Council Minutesminutes

CouncilCouncil MinutesMinutes

22 July 2003

MEETING OF COUNCIL 22 JULY 2003 INDEX OF MINUTES

1. Declaration of Opening/Announcement of Visitors...... 1

2. Record of Attendance/Apologies/Leave of Absence...... 1

3. Questions from Elected Members of Which Previous Notice Has Been Given (Without Discussion)...... 1

4. Public Question Time ...... 1

5. Applications for Leave of Absence...... 2

6. Petitions/Deputations/Presentations ...... 2

7. Confirmation of Minutes ...... 2

8. Announcements by the Mayor without Discussion...... 2

9. Committee Reports...... 2

Technical Services Committee...... 4

TS03.66 St John of God Subiaco Hospital Development – Traffic...... 6 TS03.67 Western Power Streetlight Infrastructure...... 20 TS03.68 Road Closures around Wollaston College – Wollaston Road, Le Fanu Place and Huddleston Road...... 28 TS03.69 National and State Safety Black Spot Program 2004/2005 ...... 34 TS03.70 Birkdale Street – Kerbside Parking...... 38 TS03.71 Right-of-Way bounded by Woolwich Street, Ruislip Street, Blencowe Street and Northwood Street – Removal of Trees ...... 40 TS03.72 Verge Development – 7 Baramba Road, City Beach ...... 46 TS03.73 Beaches and Dunes – Erosion Management Practices ...... 50 TS03.74 Lake Monger and Perry Lakes Reserves – Accessible Paths ...... 56

Policy and Administration Committee...... 61

PA03.20 Perry Lakes Stadium and Associated Sporting Facilities ...... 64 PA03.21 Parking Facilities Local Law: Tow Away and Impounding Provisions ...... 76 PA03.22 Delegation of Authority to Chief Executive Officer...... 85

Corporate and Customer Services Committee ...... 90

CCS03.71 Cambridge Bowling and Recreation Club – Proposed Synthetic Greens ...... 92 CCS03.74 Accounts for Payment...... 111 CCS03.75 Investment Schedule...... 112 CCS03.76 Documents Sealed...... 113 CCS03.77 Leederville Town Hall – Lesser Hall Licence Agreement ...... 115 CCS03.78 Quarry Amphitheatre – Orchestra Pit ...... 121

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\A Council Front.doc i COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.79 Demolition of Shop at 90 Cambridge Street ...... 123 CCS03.80 Plan of Principal Activities : 2003-2008 ...... 127

Development and Environmental Services Committee...... 131

DES03.105 Lot 2 (No. 5) Newnham Street, West Leederville – Proposed Two Storey Residence with Cellar and Attic...... 133 DES03.106 Lot 41 (No. 6) Bournville Street, Floreat – Proposed Single Storey Residence...... 137 DES03.107 Lot 65 (No. 5) Dilkara Way, City Beach – Proposed Additions and Alterations Including Front Wall...... 142 DES03.108 Lot 184 (No. 313) Salvado Road, Floreat – Proposed Additions and Alterations...... 147 DES03.109 Lot 298 (No. 40) Orrel Avenue, Floreat – Request for a Zincalume Roof for a Single Storey Dwelling...... 150 DES03.110 Lot 495 (No. 88) Essex Street, (Corner Grantham Street), Wembley – Primary and Secondary Street Fence...... 153 DES03.111 Lot 1371 (No. 30) Kilkenny Road, Floreat – Fencing in Front Setback Area ...... 157 DES03.112 Metropolitan Region Scheme Amendment No. 1065/33 Edith Cowan University Campus, Churchlands ...... 161 DES03.113 Proposal for Street Name Change – The Boulevard, Wembley ...... 164 DES03.114 Proposed Administrative Fees – Acknowledgement of Unauthorised Buildings...... 170 DES03.115 Proposed Policy – Recovery of Administrative Costs for Professional Assessments and Peer Reviews of Building Applications for Major Building Projects (ITEM WITHDRAWN)...... 173 DES03.116 Delegated Decisions and Notifications ...... 174 DES03.117 Building Licences Approved Under Delegated Authority...... 176

10. Elected Members Motions of which Previous Notice has been Given ...... 178

11. Representation on Statutory Authorities and Public Bodies ...... 180

12. Late Items...... 181

12.1 Budget For The Year Ended 30 June 2004...... 181 12.2 Private Swimming Pool Inspection Program 2003-2004 ...... 189 12.3 Membership Of Standing Committees: Mayor...... 191

13. Confidential Items...... 193

13.1 CCS03.81 Disability Services Advisory Committee - Nominations ...... 193

14. Closure ...... 193

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\A Council Front.doc ii

MINUTES OF THE ORDINARY MEETING OF THE TOWN OF CAMBRIDGE HELD AT THE COUNCIL’S ADMINISTRATION/CIVIC CENTRE, 1 BOLD PARK DRIVE, FLOREAT ON TUESDAY 22 JULY 2003.

1. PRAYER, DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS

Her Worship the Mayor took the Chair and the prayer was read by the Chief Executive Officer. The meeting was declared open by the Mayor at 6.08 pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present:

Mayor: Marlene Anderton

Councillors: Kate Barlow Rod Bradley Graham Burkett Alan Langer Corinne MacRae Ken McAullay Pauline O’Connor JP Hilary Pinerua

Officers: Graham D Partridge, Chief Executive Officer Chris Colyer, Executive Manager Technical Services Jason Buckley, Executive Manager Corporate and Customer Services Ian Birch, Executive Manager Development and Environmental Services Denise Ribbands, Administration Officer

Apologies:

Nil

Leave of Absence:

Nil

3. QUESTIONS FROM ELECTED MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)

Nil

4. PUBLIC QUESTION TIME

Jan Billinness, Alexander Street, Wembley

Question

Dear Mayor, I hope you are better. I accept your reason from last month’s meeting, but still, to date, have yet to receive a reply so wish to reiterate my original question.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\A Council Front.doc 1 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Why can a humble elector not get a reply from a candidate who was elected on a platform of openness, interest and accessibility? E-mails sent 13 April 2003, 17 June 2003 and 22 June 2003.

Response

Mayor Anderton said that she had responded to Mrs Billiness’ E-mails. Mayor Anderton read out loud the E-mails received from Mrs Billiness on 13 April 2003 and 17 June 2003 expressing concerns that the Council is ignoring the wishes of a majority of electors in favour of a small minority of Jersey Street residents. Mayor Anderton said that she had arranged to meet Mrs Billiness to discuss the concerns raised in her E-mails.

5. APPLICATIONS FOR LEAVE OF ABSENCE

Moved by Cr O’Connor, seconded by Cr Pinerua

That in accordance with Clause 2.9 of the Standing Orders, approval be given for Leave of Absence to be taken by Cr McAullay from 25 August to 3 October 2003 inclusive.

Carried

6. PETITIONS/DEPUTATIONS/PRESENTATIONS

Christmas Lights, Lake Monger

A petition signed by 222 residents has been submitted by Mary Holliday, 55 Daglish Street, Wembley requesting that Council considers continuing the Christmas lights at Lake Monger Drive.

Proposed Development Mercy Retirement Village

Two petitions have been received objecting to the proposed Mercy Retirement Village development.

A petition signed by 27 residents of Barrett Street has been submitted by Greg Mighall, 16 Barrett Street, Wembley.

A petition signed by 24 residents of St Vincent’s Avenue has been submitted by Leeann and Paul Sadleir, 9 St Vincent’s Avenue, Wembley.

Rezoning of Lots 273 and 274 The Boulevard

A petition signed by 182 residents of Ocean Gardens Retirement Village has been submitted requesting that Council revokes its decision to rezone Lots 273 and 274 The Boulevard.

Moved by Cr Langer, seconded by Cr Burkett

That in accordance with Clause 2.26 of the Standing Orders, the petitions be received and referred to the appropriate committee.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\A Council Front.doc 2 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

7. CONFIRMATION OF MINUTES

Moved by Cr Burkett, seconded by Cr Pinerua

That the Minutes of the Ordinary Meeting of the Council held on 24 June 2003 be confirmed.

Carried

8. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

Bereavement

It is with much sadness that we note the recent passing of former Councillor Ian Steele.

Ian was a Councillor for the Town of Cambridge from 1997 to 2001 and during his term served the ratepayers and residents of the Town with energy and dignity, bringing with him a wealth of experience, knowledge and strategic planning principles. I would like to have recorded the Council’s gratitude for his service to the Town and our sincerest condolences to Pauline and his family.

The Mayor asked those present to stand for a moments silence in remembrance.

Mayoral Chain

The Mayor announced that she had decided not to wear the Mayoral chain for Council meetings and would only be wearing it for special civic functions.

Underground Power, City Beach

The Mayor advised that City Beach has been approved as a Round 3 Underground Power Programme Project subject to a detailed proposal being prepared.

9. COMMITTEE REPORTS

Prior to consideration of the following reports, members of the public present at the meeting were reminded by the Mayor that they should not act immediately on anything they hear at this meeting, without first seeking clarification of Council’s position. They were advised to wait for written advice from the Council before taking any action on any matter that they may have before the Council.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\A Council Front.doc 3 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TECHNICAL SERVICES COMMITTEE

The report of the Technical Services Committee Meeting held on 8 July 2003 was submitted as under:-

1. DECLARATION OF OPENING

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

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present : Time of Time of Entering Leaving Members:

Cr Pauline O’Connor JP (Presiding Member) 6.00 pm 7.38 pm

Cr Kate Barlow 6.00 pm 7.38 pm Cr Rod Bradley 6.00 pm 7.38 pm Cr Ken McAullay (Deputy) 6.00 pm 7.38 pm

Observers:

Mayor Marlene Anderton 6.05 pm 7.38 pm Cr Hilary Pinerua 6.04 pm 7.38 pm

Officers:

Graham Partridge, Chief Executive Officer (from 7.30 pm) Chris Colyer, Executive Manager Technical Services Ian Birch, Executive Manager Development and Environmental Services Ross Farlekas, Manager Parks and Landscape Jon Bell, Manager Construction and Operations Neil Costello, Manager Policy and Administration

Adjournments: Nil

Time meeting closed: 7.38 pm

APOLOGIES/LEAVE OF ABSENCE

Cr Alan Langer – Apology

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 4 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

3. PUBLIC QUESTION TIME

Nil.

4. DEPUTATIONS AND PETITIONS

Item TS03.71 – Mr Peter Jensen – Owner adjoining right of way.

5. CONFIRMATION OF MINUTES

Moved by Cr Bradley, seconded by Cr O’Connor

That the Minutes of the Ordinary meeting of the Technical Services Committee held on 10 June 2003 as contained in the June 2003 Council Notice Paper be confirmed.

Carried

6. DECLARATION OF MEMBERS INTERESTS

Nil

7. REPORTS

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 5 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.66

ST JOHN OF GOD SUBIACO HOSPITAL DEVELOPMENT – TRAFFIC (File Reference: PRO 0574)

PURPOSE OF REPORT:

To consider the St John of God Hospital Subiaco Redevelopment Traffic Study associated with the development of an additional 393 on-site parking bays and the traffic impact on the surrounding roads including:-

• Cambridge Street. • McCourt Street. • Railway Parade/Salvado Road. • Station Street.

BACKGROUND:

In 2002, Consultants working with St John of God Health Care Redevelopment Group discussed with Council Officers the possibility of increasing the carpark capacity at the St John of God Hospital Subiaco site and the potential impact on the surrounding Council roads. In June 2003, a subsequent meeting was held with Elected Members and staff to provide an update on the progress for this redevelopment.

Sinclair Knight Merz have prepared a traffic study entitled ‘St John of God Health Care – Subiaco Hospital Redevelopment – Traffic Study, Final November 2002’, that provides the basis for the development of traffic access to the site. In the study, traffic access includes:-

• Doctor and ambulance emergency access. • Staff parking. • Visitor parking. • Bus service. • Cyclists. • Pedestrian access to Subiaco Railway Station.

As part of other discussions, there are a number of issues that need to be recognised, namely:-

• The Subiaco Redevelopment and a potential new road entering Salvado Road from the south, just west of the existing Subiaco St John of God Hospital access driveway. • The Perth Bicycle Network and Town of Cambridge Bike Plan recognising the cycle route from Subiaco at Haydn Bunton Drive, through Salvado Road adjacent to the St John of God Hospital extending westwards to the City to Sea Greenway commencing at the intersection of Bishop Street and Salvado Road. • The current traffic accidents in the roads around St John of God Hospital. • The concern of residents in Connolly Street with respect to traffic rat-running between Lake Monger Drive and Cambridge Street. • Kerbside parking issues in the streets surrounding the St John of God Hospital. • The need for liaison between the Town of Cambridge and City of Subiaco with respect to works on the boundary road of Salvado Road/Railway Parade (Station Street to McCourt Street). • Subiaco Oval Events traffic.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 6 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

A copy of part of the Sinclair Knight Merz report dated November 2002 has been included in the attachments to this report. The full report is to be tabled at the Committee and Council meetings.

DETAILS:

The traffic volumes around the St John of God Hospital Subiaco bear a significant impact on the access to the hospital. The nature of the perimeter roads is:-

• Cambridge Street – two lanes in each direction with a narrow median carrying 18,000 to 19,000 vehicles per day. • Salvado Road on the southern side of the hospital is a single lane in each direction carrying 13,000 to 14,000 vehicles per day. • Railway Parade on the southern side of St John of God Hospital Subiaco carries approximately 14,000 vehicles per day. • McCourt Street on the eastern side of St John of God Hospital Subiaco is a single lane carriageway in each direction carrying approximately 2,000 to 3,000 vehicles per day. • Station Street on the western side of St John of God Hospital Subiaco is a single lane carriageway in each direction carrying approximately 2,000 vehicles per day.

It is clear that the volume of traffic on Cambridge Street and the frequency of intersections on the northern side of Cambridge Street, plus the access to the hospital on the southern side of Cambridge Street are all factors that contribute to traffic speed reduction. The traffic volume in both Station Street and McCourt Street is low, however, the frequency of kerbside parking causes inconvenience to the adjacent residential property occupiers.

The traffic volume and location of Salvado Road makes this the most free flowing and accessible street adjacent to the hospital.

It is recognised that some doctors from St John of God Hospital have surgeries in the adjacent streets. Further, a frequent doctor commuting route is via Haydn Bunton Drive for those commuting from Sir Charles Gairdner Hospital, Queen Elizabeth II Hospital, Princess Margaret Hospital and doctors’ surgeries in Subiaco. The direct access from Haydn Bunton Drive into Salvado Road and an updated St John of God Hospital access off Salvado Road would expedite access for these doctors. The traffic signals at Salvado Road/Haydn Bunton Drive facilitate this movement.

The accident pattern adjacent to the St John of God Hospital Subiaco is a concern. The specific areas of concern are:-

• Railway Parade/McCourt Street intersection – 7 right angled accidents and 11 accidents in total. • Cambridge Street/McCourt Street intersection – 5 right angled accidents and 17 accidents in total. • Cambridge Street/Station Street intersection – 8 right angled accidents and 17 accidents in total. • Cambridge Street (McCourt Street to Station Street) – 7 right angled accidents and 29 accidents in total. • McCourt Street (Railway Parade to Cambridge Street) – 2 right angled accidents and 8 accidents in total.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 7 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• Salvado Road (Station Street to Haydn Bunton Drive) – 1 right angled accident and 7 accidents in total.

These accidents statistics have been taken from a summary for a five year period from 1997 to 2001. The number of accidents in the sections of roads do not include the number of accidents at the road intersections. The right angled accidents are highlighted as they are usually the most severe.

The total number of accidents in Cambridge Street from Station Street to McCourt Street, including intersections for the five years up to 31 December 2002, is 55.

From the National Black Spot Casualty Crash Criteria for the five years ending 2002, there were:-

• Seven casualty accidents at McCourt Street/Cambridge Street. • Three casualty accidents at the intersection of Station Street and Cambridge Street. • Eight casualty accidents in Cambridge Street between Station Street and McCourt Street (this does not include the intersection casualty accidents.)

From the above statistics, it is clear that the frequency of intersections in Cambridge Street between Station Street and McCourt Street including the St John of God Hospital access intersection not only reduces traffic speed but also causes a degree of driver frustration resulting in accidents. Any practical steps to resolve this issue associated with the redevelopment of St John of God Hospital Subiaco should be recognised.

The major intersection accidents of concern are:-

• Railway Parade and McCourt Street Intersection

Some of these accidents may be reduced by the introduction of a median island in Railway Parade at McCourt Street as part of the 2003/2004 Council Budget. • Cambridge Street/Station Street Intersection Some of these accidents may be reduced by moving kerbside parking away from the intersection. This would be practical in association with the St John of God Hospital development increased on-site carparking. Consideration has been given to the introduction of a traffic island in Station Street, however, the existing Telecom manhole at the south-west corner and the Western Power pole on the south-east corner makes this project beyond the benefit cost ratio of a Black Spot grant. • Cambridge Street/McCourt Street Intersection Some of these accidents may be reduced by the removal of kerbside parking further from the intersection. The removal of the kerbside parking may be practical in association with the St John of God Hospital increased on-site parking. Consideration has been given to the introduction of a traffic island in McCourt Street, however, the existing Telecom manhole on the south-east corner and the Western Power pole on the south-west corner would negate the benefit cost ratio for a Black Spot grant. • Railway Parade/McCourt Street Intersection.

This project will be considered with the 2004/2005 Black Spot grant applications. A median island in McCourt Street at the Railway Parade intersection would assist with this issue.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 8 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Consideration has been given to carrying out adjustments to traffic signals at a number of sites, (for example, at the intersection of Harborne Street and Cambridge Street), to reduce traffic accidents. It has been shown that the traffic pattern is dominated by AM and PM peak traffic volumes. The reverse traffic phasing between AM and PM would restrict the intersection capacity to the extent that there is no indication that the number of accidents would be reduced.

There are 1,125 formal parking bays existing on-site. This includes an additional 85 bays which have been provided since the 2001 traffic study. It is proposed that, as part of the redevelopment of St John of God Hospital Subiaco, there will be 1,518 formal on-site parking bays.

The proposed carparking development on the St John of God Hospital site, as indicated in the Sinclair Knight Merz report 2002, page 19, table 4-3, shows an increase of 393 formal on-site parking bays. There will be a minor reduction in the carpark bays off McCourt Street (44 less bays) and the increase off Station Street will be minimal. The decrease in carpark access off Cambridge Street is significant as is the increase off Salvado Road. The exact number of increase or decrease of bays off Salvado Road, Cambridge Street and Station Street will depend on the internal access available to the carpark bays off both roads. However, it is clear that the internal layout diagrams to date show a significant preference for access to be off Salvado Road. It is considered that there will be an increase of approximately 480 formal carpark bays with access off Salvado Road.

This adjustment of carpark bay access and additional bays will have a significant impact on the street traffic patterns. From the November 2002 report, page 26, table 5.1, it is clear that there will be a reduction of traffic accessing the hospital from Cambridge Street, an increase off Station Street, an increase off Salvado Road and a decrease off McCourt Street. It is estimated that the variations will be:-

• Cambridge Street – 2,000 vehicles per day. • Station Street + 250 vehicles per day. • Salvado Road + 4,000 vehicles per day. • McCourt Street - 200 vehicles per day.

It is considered that the reduction of traffic in Cambridge Street may lead to a reduction in accidents between Station Street and McCourt Street. The variation in traffic due to carpark access off both Station Street and McCourt Street will have little impact. The variation of traffic in Salvado Road will lift the capacity of Salvado Road to its limit and consideration must be given to a number of issues, in Salvado Road, namely:-

• Removal of kerbside parking. • Careful design of crossovers and in some cases, restriction to ‘Left In’, ‘Left Out’ only. • Careful consideration for pedestrian crossings over Salvado Road to the Subiaco Railway Station. • A ‘Left In’, ‘Left Out’ only for any new access road from the Subi Centro development onto Salvado Road. (This is recognised by the Subiaco Redevelopment Authority). • Clear recognition of the strong curve in Salvado Road between the St John of God Hospital entrance and Station Street, and its impact on traffic and motorist/pedestrian sight distance.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 9 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

The importance of the access off the road network to St John of God Hospital must clearly recognise the access for:-

• Ambulance service. • Doctors access. • Emergency vehicles. • Congestion caused by increased traffic volumes. • Local residents. • Through traffic. • Pedestrians. • Buses. • Cyclists.

The efficiency of the road network for these users is largely controlled by the efficiency of road/ road intersections. The efficiency of the intersections is measured by the traffic delays on a range of levels A to F. Level A is the most efficient traffic flow to Level F representing severely congested traffic.

The analysis of the Station Street/Salvado Road intersection before and after the carpark redevelopment of St John of God Hospital indicates that:-

• The level of service for Salvado Road west approach traffic will improve. • The level of service for Station Street south approach will reduce at peak AM from D (39 second delay) to E (62 second delay). • All other movements will remain the same. The level of service for the Salvado Road/Haydn Bunton Drive/Railway Parade intersection will not be altered from the current position. The level of service for the Salvado Road access to St John of God Hospital will be changed:-

• From A (6 second delay) to B (13 second delay) in the peak morning traffic for Salvado Road east approach traffic. • From B (15 and 14 second delay) to C (24 and 19 second delay) in both the AM and PM peak for the hospital access north approach. The level of service for access from Station Street will not be altered. The level of service for access from Cambridge Street recognising the ‘Left In’ and ‘Left Out’ only, will be improved. The level of service to and from McCourt Street will be maintained or improved.

The proposed works required to facilitate this change in carpark and hospital access will include:-

• A median island in Salvado Road with a right turn slip lane for westbound traffic in Salvado Road to access the St John of God Hospital carpark. • A median island in Cambridge Street to prevent right turn movements between Cambridge Street/Connolly Street and Cambridge Street/St John of God Hospital carpark. • A review and amendment to the Salvado Road/Station Street south intersection including signal phasing and road geometry.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 10 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

The detailed design and timing for this work is important. Prior to commencing any work in Salvado Road, it is essential that:-

• The City of Subiaco Council be notified of the proposals. • The Subiaco Redevelopment Authority be notified of the proposal and their requirements for pedestrian access and/or road access onto Salvado Road be considered. • An amendment to the signal phasing and road geometry at the Salvado Road/Station Street intersection as approved by the relevant Local Authorities and Main Roads WA be submitted to the Town. • The kerbside parking along Salvado Road between Station Street and Haydn Bunton Drive be removed. • Consideration be given to the introduction of a median island in Salvado Road for the full length from Station Street to Haydn Bunton Drive and this be incorporated into the design of the access to St John of God Hospital. The median island associated with the right turn access to St John of God Hospital Subiaco carpark to be included in the works associated with the redevelopment. • A 4.5 metre wide traffic lane for each direction in Salvado Road be accommodated as a minimum requirement to recognise and accommodate cyclists, as well as the existing road alignment. • The adjacent property owners on the southern side of Salvado Road be notified of the proposed redevelopment and the necessity to restrict right turn access into and out of their crossovers prior to submission of the proposal to Council.

The proposal to introduce a solid raised median island in Cambridge Street adjacent to and across Connolly Street and the access to St John of God Hospital is recognised. This will be a benefit to:-

• The reduction of accidents in this section of Cambridge Street. • The reduction of rat-run traffic through Connolly Street. • The improvement of the efficiency of the access from Cambridge Street into St John of God Hospital.

That the upgrading of the access off Salvado Road into St John of God Hospital may automatically reduce the traffic volume in Cambridge Street and thus negate some of this Cambridge Street median work. The timing and extent of the median work will need to be further considered in the light of future traffic counts and accident data.

There has been discussions concerning the introduction of traffic signals in Salvado Road, adjacent to the St John of God Hospital access, to assist traffic and pedestrian movement. It is understood that a pedestrian traffic signal crossing may be introduced and this will also require detailed design investigation prior to further consideration. The Subiaco Redevelopment Authority may request road access onto Salvado Road as a ‘Left In’, ‘Left Out’ movement without right turn movement. Provided this access has adequate sight distance, it should not interfere with the St John of God Hospital access and could be submitted separately to Council for approval.

Crossover access from the perimeter streets to St John of God Hospital will vary. It is considered that all crossovers should be reviewed in association with these works. In particular, the access off Salvado Road may be introduced as a side road access design. This will indicate that the pedestrian will move from the footpath down a pedestrian ramp and across the driveway access as though it were a side street off Salvado Road. This is in recognition of the

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 11 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

increased traffic volume at this location and the need for pedestrian caution. It is also anticipated that the footpath will extend across this driveway in footpath style, different to the road pavement to highlight the need for motorists to be cautious.

At all other accesses, it is recognised that the pedestrian will be given priority and the footpath will cross over the driveway at the same level as the driveway.

At all accesses into and out of St John of God Hospital, it is necessary for there to be adequate sight distance for the motorist to see the pedestrian prior to reaching the point of conflict. This may require the reduction of the boundary wall to be below 0.7 of a metre high for at least 2 metres on both sides of the driveway. Where this is not practical, a stop sign and holding line should be introduced for traffic exiting the property inside the private property. This will ensure the driver will stop before crossing the street footpath, as well as give way to the street traffic at the roadside kerb as required under the Traffic Act.

The internal driveways and carparking bay layout to ensure the queues to not develop and extend into the Council street to cause traffic congestion. This is particularly relevant to Salvado Road access.

Further, that the right turn lane in Salvado Road be extended to provide the maximum requirement, plus emergency capacity. This will negate right turn access to at lease one of the crossovers to the Church opposite, but considered essential, recognising the emergency and doctor access.

The St John of God Hospital Subiaco may develop a charge for on-site parking. This will provide a desirable income for the hospital. A minimum commercial charge compared to no charge in the surrounding streets may result in conflict. A minimum fee of up to $1.00 per hour up to $2.00 per day may encourage hospital staff and visitors to park on-site for convenience. This will require a formal application and Council review.

COMMENT:

The St John of God Health Care Hospital Redevelopment Traffic Study, November 2002, has introduced a trigger point to address a number of issues in and around the hospital site. It is clear that this development will impact significantly on the Council road network. It is anticipated that a successful project will depend on the integration of both the road network and the property accesses as well as the co-operation between a number of authorities including St John of God Redevelopment program, City of Subiaco Council, Subiaco Redevelopment Authority, Main Roads WA, Bikewest and Department of Planning and Infrastructure.

STRATEGIC DIRECTION:

This proposal is aimed to incorporate Council’s Strategic Direction including:-

• The Town Planning Scheme. • Support for property development. • Support for safe traffic on the road network. • Support of the bicycle network. • Support for safe and efficient parking. • Support for public transport. • Support for pedestrian access.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 12 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

FINANCIAL IMPLICATIONS:

It is proposed that any and all recommended development work be carried out at the cost of the developer and be a condition of planning consent.

POLICY IMPLICATIONS:

This recommendation is in accordance with Council’s policy and in accordance with the Strategic direction.

STATUTORY REQUIREMENTS:

Nil

PUBLIC CONSULTATION:

The St John of God Health Care Management has carried out letterbox drops to residents in the adjacent area within one block from the hospital.

CONCLUSION:

This is an interim report to Council to inform Elected Members and the community of the impending St John of God Hospital development and some traffic issues. Comments from Council will be forwarded to the developer for incorporation into the formal submission for planning approval.

ADMINISTRATION RECOMMENDATION:

Moved by Cr McAullay, seconded by Cr Barlow

That the following items be noted and addressed, in the consideration of the development application for the St John of God Hospital:-

(i) the St John of God Health Care Subiaco Redevelopment Traffic Study (November 2002) recommendations, as included in the attachments to this report and detailed below:-

• the proposed additional carparking of 393 bays will cater for the existing shortfall in demand and for the proposed redevelopment and expansion of the hospital; • the proposed parking provision exceeds the minimum parking requirements under the Town of Cambridge Town Planning Scheme by 281 bays; • the proposed redevelopment and expansion of the site is forecast to generate an additional 200 trips in the AM peak hour, 215 trips in the PM peak hour and 295 trips during the midday peak period associated with the hospital; • access to the visitor carparking in the multi-storey carpark is from Salvado Road; • access and egress to the staff/ doctor/ tenant carparking in the multi-storey carpark is from Salvado Road with an additional egress to Station Street and Cambridge Street; • the future internal road layout will prohibit any through traffic movements between Salvado Road and Cambridge Street; • the hospital access at Cambridge Street and Salvado Road are forecast to operate within capacity in the future scenario;

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 13 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• the forecast additional traffic volumes generated by the hospital can be accommodated on the local road network with no detriment to the intersection operations; • the proposals include the provision of new pedestrian footpaths and improved crossing provision on the internal road layout; and, • there is good pedestrian and cycle access to the site. This will be improved in the future when the link through to Subiaco Station and the proposed upgrade to the Perth Bicycle Network are completed. The recommendations as part of this traffic study include: • the provision of a left in/left out access only on Cambridge Street including a median island on Cambridge Street and modified access layout; • the closure of the through link between Cambridge Street and Salvado Road to allow the creation of a pedestrian walkway between the proposed multi-storey carpark and hospital entrance; • the provision of a median island on Salvado Road east of the access to improve the pedestrian crossing at this location; and • visitors to the hospital should receive detailed information on access to the hospital using public transport in addition to information on available parking areas and vehicle access. It is further recommended that a review of staff travel to and from St John of God should be undertaken to determine if there has been any increase in car pooling and the use of public transport since the introduction of the environmental awareness scheme;

(ii) the proposed road works associated with the St John of God Hospital development in Salvado Road be canvassed with:-

• City of Subiaco Council; • Main Roads WA; • Subiaco Redevelopment Authority; • Adjacent owners;

with a view to seeking their comments;

(iii) there be a review of the Salvado Road/Station Street south intersection to better balance traffic delays, to be approved by the relevant authorities and the review be part of the development approval consideration;

(iv) the St John of God Hospital management be notified that Council will give consideration to the proposed upgrading work in Salvado Road and Cambridge Street and that all works would be at the expense of the development;

(v) as part of the review of the proposed development, it is considered that all crossovers to the development be reviewed in particular the crossover and access off:-

• Salvado Road; • Cambridge Street; • McCourt Street; • Station Street;

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 14 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

(vi) the property roads, driveways and carpark be designed to ensure that traffic congestion does not occur in the Council road network.

Committee Meeting 8 July 2003

During discussion, Members noted the scope of the planned development and agreed that the major impact would be on traffic flows in the area. Members suggested a number of enhancements that could be made by St John of God Hospital Management in researching and detailing the impact of the development on traffic flows and parking in the West Leederville area. Members also requested information be provided prior to the July 2003 Council meeting regarding any future plans for the Subiaco TAFE site in Salvado Road.

Council Meeting 22 July 2003

Prior to consideration of this item Cr Barlow, in accordance with Section 5.65 of the Local Government Act 1995, declared an interest in this matter. Cr Barlow said that the nature of her interest is that she lives in close proximity to the planned development.

Cr Barlow subsequently left the meeting at 6.22 pm. Members resolved that in accordance with Section 5.68 of the Local Government Act 1995, Cr Barlow be allowed to participate in the discussion and vote upon the matter due to her interest being so trivial or insignificant as to be unlikely to influence the Members conduct in relation to this matter.

Cr Barlow returned to the meeting at 6.23 pm and participated in the discussion.

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That the following items be noted and addressed, in the consideration of the development application for the St John of God Hospital:-

(i) the St John of God Health Care Subiaco Redevelopment Traffic Study (November 2002) recommendations, as included in the attachments to this report and detailed below:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 15 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• the hospital access at Cambridge Street and Salvado Road are forecast to operate within capacity in the future scenario; • the forecast additional traffic volumes generated by the hospital can be accommodated on the local road network with no detriment to the intersection operations; • the proposals include the provision of new pedestrian footpaths and improved crossing provision on the internal road layout; and, • there is good pedestrian and cycle access to the site. This will be improved in the future when the link through to Subiaco Station and the proposed upgrade to the Perth Bicycle Network are completed.

The recommendations as part of this traffic study include: • the provision of a left in/left out access only on Cambridge Street including a median island on Cambridge Street and modified access layout; • the closure of the through link between Cambridge Street and Salvado Road to allow the creation of a pedestrian walkway between the proposed multi-storey carpark and hospital entrance; • the provision of a median island on Salvado Road east of the access to improve the pedestrian crossing at this location; and • visitors to the hospital should receive detailed information on access to the hospital using public transport in addition to information on available parking areas and vehicle access. It is further recommended that a review of staff travel to and from St John of God should be undertaken to determine if there has been any increase in car pooling and the use of public transport since the introduction of the environmental awareness scheme;

(ii) the proposed road works associated with the St John of God Hospital development in Salvado Road be canvassed with:-

• City of Subiaco Council; • Main Roads WA; • Subiaco Redevelopment Authority; • Adjacent owners;

with a view to seeking their comments;

(v) as part of the review of the proposed development, it is considered that all crossovers to the development be reviewed in particular the crossover and access off:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 16 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• Salvado Road; • Cambridge Street; • McCourt Street; • Station Street;

(vi) the property roads, driveways and carpark be designed to ensure that traffic congestion is minimised in the Council road network and that the impact on local residential areas is considered and protected to maintain the amenity of those areas;

(vii) the Council would be extremely concerned should any proposed roadway or thoroughfare access Salvado Road from the City of Subiaco in the immediate vicinity of the Station Street intersection. This matter should be clarified with the City of Subiaco and the Subiaco Redevelopment Authority;

(viii) the Council is concerned with the proposed loss of kerbside parking on the northern and southern sides of Salvado Road and any inconvenience that may be caused to users of St Joseph’s Church with parking and traffic movement. This matter should be discussed between St John of God Hospital management and representatives of St Joseph’s Church;

(ix) St John of God Hospital management be requested to provide information on traffic impacts during the various stages of the development and how these impacts are to be addressed.

During discussion, Cr MacRae queried the accuracy of the estimated reduction in traffic volumes in McCourt Street as indicated in the Sinclair Knight Merz Traffic Study report.

Amendment

Moved by Cr MacRae, seconded by Cr O’Connor

That clause (i) of the motion be amended by the addition of:-

• the forecast decrease in traffic volumes on McCourt Street be further justified by Sinclair Knight Mertz.

Amendment carried

The amended motion was then put and carried

The motion, as carried, is as follows:-

That the following items be noted and addressed, in the consideration of the development application for the St John of God Hospital:-

(i) the St John of God Health Care Subiaco Redevelopment Traffic Study (November 2002) recommendations, as included in the attachments to this report and detailed below:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 17 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• the proposed redevelopment and expansion of the site is forecast to generate an additional 200 trips in the AM peak hour, 215 trips in the PM peak hour and 295 trips during the midday peak period associated with the hospital; • access to the visitor carparking in the multi-storey carpark is from Salvado Road; • access and egress to the staff/ doctor/ tenant carparking in the multi-storey carpark is from Salvado Road with an additional egress to Station Street and Cambridge Street; • the future internal road layout will prohibit any through traffic movements between Salvado Road and Cambridge Street; • the hospital access at Cambridge Street and Salvado Road are forecast to operate within capacity in the future scenario; • the forecast additional traffic volumes generated by the hospital can be accommodated on the local road network with no detriment to the intersection operations; • the forecast decrease in traffic on McCourt Street be further justified by Sinclair Knight Mertz; • the proposals include the provision of new pedestrian footpaths and improved crossing provision on the internal road layout; and, • there is good pedestrian and cycle access to the site. This will be improved in the future when the link through to Subiaco Station and the proposed upgrade to the Perth Bicycle Network are completed.

(ii) the proposed road works associated with the St John of God Hospital development in Salvado Road be canvassed with:-

• City of Subiaco Council; • Main Roads WA; • Subiaco Redevelopment Authority; • Adjacent owners;

with a view to seeking their comments;

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 18 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

(v) as part of the review of the proposed development, it is considered that all crossovers to the development be reviewed in particular the crossover and access off:-

• Salvado Road; • Cambridge Street; • McCourt Street; • Station Street;

(ix) St John of God Hospital management be requested to provide information on traffic impacts during the various stages of the development and how these impacts are to be addressed.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 19 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.67

WESTERN POWER STREETLIGHT INFRASTRUCTURE (File Reference: TES 0140)

PURPOSE OF REPORT:

To advise Council of a proposal put forward by Western Power in relation to replacement of aged streetlight infrastructure that is not part of the existing overhead distribution and transmission network.

BACKGROUND:

In May 2000, the Administration commenced discussions with Western Power in relation to an asset management replacement initiative to prepare a program for replacement of aged steel streetlight pole standards within the Town that were not part of the overhead distribution and transmission network. Due to their age, excessive rusting has required the replacement of several poles which have collapsed for no reason other than structural integrity. The structural integrity of many poles, like the light poles on Underwood Avenue between Brookdale Street and Perry Lakes Drive, have been reinforced by Western Power by driving a steel angle into the ground adjacent to many poles. Damage has continued to occur as the outreach arms for several of the light standards have fallen off.

Several other poles have suffered similar damage with examples on Challenger Parade and Underwood Avenue having been repaired by Western Power. Also due to poor structural integrity, another steel pole located in Challenger Parade, just south of Boscombe Avenue, was blown over during a winter storm in 2003.

This issue was raised at the August 2002 Technical Services Committee (General Business Item 9.6) when the Committee requested that a report be submitted on the adequacy and safety of existing rusty street lighting poles along Challenger Parade, City Beach.

DETAILS:

This issue has been the subject of discussion since May 2000 and the Administration has now received a formal proposal from Western Power for consideration by Council. It is believed the delay was resultant from the requirement of the Western Power Corporation to develop a position on this issue, and to delay this advice until further rounds of the State Underground Power Program had been called. In relation to the Underground Power Program, round 3 applications have closed and a Ministerial statement on successful applicants is expected to be made in early July 2003. The Town has the remainder of City Beach as a project within this program.

Initially (May 2000), the following request was made to Western Power:-

“In the management of Council’s assets, a review of street lighting is being completed to assess the existing infrastructure condition in relation to the relevant Australian Standards. To assist Council in this review, Council requests your organisation’s position and commitment towards replacement of existing infrastructure that is at the end of its useful life and becoming both a safety concern and an eyesore to the general residential amenity. In particular, I refer to the many old steel street lights located within the Town of Cambridge. Streets that currently require attention would include:-

• Underwood Avenue - Brookdale Street to Perry Lakes Drive.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 20 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

- South side : 25 Street Light Poles. - North side : 30 Street Light Poles. - Central Medians : 3 Street Light Poles – Note: 1 of these does not operate as overhead wires are missing.

• Floreat Avenue – (formerly Brookdale Street) on the east of the Floreat Forum Shopping Centre. - 10 Street Light Poles – 1 has no lamp and shade currently. • Challenger Parade.

- Southern end adjacent to West Coast Highway : 2 Street light poles – 1 is missing a shade. - Falmouth Avenue to Boscombe Avenue : 8 Street light poles. - City Beach to Floreat Beach : 12 Street light poles. • West Coast Highway.

- This is managed by Main Roads WA.

The section between Helston Avenue and City of Stirling/Town Boundary is currently the only section where central outreach standards are not installed.”

Other sites where these poles currently are established would include:-

• The Boulevard/Oban Road – adjacent to the shopping centre. • Selby Street – Cambridge Street to Underwood Avenue/Hay Street (7 light poles).

Following this letter, several discussions were held with Western Power and it became evident that Western Power were having difficulty in establishing a position in relation to these poles between their internal divisions of asset management and operations. Development of a policy had to relate to the “Street Vision” Agreement that has covered the operation and maintenance of streetlights for all Councils since 1999.

In order to progress the issues, the following correspondence was presented to Western Power on 25 November 2002:-

“In May 2000, Council wrote to Western Power, following discussions with your Mr Rod Strika, in relation to the asset replacement program Western Power had in place to progressively replace existing infrastructure of street lighting that had reached the end of an economic and safe life.

The letter sent to Western Power, dated 16 May 2000, is attached for your information and consideration as the Town is still to receive a response to the request. I can confirm that subsequent to the letter, I personally inspected the listed sites with Mr Strika and still have not received any reply. It was evident to me, your organisation at that time, had some internal conflicts between your asset management and operational divisions which did not assist with preparation of a reply from Western Power by your various officers.

In order to continue to assess this request, I would like to again present to you a summary of the issues the Town is seeking your position on.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 21 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

1. The Town has a Streetvision Agreement with your organisation which was renewed on 14 July 2002 for a further 12 month period, Clauses 8, 9, 10, 11 and 12 are relevant to Fault Repair and Improvements to Infrastructure and are detailed below for your information:-

“Clause 8. FAULTY STREETLIGHTS

Upon being notified by either the LGA or a member of the public that a streetlight not operating, Western Power shall use its reasonable endeavours to replace the globe or otherwise remedy the fault as soon as is practicable.

Clause 9. UPGRADING OF STREETLIGHTS

As part of the bulk globe replacement program, Western Power shall replace mercury vapour 50 watt globes with mercury vapour 80 watt globes. Western Power stall undertake other upgrade work as agreed with the LGA from time to time.

Clause 10. NEW STREETLIGHTS

Western Power will not provide any new streetlights pursuant to this Agreement. However, the parties acknowledge that new streetlights may be installed in the LGA’s local government area during the term of this Agreement either by a separate agreement between Western Power and the LGA or as and when new subdivisions are created by developers. Disconnected or faulty streetlights may also be repaired. As streetlights are installed and connected to the distribution system they shall be supplied with electricity and illuminated initially free of charge. (Changes in the number of streetlights in the LGA’s local government area will be taken into consideration during the annual assessment of the Charges pursuant to Clause 6.)

Clause 11. NO CAPITAL CHARGES

The parties acknowledge that the charges payable under this Agreement are only for the provision of the street lighting service and do not include any charge for (or any obligation in relation to) the capital cost of installing new streetlights. Any additional upgrade work undertaken in accordance with Clause 9 may incur capital and other charges.

Clause 12. SPACING

The parties acknowledge that this Agreement does not make any provision for the altering of the spacing between the existing streetlights. The parties acknowledge that certain standards apply to the spacing of streetlights in new subdivisions and that any special requirements for spacing will need to be the subject of a separate arrangement between Western Power, the LGA and the developer (if any).”

2. The Town’s request is for Western Power to provide information in relation to works associated with repairs to existing streetlights when they cause a safety concern due to structural integrity and/or fall over due to natural aging processes e.g. rusting out.

Within the Town of Cambridge, there are several sites where large numbers of streetlights are on steel poles and supplied with power predominantly via an overhead supply and in some cases an underground supply. The Town letter dated 16 May 2000 provides relevant sites for your further comment.

3. Over the last two years at least two poles have been replaced on Underwood Avenue, adjacent to Perry Lakes Stadium, as a result of the single outreach arm rusting through

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 22 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

and falling off. They were replaced with steel poles. The Town also reported on 1 November 2002, a situation where a steel light pole on Challenger Parade, just south of Boscombe Avenue, bent at the base during a storm event and was found laying on the ground. The same event caused a single outreach arm to fall off on another pole located on Challenger Parade adjacent to Floreat Beach. Details on these examples and photographs, are attached for your review.

It is of concern that Western Power have taken 20 days to commence repairs at the site on Challenger Parade, south of Boscombe Avenue, as the other seven lights south of this pole have also been non operational. Furthermore, your works crew commenced repairs on site on Friday 22 November 2002, and it is evident the steel pole is to be replaced with a wooden pole.

Apart from the time delay in attending to the repairs, adjacent residents in Boscombe Avenue have expressed dissatisfaction with Western Power’s action in replacement of an existing steel pole with a wooden pole. The Town also supports this position.

