AGENDA

 

 

Council Briefing

 

17 July 2018

 

Time:

6pm

Location:

Administration and Civic Centre

244 Vincent Street, Leederville

 

 

 

 

Len Kosova

Chief Executive Officer

 


Council Briefing Agenda                                                                                            17 July 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISCLAIMER

No responsibility whatsoever is implied or accepted by the City of Vincent (City) for any act, omission, statement or intimation occurring during Council Briefings or Council Meetings.  The City disclaims any liability for any loss however caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings.  Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council Briefing or Council Meeting does so at their own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning or development application or application for a licence, any statement or intimation of approval made by an Elected Member or Employee of the City during the course of any meeting is not intended to be and is not to be taken as notice of approval from the City.  The City advises that anyone who has any application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Council in respect of the application.

Copyright

Any plans or documents contained within this Agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction.  It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright.  A reproduction of material that is protected by copyright may represent a copyright infringement.


PROCEDURE FOR PUBLIC SPEAKING TIME

The City of Vincent Local Law Relating to Meeting Procedures prescribes the procedure for persons to ask questions or make public statements relating to a matter affecting the City, either verbally or in writing, at a Council meeting.

Questions or statements made at an Ordinary Council meeting can relate to matters that affect the City.  Questions or statements made at a Special Meeting of the Council must only relate to the purpose for which the meeting has been called.

1.    Shortly after the commencement of the meeting, the Presiding Member will ask members of the public to come forward to address the Council and to give their name and the suburb in which they reside or, where a member of the public is representing the interests of a business, the suburb in which that business is located and Agenda Item number (if known).

2.    Public speaking time will be strictly limited to three (3) minutes per member of the public.

3.    Members of the public are encouraged to keep their questions/statements brief to enable everyone who desires to ask a question or make a statement to have the opportunity to do so.

4.    Public speaking time is declared closed when there are no further members of the public who wish to speak.

5.    Questions/statements are to be directed to the Presiding Member and are to be made politely in good faith and are not to be framed in such a way as to reflect adversely or be defamatory on a Council Member or City Employee.

6.    Where the Presiding Member is of the opinion that a member of the public is making a statement at a Council meeting, that does not affect the City, he may ask the person speaking to promptly cease.

7.    Questions/statements and any responses will be summarised and included in the Minutes of the Council meeting.

8.    Where practicable, responses to questions will be provided at the meeting.  Where the information is not available or the question cannot be answered, it will be “taken on notice” and a written response will be sent by the Chief Executive Officer to the person asking the question.  A copy of the reply will be included in the Agenda of the next Ordinary meeting of the Council.

9.    It is not intended that public speaking time should be used as a means to obtain information that would not be made available if it was sought from the City’s records under Section 5.94 of the Local Government Act 1995 or the Freedom of Information (FOI) Act 1992. The CEO will advise the member of the public that the information may be sought in accordance with the FOI Act 1992.

 

RECORDING AND WEBSTREAMING OF COUNCIL MEETINGS

·         All Ordinary and Special Council Meetings are electronically recorded except when the Council resolves to go behind closed doors;

·         All recordings are retained as part of the City's records in accordance with the General Disposal Authority for Local Government Records produced by the Public Records Office;

·         A copy of the recorded proceedings and/or a transcript of a particular section or all of a Council meeting is available in accordance with Policy No. 4.2.4 – Council Meetings – Recording and Web Streaming.

·         Ordinary Meetings of Council and Council Briefings are streamed live on the internet in accordance with the City’s Policy – 4.2.4 - Council Meetings Recording and Web Streaming. It is another way the City is striving for transparency and accountability in what we do.

·         The live stream can be accessed from http://webcast.vincent.wa.gov.au/video.php

·         Images of the public gallery are not included in the webcast, however the voices of people in attendance may be captured and streamed.

·         If you have any issues or concerns with the live streaming of meetings, please contact the City’s Manager Governance and Risk on 08 9273 6538.

 


Council Briefing Agenda                                                                                            17 July 2018

Order Of Business

 

1          Declaration of Opening / Acknowledgement of Country. 7

2          Apologies / Members on Leave of Absence. 7

3          Public Question Time and Receiving of Public Statements. 7

4          Declarations of Interest 7

5          Development Services. 8

5.1             No. 2/18 (Lot: 2; STR: 42377) Robinson Avenue, Perth Proposed Change of Use from Residential to Unlisted Use (Short Term Dwelling) 8

5.2             No. 462 (Lot 2; D/P: 3824) Beaufort Street (corner of Broome Street) Highgate - Proposed Amendment to Condition of Approval - Signage and Paid Car Park to Shop. 34

5.3             No. 12 - 16 Cleaver Street, West Perth - Proposed Change of Use from Warehouse Storage/Office to Reception Centre/Exhibition Centre/Office/Warehouse Storage. 53

5.4             No. 47 (Lot: 502; D/P: 50409) Jugan Street, Mount Hawthorn - Proposed Five Grouped Dwellings  75

5.5             Nos. 340 & 342 (Lot: 1; D/P: 9897) Newcastle Street, Perth - Alterations and Additions to Unlisted Use (Lodging House) 105

5.6             No. 440 (Lot: 1; STR: 60424) William Street, Perth - Change of Use from Office to Educational Establishment 135

5.7             No. 7/565-567 (Lot 7; str: 21608) Beaufort Street, Mount Lawley - S.31 Reconsideration - Amendment to Conditions of Approval - Change of Use from Office to Recreational Facility and Office. 157

5.8             Nos. 1-16/17 (Lots: 1-16; STR: 598813) Harwood Place, West Perth - S.31 Reconsideration of Conditions - Change of Use from Multiple Dwellings to Serviced Apartments. 172

5.9             Further Report: No.16 (Lot: 30; D/P: 1962) Howlett Street, North Perth - Change of Use from Office to Unlisted Use (Dog Day Care) 212

5.10           No. 2 (Lot: 500; D/P: 66716) Edward Street, Perth - Proposed Third Party Signage to Mixed Use Development 317

5.11           North Perth Town Centre Parking Restrictions - Results of Community Consultation. 352

5.12           LATE REPORT: Submission on Modernising WA's Planning System - Planning Reform Green Paper 364

6          Engineering. 365

6.1             Tender No. 548/18 - Tree Watering and Tree Planting Services. 365

6.2             Tender No. 549/18 - Removal of Trees and Pruning of Trees within Parks and Reserves. 368

6.3             Tender No. 551/18 - Maintenance of Bores, Pumps and Associated Works. 371

6.4             LATE REPORT: Tender No. 553/18 - Supply and Laying of Kerbing. 374

6.5             LATE REPORT: Tender No. 552/18 - Traffic Management Services. 375

7          Corporate Services. 376

7.1             LATE REPORT:  City of Vincent Long Term Financial Plan 2018/19-2027/28. 376

7.2             Authorisation of Expenditure for the Period 1 June 2018 to  25 June 2018. 377

7.3             Investment Report as at 30 June 2018. 398

7.4             Provisional Financial Statements as at 30 June 2018. 407


 

8          Community Engagement 498

8.1             Notice of Motion - Cr Susan Gontaszewski – Strategies to Improve Participation and Accessibility by Women and Girls at City of Vincent Sportsgrounds and associated facilities. 498

9          Chief Executive Officer 504

9.1             LATE REPORT: Approval to Advertise Draft Strategic Community Plan 2018 - 2028. 504

9.2             Information Bulletin. 505

10        Motions of Which Previous Notice Has Been Given. 541

Nil

11        Representation on Committees and Public Bodies. 541

12        Closure. 541

 

 


1            Declaration of Opening / Acknowledgement of Country

“The City of Vincent would like to acknowledge the Traditional Owners of the land, the Whadjuk people of the Noongar nation and pay our respects to Elders past, present and emerging”.

2            Apologies / Members on Leave of Absence

Nil

3            Public Question Time and Receiving of Public Statements

4            Declarations of Interest


Council Briefing Agenda                                                                                            17 July 2018

5            Development Services

5.1          No. 2/18 (Lot: 2; STR: 42377) Robinson Avenue, Perth Proposed Change of Use from Residential to Unlisted Use (Short Term Dwelling)

TRIM Ref:                  D18/81766

Author:                     Rana Murad, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map

2.       Attachment 2 - Proposed Development Plans

3.       Attachment 3 - Management Plan

4.       Attachment 4 - Summary of Submissions and Administration's Comments

5.       Attachment 5 - Summary of Submissions and Applicant's Comments

6.       Attachment 6 - Parking Management Plan

7.       Attachment 7 - Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the Change of Use from Dwelling (Grouped) to Unlisted Use (Short Term Dwelling) at No. 2/18 (Lot: 2; STR: 42377) Robinson Avenue, Perth, in accordance with plans provided in Attachment 2, subject to the following condition, with the associated determination advice notes in Attachment 7:

1.       Use of Premises

1.1     The Short Term Dwelling shall accommodate a maximum of six guests at any one time;

1.2     The Short Term Dwelling shall operate in accordance with the Management Plan dated 19 May 2018 and the terms and conditions outlined in the Management Plan shall be provided to guests of the Short Term Dwelling at the time of check-in and displayed in a prominent location within the entrance area of the Short Term Dwelling;

1.3     The Code of Conduct contained in the approved Management Plan shall be provided to guests of the Short Term Dwelling at the time of check-in and displayed in a prominent location within the entrance area of the Short Term Dwelling; and

1.4     The Short Term Dwelling shall operate with a mandatory minimum night stay period of two consecutive nights;

2.       Car Parking

A minimum of two on-site parking bays shall be made available to guests at all times and be maintained to the satisfaction of the City; and

3.       General

Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists.

 

Purpose of Report:

To consider an application for development approval for a change of use from Grouped Dwelling to Unlisted Use (Short Term Dwelling) at Unit 2, 18 Robinson Avenue, Perth (subject site).

PROPOSAL:

The subject site comprises of a two storey grouped dwelling with three bedrooms and two car bays. The proposal involves the use of the entire dwelling as a Short Term Dwelling for up to six patrons at any one time. The application does not involve any external modifications to the unit or any signage. The development plans are included as Attachment 2 with the submitted Management Plan and Code of Conduct included as Attachment 3. The Management Plan outlines that a maximum of six guests can be accommodated at the subject site at any one time and that guests are required to provide the landowner with details of the nature of their intended stay before a booking is accepted.

Background:

Landowner:

Jason Edwards

Applicant:

Jason Edwards

Date of Application:

12 February 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Mixed Use        R Code: R80

Built Form Area:

Mixed Use Area

Existing Land Use:

Grouped Dwellings

Proposed Use Class:

Unlisted Use (Short Term Dwelling)

Lot Area:

2,030m² (total site area)

Right of Way (ROW):

Not applicable

Heritage List:

No however, adjacent to a Category A heritage listed property

 

The subject site is located on the northern side of Robinson Avenue midway between Beaufort Street and William Street in Perth, as shown in Attachment 1. The subject site has been developed with 12, two storey grouped dwellings. The locality is characterised by a mix of uses including residential dwellings, a hotel and eating houses. Adjoining the subject site at the rear is a Category A heritage listed building which was the former Brisbane Street post office. The proposal will not impact on the heritage significance of this property as no changes to the façade of the building are proposed.

 

The subject site has been operating as a Short Term Dwelling without development approval from the City since circa October 2017. The applicant submitted a development application seeking approval for development which has already commenced, at the request of the strata body. The applicant paid a fee that is three times that of a standard application fee, which encompasses the processing fee of the development application and a penalty for commencing development without prior approval, as provided by the Planning and Development (Local Planning Schemes) Regulations 2015.

 

The City has been made aware that the use has continued, notwithstanding the absence of any development approval and that the activity has had a direct, negative impact on the amenity of the permanent residents within the complex. As a result, the City directed the landowner to cease the unapproved use by no later than 10 July 2018 and not recommence until and unless development approval is granted by Council.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City’s LPS 2 and the City’s Policy No. 7.4.5 – Temporary Accommodation and the State Planning Policy 3.1 – Residential Design Codes.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use

 

ü

Parking & Access

ü

 

Temporary Accommodation Management Plan

 

ü

Strata Consent

 

ü

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

 

Land Use

Deemed-to-Comply Standard

Proposal

Local Planning Scheme No. 2 (LPS2)

 

“P” Use

 

 

Unlisted Use (Short Term Dwelling)

 

The above element of the proposal does not meet the specified deemed-to-comply standards and is discussed in the comments section below.

Consultation/Advertising:

The application was advertised for a period of 21 days in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, from 19 March 2018 to 12 April 2018. The method of consultation being a sign on site, a notice in the local newspaper ‘The Voice’, and 52 letters being mailed to all owners and occupiers as shown on Attachment 1, in accordance with the City’s Policy No. 4.1.5 – Community Consultation. At the commencement of the advertising period the applicant provided photographic evidence of the sign being erected on the subject site. Subsequently, Administration was notified that the sign has been removed and a site visit conducted on 3 April 2018 confirmed that to be the case. The applicant stated that it is a common occurrence for property left within the front setback area to be stolen.

 

A total of 12 submissions were received; eight objecting to the proposal and four supporting the proposal. The main concerns raised by the submissions are as follows:

 

·       The lack of car parking on the site and concerns regarding the proposal increasing illegal parking;

·       Concerns regarding increased noise as a result of the proposal;

·       Concerns regarding safety of the residents within the complex; and

·       The proposal having a negative impact on the amenity of the complex.

 

A summary of submissions and the City’s comments are provided in Attachment 4. The applicant has provided a response to the submissions and this is included as Attachment 5.

 

In addition to the formal consultation process, on 19 June 2018, staff met with a group of residents on-site to discuss the existing compliance issues as well as the current application.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       State Planning Policy 3.1 – Residential Design Codes;

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.4.5 – Temporary Accommodation.

Delegation to Determine Applications:

This matter is being referred to Council as the application received more than five objections throughout the community consultation undertaken.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

Land Use

 

The proposed land use is not specifically identified in the land use table in LPS2 and cannot reasonably be determined as falling within the interpretation of one of the listed uses in LPS2. As such, the proposal is considered as an Unlisted Use. In accordance with Clause 18(4) where a use class is not specifically referred to in the zoning table, the City is to:

 

(a)      Determine that the use is consistent with the objectives of a particular zone and is therefore a use that may be permitted in the zone subject to conditions imposed by the local government; or

 

(b)      Determine that the use may be consistent with the objectives of a particular zone and give notice under clause 64 of the deemed provisions before considering an application for development approval for the use of the land; or

 

(c)      Determine that the use is not consistent with the objectives of a particular zone and is therefore not permitted in the zone.

 

Council is therefore required to consider if the use is consistent with the objectives and purposes of the Mixed Use zone. LPS2 includes the following objectives for the Mixed Use zone:

 

·       To provide for a wide variety of active uses on street level which are compatible with residential and other non-active uses on upper levels.

 

·       To allow for the development of a mixed of varied but compatible land uses such as housing, offices showrooms, amusement centres, eating establishments and appropriate industrial activities which do not generate nuisances detrimental to the amenity of the district or to the health, welfare and safety of its residents.

 

·       To provide for a compatible mix of high density residential and commercial development.

 

·       To promote residential use as a vital and integral component of these mixed use zones.

 

·       To ensure development design incorporates sustainability principles, with particular regard to waste management and recycling and including, but not limited to, solar passive design, energy efficiency and water conservation.

 

·       To ensure the provision of wide range of different types of residential accommodation, including affordable, social and special needs, to meet the diverse needs of the community.

 

The proposal, being for short term accommodation, could reasonably be considered to meet the first two objectives as it represents an active use on street level which is potentially compatible with the other uses in the local area. As such, it is considered that the proposed use may be consistent with the objectives of the zone and therefore shall be considered by Council on its individual merits, having regard to any submissions received during the consultation period.

Parking

 

Throughout the community consultation period a number of submissions were received objecting to the proposal and raising concerns regarding car parking due to on-going issues within the complex and Robinson Avenue. The subject site has two existing car parking bays, one immediately in front of the unit and one lockable garage at the rear of the unit. Robinson Street has on-street parking however, a one hour time restriction applies between 8:00am and 5:30pm Monday to Friday. Clause 5.3.3 of the Residential Design Codes (R Code) requires one car parking bay for the subject site and therefore, the proposal satisfies the deemed-to-comply requirements.

 

As a result of the community concerns the applicant submitted a parking management plan and this is included as part of Attachment 6.

 

The subject site is located approximately 100 metres from Brisbane Street and William Street and is within 1.0 kilometre from the Perth Underground and Claisebrook train stations. The subject site is located approximately 250 metres from the Brisbane Street car park which has 228 car parking bays. Robinson Avenue has on-street car parking bays adjacent to the subject site which have a time restriction for one hour parking from 8:00am to 5:30pm but no restrictions thereafter. The subject site is considered to be well serviced by off-street and on-street car parking as well as public transport.

 

The subject site has sufficient area within the courtyard for the storage of bicycles. Robinson Avenue has been constructed with a footpath immediately adjacent to the subject site and therefore, there is an opportunity for occupiers to cycle to and from the site.

 

In light of the above, it is considered that the subject site has satisfactory access to on site bays as well as public parking and transport.

 

Temporary Accommodation Management Plan

 

The applicant has provided a Management Plan and a set of House Rules for the proposed Short Term Dwelling, in accordance with Clause 2.1.3 of the City’s Policy No. 7.4.5. The Management Plan addresses issues relating to car parking, noise control, complaints management and the security of guests and residents.

 

The Management Plan outlines a process to be followed if a complaint is received in relation to the operations of the Short Term Dwelling. As the landowner is often away for work, two other caretakers have been nominated as contacts should the landowner not be available to attend to a breach and/or complaint. The Management Plan has identified that there is a mechanism to evict tenants if needed. The applicant has also provided a copy of the letter which will be posted out to all landowners within the strata development notifying them of the operations of the proposed Short Term Dwelling, as well as providing contact details should any issues arise.

 

The Management Plan and House Rules submitted as a part of this application are considered to meet the requirements outlined in the City’s Policy 7.4.5 – Temporary Accommodation.  However, since the lodgement of the application, the City has received a number of complaints regarding the use of the subject site, including the number of occupants exceeding the maximum permissible occupancy rate of 6 people and excessive noise during the evenings.  The online advertisement for the short term rental of this property also refers to a maximum occupancy of eight (8) persons at any one time. The other complaints relate to noise, illegal car parking and general anti-social behaviour. On this basis, it is clear that the current Management Plan and House Rules are not being enforced and that current lack of enforcement is having an unreasonable impact on nearby residents.

 

Whilst the above compliance issues are acknowledged, Council is required to consider the application as submitted by the applicant as opposed to the activity which is alleged to be currently occurring., In the event that development approval is granted and the short term dwelling is not operated in accordance with the terms of the development approval (including a maximum occupancy of six people and strict adherence to the submitted Management Plan and House Rules), it would be open to the City to undertake formal compliance action.

 

Strata Approval

 

The City’s Policy No. 7.4.5 – Temporary Accommodation requires the consent of the Council of Owners to be obtained in accordance with the provisions of the Strata Titles Act 1985 and associated By-Laws. As part of the supporting information submitted with the development application, the applicant provided minutes from a Council of Owners meeting held on 30 November 2017 confirming that the continuation of the Short Term Dwelling was permitted on the conditions that:

 

i)        That development approval is immediately obtained from the City;

ii)       If a breach was to be reported then the operations would cease immediately; and

iii)      After determination of the development approval by the City, a decision will be made on whether to accept the request to continue the operation of the Air BnB at the subject property by the Council of Owners.

 

On 13 April 2018, the Council of Owners submitted an objection to the City regarding the proposed development. The letter stated that:

 

·       the Council of Owners did not support the short term accommodation operating at the premises,

·       the Council of Owners had given the owner of the subject property the opportunity to prove that it could operate without impinging of the privacy and security of owners and other tenants;

·       the landowner had failed to provide the contact details of the keeper for the short term dwelling to the Council of Owners which was originally agreed to;

·       the premises was being advertised for 8 guests despite the City’s requirement for a maximum of six guests;

·       there have been on-going disturbances as a result of gatherings and parties;

·       that the property is being used as an Air BnB on a full time basis, and not for a maximum of two weeks as stated previously by the owner;

·       access to the complex was obstructed as a result of illegal car parking on a particular day (17 March).

 

Three formal complaints have subsequently been made to the City by residents and owners from the complex after the consultation period ended. The Council of Owners stated that in light of the objections received during the consultation period and the subsequent formal complaints submitted, the consent has been withdrawn. It must be noted that notwithstanding the lack of Strata Council consent, Council is able to consider the proposal in its individual planning merits. If Council were to approve the current application, such an approval does not impact the ability of the Council of Owners to take action in accordance with the Strata Titles Act 1985 and/or the associated by-laws.

 

Conclusion

 

This application for development is seeking approval for the operation of a Short Term Dwelling at the premises located at No. 2/18 Robinson Avenue, Perth.  The application was submitted with a supporting Management Plan, House Rules and a copy of the Council of Owners AGM Minutes dated 30 November 2017, in accordance with the City’s Policy No. 7.4.5 – Temporary Accommodation.

 

Council is required to exercise its discretion with respect to the proposed land use and the Council of Owners consent.  For the purposes of this application the proposed land use of a Short Term Dwelling has been assessed as an unlisted use under the provisions of Clause 18 (4) of LPS2. The land use is considered to be consistent with the Residential R80 zone and reflective of nearby land uses.  The supporting Management Plan and House Rules submitted by the applicant are consistent with the expectations and requirements as outlined in the City’s Policy No. 7.4.5 whereby appropriate measures are put in place to ensure that impacts on the residential amenity of nearby residents and occupiers are not unduly compromised by the use.

 

In light of the above, the proposed Short Term Dwelling use is supported, subject to conditions, which would include a requirement to strictly adhere to the submitted Management Plan and House Rules.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                              17 July 2018


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


Council Briefing Agenda                                                                                              17 July 2018

 


Council Briefing Agenda                                                                                            17 July 2018

5.2          No. 462 (Lot 2; D/P: 3824) Beaufort Street (corner of Broome Street) Highgate - Proposed Amendment to Condition of Approval - Signage and Paid Car Park to Shop

TRIM Ref:                  D18/84459

Author:                     Kylie Harrison, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map

2.       Attachment 2 - Previous Planning Approval - 20 December 2011

3.       Attachment 3 - Revised Landscaping and Car Park Layout Plan

4.       Attachment 4 - Parking Management Plan  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application to amend the approval period for a Paid Car Park at No. 462 (Lot 2; D/P: 3824) Beaufort Street, corner of Broome Street, Highgate for development approval 5.2011.235.1 granted by Council on 20 December 2011, subject to the following conditions:

1.       All other conditions, requirements and advice notes detailed on the development approval 5.2011.235.1 granted on 20 December 2011 included in Attachment 2 continue to apply to this approval, with the exception of the following:

1.1     Condition 3.1 is amended as follows:

“The approval for the fee paying car park is valid for a period of five (5) years only with the approval expiring on 24 July 2023, following which the use shall revert back to a non-fee paying car park.”

