MINUTES
ORDINARY COUNCIL MEETING
COUNCIL CHAMBERS 241 ROKEBY ROAD, SUBIACO
TUESDAY, 23 JULY 2019
COMMENCEMENT: 5:30PM CONCLUSION: 9:01PM
No responsibility whatsoever is implied or accepted by the City for any act, omission or statement or intimation occurring during an Ordinary Council Meeting.
The City disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during an Ordinary Council Meeting.
Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in an Ordinary Council Meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the City during the course of any meeting is not intended to be and is not taken as notice of approval from the City.
The City of Subiaco wishes to advise that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction.
Members of the public should note that no action should be taken on any item discussed at an Ordinary Council Meeting prior to written advice on the resolution of Council being received.
Agendas and Minutes are available on the City’s website www.subiaco.wa.gov.au
CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ...... 1
2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ...... 1
3. DISCLOSURE OF INTEREST ...... 2
4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ...... 2
5. PUBLIC QUESTION TIME ...... 3
6. PUBLIC STATEMENT TIME ...... 7
7. PETITIONS AND APPROVED DEPUTATIONS ...... 7
8. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ...... 7
8.1 Ordinary Council Meeting - 18 June 2019 ...... 7
9. ANNOUNCEMENTS BY THE PRESIDING MEMBER ...... 8
10. REPORTS OF COMMITTEES AND OFFICERS ...... 9
C1 Draft Heritage Strategy - Endorsement for the Purpose of Community Consultation* ...... 9
C2 Draft Environmental Plan 2019-2023 - Endorsement for the Purpose of Community Consultation* ...... 18
C3 Financial Statements and Reports for the Month Ending 31 May 2019* ...... 22
C4 Matters for Information* ...... 26
C5 Western Australian Local Government Association Annual General Meeting 2019* ...... 27
11. ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...... 48
11.1 National Redress Scheme ...... 51
11.2 LPS5 ...... 48 11.3 Subiaco Council’s Future Sport Space ...... 49
11.4 Subiaco Council’s FOI Assistance to Applicants ...... 55
11.5 Select Committee into Local Government ...... 57
12. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY A DECISION OF THE MEETING ...... 59
13. MEETING CLOSED TO THE PUBLIC ...... 59
14. CLOSURE OF MEETING ...... 59
*Separate attachments 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS
I declare the Ordinary Council Meeting of the 23 July 2019, held in Council Chambers at the City of Subiaco, open at 5:30pm.
I welcome Councillors, Staff, the Media and Members of the Community.
On behalf of the City of Subiaco, I acknowledge the Whadjuk Noongar people as the traditional custodians of the area. We recognise their cultural connection to the land and waterways of Subiaco, and their continuing contribution to our City.
2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE
Elected Members Present Mayor Taylor (Presiding Member) Councillor Gedero Central Ward Councillor Mansfield Central Ward Councillor Mummery Central Ward Councillor Richardson South Ward Councillor McMullen South Ward Councillor McAllister North Ward Councillor Stroud North Ward Councillor Nash North Ward Councillor Davis East Ward Councillor Matheson East Ward Councillor Rowe East Ward
Staff Members Present Rochelle Lavery Chief Executive Officer Marion Morton Director Community and Development Services Alan Millard Director Technical Services Paul Moll A/Director Corporate Services Alex Petrovski Manager Planning Services David Bentley Governance Officer Bianca van Wely Governance Support Officer Libby Walker Public Liaison
Apologies Nil
Leave of Absence Nil
Observers 13 members of the public 2 media
CITY OF SUBIACO 1 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
3. DISCLOSURE OF INTEREST
Cr Matheson declared an IMPARTIALITY interest on item 11.4 pursuant to regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of interest is:- “Impartiality” Related to my FOI application to the City of Subiaco and dispute regarding associated costs.
Cr Stroud declared an IMPARTIALITY interest on item 11.4 pursuant to regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of interest is:- “Impartiality” Related to my FOI applications to the City.
Cr Richardson declared an IMPARTIALITY interest on item 11.4 pursuant to regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of interest is:- “Impartiality” Related to my FOI application to the City.
4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
Nil
CITY OF SUBIACO 2 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
5. PUBLIC QUESTION TIME
Sharon Williams, Larundel Road City Beach, asked the following questions:
Question 1 Question one relates to the following dot points: I only become aware of the $4.5M car park proposal at Subi East after reading the article titled ‘Subi rates up as fees frozen’. (Western Suburbs Weekly, July 2, 2019) The State Government have yet to fund the master planning stage and there are many unknowns still to be explored and costed. The proposed $4.5M Subi East car park is the City’s largest and is a very significant investment. This car park investment is equivalent to over 34% of the capital expenditure budget of the City. In the City’s budget documents any decisions on major capital works must be ‘given proper consideration to the long term sustainability of decisions. New initiatives and the assets that support them must be considered in the context of their whole life cost.’ Can the CEO explain what community consultation has taken place prior to Council approving (18 June OCM) the allocation of $4.5M of ratepayers funds and provide the documentation, plans and/or business case which supports the early allocation of limited ratepayers’ funds for this proposed facility?
Question 2 The new high school and the WA Football Commission will be the dominant users of Subiaco Oval and the City already has 13 carparks in Subi East. Part of the rationale for the proposed $4.5M car park according to the City’s website is to cater for the ‘expected shortfall in parking in the medium to long term while providing parking for users of the facility and other possible surrounding facilities.’
Could the Mayor please clarify what facilities have been approved that are referred to in that rationale that warrant the allocation of funds at this early stage when the City has indicated the shortfall is recognised as being in the medium to longer term and why the City is seeking to fund car parking for future Government or privately owned facilities?
The Acting Director Corporate Services provided the following responses:
Question 1 In the 2019/20 Annual Budget a provision has been set aside for Council to consider and further investigate a car park, as stage one of the project. This will include a detailed business case prior to Council committing to the project.
The opportunity for such a facility and its location between the existing oval and the new school has been identified by the City in its Kitchener Common Masterplan. The Kitchener Common Masterplan was adopted by Council in March 2017 following community consultation on the North Subiaco Structure Plan and community feedback on different scenarios for Subiaco Oval. The masterplan was updated in August 2017 to account for the State Government's proposal and is a reference point for the City as it works with other key stakeholders.
CITY OF SUBIACO 3 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
The future opportunity for this facility, along with car parking, is also identified as a key priority for the precinct in the Memorandum of Understanding between the City and the State Government which was endorsed by Council in and signed in February 2018.
Landcorp also conducted community consultation on its vision concept for Subi East during February and March 2019. The vision concept identified possible community hub and investigation of basement car parking with activated ground plane between the oval and the new school. The community feedback highlighted concerns about public car parking for future use and the need for public amenities including active and passive sporting and recreation opportunities.
Further investigation to commence stage two, a shared, multiuse community facility, would need to consider funding, ownership and management of such a facility. Should a co-shared multi-use recreation facility be included in the final plans for the Subi East redevelopment, Council will consider the best outcomes for the community – in consultation with the community – before making a decision.
Question 2 As the Subi East redevelopment project progresses an opportunity may exist to deliver a shared, multiuse community facility as part of an agreement between the City and the State. Preliminary concept and visioning documents have identified a potential site between the existing oval and the new school. Car parking will be needed for future users of such a facility, including the broader community. The City has no intention to provide car parking facilities for exclusive use of either government or privately owned and operated facilities.
Jill Yates, on behalf of Rob Strugnell, 32 Troy Terrace Daglish, asked the following questions:
We are one voice among many. However I must explain our circumstances as it appears that either we have been overlooked or we have been basically gagged. Since the last full Council meeting of June 13th we have sent many emails and have zero response from Cr Peter McAllister.
In item C1 of this last meeting, Cr McAllister spoke to a motion which saw Council vote to accept that a petition (number 3) brought would be the reason that OUR zone would not change to either the officer recommended version of early 2018 or the version of early 2019. (see pp 31-32, Cr McAllister's points 4 and 5 re lots 201-204 Troy Terrace, Modification 33)
Background History 1. We are Currently R5O. We bought this change from what was Rl5, via a ministerial intervention, gazetted in December 2014. We are 50 metres from Hay Street. 2. For LPS 5 version 2018 we were to go from R50 to R60. This year the nominated change was to R80. 3. Across the road from our strip of 4 houses is a special 100 metre-long office building, the 15 street parking spaces are free of charge and filled by about 6.30AM. The building is long - have you seen it? You can easily, from Hay Street. It is zoned R80 Residential. You - this Council - have just supported it to go from R80 to R160. 4. 1 house away from us is R50 units. This council has just supported the units to go from R50 to R80. So, we stay at R50, across the road from R160 with street neighbours at R80.
CITY OF SUBIACO 4 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Meanwhile behind us was slated to go to R80. At the last Council meeting this changed to R15 because of ratepayers' intervention. This intervention then spilled into our street, and these other opinions then influenced decisions to do with us, not them. Our submitted comments about our street were utterly ignored.
To achieve what happened to our zoning, Cr McAllister applied a petition to do with Troy Terrace 1 kilometre away!!! (and nothing to do with us at all). This petition is falsely applied.
Contextually the arguments neighbouring people used to preserve Daglish from in-fill have now been ignored by these people - by seemingly getting a Councillor to put up a motion that is last minute, ad-hoc, unresearched and also, undisclosed to us.
We live the life of a commercial street. We have significantly asked to allow us to have commercial/residential zoning so that we can integrate with this activity; and with Hay Street 50 metres away being the border of the City's Activity Centre along which R160 will significantly proceed.
We want to do a design studio downstairs with residence above. Not complex. Oh and this fits all the State's new ideas around place activation, future new adaptable models of working from home and acknowledgement of creative industries.
Question 1 Please clearly explain why an irrelevant petition was used to justify this extreme ad-hoc new change in OUR R codes future designation; and
Question 2 Please explain how you can approve the Minutes of the last Council meeting based on these dodgy loose decisions and falsely applied petition?
The Chief Executive Officer provided the following responses:
Question 1 The matter was considered in light of public submission and officer comments. The Council made a determination taking into account all information presented to them.
Question 2 Council will consider the minutes later in this agenda and needs to determine whether they are a true and accurate reflection of the meeting.
Helen Leeder, 3 Cuthbert Street Shenton Park, asked the following questions:
The City has a Code of Conduct, although it can't be found by using the Search tool in the public section of the Website.
Question 1 When was it implemented, adopted and last reviewed by Council?
Question 2 Amongst other assumptions the Code of Conduct assumes that elected members will treat each other with dignity and respect, use the city’s resources responsibly and in the best interests of the City of Subiaco, and be responsible for their actions and accountable for their consequences.
CITY OF SUBIACO 5 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Does this condone using rate payers' money when making complaints - specifically ones that have been overturned - against fellow elected members?
The Acting Director Corporate Services provided the following responses:
Question 1 The City of Subiaco adopted its present Code of Conduct for Council Members, Committee Members and Employees, in November 2009. The Code of Conduct was last reviewed by Council on 25 March 2014.
Question 2 Council at its Policy and Priorities Committee in 2018 asked the City’s administration to prioritise good governance.
Under the Local Government Act 1995 (the Act) section 5.107(1) any person, including an Elected Member, who has reason to believe that a council member has committed a breach, is able to send a complaint of the breach to the CEO. Once a Complaint of a Minor Breach has been lodged with the CEO, the City is required under the Act to investigate.
CITY OF SUBIACO 6 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
6. PUBLIC STATEMENT TIME
Paul Clements, 102 Barker Road Subiaco, read a statement in relation to item 11.3.
Richard Shade, 41 Sadlier Street Subiaco, read a statement in relation to item 11.2.
Tony Costa, on behalf of Subiaco Oval Action Group, read a statement in relation to item 11.3.
Drew Palmer, 6 Salvado Road Wembley, read a statement in relation to item 11.3.
7. PETITIONS AND APPROVED DEPUTATIONS
Nil
8. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS
8.1 Ordinary Council Meeting - 18 June 2019
COUNCIL DECISION Moved Cr Davis / Seconded Cr McAllister That the Minutes of the City of Subiaco Ordinary Council Meeting held on Tuesday 18 June 2019 be confirmed as a true and correct record. CARRIED BY CASTING VOTE OF THE MAYOR 7/6 CRS GEDERO, MUMMERY, STROUD, MCMULLEN, RICHARDSON AND MATHESON VOTED AGAINST 6:09pm
CITY OF SUBIACO 7 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
9. ANNOUNCEMENTS BY THE PRESIDING MEMBER
This month we met to celebrate NAIDOC week. It is a time to celebrate the history, culture and achievements of Aboriginal and Torres Strait Islander people.
2019 is the United Nations International Year of Indigenous Languages. And the 2019 NAIDOC week theme is VOICE. TREATY. TRUTH.
Let’s walk together for a better future for all Australians and let’s share our knowledge through the voice of Indigenous Australia.
The indigenous voice of this country is over 65,000 years old and were the first words spoken on this continent. Languages that passed down lore, culture and knowledge for millennia. They are previous to our nation.
The City is proud to be working to promote and celebrate Aboriginal culture, history and the contribution of Aboriginal people. Our local Aboriginal Company and partner, Yirra Yaakin has helped us celebrate NAIDOC Week at the library. Yirra Yaakin presented “Djinda Kaatjin” which in Noongar means ‘to understand stars’ at a sold event.
We are also very grateful that Seantelle Walsh, shared and honoured the Noongar culture through illustrations on the front doors of this building.
There’s much to be thankful for and much to celebrate, but there remains much more for us to do to work towards reconciliation.
The collective voice of Aboriginal and Torres Strait Islanders has long called for a substantive treaty. A hope not yet realised.
At the every least we must own our history, every bit of it from the most beautiful to the most despicable. And true history must be told, must be heard, must be acknowledged. Because hearing our history will help us come to true reconciliation, with genuine healing.