4. It is evident from an inspection of the steel light poles in Underwood Avenue, that these poles have received some consideration from your operations area, as many have had a steel angle driven in adjacent to the pole in order to provide additional support due to the dangerous situation they have become exposed to due to rusting. This rusting at the base and the top of the poles connecting to the outreach arm is clearly evident and, based upon observations over the last two to three years, it is clearly evident replacement of all of these poles is a risk management issue Western Power should take more seriously. I have included various photographs as attachments to this letter to support my claims.

5. The Town is aware of its responsibilities in relation to the improvement of street lighting standards within the Town, and that improvement is continually part of our annual works program. The Town has now participated in two State Government underground power project schemes (Wembley and West Leederville). The Town has also funded improvements worth nearly $1,000,000 on projects over the last three years. Specific projects being on Cambridge Street through the Wembley Town Centre and on The Boulevard, adjacent to the Floreat Forum between Floreat Avenue and Empire Avenue.

Within the current budget, the Town is providing new underground power infrastructure and streetlights in Jersey Street between Salvado Road and Jolimont Terrace. A specific improvement project is shortly to be commissioned by the Town on Challenger Parade, from the northern entrance from West Coast Highway (adjacent to Floreat Beach) to Oceanic Drive. This improvement project will replace some of these aged, rusting and dangerous steel streetlight poles which are the subject of this correspondence. The works have been quoted by Western Power at $11,143 (MPO 34016).

What the Town now requests is the commitment and policy of Western Power in the replacement of existing old steel pole infrastructure associated with street lighting.

This policy would ideally include your organisation’s comments on the current works being observed around our Town and the metro area where many wooden and steel poles are supported by steel piles driven in adjacent to the pole to support the original pole. This action may assist with structural integrity and address risk management issues, however, it does very little for street amenity and as such, is not seen as an acceptable solution by the Town or community.

I would welcome the opportunity to discuss this issue and to inspect the various sites within the Town with the aim of agreeing on an implementation plan.”

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 23 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Subsequent to this correspondence, a site inspection and discussions have been held with the Manager Systems Optimisation from Western Power Corporation, which has resulted in the following position and proposal being made to Council from Western Power on 16 December 2002:-

“AGED STREET LIGHT FACILITIES

I wish to apologise for you not receiving a response to your May 2000 correspondence. It would appear that the resignation of Mr Rod Strika has lead to a breakdown in communication.

Western Power has comprehensive asset and risk management programs relating to its power pole and street light assets.

Poles are inspected on a four yearly basis and their condition assessed. Depending on the condition, the pole may require:

1. No action. 2. Reinforcement. 3. Replacement.

Where warranted, reinforcement is strongly considered. While noting your concerns relating to its aesthetic impact, the cost of reinforcement is less than 10% of the cost of replacement and pole life can be extended by up to 20 years. With a pole population of over 800,000, this is a cost effective strategy.

Wooden power poles at the end of their life are replaced with new wooden poles. The steel street light poles in question are, however, somewhat unique.

Should one of these poles fail, Western Power replaces the pole with a standard wooden pole because: i) it does not stock identical steel street light poles ii) wooden poles are more appropriate for an overhead supplied configuration due to their non conductive nature.

However for a complete replacement of the nominated street lights to a modern underground design, Western Powers’ position is that the council is responsible to fund the capital replacement because the street lighting is a council responsibility.

Western Power have prepared design estimates which the council could use for budget purposes:

Floreat Avenue TBA Underwood Avenue $237,000 Challenger Parade $98,000 West Coast Highway $90,000

It is noted that the Town of Cambridge is a strong supporter of the State Underground Power Project and one possible option would be to include these areas within forthcoming applications for this program.

Alternatively, you may wish to consider funding some or all of the lights separately.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 24 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Given the somewhat unique nature of these street lights, Western Power may be prepared to consider a contribution to their replacement.

Please do not hesitate to contact me if you wish to discuss further.”

COMMENT:

It is noted within the Western Power reply of 16 December 2002, two specific offers have been presented:-

(a) Works can be carried out within future State Underground Power Schemes.

(b) Due to the unique nature of these poles, Western Power may be prepared to consider a contribution towards replacement.

It is also noted that Western Power generally agree that these poles are in need of replacement and a works program for replacement is required. In the interim, however, Western Power consider urgent repairs by reinforcement will be carried out as this equates to around 10% of the cost of replacement and, if poles are required to be replaced, then a wooden pole would be used.

Ideally, incorporation of the works within future underground power programs would provide a win-win for both Council and Western Power.

If Council was not successful in the current round 3 submission, then action requires to be taken on current infrastructure on Underwood Avenue (Perry Lakes Drive to Brookdale Street) and Challenger Parade at the earliest opportunity. This assessment is based upon recent verbal advice from Western Power. In order to progress both of these sites, Council would need to provide a significant budget allocation.

It is noted, the Draft Budget for 2003/2004 does not have any allocation for improvement to any streetlights.

It is also to be highlighted that the proposed agreement on cost sharing to replace this infrastructure with Western Power is based on the unique nature of these steel poles and the offer may not always be available.

When considering options for cost sharing with Western Power in relation to replacement of this infrastructure, the following issues should be considered:-

• Western Power consider all capital works should be a Council responsibility. The StreetVision agreement does not cover capital works (Refer Clause 11). • Some sections of work may be covered with an Underground Power Project area, however, sections like Underwood Avenue re not within any project area. • Any infrastructure replaced with underground power projects is on a 50/50 shared basis and this ratio could be considered for any other arrangement.

STRATEGIC DIRECTION:

There are two specific goals within the current Strategic Plan relevant to this matter:-

• To defray some of the Town’s expenditure on facilities, particularly regional, by assessing opportunities for cost recovery to reduce cost to ratepayers.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 25 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• Top ensure the Town’s assets perform in accordance with the appropriate, recognised, acceptable standards for the safety and benefit of the community.

FINANCIAL IMPLICATIONS:

In order to progress this issue, Western Power are requesting a contribution towards the works. There is no budget consideration included within the Draft 2003/2004 Budget. In order to agree to any contribution at this stage, Council would have to consider provision of funds from specific Reserve Accounts.

Some works could have the ability to be funded from within the State Underground Power Project if Council’s application is successful.

POLICY IMPLICATIONS:

Nil.

STATUTORY REQUIREMENTS:

Nil.

PUBLIC CONSULTATION:

There has been no public consultation on this issue at this stage.

CONCLUSION:

Following extensive discussion between Council’s Administration and Western Power in relation to the replacement of existing aged steel pole streetlight infrastructure located within the Town, Western Power have provided a policy statement in relation to their organisation’s management of the asset, together with costs associated with several projects that require replacement in the short term. They have not offered to replace any infrastructure with improved streetlight standards, however, they have indicated they would consider this option if Council was able to make a contribution. Should no contribution be made, the existing steel poles may be reinforced or if replacement is required, wooden poles may be used to replace the steel poles.

The requirement to consider a formal offer on this issue as a contribution to Western Power requires direction from Council and ideally this would best be completed following the announcement of successful Stage 3 State Underground Power Program and Council’s completion of the Budget for 2003/2004. The offer for a contribution from Western Power is based upon the unique nature of these steel poles and is an offer that may not be always available.

Committee Meeting 8 July 2003

During discussion, Members noted the Town’s success in having approximately 1,500 lots in the City Beach area included in the next stage of the State Government’s Underground Power program.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 26 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That Western Power be advised that Council’s position in relation to the proposal dated 16 December 2002 is as follows:-

(i) the Town prefers to complete all upgrade works as part of the State Underground Power projects;

(ii) Council notes the asset management strategies proposed by Western Power and advises no allowance is currently available to participate in any contributory projects at this stage;

(iii) Western Power should complete urgent works based upon the structural integrity of any poles at the earliest opportunity;

(iv) Council will continue to review its requirements to create or upgrade streetlight standards on a project basis only.

(v) Council would further consider works associated with replacement works in Underwood Avenue between Perry Lakes Drive and Brookdale Street and in Floreat Avenue when a detailed cost estimate is provided by Western Power.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 27 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.68

ROAD CLOSURES AROUND WOLLASTON COLLEGE – WOLLASTON ROAD, LE FANU PLACE AND HUDDLESTON ROAD (File Reference: PRO 1005 : TES 0287 : TES 0396 : TES 0121)

PURPOSE OF REPORT:

To advise Council of the progress of road closure procedures relating to three roads surrounding Wollaston Theological College and to seek Council’s decision on a solution to finalise the issue.

BACKGROUND:

Council, at its meeting held in June 2001, was provided with details on the proposal to close three public roads surrounding Wollaston Theological College as they were currently unconstructed and served no future purpose to the Town (Item TS01.54). The Theological College currently uses a portion of Wollaston Road to access their existing facilities and they had indicated support to the road closure in order to allow the College to better develop the internal access and road pavements infrastructure. The existing road pavement configuration is summarised in the attachment to the report.

In June 2001, Council decided:-

“That Council:-

(i) proceeds to advertise its intention to consider a motion requesting the Minister for Lands to permanently close Wollaston Road, Le Fanu Place and Huddleston Road, with the road reserves being amalgamated with the existing Wollaston College land;

(ii) liases closely with the Botanic Gardens and Parks Authority on this issue.”

The formal advertising requirements have now been finalised and service authorities requested to comment.

A meeting between the Botanic Gardens and Parks Authority, Wollaston Theological College and the Town was held on 19 December 2001. A formal reply has been provided by both the adjacent landowners.

Following public advertising, a further report (TS02.03) was presented to Council in February 2002 which considered all comments received from Statewide public notice of the proposal and specific comments which were provided by the Botanic Gardens and Parks Authority, who are the managers of the adjacent lands (Bold Park).

No objections were received to the proposal. Service authorities did make specific comments which will require consideration if the Minister accepts the proposal to close the roads. The adjacent land owners have both supported the proposal and agree that amalgamation of the existing road reserves into the Wollaston College title would be appropriate. The Botanic Gardens and Parks Authority did not request any extra land be incorporated within Bold Park, even if it was remnant bush and was to remain as remnant bush.

On this basis, Council’s decision in relation to Item TS02.03 February 2003, was:-

“That the Minister for Lands be requested to:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 28 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

(i) close Wollaston Road, Le Fanu Place and Huddleston Road; (ii) amalgamate the old road easements into the adjacent land ownership of the Wollaston Theological College.”

DETAILS:

Following the Council’s decision in February 2002, all adjacent owners, together with the Minister for Planning and Infrastructure, were advised of Council’s position and the following issues have since been established:-

1. On behalf of the Hon. Minister, the Department of Land Administration corresponded with Council on 25 March 2002 and advised that routine matters such as road closures can be progressed by officers within the Department of Land Administration (DOLA) under delegation. They acknowledge that Section 58 of the Land Administration Act 1997 requires the Local Government to request the Hon. Minister to close roads and that DOLA officers have the decision making powers to effect these transactions.

Further advice was given that the progress of Council’s request was to be subject to a valuation being provided by the Valuer General’s Office on the market valuation of the roads and that this information would be provided when available.

2. At the time of preparation of the February 2002 report (Item TS02.03), the Western Australian Planning Commission still had not advised of its position relating to this issue. As a position was required, further liaison resulted in the following decision being presented by Western Australian Planning Commission on 12 April 2002:-

“I refer to your correspondence dated 23 July 2001 and 27 February 2002, requesting comments on the closure of Huddleston Road, Wollaston Road and Le Fanu Place in Mount Claremont.

I advise that the Western Australian Planning Commission raises no objection to the proposed closure subject to:

i) amalgamation of the portion of closed road with adjoining Lot 1 (Wollaston Theological College);

ii) satisfactory arrangements being made with relevant servicing agencies for the relocation and/or protection of affected services; and

iii) provision being made to secure 24 hour emergency and service access to Bold Park for Botanic Gardens and Parks Authority Staff.”

3. On 6 November 2002, the Department of Land Administration corresponded with Council and the following information was provided:-

“I refer to your letter dated 24th October 2002 concerning the above and, further to DOLA’s previous letter in this regard dated 24th June 2002, can advise the following detail with respect to this matter.

The Valuer General’s Office (VGO) has provided valuation advice for the intended amalgamation of the subject roads, when closed, to adjoining land (Lot 1) owned in the name of ‘The Perth Diocesan Trustees’ (Anglican Church) and comprised in Certificate of Title Volume 1205 Folio 140 (copy enclosed). The VGO has valued the subject land at

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 29 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

$250,000.00, on the basis of its added value to adjoining Lot 1, taking into account the limited development potential of the overall site in view of its proximity to adjoining ‘A’ Class Reserve 45409 (‘Bold Park’). Note that this is not an offer, and provides information on the valuation of the subject roads only, at this stage in the closure process. Note that the ‘Purchase Price’, when formally advised to the Town of Cambridge, in due course, will attract a 10% GST component ($25,000.00). The valuation will remain valid for a period of 6 months from the valuation date (until 4th March 2003), following which it will be subject to review by the VGO.

In order to now progress road closure action for the redundant roads the Town of Cambridge will need to provide the following additional information, in order to comply with DOLA’s road closure formalities:

• Signed copy of Council Resolution to close the roads. • Copy of advertised ‘notice of motion’ to close the subject roads (as published). • Further detail required for any easements/relocation of services required; 1. Western Power – clarify whether relocation of power poles or easements to protect these facilities is required (including costing if relocation is deemed necessary). 2. AlintaGas – easement is required, with costs to be met by the proponent. 3. Water Corporation – meter relocation necessary, at the cost of the proponent. 4. Town of Cambridge – to confirm that Council has no (easement) requirements to protect services within the subject roads. • Comments on the proposed closure and subsequent amalgamation are still required from the Department of Planning and Infrastructure (Ministry for Planning). • Note that the applicant (Anglican Church) has agreed to the proposed action, but not indicated whether it is prepared to purchase the subject land. Written confirmation is required at this time that he adjoining landowner is interested in purchasing he subject land, to enable closure action to proceed. Note that the ‘final cost’ will be advised at a late date, following a report being submitted to DOLA’s Team Leader (Metropolitan Region), in due course, when all information requested in this letter has been provided, and all costs are known. Additional costs will involve the cost of producing a survey graphic for the proposed closure and amalgamation actions and also DOLA and Ministry for Planning fees, plus costing for any easements required (relocation of services costs?). • The Town of Cambridge to provide comment on the requirement of the Botanic Gardens & Parks Authority (BG & PA) concerning placing limitations on any future development of the subject land (roads) and any development proposed also being subject to the agreement of the BG & PA.

Your advice with respect to the various matters detailed in this letter is awaited in order that the proposed closure of the subject roads may be progressed, in due course, please.”

4. The requirement for Wollaston Theological College (Anglican Church of Australia) to indicate intent to proceed with this request on the basis that they would be prepared to purchase the land at valuation has been addressed. The advice received from the Anglican Church was that they would not be prepared to purchase the road reserves for amalgamation in their existing land holdings.

It has also been established by the Church that they believe the College would get absolutely no benefit from the acquisition and they consider they would be disadvantaged by having to upgrade the existing degraded roads and relocate some services. They would also be subject to caveats by the Botanic Gardens and Parks Authority over the land relating to access.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 30 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Following receipt of advice from Wollaston Theological College in relation to their position on purchase of road reserves at valuation, a response dated 2 January 2003 was presented to DOLA to address the issues presented in their correspondence dated 6 November 2002 (Refer 3 above).

All issues were able to be satisfied with the exception of the following issues:-

• Further details on easement requirements and relocation of services. • Comment from the Botanic Gardens and Parks Authority on additional easement requirements. • Acquisition costs (estimated at $250,000 + GST) for the road easements to be paid.

Subsequently, DOLA was advised that it was clear the Wollaston College and Anglican Church still wished to proceed with this road closure, however, with the land acquisition set at around $250,000, the progress of this issue will not be possible. The Town still supports the initiative as there is no reason for any of the road easements, other than the initial sections of Wollaston Road which provides access to the site from Rochdale Road, to be in existence.

On this basis, a request was made to DOLA to assist with a review of any further options that could be explored in order to allow the road closures to proceed.

5. In response to Council’s letter of 2 January 2003, a verbal response has been provided by an officer from DOLA and the following issues established:-

• No other options can be provided by DOLA as policy was being followed. The policy directive is for land to be purchased when road easements are formally closed. • The Valuer General has valued the land subject to the road closures based upon the added value of the Anglican Church, and on the basis that the land is of no use to any other party.

COMMENT:

This now leaves three options for Council to explore in order to allow the road closure to proceed:-

1. Find a source of funding with or without the Church, in order to satisfy the Government’s requirement for acquisition costs which are currently in the order of $250,000 + GST. 2. It is noted in the correspondence from DOLA dated 25 March 2002, the road closure request has to be to the Hon. Minister and, in this case, the issue is being dealt with administratively through delegation to DOLA and, as such, is rigidly being assessed on policy by those DOLA staff. Council should now request the issue be presented to the Hon. Minister for review as Council believes this is a rather unique situation and requires a specific review. The Minister can determine otherwise and has done so in a previous application by Council when closing a small portion of Underwood Avenue adjacent to Perry Lakes Drive. 3. Consider other variations like:- • Request Valuer General to review the valuation. • Request the Valuer General to assess a valuation on each of the three roads separately such that only essential sections could be considered for closure and acquisition costs minimised.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 31 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• Based upon the valuations above, further discuss with the Wollaston Theological College a revised closure request and redefine access requirements. Based upon this assessment, Council could request the Hon. Minister to close whole or partial sections of the three roads and create a reserve to cover the closed road easements. If this was created, and vested in the Town with the power to lease, this may allow the proposal to progress without any party having to purchase land. Ideally, some portions could again be recommended for amalgamation into Bold Park as neither organisation may want the closed road. This would be the case for both Huddleston Road and Le Fanu Place.

STRATEGIC DIRECTION:

This proposal rationalises land tenure around Wollaston Theological College hopefully for the benefit of the College, adjacent land manager and the Town.

FINANCIAL IMPLICATIONS:

This proposal is aimed at minimising costs to all parties. Should the proposal not proceed, Council is responsible for the upgrade of the existing road pavements and management of the unconstructed road easements.

POLICY IMPLICATIONS:

Nil.

STATUTORY REQUIREMENTS:

This proposal must satisfy the requirements of the Land Administration Act 1997.

PUBLIC CONSULTATION:

This has been completed previously with State-wide public notice in the Western Australian newspaper. This proposal has been supported by a representative from the Wollaston Theological College.

CONCLUSION:

The formal procedures associated with road closures of Wollaston Road, Le Fanu Place and Huddleston Road have progressed to a stage where finalisation can only be implemented if the portions of closed road easements are purchased from the Department of Land Administration at a valuation prepared by the Valuer General. Currently, this is assessed at around $250,000 + GST and the Anglican Church of Australia, on behalf of Wollaston Theological College, has indicated it is not prepared to finalise the closures on this basis.

It is established the road closures can be closed as no service authority or adjacent land owner has objections and the Town supports the proposal. Options for progressing this matter have been presented within the report and the Administration recommendation has been framed accordingly.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 32 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That:-

(i) further discussions be held with the Wollaston Theological College regarding the minimum land required for their operations;

(ii) following (i) above, the Department of Land Information be requested to refer the issue to the Hon. Minister for determination based upon the unique nature of this request and on the basis land should be at nil acquisition costs. Should portions of closed roads be of no use to the College, then these sections be closed and vested as a Reserve;

(iii) the Hon. Minister be advised this rationalisation of land surrounding the Wollaston Theological College is in the best strategic interests of the Town, Botanic Gardens and Parks Authority and Wollaston Theological College.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 33 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.69

NATIONAL AND STATE ROAD SAFETY BLACK SPOT PROGRAM 2004/2005 (File Reference: TES0138: TES0384)

PURPOSE OF REPORT:

To establish Council’s National and State Government Black Spot Program Submissions for the 2004/2005 financial year works program.

BACKGROUND:

Main Roads WA have written seeking Council’s 2004/2005 National and State Government Black Spot grant applications. They have forwarded to Council a number of intersections and short lengths of roads that meet the criteria for National and State Black Spot Grants (Refer attachment 1 to this report). The project grant applications may be for an intersection or a short length of road.

The projects for National Black Spot Grants are to satisfy the following criteria:-

• To demonstrate a benefit to cost ratio (BCR) of at least 2. • Have a history of at least three casualty crashes over a five-year period.

The projects for State Black Spot Grants are to satisfy the following criteria:-

• To demonstrate a benefit to cost ratio (BCR) of at least 1. • Have a accident history of at least an average of 1 crash per year over a five-year period.

The success of a black spot grant project is dependant on the above criteria and the Benefit Cost Ratio. The higher the Benefit Cost Ratio (BCR) compared with other Councils’ projects, the more likely the project is to succeed. The BCR is determined by a number of factors. These are the number of accidents at a site, the cost of each type of accident, the proposed reduction of accidents due to the solution and the cost of the solution itself. The cost of each type of accident ranges from the most expensive accident type, being the hitting a pedestrian and the cheapest being a sideswipe accident.

National Black Spot grants are fully funded by the Federal Government. State Black Spot grants are funded on a 2:1 basis with the local authority contributing 1/3 of the cost of construction.

DETAILS:

From the lists of accident sites supplied by Main Roads WA, the following sites have been identified for consideration in a grant application:-

Intersection or Road Length Number of Possible Solution Estimated Accidents Cost ($) State Black Spot

Daglish Street and Cambridge 9 Median island in Daglish 15,000 Street Intersection Street

McCourt Street and Railway Parade 9 Median Island in McCourt 15,000 Intersection Street

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 34 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Intersection or Road Length Number of Possible Solution Estimated Accidents Cost ($) National Black Spot Number of casualty accidents Salvado Road and Selby Street 4 Realign left turning islands 25,000 Intersection in Salvado to 70 degrees and adjust centre medians to assist right turning vehicles. Lake Monger Drive. Northwood 13 Extend median past 20,000 Street to approximately 200m West entrance to car park

These projects will be further developed when all the data from Main Roads WA is available to calculate the BCR. It is recognised that the above locations selected for grant applications are based on the frequency of accidents and locations where there is an identifiable design solution. The estimated cost of the project will be reviewed prior to submission of the grant application.

It is evident that there are some intersections in the list of Black Spots supplied (Refer to attachment 1) that are included in works that have been completed during the last three or four years and these works should reduce the trend of the above five year statistic period. These sites have not been considered in this round of grant applications.

It is also evident that there are some intersections in the list of Black Spots supplied (Refer to attachment 1) that include accidents at signalised intersections. Works at these intersections require Main Roads WA approval before a Black Spot grant can be applied for. As there is not sufficient time to gain these approvals before the due date of applications, none of these intersections have been considered. Further investigation may be carried out on some of these intersections to gain Main Roads WA approval before the next round of Black Spot Applications are called for. Past investigations have shown that many traffic signal controlled intersections could not be improved to reduce accidents as driver behaviour is the major reason for the accident statistics.

The median island in Daglish Street and McCourt Street would have the benefit of:-

• Preventing traffic from cutting the corner • Encouraging reduced traffic speed when entering and leaving the side street. • Assisting pedestrians to cross the side street.

The positioning of the pedestrian crossing in the side street 5 metres from the through road kerb line encourages the pedestrian to walk behind the first exit vehicle and permits the driver to concentrate only on the through traffic. Adjustment of kerbside parking restrictions may be necessary.

The Selby Street/Salvado Road intersection islands have been designed to form left turn merging lanes. This design is not supported today because of the dominance of the through traffic on Selby Street. The Salvado Road traffic is encouraged to “Give Way” or “Stop” and encourages the driver not to look over their shoulder or use their rear vision mirror. This project proposed 70 degree approach angle which has been shown to reduce accidents in such instances. The realigning of the centre medians improves sight lines for vehicles turning right into Salvado Road. This improvement will assist the driver in completing the right turn with safety.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 35 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Accidents near the Lake Monger Drive and Northwood Street intersection have increased and consideration has been given to the following issues:-

• West bound traffic carrying out ‘U’ turns round the existing median. • West bound traffic waiting to turn right into the Lake Monger car park. • Northwood Street traffic turning left into Lake Monger Drive then carry out an illegal ‘U’ turn or right turn around the existing island. • Traffic stopping as wildlife and birds cross Lake Monger Drive.

The extending of the Lake Monger Drive island further west will improve safety by:-

• Improving sight distance for the motorist travelling west. • Discourage ‘U’ turns as the driver will need to travel further west before they can turn around.

COMMENT:

The four projects proposed for grant applications are sites with the largest number of accidents that have a recognisable solution that are not:-

• Designated for works. • Treated within the last five years. • Signalised intersections, or. • Will not close roads.

The BCR for the above intersections and short road lengths should be within the range of that required for a grant, however, it is not known what projects from other Councils will be in competition for grant funds.

POLICY IMPLICATIONS:

The recommendations are in accordance with Council policy to improve the traffic safety.

STATUTORY REQUIREMENTS:

Nil.

FINANCIAL IMPLICATIONS:

The National Black Spot Grants are fully funded by the Federal Government. The State Black Spot Grants are funded on a one third Council, two thirds State Government funds. It is estimated that Council matching funds will be approximately $10,000 and consideration in the 2004/2005 Budget can be made next year if required.

STRATEGIC DIRECTION:

This recommendation is in conformity with the Strategic Plan to improve to the safety of our road network.

PUBLIC CONSULTATION:

There has been no public consultation with respect to these works. This can be progressed when preliminary approvals are obtained and detailed design plans prepared.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 36 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

SUMMARY:

The Main Roads WA have requested Black Spot Grant applications for 2004/2005. The proposed projects are designed to reduce accidents and increase safety without rerouting traffic.

Grants for both National and State Government consideration.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That the following projects be approved for consideration for National and State Government Black Spot Road Grants for year 2004/2005:-

Intersection or Road Length Number of Possible Solution Accidents State Black Spot

Daglish Street and Cambridge 9 Median island in Daglish Street Street Intersection McCourt Street and Railway 9 Median Island in McCourt Street Parade Intersection

Intersection or Road Length Number of Possible Solution Accidents National Black Spot Number of Casualty Accidents Salvado Road and Selby Street 4 Realign left turning islands in Intersection Salvado Road to 70 degrees and adjust centre medians to assist right turning vehicles. Lake Monger Drive. Northwood 13 Extend median past entrance to car Street to approximately 200m park West

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 37 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.70

BIRKDALE STREET – KERBSIDE PARKING (File Reference: PKG 0006)

PURPOSE OF REPORT:

To consider kerbside parking amendments on the eastern side of Birkdale Street just north of Cambridge Street in Floreat.

BACKGROUND:

At the May 2003 Technical Services Committee (Item General Business 10.3), it was requested that consideration be given to the amendment of the kerbside parking restriction on the eastern side of Birkdale Street just north of Cambridge Street from a ‘1 hour’ restriction to a ‘2 hour’ restriction. This requirement has been raised by a new shop owner adjacent to this site to accommodate their customer needs.

In July 2002, approval was given for the new business. The change of use was from Office to Shop (Hairdressing Salon).

The change of use did recognise that the existing site has 19 on-site marked parking bays duly marked on a hard-standing surface.

DETAILS:

The property at the north-eastern corner of Birkdale Street and Cambridge Street contains three businesses. They are a Real Estate Agent, a Hairdressing Salon and a Chinese Restaurant. It is recognised that these businesses rotate the parking with the Hairdresser and the Real Estate Agent being dominant during the daytime and the Chinese Restaurant in the evening. The hairdressing salon has requested that the kerbside parking be amended from ‘1 hour’ to ‘2 hours’ restriction to accommodate extended appointments at their salon. An on-site inspection showed that the kerbside and on-site parking were not used to capacity.

The road pavement width is adequate for kerbside parking on both sides of the road and two-way traffic. The proposed reconstruction at the Cambridge Street/Birkdale Street intersection, in association with the Black Spot grant application in 2003/2004, will not interfere with this kerbside parking.

A survey request seeking comments on the requested change has been sent to the property owner representing the three tenants. They have indicated that they would support the four kerbside parking bays on the eastern side of Birkdale Street just north of Cambridge Street adjacent to 440 Cambridge Street being changed from a ‘1 hour’ to a ‘2 hour’ parking restriction. In their reply, they indicate that they would like to see this change take place as soon as possible.

A site inspection shows that the ‘No Stopping’ setback is in accordance the previous ‘Road Traffic Act’ of six metres and with this review will be amended to the new requirement. An adjustment to the length of the bays is practical.

COMMENT:

The proposed kerbside parking change from a ‘1 hour’ to a ‘2 hour’ is at the request of adjacent property owner representing the three property tenants. The initiator of the proposed change is the new tenants.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 38 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

STRATEGIC DIRECTION:

This proposed amendment to the kerbside parking restriction is in accordance with Council’s policy to adjust kerbside parking in accordance with commercial premises requests.

FINANCIAL IMPLICATIONS:

The cost of the amended kerbside parking signs will be allocated to the parking sign infrastructure road work budget.

POLICY IMPLICATIONS:

The kerbside parking policy to maintain kerbside parking in accordance with adjacent commercial property owner requests is adhered to.

STATUTORY REQUIREMENTS:

Nil.

PUBLIC CONSULTATION:

The adjacent property owner representing the occupiers have supported this request of one of the tenants.

CONCLUSION:

The kerbside parking adjustment from a ‘1 hour’ to a ‘2 hour’ restriction in accordance with the Hairdressing Salon request and with the agreement of the property owner is recommended.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Barlow, seconded by Cr McAullay

That a ‘2 hour’ parking restriction from 8.00am to 5.30pm Monday Friday and 8.00am to 12 noon on Saturday be established on the eastern side of Birkdale Street commencing 7 metres north of Cambridge Street and extending 26 metres northwards, in lieu of the existing ‘1 hour’ parking restriction, as indicated on Plan Number E171-03-01 as tabled.

Committee Meeting 8 July 2003

During discussion, Members noted that business proprietors on the western side of Birkdale Street had not been consulted and were concerned at the potential impact of the proposed restriction.

The Administration’s recommendation was then voted upon and lost.

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That the existing ‘1 hour’ parking restriction on the eastern side of Birkdale Street commenting 7 metres north of Cambridge Street and extending 26 metres northwards, remain unchanged.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 39 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.71

RIGHT OF WAY BOUNDED BY WOOLWICH STREET, RUISLIP STREET, BLENCOWE STREET AND NORTHWOOD STREET – REMOVAL OF TREES (File Reference: TES 0326)

PURPOSE OF REPORT:

To consider a request from four residents to retain various trees and shrubs growing in the right-of-way bounded by Woolwich Street, Ruislip Street, Blencowe Street and Northwood Street.

BACKGROUND:

The 2002/2003 Budget provides for the surfacing of the right-of-way bounded by Woolwich Street, Ruislip Street, Blencowe Street and Northwood Street. This work has been rescheduled for August 2003 using funds carried forward from the 2002/2003 Budget. The works would always normally involve removal of all trees and vegetation in the right-of-way, boxing out 280 mm depth of earth, laying kerb, construction of a 250 mm thick road pavement, 30 mm thick asphalt sealing and installation of soak-wells. The grade of the surface will be adjusted to provide a drainage path for stormwater and a reasonably level access to properties. The standard notification letter to advise residents of the surfacing work and removal of trees has not been sent yet. A copy of the standard notification letter is included in the attachments to this report.

The residents at Nos. 76, 78, 80 and 82 Blencowe Street have written separate letters to the Town requesting that various items of vegetation and trees are retained to provide shade, screening, visual amenity and shelter for wild life.

A copy of these letters, a plan of this section of right-of-way and photographs of the trees are provided as an attachment to this report, together with a copy of the Arboriculturalist’s report on trees within the laneway.

DETAILS:

The letters refer to six specific items of vegetation to be retained:-

• A cape lilac behind No. 76 Blencowe Street. • A large river gum behind No. 83 Northwood Street. • A lemon tree behind No. 82 Blencowe Street. • An olive tree behind No. 91 Northwood Street. • Lantana bushes behind No. 84 Blencowe Street. • Bougainvillea behind No. 82 Blencowe Street.

The reasons given for retaining this vegetation are:-

• The residents originally planted these trees to provide shade, screening, visual amenity and shelter for wildlife. • These trees have grown in the right-of-way for many years and the residents want to retain them. • The residents will maintain these trees if necessary. • There are other rights-of-way with trees and vegetation. • Removal of the trees will create a hot, barren environment in the right-of-way. • The Bougainvillea is a deterrent to burglars.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 40 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• Vegetation is a deterrent to graffiti on the fences. • Stormwater runoff could be absorbed by a 400 mm wide strip on each side of the road pavement and will provide space for the vegetation. • The road pavement would not be damaged by the tree roots if it were brick paved and this would look better than asphalt.

The residents request that consideration be given to retaining at least some of the trees and shrubs if possible.

COMMENT:

The Town has a total of 22 km of rights-of-way that are categorised as either crown land vested in the Town, or, free-hold land with private ownership. The Administration is progressing with acquiring all private rights-of-way and vesting them in the Town. This was dealt with in June 2003 (Item CCS03.68). The Town has a long term program for upgrading all rights-of-way to an asphalt seal and $200,000 is proposed for this program in the draft 2003/2004 Budget.

A title search with the Department of Land Administration has established that this right-of-way is registered as a private right-of-way and its owners are deceased. The Administration is currently arranging for this right-of-way to be converted to Crown Land and vested in the Town of Cambridge. Until then, the Town is obliged to maintain this right-of-way to its normal standards, by default.

The Town promotes vegetation within its thoroughfares to provide shade, scenery and shelter for wildlife. The standards for this are described in four documents:- a) Local Law: “Local Government and Public Property Local Law”. This allows landscaping of verges in front of properties in accordance with the Standard Verge Treatment specification and with written approval from the Town. b) Policy 4.1.5 Management of Street Trees. c) Policy 4.2.22 Rights of Way Development d) Policy 4.2.23 Road Verges – Development and Maintenance

Within private property, there are no restrictions on what vegetation a resident may plant. Therefore, most residents obtain the benefits of vegetation by planting what they require within their own property, where they have total control of and amenity from their vegetation.

Within wide public streets, trees are planted in median strips and a traffic lane of 4.0 metres is provided on each side.

Within the public road verges, street trees are planted 2.7 metres from the property boundary to avoid underground services and allow a clear line of sight for motorists exiting from the crossovers. The species of tree should conform to the Town’s Treescape Plan to ensure that it is suitable for a road verge. Residents may also landscape the verge with lawn, low shrubs and up to 18 m2 of paving. The shrubs must be non-thorny and must be kept less than 750 mm high to allow a clear line of sight for motorists.

Within rights-of-way vested in the Town, trees and other plants are not permitted for the following reasons:- a) They restrict traffic movement in a public thoroughfare that is generally less than 5 metres wide. They tend to damage service trucks, caravans and boats. b) The roots damage the road paving. c) The roots damage or block the sewer main under the right-of-way.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 41 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

d) They become a nuisance to neighbouring residents by dropping leaves, fruit, nuts and branches. e) If the Town prunes the tree to a standard 4.5 metre clearance under the canopy, then the “adoptive owner” of the tree may protest. f) They cause cracks in boundary fences and nearby walls. g) Large trees are not suitable for residential areas and may drop limbs in storms and damage property. h) When they get too large, the “adoptive owner” of the plants stops maintaining them and the Town must decide whether to retain or remove them. i) They may have grown from unwanted, pot-bound plants that will become unstable as they grow larger. j) They encourage other residents to plant trees and shrubs in the right-of-way.

Within private rights-of-way, some residents have planted gardens, shrubs and trees that will become a maintenance problem for the Town. One of the extreme examples is the private right-of-way at the end of Warwick Street in West Leederville where hibiscus and several large trees have narrowed the right-of-way to one car width. These private rights-of-way were generally not maintained by the Town until the 2002/2003 Budget when a new account was created: S000-016 - Rights of Way Cleanup of New Laneways ex Catholic Church $25,000.

With regards to the specified items of vegetation in the subject right-of-way, the large Eucalypt is leaning over to the other side of the right-of-way and will cause extensive damage when it falls. This species of tree is not suitable for residential areas and it will continue to grow larger and lean further. An Aboricultural assessment on this tree is being obtained to assess its structural stability. The Bougainvillea is obviously a good deterrent to illegal entry over the back fence but it should be planted on the owner’s side where passing pedestrians will not scratch themselves accidentally. The lemon tree and olive tree will drop fruit and will require regular maintenance. The residents have offered to maintain these plants, however, the Town cannot delegate any liability to the residents and private insurance will not usually cover property damage caused by plants outside the owner’s property.

The proposal by one resident to brick pave the right-of-way 3.0 metres wide with flush concrete kerbing can be constructed for the same cost as a 5.0 metre wide asphalt seal. The unit rate is $83/m2. It will leave a 0.8 metre wide strip of earth on each side that may be used for a garden bed. However, since few residents would be interested in maintaining this extra garden, this strip is more likely to become a bed of weeds and tall grass.

In consideration of these policies and examples, the preferred long term solution is for the Town to remove all plants from rights-of-way and encourage residents to plant within their own property. The desired shaded, leafy lane can be better achieved with free growing trees overhanging the fence than by trees within the right-of-way that are stunted by a compacted road pavement, a fence and pruning.

To address the requests of these four residents, there appears to be two alternative courses of action:-

1. Remove the trees and vegetation as per policy. This option is to be recommended. 2. Retain some vegetation and remove only the vegetation that causes a nuisance to residents adjacent to this section of right-of-way. This may be determined from a survey of all residents adjacent to this section of right-of-way.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 42 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

STRATEGIC DIRECTION:

To ensure that the Town’s assets perform in accordance with the appropriate recognised, acceptable standard for the safety and benefit of the community.

FINANCIAL IMPLICATIONS:

The project to asphalt surface the right-of-way 5.0 metres wide and 200 metres long, is funded with $50,000 carried forward from the 2002/2003 Budget. This is estimated from a unit cost of $50 /m2 of road pavement.

POLICY IMPLICATIONS:

1. Local Law: “Local Government and Public Property Local Law”. This allows landscaping of verges in front of properties in accordance with the Standard Verge Treatment specification and with written approval from the Town. 2. Policy 4.15 Management of Street Trees. 3. Policy 4.2.22 Rights of Way Development. 4. Policy 4.2.23 Road Verges – Development and Maintenance.

STATUTORY REQUIREMENTS:

Nil.

PUBLIC CONSULTATION:

Four unsolicited letters have been received from four neighbouring properties in Blencowe Street Numbers from: 76, 78, 80 and 82. At this stage no formal notification of Council’s intended works has been provided to other adjacent property owners.

CONCLUSION:

Council has approved construction of various laneways within the previous adopted budget. Prior to the normal process of advice to adjacent owners in regard to construction on one laneway bounded by Blencowe Street, Ruislip Street, Northwood Street and Woolwich Street, four letters have been received from properties contiguous on Blencowe Street requesting consideration be given to retaining various trees that are currently growing within the existing 5.0 metre wide laneway.

The Administration has considered this request and recommended Council proceed with construction only if all trees are removed for the following reasons:-

• Planting trees and other vegetation in rights-of-way should not be permitted because of the ongoing cost of maintenance and the liability for damage by the trees.

• All vegetation in rights-of-way vested in the Town, should be removed during the annual right-of-way clean-up and maintenance cycle.

• The request by the residents of Blencowe Street, Nos 76 – 82, to retain vegetation to landscape the right-of-way is better addressed by planting within their own property.

• The Aboriculturalist’s report does not support retention of all trees.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 43 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

ADMINISTRATION RECOMMENDATION:

Moved by Cr Barlow, seconded by Cr Bradley

That:-

(i) the trees and other vegetation in the right-of-way, bounded by Woolwich Street, Ruislip Street, Blencowe Street and Northwood Street, be removed and the right-of-way sealed full width;

(ii) the residents of Nos. 76, 78, 80 and 82 Blencowe Street be advised of Council’s decision, together with advice to all other adjacent owners on the laneway;

(iii) vegetation in other rights-of-way be removed as part of the annual right-of-way cleanup or when a right-of-way is asphalt sealed.

Committee Meeting 8 July 2003

Mr Peter Jensen addressed the meeting in relation to this matter. During discussion, divergent views were expressed in relation to retaining or removing the trees located in the right of way. Members noted the recommendation of the Arboriculturalist that some trees could be retained. The majority of Members agreed, however, that the trees be removed and adjoining neighbours be provided with replacement trees to be planted on their properties.

Amendment

Moved by Cr Barlow, seconded by Cr Bradley

That a further clause be added to the motion as follows:-

“Appropriate trees be provided to affected residents at Nos. 76,78,80 and 82 Blencowe Street to plant on their properties to replace those trees removed to enable full width sealing of the adjacent right of way.”

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That:-

(i) the trees and other vegetation in the right-of-way, bounded by Woolwich Street, Ruislip Street, Blencowe Street and Northwood Street, be removed and the right-of- way sealed full width;

(ii) appropriate trees be provided to affected residents at Nos. 76,78,80 and 82 Blencowe Street to plant on their properties to replace those trees removed to enable the full width sealing of the adjacent right of way;

(iii) the residents of Nos. 76, 78, 80 and 82 Blencowe Street be advised of Council’s decision, together with advice to all other adjacent owners on the laneway;

(iv) vegetation in other rights-of-way be removed as part of the annual right-of-way cleanup or when a right-of-way is asphalt sealed.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 44 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

During discussion, Cr McAullay foreshadowed that should the motion presently before the Council be lost, he intended to move that the trees and other vegetation in the right-of-way bounded by Woolwich, Ruislip, Blencowe and Northwood Streets, be retained.

Discussion ensued and Members agreed that only those trees which have been assessed as safe and have been nominated for retention by adjacent residents be kept.

The motion was then put and lost

Moved by Cr McAullay, seconded by Cr MacRae

That:-

(i) the trees and other vegetation in the right-of-way bounded by Woolwich, Ruislip, Blencowe and Northwood Streets that are:-

(a) assessed as safe; (b) nominated for retention by adjacent property owners;

be retained;

(ii) all vegetation other than that in (i) above be removed and the right-of-way be sealed full width;

(iii) those residents who have contacted the Council be advised accordingly.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 45 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.72

VERGE DEVELOPMENT – 7 BARAMBA ROAD, CITY BEACH (File Reference: TES 0142)

PURPOSE OF REPORT:

To consider an application for a non-conforming verge development at 7 Baramba Road, City Beach.

BACKGROUND:

The owners of 7 Baramba Road have constructed a new house and developed the verge. The verge development consists of brick paving and three trees with raised brick surrounds. This does not comply with guidelines set out in Policy 4.2.23 Road Verges – Development and Maintenance. The Administration has requested the owners to modify the verge development so that it complies with policy. They have responded by reducing the height of the raised brick surrounds to the three trees but have refused to reduce the area of paving. The Administration has considered their reasons and requested the owners to make a formal application for this non-conforming verge development for consideration by Council. The application and drawing is provided as an attachment to the report.

DETAILS:

The application is for the verge to be paved with bricks, three ornamental trees in raised tree wells and two small garden beds with ornamental conifers. The drawing matches the current development of the verge as shown in the photograph in the attachment.

The owners have given the following reasons for constructing this non-conforming verge:-

1. They have tried growing grass on the verge without success. 2. The wind blows the reticulated water on to the street. 3. They are pensioners in their eighties and cannot maintain the grass themselves or pay for a gardener. 4. They want to conserve water during the current long term drought. 5. They have succeeded in keeping the front of their property clean and tidy. 6. There are other verges with large areas of brick paving in Baramba Road. 7. The raised tree surrounds contrast with the paving and are well lit at night from the adjacent street light. 8. The trees are not tall growing. 9. The verge development forms a pleasing and aesthetic front entry to the house.

