AGENDA

 

 

Council Briefing

 

9 October 2018

 

Time:

6pm

Location:

Administration and Civic Centre

244 Vincent Street, Leederville

 

 

 

 

Michael Quirk

A/Chief Executive Officer

 


Council Briefing Agenda                                                                                     9 October 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                                                                                     9 October 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. 14 (Lot 1; SP: 12592) Orange Avenue, Perth - Second Storey Addition and Alterations to Grouped Dwelling. 8

5.2             No. 48 (Lot 5; D/P: 14389) Egina Street, Mount Hawthorn - Two Grouped Dwellings. 34

5.3             No. 5/216 (Lot: 1; STR: 48057) Stirling Street, Perth - Amendment to Approval for Change of Use from Office to Shop. 60

5.4             No. 33 (Lot: 421 D/P: 301706) Church Street, Perth - Proposed Amendment to Conditions of Approval: Office and Unlisted Use (Community Service) 76

5.5             No. 8 (Lot: 38 D/P: 4576) Moir Street, Perth - Change of Use from Single House to Unlisted Use (Short Term Dwelling) (Unauthorised Existing Development) 111

5.6             No. 162 (Lot: 4; D/P: 62324) Oxford Street, Leederville - Amendment to Approval for Hours of Operation and Patron Numbers for Small Bar 157

5.7             No. 559 (Lot: 4 D/P 1477) Beaufort Street, Mount Lawley - Change of Use from Shop to Unlisted Use (Small Bar) - Amendment to Approved Conditions. 218

5.8             Integrated Transport Plan - Appointment of a Successful Tenderer 227

6          Engineering. 231

6.1             LATE REPORT: Proposed 40km/h Area Wide Speed Zone Trial - Results of Consultation. 231

6.2             LATE REPORT: Monthly Minor Parking Improvements/Amendments for Consideration. 232

7          Corporate Services. 233

7.1             LATE REPORT:  Investment report as at 30 September 2018. 233

7.2             Authorisation of Expenditure for the Period 22 August 2018 to  18 September 2018. 234

7.3             LATE REPORT:  Financial Statements as at 31 August 2018. 252

7.4             LATE REPORT:  Financial Statements as at 30 September 2018. 253

7.5             LATE REPORT:  Variation of Leederville Tennis Club and North Perth Tennis Club leases to enable return of funds held in City's reserve accounts to clubs. 254

7.6             City of Vincent Statutory Review of Wards and Representation. 255

7.7             LATE REPORT: Reallocation of Capital Budget Funds – Leederville Shared Space. 266

8          Community Engagement 267

8.1             Management of Services at Weld Square for People Experiencing Homelessness. 267

8.2             Kyilla Community Farmers Market - Permit Approval and Waiver of Fees [ABSOLUTE MAJORITY DECISION REQUIRED] 276

9          Chief Executive Officer 287

9.1             Adoption of the Strategic Community Plan 2018 - 2028. 287

9.2             Information Bulletin. 329

10        Motions of Which Previous Notice Has Been Given. 390

Nil

11        Representation on Committees and Public Bodies. 390

12        Closure. 390


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

Mayor Emma Cole on approved leave of absence from 17 September 2018 to 12 October 2018.

Cr Dan Loden on approved leave of absence from 7 October 2018 to 13 October 2018.

3            Public Question Time and Receiving of Public Statements

4            Declarations of Interest


Council Briefing Agenda                                                                                     9 October 2018

5            Development Services

5.1          No. 14 (Lot 1; SP: 12592) Orange Avenue, Perth - Second Storey Addition and Alterations to Grouped Dwelling

TRIM Ref:                  D18/126452

Authors:                   Stephanie Norgaard, Urban Planner

Mitchell Hoad, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Location and Consultation Map

2.       Attachment 2 - Council Refusal

3.       Attachment 3 - Development Application Plans

4.       Attachment 4 - Applicant's Justification

5.       Attachment 5 - Administration's Response to 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 development application for a Second Storey Addition to a Grouped Dwelling at No. 14 (Lot: 1; SP: 12592) Orange Avenue, Perth in accordance with the plans shown in Attachment 3, subject to the following conditions, with the associated determination advice notes in Attachment 5:

1.       Extent of Approval

This approval only relates to the ‘PROPOSED ADDITION’ and ‘PROPOSED UPPER FLOOR’ to Grouped Dwelling shown on the approved plans dated 5 September 2018 and does not relate to the ‘PROPOSED SPA’, ‘TIMBER DECK’, ‘EXTG STUDIO/SHED’ or any other development on the lot, and does not relate to the use of the site for anything other than a Grouped Dwelling;

2.       Landscaping

2.1     A detailed landscape and reticulation plan for the development site and adjoining road verge to the City’s satisfaction is 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, with the proposed tree in the front setback area to be based on the City’s tree selection tool;

·       Areas to be irrigated or reticulated; and

·       The provision of a minimum 30 percent Canopy Coverage and the inclusion of an additional tree, within the front setback area, as defined by the City’s Policy No. 7.1.1 – Built Form; and

2.2     All works shown in the plans as identified in Condition 2.1 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;

 

 

 

3.       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 shall be screened from view from the street, and surrounding properties to the satisfaction of the City; and

4.       Stormwater

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

 

Purpose of Report:

To consider an application for development approval for a second storey addition and alterations to an existing Grouped Dwelling at No. 14 Orange Avenue, Perth (subject site).

PROPOSAL:

The application proposes ground floor alterations and a second storey addition to an existing Grouped Dwelling.

Background:

Landowner:

Derek Bower

Applicant:

Derek Bower

Date of Application:

2 August 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Residential         R Code: R50

Built Form Area:

Residential

Existing Land Use:

Grouped Dwelling

Proposed Use Class:

P

Lot Area:

362m²

Right of Way (ROW):

Yes – 3m wide, drained and sealed

Heritage List:

No

 

The subject site is located at No. 14 Orange Avenue, Perth, as shown in the location plan included as Attachment 1. The site is bound by Orange Avenue to the west, a right of way to the east and residential properties to the north and south. The subject site comprises of a single storey dwelling, which shares a common wall and roof with No. 16 Orange Avenue.

 

Orange Avenue has been developed with predominantly ‘terrace style’ single storey single houses and grouped dwellings. Although there are two storey developments including multiple dwellings and commercial developments within the broader area. There are a number of Heritage Listed dwellings located to the east of the subject site (fronting Lake Street) on the opposite side of the right of way.

 

The subject site is zoned Residential with a density code of R50 under the City’s Local Planning Scheme No. 2 (LPS2). The subject site is located within the ‘Residential Area’ under the City’s Built Form Policy No. 7.1.1 (Built Form Policy) and has been assessed against the applicable standards and requirements of the policy.

 

A previous development application was presented to Council at its Ordinary Council Meeting on 4 April 2018. The application was deferred by Council to enable the applicant time to address Council’s concerns relating to streetscape, setbacks, bulk and scale and visual privacy.

 

An amended version of the application was presented to Council at its Ordinary Council Meeting on 26 June 2018. The application was refused by Council on the basis that the building height and proposed northern setback was considered to have a detrimental impact on the streetscape. The refused development plans have been included as Attachment 2.

 

The applicant has since lodged new development application which differs from the refused application in the following manner:

·       The building height reduced from 7.2 metres to 7.0 metres, which reduced the deem-to-comply northern lot boundary setback by 100 millimetres;

·       Additional landscaping is proposed within the front setback area; and

·       Modifications to the colours and materials on the upper level addition and the rear addition. The development involves a different combination of cladding and incorporates a lighter colour pallet.

The new application is now compliant with the building height requirements of the City’s Built Form Policy. A copy of the applicant’s development plans has been included as Attachment 3 and justification for the proposal is included as Attachment 4.

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 Built Form Policy, Policy No. 7.6.1 – Heritage Management – Development Guidelines for Heritage and Adjacent Properties and the State Government’s Residential Design Codes (R 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

 

Street Setback

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

ü

 

Surveillance

ü

 

Impact on Adjacent Heritage Buildings

ü

 

Detailed Assessment

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

 

Lot Boundary Setbacks

Deemed-to-Comply Standard

Proposal

R Codes Clause 5.1.3

 

Southern Boundary

Ground Level – 4.8m

 

Northern Boundary

Level One – 1.5m

 

 

Southern Boundary

Ground Level – 3.8m

 

Northern Boundary

Level One – 0.9m

 

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 29 August 2018 and concluding on 11 September 2018. Community consultation was undertaken by means of written notification being sent to surrounding landowners, as shown in Attachment 1 and a notice on the City’s website.

 

The City received two submissions in objection to the proposal during community consultation. Two submission in objection to the proposal were also received after community consultation had concluded. A summary of submissions received and Administration’s response to these is included as Attachment 5. The applicant’s response to the summary of submission is included as 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;

·       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; and

·       Policy No. 7.6.1 – Heritage Management – Development Guidelines for Heritage and Adjacent Properties.

Delegation to Determine Applications:

The development application is being referred to Council as the proposal relates to a matter 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:

Nil.

Comments:

Lot Boundary Setbacks

 

Northern Boundary

 

The proposal incorporates a 0.9 metre upper floor setback to the northern boundary in lieu of the deemed-to-comply standard of 1.5 metres. The subject site shares a 5.5 metres common boundary wall with the adjoining property to the north. The existing boundary wall will screen the majority of the proposed upper level addition, which will protrude 1.2m higher than the highest point of the boundary wall. The portion of the upper level addition that will be visible above the boundary wall will incorporate cladding to reduce the visual impact. It is noted that the northern façade does not incorporate any major openings and therefore, will not result in a loss of privacy.

 

 

 

The development has setback the upper level addition 10.7 metres from the primary street, which exceeds the deemed-to-comply street setback requirement of 6.0 metres. The increased setback is considered to further reduce the visual impact of the lot boundary setback variation when viewed from the street. The proposal has also incorporated additional landscaping within the front setback area in the form of a proposed palm tree. Additional landscaping in conjunction with the established frangipani tree will provide sufficient screening to the second storey addition from the street.

 

Southern Boundary

 

On the ground level, the proposal incorporates a 3.8 metre setback to the main building in lieu of the deemed-to-comply standard of 4.8 metres. The existing dwelling on the site has a wall length of 25.4 metres and is setback 3.8 metres from the southern boundary. This development proposes to reconfigure the existing rear portion of the dwelling by introducing a new major opening to the southern façade and reducing the length of the building to 22.0 metres. The introduction of the opening results in an increased deemed-to-comply setback requirement from what is presently required, which is the cause for the variation, keeping in mind that the existing setback will not change.

 

The reduction in the length of the ground floor and introduction of a major opening to a previously solid wall mitigates the impact of building bulk. Although the ground floor southern boundary elevation contains major openings, the finished floor level of the dwelling does not exceed 0.5 metres above natural ground level and therefore, the proposal complies with the visual privacy requirements of Clause 5.4.1 of the R Codes. The proposal is also compliant with the overshadowing requirements of Clause 5.4.2 of the R Codes.

 

In light of the above, it is considered that the proposal satisfies the design principles and local housing objectives of Clause 5.1.3 and Clause 5.3 of the R Codes and the City’s Built Form Policy respectively.

 

Landscaping

 

The City’s Built Form Policy requires that, for applications that propose additions or alterations to existing buildings, a minimum of 30 percent canopy cover be provided within the front setback area. The subject site has an existing frangipani tree located within the front setback area, which currently provides 27.64 percent canopy cover within the front setback area. It is considered the frangipani tree will be capable of achieving the 30 percent canopy cover at full maturity and the relevant Policy requirement is satisfied. In addition, the application involves the provision of a palm tree in the front setback area. The palm tree is not on the City’s recommended species list and the City has concerns as to the ability of the palm tree to grow to a height greater than 2.0 metres. As such, if the application is approved, it will be recommended that a condition be imposed to require an amended landscape plan to be submitted so the tree species can be reconsidered.

 

Conclusion

 

The proposal has been modified to address the concerns previously raised by Council and the surrounding landowners. The current proposal requires Council to exercise its discretion in relation to the lot boundary setbacks. Given the context of the subject site, the proposed lot boundary setbacks are considered to have a negligible impact on the surrounding properties. It is recommended that the proposal be approved subject to conditions.

 


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018

 


Council Briefing Agenda                                                                                     9 October 2018

5.2          No. 48 (Lot 5; D/P: 14389) Egina Street, Mount Hawthorn - Two Grouped Dwellings

TRIM Ref:                  D18/128558

Authors:                   Stephanie Norgaard, Urban Planner

Kate Miller, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        North

Attachments:             1.       Attachment 1 - Location and Consultation Map

2.       Attachment 2 - Development Plans

3.       Attachment 3 - Letter to Council Confirming Construction Timing

4.       Attachment 4 - Administration's Response to Summary of Submissions

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 the Grouped Dwellings at No. 48 (Lot: 5; D/P: 14389) Egina 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

1.1     The owners of the subject land shall finish and maintain the surface of the boundary (parapet) walls facing No. 46 and No. 56 Egina Street in a good and clean condition prior to occupation or use of the development. The finish of the walls are to be fully rendered or face brickwork to the satisfaction of the City;

1.2     The two dwellings are to be constructed simultaneously, in accordance with the applicant’s advice and deemed-to-comply requirements of Clause 5.1.3, C3.2(i) of the Residential Design Codes (Lot Boundary Setback), 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 shall be screened from view from the street, and surrounding properties to the satisfaction of the City;

3.       Stormwater

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

4.       Landscaping

4.1     A detailed landscape and reticulation plan for the development site and adjoining road verge to the City’s satisfaction is 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 a minimum 15 percent Deep Soil Zone and a minimum of 30 percent Canopy Coverage, as defined by the City’s Policy No. 7.1.1 – Built Form;

4.2     All works shown in the plans as identified in Condition 4.1 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;

5.       Schedule of External Finishes

Prior to 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; and

6.       General

Where conditions 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 two grouped dwellings at No. 48 Egina Street, Mount Hawthorn (subject site).

PROPOSAL:

The application proposes the construction of two grouped dwellings, in a side-by-side configuration. Each dwelling is two storeys and has primary access from Egina Street.

Background:

Landowner:

Colin Roe and Corinne Roe

Applicant:

Integrity Developments

Date of Application:

6 June 2018

Zoning:

MRS:    Urban      

LPS2:    Zone: Residential         R Code: R30

Built Form Area:

Residential

Existing Land Use:

Vacant Land

Proposed Use Class:

Dwellings (Grouped)

Lot Area:

612m²

Right of Way (ROW):

No

Heritage List:

No

 

The subject site is located at No. 48 Egina Street, Mount Hawthorn, as shown on the location plan included as Attachment 1. The subject site comprises of a vacant lot which has been cleared in preparation of development. The subject site has subdivision approval for two green title lots and the City has issued the clearance for the subdivision; with the creation of the two green title lots considered likely to occur in the near future.

 

The subject site is bound by Egina Street to the west and single dwellings to the north, east and south. Egina Street and the broader area surrounding the subject site is characterised by one and two-storey single dwellings.

 

The subject site is zoned Residential with a density code of R30 under the City’s Local Planning Scheme No. 2 (LPS2). The subject site is located within the ‘Residential Area’ under the City’s Policy No. 7.1.1 – Built Form (Built Form Policy) and has been assessed against the applicable standards and requirements of the policy.

 

 

Following community consultation, the applicant provided amended development plans incorporating the following modifications:

 

·       Introduction of additional 89 square metres of canopy cover;

·       Addition of face brick banding to the buildings front façade;

·       Addition of decorative wooden timber detailing on the roof gable;

·       Changes to the render colour pallet from grey and green render to light grey renders;

·       Setting forward the portico entry by 2.3 metres; and

·       Reduction of the northern boundary wall height by 0.2 metres and reduction of the southern boundary wall height by 0.4 metres.

 

A copy of the applicant’s development plans is included as Attachment 2.

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

Street Setback

 

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

 

External Fixtures

ü

 

Surveillance

ü

 

Utilities and Facilities

 

ü

Garage Width

ü

 

Garage Setback

ü

 

Sightlines

ü

 

Detailed Assessment

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

 

Street Setback

Deemed-to-Comply Standard

Proposal

Policy No. 7.1.1 – Built Form Clause 5.2

 

Average setback of five adjoining properties: 7.04m

 

Northern Dwelling

4.5 metres

 

Southern Dwelling

4.4 metres

Lot Boundary Setbacks

Deemed-to-Comply Standard

Proposal

R-Codes Clause 5.1.3

 

Southern Boundary

1.5m

 

 

Southern Boundary

1.2m for section of wall


 

Walls on Boundaries

Deemed-to-Comply Standard

Proposal

Policy No. 7.1.1 – Built Form Clause 5.3

 

Maximum height of 3.5m and average height of 3.0m for up to two-thirds (22.2m) of the length of the lot boundary behind the front setback line.

 

 

Northern Boundary

Maximum height of 3.3m and average height of 3.15m for 6.0m portion of wall, partly in front of the street setback line.

 

Southern Boundary

Maximum height of 3.3m and average height of 3.15m for 6.3m portion of wall, partly in front of the street setback line.

External Fixtures, Utilities and Facilities

Deemed-to-Comply Standard

Proposal

R Codes Clause 5.4.4

 

4m2 storeroom, with a minimum dimension of 1.0m

 

 

4m2 storeroom with minimum dimension of 1.1m, however the practical use of the storeroom is restricted by the stairs.

 

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 2 July and concluding on 15 July 2018. Community consultation was undertaken by means of written notification being sent to surrounding landowners, as shown in Attachment 1 and a notice on the City’s website.

 

In response to community consultation, nine submissions were received, eight in objection and one submission was received expressing concerns for the proposed development. A summary of the submissions received and Administration’s response is included as Attachment 4.

 

It is noted that the City advertised variations to the deemed-to-comply requirements of the R Codes and Built Form Policy for lot boundary setbacks, excavation and the garage width. Since community consultation, the City has reviewed its assessment of the proposal and determined the above matters are in accordance with the deemed-to-comply requirements of the R Codes and the Built Form Policy. That being the case, eight submissions raised concerns in relation to the street setback, six submissions relate to the lot boundary setbacks and one submission relates to the landscaping, all of which are non-compliant.

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. 7.1.1 – Built Form Policy.

 

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 application received more than five submissions during community consultation, in accordance with the City’s Delegated Authority Register 2017 – 2018.

