to items from Kastoria and Sinagra that are held in high regard by the Council of the City of Wanneroo.

A Deed of Arrangement between the two Cities that encompasses the terms of reference for the group and the principles for borrowing items from the jointly owned Heritage Collection would enable the commencement of a working relationship to manage the jointly owned Collections.

The transfer of the Kastoria and Sinagra sister city items to the Artefacts Collection will require the City of Wanneroo to be able to provide suitable storage and display capacity to care for these items that have been stored in excellent conditions by the City of Joondalup. The City of Wanneroo should accept, in principle, the transfer of these items but should request the City of Joondalup to store these items until suitable long-term storage and display arrangements are in place. Items such as costumes cannot be on continuous display without causing damage to them.

The former City of Wanneroo Mayoral Chain has not been defined clearly as part of either the Artefacts or the Local Studies Collection. The Deed of Arrangement will provide an opportunity to resolve this situation to determine care and custody. Whilst the best outcome for the City of Wanneroo is for it to be allocated to the Artefacts Collection, it will always remain in the joint ownership of both Cities.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 194

The City of Joondalup amended Terms of Reference does not change the purpose of the objectives or tasks to be undertaken by the committee. The amendments reflect the legal status of an Officers Reference Group and should be endorsed. Similarly the changes to the Principles / Protocols do not represent any change in intent.

Statutory Compliance

Nil

Strategic Implications

The establishment of the Heritage Collections Advisory Group and the in-principle acceptance of the transfer of items to the Artefacts Collections is consistent with the City of Wanneroo’s objective to ‘Conserve our heritage for future generations’.

Policy Implications

Nil

Financial Implications

The acceptance of items into the Artefacts Collection will require suitable storage and quality display units. The City of Wanneroo does not have display units suitable for costume display and these will need to be purchased before display can commence. There is no provision for such an item in the Heritage and Museum 2005/6 operating budget.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. AGREES to the development of a Deed of Arrangement between the City of Joondalup and City of Wanneroo that encompasses the principles for borrowing items from the jointly owned Heritage Collection and clarifies arrangements for the Mayoral Chain.

2. AGREES to accept the transfer of 11 items relating to Kastoria and Sinagra from Local Studies Collection to Artefacts Collection when the City of Wanneroo is able to provide suitable long-term storage and display arrangements.

3. ENDORSES the changes to Terms of Reference and Protocols for the Heritage Collection Advisory Group as accepted by the City of Joondalup as detailed in Attachment 1.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 195

TERMS OF REFERENCE ATTACHMENT 1 Introduction PAGE 1 OF 2

This committee will be an Officers Reference Group.

Name

The name of the Group is the Heritage Collections Advisory Group.

Objectives:-

 Develop policies in relation to the access arrangements between the Cities of Wanneroo and Joondalup pertaining to the jointly owned heritage collections.  Negotiate solutions where access arrangements between the two cities cannot be agreed.  Decide on permanent housing arrangements for memorabilia items.  Make recommendations on the management and disposal of items that are jointly owned.

Tasks:-

To make recommendations on the following:

 Policy development  Collection development  Dispute resolution  Acquisition standards  Access arrangements between the two cities

Membership

Two officers from both the City of Joondalup and City of Wanneroo as appointed by the respective CEO’s.

Meetings a) The Heritage Collections Advisory Group shall meet as required. b) Notice of meetings including an agenda shall be given to members at least 3 days prior to each meeting.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 196

ATTACHMENT 1 Termination of Committee PAGE 2 OF 2

Termination of the Committee shall be at the direction of either CEO

Officer(s) responsible for Management of Committee

Director of Community Development, City of Wanneroo Manager, Libraries and Information Services, City of Joondalup

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 197

Ranger & Safety Services

CD03-09/05 Annual Appointments of Bush Fire Control Officers for the 2005/2006 Bush Fire Season

File Ref: S22/0012 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: Nil

Issue

To consider the annual appointment of Bush Fire Control Officers and Permit Issuing Officers.

Background

The City’s Chief Bush Fire Control Officer annually submits nominations for Bush Fire Control Officers to Council for appointment. These Officers provide a service in controlling bush fires and the issuing of burning permits during the restricted burning period.

Detail

All City of Wanneroo Rangers are required to be appointed each fire season to be Bush Fire Control Officers and the City’s Chief Bush Fire Control Officer is supportive of these appointments.

Consultation

The Volunteer Bush Fire Brigade has been made aware of the nominations for Fire Control Officers and Permit Issuing Officers and is supportive of these appointments.

Comment

The City’s Chief Bush Fire Control Officer is recommending the appointment of Bush Fire Control Officers and Permit Issuing Officers for the period 1 October 2005 to 30 September 2006.

Statutory Compliance

Council is required to formalise these appointments under the Bush Fires Act (1954).

Strategic Implications

Foster a culture of environmental awareness, ownership and action within the community and the organisation:

“Encourage community participation in the protection and conservation of environmental assets.”