COMMENT:

The verge development constructed at 7 Baramba Road does not comply with policy in the following aspects:-

1. The three trees are not on the standard 2.7 metre alignment as specified by the “Policy 4.1.5 - Management of Street Trees” and the Utilities Agreement. The trees will interfere with sight lines of motorists exiting from adjacent crossovers. However, the interference is limited to motorists exiting from the owner’s property. 2. The three trees exceed the limit of one street tree per property. This may create an extra work load for street tree pruning for the Town on this property. However, the owners claim that the trees are miniature.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 46 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

3. The area of brick paving is approximately 70 m2 and exceeds the policy limit of 18 m2 per property. However, the owners claim that this is designed to conserve water. 4. The brick tree surrounds are raised above the brick paving. This may be a tripping hazard for pedestrians in dim light. The owners claim that the paving is a contrasting colour and the trees will prevent pedestrians from tripping over them.

These non-conforming aspects should be considered with respect to the main intents of “Policy 4.2.23 - Road Verges – Development and Maintenance”:-

1. Promote aesthetically pleasing streetscapes throughout the Town, and 2. Provide safe verges for pedestrians.

With regards to the first intent, the photograph shows that the verge is neat and the relatively large area of brick-paving is softened by the three trees and garden beds. However, it would look more in place in a commercial area or busy road. The large area of brick paving is a slight concern because it will increase the amount of stormwater runoff into the street. The stormwater drainage system in this area appears to have coped during the recent heavy storms in 2003. However, the stormwater drainage system would be overloaded if many more similar verge developments were constructed in this drainage catchment.

With regards to the second intent, the raised brick surrounds for the three trees is an unreasonable hazard for pedestrians. The raised brick is not necessary and will become a precedent to other residents that wish to develop their verge.

The issue of water conservation has become important in recent years and many residents are installing brick paving to replace grass on their verge. Recent queries from residents suggest that the maximum limit should be increased from 18 m2 to 36 m2. This is of particular reference to City Beach. This would allow a 2.5 metre width of paving across the entire length of verge to provide a hard-standing for parking vehicles on the verge. The verge development at 7 Baramba Road exceeds this proposed maximum and further verge development applications for similar large areas of paving will still require consideration by Council.

STRATEGIC DIRECTION:

To ensure that the Town’s assets perform in accordance with the appropriate recognised, acceptable standard for the safety and benefit of the community.

FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

1. Local Law: “Local Government and Public Property Local Law”. This allows landscaping of verges in front of properties in accordance with the Standard Verge Treatment specification and with written approval from the Town. 2. 4.1.5 Management of Street Trees. 3. Policy 4.2.23 Road Verges – Development and Maintenance.

STATUTORY REQUIREMENTS:

Nil.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 47 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

PUBLIC CONSULTATION:

Two letters from the Administration and two letters in reply from the owners of 7 Baramba Road have been prepared in order to facilitate a resolution to this matter.

CONCLUSION:

Based upon various discussions with the applicant and adjacent land users, the verge development application should be approved as shown on the drawing with the condition that the raised brick tree surrounds are made flush with the brick paving.

In consideration of future water restrictions, the maximum area of brick-paving should be reviewed to reflect an increase from 18 m2 to 36 m2 of verge area.

ADMINISTRATION RECOMMENDATION:

Moved by Cr McAullay, seconded by Cr Bradley

That:-

(i) the verge development for 7 Baramba Road, City Beach, as shown on the drawing, be approved with the condition that the raised brick tree surrounds are made flush with the brick paving;

(ii) the owners of 7 Baramba Road, City Beach, be notified of Council’s decision;

(iii) in consideration of future water restrictions, the maximum area of brick-paving allowed in “Policy 4.2.23 Road Verges – Development and Maintenance” be reviewed to allow an increase from 18 m2 to 36 m2 of verge area.

Committee Meeting 8 July 2003

During discussion, Members agreed that the variation could not be supported and that the verge development should be brought into compliance with the Council’s verge development policy.

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That the owners of 7 Baramba Road, City Beach, be advised that the existing verge development adjacent to their property cannot be supported and that the verge should be brought into compliance with Council Policy 4.2.23 relating to Road Verges – Development and Maintenance.

Amendment

Moved by Cr O’Connor, seconded by Cr Pinerua

That the motion be amended by adding the words “within 35 days of notification”.

Amendment carried

The amended motion was then put and carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 48 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

The motion, as carried, is as follows:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 49 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.73

BEACHES AND DUNES – EROSION MANAGEMENT PRACTICES (File Reference: RES 0122)

PURPOSE OF REPORT:

To describe Council’s current erosion management practices along the Town’s foreshore areas.

BACKGROUND:

The Town manages approximately 5 kilometres of foreshore, (which is approximately 65 hectares in size), from the City of Stirling boundary in the north to the Campbell Barracks rifle range boundary in the south, (a plan is included within the report attachments). This coastal stretch is subject to constant erosion during storm events, through a combination of wave action and high winds, as well as during normal wind events from constant south westerly sea breezes in summer. In particular, there are three areas subject to heavy erosion, including the frontal dunes, groynes and main swimming areas to the west of the retaining stone wall.

The proper management of erosion in these areas is critical in ensuring the safeguard of the Town’s assets and the safety and health of people and property. Managing erosion in the Town is similar to managing erosion in other foreshore areas outside the Town. Erosion management practices in the Town have been in place since the formation of the Town in 1994 and previous to that time by the City of Perth.

DETAILS:

The proper management of erosion is aimed at protecting assets at the location of erosion as well as to the west, north and south of this. Examples of possible damage to assets include, parkland turf damage, (through the movement and dumping of sand on to turf areas during storms), carpark, building fencing signs and other infrastructure damage caused by the undermining of footings. Other issues associated with erosion which do not cause damage include the movement of sand to areas such as carparks, paths and roads which require the sand to be removed on a regular basis.

Area specific erosion management practices along the Town’s foreshore can be described as follows:-

• Retaining Stone Wall Area

The main swimming areas between the south kiosk and Floreat groyne are subject to erosion due to the accumulation of sand as an outcome of the groynes. Sand in this area, during storm events and strong sea breezes, is blown approximately westward. The retaining stone wall in this area captures this sand and prevents it from blowing across on to City Beach Park, adjacent carparks, pedestrian paths and Challenger Parade.

The aim of controlling erosion to the above assets is to limit the amount of sand that will blow over the top of the retaining wall. This is achieved by maintaining the sand in this area well below the top of the retaining wall. A front end loader is used to remove the sand against and around the retaining wall and is spread back near the waters edge. Sand movement through the pedestrian access points of the wall is also a constant problem which requires management and the Administration has identified improvements which will be trialled in early spring of 2003.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 50 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

A dune constructed in the mid 1980’s, between the City Beach groyne and the kiosk to the south, serves an important purpose by assisting to control beach sand movement from the beach south of this groyne. This provides protection to the kiosk and adjacent facilities. The dune is self managed where it is allowed to be reduced or increased in size depending on weather conditions. This, however, is monitored to ensure access to the kiosk is maintained by removing or adding sand where required around this kiosk facility. This dune will need to be upgraded in the future in terms of reshaping and fencing it to further improve sand drift to adjacent facilities.

Another dune constructed in 2001, to the west of Oceanus Restaurant also assists the control of beach sand movement and contributes to the protection of this facility. This dune is kept to a height not exceeding two metres and the access paths through it and to the east of it are kept to a level suitable for pedestrian access by regular removal of sand. This excess sand is placed back on the beach and close to the waters edge.

• Groynes

The City Beach Groyne (southern groyne) and Floreat Groyne (northern groyne) are subject to erosion following severe storm events. Erosion in this area undermines the rocks and causes them to dislodge. Erosion and damage also occurs to the pedestrian paths running through the middle of the groynes.

The groynes have been on an upgrade program and in the last four years significant improvements have been implemented. This has included the reinforcement of rocks through their precise placement from the bottom up and from below the low water mark. The finishing height of the rocks above the pedestrian path has been extended to 1 metre, to further improve the safety of visitors, particularly children. This program requires further funding to complete works at both groynes.

• Frontal Dune Areas between Floreat groyne and Floreat Surf Life Saving Club (FSLSC)

This is an area which is exposed to heavy erosion. Council and Floreat Surf Lifesaving Club facilities are very close to the high water mark in this area. Normal storms cause damage to the frontal dunes in this area on a regular basis and severe storms have in the past caused damage to the carpark on the south side of Floreat Beach Park.

The Council, in August 1995, engaged the Department of Transport (DOT), to investigate and assess options for beach protection for Floreat Beach. In August 1996, DOT completed its investigation and submitted a report which the Council endorsed in September 1996, (Council report 10.2.1 is attached to this report).

The findings included the recommendation for reactive management whereby damaged areas are repaired as soon as possible after winter. The report identified that erosion of the area north of the Floreat Groyne was exacerbated by sand being captured between the two groynes. It was therefore recommended that it would be beneficial to renourish areas to the north of the Floreat Groyne by placing suitable clean fill in eroded areas to assist the natural dune building process. This was the only pro-active management practice recommended to be undertaken on a regular basis.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 51 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

In June 1997, the Town commissioned Consultants CoastWise, to prepare a Coastal Plan for its coastline. Extensive community consultation was undertaken prior to, during and after completion of the Plan. In addition, a Community Liaison Group was set up to assist with the development of the Plan. In July 1998, the Council received and adopted the report, (Council report DES98.159 is attached to this report). Management proposals within the Plan in relation to erosion control included, the need to fence areas around access paths and the brushing (the careful placement of tree prunings) of dune blow out areas in order to trap sand and encourage revegetation. This is aimed at assisting the natural sand building process which occurs between spring and autumn.

As an outcome of the above reports, the Administration has implemented the recommendations and, in particular, sand renourishment and brushing along the west face and from the top of the large carpark south of Floreat Beach Park. This is the area where during the 1995 storms, part of the link mesh fence along the western face of the carpark collapsed due to a high tide combined with a heavy wave action, completely removed a significant section of the dune face. As a result, approximately 10 metres of carpark area on the north-west face was, and is, currently fenced off for safety reasons.

In addition, brushing and fencing has also taken place along the bottom (beach) of the frontal dunes in this area from the FSLSC south to the Floreat Groyne. This practice has assisted nature with its natural dune rebuilding process. The fence keeps people away, the brushing traps sand particles as the wind attempts to blow it past the area. When brushing is covered with sand, more brushing is placed in the area if required. Very often, however, natural frontal dune colonising vegetation starts to re-establish itself and therefore there is no need for brushing as the vegetation will now trap the sand where required.

The practice of sand renourishment and brushing has been successful. Further undermining of the carpark has been prevented. The frontal dune in this area (west of the car park) has stabilised and is rebuilding itself. A significant amount of vegetation is also re-establishing itself. As brushing is beneficial in trapping sand where it is placed, there has not been a sand drift issue along this section of the carpark since the implementation of this practice.

• Other Dune Areas

Erosion in other dune areas is monitored regularly. Experience has shown that following storms, natural frontal dune rebuilding occurs over time. Work is only undertaken on frontal dunes or other blow out areas if they become a safety problem to pedestrians. The 19 access paths to the beach meandering through the dune system along the coast are maintained to ensure pedestrians have a safe access to the beach. If not, the paths are closed for a short time until they can be made safe again. This requires a front end loader to undertake a combination of renourishment, reshaping and levelling works at the path exit area. Brushing will only be undertaken at a blow out area if the blow out appears to be increasing instead of decreasing in size.

COMMENT:

Beach erosion, currently managed by the Town, is based on the recommendations of reports the Town has previously commissioned. Erosion management is reactive in nature in that, work is undertaken after a storm once the extent of the damage is known. Past experience, local knowledge and issues associated with storm damage, has highlighted the fact that one cannot predict the arrival of the next storm, where the damage will occur or how extensive it will be. Therefore a significant amount of money can be spent on remedial works in the wrong area.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 52 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

A proactive approach is undertaken within the Town, in specific areas with the undertaking of various works, to the most erosion prone areas. These include the west side of the retaining stone wall, the City Beach groyne, the frontal dunes between the FSLSC, the Floreat Groyne and the two small dunes adjacent to the south kiosk and Oceanus Restaurant. A combination of works in these areas such as, sand renourishment and brushing (on the west face of the Floreat Beach Park carpark), sand removal (from against the retaining wall), repositioning and re-enforcement of groyne rocks and realigning of the beach access paths to face north west, has proven successful in effectively managing erosion.

Within the erosion prone area, the combination of sand renourishment and brushing is used to increase the size or height of a dune so it can withstand major storm events and protect Council assets to the west of it. It is also used to prevent further erosion from an area that requires protection, usually within the foreshore area of the dunes. Outside the erosion prone area, either mulching or jute matting is used. Currently, mulching is used for all Council planting projects to:-

• Control weeds in the area. • Reduce soil evaporation. • Retain soil moisture. • Minimise drying out of soil surface. • Identify the planting area for pedestrian control.

The Town currently recycles its park and street tree prunings to produce this mulch. This has major environmental benefits for the Town and the community, through a reduction in waste disposals, less fuel used in not having to truck the prunings to the tip and as an outcome, cost savings.

Coastal improvements (other than day to day maintenance) undertaken in previous years have been budgeted either through Capital works or Special Projects Programs. The Town has an Improvement Program in place for the Coastal dunes within its Bushland Improvement Program. When works are funded they are undertaken within guidelines of the Remnant Bush Rehabilitation Policy No. 4.1.1, (a copy is included within the attachments to this report). A total of $58,000 has been spent to date since financial year 1999/2000. Works include beach access paths upgrade, and dune restoration works in conjunction with the Town’s Cambridge Coastcare community group. There are no funds allocated this financial year (2003/2004) for any Capital or Special projects work. Funding for projects in relation to the Bushland Improvement Program and other Cambridge Coastcare projects will continue to be listed in future draft budgets as required and on a priority basis amongst other Council projects.

Future works identified to assist with minimising erosion problems include the continuation of the upgrade to the beach access paths. These works include:-

• The realignment of the western end of the paths to face north west. • Replacement of old fencing. • The brushing of exposed areas.

Major works have not been identified for inclusion in future draft budgets at this stage other than the boardwalk through the dunes between City Beach and Floreat, as the Beach Development Plan and the Coastal Vegetation Management Plan listed in the 2003/2004 Draft Budget with an amount of $75,000 and $33,500 respectively, would need to be developed before future major works can be considered. The development of a Coastal Vegetation Management Plan is subject to a Coastwest Grant of $23,500 becoming successful.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 53 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

It will be recommended that the Manager Parks and Landscape attends a future Cambridge Coastcare meeting to provide their members with information in relation to this report and to answer any relevant questions. This will ensure both organisations have a common understanding of the coastal management process to be applied.

STRATEGIC DIRECTION:

This Project embraces the following goals of the Town’s Strategic Plan: -

• To improve the Town’s natural and built assets in consultation with the community, in an environmentally sensitive and sustainable manner.

• To effectively manage public open space to meet the needs of the community.

• To provide a safe, secure and clean, physical and natural environment for the Town, through environmentally oriented planning policies, development and operational practices.

FINANCIAL IMPLICATIONS:

The Town manages its foreshore and dune areas under the heading “Beaches and Dunes”, Account No. M407. Details of operating expenditure in relation to this asset are as follows:-

• 2000/2001 actual expenditure $117,000; • 2001/2002 actual expenditure $ 94,000; • 2002/2003 budget allocated $125,000; • 2003/2004 Draft Budget $130,000 has been listed.

This expenditure is directly attributed to the cost of maintaining this 65 hectare foreshore area described in this report including:-

• All dunes on the western side of Challenger Parade and West Coast Highway and north of Falmouth Avenue. • Nineteen beach access paths through the dunes. • All swimming areas from the rifle range boundary in the south to the City of Stirling boundary (Peasholm Street) in the north. • The two groynes and the six high mast lights.

This expenditure does not include the cost of maintaining City Beach and Floreat Beach Parks.

The majority of costs associated with maintaining “Beaches and Dunes” area, is attributed to the swimming areas, groynes and the beach access paths through the dunes. This budget caters for normal erosion damage. Repairs following major storm damage are usually dealt with through the Council approval process when the extent of damage has been identified and repair costs are known.

POLICY IMPLICATIONS:

Nil

STATUTORY REQUIREMENTS:

Nil.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 54 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

PUBLIC CONSULTATION:

It is recognised that beach erosion occurs on a regular basis and visitors to the area are aware of beach erosion works which occur on a regular basis. The Town’s Administration receives little, if any, comments from the public in relation to beach erosion. With other projects and since the formation of Cambridge Coastcare, consultation occurs through identified lines of communication between the Town and Cambridge Coastcare members. With the wider community, consultation occurs via the posting of signs at location of works.

CONCLUSION:

Various erosion control works routinely undertaken in the most erosion prone have been effective in managing erosion. Within erosion prone areas, a combination of sand renourishment and brushing is used to increase the size of a dune to provide a protective buffer to Council assets to the west of it. Outside erosion prone areas either mulching or jute matting is used as these materials provide assistance for plant growth following planting. Depending on the site, in the majority of cases mulch is used. This is favoured because Council produces its own mulch from recycled park and street tree prunings, which in turn provides environmental benefits for the Town and the community.

The above works are consistent with the recommendations of the DOT report (1996) for foreshore erosion management in the Floreat Beach area and recommendations of the CoastWise Coastal Planning Study (1997) for erosion management within the Town’s foreshore areas.

Upgrades or improvements of Coastal dunes is undertaken according to the Bushland Improvement Program and the guidelines of the Remnant Bush Rehabilitation Policy 4.1.1. There are no funds allocated this financial year for any Capital or Special projects work.

Significant future works other than the continued upgrade of the beach access paths and a boardwalk through the dunes between City Beach and Floreat Beach, have not been identified and will require the completion of the Beach Development Plan and the Coastal Vegetation Management Plan before future works can be considered. The development of a Coastal Vegetation Management Plan is subject to a Coastwest Grant of $23,500 becoming successful.

It will be recommended that the Manager Parks and Landscape attends a future Cambridge Coastcare meeting and provide members with relevant information and copies of this report and to answer any questions in relation to erosion management along the Towns foreshore areas.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That:-

(i) the report on the Town’s erosion management practices along its foreshore areas be received;

(ii) the Manager Parks and Landscape to attend a future Cambridge Coastcare meeting to address and inform members on erosion management issues in relation to (i) above.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 55 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

TS03.74

LAKE MONGER AND PERRY LAKES RESERVES – ACCESSIBLE PATHS (File Reference: RES 0004 : RES 0088)

PURPOSE OF REPORT:

To advise Council that two grant applications submitted for the construction of paths at Perry Lakes and Lake Monger Reserves were unsuccessful and to seek Council’s support to allocate additional funds to enable works at both locations to proceed.

BACKGROUND:

The Administration submitted two applications to the Department of Local Government and Regional Development under the Community Facilities Grants Program, for Lake Monger and Perry Lakes Reserve seeking funds to construct accessible paths to the playground facilities at these Reserves.

Council, in April 2003 (Item TS03.40) decided as follows:-

“That:-

(i) the applications for the Community Facilities Grants Program for Lake Monger Reserve for a $6,775 grant and Perry Lakes Reserve for a $7,875 grant, to install disabled access paths to the Reserves be supported;

(ii) an amount of $15,750 for Perry Lakes Reserve and $16,050 for Lake Monger Reserve be considered for inclusion in the 2003/2004 Draft Budget to facilitate the implementation of both projects.”

An amount of $9,200 for an accessible path at Lake Monger Reserve and an amount of $7,900 for Perry Lakes Reserve have been allocated in the 2003/2004 Draft Budget.

DETAILS:

The Town has recently been advised, by the Department of Local Government and Regional Development that both grants were unsuccessful. This now means that these proposed works will not be able to be undertaken unless additional funds can be allocated to both projects. An additional amount of $6,800 will be required at Lake Monger Reserve and $7,900 for Perry Lakes Reserve if Council wished both projects to proceed.

Details for the need to provide accessible paths at both locations can be summarised as follows:-

• The upgrade of the existing playground at Perry Lakes Reserve to an accessible playground was completed in 2002. Similarly, the existing playground at Lake Monger Reserve was also upgraded to an accessible standard. Both playgrounds have recently become very popular with the public, however, both are not easily accessed from nearby carparks particularly by disabled children and adults.

• Perry Lakes Reserve currently has a path which starts at the nearby carpark south of the playground, leads visitors past the toilets then on to the accessible playground and nearby barbecue. This path however, is old and will soon become unsafe and require replacement. It is narrow and does not appropriately cater for disabled visitors.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 56 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• The Lake Monger Reserve playground does not have a path to access this facility and visitors are forced to push prams, wheelchairs etc through the turf. It is proposed to identify two carbays for the disabled in the most western carpark along Lake Monger Drive, so that parents and carers with children can gain access from that carpark onto the existing perimeter path around the lake. As this path approaches the adjacent playground, it is proposed to construct a new accessible path allowing suitable access to the playground. The perimeter fence of the playground will also be replaced with a one course high fence, which will accommodate the new accessible path more appropriately and improve accessibility for disabled children.

There are three options available when considering the construction of the paths as follows:-

Either:

1. Defer both projects until financial year 2004/2005 when additional funds can be allocated to both projects.

Or:

2. Since a path accessing the playground at Perry Lakes Reserve, (however limited and unsuitable), is currently in place, reallocate the funds ($7,900) from this project to the Lake Monger Reserve project, (which does not have a path accessing the playground), so that this path can be constructed in 2003/2004 financial year, and defer the Perry Lakes Reserve project until 2004/2005 financial year.

Or:

3. Allocate additional funds ($7,900 for Perry Lakes Reserve and $6,800 for Lake Monger Reserve) to enable both paths to be constructed in the 2003/2004 financial year.

COMMENT:

The upgrade of the existing path at Perry Lakes Reserve and the installation of a new path at Lake Monger Reserve will make these well utilised playground facilities more accessible to children, parents and carers, making their stay at the Reserve more enjoyable and memorable.

As a result of the popularity of these facilities, it will be recommended that Council considers funding both these projects in financial year 2003/2004 and the appropriate amendments be made when adopting the 2003/2004 Budget.

STRATEGIC DIRECTION:

This Project embraces the following goals of the Town’s Strategic Plan:-

• To improve the Town’s natural and built assets in consultation with the community, in an environmentally sensitive and sustainable manner.

• To effectively manage public open space to meet the needs of the community.

• To provide a safe, secure and clean, physical and natural environment for the Town, through environmentally oriented planning policies, development and operational practices.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 57 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

FINANCIAL IMPLICATIONS:

Costs associated with both projects are as follows:-

• Perry Lakes Reserves: Current budget allocation (Municipal Fund) $ 7,900 Additional funds required $ 7,900 Total Cost $15,800

• Lake Monger Reserve: Current budget allocation (Municipal Fund) $ 9,200 Additional funds required $ 6,800 Total Cost $16,000

Cost implications for financial year 2003/2004 in relation to the three options recommended are as follows:-

1. No cost, as projects will be deferred to financial year 2004/2005. 2. No cost, as additional funds required for the path at Lake Monger Reserve can be re allocated from the existing Perry Lakes path budget. (Net reduction of $1,100). 3. Total additional funds required are, $14,700, (Lake Monger Reserve $6,800, Perry Lakes Reserve $7,900).

POLICY IMPLICATIONS:

Nil.

STATUTORY REQUIREMENTS:

Nil.

PUBLIC CONSULTATION:

These projects have been identified as a result of visual observations of visitors to these two playgrounds and from discussions with parents on site. The Disability Services Commission has discussed these proposals with the Administration and is in support of both projects.

CONCLUSION:

The Town has been advised by the Department of Local Government and Regional Development that the two grant applications submitted by the Administration for Lake Monger and Perry Lakes Reserves seeking funds to construct accessible paths to the playground facilities at these Reserves have been unsuccessful. To enable works to be undertaken, additional funds will now need to be allocated. An additional amount of $6,800 will be required at Lake Monger Reserve and $7,900 for Perry Lakes Reserve.

There are three options available when considering the construction of the paths as follows:

1. Defer both projects until financial year 2004/2005.

2. Reallocate the funds ($7,900) from the Perry Lakes Reserve project to the Lake Monger Reserve project, so that this path can be constructed in the 2003/2004 financial year and defer the Perry Lakes Reserve project until the 2004/2005 financial year.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 58 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

3. Allocate additional funds ($7,900 for Perry Lakes Reserve and $6,800 for Lake Monger Reserve) to enable both paths to be constructed in the 2003/2004 financial year.

The upgrade of the existing path at Perry Lakes Reserve and the installation of a new path at Lake Monger Reserve will make these playground facilities more accessible to children, parents and carers, making their stay at the Reserve more enjoyable and memorable.

It will be recommended that Council considers funding both these projects in financial year 2003/2004.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Barlow

That:-

(i) additional costs of $7,900, required to upgrade the existing path at Perry Lakes Reserve and $6,800 to install a new path at Lake Monger Reserve, both to improve disabled access, be supported;

(ii) the 2003/2004 Budget be amended to include an amount of $7,900 from the Endowment Lands Account and $6,800 from the Area Improvement Reserve.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 59 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

8. REPORTS FROM DELEGATES: COMMITTEES AND WORKING GROUPS

8.1 Lake Monger Working Group

Cr O’Connor advised that the next meeting of the group will be held on Thursday 28 August 2003 commencing at 5.30pm.

8.2 Perry Lakes Working Group

Cr O’Connor reported that the next meeting of the group is to be held as arranged on Thursday 24 July 2003 commencing at 5.00pm.

8.3 Mindarie Regional Council

Cr Pinerua advised that there was nothing to report from the last meeting held on 3 July 2003 .

9. GENERAL BUSINESS

9.1 Graffiti – Western Power Poles

Cr O’Connor expressed concern at the lengthy delays in removal of graffiti from State Government Authority infrastructure within the Town. Of particular concern are the Transperth Bus Stands and the Western Power poles at the Grantham Street/The Boulevard intersection.

The Chief Executive Officer advised that the Council removes graffiti from its property within 24 hours and within 12 hours if the material is offensive.

10. CLOSURE

There being no further business, the Presiding Member thanked those present for their attendance and declared the meeting of the Technical Services Committee closed at 7.38 pm.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\B TS.doc 60 COUNCIL 22 JULY2003 MAYOR……………………………………………………

POLICY AND ADMINISTRATION COMMITTEE

The report of the Policy and Administration Committee Meeting held on 8 July 2003 was submitted as under:-

1. DECLARATION OF OPENING

Due to the absence of the Presiding Member, the Chief Executive Officer declared the meeting of the Policy and Administration Committee open at 7.43 pm.

2. ELECTION OF ACTING PRESIDING MEMBER

The Chief Executive Officer called for nominations from those present to act as Presiding Member for this meeting of the Policy and Administration Committee.

Nominations were received from Cr Burkett and Cr O’Connor, both of whom indicated their willingness to be nominated.

As two nominations had been received, the Chief Executive Officer advised that it would be necessary, in accordance with Section 5.12 and Schedule 2.3 of the Local Government Act 1995, to conduct a secret ballot to elect an acting Presiding Member.

Following a secret ballot, the Chief Executive Officer advised that as there was an equal number of votes for each of the two candidates, in accordance with Schedule 2.3(5) of the Local Government Act 1995, the count would be discontinued and the meeting adjourned for not more than seven days.

At 7.47 pm, the Chief Executive Officer advised that the meeting would be adjourned and would re-convene at 8.00 pm on Tuesday, 8 July 2003.

Adjournment of meeting: 7.47 pm to 8.00 pm

The meeting of the Policy and Administration Committee resumed at 8.00 pm.

The Chief Executive Officer again called for nominations from those present to act as Presiding Member for this meeting of the Policy and Administration Committee.

Nominations were received from Cr Burkett and Cr O'Connor, both of whom indicated their willingness to be nominated.

As two nominations had been received, the Chief Executive Officer advised that it would be necessary in accordance with Section 5.12 and Schedule 2.3 of the Local Government Act 1995, to conduct a secret ballot to elect an acting Presiding Member.

Following a secret ballot, the Chief Executive Officer advised that as there was an equal number of votes for each of the two candidates, he proposed to draw lots to determine which candidate is elected.

Her Worship the Mayor then drew lots and the Chief Executive Officer advised that Cr O’Connor had been elected to act as Presiding Member of the Policy and Administration Committee for the meeting held on 8 July 2003.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 61 COUNCIL 22 JULY2003 MAYOR……………………………………………………

3. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present: Time of Time of Entering Leaving

Members:

Cr Pauline O’Connor JP (Acting Presiding Member) 7.43 pm 7.47 pm 8.00 pm 9.18 pm

Cr Kate Barlow (Deputy) 7.43 pm 7.47 pm 8.00 pm 9.18 pm Cr Graham Burkett JP 7.43 pm 7.47 pm 8.00 pm 9.18 pm Cr Ken McAullay (Deputy) 7.43 pm 7.47 pm 8.00 pm 9.18 pm

Observers:

Mayor Marlene Anderton 7.43 pm 7.47 pm 8.00 pm 9.18 pm Cr Rod Bradley 7.43 pm 7.47 pm 8.00 pm 9.18 pm Cr Hilary Pinerua 7.43 pm 7.47 pm 8.00 pm 9.18 pm

Officers:

Graham Partridge, Chief Executive Officer Chris Colyer, Executive Manager Technical Services Neil Costello, Manager Policy and Administration

Adjournments: 7.47 pm to 8.00 pm

Time meeting closed: 9.18 pm

APOLOGIES/LEAVE OF ABSENCE

Cr Alan Langer: (Apology) Cr Corinne MacRae: (Leave of Absence)

4. PUBLIC QUESTION TIME

Nil

5. DEPUTATIONS AND PETITIONS

Nil

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 62 COUNCIL 22 JULY2003 MAYOR……………………………………………………

6. CONFIRMATION OF MINUTES

Moved by Cr Burkett, seconded by Cr O’Connor

That the Minutes of the Ordinary Meeting of the Policy and Administration Committee held on 10 June 2003 as contained in the June 2003 Council Notice Paper, be confirmed.

Carried

7. DECLARATION OF MEMBERS INTERESTS

Nil

8. REPORTS

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 63 COUNCIL 22 JULY2003 MAYOR……………………………………………………

PA03.20

PERRY LAKES STADIUM REDEVELOPMENT AND ASSOCIATED SPORTING FACILITIES (File Reference: PRO0069)

PURPOSE OF REPORT:

To advise Council on progress made to date in regard to the Council’s decisions relating to Perry Lakes Stadium and Associated Sporting Facilities and to seek direction from Council for ongoing activities.

BACKGROUND:

The Council has made many important decisions in regard to the redevelopment of the Perry Lakes Stadium site and the provision of sporting facilities at AK Reserve, and for the purpose of this report, they can be summarised, in part, as follows:-

Following the transfer of athletics from Perry Lakes Stadium and finalisation of current leases, Perry Lakes Stadium be no longer utilised as a sporting or recreation venue (Council - 25 August 1998).

The Perry Lakes Stadium site bounded by Underwood Avenue, Brookdale Street, Alderbury Street and Meagher Drive, be developed as residential land with all zoning, land use and environmental considerations being determined by Council, and the redevelopment being environmentally acceptable to the adjacent bushland environs (Council - 28 March 2000).

Provided they relocate from Perry Lakes Stadium site to a site in the Endowment Lands Area, Council contributes to the relocation and re-establishment of community sporting facilities from part of the proceeds of the sale of the Perry Lakes Stadium land (Council - 28 March 2000).

New replacement facilities for Rugby Union and Basketball be constructed prior to the redevelopment of the Perry Lakes Stadium site (Council 28 March 2000).

The last decision of Council in regard to this matter was at its meeting held on 20 November 2001:-

“That the State Government be advised that:-

(i) the Town of Cambridge will develop new Rugby, Basketball and Athletics venues in the Town of Cambridge at AK Reserve, subject to the following:-

(a) the Metropolitan Region Scheme Omnibus No. 3 Amendment No. 1016/33, Perry Lakes Stadium and City Beach Bowling Club is approved without delay so that the Town can progress these projects;

(b) statutory requirements and environmental and feasibility studies substantiate the economic viability of the development of the Perry Lakes Stadium site;

Rugby Union $3.1 m Basketball $8.5 m Athletics (local and regional facility) $5.2 m;

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 64 COUNCIL 22 JULY2003 MAYOR……………………………………………………

(d) lease and facility management negotiations commence with Rugby Union WA, Basketball WA, the State Sports Centre and others in regard to the Athletics venue, on at least a cost neutral operating basis to the Town. The Town notes the willingness of the Minister for Sport and Recreation to assist with the maintenance of the athletics facility;

(ii) the Council notes the advice from the Minister for Sport and Recreation that due to the fiscal constraints under which it is currently operating, the State Government is unable to provide bridging finance for the Perry Lakes sporting projects. As the three new sporting facilities are required to be finalised prior to the demolition of the existing facilities, the Council agrees to raise bridging finance for the construction of the new facilities. The bridging finance and interest thereon to be a development cost, to be repaid in full from the sale of the developed land at the Perry Lakes Stadium site and that there is no direct financial impost on the Town of Cambridge ratepayers;

(iii) (a) on finalisation of the above mentioned Metropolitan Region Scheme Amendment, the Chief Executive Officer be authorised to appoint suitably qualified consultants to undertake environmental and feasibility studies in regard to the development of the Perry Lakes Stadium site and City Beach Bowling Club site and adjacent land;

(b) the consultants’ reports mentioned in (iii)(a) above together with detailed plans be submitted to the appropriate Committee and then Council for consideration and direction before any action is taken.”

The redevelopment of Perry Lakes Stadium and the provision of sporting facilities has been a matter under consideration by Council since 1996. In that time, a Perry Lakes Stadium Working Group was formed and after a series of meetings was disbanded. Members of Council have also met with the former Minister for Sport and Recreation, the Hon Norman Moore MLC; and the current Minister, the Hon Alan Carpenter MLA; and the current Minister for Planning and Infrastructure, the Hon Alannah MacTiernan MLA.

DETAILS:

Current Situation in regard to Perry Lakes Stadium and Associated Sporting Facilities

As part of the background to the report, it would be useful to examine the existing state of the facilities at Perry Lakes Stadium and Associated Sporting Facilities.

Existing Facilities at Perry Lakes Stadium

The Perry Lakes Stadium area is bounded by Alderbury and Brookdale Streets, Underwood Avenue and Meagher Drive, comprising 15.56 ha. The facilities located within the area are as follows:-

Perry Lakes Stadium itself containing athletics track, Grandstand and seating; 8-Court Basketball Stadium and office accommodation of the WA Basketball Association; Western Australian Rugby Union Headquarters; Town of Cambridge Depot utilised for the maintenance of the Stadium area; Car parking area; and Former caretaker’s house.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 65 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Condition of Facilities

Perry Lakes Stadium

The Stadium is in disrepair with some of the surrounding seating areas being deteriorated to an unusable condition. Some of the seating on the eastern side has already been removed. The Grandstand is in a useable state, however requires repair and maintenance.

In April 1995, Kevin Palassis Architects prepared a report on the condition and refurbishment cost associated with Perry Lakes Stadium.

Condition of Facilities: (Reference: Perry Lakes Refurbishment Report by Kevin Palassis, Architects, April 1995)

The Complex has had little upgrading work done since 1962. Levels 1 and 2 of the pavilion were refurbished in 1988 for the Department of Youth Sport and Recreation for office accommodation.

The original cinder athletic track was replaced in 1978 with a synthetic track that is now in poor condition and needs total replacement.

The scoreboard is antiquated and needs replacement.

Perimeter seating and barrier fencing are in bad state of repair and need replacement.

The toilet facilities and first aid posts need refurbishment.

The entrance needs refurbishment.

The pavilion needs repair due to concrete degradation and weathering. It will need to be modified to meet current Australian Building Code regulations.

The whole of the electrical services need upgrading.

Generally, the facility is in a poor state of repair but could be refurbished with sufficient funding being allocated. To refurbish the Complex to a current Commonwealth Games standard however, would require significantly more work and additional funding being allocated.

Refurbishment Costs:

The costs for refurbishment of the Complex have been estimated as follows:-

1. National Standard Facility $ 4,040,000 2. Commonwealth Games Standard Facility $ 10,640,000

For comparison, the cost to demolish the existing Perry Lakes facility, would be in excess of $1,000,000, and a new international standard facility would cost about $40,000,000.

1. Staff reports to the former Perth City Council dated 29 October 1993 and 11 November 1993, itemised works needed to repair and restore the Perry Lakes Stadium facilities. The estimated cost then was $1,776,500 (not including replacement of the track). The estimated cost to refurbish and upgrade the Stadium to an international events standard was $6,895,000.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 66 COUNCIL 22 JULY2003 MAYOR……………………………………………………

The Town has no source of funding for the above works.

Basketball Stadium

This Stadium is still serviceable, but is in need of considerable maintenance. The roofing material is asbestos and is in extremely poor condition. WA Basketball Association sees the move to AK Reserve as a positive one. The Town of Cambridge has received infrastructure funding totalling $350,000, with interest not standing at $426,000, towards the replacement of the basketball stadium roof.

Athletics Track

The track contained within the Perry Lakes Stadium was constructed in 1978, when it was then considered that it would have a useful life of 10 years. The track has now been in existence for 24 years and apart from the replacement of the two inner lanes, limited maintenance has been carried out. In 1998, the State Government funded the replacement of the inner lanes at a cost of $130,000. The athletics track at Perry Lakes Stadium is a State sporting facility and is the only track in Western Australia which is of a suitable standard for athletics competition.

The current track has approximately 1 to 2 years life expectancy left, during which it can be considered a safe and reliable venue for athletics. While the track may last beyond those 1 to 2 years, the Town of Cambridge, as the owner of the track, has the full responsibility for its maintenance as well as users’ safety.

Western Australian Rugby Union Facility

The rugby ground and administration building is generally in good condition. Rugby Union has not been able to obtain permission for lighting at the ground and the Council pays the maintenance costs associated with the ground facility. The Rugby Union Association sees the move to AK Reserve as a positive one.

Development of the Perry Lakes Stadium Site

The Council has decided that Perry Lakes Stadium will no longer be utilised as a sporting or recreation venue, following the transfer of athletics from the Stadium. To gain the maximum potential from the sale of the Stadium site including the land comprising the associated sporting facilities, it would be desirable for the land to be offered with no sporting facilities associated with it. Should the land be sold with basketball and rugby facilities attached, it would detract from the optimum purchase price for each lot being obtained as it would create future ongoing complaints from residents in regard to noise. Apart from the Stadium being unattractive, the associated vehicular use would create problems in regard to headlight glare, parking, safety, noise and conflict with residents and pedestrian use.

Demolition of Perry Lakes Stadium

It is anticipated that the demolition of Perry Lakes Stadium and earthworks to reinstate the site would cost in the vicinity of $2 million. If the Council were to consider removing the Stadium and retain the current basketball and rugby facilities returning the remainder of the land to parks and gardens, it would cost the Council a further $1.5 million to landscape and provide irrigation to develop parks and gardens facilities. In addition to this, the Council would incur annual maintenance costs in the vicinity of $250,000. The Council would have to identify a source of funding if it were to develop the land for parks.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 67 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Should the Council decide not to develop the site, then it stands to lose potential income in the vicinity of $25 million to $40 million after all costs have been met. Should the land be developed, part of the funds derived from the development could be put back into other sporting facilities (ie surf club buildings, aquatic centre, etc) within the Endowment Lands area as well as Perry Lakes Reserve environment, underground power and other initiatives.

NOTE: The above amounts in dollar terms are at the best estimates and could change significantly depending on zoning and land made available by the Council for sale. The Council’s Plan of Principal Activities sets out (qualified) estimates in regard to the redevelopment of Perry Lakes Stadium. It is emphasised that no detailed financial modelling has been undertaken.

Perry Lakes Stadium Funding

At the present time, the Town of Cambridge fully maintains Perry Lakes Stadium and the Rugby Union ground. This maintenance outlay is largely off-set by rental received from the tenants at Perry Lakes Stadium. The largest tenant is the Department of Sport and Recreation, which contributes $175,000 of the total $240,000 rent received.

The Department of Sport and Recreation will most likely relocate to Leederville Oval in December 2004 and the Town will lose this source of revenue to maintain the existing Stadium. The $175,000 represents approximately 1.6% in rates. The Town is unlikely to attract another tenant due to the configuration of the leased area by the Department of Sport and Recreation and also with the future of the Stadium in doubt.

Preliminary Investigations

In accordance with the decision of Council at its meeting held on 24 September 2002, the Administration has undertaken preliminary investigations to ascertain if the rugby, basketball and athletics facilities could be located on AK Reserve and to identify the issues involved:-

Concept design; Quantity surveying; Engineering (including traffic planning); Vegetation assessment including Bush Forever; Site survey; Ground water assessment; Heritage assessment.

Rather than to provide a detailed summary in regard to the above, the full reports are attached and should be read in conjunction with this report.

In regard to the athletics facility, the Council has approved the amount of $ 5.2 million for a local and regional facility to be constructed at AK Reserve. The State Government wishes to enhance the facility and has provisionally allocated the sum of $ 4.8 million for this purpose in its 2004/05 projected budget.

The athletics, rugby and basketball facilities (Cambridge Sports Park) are located adjacent to Challenge Stadium and McGillivray Oval. It is necessary to ensure that any facilities at AK Reserve are undertaken in such a manner that they link with the surrounding infrastructure and environment. In this regard a Draft Structure Plan has been developed which achieves the overall planning objective. (A copy of the Draft Structure Plan is attached.)

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 68 COUNCIL 22 JULY2003 MAYOR……………………………………………………

The rugby and basketball facilities can be accommodated fully within AK Reserve. However, the athletics facility requires negotiations to be completed with the University of Western Australian and the City of Nedlands. The provisions of the Town of Cambridge Endowment Lands Act also need to be complied with.

University of Western Australia (UWA)

The proposed upgraded athletics facility (funded $ 5.2 million by the Town of Cambridge and $ 4.8 million by the State Government) extends over the boundary of AK Reserve and onto land owned by UWA. This will require UWA to gift a small parcel of land to the Town of Cambridge to enable the total stadium to be on land owned by the Town.

Preliminary discussions with UWA have revealed that the University may agree to this proposal or a similar proposal.

City of Nedlands

The southern boundary of AK Reserve is also the boundary between the Town of Cambridge and the City of Nedlands. As the proposed athletics facility extends over the Town’s boundary, this will require a local government boundary adjustment between the City and the Town. When the boundary is adjusted, it would be practicable to extend the Town’s boundary to also take in McGillivray Oval and Challenge Stadium. This would allow for comprehensive planning of the area.

The Town of Cambridge does not need the City of Nedlands’ approval to make application to adjust the boundary between the two local governments, nor does the City of Nedlands have to approve the change to the boundary. It would, however, be the correct procedure to discuss the overall Structure Plan and boundary adjustment in the first instance with the City and hopefully gain its concurrence.

While Challenge Stadium and McGillivray Oval are situated in the City of Nedlands, the City does not contribute to their maintenance. The City of Nedlands also does not have any rateable properties in this location. The inclusion of the facilities into the Town of Cambridge is not expected to add any costs to the Town.

Endowment Lands Act

As the proposed athletics facility extends over the Town’s boundary, it also extends partly outside the Endowment Lands area. The Town cannot expend any Endowment Lands funds outside the Endowment Lands area and, therefore, any funding outside the area would have to be met by other funding sources. In this instance, it would be the $4.8 million allocated by the State Government towards the athletics facility. The $4.8m will be more than sufficient to cover the additional costs. No changes to the Endowment Lands Act would be required.