1.2     Condition 3.4 is amended as follows:

“The operating hours of the eighteen (18) paid car parking bays are 7.00am to 10.00pm Monday to Thursday and 7.00am to 12.00pm Friday and Saturday.”

1.3     That the nominated tree species (Robinia pseudoacacia) be replaced with Platanus orientalis (Oriental Plane) and be planted in the three locations as shown on the revised Landscaping and Car Park Layout Plan included as Attachment 3, as well as the proposed weekly hand watering system being implemented to the City’s satisfaction, and shall be maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

 

Purpose of Report:

To consider an application for development approval for amendments to two conditions of the previous approval (development approval 5.2011.235.1) for signage and a paid car park to shop (pharmacy). The two conditions in the previous approval proposed to be amended are as follows:

 

3.1    The approval for the fee paying car park is valid for a period of five (5) years only, following which, the use shall revert back to a non-fee paying car park;

 

3.4     The operating house of the eighteen (18) paid car parking bays are 7.00am to 10.00pm Monday to Thursday and 7.00am to 12.00pm Friday to Saturday.

PROPOSAL:

The application proposes to extend the existing approval period for five years for the operation of a paid car park facility at No. 462 Beaufort Street (corner of Broome Street), Highgate (subject site) (as shown in Attachment 1).

 

Approval for the paid car park use was granted on 20 December 2011 and was valid for a period of five years (refer to Attachment 2). The approval for the paid car park use lapsed on 20 December 2016. There are no changes proposed to the approved plans dated 20 December 2011 with the exception of:

 

·       Additional information being provided to comply with Condition 5.2 of the previous approval in relation to shade trees reflected in a plan showing the location, species and proposed watering system (refer to Attachment 3); and

·       Confirmation of allocated bays (seven) for the pharmacy use on-site as required by Condition 2.4 of the previous approval.

 

The car park was approved to operate as a fee paying car park for 18 of the 25 car parking bays located on the subject site. Seven of the car bays were required under the previous approval to be allocated specifically for use by customers and employees of the pharmacy between 7:00am to 10:00pm Monday to Sunday.

 

The applicant also noted in their supporting submission for this proposed amendment that there was a typographical error in Condition 3.4 of the previous approval relating to operating times. Specifically, the operating hours for the fee paying car park read as ‘7:00am to 12:00pm’ for Fridays and Saturdays, rather than ‘7:00am to 12:00am’. In this way, the applicant is seeking the hours of operation to be corrected as part of this application as follows:

 

·       Monday to Thursday and Sunday: 7:00am to 10:00pm;

·       Friday and Saturday: 7:00am to 12:00am

 

There are no changes to operating hours of the paid car park aside from this.

 

A parking management plan has been submitted as part of this application and provides an overview in relation to parking arrangements (refer to Attachment 4).

Background:

Landowner:

Michael Ronald Hopkins / Braxton Pty Ltd

Applicant:

Rowe Group

Date of Application:

12 April 2018

Zoning:

MRS:    Urban

LPS2:    Commercial

Built Form Area:

Activity Corridor

Existing Land Use:

Car Park and Shop (Pharmacy)

Proposed Use Class:

Car Park: “D”

Lot Area:

1083m²

Right of Way (ROW):

Not Applicable

Heritage List:

Not listed

 

The subject site is located on the corner of Beaufort Street and Broome Street, Highgate.  The total area of the subject site is 1083 square metres. The subject site currently contains a pharmacy and car park with associated landscaping and footpaths.

 

Council at its Ordinary Meeting on 27 September 2011 resolved to conditionally approve an application for proposed signage and paid car park to the existing shop (pharmacy). The applicant contested a number of the conditions imposed as part of the approval granted on 27 September 2011 through an appeal to the State Administrative Tribunal (SAT). In relation to the term of approval for the paid car parking, this appeal included Condition 6 of the approval as follows:

 

“6.      PRIOR TO THE FIRST USE OF THE FEE PAYING CAR PARK ON-SITE, the owner(s) shall enter into a legal agreement with the City and lodge an appropriate assurance bond/bank guarantee of $1750 =, that addresses the following undertaking to the satisfaction of the City, that the part fee paying car park shall cease within five (5) years with the expiry date being 27 September 2016.  The legal agreement shall be secured by a caveat on the Certificate(s) of Title of the subject land.  The legal documentation shall be prepared by the City’s solicitors or other solicitors agreed upon by the City.  All costs associated with this condition, including the cost of the City’s solicitors checking the documentation if prepared by the other solicitors, shall be borne by the applicant/owner(s);”.

 

The applicant was of the view that the condition was unnecessary and superfluous, as the five (5) year term of approval for the paid parking was set out in Condition 3.1 of the approval. Subsequently, Council reconsidered the matter and resolved at its Ordinary Meeting on 20 December 2011 to conditionally approve the application for proposed signage and paid car park to existing shop (pharmacy). As part of this decision, it was resolved by Council to remove Condition 6 as detailed above.

 

The paid car parking was proposed by the applicant as a means to stop illegal parking occurring on the site. The applicant advised that given the site’s strategic location within the Beaufort High Street, the prevalence of illegal parking on-site to service other uses within the vicinity was creating a car parking issue for the existing pharmacy. The paid car park has been managed by a private operator.

 

It is noted that the paid car parking use has continued to operate following 20 December 2016, being the expiration of the five year approval period. The City brought the matter to the attention of the landowner and the applicant has subsequently sought to amend the terms of the previous approval to enable the continuation of the paid car park use.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent Local Planning Scheme No. 2 (LPS2). In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use

 

ü

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

 

Land Use

Deemed-to-Comply Standard

Proposal

Local Planning Scheme No. 2

 

‘P’ Use

 

 

Car Park ‘D’ Use

 

The above element of the proposal does not meet the specified deemed-to-comply standards and is discussed in the Comments section below.

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, for a period of 14 days commencing on 25 May 2018 to 7 June 2018. Community consultation was undertaken by means of written notifications being sent to surrounding landowners (as shown in Attachment 1) and a notice on the City’s website. At the conclusion of the community consultation period, no submissions were received.

Design Advisory Committee (DAC):

Referred to DAC:            No

 

The proposal relates to a land use issue and does not involve any proposed built form development.

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.1.1 – Built Form Policy.

Delegation to Determine Applications:

This matter is being referred to Council as the proposal was previously determined by Council and the application is seeking an extension of time to the previous approval.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

Land Use

 

The subject site is zoned Commercial under LPS 2 and is located in the Activity Corridor area under the City’s Policy NO. 7.1.1 – Built Form. The maximum number of storeys permissible in this built form area is six storeys with a nil setback on primary and secondary streets for the first three storeys. The existing pharmacy with associated 25 parking bays is a single storey retail development, with the building located in the south-eastern corner of the site. It is noted that future redevelopment of the site will be required to reflect the City’s desired built form and scale ultimately intended for this location under Policy No. 7.1.1 – Built Form. Notwithstanding this, the subject application relates to the paid car parking of this existing development only.

 

The proposal to use 18 of the existing 25 car bays on the subject site for five years as paid car parking is considered acceptable and will not have a detrimental impact for the following reasons:

 

·       Condition 3.3 of the previous approval is as follows:

1.             “The paid parking is subject to the operation of the existing pharmacy. Should the pharmacy use cease, or the property be sold, the paid parking situation shall also cease operation and all associated signage and pay machines shall be removed within twenty-eight (28 days).”

2.             This effectively ties the paid car parking use to the operation of the existing pharmacy and means that once the pharmacy use ceases, as will the paid parking.

·       It is not anticipated that the paid car parking will become a long term commercial use given the attractiveness of the site for redevelopment. In this way and should the future planning for the site progress within the term of the five (5) years approval for the paid car parking, it is anticipated that the landowner will seek to optimise the development potential for this site and develop the site consistent with the desired built form for this area.

·       The existence of this land use and the five year approval being sought does not preclude or prejudice the land from being redeveloped for a more intensive Commercial land use if the landowner chooses to do so.

·       The application does not propose any changes to the existing built form and therefore does not detrimentally affect the existing amenity of the site.

·       No objections were received during the advertising of this application and there have been no complaints about the car parking land use in the time period in which the car park has been operating.

 

On this basis, the continuation of the land use, while not representative of the built form and scale the City ultimately intends in this location, is considered to be a suitable interim use, and the proposed time extension to the existing approval for a further five years for the paid car park use should be supported.

 

Typographical Error in Condition 3.4 of Previous Approval

 

It is acknowledged that the previous approval had a typographical error in relation to the operating times for the car park on Fridays and Saturdays, denoting the closing time for the car park on these two days as being “12:00pm”. It is recommended that this error should be rectified and the condition be amended to reflect the closing time of “12:00am” should the approval be granted.

 

Landscape and Car Park Layout Plan

 

As part of this application seeking an extension of time to the approval period for the paid car park land use, the applicant has taken the opportunity to demonstrate compliance with Conditions 2.4 and 5.2 of the previous approval. Specifically, these conditions related to:

 

·       The provision of a seventh car bay that is solely dedicated for the existing shop (pharmacy) and not subject to parking fees; and

·       The provision of three shade trees being provided in the open car parking area, including detailing the tree species and proposed watering management system.

 

These matters are reflected in the revised Landscaping and Car Park Layout Plan submitted to the City and as contained in Attachment 3. The car parking layout denotes a seven car parking bays being allocated solely for the existing pharmacy use. The information provided with respect to the shade trees was referred to the City’s Parks Services for comment and it was recommended that the landscaping plan be revised to indicate replacement of the nominated tree species of Robinia pseudoacacia (Robinia) with the recommended tree species of Platanus orientalis (Oriental Plane) in the three locations noted on the plan. With respect to the watering system of hand watering, Parks Services also noted that this will be acceptable provided that a weekly schedule be put in place as proposed. In lieu of the trees not being hand watered on a weekly basis, Parks Services recommended that the trees be placed on a reticulation scheme.

 

The Landscaping and Car Park Layout Plan submitted is considered to adequately address Conditions 2.4 and 5.2 of the previous approval, provided that a condition be imposed requiring the species of trees to be Platanus orientalis (Oriental Plane).

 

Conclusion

 

In light of the above assessment, it is recommended that the application for development to allow for an extension of time for the existing paid car park land use, the requested correction to the previous condition of approval relating to operating times, and the revised Landscaping and Car Park Layout Plan subject to the requirement to change the nominated species be approved.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 


 


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                              17 July 2018


 


 

 


Council Briefing Agenda                                                                                            17 July 2018

5.3          No. 12 - 16 Cleaver Street, West Perth - Proposed Change of Use from Warehouse Storage/Office to Reception Centre/Exhibition Centre/Office/Warehouse Storage

TRIM Ref:                  D18/82892

Author:                     Stephanie Norgaard, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Location and Consultation Map

2.       Attachment 2 - Development Plans

3.       Attachment 3 - Development Application Report

4.       Attachment 4 - Car Parking Management Plan

5.       Attachment 5 - Summary of Submissions

6.       Attachment 6 - Applicant's Response to Summary of Submissions

7.       Attachment 7 - Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the Change of Use from Office/Warehouse Storage to Reception Centre/Exhibition Centre/Office/Warehouse Storage at Nos. 12 – 16 (Lot: 26; D/P: 13767) Cleaver Street, West Perth, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 7:

1.       Use of Premises

1.1     The development shall be used in accordance with the definition of ‘Reception Centre’, ’Exhibition Centre,’ ‘Warehouse Storage’ and ‘Office’ as set out in the City’s Local Planning Scheme No. 2;

1.2     The number of persons attending the Reception Centre/Exhibition Centre at any one time shall be limited to 100 persons; and

1.3     The operating hours of the Reception Centre/Exhibition Centre shall be limited from 5:30pm to 12:00am Fridays and Saturdays and 8:00am to 11:00pm Sundays;

2.       Acoustic Report

2.1     An Acoustic Report, in accordance with the City's Policy No. 7.5.21 – Sound Attenuation and to the satisfaction of the City, shall be lodged with and approved by the City prior to the commencement of the use of the development. All of the recommended measures included in the approved Acoustic Report shall be implemented as part of the development, to the satisfaction of the City prior to the commencement of the use of the development; and

2.2     Certification from an acoustic consultant shall be provided to the City that the recommended measures identified in the approved Acoustic Report have been undertaken to the City’s satisfaction, prior to occupancy or use of the development;

3.       Venue Management Plan

Prior to the commencement of the Reception Centre/Exhibition Centre use, a Venue Management Plan shall be submitted to and approved by the City. The Venue Management Plan shall detail how the development will operate, including management of patrons before and after attendance at events on the site, and shall address noise and anti-social behaviour to the satisfaction of the City. The premises shall operate in accordance with the approved Venue Management Plan;

 

 

4.       External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and screened from view from the street, and where practicable from adjoining buildings; and

5.       General

Conditions that have a time limitation for compliance, and the condition is not met in the required timeframe, the obligation to comply with the requirements of the condition continues whilst the approved development exists.

 

Purpose of Report:

To consider an application for development approval for a change of use from Office/Warehouse Storage to Reception Centre/Exhibition Centre/Office/Warehouse Storage for a tenancy located at Nos. 12 – 16 Cleaver Street, West Perth (subject site).

PROPOSAL:

This application proposes to change the use of the subject tenancy from Office/Warehouse Storage to Reception Centre/Exhibition Centre/Office/Warehouse Storage. The change of use will allow the applicant to host private events and functions.

 

The Reception Centre/Exhibition Centre is proposed to operate Fridays and Saturdays 5:30pm to 12:00am and Sundays 8:00am to 11:00pm with a maximum capacity of 100 persons. The applicant intends to use the Reception Centre/Exhibition Centre to host creative events for Cleaver Street and Co., which is the applicant’s business that is focused on creative industries and supporting local projects in the arts. The Reception Centre/Exhibition Centre will also be available for private rental from the public. The applicant has provided the following examples of the types of events that they intend on hosting:

 

·      Art and photography exhibitions;

·      Video and short film screenings;

·      Project launches;

·      Presentations, talks and workshops; and

·      Social events and fundraising nights.

 

The tenancy has been used as an Office, specifically a shared office and co-working space, and as Warehouse Storage. The applicant uses approximately 20 square metres of the tenancy to store stock for the applicant’s coffee shop located at 50 Cleaver Street, West Perth. The applicant intends to continue to use the premises as an Office and Warehouse Storage during the week.

 

The applicant does not propose any physical works to the exterior of the building. The applicant’s development plans are included as Attachment 2. The applicant has also provided an application report and parking management plan, which are included as Attachment 3 and Attachment 4, respectively.

Background:

Landowner:

Anita Percudani

Applicant:

Cade Elington

Date of Application:

3 May 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Commercial

Built Form Area:

Mixed Use

Existing Land Use:

Office/Warehouse Storage

Proposed Use Class:

Reception Centre/Exhibition Centre/Office/Warehouse Storage

Lot Area:

1,682m² (tenancy 273.2m²)

Right of Way (ROW):

No

Heritage List:

No

The subject site is legally described as Nos. 12 - 16 Cleaver Street, West Perth, which comprises of four separate lots (being Lots 26, 27, 102, 103) with a combined area of 4,454 square metres. This application relates to Lot 26 only, which contains four separate premises. Of the four premises located on Lot 26, this application relates to the premises commonly known as No. 14 Cleaver Street, West Perth (the subject tenancy).

 

The subject tenancy is an existing warehouse which is built boundary to boundary, as shown on the location map included as Attachment 1. The site has a single frontage to Cleaver Street to the west and is bound to the north, south and east by warehouses. The broader locality is characterised by a mix of uses including offices/warehouses, vehicle sales and repair premises, recreation centre and a place of worship. The subject site and the surrounding area are zoned ‘Commercial’ under the City’s Local Planning Scheme No. 2 (LPS2).

 

A ‘Warehouse Storage’ is a discretionary use within the Commercial zone. The subject site was under the management and control of the City of Perth until 2007. The City was unable to obtain any records of when the site was originally approved or constructed as a warehouse. Notwithstanding this, the applicant has advised that the tenancy has been used as an Office and Warehouse Storage since July 2016 and intends to continue to use the site as an Office/Warehouse Storage. An ‘Office’ is a permitted use within the Commercial zone under LPS2. In accordance with Clause 61(2)(b) in the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, the Office component of the development is exempt from development approval.

 

This application proposes to change the use of the subject tenancy to also permit Reception Centre and Exhibition Centre. It is noted that the applicant sought an approval for a ‘Community Hall’ in their application, however, the land use is not defined in LPS2. It is considered that the activities intended to be undertaken by the applicant most reasonably falls within the definitions of Reception Centre and Exhibition Centre. This has been discussed with the applicant and support this.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent LPS2. In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use

 

ü

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

 

Land Use

Deemed-to-Comply Standard

Proposal

Local Planning Scheme No. 2

 

“P” Use

 

 

Reception Centre ‘D’ Use

 

Exhibition Centre ‘D’ Use

 

The above element of the proposal does not meet the specified deemed-to-comply standards and is discussed in the Comments section below.

Consultation/Advertising:

Community consultation on the proposal was undertaken in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, for a period of 14 days from 8 June 2018 to 21 June 2018. The method of consultation being 63 letters mailed to all owners and occupiers of the properties adjoining or adjacent to Nos. 12 – 16 Cleaver Street, West Perth, and the other premises located on Nos. 12 – 16 Cleaver Street, West Perth, as shown in Attachment 1, in accordance with the City’s Policy No. 4.1.5 – Community Consultation.

The City received two submissions in support of the proposal, two submissions objecting to the proposal and one submission expressing concerns during the community consultation period. The submissions raising concerns and objecting to the proposal raised the following issues:

 

·       Inadequate car parking;

·       Anti-social behaviour; and

·       Noise generated by the development.

 

Administration’s response to each issue raised during the community consultation period is contained in Attachment 5 and the applicant’s response is provided in Attachment 6.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       Perth Parking Management Act 1999;

·       City of Vincent Local Planning Scheme No. 2;

·       Perth Parking Policy 2014; and

·       Policy No. 4.1.5 – Community Consultation.

 

In accordance with Schedule 2 Clause 76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 and Part 14 of the Planning and Development Act 2005, the applicant will have the right to apply to the State Administrative Tribunal for a review of Council’s determination.

 

Local Planning Scheme No. 2 (LPS2)

 

LPS2 includes the following objectives for the Commercial zone:

 

·       To facilitate a wide range of compatible commercial uses that support sustainable economic development within the City.

·       To ensure development design incorporates sustainability principles, with particular regard to waste management and recycling and including but not limited to solar passive design, energy efficiency and water conservation.

·       To maintain compatibility with the general streetscape, for all new buildings in terms of scale, height, style, materials, street alignment and design of facades.

·       To ensure that development is not detrimental to the amenity of adjoining owners or residential properties in the locality.

 

A Reception Centre and an Exhibition Centre are discretionary uses under the LPS2 and requires the Council to exercise discretion when approving the uses.

 

Perth Parking Management Act 1999

 

The subject lot is located within the Perth Parking Management Act 1999, which establishes the Perth Management Plan Area and the Perth Parking Policy 2014. The Perth Parking Policy 2014 introduces maximum parking limits to all land located within the Perth Management Plan Area. The City’s Policy No. 7.7.1 – Non-Residential Development Parking Requirements does not apply to land located within the Perth Management Plan Area.

 

The subject lot is located within a ‘Category 4’ area under the Perth Parking Management Plan 2014, which requires a maximum of 200 car bays per 10,000m2 of lot area. This means that the subject lot is permitted to provide a maximum of 34 car bays for the four tenancies. The subject lot contains nil on-site car bays, which meets the requirements of the Perth Parking Policy 2014.


 

Delegation to Determine Applications:

This matter is being referred to Council as the development proposes a new ‘Reception Centre’ and ‘Exhibition Centre’ and the CEO has not been delegated the authority to determine new ‘Reception Centre’ and ‘Exhibition Centre’ land uses.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine an application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

Land Use

 

The subject site and surrounding area is zoned Commercial under LPS2. The proposal has been considered against the objectives of the Commercial zone as follows:

 

·      The immediate vicinity surrounding the subject site is characterised by a mix of commercial development. This includes warehouse/office, vehicle sales and repair premises, recreation centre and a place of worship. The subject site is located approximately 75 metres south of the closest residential dwellings and separated by Newcastle Street. Based on the established commercial nature of the surrounding development, the development is considered a compatible use for the locality.

·      The development will re-use an existing building on-site with minor modifications and upgrades proposed to the interior of the building. The adaptive re-use of an existing building is considered to support sustainable economic development. The development also proposes no alterations to the existing façade of the building, ensuring that the development will maintain the existing streetscape character and amenity of Cleaver Street.

 

On this basis, the proposal is considered to be consistent with the objectives of the Commercial zone under the LPS2, which envisions a wide range of compatible commercial uses that support sustainable economic development.

 

Building and Health Considerations

 

The City’s Building Services and Health Services have reviewed the application and provided advice to the applicant on the building permit and public building requirements, should the change of use application be approved. The applicant is aware of the building and health requirements and has advised that the subject site is capable of complying with these relevant requirements.

 

The development is also considered to be an appropriate scale given the floor area of the tenancy and the proposed number of patrons. The City’s Health Services has advised that the proposed floor area of 273 square metres could accommodate up to 200 persons, should the applicant be able to provide a compliant number of exits and bathrooms. Nonetheless, the applicant is seeking approval to accommodate up to 100 patrons and a condition reflecting this has been recommended to be imposed as part of a development approval.

Car Parking

 

Submissions received during the community consultation period raised concerns relating to the development’s impact on the available on-street car parking. Though the subject site provides nil on-site car bays, this is compliant with the requirements of the Perth Parking Management Plan 2014 which permits nil car parking bays to be provided within the Perth Management Plan Area.

 

Notwithstanding the development’s compliance with the Perth Parking Management Plan 2014, Administration considers that parking availability and alternative modes of transport to the site is adequate based on the following:

 

·       The subject tenancy has access to public transport via the Newcastle Street high frequency bus route, which is located 50m north of the site.

·       The subject tenancy has access to approximately 19 on-street car bays located within the immediate vicinity along Cleaver Street. These car bays are subject to time limited parking restrictions between 8:00am to 5:30pm Monday to Friday and 8:00am to 12:00pm Saturday only. This means that the car bays will be unrestricted during the proposed hours of operation.

·       A high intensity use of the site is proposed on Friday and Saturday evenings and Sunday day and evening, at the same time as the lowest intensity use of the on-street parking along Cleaver Street. These times are ‘off‑peak’ when most of the businesses in the area are not in operation, with the exception of the nearby recreation centre which operates until 8:00pm.

·       Though the Perth Parking Management Plan 2014 does not provide any requirements for long term or short term bicycle bays, the applicant has outlined that there is the opportunity to provide six short term and six long term bicycle bays within the development. This provision of additional bicycle facilities enables staff and patrons to cycle to the site as an alternative mode of transport.

 

The applicant has also submitted a parking management plan, which is contained in Attachment 4.