VOICE. TREATY. TRUTH.
This is not just the history of our First Peoples – it is the history of all of us, of all of Australia.
We need to own it.
We will be stronger for it and we can move forward together.
Let’s work together for a strong shared feature.
CITY OF SUBIACO 8 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
10. REPORTS OF COMMITTEES AND OFFICERS
C1 DRAFT HERITAGE STRATEGY - ENDORSEMENT FOR THE PURPOSE OF COMMUNITY CONSULTATION*
REPORT FROM DIRECTOR COMMUNITY DEVELOPMENT Author: Manager Planning Services, Alexander Petrovski Coordinator Heritage and Projects, Sofia Boranga Date: 9 July 2019 File Reference: A/5151 Voting Requirements: Simple - more than half elected members present required to vote in favour
COUNCIL DECISION That Council: 1. Endorses the draft Heritage Strategy (Attachment 1) for the purpose of community consultation for a minimum of four weeks and requests the Chief Executive Officer to amend the Draft Heritage Strategy prior to advertising as follows: a. Include a description of the Burra Charter and its principles in the “Background" section of the document b. Update terminology referring to Heritage “places" and Heritage “assets" to ensure a consistency of terminology. Also include a definition; c. Include actions that may require further consideration for protection from potential damage to heritage properties during construction through conditions of planning approval; d. Add: "The Heritage Strategy considers tangible and intangible heritage of all cultures” to 2.2 (page7); and e. include an action to investigate the establishment of a Heritage Advisory Committee with appropriate terms of reference to further enable the City to achieve its goals as clearly outlined in the introduction of the Heritage Strategy. 2. Receives a report at the conclusion of the consultation period on the outcomes of consultation to consider adoption of the draft Heritage Strategy. CARRIED 9/3 CRS RICHARDSON, MCMULLEN AND MUMMERY VOTED AGAINST 6:50pm
OFFICER RECOMMENDATION Moved Cr Gedero / Seconded Cr Nash That Council: 1. Endorses the draft Heritage Strategy (Attachment 1) for the purpose of community consultation for a minimum of four weeks. 2. Receives a report at the conclusion of the consultation period on the outcomes of consultation to consider adoption of the draft Heritage Strategy.
AMENDMENT Moved Cr Stroud / Seconded Cr Rowe Add to the end of point 1 of the Officer Recommendation “and requests the Chief Executive Officer to amend the Draft Heritage Strategy prior to advertising as follows: a. Include a description of the Burra Charter and its principles in the “Background" section of the document
CITY OF SUBIACO 9 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
b. Update terminology referring to Heritage “places" and Heritage “assets" to ensure a consistency of terminology. Also include a definition; c. Include an action to require a further layer of protection from potential damage to heritage properties during construction through conditions of planning approval; d. Add: "The Heritage Strategy considers tangible and intangible heritage of all cultures” to 2.2 (page7); and e. include an action to investigate the establishment of a Heritage Advisory Committee with appropriate terms of reference to further enable the City to achieve its goals as clearly outlined in the introduction of the Heritage Strategy.
With the agreement of the Mover and Seconder of the amendment, change point c of the amendment to read: c. Include actions that may require further consideration for protection from potential damage to heritage properties during construction through conditions of planning approval; CARRIED 11/1 CR MUMMERY VOTED AGAINST 6:36pm
PROCEDURAL MOTION Moved Cr Matheson / Seconded Cr Richardson That under Meeting Procedure 7.1(g), the matter be referred to the next Ordinary Council Meeting. LOST BY CASTING VOTE OF THE MAYOR 6/7 MAYOR TAYLOR AND CRS MANSFIELD, MCALLISTER, NASH, DAVIS AND ROWE VOTED AGAINST 6:44pm SUBSTANTIVE MOTION That Council 1. Endorses the draft Heritage Strategy (Attachment 1) for the purpose of community consultation for a minimum of four weeks and requests the Chief Executive Officer to amend the Draft Heritage Strategy prior to advertising as follows: a. Include a description of the Burra Charter and its principles in the “Background" section of the document b. Update terminology referring to Heritage “places" and Heritage “assets" to ensure a consistency of terminology. Also include a definition; c. Include actions that may require further consideration for protection from potential damage to heritage properties during construction through conditions of planning approval; d. Add: "The Heritage Strategy considers tangible and intangible heritage of all cultures” to 2.2 (page7); and e. include an action to investigate the establishment of a Heritage Advisory Committee with appropriate terms of reference to further enable the City to achieve its goals as clearly outlined in the introduction of the Heritage Strategy. 2. Receives a report at the conclusion of the consultation period on the outcomes of consultation to consider adoption of the draft Heritage Strategy. CARRIED 9/3 CRS RICHARDSON, MCMULLEN AND MUMMERY VOTED AGAINST 6:50pm
CITY OF SUBIACO 10 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Additional Comments To ensure consistency across City documents the spelling of Noongar will be updated in this document to adhere to City guidelines. Changes to the document will be made following community consultation.
The following information is provided following in response to queries made at the 16 July 2019 agenda briefing.
Should the Burra Charter be referenced in the draft Heritage Strategy? Officers recommend to include an action to require the City to continue to implement the principles of the Burra Charter to guide all of the City’s heritage management practices/policies.
Should Commonwealth Legislation – Aboriginal and Torres Strait Islander Heritage Protection Act 1984 be referenced in the draft Heritage Strategy? There are no commonwealth registered Aboriginal sites in the City of Subiaco and the inclusion of this legislation is not considered necessary.
Terminology difference between heritage assets and heritage places Heritage assets and Heritage places terminology are used throughout the document and are the same thing. Following advertising officers recommend that the document be updated to use consistent terminology (Heritage Place) and include a definition.
Requirement for Local Government Inventory (now Local Heritage Survey) review? The Heritage Act 2018 and associated guidelines recommend regular reviews of the Local Heritage Survey.
Application of best practice heritage management to the City’s assets and private assets The Draft Heritage Strategy considers Local Government owned places to demonstrate how the City will lead by example in managing its own heritage. Privately owned heritage is guided by the Planning and Development (Local Planning Schemes) Regulations 2015 and relevant local planning policies which have been prepared to encourage best practice heritage outcomes. Heritage places of State significance are protected in the Heritage Act 2018.
Heritage Risk Register to consider risk of damage from development The risk register is intended to collate places at risk so that protection can be targeted through appropriate support measures, incentives and grants. The risk of damage from development applies to all properties, and is considered through conditions of planning approval, building permits and civil proceedings.
Investigate ways to provide further support to owners and managers of heritage listed places The City has a range of incentives and assistance measures to assist owners of heritage listed properties and the continued provision of these support measures are identified in Actions S1-S5. Action S6 states that the City will continue to investigate ways it can provide further support in this area.
CITY OF SUBIACO 11 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
All planning proposals which include heritage considerations are currently referred to the City’s heritage officer and/or heritage consultants.
Potential impact of development and the need to manage heritage assets Conditions of planning approval are used to manage impacts on heritage places and areas. An additional action can be included to require consideration of heritage protection from potential damage during construction through conditions of planning approval.
Adaptive re-use of heritage buildings Guidance to property owners on the adaptive re-use of heritage buildings is provided for in Local Planning Policies. The City’s Heritage Advisory Service also assists property owners when considering the adaptive re-use of heritage buildings. Universal access and environmental sustainability measures are all considered through the planning approvals process and the City works with the applicant to achieve an appropriate outcome that meets all requirements without adversely impacting heritage values.
Further scope to work collaboratively with landowners & developers The draft Heritage Strategy includes actions (S1 to S5) the City undertakes to support and assist land owners and developers with the conservation and enhancement of their heritage properties. Action S6 states that the City will continue to investigate ways it can provide further support in this area.
Investigation of external funding sources (State and Commonwealth) to protect the City’s heritage assets The City continually notifies relevant property owners when funding opportunities are available and the draft Heritage Strategy contains an action (PC11) in relation to this.
Consideration of technology such as apps and social media to promote heritage The draft Heritage Strategy includes actions (PC7, PC 17) around the promotion of heritage including the use of social media.
Acknowledge challenges (Population growth, Development especially in activity centres, meeting community expectations, planning permits need heritage protection overlay) The City’s documents considering population growth, development in activity centres and planning approvals continue to consider heritage. This is included as Action P2. o Community expectations are provided in the Strategic Community Plan. The draft Heritage Strategy implements the strategies and objectives in relation to heritage provided in the Strategic Community Plan.
Intangible heritage in respect to Aboriginal Heritage The draft Heritage Strategy considers tangible and intangible heritage of all cultures including Aboriginal Heritage.
Recommendation to establish a Council Heritage Advisory Committee
CITY OF SUBIACO 12 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
The draft Heritage Strategy can be updated to include an action to investigate the establishment of a Heritage Advisory Committee. The City currently provides heritage advisory services through a Heritage Officer, external consultants and the Design Review Panel (chaired by an architect specialising in heritage).
Executive Summary The draft Heritage Strategy is a whole of Council document which provides a framework under which the City’s heritage services can operate and implements the objectives from the Strategic Community Plan and Corporate Business Plan. At its Ordinary Council meeting in April 2016 Council resolved to endorse the preparation of a Heritage Strategy. Engagement with the community, City of Subiaco officers and Elected Members has informed the preparation of the draft Heritage Strategy. It is recommended that the draft Heritage Strategy is advertised for public comment for a period of no less than four weeks commencing in August 2019 and the results of the advertising be presented in a report to Council for consideration.
Background The draft Heritage Strategy translates heritage related objectives and strategies in the Strategic Community Plan and Corporate Business Plan into more specific prioritised strategies and actions grouped under the following four themes:
Knowing – identifying, assessing and documenting our tangible and intangible heritage.
This section contains a range of actions including developing and maintaining the museum and local history collections, and reviewing and updating the Local Government Inventory. Importantly it also contains a range of actions to ensure that information on the City’s heritage is available and easily accessible to all stakeholders.
Protecting – securing statutory protection for significant places and areas, developing policy/guidelines to assist decision making and appropriate management, managing City owned heritage assets in accordance with best practice, developing and conserving the museum and local history collection.
This section contains a range of actions ensuring that the City protects and properly maintains and manages City owned heritage assets, appropriately preserves the museum and local history collection and considers providing statutory protection to places and areas identified as having significant heritage value to the local community.
Supporting – incentives, advisory services, financial assistance, education and professional development.
This section includes actions that provide for opportunities to increase and build knowledge amongst all stakeholders as well as actions that provide for incentives and assistance measures to assist owners with the conservation and enhancement of their heritage properties.
Promoting & Communicating – measures to raise awareness and appreciation of our history and heritage.
CITY OF SUBIACO 13 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
This section contains actions that promote and celebrate the City’s social and built heritage in order to improve awareness, appreciation and understanding.
The preparation of draft Heritage Strategy was informed through engagement with the community, City officers and elected members. The results of the engagement process and a desk top survey of the City’s heritage management framework were collated into two reports Heritage Strategic Plan Community & Stakeholder Outcomes Summary and Analysis and Recommendations Report to Inform the Heritage Strategy. Both these reports are available to elected members in the For Information section of this report. Advertising the draft Heritage Strategy will provide a further opportunity for the community and various stakeholders to comment on and inform the content of the Heritage Strategy.
Heritage Strategies are not a statutory requirement however many local governments have prepared and adopted them. Examples of heritage strategies include the City of Vincent, City of Swan, City of Canning and City of Gosnells. The City of Subiaco’s draft Heritage Strategy has been prepared in accordance with ‘Heritage Victoria’s Municipal Heritage Strategies: A guide for Councils (2012)’.
Comment The importance of the City’s heritage to the local community is reflected in the Strategic Community Plan, first adopted by Council in 2012. Since this time the City has made significant progress in identifying, protecting, supporting and promoting its heritage. This includes the addition of 65 individual places on the Heritage List (bringing the total to 73), the adoption of nine heritage areas, the introduction of heritage incentives and assistance measures, and the continued promotion of the City’s heritage through awards, exhibitions and events.
The draft Heritage Strategy consolidates a clear framework for the City’s heritage management going forward so that the City can continue to achieve the objectives in the Strategic Community Plan, Corporate Business Plan and Local Planning Strategy. The Strategy enables the City to:
Provide clarity on both the City’s commitment and approach to the management of heritage in a way that is easily understood and accessed; Ensure that the approach to heritage management is co-ordinated and aligned across the organisation; Identify positive heritage measures already undertaken by the City; Identify the key issues that need to be addressed and budget for these; Appropriately manage and monitor the City’s heritage for the community; Increase efficiencies in consideration of available resources; and Create consistency and transparency in decision making.
The engagement activities undertaken prior to the preparation of the Heritage Strategy allowed various stakeholders to articulate their needs, desires and/or concerns in relation to the City’s heritage management and to assist in identifying appropriate responses and solutions. Advertising of the draft Heritage Strategy will allow further community and stakeholder input to make certain the Strategy accurately reflects the aspirations of the community. Once this feedback has been considered and incorporated the draft Heritage Strategy will be presented to Council for adoption.
The draft strategy groups strategies and actions under four themes based on ‘Heritage Victoria’s Municipal Heritage Strategies: A guide for Councils (2012)’. These themes
CITY OF SUBIACO 14 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES relate directly to the objectives and strategies relating to heritage contained within the City’s Corporate Business Plan.
This report seeks consent to proceed with community consultation on the City of Subiaco draft Heritage Strategy. (Attachment 1 – draft Heritage Strategy) The draft Heritage Strategy provides an opportunity to demonstrate a commitment to identifying, conserving and celebrating the City of Subiaco’s unique and rich heritage.
Consultation In December 2016 the City engaged consultants to assist with community and stakeholder engagement to inform the preparation of the draft Heritage Strategy and to analyse the consultation responses. The engagement approach included three stakeholder groups: The community; Elected members; and City staff.