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 198

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council APPOINTS the following officers to the designated positions for the 2005/2006 Bush Fire Season:

-Chief Bush Fire Control Officer

Mike Teraci (Ranger and Safety Services / FESA)

Deputy Chief Bush Fire Control Officers

Jeff Smith (Wanneroo Volunteer Fire Brigades) Ian Hammond (Wanneroo Volunteer Fire Brigades) Greg Kent (Ranger and Safety Services) Terry Olden (Ranger and Safety Services)

Bush Fire Control Officers

Michael Armstrong (Ranger and Safety Services) Callum Arnold (Ranger and Safety Services) Gordon Boettcher (Ranger and Safety Services) Roy Bone (Ranger and Safety Services) Darren Cole (Quinns Rocks Volunteer Brigade) Glynn Dobson (Ranger and Safety Services) Anthony Fisk (Ranger and Safety Services) Anthony McTaggart (Ranger and Safety Services) Roger Mansfield (Ranger and Safety Services) Clayton Medders (Ranger and Safety Services) Wes Miller (Ranger and Safety Services) Alex Morrison (Ranger and Safety Services) Fleur Niemann (Ranger and Safety Services) Michael O’Regan (Ranger and Safety Services) Sean Pender (Ranger and Safety Services) Mark Short (Ranger and Safety Services) Clint Walker (Ranger and Safety Services) Mark White (Ranger and Safety Services)

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 199

Peter Williams (Wanneroo Volunteer Brigade) Darragh Wills (Fire Support Volunteer Brigade) Steve Winters (Ranger and Safety Services) Thomas Zimmermann (Ranger and Safety Services)

Permit issuing Officers

Dale Clayton (Yanchep Volunteer Fire Brigade) Jayne Griffiths (Fire Support Volunteer Brigade) Resmie Greer (Ranger and Safety Services) Jayson Lindsay (Yanchep Volunteer Fire Brigade)

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 200

CD04-09/05 Application to Keep More Than Two Dogs

File Ref: P21/0878V01 Responsible Officer: Director, Community Development Disclosure of Interest: Nil Attachments: Nil

Issue

To consider an application for an exemption to Council’s Local Laws made under Section 26(3) of the Dog Act 1976 to keep more than two dogs.

Background

Clause 14 of the City of Wanneroo Animal Local Laws 1999 stipulates:

“A person shall not keep or permit to be kept on any premises more than:

a) 2 dogs over the age of 3 months and the young of those dogs under that age; or

b) 6 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated within a rural area or comprise a lot in a special rural area having an area of 4 hectares or more;

unless the premises is licensed as an approved kennel establishment or has been granted an exemption pursuant to section 26(3) of the Dog Act 1976 and have planning approval under the Town Planning Scheme.”

Detail

The following application has been made under the Dog Act 1976 and is submitted for consideration:

Address of Applicant Description of Dogs

27 Palermo Court, Merriwa Female Sterilised Brown Staffordshire Bull Terrier Female Sterilised Brindle Staffordshire Bull Terrier Not born yet

A Ranger has inspected the property to ensure that means exist on the premises at which the dog will ordinarily be kept for effectively confining the dog within the premises.

Address of Applicant Property Zoning Size of Property

27 Palermo Court, Merriwa Residential 0.0542 ha

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 201

Consultation

It has been the practice where an application is received by the City to keep more than two dogs, that residents immediately adjoining the applicant’s property in question have been consulted by letter to ascertain if they have any objections.

On this occasion the following objections have been received:

27 Palermo Court, Merriwa

Number of residents consulted: 4 Number of objections received: Nil

Comment

In considering this application for exemption, the following two options are available: a) Council may grant an exemption pursuant to Section 26(3) of the Dog Act 1976 subject to conditions; b) Council may refuse permission to keep more than two dogs.

27 Palermo Court, Merriwa

A check of the City’s records reveals that prior to this application being made no previous complaints have been lodged with Ranger and Safety Services in relation to the dogs at the premises.

The reason the applicant is seeking approval for a third dog is that one of their existing dogs is pregnant. A litter is due to be born mid September, from which one puppy will be kept. The puppy will remain with its mother until mid October.

Both dogs sleep inside the house and a large kennel is also situated outside for the dogs’ comfort. The left and right boundary fences are 2 to 3 metres in height, and the rear boundary fence is 4 to 5 metres in height. The gate is located on the west side of the house and is 2 metres in height and made of Timber Slats. There is ample shade and protection for the dogs. The backyard is of a medium size and allows for plenty of room for all three dogs.

The inspecting Ranger advised that the property is adequate for the confinement and exercise of the three dogs. The Ranger has recommended that an exemption to the City of Wanneroo Local Laws 1999 made under Section 26(3) of the Dog Act 1976 be granted.

Statutory Compliance

This application for exemption to Council’s Local Laws made under Section 26(3) of the Dog Act 1976 has been detailed in this report.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 202

Strategic Implications

“2. Healthy Communities To foster an identity that promotes lifestyle choice and provision of quality services and infrastructure Goal 2.5 Foster a community that finds strength in its diversity; Goal 2.7 Provide community focussed services and lifestyle opportunities.”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. GRANTS an exemption to the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep three dogs at number 27 Palermo Court, Merriwa subject to the specified conditions:

i) If any one of the dogs die or is no longer kept on the property, no replacement is to be obtained;

ii) Any barking by the subject dogs is to be kept to a minimum;

iii) This exemption may be varied or revoked if any complaints are received which are considered reasonable.

2. RESERVES THE RIGHT to vary or revoke, at any future date, the exemption given to the applicant should any relevant conditions be contravened.

3. ADVISES the adjoining neighbours of this decision.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 203

Governance and Strategy

Governance & Customer Relations

GS01-09/05 Donation Request to be Considered by Council

File Ref: S07/0057V02 Responsible Officer: Director, Governance & Strategy Disclosure of Interest: Nil Attachments: 1

Issue

To consider a request for a donation in accordance with the City’s Donations, Sponsorships and Waiver of Fees and Charges Policy.

Background

The Donations, Sponsorships and Waiver of Fees and Charges Policy requires applications for over $500.00 from individuals and organisations to be determined by Council. Consequently a report is prepared for Council meetings, coinciding with a period where applications of this nature have been received.