 

Noise

 

A submission received during community consultation raised concerns relating to the noise impact of the use on the nearby properties. The hours of operation proposed by the applicant will minimise the impact of any noise generated by the development on any nearby commercial properties due to their differing operating hours, whilst the nearest residential dwellings are separated from the site by other commercial tenancies and Newcastle Street. It is also noted that the application does not propose any amplified live music being played from the tenancy. Nonetheless, the development will be required to comply with the Environmental Protection (Noise) Regulations 1997. In order to ensure this occurs, a condition is recommended to be imposed in the development approval requiring an acoustic report to be prepared and for any required measures to be implemented prior to the commencement of the use of the development.

 

Anti-Social Behaviour

 

A submission received during community consultation raised concerns relating to the potential for anti-social behaviour from patrons exiting the development. To assist in managing the 100 patrons that may be in attendance at the tenancy at any one time and that potentially will be exiting the premises at the conclusion of an event, a venue management plan is recommended to be imposed as a condition of development approval. The venue management plan will outline how the operators will manage its patrons before and after attendance at events on the site and to address any anti-social behaviour. The venue management plan is recommended to be provided to the City prior to the commencement of the use of the development.

 

Conclusion

 

The proposal is considered to be an appropriate use for the site, given the commercial character of the area, and the re-use of the existing warehouse building. The proposal is consistent with the objectives of the Commercial zone under the LPS2 and the parking requirements of the Perth Management Plan 2014. As such, it is recommended that the application be approved subject to conditions.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                              17 July 2018


Council Briefing Agenda                                                                                              17 July 2018

 


Council Briefing Agenda                                                                                            17 July 2018

5.4          No. 47 (Lot: 502; D/P: 50409) Jugan Street, Mount Hawthorn - Proposed Five Grouped Dwellings

TRIM Ref:                  D18/83209

Author:                     Fiona Atkins, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        North

Attachments:             1.       Attachment 1 - Location and Consultation Plan

2.       Attachment 2 - Development Plans (received 25 June 2018)

3.       Attachment 3 - Summary of Submissions - Officer Comments

4.       Attachment 4 - Summary of Submissions - Applicant Comments

5.       Attachment 5 - Acoustic Report

6.       Attachment 6 - Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the proposed Five Grouped Dwellings at No. 47 (Lot: 502; D/P: 50409) Jugan Street, Mount Hawthorn, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 5:

1.       Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary (parapet) wall in a good and clean condition prior to occupation or use of the development. The finish of the wall are to be fully rendered or face brickwork to the satisfaction of the City;

2.       External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and screened from view from the street, and surrounding properties to the satisfaction of the City;

3.       Construction Management Plan

A Construction Management Plan that details how the construction of the development will be managed to minimise the impact on the surrounding area, to the satisfaction of the City, shall be lodged with and approved by the City prior to the commencement of the development. The Construction Management Plan shall be prepared in accordance with the requirements of the City’s Policy No. 7.5.23 – Construction and include traffic and parking management requirements during construction. Construction on and management of the site shall thereafter comply with the approved Construction Management Plan;

4.       Stormwater

All stormwater produced on the subject land shall be retained on site, by suitable means to the full satisfaction of the City;

5.       Schedule of External Finishes

Prior to the commencement of development, a detailed schedule of external finishes (including materials and colour schemes and details) shall be submitted to and approved by the City. The development shall be finished in accordance with the approved schedule prior to the use or occupation of the development;

 

 

6.       Verge Tree

No verge trees shall be removed without prior written approval from the City. The verge trees shall be retained and protected from any damage including unauthorised pruning, to the satisfaction of the City;

7.       Clothes Drying Facility

All external clothes drying areas shall be adequately screened in accordance with State Planning Policy 3.1: Residential Design Codes prior to the use or occupation of the development and shall be completed to the satisfaction of the City;

8.       Landscape and Reticulation Plan

8.1     A detailed landscape and reticulation plan for the development site and adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City prior to commencement of the development. The plan shall be drawn to a scale of 1:100 and show the following:

·       The location and type of existing and proposed trees and plants;

·       Areas to be irrigated or reticulated; and

·       The provision of 15 percent of the site area as deep soil zones and 30 percent canopy cover at maturity; and

8.2     All works shown in the plans as identified in condition 8.1 above shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;

9.       Car Parking and Access

9.1     The car parking and access areas shall be sealed, drained, paved and line marked in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to occupancy or use of the development;

9.2     Vehicle and pedestrian access points are required to match into existing footpath levels; and

9.3     All new crossovers shall be constructed in accordance with the City’s Standard Crossover Specifications; and

10.     General

Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists.

 

Purpose of Report:

To consider an application for development approval for five grouped dwellings at No. 47 Jugan Street, Mount Hawthorn (subject site).

PROPOSAL:

The application proposes the development of five, two-storey grouped dwellings facing Leeder Street. The vehicle access/egress for the grouped dwellings will be via a shared common driveway along the rear of the subject site accessible from Jugan Street. The proposal incorporates two parking bays per unit and no visitor parking bays, as displayed in Attachment 2.

Background:

Landowner:

Lucia Anna Stott

Applicant:

New Country Dev Pty Ltd

Date of Application:

4 April 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Residential         R Code: R100

Built Form Area:

Residential

Existing Land Use:

Single House

Proposed Use Class:

Grouped Dwellings

Lot Area:

891m²

Right of Way (ROW):

No

Heritage List:

No

 

The subject site is a corner lot, located at the intersection of Jugan Street and Leeder Street, which terminates at a cul-de-sac. The site abuts a single storey dwelling to the North, and a church is located across Leeder Street to the South. The church is the only other development on Leeder Street.  The subject site abuts vacant land to the West, which then immediately abuts the Mitchell Freeway. The subject site and the neighbouring sites along Jugan Street are zoned R100, however the sites along the opposite side of Jugan Street are zoned R60. The site and surrounding area are characterised by a mix of single and grouped dwelling developments ranging from one to three storeys in height. A location plan is included as Attachment 1.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent Local Planning Scheme No. 2 (LPS2), the City’s Policy No. 7.1.1 – Built Form and the State Government’s Residential Design Codes.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Density/Plot Ratio

ü

 

Street Setback

ü

 

Lot Boundary Setback

 

ü

Front Fence

ü

 

Building Setbacks/Boundary Wall

ü

 

Building Height/Storeys

ü

 

Open Space

ü

 

Outdoor Living Areas

 

ü

Landscaping

ü

 

Privacy

ü

 

Parking & Access

 

ü

Solar Access

ü

 

Site Works/Retaining Walls

ü

 

External Fixtures, Utilities and Facilities

 

ü

Surveillance

ü

 

 


 

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

Lot Boundary Setbacks and Walls Built on Boundary

Deemed-to-Comply Standard

Proposal

Clause 5.3 of Built Form Policy and 5.1.3 of the R Codes

 

West

 

Unit 1:

Upper Floor

Whole wall

Setback Required = 2.2m

 

Ground floor

Kitchen to living room wall

Setback Required = 1.5m

 

 

 

West

 

Unit 1:

Upper Floor

Whole wall

Setback Provided = 1.3m – 1.7m

 

Ground floor

Kitchen to living room wall

Setback Provided = 1.017m – 1.5m

Outdoor Living Areas

Deemed-to-Comply Standard

Proposal

Clause 5.3.1 of the R Codes

 

In accordance with Table 1 of the R Codes, each of the five grouped dwelling is required to have a 16 metre squared outdoor living area that must be:

 

·       Behind the street setback area;

·       Directly accessible from a habitable room of the dwelling;

·       Minimum length and width dimensions of 4m;

·       To have at least two-thirds of the required area without permanent roof cover.

 

 

The outdoor living areas are all located behind the street setback area and are accessible from habitable rooms. The outdoor living areas present the following variations:

 

Unit 1:

Balcony

Minimum dimension: 3.8m

Area without permanent roof cover: Nil

 

Unit 2:

Balcony

Minimum dimension: 3.8m

Area without permanent roof cover: Nil

 

Unit 3:

Balcony

Minimum dimension: 3.8m

Area without permanent roof cover: Nil

 

Unit 4:

Balcony

Minimum dimension: 3.8m

Area without permanent roof cover: Nil

Parking and Access

Deemed-to-Comply Standard

Proposal

Clause 5.3.3 Parking of the R Codes

 

1 visitor car bay provided on site

 

 

No visitor car bay provided on site

Clause 5.3.4 Design of car parking spaces

 

Required dimensions for carbays with obstructions to both sides: 5.6m wide x 5.5m long

 

 

Proposed: 5.4m wide x 5.4m long


 

External fixtures, utilities and facilities

Deemed-to-Comply Standard

Proposal

Clause 5.4.4 External fixtures, utilities and facilities

 

An enclosed, lockable storage area, constructed in a design and material matching the dwelling where visible from the street, accessible from outside the dwelling, with a minimum dimension of 1m when provided within a garage and an internal area of at least 4m2 for each grouped dwelling.

 

 

Unit 2:

Store

Minimum dimension: 0.80 metres

 

Unit 3:

Store

Minimum dimension: 0.80 metres

 

Unit 4:

Store

Minimum dimension: 0.80 metres

 

Unit 5:

Store

Minimum dimension: 0.80 metres

 

The above elements of the proposal do not meet the specified deemed-to-comply standards and are discussed in the comments section below.

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, for a period of 14 days commencing on 14 June 2018 to 27 June 2018. Community consultation was undertaken by means of written notifications being sent to surrounding landowners, as shown in Attachment 4, and a notice on the City’s website. At the conclusion of the community consultation period, three submissions were received by the City comprising of one objection and two raising concerns. The main issues raised as part of the consultation relate to:

 

·       Concerns that workmen at the site and visitors to the completed development will park in the Church’s parking bays. The Church has an Adoration Chapel that is open 24 hours a day, 7 days a week, therefore there are often parishioners coming and going at various times of day and night.

·       Concerns regarding the lack of landscaping proposed on site, particularly as the City of Vincent is encouraging development with more green spaces.

·       Concerns regarding visual privacy from the rear balconies.

·       Concerns regarding the lack of visitor parking and the dimensions of the proposed garages, which could lead to street parking.

 

A summary of the submissions and Administrations comments on each is included as Attachment 3. The applicant has also provided responses to the submissions received and this is included as Attachment 4.

Design Review Panel (DRP):

Referred to DRP:            Yes

 

The application was referred to the DRP for comments on the 27 April 2018. The comments received can be summarised as follows:

 

·       Consider more articulation between the dwellings so that they look more like individual dwellings.

·       Consider tandem parking to reduce the bulk of garages, potentially from two crossovers at Leeder Street. This would allow for north facing outdoor living areas and allow the dwellings to have better frontage to the primary street.

·       Consider bringing the brickwork to the ground to emphasise the townhouse look. The gable end design elements could be further developed and emphasised to provide rhythm and provide a sense of individual identity for each of the townhouses.

·       Unit 5 is a prominent unit on the corner. It needs to be carefully considered, perhaps with its own design elements to depart from the repetition of the adjacent units.

·       Fencing is continuous and repetitive. Consider how the fence could be more informed and altered by redesign of the proposal; potentially reduced in height and made more visually permeable.

·       Concerns regarding the lack of response to the north facing aspect and Jugan Street, including an unattractive facade to the driveway.

·       Reconsider the orientation of the outdoor living areas to face north. The dimensions of the outdoor living areas need to be revised and compliant with the requirements of the R Codes. Consider flipping the design to provide private, rear courtyards.

·       The site does not allow for the planting of mature trees to achieve canopy cover. Increase canopy cover to enhance the amenity of residents. Consider using native tree and shrub species to enhance local biodiversity.

 

Subsequently, the applicant lodged amended plans on 29 May 2018 to address the above comments. The amended plans provided were considered to adequately satisfy the comments of the DAC and no further referrals were undertaken. These plans were advertised to the surrounding land owners on the 14 June 2018, as detailed above.

 

In further discussions with the City, the applicant agreed to consider adding additional material details to the northern aspect of the dwellings and further landscaping to the site. On the 25 June 2018, the applicant submitted plans detailing amendments to the materials and landscaping. These plans constitute the final submitted development plans, and are the subject of this report.

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       State Planning Policy 3.1 – Residential Design Codes;

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.1.1 – Built Form Policy.

Delegation to Determine Applications:

The matter is being referred to Council as a development of more than three grouped dwellings is not able to be determined under Delegated Authority, as per Part 6.2 of the City of Vincent’s Delegated Authority Register.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.


 

Comments:

Lot Boundary Setbacks

 

Western boundary

 

The proposal involves lot boundary setback variations for both the upper and ground floor of the western wall. The upper floor provides a 1.3 metres to 1.7 metres setback in lieu of the required 2.2 metres. The ground floor is set back 1.017 metres to 1.5 metres in lieu of the required 1.5 metres. In considering this matter, the following is relevant:

 

·       The lack of major openings on the upper floor wall will limit the potential for visual privacy implications.

·       The setback variation for the ground floor is relatively minor, and will be mitigated by the provision of a standard 1.8 metre residential dividing fence.

·       No objections to the setback variation were received from the owners of the abutting property.

 

Based on the above, the setback variations are considered acceptable.

 

Outdoor Living Areas

 

The proposal does not comply with the requirements of the R Codes for outdoor living areas as the balconies do not meet the minimum dimension of 4 metres and they are all completely covered. The balconies for units 1 to 4 have a minimum dimension of 3.8 metres in lieu of the required 4 metres, however this variation is considered to be mitigated by the fact that each of these balconies exceed the minimum size requirement for outdoor living areas for dwellings on an R100 site (being 16 square metres), with the outdoor living areas ranging from a total area of 19.9 to 38.1 square metres.

 

The outdoor living areas for units 1 to 4 have no portion that is uncovered, in lieu of the required minimum two-thirds uncovered. In considering this matter, the following is relevant:

 

·       They are accessed from habitable rooms of the dwelling.

·       The open nature of the balconies and their north facing aspect means that they will be open to winter sun and ventilation.

·       The manner in which the balconies are raised above the natural ground level allows them to optimise the full extent of the northern aspect of the site.

 

In light of the above, the proposed outdoor living areas are considered to meet the Design Principles and are therefore considered acceptable.

 

Parking and Access

 

The proposal does not comply with the requirements of the R Codes for visitor parking, providing no parking bays in lieu of the one parking bay required. In considering this matter, the following is relevant:

 

·       Leeder Street provides no access to the bike path located adjacent to Mitchell Freeway.

·       There are a number of car parking bays constructed within the Leeder Street verge.

·       Given the low volumes of traffic, Leeder Street is able to accommodate on-street parking, particularly given the only other development in the cul-de-sac being a church.

·       The subject site is located approximately 450 metres away from Glendalough train station and 600m away from the bus stop at Anzac Road before Powis Street, which is serviced by a bus every 8 to 10 minutes in peak hour. It is considered that the subject site is well serviced by public transport which will assist in mitigating the lack of a visitor bay.

 

Based on the above, the lack of a visitor parking bay is not considered to have a negative impact on the locality and is able to be supported.

 

The design of the double garage proposes minor variation to the dimensions of the car parking bays as per the requirements of Australian Standard 2890.1, which requires 5.6 metre wide x 5.5 metre long car bays within a double garage. The development proposes 5.4 metre wide x 5.4 metre long car bays within the double garage, a variation of 0.2 metres to the width and 0.1 metre to the length. These variations are considered to be minor, and as the garages are for the private use of the residents of each dwelling, it is reasonable that these minor variations to the size of the car bays will be able to be managed by the residents of the property.

In light of the above, the variations to the size of the car bays within the double garages are considered to be reasonable, and are recommended for approval.

 

External fixtures, utilities and facilities

 

The proposal includes a store room area within the garage for each of the five grouped dwellings. The store rooms provide the minimum area of four metres square, however they do not all meet the minimum dimension of 1 metre, with the store rooms for units two to five having a minimum dimension of 0.8 metre. This variation is considered to be minor, with the store rooms still convenient for residents, are screened from view and can be secured and managed within the garage area. As such, the proposal is considered to meet the Design Principles and therefore the variation is considered to be acceptable.

 

Landscaping

 

The proposal does not comply with the Built Form Policy’s requirements for landscaping, proposing 12 percent deep soil zone in lieu of the required 15 percent, however the applicant has met the 30 percent canopy cover requirements, proposing 31.33 percent canopy. The proposed landscaping responds to the relevant design principles through the provision of tree canopy and deep soil zones that will contribute to the City’s green canopy and will reduce the impact of the development on the surrounding residential area.

 

Notwithstanding the proposed variation to the deep soil zone requirement, it is considered that the site can reasonably achieve the required 15 percent, and as such, it will be recommended that a condition be imposed requiring the submission of amended plans to the effect.

 

Acoustic Report

 

Due to the proximity of the subject site to the Mitchell Freeway, the applicant has provided an acoustic report prepared by Resonate Consultants, dated 2 July 2018, in accordance with the requirements of State Planning Policy 5.4 Road and Rail Noise.

 

An acoustic report was requested to ensure that any noise attenuation measures required to be implemented at Building Permit stage would not require changes to the design of the proposed dwellings. The City’s Administration have assessed the acoustic report and concluded that, while some noise attenuation measures have been recommended such as thicker glazing on windows, the recommended measures will have no impact on the proposed design of the dwellings.

 

In light of this information, it is clear that the noise attenuation requirements for the proposed dwellings will have no impact on the design, and therefore will have no impact on the recommendation for planning approval of this development.

 

Conclusion

 

The proposal requires Council to exercise its discretion in relation to the proposed lot boundary setbacks, outdoor living areas, parking and access and store rooms. For the reasons outlined in the above report, the development is considered to address the Local Housing Objectives and Design Principles of the City’s Built Form Policy and the R Codes respectively. The proposal incorporates a range of materials and finishes which are considered to be a reinterpretation of the existing streetscape. The external appearance of the proposal and the materiality incorporated are considered to significantly reduce the perception of building bulk. In light of this, it is recommended that the application be approved subject to conditions.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


 


 


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                              17 July 2018

 


Council Briefing Agenda                                                                                            17 July 2018

5.5          Nos. 340 & 342 (Lot: 1; D/P: 9897) Newcastle Street, Perth - Alterations and Additions to Unlisted Use (Lodging House)

TRIM Ref:                  D18/85651

Author:                     Clair Morrison, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Location and Consultation Plan

2.       Attachment 2 - Development Plans

3.       Attachment 3 - Written Statement

4.       Attachment 4 - Management Plan

5.       Attachment 5 - Parking Management Plan

6.       Attachment 6 - Summary of Submissions and Administrations Response

7.       Attachment 7 - Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for development approval for alterations and additions to unlisted use (lodging house) at No. 340-342 (Lot: 1; D/P: 9897) Newcastle Street, Perth, in accordance with the plans shown in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 7:

1.       Use of Premises

A maximum of 64 persons are permitted to reside at the premises at any one time;

2.       Car Parking and Access

Five parking bays shall be provided on-site, as depicted on the approved plan to the satisfaction of the City;

3.       Front Fence

The area of the fence 1.0 metres above natural ground level shall provide a minimum of 50 percent visual permeability to the street;

4.       External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and screened from view from the street, and surrounding properties to the satisfaction of the City;

5.       Stormwater

All stormwater produced on the subject land shall be retained on site, by suitable means to the full satisfaction of the City; and

6.       General

Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists.

Purpose of Report:

To consider an application for development approval for alterations and additions to an Unlisted Use (lodging house) at Nos. 340-342 Newcastle Street, Perth.

PROPOSAL:

The application proposes alterations and additions to an Unlisted Use (lodging house). Specifically, this application incorporates the following:

 

·       the enclosure of the rear alfresco area for the purpose of providing two additional bedrooms;

·       the renovation of the existing front alfresco facing Newcastle Street, including the replacement of the existing front fence; and

·       the increase in occupancy capacity from 48 persons to 64 persons.

 

As shown in the plans included in Attachment 2.

Background:

Landowner:

Wayne Brennan

Applicant:

Joel Medalia

Date of Application:

25 May 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Commercial

Built Form Area:

Activity Corridor

Existing Land Use:

Unlisted Use (Lodging House)

Proposed Use Class:

N/A

Lot Area:

3,494.6m²

Right of Way (ROW):

No

Heritage List:

No

 

The subject site is located at No. 340-342 Newcastle Street, Perth, on the corner of Newcastle Street and Pendal Lane. The subject site comprises a two-storey building, with vehicle access from Pendal Lane and pedestrian access from Newcastle Street. The location plan is included in Attachment 1. The site has operated as a lodging house since the original approval was issued by the City of Perth at the October 1989 Special Meeting of Council.

 

The subject site is zoned Commercial under the City of Vincent Local Planning Scheme No. 2 (LPS2). The site adjoins multiple dwellings to the north and offices to the east and west. The City’s records indicate that three noise complaints have been received since 2007 and a total of six have been received since 2000.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent LPS2, the City’s Policy No. 7.1.1 – Built Form and the State Government’s Residential Design Codes.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use

ü

 

Ground Floor Design

 

ü

Privacy

ü

 

Parking & Access

 

ü

Bicycle Facilities

ü

 

External Fixtures

ü

 

Surveillance

ü

 

Communal Open Space

ü

 

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

 

Ground Floor Design

Deemed-to-Comply Standard

Proposal

Front fences are not permitted

Replacement of the existing front fence

Parking and Access

Deemed-to-Comply Standard

Proposal

No minimum parking requirements

The retention of five existing parking spaces

 

The above element of the proposal does not meet the specified deemed-to-comply standards and is discussed in the comments section below.

Consultation/Advertising:

The proposed alterations and additions was advertised between 14 June and 28 June 2018 for a period of 14 days. In accordance with the Policy No. 4.1.5 – Community Consultation, the methods of advertising included a sign on site, newspaper advertisement in The Voice, letters distributed to adjoining landowners and plans being published on the City’s webpage.

 

The City received two submissions, one in support and one objecting to the proposal. The objection raised concerns with noise and anti-social behaviour. This is addressed in the later of the report.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       State Planning Policy 3.1 – Residential Design Codes;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.1.1 – Built Form Policy;

·       Policy No. 7.4.5 – Temporary Accommodation; and

·       Policy No. 7.7.1 – Non-Residential Development Parking Requirements.

Delegation to Determine Applications:

The matter is being referred to Council as the land use is not listed within Table 1 of the City’s Non‑Residential Development Parking Policy.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

Land Use

 

The use cannot reasonably be determined as falling within the definition of ‘Hotel’ in LPS2 and is therefore considered an Unlisted Use. It should be noted however that the use is already approved over, and already operating from, the site.

 

Ground Floor Design (Front Fence)

 

The deemed-to-comply criteria for ground floor design does not permit fences that front the street. The proposal includes the replacement of an existing front fence.