The engagement undertaken included: 1 x community survey; 2 x community focus groups; 1 x Elected member workshop; 1 x staff survey; and 2 x staff focus groups.
The objectives of the engagement sessions were to receive feedback on the strengths and weaknesses of the City’s heritage management from strategic, operational and user perspectives and to explore a vision and objectives for the Heritage Strategy.
The results of the engagement process and a desk top survey of the City’s heritage management framework were collated into two reports which are available to elected members in the For Information section of this report. The reports identify strengths and key issues with the City’s Heritage Management, recommend a set of objectives to guide the development of the Heritage Strategy and provide key recommendations for managing the City’s heritage into the future. It is recommended that the Heritage Strategy is publicly advertised for a period of four weeks with consultation commencing in August 2019. Consultation on the draft Heritage Strategy will be advertised in Subi Scene throughout the consultation period, the City’s website, Facebook page, e-newsletters and by direct mail to heritage property owners, museum volunteers, the National Trust of WA, the Heritage Council of WA and other heritage related organisations with a connection or interest in the City of Subiaco.
A community survey via the City’s online engagement platform ‘Have your Say Subiaco’ will provide the opportunity for feedback on specific aspects of the draft strategy that the community can influence. These include the vision statement, the identified strengths and weaknesses of the City’s current heritage management and the proposed strategies and actions under the four key themes. Persons wishing to make a submission will be able to use the Online Survey, through letter and/or email.
At the conclusion of the public consultation period all submissions will be carefully considered and a report to Council will be prepared for consideration to adopt the Heritage Strategy.
CITY OF SUBIACO 15 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Strategic Implications The draft Heritage Strategy is consistent with the objectives and strategies in the Strategic Community Plan and Corporate Business Plan and translates the high level objectives and strategies in these plans into more specific prioritised actions.
Key objectives in the Strategic Community Plan relating to heritage include: Our sense of community – Objective One: A sense of identity achieved through an awareness of the City’s history. The built environment – Objective One: A built form with heritage value that is recognised, celebrated and protected. The built environment – Objective Two: A sustainable City that balances the requirements of an increasing population, whilst maintaining its unique character. Council leadership – Objective One: A leading council that is supported by an excellent organisation.
The preparation of a heritage strategy is identified in the Corporate Business Plan as a project that supports a number of the strategies.
Key strategies in the Corporate Business Plan relating to heritage include: 1.1.1 Ensure the community’s identity and local history is reflected, promoted and celebrated; 4.1.1 Support the conservation of heritage places; 4.1.2 Promote public awareness of heritage places; 4.1.3 Identify and protect significant heritage buildings, places and streetscapes; and 4.1.4 Ensure new developments are respectful of the built heritage and the character of the streetscapes. Statutory and Policy Considerations The Heritage Strategy will assist Council in meeting its obligations under the Heritage of Western Australia Act 1990, State Planning Policy 3.5 ‘Historic Heritage Conservation’, Planning and Development (Local Planning Schemes) Regulations 2015, and the City of Subiaco Town Planning Scheme No.4. On 27 June 2019 the State Government announced the gazettal of the Heritage Act 2018 for 1 July 2019 to replace the Heritage of Western Australia Act 1990 which is referenced in the draft Heritage Strategy.
The updated legislation is similar to the existing Heritage of Western Australia Act 1990 and relates to the protection and management of built heritage that is identified under the State Heritage Register and sets out the requirements for all local governments in Western Australia to prepare and maintain a Local Heritage Survey (referred to in previous legislation as Municipal Heritage Inventories).
The draft Heritage Strategy was digitally produced in June 2018 prior to the announcement of the gazettal of the updated legislation, and an update to the terminology will be undertaken following consultation. Risk and Asset Implications Adequately managing the City’s heritage assets as per the recommendations in the draft strategy will provide for a broad range of social, environmental and economic benefits for the whole community.
Financial Financial implications relate to the cost of the delivery and implementation of actions in the draft strategy.
CITY OF SUBIACO 16 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
The majority of actions in the Plan are accommodated within existing operating budgets. When additional funding is required for specific projects, this will be considered at the time of annual budget planning.
The success of implementing the strategy depends on adequate budget being allocated to actions within it.
Social and Environmental Implications There are no social or environmental implications for this report.
Attachments 1. Draft Heritage Strategy (28 pages)
For Information 1. Heritage Strategic Plan Community & Stakeholder Outcomes Summary (146 pages). 2. Analysis and Recommendations Report to inform the Heritage Strategy Plan (17 pages).
CITY OF SUBIACO 17 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
C2 DRAFT ENVIRONMENTAL PLAN 2019-2023 - ENDORSEMENT FOR THE PURPOSE OF COMMUNITY CONSULTATION*
REPORT FROM DIRECTOR TECHNICAL SERVICES Author: Manager Operations and Environment, Gray Stead Coordinator Parks Development, Nicholas Rayner Date: 9 July 2019 File Reference: A/5151 Voting Requirements: Simple - more than half members present required to vote in favour
OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Stroud / Seconded Cr Matheson That Council: 1. Endorses the draft Environmental Plan (2019-2023), (Attachment 1) for the purpose of community consultation for a minimum of four weeks. 2. Receives a report at the conclusion of the consultation period on the outcomes of consultation to consider adoption of the draft Environmental Plan. CARRIED 9/3 CRS RICHARDSON, MUMMERY AND MCMULLEN VOTED AGAINST 7:08pm
Additional Comments To ensure consistency across City documents the spelling of Noongar will be updated in this document to adhere to City guidelines. Changes to the document will be made following community consultation.
Executive Summary The purpose of the Environmental Plan is to identify the key directions and actions the City and its community will take to adapt its environment under current and changing climate conditions. The Draft Environmental Plan consolidates actions from a number of existing plans that are due to expire which will reduce duplication, improve reporting and simplify into one plan. The plan aims to: o Reduce water use within parks and open spaces; o Increase water re-use and use of fit-for-purpose water sources; o Maintain, or where possible improve, water quality in wetlands and water bodies; o Increase flora, fauna and green corridor connections across and beyond the City; o Minimise the spread of plant pathogens, and manage their effects; o Provide environmental leadership to the community and other stakeholders; and o Enable and support community action towards environmental priorities. The Community will be able to comment and provide general feedback about the draft environmental plan via an online survey in the Have Your Say Subiaco website. When the community consultation period concludes, the project team will consider all submissions received and prepare a report to Council with any recommended changes to endorse the Draft Environmental Plan (2019-2023).
CITY OF SUBIACO 18 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Background The City’s Environmental Plan was first adopted in May 2000 as a framework for guiding its environmental projects and initiatives. A review of the Environmental Plan resulted in the formulation of the Environmental Strategy 2006. This strategy was replaced with the Environmental Enhancement Plan (2012–2016) adopted by Council on the 3rd December 2012. This plan built on past successes and detailed new initiatives. The plan was comprehensive and has guided the City’s environmental works program to date. This has led to the development of additional management plans and activities, notably the Wildlife Enhancement Plan (2014-2019), the Plant Pathogen Management Plan (2015–2019) and the Climate Change Impacts and Adaption Plan (2015-2020).
Comment The Environmental Plan (2019–2023) consolidates the actions in the Wildlife Enhancement Plan, the Plant Pathogen Management Plan and Climate Change Impacts and Adaption Plan to reduce duplication, improve reporting and simplify into one plan. This plan further streamlines relevant actions identified in the Sustainability and Resilience Action Plan (2016–2021) and supports the delivery of specific objectives identified in the Urban Forest Strategy (2018–2022).
The purpose of the plan is to link actions in the Strategic Community Plan which will be measured and reported through the following Key Result Areas (KRA) in the Corporate Business Plan 2018 - 2021, Focus Area Two: Parks, Open Spaces and Places: Strategy 2.1.1 Preserve, enhance and maintain the urban forest Strategy 2.1.2 Continue to be at the forefront of supporting sustainable verges Strategy 2.1.3 Manage the City's parks and infrastructure in a way that is sustainable Strategy 2.1.6 Be proactive and innovative in its approach to environmental, sustainability and climate change Strategy 2.2.1 Ensure that parks, streetscapes, open spaces and public places are developed and utilised to maximum benefit for current and future community members
The actions from previous plans have, and will continue to deliver a number of achievements which are:
The Subiaco community has reduced its potable (drinking) water use by twenty- five per cent since 2015. In 2018, the City was awarded Platinum Waterwise Council of the year by the Water Corporation, for demonstrating leadership in waterwise operations and an ongoing commitment to create a water-sensitive community through various projects and programs. In 2019, the City was awarded Gold Waterwise Council of the year for leadership in waterwise operations. The City has replaced several playgrounds with a nature play experience. Every year, the City runs community education programs including an environmental volunteers program, awards, community planting events, waterwise gardening workshops, demonstration gardens and waterwise assistance programs for verge gardens. The City’s local and regional green corridors connect significant areas of bushland, wetlands and open space and aid in the movement of wildlife.
CITY OF SUBIACO 19 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
The City is preparing to adapt to reduced water resources as a result of a drying climate. The City works with the Western Suburbs Regional Organisation of Councils (WESROC) to implement a cross-boundary approach and ensure effective control of feral species. This draft plan details the City’s current key directions and actions to improve the local environment for the benefit of current and future generations. It provides an overview of key progress and achievements. The plan furthermore details the objectives and actions for the City and the community’s expectations.
Consultation No external consultation has currently been undertaken, however, the purpose of this report is to seek approval to proceed with community consultation.
The draft environmental plan consultation will be advertised through the following media: The Subiaco Scene; Newspaper media; The City’s website; The City’s Facebook; The City’s e-newsletters; and Direct email to the City’s environmental volunteers and participants in previous consultation.
The Community will be able to comment and provide general feedback about the draft environmental plan via an online survey in the Have Your Say Subiaco website. Hard copy surveys will also be available on request.
When the community consultation period concludes, the project team will consider all submissions received and prepare a report to Council with any recommended changes to endorse the Draft Environmental Plan 2019-2023.
Strategic Implications This document is consistent with the objectives of Councils adopted Strategic Community Plan particularly: Parks, open spaces and places – Objective One: A sustainable environment that is green and leafy Parks, open spaces and places – Objective Two: A wide range of well used parks, open spaces and public places.
Statutory and Policy Considerations This draft plan aligns with the Street and Reserve Trees Policy, the Public Open Space in a Drying Climate Policy, the Sustainability and Resilience Plan and the Urban Forest Strategy.
Risk and Asset Implications The draft plan provides a framework for guiding its environmental projects and initiatives and ensures that the City and its community are prepared to adapt to changing climatic conditions.
CITY OF SUBIACO 20 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Financial The strategic financial plan has a recurrent annual budget which is sufficient to fund the activities within the plan.
Social and Environmental Implications Environmental and social implications of this plan provide for a consistent framework to ensure that the City and its community are prepared to adapt to changing climatic conditions. It is consistent with the objectives of the City’s Street and Reserve Trees Policy, Urban Forest Strategy, Public Open Space in a Drying Climate Policy, Sustainability and Resilience Plan.
Attachment 1. Draft Environmental Plan 2019-2023 (32 pages).
CITY OF SUBIACO 21 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
C3 FINANCIAL STATEMENTS AND REPORTS FOR THE MONTH ENDING 31 MAY 2019*
REPORT FROM DIRECTOR CORPORATE SERVICES
Author: Manager Finance & Governance Services, Bianca Jones Date: 9 July 2019 File ref: A/5151 Voting requirements: Simple - more than half elected members present required to vote in favour
OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Mansfield / Seconded Cr Rowe That the financial reports for the period ending 31 May 2019, incorporating the following items, be endorsed: Financial activity statement report. Balance sheet. Cash flow statement Cash backed reserves summary. Aged trial balance (debtors). Rates reconciliation and summary. Summary of cash and investments. Payments cash book. Credit Card payment summary. CARRIED 10/2 CRS MATHESON AND STROUD VOTED AGAINST 7:18pm
Executive Summary The purpose of the attached reports is to provide details of the financial activity that has occurred for the period ending each month and a snapshot of the financial position after those transactions have occurred. Any items requiring further explanation are detailed within the agenda report when required. The financial reports presented have been prepared in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996 and Australian Accounting Standards (to the extent that they are not inconsistent with the Act). The financial reports presented fairly represent, in all material respects, the results of the operations for the month being reported. Officers therefore recommend that Council endorse the monthly financial reports as presented.
Background The monthly financial reports provide an overview of the City’s financial performance. These reports represent the financial position at 31 May 2019.
Comment Financial activity statement report The City’s revenues and expenditures are generally in line with budget expectations except as noted. Revenues and expenditures are detailed in the financial statements attached.
Balance sheet The City has current assets of $59,645,068. The major components of which are; cash and investments of $57,459,986, rates debtors of $778,770 and sundry debtors of
CITY OF SUBIACO 22 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
$1,908,941 (including Modified Penalties). There are current liabilities totalling $5,662,459 and cash backed reserves of $42,850,622. The City’s net current assets equal $53,982,609 less restricted assets (Reserves) of $42,850,622 resulting in a net current position of $11,131,987 at 31 May 2019. Cash flow statement Net cash provided by operating activities is $11,363,321 for the period to date. The net cash used in financing activities is ($443,307). Overall the cash flow statement shows that the City is well placed to meet its budgeted obligations.
Cash backed reserves summary The closing balance of cash backed reserves is $42,850,622. The reserve summary shows all movements to and from reserve to achieve the expected closing balance. The report provides information on the City’s ability to allocate funds for future projects by providing a closing balance comparison to budget. Reserve movements are reconciled and adjusted in December and June each year and where major movements are planned, adjustments are also made to reserves in that period.
Aged trial balance (debtors) The report provides a listing of outstanding debts payable to the City of Subiaco. The balance of debts outstanding at 31 May is $1,908,941
All debts that have been paid after the end of month have been highlighted on the attached report. Payments of $318,256 were received after 31 May, reducing the balance of debts outstanding to $1,590,685 at the time of preparing the debtors report.