AK Reserve

AK Reserve comprises an area of 8.20 ha and is situated south of Underwood Avenue and east of Stephenson Avenue. It is owned freehold by the Town and is reserved as ‘Parks & Recreation’ pursuant to the Metropolitan Region Scheme and the Town of Cambridge Town Planning Scheme No. 1. The land forms part of the Endowment Lands. As the land is reserved under the Metropolitan Region Scheme, the WA Planning Commission is the primary planning authority. The Administration has been discussing aspects of the development with officers from the Department of Planning and Infrastructure.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 69 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Preliminary Issues Assessment (Structure Plan)

A Preliminary Issues Assessment Facilities Design Brief (Concept Structural Plan) have been completed and are attached to the report for information and consideration by the Council.

The Preliminary Issues Assessment Report does not highlight any major physical difficulties with the establishment of sporting facilities at AK Reserve. In fact, the creation of the Cambridge Sports Park and relocation of existing sporting facilities alongside Challenge Stadium and McGillivray Oval could be seen as a major benefit to all stakeholders.

Development of Perry Lakes Stadium Site

The Council has, at earlier Council meetings, decided to seek an Amendment to the Metropolitan Region Scheme (MRS) for Perry Lakes Stadium from ‘Parks and Recreation’ to ‘Urban’. The MRS Amendment from ‘Parks and Recreation’ to ‘Urban Deferred’ has been approved, effective on and from 4 December 2002. Notice to this effect was published in the Government Gazette on Tuesday, 14 January 2003. The Western Australian Planning Commission advised the Town by correspondence dated 16 January 2003, that Amendment No. 1016/33 is now complete.

It is stated above that the Reservation under the MRS has been amended from ‘Parks and Recreation’ to ‘Urban Deferred’ and not ‘Urban’. The MRS being amended to ‘Urban Deferred’ means that the Western Australian Planning Commission has to lift the ‘Deferred’ status after receiving a submission from the Council.

The Western Australian Planning Commission report on submissions dated October 2002 (in part) makes the following observations:-

“The immediate locality is well served with regional and local public open space, for both passive and active recreation use. The site abuts Bold Park, comprising some 430 hectares of land, as well as being adjacent to the Perry Lakes Reserve and the Alderbury Street playing fields. The Town of Cambridge has indicated that it would not be feasible to convert the site to passive parks and gardens, given the considerable funds required for the development and annual maintenance costs for parks and gardens.

Should the land be transferred to the ‘Urban’ zone, a corresponding amendment to the Town of Cambridge’s Town Planning Scheme No. 1 would be required, which would involve further opportunity for public comment on detailed proposals for the land. Any redevelopment or subdivision of the land would need to ensure that drainage and nutrient management is designed in accordance with water sensitive urban design and in liaison with relevant agencies, such as the Department of Environment Protection and the Water and Rivers Commission, to protect the values of the lake. The retention of existing mature trees would also need to be taken into consideration in the detailed planning for the redevelopment or subdivision of the site. Any conditions restricting the ownership of domestic pets would need to be considered at the more detailed parts of the planning process.

The Perry Lakes Stadium was specifically built for the 1962 Commonwealth and Empire Games and due to the high cost of maintenance and the lack of use over the past 30 years, the facility requires significant works for it to continue to operate into the longer term. The Commission understands that neither the State Government nor the Town of Cambridge have the funding to upgrade the existing facilities. However, it is acknowledged that the facilities at Perry Lakes, in particular the indoor basketball stadium and the rugby union complex do serve the recreational needs of the community. The redevelopment of the site would provide for the improvement and provision of recreational facilities elsewhere within the municipality.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 70 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Furthermore, the Town of Cambridge has resolved to relocate the rugby, basketball facilities and athletics to another location prior to the facilities at Perry Lakes being closed.

Perry Lakes Stadium is a regional sporting facility. The current ‘Parks and Recreation’ reservation restricts the use of the land for such purposes. Transferring the land to ‘Urban’ zone would enable the land to be used for a range of uses other than recreation. Therefore, if the land was to be zoned ‘Urban’, it is likely that the existing regional sporting facilities would be relocated.

Negotiations to secure an alternative regional sporting facility to replace Perry Lakes Stadium have been ongoing between the State Government and the Town of Cambridge. Transferring the land to the ‘Urban’ zone prior to a commitment to the relocation and development of alternative facilities may be premature. It would be more appropriate to transfer the land to the ‘Urban Deferred’ zone as it would allow for the staging of the proposal, pending further negotiations regarding alternative regional sporting facilities.”

Further to the above, when the Metropolitan Region Scheme Amendment was passed through Parliament, the Minister for Planning and Infrastructure advised Parliament on 22 October 2002 as follows:-

“In relation to the Perry Lakes Stadium site, the Western Australian Planning Commission advises that the remnant vegetation is not of regional significance and that the interface between urban development and Perry Lakes and Bold Park is best addressed at the local town planning scheme amendment and structure planning stage. Issues relating to the site’s heritage value did not warrant modification of the amendment. However, both I and the Western Australian Planning Commission considered the proposed rezoning to urban to be premature until such time as the Town made suitable provision for adequate replacement of the sporting facilities nearby. To ensure that this takes place, and given the Town’s preference to not enter into a memorandum of understanding with the state Government, the rezoning of Perry Lakes has been modified from urban to urban deferred. The urban deferred zoning can be upgraded to urban by a simple resolution of the Planning Commission when it is satisfied that suitable progress has been made by the Town on the provision of replacement facilities.”

The Council decision at its meeting held on 20 November 2001, approved the development of new rugby, basketball and athletics facilities at AK Reserve subject to the following:-

Statutory requirements and environmental and feasibility studies substantiating the economic viability of the development of the Perry Lakes Stadium site;

Agreement to construct the new sporting facilities prior to the demolition of the existing facilities and meet the costs of construction of the new facilities and project finance from the sale of the developed land.

To meet these objectives, the Council must now consider progressing the issues associated with the development of the sporting facilities at AK Reserve and the development of the Perry Lakes Stadium site.

It is considered that due to the complexity and time required to complete all the studies and tasks associated with the redevelopment of the Perry Lakes Stadium site and the construction of the new sporting facilities, the Council should appoint a Project Manager to coordinate the projects. (Refer to attached CEO report dated 3 December 1999.)

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 71 COUNCIL 22 JULY2003 MAYOR……………………………………………………

In short, a Project Manager has the responsibility for the overall planning, control and coordination of projects from the inception stage through to completion. A properly qualified Project Manager will enable projects to be efficiently planned and developed, which greatly increases the potential for the undertaking to be completed to an agreed level of quality within the budget and time frame. Achieving these objectives requires a sound knowledge of the design and construction industries, experience in commercial decision making, contract and modern management techniques and skills.

The Town’s Administration has demonstrated that it has the knowledge to complete the task, however, would not have the time along with the already considerable workload to project manage these developments. The Council would need to go to tender for the appointment of a Project Manager, as it is expected the fee for the Project Manager will exceed the $ 50,000 specified by the Local Government Tender Regulations.

Town Planning Considerations

In statutory terms, Council will need to amend its own Town Planning Scheme and secure approval for the subdivision of the land. Community consultation is required as part of the statutory process for the Scheme amendment. In the case of the Scheme amendment, approval must be gained from the Western Australian Planning Commission and the Minister for Planning and Infrastructure. Subdivision approval is granted by the Western Australian Planning Commission.

In getting to the stage of subdivision approval, extensive investigation and planning will have to occur. Some of this will be essential for the Scheme amendment to proceed. Traditionally, planning to subdivision stage is tended to be done after the Scheme has been amended. The current approach of the Government in developing larger land parcels (such as Edith Cowan University Churchlands and Holywood High School), however, has been to progress to detailed plans concurrent with the Scheme amendment process. Community consultation has occurred early in the planning process.

For the Kalinda Development area, Council is proceeding with the Scheme amendment in advance of the detailed planning although, it has recently been decided to commence the preparation of an Outline Development Plan at the earliest time, possibly before the Scheme amendment process is finalised.

In any event, to get to final development stage, the following will have to be addressed:-

site analysis; environmental impact; landform / topography; geotechnical conditions; traffic access; public utilities; heritage (including Aboriginal) issues; housing density / type – market options; public open space; connectivity / integration with surrounds; sustainability principles; street layout; subdivision into individual lots.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 72 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Environmental Considerations

The Western Australian Planning Commission in its report on submissions outlined the need for environmental studies to be completed before the redevelopment of Perry Lakes Stadium was finalised. The Council decision dated 20 November 2001 also outlined the need for environmental studies to be undertaken.

FINANCIAL IMPLICATIONS:

The Council has made provision for $250,000 from the Endowment Lands Account on the 2003/04 Draft Budget for funds to progress investigations/consultancies for the development of the Perry Lakes Stadium site and Associated Sporting Facilities. To undertake full investigations and Outline Development Plans as well as public consultation, further funds may need to be allocated.

There are many financial issues to be considered in progressing the redevelopment of the Perry Lakes Stadium site and these need to be researched in detail together with a risk management analysis (as set out in Council decision dated 20 November 2001).

Preliminary discussions have been held with the Department of Sport and Recreation and Deputy Crown Solicitor in regard to risk management issues. The Council can expect approximately $200,000 per annum in rates income once Perry Lakes is fully developed.

The financial considerations should also take into account the need for a staggered cash flow into the Endowment Lands account - that is a partial release of land to maximise the sale price and keep land assets in reserve.

SUMMARY:

The redevelopment of Perry Lakes Stadium to ‘Residential’ gives the Town of Cambridge an excellent opportunity to create wealth out of an under-utilised and poorly maintained and deteriorating facility well past its use-by-date.

Progressing the redevelopment of Perry Lakes Stadium site and replacement sporting facilities needs careful planning and research to ensure that all the Town’s interests are protected and the residents of the Town are involved in and understand the development proposals. To allow for informed decisions to be made, the Council, in accordance with its decision made at its meeting held on 20 November 2001, needs to undertake all the necessary feasibility studies and concept plans including Draft Outline Development Plans for further consideration.

As outlined above, it is considered necessary that the Town appoints a Project Manager to oversee the entire process.

ADMINISTRATION RECOMMENDATION:

Moved by Cr McAullay, seconded by Cr Burkett

That:-

(i) tenders be invited for the appointment of a Project Manager to coordinate all the planning, financial, risk management and environmental issues associated with the redevelopment of Perry Lakes Stadium site including the Brief for the Calling of Tenders for the Construction of the replacement Basketball, Rugby and Athletics Facilities;

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 73 COUNCIL 22 JULY2003 MAYOR……………………………………………………

(ii) in accordance with the Council decision dated 20 November 2001, consultants be engaged to undertake:-

(a) financial analysis, environmental, town planning including Outline Design Plans, traffic and risk assessment studies for both the Perry Lakes Stadium redevelopment and construction of basketball, rugby and athletics facilities at AK Reserve;

(b) the draft Concept Structure Plan dated 3 April 2003, prepared by Strategic Leisure Planning, be adopted in principle as the Structure Plan for AK Reserve Sporting Facilities for the basis of the Administration entering into formal discussions with the University of Western Australia, Sports Centre Trust (Challenge Stadium) and the City of Nedlands.

Committee Meeting 8 July 2003

During discussion, Members noted that prior to any other action occurring, it would be advisable to firstly obtain support from the University of Western Australia and the City of Nedlands in relation to the suggested boundary amendments, to ensure that the AK Reserve can be expanded and maintained within the Town’s boundaries to accommodate the proposed replacement sporting facilities. Cr Burkett foreshadowed a motion to that effect.

In order to facilitate discussion, Clause 3.3.4 of the Standing Orders was suspended to allow Members the right to speak more than once on this matter.

Members queried any conditions associated with the lifting of the “Urban Deferred” zoning presented imposed on the Perry Lakes land and suggested that the deferred status be removed without delay. Some Members also expressed concern that there had been insufficient community consultation to date and that a plebiscite should be conducted to determine community opinion regarding both the relocation of sporting facilities to AK Reserve and the proposed residential rezoning of the Perry Lakes land.

The Administration’s recommendation was then put and lost.

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Bradley

That:-

(i) the Administration immediately commence discussions with both the University of Western Australia and the City of Nedlands to clearly ascertain if the AK Reserve, owned freehold by the Town of Cambridge, can be increased in area by negotiating boundary amendments that would facilitate the relocation of the sporting facilities presently located on Perry Lakes Reserve in accordance with the concept site plan dated 3 April 2003 attached to and forming part of Item PA03.20;

(ii) the Western Australian Planning Commission be requested to remove the ‘deferred” status of the Perry Lakes land presently zoned “Urban Deferred” without further delay;

(iii) a plebiscite be conducted to canvass the opinion of all ratepayers of the Town of Cambridge regarding the proposed:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 74 COUNCIL 22 JULY2003 MAYOR……………………………………………………

• relocation of sporting facilities from Perry Lakes Reserve to AK Reserve; and

• redevelopment of the Perry Lakes land to residential;

as detailed the Council’s decision dated 20 November 2001;

(iv) a further report be submitted to Council on the content of the plebiscite in (iii) above, how it is to be conducted, by whom and proposed costings;

(v) with the exception of the expenditure incurred in conducting the plebiscite in (iii) above, no further funds be expended on this matter until the Council has further considered the issues and/or responses in (i), (ii), (iii) and (iv) above.

Cr Burkett left the meeting at 6.52 pm and returned at 6.54 pm.

During discussion, divergent views were expressed in relation to the way forward for the Council on this issue. Discussion ensued in relation to the advantages and disadvantages of conducting a plebiscite. Cr Langer foreshadowed that should the motion presently before Council be lost, he intended to move that a Council workshop be held to discuss all issues related to Perry Lakes Stadium and Associated Sporting Facilities as soon as practicable. Members agreed in accordance with Clause 3.3.10 of the Council’s Standing Orders that an extension of time be granted to allow Crs Langer and MacRae to speak longer than the permitted 5 minutes.

The motion was then put and lost

Moved by Cr Langer, seconded by Cr MacRae

That a Council workshop of Elected Members and Executive Staff be held as soon as is practicable to discuss all the issues relating to the development of the Perry Lakes Stadium site and Associated Sporting Facilities.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 75 COUNCIL 22 JULY2003 MAYOR……………………………………………………

PA03.21

PARKING FACILITIES LOCAL LAW: TOW AWAY AND IMPOUNDING PROVISIONS (File Reference: LEG0008)

PURPOSE OF REPORT:

To amend the Town of Cambridge Parking Facilities Local Law to incorporate additional provisions to allow offending vehicles to be towed and impounded to an appointed holding area.

BACKGROUND:

The Town of Cambridge Parking Facilities Local Law was adopted by the Council at its meeting held on 27 March 2001. The local law was based extensively on the then WAMA model parking local law, with minor variations to reflect local processes. Recent complaints from residents concerning access to their properties being obstructed by illegally parked vehicles have prompted a review of the existing local law provisions in this regard.

DETAILS:

Essentially the current local law, when referring to obstructing vehicles, states:-

“Vehicles not to obstruct a public place or thoroughfare

6.6 (1) A person shall not leave a vehicle, or any part of a vehicle, in a public place or thoroughfare so that it obstructs the use of any part of that public place or thoroughfare without the permission of the local government or unless authorised under any written law.

(2) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours;

(3) A vehicle left in a public place or thoroughfare for a period exceeding 24 hours may be impounded and disposed of in accordance with the provisions of the Act”

This clause allows the Council to deal effectively with vehicles parked for in excess of 24 hours, but makes no allowance for inconsiderate and indiscriminate parking of vehicles, usually in rights of way and particularly in the West Leederville area during football matches being played at Subiaco Oval. These vehicles can be infringed with a $60 fine, however the offending vehicle remains where it is, continuing to cause the obstruction and inconvenience, until the driver returns.

In order to resolve this difficulty, a number of Councils in the metropolitan area have introduced “tow away” provisions into their Parking local laws to enable the obstructing vehicle to be moved.

Contact has been made with three Councils who have tow away and impounding provisions in their local laws. The following table is provided for information.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 76 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Local Impounding Towing Daily Comments Authority Fee Fee Fee City of South $100 $44 $11 Use Mobi-Tow to tow vehicles and store cars at Perth the City's depot. Do not provide a 24 hour a day 7 day per week service for releasing vehicles.

Town of $100 $44 $11 Use Mak Towing (a Contractor for Auto Care) to Cottesloe tow vehicles and store them at the Town's depot. Do not provide a 24 hour a day 7 day per week service for releasing vehicles.

City of Perth $160 - Included in $7 Use Auto Care to tow vehicles to Auto Care’s includes 2 impounding premises which offers customers a 24 x 7 service days storage fee (after 2 for the collection of vehicles. days)

Quotations have been obtained from the two companies in Perth that provide a tow away service, storage facilities and offer 24 hour a day 7 day per week service for the towing and retrieving of vehicles. There are other companies in the metropolitan area that provide towing services, however they do not offer either storage or 24 hour a day 7 day per week access.

The two companies which do provide towing, storage and all hour access are

Company Fees Operating Hours Vehicle Storage Auto Care - Bayswater Towing $52.50 Operate 24 x 7 Provided at $7.00 per day Towing with Jinker $82.50

Merchant Fee $ 5.50

Mobi Tow - Belmont Towing $ 75.00 Operate 24 x 7 Provided at $11.00 per day Towing with Jinker $105.00

Prime Areas of Coverage and Hours of Operation

Although the tow away provisions would have an open coverage applicable throughout the Town, it is proposed that the initial application will be areas where vehicles are causing problems by obstructing access ways.

In accordance with the proposed local law, it would be necessary for one of the Town’s Rangers, as an Authorised Person, to be present to infringe the offending vehicle and then to arrange for it to be towed away to the impounding area. To this end, current hours of operation for Ranger Services are:-

Winter: 0700 - 1830 (Monday to Friday) 0800 - 1630 (Weekends and Public Holidays) Summer 0630 - 1900 (Monday to Friday) 0800 - 1630 (Weekends and Public Holidays)

These hours are extended at relevant times to accommodate policing of parking in the West Leederville/Wembley area during football matches and other events conducted at Subiaco Oval.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 77 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Fees and Payment Process

An infringement will be issued for the appropriate breach of the local law in addition to the fee to cover the management of towed and impounded vehicles in order to seek full recovery of the actual costs associated with the process.

It is proposed that full cost of towing and impounding a vehicle would be as follows:-

An all inclusive fee: $150.00 (includes 2 days storage) Additional storage fee: $ 7.00 (per day after 2 days)

Payment would be collected by the provider who would take out their charges for towing, storage and Merchant fees and forward the balance to the Town.

An all inclusive charge of $150.00 would be slightly less than those charges imposed by City of Perth and similar to the charges at South Perth and Cottesloe. A break down of how these charges would be allocated is as follows:-

Towing fee and jinker $82.50 } Merchant fee $ 5.50 } Paid to towing company Storage for two days $14.00 } Balance paid to Town $48.00

The $150 charge would be in addition to the relevant infringement penalty (eg Obstruction of Thoroughfare: $60 or Parking in a No Parking Area: $60). As can be seen above, the Town would receive the balance of $48 per tow. Rather than representing any sort of “profit” component, this income would only offset costs incurred in Ranger’s attendance and administration in each instance.

In accordance with Section 6.16 of the Local Government Act 1995, the introduction of a new fee structure requires that the new fee be approved by an absolute majority. In addition, should the fee not be adopted as part of the annual budget, there is a requirement under Section 6.19 of the Act that public notice be given of the intention to introduce the fee and the proposed date this will come into effect.

Operational Procedures

A detailed documented procedure will be developed to enable the management of this process to occur in a timely, efficient and professional manner.

The decision to tow-away vehicles will be the responsibility of Authorised Officers of the Town in accordance with the provisions of Section 9.10 of the Local Government Act 1995.

Advertising

It is recommended that the Town advertise its intention to introduce this additional provision in both local newspapers circulated in the Town. The advertisement should inform members of the public in relation to the introduction of the tow-away provisions and the reasons why these measures have been considered necessary.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 78 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Signage

As stated above, the introduction of this provision will make towing away an option throughout the whole Town, however it is recommended that it only be utilised in areas regularly obstructed by vehicles such as laneways in the vicinity of Subiaco Oval. So that the public are made aware of the tow away possibility, it is proposed that additional signage indicating a “Tow Away Zone” will be installed.

Damage to Impounded Vehicles:

One concern expressed with this additional provision is if damage occurs to vehicles when they are towed and impounded.

Authorised Officers and the Council will be protected from liability under the provisions of Section 3.39 of the Local Government Act 1995 - Power to remove and impound which states:-

“(1) An employee authorized by a local government for the purpose may remove and impound any goods that are involved in a contravention that can lead to impounding.

(2) A person may use reasonable force to exercise the power given by subsection (1)”

The definition of "goods" means “any goods involved in a contravention that can lead to impounding, and includes -

(a) a vehicle; (ab) an animal; or (b) a stall or other structure temporarily placed on land, involved in such a contravention.”

Auto Care advises that damage to vehicles is very rare. Should the vehicle have accessories fitted that do not allow a normal tow a jinker (a light two wheeled undercarriage) is used. All tow truck operators are experienced in appropriate towing methods.

Contact has also been made with City of Perth personnel regarding damage to vehicles and they advise that of the 190 vehicles impounded to date, three claims for damages have been made. Only one was paid as Auto Care admitted liability. The City advises that they have not had any problems and are pleased with the service provided by Auto Care.

Existing Facilities

A visit to the Auto Care premises was arranged to meet the Manager and discuss the procedures currently in place for towing and impounding vehicles.

The Auto Care site is manned 24 hours a day 7 days per week and has security cameras providing continuous surveillance. All vehicles which have been towed and impounded will also be reported to the Police, who will record the details against their data base. This will allow a quick check for stolen vehicles.

This service will provide a more effective means of dealing with obstructing vehicles during the hours when it is crucial to address errant traffic activities which may impact on the safety and security of people in the area.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 79 COUNCIL 22 JULY2003 MAYOR……………………………………………………

The tow-away provisions would only be invoked after taking into account issues such as safety, security and traffic management.

Amendments Required to Local Laws

It is therefore recommended that an additional Part be added to the Town's Parking Facilities local law as follows:-

PART 6 - REMOVAL OF VEHICLES CAUSING OBSTRUCTION

Obstruction of Public Places

6.1 A person shall not park a vehicle in a public place so as to cause an obstruction.

Lawfully Parked Vehicles

6.2 A vehicle that is parked in any portion of a public place wherein vehicles may lawfully be parked does not cause an obstruction, unless:-

(1) the vehicle is so parked for any period exceeding twenty-four hours, without the consent in writing of the CEO or authorised person; or (2) the vehicle is so parked during any period in which the parking of vehicles is prohibited or restricted by a sign.

Unlawfully Parked Vehicles

6.3 A vehicle which is parked in a public place where vehicles may not lawfully be parked is deemed to be causing an obstruction.

Removal of Vehicles

6.4 Where an authorised person or Police Officer finds a vehicle causing an obstruction that person or Officer:- (1) may remove the vehicle to an appointed place; (2) may use such force as is necessary to enter the vehicle for the purpose of so removing it;

Recording of Vehicles in Appointed Place

6.5 Where an authorised person or Police Officer places a vehicle in an appointed place, that person or Officer shall enter in a register to be provided by the Council for that purpose :- (1) details of the time and date; (2) a description of the vehicle; and (3) the place from which it was removed.

Notification to Owner

6.6 The CEO or authorised person shall notify, in writing, the last known owner of a vehicle removed to an appointed place, that the vehicle may be collected during such hours as may be specified in the said notice.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 80 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Recovery of Removed Vehicles

6.7 (1) If a vehicle, other than a vehicle which has been unlawfully used, has been removed to an appointed place, it may not be collected unless the costs incurred by Council in removing the vehicle to the appointed place and the holding of such vehicle in the appointed place, are paid.

(2) A person who removes a vehicle from an appointed place without complying with the provisions of clause 6.7(1), commits an offence.

Sale or Disposal of Removed Vehicles

6.8 Where a vehicle in an appointed place has not been collected within two months after the notice referred to in clause 6.6 is given, the Council may :- (1) sell such vehicle by public auction or by public tender; or (2) where no offer is made to purchase the vehicle it will be disposed of as per the provisions in the Act.

Application of Proceeds of Sale

6.9 (1) The proceeds of the sale of a vehicle sold under the provisions of clause 6.8 shall be applied by the Council :- (a) firstly, in meeting the costs of the sale; and (b) secondly, in meeting the costs referred to in clause 6.7(1), and these sums shall be paid into the Municipal Fund. (2) Any surplus of the proceeds of the sale shall be paid by the Council into its Trust Fund, and may be paid within ten years, to any person who satisfies the Council that they were the owner of the vehicle at the time of its sale by the Council. (3) Any amounts under clause 6.10(2) may, if not paid to the owner within ten years, be paid into the Municipal Fund, on the condition that the Council shall repay it from that fund to a person claiming and establishing their right to that repayment.

Recovery of Costs Where Sale Proceeds Insufficient

6.10 Where the proceeds of the sale of any vehicle sold under clause 6.8, after deduction of the monies authorised to be applied by the Council by clause 6.9(1), do not cover the costs of the removal, custody and sale or disposal of that vehicle, the Council may recover the balance of these costs from the owner of that vehicle in a court of competent jurisdiction."

It will also be necessary to delete the current Clause 6.6 from the existing local law, as this deals with the obstruction of thoroughfares for in excess of 24 hours. These provisions have been moved from “Miscellaneous” to be integrated with the proposed clauses under the Part relating to “Removal of Vehicles Causing Obstruction”.

POLICY/STATUTORY IMPLICATIONS:

Should the Council wish to introduce tow-away provisions, it will be necessary to amend the Parking Facilities Local Law.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 81 COUNCIL 22 JULY2003 MAYOR……………………………………………………

STRATEGIC DIRECTION:

The Town’s local laws all have implications for the maintenance, of law, order, amenity and environmental aspects of the Town. Each is related in a specific way to the Town’s adopted mission statement and statement of objectives.

FINANCIAL IMPLICATIONS:

It is difficult to estimate the financial implications of the new provision, however it is suggested that the number of vehicles that would need to be towed would be minimal. All costs associated with the towing and impounding of vehicles would be covered by the fees imposed.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Bradley

That:-

(i) the following clauses, proposed to be added to the Town of Cambridge Parking Facilities Local Law, be adopted in principle and, in accordance with the provisions of the Local Government Act 1995, advertised for public comment and submitted for further consideration by the Council:-

PART 6 - REMOVAL OF VEHICLES CAUSING OBSTRUCTION

Obstruction of Public Places

6.1 A person shall not park a vehicle in a public place so as to cause an obstruction.

Lawfully Parked Vehicles

6.2 A vehicle that is parked in any portion of a public place wherein vehicles may lawfully be parked does not cause an obstruction, unless:- (1) the vehicle is so parked for any period exceeding twenty-four hours, without the consent in writing of the CEO or authorised person; or (2) the vehicle is so parked during any period in which the parking of vehicles is prohibited or restricted by a sign.

Unlawfully Parked Vehicles

6.3 A vehicle which is parked in a public place where vehicles may not lawfully be parked is deemed to be causing an obstruction.

Removal of Vehicles

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 82 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Recording of Vehicles in Appointed Place

Notification to Owner

Recovery of Removed Vehicles

6.7(1) If a vehicle, other than a vehicle which has been unlawfully used, has been removed to an appointed place, it may not be collected unless the costs incurred by Council in removing the vehicle to the appointed place and the holding of such vehicle in the appointed place, are paid.

(2) A person who removes a vehicle from an appointed place without complying with the provisions of clause 6.7(1), commits an offence.

Sale or Disposal of Removed Vehicles

Application of Proceeds of Sale

6.9(1) The proceeds of the sale of a vehicle sold under the provisions of clause 6.8 shall be applied by the Council :-

(a) firstly, in meeting the costs of the sale; and (b) secondly, in meeting the costs referred to in clause 6.7(1), and these sums shall be paid into the Municipal Fund. (2) Any surplus of the proceeds of the sale shall be paid by the Council into its Trust Fund, and may be paid within ten years, to any person who satisfies the Council that they were the owner of the vehicle at the time of its sale by the Council. (3) Any amounts under clause 6.10(2) may, if not paid to the owner within ten years, be paid into the Municipal Fund, on the condition that the Council shall repay it from that fund to a person claiming and establishing their right to that repayment.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 83 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Recovery of Costs Where Sale Proceeds Insufficient

(ii) subject to the Town’s Parking Facilities Local Law being amended:-

(a) Clause 6.6 of the existing Parking Facilities Local Law be deleted;

(b) the existing Parking Facilities Local Law Part 6 – Miscellaneous and Part 7 – Penalties and their component clauses be renumbered as Parts 7 and 8 respectively;

(c) Item 49 of Schedule 1 of the Parking Facilities Local Law be amended by deleting Clause “6.6(1)” and substituting Clause “6.2”;

(d) the Council APPROVES BY ABSOLUTE MAJORITY the imposition of fees for the tow away of vehicles as follows:-

An all inclusive fee: $150.00 (includes 2 days storage) Additional storage fee: $ 7.00 (per day after 2 days)

(e) the services of Auto Care Pty Ltd be engaged for the provision of the tow away and impounding service;

(e) the intention to insert this provision in the Parking Local Law be advertised in both local newspapers circulating in the district to inform members of the public of the proposed change.

Carried by an ABSOLUTE MAJORITY

During discussion, the Mayor read aloud a summary of the purpose and effect of the amendment to the Parking Facilities Local Law in accordance with Section 3.12 of the Local Government Act 1995.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 84 COUNCIL 22 JULY2003 MAYOR……………………………………………………

PA03.22

DELEGATION OF AUTHORITY TO CHIEF EXECUTIVE OFFICER (File Reference: ADM0005)

PURPOSE OF REPORT:

To submit the Schedule of Delegated Authority to the Council for consideration.

BACKGROUND:

Since the establishment of the Town of Cambridge on 1 July 1994, the Chief Executive Officer has been delegated various powers and duties in accordance with the Local Government Act, Health Act, and other relevant legislation. In April 1995, following the election of the first Town of Cambridge Council, it was resolved:-

“That the Council approves the Scheme of Delegation entitled “Delegations of Authority to Officers” as detailed in the Schedule laid on the table.”

Since the election of the Council in May 1995, the Administration has been operating using these delegations, albeit adopting the approach that many items are referred for the consideration of the Council in any case (even though delegated authority is in place). The intent of this practice is to inform the Council of many of the more contentious issues and also to provide background knowledge for Elected Members.

The delegations currently in place were based originally on those used by the City of Perth. These were also adopted by the Towns of Victoria Park and Vincent.

The purpose of delegating authority to the Chief Executive Officer is to provide for the efficient and orderly administration of the day to day functions of local government. The Chief Executive Officer exercises the delegated authority in accordance with Council’s policies. It is necessary to use the delegated authority to expedite business.

The Local Government Act 1995 clearly defines the role of the Chief Executive Officer and the Council. The Act requires all delegations to be in the name of the Chief Executive Officer. The Chief Executive Officer may then delegate to other employees, although it should be noted that even though this sub-delegation has not occurred, this is not an abrogation of the general powers of the Chief Executive Officer.

Legal:

The Local Government Act states:-

“Delegation of Some Powers and Duties to CEO

5.42(1) A local government may delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under this Act other than those referred to in Section 5.43 and this power of delegation.

(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 85 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Limits on Delegations to CEOs

5.43 A local government cannot delegate to a CEO any of the following powers or duties:-

(a) any power or duty that requires a decision of an absolute majority or a 75 per cent majority of the local government;

(b) accepting a tender which exceeds an amount determined by the local government ($50,000) for the purpose of this paragraph;

(d) acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph;

(e) any of the local government’s powers under Section 5.98, 5.99 or 5.100; (fees, allowances)

(f) borrowing money on behalf of the local government;

(g) hearing or determining an objection of a kind referred to in Section 9.5;

(h) any power or duty that requires the approval of the Minister or the Governor; or

(i) such other powers or duties as may be prescribed.

CEO may Delegate Power and Duties to Other Employees

5.44 (1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.

(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.”

POLICY IMPLICATIONS:

There is a direct relationship between Council policies and delegated authority, as the Chief Executive Officer will be guided by Council policy when exercising any delegated authority.

STRATEGIC DIRECTION:

The delegation process is intended to streamline the day to day operations of the Town’s Administration by authorising the Chief Executive Officer to approve certain matters that have received the blanket approval of the Council.

FINANCIAL IMPLICATIONS:

Nil.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 86 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DETAILS:

The delegated authorities as circulated, have been modified over time to conform with the current schedule of Council policies. A number of amendments have been made as policies have been introduced, amended or deleted. None of the amendments have significantly altered the intent of any delegation currently in place. These amendments have been made to either reflect current business practice, to update references to source documents, to simplify the presentation of the delegations by amalgamating individual authorities dealing with similar issues or by deleting redundant delegations. The listing has also been re-ordered at this time to reflect the organisational structure of the Town of Cambridge rather than the outdated City of Perth arrangement.

The Town’s current operational policies are presently undergoing a major review. In accordance with Policy 1.2.1, it is planned to submit the revised Policy Manual for the Council’s consideration by the September round of meetings.

It is proposed that the submission of reports regarding proposed policy changes will be staggered, with Development and Environmental Services and Technical Services matters being considered at the August Policy and Administration Committee meeting, with Governance and Corporate and Customer Services matters being submitted to the September 2003 meeting. Accordingly, any policy changes recommended and subsequently adopted by the Council will be reflected in amendments to the Delegations of Authority presently under consideration.

It is intended that any amendments to delegations required as a result of changes to the Council’s policies will be submitted together with the relevant policies for consideration at that time.

CONCLUSION:

The interim review of delegated authority will ensure that the Register of Delegations of Authority is relevant to the Town and is considered to be satisfactory to the Council.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Burkett, seconded by Cr McAullay

That pursuant to Section 5.42 of the Local Government Act 1995, the Council APPROVES BY AN ABSOLUTE MAJORITY the delegation of the exercise of its powers and duties, as detailed in the Attachment to the Minutes, to the Chief Executive Officer.

Committee Meeting 8 July 2003

During discussion, Members suggested that additional time be allocated to allow a comprehensive review of the current delegations to be undertaken. It was agreed that consideration of the matter be deferred for three months and that a further report be provided detailing the effects of the delegation action in each instance and proposing the establishment of a Corporate Governance and Audit Committee.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 87 COUNCIL 22 JULY2003 MAYOR……………………………………………………

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Bradley

That consideration of the item relating to Delegation of Authority to the Chief Executive Officer be deferred for a period of three months to enable a further report to be submitted on the effects of each delegation and the proposal to establish a Corporate Governance and Audit Committee.

During discussion, Cr McAullay said that, in proposing the establishment of a Corporate Governance Committee, it was not his intention to include an auditing role.

Amendment

Moved by Cr McAullay, seconded by Cr Barlow

That the motion be amended by the deletion of the words ‘and Audit’.

Amendment carried

The amended motion was then put and carried

The motion, as carried, is as follows:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 88 COUNCIL 22 JULY2003 MAYOR……………………………………………………

9. REPORTS FROM DELEGATES: COMMITTEES AND WORKING GROUPS

9.1 Local Government Association Central Metropolitan Zone

Cr O’Connor reported that the Central Metropolitan Zone Committee will next meet on 31 July 2003 at the Shire of Peppermint Grove.

9.2 Ocean Gardens (Inc)

Cr Pinerua advised that the Ocean Gardens Retirement Village Board had recently reviewed the position of Chief Executive Officer.

10. GENERAL BUSINESS

10.1 Notification of Deputies during Periods of Absence

Cr O’Connor requested that the Administration advise Deputy Committee Members as appropriate of forthcoming absences notified by Committee Members.

10. CLOSURE

There being no further business, the Acting Presiding Member thanked those present for their attendance and declared the meeting of the Policy and Administration Committee closed at 9.18 pm.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\C PA.doc. 89 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CORPORATE AND CUSTOMER SERVICES COMMITTEE

The report of the Corporate and Customer Services Committee Meeting held on 14 July 2003 was submitted as under:-

1. DECLARATION OF OPENING

The Presiding Member declared the meeting of the Corporate and Customer Services Committee open at 6.01 pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present : Time of Time of Entering Leaving

Members:

Cr Hilary Pinerua (Presiding Member) 6.01 pm 7.18 pm Cr Kate Barlow 6.01 pm 7.18 pm Cr Ken McAullay 6.01 pm 7.18 pm

Observers:

Nil

Officers:

Jason Buckley, Executive Manager Corporate and Customer Services Roy Ruitenga, Manager Financial and Business Services David Macpherson, Property and Development Officer Neil Costello, Manager Policy and Administration

Adjournments: Nil

Time meeting closed: 7.18 pm

APOLOGIES/LEAVE OF ABSENCE

Cr Rod Bradley - Absent

3. PUBLIC QUESTION TIME

Nil.

4. DEPUTATIONS AND PETITIONS

Item CCS03.71 – Cambridge Bowling and Recreation Cub

Messrs Barry Rubie and Ray Delmenico addressed the Committee in relation to the proposed synthetic greens at the Floreat Sporting Precinct.

Mr High Gill, representing Architects Oldfield Knott, was also present to respond to questions from the Committee.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 90 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Item CCS03.77 – Leederville Town Hall – Lesser Hall Licence Agreement

Ms Shirley Welsh, of the Naked Emotion Ensemble, and Mr Phil Kinney, of the Christian City Church, addressed the Committee in relation to this matter.

5. CONFIRMATION OF MINUTES

Moved by Cr McAullay, seconded by Cr Pinerua

That the Minutes of the Ordinary meeting of the Corporate and Customer Services Committee held on 16 June, 2003 as contained in the June Council Notice Paper be confirmed.

Carried

6. DECLARATION OF MEMBERS’ INTERESTS

Nil

7. REPORTS

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 91 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

REFERRED BACK ITEM

CCS03.71

CAMBRIDGE BOWLING AND RECREATION CLUB – PROPOSED SYNTHETIC GREENS (File Reference: PRO1359)

PURPOSE OF THE REPORT:

To consider a request from the Floreat Park and City Beach Bowling Clubs – Amalgamation Joint Committee, to commit advanced funding to provide for the early conversion of two existing turf greens to synthetic greens at the Floreat Park Bowling Club site.

BACKGROUND:

Council awarded a tender for the architectural services for the detailed design and construction of the Floreat Sporting Precinct at its meeting held on 19 May 2003, at a cost of $230,000. The main part of this scope of works was for the provision of a new bowling facility to accommodate the Cambridge Bowling Club, being an amalgamation of the Floreat Park Bowling Club and the City Beach Bowling Club.

Council previously considered a concept of the Floreat Sporting Precinct in December 2000 and endorsed Option 3 of the recommendations presented. This option results in the relocation of the Croquet facility to the north west corner of the site and the construction of a new bowling facility on the existing site plus new bowling greens on the current Floreat Croquet Club site. Copy of the current layout and the proposed layout as per Option 3 is attached.

The construction of the bowling facility at the time of the concept being considered in December 2000 was estimated at $2,619,800. As more than two years has elapsed since considering those estimates, the cost was increased by 10% for the purpose of establishing a project budget for the architects. The estimated cost of the bowling facility is now $2,881,800, or approximately $2.9 million.

The cost estimate of the bowling facility as it was originally proposed, and the indexed cost is provided below:-

Cambridge Bowling Club Original Indexed Cost Cost Demolition $26,080 $28,690 Club House • Function, Bar, Kitchen and Foyer (including Air Conditioning) $1,050,950 $1,156,040 • Changerooms and Meeting Rooms $406,350 $446,980 • Entrance Portico, Open Verandahs and Gazebo/BBQ area $173,750 $191,100 • Fitout – Catering, Bar equipment and furniture $250,000 $275,000 $1,881,050 $2,069,120 Bowling Greens • Two new Grass Bowling Greens $170,000 $187,000 • Two new artificial synthetic Bowling Greens $255,000 $280,500 • Shadecloth over paths $60,800 $66,890 • Lighting to Two Bowling Greens $30,420 $33,460 • Greens Toilet Block $9,450 $10,400 • Allowance for bore and reticulation $7,000 $7,700 $532,670 $585,950 Car Park (120 Cars) $180,000 $198,000 TOTAL $2,619,800 $2,881,760

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 92 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

The Town considered an item at its meeting held on 22 May 2001, in relation to the development of the Floreat Sporting Precinct. At that meeting, the Council decided that the implementation of the works required under the Floreat Sporting Precinct Master Plan proceed, once the Metropolitan Region Scheme Amendment for both City Beach Bowling Club site and the land adjacent to that site has been finalised.

The Council subsequently revoked this decision on 17 December 2002 and decided:-

That:-

(i) following completion of the Town of Cambridge Town Planning Scheme No. 1 amendment to reflect urban zoning of the City Beach Bowling Club site and adjacent land and subdivision plans for the land being developed, works as approved by Council for the Floreat Sporting Precinct Master Plan be implemented;

(ii) all architectural design works and costings associated with the Floreat Sporting Precinct Master Plan be proceeded with concurrently with the completion of the amendment to the Town of Cambridge Town Planning Scheme No. 1;

(iii) a further report be prepared for Council outlining funding options, with or without the need to raise bridging finance, for the Floreat Sporting Precinct Master Plan.

In accordance with clause (i) of the above decision, the amendment to the Town Planning Scheme for the City Beach Bowling Club site and adjacent land is in progress. Advertising of the scheme amendment commenced in June 2003 and submissions in relation to the proposal are required by 15 July 2003. Assuming the proposed amendment is acceptable, and the amendment process runs smoothly, the earliest time for the Town Planning Scheme amendment to be completed is not expected before the end of the year 2003.

The December 2002 decision also requires subdivision plans to be developed prior to the works being implemented. This could be an additional period of six months resulting in the completion of this process being scheduled for around June/July 2004. It would be necessary for an Outline Development Plan to be prepared and endorsed by Council as part of this process in accordance with the requirements of the Town Planning Scheme Amendment.

The proposed timeline, as outlined above, is one of the reasons the Bowling Clubs wish to relocate as soon as possible to the Floreat Bowling Club site.

DETAILS:

1. Proposal for Synthetic Bowling Greens

The request from the Floreat Park and City Beach Bowling Clubs – Amalgamation Joint Committee is attached. The key elements of the proposal as presented by the Bowling Clubs’ Joint Committee are:-

• Council to advance funds of $350,000 to allow for the immediate construction of two synthetic bowling greens to be completed by the end of October 2003.

• Amalgamation of the bowling clubs to be arranged to take effect from the 2003/2004 summer pennant bowls season as the Cambridge Bowling and Recreation Club.

• Club to occupy the present Floreat Park Bowling Club premises throughout the development of the new clubrooms and to move directly into the new building on completion. City Beach Bowling Club site to be vacated at the end of 2003.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 93 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• Concept design of proposed Bowling Club to be modified with a minor adjustment to the positioning of a section of the new building to accommodate temporary use of existing facilities during development. The club does not expect this to present any significant problems for the development or additional costs.

• The Club to act for Council in dealing with the suppliers and local contractors for installation of the synthetic greens.

• Club recognises and accepts the need to provide for bowling green carpet replacement at approximately $80,000 and a provision to be made at $10,000 per year.

In support of the proposal, the Joint Committee has stated the following:-

• Does not represent any addition or alteration to the project plan endorsed by Council in December 2000.

• No architectural or engineering planning required by Oldfield Knott (Project Architects) although they need to be informed.