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:

Street Setback

 

The subject site has a deemed-to-comply primary street setback requirement of 7.04 metres, which is based on the two adjoining properties to the north and the five adjoining properties to the south. The street setback on the adjoining properties varies between from 4.5 metres to 8.5 metres. The development proposes the following street setbacks:

 

Northern Dwelling

·       Ground level – 6.0 metres

·       Upper level – 4.5 metres

 

Southern Dwelling

·       Ground level – 5.5 metres

·       Upper level – 4.4 metres

 

A number of submissions received during community consultation objected to the proposed primary street setback. The submissions predominantly raised concerns regarding the visual impact of the development in terms of building bulk and scale. Submissions were also received raising concerns relating to pedestrian safety with the garages being located closer to the footpath. It should be noted however, that the development complies with the deemed-to-comply requirements of the R Codes in terms of vehicle sightlines.

 

The proposed dwellings provide balconies that overhang the garages of the dwelling, which assists is reducing the prominence of the garages and adds detail and articulation in the façade, which is considered to assist in moderating the impact of the building bulk and scale. The proposal incorporates a range of materials and finishes including face brick banding, timber detailing and elements of render. The incorporation of a face brick element and the timber detailing responds to the existing developments along the Egina Street and within the broader Mount Hawthorn area. The proposed render is considered to add an element of contemporary architecture, which is also seen in the nearby dwellings along Egina Street.

 

The proposal incorporates landscaping within the street setback which includes a two Chinese Tallow trees and two Magnolia Grandiflora trees. This vegetation softens the appearance of the dwelling and will contribute to the amenity of the street.

 

It is noted that requiring an increased street setback would result in a longer driveway and a reduced outdoor living area at the rear of the property. As such, the proposed street setback is considered to facilitate a more functional outdoor living area for the development.

 

Based on the above, the proposed street setback is considered to meet the design principles of the R Codes and local housing objectives of the City’s Built Form Policy.

 

Southern Lot Boundary Setback

 

The development proposes a 1.2 metre setback in lieu of the deemed-to-comply requirement of 1.5 metres for a 5.6 metre portion of wall on the ground level of the southern façade. The City received a number of submissions objecting to the proposed setbacks, relating to the impact on the adjoining lot in terms of visual privacy, overshadowing, ventilation and building bulk. It is noted that the development meets the deemed-to-comply requirements of the R Codes in terms of visual privacy and overshadowing.

 

The applicant has provided the following justification with respect to the proposed setback variation:

 

‘This variation is still keeping with the design principles of the R-codes as:

 

·       There are no overlooking or privacy issues due to this wall being 300mm closer to the boundary

·       The extra 300mm will have no significant impact on access to sun and ventilation or the impact of bulk to the neighbouring property especially since the wall in question is a ground floor wall.’

 

The variation relates to a 5.6 metre portion of wall with the remaining portion of the ground being setback 1.7 metres, which exceeds the deemed-to-comply requirement of 1.5 metres. As a result, it is considered that the proposal is unlikely to result in an adverse impact on the neighbouring habitable rooms or outdoor living space. It is also considered the articulation of the wall results in a lesser impact than if the entire wall was uniformly setback a compliant 1.5 metres. The proposed lot boundary setback is located on the ground floor and therefore there are no implications in terms of visual privacy. The development is also compliant with the deemed-to-comply criteria for overshadowing. Therefore, the proposal is considered to satisfy the design principles of the R Codes.

 

Boundary Walls

 

External Boundary Walls

 

The deemed-to-comply provisions of the City’s Built Form Policy requires boundary walls to be located behind the street setback line and to have an average height of no more than 3.0 metres. The development provides a northern boundary wall that is 0.9 metres in front of the street setback line and a southern boundary wall that is 1.4 metres in in front of the street setback line.  The boundary walls both have an average wall height of 3.15 metres and are compliant with the maximum length and maximum height.

 

The northern boundary wall is located adjoining the boundary wall of the garage of No. 50 Egina Street, although it is noted the proposed northern boundary wall protrudes 1.4 metres in front of the adjoining property’s garage. The boundary wall on the southern boundary is located adjoining the driveway of No. 46 Egina Street. The proposed boundary walls are not located abutting any habitable areas of the adjoining dwellings or active open spaces, and as such are not considered to pose an adverse impact on the amenity of the adjoining properties.

 

The proposed garages have incorporated materials such as face brick that positively contributes to the streetscape, which assists in minimising the perception building bulk to the street. The overhanging positioning of the balconies on the upper floor above the garages is considered to further reduce the impact of building bulk through providing articulation within the front setback area.

 

The articulated design of the proposed dwellings and the incorporation of varying building materials is considered to reduce the overall impact of building bulk and scale of the development when viewed from neighbouring properties and the street. The proposed boundary walls are considered to satisfy the relevant design principles of the R Codes and the local housing objectives of the Built Form Policy and are supported.

 


 

Internal Boundary Walls

 

The development proposes internal two-storey boundary walls, which are proposed to be constructed simultaneously in accordance with the deemed-to-comply requirements of the R Codes. The subject site has subdivision approval and subdivision clearance for two green title lots. Given this, the City has concerns that the green title lots may be created and be and in separate ownership which may result in one of the dwellings not being constructed or there being staged construction. The applicant has provided a letter from the current landowners verifying that the internal boundary walls will be constructed simultaneously. A condition of approval is recommended to ensure both dwellings are constructed simultaneously.

 

Utilities and Facilities

 

The deemed-to-comply provisions of the R Codes requires each grouped dwelling to be provided with storage area of a minimum of 4.0 square metres and a minimum dimension of 1.0 metre. The northern dwelling proposes 4 square metres of storage with a minimum dimension of 1.1 metres, however the use of the storage area will be somewhat restricted by the stairs.

 

In considering this matter, it is noted that the subject site has subdivision approval and clearance for two green title lots in a configuration consistent with the current development proposal and that an application for titles has been lodged with Landgate. Once the titles are issued the two grouped dwellings will be two single dwellings on separate lots. In that case, the dwellings will not require separate storage facilities at all. As such, the proposed storage area of norther dwelling, albeit restricted, is considered acceptable.

 

Landscaping

 

The Built Form Policy requires a minimum of 15 percent deep soil zones and 30 percent canopy cover within the lot boundaries. The development proposes 15 percent deep soil and 20.75 percent canopy cover.

 

The proposed tree species are consistent with the City’s tree selection tool, however the City has concerns that the proposed species will grow to a substantially higher height and canopy than that shown on the development plans. This may impact on the viability of the trees as the trees are proposed to be planted within close proximity to each other.

 

It is considered that there is an opportunity for the development to provide complaint tree canopy cover, should the applicant review the proposed tree species and number of trees within the deep soil zones. As such, it is recommended that a condition be imposed requiring an amended landscape plan demonstrating the provision of 30 percent canopy cover within the development site. It is considered compliance will provide amenity to the development and its occupants, and would satisfy the local housing objectives and design principles of the City’s Built Form Policy.

 

Conclusion

 

The proposal incorporates a range of materials and finishes which are considered to be a reinterpretation of the existing streetscape. The departures being sought to the deemed-to-comply requirements for street setbacks, lot boundary setbacks and boundary wall setbacks are considered to meet the design principles of the R Codes and the design principles and local housing objectives of the City’s Built Form Policy and are therefore supported. The proposed departures to the deemed-to-comply requirements for landscaping and utilities and facilities can readily be addressed by way of appropriate conditions.

 

The development is considered to be an appropriate built form outcome and as such, it is recommended the development is approved subject to the recommended conditions.

 


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


Council Briefing Agenda                                                                                                      9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


 


Council Briefing Agenda                                                                                                      9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                                      9 October 2018


 


 


 


Council Briefing Agenda                                                                                       9 October 2018

 


Council Briefing Agenda                                                                                     9 October 2018

5.3          No. 5/216 (Lot: 5; STR: 48057) Stirling Street, Perth - Amendment to Approval for Change of Use from Office to Shop

TRIM Ref:                  D18/126692

Author:                     Clair Morrison, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Plans

2.       Attachment 2 - Development Approval Documentation and Plans Dated 13 July 2018

3.       Attachment 3 - Written Submission and Parking Occupancy Plans  

 

 

Recommendation:

That Council, in accordance with the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the amendment to the development approval for change of use from office to shop at No. 5/216 (Lot: 5; STR: 48057) Stirling Street, Perth in accordance with the plans included in Attachment 2, subject to the following conditions:

1.       All conditions and advice notes detailed on development approval 5.2018.180.1 granted on 13 July 2018 and included in Attachment 2 continue to apply to this approval, except as follows:

1.1     Condition 4 is amended to read as follows:

4.1     A cash-in-lieu contribution shall be paid to the City for the shortfall of 2.2 parking bays, based on the cost of $5,400 per bay as set out in the City’s 2018/19 Schedule of Fees and Charges, being a contribution of $11,880 within 60 days of this decision or by entering into a written agreement with the City to pay the cash‑in‑lieu amount over an agreed period of up to five years.

 

Purpose of Report:

To consider an application to amend an existing development approval for a Change of Use from Office to Shop at Unit 5, No. 216 Stirling Street, Perth.

PROPOSAL:

The application seeks to remove existing Condition 4 of the approval, which relates to a cash-in-lieu contribution.

Background:

Landowner:

Nicole Prout

Applicant:

Susan Vigolo

Date of Application:

16 August 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Mixed Use     R Code:R80

Built Form Area:

Mixed Use Area

Existing Land Use:

Shop

Proposed Use Class:

Shop

Lot Area:

86m²

Right of Way (ROW):

No

Heritage List:

No

 


 

The subject site abuts Stirling Street to the west and Brewer Street to the north. The subject site and the lots to the north, south, east and west are zoned Mixed Use with a Residential density coding of R80 under the City of Vincent Local Planning Scheme No. 2 (LPS2). The subject site comprises of a two-storey Mixed Use Development, with residential and commercial uses, including Offices and Shops. The Mixed Use Development was approved by Council on 10 February 2004. A location plan is included as Attachment 1.

 

The subject tenancy currently accommodates a hair dressing business, in accordance with the development approval (change of use from Office to Shop) granted on 13 July 2018. The approved development plans are included in Attachment 2. That approval included a condition that required a cash-in-lieu contribution of $13,176 in lieu of the parking shortfall of 2.44 vehicle bays, in accordance with the City’s Policy No. 7.7.1 – Non-Residential Development Parking Requirements (Non-Residential Development Parking Requirements Policy). The requirement payment has not been made and therefore, the current use is in breach of the development approval.

 

Subsequently, an application was lodged with the City seeking approval to remove the cash-in-lieu contribution condition. The submitted written justification, including a Parking Occupancy Survey, is included in Attachment 3. It should be noted that the application involves a slight reduction in Net Lettable Area (NLA) from 86 square metres to 80 square metres.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent LPS2 and the City’s Policy No. 7.1.1 – Built Form.  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

Previously approved

Requires further Discretion

Land Use (only where required)

 

ü

 

Parking & Access

 

 

ü

Bicycle Facilities

 

ü

 

External Fixtures

 

ü

 

Surveillance

 

ü

 

Ground Floor Design

 

ü

 

Awnings, Verandahs and Collonades

 

ü

 

Detailed Assessment

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

 

Parking and Access

Deemed-to-Comply Standard

Proposal

Policy No. 7.7.1 – Non-Residential Development Parking Requirements

 

3.2 car parking bays

 

 

 

1 car parking bay

 

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 original application, was subject to public advertising, as in accordance with the City’s Policy No. 4.1.5 – Community Consultation, for a period of 14 days between 14 June 2018 and 27 June 2018. The advertising was undertaken in the form of letters being distributed to surrounding residents and tenants, and the development application plans being published on the City’s webpage and available for viewing at the City’s Administration Building and Public Library. The City received one submission with regard to the land use being within a close proximity of another hair dressing salon but did not receive any submissions based on the identified 2.2 bay shortfall of vehicle parking on-site. As such, the current application was not advertised.

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 Policy; and

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

Delegation to Determine Applications:

The application is being referred to Council for determination as the applicant is requesting the waiver of cash-in-lieu payment for the entire shortfall of vehicle parking on-site.

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 Council waive the cash-in-lieu contribution for the shortfall of vehicle parking on-site, the City will not receive the amount of $11,880 that would contribute toward the provision and upgrading of transport infrastructure within the City of Vincent.

Comments:

Car Parking

 

Based on a NLA of 80 square metres, the shop requires a minimum of 3.2 on-site car parking bays. One car parking bay is currently provided for the shop premises, resulting in a shortfall of 2.2 car parking bays. Based on the City’s 2018/19 Fees and Charges Schedule, this equates to a cash-in-lieu contribution of $11,880.

 

The applicant has provided detailed written justification as to why the cash-in-lieu payment should be waived for the subject site. The reasons are as follows:

 

·      The location being central to Perth;

·      Many clients to the business live within the local area and as a result they may not be reliant on private vehicle use;

·      The maximum number of persons on site at any given time, which peaks during the summer months, is 13 persons. This is inclusive of ten clients, two full-time staff and one part-time staff member (when required) at any one time;

·      The amount of time spent by clients at the subject site may vary from two to four hours, which reflects the parking restrictions for surrounding bays;

·      Proximity to high-frequency public transport options;

·      The ability for clients to use active transport options (i.e. walking/cycling);

·      Being a small business, the ability to pay for this significant amount of cash-in-lieu is unrealistic; and

·      Based on the submitted Parking Survey and Parking Occupancy Survey (detailed below), there is a significant amount of public car parking facilities within walking distance of the subject site.

 

As noted above, the applicant submitted a Parking Occupancy Survey (Survey), which is included in Attachment 3. The Survey sets out seven ‘Parking Zones’ within close proximity of the subject site. The applicant surveyed the occupancy of parking bays within these parking zones at two separate times, being 12:50pm on Friday 20 July 2018 and 1:45pm on Saturday 21 July 2018. The percentage of available bays at these specific times are as follows.

 

Zone

12:50pm Friday 20 July 2018

1:45pm Saturday 21 July 2018

1 (both sides of Brewer Street between Stirling and Pier Streets)

24 percent

44 percent

2 (eastern side of Stirling Street between Brisbane and Brewer Streets)

14 percent

21 percent

3 (central Stirling Street between Brisbane and Brewer Streets)

84 percent

81 percent

4 (western side of Stirling Street between Brisbane and Brewer Streets)

26 percent

42 percent

5 (western side of Stirling Street between Brewer and Edward Streets)

9 percent

18 percent

6 (central Stirling Street between Brewer and Edward Streets)

83 percent

83 percent

7 (eastern side of Stirling Street between Brewer and Edward Streets)

92 percent

97 percent

 

Based on the Parking Occupancy Survey and the written submission provided, clients attending the site have access to a number of transport options including private vehicles, public transport and active transport options, such as walking or cycling.

 

In considering the matter, the following is relevant:

 

·      With regard to staff parking, the applicant has indicated there will be two full-time and potentially one part-time staff at any given time, with a part-time employee only being required as necessary (during peak seasons). Accounting for the car parking bay provided on-site that is intend to be utilised for one of the full time staff, it is considered that at least one public parking bay will be used continuously for the purpose of one full-time and/or one part-time employee to park daily.

·      All clients using private vehicles will be solely reliant on the public parking spaces provided by the City surrounding the subject site.

·      The applicant has not indicated that any employee will use public or active transport modes as a form of commute.

·      In light of the above, all clients using private transport and one full-time employee will be reliant on the available public parking.

·      There are no bicycle bays located on-site or within the public realm adjacent to the existing building, which may deter clients from cycling to the subject site.

 

Based on the above, the City considers it reasonable that the applicant pay the cash-in-lieu equivalent of the 2.2 car parking bay shortfall, which equates to $11,880.

 

Conclusion

 

The land use of Shop was approved under delegated authority on 13 July 2018, with a condition requiring the applicant to make a cash-in-lieu contribution to car parking. The applicant requests the waiver of the total cash-in-lieu amount due to the proximity a number of alternative high-frequency public transport and active transport options, such as walking and cycling and public car parking spaces. There are no bicycle racks adjacent to the existing building, the two full-time staff and one part-time staff will rely on private vehicles with only one car bay on-site, and all clients using private vehicles will utilise public parking provided by the City. As such, Administration recommends that Condition 4 of the approval be amended to provide the cash‑in‑lieu contribution for the shortfall of car parking facilities, at a total cost of $11,880.


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 

 


Council Briefing Agenda                                                                                     9 October 2018

5.4          No. 33 (Lot: 421 D/P: 301706) Church Street, Perth - Proposed Amendment to Conditions of Approval: Office and Unlisted Use (Community Service)

TRIM Ref:                  D18/130306

Author:                     Kate Miller, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Location and Consultation Map

2.       Attachment 2 - Previous Minutes and Approved Plans

3.       Attachment 3 - Applicant Information Provided for Original Submission

4.       Attachment 4 - Applicant Submission and Risk Management Plan

5.       Attachment 5 - Applicant Response to Residents’ Concerns

6.       Attachment 6 - Administration's Response to Submissions

7.       Attachment 7 - Applicant's Response to Submissions  

 

 

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 development approval (5.2012.218.3) granted on 18 December 2012 for an Office and Unlisted Use (Community Service) at No. 33 (Lot: 421; D/P: 301706) Church Street, Perth, subject to the following conditions:

1.       All conditions and advice notes continue to apply to this approval, with exception of Condition 11 which is to be deleted and Conditions 4 and 10 which are amended to read as follows:

“4.     The hours of operation for Unlisted Use (Community Service) shall be limited to 9:00pm to 5:00am on Thursdays, Fridays and Saturdays;”

“10.   The applicant is to submit an updated Management Plan that addresses the control of noise, traffic, car parking and antisocial behaviour (to reasonable levels) associated with the proposed development, prior to occupation of the development. The Management Plan is to be approved by the City and thereafter implemented to the City’s satisfaction.”

 

Purpose of Report:

To consider an application to amend conditions of the development approval for an Office and Unlisted Use (Community Service) at No. 33 Church Street, Perth.

PROPOSAL:

The application proposes the amend the conditions of approval so as to extend the term of approval for an additional five years and increase the operating hours by one hour each night.