Cooper and Oxley Builders Pty Ltd vacated the premises on 31st October 2018 with the outstanding balance pertaining to the balance of October rent and rates. The rates adjustment has been processed following termination of the tenancy with the balance of rent being $2,604.12 and $1,797.34 of rates.
Doolee Construction signed a temporary one month occupancy licence in January 2019. The licence fee was $1,000 plus GST for the one month occupancy. The licensee vacated the property, as required at the end of the temporary licence period, but despite officers best efforts to recoup the licence fee the monies were not forthcoming. The debt will be pursued through a debt management agency should it be likely that any monies due might be recoverable.
The outstanding balance by Timber Holdings Pty Ltd relates to unpaid rent. The tenant vacated the property in January 2019 following agreement with the City to terminate the lease. Since this time no repayment of funds have been received in accordance with the agreement. A specialised debt management agency has been engaged to pursue the outstanding amount. As part of the City end of year processes a credit adjustment of $26,796 and accrued interest of $4,381.19 will be processed in June 2019 in accordance with the signed termination agreement, which reflects the outstanding balance of $92,310.08 within the agreement.
The outstanding balance for SJ & NA Matten, SR Kirkwood Allardice & CL Munckton relates to 2018/19 rates. This is being paid in quarterly instalments with the final payment by 30 June 2019.
The outstanding balance for DM Civil relates to contribution for asphalt at Hay St. The amount of $71,275.60 has been paid in June 2019.
The outstanding balance for Carmel relates FESA ESL 2018-19 of $23,720.53.
CITY OF SUBIACO 23 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Rates reconciliation summary Total rates, Fire & Emergency Services levy, and waste service charges levied for the year are $33,762,167. The payments received to date total $32,849,433 which includes pensioner rebates claimed from State Treasury of $953,976. A reconciliation of the rates and waste service charges is included in the attachments. These payments and reductions resulted in a balance outstanding for rates and waste service charges of $912,734 (including Deferred Pensioner Rates).
Summary of cash and investments The City currently holds financial investments of $53,850,622.
The City’s investment policy operates with a view to maximising income and capital growth in relation to liquid assets. For short term liquid investment assets the policy requires that no more than 30% is to be invested with any one institution at the time of investment. The table below shows the percentage of investments held with each institution at reporting date.
Total Investment Total Investment Institution (Municipal) (Reserves) Total Investment % Fossil Fuels ANZ - 5,000,000 5,000,000 9% Invested Bankwest 2,000,000 10,437,776 12,437,776 23% Invested Bendigo 5,000,000 4,411,158 9,411,158 17% Divested CBA 4,000,000 1,427,803 5,427,803 10% Invested NAB - 11,103,891 11,103,891 21% Invested Suncorp - 10,065,565 10,065,565 19% Divested At call 404,429 404,429 1% Invested 11,000,000 42,850,622 53,850,622 100%
The policy also sets the requirement of a minimum A-2 rating for any institutions the City invests in short term bank deposits and bank bills. The table below shows the current value of investments held at each credit rating permitted by the policy.
Standard & Poors Short-Term Issue Credit Ratings Total %
A-1 7,960,047 A-1+ 36,479,417 A-1- - 44,439,464 83% A-2 9,411,158 A-2+ - A-2- - 9,411,158 17% 53,850,622 100%
The table below shows the current investment in fossil fuel divested institutions.
Fossil Fuel Total %
Invested 34,373,899 64% Not Advised - 0% Divested 19,476,723 36%
53,850,622 100%
CITY OF SUBIACO 24 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
A summary of the cash and investments holdings is included in the attachments.
Payment to creditors Payment from the City’s accounts for the period totalled $4,693,164. Cheques were drawn and electronic fund transfers processed to the value of $3,386,865 from the municipal fund $3,139 from the trust fund for payment of creditors. Employee payments, made via electronic funds transfer totalled $1,303,159 for the period. Payment details for the month are contained in the payments cash book and credit card payments summary attached.
Credit card payment summary Payment for purchases made by the City using the City’s corporate credit cards totalled $21,426. A reconciliation of the credit card transactions is included in the attachments.
Consultation Public consultation was not relevant to the development of this report.
Strategic Implications The City’s financial reporting contributes to achievement of the Strategic Plan aim relating to responsible stewardship: “To manage the community’s resources in the best long-term interests of all.”
Statutory and Policy Considerations The Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996 require a local government to prepare monthly financial reports. The reports are prepared based on the following statutory and policy considerations. (1) Form of financial activity statement report — s. 6.4(2) and Reg 34 (2) Payments from municipal fund or trust fund— s. 6.10(12) (13) (3) Trustees Act 1962 (Part III) (4) The City’s investment asset policy.
Risk and Asset Implications A statement of financial activity and accompanying documents as set out in sub regulation (2) are to be presented at an ordinary meeting of the Council and recorded in the minutes of the meeting at which it is presented. If this report and its attachments are not endorsed then the City will be in breach of the Local Government Act and associated regulations.
Financial The attachments show that the City’s financial performance for 2018/2019 is essentially in line with its budget.
Social and Environmental Implications There are no specific social or environmental implications of this report.
Attachments 1. Financial activity statement report (2 pages). 2. Balance Sheet (2 pages). 3. Cash Flow Statement (2 pages). 4. Cash backed reserves summary (1 page). 5. Aged trial balance (debtors ) (2 page). 6. Rates reconciliation and summary (1 page). 7. Summary of cash and investments (2 pages). 8. Payments cash book and schedule of accounts May 2019 (51 pages). 9. Credit Card payment summary May 2019 (1 page).
CITY OF SUBIACO 25 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
C4 MATTERS FOR INFORMATION*
REPORT FROM CHIEF EXECUTIVE OFFICER Author: Executive Assistant, Diane Scott Date: 9 July 2019 File Reference: A/5151 Voting Requirements: Simple - more than half elected members present required to vote in favour
OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Mansfield / Seconded Cr Gedero That Council receive the information in this report. CARRIED 12/0 7:20pm
Background The City of Subiaco regularly receives and produces information for receipt by the Elected Members.
The purpose of this item is to keep Elected Members informed on items for information received by the City.
Comment The following reports are presented to Council at the Ordinary Council meeting of 18 June 2019: 1. Planning Services Monthly Report – May 2019 2. Building Services and Environmental Health Monthly Statistics - May 2019 3. Website and Facebook statistics – 1 June to 30 June 2019 4. Seal Register – June 2019
Consultation No community consultation was considered necessary in relation to the recommendation of this report.
Strategic Implications There are no strategic implications for this report.
Statutory and Policy Considerations There are no statutory or policy implications for this report.
Risk and Asset Implications There are no risk and asset implications for this report.
Financial There are no financial implications for this report.
Social and Environmental Implications There are no social or environmental implications for this report.
Attachments 1. Planning Services Monthly Report – May 2019 (5 pages). 2. Building Services and Environmental Health Monthly Statistics - May 2019 (2 pages). 3. Website and Facebook statistics – 1 June to 30 June 2019 (2 pages). 4. Seal Register – June 2019 (1 page).
CITY OF SUBIACO 26 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
C5 WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION ANNUAL GENERAL MEETING 2019*
REPORT FROM CHIEF EXECUTIVE OFFICER Author: Chief Executive Officer, Rochelle Lavery Date: 9 July 2019 File Reference: A/5151 Voting Requirements: Simple - more than half elected members present required to vote in favour
OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Matheson / Seconded Cr Stroud The position of Council in relation to the matters for determination at the Annual General Meeting of the Western Australian Local Government Association of 7 August 2019 is as detailed in the report of the Chief Executive Officer of 18 July 2019 is endorsed. CARRIED 9/3 CRS NASH, MCMULLEN AND MUMMERY VOTED AGAINST 7:44pm
Executive Summary The City of Subiaco representatives on the Central Metropolitan Zone Committee of the Western Australian Local Government Association (WALGA) will be the voting delegates on behalf of the Council at the Annual General Meeting (AGM) of WALGA on Wednesday 7 August 2019. This report seeks to provide guidance on Council’s position, to assist the voting delegates for the City, in relation to matters for determination particularly in relation to matters listed under “3. Consideration of Executive and Member Motions” on the agenda for that AGM.
For each matter for determination listed for consideration at the AGM, an officer recommendation is provided.
Background The WALGA AGM for 2019 is scheduled for 7 August 2019 and contains nine Executive and Member Motions for consideration by delegates. The City’s delegates are the WALGA Central Zone members, Mayor Taylor and Cr Matheson. The items for consideration are as follows and each will be responded to in turn with individual Officer Recommendations for Council consideration:
3.1 Coastal Erosion 3.2 Department of Housing Leasing Residential Property to Charitable Organisations 3.3 Motorist Taxation Revenue and Spending in WA 3.4 Biosecurity Groups (RBGs) 3.5 WALGA Members Support for Waste to Energy 3.6 Membership of Development Assessment Panels 3.7 Review of the Mining Act 1978 3.8 Financial Assistance Grant 3.9 Third Party Appeal Rights
Comment The following items are presented for Council consideration:
CITY OF SUBIACO 27 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Item 3.1 – Coastal Erosion
Shire of Gingin Delegate to move:
MOTION That WALGA advocate to the Federal and State Governments with respect to the importance of responding to the increasing challenges faced by Coastal Councils, and develop policy initiatives to include: 1. Introduction of a national funding formula to provide the resources necessary to manage and maintain the coast effectively on behalf of all Australians, including the funds needed to increase the adaptive capacity of Councils to address climate impacts. 2. Allocation of additional Financial Assistance Grants to address coastal hazards, and broadening of the range of ‘disabilities’ listed under Financial Assistance Grants to include factors such as the vulnerability of coastal areas and communities to coastal hazards. 3. Development of an intergovernmental agreement on the Coastal Zone that will provide a co-ordinated national approach to coastal governance through and in cooperation with Australian state, territory and local governments and clearly define the roles and responsibilities of each tier of government in relation to coastal zone management. 4. Creation of a National Coastal Policy, the basis of which is formed by the intergovernmental agreement on the Coastal Zone, that outlines the principles, objectives and actions to be taken to address the challenges of integrated coastal zone management for Australia. 5. An increase in funding for Australian climate science research programs conducted by CSIRO and other research bodies, including the restoration of funding for the National Climate Change Adaption Research Facility or establishment of a similar body, and continuing support for CoastAdapt. This is essential to ensure that appropriate guidance in responding to coastal hazards is accessible by Australia’s coastal Councils so that coastal communities and assets are adequately prepared to address the adverse effects of climate change impacts.
MEMBER COMMENT Many Western Australian Local Governments attended the Australian Coastal Councils Conference in NSW earlier this year. From this conference it was clear that other State Governments are working more closely with Local Governments to provide guidance, advice and funding to help manage coastal hazards, including storm erosion, shoreline recession and coastal inundation.
This conference also clearly outlined the fact that there is no coordinated Federal, State and Local Government Policy outlining clear responsibilities, which essentially leaves Councils in a very uncertain situation with respect to how to deal with the coastal issues that they face.
The estimated cost of coastal hazards is unprecedented and yet there is no clear direction at the Commonwealth level as to responsibilities or action plans. In nearly all instances it is being advised/proposed that retreat is the preferred method of dealing with coastal hazards, yet the financial cost of this option eclipses the cost of performing minor works to alleviate the issue for the short to medium term.
CITY OF SUBIACO 28 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Without entering into a debate about sea-levels rising, we all acknowledge that the climate is changing and all coastal Councils in WA are being affected in some way or another that is directly impacting their residents and ratepayers. It should be noted that this matter will not only affect coastal Councils but other Council that will be affected by the ingress of water such as those located on coastal estuaries. As such, it is requested that WALGA, whilst continuing to work in this space, has a strong focus on the recommendation above which will provide coastal Councils with the necessary support, tools, advice, resources and financial backing to work through these issues in a coordinated manner.
WALGA SECRETARIAT COMMENT In 2013 the Western Australian Planning Commission (WAPC) adopted a significantly revised State Planning Policy 2.6: State Coastal Planning Policy. This policy was revised largely in response to a growing scientific consensus that increasing sea levels and storm intensities will cause more frequent coastal inundation, storm erosion and shoreline recession in coastal areas. A recent report published by the Climate Council emphasises these challenges.
In particular, the revised state coastal policy introduced new policy measures which require Local Governments to: a) Show due regard to coastal hazards when assessing new development proposals, or making or amending a new planning scheme b) Prepare strategies (Coastal Hazard Risk Management and Adaptation Plans) to preserve public interests in coastal areas, and c) Inform landholders of coastal hazard risks.
WALGA has been working with its members for a number of years to help Local Governments meet these responsibilities. Key activities include: Preparation of Local Government and Coastal Land Use Planning: Discussion Paper (2014) Preparation of Disclosing Hazard Information: The Legal Issues (2017) Establishment of the Local Government Coastal Hazard Risk Management and Adaptation Planning (CHRMAP) forum, which meets every three months to discuss common issues with member officers and progress key actions Submissions to the Department of Planning Lands and Heritage on the Draft Planned and Managed Retreat Guidelines (2017) and CHRMAP Guidelines (2019), and Preparation of Local Government Coastal Hazard Planning Issues Paper (in draft).
It is the secretariat’s view that the requested advocacy activities, outlined in this motion, generally align with and are complementary to, the direction being pursued by members through the Local Government CHRMAP forum to seek additional resources and pursue collaborative approaches with other levels of government to manage coastal hazard risk.