• Will not interfere with the neighbouring Croquet Courts at this stage.

• Allow for the early release of land at the City Beach Bowling Club to enable site clearance to proceed with earlier disposal of the land.

• Provide relief for the Club from the high and increasing costs of maintaining two premises and greens for next season.

2. Assessment of Proposal

In order to assess the request of the Bowling Clubs’ Joint Committee, there are a number of matters to be considered as outlined below:-

1. Original Amalgamation Proposal. 2. Effect on Council’s decision dated 17 December 2002. 3. Cost of synthetic bowling greens. 4. Project Management by Council Architects. 5. Impact of synthetic court installation on Schematic Design. 6. Council tender requirements. 7. Source of funding. 8. Project timeframe/construction program. 9. Additional costs. 10. Early access to land for disposal. 11. Lease terms and conditions.

Each of the issues is discussed as follows:-

1. Original Amalgamation Proposal

The proposed amalgamation of the Floreat Park and City Beach Bowling Clubs was first considered by Council in April 1999. At that time, it was proposed for both clubs to be temporarily located at the City Beach Bowling Club whilst construction works took place on the future Cambridge Bowling Club at the Floreat Park Bowling Club site. The temporary use of the City Beach Bowling Club site was proposed for the full construction period of approximately nine months.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 94 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

If this process was followed, then from the time construction starts, the clubs would only be required to maintain a single premises at the City Beach Bowling Club site until they were able to take occupation of the new bowling facility at Floreat. This does not, on the face of it, necessarily support the comments made by the Bowling Clubs’ Joint Committee of additional costs to maintain two premises and greens for next season, particularly if construction is scheduled to begin on the new facility either late 2003 or early 2004. The clubs could decide to co-locate at the City Beach Bowling Club site from the beginning of the 2003/2004 pennant season.

2. Effect on Council’s decision dated 17 December 2002

Whilst the decision of Council, made on 17 December 2002, permits work to proceed on the architectural design works associated with the Floreat Sporting Precinct Master Plan, the decision prevents any works being implemented until the amendment to the Town Planning Scheme and subdivision plans are developed for the City Beach Bowling Club site and adjacent land.

To effect the proposal submitted by the Bowling Clubs’ Joint Committee to facilitate the early construction of two synthetic bowling greens, it will be necessary to revoke the Council’s decision of 17 December 2002 and replace it with an alternative decision encompassing the original decision as well as making provision for the proposal to proceed. The decision to revoke a previous Council decision will require an ABSOLUTE MAJORITY in accordance with Regulation 10(2) of the Local Government (Administration) Regulations and Clause 3.13 of the Town’s Standing Orders.

It should be noted that the intention of the Council decision made on 17 December 2002, was to provide the Council with some security that the development of the City Beach land can proceed on an acceptable basis to the Town following the completion of the Town Planning Scheme Amendment and the subdivision plan. This would reduce any risk that the Council would be unable to raise sufficient funds from the disposal of the land to justify the expenditure on the Floreat Sporting Precinct. Committing to the construction of synthetic bowling greens now could be pre-empting this process, however, in a worst case scenario, if the subdivision does not proceed then the Town will have committed to the provision of two synthetic bowling greens at the Floreat Park Bowling Club. Similarly, the Council would have expended the majority of the consultancy amount for architectural services if the project did not proceed.

Under clause (iii) of the Council decision on 17 December 2002, it is feasible that financing options could be presented to justify committing expenditure to the building project after the Town Planning Scheme is amended without completing the subdivision process.

3. Cost of Synthetic Bowling Greens

The Club has nominated an estimated amount of $350,000 to provide for the cost of converting two existing turf greens to synthetic greens. The cost estimate previously obtained by the Town for these works was $255,000 which has been indexed to $280,500 to account for inflationary increases since the estimates were made. At this time, the discrepancy of almost $70,000 in costs is not clear although, the Bowling Clubs’ Joint Committee have detailed in their correspondence, that the most satisfactory product is “Greengauge” supplied by Synthgrass. Therefore, it would appear that the clubs have obtained estimated costs which are in excess of the provisional budget amount. This could impact on the total cost of the project and needs to be considered in context of the overall budget for the project.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 95 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

It is understood that the ‘Greengauge’ product is superior, not only as a playing surface but also in terms of wear and tear and is more satisfactory in the long term.

4. Project Management by Council Architects

Oldfield Knott have been awarded a tender (Tender No. 32-2002/2003) for the architectural services to design all facilities and improvements of the Floreat Sporting Precinct including the project management of the construction. These requirements were specifically outlined by the Town in the tender documents and now form a part of the Town’s contract with Oldfield Knott.

Whilst the Bowling Clubs’ Joint Committee have offered to act for Council in dealing with suppliers and local contractors for installation of the synthetic greens, the Town is already committed to its architects to make these arrangements. Further, it is not simply a matter of informing Oldfield Knott of these works and that they will not be required to provide any architectural or engineering advice on the synthetic greens. It should be noted that Oldfield Knott have the only authority from Council to manage any construction works in relation to the Floreat Sporting Precinct and will act as the Town’s Superintendent in managing any construction contracts. Therefore, if the early construction of the synthetic bowling greens is approved, the sub-project should be designed and overseen by Oldfield Knott.

The funds for this project are being fully provided by the Town, and therefore, it is important that any expenditure is managed by appropriately qualified consultants appointed to act on the Town’s behalf.

5. Impact of synthetic court installation on Schematic Design

The tender documents issued by the Town for architectural services, state that the contents of the (Floreat Sporting Precinct) Master Plan are to be used as a guide only. The final design of the facilities will be the responsibility of the successful tenderer. The tender also outlines the items that are to be considered in the design as provided in the Master Plan.

The Scope of Works provided in the tender required the Architect to provide a schematic design including estimated cost for approval by the Council. This approval must be obtained prior to proceeding with the next step of detailed design and tender. Oldfield Knott outlined in their tender submission, that it is expected that this process will take approximately three months. During this time, the architect will review the Master Plan concept in detail, consult with the various stakeholders and present final schematic designs for Council approval.

Whilst it is not intended for Oldfield Knott to completely alter the concept plan, it is conceivable that upon review from another architectural firm, that some alternative design issues may be raised that could benefit the overall development. Any items that are fixed prior to this time could prevent the Architect from maximising the potential of the site. Construction of the synthetic bowling greens prior to the Schematic Design being finalised, could restrict design options. Therefore, any action to construct the synthetic greens should be deferred until the Schematic Design is final or that it is determined that the early construction will not impact on the overall design.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 96 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

6. Council tender requirements

The cost nominated by the Bowling Clubs’ Joint Committee for the construction of the two synthetic bowling greens is $350,000. Council is required, under the Local Government (Financial Management) Regulations 1996, to call tenders for works in excess of $50,000. Therefore, in this instance, the Town is unable to negotiate directly with Synthgrass for the supply and installation of the “Greengauge” product. The tender process can take some time to complete and does not meet the objective of the clubs to commission the suppliers/installers as soon as possible.

Assuming a tender and project management of the synthetic bowling greens installation was fast tracked, the following schedule outlines the earliest time for completion, ignoring any other constraints outlined in this report:

Time Period Date • Council approval to proceed 24 June 2003 • Architect to design and document 3 weeks 15 July 2003 • Advertise Tender 19 July 2003 • Tender Period Minimum 2 weeks 4 August 2003 • Tender Assessment 1 week 11 August 2003 • Council Award Tender 26 August 2003 • Contract to Mobilise and Construct 10 weeks 4 November 2003

It may be possible to fast track the tender decision by delegating authority to the Chief Executive Officer to accept a tender up to a maximum pre-determined amount.

This timeline is considered to be the earliest activities could occur and would rely on both the Administration of the Town and the Architect, to make this a priority and potentially delay other priorities. If the Architect expends resources on the synthetic bowling greens immediately upon being appointed, it may delay the schematic design and put back the overall project by a short time.

7. Source of Funding

At this time, Council has not considered a report on the funding options required by clause (iii) of Council’s decision of 17 December 2002. Work is progressing on this report and it is expected that the content will be very comprehensive and will provide a sound basis on which Council can progress the entire development. A range of options will be canvassed in the assessment and will take some time to prepare, although a report to Council in July/August 2003 is expected.

In the meantime, Council has approved the funding of the architectural costs from the Endowment Lands Account until the project financing model is established. Therefore, if the Council was to proceed with the construction of the synthetic bowling greens at this time, funds should be authorised from the Endowment Lands Account.

8. Project Timeframe/Construction Program

In their tender proposal, Oldfield Knott outlined a program for the development of the Floreat Sporting Precinct Stage 1. The program was based on the appointment of the Project Architect being made in March 2003. This event actually occurred in May 2003, therefore the program needs to be be assessed by adding two months to each date.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 97 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

The program proposed by the Architect with the adjusted date is provided below.

Time Period Start Finish 1. Approval/Appointment of Project End May 2003 Architect 2. Schematic Design approval (including 3 months End May 2003 End August 2003 brief) 3. Final Design documentation approval 2 months Eng August 2003 End October 2003 4. Pre tender estimate 2 weeks End October 2003 Mid November 2003 5. Call tenders for construction 1 month Mid November 2003 Mid December 2003 6. Award construction tender 2 weeks Mid December 2003 End December 2003 7. Construction 9 months Mid January 2004 Mid October 2004

Based on this program, and assuming construction commences in mid January 2004, the new Cambridge Bowling Club premises should be ready for occupation in mid October 2004. The other facilities included in Stage 1 will also have been completed.

Assuming the Town Planning Scheme Amendment is finalised later in 2003, it may be possible to achieve this completion time of October 2004. However, it is noted that the Council’s decision prevents works proceeding until the Town Planning Scheme is amended and the Subdivision Plans complete. Should the financing model satisfy the concerns with respect to the viability of the project, and the risks associated with the project are acceptable to Council, it is considered that the works can be implemented following the completion of the Town Planning Scheme Amendment without the need to finalise the subdivision. If this is the case, tenders should not be invited until after the Town Planning Scheme Amendment has been confirmed which would result in the calling of tenders being delayed until mid January 2004. Based on the above program, this would cause the project to slip by two months resulting in the earliest completion dated being mid December 2004.

From this assessment, it can be concluded that the completion date for the project will be approximately 11 months from the finalisation of the Town Planning Scheme Amendment.

9. Additional Costs

Early construction of the synthetic bowling greens would result in two separate construction contracts being entered into. This may incur some cost penalties with the Architect as this was not previously detailed as a possibility in the tender documents.

In addition, there may be additional costs in separating the construction project into two packages, however, it may also result in a saving, as the nature of the work is specialised and a head contractor would need to engage the services of a sub-contractor to perform these requirements. In these situations, a head contractor usually charges a 10% builders margin to take responsibility for the work of the sub contractor and manage the sub contractor.

Other costs could be incurred as a result of the club continuing to operate at the current Floreat Park Bowling Club site restricting the access for the builder who may load their costs to accommodate the club’s requirements during construction. This scenario could also create delays to the overall project.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 98 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

10. Early access to land for disposal

Certainly, if the City Beach Bowling Club vacated its current site at the end of 2003, the site would be available sooner for development and disposal, enabling the Town to realise the proceeds early. However, once the Town Planning Scheme is amended, there will still be some delays before the site is ready for development, due to the requirement of an Outline Development Plan being prepared, the Subdivision Plans being approved and the awarding of a construction contract for the development of the site. (Assuming the Town develops and sells the land compared to selling the land in an ‘englobo’ form.)

At the earliest, a construction contract would not be awarded for entry on site until approximately October 2004. Therefore, the advantage of the City Beach Bowling Club vacating the site earlier would be minimal in terms of perhaps two or three months. Even if a construction contract was entered into, earlier works could proceed on the eastern section of the site until the City Beach Bowling Club were in a position to vacate.

It should be noted that work is being progressed on finalising the design of the Cambridge Scout and Guide Hall which is to be built on Alderbury Reserve, in close proximity to the YMCA Hockey Clubrooms. These works are expected to be completed by early 2004, enabling the current City Beach Scout Hall to be vacated in time for any development of the land.

11. Lease terms and conditions

The Council, at its meeting held on 27 May 2003, decided that the lease terms and conditions for all community organisations are to be renewed for a period of three years on their existing conditions and that the Pricing Policy be deferred until such time as the Floreat Sporting Precinct facility is completed.

The Bowling and Croquet Clubs that form part of the Floreat Sporting Precinct have been excluded from this decision and the terms and conditions for leasing the premises are still to be determined.

At the time of preparing this report, the Town’s architects, Oldfield Knott, have not had the opportunity to review the proposal by the Joint Committee for the early construction of the synthetic bowling greens. The architects have been briefed and will provide feedback on the proposal prior to the Committee meeting.

STATUTORY/POLICY IMPLICATIONS:

There are no policy implications in relation to this matter.

The Local Government Act 1995, and Local Government (Financial Management) Regulations 1996, include provisions relating to the tendering for the provision of goods and services. Tenders are required for the provision of goods and services greater than $50,000.

The Local Government (Administration) Regulations and the Town’s Standing Orders require decisions to be revoked to be made by AN ABSOLUTE MAJORITY.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 99 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

FINANCIAL IMPLICATIONS:

The Bowling Clubs’ Joint Committee is seeking advance funding of $350,000 for the development of two synthetic bowling greens. The only source of these funds at this time, is the Endowment Lands Account until a financing model has been agreed by the Town.

STRATEGIC DIRECTION:

The development of facilities as recommended in the Floreat Sporting Precinct Master Plan, is consistent with the goals “to maintain and develop existing and new facilities” and “to ensure that the Town’s assets perform in accordance with the appropriate recognised, acceptable standards for the safety and benefit of the community”.

SUMMARY:

It is understood that the members of both Bowling Clubs have been waiting for a considerable period of time for the construction of the Cambridge Bowling Club to enable the two clubs to be amalgamated on one site. The process for the amalgamation commenced in early 1999 (four years to present) and it is acknowledged that the delay has been frustrating for the club members. During this period, both clubs have continued to operate independently incurring costs on both premises and maintaining separate greens.

The proposal submitted by the clubs has significant merit in attempting to fast track the amalgamation of the clubs and reduce the annual operating costs on the membership. However, previous Council decisions are quite specific in relation to the commitment of Council funds to the project which is reliant on the Town Planning Scheme Amendment process being finalised. A range of practical and logistical issues have been raised in this report that create difficulties in terms of providing the early construction of the synthetic bowling greens. The development of the Floreat Sporting Precinct, together with the development of the City Beach Bowling Club site, is already a complex issue. To now add the early construction of the synthetic greens as part of the project will further complicate the development which should be avoided if possible. The benefits of gaining access to the development site earlier are minimal in the context of the overall development.

Therefore, it is difficult to justify and support the proposal put forward by the Joint Committee for the early construction of two synthetic bowling greens.

Opportunities may be available in the project scheduling to program the early occupation of the new building facilities which should be assessed by the project architects. In the meantime, the bowling clubs may wish to consider co-locating at the City Beach Bowling Club from the 2003/2004 pennant season to reduce the operating costs of running two club facilities.

Committee Meeting 16 June 2003

During discussion, the Administration was requested to obtain written feedback from the Town’s Architect on the proposal made by the Floreat Park and City Beach Bowling Clubs – Amalgamation Joint Committee for the early construction of the synthetic bowling greens prior to the next meeting of Council to be held on Tuesday 24 June 2003.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 100 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

COMMITTEE AND ADMINISTRATION RECOMMENDATION:

That due to the practical and logistical issues raised in this report, the proposal made by the Floreat Park and City Beach Bowling Clubs – Amalgamation Joint Committee, to commit advanced funding to provide for the early conversion of two existing turf bowling greens to synthetic bowling greens at the Floreat Park Bowling Club site not be approved.

Council Meeting 24 June 2003

During discussion, it was agreed that the item relating to the Cambridge Bowling and Recreation Club – Proposed Synthetic Greens be referred back to the Corporate and Customer Services Committee for further consideration.

FURTHER REPORT (Post Council meeting 24 June 2003)

At the Council meeting held on 24 June 2003, the Floreat Park and City Beach Bowling Clubs – Amalgamation Joint Committee forwarded correspondence to the Town and also circulated to Elected Members at the Council Meeting. A copy of this correspondence, together with the attachments detailed in the original report, are attached.

The Administration has prepared a response to the matters raised in the recent correspondence from the clubs as follows:

1. Original Amalgamation Proposal

Although the Bowling Clubs first corresponded with Council on this matter in April 1998, the first time Council considered a report on the matter was in April 1999. The information referred to in the Administration’s June 2003 report related to when the information was presented to the Council and is correctly stated.

All of the Council’s planning in relation to the amalgamation of the two bowling clubs has been based on a temporary relocation of the clubs to the City Beach Bowling Club site to enable the new facility to be built on an unrestricted construction site, without the complication of building around continuing activity on the site by the Bowling Club. This is the original proposal put forward by the clubs and is considered to still be a sound basis on which the project should be progressed. Work on the project has already proceeded on this basis with the brief to the project architect, which has been appointed by tender, stating this requirement. Now that the detailed planning has commenced, and architects and consultants appointed on this basis, it is very late to receive a request from the bowling clubs, (June 2003), to alter such a fundamental part of the planning for this project.

The Town accepts that costs will be incurred as a part of the amalgamation process. Indeed, the Council is funding the full development costs. Therefore, it is only reasonable, and to be expected, that the bowling clubs will also incur costs to effect the amalgamation. Consequently, there will be costs in arranging the transfer of the Liquor Licence as well as establishing a new lease and relocation expenses. One of the benefits to be derived by the bowling clubs when they are amalgamated, is the annual cost saving in maintaining five greens (two of which are synthetic), as opposed to a combined total of eight turf greens at present.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 101 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

The request by the bowling clubs ignores any additional costs the Council will incur as a result of the builder working on a restricted site and splitting the construction contract for tender (e.g. tender documentation, tender advertising, assessing tenders and contract documentation).

The Administration has conferred with the Town’s Solicitors in relation to the liquor licence requirements, and the advice received follows:-

(i) A separate identity such as the Cambridge Bowling and Recreation Club can hold more than one liquor licence at any time. When the clubs decide to amalgamate and change their name, the leases and liquor licences will require to be amended to reflect the changes. It is a matter of ensuring that all the necessary documentation is in place and lodged with the Department for Liquor and Gaming prior to the changes taking place to ensure that there is no disruption to trading.

(ii) If the Floreat site has to be vacated and the former Floreat Bowling Club temporarily relocates to the City Beach site to allow works to proceed, it will, at that time, be necessary for the liquor licence and lease over the site to be surrendered. However, the club will still have a current licence at the City Beach site, that will serve the clubs’ needs.

(iii) As the development of the new club proceeds and it is known when the Cambridge Bowling and Recreation Club can take occupancy of their new premises, a new lease can be prepared and the Club can apply for either a Removal Application or new Liquor Licence for the new club facilities. There is a risk of challenge, however, the advice received is that the risk would be low. It is important that a new lease and the necessary documentation for a Liquor Licence be prepared and lodged well in advance of the club taking occupancy of new premises to ensure that no issues arise.

The suggestion by the Joint Committee that the greens at both sites would need to be maintained at a cost of probably $50,000 is not clearly understood. In the development proposal for the new Cambridge Bowling Club, five greens are to be provided whilst there are currently four on the site. Two of the five greens are proposed to be synthetic and two new greens are to be developed on the current Floreat Croquet Club site. Therefore, at most, the Club would only need to maintain one green at the Floreat site during construction. This may need to be reassessed as the green may require modification as part of the final design and it may be too difficult to reticulate from the current bore and maintain in a construction site. It may be more efficient to redevelop this green. This needs to be assessed in the planning stage.

The Joint Committee have stated that “adding the inconvenience of two moves which would be experienced by Floreat Park members and probably loss of members, our decision to remain in occupation at Floreat Park is right and firm”.

Whilst the view of the club is appreciated from their perspective, it does not consider the impact of their decision on the project in terms of cost or time, nor how it will affect other users of the Floreat Sporting Precinct.

2. Effect on Council’s decision dated 17 December 2002

Whilst the option to revoke Council’s decision of 17 December 2002 is available to the Council to facilitate the early construction of the synthetic bowling greens, it is not necessarily the recommended approach.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 102 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

As stated in the previous report, the intent of Council’s decision of 17 December 2002 was to provide a safeguard to ensure the funds to be used for the development of the new Cambridge Bowling Club will be realised to justify the development. This is an important risk mitigation strategy to provide some certainty in relation to project financing and should not be dismissed lightly.

Further, the Australian Standard AS4120 Code of Tendering, places an obligation on the principal (Town of Cambridge) to arrange the project funding before commencing the tendering process as having called tenders, the principal recognises the commitment to proceed with the project (Clause 6.2.1). The Australian Standard is based on ethical principles concerning the availability of funding (Clause 4 (e)) before proceeding with a project and for the principal having regard to the costs of tendering as a significant overhead for the building and construction industry (Clause 4 (c)).

The finalisation of the Town Planning Scheme Amendment is considered to provide sufficient certainty as to the availability of funding for the project when considering the risks associated with the development of the land. This matter will be addressed in the report being prepared to consider financing options which will be presented to the August 2003 Council meeting.

3. Cost of Synthetic Bowling Greens

The Joint Committee advise that the reason for the difference in the construction cost of the synthetic greens and the amount included in the Master Plan was due to additional works being undertaken at the same time for the lighting of two bowling greens and shadecloth over the paths. These costs are summarised below:-

Two Artificial synthetic Bowling Greens $280,500 Shadecloth over paths (50% of total costs) $33,400 Lighting to two Bowling Greens $33,500 $347,500 Approximately $350,000

It should be noted that this information was not supplied by the Joint Committee in their proposal and there was not sufficient time to check these details as the report needed to be prepared urgently for the Committee Agenda as the request was only received on Friday 6 June 2003 of the week before the Agenda was circulated to Elected Members. The Administration also had a number of other priorities at the time that prevented this matter from being pursued with the clubs.

In the original report it was anticipated that the Joint Committee had obtained cost estimates for the synthetic greens as they indicated that they had researched available synthetic greens, nominated the preferred product, and obtained the guarantee details on the carpet. However, it is now apparent the costings are based on the original estimates provided in the Floreat Sporting Precinct Master Plan. The costings provided in the Master Plan are estimates only and need to be confirmed in the schematic design and detailed planning stages. Therefore, it is realistic to expect that the final costs of the products could be different than the estimate provided in the Master Plan and this will have an impact on the project budget.

4. Project Management by Council Architects

Comments in relation to Oldfield Knott overseeing the project are noted.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 103 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

5. Impact of Synthetic Greens Installation on Schematic Design

The comment made by the Joint Committee that the nature and location of the sub project of converting two existing natural turf greens to synthetic greens would seem to provide no possibility of impact on the Master Plan, is not supported. This is subject to the Architects confirming the details of the original Master Plan and finalising the schematic design. The original Master Plan was always only a concept drawing, although building layouts were also provided, to determine the feasibility of the construction on the site and to assess probable costs. It is not necessarily the final layout and is certainly not a detailed design plan from which accurate costings can be determined.

The plan to continue in occupation of the Floreat Park site for continuity of play is a new request from the Joint Committee, and not the basis upon which the project was originally planned as discussed previously in the report. Continuity of play was always proposed to be on the City Beach Bowling Club site. Details in relation to continuity of play for the Croquet Club, whilst still an issue, have not yet been determined and will need to be considered as part of the programming for construction. As the existing Floreat Croquet Club site is proposed to be converted into two bowling greens for the new Cambridge Bowling Club, it is likely that the Club will also need to be temporarily relocated offsite to the Leederville Croquet Club. No commitment has been given to the Croquet Club about construction works being undertaken around them while they continue to operate, and indeed, it would be impossible for them to remain in their current location if the Joint Committee proposal to construct the synthetic greens and remain in occupation of the Floreat Bowling Club building during construction is approved. No consideration in the proposal has been given to the effect on the Floreat Croquet Club in this regard.

The comment that the conversion of the existing turf greens to synthetic greens will not restrict design options, is not known at this time until the Schematic Design is completed by the Architect and agreed to by Council. Whilst it is unlikely the layout would be amended dramatically, the Architect should not be prevented from reviewing the original design and presenting alternative options that could be for the long term benefit of the users of the new facilities and/or the Council.

6. Council Tender Requirements

The Architect, as part of his brief, will need to determine the type of carpet product to be specified in the tender. Whilst the clubs have nominated “Greengauge” as the best to their knowledge, and is their preferred product, the Architect needs to research this and confirm the choice. The Town must then comply with the tender regulations which may allow alternative products to be presented by tenderers.

The Joint Committee have commented that the Administration’s report did not advise the Council that they were prepared to play at alternative venues if the synthetic greens were not available by October. The original report was prepared in some detail and provided details of the Joint Committee’s proposal in the body of the report. To ensure that the proposal submitted by the Joint Committee was not misrepresented by the Administration, the Joint Committee’s letter was attached so that Elected Members could clearly see the basis of the request made by the Joint Committee.

7. Source of Funding

Comments by the Joint Committee are noted.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 104 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

8. Project Timeframe/Construction Program

Comments by the Joint Committee are noted.

9. Additional Costs

The time available to prepare the original report from when the request was received from the Joint Committee, was not sufficient to determine any cost penalties. Indeed, the first meeting with the Architect briefing them on the project requirements and this request, was on the Wednesday (11 June 2003) immediately prior to the Corporate and Customer Services Committee’s consideration of this request (Note: Architect appointed at the Council meeting held on 27 May 2003). Any assessment of cost implications would require the matter to be researched by the Architect, Quantity Surveyor and Project Planner.

However, since being briefed on the matter, the Architect has confirmed that through experience, increased costs can be expected as a result of breaking the contract into two construction packages, and the access limitations put on the site for the builder. This increase in cost has still not been accurately quantified and will need to be further assessed.

The Joint Committee in their response, have acknowledged that there are a number of options available in planning the layout of greens and buildings for the new club. This supports the Administration’s comments that the Schematic Design should be finalised prior to entering into construction contracts for the construction of the synthetic greens.

The comment made by the Joint Committee that the Architect can plan for little, if any, access restrictions to the building construction site whilst the clubs continue in occupation, is not supported by advice provided by the Architect.

The Architect has advised that his concerns in relation to this proposal are:-

1. Potential delays caused to the overall project. 2. Additional building costs (due to site restrictions). 3. Risk management of the construction site (public safety, workplace safety).

10. Early Access to land for Disposal

Based on the most recent estimates for commencing construction works on the subdivision of the City Beach Bowling Club land, the earliest works could commence is late December 2004. Therefore, the original comment in relation to the benefit of access to the development site earlier is still relevant and is considered in the context of the full development to be nominal. The demolition of the existing buildings on the site will be managed as part of the subdivision construction program. If the two bowling clubs are temporarily located at the City Beach Bowling Club site until construction works commence on the subdivision, then the City Beach Bowling Club buildings will not be left vacant for any significant period before being demolished. Indeed, if the clubs are located at Floreat during the construction works, the City Beach Bowling Club building could remain vacant for some time, also, there will be a delay in demolishing the Floreat Bowling Club building which would impact on the program for the project.

11. Lease Terms and Conditions

It is acknowledged that the Floreat Park Bowling Club has a current lease which does not expire until 31 August 2007. As part of the development of the new buildings and

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 105 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

creation of the Cambridge Bowling and Recreation Club, it is anticipated that the existing lease will be surrendered and a new lease entered into. Therefore, it will be necessary to develop the framework of the new lease prior to occupation.

The Joint Committee have made several points in their summary that require a response.

• Given the lead time for the preparation of the report for Council, and the request received by the Club for consideration at the June 2003 Council meeting, it was not possible to discuss the issues that were identified by the Administration in its report to Council. In fact, a discussion initiated by the Joint Committee with the Administration, prior to submitting the proposal would have provided the opportunity to identify the issues earlier.

Any special requirements placed on any building project will result in complications being experienced. This was certainly the Town’s experience developing on a restricted site for the Cambridge Library. Access restrictions are probably the most likely type of building restriction that can impact on a builder and should be avoided if there are other options available.

• The comment in relation to the Architect and his professional advice to the Council concerning this proposal is unfair, and does not give credit towards the professionalism of the Architect or his firm. The Town’s Administration has sought the advice of the Architect and when initially briefed, had not provided a copy of the report or recommendations until after the report was presented to the Committee. Initial advice from the Architect concerning the proposal was that it needed to be investigated to make an informed decision and also to be cautious about agreeing at this early stage to restrictions on the construction program. The comment about the Architects lack of knowledge from experience about the installation of synthetic greens is disrespectful to the Architect’s professional ability, who demonstrated through the tender process, vast experience in building construction projects with substantial diversity and particular expertise in recreation facilities.

Discussions with Bowling Clubs

A meeting was held on Wednesday 2 July 2003, with representatives of the two clubs, the Architects, and officers of the Town being present. The purpose of the meeting was to discuss the issues that have been raised and to gain a better understanding of each group’s position in relation to this matter.

At the meeting, the Architect, who had had more time to consider the proposal and other options, outlined the difficulty of the club remaining in occupation of the Floreat Bowling Club site during the construction program. The Architect confirmed that any restrictions placed on the builder will result in increased costs as well as additional time to complete the project. Whilst not fully quantified, the Architect indicated that the access restrictions could add another 10-12 weeks to the project at a cost of $4,000 - $5,000 per week just to cover the builder’s preliminary costs (e.g. supervision, project management, site sheds etc). This alone would involve a cost penalty of between $40,000 to $60,000. Other costs could also be expected to increase. Risk management and site issues would also present difficulties.

The clubs outlined the fact that members were not prepared to move to the City Beach Bowling Club site on a temporary basis and then move back again. This is due to the costs associated with the moves and inconvenience for the members which could result in a loss of members and have financial consequences for the clubs. As a result, the clubs have stated they will not vacate the Floreat Park Bowling Club site despite any of the rationale provided by the Town and Architects about the difficulties, including additional costs this action would incur. It should be noted that the Town is currently funding the full cost of development and the clubs propose

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 106 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

that any additional costs incurred as a result of their action to remain in occupation at the Floreat Bowling Club site, should be met by the Town. This is not considered a reasonable approach, particularly when there has already been a viable alternative identified for the temporary relocation of the club’s activities to the City Beach Bowling Club. In a project such as this, it must be accepted that there will be some inconvenience and the current approach by the clubs is an ultimatum that could affect the entire development proceeding.

At this time, it does not seem likely that a construction contract will be entered into with a builder until March/April 2004, depending on the tender approach adopted (i.e. expressions of interest or direct tender). Therefore, it is unlikely the builder will require access to the Floreat Park Bowling Club site until after the 2003/2004 pennant season is completed. On this basis, it is suggested the clubs continue to operate at the two different facilities for the upcoming pennant season, or amalgamate and operate from one club site. This will allow the Architects and Project Planners to assess various alternatives for the club to operate in some capacity from the new facilities from the 2004/2005 pennant season, commencing in October 2004.

This will provide the Architects with the opportunity of properly assessing this option once all design issues have been finalised and then programming the works can be better managed.

Correspondence from Joint Committee (7 July 2003)

Following the meeting held with representatives of the club on 2 July 2003, and the compilation of the additional report above, further correspondence has been received from the Joint Committee and circulated to Elected Members. A copy of this further correspondence is attached.

The correspondence from the Joint Committee states that the focus of the meeting on 2 July 2003 became the location of the amalgamated clubs during the construction period rather than the clubs’ proposal for the early conversion of the greens to synthetic. This occurred because the Town was exploring the reasons for the early conversion of the greens to synthetic, the clubs’ desire to remain in occupation of the Floreat Park Bowling Club site during the construction phase of the new facilities then became apparent. This is a fundamental aspect to the project which, until the last month or so, the Council was unaware of the requirement of the clubs.

Response to the matters listed in the correspondence is detailed below:-

1. Recommendation Procedures

At the meeting, the clubs were advised of the Council’s procedures in relation to recommendations of Committees that have been referred back. The clubs were also advised that in any event the club did not present sufficient justification for the Administration to consider amending the original recommendation particularly as a result of the professional advice given by the Architect.

In relation to the comment that the Administration would not include the club’s position on relocation, the initial advice was that the further report would simply contain a response to the issues raised by the Joint Committee in their correspondence received on the evening of the Council meeting held on 24 June 2003. However, after further discussion it was agreed that comments would be included in the Administration’s report concerning the clubs’ position in relation to relocation. This commitment was given by the Administration and the comments are included in the additional information above which was prepared prior to receiving the latest correspondence from the Joint Committee.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 107 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

2. Club’s plan to remain in occupation at Floreat Park

Comments noted and the issue has been discussed previously in this report.

3. Clubs accept re-siting of the new Club Building

Comments noted. The Clubs’ also accept that a slower development may result and that the last activity would be the demolition of the existing Floreat Park premises. It should be noted that should a builder have an unrestricted site, the first activity they would undertake would be to demolish the existing building. This restriction would have a major impact on the builder’s program.

4. Lack of Consultation

In this point the clubs acknowledge that although they had long recognised the need to remain in occupation at Floreat Park, they did not, until now, formally advise Council. Consequently, the Council continued all its planning, including the brief to the Architects in the tender document, on the basis of the clubs relocating to City Beach Bowling Club. Council’s previous decisions have always been on this basis and at no time has the Council considered a proposal for the clubs to remain in occupation of the Floreat Park Bowling Club.

5. Relocation problems for the Clubs

As it is unlikely that a builder will be appointed and in a position to commence construction works until March/April 2004, it is recommended that the clubs either remain as separate entities for this pennant season or if the clubs wish to amalgamate, then they occupy the City Beach Bowling Club site. In relation to the liquor licence there are a number of options for transferring the licence to the new building however, it is acknowledged that some options may be more costly than others. However, this is an incidental cost to achieve the ultimate objective of the amalgamation of the two clubs. The comment attributed to Hoffman Architecture has not been independently confirmed however, advice from Oldfield Knott does not support the assertion that the re-siting to the Croquet area would only require minor and easily incorporated changes to the overall scheme for the precinct. Current advice from Oldfield Knott is that the planning of the new relocated facility would require significantly more design work.

6. Brief to Project Architect

It is confirmed that all architects, through the tender process, were advised that the Bowling Clubs would be temporarily located at the City Beach Bowling Club site during the construction phase of the new facilities allowing unrestricted access to the building site. The architects did not have in their possession the report presented to the Corporate and Customer Services Committee on 16 June 2003, until after the Committee meeting was held. The report and Minutes of the Corporate and Customer Services Committee meeting was faxed to the Architect on 17 June 2003. The architect first met with the clubs on Thursday 12 June 2003.

The architect has advised that they will consider alternative options for the early occupation of the new Bowling Club facilities as part of their brief. The architect did outline to the clubs the difficulties with their proposal of remaining on site during the construction period.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 108 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

7. Consultation in relation to relocation

As stated previously, the Administration did not have the opportunity to consult with the Joint Committee prior to preparing the report submitted to the June Corporate and Customer Services Committee. This was due to requests made by the club, to consider the matter as soon as possible, to allow the synthetic greens to be in play by October 2003. The Administration does not accept that the original idea for relocation has been discarded as this proposal has never before been put to the Council for consideration. It is only now that the Council is being advised of the reasons for the proposal for the early conversion of the greens to synthetic.

In relation to the comments made to the Administration recommendation, it is advised that this recommendation is made on professional advice and is considered appropriate considering all the circumstances related to this issue.

SUMMARY:

As noted in the previous report, the Town does sympathise with the two bowling clubs due to the length of time the project has taken to get to this point. However, in reviewing the proposal put forward, there are too many practical and logistical reasons against proceeding with early construction of the two synthetic bowling greens, as outlined in the original report and further reinforced in this additional report. Therefore, the original recommendation to not accept the proposal is still supported and opportunities should be assessed for facilitating the earliest possible occupation of the new facilities by the clubs involved.

In summary, the initial recommendation put forward is still supported and is considered to be the appropriate way in which to proceed in this matter.

ADMINISTRATION RECOMMENDATION:

Moved by Cr McAullay, seconded by Cr Barlow

Committee Meeting 14 July 2003

Mr Barrie Rubie and Mr Ray Delmenico, representing the Bowling Club Amalgamation Joint Committee, addressed the Committee in relation to this item. Mr Hugh Gill, representing Architects Oldfield Knott, was also in attendance.

During discussion, Members expressed empathy with the position of the bowling clubs, however, acknowledged the implications of supporting a continuation of occupancy of the Floreat greens during the construction stage of the project. It was noted that the Project Architects are to provide the schematic design for the project by the end of August for consideration by Council in September. It was agreed that additional information be requested, assessing the range of implications arising from the proposal for early or continuing occupancy of the Floreat bowling facility to be submitted with the schematic design for Council consideration. It was also agreed that a site meeting be held at 11.00am on Saturday 19 July 2003 to enable Elected Members to familiarise themselves with the proposal.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 109 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Amendment

Moved by Cr McAullay, seconded by Cr Barlow

That the motion be amended by the addition of the following clause:-

• The project architects, Oldfield Knott, be requested to provide a report assessing the scheduling, costing and health and safety implications associated with any potential opportunity for either continuing or early occupation of the bowling club facility at the Floreat site when the schematic design is presented for Council consideration.

Carried

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That:-

(i) due to the practical and logistical issues raised in this report, the proposal made by the Floreat Park and City Beach Bowling Clubs – Amalgamation Joint Committee, to commit advanced funding to provide for the early conversion of two existing turf bowling greens to synthetic bowling greens at the Floreat Park Bowling Club site not be approved;

(ii) the project architects, Oldfield Knott, be requested to provide a report assessing the scheduling, costing and health and safety implications associated with any potential opportunity for either continuing or early occupation of the bowling club facility at the Floreat site when the schematic design is presented for Council consideration.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 110 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.74

ACCOUNTS FOR PAYMENT (File Reference: FIN0049)

PURPOSE OF REPORT:

To confirm the payment of accounts to pay for expenses incurred by the Town to fund its operation.

DETAILS:

Regulation 13 of the Local Government (Financial Management) Regulations 1996 requires a list of accounts to be prepared and presented to Council. Below is a list of the cheques raised for the payment of accounts from the Municipal Account (and Trust Account where applicable).

POLICY IMPLICATIONS:

Payments in accordance with Policy 2.3.4 “Council Bank Accounts and Payments”.

FINANCIAL IMPLICATIONS:

Expenses incurred are charged to the appropriate items included in the annual budget.

STRATEGIC DIRECTION:

There are no specific details in the Strategic Plan and Plan of Principal Activities providing for the payment of accounts.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That in accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, the schedule of accounts as detailed below be confirmed and the list of payments, as laid on the table, be included in the Minutes of the Council:-

Cheque No. Municipal Date Details Amount

401299 16 Jun 2003 Advance Recoup V42004 – V42089 $275,808.03 401300 18 Jun 2003 Advance Recoup Taxation Dept (13/6/03) $60,696.41 401301 20 Jun 2003 Advance Recoup V42090 – V42177 $302,472.93 401302 20 Jun 2003 Advance Recoup Wages Transfer 13/06/03) $176,792.82 401303 25 Jun 2003 Investment National Bank $885,000.00 401304 27 Jun 2003 Investment Commonwealth Bank $305,000.00 401305 30 Jun 2003 Investment Commonwealth Bank $307,000.00 401306 4 Jul 2003 Advance Recoup Taxation Dept (27/6/03) $61,668.55 401307 4 Jul 2003 Advance Recoup Wages Transfer (27/6/03) $181,259.33 401308 4 Jul 2003 Advance Recoup V42178 – V42379 $380,102.73 401309 7 Jul 2003 Investment Bankwest $289,000.00 401310 7 Jul 2003 Advance Recoup V42380 – V42469 $254,232.49 $3,479,033.29

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 111 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.75

INVESTMENT SCHEDULE (File Reference: FIN0038)

PURPOSE OF REPORT:

To advise the Council of the amount of surplus funds invested, the distribution of those funds and the financial performance of each investment (ie interest earned) year to date for the period ended 30 June 2003.

POLICY IMPLICATIONS:

Council Policy identifies an approved list of investment bodies. Not more than 25% of available funds is to be placed with any one institution. The current investment portfolio complies with this policy.

In addition, the policy requires an investment report to be submitted to the Council each month.

FINANCIAL IMPLICATIONS:

Interest from investments represents a significant revenue item in the Council’s Budget and it is important that the Council’s investment performance is monitored closely.

Interest is accrued in the financial statements for the month and upon the maturity of each investment is then compounded unless the funds are required for Council purposes.

The Investment Schedule as circulated provides details of the performance of each individual investment to date. A summary of the investment performance to budget is provided below:-

Budget Actual as at % Budget Actual as at 2001/2002 June 2002 2002/2003 June 2003 % General $250,000 $227,041 90.8% $260,000 $242,848 93.4% Reserves $211,900 $206,020 97.2% $162,000 $184,228 113.7% Endowment Lands $200,000 $162,835 81.4% $145,000 $180,217 124.3% TOTAL $661,900 $595,896 90.0% $567,000 $607,293 107.1%

STRATEGIC DIRECTION:

There are no specific details in the Strategic Plan or Plan of Principal Activities outlining the requirements for the investment of Council funds. However, the management of these surplus funds is consistent with the Town’s Mission for the “efficient, accountable and quality management of public assets and infrastructure.”

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That the Investment Schedule as at 30 June 2003, as attached to and forming part of the Notice Paper, be received.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 112 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.76

DOCUMENTS SEALED (File Reference: ADM0039)

PURPOSE OF REPORT:

There is no statutory requirement for the Council to give prior approval for the Seal of the Municipality to be placed on documents. It is considered desirable, however, to provide the Council with relevant information relating to documents sealed.

DETAILS:

The following documents have been sealed with the Common Seal of the Town:-

Date Document Details No. 12 June 2003 Title: Deed of Easement – 61 and 63 Northwood Street, West 6 Leederville, between Jamie Robert Bowden and Rebecca Louise Bartrop and Andrew John Cox and Amanda Jane Cox and the Town of Cambridge.

Purpose: Creation of an agreement between the two property owners and the Town for the creation of Easements of Support between the two lots.

13 June 2003 Title: Withdrawal of Caveats – No. 61 and 63 (Lots 64 and 65) 2 Northwood Street West Leederville – Cox and Bartrop.

Purpose: To facilitate creation of Deeds of Easement between the owners of the two lots.

17 June 2003 Title: Transfer of Land – Lot 515 (No. 124) Jersey Street Jolimont. 1 copy

Purpose: To facilitate settlement of the above property.

17 June 2003 Title: Transfer of Land – Lot 504 (No.146) Jersey Street Jolimont. 1 copy

Purpose: To facilitate settlement of the above property.

17 June 2003 Title: Transfer of Land – Lot 505 (No. 144) Jersey Street Jolimont. 1 copy

Purpose: To facilitate settlement of the above property.

19 June 2003 Title: Withdrawal of Caveat – Lot 68 on Deposited Plan 24862 - 57A 2 copies Northwood Street.

Purpose: Caveat withdrawn to allow sale of adjacent properties and creation of Easements of Support on each lot.

19 June 2003 Title: Withdrawal of Caveat – Lot 70 on Deposited Plan 32047 1 copy

Purpose: Caveat withdrawn to allow sale of adjacent properties and creation of Easements of Support on each lot.

23 June 2003 Title: Transfer of Land– Lot 514 (No. 126) Jersey Street Jolimont. 1 copy

Purpose: To facilitate settlement of the above property.

