AGENDA

 

 

Ordinary Council Meeting

 

16 October 2018

 

Time:

6pm

Location:

Administration and Civic Centre

244 Vincent Street, Leederville

 

 

 

 

Michael Quirk

A/Chief Executive Officer

 


Ordinary Council Meeting Agenda                                                                  16 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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

Order Of Business

 

1          Declaration of Opening / Acknowledgement of Country. 7

2          Apologies / Members on Leave of Absence. 7

3          (A) Public Question Time and Receiving of Public Statements. 7

(B) Response to Previous Public Questions Taken On Notice. 7

4          Applications for Leave of Absence. 7

5          The Receiving of Petitions, Deputations and Presentations. 7

6          Confirmation of Minutes. 7

7          Announcements by the Presiding Member (Without Discussion) 7

8          Declarations of Interest 7

9          Development Services. 8

9.1             No. 14 (Lot 1; SP: 12592) Orange Avenue, Perth - Second Storey Addition and Alterations to Grouped Dwelling. 8

9.2             No. 48 (Lot 5; D/P: 14389) Egina Street, Mount Hawthorn - Two Grouped Dwellings. 13

9.3             No. 5/216 (Lot: 5; STR: 48057) Stirling Street, Perth - Amendment to Approval for Change of Use from Office to Shop. 20

9.4             No. 33 (Lot: 421 D/P: 301706) Church Street, Perth - Proposed Amendment to Conditions of Approval: Office and Unlisted Use (Community Service) 25

9.5             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) 30

9.6             No. 162 (Lot: 4; D/P: 62324) Oxford Street, Leederville - Amendment to Approval for Hours of Operation and Patron Numbers for Small Bar 37

9.7             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. 44

9.8             Integrated Transport Plan - Appointment of a Successful Tenderer 47

9.9             Relocation of the Leederville Town Centre Taxi Zone. 51

9.10           Amendment No. 2 to Local Planning Scheme No. 2. 55

10        Engineering. 58

10.1           Proposed 40km/h Area Wide Speed Zone Trial - Results of Consultation. 58

10.2           Minor Parking Restriction Improvements/Amendments. 63

11        Corporate Services. 67

11.1           Investment Report as at 30 September 2018. 67

11.2           Authorisation of Expenditure for the Period 22 August 2018 to  18 September 2018. 71

11.3           Financial Statements as at 31 August 2018. 74

11.4           Financial Statements as at 30 September 2018. 81

11.5           Variation of Leederville Tennis Club and North Perth Tennis Club leases to enable return of funds held in City's reserve accounts to clubs. 87

11.6           City of Vincent Statutory Review of Wards and Representation. 92

11.7           Reallocation of 2018/19 Budget Funds - Leederville Town Centre Shared Space [ABSOLUTE MAJORITY DECISION REQUIRED] 95

12        Community Engagement 98

12.1           Management of Services at Weld Square for People Experiencing Homelessness. 98

12.2           Kyilla Community Farmers Market - Permit Approval and Waiver of Fees [ABSOLUTE MAJORITY DECISION REQUIRED] 106

13        Chief Executive Officer 112

13.1           Adoption of the City of Vincent Strategic Community Plan 2018 - 2028 [ABSOLUTE MAJORITY DECISION REQUIRED] 112

13.2           Information Bulletin. 118

14        Motions of Which Previous Notice Has Been Given. 119

Nil

15        Questions by Members of Which Due Notice Has Been Given (Without Discussion) 119

Nil

16        Representation on Committees and Public Bodies. 119

17        Urgent Business. 119

Nil

18        Confidential Items/Matters For Which The Meeting May Be Closed. 119

18.1           Declaration of Secondary Employment - Chief Executive Officer 119

19        Closure. 119

 

 


1            Declaration of Opening / Acknowledgement of Country

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

2            Apologies / Members on Leave of Absence

Nil

3            (A)         Public Question Time and Receiving of Public Statements

  (B)                  Response to Previous Public Questions Taken On Notice

4            Applications for Leave of Absence

5            The Receiving of Petitions, Deputations and Presentations

6            Confirmation of Minutes

Ordinary Meeting - 18 September 2018

7            Announcements by the Presiding Member (Without Discussion)

8            Declarations of Interest


Ordinary Council Meeting Agenda                                                                  16 October 2018

9            Development Services

9.1          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 7 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 EXISTING 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 palette.