The motion also aligns with: 1. Recommendations made by a Commonwealth Government parliamentary inquiry in 2009 2. Advocacy being pursued by the Australian Coastal Councils Alliance 3. WALGA’s climate change advocacy, outlined in WALGA’s Policy Statement on Climate Change, adopted by WALGA State Council in 2018, and 4. The State Government’s intent to formulate a new climate change policy
CITY OF SUBIACO 29 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Officer Recommendation: The Motion is supported as the requested initiatives around adaption to climate change are broadly in line with the City’s positions established in its corporate documents such as the Sustainability & Resilience Strategy.
Item 3.2 - Department of Housing Leasing Residential Property to Charitable Organisations
City of Kwinana Delegate to move:
MOTION WALGA advocate to the Minister for Housing to: 1. Cease the policy of the Department of Housing leasing their housing assets to charitable/not for profit organisations who are then eligible for charitable Local Government rate exemptions; or 2. Provide Local Governments with a rate equivalent payment annually as compensation for the loss of rates income; or 3. Include in the lease agreements with charitable institutions that they must pay Local Government rates on behalf of the Department of Housing recognising the services Local Government provides to its tenants.
MEMBER COMMENT The Department of Housing contribute to Local Government rates and do not receive the charitable rate exemption outlined in the Local Government Act 1995. It should be noted however that land that is held by the Crown and used for public purposes, is not rateable in accordance with section 6.26(2)(a)(i) of the Local Government Act 1995.
The Department of Housing own a large residential housing portfolio in Kwinana and have been paying local government rates for the tenants to access services (such as Library, crèche services, Zone Youth Space, roads and footpaths, parks and reserves) and programs (through the Community Centres, Zone, Library, free events). The standard of services and programs that the City offer is in line with community expectations. A reduction in rate revenue, which is predominantly the revenue source that funds these services, will increase the cost burden onto the remaining ratepayers to pay for these services and programs or result in a reduced standard of service to the community.
Prior to May 2019, the Department of Housing had 13 properties that were exempt from rates due to the Department of Housing leasing these properties to charitable/not for profit organisations, which is estimated to cost the City around $20,000 annually in lost rate revenue. At the 8 May 2019 Ordinary Council Meeting, Council approved rate exemptions for another 31 Department of Housing properties as a result of these being leased to charitable/not for profit organisations, which is estimated to result in approximately an additional $85,000 annually in lost rate revenue.
City Officers have undertaken a preliminary review of the types of properties that the Department of Housing own and has estimated that there are 338 residential properties that could be leased to charitable/not for profit organisations. If the Department of Housing entered into an agreement with a charitable organisation to manage these 338 properties and they applied for a rate exemption, the estimated annual loss of rate revenue is $585,000.
CITY OF SUBIACO 30 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Overall, the potential annual loss of rates revenue from the Department of Housing continuing with this business practice could be up to $690,000. If the City maintained the same level of service, programs and capital schedule, the shortfall from the annual loss of rates revenue would equate to a 1.85% rate increase for the remaining ratepayers. A loss of this amount would be a major risk under the City’s risk assessment framework.
The properties that have been granted charitable rate exemptions are still using the services and accessing programs that are being delivered, however they are not contributing towards this through rates. Each charitable rate exemption reduces the base for rates income and therefore increases the burden on other ratepayers to fund the services provided to the community by a local government. It is recommended that WALGA advocate to the Minister for Housing the negative financial impact that this current Department of Housing policy is having on Local Governments; that exempting these residential properties from rates is increasing the burden on other ratepayers; and that users of local government services should contribute towards the cost of these, including the State Government.
The City does not receive information from the Department of Housing in regards to the plans for leasing their properties until such time that a lease is entered into. The trend over recent years is that the Department of Housing owned properties are leased to charitable and/or not-for-profit organisations without any rate equivalent payment being made for the local government’s loss of rates revenue.
Every Western Australian Local Government is required to apply the provisions of the Local Government Act 1995 regarding exempt properties, including those for charitable rates exemptions and are potentially facing the same issues with the Department of Housing as the City of Kwinana.
WALGA SECRETARIAT COMMENT The issue of rate exemptions has been a high priority for the sector in the current Local Government Act Review.
This item from the City of Kwinana is consistent with the current advocacy positions of the Association.
The sectors current policy positions are as follows: Rating Exemptions – Section 6.26 Position Statement: Request that a broad review be conducted into the justification and fairness of all rating exemption categories currently prescribed under Section 6.26 of the Local Government Act. Rating Exemptions – Charitable Purposes: Section 6.26(2)(g) Position Statement: Amend the Local Government Act to clarify that Independent Living Units should only be exempt from rates where they qualify under the Commonwealth Aged Care Act 1997; and either: amend the charitable organisations section of the Local Government Act 1995 to eliminate exemptions for commercial (non-charitable) business activities of charitable organisations; or establish a compensatory fund for Local Governments, similar to the pensioner discount provisions, if the State Government believes charitable organisations remain exempt from payment of Local Government rates.
CITY OF SUBIACO 31 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Rating Exemptions – Rate Equivalency Payments Position Statement: Legislation should be amended so rate equivalency payments made by LandCorp and other Government Trading Entities are made to the relevant Local Governments instead of the State Government. Rating Restrictions – State Agreement Acts Position Statement: Resource projects covered by State Agreement Acts should be liable for Local Government rates.
Officer Recommendation: City of Subiaco supports the motion in item 3.2. Whilst the City of Subiaco supports the Department of Housing and charitable/not for profit housing within the local government area the tenants of these premises use the Local Authority services in the same way as all other rate payers. Therefore to ensure the continuation of the City’s services and infrastructure in a sustainable manner a rate equivalent paid annually as a compensation for the loss of rates income would provide the most equitable outcome.
Item 3.3 – Motorist Taxation Revenue and Spending in WA
Shire of Manjimup Delegate to move
MOTION To support the independent position of the RAC, that WALGA call on the State and Federal Government to: 1. Provide a fairer distribution of funding from revenue collected from Western Australian motorists (consistently a minimum of 50%) to remediate Western Australia’s $845m road maintenance backlog and tackle the increasing costs of congestion and road trauma, to deliver productivity and liveability outcomes; and
2. Hold an inquiry into road user pricing as part of a broader reform of motorist taxation that would remove revenue raising fees and charges, and / or hypothecate money collected for the provision of transport infrastructure and services.
Background:
A 2018 report by Acil Allen Consulting called “Motorist Taxation Revenue and Spending in WA” commissioned by the RAC reveals that over the past twelve years Western Australia has only received back on average 34 cents in every dollar of motoring taxation collected by successive Federal Governments.
Motoring taxation is collected by the Federal Government through: GST; Luxury Car Tax; Excise on petrol and diesel; and Passenger motor vehicles customs duty.
In 2016 the Western Australian Auditor General identified that Western Australia was facing an $845M road infrastructure maintenance backlog and it is widely recognised that the condition of many metropolitan, regional and rural roads are not up to an appropriate standard. Partly supporting this position is that the Western Australian road fatality rate that is 33% higher than the national average, and that Infrastructure
CITY OF SUBIACO 32 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Australia is projecting that by 2031 Western Australia will have seven of the top ten most congested roads in Australia.
It is concerning that in 2021/22 the projection is that Western Australia motorists are expected to pay $3.3b in motoring taxes however in the same year only $562m is forecast to be returned to fund road and transport projects, a return of 17 cents in the dollar which is the lowest level since 2007/08.
WALGA SECRETARIAT COMMENT The $845m road maintenance backlog identified by the Western Australian Auditor General in 2016 relates only to Main Roads WA controlled roads. Additionally there is consistently a shortfall in the amount that Local Governments are able to invest in road maintenance and renewal compared that required to maintain the asset in current condition.
Twenty percent of revenue collected by the State Government from Motor Vehicle Licencing is currently provided to Local Governments through the State Road Funds to Local Government Agreement. The balance of this revenue is hypothecated to Main Roads WA. Under earlier agreements between State and Local Governments up to 27% of motor vehicle licence fee revenue has been provided to Local Governments for the road network. This difference equates to $67 million per year. Increased Federal funding for road infrastructure would not only result in higher levels of service from State roads but also create a more favourable environment for achieving higher levels of funding for Local Government roads.
Numerous inquiries into road user pricing and broad reform of motorist taxation have been completed including: Productivity Commission 2007 Road and Rail Freight Infrastructure Pricing Henry, K et al 2009 Australia’s Future Tax System COAG Road Reform Plan 2013 Heavy Vehicle Charging and Investment Reform 2014 Harper, I. et al 2015 Competition Policy Review Infrastructure Australia 2016, Australian Infrastructure Plan
WALGA has actively contributed to these inquiries including formal submissions endorsed by State Council (for example 65.3/2011 and 249.4/2013).
Each of these inquiries conclude that the current way of funding road infrastructure is unsustainable and inefficient. Increasingly fuel efficient vehicles, and ultimately electric or hydrogen powered vehicles are undermining the revenue base from fuel excise. However, the Federal Government firmly asserts that there is no link or hypothecation of fuel excise revenue to road funding.
The Australian Government is continuing to investigate heavy vehicle road pricing reform through the Transport and Infrastructure Council, which comprises Transport, Infrastructure and Planning Ministers from all jurisdictions, Federal Ministers and the Australian Local Government Association. The current focus is on developing nationally consistent service level standards for roads to provide an evidence base for investment decisions. Studies are also underway looking at independent price regulation and establishing a forward-looking cost base.
If roads are to become a priced utility (like power or water networks) an important consideration would be sustainable funding for low traffic volume roads, all of which are
CITY OF SUBIACO 33 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES the responsibility of Local Governments. There remains an important role for all levels of government to support the provision of basic road services to ensure social mobility, economic welfare, road safety and public security. Any reforms to road investment and charging arrangements must be mindful of how best to integrate roads as an economic service with roads as a community service obligation.
Officer Recommendation: The City of Subiaco supports the motion and members comment for the Motorist Taxation Revenue and Spending in WA.
The City receives a considerable amount of State and Federal Government Funding through various programs. Ensuring the revenue mechanisms in place for these programs are sustainable and predictable over the long term is in the City’s and local government’s interest.
Item 3.4 – Biosecurity Groups (RGBs)
Shire of Bridgetown-Greenbushes Delegate to move
MOTION That WALGA revokes its current policy position of not supporting the establishment and operations of Recognised Biosecurity Groups (RBGs) and that the decision on whether to support RBGs is to rest with individual Local Governments.
MEMBER COMMENT A component of WALGA’s current policy position on ‘biosecurity’ is that: Local Government are not supportive of Recognised Biosecurity Groups (RBGs). With the establishment of the Biosecurity and Agriculture Management Regulations in 2013 the State Government communicated a new policy setting, being a community coordinated approach to managing biosecurity. In Western Australia Recognised Biosecurity Groups (RBGs) were introduced as the key mechanism to deliver a community coordinated approach, and to manage widespread and established pests in WA.
The Shire of Bridgetown-Greenbushes recognises that when RBGs were initially being established in Western Australia the sector’s preference was that the State Government maintains responsibility for the management of pests including providing assistance to land managers and establishment of a biosecurity network. However with the significant establishment of RBGs since 2013 the Shire of Bridgetown-Greenbushes believes it is timely for WALGA to review its current policy position.
Currently there are 16 RBGs established in Western Australia with more being considered for establishment. The 16 current RBGs have a footprint across 61 local governments in Western Australia. As the RBGs are established it is therefore appropriate and at times necessary for the affected local governments to work with the RBG to ensure that the services provided by the RBG are coordinated and compatible with services, works, etc. that are provided by the local government. This working environment and partnership can be compromised by the existence of a sector-wide policy provision that states that Local Government isn’t supportive of the existence of the RBG.
CITY OF SUBIACO 34 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
With 16 RBGs established and more likely to come it is unlikely that legislation is going to be amended to discontinue this approach to biosecurity management.
The Shire of Bridgetown-Greenbushes proposes that WALGA amend its current policy position by removing the specific part that states that the sector is not supportive of RBGs. Instead the decision on whether to support a RBG should rest with individual Local Governments.
The Blackwood Biosecurity Group (BBG) operates within the boundaries of the Shire of Bridgetown-Greenbushes. The Shire has chosen to recognise and respect the work being done by the BBG noting that the establishment of the BBG wasn’t a Shire initiative.
The choice on whether to support the activities of the BBG was a decision that solely rested with the Shire of Bridgetown-Greenbushes. However this decision appears to have left the Shire open to criticism within the sector. In recent times, at various meetings where the subject of RBGs has been on the agenda, including those with WALGA representatives in attendance, there was a view expressed by some that by supporting the BBG the Shire of Bridgetown-Greenbushes is acting in contradiction of a sector policy provision, is therefore weakening the sector’s position and could be seen to be encouraging the extension of RBGs or the establishment of more RBGs in Western Australia.
The Shire of Bridgetown-Greenbushes respects the rights of individual Local Governments to oppose the establishment of, or continuation of a RBG within their areas. The WALGA policy position on biosecurity groups was determined before the growth in the number of RBGs in Western Australia and therefore it is timely to review that position. All other components of the WALGA policy position on ‘biosecurity’ can be retained.
SECRETARIAT COMMENT Correspondence received in May 2019 from the Minister for Agriculture has indicated that the review of the Biosecurity and Agriculture Management Act (2007) will occur in the second quarter of 2020.
It is envisaged that the current Policy Position will be reviewed in response to any proposed changes to the Act. The policy review will include the provision of a discussion paper on any potential changes to the Act, and a series of workshops for members across the State in order for members, the WALGA zones, and ultimately State Council, to make their respective determinations.
That said, the change proposed by the Shire of Bridgetown-Greenbushes asserts the primacy of each member to make its own decisions, in accordance with its community’s desires and expectations.
Officer Recommendation: The Motion contained in Item 3.4 – Biosecurity Groups (RBGs) is supported.
The establishment and funding of a Recognised Biosecurity Group (RBG) is covered in Sections 169 and 170 of the Biosecurity and Agriculture Management Act 2007. There does not appear to be anything in the aforementioned sections that would require a
CITY OF SUBIACO 35 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES local government to be involved in a RBG. There is no mention of Recognised Biosecurity Groups within the Biosecurity and Agriculture Regulations 2013.