23 June 2003 Title: Transfer of Land – Lot 513 (No. 128) Jersey Street Jolimont. 1 copy

Purpose: To facilitate settlement of the above property.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 113 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

23 June 2003 Title: Transfer of Land – Lot 503 (No. 148) Jersey Street Jolimont. 1 copy

Purpose: To facilitate settlement of the above property.

25 June 2003 Title: Deed of Partial Surrender of Lease – Cities of Perth, 8 copies Joondalup, Stirling and Wanneroo and the Towns of Cambridge Victoria Park and Vincent and Mindarie Regional Council.

Purpose: To facilitate the lease of an area at Tamala Park for a telecommunication site.

26 June 2003 Title: Town Planning Scheme No. 1 – Amendment No. 5 3 copies

Purpose: To formalise Amendment No. 5 to TPS No.1.

3 July 2003 Title: Tamala Park lease documentation. Deed of Assignment and 6 copies Deed of Variation of Lease

Purpose: To facilitate the lease of an area at Tamala Park for a telecommunication site.

POLICY IMPLICATIONS:

Nil.

FINANCIAL IMPLICATIONS:

Nil.

STRATEGIC DIRECTION:

There are no specific details in the Strategic Plan and the Plan of Principal Activities in relation to the sealing of Council documents.

Committee Meeting 14 July 2003

During discussion, the Administration was requested to incorporate a cross reference to any Council decisions relating to items that have had the Town’s Common Seal affixed.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That it be noted that the Common Seal of the Town of Cambridge has been affixed to the documents as set out in the schedule attached to and forming part of the Notice Paper.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 114 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.77

LEEDERVILLE TOWN HALL - LESSER HALL LICENCE AGREEMENT (File Reference: PRO1270)

PURPOSE OF REPORT:

To seek Council’s approval to enter into a 12 month licence agreement for the lesser hall at the Leederville Town Hall.

BACKGROUND:

The Leederville Town Hall lesser hall was built in 1904, with the main hall added in 1914. Following a successful Lotteries Commission grant in 1999, a conservation plan was developed by consultants, Considine and Griffiths Architects. This document provided a framework for the conservation and future use of the Leederville Town Hall. In addition, it also provides a detailed historical account of the facility and its use, since construction, as well as strategies to restore and preserve the heritage value of the building. Furthermore, in November 2002, the Leederville Town Hall has been placed on the interim register with the WA Heritage Council.

The lesser hall at the Leederville Town Hall was leased to the Gilbert and Sullivan Society of WA for term of 10 years commencing from 1 July 1987 to 30 June 1997 for a fee of $1,895 per annum. Since the expiration of the lease, the lease was held over until the Council adoption of a leasing policy. The lesser hall is approximately 175 square metres with separate kitchen, toilets and two cloak rooms.

In addition to leasing the lesser hall, the Gilbert and Sullivan Society of WA also utilised the main hall on an hourly basis under a licence agreement. The Gilbert and Sullivan Society of WA relinquished their lease in January 2003.

Since the departure of the Gilbert and Sullivan Society of WA, and coupled with substantial termite damage occurring throughout the facility, income for the Leederville Town Hall has been greatly affected. On advice received from the Town’s maintenance contractor, both the main hall and lesser hall were closed to permanent hirers and the public whilst remedial and cosmetic works were carried out to the main hall. The main hall was repaired quickly however works to the lesser hall took a great deal longer. A report was presented to Council in relation to this matter and has been included as an attachment (see attachment 1).

As at 30 May 2003 revenue derived from hirers and leases totals $10,001 which was $8,400 short on budget expectations. The Town has been approached by two different organisations who have requested to become a long term exclusive hirer of the lesser hall at the Leederville Town Hall which provides an opportunity to raise additional income. One of these organisations has been a casual user of the lesser hall for the past three weeks.

Presently, a Business Plan for the Leederville Town Hall is being documented and until this is completed it is not recommended the Town enter into any long term hire agreement with a user. However as an interim arrangement, a 12 month management agreement of the lesser hall at the Leederville Town Hall could be negotiated and not hinder the framework of the business plan.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 115 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

DETAILS:

Two organisations - The Naked Emotion Ensemble Inc and the Christian City Church Perth, have written to the Town requesting the exclusive use of the lesser hall at the Leederville Town Hall. Administration has met with representatives of both groups on site to discuss their proposal and their details are outlined below;

1. The Naked Emotion Ensemble Inc

The Naked Emotion Ensemble Inc is a WA based theatre company devoted to presenting professional standard productions of major classics and important contemporary plays. They are a registered incorporated body that is currently transient with no permanent address.

A summary of their submission is outlined below:

Building Proposal

The company proposes to transform the lesser hall into a dedicated theatre venue (at no cost to Council) that would allow it to be used as rehearsal space and the ability to program and market theatre classes and workshops. For this transformation to occur, a number of minor changes to the lesser hall are required, including:

• Painting the interior walls in a dark neutral colour, preferably black • Introduction of curtains to block the sunlight • Installation of temporary partitions • Seating and rostra • Lighting equipment • Sound system • Administration facilities and; • Related sundries.

In relation to the lighting equipment it is proposed to hang these from the existing wooden beams, however, considering the past termite damage it would be advisable to obtain a structural engineering certification to alleviate any concerns about the integrity of the building. Furthermore, the Town would be reluctant to allow any cosmetic work to be completed at the venue as a considerable amount of money has been spent on renovating, repairing and painting the building. Some of these costs paid by the Town are outlined in the table below:

Item Amount Painting $6,133 Repairs $4,500 New Roof $33,000 Replace Hip in Front $1,100 Secure Internal Wall $1,250 Kitchen Ceiling $650 Ceiling Insulation $750 New Mouldings $3,500 Supervision Costs $665 Consultants Fees $4,820 Total $56,368

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 116 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Management Term

The company is seeking an initial term of two years with the possibility of an extension pending the future developments of the Leederville Town Hall.

The Naked Emotion Ensemble Inc understands the heritage value of the building and would return the building to its original state if they moved premises.

Potential Benefits

Include the opportunity for local residents to experience home style theatre at a reasonable cost ($10 per adult), secondary opportunities would flow to local businesses and complement the neighbouring Leederville Sporting Club, Youth Centre and the Wembley Theatre Company (located at the Wembley Community Centre).

From a financial perspective, the Town would receive a leasing income of $5,000 per annum.

Effect on Other User Groups

As the lesser hall has its own entry and exit points, kitchen and toilet facilities it is envisaged that there would not be any conflict of interest with other users of the Leederville Town Hall. In addition, there would be little inconvenience caused to the adjacent Leederville Sporting Club. It is anticipated that there will be bookings from Monday – Sunday, encompassing rehearsals and performances. The rehearsals would involve up to 12 participants whereas the performances could attract up to 100 people and if these numbers were to grow, the use of the main hall at the Leederville Town Hall would be examined. However this could prove problematic as it would hinder other present and potential users of the facility.

Impact on Local Residents

It is anticipated that there would be no inconvenience to nearby residents by the proposed use.

2. Christian City Church Perth

The Christian City Church Perth is a part of Christian City Church International (31), a group of 120 churches world wide available to people of all ages with a strong family focus. There are 12 churches in Western Australia including the Christian City Church Perth which is currently located at the Perth Modern High School; however they have been hiring the lesser hall on a casual basis for the past three weeks. They are also a not-for-profit organisation.

A summary of their submission is outlined below:

Building Use Proposal

The Church proposes to transfer the lesser hall into an amateur art gallery which would enable up coming artists to display their art work. The target group are upper metropolitan high school, TAFE and University students and recognised local national and international artists. The idea of an art gallery has been developed in consultation with ArtsWA, the Education Department and local artists.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 117 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

For this transformation to occur, the following changes would occur (at no cost to the Town):

• Tracking lighting to be installed • Painting of the interior walls in a colour conducive to the displaying of art (dark green) • Installation of temporary partitions

In relation to the lighting tracking and similar to the Naked Emotion Ensemble Inc., it is proposed to hang these from the existing wooden beams, however, considering the past termite damage it would be advisable to obtain structural engineering certification. Furthermore, the Town would be reluctant to allow any cosmetic work to be completed at the venue as a considerable amount of money has been spent on renovating, repairing and painting the building.

In addition to the Art Gallery, the Christian City Church Perth will be conducting their Sunday service, children activities and other community events including Kids Days Out, Christmas Eve activities, Teen Challenge. A series of community education seminars are also proposed.

The Christian City Church Perth has offered to clean the lesser hall and pay any associated utility charges.

Potential Benefits

Benefits are similar to those outlined in the Naked Emotion Ensemble Inc proposal. Additionally the Church’s proposal would provide a venue for up coming artists to display their art work and an opportunity for local artists to attend training courses. Furthermore training courses would be provided to the visual arts – music, dance and theatre. If any income was derived from the display of art, the Town could explore the opportunity to negotiate a share of these proceeds with the Christian City Church Perth, possibly 10%.

Opportunities for local residents to participate in a number of different community events would be provided.

From a financial perspective, the Town would receive a leasing income of $5,000 per annum plus possible commissions from art works.

Effect on Other User Groups

Little inconvenience would be caused to other users of the Leederville Town Hall and the Church group would be encouraged to develop a relationship with the adjacent Town Youth Centre and the Leederville Sporting Club.

It is anticipated that the lesser hall at the Leederville Town Hall would be utilised 5-6 days per week, however confirmed times have yet to be arranged.

Impact on Local Residents

It is anticipated there would be no inconvenience to nearby residents and the proposal would broaden the scope of activities available to the Town.

Management Term

An initial term of five years is requested.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 118 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

POLICY IMPLICATIONS:

2.1.38- Hire of Community Halls – Permanent Hirers

FINANCIAL IMPLICATIONS:

An amount of $5,000 worth of leasing income.

STRATEGIC DIRECTION:

The introduction of a 12 month management licence of the lesser hall at the Leederville Town Hall supports one of the goals of Economic Development, namely:

• To defray some of the Town’s expenditure on facilities… by assessing opportunities for cost recovery to reduce costs to ratepayers.

SUMMARY:

A Business Plan is currently being prepared for the Leederville Town Hall and therefore, it is not recommended the Town enter into any long term arrangement with users until this document has been finalised and endorsed by Council. However, an interim management arrangement (licence) could be negotiated with a user who wishes to have exclusive use of the lesser hall at the Leederville Town Hall. To this end, two organisations have written to Council requesting this usage and a summary of their proposals has been outlined in this report.

The Naked Emotion Ensemble Inc wish to transform the lesser hall into a dedicated theatre that entails a number of minor cosmetic changes to the facility. On the other hand, the Christian City Church Perth wishes to transfer the lesser hall into an amateur art gallery and functional space for community programs, training and workshops. A number of minor changes have also been requested by this organisation. However, it is not recommended that any changes be allowed to the lesser hall due to the considerable amount of money previously spent ($56,368) and the heritage value of the building.

Both organisations have offered the same amount in terms of lease fee ($5,000 per annum), are keen to develop partnerships with a number of agencies and would not cause any inconvenience to nearby residents. The Naked Emotion Ensemble is an incorporated body, and the Christian City Church Perth is a not for profit organisation.

Presently, the Christian City Church Perth is a casual hirer of the lesser hall at the Leederville Town Hall and has kept the premise clean and tidy. Although the Naked Emotion Ensemble has no premise, their specific requirements could be accommodated within another Council facility, the cavern at the Quarry Amphitheatre, a facility specifically designed to accommodate the performing arts. In addition, the various other activities offered at the venue by the Christian City Church Perth would benefit a greater number of residents within the Town.

Accordingly, it is recommended that the Christian City Church Perth be offered a management licence for the exclusive use of the lesser hall at the Leederville Hall for a period of twelve months subject to the following conditions:

• no painting, decorating or structural work to be undertaken at the facility • if any income is derived form the display of art, the Town will receive a 10% share of the commission on the sale proceeds; • that this is an interim arrangement until the completion of the Leederville Town Hall Business Plan.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 119 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

Should Council support the recommendations contained in this report it is intended to offer, if available, an alternative and more suitable accommodation at the Quarry Amphitheatre cavern to the Naked Emotion Ensemble Inc.

Committee Meeting 14 July 2003

Mr Phil Kinney of the Christian City Church and Ms Shirley Welsh of the Naked Emotion Ensemble addressed the Committee in relation to this matter.

Members agreed that the selection was a difficult one as both applications had considerable merit and both applicants showed a keen interest in leasing the venue.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That:

(i) the Christian City Church Perth be offered a 12 month management licence of the lesser hall at the Leederville Town Hall effective from 1 August 2003 on the proviso that no painting, decorating or structural work to be undertaken at the facility;

(ii) if any income is derived from the sale or display or art work at the lesser hall at the Leederville Town Hall, the Town will a receive a 10% commission on the sale proceeds;

(iii) the Naked Emotion Ensemble be encouraged to consider the Quarry Amphitheatre cavern as an alternative venue.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 120 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.78

QUARRY AMPHITHEATRE – ORCHESTRA PIT (File Reference: CMS0028)

PURPOSE OF REPORT:

To Seek Council’s support in permanently filling in the orchestra pit.

BACKGROUND:

A report was presented at the 23 July 2002 Council meeting seeking support in enclosing the Quarry Amphitheatres orchestra pit. This was endorsed and an amount of $10,000 was included in the 2002/2003 Budget to accommodate these works. A copy of this report has been included as an attachment.

The original intent of these works was to extend the stage over the orchestra pit, however further investigation involving engineering certification revealed that the cost for these works was in the vicinity of $25,000 to $64,000. This cost was far greater than the original allocated amount of $10,000 and an alternative suggestion was to permanently fill in the orchestra pit which would be less costly to construct and maintain than extending the stage.

DETAILS:

The possibility of permanently filling in the orchestra pit has been examined. This has entailed structural engineers preparing contract documentation and certification, consultation with users of the facility, and an operational perspective by the venue management, Starlight Theatre Lighting (STL). Works required to fill in the orchestra pit include building a retaining wall, seal up doorway, sand fill, and drainage and cover the area with grass.

The cost for these works is approximately $20,000 which is still in excess of the budgeted amount of $10,000, bearing in mind that $2,000 has already been spent on engineering consultants. Therefore an additional amount of $12,000 would be required. The additional monies required can be re-allocated from the following capital items which have been completed and have resulted in savings:

Item Amount of Savings Quarry Driveway Edging $5,500 Quarry- Stage Path Edging $6,000 Quarry – Toilet Modifications $2,500 Total $14,000

From the Administration’s, STL and the hirer’s perspective, filling in the stage permanently would be beneficial for a number of reasons:-

• From a safety and risk management perspective, it would eliminate potential incidents and accidents that could possibly occur when entering and exiting the orchestra pit. If the stage was extended, a number of structural beams would be required that present potential hazardous situations to users and management of the venue.

• It would allow greater audience access to the performance and thus increase revenue to the hirer and the Town.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 121 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

• It would allow a greater number of patrons to attend as the current orchestra pit would be enclosed and create additional audience seating, however if a hirer required additional stage area this could still be accommodated by extending a temporary stage over the filled in grassed area.

• It would allow greater crowd control, especially during large performances.

POLICY IMPLICATIONS:

Nil, although the conditions of hire documentation will need to be changed reflecting the lack of an orchestra pit at the venue.

FINANCIAL IMPLICATIONS:

An additional amount of $12,000 is required to complete the necessary works.

STRATEGIC DIRECTION:

The enclosure of the orchestra pit supports the mission of the Towns Strategic Plan, namely:

To facilitate a delivery of services this fosters a quality lifestyle, and promotes efficient, accountable and quality management of public assets and infrastructure.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That:

(i) the orchestra pit at the Quarry Amphitheatre be permanently filled in at a cost of $20,000;

(ii) the following items included in the 2002/2003 Budget be carried forward in the 2003/2004 Budget and re-allocated to the project funds required to permanently fill the Quarry Orchestra Pit:-

Item Amount Quarry Driveway Edging $5,500 Quarry- Stage Path Edging $6,000 Quarry – Toilet Modifications $2,500 Quarry – Stage Extensions $8,000 Total $22,000

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 122 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.79

DEMOLITION OF SHOP AT 90 CAMBRIDGE STREET (File Reference: PRO1086)

PURPOSE OF REPORT:

To provide Council with information received from a Heritage Architect pertaining to the heritage value of the shop at 90 Cambridge Street, West Leederville and obtain approval for the shop’s demolition.

BACKGROUND:

The Corporate and Customer Services Committee at its meeting held on 17 March 2003 considered a report that recommended the demolition of the shop at 90 Cambridge Street, West Leederville.

The Administration’s recommendation in that report was as follows;

“That:-

(i) the demolition of the Council owned building at 90 Cambridge Street, West Leederville and the inclusion of the vacant land into the adjacent public park be approved;

(ii) the funds needed to complete the demolition be reallocated from the following projects:-

(a) $4,400 from 90 Cambridge Street Structural Assessment

(b) $1,250 from Leederville Town Hall Repair/Replace Bitumen Surfaces”

That recommendation was formulated on the basis of information provided in a structural report prepared by Engineering firm Pritchard Francis and Associates as follows:-

“The building generally consists of a brick façade and return walls to the front elevation, timber framed walls to the remainder, metal roof sheeting and timber framed floors on timber stumps. The exterior of the building is clad with timber weatherboards with the interior walls generally lined with plasterboard. Ceilings are a combination of pressed metal, plasterboard and timber. All of the timber structural framing visible at the time of the inspection appeared to be jarrah.

The brick façade and return walls to the front elevation are in reasonable condition, with no signs of any major cracking. The cantilevered street canopy structural framing appears to be in reasonable condition, however the condition of the connections, particularly to the building, are unknown. As such, we are unable to comment on the overall structural stability of the canopy. Recently, a number of these structures have collapsed without warning. Also, the cladding on the ends of the canopy may be unstable. Typically, with the exception of the rear wall, the timber framed walls, roof and ceiling they do not appear to have any obvious signs of deflection or failure. The external rear wall is in poor condition and generally in need of significant repair or rebuilding.

The condition of the flooring is unknown due to floor coverings of carpet and vinyl. However, floors generally are out of level and uneven, most likely due to failure and subsidence of the floor stumps. A visual inspection of the sub floor space indicated the majority of the floor stumps to be in need of repair and/or replacement.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 123 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

In summary, the building structure generally appears to be in a serviceable condition, with extensive re-stumping throughout and remedial works to the rear wall being the obvious major structural defects. Other lesser structural defects may become apparent if remedial works to wall, ceiling and roof finishes are undertaken.

Given the overall structural condition of the building, further investigation and establishment of budget estimates for repair work may be the next logical step to determine the viability of the building.”

Some preliminary cost estimates to carry out remedial works to the shop were approximately $73,000 to improve the structural damage to the facility that has occurred over time.

The shop at 90 Cambridge Street, West Leederville was originally acquired by the former City of Perth in June 1987 for the amount of $87,000. The land was classified in the City of Perth Planning Scheme as a City of Perth Scheme Reserve for Public Purposes, with a specific designation as ”Civic Purposes” (adjoining land to the east and west was similarly classified. That to the north was reserved for Parks and Recreation.)

The City of Perth purchased the subject land so that it could be developed in accordance with the reservation at an appropriate time. It was the intention of the City of Perth to demolish the building and incorporate the land with the adjoining public park. The shop on the site constituted a “non-conforming use”. The site remains zoned, Parks and Recreation under the Town of Cambridge Town Planning Scheme.

During discussion at the Corporate and Customer Services meeting in March 2003, Elected Members were not prepared to support the demolition of the Council owned building at 90 Cambridge Street at this time and agreed that advice be obtained from a Heritage Architect on the viability of retaining the building and a report be submitted to Council as soon as possible.

Subsequently Council at its meeting held on 25 March 2003 decided;

“That advice be obtained from a Heritage Architect on the viability of retaining the Council owned building at 90 Cambridge Street, West Leederville and a report be submitted to Council as soon as possible.”

DETAILS:

In accordance with Council’s decision quotations were arranged and a Heritage Architect, Mr Ronald Bodycoat appointed to carry out a heritage assessment on the shop at 90 Cambridge Street, West Leederville.

Mr Bodycoat completed a comprehensive heritage assessment on the shop and house at 90 Cambridge Street, West Leederville, a copy of which is enclosed as an attachment to this report. The separate explanatory note that accompanies the report states:-

“The Heritage Assessment for this place has been prepared for the Town of Cambridge to guide action by Council regarding the future of the building.

The place retains the original external form as viewed from the street but changes have been made to external details, verandahs have been enclosed, external walls painted and altered, fencing altered, and the whole of the interior compromised by unsympathetic alterations. In addition, the place is severely deteriorated. These modifications have compromised the architectural value of the place, which is no longer an element of importance in the streetscape as a consequence of the changes and the condition. The

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 124 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

place has little cultural heritage significance and is not included in the Municipal Heritage Inventory of the Town of Cambridge. The current low standard of amenity of the place and the existing changes in floor levels has reduced the possibility of reasonable ongoing use. The building no longer conforms to current standards of access, amenity and security.

It is recommended that Shop and House, 90 Cambridge Street, West Leederville, is demolished to allow consolidation and development of the surrounding open space as a landscaped park for community use as a consequence of the substantial changes made to the architectural character and presentation of the place, the present poor condition of the fabric, and the high cost to repair, refurbish and adapt for appropriate use.”

FINANCIAL IMPLICATIONS:

Two quotations have been obtained for the demolition of the building. These have come in at $8,064 and $5,650.

It is estimated that it will also cost an additional $4,000 to have the site reticulated and grassed.

It is recommended that an amount of $9,700 be budgeted for in the 2003/04 financial year to pay for the demolition and reinstatement of the land to be incorporated into the adjacent park lands.

POLICY IMPLICATIONS:

Nil.

STRATEGIC DIRECTION:

There is nothing in the Strategic Plan that directly relates to this issue.

SUMMARY:

A report was presented to the Corporate and Customer Services Committee at its meeting held on 17 March 2003 recommending the demolition of the shop and house at 90 Cambridge Street, West Leederville. That report highlighted the poor condition of the premises confirmed in the structural report prepared by Engineering firm Pritchard Francis Associates.

During discussions at that meeting, Members were not prepared to support the demolition of the building at this stage and agreed that advice be obtained from a Heritage Architect on the viability of retaining the building and a report be submitted to Council as soon as possible. The Council’s decision of 25 March 2003 supports this course of action.

In accordance with Council’s decision, Mr Ronald Bodycoat, Heritage Architect was appointed to undertake a heritage assessment of the shop and house at 90 Cambridge Street, West Leederville. A copy of his assessment is enclosed as an attachment to the report.

After completing his assessment, Mr Bodycoat recommended that both the shop and house be demolished to allow consolidation and development of the surrounding open space as a landscaped park for community use as a consequence of the substantial changes made to the architectural character and presentation of the place, the present poor condition of the fabric, and the high cost to repair, refurbish and adapt for appropriate use.

It is therefore recommended that the building be demolished and the land be included in the public park and utilised for the purpose for which it was originally acquired.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 125 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

ADMINISTRATION RECOMMENDATION:

Moved by Cr McAullay, seconded by Cr Barlow

That:-

(i) the demolition of the Council owned shop and house at 90 Cambridge Street, West Leederville and the inclusion of the vacant land into the adjacent public park be approved;

(ii) an amount of $9,700 required to complete the demolition and reinstatement of the site into adjacent park lands, be included in the 2003/04 Budget.

Committee Meeting 14 July 2003

During discussion, Members noted the significance of the building to the West Leederville area and suggested that the site should be acknowledged in perpetuity through the installation of some form of monument or plaque, similar to those comprising the Floreat Lions Heritage Trail.

Amendment

Moved by Cr Barlow, seconded by Cr McAullay

That a further clause be added to the motion as follows:-

• the Council acknowledges the significance of the building to the history of West Leederville through the installation of an information monument or plaque on the site.

Carried

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That:-

(i) the demolition of the Council owned shop and house at 90 Cambridge Street, West Leederville and the inclusion of the vacant land into the adjacent public park be approved;

(ii) an amount of $9,700 required to complete the demolition and reinstatement of the site into adjacent park lands, be included in the 2003/04 Budget;

(iii) the Council acknowledges the significance of the building to the history of West Leederville through the installation of an information monument or plaque on the site.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 126 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

CCS03.80

PLAN OF PRINCIPAL ACTIVITIES: 2003 - 2008 (File Reference: ADM0115)

PURPOSE OF THE REPORT:

To consider and adopt the Plan of Principal Activities for the period 2003 to 2008.

BACKGROUND:

Section 5.56 of the Local Government Act 1995 requires Councils to prepare a Plan of Principal Activities for the next four or more financial years. The Plan requires a review once in every year and the reviewed Plan must be advertised for a six-week public comment period prior to adoption.

The Town’s Plan was advertised in the West Australian Newspaper on 31 May 2003, the Western Suburbs Weekly newspaper on 3 June 2003 and the Post Newspaper on 7 June 2003 calling for public submissions by Monday 14 July 2003. Copies of the plan were available at the following locations:

• Council Administration/Civic Centre, 1 Bold Park Drive, Floreat • Cambridge Library, 99 The Boulevard, Floreat • Wembley Community Centre, 40 Alexander Street, Wembley • Bold Park Aquatic Centre, The Boulevard, City Beach

The Plan was also available for access via the Town’s Website.

The advertising period closes on 14 July 2003, the day of the Corporate and Customer Services Committee meeting. Any submissions received prior to the Committee meeting will be tabled at the meeting.

The Local Government Act includes the following provisions in relation to the Plan of Principal Activities:-

Section 5.52 Definition of Principal Activity

In this Division – “principal activity” includes:-

(a) a major capital works project to be undertaken by the local government;

(b) a major service to be provided by the local government;

(d) major land transactions and major trading undertakings within the meaning of Section 3.59: and

(e) such other matters as may be prescribed.

Section 5.56 Planning Principal Activity

(1) Each financial year, a local government is to prepare a Plan for the next four or more financial years.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 127 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

(2) the Plan is to contain details of:-

(a) the principal activities that are proposed to be commenced or to be continued in each financial year affected by the Plan;

(b) the objectives of each principal activity;

(d) how the local government proposes to assess its performance in relation to each principal activity;

(e) the estimated income and expenditure for each financial year affected by the Plan; and

(f) such other matters as may be prescribed.

Section 5.57 Notice of Proposed Plans for Principal Activities

(1) after preparing a Plan under Section 5.56, the local government is to:-

(a) give local public notice in accordance with subsection (2); and

(b) make available for public inspection, copies of the proposed plan at the local government offices and at each local government library in the district.

(2) The local public notice is to contain:-

(a) notification that a Plan for the local government’s principal activities for the next four or more years has been prepared;

(b) details of where and when the Plan may be inspected; and

(c) an invitation for submissions in relation to the Plan to be made by members of the public within 42 days of the day on which local public notice was first given.

Section 5.58 Acceptance of Plans for Principal Activities

The local government is to consider any submissions received in relation to a Plan prepared under Section 5.56 and may accept the Plan with or without modification.

DETAILS:

The review of last year’s Plan of Principal Activities has resulted in the number of principal activities being reduced from 22 to 21 with nine specific projects and the other 12 being programs undertaken by Council on an annual basis. The plan has been amended by removing the activity for the sale of Jersey Street/Salvado Road land which has now been completed.

The 21 principal activities are detailed below:-

Programs

1. Road Asset Management

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 128 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

2. Sanitation 3. Parks, Reserves and Sports Grounds 4. Ocean Beaches 5. Public Halls and Theatres 6. Wembley Golf Complex 7. Swimming Facilities 8. Library Services 9. Youth and Aged Services 10. Ranger Services 11. Development and Environmental Services 12. Plant and Equipment Replacement

Projects

13. Lake Monger Improvement 14. Underground Power 15. Wembley Town Centre Improvement 16. Coastal Improvement 17. Bold Park Aquatic Centre Development 18. Perry Lakes Stadium Site and Sporting Facilities Development 19. Floreat Sporting Precinct 20. Kalinda Drive/The Boulevard Development 21. Perry Lakes Reserve Improvement

POLICY IMPLICATIONS:

Nil

FINANCIAL IMPLICATIONS:

The Plan of Principal Activities guides the Town in formulating financial strategies for the next five years. The Plan will have a direct impact on the 2003/2004 Budget and will influence budget decisions for future financial periods.

STRATEGIC DIRECTION:

The Plan of Principal Activities provides a link from the Town’s Strategic Plan to the provision of funds in the annual budget to undertake strategies included in the Strategic Plan.

Committee Meeting 14 July 2003

During discussion, the Executive Manager Corporate and Customer Services advised that no submissions had been received regarding the Council’s Plan of Principal Activities 2003 – 2008.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That the Plan of Principal Activities for the period 2003 – 2008, as attached to and forming part of the Notice Paper, be adopted.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 129 COUNCIL 22 JULY2003 MAYOR…………………………………………………………

8. REPORTS FROM DELEGATES: COMMITTEES AND WORKING GROUPS

8.1 Safer WA Western Suburbs Committee

Nothing to report.

9. GENERAL BUSINESS

9.1 Rose Pruning Demonstration

Cr Barlow advised that she had attended the rose pruning demonstration conducted by the Town at the Rose Gardens during the past weekend and wished to compliment Council staff and Floreat Lions on an excellent presentation.

10. CONFIDENTIAL ITEM

CCS03.81 DISABILITY SERVICES ADVISORY COMMITTEE - NOMINATIONS

(Refer Item 13.1)

11. CLOSURE

There being no further business, the Presiding Member thanked those present for their attendance and declared the meeting closed at 7.18 pm.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\D CCS.doc 130 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE

The report of the Development and Environmental Services Committee Meeting held on 15 July 2003 was submitted as under:-

1. DECLARATION OF OPENING

The Presiding Member declared the meeting of the Development and Environmental Services Committee open at 6.03pm.

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

Present : Time of Time of Entering Leaving

Members:

Cr Graham Burkett JP (Presiding Member) 6.03 pm 7.00 pm Cr Kate Barlow (Deputy) 6.03 pm 7.00 pm Cr Ken McAullay 6.05 pm 7.00 pm Cr Hilary Pinerua 6.03 pm 7.00 pm

Observers:

Cr Rod Bradley 6.03 pm 7.00 pm

Officers:

Ian Birch, Executive Manager, Development and Environmental Services Pas Bracone, Manager Planning Services Neil Costello, Manager Policy and Administration

Adjournments: Nil

Time meeting closed: 7.00 pm

APOLOGIES/LEAVE OF ABSENCE

Cr MacRae: Leave of Absence

3. PUBLIC QUESTION TIME

Nil

4. DEPUTATIONS AND PETITIONS

Item DES03.106 - Mr Peters (Neighbour) Item DES03.109 - Mr Robert Coltrona (Applicant)

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 131 COUNCIL 22 JULY2003 MAYOR……………………………………………………

5. CONFIRMATION OF MINUTES

Moved by Cr Pinerua, seconded by Cr McAullay

That the Minutes of the Ordinary meeting of the Development and Environmental Services Committee held on 17 June 2003 as contained in the June Council Notice Paper be confirmed.

Carried

6. DECLARATION OF MEMBERS INTERESTS

Cr Pinerua noted that her residential address is in the same street as the application submitted at Item DES03.106. As no financial interest exists nor a proximity interest as the land is not adjoining, Committee Members agreed a declaration of interest was not required.

7. REPORTS

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 132 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.105

LOT 2 (NO. 5) NEWNHAM STREET, WEST LEEDERVILLE – PROPOSED TWO STOREY RESIDENCE WITH CELLAR AND ATTIC (File Reference: PRO 0164)

PURPOSE OF REPORT:

To determine the application for planning approval.

BACKGROUND:

BA/DA REFERENCE: 141BA - 2003 LANDOWNER: Geoff Baimbridge APPLICANT: Buildwise ZONING: MRS Zoning: Urban Town Planning Scheme No.1: Residential R40

The subject property is located on the corner of Newnham Street and Bernard Street, West Leederville. There is an existing single storey residence at No.5 Newnham Street which would need to be demolished to make way for the proposed dwelling.

POLICY:

− Residential Design Codes of Western Australia (R Codes) − Town of Cambridge Residential Design Guidelines (RDGs)

COMPLIANCE:

Non-compliance Required Proposed Garage Setback from 1.5 metres setback from 1 metre from the garage to Secondary Street the garage to the the secondary street (Clause 3.2.3 of R secondary street (Bernard (Bernard Street) Codes) Street) Building Setbacks from 1.9 metres setback from 1.69 metres from the upper the Side Boundary upper floor lobby wall to the floor lobby wall to the side (Clause 3.3.1 of R side (west) boundary (west) boundary Codes) Town of Cambridge 1.5 metres from the kitchen Nil setback from the kitchen Residential Design wall to side (west) wall to side (west) Guidelines (Clause 6 – boundary boundary Boundary Setbacks) and Building Setbacks from the Boundary (Clause 3.3.1 of R Codes) Visual Privacy 7.5 metres visual setback 2.6 metres visual setback (Clause 3.8.1 of R from upper floor balcony to from upper floor balcony to Codes) side (west) boundary side (west) boundary Outdoor Living Area An Outdoor Living Area to Outdoor Living Area (Clause 3.4.2 of R be provided behind the located within the street Codes) street setback area setback area (Newnham accessible from a habitable Street) room

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 133 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Non-compliance Required Proposed Excavation or Fill Excavation or fill within Fill up to 0.793 metres (Clause 3.6.1 of R three metres of the street within three metres of the Codes) alignment not exceeding street alignment 0.5 metres

DETAILS:

Lot Area: 240 square metres Open Space: 45 percent

The proposal involves the construction of a dwelling which includes a below ground cellar and a ground and upper floor attic level within the roof space.

Delegated Authority

As identified above, the application involves variations to the privacy and building setback requirements of the R Codes on the western side. The owners of the adjoining property to the west have raised no objection to these variations. The upper floor balcony does not overlook any openings to habitable rooms or active habitable spaces.

In addition, it is proposed to vary the setback requirement for the garage to 1 metre instead of 1.5 metres from Bernard Street (being the secondary street). The adjoining property to the south (No. 18 Bernard Street) has a carport set back 0.3 metres from the Bernard Street frontage.

Council’s Town Planning Delegations Policy, adopted under Clause 50 of Town Planning Scheme No.1, delegates certain Scheme powers to the Chief Executive Officer as well as the Executive Manager, Development and Environmental Services and Manager Planning Services. These delegations usually apply where the adjoining neighbour has no objection to the variation.

In this particular case, the building setback provisions and the privacy provisions in respect to the adjoining property to the west (right side) are regarded as having been satisfied and therefore, the side setback variations to this boundary for the kitchen wall and the upper floor lobby wall and the privacy setback variation for the upper floor balcony do not require the (elected) Council’s approval and as such are not discussed further in this report.

Furthermore, the variation to the setback of the garage from Bernard Street (secondary street) is regarded as satisfying the performance criteria of the R Codes, as it is not considered to detract from the streetscape or obstruct views of dwellings from the street. The variation to this setback, therefore, does not require the (elected) Council’s approval and as such is not discussed further in this report.

Applicant’s Comments:

The following is an extract from the applicant in relation to this application:-

“The only area available for Outdoor Living other than the front courtyard facing Newnham Street is in the south-west corner of the property. This position will obtain no morning sun, no winter sun and will be exposed to the full afternoon heat of summer. We take this opportunity to point out that the residence has been designed with the Greensmart Principle of maximising living areas to the north to achieve solar efficiency. Please note the north boundary fence is planned to be an open wrought iron type on top of a low retaining wall.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 134 COUNCIL 22 JULY2003 MAYOR……………………………………………………

…Please note amended plan showing reduced height to ground floor slab level. This will reduce the fill required to between 319mm and 793mm.”

COMMENT:

It is not unusual for development on land less than 350 square metres to have variations. This application involves two variations to which Council’s approval is sought. These relate to the Outdoor Living Area and the landfill.

Outdoor Living Area

The requirements relating to Outdoor Living Areas are contained in the Residential Design Codes of WA (R Codes). The R Codes allow Councils the discretion to consider new development that does not comply with the acceptable development standards against the following performance criteria:-

- An outdoor area capable of use in conjunction with a habitable room of the dwelling, and if possible, open to the winter sun.

The Outdoor Living Area for Unit 1 is proposed within the front setback area, open to the northern sun and has direct access from a habitable room (dining room). The proposal, therefore, complies with the performance criteria of the R Codes.

The front fencing will maintain the required visual permeability of 80% in accordance with Council’s Residential Design Guidelines.

Filling

The requirements relating to Excavation or Landfill are contained in the Residential Design Codes of WA (R Codes). The R Codes allow Councils the discretion to consider new development that does not comply with the acceptable development standards against the following performance criteria:-

- Development that retains the visual impression of the natural level of a site, as seen from the street or other public place, or from an adjoining property.

The land slopes upwards from north to south by approximately one metre over the property. The proposal includes cutting into the lot at the rear and filling towards the front. The amount of landfill exceeding 0.5 metres is not substantial occupying the front 3-4 metres of the property and the additional 0.293 metres in height is not excessive.

Because it is proposed to cut as well as fill the site, the variation to the landfill requirement retains the visual impression of the natural levels of the site and therefore complies with the performance criteria of the R Codes.

CONCLUSION:

The Outdoor Living Area within the front setback and the proposed fill within three metres of the street alignment meet the respective Performance Criteria of the R Codes and are supported.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 135 COUNCIL 22 JULY2003 MAYOR……………………………………………………

STRATEGIC DIRECTION:

Consideration of this application is consistent with the Town’s Strategic Plan for the provision of orderly planning to enhance the Town’s natural and built environment through effective and responsible use of the Town Planning Scheme.

FINANCIAL IMPLICATIONS:

Nil.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That, in accordance with Part 4 of the Town of Cambridge Town Planning Scheme No. 1, Council APPROVES the application submitted by Buildwise as shown on amended plans dated 20 June 2003, for a two storey dwelling with cellar and loft at Lot 2 (No. 5) Newnham Street, West Leederville, noting variations to:-

• Outdoor Living Area within the front setback;

• filling of land more than 0.5 metres within three metres of the street setback.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 136 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.106

LOT 41 (NO. 6) BOURNVILLE STREET, FLOREAT - PROPOSED SINGLE STOREY RESIDENCE (File Reference: PRO 0375)

PURPOSE OF REPORT:

To determine the application for building approval seeking variations to the requirements of Town Planning Scheme No. 1.

BACKGROUND:

BA/DA REFERENCE: 293BA-2003 LANDOWNER: K and M Johnson APPLICANT: Beaumonde Homes ZONING: MRS Zoning: Urban Town Planning Scheme No.1: Residential R12.5 POLICY:

− Residential Design Codes of Western Australia (R Codes) − Town of Cambridge Residential Design Guidelines (RDGs)

COMPLIANCE:

Non-Compliance Required Provided Ground floor Side 1.5 metres from left/west 1.0 metre from left/west side Setback side boundary boundary

4.5 metres from right/east Nil metres from right/east side boundary side boundary to garage, 1.198 metres to house. Privacy provisions 4.5 metres required from 1.49 metres provided. Bedroom 3 window to the eastern side boundary.

7.5 metres required from the 1.586 metres provided. alfresco area to the eastern side boundary.

DETAILS:

Lot Area: 736 square metres (original lot size) Open Space: 59 percent

Approval is sought for the construction of a single storey residence at Lot 41 (No. 6) Bournville Street, Floreat.

The proposed dwelling has a double garage, store, kitchen, living, dining and four bedrooms with associated bathrooms and ensuites. An alfresco area to the rear of the dwelling under the main roof of the house is included.

The subject site is located on the north side of Bournville Street with public open space (Crosby Park) to the rear of the site.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 137 COUNCIL 22 JULY2003 MAYOR……………………………………………………

The application has a side setback variation to the western boundary with a setback of 1.5 metres being required. A small portion of wall to the ensuite is set back at 1.0 metre from the side boundary. The adjoining neighbours to the west were contacted regarding this variation and did not make a submission objecting to the proposal during the advertising period.

There is a parapet wall to the garage proposed on the eastern side boundary. In addition, due to the length and height of the wall for the house (up to 4 metres high from natural ground level), the required setback on this side is 4.5 metres. Apart from the parapet wall to the garage, the dwelling is set back 1.198 metres at its closest point from the side boundary. However, it is noted that the walls of the dwelling do not run parallel to the side boundary and the majority of the building is set back at least 1.5 metres from the side boundary.

In addition, because of the fall of the land the rear of the building is proposed on a brick build up. This means that Bedroom 3 and part of the rear alfresco area have a floor level higher than 500mm above natural ground level and have the potential to overlook the property to the east.

Neighbour’s Comment

The adjoining landowners to the east and west (No. 4 and 8 Bournville Street) were contacted for their comments on the proposed variations to the setback and privacy provisions of the R Codes. As previously noted, the adjoining landowner to the west (No. 8 Bournville Street) has not provided any comment. The adjoining landowner to the east (No. 4 Bournville Street) has provided the following comments:-

Object to the proposed parapet wall up to the common boundary because of:-

1. Blockage of sunlight to major openings to habitable areas. 2. Blockage to sunlight to outdoor living areas. 3. Has a significant adverse impact on the amenity of my property – all views and sea breezes from west facing windows will be blocked. 4. Devalues my property. 5. At no stage have I been consulted as to the finish of the wall or access for construction of the wall. 6. The owners claim that the main reason for the wall was to block noise from Selby Street. Given that there are 2 houses between Selby Street and the proposed construction, I question the validity of their statement. I cannot see what additional benefit such a wall would give and given the relatively long distance between the proposed construction and Selby Street and given that there are two brick and tile houses attenuating the noise at present. As a long term resident (greater than 50 years) I do not experience any major noise annoyance from Selby Street.

Applicant’s Response To Submission Comments

1. With regard to points 1 and 2 of the neighbour’s letter, the floor level of the house at No. 4 is RL 10.39 which is 0.52 metres above our proposed floor level. The overshadowing that will take place will be more of an advantage, given that it will provide some shade from the afternoon sun. In terms of impact, the closest part of the neighbours residence is approximately 3.0 metres from the boundary, the rest of the building setback increases towards the rear as the two buildings taper away from one another.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 138 COUNCIL 22 JULY2003 MAYOR……………………………………………………

2. In regard to point 3, there is an existing residence at No. 6 at present. Therefore any impact on the amenity would already be in existence. In terms of loss of view, each house in the street would have some restriction in view, and it is felt that the loss in view would be minimal given that the proposed residence is single storey only.

3. With regard to point 4, the value of a property has many components, to suggest that a parapet wall will have a detrimental effect on the value of an adjacent property would need to be backed up with previous examples in the area where a parapet wall has had a negative effect.

4. With regard to point 5, the parapet wall will be left in a finished state with rolled/raked mortar joints to match the rest of the proposed residence as required by Council.

5. With regard to point 6, the main reason given by our client for the parapet wall on the boundary was to ensure that doors could be opened for two vehicles in the ‘garage’ without causing damage to either vehicle.

COMMENT:

Side setback

The requirements relating to building setbacks are contained in the Residential Design Codes of WA (R Codes). The R Codes allow Councils the discretion to consider new development that does not comply with the acceptable development standards, against the following performance criteria:-

Buildings set back from boundaries other than street boundaries so as to:-

− Provide adequate direct sun and ventilation to the building;

− Ensure adequate direct sun and ventilation being available to adjoining properties;

− Provide adequate direct sun to the building and appurtenant open spaces;

− Assist with the protection of access to direct sun for adjoining properties;

− Assist in ameliorating the impacts of building bulk on adjoining properties; and

− Assist in protecting privacy between adjoining properties.

The proposed parapet wall to the garage is 3 metres high and 7.84 metres long as it incorporates a store at the rear of the garage. The wall runs along the boundary directly opposite two major openings on the existing house to the east being windows to the living room and kitchen. The separation between the two buildings on the two properties will be 3.3 metres at the closest point.