Background:

Landowner:

N Milianku

Applicant:

Professionals Davenport

Date of Application:

12 January 2018 (complete on 24 July 2018)

Zoning:

MRS:    Urban

LPS2:    Zone: Mixed Use     R80

Built Form Area:

Mixed Use

Existing Land Use:

Office and Unlisted Use (Community Service)

Proposed Use Class:

Office and Unlisted Use (Community Service)

Lot Area:

916m²

Right of Way (ROW):

Not Applicable

Heritage List:

Not Applicable

 

 

The subject site is located on the southern side of Church Street and on the corner of Church Street and Palmerston Street. The location of the site is included as Attachment 1. The subject site abuts residential dwellings to the south and a shop to the east. The locality predominantly consists of residential dwellings, however the subject site is also in close proximity to commercial uses. The subject site and those immediately adjoining the site along Palmerston Street and Church Street are zoned Mixed Use R80 by the City’s Local Planning Scheme No. 2 (LPS2).

 

At its Ordinary Council meeting on 18 December 2012, Council granted a conditional and time-limited development approval for the subject site to operate as an Office and Unlisted Use (Community Service). A copy of the approval including the approved development plans is included as Attachment 2. Condition 11 of the development approval set out that the approval for the Unlisted Use (Community Service) was valid for five years from the date of approval. The time limitation was imposed to enable Council to assess of the impact of the land use on the amenity of the locality, before deciding to allow or not allow the use to continue.

 

On 12 January 2018, the City received an application to amend two conditions of the existing development approval. As the time of lodgement, the application was incomplete as the applicant did not have written authority to act on behalf of the owner and fees had not been paid. In addition, development plans, confirmation of which conditions were proposed to be amended and a detailed description of the business were not provided. A complete application package (including fees) was received on 24 July 2018. As the development approval lapsed on 18 December 2017, the use has been operating without a valid approval.

Details:

The application seeks to amend the previous development approval issued by Council by extending the operating hours detailed in Condition 4 of the approval and amending Condition 11 which relates to the term of approval of the Community Service use. Condition 4 of the approval issued by Council permitted the operating hours to be between 10:00pm and 5:00am Thursdays, Fridays and Saturdays. Condition 11 limited the term of approval for the Community Service use to five years being to 18 December 2017. The approval did not allow for the continuation of the use beyond this date without further approval from the City. All remaining conditions, included as Attachment 2, are not proposed to be amended as part of this application.

 

The application proposes the Community Service use to be able to operate for an additional five years and between the hours of 9:00pm to 5:00am Thursdays, Fridays and Saturdays. The parking on the site is to remain as existing with eight car bays provided on site, six being accessible from Palmerston Street and two from Church Street.

 

The use is operated by Mission Australia and the Western Australian (WA) Police and seeks to provide a safe environment for at-risk youths. The facility is in support of the Northbridge Curfew and operates three nights per week with an average of 25 youths at any one time. The nature of the use is not proposed to change with the facility accommodating the youths during the operating hours prior to reconnecting them with their families, or in some circumstances finding suitable emergency accommodation.

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

Previously approved

Requires further Discretion

Land Use

 

 

ü

Parking & Access

 

ü

 

Bicycle Facilities

 

ü

 

Hours of operation

 

 

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 (Community Service)

 

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 occurred for a period of 21 days from 14 August 2018 to 3 September 2018. Community consultation was undertaken by means of written notification being sent to all adjoining landowners as shown in Attachment 1 and a notice in the Perth Voice Newspaper. At the conclusion of the community consultation period, three submissions were received, comprising of two in objection and one in support.

 

The main issues raised as part of the consultation relate to:

 

·       Noise from vehicles parking along Church Street and engines running due to drop off/ pick up nature;

·       Visitors to the site generate significant noise and are unhappy; and

·       Vehicles park in the middle of the road and do not use the parking facilities on site.

 

Administration’s and the Applicant’s response to the submissions are included as Attachment 6 and Attachment 7, respectively.

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. 7.1.1 – Built Form Policy.

 

The application to amend the aforementioned conditions of development approval are made in accordance with Clause 77(1)(a) and (b) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, which enables an application to be made requesting a local government to amended the approval so as to extend the period in which any development approval must be substantially commenced and to amend or delete any condition which a development approval is subject to.

 

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 have Council’s decision reviewed by the State Administrative Tribunal (SAT).

Delegation to Determine Applications:

The matter is being referred to Council as the application proposes to amend an application 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:

Nil.

Comments:

Land Use

 

The Community Service land use is not specifically identified in the land use table in LPS2 and cannot reasonably be determined as falling within the interpretation of a listed use in LPS2. The land use for is therefore considered to be an Unlisted Use under LPS2 and Council is required to consider whether the use is consistent with the objectives 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 detriment 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 an 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.

 

The use is a unique activity which operates in conjunction with WA Police and the Northbridge Curfew so as to provide a safe place for vulnerable youths to relocate to instead of remaining in the entertainment districts of Perth after 10:00pm. As per the information provided as part of the original submission and included as Attachment 3, the nature of the use is not proposed to change with the facility accommodating the youths during the operating hours prior to reconnecting them with their families, or in some circumstances finding suitable emergency accommodation.

 

The use has been in operation for the past five years. During this time, one compliance issue was raised due to the landscaping not being maintained in accordance with the relevant planning and building approvals. The landscaped areas were replanted and reticulated, thereby resolving the compliance issue. The City has not received any complaints in relation to the land use itself however, a complaint was made directly to Mission Australia which relates to the pickup and drop off location and antisocial behaviour. The response provided by Mission Australia is included as Attachment 5.

Whilst the nature of the use generates vehicular traffic between 10:00pm and 5:00am and noise from patrons/officers entering the site, the overall use is not considered to have a detrimental impact on the amenity of the area, in particular the health, welfare and safety of the residents.  The youths are transported to the site from unsafe areas by WA Police or Mission Australia representatives to be in the care of an adult at the subject site. Although raised as a concern during the consultation period, the safety and wellbeing of surrounding residents is not considered to be compromised, with the facility not catering for young people who are under the influence of drugs or alcohol or have committed a criminal act. Furthermore, as the young persons are brought to the subject site predominantly by WA Police, the safety of residents will be maintained. In response to the concerns raised, a risk management procedure which addresses how incidents are to be dealt with has been provided and is included as Attachment 4. The applicant has also provided a written response to the submissions made, which is included as Attachment 7. The information provided demonstrates the use will operate in a safe manner which will minimise impacts on surrounding residents.

 

Based on the above, the application is supported subject to the imposition of a condition requiring the submission of an amended management plan which addresses how noise, traffic, car parking and antisocial behaviour will be dealt with. With the imposition of such a condition, Administration is satisfied the use can be appropriately managed so as to mitigate adverse impacts relating to noise, antisocial behaviour and parking management on adjoining residents, and as such, a further time limitation is not considered necessary. It is open to Council, however, to impose a time limitation on any approval.

 

Hours of Operation

 

The application proposes to increase the operating hours of the Community Service use from 10:00pm to 5:00am to 9:00pm to 5:00am on Thursdays, Fridays and Saturdays. The additional hour is unlikely to have a detrimental impact on the amenity of the neighbouring properties particularly in regards to noise and safety. Any noise from the development will remain intermittent rather than continuous and occur when patrons are dropped to the site and officers are leaving.

 

Through the consultation procedure, Administration have been made aware of parking and access issues to and from the site, with many vehicles not utilising the parking provided on site. The subject site provides for six car bays fronting Palmerston Street and two fronting Church Street. The amount of car bays provided on site has previously been considered by Council, and additional parking is not considered to be required as part of this application given the pick-up and drop of nature of the use.  Mission Australia, which operates the facility, has responded to the concerns raised regarding parking and advised it would operate the pick-up and drop-offs from the parking area on Palmerston Street. The response to the concerns is included as Attachment 7.

 

Based on the above, the application is supported subject to the imposition of a condition requiring the submission of an amended management plan to ensure parking is managed in accordance with the details provided within the Applicant’s submission and response to submissions.

 

Conclusion

 

The proposal requires Council to exercise its discretion in relation to the proposed development. The continuation of the Unlisted Use (Community Service) and the change in operating hours to commence an hour earlier is considered to be appropriate and be in accordance with the objectives of the Mixed Use zone of LPS2.

 

In light of the above, it is recommended that the application be approved subject to conditions.

 


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                                      9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


 

 


Council Briefing Agenda                                                                                     9 October 2018

5.5          No. 8 (Lot: 38 D/P: 4576) Moir Street, Perth - Change of Use from Single House to Unlisted Use (Short Term Dwelling) (Unauthorised Existing Development)

TRIM Ref:                  D18/138387

Author:                     Kate Miller, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Location and Consultation Map

2.       Attachment 2 - Development Plan

3.       Attachment 3 - Management Plan

4.       Attachment 4 - Parking Management Plan

5.       Attachment 5 - House Rules and Code of Conduct

6.       Attachment 6 - Letter from Owner to Adjoining Neighbours

7.       Attachment 7 - Administration's Response to Summary of Submissions

8.       Attachment 8 - Applicant's Response to Summary of Submissions

9.       Attachment 9 - 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 Single House to Unlisted Use (Short Term Dwelling) at No. 8 (Lot: 38; D/P: 4576) Moir Street, Perth, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 9:

1.       Use of Premises

1.1     This approval is for a ‘Short Term Dwelling’ which, as defined in the City’s Policy No. 7.4.5 – Temporary Accommodation:

“the provision of temporary accommodation, lodging or boarding within a residential dwelling for a maximum of six (6) persons, inclusive of the keeper if they reside at the dwelling, for a continuous period of less than six (6) months within any twelve month period;”

1.2     The Short Term Dwelling shall operate in accordance with the Management Plan and Parking Management Plan dated 27 August 2018. The terms and conditions outlined in the Management Plans 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 dwelling; and

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 dwelling; and

2.       Car Parking

The on-site parking bay shall be made available to guests at all times and be maintained to the satisfaction of the City.

 

Purpose of Report:

To consider an application for development approval for a change of use from Single House to Unlisted Use (Short Term Dwelling) (Unauthorised Existing Development) at No. 8 Moir Street, Perth (subject site).

PROPOSAL:

The application seeks approval to change of use of the existing single house to unlisted use short term dwelling.

Background:

Landowner:

B Kogon

Applicant:

B Kogon

Date of Application:

31 January 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Residential         R Code: R25

Built Form Area:

Residential

Existing Land Use:

Single House

Proposed Use Class:

Unlisted Use (Short Term Dwelling)

Lot Area:

303m²

Right of Way (ROW):

Not applicable

Heritage List:

Yes

 

The subject site accommodates a single storey dwelling and is located within the Moir Street Development Guideline Area. A location plan is included as Attachment 1. The properties immediately adjoining the subject site are also zoned Residential R25 and comprise of single storey dwellings.

 

The subject site and adjoining properties located at No’s. 2 - 28 Moir Street and No’s. 1 - 32 Brookman Street are on the City’s Heritage List and Municipal Heritage Inventory and are listed as Management Category ‘A’. This group of dwellings is described as a complete and intact Federation Queen Anne style development.

 

The subject site has been operating as a Short Term Dwelling without development approval from the City since circa November 2017. The applicant submitted a development application seeking approval for Unlisted Use (Short Term Dwelling) at the request of the City. 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 not received any formal complaints regarding the operations of the Short Term Dwelling prior to the advertising of the development application.

Details:

The application proposes to change the use of the Single House to Unlisted Use (Short Term Dwelling), with the entire dwelling being used to accommodate guests on a short term basis. The development plans are included as Attachment 2. The application proposes a maximum of six guests from one group be accommodated at the premises at any one time. The application does not propose any structural modifications to the existing dwelling.

 

The City’s Policy No. 7.4.5 – Temporary Accommodation requires a Management Plan and Code of Conduct to be submitted as part of all applications for Short Term Accommodation, which were provided and are included in Attachment 3 and Attachment 5, respectively. The Management Plan confirms a maximum of six guests are permitted at any one time and details procedures including compliant management, parking management, waste management, house rules and code of conduct for guests.

 

The owner has also provided a letter to adjoining landowners notifying them of the intended use of the property and provided contact details for the landowner and property manager. The letter provided to the adjoining landowners is provided as Attachment 6.

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

Land Use

 

ü

Parking & Access

 

ü

Management Plan

 

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)

Car Parking

Deemed-to-Comply Standard

Proposal

Residential Design Codes Clause 5.3.3 – Parking

 

The site requires two parking bays to be provided on site.

 

 

One parking bay is provided on site.

 

A Parking Management Plan is provided as Attachment 4.

Management Plan

Deemed-to-Comply Standard

Proposal

Policy No. 7.4.5 – Temporary Accommodation

 

A Management Plan detailing how the Short Term Dwelling will be managed.

 

 

A Management Plan is provided as Attachment 3.

 

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 9 April 2018 to 30 April 2018. The method of consultation being a sign on site, a notice in the local newspaper ‘The Voice’, and 9 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.

 

A total of 10 submissions were received of which, eight objected to the proposal, one expressed general concerns and one provided a neutral response to the proposal. The concerns raised by the submitters are as follows:

 

·       The use of the property being inconsistent with the amenity and heritage values of the Moir Street Precinct;

·       Car parking, specifically due to reliance of on-street car parking;

·       Increased noise as a result of the proposal;

·       The management of the proposed use; and

·       Disposal of waste.

 

Administration and the applicant have provided responses to the submissions received, which are included as Attachment 7 and Attachment 8, respectively.

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. 7.1.1 – Built Form Policy;

·       Policy No. 7.4.5 – Temporary Accommodation;

·       Policy No. 7.6.1 – Heritage Management – Development Guidelines for Heritage and Adjacent Properties; and

·       Appendix No. 6 – Brookman and Moir Streets Development Guidelines.

Delegation to Determine Applications:

This matter is being referred to Council as the application received more than five objections during the advertising 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 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 Residential zone. LPS2 includes the following objectives for the Residential zone:

 

·       To provide for a range of housing and a choice of residential densities to meet the needs of the community.

·       To facilitate and encourage high quality design, built form and streetscapes throughout residential areas.

·       To provide for a range of non-residential uses, which are compatible with and complementary to residential development.

·       To promote and encourage design that incorporates sustainability principles, including but not limited to solar passive design, energy efficiency, water conservation, waste management and recycling.

·       To enhance the amenity and character of the residential neighbourhood by encouraging the retention of existing housing stock and ensuring new development is compatible within these established areas.

·       To manage residential development in a way that recognises the needs of innovative design and contemporary lifestyles.

·       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.

 

The proposal, being for short term accommodation, is for the purpose of human habitation and therefore represents development which operates in a similar manner to a residential dwelling. For this reason, it is considered the development is compatible with the surrounding residential development within the local area and the proposed land use is therefore compatible with its setting.

 

Through the consultation period concerns were raised relating to impacts on the amenity of the locality. The applicant’s management plan for the proposed Short Term Dwelling outlines how incidents and complaints, such as noise and antisocial behaviour, will be managed. The management plan states guests will be advised that noise is to be restricted between 9pm and 8am. However, it is acknowledged that the issue of noise is largely dependent on individual behaviour which may lead to impacts on the surrounding residents. Notwithstanding, the owner and property manager details will be provided to adjoining residents, providing opportunity for incidents to be dealt with appropriately. In the event the proposed Short Term Dwelling is not operating in accordance with the management plan and is found to be causing a nuisance, it would be open to the City to undertake formal compliance action. The management plan is discussed in further detail below.

 

As detailed above, the subject site is located in the Moir Street Development Guideline Area and is classified as Management Category A on the Municipal Heritage Inventory, which has the highest level of local significance and has strict requirements relating to physical works. No external works are proposed and the façade of the heritage listed property will therefore remain as existing. In addition, no signage is proposed as part of the application, which is typically associated with commercial properties. For these reasons, the development will have no visual impact on the heritage significance of the subject site or the streetscape. The Heritage Management policy has no restrictions in terms of land uses.

 

In support of the above, the proposal, being for short term accommodation, could reasonably be considered to meet the objectives of the Residential zone 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.

 

Temporary Accommodation Management Plan

 

The short term accommodation is limited to six guests at any one time. This number of guests is consistent with the number of people that would typically be accommodated within a three-bedroom residential dwelling. As such, the proposal is not considered to increase the intensity of the use of the subject site. Furthermore, the applicant has provided a Management Plan and a set of House Rules for the proposed Short Term Dwelling, which is included as Attachment 3. The Management Plan address issues relating to car parking, noise control, waste management, complaints management and security of guests and residents. The Management Plan and House Rules are considered to satisfy the requirements set out in the City’s Policy No. 7.4.5 – Temporary Accommodation.

 

The landowner has written to the adjoining landowners and supplied contact details of the owner and the property manager. This ensures the adjoining properties can have direct contact with the owner or property manager in the event there are any concerns with guests of the property. In addition, the House Rules and Code of Conduct provided as Attachment 5, identify the following requirements:

 

·       No parties or events are to be held at the property;

·       No pets are permitted at the property;

·       Noise levels shall be reduced from 9:00pm to 8:00am;

·       Parking is to be contained within the property; and

·       The owner has the right to terminate the booking at the owner’s discretion.

 

A condition of approval will be imposed requiring the house rules to be provided to guests and to be displayed within the premises and for the Management Plan to be complied with at all times. If the conditions of approval are not adhered to, it would be open to the City to undertake formal compliance action.

 

Parking

 

A number of submissions were received objecting to the proposal and raising concerns regarding car parking and impact on the availability of on-street parking bays. The subject site contains one existing car parking bay on site which is accessed via Moir Street. Whilst the Single House was approved with one car parking bay on site, the change of use to Short Term Dwelling results in a shortfall of one car parking bay. Therefore, a Parking Management Plan has been provided and is included as Attachment 4.

 

The applicant’s Parking Management Plan confirms the one on-site bay will be available to guests of the premises. In the event additional vehicle parking space is required, the owner / property manager will provide suitable parking locations within close proximity to the dwelling, such as the Northbridge Central car park which is located within 250m of the site. Guests will be advised vehicles are not to be parked along Moir Street or within the verge. Notwithstanding, guests will be required to comply with the parking requirements set out by the respective parking signs, which will be monitored by the City’s Rangers accordingly.

 

It is noted the property manager, maintenance workers and cleaners will be required to visit the premises on a semi regular basis. The Parking Management Plan confirms cleaning and maintenance will be scheduled when the premises is vacant and at alternate times so the visits do not coincide. This ensures the on-site parking space will always be available to guests, the cleaner and maintenance workers.