 

The existing front alfresco area is enclosed by a fence that is 2.95 metres in height with 1 metre being impermeable and a 3 metre wide gate for access to the public realm. The proposed fence does not change the overall height of the fence, or the portion of impermeable fencing, however, replaces the current vertical iron fencing to horizontal slat fencing, including a 2.3 metre wide fence for access to the public realm. The proposed fence shall be required to provide visually permeable slatting to provide passive visual surveillance into the public realm. This can be implemented through a standard condition, which is incorporated into the conditions of approval. The proposed alterations to the alfresco are considered to result in an increased visual amenity impact of the existing lodging house, while assisting to reduce the level of noise pollution onto adjoining properties.

 

In this instance, as the use of the alfresco area will result in noise, it is considered that in this circumstance the front fence is supported. The front fence is considered to soften the impact of noise resulting from the existing use on the neighbouring lots due to the new materials and height. In addition, a condition shall be implemented to ensure that the portion of fence above 1.0 metres, as shown on the plans in Attachment 2, is visually permeable to continue to provide passive surveillance to the street.

 

Car Parking

 

The proposed use is not listed in the City’s Policy No. 7.7.1 – Non-Residential Development Parking Requirements. As a result, the applicant provided a Parking Management Plan.

 

As the purpose of Spinners Backpackers is to provide and affordable option for temporary accommodation to tourists and visitors, it is likely that a majority of patrons do not have a private vehicle that would be parked on-site. In this regard, the City has not received any complaints with regards to parking associated with the existing use.

 

There are multiple high-frequency bus stops, including the free Transperth Cat bus, located within the 400 metre pedestrian shed (i.e. 5 minute walk) and Perth Train Station and Busport is located within 1 kilometre of the subject site. In addition, any patron would also have access to taxi and uber services. The existing lodging house also provides a secure, lockable area to store bicycle, and end of trip facilities for visitors.

 

Although there is an increase in the number of patrons, it is not considered that there would be an increase in demand for private parking on-site, for the reasons above. As a result, it is considered that the proposed Parking Management Plan is consistent with the City’s Non-Residential Development Parking Policy, and is supported.

 

Occupancy Limit

 

The application involves increasing the maximum occupancy from 48 to 64. To support that increase, the applicant has submitted a Management Plan, which is provided in Attachment 3, to address the following potential issues on adjacent properties:

 

·       Control of noise;

·       Complaints management;

·       Security of guests;

·       Control of anti-social behaviour; and

·       Parking.

 

Noise, particularly noise as a result of amplified music equipment, is controlled by enforcing a noise curfew for all guests and by prohibiting the use of personal speakers within the premises (including the outdoor alfresco areas). The hostel will always have at least one employee on site to ensure that all rules are being followed by occupants and to respond to any queries from any neighbouring properties. The new management team have committed to a zero-tolerance policy for anti-social behaviour, with any breaches of the management plan resulting in your stay being terminated.

 

Conclusion

 

The proposal is to increase the number of persons permitted at any one given time, enclose the rear alfresco area to include an additional two bedrooms and renovate the front alfresco area. Enclosing of the rear alfresco area and replacement of the existing fence along Newcastle Street is considered to reduce the impact of noise on the adjoining residential properties and the additional guest will not have a detrimental impact on the local area. As a result, the proposal is supported.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                              17 July 2018

 


Council Briefing Agenda                                                                                            17 July 2018

5.6          No. 440 (Lot: 1; STR: 60424) William Street, Perth - Change of Use from Office to Educational Establishment

TRIM Ref:                  D18/95674

Author:                     Andrea Terni, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map

2.       Attachment 2 - Development Plans

3.       Attachment 3 - Development Application Supporting Information

4.       Attachment 4 - Parking Impact Statement and Management Plan

5.       Attachment 5 - Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for development approval for a Change of Use from Office to Educational Establishment at No. 440 (Lot: 1; STR: 60424) William Street, Perth, in accordance with the plans shown in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 5:

1.       Use of Premises

1.1     The area shown as ‘Educational Establishment’ on the approved plans shall be used in accordance with the definition of ‘Educational Establishment’ as defined by the City’s Local Planning Scheme No. 2;

1.2     The maximum number of persons attending the Educational Establishment at any one time shall be limited to 56 persons; and

1.3     The hours of operation for the Educational Establishment shall be limited to the following times:

Monday to Friday – 8:00am to 8:00pm;

2.       Parking Management Plan

A Parking Management Plan setting out the parking management strategies for the development to the satisfaction of the City shall be lodged with and approved by the City prior to the use or occupation of the development. The Parking Management Plan shall detail the measures to be implemented to inform and encourage all students of alternative means of transport to the site including public transport, cycling and walking; and

3.       General

Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists.

 

Purpose of Report:

To consider an application for development approval for a change of use from Office to Educational Establishment at No. 440 William Street, Perth (the subject site).

PROPOSAL:

The application seeks approval to change the use of the subject premises from Office to Educational Establishment. The Educational Establishment is proposed to operate on the third floor of the existing five‑storey mixed use building and will provide one to two year vocational educational training courses in English and business, catering for overseas students on student visas. The educational establishment will have six employees, accommodate up to 50 students and operate from 8:00am to 8:00pm, Monday to Friday. The application proposes to use 10 car parking bays which are dedicated to the premises. No external alterations or additions are proposed to the existing building as part of this application, with the internal fit out alterations being limited to the third floor.

Background:

Landowner:

Perfect Time Pty Ltd

Applicant:

Pinnacle Planning

Date of Application:

21 May 2018

Zoning:

MRS:    Urban

LPS2:    Zone: District Centre     R Code: N/A

Built Form Area:

Town Centre

Existing Land Use:

Office

Proposed Use Class:

Educational Establishment

Lot Area:

975m²

Right of Way (ROW):

No

Heritage List:

No

 

The subject site is located on William Street between Brisbane Street and Robinson Avenue. The site is occupied by a single building, as shown on the location map included as Attachment 1. The site is bound by an office building to the north, an eating house and unlisted use (nightclub) to the south and a mixed use development to the rear. Directly opposite William Street, the subject site abuts the heritage listed Perth Mosque and a current vacant lot.

 

The subject site and surrounding area fronting William Street is zoned ‘District Centre’ whilst the adjoining properties to the rear of the site are zoned ‘Mixed Use’ with a density coding of R80 under the City’s Local Planning Scheme No. 2 (LPS2).

 

On 11 May 2010, Council approved a mixed use development on the site, which involved a four-storey commercial building comprising four shops, 10 offices and associated car parking. The proposal provided a surplus of car parking for the site of 5.06 car parking bays.

 

On 18 December 2012, Council approved a subsequent development application for a fifth storey comprising four multiple dwellings.

 

Since construction of the site in 2013, a number of change-of-use applications have been approved and have resulted in sufficient car parking bays onsite.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent LPS2, the City’s Policy No. 7.1.1 – Built Form and the State Government’s Residential Design Codes.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use (only where required)

 

ü

Parking & Access

 

ü

Bicycle Facilities

 

ü

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

 

Land Use

Deemed-to-Comply Standard

Proposal

Local Planning Scheme No. 2

 

“P” Use

 

 

Educational Establishment “D” Use

Parking and Access

Deemed-to-Comply Standard

Proposal

Policy No. 7.7.1 – Non-Residential Development Parking requirements

 

Car bays

 

To be determined by the City on a site specific Parking Management Plan

 

 

 

 

 

Parking Management Plan included and 10 car parking bays dedicated to the premises

Bicycle Bays

 

To be determined by the City on a site specific Parking Management Plan

 

 

Parking Management Plan included and 9 bicycle racks provided on-site

 

The above element of the proposal does not meet the specified deemed-to-comply standards and is discussed in the comments section below.

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, for a period of 14 days from 11 June 2018 to 24 June 2018. The method of consultation being 132 letters mailed to all owners and occupiers adjacent to the site, as shown in Attachment 1, in accordance with the City’s Policy No. 4.1.5 – Community Consultation.

 

No submissions were received during the community consultation period.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.7.1 – Non-Residential Development Parking Requirements.

 

In accordance with Schedule 2 Clause 76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 and Part 14 of the Planning and Development Act 2005, the applicant will have the right to apply to the State Administrative Tribunal for a review of Council’s determination.

Delegation to Determine Applications:

This matter is being referred to Council as the development proposes a new ‘Educational Establishment’ and the Chief Executive Officer has not been delegated the authority to determine new ‘Educational Establishment’ land uses.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil. \

Comments:

Land Use

 

The subject site and surrounding area is zoned District Centre under the City’s LPS2. The immediate vicinity surrounding the subject site is characterised by a mix of residential and commercial uses. The properties directly adjacent the subject property on William street include the Perth Mosque, which also incorporates a shop to an existing building within the lot, an office building to the north, an eating house and unlisted use (nightclub) to the south and a mixed use development to the rear.

 

The Educational Establishment is consistent with the commercial nature of the subject site and is considered appropriate to the local area given the use caters towards overseas students who are on student visas. The locality is central and well serviced by public transport with the Perth train station being approximately 900 metres from the subject site. Given the context of the subject site and the proposed operations, the Educational Establishment is considered to be consistent with the objectives of the District Centre zone, which envisions development to be of a community focus point for people, services, employment and leisure that are highly accessible and to ensure levels of activity, accessibility and diversity of uses and density is sufficient to sustain public transport.

 

Car Parking

 

The City’s Policy No. 7.7.1 – Non-Residential Development Parking Requirement requires the car parking for an Educational Establishment to be determined by the City on a site specific Parking Management Plan.

 

The applicant has confirmed that the site currently accommodates 37 car parking bays (including one ACROD car parking bay) and that 10 car parking bays are to be dedicated to the subject Educational Establishment. The applicant has confirmed that the on-site car parking bays are available for both staff and students, who wish to pay for a car parking space. As such, arrangements will be made with the staff and students who request to occupy a car parking bay in order for them to gain access to the car parking bays on site.

 

The applicant has provided a Parking Management Plan which provides detail of alternative transport measures to access the subject site. The existing mixed use development provides an end of trip facility which incorporates six bicycle racks, a shower facility, a changing room and secure lockers, and is accessible from the car parking area of the development. The applicant has confirmed that prior arrangements will be made with the students and staff who wish to use the internal bicycle bays and end of trip facilities to allow for access and use. An additional three bicycle racks are located at the front entrance of the subject site adjacent the vehicle entrance of the building, which is easily visible and accessible for the public. It is noted that additional bicycle racks are also available for the public in the verge areas in close vicinity of the subject property.

 

In addition to the bicycle bays, the submitted report outlines the subject site has access to public transport and is located approximately 800 metres or 12 minute walk from the Perth train station, approximately 160 metres or 3 minute walk to a high frequency bus route (Brisbane Street) and approximately 500 metres or 8 minute walk to Aberdeen Street where the blue cat bus operates. The site is well situated to allow for on street car parking which is available directly adjacent the subject site from Brisbane Street to Robinson Avenue. The on street car parking requires the payment of a fee and is available for parking vehicles at all hours. In addition to on street car parking, the site is located in close vicinity to off street public car parking areas, including the City of Perth State Library public car park which is approximately 400 metres from the subject site and accommodates 607 regular car parking bays, 7 disability car parking bays and 14 motor cycle bays. The site is also approximately 450 metres from the Brisbane Street car park which accommodates 214 car parking bays.

 

Given the central location of the subject site, the availability of both public transport facilities and car parking in the surrounding area and the submitted parking management plan, it is considered that the available car parking and bicycle parking arrangement onsite is sufficient to manage the car parking requirements of the Educational Establishment whilst also promoting alternative modes of transport, which is consistent with the objectives of the City’s Policy No. 7.7.1 Non-Residential Development Parking Requirement.

 

Conclusion

 

The proposal is considered to be an appropriate use of the site and compatible with the mixed use nature of the area. It is recommended the development is approved subject to conditions.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


 


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


Council Briefing Agenda                                                                                              17 July 2018

 


Council Briefing Agenda                                                                                            17 July 2018

5.7          No. 7/565-567 (Lot 7; str: 21608) Beaufort Street, Mount Lawley - S.31 Reconsideration - Amendment to Conditions of Approval - Change of Use from Office to Recreational Facility and Office

TRIM Ref:                  D18/83720

Author:                     Remajee Narroo, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Location Plan

2.       Attachment 2 - Applicant's Submission  

 

 

Recommendation:

That the Council, in accordance with Section 31 of the State Administrative Tribunal Act 2004, the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application to amend planning approval 5.2017.176.1 for Change of Use from Office to Recreational Facility and Office at No. 7/565-567 (Lot: 7; STR: 21608) Beaufort Street, Mount Lawley, granted on 12 March 2014, by deleting all conditions and replacing them with the following:

1.       Interactive Front

Doors, windows and adjacent floor areas facing Vincent Street shall maintain active and interactive relationship with this street;

2.       Use

This approval is for a Recreational Facility and Office only;

3.       Number of Patrons

The maximum number of patrons for the recreational facility at any one time shall be limited to 73 persons;

4.       Operating Time

The use of the Recreational Facility is allowed to operate twenty four (24) hours per day, seven days a week;

5.       Right of Way (ROW)

The ROW shall remain open at all times and must not be used to store any building or other material or be obstructed in any way.  The ROW surface (sealed or unsealed) shall be maintained in a trafficable condition for the duration of the works. If at the completion of the development the ROW condition has deteriorated, or become impassable as a consequence of the works the applicant/developer shall make good the surface to the full satisfaction of the City;

6.       Building Appearance

All external fixtures, such as television antennas (of a non-standard type), radio and other antennas, satellite dishes, external hot water heaters, air conditioners, and the like, shall not be visible from the street(s), are designed integrally with the building, and be located so as not to be visually obtrusive from Vincent Street, Beaufort Street and the adjoining properties;

 

7.       Verge Treatment

No verge trees shall be removed.  The verge trees shall be retained and protected from any damage including unauthorised pruning;

8.       PRIOR TO THE ISSUE OF A BUILDING PERMIT APPLICATION, the following shall be submitted to and approved by the City:

8.1     The owner or the applicant on behalf of the owner shall provide the City with amended plans to address the following:

8.1.1  Bin Store

A bin store is to be provided to the satisfaction of the City; and

8.1.2  Bicycle Parking Facilities

10 class two bicycle facilities shall be provided on the first floor within the bike store.  Details of the design and layout of the bicycle parking facilities shall be submitted to and approved by the City prior to installation of such facility;

8.2     Acoustic Report

An Acoustic Report in accordance with the City's Policy No. 3.5.21 – Sound Attenuation shall be prepared and submitted to the City for approval.  The recommended measures of the approved Acoustic Report shall be implemented;

9.       PRIOR TO THE SUBMISSION OF AN OCCUPANCY PERMIT, the following shall be submitted to and approved by the City with regard to Condition 8.2, certification from an Acoustic Consultant that the measures have been undertaken shall be submitted to the City;

10.     Management Plan

10.1   Within 28 days of the issue of this approval, a Management Plan shall be submitted to the satisfaction of the City outlining measures that will be implemented between the hours of 9:00pm and 6:00am so as to minimise the impact of noise on surrounding residents and tenancies, including the following:

10.1.1 The requirement for all members to be advised in writing of the correct and usage of equipment, including free weights, medicine balls and kettle bells, and the consequences of breaching these requirements;

10.1.2 The requirement for all new members to be inducted into the correct behaviours and usage of equipment, including free weights, medicine balls and kettle bells, and the consequences of breaching these requirements;

10.1.3 The required method of addressing breaches of these requirements and the compliance measures that will be undertaken where breaches of these requirements are identified;

10.2   The use of the premises shall be carried out in accordance with the approved Management Plan or any Plan approved by the City thereafter and all requirements of the Management Plan shall be implemented to the satisfaction of the City; and

10.3   A review of the Management Plan shall be undertaken within six months and again within 12 months of the issue of this approval. Any changes identified as part of these reviews, or required by the City, shall be incorporated into an updated Management Plan to be submitted to the City for approval within 14 days of the date of the review. The development shall thereafter operate in accordance with the updated Management Plan.

 

Purpose of Report:

To reconsider an application to amend conditions of an existing development approval for Change of Use from Office to Recreational Facility and Office at No. 7/565-567 Beaufort Street, Mount Lawley at the invitation of the State Administrative Tribunal (SAT).

PROPOSAL:

The applicant is seeking approval to delete Condition 10 (requiring a Management Plan) and replacing it with the following:

 

10.      Complaints received by the gym relating to the hours of 9pm to 6am are to be dealt with in the following way –

 

10.1      The complaint is to be investigated within 48 hours of being received by interrogation of CCTV footage and member entrance records;

 

10.2      Where the complaint is substantiated, the member is to be educated regarding appropriate conduct.

 

10.3      A response regarding the outcome of investigation of the complaint is to be provided to the person who provided the complaint within 72 hours of the complaint being made.

 

10.4      A complaints register is to be maintained that includes –

 

·        Each complaint.

·        The outcome of the investigation of that complaint.

·        Where the complaint is substantiated, the action taken.

·        The date upon which a response was provided to the person who provided the complaint, and a copy of that response.

 

10.5      The complaints register is to be made available to the City upon request.”

 

The term “person who provided the complaint” used above is in circumstances where the complaint has been received from the City, the SNAP Fitness can advise the City of the outcome which can be passed to the complainant by the City.

 

A copy of the applicant’s justification, dated 8 June 2018, is provided in Attachment 2. A summary of that letter follows.

 

·       Since Council’s decision on 6 February 2018, acoustic rubber tiles and “impactomat” gym flooring have been installed on the entirety of the floor area which will minimise the noise between the recreational facility and the floor below.

 

·       With regard to complaints from neighbours, SNAP Fitness can check the claims by using CCTV camera footage and also using swipe card data.

 

·       If a complaint is substantiated the member will be further educated/reprimanded or banned from the gym. SNAP Fitness membership require members to act appropriately within the gym which includes not dropping weights.

 

·       There are a number of signs within the gym for the member to comply with the rules of the gym including not dropping weights

 

·       There is no need for a manned telephone line between 9 pm and 6 am for the following reasons:

 

-      No complaints have been received during that time period and legally the condition is unreasonable

 

-      It is not practical given a member undertaking an activity that is causing noise can leave the gym before a representative of the SNAP Fitness arrives at the gym during the night.

Background:

Landowner:

Silverleaf Investments Pty Ltd & RGO Enterprises Pty Ltd

Applicant:

Moharich & More

Date of Application:

13 March 2018 – Appeal lodged at State Administrative Tribunal

Zoning:

MRS:    Urban

LPS2:    Zone: Commercial

Built Form Area:

Activity Corridor

Existing Land Use:

Recreational Facility and Office

Proposed Use Class:

Recreational Facility and Office

Lot Area:

961m²

Right of Way (ROW):

3.6 metre in width, sealed, privately owned

Heritage List:

No

 

The subject site is located at No. 7/565-567 Beaufort Street, Mount Lawley, on the corner Vincent Street, as shown in Attachment 1. The site is occupied by a two storey commercial development, which includes shops, office, eating house and recreational facility (gym). The existing recreational facility is located on the first floor of the building. There is existing residential development on the western side of the site and on the northern side along Vincent Street there is a drive through commercial development (Hungry Jacks). On the eastern side along Beaufort Street and on the southern side, the area comprises of commercial developments.

 

On 5 November 2013 Council approved an application for a change of use from office to recreational facility (health studio-gym) with two ancillary medical consulting rooms (physiotherapy) and office in the subject tenancy. Condition 5 of that approval stated the following:

 

“5.        This approval for Recreational Facility with Ancillary Two (2) Medical Consulting Rooms (Physiotherapy) is for a period of thirty six (36) months only and should the applicant wish to continue the use after that period, it shall be necessary to re-apply to and obtain approval from the City prior to the continuation of the use;”.

 

On 12 March 2014, a development approval was issued by the City under Delegated Authority for a change of use to recreational facility and office at the above premises. Condition 4 of the approval stated the following:

 

“4.        This approval for Recreational Facility is for a period of thirty six (36) months only and should the applicant wish to continue the use after that period, it shall necessary to re-apply to and obtain approval from the City prior to the continuation of the use;”.

 

The applicant lodged an appeal to SAT against the thirty six (36) month time limitation.

 

On 7 October 2014, at the invitation of SAT under Section 31 of the State Administrative Tribunal Act 2004, the Council reconsidered the condition and approved a new condition as follows:

 

“4.        Operating Time

 

4.1        The proposed use of the Recreational Facility is allowed to operate twenty four 24 hours, seven (7) days a week for a period of thirty-six (36) months

 

4.2        After thirty-six (36) months subject to the facility only being permitted to operate from 9pm to 6am from the date of the issue of the approval revert to 6am - 9pm.”

 

On 6 February 2018, Council approved an application to amend the existing approval so as to allow the facility to operate twenty four (24) hours, seven days a week. That approval incorporated a new Condition 10 as follows:

 

“10.1     Within 28 days of the issue of this approval a Management Plan shall be submitted to the satisfaction of the City outlining measures that will be implemented between the hours of 9:00pm and 6:00am to minimise the impact of noise on surrounding residents and tenancies, including the following:

 

10.1.1   The requirement for all members to be advised in writing of the correct behaviours and usage of equipment, including free weights, medicine balls and kettle bells, and the consequences of breaching these requirements;

10.1.2   The requirement for all new members to be inducted into the correct behaviours and usage of equipment, including free weights, medicine balls and kettle bells, and the consequences of breaching these requirements;

10.1.3   The required method of addressing breaches of these requirements and the compliance measures that will be undertaken where breaches of these requirements are identified;

10.1.4   A contact phone number for complaints regarding unreasonable noise that is manned at all times between the hours of 9:00pm to 6:00am and is provided to all adjoining and adjacent neighbours and all owners and tenants of 565-567 (STR: 21608) Beaufort Street, Mount Lawley and is made available at all times on the recreation facility’s website;

 

10.2      Use of the premises shall be carried out in accordance with the approved Management Plan or any Plan approved by the City thereafter and all requirements of the Management Plan shall be implemented to the satisfaction of the City; and

 

10.3      A review of the Management Plan shall be submitted to the City for approval within six months and again within 12 months of the issue of this approval. Any changes identified as part of these reviews, or required by the City, shall be incorporated into an updated Management Plan to the satisfaction.”

 

The applicant subsequently lodged an appeal to SAT on the following grounds:

 

“Condition 10 is unreasonable and has no nexus to the development proposed. The condition seeks to impose onerous requirements in the mitigation of noise, which is unreasonable given: (a) the location of the premises;(b) the typical patronage of the premises; and (c) that no formal noise complaints have been received by the City of Vincent in respect of the overnight hours since being originally approved in 2014.”

 

Administration attended a mediation session on 22 May 2018 to discuss the applicants request for reconsideration of Condition 10. At mediation, City Officers advised the applicant that the City accepted reconsideration of the application subject to the applicant providing additional information to demonstrate how the premises could be managed without the need for Condition 10. The applicant provided the information as contained in Attachment 2.

Consultation/Advertising:

At the time the SAT appeal was lodged the City wrote to all those who previously made submissions advising of the appeal and process going forward. Given Council considered this application six months ago and the appeal is only for amendment of conditions, it was not considered necessary to readvertise the proposal. The City has written to all those who made submissions advising that the application is being presented to Council for reconsideration.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2; and

·       Policy No. 4.1.5 – Community Consultation.