Detail

During this period, the City has received one request for sponsorship to be considered by Council. This request is summarised on the following pages. The application is included as an attachment to this report (Attachment 1).

Comment

Applicant 1 – Perth Juniors Soccer Club Name of Individual/s Fabio Castro, Nicholas Raso and Daniel Raso

Reside in City of Wanneroo Yes – Landsdale and Marangaroo

18 years of age or under Yes - 12

Event details Champions Youth Cup in Soccer to be held from 17 to 24 September 2005 in Carrara, Queensland

Commitment to providing a written report Yes regarding the event

Commitment to acknowledgement of the Not specified City of Wanneroo

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 204

Eligibility level Up to $200.00 per individual, to a maximum of $600 for a team. APPROVE a donation of $600.00 to Perth Juniors Soccer Club for sponsorship of Fabio Castro and Nicholas and Daniel Raso to Recommendation support the participation in the Champions Youth Cup in Soccer to be held from 17 to 24 September 2005 in Carrara, Queensland

Statutory Compliance

Nil

Strategic Implications

The provision of donations is aligned with the City’s strategic goals of developing and supporting Healthy Communities as follows:

“2. Healthy Communities Foster an identity that promotes lifestyle choices and the provision of quality services and infrastructure Goal 2.5: Foster a community that finds strength in its diversity Goal 2.6: Provide community focused services and lifestyle opportunities.”

Policy Implications

This report complies with the provisions and delegations of the Donations, Sponsorships and Waiver of Fees and Charges Policy.

Financial Implications

Budget 2005/2006 Elected Members Donations $30,000.00 Amount expended to date:-  Under delegated authority: $4,383.00  By Council Determination: $9,840.87 $14,223.87 Impact of approval of recommended application Sponsorships: $600.00 $600.00

Remaining Funds: $15,176.13

Voting Requirements

Simple Majority

Recommendation

That Council APPROVE a donation of $600.00 to Perth Juniors Soccer Club for sponsorship of Fabio Castro and Nicholas and Daniel Raso to support the participation in the Champions Youth Cup in Soccer to be held from 17 to 24 September 2005 in Carrara, Queensland.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 205

ATTACHMENT 1

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 206

GS02-09/05 Elected Members Allowances and Expenses Policy

File Ref: S09/0028V01 Responsible Officer: Director, Governance and Strategy Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider amending Council’s Policy relating to Elected Members Allowances and Expenses.

Background

In September 2000, Council adopted a policy relating to Elected Members Allowances and Expenses. Minor amendments to the policy were made in 2002 and 2003 clarifying the provision of stationery and office equipment to elected members in accordance with the Local Government Act 1995 and associated regulations. In July 2005 Council once again reviewed the policy in order to align elected members allowances with the newly adopted Local Government (Amendment) Act 2004.

Detail

Further discussions with elected members in regard to this policy indicate that members require some flexibility when choosing office equipment to meet their needs as well as an amendment to their uniform allowance.

Under “Office Equipment” it states that a book case will be provided. It is suggested that this statement be amended to read: “A bookcase and/or credenza.”

Furthermore under the provision of “Elected Member Uniform”, the inclusion of a set of cuff links to be added. Council can therefore consider these amendments to the Elected Members Allowances and Expenses policy in light of these requests.

Comment

Advice sought from the Department of Local Government and Regional Development indicate that elected members are required to declare a financial interest in this item due to the changes to the “Elected Member Uniform” provision. The Department has however been requested to provide Councillors with a determination under section 5.69 of the Local Government Act 1995 to allow elected members to consider this matter.

Statutory Compliance

The Elected Members Allowances and Expenses and are in accordance with the provisions of the Local Government Act 1995 and the Local Government (Amendment) Act 2004.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 207

Strategic Implications

Nil

Policy Implications

The purpose of the report is to review the policy in line with elected members requests.

Financial Implications

The financial implications of this policy is subject to budget approval annually.

Voting Requirements

Simple Majority

Recommendation

That Council AMEND the Elected Members Allowances and Expenses Policy as detailed hereunder to include the option of a bookcase and/or credenza and the provision of a set of cufflinks to be implemented from 20 September 2005;

Elected Member Allowances and Expenses Policy Owner: Executive Services Distribution: All Elected Members Implementation: September 2000 Reviewed: 13 August 2002 Resolution No: CE02-08/02, Revised 25th February 2003, Revised 10 June 2003, CE02-06/03, 19 July 2005, Resolution No:-GS02-07/05 Replaces: Policy 2.4 Provision of Equipment and Consumables Next Review: July 2007

Objective

To ensure that Elected Members receive remuneration and reimbursement of expenses in accordance with The Local Government Act (1995) and to ensure that they are not unduly out of pocket in carrying out their duties as elected members.

Statement

The Council recognises that in order to assist Elected Members in working effectively for the community, it is important to ensure that they are not unduly out-of-pocket in undertaking their role as elected representatives, within the guidelines prescribed by the Local Government Act 1995 and its Regulations. The Council also recognises that in providing elected members with allowances it is important to ensure that councillors who are also candidates for re-election are not unduly advantaged over those who candidates who are not currently candidates for election.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 208

With these issues in mind, Council has determined that the following allowances and reimbursements and conditions will apply to the City:

Mayoral Allowance

The Mayor shall receive an annual local government allowance of $60,000.

Deputy-Mayoral Allowance

The Deputy-Mayor shall receive an annual local government allowance of $15,000

Meeting Attendance Allowance

The Mayor shall receive an annual meeting attendance allowance of $14,000. All Councillors shall receive an annual meeting attendance allowance of $7,000.