 

The property manager will often greet the guests, cleaners and maintenance workers. It is expected the duration of the property manager’s visit will be no longer than 20 minutes at any one time. Moir Street permits on-street parking for a maximum of one hour. Alternatively, the property manager can utilise the paid parking sites within close proximity to the subject site. As the property manager will visit the site infrequently and for short periods of time, it is considered there will be no adverse impact on the streetscape or amenity of the adjoining properties.

 

The subject site is also within close proximity to a variety of public transport networks. Specifically, the site is approximately a 10 minute walk from Perth train station, is within 400m (approximately a 5 minute walk) from the Perth City Free Transit Zone (which provides free public transport within the City centre) and is surrounded by bicycle networks which offer alternative means of transport to the property. For these reasons, the property is considered to be well connected to alternative methods of transportation and provides opportunity for guests to be less reliant on motor vehicles.

 

In support of the above, it is considered the alternative methods of transportation in addition to the single car parking bay is sufficient to accommodate parking requirements of the occupants.

 

Conclusion

 

The application for development is seeking approval for the operation of a Short Term Dwelling at the premises located at No. 8 Moir Street, Perth. The application was submitted with a supporting Management Plan, House Rules and Parking Management Plan, 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, acceptability of the management plan and parking shortfall. For the purpose 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 objectives of the Residential R25 zone. 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                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                                      9 October 2018


 


 


 


 


Council Briefing Agenda                                                                                                      9 October 2018


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018

 


Council Briefing Agenda                                                                                     9 October 2018

5.6          No. 162 (Lot: 4; D/P: 62324) Oxford Street, Leederville - Amendment to Approval for Hours of Operation and Patron Numbers for Small Bar

TRIM Ref:                  D18/129714

Author:                     Mitchell Hoad, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Location and Consultation Plan

2.       Attachment 2 - Extract of Ordinary Meeting of Council Minutes 10 April 2012

3.       Attachment 3 - Extract of Ordinary Meeting of Council Minutes 9 July 2013

4.       Attachment 4 - Justification and Supporting Information  

 

 

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 Conditions 1 and 3 and remove Condition 2 for development approval 5.2011.638.1 for a Change of Use to Shop, Office and Small Bar at No. 162 (Lot: 4, D/P: 62324) Oxford Street, Leederville, subject to the following conditions:

1.       All conditions and advice notes detailed on development approval 5.2011.638.1 granted on 10 April 2012 continue to apply to this approval, with the exception of Conditions 1, 2 and 3 which are amended as follows:

1.1     Condition 1 is amended to read as follows:

1.       The hours of operation of the small bar shall be limited to:

DAY

HOURS OF OPERATION

Monday to Thursday

07:00am to Midnight

Friday and Saturday

07:00am to 01:00am (the following day)

Sunday

07:00am to 10:00pm

 

1.2     Condition 2 is removed and subsequent conditions are renumbered accordingly; and

1.3     Condition 3 is renumbered to Condition 2 and amended to read as follows:

2.       The maximum number of patrons to occupy the small bar at any one time shall be 95 persons.

 

Purpose of Report:

To consider an application to amend the existing development approval (in relation to hours of operation and patron numbers) for a Small Bar at No. 162 Oxford Street, Leederville. The premises is currently operating as Amani Wine Bar and Restaurant.

PROPOSAL:

The application proposes to amend the operating hours and maximum number of patrons, and remove the condition restricting the hours in which alcohol can be served/sold.

Background:

Landowner:

Bayking Holdings Pty Ltd & Others

Applicant:

J Guilbert

Date of Application:

30 May 2017

Zoning:

MRS:    Urban

LPS2:    Zone: Regional Centre       R Code: R-AC

Built Form Area:

Town Centre

Existing Land Use:

Shop, Office and Small Bar

Proposed Use Class:

Shop, Office and Small Bar

Lot Area:

778m²

Right of Way (ROW):

No

Heritage List:

No

 

The subject site is bound by Oxford Street to the west, the School of Isolated and Distance Education to the north and east, and Dome Café to the south. The subject site and site to the south are zoned Regional Centre under the City of Vincent’s Local Planning Scheme No. 2 (LPS2). The site to the north and east is a Local Reserve for Public Purposes (Primary School/High School). A location plan is included in Attachment 1.

 

2012 Approval

 

Council at its meeting on 10 April 2012 approved an application for a Change of Use from Shop and Office to Shop, Office and Small Bar (reference 5.2011.638.1). Conditions 1 and 2 restricted the operating hours to:

 

1.       Hours of operation of the small bar:

 

·       Monday to Thursday – 07:00am to 11:00pm;

·       Friday and Saturday – 07:00am to 12:00 midnight;

·       Sunday – 07:00am to 10:00pm;

 

2.       Hours of operation of the small bar where alcohol can be sold and/or served:

 

·       Monday to Thursday – 11:00am to 10:30pm;

·       Friday and Saturday – 11:00am to 12:00 midnight; and

·       Sunday – 11:00am to 10:00pm.

 

Condition 3 of this approval limited patrons to a maximum of 94 at any one time. In terms of car parking, this approval required a cash-in-lieu contribution of $22,127 (equivalent to 7.138 bays), which has been paid. An extract of the Council Meeting minutes for the item is included as Attachment 2.

 

2013 Approval

 

Subsequently, the applicant lodged an application (reference 5.2013.152.1) to extend the operating hours and hours where alcohol can be served to be to 12:00 midnight on Monday to Thursday, and to 01:00am on Friday and Saturday evenings. On 9 July 2013, Council resolved to approve the following hours:

 

1.       Hours of operation of the small bar:

 

·       Monday to Thursday – 07:00am to 12:00 midnight;

·       Friday and Saturday – 07:00am to 12:00 midnight;

·       Sunday – 07:00am to 10:00pm;

 

2.       Hours of operation of the small bar where alcohol can be sold and/or served:

 

·       Monday to Thursday – 11:00am to 12:00 midnight;

·       Friday and Saturday – 11:00am to 12:00 midnight; and

·       Sunday – 11:00am to 10:00pm.

 

An extract of the Council Meeting minus for the item is included as Attachment 3.

 

The extended hours on Monday to Thursday were supported on the basis that these were consistent with the Liquor Control Act 1988. The extended hours on Friday and Saturday evening were not supported, on the basis that these were not consistent with the Liquor Control Act 1988. There was no change to the maximum number of patrons. Following this, the applicant was advised that if they wish to pursue the extended hours, and to serve alcohol during these extend hours, they should commence the process of obtaining an Extended Trading Permit from the Department of Racing, Gaming and Liquor (DRGL).

 

Approval of Extended Trading Permit

 

The subject application was lodged with the City on the 30 May 2017. Following the submission of the application, the DRGL issued an Extended Trading Permit to allow the premises to operate until 01:00am on Friday and Saturday evenings. This Extended Trading Permit was issued on 26 June 2017 and is valid until 25 June 2022.  It is noted that in accordance with the Liquor Control Act 1988, five years is the maximum length that an Extended Trading Permit may be issued for. As a result of the Extended Trading Permit being issued, it was unclear as to whether the subject development application was required, given the approval for extended hours had been issued by the DRGL. Following a review of the matter and discussions with the DRGL, it was determined that the development application was still required, as although the Extended Trading Permit issued by the DRGL enables the service of alcohol during this extended period, the this does not obviate the need for the proposal to comply with development approval issued by the City. To bring the existing development approval into line with the Extended Trading Permit, it is required to be amended.

 

Number of Patrons

 

The Liquor Control Act 1988 restricts the maximum number of patrons within a small bar to 120 at any one time. However, the practical maximum figure is often impacted by various planning, building and health requirements.

 

Council at its meeting 10 April 2012 granted development approval for a maximum of 94 patrons, but the City issued a Maximum Accommodation Certificate restricting occupancy to a maximum of 84 patrons. On 7 September 2017, the City issued a renewed Certificate restricting a maximum of 95 patrons, largely as a result of the removal of an internal stage, which made available more space to accommodate additional patrons.

 

The current application to amend the maximum patron numbers seeks to bring the development approval into line with the existing Maximum Accommodation Certificate. The impact of this change on the car parking requirements of the site is discussed in the report.

 

History of Complaints Received

 

Since the commencement of the operation of the Amani Wine Bar, the following complaints have been received by the City in relation to the operation of the premises:

 

·       In 2016, concerns were raised about the outdoor dining area and signage impacting on pedestrian movements along the footpath;

·       In January 2017, the City was advised of three occasions in December 2016 where music from the Amani Wine Bar was disturbing patrons at the Luna Cinema during their outdoor cinema season; and

·       In March 2017, another concern was raised from the Luna Cinema in regards to disturbance from music being played at the premises.

 

The applicant has advised that the Armani Wine Bar has been operating with these extender hours since the Extended Trading Permit was issued by the DRGL on 26 June 2017. The City has not received any further complaints regarding the management or operation of the premises, or noise emanating from the premises after midnight.

 

The applicant’s justification submitted with the application, including the Public Interest Assessment, and a management plan submitted to the DRGL as part of the Extended Trading Permit application is included in Attachment 4.

DETAILS:

The application proposes to amend Conditions 1 and 3, and remove Condition 2, as follows:

 

1.       Extend the operating hours on Fridays and Saturdays by one hour (1:00am in lieu of 12:00 midnight);

 

2.       Remove the condition restricting hours where alcohol can be sold and/or served;

 

3.       Increase the maximum number of patrons to from 94 to 95.

 

All other conditions are proposed to remain unchanged as part of this application, with the exception of being renumbered to account for the removal of Condition 2.

The applicant’s justification submitted with the application, including the management plan and Public Interest Assessment submitted to the DRGL as part of the Extended Trading Permit application is included in Attachment 4.

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of LPS2, the City’s Policy No. 7.5.7 – Licensed Premises (Licenced Premises Policy), and the City’s Policy No. 7.7.1 – Non-Residential Development Parking Requirements (Parking Policy) 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

Previously approved

Requires further Discretion

Land Use

 

ü

 

Operating Hours

 

 

ü

Car Parking

 

 

ü

Detailed Assessment

The deemed-to-comply assessment of the elements that requires the discretion of Council are as follows:

 

Licenced Premises Policy – Operating Hours

Deemed-to-Comply Standard

Proposal

There is no deemed-to-comply as Policy No. 7.5.7 does not stipulate operating hours.

The application seeks to amend Condition 1 to permit the small bar to operate until 01:00am on Friday and Saturday evenings, and remove Condition 2 which restricts the hours in which alcohol can be served/sold.

Parking Policy

Deemed-to-Comply Standard

Proposal

Small Bar – 0.15 bays per person accommodated.

 

95 persons accommodated = 14.25 bays required.

There are three on-site bays currently available for the premises, and the owner has previously paid a cash-in-lieu contribution for a shortfall of parking based on 94 persons. The additional patron results in a further shortfall of 0.15 bays.

 

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 occurred for a period of 14 days from 13 September 2018 to 28 September 2018. The method of consultation involved 390 letters being mailed out to all landowners and occupiers within a 150 metre radius of the site, as shown in Attachment 1, in accordance with the City’s Policy No. 4.1.5 – Community Consultation.

 

During this consultation, two submissions were received; both of which were in support of the proposal. One of the submissions of support commented that the extended operating hours were reasonable for a venue on the entertainment strip. The other submission did not provide any comments.

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. 3.8.7 – Alcohol Management;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.5.7 – Licensed Premises;

·       Policy No. 7.5.21 – Sound Attenuation;

·       Policy No. 7.6.1 – Heritage Management - Development Guidelines; and

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

 

Clause 77(1)(b) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 enables an application to be made requesting a local government to amend or delete any condition to which a development approval is subject.

 

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 application proposes to amend an application 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:

Nil.

Comments:

Hours of Operation

 

The Licenced Premises Policy provides a guide for appropriate operating hours in various zones, however it does not give any indication for the appropriate hours for Small Bars within the Regional Centre zone as the Policy was adopted in 2014, prior to the gazettal of LPS2. Notwithstanding that the Licenced Premises Policy has not been revised to account of the changes in zones as part of LPS2, the subject site was previously zoned Commercial under the former Town Planning Scheme No. 1 (TPS1). For premises within the Commercial zone under TPS1, the Licenced Premises Policy provides the following:

 

Day(s)

Trading Hours

Indoor Areas

Outdoor Areas

Monday – Saturday

07:00am – Midnight

07:00am – Midnight

Sunday

07:00am – 10:00pm

07:00am – 10:00pm

The Liquor Control Act 1988 does restrict the times in which liquor may be sold/served, however this can be varied by the Director of Liquor Licencing as part of an Extended Trading Permit in accordance with Section 60(5)(g) of the Liquor Control Act 1988 issued by the DRGL. Where an Extended Trading Permit is sought, the Licenced Premises Policy requires development approval to vary the extension of hours, along with the submission of a management plan. Additionally, a copy of the Public Interest Assessment submitted to the DRGL as part of the Extended Trading Permit application is also required to be provided.

 

In considering the proposed extended operating hours, the following is relevant:

 

·       As required by Policy No. 7.5.7, the applicant has provided a management plan and Public Interest Assessment, which were also submitted to the DRGL, and are included as Attachment 4. The management plan outlines how staff will be trained in the responsible service of alcohol to minimise the potential for harm, as well as how noise complaints will be addressed. Administration considers the management plan to be acceptable. The Public Interest Assessment, submitted for information purposes, outlines the premises which are in close proximity to the venue, as well as 74 signatories who are in support of the proposed hours;

·       The DRGL has issued an Extended Trading Permit for the premises for the additional hours. As part of this process, the DRGL consults with the WA Police, as well as the Department of Health to determine whether the Extended Trading Permit would be appropriate, and in the public interest. The DRGL determined that in this instance, the extended hours sought were appropriate, and issued the Extended Trading Permit for a period of five years;

·       The proposal is consistent with the objectives of the Regional Centre zone under LPS2, as the hours are complementary with the hours of surrounding businesses and will contribute towards activity and support existing entertainment uses within the Regional Centre; and

·       As noted in the Background section of this report, the City does not have any recorded complaints regarding the Amani Wine Bar and Restaurant since the Extended Trading Permit was issued by the DRGL. The applicant has advised that since operating under the Extended Trading Permit, the management measures have been implemented. This indicates that the management measures are appropriate to minimise any impacts as a result of the extended operating hours.

 

In light of this, the proposed extended operating hours are supported.

 

In regards to the removal of Condition 2, which currently restricts the hours in which alcohol can be sold/served, the DRGL has already issued the Extended Trading Permit to 01:00am on Friday and Saturday evenings. It is the responsibility of the DRGL to administer the Liquor Control Act 1988, which includes ensuring that venues are appropriately licenced, and any conditions of any licence are complied with. Given the service of alcohol is governed by a separate body, it is not considered necessary for the City to impose a separate condition regarding the restricting of the serving/sale of alcohol. In light of this, the removal of Condition 2 is supported.

 

Car Parking

 

The current Parking Policy contains a requirement for a Small Bar of 0.15 bays per patron. Based on the 95 patrons, this would result in a requirement of 14.25 bays. There are currently three bays allocated to the premises, which results in a shortfall of 11.25 bays. It must be acknowledged however that the applicant previously made cash-in-lieu contribution to satisfy the parking obligation for 94 patrons. Therefore in considering the current application, it is considered reasonable to only consider the parking requirements of the additional patron being proposed, which would require an additional 0.15 bay to be provided under the current Parking Policy.

 

As part of the application, the applicant provided the following information in regards to transport options to and from the premises:

 

·       Many of their patrons have often had a meal in the locality or attended the Luna Cinemas, or work in the restaurant industry and visit the premises after their shift, and attended the Amani Wine Bar and Restaurant before heading home;

·       There are numerous transport options available, including taxi’s and ride-sharing options (like Uber and Shofer), bus services, and the Leederville train station; and

·       There are three public car parks available within 200 metres of the site, as well as on-street parking along Oxford Street and Vincent Street.

 


 

In providing this, Administration considers that the application has satisfactorily demonstrated that there is a variety of transport options and public parking available to manage the parking requirements of the use, given that the shortfall equates to 0.15 bays based on the additional patron, which represents a 1.06 percent increase in capacity. It is also acknowledged that the use promotes alternative modes of transport, which is consistent with the objectives of Policy No. 7.7.1. There is an adequate provision of parking available to meet the needs of the premises, and therefore it is considered acceptable from a car parking perspective.

 

Conclusion

 

On 30 May 2017, the City received an application to amend the conditions of the previous planning approval to extend the permitted operating hours and increase the number of patrons for the Amani Wine Bar and Restaurant at No. 162 Oxford Street, Leederville.

 

Council is required to use its discretion with respect to the proposed operating hours and car parking requirements. The operating hours being sought are consistent with the Extended Trading Permit approved by the DRGL, and will contribute towards activity and support existing entertainment uses within the Regional Centre as envisaged by LPS2. The increased number of patrons is consistent with the Maximum Accommodation Certificate issued by the City, and there is sufficient alternative transport options and public parking available, without requiring the need for further parking facilities or a cash-in-lieu contribution. In light of this the application is supported subject to conditions.

 


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


Council Briefing Agenda                                                                                                      9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                     9 October 2018

5.7          No. 559 (Lot: 4 D/P 1477) Beaufort Street, Mount Lawley - Change of Use from Shop to Unlisted Use (Small Bar) - Amendment to Approved Conditions

TRIM Ref:                  D18/135012

Author:                     Joslin Colli, Coordinator Planning Services

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map

2.       Attachment 2 - Development approval granted on 21 August 2018  

 

 

Recommendation:

That Council in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 APPROVES the application to amend the existing development approval for a change of use from Shop to Small Bar at No. 559 (Lot: 4; D/P: 1477) Beaufort Street, Mount Lawley, granted by Council on 21 August 2018, as follows:

1.       All conditions of approval continue to apply with the exception of condition 1.3 which is deleted and replaced as follows:

1.1     The hours of operation for the proposed bar are limited to:

·       Monday to Saturday and Sundays prior to public holidays: 10:00am to midnight; and;

·       Ordinary Sundays and Public Holidays: 10:00am to 10:00pm.

 

Purpose of Report:

To consider request to amend Condition 1.3 of development approval issued by Council 21 August 2018, which relates to operating hours.

PROPOSAL:

The application proposes to amend Condition 1.3 of the existing approval to allow the Small Bar to operate on Mondays.