 

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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.2          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 palette 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

4.5m

 

Southern Dwelling

4.4m

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 northern 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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.3          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 amend 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. In approving that application, Council granted a parking variation of 0.6 bays across the commercial uses of the site, which effectively equates to a 0.08 bay variation for the subject tenancy.

 

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 amend the cash-in-lieu contribution condition, to reduce the cash-in-lieu contribution amount from $13,176 to $5,400. 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. This is because six square metres of the total floor area comprises a tea room and toilet that do not contribute to NLA as defined in the Non-Residential Development Parking Requirements Policy.

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 amendment of cash-in-lieu payment from $13,176 which is the equivalent of 2.44 car parking bays to $5,400 which is the equivalent of one car parking bay.

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 amend Condition 4 as proposed by the applicant, the City will receive an amount of $5,400 in lieu of the recommended $11,880 that will 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 reduced to the equivalent of one car parking bay, being $5,400. 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 over the entire peak trading day being Saturday during the summer months is 13 persons. This is inclusive of ten clients over the course of the day, 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 20 percent

97 70 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 intended 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. although the applicant has expressed a willingness to provide bicycle parking facilities, if required.

 

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 an amendment to Condition 4 to reduce the cash-in-lieu contribution to $5,400, which is the equivalent of one car parking bay due to proximity to 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 require the cash‑in‑lieu contribution for the shortfall of car parking facilities, at a total cost of $11,880.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.4          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 mix 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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.5          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

means 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 amenity impacts associated with the Short Term Dwelling prior to the advertising of the development application. The only complaint received related to issues of commercial competition.

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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.6          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 Amani 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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.7          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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.8          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.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.9          Relocation of the Leederville Town Centre Taxi Zone

TRIM Ref:                  D18/125458

Author:                     Rana Murad, Place Manager

Authoriser:                Luke Gibson, A/Director Development Services

Attachments:             1.       Attachment 1 - Changes to location of existing Taxi Zone and Pick-up/Set-down Bays in Leederville Town Centre as approved by Council on 19 September 2017  

2.       Attachment 2 - Summary of Survey Results  

3.       Attachment 3 - Summary of Submissions and Administration's Response  

4.       Attachment 4 - Proposed Pick-up/Set-down Bays in Leederville Town Centre   

 

Recommendation:

That Council:

1.       ADOPTS BY ABSOLUTE MAJORITY the changes to the parking restrictions shown in Attachment 4, in accordance with Clause 1.8 of the City of Vincent Parking and Parking Facilities Local Law; and

2.       NOTES:

2.1     The relocation of the Leederville Taxi Zone to be adjacent to No. 666 Newcastle Street and the pick-up/set-down bays as shown in Attachment 4;

2.2     The continuation of the outdoor eating area adjacent to the Leederville Hotel; in accordance with the City’s Trading in Public Places Local Law 2008;

2.3     That the continuation of the outdoor eating area adjacent to the Leederville Hotel will require separate approval under the City’s Trading in Public Places Local Law 2008 and that approval will be issued in accordance with existing delegations; and That the all subsequent approvals for the outdoor eating area adjacent to the Leederville Hotel will be issued through the City’s online system; and

2.4     The results of the survey undertaken by Administration and the community feedback received and Administration’s comments on this feedback, as shown in Attachments 2 and 3, respectively.

 

Purpose of Report:

To consider the permanent location for the Leederville Taxi Zone and to consider the results of the community consultation relating to Ride Share within the Leederville Town Centre.