Delegation to Determine Applications:

This matter is being referred to Council as the application was previously determined by Council.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Should the Council reaffirm its original decision to maintain Condition 10, the applicant is likely to request that the matter be considered by SAT at a full hearing. This may incur cost to the City if a Consultant is engaged for the full hearing.

Comments:

At its meeting on 6 February 2018 Council were concerned about the impact of noise on the ground floor units and adjoining neighbours during the operation of the gym and as such imposed Condition 10 as part of the planning approval. The various elements of this issue are discussed below.

 

Noise Regulations

 

As part of demonstrating compliance with conditions imposed on Council’s 2014 approval, the applicant submitted an Acoustic Report on 25 July 2016, which was based on the readings taken from two businesses located on the ground floor. The report stated that the recreational facility complied at all times with the prescribed (noise) standards contained in the Environmental Protection (Noise) Regulations 1997, as they relate to commercial premises.

 

Following noise complaints about the recreational facility received from another business operator, the City’s Health Services undertook noise readings in August/September 2016 and again in September 2017. The City carried out a detailed assessment of those noise readings, which were all found to be compliant with the Environmental Protection (Noise) Regulations 1997, as they relate to commercial premises.

 

It should be noted that the abovementioned compliance only relates to the commercial receptors and not the residential ones. In any event, it should be noted that the operation is required to comply at all times with all aspects of the Environmental Protection (Noise) Regulations 1997, irrespective of what conditions are imposed on the development approval.

 

Noise Mitigation Measures

 

The applicant has recently installed acoustic rubber tiles and “impactomat” gym flooring to reduce the noise impact of the facility. Staff have attended the site and confirmed this installation. In addition, the applicant has installed signage advising users not to drop weights and CCTV cameras to monitoring user behaviour. These noise mitigation measures are considered appropriate, so long as the gym rules are appropriately administered and any breaches of those rules are appropriately investigated.

 

Response to Noise Complaints

 

Since the approval by Council on 6 February 2018, the City has received various noise complaints from an adjoining neighbour. The City provided the complainant with a log register to note the time and type of noise heard from the gym.  The complainant submitted the log register showing noise from dropping of weights and amplified music level during February-March and May-June. As a result, the applicant installed CCTV cameras to monitor use of the gym.

 

Following that installation, a further 12 alleged noise events (across six days) were recorded, of which most related to dropping of weights and five of which (across two days) were between 9:00pm and 6:00am. That second log register was forwarded to the applicant, who in turn advised that with the help of CCTV footage, a member of the gym who was dropping weights (and caused four noise events, including one after 9:00pm) was identified. Given gym rules do not permit the dropping of weights, his membership was cancelled. On 27 June 2018, the applicant forwarded a video of the incident and a copy of an email from Snap Fitness to the member, confirming that the member who was dropping weights was thereafter banned from the gym. This course of action is considered an appropriate deterrent for users dropping weights and is therefore acceptable.

 

Manned Telephone

 

Current condition 10.1.4 requires a manned telephone between 9:00pm and 6:00am. In a management sense, by the time the person manning the phones arrives at the gym, it is likely the person who was creating the noise will be either gone from the gym, or have completed that particular part of their workout. Whilst the City has received complaints of 10 noise events for that time period since 6 February 2018, it must be acknowledged that the applicant has incorporated noise mitigation measures and instituted a process for dealing with noise issues, both outlined above. It is expected that the combination of those responses will adequately address the fundamental issue of noise and is sufficient to allow the removal of the condition requiring a manned telephone.

 

Management Plan

 

With regard to the applicant’s statement that there is no need for a Management Plan, the City Officers are of the view that a Management Plan provides a commitment for an applicant to comply with what has been written within the Management Plan.  A Management Plan is a daily tool which will be used to manage the gym to the satisfaction of the City.  Further, a review of the Management Plan within six months and 12 months this will ensure that if there is any matters to be addressed the Management Plan can be updated. A Management Plan will provide more assurance to the tenancies on the ground floor and adjoining neighbours that the gym will control its activities on a daily basis in an appropriate manner. As such, it is recommended that a condition requiring a management plan be retained.

 

Based on the above, the proposed amendment to the approval is generally supported, subject to the retention of the condition requiring a management plan. For ease of reference, it is recommended that Council replace all existing conditions with one consolidated list, as per the staff recommendation.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 

 


Council Briefing Agenda                                                                                            17 July 2018

5.8          Nos. 1-16/17 (Lots: 1-16; STR: 598813) Harwood Place, West Perth - S.31 Reconsideration of Conditions - Change of Use from Multiple Dwellings to Serviced Apartments

TRIM Ref:                  D18/94512

Author:                     Remajee Narroo, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map

2.       Attachment 2 - Previous Development Attachment 2 - Approvals Granted on 14 November 2017 and 3 May 2016

3.       Attachment 3 - Applicant's Submission

4.       Attachment 4 - Summary of Submissions

5.       Attachment 5 - Management Plan, Strategy Plan and Complaints Register  

 

 

Recommendation:

That the Council, in accordance with Section 31 of the State Administrative Tribunal Act 2004, the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application to amend planning approval 5.2017.20.1 for Change of Use from Multiple Dwellings to Serviced Apartments at Nos. 1-16/17 (Lots: 1-16; STR: 598813) Harwood Place, West Perth, granted on 14 November 2017, by deleting all conditions and replacing them with the following:

1.       Maximum Lease Period

Guests are not permitted to stay at the subject Serviced Apartment for a period totalling more than 3 months in any 12 month period;

2.       Management Plan

2.1     Within 28 days the attached Management Plan received by the City on 11 June 2018   shall be amended to include the following to the satisfaction of the City:

2.1.1  A requirement for the contracted security firm to provide security patrols and building walkthroughs of the Apartments, between 10pm and 4am, as follows:

(a)      Once per night, Sunday to Thursday; and

(b)      At 2 hourly intervals, on Friday and Saturday nights, and on a Sunday nights where the following Monday is a public holiday;

2.1.2  A requirement for the CCTV footage of the Serviced Apartments to be monitored at all times by the Manager/staff of the Serviced Apartment’s sister hotel, Attika Hotel, and for it to be available for immediate review 24/7;

2.1.3  The Code of Conduct shall include reference to the balconies fronting the residential properties on Harwood Place;

2.1.4  Information advising that (i) the Apartments have 16 residential car bays located behind a security gate and the two visitor bays directly accessible from Harwood Place are to be used only for drop-off and pick-up only with a maximum of 2 hour parking (ii) Guests are encouraged to use these facilities (iii) no street-parking or verge-parking is permitted along Harwood Place, and the City’s Rangers issue infringements in relation to illegal parking;

2.2     In accordance with the City’s Planning and Building Policy 7.4.5 – Temporary Accommodation:

2.2.1  The amended Management Plan as per Condition 2.1 prepared by the applicant pursuant to clause 2.1.3 of the Policy forms part of this approval;

2.2.2  The attached Servicing Strategy prepared by the applicant pursuant to Clause 2.5.2 of the Policy forms part of this approval;

2.2.3  The amended Management Plan and Servicing Strategy are to be reviewed:

(a)      every 12 months;

(b)      within 30 days of a change of the operator of the Serviced Apartments; and

(c)      within 30 days of the operator of the Services Apartments changing the operations in respect of check-in and check-out;

2.2.4  Any changes identified during a review as set out in clause 2.2.3, are to be incorporated into an updated Management Plan or Servicing Strategy, and approved by the City;

2.2.5  The Serviced Apartments must be operated in accordance with the Management Plan and Servicing Strategy (as amended from time to time) to the satisfaction of the City;

2.2.6  The Code of Conduct outlined in the amended Management Plan required by Condition 2 shall be provided to occupants of the Serviced Apartments at the time of check-in and displayed in a prominent location within each Serviced Apartment;

3.       The Serviced Apartments shall include within the entrance, foyer or lobby of the premises a reception area which shall be attended by staff during scheduled guest check-ins and check‑outs, unless otherwise provided by the Management Plan approved by the City;

4.       Within 28 days of this approval, and thereafter:

4.1     The two visitor car parking bays, directly accessed from Harwood Place and located within the subject site, shall be sign posted detailing a maximum of 2 hour parking and shall be controlled and maintained by the operator of the Serviced Apartments for the purposes of drop-off and pick-up to the satisfaction of the City;

4.2     A sign that provides the contact details of a person responsible for the Serviced Apartments shall be fixed in a location that is within the subject site and is easily visible to the public to the satisfaction of the City;

4.3     A minimum of two Class 1 or 2 and four Class 3 resident bicycle bays and two visitor bicycle bays are to be provided onsite. Bicycle bays must be provided at a location convenient to the entrance, publicly accessible and within the development. The bicycle facilities shall be designed in accordance with AS2890.3; and

4.4     A Signage and Lighting Plan be submitted to, and approved by the City, to ensure the development provides adequate signage and lighting to service the development and does not have an adverse impact on the residential amenity of the area; and

5.       External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and screened from view from the street, and where practicable from adjoining buildings.

 

Purpose of Report:

To reconsider an application to amend the conditions of development approval for Change of Use from Multiple Dwellings to Serviced Apartments (Amendment to Approval) at Nos. 1-16/17 Harwood Place, West Perth, at the invitation of the State Administrative Tribunal.

PROPOSAL:

The applicant is seeking approval to amend the conditions of approval granted by Council on 14 November 2017, by replacing all existing conditions with those contained as Attachment 3.

BACKGROUND:

Landowner:

Boldform Pty Ltd

Applicant:

Moharich & More

Date of Application:

11 December 2017

Zoning:

MRS:    Urban

LPS2:    Zone: Residential Commercial          R Code: R80

Built Form Area:

Mixed Use

Existing Land Use:

Serviced Apartments

Proposed Use Class:

Not applicable

Lot Area:

759 m²

Right of Way (ROW):

Not applicable

Heritage List:

Not applicable

 

The subject site is located at the end of the cul-de-sac on the western side of Harwood Place. The site is zoned Residential Commercial with a residential density coding of R80. The location of the subject site is included as Attachment 1.

 

The locality consists of a mix of residential and commercial properties. The adjoining properties on the western and eastern sides of Harwood Place at the southern end of the street are zoned Commercial and are occupied by showroom, warehouse, shop and office uses. The land abutting the southern boundary of the subject site is a car parking area to the adjoining commercial property at No. 430 Newcastle Street, West Perth.

 

On the eastern side of Harwood Place there are nine heritage listed grouped dwellings, which are also zoned Residential Commercial with a residential density coding of R80, and are occupied as residences. Abutting the northern boundary of the subject site is a car parking area to the adjoining multiple dwelling development at Nos.15-19 Carr Street, West Perth.

 

The north-western adjoining site at Nos. 27-29 Carr Street, West Perth is currently under construction and will be accommodating the new West Perth Fire Station.

 

Between 2013 and 2016 the subject site operated as Serviced Apartments without the approval of the City. On 3 May 2016 Council approved an application for a Change of Use from Multiple Dwellings to Serviced Apartments for the site. The approval notice and approved plans are included as Attachment 2.

 

On 14 November 2014, Council considered an application to amend the existing approval and resolved to approve changes to various conditions relating to the operation of the site. The approval notice is included as Attachment 2. The amended approval contained the following condition:

 

5.1 The accommodation duration is limited to a minimum stay of three (3) nights for all gusts of the Serviced Apartments;”

 

Following Council’s decision, the applicant subsequently submitted an application for review to the State Administrative Tribunal (SAT) for reconsideration of Condition 5.1.

 

During SAT process, the applicant raised issues with other conditions of approval. Administration attended a mediation on 23 May 2018 to various conditions under review. Following this mediation, leave was granted by the SAT to amend the grounds of review to include all conditions of approval. As per the SAT Order, Council is now invited to reconsider all conditions of approval. The applicant provided the information for review of conditions of approval as contained in Attachment 3.

DETAILS:

Not applicable.

Consultation/Advertising:

Consultation on the current proposal was undertaken for a period of 14 days in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, from 20 June 2018 until 3 July 2018. A total of 151 letters were sent to owners and occupiers of properties within close proximity of the subject site (Attachment 1) in accordance with the City’s Policy No. 4.1.5 – Community Consultation. The City wrote to the same owners and/or residents that were consulted when the original development application was advertised in March 2017 including the original submitters.

 

In response, a total of 13 submissions were received; all objecting to the proposal. The main concerns raised by the submissions are as follows:

 

·       Minimum Night Stay

·       Car Parking

·       Anti-social behaviour/Noise

·       Management Plan

 

A summary of submissions and the City’s comments are provided in Attachment 4.

 

A Public Forum was held on 28 June 2018 to discuss the changes to the conditions of approval. The main concerns raised by the attendees were largely the same as those raised in the 13 objections.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.4.5 – Temporary Accommodation.

Delegation to Determine Applications:

This matter is being referred to Council as the application was previously determined by Council.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Should the matter proceed to a full SAT hearing, the City may need to engage a consultant to assist. Such engagement would incur a cost for the City.

Comments:

As part of the review of conditions the applicant has submitted a Management Plan which includes Code of Conduct, Strategy Plan and Complaints Register which are contained in Attachment 5.

 

The review of the Conditions of the Approval are discussed in the Table below.

 

Conditions of Approval- Council Meeting on 3 May 2016 and 14 November 2017

Applicant’s Proposed Conditions

Administration Response

1.       Limitation on Use

 

1.1     Maximum Lease Period

Guests are not permitted to stay at the subject serviced apartments for a continuous period longer than six months within any 12 month period; and

Conditions 1 and 1.1 deleted and replaced by Condition 1 as follows:

 

“1. Guests are not permitted to stay at the subject Serviced Apartment for a period totalling more than 3 months in any 12 month period.”

 

No objection to the proposed change.

1.2     Management Plan

1.2.1  The serviced apartments shall operate in accordance with the amended Management Plan required by Condition 5; and

Conditions 1.2.1 and 1.2.2 deleted and replaced by Conditions 2.1 and 2.2 (refer to condition 2 below).

No objection to the proposed change.

1.2.2  The terms outlined in the amended Management Plan required by Condition 5 shall be provided to occupants of the serviced apartments at the time of check-in and displayed in a prominent location within each serviced apartment;

Condition 1.2.2 be deleted and replaced by Condition 3 as follows:

 

“3. The Code of Conduct outlined in the Management Plan required by Condition 2 shall be provided to occupants of the Serviced Apartments at the time of check-in and displayed in a prominent location within each Serviced Apartment.”

Agreed, however, the condition is to be renumbered to Condition 2.2.6.

2.       External Fixtures

All external fixtures shall not be visually obtrusive from Harwood Place and neighbouring properties. External fixtures are such things as television antennas (of a non-standard type), radio and other antennas, satellite dishes, external hot water heaters, air conditioners, and the like; and

No change to the condition however renumbered Condition 8, as follows:

 

“8. All external fixtures shall not be visually obtrusive from Harwood Place and neighbouring properties. External fixtures are such things as television antennas (of a non-standard type), radio and other antennas, satellite dishes, external hot water heaters, air conditions, and the like.”

Agreed, however, the condition is to be renumbered to Condition 5.

3.       Within 28 days of approval, the following shall be submitted to and approved by the City:

 

 

3.1     Car Parking

The two visitor car parking bays, directly accessed from Harwood Place and located within the subject site, shall be sign posted detailing a maximum of 2 hour parking and shall be controlled and maintained by the operator of the serviced apartments for the purposes of drop-off and pick-up to the satisfaction of the City;

Conditions 3.1, 5.10 and 6 replaced by Condition 6 as follows:

 

“6. The two visitor car parking bays, directly accessed from Harwood Place and located within the subject site, shall be sign posted detailing a maximum of 2 hour parking and shall be controlled and maintained by the operator of the Serviced Apartments for the purposes of drop-off and pick-up to the satisfaction of the City.”

 

Agreed, however, the condition is to be renumbered to Condition 4.1.

3.2     Signage

A sign that provides the contact details of a person responsible for the serviced apartments shall be fixed in a location that is within the subject site and is easily visible to the public to the satisfaction of the City; and

Condition 3.2 to remain and be renumbered, as follows:

“4. A sign that provides the contact details of a person responsible for the Serviced Apartments shall be fixed in a location that is within the subject site and is easily visible to the public to the satisfaction of the City.”

 

Agreed, however, the condition is to be renumbered to Condition 4.2.

3.3     Bicycle Bays

A minimum of two Class 1 or 2 and four Class 3 resident bicycle bays and two visitor bicycle bays are to be provided onsite. Bicycle bays must be provided at a location convenient to the entrance, publically accessible and within the development. The bicycle facilities shall be designed in accordance with AS2890.3.

Condition 3.3 to remain and be renumbered, as follows:

“7. A minimum of two Class 1 or 2 and four Class 3 resident bicycle pays and two visitor bicycle bays are to be provided onsite. Bicycle bays must be provided at a location convenient to the entrance, publicly accessible and within the development. The bicycle facilities shall be designed in accordance with AS2890.3;”

Agreed, however, the condition is to be renumbered to Condition 4.3.

4.       The Serviced Apartments shall include within the entrance, foyer or lobby of the premises a reception area which shall be attended by staff during scheduled guest check-ins and check-outs”;

Condition 4 is amended and replaced by Condition 5 as follows:

 

“5. The Serviced Apartments shall include within the entrance, foyer or lobby of the premises a reception area which shall be attended by staff during scheduled guest check-ins and check-outs, unless otherwise provided by the Management Plan.”

As per City’s Policy No. 7.4.5 – Temporary Accommodation, a reception desk is required for Serviced Apartments. The submitted Management Plan provides that guests can either check in to the apartments off-site (at the reception of the nearby Attika Hotel, which is managed by the same operator) or at the Zappeion Apartments site itself. In both instances, there will be a reception area and therefore, the amended Condition is supported, however, the condition is to be numbered to Condition 3.


 

5.       Within 28 days of the issue date of this approval, the Management Plan for the Serviced Apartments at 17 Harwood Place, West Perth (Amended 6 November 2017) shall be amended to ensure consistency throughout and include the following to the satisfaction of the City:

Condition 5 be deleted and replaced by Condition 2 as follows:

 

“2. In accordance with the City’s Planning and Building Policy 7.4.5 – Temporary Accommodation (Policy):

2.1 The attached Management Plan prepared by the applicant pursuant to clause 2.1.3 of the Policy forms part of this approval;

2.2 The attached Servicing Strategy prepared by the applicant pursuant to clause 2.5.2 of the Policy forms part of this approval;

2.3 The Management Plan and Servicing Strategy are to be reviewed –

2.3.1 every 12 months; or

2.3.2 within 30 days of a change of the operator of the Serviced Apartments;

2.3.3 within 30 days of the operator of the Services Apartments changing the operations in respect of check-in and check-out.

2.4 Any changes identified during a review as set out in clause 2.3, are to be incorporated into an updated Management Plan or Servicing Strategy, and approved by the City.

2.5 The Serviced Apartments must be operated in accordance with the Management Plan and Servicing Strategy (as amended from time to time to the City’s satisfaction);

 

 

 

 

 

 

 

 

 

Agreed, in accordance with the City’s Policy No. 7.4.5 – Temporary Accommodation.

 

Agreed, in accordance with the City’s Policy No. 7.4.5 – Temporary Accommodation.

 

Agreed as this will ensure an appropriate management regime exists regardless of the operator.

5.1     The accommodation duration is limited to a minimum stay of three (3) nights for all guests of the Serviced Apartments;

 

Condition 5.1 be deleted.

Refer to Minimum Accommodation Duration section later in the report.

5.2     The reception area shall be staffed during check-in and check-out of the Serviced Apartments guests/residents;

 

See current Condition 4, above.

See current Condition 4, above.

5.3     The Serviced Apartments shall be managed by 24 hour security, including vehicle patrols and building walk throughs, and the premises shall be monitored by 24 hour CCTV cameras located around the property;

Condition be 5.3 deleted, with the security requirements to form part of the Management Plan referenced in proposed Condition 2.1.

Refer to Security Regime section of the report.

5.4     An Initial Security Plan shall be implemented until 28 February 2018, or a later date if deemed necessary by the City, and shall include a minimum of three security patrols and building walk-throughs at 2 hourly intervals between the hours of 10:00pm and 4:00am on Friday and Saturday nights and on a Sunday night where the following Monday is a public holiday and one security walk-through at any time between the hours of 11:30pm and 1:30am on Sunday to Thursday nights;

 

Condition 5.4 be deleted.

Agreed as this will be addressed by proposed condition 2.

5.5     On the conclusion of the implementation of the Initial Security Plan, an On-Going Security Plan shall be implemented and shall include two security patrols and building walk-throughs at minimum 2 hourly intervals between the hours of 10:00pm and 4:00am on Friday and Saturday nights and on a Sunday night where the following Monday is a public holiday and one security walk-through between the hours of 11:30pm and 1:30am on Sunday to Thursday nights;

 

Condition 5.5 be deleted with the security requirements to form part of the Management Plan referenced in proposed Condition 2.1.

Refer to Security Regime section of the report.

5.6     Live security/CCTV footage of the Serviced Apartments shall be monitored at all times, either by the Manager of the Zappeion Serviced Apartments or by staff of the Serviced Apartment’s sister hotel, Attika Hotel, and shall be available for immediate review 24/7;

 

Condition 5.6 be deleted with the security requirements to form part of the Management Plan referenced in proposed Condition 2.1.

Refer to Security Regime section of the report.

5.7     24 hour contact details of the manager of the Serviced Apartments shall be provided to all owners/occupiers of the residential properties on Harwood Place and made available at all times on the serviced apartment’s website and on the outside of the Serviced Apartments building;

 

Condition 5.7 be deleted with the complaints procedure to form part of the Management Plan referenced in proposed Condition 2.1.

Agreed on the basis that the submitted Management Plan provides that 24-hour contact details which will be sent to all the adjoining residents along Harwood Place. The contact details will be displayed at the entrance to the apartment building and on the business’ website.

5.8     Details relating to Level 1 and Level 2 Complaint Management Procedures, including definitions and a series of ‘complaint scenarios’ to clarify how the Complaint Management Procedure will be implemented for the different types of incidents and disturbances;

 

Condition 5.8 be deleted with the complaints procedure to form part of the Management Plan referenced in proposed Condition 2.1.

Agreed on the basis that the submitted Management Plan adequately addresses this issue.

5.9     Guests are required to keep noise to a minimum from 10:00pm to 8:00am, in particular outside on the balconies fronting the residential properties on Harwood Place;

 

Condition 5.9 be deleted with the complaints procedure to form part of the Management Plan referenced in proposed Condition 2.1.

Generally supported, subject to the Code of Conduct being amended to make reference to balconies.