Background:

Landowner:

D Antoniazzi, W Antoniazzi, J Antoniazzi and K Debijl

Applicant:

AJCD

Date of Application:

7 September 2018

Zoning:

MRS:    Urban

LPS2:    Zone: Commercial

Built Form Area:

Activity Corridor

Existing Land Use:

Shop

Proposed Use Class:

Shop – “P” Use

Small Bar – “A” Use

Lot Area:

310m²

Right of Way (ROW):

Yes

Heritage List:

No

 

On 21 August 2018, Council approved an application for development approval for a Change of Use from Shop to Small Bar for one of the two tenancies at No. 559 Beaufort Street, Mount Lawley. The development involves internal alterations and additions to the rear of the tenancy for use as the small bar. The front portion of the tenancy building, which has a floor area of 19 square metres, will be retained as a Shop and will be used as a Barber Shop, comprising of four seats. The entire premises is proposed to be licensed for up to 100 people, although the licensing is subject to a separate process.

The previous approval issued by Council included the following condition:

 

“1.3    The hours of operation for the proposed bar are limited to:

 

·       Tuesday to Saturday and Sundays prior to public holidays: 10:00am to midnight; and

·       Ordinary Sundays and Public Holidays: 10:00am to 10:00pm;”

 

The applicant now seeks to amend condition 1.3 of the approval to include Mondays, as follows:

 

“1.3    The hours of operation for the proposed bar are limited to:

 

·       Monday to Saturday and Sundays prior to public holidays: 10:00am to midnight; and

·       Ordinary Sundays and Public Holidays: 10:00am to 10:00pm;”.

Details:

The application seeks approval to amend the operating hours condition so as to include Mondays. It should be noted that the original application sought approval to operate every day of the week and the imposed condition was incorrectly drafted at the time of approval. This application seeks to correct that previous error.

Consultation/Advertising:

The original application was advertised for public comment on the basis that the Small Bar would operate every day of the week. As the hours of operation being sought are consistent with that previous advertised, it is not considered necessary to re-advertise the proposal.

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.

 

The application to delete the aforementioned condition of development approval is made in accordance with Clause 77(1)(b) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, which enables an application to be made requesting the local government to amend or delete any condition to which a development approval is subject to.

 

The applicant will have the right to have Council’s decision reviewed by the State Administrative Tribunal (SAT) in accordance with Part 14 of the Planning and Development Act 2005.

Delegation to Determine Applications:

This matter is being referred to Council as the application proposes to amend a decision 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:

Nil.

Comments:

In considering the application, the following is relevant:

 

·      The application seeks to correct a previous error within the relevant condition.

·      The proposed operating hours for Mondays is consistent with the approved operating hours for Tuesdays to Saturdays and Sundays prior to public holidays.

·      Allowing the Small Bar to operate on Mondays will provide not have a detrimental impact on the amenity of the local area.

·      Allowing the Small Bar to operate on Mondays will enhance the activity and vibrancy of the local area.

 

It is therefore recommended Council amend the condition of approval to allow the Small Bar to operate Mondays.

 


Council Briefing Agenda                                                                                                      9 October 2018


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 

 


Council Briefing Agenda                                                                                     9 October 2018

5.8          Integrated Transport Plan - Appointment of a Successful Tenderer

TRIM Ref:                  D18/121289

Author:                     Stephen Schreck, Strategic Planning Officer

Authoriser:                Luke Gibson, A/Director Development Services

Attachments:             1.       Attachment 1 - Tender Evaluation Summary - Confidential  

2.       Attachment 2 - Price Summary - Confidential   

 

Recommendation:

That Council ACCEPTS the tender submitted by Cardno (WA) Pty Ltd for Tender No. 558/18 for the Preparation of an Integrated Transport Plan and the general conditions of tendering.

 

Purpose of Report:

To consider the awarding of Tender No. 558/18 – Appointment of a Consultant to Prepare an Integrated Transport Plan for the City of Vincent.

Background:

The City’s Corporate Business Plan 2018/19 – 2021/22 identifies a requirement for the City to review the Car Parking Strategy and prepare an Integrated Transport Plan for the district. As the population of the City of Vincent continues to grow, it is vital to plan for the integration of all transport modes for the overall transport network to function effectively and efficiently. The Integrated Transport Plan will guide the City’s strategic transport vision and provide an implementation plan for the future.

Details:

Tender Advertising

 

The allocated budget for the project is $310,000. As the budget exceeds $250,000, Policy No. 1.2.3 – Purchasing requires an open public tender process.

 

Under CEO Delegation 1.19, the Acting Director Development Services approved the Procurement Plan, which included the following Evaluation Criteria:

 

Qualitative Criteria

Weighting

1.    Methodology, Key issues and risks

 

 

 

 

 

 

50%

·        Understanding of the intent and ambition for the Integrated Transport Plan to be an industry-leading plan, focussed on achieving the Strategic Community Plan vision.

·        Methodology to undertake consultation with key stakeholders including government agencies, working groups and the community; continuing the theme of the recent Strategic Community Plan process.

·        Understanding of the required service by identifying the key issues and risks associated with delivering the project and how these will be addressed.

·        Understanding of the context of the City of Vincent.

·        Understanding of the existing and future key transport issues across each transport mode, as they relate to the City.

·        Understanding of further studies and expert analysis that may be required to complete the Integrated Transport Plan.

2.    Relevant experience, expertise, project team and capacity to deliver:

 

 

 

 

 

 

 

50%

·        Ability to provide high quality:

o   Consultation with Administration, Government Stakeholders, Council Members and the local Community;

o   Technical Studies and Analysis;

o   Written Reporting; and

o   Implementation planning.

·        Experience in a wide range of multi-modal transport planning projects relevant to the City’s context.

·        Roles, credentials and responsibilities of key personnel in the delivery of this project.

·        Ability to provide ongoing availability of sufficiently skilled persons capable of performing the tasks to the required standards through the project.

·        Capacity and depth to effectively address the range of requirements of the City.

·        Referees and relevant comments/testimonials.

 

The Request for Tender 558/18 was publicly advertised from 8 August 2018 and invited submissions until 28 August 2018.

 

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

 

·       Arup Australia Pty Ltd;

·       Cardno (WA) Pty Ltd;

·       Flyt Pty Ltd;

·       GTA Consultants (WA) Pty Ltd;

·       Jacobs Engineering Group INC;

·       KCTT Traffic and Transport Pty Ltd;

·       Shawmac Pty Ltd; and

·       SMEC Australia Pty Ltd.

 

Tender Assessment

 

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.

 

Title

Role

Director Engineering

Voting

Strategic Planning Officer

Voting

Administration Officer Corporate Services

Voting

Active Transport Officer

Technical Advice

Manager Policy & Place

Technical Advice

 

A summary table for each compliant Tenderer is provided below. A full outline of the Qualitative Evaluation Criteria for each tenderer is contained within Confidential Attachment 1.

 

Company

Methodology, key issues and risks (50%)

Relevant experience, expertise, project team and capacity to deliver (50%)

Total Score (100%)

Ranking

Cardno (WA) Pty Ltd

45

40

85

1

Flyt Pty Ltd

40

40

80

2

Arup Australia Pty Ltd

37.5

37.5

75

3

SMEC Australia Pty Ltd

35

37.5

72.5

4

GTA Consultants (WA) Pty Ltd

25

30

55

5

Jacobs Engineering Group INC

25

30

55

6

KCTT Traffic and Transport Pty Ltd

25

25

50

7

Shawmac Pty Ltd

25

25

50

8

 

Based on the evaluation panel discussion, the submission from Cardno (WA) Pty Ltd was the highest ranked submission against the Qualitative Evaluation Criteria.

 

Once the tenders were ranked on the Qualitative Evaluation Criteria, the evaluation panel made a value judgement as to the cost affordability, qualitative ranking and risk of each Tender, in order to determine which Tender which is most advantageous to the City. The tendered price was considered along with related factors affecting the total cost to the City (e.g. the lifetime operating costs of goods or the City’s contract management costs). The price summary for the Tender is included as Confidential Attachment 2.

Consultation/Advertising:

The Request for Tender No. 558/18 was advertised in the West Australian on Wednesday 8 August 2018 and Saturday 11 August 2018 and on both the City’s website and Tenderlink portal between 8 August 2018 and 28 August 2018.

Legal/Policy:

·       Section 3.57 of the Local Government Act 1995;

·       Part 4 of the Local Government (Functions and General) Regulations 1996; and

·       City of Vincent Policy No. 1.2.3 – Purchasing.

Risk Management Implications:

Low:    It is considered low risk for Council to appoint a consultant to undertake works.

Strategic Implications:

The City of Vincent Corporate Business Plan 2018/19 – 2021/22 states:

 

“2         Accessible city:

 

2.2        Car Parking Strategy and Integrated Transport Plan”

 

The City of Vincent Local Planning Strategy states:

 

“1.4.4    Traffic and Transport:

 

Strategy No. 1:

 

To promote better use of public transport and apply the principles of Transit Oriented Development in appropriate locations within the City;

 

Strategy No. 2:

 

Provide for a more efficient use of existing transportation infrastructure within the City to ensure the vitality of the businesses and activity centres in the City and protection of residential amenity;

 

Strategy No. 3:

 

Provide for a safe and efficient network of local and arterial roads facilitating access and the distribution of traffic throughout the City; and

 

Strategy No.4:

 

Increase opportunities for residents, businesses and visitors to use cycling and walking as their preferred mode of transport.”

 

The City of Vincent Draft Strategic Community Plan 2018 – 2028 states:

 

“Accessible City:

 

Develop and progress an integrated transport plan that considers increased and better connected pedestrian, cyclists and public transport.”

SUSTAINABILITY IMPLICATIONS:

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

 

“1.10     Advocate for improved public transport links within and to the City;

 

1.11      Promote public transport within and to the City, through community education and incentive initiatives;

 

1.12      Promote the use of electric vehicles, particularly scooters, rather than conventionally-fuelled vehicles; and

 

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

Financial/Budget Implications:

The costs associated with this contract will be met from the City’s 2018/2019 Annual Budget, which has an allocation of $310,000 to complete the project.

Comments:

The submission from Cardno (WA) Pty Ltd complies with all the tender requirements, including demonstrated understanding of methodology, key issues and risks as well as demonstrating relevant experience, expertise, project team and capacity to deliver the works outlined in the specification.

 

Reference checks were conducted for Cardno (WA) Pty Ltd by contacting the City of Bayswater in relation to its Morley Activity Centre Transport Assessment and the City of Swan in relation to its City-wide Integrated Transport Strategy. Both referees were satisfied with Cardno’s previous performance on their respective projects. The comments given by the referees were that Cardno maintained high quality communication throughout the project, provided high level strategic thinking and innovation, met deliverable timeframes and ensured that the project remained within scope.

 

The Evaluation Panel recommends that Cardno (WA) Pty Ltd be accepted for Tender No. 558/18 as having presented the most advantageous offer and best value for money to the City.

  


Council Briefing Agenda                                                                                     9 October 2018

6            Engineering

6.1          LATE REPORT: Proposed 40km/h Area Wide Speed Zone Trial - Results of Consultation

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING – 9 OCTOBER 2018

 

 

 

 


Council Briefing Agenda                                                                                     9 October 2018

6.2          LATE REPORT: Monthly Minor Parking Improvements/Amendments For Consideration

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING – 9 OCTOBER 2018

 

 

 

  


Council Briefing Agenda                                                                                     9 October 2018

7            Corporate Services

7.1          LATE REPORT:  Investment report as at 30 September 2018

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING 9 OCTOBER 2018

 

 

 

 


Council Briefing Agenda                                                                                     9 October 2018

7.2          Authorisation of Expenditure for the Period 22 August 2018 to
18 September 2018

TRIM Ref:                  D18/138174

Author:                     Nikki Hirrill, Accounts Payable Officer

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Payments by EFT and BPAY September 18

2.       Payments by Cheque September 18

3.       Payments by Credit Card September 18  

 

Recommendation:

That Council RECEIVES the list of accounts paid under delegated authority for the period 22 August 2018 to 18 September 2018 as detailed in attachment 1, 2 and 3 as summarised below:

 

Cheque Numbers 82416 - 82423

 

$1,764.25

Cancelled cheques 82422

 

-$513.20

EFT and BPAY Documents 2292 - 2304

 

$3,255,423.10

Payroll       

 

$1,217,610.58

 

 

 

Direct Debits

 

 

·      Lease Fees

$385.00

 

·      Loan Repayments

$148,537.79

 

·      Bank Fees and Charges

$67,146.22

 

·      Credit Cards

$3,821.62

 

Total Direct Debit

 

$219,890.63

Total Accounts Paid

 

$4,694,175.36

 

 

 

 

Purpose of Report:

To present to Council the expenditure and list of accounts paid for the period 22 August 2018 to 18 September 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 22 August 2018 to 18 September 2018, covers the following:

 

FUND

CHEQUE NUMBERS/

PAY PERIOD

AMOUNT

Municipal Account (Attachment 1, 2 and 3)

 

Cheques

82416 - 82423

$1,764.25

Cancelled Cheques

82422

-$513.20

EFT and BPAY Payments

2292 - 2304

$3,255,423.10

Sub Total

 

$3,256,674.15

 

 

 

Transfer of  Payroll by EFT

04/09/18

$610,554.26

 

18/09/18

$607,056.32

 

September 2018

$1,217,610.58

 

 

 

Bank Charges and Other Direct Debits

 

Lease Fees

 

$385.00

Loan Repayments

 

$148,537.79

Bank Charges – CBA

 

$67,146.22

Credit Cards

 

$3,821.62

Total Bank Charges and Other Direct Debits (Sub Total)

$219,890.63

 

 

Total Payments

 

$4,694,175.36

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 which establish satisfactory controls, supported by the internal and external audit functions.

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                                                                                                      9 October 2018

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Council Briefing Agenda                                                                                                      9 October 2018

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Council Briefing Agenda                                                                                                      9 October 2018

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Council Briefing Agenda                                                                                     9 October 2018

7.3          LATE REPORT:  Financial Statements as at 31 August 2018

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING 9 OCTOBER 2018

 

 

 

 


Council Briefing Agenda                                                                                     9 October 2018

7.4          LATE REPORT:  Financial Statements as at 30 September 2018

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL MEETING 16 OCTOBER 2018

 

 

 


Council Briefing Agenda                                                                                     9 October 2018

7.5          LATE REPORT:  Variation of Leederville Tennis Club and North Perth Tennis Club leases to enable return of funds held in City's reserve accounts to clubs

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING 9 OCTOBER 2018

 

 

 

 


http://vincent.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2018/10/COM_20181009_AGN_3135_AT.PDF7.6       City of Vincent Statutory Review of Wards and Representation

TRIM Ref:                  D18/137301

Authors:                   Meluka Bancroft, A/Manager Governance and Risk

Emma Simmons, Governance and Council Support Officer

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Discussion Paper - Review of the City's wards and representation

2.       Map of ward boundary and suburbs  

 

Recommendation:

That Council:

1.       NOTES that eight years has elapsed since the City of Vincent last undertook a review of its           ward boundaries and ward representation, and therefore in accordance with clause 6.1 of           Schedule 2.2 of the Local Government Act 1995 the City is required to undertake a review           this calendar year. 

2.       Authorises the Chief Executive Officer pursuant to clause 7 of schedule 2.2 of the Local Government Act 1995 to provide local public notice advising that:

          (a)      a review is being carried out; and

          (b)      that submissions may be received up to six weeks after the notice is first given;

          prior to undertaking the review as set out in 1. above.

3.       ENDORSES the Discussion Paper titled ‘Review of The City’s Wards and Representation’ (Attachment 1), for the purposes of providing local public notice in accordance with 2. above; and

4.       NOTES that the Chief Executive Officer will present the outcomes of the review at the Ordinary Meeting of Council on 11 December 2018 for endorsement.   

 

Purpose of Report:

To advise Council that a statutory review of the City’s wards and representation will be undertaken in accordance with schedule 2.2 of the Local Government Act 1995 (Act).

Background:

A local government’s ward and representation requirements are set out in the Act. The key requirements are:

 

·       a council must comprise of no fewer than six and no more than 15 elected members including a Mayor elected at large (section 2.17 of the Act); and

·       a district (local government area) can be divided into wards (section 2.2 of the Act).

 

Clause 6(1) of Schedule 2.2 to the Act provides that a local government that has a ward system is required to carry out reviews of:

 

(a)        its ward boundaries; and

(b)        the number of offices of council members for each ward,

 

from time to time so that not more than eight years elapse between successive reviews. 

 

The last review of the City of Vincent’s wards and representation was conducted between October and December 2010. Therefore the City is required to conduct a review of its wards and representation this year.

The outcome of the 2010 review was (as approved by Council by an absolute majority at the Ordinary Meeting of Council held on 21 December 2010):

 

·           that the Town (now City) retain the two current wards (North and South); and

·           Councillor representation remain unchanged as four Councillors for the North and South wards each.

 

The City’s current ward and representation structure is set out in the table below, which includes the deviation from the median number of electors for each ward.

 

Ward

Number of Electors

No. Councillors

Electors to Councillor

Ratio

% deviation from district average

North

11,143

4

2,786

-5.77%

South

12,507

4

3,127

5.76%

TOTAL

23,650

8

2, 956

 

 

A plan showing the ward boundary in relation to the suburbs is attached at Attachment 2.

 

The statutory ward and representation review is listed as item 6.10 in the City’s Corporate Business Plan 2018/19 – 2021/22. The City has allocated $20,000 in the 2018/19 financial year for the review.

Details:

The City has engaged Conway Highbury, a local government consultant, to conduct the statutory ward and representation review and to recommend ward and representation changes (if any), which subject to Council approval (absolute majority required), will be presented to the Local Government Advisory Board (LGAB) for adoption. The LGAB has requested that it is advised of the outcomes of the review by 31 January 2019, so that any changes can be implemented prior to the October 2019 elections. 

 

The review process and associated deadlines are as follows:

 

Date

Action

16 October 2018

Council meeting – advise Council that City will conduct the review following the provision of local public notice as required by the Act

18 October – 3 December

Community consultation period – City provides six weeks local public notice of review, and invites submissions

3 December 2018

Review conducted by consultant - consultant reviews statutory requirements and submissions / public comments and provides a discussion paper recommending ward and representation changes (if any)

11 December 2018

Council meeting – Council considers recommendations and may, by absolute majority, propose changes to the LGAB in writing  

January 2019

Notify LGAB of outcome of review – if changes recommended the LGAB makes recommendation to Minister

 

Conway Highbury in consultation with the City has prepared a discussion paper, attached at Attachment 1, detailing the review process, current ward and representation system and options for change. The options for change are provided only as suggestions to provoke discussion and are not intended to be all encompassing or to restrict other options. In providing public notice of the review the public will be invited to consider the appropriateness and effectiveness of the current ward and representation structure, and suggest any options for change.