Background:

On 19 September 2017, Council resolved to support a trial of the following:

 

·       relocation of the Leederville Taxi Zone from outside of the Leederville Hotel located at No. 742 Newcastle Street, to No. 666 Newcastle Street;

·       Ride Share pick-up/set-down locations throughout the Leederville Town Centre as shown in Attachment 1;

·       A public alfresco area in part of the existing Leederville Taxi Zone outside of the Leederville Hotel.

 

In February 2018, these works were completed.

 

In September 2018, Administration undertook consultation on the trial to understand the community’s views on the:

·       Need for a Taxi Zone in the Leederville Town Centre;

·       Impact and performance of the relocated Taxi Zone and Ride Share pick-up/set-down locations during the trial; and

·       Future use and design of the existing Leederville Taxi Zone area.

 

This process is now complete and the matter is presented to Council for consideration.

Details:

Administration received a total of 18 submissions during the consultation period which raised three key considerations. The survey results and a summary of submissions and Administration’s response are included as Attachment 2 and Attachment 3 respectively. The three key considerations are summarised below:

 

1.       Taxi Zone Relocation

 

The Taxi Zone was historically located outside of the Leederville Hotel however, in February 2018 the City relocated it to be adjacent No. 666 Newcastle Street. The owners of the Leederville Hotel site subsequently provided temporary furniture and created a public alfresco which is licensed but is available for public use.

 

The results of the community consultation are as follows:

 

·      83.3 percent of the respondents (15) believe that the relocation of the Taxi Zone has been positive for the Leederville Town Centre.

·      66.7 percent of respondents (12) believe that the designated Taxi Zone should remain in its current location outside of No. 666 Newcastle Street.

·      83.3 percent of respondents (15) believe that the current public alfresco should remain.

 

In considering the continuation of the Taxi Zone adjacent to 666 Newcastle Street, the following is relevant:

 

·       The area is remains to be accessible by Taxi users and drivers however, is located away from major intersections and therefore presents there are negligible issues relating to queuing and traffic congestion;

·       The lighting, activity and surveillance of the area make it a safe location for Taxi drivers and users;

·       The location is remains to be in direct line of sight from the former Taxi Zone, reducing the risk of taxis continuing to park outside the former Taxi Zone or users not being aware of the new location; and

·       The works associated with the relocation of the Taxi Zone have already been undertaken and therefore, there will be no further disturbances to the users of the Taxi Zone.

 

Based on the above, the current (trial) location of the Taxi Zone is considered to be appropriate and it is recommended that the long-term location of the Taxi Zone remains to be outside of No. 666 Newcastle Street.

 

2.       Ride Share Management

 

The City implemented pick-up/set-down bays throughout the Leederville Town Centre to formalise a management approach for Ride Share within the precinct. It was indicated to the City by Uber that the Newcastle Street and Oxford Street intersection was the most popular location for pick-up/set-down. Given the existing busy nature of this intersection the pick-up/set-down bays aim to manage pick-up/set-down of patrons throughout the Town Centre to ensure that traffic conflict and congestion is minimised.

 

Administration has been liaising with Uber for several months, seeking to negotiate and enter into an agreement for the funding and installation of ride share totems in the designated pick-up/set-down bays throughout the Town Centre, in accordance with Council’s 19 September 2017 resolution. Uber has indicated that it is not prepared to fund the ride share totems unless they are for the exclusive use of Uber at least six months; during which time other ride share companies would not be permitted to use them. It is not considered appropriate to install infrastructure on the verge that is for the exclusive use of one individual organisation and therefore, Administration has not been able to enter into an agreement with Uber to install Ride Share totems at the designated pick-up/set-down pick-up/set-down locations in the Town Centre.