5.10   The two car parking bays accessed from Harwood Place shall be signed and maintained as ‘pick up/drop off’ bays for use by on demand transport or buses and shall not be used by guests;

Conditions  3.1, 5.10 and 6 replaced by Condition 6 as follows:

 

“6. The two visitor car parking bays, directly accessed from Harwood Place and located within the subject site, shall be sign posted detailing a maximum of 2 hour parking and shall be controlled and maintained by the operator of the Serviced Apartments for the purposes of drop-off and pick-up to the satisfaction of the City.”

 

Agreed, however, the condition is to be renumbered to Condition 4.1.

5.11   Each serviced apartment shall be provided with one dedicated parking bay at no extra cost to encourage patrons and/or visitors to use the onsite parking facilities; and

 

Condition 5.11 be deleted.

Refer to Car Parking below.

5.12   The Management Plan shall be reviewed every 12 months, with any changes identified during this review or by the City, being incorporated into an updated Management Plan approved by the City as part of the review;

Condition 5.12 be deleted and replaced by Condition 2.3 above.

Agreed, however, the condition is to be renumbered to Condition 2.2.3.


 

6.       Within 28 days of issue of Planning Approval, a sign shall be erected on the building that restricts the two existing onsite visitor car parking bays as a ‘Drop off / Pick up only’.

Conditions 3.1, 5.10 and 6 be deleted and replaced by Condition 6 as follows:

 

“6. The two visitor car parking bays, directly accessed from Harwood Place and located within the subject site, shall be sign posted detailing a maximum of 2 hour parking and shall be controlled and maintained by the operator of the Serviced Apartments for the purposes of drop-off and pick-up to the satisfaction of the City.”

Agreed, however, the condition is to be renumbered to Condition 4.1.

7.       Within 28 days of the issue date of this approval and prior to the installation of any signage or lighting at the premises that a Signage and Lighting Plan be submitted to, and approved by the City, to ensure the development provides adequate signage and lighting to service the development and does not have an adverse impact on the residential amenity of the area.

Condition be deleted on the basis that the Signage and Lighting Plan has been complied with and there is no requirement for this condition.

The City did not receive a Signage and Lighting Plan. Therefore it is recommended that the condition be retained.

 

Security Regime

 

Patrols

 

The submitted Management Plan provides for 24 hour security, CCTV monitoring, vehicle patrols and walk-throughs of the Apartment complex. The security patrols and building walk-throughs will occur between 10:00pm and 4:00am:

 

·       Once, on weeknights;

·       Twice, on Friday and Saturday nights and on a Sunday where the following Monday is a public holiday.

 

Through the consultation process, the City received various submissions that raised security concerns with the proposal and suggested that the short stay accommodation use was, at least in part, facilitating anti-social behaviour that was determinately impact on the residential amenity of the local area. In considering this matter, Council must consider the compatibility of the business will its setting and apply conditions that balance the continuation of the business with the amenity of the nearby residents.

 

Given the security concerns raised by the adjoining residents, it is recommended that the Management Plan is to be amended to provide for the following security patrols and building walk-throughs between 10:00pm and 4:00am:

 

·       Once, Sunday to Thursday

·       2 hourly intervals on Friday and Saturday nights, and on a Sunday where the following Monday is a public holiday.

 

CCTV

 

The submitted Management Plan states that 24 hour CCTV cameras located around the premises have been installed and will be actively monitored for the time that the Attika Hotel reception is open. Outside those hours, the CCTV footage will be recorded and made available to be immediately viewed upon a complaint being made.

Given the issue of security raised by adjoining neighbours it is considered appropriate that the CCTV footage is monitored at all times and as such, it is recommended that a condition be imposed requiring the Management Plan be amended accordingly.

 

Minimum Accommodation Duration

 

The current approval requires guests to stay for a minimum of three nights, with the relevant condition originally being imposed as it formed part of the management plan, at the time.

 

The applicant is now seeking approval to remove the above condition, meaning that guests would be able to stay for one night at a time. In considering this issue, it is acknowledged that there is at least a perception that a minimum duration requirement will go some way to avoiding instances of anti-social behaviour, however, there is no demonstrable link between the two. As an example, the City of a recent situation (May 2018) where a guest who booked for three night stay was expelled from the serviced apartments within a couple of hours from check-in.

 

It is considered that provided that the management measures are appropriate and diligently implemented, there should be no need for an arbitrary minimum duration condition, as nearby residents could be confident that the issues would be satisfactorily resolved, irrespective of how many nights the guest was intending to stay. Given that the management measures are considered satisfactory (subject to various changes), the removal of this condition is supported.

 

Car Parking

 

The existing Condition 5.11 (which the applicant wishes to have deleted) states the following:

 

“5.11  Each serviced apartment shall be provided with one dedicated parking bay at no extra cost to encourage patrons and/or visitors to use the onsite parking facilities”

 

The purpose of this condition is to ensure that those guests with vehicles parked them on the subject site.

 

Harwood Place accommodates on-street parking on the eastern side of the road only, where the following parking restrictions apply:

 

·       Monday to Friday – 8:00am to 6:00pm – 1 hour parking; and

·       All other times - permit holders only.

 

With the above parking restriction it is considered that guests to the serviced apartments will not be able to use the car parking bays along Harwood Place and anyone not complying with the above requirements would be subject to enforcement action by the City Rangers.  Further, as part of the submitted Management Plan, guests will be encouraged to use the car bays behind the security gate of the serviced apartments and two visitor bays directly accessible from Harwood Place, with the latter to be used for drop-off and pick-up only.

 

It will therefore be recommended that Council require the Management Plan is to be amended to advise guests that the Apartments have 16 residential car bays located behind a security gate and two visitor bays directly accessible from Harwood Place to be used only for drop-off and pick-up only with a maximum of 2 hour parking. Guests are to be encouraged to use these facilities. In addition, the Management Plan is to state no street-parking or verge-parking is permitted along Harwood Place, and the City’s Rangers issue infringements in relation to illegal parking.

 

Based on the above, the deletion of Condition 5.11 is considered acceptable.

 

Conclusion

 

The Conditions of Approval have been reviewed as outlined in the Table and Comments section above. It is considered that, subject to various changes, the new Management Plan, the Strategy Plan and a Complaints Register will appropriately control antisocial behaviour, including noise and car parking.

 

It is recommended that new Conditions in the Recommendation Section be supported.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                            17 July 2018

5.9          Further Report: No.16 (Lot: 30; D/P: 1962) Howlett Street, North Perth - Change of Use from Office to Unlisted Use (Dog Day Care)

TRIM Ref:                  D18/93764

Author:                     Fiona Atkins, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        North

Attachments:             1.       Attachment 1 - Consultation and Location Map

2.       Attachment 2 - Development Plans

3.       Attachment 3 - Summary of Submissions and Officer Comments

4.       Attachment 4 - Summary of Submissions and Applicant Comments

5.       Attachment 5 - Waste Management Plan

6.       Attachment 6 - Acoustic Report

7.       Attachment 7 - Parking Management Plan

8.       Attachment 8 - Transport Impact Statement

9.       Attachment 9 - Revised Proposal and Acoustic Report (received 2 July 2018)  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the development application for a Change of Use from Office to Unlisted Use (Dog Day Care) at No. 16 (Lot: 30; D/P: 1962) Howlett Street, North Perth for the following reasons:

1.       The proposed use is inconsistent with the objectives of the Commercial zone in the City of Vincent Local Planning Scheme No. 2 as it will be detrimental to the amenity of the adjoining commercial properties and residential properties in the locality as a result of noise associated with the development; and

2.       The proposed use does not meet the requirements of Clause 67(m) and (n) of the Planning and Development (Local Planning Schemes) Regulations 2015 as it is considered incompatible with the surrounding commercial and residential uses.

 

Purpose of Report:

To consider an application for development approval for a change of use from Office to Unlisted Use (Dog Day Care) at No. 16 Howlett Street, North Perth (subject site).  The proposal was previously presented to Council on 26 June 2018, where it was deferred to allow the applicant further time to review the noise implications of the proposal.

PROPOSAL:

The application proposes a change of use from Office to Dog Day Care. The subject site has four parking bays and will offer day care services for up to 30 dogs, which will include day to day socialisation of dogs as well as grooming and behavioural training.

 

The existing office building on site will be used as a front office, grooming area and inside play area, and will also provide bathroom and kitchen facilities for the staff. The proposal does not involve any internal modifications to the building. The application includes a sign at the front of the property.  From a noise mitigation perspective, the application has been modified to have only 10 dogs outside at any one time (as opposed to 15), an animal behaviourist monitoring the dogs that are outside and the provision of acoustic panels within the yard area and along the eastern boundary fence, as it abuts the existing funeral parlour site.

 

The proposed hours of operation are:

 

·       Monday – Friday: 7:00am – 5:30pm

·       Saturdays, Sundays and Public Holidays: Closed.

Background:

Landowner:

Flyleads.com Pty Ltd

Applicant:

Amanda Deurloo and Lucinda Cunningham

Date of Application:

23 March 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Commercial

Built Form Area:

Mixed Use Area

Existing Land Use:

Office

Proposed Use Class:

Unlisted Use (Dog Day Care)

Lot Area:

637m²

Right of Way (ROW):

No

Heritage List:

No

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent Local Planning Scheme No. 2 (LPS2).  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use (only where required)

 

ü

Car Parking

 

ü

Bicycle Facilities

 

ü

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

 

Land Use

Deemed-to-Comply Standard

Proposal

Local Planning Scheme No. 2

 

“P” Use

 

 

Unlisted Use (Dog Day Care)

Car Parking

Deemed-to-Comply Standard

Proposal

Policy No. 7.7.1 – Non-Residential Development Parking Requirements

 

No deemed to comply standard – parking management plan required.

 

 

 

4 car bays – parking management plan provided.

Bicycle Parking

Deemed-to-Comply Standard

Proposal

Policy No. 7.7.1 – Non-Residential Development Parking Requirements

 

No deemed to comply standard – parking management plan required.

 

 

 

6 bicycle bays – parking management plan provided.

 

The above element of the proposal does not meet the specified deemed-to-comply standards and is discussed in the Comments section below.

Consultation/Advertising:

The application was advertised for a period of 21 days in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, from 3 May 2018 to 23 May 2018. The method of consultation being a sign on site, a notice in the local newspaper and 232 letters mailed to all owners and occupiers as shown on Attachment 1, in accordance with the City’s Policy No. 4.1.5 – Community Consultation.

 

A total of 25 submissions were received, of which 22 objected to the proposal and 3 supported the proposal. The main concerns raised by the submissions are as follows:

 

·       The lack of car parking and concerns regarding the proposal increasing traffic congestion and parking;

·       Concerns regarding increased noise;

·       Concerns regarding odour; and

·       The proposal having a negative impact on the amenity of the area.

 

The applicant has provided a response to the submissions and this is included as Attachment 4. A summary of submissions and the City’s comments are provided in Attachment 3.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       Environmental Protection (Noise) Regulations 1997;

·       City of Vincent Local Planning Scheme No. 2;

·       Policy 2.2.11 – Waste Management;

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.7.1 – Non-Residential Development Parking Requirements.

 

In accordance with Schedule 2 Clause 76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 and Part 14 of the Planning and Development Act 2005, the applicant will have the right to apply to the State Administrative Tribunal for a review of Council’s determination.

 

Local Planning Scheme No. 2

 

LPS2 includes the following objectives for the Commercial zone:

 

·       To facilitate a wide range of compatible commercial uses that support sustainable economic development within the City.

 

·       To ensure development design incorporates sustainability principles, with particular regard to waste management and recycling and including but not limited to solar passive design, energy efficiency and water conservation.

 

·       To maintain compatibility with the general streetscape, for all new buildings in terms of scale, height, style, materials, street alignment and design of facades.

 

·       To ensure that development is not detrimental to the amenity of adjoining owners or residential properties in the locality.

 

In accordance with Clause 18(4) where a use class is not specifically referred to in the zoning table, the City is to:

 

(a)        Determine that the use is consistent with the objectives of a particular zone and is therefore a use that may be permitted in the zone subject to conditions imposed by the local government; or

 

(b)        Determine that the use may be consistent with the objectives of a particular zone and give notice under clause 64 of the deemed provisions before considering an application for development approval for the use of the land; or

 

(c)        Determine that the use is not consistent with the objectives of a particular zone and is therefore not permitted in the zone.

Delegation to Determine Applications:

The matter is being referred to Council for determination as the City received more than five objections during the public consultation period.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

Land Use

 

The development proposes a day care centre for 30 dogs, with a maximum of four staff. Activities on site will include grooming, behavioural training and general day to day care of the dogs including playing, resting and feeding. The dogs will be distributed between the outside play area in the back yard, and the inside play area and rest room during the day. A maximum of 10 dogs will be in the back yard at any time, with the other 20 dogs kept inside during this time.

 

The subject site directly abuts a funeral parlour, and beyond this are residential homes and offices. A warehouse is immediately adjoining the site to the west, and beyond this is a Residential zone. There are residential properties three to twelve metres away from the subject site.  The surrounding commercial area is well tenanted and relatively quiet, with limited traffic and noise produced by the existing uses. The nearby residential area is also a quiet area, and site observations indicated some residents of the properties were at home on a weekday.

 

An objective of LPS2 for the commercial zone is ‘to ensure that development is not detrimental to the amenity of the adjoining owners or residential properties in the locality’. The addition of 30 dogs and four staff members within a relatively quiet commercial area in close proximity to residential dwellings would be out of character with the current development in the area, and have an adverse impact on its existing amenity.

 

The proposed use is considered incompatible with the surrounding commercial uses with an intensity far greater in comparison to the current uses surrounding the site. On this basis, the increased intensity of the use of the site is considered to be inconsistent with the objectives of the Commercial zone, and is therefore not supported.

 


 

Car and Bicycle Parking

 

Car parking requirements on the site are required to be determined by the City on a site specific Parking Management Plan, in accordance with Policy No 7.1.1 – Non Residential Parking Requirements.

 

Four car bays are provided on site at the front of the building, as shown on the site plan. The parking management plan states that two bays will be reserved for staff parking and two will be reserved for customers. However the applicant has since revised this plan and advised that the four parking bays will be for the exclusive use of customers for drop off and pick up, with all staff required to commute by public transport or cycling, or find alternative off-site parking arrangements.

 

The proposal is for up to thirty dogs to be cared for in the facility at any one time, meaning up to thirty drop offs and pick-ups could occur each day, with no staggered drop off or pick up times proposed. The parking management plan includes the use of 13 on-street car bays located on Howlett Street. These car bays have a time limit of one hour parking from 8:00am – 5:30pm, Monday to Friday.

 

The parking management plan includes six bicycle bays for the exclusive use of the business. These bicycle bays will be located under cover on the building’s porch area. As per the requirements of Policy No. 7.7.1, end of trip facilities are provided in the existing building in a bathroom that includes a shower and wash basin. The bicycle facilities are considered to be adequate, in that it will cater for all four staff members.

 

The subject site is located 150 metres from Charles Street and 200 metres from Scarborough Beach Road. However as dogs cannot be transported via public buses, public transport cannot be reasonably considered to alleviate the customer parking requirements on site.

 

A number of the submissions from the community consultation have noted traffic congestion and parking as an issue in the area. The proposed use of the site will see 30 customers visiting the site twice a day to drop off and pick up their dogs; increasing the intensity of traffic coming to and from the subject site at peak hour times of the morning and early evening.

 

Measures such as staggering drop off and pick up times for the dog owners, could be implemented to potentially decrease parking and traffic congestion, however in its current form the parking management plan provides no certainty that the nature of the business will not result in traffic congestion or illegal parking.

 

Waste Management Plan

 

The applicant provided a Waste Management Plan to demonstrate how they would manage dog faeces removal at the site. The management plan states that the applicant will be contracting Cleartech Waste Management for the dog faeces removal. The faeces would be collected on Tuesday and Friday, so as not to coincide with the waste and recycling collection that occurs on Wednesday.

 

The applicant is intending to immediately collect all faeces from the yard during the day using a plastic bag and store the faeces in bins. At the end of the day, the faeces will be moved into a large freezer, which will be used as a storage receptacle until the collection days. The freezing is intended to decrease any odour or disease that may otherwise be generated by the proposed amount of waste.

 

The applicant has provided a list of their hygiene and cleaning standards and requirements to ensure that odour is controlled and pests effectively managed.

 

It is considered that the Waste Management Plan will satisfactorily mitigate the potential for odour from the proposed business.

 

Noise

 

On 26 June 2018, Council resolved to defer determination of the application to allow the applicant further time to review the noise implications of the proposal and potentially demonstrate that the proposal can achieve compliance with the Environmental Protection (Noise) Regulations 1997s. In response, Administration requested that the applicant provide an updated acoustic report in line with the LA10 noise requirements of the Noise Regulations (which is the measurement for the level of noise that is acceptable 10 percent of the time). The applicant provided a subsequent acoustic report on 2 July 2018 that demonstrates that the proposal is capable of achieving compliance with LA1 noise levels Regulations (which is the measurement for the level of noise that is acceptable 1 percent of the time), but did not address the LA10 noise levels, as requested.

 

The report analyses two potential scenarios against the LA1 standards. Both proposed scenarios involve the following:

 

·       three split system air conditioning units operating

·       a dog is being trimmed by an electric trimmer in the grooming area

·       another dog being washed in the wash basin

·       All windows and doors of the house are proposed to be fully closed.

·       20 dogs play inside the house while 10 dogs play outdoor in the back yard

·       the 10 dogs playing in the backyard are assumed to bark simultaneously

·       the provision of 2.1m high modular acoustic panel walls to separate the three areas in the backyard

 

The difference between the two scenarios are as follows:

 

1.         Scenario 1 involves the provision of the above acoustic panels to the inner surface of the existing 1.85 metres high eastern backyard fence.

 

2.         Scenario 2 involves the provision of a new 2.5 metre high fence along the eastern backyard boundary, including the provision of the above acoustic panels to the inner surface of the new 2.5 metres high fence. This scenario reflects the current application, however, it must be noted that this scenario involves the provision of an over height fence that will require the consent of the abutting landowner.

 

In both scenarios, compliance with LA1 can be achieved, and therefore, if the LA1 methodology is accepted, the issue of the consent under the Local Law is irrelevant.

 

It is acknowledged that estimating the frequency of dogs barking is not an exact science, however, in considering the issue, the following is relevant:

 

·       The dog day care is proposed to operate from 7:00am to 5:30pm each day, equating to 630 minutes per day.

·       If an assessment against LA1 is to be accepted as accurate, it means that it is reasonable that the dogs will only make noise greater than the acceptable levels for up to six minutes per day.

·       If an assessment against LA10 is to be accepted as accurate, it means that it is reasonable that the dogs will only make noise greater than the acceptable levels for up to 63 minutes per day.

 

Administration favours a cautious approach to the potential noise impacts of the proposed land use, and therefore considers the LA10 requirements more appropriate in this instance.

 

Ultimately, the development is proposed on the fringe of a commercial zone in close proximity to a residential area both of which is generally quiet in nature. The surrounding commercial uses cannot be considered as high noise emitting uses. It is considered that the noise associated with the development will be detrimental to the surrounding residential properties and commercial uses (particularly the abutting funeral parlour) and is therefore contrary to the objectives of the ‘Commercial’ zone.

 

Conclusion

 

Council is required to exercise its discretion regards this development application for an Unlisted Use (Dog Day Care). The proposed land use is considered to be inappropriate for the proposed locality, due to its potential impact on the amenity of the surrounding area, by way of intensity, noise and traffic.

 

The evidence provided by the applicant does not provide certainty regarding their capacity to control the potential impact that 30 dogs in a confined area may have on the surrounding residential properties and commercial area.

 

It is therefore considered that the proposed use at the subject site is inconsistent with the objectives of the Commercial zone under LPS2, and the relevant sections of Clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015. As such, it is recommended that the application is refused.

 


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Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                              17 July 2018


Council Briefing Agenda                                                                                                             17 July 2018


 


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Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


Council Briefing Agenda                                                                                              17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


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Council Briefing Agenda                                                                                              17 July 2018


 


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Council Briefing Agenda                                                                                            17 July 2018

5.10        No. 2 (Lot: 500; D/P: 66716) Edward Street, Perth - Proposed Third Party Signage to Mixed Use Development

TRIM Ref:                  D18/83678

Author:                     Fiona Atkins, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map

2.       Attachment 2 - Development Plans

3.       Attachment 3 - Signage Strategy

4.       Attachment 4 - CF Town Planning & Development DA Submission

5.       Attachment 5 - Main Roads WA Referral Response

6.       Attachment 6 - Summary of Submissions - Officer Comments  

 

 

Recommendation:

That Council in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the application for Third Party Billboard Signage at No. 2 (Lot: 500; D/P: 66716) Edward Street, Perth as shown in Attachment 2, for the following reasons:

1.       The proposal is contrary to the orderly and property planning of the area for the following reasons:

1.1     the scale of the proposed signage will have a negative visual impact and detract from the amenity of the surrounding area; and

1.2     the LED signage has the potential to endanger the safety of the public using Graham Farmer Freeway; and

2.       The sign does not comply with the requirements of the City’s Policy No. 7.5.2 – Signs and Advertising, as it constitutes a Billboard advertising third party signage.

 

Purpose of Report:

To consider an application for development approval for a billboard sign at No. 2 Edward Street, Perth.

PROPOSAL:

The application proposes the development of a 1.8 metre high by 9 metre long billboard sign which is proposed to display digital third party advertising. The billboard sign is proposed to be located on top of the roof of the building, setback 3.7 metres from the southern edge of the building and facing towards the Graham Farmer Freeway. The overall height of the development, measured from the natural ground level to the top of the proposed billboard signage on top of the building, will be approximately 17.7 metres.

 

The applicant has advised that the sign will advertise for a maximum of ten organisations at a time, with one advertisement being displayed at any given time. Each advertisement having a dwell time of 40 seconds, and the illumination proposed will be steady rather than flashing, intermittent or running.

 

The development plans that were lodged and advertised are included as Attachment 2, and the applicant’s signage strategy is included as Attachment 3.


 

Background:

Landowner:

The owners of 2 Edward Street, Perth, Strata Plan No. 66931

Applicant:

Boris Spaseski and Zana Spaseska

Date of Application:

12 April 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Mixed Use          R Code: R100

Built Form Area:

Mixed Use Area

Existing Land Use:

Mixed Use Development

Proposed Use Class:

Billboard

Lot Area:

774m²

Right of Way (ROW):

No

Heritage List:

No

 

The subject site is located at the corner of Edward Street and Claisebrook Road, adjacent to the Graham Farmer Freeway to the south of the property and a dance studio directly abutting the site to the north-west (refer to Attachment 1). The site to the north of the property is 123 Claisebrook Road, which has an existing development approval granted by the Metrowest JDAP on the 20 December 2017 for the partial demolition of the existing building and construction of a four storey mixed use building, including one office and twelve multiple dwellings. The subject site also abuts a vacant site to the south west which has no current development approvals.

 

The site and surrounding area are zoned ‘Mixed Use’ and is characterised by a mix of commercial development up to six storeys in height, with the total height limit for the area being eight storeys as per the City’s Policy No. 7.1.1 – Built Form. Some low rise residential development is located within the locality, facing away from the subject lot along Gladstone Street.