Consultation/Advertising:

Clause 7 of schedule 2.2 to the Act requires that the City provides local public notice of the review. This local public notice is to be:

 

·           published in a newspaper circulating generally throughout the district;

·           exhibited to the public on a notice board at the local government’s offices; and

·           exhibited to the public on a notice board at every local government library in the district.

 

The City’s Community Consultation Policy No. 4.1.5 Appendix 1 provides that in addition to the statutory local public notice requirement, notice must be provided on the City’s website and via letters to businesses and community groups. Administration confirms that notice will be provided on the City’s website and social media platforms and email notices will be sent to all people registered for imagine.vincent.wa.gov.au and via the City’s e-newsletter.

 

Local public notice of the review will be provided on 18 October 2018, with submissions being invited for a period in excess of six weeks, closing at 9am on 3 December 2018. 

 

Local public notice will be provided by the following methods:

 

·       Public notice advertisements in the 18 October edition of the West Australian, 20 October edition of The Perth Voice, the 23 October edition of the Guardian Express Newspaper;

·       Public notice on the digital screen located at the City of Vincent Administration building and the public notice board at the City of Vincent library between 18 October and 2 December 2018;

·       Public notice advertisement on the City’s website and social media platforms between 18 October and 2 December 2018;

·       Submission / comment forum on the City’s EHQ webpage from 18 October to 2 December 2018;

·       Email notices to all people registered for imagine.vincent.wa.gov.au and / or the City’s e-newsletter;

·       Email notices to relevant special interest groups, including the Town Teams; and

·       Public notice advertisement included in the October and November City e-newsletter.

Legal/Policy:

Section 2.2 and schedule 2.2 of the Act set out the requirements for local government wards and representation and the review process. The City’s Community Consultation Policy No. 4.1.5 Appendix 1 includes additional consultation requirements for a ward review. Administration will comply with the statutory and policy requirements by providing public notice as detailed above. 

Risk Management Implications:

Medium Risk         The City is required by statute to complete this review in 2018 and to provide notice of the outcome of the review to the LGAB in 2019 (prior to 31 January 2019 in order for any changes to be implemented prior to the 2019 elections).

Strategic Implications:

The review aligns with the City’s Corporate Business Plan 2018/19 – 2021/22 as follows:

 

“6.10 Ward Review

 

Carry out a Ward Review as required by the Local Government Act 1996 (Schedule 2.2, Clause 6).” 

SUSTAINABILITY IMPLICATIONS:

N/A

Financial/Budget Implications:

The City has allocated $20,000 towards this review. The City has engaged Conway Highbury to conduct the review on the City’s behalf for a fee of $4,125 incl GST. The City will also incur costs through the community consultation period. It is predicted that the cost of the review will be within the allocated $20,000.

Comments:

The City is required by the Act to conduct the review this year, and in order for any changes to be included prior to the 2019 local government elections, the LGAB must be notified in writing of the outcome of the review by 31 January 2019. In order for Council to consider the recommendations of the review prior to the LGAB’s deadline it is necessary for local public notice to be provided immediately following this Ordinary Meeting of Council.  

 


Council Briefing Agenda                                                                                       9 October 2018

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Council Briefing Agenda                                                                                                      9 October 2018

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7.7          LATE REPORT: Reallocation of Capital Budget Funds – Leederville Shared Space

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING 9 OCTOBER 2018

 

 


Council Briefing Agenda                                                                                     9 October 2018

8            Community Engagement

8.1          Management of Services at Weld Square for People Experiencing Homelessness

TRIM Ref:                  D18/102165

Author:                     Kate Allen, Community Partner

Authoriser:                Michael Quirk, Director Community Engagement

Attachments:             1.       Homeless Support Services Map - Proximity to Weld Square  

 

Recommendation:

That Council:

1.       APPROVES the use of Weld Square by Manna Inc. to deliver a free meal service for people who are experiencing homelessness or at risk of homelessness for a period of 12 months concluding 30 November 2019, subject to the following conditions:

1.1     Hours of operation shall be between 1.30pm and 2.15pm on Mondays, Wednesdays, Thursdays and Fridays, and between 12.30pm and 1.15pm on Tuesdays;

1.2     Manna Inc. shall ensure that service provision practices minimise impacts and disturbance to nearby amenities, businesses and residences;

1.3     Relevant Manna Inc. staff and volunteers are required to attend a minimum of two (2) Information Sessions throughout the approval period with City of Vincent, Nyoongar Outreach Services and WA Police representatives to reaffirm expectations and protocols;

1.4     Manna Inc. shall ensure that actions identified by City of Vincent, Nyoongar Outreach Services and WA Police to deter anti-social behaviour are implemented in a timely manner;

1.5     Manna Inc. shall provide the City of Vincent, Nyoongar Outreach Services and WA Police with the details of a representative who is contactable during both office hours and after hours;

1.6     No more than two (2) Manna Inc. vehicles are authorised to access Weld Square during the meal service;

1.7     Manna Inc. vehicles shall enter Weld Square via the Newcastle Street crossover and provide the meal service at the southern side of the park in Winter and the northern side of the park in Summer, with these specific seasonal dates to be determined by the City of Vincent;

1.8     Manna Inc. staff and volunteers shall pick up all rubbish and litter associated with the meal service prior to leaving Weld Square;

1.9     Manna Inc. shall maintain Public Liability Insurance coverage for a minimum of $20 million and indemnify the City of Vincent against any accident, injury or damage resulting from their use of Weld Square;

1.10   A two (2) hour free meal service and Christmas Party may be held on one (1) day during December instead of the regular service with this specific date to be determined by the City of Vincent; and

1.11   The City of Vincent may withdraw approval for the Manna Inc. meal service to operate from Weld Square at its sole discretion.

2.       APPROVES a waiver of reserve hire fees totalling $7,065 for Manna Inc. to deliver a free meal service at Weld Square for people who are experiencing homelessness or at risk of homelessness for a period of 12 months;

3.       SUPPORTS Administration participating in the City of Perth Homelessness Framework Committee focussing on the coordination of unsolicited goods/services and development of a consolidated approach to homelessness services in the inner city which upon completion will be presented to Council for endorsement; and

4.       NOTES that Administration will not consider any applications for additional goods/services for people who are experiencing homelessness or at risk of homelessness at Weld Square until Council has considered the findings of the City of Perth Homelessness Framework Committee.

 

Purpose of Report:

To consider the ongoing use of Weld Square by Manna Inc. for the purposes of providing a free meal service for people who are experiencing homelessness or at risk of homelessness, and the other actions being undertaken by Administration to better manage the delivery of such support services within the inner City area.

Background:

Homelessness is one of the most severe examples of disadvantage experienced by people living in Australia today. Primary homelessness or ‘sleeping rough’ is the most visible form of homelessness where people live on the streets, in cars, tents and makeshift shelters. The 2016 Census data identified that around 9,000 people are experiencing homelessness in Western Australia with approximately 1,083 sleeping rough and 1,054 sleeping within supported accommodation for the homeless.  While the specific number of people experiencing homelessness within the Perth inner-city area fluctuates, a survey conducted by RUAH for Perth Registry Week 2016 identified 28 people in the City of Vincent and 319 in the City of Perth who were sleeping rough.  These individuals rely on support services for food, self-care, medical, accommodation, and legal assistance that are mainly available within the inner-city or outer metropolitan hubs. As a result, the inner-city area attracts higher rates of people sleeping rough who wish to remain close to such services.

 

Manna Inc. is a not for profit organisation focussed on providing assistance to people experiencing homelessness and other vulnerable individuals within the community. Manna Inc. has been providing services to the community for over 20 years and their Hot ‘n’ Healthy Meals program is now one of the largest meal services in Perth for people experiencing homelessness or hardship.  Manna Inc. moved their free meal service to Weld Square in August 2008 when Council approved temporary use from 4.30pm-6.30pm each day (excluding Saturdays) until permanent premises were secured. In October 2013, the City and Manna Inc. agreed to work together to try and find such permanent premises with Council simply providing 12 month approval for use of Weld Square in the interim.  Given that permanent premises were not secured subsequent 12 month approvals, with a range of associated conditions, were granted between 2013 and 2018.  These conditions attempted to respond to concerns raised by nearby residents and businesses regarding the Manna Inc. meal service or homelessness more broadly.

 

Manna Inc. are currently the only service authorised by the City to operate from Weld Square as per Council’s resolution on 14 November 2017:

 

“That Council:

 

1.       APPROVES the waiving of fees of $4,320.00 for Manna Inc. to utilise Weld Square to carry out a free meal service for people who are experiencing homelessness or at risk of homelessness for a period of 12 months, concluding 30 November 2018 subject to the following conditions:

 

1.1       Hours of operation shall be between 1.30pm and 2.30pm; five days a week Monday to Friday;

 

1.2       An afterhours contact number for Manna Inc. shall be provided to the City of Vincent;

 

1.3       Manna Inc. shall ensure that the service provision will have minimal impact and disturbance to the nearby amenities and environment, and comply with all relevant legislation;

 

1.4       Manna Inc. will work with the City of Vincent, WA Police and Nyoongar Outreach Services to implement solutions that deter anti-social behaviour;

 

1.5       No more than two vehicles shall be allowed access on Weld Square at any time;

 

1.6       Manna Inc. will enter Weld Square via the Newcastle Street crossover and provide it’s meal service at the Southern side of the park in Winter and the northern side of the park in Summer, with specific dates to be determined by Administration;

 

1.7       Manna Inc. staff shall strictly pick up all rubbish and litter pertaining to its client group before leaving Weld Square and minimise the amount of disposable items being handed out;

 

1.8       Permission to operate within Weld Square may be withdrawn by Administration at its discretion;

 

1.9       Manna Inc. must maintain public liability and endorse to indemnify the City against any accident, injury and damage resulting from or incidents arising from their use of Weld Square as per Policy No. 2.1.7 – Parks, Reserves and Facilities; and

 

1.10     All Manna Inc. volunteers are required to attend an information session with relevant City of Vincent Officers, Nyoongar Outreach Services and WA Police to reaffirm expectations and protocols;

 

2.       NOTES that Administration will meet with key service delivery organisations, including but not limited to Manna Inc. and Salvation Army, to determine a consolidated approach to service delivery at Weld Square that balances a response to homelessness with reasonable park amenity for local residents; and

 

3.       SUPPORTS Administration respectfully preventing any unauthorised organisations, groups or businesses from providing services for people experiencing homelessness or at risk of homelessness at Weld Square without the City’s prior approval.”

 

With approval for Manna Inc. to operate their free meal service at Weld Square concluding on 30 November 2018 it is now necessary for Council to consider approval for a further 12 month period. 

Details:

Administration has monitored and reviewed the free meal service at Weld Square over the last 12 months to enable well-informed decision making by Council regarding any subsequent approval given that Manna Inc. has expressed their desire to continue the service.  Administration has also progressed a range of other actions to work towards better management of support services for the homeless.

 

Manna Inc. Free Meal Service

 

The free meal service was delivered five days a week Monday to Friday over the last 12 months, and Manna Inc. has provided the following statistics regarding average meal service provision:

 

Service Provision

Average Per Service

(Per Day)

Meals cooked

150

Clients accessing service

85

Seconds provided

35

Surplus meals

30

 

Food Management & Preparation

 

In July 2018, Manna Inc. entered into a partnership with People Who Care who now provide a Supervisor to coordinate the Manna Inc. kitchen including meal service preparation. People Who Care also operate a Work for the Dole Program with participants working alongside Manna Inc. volunteers to cook meals.  The service of meals at Weld Square remains solely through Manna Inc. volunteers only.

 

During the approval period, Manna Inc. advised Administration that they had negotiated an extension of the lease for their kitchen premises, however under new arrangements they are now required to vacate the premises after 11.00am each Tuesday.  Given that meals need to be served within two hours of being packed for food safety reasons Manna Inc. requested that the meal service be changed to between 12.30pm and 1.15pm on Tuesdays rather than between 1.30pm and 2.15pm.

 

Litter Management

 

Manna Inc. opted to move to biodegradable packaging and cease providing plastic bags.  Meals were previously provided in three plastic containers and one soup cup within a plastic bag but they are now provided within one biodegradable container and one soup cup within a paper bag.  Manna Inc. received a large donation of soup cups of which they still have stock, however once this has been exhausted they will be switching to a biodegradable style soup cup.

 

A key approval condition is for Manna Inc. volunteers to clean-up any litter associated with the meal service prior to leaving Weld Square.  While the volunteers have generally undertaken this task throughout the approval period it has been evident on some days that either volunteers have not been vigilant enough or clients have remained onsite after Manna Inc. have departed for the day and not placed rubbish within the bins provided.  Manna Inc. volunteers have been instructed to advise clients to dispose of litter responsibly in the park bins provided.  Given the ongoing nature of this issue, and associated complaints from local residents, the City’s Parks & Urban Green Team have recently adjusted their daily schedule to enable attendance at Weld Square around 2.30pm each day.

 

Client Incidents Management

 

Manna Inc. implemented a number of changes during the approval period based upon advice from the City of Vincent and Nyoongar Outreach Services to better manage any incidents with clients.  These changes included:

 

·      Reduced the actual meal service time from 1 hour to 45 minutes

·      Discontinued the provision of multiple meals during the first 30 minutes of service to ensure all clients have equitable access to food

·      Reduced the number meals served to avoid excess food and food containers being handed out

·      All meal services being conducted either from inside the van or from behind tables with no food to be kept on tables in front of staff

·      Meal services being immediately ceased in response to incidents or on the advice of Nyoongar Outreach Services staff

1.              

Administration noted that some Manna Inc. volunteers were reluctant to adhere to the abovementioned changes also raised concerns with Manna Inc. regarding the apparent refusal of some volunteers to adhere to procedures and follow instructions, as has been mentioned above. Manna Inc. have advised that since introducing their new policies and procedures, providing further training and the new arrangement of People Who Care supervising the kitchen, that there has been significant improvement in this area.

 

It is evident that a small proportion of Manna Inc. clients do engage in anti-social behaviour at Weld Square during, before or after the meal service with many of these behaviours likely caused or exacerbated by substance abuse, mental health and social issues experienced by clients.  While this leads to a wide range of interactions between Manna Inc. volunteers and clients the majority of these interactions are simply managed by Manna Inc. either with or without support from Nyoongar Outreach Services.  Although two more serious incidents did occur during the approval period with a Nyoongar Outreach Services worker assaulted on one occasion and client-on-client assault on one occasion.

 

Weld Square – Incidents & Complaints

 

The City of Vincent in collaboration with Nyoongar Outreach Services and WA Police have endeavoured to maintain a presence at Weld Square over the last 12-month period.  Nyoongar Outreach Services are onsite during each meal service to specifically work with Aboriginal clients and provide support, diffuse non-violent conflicts and minimise anti-social behaviours.  Rangers patrol and attend Weld Square as much as possible, particularly during meal service times, subject to other priorities throughout Vincent.  WA Police generally respond upon incidents being reported although they have also proactively patrolled and attended Weld Square when possible.

 

City of Vincent Community Safety

 

The City’s Rangers have monitored their attendance throughout the 2018 calendar year, including litter and anti-social behaviour issues that were observed during the Manna Inc. meal service:

 

 

Month

No. Ranger Patrols

No. Litter Issues

No. Anti-Social Issues

January

9

0

0

February

12

2

0

March

0

0

0

April

5

0

0

May

15

2

1

June

10

2

2

July

26

0

1

August

24

0

2

September

16

0

1

 

In addition, the Rangers conducted regular patrols in response to community concerns that unauthorised food services were operating from Weld Square.  Four organisations – So Change Australia, HD Streetwise, Majlis Ansarullah Australia, and Salvation Army were observed providing services and formally advised that such activity was not permissible without Council approval.

 

City of Vincent Community Partnerships

 

The City’s Community Partnerships Team received 22 complaints during the approval period with 15 attributable to an individual resident/business owner and the remaining 7 from unique or anonymous sources. The nature of these complaints is summarised below:

Month

Community Complaints

Nov-18

Anti-social behaviour

Anti-social behaviour

Jan-18

Tents/illegal camping and anti-social behaviour

Feb-18

Unauthorised service provider

Lack of toilet amenities and anti-social behaviour

Tents/illegal camping

Mar-18

Litter

Apr-18

Anti-social behaviour and litter

Anti-social behaviour and unauthorised service provider

May-18

Litter

Anti-social behaviour and litter

Unauthorised service provider

Jun-18

Unauthorised service provider

Tents/illegal camping

Anti-social behaviour at nearby business

Tents/illegal camping

Anti-social behaviour

Tents/illegal camping

Jul-18

Tents/illegal camping, anti-social behaviour, alcohol and drug abuse

Unauthorised service provider

Aug-18

Anti-social behaviour and unauthorised access at nearby business

Anti-social behaviour and unauthorised access at nearby apartments

Sept-18

Nil

 

It is acknowledged that this is a significant increase from the two complaints received in the previous year although Administration has actively encouraged local residents and businesses to report all incidents to either the City of Vincent or WA Police.

 

 

WA Police

 

WA Police has confirmed that Weld Square, and the surrounding area, is a common location for anti-social behaviour and other incidents that are likely attributable to its proximity to licenced premises within the Perth CBD and the prevalence of homelessness within the inner-city area.  While specific attendance and crime statistics for Weld Square are not available from WA Police they have advised that there has been a 10% increase in reported incidents over the last 12 month period.  Notably, the McDonalds premises opposite Weld Square is reported as a hotspot for these incidents some of which are linked with the homeless or people experiencing disadvantage.   

 

Prevalence of the Homelessness at Weld Square

 

Many of the incidents and complaints received during the approval period are related to the activities of people who are experiencing homelessness.  While some of these incidents and complaints do indeed coincide with the Manna Inc. free meal service is must be noted that many of these incidents and complaints are simply linked with the prevalence of people who are experiencing homelessness within the inner-city area.

 

A large number of support services for people who are experiencing homelessness or at risk of homelessness are provided within close proximity to Weld Square.  Attachment 1 identifies that approximately 25 support services are located in the area including the Homeless Accommodation Support Service, Tom Fisher House, Derbarl Yerrigan Health Service and Shelter WA.  Evidence suggests that people experiencing homelessness rely on such support services and therefore chose to remain in close proximity.  Other nearby public open spaces such as Robertson Park and Forrest Park also experience issues associated with people experiencing disadvantage such as anti-social behaviour, camping, and public consumption of drugs and alcohol.  There are no food or other services provided from these parks however they are also in relatively close proximity to these support services.