 

Throughout the community consultation it was evident that the submitters supported Ride Share throughout the Town Centre however, it was also identified that the current signs are an unclear and therefore, the pick‑up/set-down areas are being underutilised. Given that the notion of Ride Share is largely supported by the community, it is considered that additional signage can be provided to ensure that the pick-up/set-down bays are clearly identifiable. Further, Administration is able to communicate this to Ride Share operators to allow for the use of the bays.

 

It is proposed to amend some of the existing pick-up/set-down bays as follows:

 

·       Relocate the Vincent Street bay further east on Vincent Street to allow for better vehicle movement in peak periods and change the bay to the west back to what it was before the trial. The relocation of this bay will minimise any confusion between the no stopping bays and the pick-up/set-down bays along Newcastle Street

·       Relocate the pick-up/set-down bay on Oxford Street to the other side in place of a paid parking bay and change the bay on the west side of Oxford Street back to what it was before the trial. The relocation of this bay will ensure that there is no conflict with the loading zone on the western side of Oxford Street.

·       Change the hours of pick-up/set-down bay on Oxford Street outside of the Luna Cinema and on Newcastle Street from 8:00pm to 8:00am to all day. These bays were identified as having the opportunity of all day pick-up/set-down as no other parking restrictions apply.

 

The proposed locations of the pick-up/set-down bays are shown in Attachment 4.

 

3.       Public Alfresco

 

The public alfresco in front of the Leederville Hotel has been in place since February 2018 and on 1 May 2018 Council resolved to extend the permit to conduct an outdoor eating area in the public alfresco area until 16 October 2018.

 

The public alfresco in front of the Leederville Hotel has been an important component of the Taxi Zone relocation trial as it provides a physical barrier to prevent taxis from stopping in the previous taxi rank space and ensures that members of the public are aware that the Taxi Zone is no longer situated outside of the Leederville Hotel. The public alfresco has allowed for greater activation of the space on Newcastle Street, and as can be seen from the community consultation, has been well received by the community. The additional seating, shade and greenery as a result from the public alfresco is considered to assist in the activation of the Leederville Town Centre and is supported.  All subsequent determinations in relation to this public alfresco will be issued in accordance with the City’s relevant local laws and delegations.

 

The City has established an online system for the issuing of permits for outdoor eating facilities and therefore, formal Council approval for these areas is not required.

Consultation/Advertising:

Community consultation was undertaken for a period of two weeks commencing on 7 September 2018 until 21 September 2018 by means of:

 

·       Letters to all residents, landowners and businesses within a 500 metre radius of the Taxi Zone location, in accordance with Council’s resolution dated 19 September 2017;

·       E-mail correspondence sent to ride share providers and taxi companies;

·       Notice and online survey on the City’s Imagine Vincent website;

·       Social media updated; and

·       In person discussions with local business owners.

Legal/Policy:

Clause 1.8 of the City’s Parking and Parking Facilities Local Law requires regulations or prohibitions to vehicle parking to be determined via a resolution of Council.

 

Division 3 – Outdoor Eating Areas of the City’s Trading in Public Places Local Law 2008 requires a person to hold a valid permit prior to conducting or establishing an outdoor eating area.

Risk Management Implications:

Low:    It is considered low risk for Council to modify the existing parking restrictions.

Strategic Implications:

This project is consistent with the following Council Priorities in the Corporate Business Plan 2018/19 – 2021/22:

 

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

 

“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.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The cost for updated ride share signage will be met through the existing capital budget.

Comments:

Relocation of Taxi Zone

 

The community consultation undertaken by Administration has shown that the majority of respondents support the location of the Leederville Taxi Zone being outside of 666 Newcastle Street and that Ride Share is largely supported in the Town Centre.

 

The location of the Leederville Taxi Zone outside of No. 666 Newcastle Street ensures that issues relating to queuing and illegal parking are mitigated and is accessible by Taxi drivers and users as it is in direct line of sight from the former location. The public alfresco allows for greater activation of this space and it is recommended that all subsequent determinations in relation to this public alfresco will be issued in accordance with the City’s relevant local laws and delegations. that the permit for the use of the space as an outdoor eating area is done so through the City’s online system.