According to the Department of Primary Industries and Regional Development (DPIRD),
“Recognised Biosecurity Groups (RBGs) are community based groups formally recognised under the Biosecurity and Agriculture Management Act 2007 (BAM Act). They each operate within a prescribed area. According to DPIRD, as of May 2019 there are 14 RBGs in Western Australia, with their combined areas covering most of the State”.
An RBG is funded through a Declared Pest Rate (DPR) which is imposed by the Minister, DPRs are matched dollar-for-dollar by the State government. This funding can only be used for declared pest control under an approved Declared Pest Action Plan.
The motion appears to be providing an individual local government with the ability to determine whether or not to support a RBG within its boundaries. There is not a requirement in the motion that would force a local government to support or fund a RBG, instead it can come to a decision based on the specific circumstances leading to the establishment of the RBG and the expectations of its community. An RBG is intended to provide for shared responsibility in controlling declared pests, they enable communities and industry to partner with others, including state government. It appears logical that this should potentially include Local Government since Local Governments know their individual communities best and are best placed to determine whether or not it is appropriate to support a RBG.
Item 3.5 – WALGA Members Support for Waste to Energy
Shire of Dardanup Delegate to move:
MOTION That WALGA continue to support Western Australia’s Waste Avoidance and Resource Recovery Strategy 2030 and seek firm commitments from the State Government about how the waste avoidance, resource recovery and diversion from landfill targets will be achieved, including local options for reprocessing, recycling and waste to energy.
In particular these commitments should clearly indicate how the State Government will cease the proliferation of landfills in the non-metropolitan areas which are predominantly taking metropolitan waste or waste generated elsewhere in the state including mining and construction camps. These commitments should encourage alternative options and outline what incentives the Government will put in place to reduce, and eventually eliminate, our reliance on landfill.
MEMBER COMMENT Currently the Strategy sets Targets for these outcomes but does not include a firm plan of how the State Government is going to actually implement and achieve these Targets. The Waste Avoidance and Resource Recovery Strategy Action Plan 2030 (Attachment 2) also does not provide clarity or concrete actions or incentives to address these targets.
CITY OF SUBIACO 36 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Building on and updating the first Western Australian Waste Strategy: Creating the Right Environment published in 2012, earlier this year (2019) the State Government released the West Australia’s Waste Strategy (Waste Avoidance and Resource Recovery Strategy 2030). Previous State Government Targets have included goals of towards zero waste to landfill by 2020. This may no longer be achievable, however there has been positive trends in waste figures as included in Table 1 on page 9 of the Waste Strategy:
Increases in FOGO and other recycling efforts have improved resource recovery significantly up 28%, whilst per capita generation is down 12%. The knock on effect is that there was a fifth (20%) less waste going to landfill in 2014/15 than in 2010/11. However, there have been questions raised regarding the accuracy of this data and the Department of Water and Environmental Regulation are going to require mandatory reporting by Local Government and industry to address this issue. Even given questions about the data, there is still more than 3.6 million tonnes of waste going to landfill every year.
To reduce this the Waste Strategy 2030 sets out the following targets:
If these targets are achieved it would result in the following:
- Total waste generated in 2030 reduced by 20% from 2014/15 figures to 4.98 million tonnes per annum. - Only 15% of total waste generated is landfilled (acknowledging that the target is only set for Perth and Peel), the total waste to landfill across the state will be 0.75 million tonnes.
CITY OF SUBIACO 37 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
- Resource recovery is increased to 75%, resulting in 3.74 million tonnes being recovered. - That leaves 0.5 million tonnes potentially available for Waste to Energy – which the Strategy notes should only be generated from ‘residual waste’. The alternative is that waste to landfill will increase to 1.25million tonnes per annum.
Whilst the targets are clear, the plan about how this will be implemented is yet to be developed and Local Government and industry will need long term certainty to invest to achieve these targets. The Shire of Dardanup is therefore asking WALGA members to support WALGA to advocate to the State Government for more specific and firm commitments to divert waste from landfill through local options for reprocessing, recycling and waste to energy. In this regard, the Waste Authority recognises the benefits in siting waste infrastructure close to the source of waste generation. Benefits include reduced transport impacts from the movement of waste, such as greenhouse impacts, traffic congestion and community amenity (Waste Authority’s Waste to Energy Position Statement, 2013 - Attachment 3). It is therefore important that local options for reprocessing, recycling and waste to energy are considered an essential component in achieving the Waste Strategy’s targets. Not taking action and continuing with the status quo will mean waste is transported hundreds or even thousands of kilometres to be disposed of in the regions, rather than being dealt with at source. By considering smaller scale local options it would provide opportunities for reduction at source and also assist communities in the regions to reduce their waste to landfill.
Considering the above, without Waste to Energy (WtE) and significant improvements in resource recovery, there would still be 25% or 1.25million tonnes state-wide of waste being sent to landfill. According to a 2013 discussion paper (Attachment 4) prepared for WALGA by the Municipal Waste Advisory Council (MWAC), a standing committee of the Association with delegated authority to represent the Association in all matters relating to solid waste management, WtE could reduce the weight of waste by 70-80% and the volume of waste by 90%.
The Waste Authority considers best practice WtE processes to be a preferable option to landfill for the management of residual waste but not at the expense of reasonable efforts to avoid, reuse, reprocess or recycle waste. WtE has the potential to divert substantial volumes of waste from landfill (and thereby support the delivery of Waste Strategy targets) and produce a beneficial product (Waste Authority’s Waste to Energy position Statement, 2013).
To address this it is important that options for reduction in the amount of waste going to landfill also consider smaller waste to energy plants that could be located within regional areas to reduce reliance on landfill. Initial investigations indicate that current available technologies could provide opportunities for smaller plants to be established that would use about 500kg of Municipal Solid Waste per hour or about 4,400 tonnes per annum. Such facilities could be located across regional areas and reduce waste to landfill but also provide for energy generation.
CITY OF SUBIACO 38 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
It is recommended that the alternative options outlined in this item be incorporated into the Waste Strategy’s Action Plan 2030 with specific incentives put in place by the Government to ensure we reduce, and eventually eliminate, our reliance on landfill.
SECRETARIAT COMMENT The Shire of Dardanup should be commended for their initiative and identification of key issues such as the need to control the development of new landfills, to support the Strategy Targets, and to develop local solutions to divert material from landfill for material and energy recovery.
Officer Recommendation: The City of Subiaco supports the motion and members comment for the support of Waste to Energy.
It is important that State Government provides a commitment on how these targets can be achieved, including incentives and alternative options to divert Waste from landfill, such as local options for recycling and reprocessing, smaller regional Waste to Energy plants which would reduce the reliance on landfill in these areas and provide energy generation.
Item 3.6 Membership of Development Assessment Panels
Shire of Mundaring Delegate to move:
MOTION That WALGA investigate increasing Local Government membership in Development Assessment Panels
MEMBER COMMENT At its meeting of 3 March 2018, the Shire of Mundaring Council resolved to: “Advise WALGA that it recommends WALGA investigate increasing local government membership in Development Assessment Panels, rather than advocate for the introduction of Third Party Appeal Rights.”
The Shire will be reconsidering its position in relation to Third Party Appeal Rights at its meeting on the 11 June 2019; its position on seeking WALGA investigate increasing local members on DAP however remains unchanged.
The Department for Planning’s website states: As a key component of planning reform in Western Australia, Development Assessment Panels (DAPs) are intended to enhance planning expertise in decision making by improving the balance between technical advice and local knowledge.
Development Assessment Panels (DAPs) comprise three technical experts in planning (one of whom chairs the meeting) and two elected members from the local government in which the DAP applies. This is not a balance and there could be various membership options that WALGA could explore, with some likely to be more palatable to the State than others.
For example, an equal number of local elected members and planning professionals on a DAP would demonstrate respect for the expertise of local members in applying
CITY OF SUBIACO 39 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES planning regulations to a proposed development. It would demonstrate that local elected members have views of equal importance to those of the other Panel members.
Equal numbers of members could result in a tied vote with the Chairperson having a deciding vote. That would not diminish the importance of a balanced number of local representatives and planning experts participating in the decision making process.
DAPs are public meetings. Community members attend to take the opportunity to briefly address the Panel and to listen to the reasons why the decision is made. Appointing additional elected member/s to DAPs means community members would have local experts and three planning experts explain how the proposed development would impact on a local area and what conditions, if any, are justifiably imposed. This would be educative for the community, strengthen transparency and increase public respect for the DAP process.
SECRETARIAT COMMENT The Minister for Planning initiated several amendments to Development Assessment Panels (DAPs) to improve their efficiency and operation. The majority of the changes were “primarily administrative to ensure the system remains flexible and responsive, while more clearly communicating DAP decisions to the public” (Changes-to-the-DAP- system-announced.aspx), and did not include changes to DAP membership.
A previous 2016 AGM resolution was for WALGA to advocate for consideration of a series of reforms, in the event that DAPs remain in place, to ensure greater accountability, transparency and procedural fairness for ratepayers through the Panel's assessment and decision making processes. One of the reforms specifically sought a change that would require equal membership on the DAP between Local Government and Appointed Specialist members with an independent chair approved by both State and Local Governments.
At the same 2016 AGM, WALGA was also requested to advocate for an independent review of the decision making within the WA planning system, looking at the roles and responsibilities of State and Local Government and other decision making agencies, Development Assessment Panels and the State Administrative Tribunal appeal process
In December 2016, two reports were presented to WALGA’s State Council, one on the review of the entire planning system (Resolution 108.6/2016), followed by one on the possible improvements to the DAPs system (Resolution 109.6/2016). The report on the review of Decision Making within the WA Planning System also resolved to undertake research on third party appeals around Australia and further consult with members regarding its current policy position. The Association prepared a discussion paper which provided background on the development of WALGA’s position and a review of the arguments both for and against third party appeals which was then circulated to the Local Government sector for comment and feedback during 2017.
At the May 2018 WALGA State Council meeting, it was resolved to amend the policy position to support the introduction of Third Party Appeal Rights for decisions made by Development Assessment Panels (DAPs) (Resolution 37.2/2018). The following resolutions were made: -
1. Note the results of the additional consultation with members on the possible introduction of Third Party Appeal Rights into the Planning System;
CITY OF SUBIACO 40 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
2. Based on the feedback received, amend its current policy position to support the introduction of Third Party Appeal Rights for decisions made by Development Assessment Panels; 3. Provide the State Government with the outcomes of this consultation and advocate for the introduction of Third Party Appeal Rights for decisions made by Development Assessment Panels as part of the upcoming Independent Planning Reform process; and 4. Further consult with members to provide more clarity on the exact details of the criteria that would need to be established, before any system of Third Party Appeals for decisions made by Development Assessment Panels is implemented by the State Government.
At its May 2019 meeting (Resolution 44.4/2019), WALGA’s State Council considered a ‘Preferred Model’ and resolved that WALGA: 1. Continues to advocate for the State Government to introduce Third Party Appeal Rights for decisions made by Development Assessment Panels, and 2. Endorses the ‘Preferred Model’ as presented in the May 2019 Agenda, as the Third Party Appeals process for decisions made by Development Assessment Panels and in future give consideration to broadening Third Party Appeal Rights to other parties relating to Development Assessment Panel decisions.
The Shire of Mundaring proposal to have equal representation may achieve an actual balance between technical advice and local knowledge, as espoused as the objective of the DAP framework. This would be a beneficial improvement to the DAP system, particularly in the event that the State is unwilling to pursue any introduction of Third Party Appeal Rights to DAP decisions. The Minister for Planning has advised that Third Party Appeal rights would not be considered by the Government as it would add unnecessary complexity and red tape to the planning framework, contrary to the intent of the current planning reform process.
Officer Recommendation: This motion is supported and will provide an equal representation of community representatives (Elected Members) and specialist members on the JDAP. Should this change occur it is recommended that the presiding member have the casting vote.
This item seeks to adjust the composition of a Development Assessment Panel (DAP) which is currently comprised of three (3) specialist members (inclusive of presiding member) and two (2) local government members, totalling a panel of five (5) members. The proposed adjustment is to increase the local government membership on the panel from two (2) up to three (3), providing a balance of members proportionate to the existing three (3) specialist members.
Should the DAP composition not be changed, it is important that local governments prepare an effective planning framework that provides a high degree of rigour and seeks to protect and promote what is valued in the community, to ensure that the planning assessment of any proposal is responsive to those values. To support this, the following initiatives are recommended: The State Government support Local Governments in preparing planning documents on a local and strategic level reflective of their unique context and requirements; Additional training for JDAP members to ensure applications are considered on the planning context and community sentiment; and
CITY OF SUBIACO 41 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Continual review of JDAP members and decisions to ensure validity and consistent decision making.
Item 3.7 Review of the Mining Act 1978
Shire of Dundas Delegate to move
MOTION That: 1. WALGA requests that the Hon. Bill Johnston, Minister for Mines and Petroleum, undertakes a review of the outdated Mining Act 1978 and that the revision address FIFO and DIDO, and its impact on local communities; and
2. The Mining application process includes a mandatory MOU with the Local Government which would be overseen by the Auditor General to ensure fairness to the Community by having the mining company contribute to local infrastructures as a Legacy project.
MEMBER COMMENT As a Local Government we have felt and seen the impact of mine closures and factors out of our control and how this can devastate a small community, This has significant flow on effects from lack of volunteers to support fighting bush fires in our 95,000 square kilometres of currently unmanaged, UCL land, lack of volunteers to support St Johns Ambulance services, to reducing the capacity of our school through a steady decline in numbers. Businesses have closed, as have Government Departments as the population declines.
We are not advocating a total elimination of FIFO and DIDO as this would be an unrealistic approach.