These allowances shall be paid in lieu of meeting attendance fee and shall be fixed at the above amounts regardless of the meeting structure in place, or the number of meetings attended by a particular elected member.

Telecommunication Allowances

All elected members shall receive an annual telecommunications allowance of $2,400 to cover: -

 installation of a Council supplied fax/phone in the elected member’s home;  all other costs associated with telecommunication expenses incurred by the member while performing the functions of an elected member.

Travelling Expenses

All elected members shall be reimbursed for the actual cost of any travel expenses incurred as a result of attending any: -

 Council meeting, including Electors’ Meeting;  Meeting of a committee of Council;  Briefing sessions organised to brief elected members on the contents of a Council agenda, or on strategic issues which Council needs to be aware of for decision making purposes;  Attendance at an official function of council either held by council or invited through Council as the official council representative,  Attendance at a site where the matter is on the Council, Committee or a portfolio briefing Agenda; or  Portfolio briefing sessions.

The actual expenses incurred will be reimbursed unless travel expenses are claimed from further a field than an adjoining local government district AND the round trip claimed is more than 100km. In this case the elected member will be reimbursed the expenses of travelling between the outer boundary of an adjoining local government district and the council meeting.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 209

Actual travel costs if using a private car shall be determined in accordance with the Local Government Officers’ (Western Australia) Award Rates.

Childcare Costs

The actual costs of any childcare expenses incurred by elected members when attending:

 Council meeting including Electors’ Meeting;  Meeting of a committee of Council;  Briefing sessions organised to brief elected members on the contents of a Council agenda, or on strategic issues which Council needs to be aware of for decision making purposes;  Attendance at an official function of council either held by council or invited through Council as the official council representative;  Attendance at a site where the matter is on the Council, Committee or a briefing Agenda; will be reimbursed to a maximum of $20 per hour.

Mayoral Vehicle

A fully serviced and maintained council owned vehicle will be provided for the Mayor’s use to the standard of that provided to the Chief Executive Officer and to be replaced as part of the normal vehicle replacement program within the City’s light vehicle fleet.

Office Equipment

On request and at election elected members will be provided with any combination from the following list of office equipment: -

 a 4 or 2 drawer filing cabinet;  a briefcase/satchel;  a desk; and  an office chair;  a bookcase and/or credenza.  Other requests for items will be considered by the Chief Executive Officer

The maximum cost of equipment purchased by the City of Wanneroo for the use of Elected Members shall not exceed $1800 per elected member per 4 year term.

Replacement items will be provided subject to the approval of the Chief Executive Officer based on working condition and budget provisions.

All items to be purchased through the City’s Purchasing Service. An elected member may choose to have a similar item of equipment to that listed above provided that it is an item that is clearly to assist in the member’s role as an elected member, it serves to fulfil the member’s entitlement to that item of equipment and does not cost any more than the maximum allocation for office equipment.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 210

All office equipment provided to elected member’s remains the property of the City and must be returned when an elected member ceases to hold office. Elected members who have completed at least one term of office will be given the first right of refusal to purchase the equipment at the current market value on cessation of his/her term.

Information Technology

Each elected member will be provided with fully maintained and serviced (by Council’s Information Services Business Unit), Information Technology equipment to a standard similar to that provided to officers of the City and which will be treated as part of the City’s normal IT assets, whether leased or purchased.

An annual allowance of $1,000.00 per annum on the basis that elected members are responsible for the cost of operating related equipment including all consumables currently provided by the City and meeting the cost of the provision of an ISP address.

Elected members who have completed at least one term of office will be offered first right of refusal to purchase the hardware in the event that the City no longer requires the equipment. This right does not extend to software installed on the PC as this is covered by a licence agreement with the City.

Consumables and Stationery, including Postage

The cost of consumables and stationery associated with the role as councillor (excluding printed stationery supplied by Council and I.T. consumables) will be reimbursed to elected members, to a maximum of $300 per annum, on the receipt of a claim and a declaration that the consumables were used in performing the functions of an elected member and were not in any way associated with campaigning for election as an elected member. Elected members may choose to purchase their own consumables and claim re- imbursement on production of receipts, or access such items through the City. The administration will keep a total of costs incurred and notify elected members if the maximum allowance is reached.

Stationery to be supplied by Council:

Councillors will be provided with a maximum annual allocation of 1000 items of the following:

 Business cards  Councillor letterhead paper and envelopes;  Councillor Calling Cards  With Compliments Slips

In addition Councillors will be provided with Fifty corporate Christmas Cards to be arranged through Council administration.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 211

Elected Member Uniform Elected Members will be provided with the following uniform in black, navy or grey: Councillors: Commencement of Term/ Renewal of Term  One Jacket with an embroidered corporate logo in Gold.  Two pairs of trousers or combination of trousers or skirts to a maximum of two pieces.  One Corporate tie or scarf.  One Corporate Polo shirt.  One set of cuff links.

Renewal of Collection: Annually

 One pair trousers/ skirts  One tie/ scarf  One Polo shirt

Mayor

Commencement of Term/ Renewal of Term

 Two Jackets  Four pairs of trousers  Two Corporate Ties  Three Polo Shirts  One set of cuff links

Renewal:

 One Jacket  Two pairs of trousers  One tie  Two Polo shirts

Promotional Items

Each Elected Member will be provided with a maximum allocation of $300 per annum (subject to annual budget approval) for the purchase of Promotional Items from the City of Wanneroo Promotional Items collection in accordance with the Promotional Items Management Policy.