 

Ride Share is largely supported in the Town Centre however, it is considered that additional signage is required to ensure that the designated pick-up/set-down bays are understood by Ride Share operators and users. Administration will continue to have discussions with Ride Share operators and the community to make them aware of the pick-up/set-down bays and facilitate greater use of these bays.

 

Proposed Leederville Town Centre Shared Space

 

As identified in the City’s Annual Budget a total of $150,000 has been identified for streetscapes improvement for the Oxford Street and Newcastle Street intersection. In consulting with Leederville Connect it is proposed to develop a shared space on Newcastle Street that will incorporate at-grade paving of a portion of Newcastle Street to allow for a pedestrian friendly environment and enhance walkability in this Town Centre. These works will be complementary to the public alfresco.

 

The shared space project is subject to further detailed design and community consultation and does not form part of this report or the recommendation.

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

9.10        Amendment No. 2 to Local Planning Scheme No. 2

TRIM Ref:                  D18/104162

Author:                     Stephen Schreck, Strategic Planning Officer

Authoriser:                Luke Gibson, A/Director Development Services

Attachments:             1.       Attachment 1 - Amended Scheme Map   

 

Recommendation:

That Council:

1.       PREPARES Amendment 2 to Local Planning Scheme No. 2 included as Attachment 1, pursuant to Section 75 of the Planning and Development Act 2005;

2.       CONSIDERS Amendment 2 to Local Planning Scheme No. 2 as a basic amendment under Section 34 of the Planning and Development (Local Planning Schemes) Regulations 2015.

3.       FORWARDS Amendment 2 to Local Planning Scheme No. 2 to the:

3.1     Environmental Protection Authority pursuant to Section 81 of the Planning and Development Act 2005; and

3.2     Western Australian Planning Commission within 21 days, pursuant to Section 58 of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Purpose of Report:

To consider the proposed amendment to Local Planning Scheme No. 2 (LPS2) to recode No. 15 Wasley Street, Mount Lawley and No. 24 Wasley Street, Mount Lawley from R40 to R35.

Background:

The City’s (former) Town Planning Scheme No. 1 (TPS1) came into effect in 1998 and included Clause 20(4)(d)(ii) which served to limit development in the Norfolk Precinct to a maximum of two dwellings per lot. LPS2 came into effect on 16 May 2018 and included Clause 26(6) which continued to limit development to a maximum of two dwellings per lot on land coded R40 in the area bounded by Beaufort Street, Fitzgerald Street, Vincent Street and Walcott Street.

 

It is understood that the intent of these provisions was to retain the predominately low-density, single-storey residential development pattern in the area, by permitting and encouraging infill development in the form of subdivision to the rear of the existing dwelling and to discourage greater levels of development in the form of Multiple Dwellings. The City’s Local Planning Strategy and LPS2 broadly aim to concentrate higher density development on the City’s major urban transport corridors, in the City’s town centre and near public transport infrastructure while maintaining and protecting the low to medium density development in established residential suburbs.

 

Despite both the provisions in TPS1 and LPS2, there are a number of properties in the area that have existing development with more than two dwellings per lot. There are a number of reasons for this, including:

 

1.       The definition of a lot in the (former) Town Planning and Development Act 1928 included survey strata lots and therefore, until mid-2006, there was no impediment to approving more than two dwellings where the land had already been subdivided in survey strata lots.

2.       On various occasions, the City used Clause 40 of former TPS1 to vary the relevant scheme provision.

3.       On various occasions, Clause 20(4)(d)(ii) of former TPS1 was not referenced or acknowledged during the approval process.

4.       Lots were subdivided into green titles allowing two dwellings to be built on each of the newly created green title lots.