Given the proximity of the main living areas to the parapet wall, it is considered that the proposed development does have an impact on the adjoining property, in terms of effect on sun and ventilation into the adjoining property and in terms of the impact of building bulk. There is an opportunity for the eastern wall of the garage to run parallel to the proposed house rather than the boundary (ie making a rectangular garage) which would provide a greater setback of 1.0 metre from the side boundary at the front corner of the garage. Although, because of the angle of the boundary, the garage/store would have still have a nil setback to the boundary at its rear corner, the house on the adjoining property is

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 139 COUNCIL 22 JULY2003 MAYOR……………………………………………………

approximately 6 metres from the boundary at this point which would adequate light and ventilation to its kitchen window. Further, by setting the wall away from the boundary at the front of the garage, there is an opportunity for the bulk of the wall to be reduced by providing some landscaping between the wall and the boundary. It is also noted that this is a new dwelling on a relatively large site. There is scope to achieve the double garage while modifying the design of the parapet to reduce the impact on the adjoining property.

Having regard to above comments, the variation to the side setback requirement for the proposed dwelling is not supported and it is recommended that the plan be revised to provide a rectangular garage with a minimum setback of 1.0 metre at the front corner of the garage and a nil setback at the rear corner of the garage.

Privacy provisions

Due to the fall of the land and the brick build up to the rear part of the house, bedroom 3 and the side of the alfresco area do have a floor level 500mm above natural ground level. However, as these variations are not likely to result in potential for overlooking to any large degree, as well as the verbal comments from the neighbour that there is no objection to these, it is recommended that these variations be supported. Other windows are to rooms with floor levels less than 500mm from natural ground level or are an adequate distance from boundaries and therefore do not affect privacy.

STRATEGIC DIRECTIONS:

FINANCIAL IMPLICATIONS:

Nil.

CONCLUSION:

Overall, the proposed dwelling is an appropriate development within the Bournville Street streetscape and it is recommended that approval be granted. One aspect of the proposal which requires modification is the parapet wall to the garage on the eastern side.

It is considered that a revision to the plan to increase the setback to the garage by ‘squaring up’ the garage and providing a setback of 1.1 metres at the front corner of the garage and nil metres at the rear of the garage will meet the performance criteria of the Residential Design Codes as far as impact on adjoining properties is concerned.

ADMINISTRATION RECOMMENDATION:

That:-

(i) the applicant be advised that Council is NOT PREPARED TO APPROVE the application submitted by Beaumonde Homes for a single storey residence at Lot 41 (No. 6) Bournville Street, Floreat as shown on the plans dated 28 May 2003, in its present form, for the following reasons:-

• non-compliance with Clause 3.3.1 of the Residential Design Codes relating to building setbacks from the side (east) boundary;

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 140 COUNCIL 22 JULY2003 MAYOR……………………………………………………

(ii) the Council would be prepared to give favourable consideration to amended plans incorporating the following modifications:- • the garage/store to the proposed residence being set back 1.0 metre from the side (east) boundary at its front right hand corner and nil metres at its rear right hand corner;

(iii) in accordance with Part 4 of the Town of Cambridge Town Planning Scheme No. 1, Council authorises the Chief Executive Officer to APPROVE the application for a single storey residence at Lot 41 (No. 6) Bournville Street, Floreat subject to the plans being amended in accordance with the change referred to in (ii) above.

Committee Meeting 15 July 2003

Mr Peters, son of the owner of the property to the east of the proposed development, addressed the meeting in relation to this matter.

Members noted that as a new development is proposed, the application should comply with both setback and privacy provisions. It was also noted that the proposed development is a single rather than double storey residence. Members initially agreed that the recommendation not be supported, however, following further discussion, the Administration was requested to investigate and report to the July Council meeting on issues relating to setback and overlooking from the eastern side of the property. It was agreed that the matter be submitted to Council for consideration.

Council Meeting 22 July 2003

At the Development and Environmental Services Committee held on 15 July 2003, the Administration was requested to provide additional information in relation to this matter, however, Members were advised that all efforts to contact the applicant have been unsuccessful. In considering this item, Council can choose to refuse the application, approve the application without consideration of the additional information sought, or refer the matter back to the Development and Environmental Services Committee for further consideration.

COUNCIL DECISION:

Moved by Cr Pinerua, seconded by Cr Burkett

That the item relating to Lot 41 (No. 6) Bournville Street, Floreat be referred back to the Development and Environmental Services Committee.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 141 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.107

LOT 65 (NO. 5) DILKARA WAY, CITY BEACH – PROPOSED ADDITIONS AND ALTERATIONS INCLUDING FRONT WALL (File Reference: PRO 1256)

PURPOSE OF REPORT:

To determine the application for preliminary building approval seeking variations to the requirements of Town Planning Scheme No. 1.

BACKGROUND:

BA/DA REFERENCE: 357BA-2003 LANDOWNER: Mr H and Mrs E Quail APPLICANT: Iredale Pedersen Hook Architects ZONING: MRS Zoning: Urban Town Planning Scheme No.1: Residential R20

POLICY:

− Town of Cambridge Residential Design Guidelines (RDGs) − Residential Design Codes of Western Australia (R Codes)

COMPLIANCE:

Non-compliance Acceptable Development Proposed Standard Permeability of fencing Maximum 20 percent solid Approximately 63 in front setback area above 750 mm (7.5 square percent solid above 750 (RDGs) metres) mm (approximately 23.6 square metres)

Sightlines at vehicle Fences truncated or reduced to 1.8 metre high solid access points no higher than 0.75 metres fence along the southern (R Codes) within 1.5 metres of where side of the driveway for a fences adjoin vehicle access distance of 3.65 metres points where a driveway meets from the front boundary a public street

Paving in front setback Maximum 40 percent hard 73 percent hard area (RDGs) impermeable paving paving/concrete

Visual Privacy (R Minimum 7.5 metre setback 3.5 metre setback from Codes) from an unscreened the unscreened deck to balcony/deck to a common the left/southern side boundary boundary

4.5 metres setback from the unscreened deck to the right/northern side boundary

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 142 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Delegated Authority:

As identified above, the application involves variations to the visual privacy requirements of the R Codes. The owners of the adjoining properties to the left/south (No. 3 Dilkara Way) and right/north (No. 7 Dilkara Way) have viewed the plans and offered no objections to the proposed development.

In this particular case, the above provisions in respect to the adjoining properties to the left/south and right/north are regarded as having been satisfied and therefore, the visual privacy variations do not require the Elected Members’ approval and therefore are not discussed further in this report.

DETAILS:

Lot Area: 796 square metres Open Space: 66 percent

The applicant has submitted an application seeking approval for additions and alterations to the existing split level dwelling at the above address. The scope of works includes extending the upper floor family room and adding two new upper floor balconies at the rear of the dwelling, new fencing, paving and landscaping in the front setback area to create a new outdoor living area, re-roofing the dwelling, and a new feature wall adjacent to the existing pool at the rear of the property.

There are existing solid walls along the side boundaries in the front setback area of the property, and no fence along the front boundary. There is also existing landscaping between the dwelling and the front boundary. Council approval is sought to vary the amount of solid fencing and paving permissible in the front setback area.

COMMENT:

Fencing in Front Setback Area and Sightlines at Vehicle Access Points

Compliance standards under the Residential Design Guidelines state that:-

5.7.5 A minimum of 80% of the area of any wall or fence within the primary street setback area and more than 750 millimetres above natural ground level shall be visually permeable.

The maximum amount of solid fencing permitted within the front setback equates to 7.5 square metres. The amount proposed in this application is approximately 23.6 square metres. This includes the existing 1.8 metre high solid wall along the right/northern boundary which is in the front setback area. It also includes an existing solid wall along the left/southern boundary that ranges in height from 0.6 metres at the front boundary to 2.26 metres 7.5 metres away from the front boundary, which is proposed to be increased to a height of 1.8 metres at the front boundary.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 143 COUNCIL 22 JULY2003 MAYOR……………………………………………………

When an application does not meet compliance standards relating to fencing in the front setback area under the Residential Design Guidelines, it is assessed under the performance criteria as follows:-

(a) front fences consistent with the existing streetscape character; and

(b) front fences necessary to ensure:- − visual privacy for a sole or main living areas; or − protection from traffic noise on district distributor roads or vehicle headlights emanating from a public street.

The new 1.8 metre high wall along the front boundary will comprise predominantly of “breeze bricks” above a solid wall with a maximum height of 0.6 metres, which will allow views of the property from the street. It is noted that the floor level of the dwelling is lower than the road level of Dilkara Way and therefore views to the property will be primarily of the new roof of the dwelling. Two solid portions are proposed in the front wall, in order to provide a degree of privacy to the two openings of the dwelling beyond. A 1.8 metre high solid feature block wall is proposed along the southern side of the existing driveway for a distance of 3.65 metres from the front boundary.

There are a number of nearby properties in Dilkara Way that have medium to high solid walls along the front and side boundaries and therefore the proposed wall will not have a significant detrimental impact on the streetscape. Further, solid walls exist along the side boundaries of the subject site that are proposed to be retained.

It should be noted, however, that the proposed 1.8 metre high solid feature block wall along the southern side of the driveway will not provide adequate sightlines where the driveway meets the front boundary. In order to provide adequate sightlines and to increase the permeability of the proposed fencing, it is recommended that this wall be redesigned to incorporate open blockwork above a low solid wall, similar to the proposed front wall. Whilst this solid wall is proposed to provide some privacy to the dwelling and the new paved area in front of the dwelling, the proposed area of landscaping and lower level of the dwelling compared with the street should provide sufficient privacy for the new outdoor living area.

Overall, subject to the wall adjacent to the driveway being modified, it is considered that the proposed fence will not unduly compromise the streetscape and sufficient grounds exist to support the variation.

Paving in the Front Setback Area

Compliance standards under the Residential Design Guidelines state that:-

5.9.1 A maximum of 40% of the primary setback area may be developed with hard, impermeable paving.

The maximum amount of paving permitted within the front setback equates to 62.52 square metres. The amount proposed in this application is approximately 113.7 square metres (73 percent). This includes the existing 5.98 metre wide driveway in the front setback area.

When an application does not meet compliance standards relating to paving in the front setback area under the Residential Design Guidelines, it is assessed under the performance criteria as follows:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 144 COUNCIL 22 JULY2003 MAYOR……………………………………………………

(a) The street setback area developed and planted to present a substantially “green” appearance, allowing views to the dwellings; and

(b) Development which minimises impact on the natural topography of the locality and conserves significant landscape elements, including indigenous trees.

It is considered that sufficient grounds exist to support the variation in this instance. An area of landscaping is proposed directly adjacent to the front boundary, and therefore the property will present a ‘green’ appearance to the street. The new paved area is proposed to be located in front of the dwelling but behind the proposed area of landscaping. As the level of the new paved area is proposed to be 0.9 metres lower than the adjacent road level it will be difficult to see the new paved area from the street as it will be screened by the proposed front fence and landscaping.

In view of these comments, it is considered that the amount of paving in the front setback area can be supported.

STRATEGIC DIRECTION:

FINANCIAL IMPLICATIONS:

Nil.

CONCLUSION:

In view of the above comments, the application for new fencing and paving in the front setback area can be supported in this instance, subject to the portion of the wall on the southern side of the driveway being modified to incorporate open blockwork.

As the residence is located below the street level, the roof presents a predominant image to the street. In the application it is indicated that the new roof will be ‘custom orb, colorbond’ and that it will not be zincalume or white. To ensure that this will be the case, a condition requiring compliance with the solar reflectivity requirements of Local Law 43 should be applied.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That in accordance with the provisions of Part 4 of the Town of Cambridge Town Planning Scheme No.1, Council APPROVES the application for additions and alterations submitted by Iredale Pedersen Hook Architects at Lot 65 (No. 5) Dilkara Way, City Beach noting variations to:-

− visual permeability of fencing in the front setback area; − paving in the front setback area; and − visual privacy, as shown on plans dated 9 June 2003 subject to the following conditions:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 145 COUNCIL 22 JULY2003 MAYOR……………………………………………………

(i) the proposed 3.65 metre long wall adjacent to the southern side of the existing driveway shall be modified to incorporate open blockwork above a solid wall no greater than 750 millimetres in height to match the proposed fencing along the front boundary and ensure adequate sightlines are maintained;

(ii) the colour of the new roof shall not exceed a solar reflectivity index of 40 percent.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 146 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.108

LOT 184 (NO. 313) SALVADO ROAD, FLOREAT – PROPOSED ADDITIONS AND ALTERATIONS (File Reference: PRO 1681)

PURPOSE OF REPORT:

To determine the application for building approval seeking variations to the requirements of Town Planning Scheme No. 1.

BACKGROUND:

BA/DA Reference: 388BA-2003 LANDOWNER: Mr D and Mrs C McBain APPLICANT: Colourtone Building Maintenance ZONING: MRS Zoning: Urban Town Planning Scheme No. 1: Residential R12.5

POLICY:

− Residential Design Codes of Western Australia (R Codes) − Town of Cambridge Residential Design Guidelines (RDGs)

COMPLIANCE:

Acceptable Development Provided Requirement Carport Front 3.0 metres minimum 2.14 metres Setback (RDGs)

Carport Side Setback 1.0 metre minimum 0.41 metres (right/west) (R Codes)

Delegated Authority:

As identified above, the application involves a variation to the side setback requirement of the R Codes. The adjoining neighbour to the right/west has viewed the plans and offered no objections to the proposed development.

In this particular case, the above provisions in respect to the adjoining property to the west/right are regarded as having been satisfied and therefore, the side setback variation to the west/right side boundary does not require the Elected Members’ approval.

DETAILS:

Lot area: 1055 square metres Open space: 77 percent

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 147 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Approval is sought for additions and alterations at Lot 184 (No. 313) Salvado Road, Floreat. The scope of the works includes:-

− a new double carport in front of the dwelling; − a new alfresco area at the rear of the dwelling; and − a new brick dividing wall ranging in height from 2.0 metres to 2.51 metres along a portion of the left/eastern side boundary.

The applicant seeks the Council’s approval to vary the front setback requirement for carports of the Town of Cambridge Residential Design Guidelines.

The proposed alfresco area is at ground level and complies with the relevant requirements and is therefore not discussed further in this report. The high brick wall along a portion of the left/eastern side boundary is proposed in order to provide privacy to the dwelling from the new dwelling that is under construction on the adjoining lot to the left/east, and has been approved by the adjoining neighbour. A condition of approval can be included to ensure that the wall is built wholly within the boundary of the subject site.

COMMENT:

Primary Street Setback

Clause 5.5.2(b) of the Town’s Residential Design Guidelines requires a minimum setback of 3.0 metres from a front boundary to carports that are closer than 1.5 metres to the dwelling. The carport is proposed to be located 0.3 metres from the dwelling and 2.14 metres from the front boundary.

Variations to the front setback requirements of the RDGs may be approved by the Council, where the following performance criteria are met:-

(a) the setback is compatible with the established line and pattern of setbacks in the street; and

(b) a reduction in the setback would not adversely impact on the pattern of development in the street because of the position, shape or topography of the lot.

The carport is proposed to be 6.5 metres long and 6.0 metres wide and have a tiled roof, which will match the pitch of the roof of the dwelling which is also tiled. The carport is proposed to be located on the western/right side of the property, between the dwelling and the front boundary. The carport will be located in front of the existing single undercroft garage of the dwelling and will therefore not obstruct views from the dwelling to the street and vice versa. The carport will be located on the lower side of the lot, ensuring that the dwelling remains a dominant element in the streetscape. Access to the carport will be via the existing crossover and driveway to the garage which is proposed to be widened to accommodate the double carport. The proposed carport will replace an existing single flat roofed carport attached to the dwelling.

There are a number of properties in the surrounding area, where carports have been constructed in the front setback area. This is particularly the case in the adjacent Residential R15 area of Floreat where duplexes were previously allowed. Examples of double carports in the front setback area can be seen at Nos. 301, 303, 304, 305 and 310 Salvado Road.

In view of the above comments, it is considered that the proposed front setback of the carport meets the performance criteria of the R Codes and is therefore supported.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 148 COUNCIL 22 JULY2003 MAYOR……………………………………………………

STRATEGIC DIRECTION:

FINANCIAL IMPLICATIONS:

Nil.

CONCLUSION:

It is considered the proposed carport adequately meets the performance criteria for variations to the front setback requirement. The variation is considered to be minor and compatible with the established setback in the street. The existing dwelling is retained. Further, the position of the carport, on the lower side of the lot in front of an existing undercroft garage, will ensure that the carport will not obstruct views to the dwelling from the street and vice versa. A condition of approval should be included to ensure that the carport remains open on all sides and that no solid doors are affixed to the carport, and that the new wall along a portion of the left/eastern side boundary is constructed wholly within the boundary of the subject site.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That, in accordance with Part 4 of the Town of Cambridge Town Planning Scheme No. 1, Council APPROVES the application submitted by Colourtone Building Maintenance for additions and alterations at Lot 184 (No. 313) Salvado Road, Floreat, as shown on plans dated 30 June 2003 noting variations to:-

• front setback requirement; • side setback requirement; subject to the following conditions:-

(i) the carport shall remain open on all sides. No solid doors of any kind shall be affixed to the carport;

(ii) the dividing wall shall be constructed wholly within the subject site.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 149 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.109

LOT 298 (NO. 40) ORREL AVENUE, FLOREAT – REQUEST FOR A ZINCALUME ROOF FOR A SINGLE-STOREY DWELLING (File Reference: PRO 1641)

PURPOSE OF REPORT:

To determine the application seeking approval for a zincalume roof in the Cambridge Endowment Lands and Limekilns Estate.

BACKGROUND:

BA/DA REFERENCE: 212BA-2003 LANDOWNER: Mr R and Mrs K Coltrona APPLICANT: Manor Home Builders Pty Ltd ZONING: MRS Zoning: Urban Town Planning Scheme No.1: Residential R12.5

BACKGROUND:

On 5 June 2003 a building licence was issued for the construction of a single storey dwelling with a Gull Grey colorbond roof at the subject site. On 30 June 2003, a request from the applicant to amend the building licence to a zincalume roof was received.

POLICY: Local Law 43

COMPLIANCE:

Non-compliance Required Proposed Reflective (ie. zincalume) Not permitted on roofs with Zincalume roof with a pitch roofing – Local Law 43 a pitch greater than 5 of approximately 22 degrees degrees

DETAILS:

Lot Area: 966 square metres

Approval is sought for the installation of zincalume roof sheeting on a single-storey dwelling that has recently been granted a building licence at Lot 298 (No. 40) Orrel Avenue, Floreat.

Applicant’s Grounds For Request:

The owner has submitted correspondence and photographs in support of the request for a zincalume roof. The owner notes that there is vegetation at the rear of the block that would obscure the view of the new roofline to all neighbouring properties to the rear (Chandler Avenue) and that owners of neighbouring properties on Orrel Avenue have offered no objection to the proposed zincalume roof.

Neighbour Comment:

The owner has approached the neighbours at Nos. 38, 42, 47 and 49 Orrel Avenue in relation to the proposed zincalume roof and received signed statements stating no objection to a zincalume roof.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 150 COUNCIL 22 JULY2003 MAYOR……………………………………………………

COMMENT:

Buildings on Endowment Lands and Limekilns Estate (Local Law No.43)

Clause 4(8) of Local Law No. 43 notes:-

All buildings shall be roofed with materials constructed in terracotta concrete, slate, metal or other incombustible material approved by the Council provided that metal roofs, with a pitch of more than five degrees shall not be constructed with metal sheeting having a solar reflectivity index exceeding 40% unless approved by Council.

The proposed development varies from this requirement in that the roof of the dwelling is pitched at greater than five degrees and is proposed to have zincalume sheeting which is deemed to exceed the permitted 40% reflectivity.

Historically, Council has not supported applications for zincalume roofing for housing within the Endowment Lands area, however, at its meeting held on 27 May 2003, Council granted retrospective approval for zincalume roofing at No. 31 Roscommon Road, Floreat. In this particular case, approval was granted as it was considered that, due to the roof pitch being relatively low (approximately 20 degrees) and the house being partially screened by trees, there are no resulting impacts in relation to glare or visual intrusion.

Clause 2B of Local Law No.43 gives the Council general discretion to approve the material (zincalume) if it so decides. The owner has provided photographs taken of the subject site from various angles and neighbouring properties, showing that the visibility of the proposed roof will be reduced by existing vegetation, which will assist in screening the roof.

Notwithstanding the above, and that there are no objections from the owners of neighbouring properties, the approval of the zincalume roof serves to diminish the ability to administer this particular provision of the Local Law, which Council has previously determined as being worthy of retention.

CONCLUSION:

The zincalume roof is contrary to Local Law 43 and support would undermine the provisions of Clause 4(8) of this Local Law. It is therefore recommended that Council not support the proposed zincalume roof.

ADMINISTRATION RECOMMENDATION:

Moved by Cr Pinerua, seconded by Cr Barlow

That in accordance with the provisions of Part 3 of the Local Government Act 1995 and Local Law 43 (Buildings on Endowment Lands and Limekilns Estate), Council REFUSES the application submitted by Manor Home Builders Pty Ltd for a zincalume roof at Lot 298 (No. 40) Orrel Avenue, Floreat for the following reason:-

(i) non-compliance with Clause 4(8) of Local Law 43 (Buildings on Endowment Lands and Limekilns Estate).

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 151 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Committee Meeting 15 July 2003

Mr Robert Coltrona addressed the meeting in relation to this matter. Members agreed that the zincalume roofing issue in this instance is a vexed one, as neighbouring owners had indicated support and the applicant had provided pertinent information regarding energy efficiencies of the proposed roofing material compared to other materials.

Members were prepared to support this application and requested that the Administration provide a further report on issues relating to zincalume roofs and the reflectivity provisions of the Endowment Lands Local Law 43.

The Administration recommendation was then put and lost.

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That in accordance with the provisions of Part 3 of the Local Government Act 1995, Council APPROVES the application submitted by Manor Home Builders Pty Ltd for a new single storey dwelling with a zincalume roof at Lot 298 (No. 40) Orrel Avenue, Floreat, noting the provisions of Clause 4(8) of Local Law 43 which requires specific Council approval for the roof material.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 152 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.110

LOT 495 (NO.88) ESSEX STREET, (CORNER GRANTHAM STREET), WEMBLEY. – PRIMARY AND SECONDARY STREET FENCE (File Reference: PRO1010)

PURPOSE OF REPORT:

To determine the application for building approval seeking variations to the requirements of the Town of Cambridge Town Planning Scheme No. 1.

BACKGROUND:

BA/DA REFERENCE: 314BA 2003 LANDOWNER: M Nunn APPLICANT: M Nunn ZONING: MRS Zoning: Urban Town Planning Scheme No.1: Residential R20

POLICY: Residential Design Guidelines

COMPLIANCE:

Permissible Discretions Permitted as of Right Proposed Primary Street Fencing (RDG) - Height - piers - 2.0 metres - 2.3 metres (max) - Average height - 1.8 metres - 1.91 metres - Visual permeability - 80 per cent open or 5.8 - 14 per cent open or square metres of solid 21.8 square metres fencing of solid fencing

DETAILS:

Lot Area: 645 square metres

Approval is sought to construct a solid boundary fence within the front and secondary street setback areas of the property situated at Lot 495 (No.88) Essex Street, Wembley. The subject lot is located on the south-east corner of the Grantham Street and Essex Street intersection.

The purpose of the fence is to reduce traffic noise from Grantham Street into the house, principally the two bedrooms, lounge room and sleep out. The proposed wall extends across the majority of the Essex Street frontage and also along the length of Grantham Street frontage which is the secondary street frontage. The height of the fence varies from 2.3 metres along the Grantham Street boundary and reduces in height as the ground level of the lot rises up from Grantham Street and the wall extends around the Essex Street frontage. The wall has been designed so that it reduces to 0.75 metres on the southern boundary where the fence abuts the adjoining neighbour’s property and driveway. This has been done to allow adequate sight lines for the neighbours as they exit their property.

The applicant seeks Council approval to vary the requirements for fencing in the primary street setback area.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 153 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Applicants Grounds For Request

The applicant, in support of their application, has submitted substantive information detailing the need for the height and bulk of the fence in order to achieve the desired level of protection from the effects of vehicular noise and emissions.

In part, the applicant states that the fence is necessary for the following reasons:-

“ the reduction of traffic noise is most effective through the construction of a solid barrier, between the source of the noise and the area of reception. Barrier effectiveness is primarily a function of barrier height and the distance from the barrier of the source and reception points. Due to the diffraction of sound waves over a barrier its effectiveness in reducing noise levels is further reduced the further either the source and/or reception points are from it. Effective barrier height is also reduced by the reception and/or source being elevated relative to the barrier.

The house at 88 Essex Street has a floor level 1.0 metre above the road level, reducing the effective height of the fence.

The applicant has then provided a breakdown of indoor noise levels, demonstrating the improvement that can be achieved in reducing noises levels within the house. Different scenarios are explored which identify that because of the elevated floor level of the house above the road, the standard 1.8 metre high fence would not effectively manage the noise levels currently entering the home.

The applicant states “that the variation in height therefore is necessary for the fence to serve any purpose in reducing noise levels”. Further, the submission states “that it is essential to have a solid fence – any permeability for visual purposes would mean the fence would effectively be useless for traffic noise control purposes.”

Visual Impact

“The height of the fence relative to the house is approximately one third of the way up the lounge room window on the Grantham Street side. Given that the house is elevated 1.0 metre from the level of the road, the fence height relative to the house is less than would be the case for a standard 1.8 metre fence with a house at the natural ground level. The fence does not therefore “over-intrude” on the house any more than a “standard” situation.

The design of the fence has been developed to try and minimize the effect of the fence in the streetscape. The piers are to finish level with the top of the fence. Pier spacing extending out from the fence help to “break up” the fence line for visual aesthetics and the fence will be finished in limestone render and the top row of bricks on the fence will match the red brick on the dwelling to help enhance the aesthetics of the fence.”

Additionally, the applicant has provided examples of other fencing with similar dimensions in corner locations as examples of precedent.

Response to Submission

The applicant has provided detailed calculations of noise levels using standard traffic noise models in support of the request. The veracity of the argument made in support of the variation to wall height and fence permeability to attenuate noise intrusion into the dwelling and is supported.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 154 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Similarly, the comments of the applicant in regard to the visual appearance of the fence and compatibility with the streetscape are acknowledged and supported.

COMMENT:

Fencing

The application proposes two variations to the requirements of the Residential Design Guidelines, being;

Clause 5.7.4 No fence or wall (other than a carport or garage wall) within the primary street setback or abutting a secondary street area shall have an average height of greater than 1.8 metres above natural ground level, including the height of any retaining wall below it, excepting piers which may not exceed 2 metres. Only fencing above 1.5 metres in height shall be included in calculations of the average height.

Clause 5.7.5 A minimum of 80% of the area of any wall or fence within the primary street setback area and more than 750 millimetres above natural ground level shall be visually permeable.

Clause 5.7.7 Fences or walls on secondary street frontages within 6 metres of the primary street boundary shall be constructed in accordance with clause 5.7.5

As set out in the compliance table, the total amount of solid fencing permitted in this instance equates to approximately 5.8 square metres, the amount proposed totals approximately 21.8 square metres, meaning there is an additional 16 square metres of solid fencing proposed.

When an application does not meet compliance standards under the Residential Guidelines, it is assessed under the performance criteria as follows:-

(a) Front fences consistent with the existing streetscape character and (b) Front fences necessary to ensure:- - visual privacy for a sole or main living areas - protection from traffic noise on district distributor roads or vehicle headlights emanating from a public street.

In this case, it is considered sufficient grounds exist to support the variation. The property is located on Grantham Street which is classified as a District Distributor Road and carries significant volumes of traffic. The property is undoubtedly affected by traffic accessing Grantham Street and vehicles entering into Essex Street. The wall will afford a level of privacy and protection from the effects of this traffic.

The applicant has provided substantive arguments behind the necessity for the wall in its proposed configuration. While the information provided has not been “proved” by way of independent assessment or measurement, the information and reasoning behind the details given are considered reasonable and appropriate.

In regard to the effect on the streetscape, the applicants comments concerning the differences in levels between the dwelling and the road are noted and this should ensure that the home is not totally obscured by the fence when viewed from the street. The façade of the home will also remain partially visible when viewed from Essex Street by virtue of the fence stepping down (to 0.75 metres in height) where it abuts the southern boundary of the lot.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 155 COUNCIL 22 JULY2003 MAYOR……………………………………………………

The design of the fence will mean that while the façade of the dwelling will be obscured to traffic entering into Essex Street from Grantham Street, there will be some aspect visible to Essex Street in addition to the portion of the dwelling that remains visible over the top of the fence.

Other mitigating factors in supporting the application are the presence of a bus stop outside the property on Grantham Street and also that there is an existing solid fence that runs down the Grantham Street side of the property. While that fence appears as being structurally sound at present and generally accords with the standard 1.8 metre height, it is constructed from pressed fibre cement (or asbestos) and adds little aesthetically to the locality. The new fence as proposed will undoubtedly provide a much higher standard of fencing and will enhance the aspect of the property as viewed from Grantham Street and afford greater privacy to the dwelling and yard areas. The proposed fence will also serve to assist in screening vehicle headlights from shining into the property as vehicles enter Essex Street from heading east along Grantham Street.

Having regard to the above matters, it is considered that sufficient grounds exist for Council to exercise discretion and approve the variations to the fence height and requirements for visual permeability.

STRATEGIC DIRECTION:

FINANCIAL IMPLICATIONS:

Nil.

CONCLUSION:

It is considered that the proposed wall meets the performance criteria of the Guidelines that will permit Council to exercise its discretion and approve the variation.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That in accordance with the provisions of Part 4 of the Town of Cambridge Town Planning Scheme No.1, Council APPROVES the application for boundary fences, submitted by M Nunn at Lot 495 (No.88) Essex Street (Corner Grantham Street), Wembley, noting variations to the height and visual permeability of the fence to the Residential Design Guidelines as shown on amended plans dated 1 July 2003.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 156 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.111

LOT 1371 (30) KILKENNY ROAD, FLOREAT – FENCING IN FRONT SETBACK AREA (File Reference: PRO 0709)

PURPOSE OF REPORT:

To determine the application for approval seeking a variation to the requirements of Town Planning Scheme No. 1.

BACKGROUND:

BA/DA REFERENCE: 114GA-2003 LANDOWNER: Alan and Barbara Tate APPLICANT: Alan and Barbara Tate ZONING: MRS Zoning: Urban Town Planning Scheme No.1: Residential R12.5

POLICY:

− Town of Cambridge Residential Design Guidelines (RDGs)

COMPLIANCE:

Permissible Discretion Permitted as of Right Proposed Fencing (RDGs) 20% solid 63% solid amount of solid fencing (7.18 square metres) (22.78 square permitted above 750 mm in the metres) front setback area

DETAILS:

Lot Area: 976 square metres

Approval is sought to continue an existing solid fence around into the primary street front setback area on a corner lot. The applicant seeks to vary the Town’s 80% primary street visual permeability clause under the Residential Design Guidelines with only 36% of the fencing in the front setback area being visually permeable.

STRATEGIC DIRECTION:

FINANCIAL IMPLICATIONS:

Nil.

Applicants Ground For Request

The applicant has requested exemption from the requirement to achieve 80% permeability because:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 157 COUNCIL 22 JULY2003 MAYOR……………………………………………………

“1. the block is on a corner with bedrooms at the front corner and is exposed to headlights when cars turn from Athlone to Kilkenny Road as well as noise; and 2. the streetscape will not be interfered with because: • the proposed wall is more visually permeable than the one on the property opposite (on Kilkenny Road which is fully walled); and • it is proposed that part of the wall closest to the continuation with Kilkenny Road will finish before the driveway and be visually permeable to the house so that for the road side it will be very open. 3. The front part of our property will be used as a primary activity area for our children to play so we would like to have the corner area visually secure for security reasons.”

COMMENT:

FENCING WITHIN THE PRIMARY STREET SETBACK AREA

Amenity

The Residential Design Guidelines Precinct Statement for Floreat states that:-

“Floreat combines the low density and mostly curved streets of the Garden City suburb with generous, mostly single storey houses and long-established, well-treed and maintained gardens running into each other and the street verges.”

The original design concept for Floreat was to be a “Garden Suburb” characterised by expansive lot frontages and deep front setbacks. The restriction of solid structures within the front setback area is one of the fundamental standards of development within the area, which has had a significant impact on its urban form. Floreat incorporates open streetscapes that are well landscaped. The existence of solid fencing in the front setback area would have a negative impact on the streetscape and would not enhance the pedestrian environment.

Few fences within the front setback area exist in the immediate vicinity. The streetscape is predominantly open and green with well landscaped verges and front setback areas. The solid fence does not allow for good sight lines to the house or casual surveillance from the street and has a significant visual impact on the street. The few solid fences that exist in the area were approved prior to the introduction of the Guidelines and are considered to detract from the amenity of the street.

Visual Permeability

Assessment of fencing under the Residential Design Guidelines is based on the total front setback area, which includes the lot frontage and the depth of the primary street setback. The Guidelines allow for 20 per cent of solid fencing up to 1.8 metres within the setback area. Any variations require Council approval.

Compliance standards under the Residential Design Guidelines regarding fencing within the primary street setback state:-

(a) a minimum of 80% of the area of any wall or fence within the primary street setback area and more than 750 mm above natural ground level shall be visually permeable.

When an application does not meet compliance standards under the Residential Guidelines, it is assessed under the performance criteria as follows:-

(a) Front fences consistent with the existing streetscape character and

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 158 COUNCIL 22 JULY2003 MAYOR……………………………………………………

(b) Front fences necessary to ensure:-

• visual privacy for a sole or main living areas • protection from traffic noise on district distributor roads or vehicle headlights emanating from a public street

The subject site already has a solid wall and heavy landscaping along the majority of the secondary street frontage (facing Athlone Road) which continues to the corner of the site. The proposal continues the solid wall around to the front boundary where there are two sections with open infill panels. The wall then becomes solid again to an existing brick hardstand area and proposed gate entry. The proposed front fence is 63% solid within the front setback area, presenting a blank, mainly solid facade on the street boundary.

Privacy

Using solid walls to reduce traffic impacts has generally only been accepted by the Council as an argument for waiving the requirements of the RDG’s on major distributor roads and not on quiet neighbourhood streets. A reasonable level of privacy can be achieved through good design and planting. It is recognised that planting, while possibly taking longer, will more appropriately match the green open streetscapes of Floreat. Planting will help to address visual privacy issues and the issue of headlights from turning cars while satisfying the objectives of the Guidelines

CONCLUSION:

The protection of the open streetscape (garden suburb) image of Floreat is fundamental to maintaining the character of the area. The proposal before Council to enclose 63% of the primary street frontage, in addition to the already enclosed secondary street frontage, will seriously undermine this character. As outlined above, there are no extenuating circumstances to support such a significant variation from the requirements of the Council’s Residential Design Guidelines.

As such, the proposed front fence cannot be supported.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That:-

(i) the applicant be advised that Council is not prepared to approve the application in its present form, for the following reasons:-

• the front fence does not meet the requirements of clause 7.3.5 of the Residential Design Guidelines;

• the fence presents a solid, blank façade to the street, detracting from the open streetscape character of Floreat and is contrary to the garden suburb principles upon which the suburb was founded;

• a proliferation of high front walls results in sterile, uninteresting suburbs and streetscapes, as well as producing a hostile pedestrian environment;

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 159 COUNCIL 22 JULY2003 MAYOR……………………………………………………

• there are no extenuating circumstances in this instance that would support such a substantial variation to the Council’s Residential Design Guidelines.

(ii) the Council would be prepared to give favorable consideration to amended plans incorporating the following modifications:-

• the area of the fence more than 750 mm above natural ground level to be 80% visually permeable in accordance with clause 7.3.5 of the Residential Design Guidelines;

(iii) in accordance with the provisions of Part 4 of the Town of Cambridge Town Planning Scheme No.1, Council authorises the Chief Executive Officer to APPROVE the application for a front fence submitted by Alan and Barbara Tate at Lot 1371 (30) Kilkenny Road, Floreat as shown on plans dated 9 June 2003 subject to the plans being amended in accordance with the changes referred to in (ii) above.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 160 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.112

METROPOLITAN REGION SCHEME AMENDMENT NO. 1065/33 EDITH COWAN UNIVERSITY CAMPUS, CHURCHLANDS (File Reference: PLA 0030)

PURPOSE OF REPORT:

To consider the proposed Metropolitan Region Scheme Amendment (MRS) No 1065/33.

BACKGROUND:

The Western Australian Planning Commission has resolved to amend the MRS to transfer the Edith Cowan University (ECU) land in Churchlands from a reserve for Public Purposes - University to an Urban zone. This would allow the land to be redeveloped for residential uses, which is proposed by the University. ECU has initiated a programme of consolidating its campuses throughout the State, which involves the gradual closure of the Churchlands site. The progressive sale of the Churchlands site will partially fund the redevelopment at the Mt Lawley, Joondalup and Bunbury campuses.

The Council has previously considered matters in relation to the redevelopment of the ECU site, most recently at its meeting held on 24 September 2002. Previous consideration has been in relation to how the site is to be redeveloped. A series of public meetings and reference group meetings were held during 2002 (in which the former Mayor and the Manager Planning Services participated) the outcome from this process was a draft subdivision plan. Issues which arose during the preparation of the draft subdivision related to potential traffic movements from the ECU site into the surrounding locality including parts of "north" Floreat. A further matter raised was the future of the Stephenson Highway reservation which abuts the ECU site along its north-west boundary.

At its meeting held on 24 September 2002, the Council decided as follows:-

That:-

(i) in response to invitations for submissions regarding the proposed redevelopment of the Edith Cowan University site, the ECU development team be advised as follows:-

(a) as previously advised, the proposed redevelopment of the ECU site for residential purposes is supported in principle;

(b) the north/south road connecting Pearson Street with Cromarty Road, with a staggered t-junction within the middle of the site, is not supported, as it is considered that this will establish a district link through to the Floreat Forum and beyond, thereby, feeding traffic through the residential precinct of north Floreat, primarily along the alignment of Kirkdale Avenue. Further, it is Council’s view that connections to the subdivision area should be taken from the established district road network ie Pearson Street and Empire Avenue. Council is opposed to any road connection from the proposed subdivision onto Cromarty Road. Access to the primary school from Cromarty Road should remain as it currently is;

(ii) the ECU development team, as well as the Department of Planning and Infrastructure and the City of Stirling, be advised as follows:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 161 COUNCIL 22 JULY2003 MAYOR……………………………………………………

(a) the creation of a link road connecting Pearson Street with Empire Avenue, along the existing Stephenson Highway Reserve, serving surrounding residential precincts and connecting attractors such as Innaloo and Osborne Park in the north and Floreat Forum and Herdsman Markets in the south, will obviate the need for the construction of Stephenson Highway;

(b) it is envisaged that the internal link road would perform a local distributor function. Regional traffic should continue to use either Hale Road and West Coast Highway or Pearson Street;

(c) the downgrading of the Stephenson Highway Reserve to a single lane each way will greatly enhance links to the proposed ECU development with Newman College and the recently established residential area to the north.

The MRS amendment process is, however, a separate and independent statutory process to lift the existing reserved status over the land so that it can be developed for residential purposes. The purpose of this report is to give consideration to the MRS amendment.

DETAILS:

The amendment proposes the transfer of portions of lots 435, 437, 439, 442, 444 and 500 (bounded by Pearson Street, Cromarty Road, Empire Avenue and the Stephenson Highway Primary Regional Road reservation) Churchlands from the Public Purposes - University reservation to the Urban zone.

The amendment is currently being displayed for public comment and closes on 19 September 2003. An amendment report and plans are available for inspection at various locations including the Town's Administration Centre.

COMMENT:

As noted above the Town has considered the matter of redevelopment of the ECU site and expressed its support for residential development as generally shown in a draft structure plan. The development itself cannot proceed until the City of Stirling has also amended its own local scheme, which is required to be consistent with the proposed MRS amendment. The redevelopment (subdivision) itself requires the approval of the Western Australian Planning Commission.

The proposed MRS amendment is the first phase in the statutory process for the redevelopment to occur. Support of the amendment is recommended and the Town may make a submission as such in the form required. The amendment process will not deal with the details of the redevelopment and therefore, the provision of such comments may be superfluous. It may, however, as part of the Town's submission be reasonable to provide a copy of its previous decisions on the matter by way of background to provide some context on the Council's position on the matter, to highlight issues requiring further consideration.

STRATEGIC DIRECTION:

Consideration of this matter is consistent with the Town’s Strategic Plan for the provision of orderly planning to enhance the Town’s natural and built environment through effective and responsible use of the Town Planning Scheme.

FINANCIAL IMPLICATIONS:

Nil

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 162 COUNCIL 22 JULY2003 MAYOR……………………………………………………

CONCLUSION:

The proposed consolidation of the ECU campuses in Western Australia will result in the eventual closure of the Churchlands campus and its (proposed) redevelopment for residential purposes. To facilitate the redevelopment, the MRS is required to be amended as the first statutory step in the process. It is recommended that the proposed amendment No. 1065/33 to the MRS be supported and that the Town makes a submission accordingly.

ADMINISTRATION RECOMMENDATION:

Moved by Cr McAullay, seconded by Cr Pinerua

That:-

(i) in response to the invitation for submissions on the proposed Metropolitan Region Scheme Amendment No. 1065/33, the Western Australian Planning Commission be advised that the Town of Cambridge supports the proposal;

(ii) in supporting the amendment attention is drawn to matters previously raised by the Town in response to the draft structure plan prepared by Edith Cowan University.

Committee Meeting 15 July 2003

During discussion, Members expressed concern that there should be any suggestion of traffic exiting the proposed subdivision through Cromarty Road and other streets in the north Floreat area.

Amendment

Moved by Cr McAullay, seconded by Cr Pinerua

That Clause (ii) of the motion be amended by the addition of the following words:-

“in particular that there must be no direct vehicular access from the proposed subdivision southwards onto Cromarty Road.”

Carried

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That:-

(ii) in supporting the amendment attention is drawn to matters previously raised by the Town in response to the draft structure plan prepared by Edith Cowan University, in particular that there must be no direct vehicular access from the proposed subdivision southwards onto Cromarty Road.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 163 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.113

PROPOSAL FOR STREET NAME CHANGE – THE BOULEVARD, WEMBLEY (File Reference: PLA0022 / TES0004)

PURPOSE OF REPORT:

To consider renaming of the short section of the Boulevard between Cambridge Street and Salvado Road.

BACKGROUND:

At its meeting of 27 May 2003, the Council considered a report on the proposal to rename the short section of The Boulevard located between Cambridge Street and Salvado Road following a request from two property owners.

At that meeting, the Council decided that:-

(i) the section of The Boulevard, Wembley between Cambridge Street and Salvado Road be renamed;

(ii) the Council write to the eight owners and residents of the properties that abut the section of The Boulevard, Wembley between Cambridge Street and Salvado Road:-

(a) outlining the issues that have been raised in this report and seeking their comments on the proposed renaming of the street;

(b) requesting that they consider the names suggested by the Geographic Names Committee, or put forward their suggestions for an appropriate name;

(c) informing them of the procedure and reasons for renaming streets, in particular, that the approving authority is the Geographic Names Committee of the Department of Lands Administration (after receiving advice from the relevant local authority).