 

In addition, the history of Weld Square and its significance to the Aboriginal community must be acknowledged.  Under abhorrent decision making by the State Government at the time Perth was declared a prohibited area for Aboriginal people between 1927 and 1954.  Weld Square is located where that prohibited area finished on Newcastle Street, and consequently became a necessary meeting place and location for refuge.  Weld Square is also a Registered Aboriginal Site (No. 17848) and has traditionally been used as a camping ground and meeting place, and is therefore of great importance to the Whadjuk Noongar people.      

 

Any decision to discontinue or relocate the Manna Inc. free meal service from Weld Square is unlikely to reduce the number of people who are experiencing homelessness in the local area and will not stop many of these people from accessing the park.  Given the history and significance of Weld Square to the Aboriginal people the discontinuation or relocation of the free meal service is also unlikely to impact their use of the park. 

 

Unauthorised Services at Weld Square

 

Administration has received numerous complaints during the approval period regarding unauthorised services being delivered at Weld Square.  The City’s Rangers identified three organisations (So Change Inc., Majlis Ansarullah Australia, and HD Streetwise) and advised that the provision of services was not permissible without prior Council approval.  The Salvation Army was operating an evening soup kitchen until February 2018 however ceased the service upon advice from Administration.  Anecdotal reports have been received regarding other individuals and organisations providing services at Weld Square on an ad-hoc basis.

 

A number of other service providers such as the Footpath Library, Hair Aid, Youth Sikh WA, Homeless Bleed Too, and So Change Inc. have expressed interest in operating either alongside or in addition to Manna Inc. or in addition to Manna Inc.  However, to limit the impact on residences and businesses surrounding Weld Square these service providers have been encouraged to partner with nearby day centres or outreach services.  

 

The social services and homelessness sector has provided varying feedback on the effectiveness, suitability and location of many current service providers.  Food, hygiene and other ‘relief’ services that are provided in isolation (especially those being provided by people without training in social services) may in some cases act as a barrier to people engaging with support services that may help them obtain accommodation and address other issues being experienced. Outreach, mental health and housing support organisations often use relief services as a means of building trust with people experiencing homelessness.


 

City Homelessness Framework Committee

 

In February 2018, the City of Perth released their Homeless Sector Review that included mapping of key support services.  That Review identified that on any weekday a person experiencing homelessness would have access to at least three options for breakfast, lunch and dinner within the inner-city area from services operating at set locations. Weekend services are more limited with Saturday having at least one option for breakfast, lunch and dinner while on Sunday there is no lunch service available from a funded or formal service provider.  Although the mapping did not include the many roaming and ad-hoc food services that are provided by individuals and community groups within the city. 

 

The review also identified that the current lack of coordination and ad-hoc nature of many of the relief services being provided contributes to a lack of certainty around when and where food will be available. There appears to be an excess of food relief in the inner-city area with much of it going to waste.  There is also a vast range in the quality of food being provided. Service providers also report that while there is a focus on provision of food within the inner City, many people experiencing disadvantage and homelessness in outer suburbs are unable to access food relief.

 

The City of Vincent was invited to join the City Homelessness Framework Reference Committee that has been formed to gain a greater understanding and consensus from the homelessness sector as to the needs, gaps and duplications in current services. Three working groups were subsequently formed to develop a plan of action for the following areas:

 

·      Unsolicited Distribution of Food and Services in the Inner City;

·      Coordination of Services into Housing Plus Model; and

·      Coordination of Services in the Inner City.

 

Administration is an active member of the ‘Unsolicited Distribution of Food and Services in the Inner City’ working group given its relevance to Weld Square.  That Working Group is currently progressing actions that will be incorporated into an overarching Inner-City Homelessness Framework relating to:

 

1.       Coordination of services within the inner city, including services offered from buildings, mobile vehicles, parks and other outdoor locations to remove duplication, use available resources more effectively and with greater collective impact, be client-centred and aimed at the primary objective of connecting people to a pathway out of homelessness;

 

2.       Development of a scope, project plan and timeline to guide development and implementation of proposed actions;

 

3.       Identify quick wins, medium and long-term actions;

 

4.       Consideration of any issues relating to the successful implementation of the actions contained within the plan through consultation and collaboration with relevant stakeholders; and

 

5.       The establishment of a collaborative/consultative process for engaging community members and groups identified as currently providing unsolicited goods and/or services to people who are homeless.

 

It is expected that the Inner-City Homelessness Framework will be completed by the end of the 2018 calendar year, and Administration proposes that this will then be formally presented to Council for consideration as it may directly inform future decision making at Weld Square.

Consultation/Advertising:

Administration has reviewed and discussed the Manna Inc. free meal service with a range of key stakeholders including WA Police, Nyoongar Outreach Services, and the City Homelessness Framework Reference Committee. 

Legal/Policy:

The following Local Laws and Policies are relevant to the Manna Inc. free meal service approval:

 

·      City of Vincent Local Government Property Local Law; and

·      Council Policy No. 2.1.7 – Parks Reserve and Hall Facilities – Conditions of Hire and Use;

Risk Management Implications:

Negative Community Perception

 

Medium:      There is divided opinion amongst the local community regarding provision of services for the homeless at Weld Square with some residents and businesses opposed to the services and others in support.  Continued approval of the Manna Inc. free meal service will inevitably lead to criticism particularly given the incident and complaints received during the previous 12 month period.

 

Community Safety Risks

 

Medium:      It is evident that Weld Square and the surrounding area experiences anti-social behaviour associated with both proximity to licenced premises and prevalence of people experiencing homelessness.  It remains necessary for the City of Vincent to work collaboratively with WA Police, Nyoongar Outreach Services and Manna Inc. to manage these community safety risks.

Strategic Implications:

The Manna Inc. free meal service aligns with the following objectives in the City’s Strategic Community Plan 2013 – 2023:

 

Community Development and Wellbeing

 

3.1       Enhance and Promote Community Development and Wellbeing:

 

3.1.2       Promote and foster community safety and security;

 

3.1.4       Promote health and wellbeing in the community;

 

3.1.6       Build capacity within the community for individuals and groups to meet their needs and the needs of the broader community.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The proposed waiver of reserve hire fees for the manna Inc. free meal service totals $7,065 for the period up to 30 November 2019.  This has been calculated based upon the meal service operating five days a week for 52 weeks a year excluding Christmas Day as well as a two hour Christmas Party in December.

Comments:

Homelessness remains a complex issue for both Local Government and the community, and balancing the needs of people experiencing homelessness with the amenity of local residents and businesses remains a significant challenge.  Manna Inc. is a well-established and recognised provider of quality food relief services within the social services sector, and has adhered to the conditions related their approval to operate from Weld Square.

 

Administration recognises that there are issues associated with the behaviours of a minority of people who access Manna Inc.’s free meal service and that there are broader anti-social behaviour issues associated with the prevalence of people experiencing homelessness within the inner-city area.  Given the large number of support services located within close proximity to Weld Square and its long history as a meeting place for Aboriginal people any decision to discontinue or relocate the free meal service will not resolve these issues.

 

A further 12-month approval for Manna Inc. to operate from Weld Square is regarded as an important for those experiencing homelessness and forms a key component of the emergency relief network within the inner city area.  However, the addition of any further relief services at Weld Square is not recommended with any future decision making remaining subject to the outcomes of the City Homelessness Framework Reference Committee.  It is recommended that Manna Inc. receive a further 12-month approval to operate from Weld Square subject to the conditions listed.


Council Briefing Agenda                                                                                       9 October 2018

 

 


Council Briefing Agenda                                                                                     9 October 2018

8.2          Kyilla Community Farmers Market - Permit Approval and Waiver of Fees

TRIM Ref:                  D18/81464

Author:                     Kate Allen, Community Partner

Authoriser:                Michael Quirk, Director Community Engagement

Attachments:             1.       Farmers Market Application - Kyilla Primary and Pre Primary Parents and Citizens Association Inc.

2.       Kyilla Community Farmers Market Site Usage Plan  

 

Recommendation:

That Council:

2.     ACKNOWLEDGES the success of the Kyilla Community Farmers Market, and the efforts of the Kyilla Primary and Pre Primary Parents and Citizens Association Inc. to deliver the Market over the last five year period;

3.     APPROVES pursuant to Part 3 of the City of Vincent Local Government Property Local Law 2008 a Permit for the Kyilla Primary and Pre Primary Parents and Citizens Association Inc. to operate the Kyilla Community Farmers Market at Kyilla Park for a five (5) year period commencing 1 December 2018 subject to the following conditions:

2.1     The hours of operation of the Farmers Market shall be limited to 8.00am to 11.30am on Saturdays, with set-up not earlier than 7:00am and pack-down not later than 1:00pm;

 

2.2     The number of stallholders shall be limited to a total of forty (40) and cover an area of no more than seventy-five (75) per cent of Kyilla Park, as shown in (Attachment 2);

 

2.3     The type of stalls shall be limited to those within the following categories - food stalls, community non-profit organisations, community promotional activity outlets, and arts and crafts;

 

2.4     Full compliance with any relevant City of Vincent environmental health and reserve hire conditions;

 

2.5     The Farmers Market shall be covered by Public Liability and Products Liability Insurance to the amount of $20 million through the WA Council of State School Organisations Inc.;

 

2.6     A Kyilla Primary and Pre Primary Parents and Citizens Association representative to be on-site at all times during the operation of the market;

 

2.7     A telephone number for a Kyilla Primary and Pre Primary Parents and Citizens Association representative shall be made available to the public and displayed at the markets, to enable local residents to lodge complaints; and

 

2.8     Acknowledge Council’s ongoing support of the Farmers Market through inclusion of the City of Vincent logo on all promotional materials, and the provision of stallholder opportunities for the City of Vincent to communicate projects and services to the community.  

 

3.       AUTHORISES up to four (4) Extraordinary Markets per calendar year that fall outside the Saturday morning approved timeframe subject to approval from the Chief Executive Officer at least one (1) month prior; and

 

4.       APPROVES BY ABSOLUTE MAJORITY a waiver of the following fees and charges:

 

4.1     Reserve hire fees of $11,232 per annum totalling $56,160 over the five (5) year period; and

 

          4.2     Waste services fees of $1,780 per annum totalling $8,900 over the five (5) year period.

 

Purpose of Report:

To obtain Council approval for the Kyilla Primary and Pre Primary Parents and Citizens Association Inc. (Kyilla P&C) to operate the Kyilla Community Farmers Market (Farmers Market) at Kyilla Park, North Perth and to approve the waiver of associated fees and charges.

Background:

The Kyilla P&C is a not for profit organisation aimed at engaging and supporting the local community and providing numerous benefits to the school and its students, and they have operated the Farmers Market for the last five years following the decision at the Ordinary Meeting of Council on 26 March 2013:

 

“That the Council;

 

1.         RECEIVES the Application from Kyilla Primary School Parents and Citizens Association (P&C) dated November 2013, as shown in Appendix 9.4.2A to renew the permit for the Kyilla Community Farmers’ Market on Kyilla Park;

 

2.         APPROVES Pursuant to Part 3 of the City of Vincent Local Government Property Local Law 2008, the Chief Executive Officer to issue a Permit, renewable for a five (5) year period to the Kyilla Primary School Parents and Citizens Association to hold the Kyilla Community Farmers’ Market on Kyilla Park, as outlined in their application dated November 2013 and subject to full compliance with the following conditions:

 

2.1        The hours of operation of the Farmers’ Market shall be limited to 8.00am to 11.30am on Saturdays, with set-up not to occur prior to 7:00am and pack-down to be complete by 1:00pm;

 

2.2        The use of Kyilla Park on Saturday mornings from 7:00am to 1:00pm;

 

2.3        The number of stallholders shall be limited to a total of forty (40) and cover an area of no more than seventy five (75) per cent of Kyilla Park, as shown in Appendix 9.4.2B;

 

2.4        The type of stalls shall be limited to those within the following categories: food stalls, community non-profit organisations, community promotional activity outlets, and art and crafts;

 

2.5        Kyilla Primary School Parents and Citizens Association shall use the City of Vincent’s waste management services for the prescribed fee (or a commercial service) to ensure Kyilla Park remains clean and clear of rubbish;

 

2.6        Full compliance with Environmental Health conditions;

 

2.7        Kyilla Community Farmers’ Market shall be covered by public liability insurance under the Department of Education for the amount of $20,000,000;

 

2.8        A responsible adult shall be present on-site during the operation of the market (7:00am to 1:00pm) to respond to any complaints; and

 

2.9        A Complaints “Hot-line” telephone number shall be made available to the public and displayed at the markets, to enable local residents to lodge complaints;

 

to the satisfaction of the Chief Executive Officer;

 

3.         AUTHORISES;

 

3.1        Up to four (4) Extraordinary Markets per calendar year that fall outside the Saturday morning approved timeframe, with proposed details of each Extraordinary Market to be provided in an application to the Chief Executive Officer at least one (1) month prior; and

 

3.2        the Chief Executive Officer to approve any such applications under delegated authority; and

 

4.         RESERVES its right to revoke the approval at any time during the twelve (12) month period if Kyilla Primary School P&C fail to reasonably comply with the approved conditions;

 

5.         NOTES that the Council previously supported the “in-kind” use of Kyilla Park on Saturday mornings from 7.00am to 12.00noon and waiving of hire fees of $159 per half day ($8,268 per annum);

 

6.         DOES NOT SUPPORT the request from Kyilla Primary School P&C to waive the hire fees for banner poles on Scarborough Beach Road and Fitzgerald Street ($1,800), plus the production and promotion of banners (average $2,420), as there are no budgeted funds for this purpose;

 

7.         APPROVES BY AN ABSOLUTE MAJORITY: the waiving of buskers fees of $100 per market day ($5,200); and

 

7.1        The waiving of buskers fees of $100 per market day ($5,200 per annum); and

 

7.2        The “in-kind” use of Kyilla Park and waiving of hire fees of $159 per half day ($8,268 per annum); and

 

7.3        The waiving of fees will be considered by the Council on an annual basis; and

 

8.         NOTES that the City’s Rangers and Officers will be available to assist in resolving of any issues which may arise, to minimise any impact on the amenity of the area or the local community.”

 

The Kyilla P&C established a dedicated Farmers Market Committee to oversee and regulate market operations, and with the initial five-year Permit approval expiring in November 2018 they are now seeking continued use of Kyilla Park subject to the same conditions. 

Details:

The Farmers Market operates on Saturday’s between 8.00am and 11.30am with approximately 500 visitors each week although some themed or special events attract between 1,000 and 2,000 visitors. Over the last five years the Farmers Market has provided a way for the local community to engage and connect with each other, and consistent feedback from attendees has demonstrated that people enjoy the family friendly environment and access to quality food and fresh produce.

 

Stallholders

 

Stallholders pay a fee to the Kyilla P&C to be able to operate their stall and the stallholder maintains any profit.  Commercial stallholders are charged $55.00 per market for a 3 metre x 3 metre space with a powered site incurring an extra $20.00.  Not-for-profit and community stallholders do not pay a fee. The funds raised from stallholder fees enables the Kyilla P&C to meet costs associated with Farmers Market operations including a Market Manager, equipment and infrastructure.  Local businesses are also provided with stalls free of charge so they can promote themselves within their community.  The funds raised also enable to Kyilla P&C to contribute to the educational resources and learning resources for students at Kyilla Primary School.

 

The existing Permit conditions enable the Farmers Market to accommodate up to 40 stallholders although there is generally between 25 and 30 stalls each week including fruit and vegetables, bakery and baked goods, coffee and juice vans, groceries including meats/cheeses/preserves, craft and homewares, plants, food vans and community/children’s activities.

 

Community Initiatives

 

Local entertainers including school choirs, musicians and dance troupes regularly perform at the Farmers Market which provides opportunities for them to gain performance experience while adding to the atmosphere.  Through the assistance from the City of Vincent, Transition Town Vincent and Kyilla Primary School the Farmers Market has implemented a range of waste reduction initiatives to minimise environmental impact. This includes reducing plastic use by stallholders, composting with two organic waste bins at each market, and participating in the Boomerang Bags initiative with bags available for loan to customers.


 

Themed markets are held to enable collaboration with other community events and organisations.  A ‘Book Fest Market’ was held during Book Week 2018 which featured reading tents with older children reading to younger children.  A second hand book sale was also held with all proceeds donated to the Indigenous Literacy Foundation. The City of Vincent Library provided children’s activities and Transition Town Vincent attended to highlight the Little Free Libraries initiative.  During Bike Week visitors were encouraged to ride to the Farmers Market with the first 50 people receiving a free coffee or juice. A bike repair specialist was available for repairs and adjustments, and a bike track is set up for children to practice riding.

 

Community Feedback

 

The Kyilla P&C regularly receives positive feedback from Farmers Market attendees and the broader North Perth community.  Surveying was undertaken over several weeks throughout 2017 with consistent, positive comments received from 142 respondents regarding the community feel and atmosphere of the Farmers Market as well as the variety of food and fresh produce available.  The Kyilla P&C has not received any written complaints from the public although the City has received one complaint regarding food labelling standards and several complaints regarding people parking on resident verges.  No verge parking complaints were received in 2017/18 or 2018/19 year to date.  

 

The Kyilla P&C has established a contact phone for any complaints to be reported and the Farmers Market Manager deals with these issues immediately. 

 

Farmers Market Operating Budget

 

The Farmers Market generates revenue from stallholder fees as well as sales from the Kyilla P&C stall.  In the 2017/18 financial year, the Farmers Market delivered an operating profit of $31,203 that was reinvested back into the Kyilla P&C general operating budget to fund projects and purchases for Kyilla Primary School.  At the end of the 2017/18 financial year the Kyilla P&C net position was a $7,266.