In addition the Office of the Mayor will be supplied additional promotional items to present on behalf of the City of Wanneroo.

Other Expenses

Council will only reimburse other expenses incurred by elected members after specific approval on a case by case basis.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 212

Final date For Lodging Claims

In order to maintain sound financial management claims for reimbursement of expenses for the previous financial year shall be lodged with the Chief Executive Officer by 15 July each year.

Responsibility for Implementation Executive Services

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 213

Chief Executive Office

General

CE01-09/05 Appointment of Acting Chief Executive Officer and Acting Director Governance and Strategy

File Ref: S24/0023V01 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider the appointment of an Acting Chief Executive Officer from 3 October 2005 to the 17 October 2005 and an Acting Director Governance and Strategy 3 October 2005 to the 17 October 2005.

Background

The Chief Executive Officer and the Director Governance and Strategy will be attending the 2005 Asia Pacific Summit in China from 3 October 2005 to 17 October 2005 inclusive and the Council is required to endorse the proposal by the Chief Executive Officer to appoint an Acting Chief Executive Officer and an Acting Director Governance and Strategy.

Detail

Under the Local Government Act (1995), Council is required to appoint both the Chief Executive Officer and any person acting in this position. The Chief Executive Officer requests approval to appoint the Director Corporate Services, Wayne Wright as Acting Chief Executive Officer and Manager Strategic Projects, Alan McGregor as Acting Director Governance and Strategy from 3 October 2005 to 17 October 2005 inclusive.

Comment

Nil

Statutory Compliance

The Local Government Act (1995) s5.3.6 requires that Council appoint the Chief Executive Officer. The Department of Local Government has confirmed that this also extends to the appointment of an Acting Chief Executive Officer. The Local Government Act further requires Council to endorse the recommendation of the Chief Executive Officer to appoint senior employees and again this extends to the appointment of an Acting Director.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 214

Strategic Implications

Nil

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. APPOINT the Director Corporate Services, Wayne Wright to the position of Acting Chief Executive Officer for the period 3 October 2005 to the 17 October 2005 inclusive.

2. ENDORSE the recommendation of the Chief Executive Officer to appoint the Manager Strategic Projects, Alan McGregor to the position of Acting Director Governance and Strategy for the period 3 October 2005 to the 17 October 2005 inclusive.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 215

CE02-09/05 Donations Determined Under the Delegated Authority of the Chief Executive Officer

File Ref: S07/0057V02 Responsible Officer: Chief Executive Officer Disclosure of Interest: Nil Attachment(s): Nil

Issue

To note donations applications considered and determined by the Chief Executive Officer during August 2005, in accordance with the provisions of the Donations, Sponsorships and Waiver of Fees and Charges Policy.

Background

The Donations, Sponsorships and Waiver of Fees and Charges Policy delegates the consideration and determination of requests for donations, sponsorships and the waiver of fees and charges under the value of $500.00 to the Chief Executive Officer.

Detail

During August 2005, the City received the following requests to be considered under the delegated authority of the Chief Executive Officer: -

 Two (2) requests for sponsorship,  Four (4) requests for a donation, and  Two (2) requests for a waiver of fees.

Comment

In accordance with the provisions and criteria nominated in the Donations, Sponsorships and Waiver of Fees and Charges Policy, determinations were made as listed in the recommendation to this report.

A complete list of original applications and assessments of each against the policy is available in the Elected Members Reading Room for further information.

Statutory Compliance

Nil

Strategic Implications

Nil

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 216

Policy Implications

This report complies with the provisions and delegations of the Donations, Sponsorships and Waiver of Fees and Charges Policy.

Financial Implications

The financial implications of this round of requests have resulted in expenditure in the Governance Donations Account (05201 0001 4402) of: -

 $1,850.00 from the 2005/2006 budget.

A remaining balance of $15,716.13 is available for the 2005/2006 financial year.

Voting Requirements

Simple Majority

Recommendation

That Council NOTES the delegated determination of requests received by the City in August 2005 for donations, sponsorships and waiver of fees and charges, which are as follows: -

Organisation Activity Action Reason

1. Hackett Request for a donation NOT APPROVE a The policy states that Foundation towards The Governor donation request 75% of the John Sanderson from the Hackett membership of a Leadership Foundation group needs to be City Scholarship and a book towards a book of Wanneroo entitled “Ride the and scholarship residents. This request Whirlpool – Speeches program does not satisfy this of Lieutenant General criteria in the policy John Sanderson AC” therefore cannot be support

2. Lions Club of Request for a waiver of APPROVE a Although this request Wanneroo/Kingsley fees for the hire of the donation of $300 to does not meet the Woodvale Lions Banksia Function the Wanneroo criteria of the policy, Club Room in the City of Lions Club and it was considered Wanneroo Civic Kingsley appropriate to waiver Centre on the 23 and Woodvale Lions this fees for this 24 September 2005 to Club for a waiver organisation in hold the Lions Clubs of fees for the hire recognition for the International District of the Banksia service that this 201W1 Annual Function Room on organisation provides Convention the 23 and 24 to the community. September 2005.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 217

Organisation Activity Action Reason

3. Wanneroo City Request for a donation NOT APPROVE a The policy states that Soccer Club of vouchers or donation request support will only be products to use as from the provided to a group prizes for the quiz and Wanneroo City once per year. This raffle to be held at the Soccer Club for group have already Beaumaris Bowling prizes for the quiz received support Club on 19 August night and raffle to specifically for the six 2005 be held at City of Wanneroo Beaumaris residents who are Bowling Club on participating in the 19 August 2005 event that this quiz night is being held to raise money for. It is considered that no further donation be provided.