We seek the Minister’s support as a matter of urgency to make our small communities sustainable.
SECRETARIAT COMMENT The Association provided an interim submission to the Education and Health Standing Committee Inquiry into mental health impacts of FIFO work in October 2014. This inquiry was in response to the suicides of nine FIFO lives in the Pilbara region of WA.
The submission reinforced support for the implementation of the key recommendations of the 2013 House of Representatives Standing Committee Senate Inquiry report, Cancer of the bush or salvation for our cities. That Inquiry recommended research to be undertaken by the Commonwealth Government to determine the socio economic impact of FIFO work practices, accurate measurement of the impact of FIFO on existing on infrastructure and services, and strategies to address current inequities in infrastructure and sustainability of regional medical services health service delivery.
Officer Recommendation: The Motion is supported. The impact of FIFO and DIDO on local communities is well documented and this may be an appropriate way of responding to that impact.
CITY OF SUBIACO 42 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Item 3.8 Financial Assistance Grant
Shire of Dundas Delegate to move
MOTION That WALGA requests the Hon. Minister of Local Government and Communities David Templeman to assist all Local Governments to Lobby the Federal Government to retain the Financial Assistance Grant at one percent of the of Commonwealth Taxation Revenue.
MEMBER COMMENT The Shire of Dundas feels the current funding arrangements for Local Government are no longer fit for purpose.
The roles and responsibilities of Local Government has grown significantly. The main funding available from the Australian Government (the Financial Assistance Grants) has consistently declined from a level equal to 1% of Commonwealth Taxation Revenue (CTR) in 1996 to just 0.55% of CTR today.
The Australian Government collects approximately 82% of Australia’s tax revenue and is responsible for just one tenth of Australia’s public infrastructure assets.
Local councils raise 3.6% of taxes and are responsible for 33% of public infrastructure, including 75% of Australia’s roads
3.6% of the tax take is not adequate funding to unlock the potential of our communities. The decline in the Financial Assistance Grants funding has left local councils worse off struggling to meet increasing demand on local infrastructure and services and impacting their ability to build and maintain essential infrastructure to the higher standard required today.
The result is increased pressure on rates and council budgets, making it harder to maintain community services and infrastructure.
There is a current infrastructure backlog of $30+billion dollars. The requirement to upgrade and renew infrastructure built during the ‘baby boom’ and rapid growth periods in the 60s and 70s is becoming a major problem. New infrastructure is also required to meet the needs of the growing population and to meet productivity and safety requirements.
There are also increasing community expectations related to the type and standards of services available to local communities. This is placing pressure on local governments particularly when they are required to provide services previously provided by the other spheres of government. This is particularly the case in thin markets such as rural and regional areas where, if federal or state governments withdraw services, local government must step in or no one will, as we have seen in recent years.
SECRETARIAT COMMENT WALGA supports the need for a review of the Financial Assistance Grants (FAGs) system, from the perspective of growing the overall size of the pool.
WALGA has consistently supported advocacy, through ALGA and other channels, for increases in funding from the Commonwealth Government to Local Government
CITY OF SUBIACO 43 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES through Financial Assistance Grants. WALGA continues to work with ALGA to advocate to increase FAGS funding to 1% of taxation revenue.
ALGA’s number one priority in their Federal Election advocacy strategy was to restore Financial Assistance Grant funding to one percent of Commonwealth taxation revenue. This remains an ongoing area of advocacy for ALGA.
Officer Recommendation: City of Subiaco supports the motion in item 3.8. Financial Assistant Grants provide Commonwealth Government funding for local roads and general purpose. The declining rate of FAGs funding from 1% over time places increasing pressure on the City’s rates and other income sources to ensure the City continues to meet our service and infrastructure commitments.
Item 3.9 Third Party Appeal Rights
City of Bayswater Delegate to move:
MOTION 1. That there be an amendment to the Third Party Appeals Process Preferred Model, being that third parties in addition to Local Governments are able to make an appeal.
2. That there be an amendment to the Third Party Appeals Process Preferred Model, being that third parties are able to appeal decisions made by the Western Australian Planning Commission and the State Administrative Tribunal, in addition to Development Assessment Panels.
MEMBER COMMENT The Council has taken a particularly strong stand on this important issue and it is requested that this matter be given further consideration.
SECRETARIAT COMMENT At its May 2019 meeting, WALGA’s State Council considered a ‘Preferred Model’ and resolved that WALGA: 1. Continues to advocate for the State Government to introduce Third Party Appeal Rights for decisions made by Development Assessment Panels, and
2. Endorses the ‘Preferred Model’ as presented in the May 2019 Agenda, as the Third Party Appeals process for decisions made by Development Assessment Panels and in future give consideration to broadening Third Party Appeal Rights to other parties relating to Development Assessment Panel decisions. (Resolution 44.4/2019)
The above resolution was sent to the Minister for Transport: Planning with a copy of the proposed model (as attached).
The May 2019 Agenda item sought to finalise a ‘Preferred Model’ for appeals on Development Assessment Panel decisions. WALGA’s State Council considered several alternative WALGA Zone resolutions, as several Zones proposed alternative ‘Preferred Models’ for decisions made by DAPs, preferred types of Third Party Appeals and one Zone indicated its opposition to any Third Party Appeals model being introduced, as follows: -
CITY OF SUBIACO 44 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
SOUTH METROPOLITAN ZONE That the Position Statement be referred back to WALGA officers to provide an evidence case to support the need for change, the expected benefits, and an analysis of the implications of change in terms of cost, resource and timeframes by utilising the experience of other States where third party appeals exist and applying that to the system proposed.
GREAT SOUTHERN COUNTRY ZONE That the Zone opposes Third Party Appeals in relation to Item 5.2 in the May 2019 WALGA State Council Agenda.
EAST METROPOLITAN ZONE That there be an amendment to the Preferred Model, being that third parties are able to appeal decisions made by the Western Australian Planning Commission and the State Administrative Tribunal, in addition to Development Assessment Panels.
CENTRAL METROPOLITAN ZONE That WALGA: 1. Continues to advocate for the State Government to introduce Third Party Appeal Rights for decisions made by Development Assessment Panels; and 2. Endorses the original December 2018 ‘Preferred Model’ as the third party appeals process for decisions made by the Development Assessment Panels with the following amendments: a. DOT POINT 1 “which could possibly be expanded later if it proves to be beneficial” to be removed b. DOT POINT 4 to be replaced with “Other affected parties would be able to appeal a DAP decision”
Based on the formal resolutions received and members discussions at Zone meetings, there were a range of options available for State Council to consider at its meeting in May: - 1. Not adopt a Preferred Model until more information on cost and resource implications is provided; 2. Adopt the Preferred Model as presented in the May 2019 Agenda; 3. Adopt the Preferred Model as presented in the May 2019 Agenda, with the amendments suggested by the East Metropolitan Zone, ie ability to appeal decisions made by the Western Australian Planning Commission and the State Administrative Tribunal, in addition to Development Assessment Panels; 4. Adopt the Preferred Model as circulated to members in December 2018; 5. Adopt the Preferred Model as circulated to members in December 2018, with the amendments suggested by the Central Metropolitan Zone; 6. Adopt the Preferred Model with different amendments (any amendments discussed by State Council); 7. Not adopt any Preferred Model but still advocate for Third Party Appeal Rights for DAPs decisions 8. Adopt a different Third Party Appeal model (ie wider than just for DAPs); 9. Consult the sector again on what model of Third Party Appeal rights is considered acceptable given the wide range of views; 10. Return to the pre-May 2018 position, where any Third Party Appeal rights are not supported
CITY OF SUBIACO 45 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
The preferred approach by State Council was to adopt the Preferred Model as presented in the May 2019 Agenda, as it would provide the starting point for discussion with the State Government about the introduction of Third Party Appeals for Development Assessment Panel decisions.
WALGA provided this position to the Minister for Transport; Planning and the Minister’s response was as follows:
I note WALGA’s State Council endorsed Preferred Model on this matter, however I maintain concerns regarding the unnecessary complexity and red tape third party appeal rights would add to the planning system, which is contrary to the objectives of the Government’s commitment to planning reform
The Department of Planning, Lands and Heritage received 254 submissions in response to the Green Paper, including many which confirmed the issues and views identified in the Green Paper regarding the current DAP system.
An Action Plan for planning reform which contains a program of initiatives to address the concerns identified by the Green Paper and submissions is currently being finalised by the Department for consideration by Government.
I will make announcements regarding the content of the Action Plan and reform initiatives in the near future.
Officer Recommendation: In relation to Motion 1, this is only supported where third party appeals are limited to parties which previously made a submission.
By opening up the rights of appeal to any interested party this increases the equity in the development process, and also has the benefit of improved community involvement and confidence in the planning system. The proposed model of third party appeal process will allow Local Government to appeal a DAP decision and defend the enforceability of its local planning policies and conditions. This aids in addressing the prevalent concern that planning decisions are made by those removed from the local community. It is also supported to limit appellants to those who have previously made a submission in order to reduce the likelihood of appeals based on commercial or vexatious reasons. It also encourages the community to be involved in the process when a development application is being considered. In this regard the proposed model is consistent with Council’s 2017 resolution for appeals to be limited to any party who has lodged an objection to an application within the advertising period.
In relation to Motion 2, this is not supported. In terms of applications, the Western Australian Planning Commission (WAPC) primarily deals with subdivision applications and to a lesser extent, development applications, of which are generally limited to land that is reserved under the Metropolitan Region Scheme (MRS). Local Governments have the opportunity to provide comment and recommendations in relation to both subdivision and development applications determined by the WAPC. The parameters of any third party appeal against the WAPC relating to a subdivision application are undefined and specific comment cannot be made.
It is unclear as to how a third party could appeal a decision of the State Administrative Tribunal (SAT) other than to commence proceedings for a judicial review at the Supreme Court of Western Australia. This is currently available for third parties so the benefit is unclear.
CITY OF SUBIACO 46 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
City officers have maintained that third party appeal rights, if they are introduced, be done so incrementally so as to understand any unforeseen issues that they may present. Having the ability for a third party to appeal decisions made by the WAPC and SAT would be a significant step and one which exceeds the intent of the third party appeal right preferred model which is limited to DAP applications at this time.
Consultation No consultation was required or undertaken in relation to this report
Strategic Implications The Strategic Community Plan Objectives apply to Council’s consideration of this report as follows:
2.1.6 Be proactive and innovative in its approach to environmental, sustainability and climate change. Best practice in the management of the City’s environment, resource conservation, waste, recycling and green energy. A commitment from the Council and the community to a sustainable future. 4.2.2 Work to ensure appropriate infrastructure exists to support increased density Infrastructure provision which meets the entire community’s needs. 4.2.4 Collaborate with state government agencies to achieve positive development outcomes for the community. Confidence from the community that the City works collaboratively with external stakeholders in the best interests of the community. 5.1.1 Plan and manage our streets to mitigate congestion, while accommodating the increasing population and developments. Managed congestion and safety on our roads for all users. 6.1.1 The Mayor and councillors provide strong, consistent and decisive leadership. Community confidence that council is making decisions for the short and long- term benefit of the community as a whole. Council decisions are open and transparent. 6.1.4 Ensure best practice asset management principles are adopted. The City’s assets are managed effectively and maintained for the benefit of future generations.
Statutory and Policy Considerations There are no statutory or policy implications for this report.
Risk and Asset Implications There are no risk and asset implications for this report.
Financial There are no financial implications for this report.
Social and Environmental Implications Relevant social and/or environmental implications are dealt with under each matter for consideration.
Attachment 1. Agenda for WALGA AGM 7 August 2019 (56 pages).
The Mayor adjourned the meeting at 7:45pm. The Mayor reconvened the meeting at 7:51pm.
CITY OF SUBIACO 47 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
11. ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
The Presiding Member changed the order of business to hear items 11.2 and 11.3 before 11.1, and then continue with the remaining items in order.
11.2 LPS5
Submitted by: Cr Malcolm Mummery Date: 8 July 2019 Voting requirements: Simple - more than half elected members present required to vote in favour.
COUNCIL DECISION Moved Cr Mummery / Seconded Cr Gedero That Council: 1. Requests the Chief Executive Officer to provide the following recommendation to the Western Australian Planning Commission in relation to the lots that front Railway Road between Heytesbury Road and Redfern Street: The City of Subiaco further recommends that the 15 lots that front Railway Road between Heytesbury Road and Redfern Street are zoned Residential R20 in the Western Australian Planning Commission’s consideration of the City of Subiaco Draft Local Planning Scheme No. 5 (LPS 5). At the 18 June 2019 Ordinary Council Meeting, Council recommended that these lots be zoned Residential R40. After further consideration it is recommended that these lots be zoned Residential R20 in LPS 5 which is the same zoning provided for these lots in Town Planning Scheme No. 4. The approach to retain TPS 4 zoning is similar to Council’s recommendation for other properties at the 18 June 2019 Council meeting. CARRIED 12/0 7.54pm
Cr Mummery has provided the following reasons: Additional community feedback seeks to have the zoning of the 15 lots fronting Railway Road (between Heytesbury Road and Redfern Street) in TPS 4 maintained in LPS 5. The lots are adjacent to the Sadlier and Redfern Heritage Area which has recently been adopted by Council. Heritage and established character are valued aspects for the community and retaining the current density will provide the opportunity to further consider heritage proposals.
Officer Comment There is no objection to this proposal as it: Provides consistency with how other lots were considered; and Residential R40 may provide for additional driveways on narrow lots which may detract from a desirable streetscape, pedestrian and traffic outcomes.
CITY OF SUBIACO 48 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
11.3 SUBIACO COUNCIL’S FUTURE SPORT SPACE
Submitted by: Cr Julie Matheson Date: 11 July 2019 Voting requirements: Simple - more than half elected members present required to vote in favour.