 

As per Council’s March 2013 resolution, the reserve hire fees associated with Kyilla Park were waived for the Kyilla P&C although upon review it has been identified that Administration did not present a report to Council on an annual basis.  Reserve hire fees were simply waived throughout the five-year period rather than being considered by Council each year throughout that period.  In addition, it has been identified that waste management services were also waived throughout the five-year period despite Council’s March 2013 resolution not specifically dealing with such costs.  The applicable reserve hire and waste management fees waived were as follows:    

 

Year

Waste Management

Kyilla Park Hire Fee

2013/14

$1,480

$8,268

2014/15

$1,520

$10,712

2015/16

$1,780

$11,024

2016/17

$1,780

$11,024

2017/18

$1,780

$11,232

TOTAL

$8,340

$52,260

 

The waiver of these costs has proven essential for the Kyilla P&C to deliver the Farmers Market in a financially sustainable manner, and they have acknowledged the invaluable support and assistance provided by the City of Vincent.

 

Future Farmers Market Operations

 

The Kyilla P&C has requested approval to operate the market with no specified end date in order to provide certainty to stallholders and the community. Administration acknowledges that the Kyilla P&C has complied with all requirements as set out by Council and the Farmers Market has been well supported by the community, however a further five-year approval is considered sufficient to provide such continuity and certainty.

 

Administration has reviewed the previous Council resolution, and associated approval conditions, to ensure that any further approvals include all necessary fee waivers and reduce administrative red tape.  As such, it is recommended that a Permit be approved for a five-year period from December 2018 to December 2023 without the need for Council to consider approval and fee waivers on an annual basis.  The total reserve hire and waste management fees to be waived throughout that entire period have also been included within the proposed recommendations.    

 

Consultation/Advertising:

The City has held discussions with Kyilla P&C who indicated their desire to continue operating the Farmers Market under the same conditions as were previously approved by Council. There are no significant changes forecast to the existing approval conditions and Administration is not aware of any significant concerns or issues associated with the continued operation of the Farmers Market.  Further community consultation is not required.

Legal/Policy:

The following Local Laws and Policies are relevant to the Farmers Market approval:

 

·      City of Vincent Local Government Property Local Law;

·      Council Policy No. 2.1.7 – Parks Reserve and Hall Facilities – Conditions of Hire and Use;

·      Council Policy No. 3.8.3 – Concerts and Events;

·      Council Policy No. 3.10.11 – Community Funding; and

·      Council Delegated Authority Register 2018 – 2019.

 

Specifically, while Council Policy No. 3.10.11 – Community Funding enables the waiving or reduction of fees for community groups, organisations and individuals this is limited to an amount up to $1,000 as per Council’s Delegated Authority Register.  Given that the proposed waiver for the Kyilla P&C totals $13,012 per annum and $65,060 over the five-year period Council decision making is required.  

Risk Management Implications:

Low:       The Farmers Market has been in operation for five years and demonstrated robust management processes during that time.  The Kyilla P&C is required to hold adequate Public Liability Insurance and adhere to all relevant environmental health and reserve hire conditions.

Strategic Implications:

The Farmers Market aligns with the following objectives in the City’s Strategic Community Plan 2013 – 2023:

 

Community Development and Wellbeing

 

3.1       Enhance and Promote Community Development and Wellbeing:

 

3.1.1       Celebrate, acknowledge and promote the City’s cultural and social diversity;

 

3.1.3       Promote health and wellbeing in the community;

 

3.1.5       Promote and provide a range of community events to bring people together and to foster a community way of life; and

 

3.1.6       Build capacity within the community for individuals and groups to meet their needs and the needs of the broader community.”

SUSTAINABILITY IMPLICATIONS:

The Kyilla P&C aims to promote environmental, economic and social sustainability through the Farmers Market by providing local businesses with the opportunity to generate revenue and awareness, by providing fresh food and produce to local residents, by introducing organic waste bins and composting of market waste, and by connecting the community through a locally focussed event.

Financial/Budget Implications:

The proposed waiver of reserve hire and waste management fees for the Farmers Market totals $13,012 per annum and $65,060 over the five-year period.

 

Comments:

Over the past five years the Farmers Market has proven to be a successful and popular community event for the North Perth and broader Vincent community.  The Farmers Market has enjoyed good attendances and received positive feedback, and ongoing engagement with local community groups and businesses has delivered important benefits to the local community.

 

The Kyilla P&C has met all approval conditions and operated the Farmers Market in a responsible and sustainable manner, and any profits have been directed back to market operations and projects/resources for Kyilla Primary School.

 

It is recommended that Council approve a Permit for the Kyilla P&C to operate the Farmers Market for a further five-year period subject to a number of conditions, including a waiver of reserve hire and waste management fees associated with use of Kyilla Park to ensure the market remains financially sustainable.

 

 

 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


Council Briefing Agenda                                                                                                      9 October 2018

 


http://vincent.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2018/10/COM_20181009_AGN_3135_AT.PDF9        Chief Executive Officer

9.1          Adoption of the Strategic Community Plan 2018 - 2028

TRIM Ref:                  D18/138173

Author:                     Rosslind Ellis, Manager Marketing and Communications

Authoriser:                Michael Quirk, Director Community Engagement

Attachments:             1.       Strategic Community Plan as advertised   

 

Recommendation:

That Council:

1.         ADOPTS the City of Vincent Strategic Community Plan 2018 – 2028;

2.         GIVES public notice pursuant to Regulation 19D of the Local Government (Administration) Regulations 1996 that the City of Vincent Strategic Community Plan 2018 – 2028 has been adopted; and 

3.         NOTES that the City of Vincent Strategic Community Plan 2018 – 2028 will be subject to further formatting and styling, as determined by the Chief Executive Officer, prior to publication.

Purpose of Report:

To adopt the City’s Strategic Community Plan 2018 – 2028 that links the community’s aspirations with Council’s strategic priorities, outcomes and actions.

Background:

The Local Government Act 1995 and Local Government (Administration) Regulations 1996 provide the statutory basis for a local government planning for the future, and the State Government Integrated Planning and Reporting Framework and Guidelines (September 2016) provide a clear process for the preparation of an integrated Strategic Community Plan.

 

The City of Vincent Strategic Community Plan 2013 – 2023 was adopted in 2013 and through the required four-year review it was identified that a new Strategic Community Plan was required to better reflect the aspirations and priorities of our local community.  The Imagine Vincent community engagement campaign commenced in June 2017 with 90 people from throughout the community asked to frame the questions that would get the right answers from our community.  During the period June to September 2017 the community was engaged through diverse initiatives including focussed meetings, social and traditional media, quick polls, surveys, pop-ups at community events, and meetings with community organisations and local businesses.  Over 4,204 thoughts and views were obtained from 1,041 people.  Following the general consultation period a Community Engagement Panel comprising 40 residents representing all demographics within our community was convened to review and discuss the ideas collected through Imagine Vincent.

 

The new City of Vincent Strategic Community Plan 2018 – 2028 (draft) was subsequently prepared by Council and Administration with a concerted focus on responding to the feedback drawn from our community.  What Council heard was that the community wants us to be an organisation that is clever, creative courageous; that is in tune with community appetites and expectations; open-minded and willing to push the boundaries and willing to think and act as an enabler rather than a traditional local government regulator.  That vision will be achieved through six key priority areas each with associated outcomes and actions:

·         Enhanced Environment – the natural environment contributes greatly to our inner-city community.  We want to protect it, making best use of our natural resources for the benefit of current and future generations.

 

·         Accessible City – we want to be a leader in making it safe, easy, environmentally friendly and enjoyable to get around Vincent.

·         Connected Community – we are a diverse, welcoming and engaged community.  We want to celebrate what makes us unique and connect with those around us to enhance our quality of life.

·         Thriving Places – our vibrant places and spaces are integral to our identity, economy and appeal.  We want to create, enhance and promote great places and spaces for everyone to enjoy.

·         Sensitive Design – design that ‘fits in’ to our neighbourhoods is important to us.  We want to see unique, high quality developments that respect our character and identify and respond to specific local circumstances.

·         Innovative & Accountable – the City of Vincent has a significant role to play in supporting our community to realise its vision.  To achieve this, we will be an innovative, honest, engaged and responsible organisation that manages resources well, communicates effectively and takes our stewardship role seriously.

At the Ordinary Meeting of Council on 24 July 2018 it was resolved:

 

“That Council:

 

1.       AUTHORISES the Chief Executive Officer to advertise the Draft Strategic Community Plan as shown in Attachment 1 for public comment for a period of 30 days inviting written submissions.

 

2.       NOTES that:

 

          2.1     The Mayor and CEO’s columns will be included following endorsement by the Council;

 

          2.2     The document will be developed into a designed document for the public consultation process;

 

2.3     Notification of the draft launch will be sent to the database of residents who participated in the Imagine Vincent consultation;

 

2.4     The video of the Imagine Vincent consultation process will be released via the City’s website and social media channels; and

 

2.5     The draft Strategic Community Plan document will be made available on the City’s Imagine Vincent consultation website.”

Details:

Advertising of the draft City of Vincent Strategic Community Plan 2018 – 2028 (Attachment 1) for public comment was undertaken between 17 August and 17 September 2018.  A total of 16 responses were received with a summary and Administration response provided below:

 

Priority Area

Topic Identified

Administration Response

Enhanced Environment

There should be a stronger focus on sustainability.

Outcomes and actions related to sustainability have been included within the Plan across both the ‘Enhanced Environment’ and ‘Sensitive Design’ priority areas

Sustainability is a theme throughout the Plan but not a specific priority area.

Noted.  The Plan includes the broader ‘Enhanced Environment’ priority area.


 

Accessible City

The general principle of accessibility and sustainable transport options is supported

Noted.

Connected Community

Concern relating to street parties and activations within the community as they contribute to noise.

The Plan includes an action within the ‘Connected Community’ priority area to support and streamline community-led opportunities in public spaces such as street parties, community gardens and verge parks. This was in direct response to community feedback received.

There is no mention of supporting volunteer organisations to provide services to the community.

While specific references are not made in the Plan the City will continue to partner with community and volunteer organisations.  It is considered that such support aligns with the outcome within the ‘Connected Community priority area to have enhanced opportunities for our community to build relationships and connections with each other and the City.

No specific mention of Seniors within the Plan.

The Plan includes an action within the ‘Connected Community’ priority area to integrate accessibility, diversity and inclusion into our operations and service delivery to meet the needs of everyone in or community.

Thriving Places

Further support required for local businesses though incentives, activation of streets and cutting red tape.

The Plan includes such actions within the ‘Thriving Places’ priority area – that we are recognised as a City that supports local and small business, and streamline systems and policies to reduce red tape barriers for businesses.

Economic development and local employment with thriving businesses is the key to having a 24 hour city.

The Plan includes such actions within the ‘Thriving Places’ priority area – encourage business growth and community interaction in smaller neighbourhood centres across the City, through inclusion in business support initiatives.

Sensitive Design

There is not protection for the historic elements of the area and this part of the appeal of the area.

 

Conserve the heritage buildings we have left.

The Plan includes an outcome within the ‘Sensitive Design’ priority area that our built form character and heritage is protected and enhanced.

Quality design is important but this must merge with the historic elements of the area.

The Plan includes an outcome within the ‘Sensitive Design’ priority area that our planning framework supports quality design, sustainable urban built form and is responsive to our community and local context.

Improved development approval processes are required.

The Plan includes an action within the ‘Sensitive Design’ priority area that we will improve design outcomes for all types of developments in the City with the support of the Design Review Panel.

 

In addition, the City’s Corporate Business Plan includes a specific action to implement electronic lodgement and assessment of development applications.

Innovative & Accountable

There was mention of accountability but no mention or focus on reducing rates.

The Plan does not specifically mention a reduction to rates, however an outcome within the ‘Innovative and Accountable’ priority area is to manage resources and assets in an efficient and sustainable manner.  This will directly influence financial planning including rate setting.

The Plan needs some specificity around how the actions will be implemented and by when to demonstrate progress

The City’s Annual Report is the key formal reporting mechanism to outline progress towards achievement of the four-year Corporate Business Plan and progress towards the achievement of outcomes within the Strategic Community Plan.

Political allegiances and aspirations should be highlighted amongst Council members as this influences decision making.

The Plan includes an action within the Innovation and Accountable’ priority area that the City will advocate on issues of importance to our community, and support two-way dialogue and provide clear pathways for community members to find information and interact.

Broader feedback is required from the community not just a selected few

The Plan includes actions within the ‘Innovative and Accountable’ priority area to involve the community in setting our strategic directions through ongoing participation, and continuously improving the City’s website and communication channels.

Safe, honest and responsible governance is paramount.

The Plan includes an outcome within the ‘Innovative and Accountable’ priority area that we are open and accountable to an engaged community.


 

General Comments

 

Very disappointed with the outcome as it is neither strategic or a Plan, and has converted community feedback into abstracts.

The Plan has been prepared based on extensive community feedback, adheres to statutory requirements, and includes specific outcomes and actions.

Concerns that flyers were not distributed to mailboxes during the Imagine Vincent campaign.

During the Imagine Vincent campaign a wide range of consultation techniques were used including postcards to all residents.  Some of techniques used are summarised within ‘Background’ and ‘Consultation/Advertising’ sections of this Report.

Good community engagement and good to have a limited number of actions to they are achievable.

Noted.

Concerns that saying ‘yes’ in the vision statement is too risky

The Plan includes the vision created by the Community Engagement Panel which was their interpretation of what our community wants for the future of Vincent.  Although the Plan also includes Council’s interpretation of the ideas and feedback received from our community, and the Panel’s resulting vision statement.

 

No amendments to Strategic Community Plan are proposed based on the submissions received during the public comment period. 

 

Some of the comments received related specifically to the concerns regarding Council’s revised Street Trees Policy and the proposed 40kph Are Wide Speed Zone Trial, and were not deemed relevant to the Strategic Community Plan.  These comments will be addressed separately with the submitter noting that community feedback has recently been sought in regards to Council Policy No. 2.1.2 – Street Trees and the proposed 40kph Area Wide Speed Zone Trial.

Consultation/Advertising:

Consultation on the City of Vincent Strategic Community Plan 2018 – 2028 (draft) was undertaken between 17 August and 17 September 2018.  The community was notified of the public comment period through the following:

 

·         News item on the City of Vincent website on 22 August 2018

·         Public notices in local community newspapers on 28 August 2018

·         Emails to all residents that registered on the Imagine Vincent EHQ site

·         Information within the City of Vincent e-newsletter in August 2018

·         Information within the City of Vincent Budget News sent to all residents and businesses their with Rates Notice (prior to the public comment period)

·         16 x posts on the City’s social media channels throughout August and September 2018

·         Distribution of 2,000 postcards and posters throughout the Vincent Library & Local History Centre, Beatty Park Leisure Centre, and Administration & Civic Centre as well as several local businesses

 

Given the extensive consultation methods used during the public comment period, and limited number of submissions received, it is considered that the Strategic Plan effectively responds to the community feedback and inputs received during the Imagine Vincent community engagement campaign. 


 

Legal/Policy:

Section 5.56 of the Local Government Act 1995 requires a local government to plan for the future of the district and Regulation 19C of the Local Government (Administration) Regulations 1996 sets out a number of requirements for a Strategic Community Plan.  Preparation and adoption of the City of Vincent Strategic Community Plan 2018 – 2028 adheres to these statutory requirements.

 

Regulation 19D of the Local Government (Administration) Regulations 1996 requires a local government to give public notice after adoption of a Strategic Community Plan notifying the community that the Plan has been adopted and providing details of where and when the Plan may be inspected.

Risk Management Implications:

Low             The City of Vincent Strategic Community Plan 2018 – 2028 has been prepared based upon information gathered through the comprehensive Imagine Vincent community engagement campaign.   Preparation and adoption of the Plan adheres to the statutory requirements as identified within the Local Government Act 1995 and Local Government (Administration) Regulations 1996.

Strategic Implications:

The City of Vincent Strategic Community Plan 2018 – 2028 includes six key priorities with associated outcomes and actions, and will now provide the basis for Council’s overall strategic direction.  This Plan supersedes the City of Vincent Strategic Community Plan 2013 – 2017.

SUSTAINABILITY IMPLICATIONS:

Nil

Financial/Budget Implications:

Upon adoption the City of Vincent Strategic Community Plan 2018 – 2028 will be established as Council’s principal strategy and planning document which will guide the Corporate Business Plan, Long Term Financial Plan, Annual Budget, and Specific Supporting Strategies.  This Integrated Planning and Reporting Framework will ensure that financial commitments are both strategically aligned and affordable.

Comments:

The City of Vincent Strategic Community Plan 2018 – 2028 has been prepared by Council and Administration based upon the comprehensive, meaningful feedback obtained from the local community through Imagine Vincent.  The Plan establishes a vision for Vincent’s future and will drive our planning, budgeting, resource allocation and service delivery over the next decade.  It is recommended that the Strategic Community Plan now be adopted as the principal strategy and planning document within the City’s Integrated Planning and Reporting Framework.

 

 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council Briefing Agenda                                                                                     9 October 2018

9.2          Information Bulletin

TRIM Ref:                  D17/177331

Author:                     Emma Simmons, Governance and Council Support Officer

Authoriser:                Len Kosova, Chief Executive Officer

Attachments:             1.       Minutes of the Design Review Panel Meeting held on 5 September 2018

2.       Minutes of the Mindarie Regional Council Meeting held on 6 September 2018

3.       Minutes of the Arts Advisory Group Meeting held on 6 September 2018

4.       Minutes of the Design Review Panel Meeting held on 19 September 2018

5.       Monthly Street Tree Removal Information

6.       Statistics for Development Applications as at end of September 2018

7.       Register of Legal Action and Prosecutions Register Monthly - Confidential  

8.       Register of State Administrative Tribunal (SAT) Appeals – Progress Report as at 20 September 2018

9.       Register of Applications Referred to the MetroWest Development Assessment Panel – Current

10.     Register of Applications Referred to the Design Review Panel – Current

11.     Register of Petitions - Progress Report - October 2018

12.     Register of Notices of Motion - Progress Report - October 2018

13.     Register of Reports to be Actioned - Progress Report - October 2018  

 

Recommendation:

That Council RECEIVES the Information Bulletin dated October 2018.

 

 

 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


 


 


http://vincent.infocouncil.biz/Open/2018/10/COM_20181009_AGN_3135_AT.PDF


 


 


 


 


 


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                                      9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                                      9 October 2018


 


 


Council Briefing Agenda                                                                                                      9 October 2018


Council Briefing Agenda                                                                                                      9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


Council Briefing Agenda                                                                                       9 October 2018


 


 


 


 


 

 


Council Briefing Agenda                                                                                     9 October 2018

10          Motions of Which Previous Notice Has Been Given

Nil

 

11          Representation on Committees and Public Bodies

 

12          Closure