4. Keady School of Australian Irish APPROVE a This request satisfies Irish Dancing Dancing donation of the criteria of the Championships to be $400.00 to the policy. held in Brisbane from Keady School of the 27 September to 1 Irish Dancing as The policy also states October 2005 sponsorship to that there is a cap of support the $600 support towards participation of any one event for each Dara McAleer and supporting group, Conor McCavana therefore both groups in the Australian that have applied for Irish Dancing support for the Championships to national event are be held in eligible for support Brisbane from the under the policy. 27 September to 1 October 2005.

Organisation Activity Action Reason

5. WA Academy of State and National APPROVE a This request is for Irish Dancing Championships in donation of $200.00 support towards two Irish Dancing held each to Jade Elkin, events, the state and on the 6 and 7 Elleanor Purser and national August and 28 Genevieve championships. The September to 2 Purser($600.00 total) state events have October in Morley to support their already occurred and Queensland participation in the therefore this is a respectively National retrospective request Championships in which does not Irish Dancing to be support the criteria of held in Queensland the policy. The request

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 218

from the 28 for support for the September to 2 national event October 2005. supports the criteria of the policy.

The policy also states that there is a cap of $600 support towards any one event for each supporting group, therefore both groups that have applied for support for the national event are eligible for support under the policy.

6. Banksia Grove Star Request for a Although this group Guides donation towards the APPROVE a have a one off joining fee it is considered cost of 12 books for donation of $400.00 the guides to work to the Banksia Grove appropriate to support this from to complete Star Guides to application to ensure their badges support the purchase of 12 books for the that the guides group can continue to guides to work from operate in this area at and earn their a lower cost to badges. members.

7. Halidon Primary Request for a waiver NOT APPROVE a The policy states that School P & C of fees for the hire of donation of $75.00 to if there is an entry fee the Alexander the Halidon Primary into an event that a Heights Community School P & C for a waiver of fees will not Centre for a waiver of fees for be considered. There fundraising event for hire of the Alexander is an entry fee of the school to be held Heights Community $10.00 for this event on 23 September Centre. therefore this request 2005. does not support the criteria of the policy.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 219

Organisation Activity Action Reason

8. Wanneroo Request for the APPROVE a It is considered Agricultural donation of a donation to the appropriate that the Society Inc perpetual trophy to Wanneroo City provide support be awarded to the Agricultural Society to this organisation by Show Exhibitor of a perpetual trophy way of a perpetual gaining highest and replica trophy trophy and replica points in all sections up to the value of trophy. Approval of of the Show, $150.00 for the Show this request supports excluding horse Exhibitor gaining this long standing events and must be a highest points in all successful community resident of the City sections of the Show event and recognises of Wanneroo. This excluding horse the benefit that it has trophy would be events and is a to the community. annually engraved resident of the City with the recipient’s of Wanneroo. name and retained by the City of Wanneroo for display and a small replica, donated annually by the Council would be awarded to the recipient.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 220

Item 9 Motions on Notice

MN01-09/05 Mayor Jon Kelly - Erection of Flag Pole

File Ref: S27/0072V01 Responsible Officer: Director, Planning & Development Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider the waiver of building licence fees for the erection of flagpoles.

Background

As a flagpole is considered a structure, the City of Wanneroo currently requires a building licence to be issues which attracts an associated building licence fee.

Detail

The celebration of Australian citizenship and pride is an important part of the Australia culture and is a civic responsibility that any local government should encourage. Whilst it is important that flagpoles are erected in the appropriate location and do not pose any dangers to either the owner of the property or the general public, it is believed not appropriate that a building licence fee be associated with the building licence application.

Statutory Compliance

The Local Government Act 1995 allows Council to amend its fees and charges after the adoption of the budget by first advertising any proposed change and the date for which the change will take effect.

Strategic Implications

Nil

Policy Implications

Nil

Financial Implications

The financial implications of this change are considered minimal in this regard.

Voting Requirements

Absolute Majority

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 221

Recommendation

That Council RESOLVES BY AN ABSOLUTE MAJORITY to require the erection of a flag pole to be considered by way of an application for building licence in the prescribed form, two copies of the specifications of, and two set of plans showing clearly, the structure, and the area of the land to be occupied by such a structure pursuant to the provisions of clause 374 of the Local Government (Miscellaneous Provisions) Act 1960. The payment of the prescribed fee under the City’s Fees and Charges Schedule (as reviewed and amended from time to time) in this circumstance is exempt for the purposes of this application and advertises the intention to amend the Schedule of Fees and Charges accordingly.

Administration Comment

A flag pole is currently considered to be a structure under the provisions of the Local Government (Miscellaneous Provisions) Act 1960. Consequently, it is subject to an approval being obtained from the local government prior to any structure being erected. This currently applies to all flag poles whether it is on residential, commercial, or industrial land. The current Act does not provide provision for retrospective approval and therefore, the local government is not empowered to issue a building licence if the structure is already erected.

It is also worthy to note that the Council has previously empowered the City’s Administration under delegated authority to exempt the requirement for building licences for what it considers to be “minor buildings”. Examples of these include, clotheslines, letterboxes, and cubby houses to name a few (PD6-06/00 refers). If the position is taken that structure such as a flag pole on residential land should be exempt from obtaining a building licence, there is the issue of duty of care which may/may not be removed from the Council. The integrity of a structure like a flag pole needs to ensure that its footings are of sound certification provides the Council with some assurance. A total exemption will make this difficult to regulate if in the first instance the City has not required an approval.