COUNCIL DECISION Moved Cr Matheson / Seconded Cr Gedero That Council receives a report, at its next Council Meeting on 20 August 2019 that: 1. Provides a summary of the recommendations contained in the Cardno Future Sport Space Requirements - Subiaco Sport Space report dated November 2016 (attached); 2. Updates the Sports Space requirements for hosting organised sports in the City under the proposed Local Planning Strategy and Scheme No 5 approved by the Council on 18 June 2019; 3. Describes what methodology will be used to ensure the sport space requirements are addressed in future planning of the City of Subiaco including areas controlled by MRA; 4. Proposes a written advocacy strategy for the City to undertake with community stakeholders and State Government departments including the Department of Local Government, Sport and Cultural Industries to prioritise the allocation of new sport space in the City of Subiaco to meet the updated density requirements highlighted in the Cardno report. CARRIED 12/0 8:19pm
Cr Matheson has provided the following reasons: The current level of public Sport Space in the City of Subiaco is approximately 7.81ha, which is equivalent to only 4.5m2 per resident based on the estimated 2016 population. As can be seen from the table in the Cardno report on page iv, this represents “a serious current undersupply of Sport Space within the City of Subiaco”, which will only worsen with population growth. Modelling from the Department of Sport suggests that: "16m2 to 19.5m2 per resident (6.5m2 per person for playing surface plus buffer land for auxiliary infrastructure at a ratio of 1:1.4 and in some instances a ratio of up to 1:2) be provided to accommodate sport. The lower figure of 16m2 is more appropriate where multi-use reserves with several playing surfaces are being provided, enabling shared use of supporting infrastructure. The larger figure of 19.5m2 is more appropriate where sites provided are single stand-alone sporting fields". Ref: Department of Local Government, Sport and Cultural Industries, Public Open Space, https://www.dsr.wa.gov.au/support-and-advice/research-and- policies/policies/public-open-space "Within the City of Subiaco and even the surrounding area, there are no obvious opportunities to add significant amounts of Sport Space to the current supply, other than Subiaco Oval, Kitchener Park, and any land that might become available in the eventual redevelopment of the Princess Margaret Hospital site." Ref: Cardno Future Sport Space Requirements - Subiaco Sport Space report dated November 2016 Rosalie Park is the only open public sports space in the City capable of hosting organised sports and "houses the largest combinations of sporting fields in the
CITY OF SUBIACO 49 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
western suburbs, catering for most of the City's active sporting activities". Ref: City of Subiaco Sporting Facilities, Rosalie Park (website) With added pressure from a growing population outside the City taken into account, the current undersupply and future pressure on public Sport Space is likely to become even greater. That Council makes decisions supported by the Strategic Community Plan - Sense of community - 1.2.2 Ensure a range of recreation opportunities for the community, Parks, open spaces and places - 2.2.1 Ensures parks, streetscapes, open spaces and public placed are developed and utilised to maximum benefit for current and future community members, The Built Environment - 4.2.2 Work to ensure appropriate infrastructure (sports space) exists to support increased density, Council leadership - 6.1.1 A leading council that is supported by an excellent organisation
Officer Comment The City does not support this Elected Member’s motion.
In 2016 the City engaged Cardno WA Pty Ltd to prepare a report on the future requirements for active open space within the City of Subiaco. This took into account the work undertaken on the development of the North Subiaco structure plan that was presented to Council in October 2016. Cardno’s report was subsequently presented to Council on 22 November 2016 and is referenced in the City of Subiaco Draft Local Planning Strategy adopted by Council on 7 February 2019, inclusive of a series of actions relating to active open space.
The only viable option for additional active open space as identified in Cardno’s report and noted in the Council report’s resolution, was for the City to actively seek to obtain Subiaco Oval for active open space community use when elite AFL competition ceases at the site. The provision of active playing space was included in the City’s Memorandum of Understanding (MOU) with the State Government in relation to the Subiaco Oval following the State Government’s announcement in June 2017 that a public high school would be built on Kitchener Park.
The resolution of Council at the special Council meeting of 30 January 2018 relating to the endorsement of the MOU also required the City to continue to emphasise the City’s intent to include a number of items in the Master Planning of the Subiaco Oval Precinct (now known as Subiaco East), one being the need for additional active playing fields of approximately 1.73ha to be incorporated into the Master Plan.
Since then, the Mayor, Chief Executive Officer and City officers have met regularly with representatives of Landcorp, Metropolitan Redevelopment Authority and other state government departments and significant progress has been made and advocacy will continue for the provision of active playing space in the final outcome for Subiaco Oval and the Subiaco East precinct in general.
The strategic workshop for Elected Members on Tuesday 6 August will include an update on some elements of the Subiaco East project and this will include the latest information regarding the future use of Subiaco Oval. Therefore the Elected Member Motion is not supported at this stage.
CITY OF SUBIACO 50 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
11.1 NATIONAL REDRESS SCHEME
Submitted by: Cr Julie Matheson Date: 1 July 2019 Voting requirements: Simple - more than half elected members present required to vote in favour.
COUNCIL DECISION Moved Cr Matheson / Seconded Cr Gedero That Council requests a report from the CEO on the implications for the City of Subiaco participating in the National Redress Scheme in order for the City to determine a formal position by resolution as to whether the City will participate in the Scheme and if so, on what terms. CARRIED 9/3 MAYOR TAYLOR AND CRS MANSFIELD AND MUMMERY VOTED AGAINST 8:33pm
Cr Matheson has provided the following reasons: At the WALGA Central Metropolitan Zone Meeting held at the City of Vincent Item 5.1 – National Redress and Local Government (05-086-03-0004KD) was considered. (Please circulate this item of business to Subiaco councillors) The recommendation in the report was expressed as:
“That WA Local Government participation in the State’s National Redress Scheme declaration with full financial coverage by the State, be endorsed in principal [sic], noting that further engagement with the sector will occur in the second half of 2019.”
The item was DEFERRED pending further information and to give each zone Council the opportunity to consider implications and formulate a formal position on the issue. The majority of the zone delegates appeared to share concerns that local governments had not had the opportunity to review in any detail the implications of joining the National Redress Scheme and that the proposal (regardless of any terms agreed with the State regarding entry to the Scheme) is likely to have some impact on local government whether it be resourcing, setting up new procedures, legal advice required in handling a claim under the Scheme, record keeping or importantly, implications regarding insurance cover. It was not considered full financial coverage was necessarily going to be achieved in any event. It was also noted that further consultation is yet to occur on the issue. LGIS have stated that they will not cover any redress payments made by local governments. Currently the maximum amount payable in response to a claim is $150,000. Further information was also requested as to what position had been adopted by other local governments in other states and what agreements or terms had other local governments reached with their state governments on terms of entry into the Scheme as it is a national scheme. The scheme is more an opt in or do not opt in proposition. WALGA’s report at page 7 states that Institutions that agree to join the Scheme are required to adhere to the legislative requirements set out in the National Redress Scheme. Since attending the Central Zone Metropolitan Meeting, the National Redress Scheme has been subject to further media attention. (See article attached). It seems there may be proposals afoot to increase the maximum amount payable under the Scheme to $200,000. The article suggests that in one year of the
CITY OF SUBIACO 51 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Scheme’s operation 4,000 claims have been made but only 5% of those claims have to date been finalised.
Officer Comment The Administration acknowledges that the National Redress Scheme is a complex issue and that it is essential that the implications for the City of Subiaco are understood prior to determining whether or not to participate in the Scheme. Rather than preparing a report on this matter at this point in time it is recommended that the Director Strategic Coordination and Delivery, or their representative, from the Department of Local Government, Sport and Cultural Industries, be invited to meet with Elected Members to present an overview of the Scheme and implications for local government, as well as to answer queries from Elected Members. It is anticipated that this session will identify all issues to be addressed when a report is prepared on this matter, noting that following the session with the Department it may be considered more appropriate to wait until further consultation, as referred to in the WALGA recommendation, is undertaken prior to preparing a report for Elected Member consideration.
CITY OF SUBIACO 52 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Item 11.2 was dealt with earlier in the meeting. See page 48.
11.2 LPS5
Submitted by: Cr Malcolm Mummery Date: 8 July 2019 Voting requirements: Simple - more than half elected members present required to vote in favour.
CITY OF SUBIACO 53 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Item 11.3 was dealt with earlier in the meeting. See page 49.
11.3 SUBIACO COUNCIL’S FUTURE SPORT SPACE
Submitted by: Cr Julie Matheson Date: 11 July 2019 Voting requirements: Simple - more than half elected members present required to vote in favour.
CITY OF SUBIACO 54 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
Crs Matheson, Richardson and Stroud declared an IMPARTIALITY interest on this item.
11.4 SUBIACO COUNCIL’S FOI ASSISTANCE TO APPLICANTS
Submitted by: Cr Julie Matheson Date: 11 July 2019 Voting requirements: Simple - more than half elected members present required to vote in favour.
ELECTED MEMBERS’ MOTION Moved Cr Matheson / Seconded Cr Richardson That Council receives a report, at its next Council Meeting on 20 August 2019 that: 1. Provides the number of FOI applications received for the period between 1 July 2018 to 30 June 2019 and includes their number of days to provide a decision and whether each was subject to an internal review and subsequent external review. 2. Summarises any changes to the City's approach to the processing of FOI requests. LOST BY CASTING VOTE OF THE MAYOR 6/7 MAYOR TAYLOR AND CRS DAVIS, MUMMERY, MANSFIELD, NASH AND ROWE VOTED AGAINST 8:45pm
Cr Matheson has provided the following reasons: The Freedom of Information Act contemplates a maximum time period for responding to a request of 45 days. However, the time it can take to access documents can be extended by the City's approach taken to dealing with the request. It can be very difficult and time consuming to obtain documents from the City via Freedom of Information. This report is intended be focused on the City being more helpful to members of the public when making applications. That Council makes decisions supported by the Strategic Community Plan - Council leadership - 6.1.1 A leading council that is supported by an excellent organisation, 6.1.3 Be innovative, responsive and maintain a strong customer focus.
Officer Comment Officers support this Elected Member’s motion. The City of Subiaco already provides annual external reporting to the Office of the Information Commissioner (OIC) and annual internal reporting, therefore this report would take minimal resources to provide.
It should be noted that, in the absence of any specific privacy legislation in WA the Information Commissioner has given greater prominence to the third party consultation requirements under the Freedom of Information Act 1992 (FOI Act) to protect the privacy interests of individuals. Therefore the City would be required to process any report with the same approach, excluding any personal details or any other information that would identify those individuals. A summary aggregated report of FOI applications as outlined in this Elected Member’s motion prevents the possibility of the privacy of individuals being impacted.
The City of Subiaco is bound by the legislation under the FOI Act. Sections of the FOI Act legislate how FOI applications are processed and the ‘permitted period’ of 45 days for a decision to be provided, unless an agreement is made between the applicant and
CITY OF SUBIACO 55 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES the City. The report requested in this Elected Member motion will provide processing times of FOI applications. The City does not employ a full time FOI Officer.
Under section 100(1) of the FOI Act the Chief Executive Officer is responsible for the implementation of all decisions in accordance with the FOI Act. In addition, the Chief Executive Officer’s functions as outlined within section 5.41 of the Local Government Act (1995) which includes management of the City’s day to day functions including FOI processes and information on the website.
CITY OF SUBIACO 56 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
11.5 SELECT COMMITTEE INTO LOCAL GOVERNMENT
Submitted by: Cr David McMullen Date: 11 July 2019 Voting requirements: Simple - more than half elected members present required to vote in favour.
COUNCIL DECISION Moved Cr McMullen / Seconded Cr Rowe That Council request the Chief Executive Officer to: 1. produce a draft submission to the WA Legislative Council's Select Committee into Local Government, addressing as many items of the Committee's terms of reference as is practicable; 2. base the draft submission on the individual submissions of Elected Members, which may be provided to the CEO on or before 6 August 2019; and 3. provide the draft submission and a report to Council for consideration at the 20 August 2019 Ordinary Council Meeting. CARRIED 12/0 9:01pm
Cr McMullen has provided the following reasons: The Select Committee is calling for submissions. Under its terms of reference, the Select Committee 'is to inquire into how well the system of local government is functioning in Western Australia, with particular reference to - (a) whether the Local Government Act 1995 and related legislation is generally suitable in scope, construction and application; (b) the scope of activities of local governments; (c) the role of the department of state administering the Local Government Act 1995 and related legislation; (d) the role of elected members and chief executive officers/employees and whether these are clearly defined, delineated, understood and accepted; (e) the funding and financial management of local governments; and (f) any other related matters the select committee identifies as worthy of examination and report'. Submissions close 23 August 2019, necessitating the timeframe outlined in this motion. Council has previously expressed support for a parliamentary inquiry into the Local Government Act, by resolution at the Ordinary Council meeting on 19 March 2019 as follows.
That Council makes a submission to WALGA and to the Minister for Local government with the following recommendations: 1. That the review and reform of the Local Government Act 1995 be referred to a Parliamentary Committee. 2. The role of WALGA is included in the review
CITY OF SUBIACO 57 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
The WA Local Government Association (WALGA) will make its own submission and also encourages all Local Governments to prepare a submission. It is imprudent to assume that the WALGA submission will adequately address all concerns and views of the City of Subiaco. The only way for views representative of the City of Subiaco to be put before the Committee, is for City of Subiaco to make a submission.
Officer Comment Officers support this Elected Member’s Motion.
CITY OF SUBIACO 58 23 JULY 2019 ORDINARY COUNCIL MEETING - MINUTES
12. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY A DECISION OF THE MEETING Nil
13. MEETING CLOSED TO THE PUBLIC Nil
14. CLOSURE OF MEETING
The Presiding Member declared the City of Subiaco Ordinary Council Meeting of 23 July 2019 closed at 9:01pm.
CITY OF SUBIACO 59