 

On 26 February 2013, Council resolved to approve demolition of the (then) existing building on the subject site and the construction of a three storey mixed use development comprising three commercial tenancies, five multiple dwellings and associated car parking. This development was subsequently constructed.

 

On 30 October 2015, the City received an application (5.2015.493.1) for development approval to erect two signs on top of the three storey building, with Sign 1 being 3 metres high and 9 metres long and Sign 2 being 1.2 metres high and 30 metres long. Sign 1 was proposed to be a billboard sign, which is defined by the City’s Policy No. 7.5.2 – Signs and Advertising, as follows.

 

“Billboard: means a sign erected for the purpose of advertising products or services which are not being offered on a site on which the sign is erected.”

 

The signs were proposed to advertise for the businesses operating on the subject lot, with no third party advertising proposed. The City approved the application under Delegated Authority on 16 March 2016, with a condition that Sign 1 was reduced to 1.8m in height.

 

On 9 June 2016, the City received an application to amend the above approval so as to allow Sign 1 to have a height of 3 metres. The City refused that application as the scale of the proposed signage was considered to have a negative visual impact and detract from the amenity of the surrounding area.

 

The 16 March 2016 approval (5.2015.493.1) expired on 16 March 2018, and development relating to the signage was not substantially commenced prior to the expiration of the approval.

 

The current application involves the same sized signage as was previously approved by Council but is different insofar as it proposes third party advertising.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent Local Planning Scheme No. 2 (LPS2) and the City’s Policy No 7.5.2 Signs and Advertising.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Signage (Billboard)

 

ü

Detailed Assessment

The deemed-to-comply assessment of the element that requires the discretion of Council is as follows:

 

Policy No: 7.5.3 Signs and Advertising

Deemed-to-Comply Standard

Proposal

Part 3. iii) Bill Posting and Billboards

 

Bill Posting, Billboards and the structures of a similar or identical type are not permitted within the City of Vincent.

 

 

The application involved a Billboard sign.

 

The above element of the proposal does not meet the specified deemed-to-comply standards and is discussed in the Comments section below.

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015, for a period of 21 days commencing on 14 June 2018 to 4 July 2018. Community consultation was undertaken by means of written notifications being sent to surrounding landowners and a notice on the City’s website. At the conclusion of the community consultation period, five submissions were received by the City comprising of four objections and one supporting the proposal. The main issues raised as part of the consultation relate to:

 

·       The sign having a negative impact on the area, and not being in line with the areas progression.

·       Affecting the views of multi-level development proposed in the area.

 

A summary of the submissions and Administration’s comments on each is included as Attachment 6.

 

Main Roads WA Referral

 

The application was referred to Main Roads WA on 6 June 2018 on the basis that it could potentially have an impact on the function of a Primary Regional Road. A response was received by the City on 5 July 2018.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

·       Planning and Development (Local Planning Schemes) Regulations 2015;

·       City of Vincent Local Planning Scheme No. 2;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.1.1 – Built Form; and

·       Policy No. 7.5.2 – Signs and Advertising.

 

In accordance with Schedule 2 Clause 76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 and Part 14 of the Planning and Development Act 2005, the applicant will have the right to apply to the State Administrative Tribunal for a review of Council’s determination.

 

Local Planning Scheme No. 2

 

LPS2 includes the following objectives for the Mixed Use zone:

 

·       To provide for a wide variety of active uses on street level which are compatible with residential and other non-active uses on upper levels.

·       To allow for the development of a mix of varied but compatible land uses such as housing, offices, showrooms, amusement centres, eating establishments and appropriate industrial activities which do not generate nuisances detrimental to the amenity of the district or to the health, welfare and safety of its residents.

 

·       To provide for a compatible mix of high density residential and commercial development.

 

·       To promote residential use as a vital and integral component of these mixed use zones.

 

·       To ensure development design incorporates sustainability principles, with particular regard to waste management and recycling and including, but not limited, to solar passive design, energy efficiency and water conservation.

 

·       To ensure the provision of a wide range of different types of residential accommodation, including affordable, social and special needs, to meet the diverse needs of the community.

Delegation to Determine Applications:

The matter is being referred to Council as the development of a billboard is not able to be determined under Delegated Authority, as per Part 6.2 of the City of Vincent’s Delegated Authority Register.

Risk Management Implications:

It is Administration’s view that there are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

The City’s Strategic Plan 2013-2023 states:

 

Natural and Built Environment

 

1.1       Improve and maintain the natural and built environment and infrastructure.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

The City’s Policy No. 7.5.2 – Signs and Advertising does not permit billboards as of right within the City of Vincent. Under Policy No. 7.5.2 – Signs and Advertising, departures from the policy requirement can be considered where it is determined the departure is appropriate to the setting of the sign.

 

Applicant’s Justification

 

The applicant has provided justification regarding the appropriateness of the setting of the subject site for a billboard sign displaying third party advertising through a consultant’s report completed by CF Town Planning & Development and, as per the requirements of Policy No 7.5.2, a signage strategy that details how the sign will be managed in order to have minimal impact upon the surrounding area.

 

Justification provided from the applicant in support of the proposed billboard sign is summarised as follows:

 

·       The sign will not have an adverse impact on the surrounding area as the locality is characterised by an eclectic mix of commercial and industrial developments. As such, the sign will not have an adverse impact on the local streetscape in terms of visual distraction or visual pollution.

·       One sign is being proposed and this will not result in a proliferation of signs.

·       The subject land protrudes forward of the existing lots along Edward Street, therefore allowing the sign to be visible from the Graham Farmer Freeway, but having limited impact on the surrounding lots.

·       The sign will provide visual interest and activity to the area, thereby adding much needed security to the area.

·       The area comprises no clear architectural character and therefore the sign will not infringe upon an established style of development.

·       The size of the sign equates to approximately 1.8 percent of the façade of the existing building on the subject site, and therefore will not dominate the locality.

·       The sign will be able to be programmed to comply with Main Roads WA requirements in regards to luminescence.

·       The sign will comply with the Australian Standards regarding advertising content, and the billboard sign will add visual interest and colour to an otherwise dormant and underdeveloped area of the City.

·       The City has previously approved billboard signs within the district, specifically a billboard sign at Nos. 596-598 Newcastle Street, Perth.

 

Main Roads WA Comments

 

Main Roads WA provided comment on 5 July 2018 advising that it do not support the proposed sign as it proposed to be located within a Device Restriction Area (DRA). DRAs are intended to restrict the development of advertisements in close proximity to major roads. The proposed sign is within the Device Restriction Area abutting the off-ramp and directional traffic signs in relation to the Graham Farmer Freeway. The proposed location of the sign within this Device Restriction Area means that the sign may pose safety concerns for the traffic on the freeway.

 

It should be noted that Main Roads’ comments also refer to Sign 2, however, that sign does not form part of the current application.

 

Administration’s Comments

 

The locality is characterised by medium rise commercial development and low rise residential development, with its future vision being a Mixed Use Area under the City’s Policy No. 7.1.1 – Built Form. The advertising for commercial tenancies in the immediate area promote only the businesses and services offered at the respective sites. Additionally, they are not in a billboard format nor are they digital, and do not protrude above the roof line of the existing buildings. As such, signage for the subject lot and its surrounding area currently provides for advertising in a manner that is proportionate to and bears relevance to the premises on which they are located. The proposed sign will be illuminated and intended to display third party advertising that does not relate to the site. The City’s Policy No. 7.5.2 – Signs and Advertising does not permit such billboard advertising proposals. In addition, the proposed billboard sign is inconsistent with the established character of the immediate area and does not contribute or enhance its amenity.

 

The subject site is located approximately 16.5 metres from the Graham Farmer Freeway and the proposed billboard will be at a height of 17.7 metres measured to the top of the sign (on top of the existing building) from ground level. The sign is also oriented towards Graham Farmer Freeway and therefore would be clearly visible and prominent as viewed from the freeway, as well as from existing adjacent commercial properties and future adjacent residential properties. The primary purpose of the billboard sign is to attract the attention of motorists using Graham Farmer Freeway, and Main Roads WA has indicated that the subject site’s location is within a Device Restriction Area, established to control development and protect against driver distraction at the off-ramp of the Graham Farmer Freeway.

 

With regards to the digital and illuminated nature of the sign, Policy No. 7.5.2 – Signs and Advertising sets out that an illuminated sign should not change more than once in a five minute period. The proposed billboard will have up to ten advertisements, with only one advertisement being displayed at a time and for a period of forty seconds. The proposed frequency of rotation does not comply with the policy requirements.

 

As the applicant has noted, the City has previously approved billboard signs at Nos. 596-598 Newcastle Street, Perth. On 6 March 2018, Council resolved to conditionally approve an application for an extension of time for two billboard signs that have been in-situ since 2004. It is important to note that the report to Council on that matter acknowledged the following:

 

·       The signs are billboards and present third party advertising, however, they are not digital, with the advertisements being static and displaying one advertisement at a time.

·       The billboards have been on the site with approval from the City for the past 14 years and formed part of the established streetscape.

·       The billboards are not visible from the nearby residential properties.

·       Vehicle access to the site is constrained given its location on the corner of Loftus and Newcastle Streets.

·       The site is identified as being within the Activity Corridor Area under Policy No. 7.1.1 – Built Form with six storeys permitted for the site.

 

In approving the application, a time limitation was imposed so as to allow the site to be used for the interim until the development context of this area changes in line with optimal development outcome envisaged in Policy No. 7.1.1 – Built Form.

 

It is considered that these particular circumstances do not extend to the proposed billboard signage at No. 2 Edward Street, Perth and its context. Furthermore, approving the proposed billboard signage in prominent locations along transit corridors on the basis that the site benefits from high exposure may encourage the proliferation of similar billboard signage proposals on buildings in the area and throughout the district.

 

There are no other existing billboard signs in the immediate area surrounding the proposed development site. The third party advertisements, digital illumination and changing display proposed for the billboard sign to be situated on top of the existing three storey building at No. 2 Edward Street, Perth will result in a sign that is noticeably inconsistent with the area. The proposed development is therefore considered to be incompatible with the setting of the locality and is not considered to be an appropriate addition to the area. In light of this, the proposed development is recommended for refusal.

 


Council Briefing Agenda                                                                                                             17 July 2018


 


Council Briefing Agenda                                                                                                             17 July 2018


 


 


 


 


 


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Council Briefing Agenda                                                                                              17 July 2018


 


 


Council Briefing Agenda                                                                                                             17 July 2018

 


Council Briefing Agenda                                                                                            17 July 2018

5.11        North Perth Town Centre Parking Restrictions - Results of Community Consultation

TRIM Ref:                  D18/74476

Author:                     Stephen Schreck, Strategic Planning Officer

Authoriser:                Luke Gibson, A/Director Development Services

Attachments:             1.       Attachment 1 - Property Consultation Map

2.       Attachment 2 - Summary of Submissions

3.       Attachment 3 - Current, Advertised and Proposed Parking Restrictions Chelmsford Road, Grosvenor Road and Leake Street

4.       Attachment 4 - Current, Advertised and Proposed Parking Restrictions Pansy Street and Pansy Street Car Park

5.       Attachment 5 - Current, Advertised and Proposed Parking Restrictions Vine Street  

 

Recommendation:

That Council:

1.       NOTES the summary of submissions and the City’s responses to those submissions, as shown in Attachment 2; and

2.       REGULATES vehicle parking, pursuant to cl. 1.8 of the City’s Parking and Parking Facilities Local Law 2007, as follows:

2.1     On Chelmsford Road, Grosvenor Road and Leake Street, as shown in Attachment 3;

2.2     On Pansy Street and in the Pansy Street Car Park, as shown in Attachment 4; and

2.3     On Vine Street, as shown in Attachment 5.

 

Purpose of Report:

To consider the results of the community consultation undertaken regarding the trial restrictions on Chelmsford Road, Grosvenor Road, Leake Street, new parking restrictions on Pansy Street, Pansy Street Car Park and the modified parking restrictions on Vine Street in North Perth, and determine appropriate regulatory responses.

Background:

On 23 August 2018, Council introduced new parking restrictions on Chelmsford Road, Grosvenor Road and Leake Street as a trial to address an increase in patrons of surrounding businesses using these streets for parking.

 

The new parking restrictions on Chelmsford Road and Leake Street included ‘Resident Only Parking’ from 5:00am to 9:00am and from 3:00pm to 9:00pm and 2P at all other times. New parking restrictions on Grosvenor Road were introduced as 2P from 8:00am to 6:00pm, Monday to Friday and from 8:00am to 12 noon on Saturday. ‘No Parking’ was introduced on all three streets. A map of the current, advertised and proposed restrictions is included as Attachment 3.

 

The signage and line marking were implemented and came into effect in late 2016. Following the completion of the trial, it was intended that the City would consult nearby land owners on the trial and present a report back to Council.

 

Further to the above, the City was experiencing parking issues more broadly in the North Perth town centre. As a result, a more comprehensive survey of the area was undertaken. This survey resulted in a set of new parking restrictions for the broader North Perth Town Centre, which were introduced on 7 March 2017.

 

A six month review was undertaken to ensure the parking restrictions were working to effectively manage parking in the town centre. The results of that six month review were presented back to Council on 4 April 2018. At that meeting, Council resolved to advertise new parking restrictions including 2P from 8:00am to 6:00pm on Monday to Friday on Pansy Street and in the Pansy Street car park and modifying the 5P 8:00am to 6:00pm, Monday to Friday and ‘No Parking’ parking restrictions on Vine Street.

Consultation/Advertising:

The City advertised the proposed changes to parking restrictions to residents and businesses in the surrounding areas between 27 April 2018 and 20 May 2018 by sending a letter and consultation form to each landowner identified in Attachment 1. During this period the City received a total of 19 submissions. The City received a total of 19 submissions during the public comment period, which raised five main issues, as follows:

 

Parking Trial – Chelmsford Road, Grosvenor Road & Leake Street

·       Compliance with parking restrictions

·       Signage

·       Street width

 

Pansy Street & Pansy Street Car Park

·       Private Parking

 

Vine Street

·       “No Parking” zone

 

A full summary of submissions and the City’s responses are shown in Attachment 2, with discussion on each issued contained later in the report.

Legal/Policy:

·       Local Government Act 1995; and

·       City of Vincent Parking and Parking Facilities Local Law 2007.

Risk Management Implications:

It is considered low risk for Council to introduce or change parking restrictions on City of Vincent managed roads.

Strategic Implications:

The City’s Strategic Plan 2013 – 2023 states:

 

“1.1.5 Take action to improve transport and parking in the City and mitigate the effects of traffic”

 

The City’s Car Parking Strategy 2010 states:

 

“Objective 7:

 

·       Ensure sufficient parking supply to support prosperous and vibrant commercial and high activity centres; and

·       Ensure parking space availability is managed according to the varying needs of businesses, customers and commuters.”

SUSTAINABILITY IMPLICATIONS:

The City’s Sustainable Environment Strategy 2011 – 2016 states:

 

“1.13     Employ a demand management approach to car parking within the City to encourage the use of alternative transport modes.”

Financial/Budget Implications:

The costs associated with implementing the proposed restrictions will be met by the City’s existing capital budget.

Comments:

Parking Trial – Chelmsford Road, Grosvenor Road & Leake Street

 

Parking Restrictions on Chelmsford Road and Leake Street were advertised as ‘Resident Only Parking’ from 5:00am to 9:00am and from 3:00pm to 9:00pm and 2P at all other times. The advertised parking restrictions on Grosvenor Road included 2P from 8:00am to 6:00 pm, Monday to Friday and 8:00am to 12 noon on Saturday. ‘No Parking’ was advertised for one side of the street on all three streets. A map of these restrictions is included as Attachment 3.

 

1.         Compliance with Parking Restrictions

 

Residents on both Chelmsford Road and Grosvenor Road explained that vehicles continued to park on the streets during ‘Resident Only Parking’ hours making it difficult for residents to access parking outside their properties.

 

The City’s Ranger Services team are responsible for managing parking on City of Vincent streets. Increased monitoring of the parking restrictions on Chelmsford Road, Grosvenor Road and Leake Street will be investigated to improve management of parking demand.

 

2.         Parking Signs on Streets

 

Parking restrictions were implemented on the western side of Leake Street and, as a result, the appropriate signage was installed on the street. A resident on Leake Street explained that the signs created visual pollution on the street.

 

Signage relating to parking on streets is controlled and regulated by the Australian Standards. To ensure that the City can effectively enforce parking restrictions, signage must follow these Standards.

 

3.         Street Width

 

Chelmsford Road, Grosvenor Road and Leake Street are all a width of six metres and considered to be too narrow to support parking on both sides of the street. As a result, the streets were advertised with ‘No Parking’ on one side of the street.

 

Concern was raised on Leake Street with the ‘No Parking’ restriction being on the western side. Submitters explained that there were more driveways and laneways on the western side which led to vehicles often blocking the driveways and laneways. The submitter explained that there is more parking available on the eastern side and parking should be modified to be ‘No Parking’ on the western side.

 

‘No Parking’ was implemented on the western side of Leake Street to allow residents on that side of the street greater access to parking outside of their house. It was determined that the level of amenity would be increased for residents given that the majority of properties on the western side of Leake Street are fronting the street, whereas properties on the eastern side front Chelmsford Road and Grosvenor Road.

 

Residents on Grosvenor Road also raised concerns with the width of the street explaining that it was not wide enough to support the additional traffic attempting to access parking and using the street as a thoroughfare to access Fitzgerald Street, which created a safety issue.

 

Parking was restricted on the southern side of Grosvenor Road to reduce the parking demand on the street and increase safety for road users. The City recently undertook surveys between 9:00am and 8:00pm on Wednesday, Friday and Saturday. The surveys showed that Grosvenor Road had a peak occupancy of 32 percent, which occurred at 9:00am – 11:00am and Midday – 2:00pm on Friday 8 December.

 

Based on the above, no change is recommended to parking restrictions on Grosvenor Road and Leake Street.

 


 

Pansy Street & the Pansy Street Car Park

 

Pansy Street and the Pansy Street Car Park were advertised as 2P between 8:00am and 6:00pm on Monday to Friday.

 

4.         Private Parking

 

Residents near to the Pansy Street Car Park raised concerns with the implementation of parking restrictions in the car park and on Pansy Street. They explained that this parking was used by local residents to park vehicles that were unable to be parked at their property, particularly those living in nearby multiple dwellings.

 

The City’s Policy No. 3.9.3 – Parking Permits states that where a group or multiple dwelling unit has a specific development approval condition not allowing them to receive parking permits, they will not be issued. Mixed use developments, similar to that in the area surrounding Pansy Street, are assessed by the City against the Residential Design Codes and the City’s policies to ensure that adequate parking is supplied on site. Where the requirements of the Policies are met, parking permits will not be issued. The proposed parking restrictions are intended to increase the turnover of the available public parking, particularly during the main business hours of the surrounding local businesses.

 

Based on the above, no change is recommended to the advertised parking restriction of 2P 8:00am – 6:00pm, Monday to Friday on Pansy Street and in the Pansy Street Car Park, as shown in Attachment 4.

 

Vine Street

 

Vine Street was advertised with ‘No Parking’ on the eastern side and 5P between 8:00am and 6:00pm, Monday to Friday on the western side.

 

5.         No Parking Zone

 

Feedback from local residents explained that Vine Street is often congested with cars parking on both sides of the street, which restricts traffic movement. The submitters that objected to the proposal explained that there was more parking available on the eastern side of the street and this should be maintained, as well as morning traffic utilising Vine Street as a thoroughfare to access Angove Street.

 

Vine Street is too narrow to support parking on both sides of the street and allow for safe movement of traffic. Modifying the ‘No Parking’ restriction from the western side to the eastern side of Vine Street should increase parking availability for residents and maintain safe movement of traffic, and is also consistent with the approach taken for Leake Street.

 

Based on the above, no change is recommended to the advertised parking restriction of ‘No Parking’ to the eastern side of Vine Street and 5P 8:00am – 6:00pm, Monday to Friday to western side of Vine Street, in accordance with Attachment 5.

 

Conclusion:

 

The parking restrictions advertised on Chelmsford Road, Grosvenor Road, Leake Street, Pansy Street, Pansy Street Car Park and Vine Street received majority support, with 68 percent of submissions supporting the proposal. The restrictions are intended to better manage parking demand and availability of parking for residents and local businesses, while also increasing the safety on Chelmsford Road, Grosvenor Road, Leake Street and Vine Street by restricting parking to one side of these streets.

 

It is recommended that Council adopts the proposed parking restrictions in accordance with Attachments 3, 4 and 5.

 

It is acknowledged that parking use and demand continuously evolves over time, so the City must monitor parking occupancy to ensure that restrictions are working effectively. A project has been included in the 2018/19 Council Budget to survey car parking across the City, which will be used to form part of the recommendations in the City’s future Integrated Transport Plan.

 


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                                             17 July 2018


 


 


 


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                                             17 July 2018


Council Briefing Agenda                                                                                                             17 July 2018

 


Council Briefing Agenda                                                                                            17 July 2018

5.12        LATE REPORT: Submission on Modernising WA's Planning System - Planning Reform Green Paper

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING - 17 JULY 2018.

  


Council Briefing Agenda                                                                                            17 July 2018

6            Engineering

6.1          Tender No. 548/18 - Tree Watering and Tree Planting Services

TRIM Ref:                  D18/74623

Author:                     Jeremy van den Bok, Manager Parks & Urban Green

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Pricing Schedule & Evaluation - Confidential   

 

Recommendation:

That Council ACCEPTS Tender No. 548/18 from Leo Heaney Pty Ltd for the provision of Tree Watering and Tree Planting Services as per the pricing schedule (Confidential Attachment 1) in the tender submission and general conditions of tendering.

 

Purpose of Report:

To consider awarding of Tender No. 548/18 – Tree Watering and Tree Planting Services for the City of Vincent.

Background:

The City has intensified its tree planting program over the past five years, resulting in an increase in canopy cover in the public domain, an important objective of the City’s Greening Plan.

 

Areas where the majority of new trees are planted are generally not reticulated, therefore manual tree watering is imperative to their survival over the first few years of their establishment, even with native species.

 

The current contract for tree watering and tree planting services, which has been provided by both Leo Heaney Pty Ltd and Brian Perich, expires on 1 August 2018.

 

Due to changes to the Local Government (Functions and General) Regulations 1996, a panel of contractors is no longer permitted unless supported by policy, therefore a single supplier is being engaged for the duration of this contract.

Details:

Tenders Received:

 

At the close of the tender advertising period six conforming tenders were received from the following companies:

 

·       Leo Heaney Pty Ltd

·       ULL WA Pty Ltd

·       Wattle Facility Group

·       Trees Need Tree Surgeons

·       Psyco Sands

·       Tree Planting and Tree Watering

 

A second alternative tender was also received from Trees Need Tree Surgeons.  This tender was non-conforming and therefore was not evaluated.