Clause 374(1) also states inter alia, that the submission of an application is the subject of “on payment of the prescribed fee”. If the Council wishes to waiver the fee prescribed under the City’s Fees and Charges Schedule, then a determination of the Council is required. The fee is based on a percentage of the value of works i.e., generally calculates to an amount of $74.00. This fee is not considered to be onerous given the total value of construction across residential, commercial, and industrial developments.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 222

MN02-09/05 Motion on Notice - Cr Salpietro - Establishment of Council Position on Future of Vegetable Growing Industry in the City of Wanneroo

Please note this Motion on Notice was withdrawn after the Agenda was published. Issue

To consider the establishment of a Council position on the future of the vegetable growing industry in the City of Wanneroo.

Background

Wanneroo has been an important vegetable growing district for many years. In July 2000, Council adopted an Interim Local Rural Strategy (LRS) which supported the continued role of Wanneroo as a valuable agricultural production area. (The Interim LRS was subsequently adopted as Local Planning Policy under City of Wanneroo District Planning Scheme No. 2 in December 2004).

Current State Government planning also recognises this district as an important vegetable growing area (e.g. Agricultural and Rural Land Use Planning Statement of Planning Policy No. 11).

However, some current state planning instruments, while recognising this value, also raise the possibility of longer term urban use, especially in the Nowergup and Carabooda areas (e.g. State Planning Strategy; Metroplan). This arises from the fact that while this district provides a vegetable growing industry on Perth’s ‘doorstep’, it also means that as Perth grows, the vegetable growing areas also came under increasing pressure, both in terms of urban development itself, as well as uses which tend to develop near the fringe of urban areas (e.g. rural living areas). Such uses can place pressure on the growers both in terms of displacement, as well as being near to growers and leading to complaints about issues such as smells, noise, sprays etc. associated with vegetable growing and obliging growers to alter their practices (at a cost) to reduce such impacts.

A number of initiatives are currently in progress which will affect the future of the City’s rural areas, including:

 East Wanneroo Land Use and Water Management Strategy (EWLUWMS) A Preliminary Discussion Paper was released for public comment in May 2004. This included three land use scenarios. A fourth land use scenario was released in November 2004. This showed a possible new horticultural area being established in the current pines area, to the east of Carabooda and Nowergup, irrigated with a water supply involving a managed aquifer recharge (MAR) scheme, involving treated urban wastewater.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 223

 Network City This was released for public comment in September 2004. It does not show any proposed land use changes for the rural area, and it is understood this is because it is intended that the final plan will show the outcome of the EWLUWMS study.

 State Irrigation Review Committee This Committee used the Carabooda area as a case study. Its report has just been released, and includes suggestions for a possible new horticultural area to the east of Carabooda, irrigated with water involving a MAR scheme.

 Managed Aquifer Recharge (MAR) Studies A number of agencies including Department of Environment, Water Corporation and the Department of Agriculture are investigating a possible MAR scheme as referred to above. The Minister for Environment has sought advice from the Environmental Protection Authority (EPA) on the environmental issues associated with this and a number of reports have recently been released on this matter.

 Gnangara Co-ordinating Committee Activities This Committee aims to provide coordination across government of the many activities currently happening which are affecting land and water planning and management issues on the Gnangara Mound.

A number of growers requested a meeting with the North Ward Councillor’s, Deputy Mayor and Councillor Ian Goodenough. The growers expressed their concerns and views and requested for a formal position from the City of Wanneroo so they can take the matter further in the knowledge of the City’s support.

Detail

In respect to the EWLUWMS study, the approach taken by the City to date has been basically to not take any formal position on that study until a draft EWLUWMS has been released for public comment, and Council is able to determine its position, having regard for the community views expressed.

Having become aware of many of the ongoing initiatives outlined above, many local growers are now approaching the City, expressing some concern about their future, and asking what the City’s position is on the matters concerned, and seeking some form of reassurance.

Comment

While it is still considered best to defer consideration of determining a position in respect to any detailed possible future land use pattern for the rural area until full community consultation has been undertaken, it is considered appropriate to now establish a position in broad terms upon some of the key issues involved so as to allay many of the concerns now being expressed by local growers.

This position can be seen to be largely reaffirming positions previously stated by Council on the issues concerned.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 224

Statutory Compliance

Nil

Strategic Implications

The recommended position would be consistent with the Environmental Sustainability and Economic Development goals of the Strategic Plan. This also includes a strategy to ‘Support a viable rural industry”, with a corresponding action to ‘Recognise those areas capable of sustaining long-term rural industry’.

Policy Implications

Relevant policies are:

 Interim Local Rural Strategy (referred to previously). The recommended position would be consistent with this.  Smart Growth Local Planning Policy The recommended position would be consistent with the following elements of this policy: . ‘Develop integrated wastewater management strategies to increase water efficiency. This is to include:… ii) Supporting the State Government in implementing the reuse of treated wastewater’. . ‘Protect and promote agricultural and productive primary industries. This is to include:… iii) Promoting integration of waste management systems including composting and the use of recycled water’.

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. SUPPORTS a viable and continuing vegetable growing industry in Wanneroo.

2. Is COMMITTED to a security of tenure for the vegetable growing industry in Wanneroo.

3. Is COMMITTED to adequate water supply for the vegetable growing industry in Wanneroo.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 225

4. ADVISES the State Government that it supports the current feasibility studies into the creation of a vegetable growing precinct, in the place of the Carabooda pine plantation, including the viability of the use of treated wastewater from Beenyup and Alkimos, and the economics of long-term lease and/or free hold ownership of lots by private growers within the precinct.