PUBLIC CONSULTATION

On 4 June 2003, letters were sent to the owners of properties that abut the section of The Boulevard, Wembley between Cambridge Street and Salvado Road, requesting that they inform the Town of any objection or support to the proposed street name change; the letter included a copy of the Council Minute.

The following responses were received:-

1. In a letter dated 5 June 2003, Mr C Davies owner of 2A The Boulevard, wrote:-

“Thanks for your letter dated 4 June 2003.

As per my previous correspondence, I am in favour of changing the street name.

I must say I am not that keen on the recommended choice of street names. I would much prefer:

(1) THE BOULEVARD GARDENS (2) BOULEVARD GARDENS

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 164 COUNCIL 22 JULY2003 MAYOR……………………………………………………

I feel these names may not have as much impact on residents that are not in favour of changing the street name.

If it came to the point of choosing a street name from your list I would choose ANGWIN PLACE or STREET

Looking forward to the outcome.”

2. In a letter dated 9 June 2003, Mr and Mrs P Dufty, owners of 1A The Boulevard, wrote:-

“Thank you for your letter of 4th June re proposed name change for the Cambridge- Salvado section of The Boulevard.

We have no desire for the street name to be changed but do understand the case for a change. We encourage the Council to give strong weight to the opinions of the long term residents of this street section.

If there must be a new name, our preference is Boulevard Garden or similar reflecting the relation to The Boulevard and adjacent to the Rose Garden.

If this is not acceptable, then of the names that you suggested following the convention of using the names of state politicians, our preference is Veryard.”

3. In a subsequent letter dated 12 June 2003, Mr C Davies owner of 2A The Boulevard, wrote:-

“Further to my previous correspondence, I must say I do not like the street names suggested to replace The Boulevard. There is a rose garden at the Cambridge Street end of The Boulevard, Wembley.

I feel a name like Rose Garden Avenue or Rose Garden Place would be well received.”

4. In a letter dated 13 June 2003, Mr Z Jafar, owner of 1B The Boulevard wrote:-

“Further to my previous correspondence, I must say I do not like the street names suggested to replace The Boulevard. There is a rose garden at the Cambridge Street end of The Boulevard, Wembley.

I feel a name like Rose Garden Avenue or Rose Garden Place would be well received.”

5. In a letter dated 22 June 2003, Mr and Mrs Elliott, owners of 1 The Boulevard wrote:-

“I am writing this letter on behalf of my family who live at 1 The Boulevard, Wembley, the Anstee-Brook family who own the block of 12 units on the corner of Cambridge Street and The Boulevard and Mrs K Bell who owns and lives in the property on the corner of Cambridge Street The Boulevard.

It is noted that the administration has contacted various people in connection with the proposed name change of the street.

We wish to point out that we have all owned our respective properties for many years and have had no difficulties with the street name.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 165 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Mr and Mrs Dufty, who own the properties at 1A and the corner of Salvado Road and The Boulevard, have also opposed the proposal to change the name of our street. Mr and Mrs Potts do not own property or live in our street.

Mr Jafar bought the two blocks on the eastern corner of Salvado Road and The Boulevard approximately eight weeks ago. Prior to that time he did not have any property interest in our street. We can only assume his inclusion twice on the list circulated by Council is a reference to his ownership of the two blocks of land.

Mr Davies bought the property A2 The Boulevard approximately three months ago and does not reside in our street. Prior to this purchase Mr Davies had no interest in our street.

We do not know who Mr Ng is and there are no other properties in our street, apart from those referred to as owned by the above, we can only assume this name’s inclusion is a mistake.

It is quite clear to us that the only people who have proposed the name change are Mr Jafar and Mr Davies who have only recently bought property in our street and have apparently no intention of residing in our street.

We, the people who reside and have resided and own property in The Boulevard, Wembley do not want the name of our street changed, have not had any difficulties in regard to confusion over the name of our street and oppose the Council’s move to change the name.

Further, we will, as a result of this proposal, be put to considerable inconvenience by this proposal.

We request that the proposal moved by Council on 27 May 2003 be reversed in accordance with our wishes.

This move to change our street name has obviously been initiated without any prior consultation with us who are long term residents and have no difficulties associated with our street name. We can only assume that it has been generated by Mr Jafar and Mr Davies who have recently purchased property in our street as none of the rest of us want the street name to be changed at all let alone to the names proposed in the correspondence sent to us.”

This letter was also signed by Mr Anstee-Brook owner of the strata units at 395 Cambridge Street (corner The Boulevard) and Mrs K Bell, owner of 401 Cambridge Street (corner The Boulevard).

POLICY

The Town does not have a policy as the allocation of street names is administered by the Geographic Names Committee.

RENAMING PROCEDURE

The allocation of street names is administered by the Geographic Names Committee of the Department of Land Information. Prior to considering a submission for a name change, the Geographic Names Committee requires the affected residents to be contacted and given the opportunity to comment.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 166 COUNCIL 22 JULY2003 MAYOR……………………………………………………

The Geographic Names Committee previously suggested that the Town continue with the established principle of naming streets in Wembley after state politicians from the early part of last century. However, there was no strong support for any of these names during the consultation with property owners. All recommended the use of a name that suggested the proximity of this street with the Rose Gardens.

FINANCIAL IMPLICATIONS

The total cost of erecting two new street name signs will be in the order of $350.

STRATEGIC DIRECTION

To ensure that the Town’s risk management strategy includes the necessary systems and programs to monitor and prevent exposure to risk (for both the Town, residents and visitors).

COMMENT:

As previously discussed, this section of The Boulevard is isolated from the longer section of The Boulevard. It is also located in a different suburb, and should be considered as a separate street in its own right.

A change of name is a logical step in establishing a unique identity to this short street, as well as ensuring public safety so that this street, and the individual properties on it, can be identified quickly and easily.

An example of the difficulty that can be experienced by the public is that fact that No 2 The Boulevard is located on the corner of Selby Street, whereas, No 2A The Boulevard is located in the short section of The Boulevard close to Salvado Road.

Should the properties at 395 or 401 Cambridge Street be re-developed at some time in the future, the Residential Planning Codes would permit up to 4 green title lots being created on each existing property. At least 3 of the potential new lots from each existing property would front The Boulevard. However, there are no street numbers available that could be applied to such re-developments, other that the use of alphabetical characters, which would be out of synchronisation with those that already exist in that section of the street.

However, as highlighted above, consultation with the affected residents revealed that:-

• two owners whose properties take an address from this street are in favour of a name change; • one owner whose property takes an address from this street is not in favour of a name change; and • one owner whose property takes an address from this street is not in favour of a name change, but can understand the reasons for a name change.

The two other owners who signed a letter of objection to the proposal have properties that do not take an address from The Boulevard.

CONCLUSION:

The Secretary of the Geographic Names Committee has indicated his full support for the proposal to re-name this street for the reasons outlined in this report, being:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 167 COUNCIL 22 JULY2003 MAYOR……………………………………………………

• the lack of available street numbers for future development, • confusion regarding existing street numbers, • isolation from the longer section of The Boulevard, • location in a different suburb, • a separate street in its own right, • ensuring public safety so that this street, and the individual properties on it, can be identified quickly and easily by emergency services and other service providers.

Whilst noting the objections to any street name change, it is considered that the above mentioned reasons present a compelling argument for the street name change to be implemented.

In keeping with the suggestions for a new name provided by the property owners of this section of The Boulevard, it is recommended that the Council endorse the use of the name “Boulevard Gardens” as the new name of section of The Boulevard, Wembley located between Cambridge Street and Salvado Road; and that the Geographic Names Committee be requested to support the Council’s request for the use of this new name. This is considered to be a reasonable compromise for those who are opposed to this change.

The Secretary of the Geographic Names Committee has indicated his support for the proposed name.

ADMINISTRATION RECOMMENDATION:

Moved by Cr McAullay, seconded by Cr Barlow

That:-

(i) the Council endorses the renaming of section of The Boulevard, Wembley between Cambridge Street and Salvado Road to “Boulevard Gardens”;

(ii) the Council write to the six owners of the properties that abut the section of The Boulevard, Wembley between Cambridge Street and Salvado Road to inform them of the Council’s decision to endorse the re-naming of the section of The Boulevard, Wembley located between Cambridge Street and Salvado Road to Boulevard Gardens;

(iii) the Geographic Names Committee be advised that the Council has notified all affected property owners of the Council’s endorsement for the name “Boulevard Gardens” as the new name for the section of The Boulevard, Wembley between Cambridge Street and Salvado Road.

Committee Meeting 15 July 2003

During discussion, Members acknowledged the benefits associated with the proposed street name change but did not consider these were sufficient to warrant support of the name change proposal.

The Administration recommendation was then put and lost.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 168 COUNCIL 22 JULY2003 MAYOR……………………………………………………

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That no change be made to the naming of the section of The Boulevard, Wembley between Cambridge Street and Salvado Road.

Carried

Cr Burkett left the meeting at 8.04 pm and returned to the meeting at 8.06 pm.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 169 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.114

PROPOSED ADMINISTRATIVE FEES - ACKNOWLEDGEMENT OF UNAUTHORISED BUILDINGS (File Reference: PLA0005)

PURPOSE OF REPORT:

To adopt administrative fees to recover the administrative costs incurred in acknowledging requests for the existence of unauthorised buildings.

BACKGROUND:

Prior to 2002, the Administration received two or three applications per annum from property owners requesting that the Council issue retrospective building licences or acknowledge the existence of unauthorised buildings on residential property.

In more recent times, real estate agents have been exercising greater diligence when selling residential properties by requesting copies of Building Licences for property improvements. This has resulted in an increase in the number of requests for the Council to acknowledge the existence of unauthorised structures or additions to dwellings.

As a result, a considerable amount of administrative and inspectoral time has been expended in responding to these requests.

POLICY:

The Town currently has no policy on this matter as the acknowledgement of unauthorised structures is an administrative procedure.

DETAILS:

Section 374 of the Local Government (Miscellaneous Provisions) Act requires that a Building Licence be obtained before any form of building work is undertaken, and that to construct or alter a building without such approval is an offence. Accordingly, the Council cannot issue retrospective Building Licences; this has been confirmed by previous legal advice.

Section 401 of the Local Government (Miscellaneous Provisions) Act provides that a local government may serve notices to pull down or remove buildings that have been constructed without prior approval. The operative word is may. The Administration’s experience in this issue has demonstrated that there are circumstances where it would not be in the interests of the relevant property owner, or the Council, to attempt to resolve situations involving illegal structures by the issue of notices; particularly where it has been demonstrated that the building complies with the relevant Planning and Building Codes and related standards.

Accordingly, it is proposed that an administrative fee be established to recover the cost of undertaking the necessary processes, assessments and inspections that are required to ensure that an unauthorised structure is of sound construction and that it complies with the relevant planning and building codes and standards, prior to acknowledging the existence of an unauthorised structure.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 170 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Such processes include:-

• Investigations and assessment of the reasons for the unauthorised works; • Compliance assessment of plans and specifications by the Administration; • Requests for, and assessment of, compliance certificates from structural engineers, land surveyors and any other relevant trades or professions (ie electrical, plumbing, etc); • Site inspections; • Administrative support.

Currently, the Council no specific fee for this service. To date, the practice has been to require the submission of a Retrospective Development Application. However, whilst this has been a legally sound practice, it does not recover the administrative costs associated in processing such requests.

For this service:-

• the City of Melville charges the greater of $220 or 120% of the building application fee; • the City of South Perth charges a minimum fee of $154 (excl GST), and • the City of Joondalup charges the applicable building application fee plus an inspection fee of $110 (incl GST).

STRATEGIC DIRECTION:

To ensure that the Town’s risk management strategy includes the necessary systems and programs to monitor and prevent exposure to risk.

FINANCIAL IMPLICATIONS:

In accordance with the ‘User Pays’ principle, the establishment of the proposed administrative fees is intended to recover the administrative costs of providing the service of acknowledging requests for the existence of unauthorised buildings.

LEGAL:

Authority for the recovery of administrative expenses exists in Section 6.16 of the Local Government Act 1995, which permits a local government to impose and recover a fee or charge for any goods or service it provides or proposes to provide.

Section 6.16 (2) (d) of the Act permits a fee or charge to be imposed for receiving an application for approval, granting an approval, making an inspection and issuing a licence, permit, authorisation or certificate.

The Act requires that there be an absolute majority decision in the imposition of such fees.

CONCLUSION:

For the reasons outlined above, it is recommended that the following administrative fees be established for processing requests for the acknowledgement of unauthorised buildings:-

• Minor structures (ie pergolas, patios, sheds, etc..) - $140 (including GST) • Major structures (ie residential additions, alterations, etc) - $275 (including GST)

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 171 COUNCIL 22 JULY2003 MAYOR……………………………………………………

The proposed administrative fees take into account the amount of time that is usually taken in processing requests for the acknowledgement of unauthorised buildings, rather than the imposition of a fee schedule based on what would have been paid if a building application had been submitted for the works. The Administration’s assessment process requires the submission of compliance certificates from structural engineers, land surveyors and any other relevant trades or professions, all of which are at the applicant’s cost.

The proposed administrative fee does not negate the requirement for the submission of a retrospective development application where applicable.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

The in accordance with the provisions of Section 6.16 and having regard to the provisions of Section 6.17 of the Local Government Act 1995 the following administrative fees be approved by an ABSOLUTE MAJORITY and charged for requests for acknowledgement of unauthorised buildings:-

(i) minor structures (pergolas, patios, sheds, etc..) - $140 (including GST);

(ii) major structures (ie residential additions, alterations, etc..) - $275 (including GST).

Carried by an ABSOLUTE MAJORITY

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 172 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.115

PROPOSED POLICY – RECOVERY OF ADMINISTRATIVE COSTS FOR PROFESSIONAL ASSESSMENTS AND PEER REVIEWS OF BUILDING APPLICATIONS FOR MAJOR BUILDING PROJECTS (File Reference: POL0013)

This item was withdrawn prior to the meeting of the Development and Environmental Services Committee held on 15 July 2003.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 173 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.116

DELEGATED DECISIONS AND NOTIFICATIONS (File Reference: ADM0048)

PURPOSE OF REPORT:

To report on matters that have been dealt with under delegated authority and notify the Council of other proceedings in relation to Planning and Environmental Health Services.

DELEGATED DECISIONS:

The following items (for the month of June 2003) have been dealt with under delegated authority, in accordance with Council’s policy, as they were deemed to comply in all respects with the requirements of the Town Planning Scheme and Council Policy:-

• Three, two storey grouped dwellings - 10 Joseph Street, West Leederville; • Four, two storey grouped dwellings - 251 Cambridge Street, Wembley; • Consulting rooms - 48 - 52 Oxford Close, West Leederville;

NOTIFICATIONS:

The following items are notifications for Council’s information:-

Appeals received

No appeals were lodged against a decision of the Council during June 2003.

Appeal determinations

No appeals were determined by the Town Planning Appeal Tribunal during June 2003.

Town Planning Scheme No.1, Amendment No. 9 - Final Approval

The Western Australian Planning Commission has notified the Town that the Hon Minister for Planning and Infrastructure has granted final approval to the above Scheme Amendment. The amendment became effective when it was published in the Government Gazette on 13 June 2003.

Amendment No. 9 related to rezoning Holyrood Street, West Leederville from Residential R40 to Residential R30.

Town Planning Scheme No.1, Amendment No. 10 - Final Approval

Amendment No. 10 related to the inclusion of the area of Jukes Way into the Town of Cambridge following its transfer from the City of Stirling in 2002.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 174 COUNCIL 22 JULY2003 MAYOR……………………………………………………

Western Australian Planning Commission decision regarding Proposed Scout and Girl Guide Facility

The Council, at its meeting held on 27 August 2002 considered a proposal for a Scout and Girl Guide facility at Swan Location 691, Alderbury Street, Floreat. Approval for the facility is required to be granted by the Western Australian Planning Commission.

The Western Australian Planning Commission has notified the Town that it has resolved to grant planning approval to the proposed development. A further separate report on this matter will be presented to the Corporate and Customer Services Committee and Council at a future date.

Subiaco Wastewater Treatment Plant

The Water Corporation has advised the Town of a proposed Stack to be constructed at the Subiaco Wastewater Treatment Plant as part of an Odour Improvement Project.

The proposed height of the stack is 48 metres, it will take "scrubbed" air and disperse it above the local inversion layer. From this height, odour is diluted prior to reaching ground level.

The tower whilst visible from some areas is located well within the Subiaco Wastewater Treatment Plant site. A number of options for its final design have been prepared with a view to limiting its visual impact on the locality.

The Water Corporation has conducted public consultation on the proposal but received little feedback.

Further information on the project is available by contacting Mr Mark Herbert at the Water Corporation on telephone number 9420 2402

Outcome of Legal Action

At its meeting of 25 March 2003, the Council approved the initiation of legal proceedings against a resident pursuant to Section 79 of the Environmental Protection Act 1986 for the creation of unreasonable noise (amplified music from a stereo system) from the house located at 181 The Boulevard, Floreat.

The charge was heard in the Perth Court of Petty Sessions on 24 June 2003 The defendant was convicted, and fined $750 with costs of $560.70.

The defendant advised the Court that in view of the proceedings taken against him by the Town, he would ensure that no further problems were created for his neighbours by the emission of loud amplified music.

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That the report on delegated decisions and notifications dealt with under delegated authority for the period ending 30 June 2003, be received.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 175 COUNCIL 22 JULY2003 MAYOR……………………………………………………

DES03.117

BUILDING LICENCES APPROVED UNDER DELEGATED AUTHORITY (File Reference: ADM0048)

PURPOSE OF THE REPORT:

To provide monthly statistics and comparative data of building licences approved under delegated authority in June 2003.

BACKGROUND:

Listed hereunder are the total numbers of licences issued in the month of June 2003. Also shown are the comparative figures of the number of licences issued on the same month of the previous year.

June 2003 June 2002 Building Licences 43 47 Sign Licences 0 1 Preliminary Building 3 14 Licences Demolition Licences 5 7

Value of Construction $4,355,669 $3,305,881

COUNCIL DECISION: (COMMITTEE AND ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr McAullay

That the Schedule of Building and Demolition Licences approved under delegated authority for the month of June 2003, as attached to and forming part of the notice paper, be received.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 176 COUNCIL 22 JULY2003 MAYOR……………………………………………………

8. REPORTS FROM DELEGATES: COMMITTEES AND WORKING GROUPS

8.1 Western Suburbs District Planning Committee

Cr McAullay advised that opposition to the Stephenson Highway Road Reserve and a request to the Minister for its deletion had again been raised by the Committee at its meeting held on 19 June 2003 at the City of Subiaco.

9. GENERAL BUSINESS

Nil

10. CLOSURE

There being no further business, the Presiding Member thanked those present for their attendance and declared the meeting closed at 7.00pm.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\E DESa.doc 177 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

10. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

The following motion of which appropriate notice has been given has been submitted by Cr Pinerua:-

CIVIC FUNCTIONS: INVITED GUEST LIST (File Reference: CVC0008)

BACKGROUND:

The Council does not currently have an endorsed list of potential invitees for Council sponsored Civic functions.

The lack of a predetermined list has led on occasions to inconsistencies when preparing guest attendance invitations. Accordingly it is recommended that an approved list be prepared and endorsed by the Council for application at future civic events conducted by the Town.

The list would apply to all civic functions and receptions including citizenship ceremonies, visiting delegations from interstate/overseas or other similar events formally hosted by the Elected Council.

COUNCIL DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr McAullay

That the Council endorse the following list of invitees for civic or special functions conducted by the Town:-

• Mayor and Councillors; • Immediate Past Mayors and Councillors; • All Federal and State Members of Parliament with constituencies covered (in part) by the Town of Cambridge; • Town of Cambridge Ratepayers and Residents Association Presidents; • Service Club Presidents (Lions Club and Rotary); • Chief Executive Officer and other staff as appropriate;

In addition to the above:-

During discussion, Members proposed a number of amendments to the list.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 178 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

Amendment

Moved by Cr Pinerua, seconded by Cr McAullay

That the motion be amended to read as follows:-

That the Council endorse the following list of invitees for civic or special functions conducted by the Town:- • Mayor and Councillors and partners; • Past Mayors and Councillors of the Town of Cambridge; • The Federal Member for Curtin and State Members of Parliament with constituencies covered (in part) by the Town of Cambridge; • Town of Cambridge Ratepayers and Residents Association Presidents or their nominee and partners; • Service Club Presidents and partners (eg Lions Club and Rotary) • Chief Executive Officer and other staff as appropriate;

In addition to the above:-

• other persons, such as the Premier or other Minister or Member of Parliament be invited depending upon the purpose of the civic function; • members of the Town of Cambridge community and the wider community with a special interest in a particular event or function. • former City of Perth Councillors who represented the Town of Cambridge; • up to 10 guests at the invitation of each Elected Member

Amendment carried

The amended motion was then put and carried

Cr MacRae requested that she be recorded as voting against the former City of Perth Councillors being included in the Invited Guest List as she considered that their inclusion would be an onerous and costly exercise on each occasion.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 179 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

11. REPRESENTATION ON STATUTORY AUTHORITIES AND PUBLIC BODIES (File Reference ORG0088)

PURPOSE OF REPORT;

To seek nominations for Council representation on various statutory authorities and public bodies.

BACKGROUND:

The WA Local Government Association invites Member Councils to submit nominations for appointment to various bodies as vacancies arise.

DETAILS:

The Council has been invited to submit nominations for the following appointments:-

WA Tourism Commission: Visitor Servicing Review Working Group

Details of the above vacancies are attached to and form part of the notice paper.

COUNCIL DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Cr McAullay, seconded by Cr Pinerua

That:-

(i) the request for the nomination of a representative to the WA Tourism Commission: Visitor Servicing Review Working Group

be received;

(ii) consideration be given to the nomination of a representatives as detailed in (i) above.

Amendment

Moved by Cr McAullay, seconded by Cr Pinerua

That clause (ii) of the motion be deleted.

Amendment carried

The amended motion was then put and carried

The motion, as carried, is as follows:-

That the request for the nomination of a representative to the WA Tourism Commission: Visitor Servicing Review Working Group be received.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 180 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

12. LATE ITEMS

12.1

BUDGET FOR THE YEAR ENDED 30 JUNE 2004 (File Reference: FIN0120)

PURPOSE OF THE REPORT:

To consider and adopt the Budget for the year ending 30 June 2004.

BACKGROUND:

Preparation of the 2003/2004 Budget commenced in January 2003. The first draft of the 2003/2004 Budget was distributed to Elected Members in May 2003 and considered at an Elected Members’ briefing on 26 May 2003. The draft Budget was subsequently presented to Council at a Special Meeting held on 17 June 2003.

The Council endorsed the draft Budget and decided to release the document for public comment. The public comment period expired on Friday 11 July 2003 and one submission was received by the close of submissions. A submission and petition was received on Monday 14 July 2003 in relation to the Christmas Lights at Lake Monger. Also, a third submission was received on Friday 18 July 2003 from the Coast Ward Ratepayers Association. Copies of the submissions are attached. The Administration is preparing comments in relation to these submissions which will be distributed to Elected Members prior to the Council Meeting.

The Budget was made available at the Council Offices, Wembley Community Centre Cambridge Library, The Boulevard Centre, and Bold Park Aquatic Centre. A copy was also made available for download on the Town’s website.

The 2003/2004 Budget is now presented for adoption. A copy has been circulated to Elected Members with the Notice Paper.

DETAILS:

Consistent with Council’s decision on releasing the document for public comment, the Budget provides for an increase in the rate revenue of 5.0%.

The minimum rate will increase from $514 to $540. The minimum rate represents the minimum cost for services provided to each rateable property and applies to 13% of the Town’s rateable properties.

Details of the major matters affecting the Budget are included in the Budget Report in the Introduction Section (Section 1) of the attached Budget.

Since the release of the document for public comment, a number of adjustments have been made. These changes do not affect the amount to be raised in rate revenue and are due to new information being received to include in the document. A list of all theses changes is attached.

Please note the list does not include changes made to incorporate carried forward items. A separate schedule is included in the Budget outlining these items.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 181 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

2002/2003 End of Year Results

The Budget document includes an estimate of the actual financial result for the 2001/2002 financial year. The estimated surplus is currently $723,000. To determine the actual surplus the amount of $574,700 being for carried forward works needs to be deducted. Therefore, the 2002/2003 estimated surplus is $148,300. This estimate is preliminary only and it is anticipated that it will be amended prior to finalising end of year results. The surplus amount has been transferred to Reserve and allocated as follows:-

Plant Reserve $48,300 Light Fleet Reserve $50,000 Equipment Reserve $50,000 $148,300

This reserve transfer will be adjusted during the finalisation of the year end accounts for the 2002/2003 financial period.

Light Vehicle Replacement

In September 2001, Council adopted a strategy for the replacement of its light vehicle fleet. This strategy essentially permits any vehicle in the Council’s light fleet to be traded in on a new vehicle not earlier than 12 months/20,000kms and no later than 36 months/60,000kms with replacement vehicles being traded to maximise the financial return to the Council. As a result, every vehicle of the Town’s 40 (approximately) light vehicle fleet is up for review to be traded each year and will be traded subject to satisfactory financial returns being achieved. An amount of $140,000 has been allocated to a new Light Vehicle Reserve in the 2003/2004 Budget to fund this strategy. This is likely to be the actual annual cost of this policy based on $3,500 per vehicle per year.

At the time of adopting the budget, it is not known which vehicles or how many will be traded in the year, although it could be expected that at least one third of the fleet would be changed over. As each vehicle is allocated to a program in the budget, it is not possible to set the budgets at the start of the year.

Therefore authority needs to be provided to the Chief Executive Officer to be able to amend the budgets as required and transfer funds from the Light Vehicle Reserve. An appropriate recommendation has been made to put this process in place.

POLICY/STATUTORY IMPLICATIONS:

The Town is required to adopt an Annual Budget in accordance with Section 6.2 of the Local Government Act 1995. The budget is to be adopted by Council prior to 31 August each year.

FINANCIAL IMPLICATIONS:

The Budget outlines the financial plans for the Town over the next twelve months. The budget contains estimated revenue and expenditure and once adopted, is monitored throughout the year.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 182 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

STRATEGIC DIRECTION:

There is no strategic item in the Strategic Plan relating to the preparation of the Annual Budget.

COUNCIL DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Cr MacRae, seconded by Burkett

That by an ABSOLUTE MAJORITY:-

1. General Rates and Charges

(i) the budget for the year ending 30 June 2004 including notes and supporting schedules as laid on the table and included in the minutes be adopted as follows:

(a) Operating Budget - Revenue $19,330,700 - Expenditure ($21,458,500) - Contributions (Assets) $282,200 - Disposal of Assets ($20,300) - Gain on Disposal of Land $406,800 ($1,459,100) (b) Capital Budget - Revenue $760,600 - Expenditure ($12,211,400) ($11,450,800) (c) Reserve Budget - Opening Balance 1 July $6,960,200 - From Operations $1,761,500 - To Operations ($3,484,100) - Closing Balance – 30 June $5,237,600

(d) Endowment Lands Account Budget - Opening Balance – 1 July $2,796,400 - From Operations $92,200 - To Operations ($2,791,800) - Closing Balance – 30 June $96,800

(e) Cash Flow Budget - Opening Balance – 1 July $12,931,000 - Increase/(Decrease) ($4,440,700) - Closing Balance – 30 June $8,490,300

(ii) the following rates and charges be levied for the year ending 30 June 2004 in accordance with the provisions of the Local Government Act 1995 and the Health Act 1911:-

(a) General Rate

(1) A rate of 7.371 cents in the dollar on all rateable property within the Town of Cambridge, assessed on the Gross Rental Valuation (GRV) method (i.e excluding the lands specified in the Cambridge Endowment Lands Act);

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 183 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

(2) A rate of 0.279 cents in the dollar on all rateable property within the Town of Cambridge as specified in the Cambridge Endowment Lands Act assessed on the Unimproved Valuation (UV) method.

(b) Minimum Rate

A minimum rate of $540 on all rateable property.

Rubbish Service Charge:

• 240 litre waste bin service $132 per annum (incl. GST) • 240 litre recycling bin service $88 per annum (incl. GST) • Exchange 120 litre for a 240 litre recycle bin $60 upgrade only (incl. GST)

Charges to be on a per annum or pro rata amount per service to be levied on Non Rateable Properties that receive a rubbish collection, and properties that have more than one rubbish service i.e. multiple bins.

(d) Instalment Administration Fee and Interest

An Administration Fee of $3.50 per instalment and Instalment Interest of 5.5% be charged on rates and service charges for those ratepayers selecting the instalment option in accordance with Section 6.45(3) and 6.13 of the Local Government Act 1995. The administration fee or instalment interest will not apply to entitled pensioners or eligible seniors.

(e) Late Payment Interest

Late payment interest of 11% per annum calculated on a daily basis, to be charged on rates and service charges which are outstanding from the due date, (35 days after issue of the assessment notice), until the date prior to the outstanding amounts being paid in accordance with Section 6.51(1) of the Local Government Act 1995. Late payment interest shall not apply to entitled pensioners or eligible seniors.

(f) Instalment Options

The following instalment dates for payment of rates apply:-

Due Date/First Instalment 12 September 2003 Second Instalment 10 November 2003 Third Instalment 12 January 2004 Fourth Instalment 10 March 2004

(g) Fees and Charges

The fees and charges to be imposed be adopted in accordance with the supporting schedule of fees and charges included in the Budget.

(iii) an incentive scheme to encourage early payment of rates be operated under the following conditions:

(a) this competition is open to all ratepayers of the Town of Cambridge who:

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 184 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

(1) pay in full all outstanding rate amounts within 21 days of issue of rate notices;

(2) being a registered entitled pensioner or senior claiming the 50% Government subsidy pays any arrears and 50% of the current years rates within 21 days of issue of rate notices;

NOTE Previously deferred amounts need not be paid.

(b) Elected Members and employees of the Town of Cambridge are not entitled to enter;

(d) all winners will be notified by mail;

(e) the decision of the competition organisers will be final on all matters and no correspondence will be entered into;

(iv) the 2002/2003 surplus funds excluding Carried Forward Works be transferred to Reserve as follows:

Plant Reserve $48,300 Light Fleet Reserve $50,000 Equipment Reserve $50,000 $148,300

The amount transferred to Reserve be adjusted in the finalisation of the 2002/2003 annual accounts and the Chief Executive Officer be authorised to make the necessary adjustments;

(v) the Chief Executive Officer be delegated authority to administer the Council’s Light Vehicle Replacement Strategy adopted by Council on 25 September 2001 and to amend the budget accordingly when vehicles are traded to ensure the amended budget is in accordance with the actual financial transaction for the trade and that the required amount be transferred from the Light Vehicle Reserve for this purpose.

During discussion, it was noted that the public comment period for the 2003/2004 Budget closed on 11 July 2003 and submissions had been received from the following:-

• Cr Rod Bradley • Ms Mary Holliday and 222 petitioners (late 14/7/03) • Coast Ward Ratepayers Association (late 18/7/03)

Copies of the submissions were distributed with the Notice Paper and responses to the submissions were circulated prior to the Council Meeting.

Mayor Anderton suggested that copies of the budget should be made available for the public not only to view but to take away should they wish to do so.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 185 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

Discussion ensued. Mayor Anderton proposed that funding for two part time staff to initiate the Local History Collection at the Cambridge Library at a cost of $39,000 be included in the 2003/2004 Budget. The petition signed by 222 persons requesting the Council to reinstate the Christmas Lights at Lake Monger item in the budget was discussed and it was agreed to also include this program in the 2003/2004 Budget at a cost of $18,000.

Elected Members agreed that funding of $57,000 for these two items should be funded from the 2002/2003 surplus funds rather than this amount being transferred to the Asset Management Reserve. The Executive Manager Corporate and Customer Services advised that the year end results are still being finalised and the updated surplus projections for 2002/2003 were less than $100,000 and probably in the order of $70,000. However, the final surplus amount will not be known until the audit of the end of year accounts is completed. Consequently, it is unlikely that there will be any or little surplus funds remaining to transfer to the Asset Management Reserve.

Amendment

Moved by Cr O’Connor, seconded by Cr MacRae

That clause (iv) of the motion be amended to read as follows:-

(iv) the 2002/2003 surplus funds excluding Carried Forward Works be allocated as follows:

Cambridge Library – Local History Collection $39,000 Lake Monger – Christmas Tree Decorations $18,000 $57,000

The balance remaining be transferred to the Asset Management Reserve and this be adjusted in the finalisation of the 2002/2003 annual accounts and the Chief Executive Officer be authorised to make the necessary adjustments.

Amendment carried

The amended motion was then put and carried by an ABSOLUTE MAJORITY

The motion, as carried, is as follows:-

That by an ABSOLUTE MAJORITY:-

1. General Rates and Charges

(i) the budget for the year ending 30 June 2004 including notes and supporting schedules as laid on the table and included in the minutes be adopted as follows:

(a) Operating Budget - Revenue $19,330,700 - Expenditure ($21,515,500) - Contributions (Assets) $282,200 - Disposal of Assets ($20,300) - Gain on Disposal of Land $406,800 ($1,516,100)

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 186 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

(b) Capital Budget - Revenue $760,600 - Expenditure ($12,211,400) ($11,450,800) (c) Reserve Budget - Opening Balance 1 July $6,811,900 - From Operations $1,761,500 - To Operations ($3,484,100) - Closing Balance – 30 June $5,089,300

(d) Endowment Lands Account Budget - Opening Balance – 1 July $2,796,400 - From Operations $92,200 - To Operations ($2,791,800) - Closing Balance – 30 June $96,800

(e) Cash Flow Budget - Opening Balance – 1 July $12,931,000 - Increase/(Decrease) ($4,440,700) - Closing Balance – 30 June $8,490,300

(ii) the following rates and charges be levied for the year ending 30 June 2004 in accordance with the provisions of the Local Government Act 1995 and the Health Act 1911:-

(a) General Rate

(2) A rate of 0.279 cents in the dollar on all rateable property within the Town of Cambridge as specified in the Cambridge Endowment Lands Act assessed on the Unimproved Valuation (UV) method.

(b) Minimum Rate

A minimum rate of $540 on all rateable property.

Rubbish Service Charge:

(d) Instalment Administration Fee and Interest

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 187 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

1995. The administration fee or instalment interest will not apply to entitled pensioners or eligible seniors.

(e) Late Payment Interest

The following instalment dates for payment of rates apply:-

Due Date/First Instalment 12 September 2003 Second Instalment 10 November 2003 Third Instalment 12 January 2004 Fourth Instalment 10 March 2004

(g) Fees and Charges

The fees and charges to be imposed be adopted in accordance with the supporting schedule of fees and charges included in the Budget.

(iii) an incentive scheme to encourage early payment of rates be operated under the following conditions:

(a) this competition is open to all ratepayers of the Town of Cambridge who:

(1) pay in full all outstanding rate amounts within 21 days of issue of rate notices;

(2) being a registered entitled pensioner or senior claiming the 50% Government subsidy pays any arrears and 50% of the current years rates within 21 days of issue of rate notices;

NOTE Previously deferred amounts need not be paid.

(b) Elected Members and employees of the Town of Cambridge are not entitled to enter;

(d) all winners will be notified by mail;

(e) the decision of the competition organisers will be final on all matters and no correspondence will be entered into;

(iv) the 2002/2003 surplus funds excluding Carried Forward Works be allocated as follows:

Cambridge Library – Local History Collection $39,000 Lake Monger – Christmas Tree Decorations $18,000 $57,000

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 188 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 189 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

12.2

PRIVATE SWIMMING POOL INSPECTION PROGRAM 2003-2004 (File Reference: PLA 0057 )

PURPOSE OF REPORT:

To determine the operation of the 2003/2004 Private Swimming Pool Inspection Program.

BACKGROUND:

In the years 1995/1996 and 1999/2000, the Council carried out its statutory obligation under the Local Government (Miscellaneous Provisions) Act to inspect all private swimming pools in the Town. The next round of inspections is due to commence in late 2003.

Legal:

Section 245A of the Local Government (Miscellaneous Provisions) Act 1960 requires that local government undertake inspections of every private swimming pool every four years, with such inspections being undertaken by authorised persons.

Subsection (8) requires local governments to fix the charge to be imposed on each owner or occupier of land on which there is a swimming pool, to meet the estimated cost in that financial year of carrying out the inspections required by subsection (5) (aa), but the charge fixed — (a) shall not exceed the estimated average cost of carrying out inspections in that year; and (b) shall not exceed the maximum charge, if any, prescribed by regulation. In imposing the charge, a local government may provide for concessions in specified classes of cases.

The Act also requires that a notice of the charge fixed under subsection (8) be: • published in the Gazette, and • served upon each person on whom a charge is imposed specifying when the charge is due and payable.

The Building Regulations fix the maximum charge at $55.00.

POLICY:

This is a statutory obligation on the Town.

STRATEGIC DIRECTION:

To ensure that the Town’s risk management strategy includes the necessary systems and programs to monitor and prevent exposure to risk.

DETAILS:

Inspection Program. The 1999/2000 pool inspection program was carried out by the Royal Life Saving Society under a contract (rather than employing casual staff to undertake the task). As this was a cost effective method of undertaking the required inspection, it is proposed that tenders be called for the 2003/2004 pool inspection program to be undertaken by a suitably experienced and technically competent contractor, who would be required to strictly follow the legislative requirements of the Act, Regulations and relevant Standards.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 190 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

Inspection Fee. At its meeting of 24 June 2003, the Council adopted the Schedule of Fees and Charges for Regulatory Services. Included in that schedule was the Private Swimming Pool Inspection fee of $55.

As the rebate system adopted for the 1999/2000 program proved to be a successful initiative, it is proposed that a rebate system for compliance at first inspection be repeated, and that the rebate be set at $25.00.

FINANCIAL IMPLICATIONS:

There are 2340 private swimming pools in the Town. The draft budget identifies potential revenue at $117,000 (excluding GST of $5 per property). As compliance at first inspection has increased during each of the previous programs, it is estimated that the first inspection compliance rate for the 2003/2004 program would be in the order of 70%. The draft budget identifies a compliance rebate of $37,000 (excluding GST).

The estimated cost of the contract for the inspection program, including the administrative costs, is $80,000.

CONCLUSION:

Accordingly, it is recommended that tenders be called for a suitably experienced and technically competent contractor to undertake the Town’s Private Swimming Pool Inspection Program for 2003/2004.

Further, so as to encourage compliance, it is recommended that where a property fully complies in the first inspection, a rebate of $25.00 (incl GST) be applied and credited to the relevant property rates account; and where first inspection reveals non-compliance, no rebate is applicable.

COUNCIL DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Cr Pinerua, seconded by Cr O’Connor

That:-

(i) in order to fulfil the Town’s responsibilities under Section 245A of the Local Government (Miscellaneous Provisions) Act 1960, tenders be called for a suitably experienced and technically competent contractor to undertake the Town’s Private Swimming Pool Inspection Program for 2003/2004;

(ii) so as to encourage compliance:-

(a) where a property fully complies at the first inspection, a rebate of $25.00 (incl GST) is to be applied and credited to the relevant property rates account;

(b) where first inspection reveals non-compliance, no rebate is applicable.

Carried

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 191 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

12.3

MEMBERSHIP OF STANDING COMMITTEES: MAYOR (File Reference: ADM0081)

PURPOSE OF REPORT:

To increase each of the Council’s Standing Committees to a membership of five by the addition of the Mayor.

BACKGROUND:

At the Special Meeting of Council held on 6 May 2003, Her Worship the Mayor advised that she did not wish to exercise her right to be a member of the Council’s Standing Committees, but that it was her intention to attend the Committee meetings as an observer. The Mayor has now indicated that she wishes to be appointed as a member of each of the Council’s four Standing Committees.

DETAILS:

It is possible for amendments to be made to the composition of Committees in between Special Meetings following local government elections. The addition of the Mayor to each of the Standing Committees will bring membership of each Committee to five.

Section 5.10(4) of the Local Government Act 1995 provides that if at a meeting of the Council, a local government is to make an appointment to a committee that has or could have a Council member as a member and the Mayor informs the local government of his or her wish to be a member of the committee, the local government is to appoint the Mayor to be a member of the Committee.

FINANCIAL IMPLICATIONS:

There is no additional cost involved in the proposal. Allowance is already made for both members and observers to attend Standing Committee meetings.

POLICY:

There is no Council Policy in relation to this matter.

STRATEGIC DIRECTION:

Not applicable.

COUNCIL DECISION: (ADMINISTRATION RECOMMENDATION)

Moved by Cr Burkett, seconded by Cr O’Connor

That:-

(i) in accordance with Section 5(10) of the Local Government Act 1995, Her Worship the Mayor be appointed as a member of the following Standing Committees:-

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 192 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

Technical Services; Policy and Administration; Corporate and Customer Services; Development and Environmental Services;

(ii) each Standing Committee be comprised of the Mayor and four Councillors (two Wembley and two Coast Ward members);

(iii) in accordance with Clause 4.4.4 of the Standing Orders, the quorum of each Standing Committee remain as three (at least 50% of the number of offices, whether vacant or not);

(ii) following the Mayor’s appointment in (i) above, the following members be re- appointed by an ABSOLUTE MAJORITY to the Council’s Standing Committees:-

(i) Technical Services Committee

Members: Cr Barlow Cr Bradley Cr Langer Cr O’Connor

First Deputies: Cr MacRae, Cr Pinerua Second Deputies: Cr Burkett, Cr McAullay;

(ii) Policy and Administration Committee

Members: Cr Burkett Cr Langer Cr MacRae Cr O’Connor

First Deputies: Cr Bradley, Cr McAullay Second Deputies: Cr Barlow, Cr Pinerua;

(iii) Corporate and Customer Services Committee

Members: Cr Barlow Cr Bradley Cr McAullay Cr Pinerua

First Deputies: Cr Burkett, Cr MacRae Second Deputies: Cr Langer, O’Connor;

(iv) Development and Environmental Services Committee

Members: Cr Burkett Cr MacRae Cr McAullay Cr Pinerua

First Deputies: Cr Langer, O’Connor Second Deputies Cr Barlow, Cr Bradley.

Carried by an ABSOLUTE MAJORITY

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 193 COUNCIL 22 JULY 2003 MAYOR…………………………………………………………

13. CONFIDENTIAL REPORTS

Meeting Behind Closed Doors

Moved by Cr Burkett, seconded by O’Connor

That the following matter be regarded as confidential pursuant to Section 5.23 (2)(b) of the Local Government Act 1995.

Carried

At 8.43 pm, Her Worship the Mayor requested all persons other than Elected Members and Council Officers to leave the Council Chamber

Cr Langer left the meeting at 8.43 pm and returned at 8.45 pm.

13.1

CCS03.81

DISABILITY SERVICES ADVISORY COMMITTEE - NOMINATIONS (File Reference: CMS0102)

COUNCIL DECISION: (COMMITTEE RECOMMENDATION)

Moved by Cr O’Connor, seconded by Cr Pinerua

That:-

(i) the Terms of Reference and relevant membership Selection Criteria for the Disability Services Advisory Committee be amended to ensure preference is given to selecting applicants with diverse experience in the disability field and/or with a recognized disability;

(ii) all community positions on the Disability Services Advisory Committee be re- advertised with the three existing nominees not being required to resubmit their nominations.

Carried

14. CLOSURE

There being no further business, Her Worship the Mayor thanked those present for their attendance and declared the meeting closed at 8.48 pm.

\\cambadmin\admin\Ceo\Gov\Council Minutes\03 MINUTES\July 2003\F Item 10 onwards.doc 194