 

Tender Assessment:

 

Under delegation 1.19, the Procurement Plan was executed by the Director Engineering with the Evaluation Criteria being approved on 8 May 2018 as below.

 

CRITERIA

WEIGHTING

Financial offer

40%

Demonstrated experience, qualifications, capacity and resources to undertake the requirements of this contract.

30%

Demonstrated ability to supply and deliver services within the nominated timeframes

20%

History and viability of the company

10%

Total

100%

 

The tenders were assessed by members of the Tender Evaluation Panel (below) and each tender was assessed using the above evaluation criteria, with a scoring system being used as part of the assessment process.

 

Tender Evaluation Panel:

 

·       Manager Parks and Urban Green

·       Coordinator Parks

·       Technical Officer Parks

·       Assets Officer Projects

 

Tender Evaluation Ranking:

 

Tender rankings are shown in the following table. Of the seven tenders received, six were deemed compliant and were therefore evaluated.  Full details and submitted prices are shown in Confidential Attachment 1.

 

Criteria

Weighting

Leo Heaney

Tree Planting and Tree Watering

ULL WA

Psyco Sands

Wattle Facility Group

Trees Need Tree Surgeons

Financial offer

40%

40

38

39

36.9

25.9

27.6

Demonstrated experience, qualifications, capacity and resources to undertake the requirements of this contract.

30%

25.5

25.5

24.8

24.8

22.5

20.3

Demonstrated ability to supply and deliver services within the nominated timeframes

20%

16.5

16.5

15

14.5

14.5

12

History and viability of the company

10%

9.3

9.3

9.3

7

7

7.3

Total

100%

91.3

89.3

88.0

83.2

69.9

67.1

Ranking

 

1st

2nd

3rd

4th

5th

6th

Consultation/Advertising

Tender No. 548/18 – Tree Watering and Tree Planting Services was advertised on 9 May 2018 and closed on Friday 25 May 2018.

 

Contract Type

Hourly rate contract

Contract term:

Three years

Commencement date:

On awarding of contract

Expiry date:

Three years from awarding of contract

Legal/Policy:

The tender was advertised and assessed in accordance with the Local Government Act 1995, Local Government (Functions and General) Regulations 1996, and the City’s Purchasing Policy 1.2.3

Risk Management Implications:

Not applicable.

Strategic Implications:

In accordance with the City’s Strategic Plan 2013-2023, Objective 1 states:

 

“1.1    Improve and maintain the natural and built environment and infrastructure.”

 

1.1.4  “Enhance and maintain the City’s infrastructure, assets and community facilities to provide a safe, sustainable and functional environment.”

SUSTAINABILITY IMPLICATIONS:

Not applicable.

Financial/Budget Implications:

Costs associated with this contract are charged to various accounts, including the street tree and parks operating accounts and capital works accounts as required.  The estimated cost per annum for providing these services is $350,000 and this amount has been budgeted for across the various account codes as required.

Comments:

A Tender Evaluation Summary is included in the Confidential Attachment 1 and contains further information on the evaluation.

 

The submission from Leo Heaney Pty Ltd complies with all the tender requirements, they have satisfactorily performed in similar roles in other local governments and their tender submission provides good value for money.

 

As such the evaluation panel was satisfied that Leo Heaney Pty Ltd demonstrated that they have the capacity, experience, plant/equipment and personnel required to undertake the works outlined in the specification and will provide the City with the most advantageous outcome.

 

It is therefore recommended that Council accepts Tender No. 548/18 from Leo Heaney Pty Ltd for Tree Watering and Tree Planting Services.  


Council Briefing Agenda                                                                                            17 July 2018

6.2          Tender No. 549/18 - Removal of Trees and Pruning of Trees within Parks and Reserves

TRIM Ref:                  D18/74624

Author:                     Jeremy van den Bok, Manager Parks & Urban Green

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Pricing Schedule and Evaluation - Confidential   

 

Recommendation:

That Council ACCEPTS Tender No. 549/18 from Professional Tree Surgeons for the Removal of Trees and Pruning of Trees within Parks and Reserves as per the pricing schedule (Confidential Attachment 1) in the tender submission and general conditions of tendering.

 

Purpose of Report:

To consider awarding of Tender No. 549/18 – Removal of Trees and Pruning of Trees within Parks and Reserves for the City of Vincent.

Background:

The scope of works for this contract includes the removal of trees across the City and the pruning of trees within parks and reserves only. The pruning of trees in streetscapes is not included in the scope of the contract.

 

Tree removal works are undertaken predominantly in streetscapes where trees are removed in the most cases due to decline, vandalism, damage after storm events or in limited cases where a tree location affects a development. Where trees are removed both in streetscapes and parks, a replacement tree is usually planted in close vicinity of the original specimen.

 

Tree pruning works undertaken in parks involve the pruning of the larger mature trees where they are overhanging roadways and/or adjacent properties.

 

The current contract for the removal of trees and pruning of trees within Parks and Reserves, which has been provided by both Beaver Tree Services and Dickies Tree Service, expires on the 1 August 2018.

 

Due to changes to the Local Government (Functions and General) Regulations 1996, a panel of contractors is no longer permitted unless supported by policy, therefore a single supplier is being engaged for the duration of this contract.

Details:

Tenders Received:

 

At the close of the tender advertising period, eight conforming tenders were received from the following companies:

 

·       Tree Amigos Tree Surgeons Pty Ltd

·       WA Heritage Tree Surgeons

·       Professional Tree Surgeons

·       Tree Care WA

·       Trees Need Tree Surgeons

·       Premier Tree Services WA Pty Ltd

·       Dickies Tree Service

·       Beaver Tree Services Australia Pty Ltd

 

A second alternative tender was also received from Trees Need Tree Surgeons.  This tender was non-conforming and therefore was not evaluated.

 

Tender Assessment:

 

Under delegation 1.19, the Procurement Plan was executed by the Director Engineering with the Evaluation Criteria being approved on 8 May 2018 as below.

 

CRITERIA

WEIGHTING

Financial offer

40%

Demonstrated experience, qualifications, capacity and resources to undertake the requirements of this contract.

30%

Demonstrated ability to supply and deliver services within the nominated timeframes

20%

History and viability of the company

10%

Total

100%

 

The tenders were assessed by members of the Tender Evaluation Panel (below) and each tender was assessed using the above evaluation criteria, with a scoring system being used as part of the assessment process.

 

Tender Evaluation Panel:

 

·       Manager Parks and Urban Green

·       Coordinator Parks

·       Project Officer Parks and Environment

·       Assets Officer Maintenance

 

Tender Evaluation Ranking:

 

Tender rankings are shown in the following table. Of the nine tenders received, eight were deemed compliant and were therefore evaluated.  Full details and submitted prices are shown in Confidential Attachment 1.

 

Criteria

Weighting

Professional Tree Surgeons

Beaver Tree Services Australia Pty Ltd

Dickies Tree Service

Tree Care WA

Tree Amigos Tree Surgeons Pty Ltd

WA Heritage Tree Surgeons

Premier Tree Services WA Pty Ltd

Trees Need Tree Surgeons

Financial offer

40%

40

29.4

32.4

31.5

32.7

23.1

28.1

9.5

Demonstrated experience, qualifications, capacity and resources to undertake the requirements of this contract.

 

30%

25.5

27

24

23.3

21.8

24

20.3

21

Demonstrated ability to supply and deliver services within the nominated timeframes

 

20%

14

17.5

16

15

15.5

14

12.5

12.5

History and viability of the company

 

10%

9

9.3

9.3

8.5

8.3

8

6.3

8

Total

100%

88.5

83.2

81.7

78.3

78.2

69.1

67.1

51.0

Ranking

 

1st

2nd

3rd

4th

5th

6th

7th

8th

Consultation/Advertising:

Tender No. 549/18 – Removal of Trees and Pruning of Trees within Parks and Reserves was advertised on 9 May 2018 and closed on Friday 25 May 2018.

 

Contract Type

Schedule of rates contract

Contract term:

Three years

Commencement date:

On awarding of contract

Expiry date:

Three years from awarding of contract

Legal/Policy:

The tender was advertised and assessed in accordance with the Local Government Act 1995, Local Government (Functions and General) Regulations 1996, and the City’s Purchasing Policy 1.2.3

Risk Management Implications:

Not applicable.

Strategic Implications:

In accordance with the City’s Strategic Plan 2013-2023, Objective 1 states:

 

“1.1    Improve and maintain the natural and built environment and infrastructure.”

 

1.1.4  “Enhance and maintain the City’s infrastructure, assets and community facilities to provide a safe, sustainable and functional environment.”

SUSTAINABILITY IMPLICATIONS:

Not applicable.

Financial/Budget Implications:

Costs associated with this contract are charged to various accounts, including the street tree and parks operating accounts and capital works accounts as required.  The estimated cost per annum for providing these services is $200,000 and this amount has been budgeted for across the various account codes as required.

Comments:

A Tender Evaluation Summary is included in the Confidential Attachment 1 and contains further information on the evaluation.

 

The submission from Professional Tree Surgeons complies with all the tender requirements and they have satisfactorily performed in similar roles and their tender submission provides good value for money.

 

As such the evaluation panel was satisfied that Professional Tree Surgeons demonstrated that they have the capacity, experience and personnel required to undertake the works outlined in the specification and will provide the City with the most advantageous outcome.

 

It is therefore recommended that Council accepts Tender No. 549/18 from Professional Tree Surgeons for removal of trees and pruning of trees within Parks and Reserves.


Council Briefing Agenda                                                                                            17 July 2018

6.3          Tender No. 551/18 - Maintenance of Bores, Pumps and Associated Works

TRIM Ref:                  D18/74626

Author:                     Jeremy van den Bok, Manager Parks & Urban Green

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Pricing Schedule and Evaluation - Confidential   

 

Recommendation:

That Council ACCEPTS Tender No. 551/18 from K.S. Black Pty Ltd for Maintenance of Bores, Pumps and Associated Works as per the pricing schedule (Confidential Attachment 1) in the tender submission and general conditions of tendering.

 

Purpose of Report:

To consider awarding of Tender No. 551/18 – Maintenance of Bores, Pumps and Associated Works for the City of Vincent.

Background:

The City has sixty one groundwater bores and associated pumping units that are maintained on a four yearly cycle. These assets are very expensive and regular maintenance is required to ensure they continue to work efficiently and their life cycle is prolonged.

 

The current contract for the maintenance of bores, pumps and associated works, which has been provided by K.S. Black expires on 1 August 2018.

Details:

Tenders Received:

 

At the close of the tender advertising period, four tenders were received from the following companies:

 

·       K.S. Black Pty Ltd

·       Western Irrigation Pty Ltd

·       Total Eden Pty Ltd

·       Hydroquip Pumps

 

Tender Assessment:

 

Under delegation 1.19, the Procurement Plan was executed by the Director Engineering with the Evaluation Criteria being approved on 8 May 2018 as below.

 

CRITERIA

WEIGHTING

Financial offer

40%

Demonstrated experience, qualifications, capacity and resources to undertake the requirements of this contract.

30%

Demonstrated ability to supply and deliver services within the nominated timeframes

20%

History and viability of the company

10%

Total

100%

 

The tenders were assessed by members of the Tender Evaluation Panel (below) and each tender was assessed using the above evaluation criteria, with a scoring system being used as part of the assessment process.

 

Tender Evaluation Panel:

 

·       Manager Parks & Urban Green

·       Supervisor Parks

·       Coordinator Engineering Operations

·       Project Officer Parks and Environment

 

Tender Evaluation Ranking:

 

Tender rankings are shown in the following table. Of the four tenders received, all four were deemed compliant and were therefore evaluated. Full details and submitted prices are shown in Confidential Attachment 1.

 

Criteria

Weighting

KS Black Pty Ltd

Hydroquip Pumps

Total Eden Pty Ltd

Western Irrigation Pty Ltd

Financial offer

40%

33

40

32.9

23.4

Demonstrated experience, qualifications, capacity and resources to undertake the requirements of this contract.

30%

26.3

19.9

18.8

22.5

Demonstrated ability to supply and deliver services within the nominated timeframes

20%

18

13.3

13.5

16.5

History and viability of the company

10%

10

10

10

10

Total

100%

87.3

83.1

75.2

72.4

Ranking

 

1st

2nd

3rd

4th

 

Consultation/Advertising:

Tender No. 551/18 – Maintenance of Bores, Pumps and Associated Works was advertised on 9 May 2018 and closed on Friday 25 May 2018.

 

Contract Type

Schedule of rates contract

Contract term:

Three years

Commencement date:

On awarding of contract

Expiry date:

Three years from awarding of contract

 

Legal/Policy:

The tender was advertised and assessed in accordance with the Local Government Act 1995, Local Government (Functions and General) Regulations 1996, and the City’s Purchasing Policy 1.2.3

Risk Management Implications:

Medium:      This tender comprises of works that are an important service to the City, ensuring that our areas of public open space are maintained in a safe and sustainable manner. Bores and pumps are a valuable asset and must be regularly maintained to ensure they operate efficiently and effectively.

Strategic Implications:

In accordance with the City’s Strategic Plan 2013-2023, Objective 1 states:

 

“1.1    Improve and maintain the natural and built environment and infrastructure.”

 

1.1.4  “Enhance and maintain the City’s infrastructure, assets and community facilities to provide a safe, sustainable and functional environment.”

SUSTAINABILITY IMPLICATIONS:

Not applicable.

Financial/Budget Implications:

Costs associated with this contract are charged to the respective Parks and Reserves account on a four yearly cycle. Costs per annum vary, dependant on how many sites are serviced each year or what unplanned maintenance or repairs are required, however the total cost per annum would normally range from $100,000 to $120,000.

Comments:

A Tender Evaluation Summary is included in the Confidential Attachment 1 and contains further information on the evaluation.

 

The submission from K.S. Black Pty Ltd complies with all the tender requirements, they have satisfactorily performed in similar roles at other local governments and their tender submission provides good value for money.

 

As such the evaluation panel was satisfied that K.S. Black Pty Ltd demonstrated that they have the capacity, experience and personnel required to undertake the works outlined in the specification and will provide the City with the best value for money outcome.

 

It is therefore recommended that Council accepts Tender No. 551/18 from K.S. Black Pty Ltd for Maintenance of Bores, Pumps and Associated Works.


Council Briefing Agenda                                                                                            17 July 2018

6.4          LATE REPORT: Tender No. 553/18 - Supply and Laying of Kerbing

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING - 17 JULY 2018

 


Council Briefing Agenda                                                                                            17 July 2018

6.5          LATE REPORT: Tender No. 552/18 - Traffic Management Services

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING – 17 JULY 2018

  


Council Briefing Agenda                                                                                            17 July 2018

7            Corporate Services

7.1          LATE REPORT:  City of Vincent Long Term Financial Plan 2018/19-2027/28

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING 17 JULY 2018

 

 

 

 


Council Briefing Agenda                                                                                            17 July 2018

7.2          Authorisation of Expenditure for the Period 1 June 2018 to
25 June 2018

TRIM Ref:                  D18/93510

Author:                     Nikki Hirrill, Accounts Payable Officer

Authoriser:             Kerryn Batten, Director Corporate Services

Attachments:          1.       Payments by EFT June 18

2.       Payments by Cheque June 18

3.       Payments by Credit Card June 18  

 

Recommendation:

That Council RECEIVES the list of accounts paid under delegated authority for the period 1 June 2018 to 25 June 2018 as detailed in attachment 1, 2 and 3 as summarised below:

 

Cheque Numbers 82349 - 82390

 

$61,694.03

Cancelled cheques

 

-$0.00

EFT Documents 2257 - 2266

 

$3,787,202.89

Payroll       

 

$600,637.81

 

 

 

Direct Debits

 

 

·      Lease Fees

$385.00

 

·      Loan Repayments

$148,533.26

 

·      Bank Fees and Charges

$21,437.31

 

·      Credit Cards

$7,416.61

 

Total Direct Debit

 

$177,772.18

Total Accounts Paid

 

$4,627,306.91

 

 

 

Purpose of Report:

To present to Council the expenditure and list of accounts paid for the period 1 June 2018 to 25 June 2018.

Background:

Council has delegated to the Chief Executive Officer (Delegation No. 1.14) the exercise of its power to make payments from the City’s Municipal and Trust funds.  In accordance with Regulation 13(1) of the Local Government (Financial Management) Regulations 1996 a list of accounts paid by the Chief Executive Officer is to be provided to Council, where such delegation is made.

 

The list of accounts paid must be recorded in the minutes of the Council Meeting.

 

 

 

 

 

 

 

                                            

 

 

Details:

The Schedule of Accounts paid for the period 1 June 2018 to 25 June 2018, covers the following:

 

FUND

CHEQUE NUMBERS/

PAY PERIOD

AMOUNT

Municipal Account (Attachment 1, 2 and 3)

 

Cheques

82349 - 82390

$61,694.03

Cancelled Cheques

 

-$0.00

EFT Payments

2257 - 2266

$3,787,202.89

Sub Total

 

$3,848,896.92

 

 

 

Transfer of Payroll by EFT

12/06/18

$600,637.81

 

June 2018

$600,637.81

 

 

 

Bank Charges and Other Direct Debits

 

Lease Fees

 

$385.00

Loan Repayments

 

$148,533.26

Bank Charges – CBA

 

$21,437.31

Credit Cards

 

$7,416.61

 

 

 

Total Bank Charges and Other Direct Debits (Sub Total)

$177,772.18

 

 

Total Payments

 

$4,627,306.91

consulting/advertising:

Not applicable.

Legal/Policy:

Regulation 12(1) and (2) of the Local Government (Financial Management) Regulations 1996 refers, i.e.-

 

12.     Payments from municipal fund or trust fund, restrictions on making

 

(1)      A payment may only be made from the municipal fund or the trust fund —

·    if the local government has delegated to the CEO the exercise of its power to make payments from those funds — by the CEO; or

·    otherwise, if the payment is authorised in advance by a resolution of Council.

(2)      Council must not authorise a payment from those funds until a list prepared under regulation 13(2) containing details of the accounts to be paid has been presented to Council.

 

Regulation 13(1) and (3) of the Local Government (Financial Management) Regulations 1996 refers, i.e.-

 

13.     Lists of Accounts

 

(1)        If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared -

·       the payee’s name;

·       the amount of the payment;

·       the date of the payment; and

·       sufficient information to identify the transaction.

 

(3)      A list prepared under sub regulation (1) is to be —

·       presented to Council at the next ordinary meeting of Council after the list is prepared; and

·       recorded in the minutes of that meeting.

Risk Management Implications:

Low:    Management systems are in place to establish satisfactory controls, supported by internal and external audit function.

Strategic Implications:

Strategic Plan 2013-2023:

 

“4.1         Provide good strategic decision-making, governance, leadership and professional management:

 

4.1.2       Manage the organisation in a responsible, efficient and accountable manner;

 

(a)      Continue to adopt best practice to ensure the financial resources and assets of the City are responsibly managed and the quality of services, performance procedures and processes is improved and enhanced.”

SUSTAINABILITY IMPLICATIONS:

Not applicable.

Financial/Budget Implications:

All Municipal Fund expenditure included in the list of payments is in accordance with Council’s Annual Budget.

Comments:

If Councillors require further information on any of the payments, please contact the Manager Financial Services.

 

 


Council Briefing Agenda                                                                                                             17 July 2018

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Council Briefing Agenda                                                                                                             17 July 2018

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Council Briefing Agenda                                                                                                             17 July 2018

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Council Briefing Agenda                                                                                            17 July 2018

7.3          Investment Report as at 30 June 2018

TRIM Ref:                  D18/97271

Author:                     Sheryl Teoh, A/Coordinator Financial Services

Authoriser:             Kerryn Batten, Director Corporate Services

Attachments:          1.       Investment Report  

 

Recommendation:

That Council NOTES the provisional Investment Report for the month ended 30 June 2018 as detailed in Attachment 1.

 

Purpose of Report:

To advise Council of the level of investment funds and operating funds available, the distribution of surplus funds in investments and the interest earned to date.

Background:

Surplus funds are invested in bank term deposits for various terms, to maximise investment returns in compliance with good governance, legislative requirements and Council’s Investment Policy No 1.2.4.  Details are attached in Attachment 1.

 

The City’s investment portfolio is diversified across several financial Institutions in accordance with the Investment Policy.

 

There are still a number of year end transactions and adjustments that need to be completed before the year end accounts will be finalised and audited.  Whilst the overall balance of investments and interest earned is not likely to change, the allocations between Municipal, Trust and Reserve funds may need to be adjusted.

Details:

Total funds held for the period ended 30 June 2018 including on call in the City’s operating account were $28,409,157; compared to $24,670,461 for the period ending 30 June 2017.

 

Total term deposit investments for the period ended 30 June 2018 were $24,687,341 compared to $28,712,736 for the prior month end, and $23,533,279 for the period ending 30 June 2017.

 

Funds under management comparison table:

 

Month

2016/17

2017/18

Ended

Total funds held

Total term deposit investments

Total funds held

Total term deposit investments

July

$19,683,412

$18,420,252

$23,433,728

$21,212,649

August

$26,167,645

$22,573,297

$30,161,860

$27,714,651

September

$36,754,571

$34,302,896

$40,305,364

$37,944,911

October

$37,581,885

$34,521,542

$41,087,462

$38,947,823

November

$37,034,885

$35,775,011

$41,716,473

$39,482,047

December

$33,692,431

$31,165,443

$38,768,084

$37,065,389

January

$34,645,041

$33,201,749

$39,498,741

$36,147,499

February

$34,028,716

$32,316,251

$39,217,278

$36,665,928

March

$32,070,200

$31,424,409

$36,377,700

$34,622,001

April

$30,661,122

$26,206,328

$33,647,074

$31,177,278

May

$27,412,051

$25,718,292

$30,338,407

$28,712,736

June

$24,670,461

$23,533,279

$28,409,157

$24,687,341

 

 

 

Total accrued interest earned on Investments as at 30 June 2018:

 

 

Revised Budget

YTD

Budget

YTD

Actual

% of YTD Budget

Municipal

$423,000

$413,000

$506,274

119.69%

Reserve

$220,000

$220,000

$240,110

109.14%

Sub-total

$643,000

$643,000

$746,384

116.08%

Leederville Gardens Inc Surplus Trust*

$0

$0

$139,938

0.00%

Total

$643,000

$643,000

$886,322

137.84%

 

*Interest estimates for Leederville Gardens Inc Surplus Trust were not included in the 2017/18 Budget as actual interest earned is held in Trust and restricted.

Consultation/Advertising:

Nil.

Legal/Policy:

The power to invest is governed by the Local Government Act 1995.

 

6.14.     Power to invest

 

(1)        Money held in the municipal fund or the trust fund of a local government that is not, for the time being, required by the local government for any other purpose may be invested as trust funds may be invested under the Trustees Act 1962 Part III.

(2A)      A local government is to comply with the regulations when investing money referred to in subsection (1).

(2)        Regulations in relation to investments by local governments may — 

(a)    make provision in respect of the investment of money referred to in subsection (1); and