5. NOTES that the support given in 1. and 2. above is in respect to the future of vegetable growing industry in Wanneroo in general terms, and that in the course of consideration of submissions received on the draft East Wanneroo Land Use and Water Management Strategy (when released for comment), Council will consider the matter of which specific areas should be designated for long term vegetable production. Administration Comment

As noted in this report, a number of the City’s existing policies and strategies (including the Interim Local Rural Strategy Local Planning Policy and the Strategic Plan 2002-05 – Economic Development Goal) support a continuing role for agriculture in the City of Wanneroo. The City’s Economic Development Strategy, Section 5.3 – Rural Economy, Actions 21-27 also support this objective.

There are currently a number of State Government initiatives being progressed that are relevant to the City’s rural areas and water resources, and these will be presented to Council for consideration and/or information once released. Latest advice from the Department for Planning and Infrastructure regarding the EWLUWMS study is that the draft is now with the Minister for Planning and Infrastructure for consideration of release for public comment, with a decision expected by October 2005.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 226

MN03-09/05 Bus Embayment - Ocean Keys Boulevard, Clarkson

File Ref: R8/0025V01 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachment(s): Nil

Issue

To consider construction of a bus embayment on Ocean Keys Boulevard, Clarkson.

Background

In front of the main entrance of the Clarkson Shopping Centre there is a bus stop, but no embayment for buses to move aside to allow free flow of traffic.

Detail

When buses stop outside the Clarkson Shopping Centre all traffic is forced to stop behind them as the carriageway width does not allow vehicles to overtake. This in turn blocks the small lane which runs alongside of the Clarkson Library.

Skateboarders darting in and out between stationary cars stopped behind stationary buses exacerbate the problem.

Consultation

General discussions have been held with Clarkson Library staff who have confirmed the situation arising from buses stopping in the carriageway.

Comment

The construction of a bus embayment in Ocean Keys Boulevard will allow passenger access to parked busses without restricting the flow of traffic along this street.

The completion of Stage 2 of the Clarkson Shopping Centre will result in an increase in traffic along Ocean Keys Boulevard which will exacerbate the current situation.

Statutory Compliance

Nil

Strategic Implications

The construction of a bus embayment in Ocean keys Boulevard, Clarkson is consistent with the following City of Wanneroo Strategic Plan (2002-2005) goals and objectives:

“Healthy Communities 2.3 Support and encourage the delivery of a safe and effective transport network 2.6 Provide and manage infrastructure to meet the needs of our community”

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 227

Policy Implications

Nil

Financial Implications

The construction of a bus embayment in Ocean keys Boulevard, Clarkson will require provision of funding in the Four Year Capital Works Program.

Voting Requirements

Simple Majority

Recommendation

That Council ENDORSES the construction of a bus embayment in Ocean Keys Boulevard, Clarkson at the bus stop location in front of the Clarkson Shopping Centre and lists funding for this project for consideration in the February 2006 budget review.

Administration Comment

In Ocean Keys Boulevard, opposite Cassano Boulevard, there are considerable constraints to the construction of a bus embayment. These include the removal of the pedestrian crossing nib that narrows the road. The distance across the road that pedestrians have to walk would be increased and the break in traffic has to be longer.

A bus bay must be at least 40m long and tapers over 17m on the departure side of the bus stop. At least 3 car bays will be removed and most of the footpath area on the main frontage in this area will be adversely affected.

The standard of design of Ocean Keys Boulevard as a “Main Street” is defined in the Clarkson District Centre Structure Plan. The intent is that Ocean Keys Boulevard is a slow traffic area with a mix of parking, pedestrians and public transport. The construction of a bus embayment is contrary to the ‘Main Street’ Planning of Ocean Keys Boulevard..

Bellevue Gardens and Neerabup Road are the two roads that should be encouraged for through traffic movements.

The Infrastructure Projects Unit is fully committed to the design and documentation of projects in the current budget. Should this project be brought forward then consideration would need to be given to the employment of consultant engineers to design, document and provide cost estimates.

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 228

Item 10 Urgent Business

Item 11 Confidential

CR01-09/05 Acquisition of Land for the Extension of Mirrabooka Avenue, Landsdale-Darch

File Ref: P12/0111V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil

Recommendation

THAT Council move into a Confidential Session to discuss this item under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

 (e)(ii) a matter that if disclosed, would reveal – information that has a commercial value to a person;

CR02-09/05 Settlement of a Claim for the Acquisition of Land for the Extension of Ocean Reef Road, Wangara

File Ref: R17/0022V01 Responsible Officer: Director, Planning and Development Disclosure of Interest: Nil

Recommendation

THAT Council move into a Confidential Session to discuss this item under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

 (e)(ii) a matter that if disclosed, would reveal – information that has a commercial value to a person;

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 229

CR03-09/05 Proposed Sale of Lot 232 (36) Dellamarta Road, Wangara

File Ref: C04369V01 Responsible Officer: Director, Corporate Services Disclosure of Interest: Nil

Recommendation

THAT Council move into a Confidential Session to discuss this item under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

 (e)(ii) a matter that if disclosed, would reveal – information that has a commercial value to a person;

Item 12 Date of Next Meeting

The next Ordinary Councillors Briefing Session has been scheduled for 6.00pm on Tuesday, 4 October 2005, to be held at the Civic Centre, Dundebar Road, Wanneroo. Item 13 Closure

CITY OF WANNEROO AGENDA OF ORDINARY COUNCIL MEETING 20 SEPTEMBER, 2005 230