 

In 2016, a three lot survey strata subdivision was approved over No. 15 Wasley Street, Mount Lawley. This survey strata subdivision retained the original house (Strata Lot 1), and created two additional survey strata lots to the rear (Strata Lots 2 and 3). These were sold to separate parties and in January 2018, development approval was granted for one Grouped Dwelling at No. 15B (Strata Lot 3) Wasley Street, Mount Lawley.

 

In September 2018, the City received an application for one Grouped Dwelling at No. 15A (Strata Lot 2) Wasley Street. In assessing the application against Clause 26(6) of LPS2, the City identified that this development would result in three dwellings being developed on the parent lot.

 

The City obtained legal advice on the matter which confirmed that the definition of a Lot in the Planning and Development Act 2005 does not include a Survey Strata Lot and that for the purposes of Grouped Dwellings, the Lot is the ‘parent lot’, inclusive of all Survey Strata Lots and associated common property. Given the definition of a Lot, Clause 26(6) of LPS2 renders the City unable to approve more than two dwellings on a Parent Lot and is therefore unable to approve the third dwelling being proposed at No. 15A (Strata Lot 2) Wasley Street.

 

In further investigating this issue, Administration identified one other property (No. 24 Wasley Street, Mount Lawley) which has subdivision approval for a three lot strata subdivision with an application for titles having been lodged with Landgate. This subdivision will present the same issue as No. 15 Wasley Street where the third dwelling will not be able to be approved due to the restriction provided by Clause 26(6).

Details:

To address this issue, LPS2 is able to be amended to allow dwellings to be built on the existing lots at No. 15A (Strata Lot 2) Wasley Street and all three survey strata lots proposed for No. 24 Wasley Street. The City has investigated a number of potential options to amend LPS2 and it is recommended that the Parent Lots for No. 15 and No. 24 Wasley Street be recoded from R40 to R35. This would mean that Clause 26(6), which applies the two dwelling restriction only to lots Coded R40, would no longer apply to those sites.

 

The proposed recoding to R35 would have minimal impact on the scale of development in the area whilst allowing the City to approve dwellings on the lots that have been created or are in the process of being created. All of the existing and imminent survey strata lots on both sites meet the minimum site area requirements for R35 and there is minimal difference in the requirements of Table 1 of the R Codes between R40 and R35. In addition, R35 is considered appropriate to meet the intent of the City’s Local Planning Strategy.

 

Under the Planning and Development (Local Planning Schemes) Regulations 2015, Council is required to consider whether the amendment is basic, standard of complex. In this regard, the proposed amendment is considered basic, for the following reasons:

 

·       Pursuant to Clause 34(b), the proposed amendment is an amendment to the Scheme to ensure that it is consistent with another provision of the Scheme. Clause 16 of LPS2 sets out the objectives of the Residential Zone which includes to provide for a range of housing. In this instance the objective of the Residential Zone is to facilitate residential development and the proposed amendment will allow appropriate residential development on the existing survey strata lot. In this regard, in facilitating the creation of the survey strata lot via the subdivision process, the WAPC would reasonably expect that the lot would be able to accommodate a dwelling.

 

·       Pursuant to Clause 34(e), the proposed amendment will amend LPS2 to be consistent with State Planning Policy 3.1 – Residential Design Codes. It is generally accepted that the purpose of the R Codes is to facilitate the development of appropriate residential housing, including on Survey Strata Lots that were created for that explicit purpose. This amendment will allow the created Survey Strata Lot at No. 15 Wasley Street and the imminent Survey Strata Lots at No. 24 Wasley Street to accommodate dwellings and is therefore consistent with the intent of SPP 3.1.

 

·       Pursuant to Clause 34(i), the proposed amendment is an amendment to the Scheme so that it is consistent with a region planning scheme that applies to the scheme area that will have minimal effect on the Scheme or landowners in the Scheme area. The subject lots are currently zoned Urban in the Metropolitan Region Scheme to allow for residential development. The proposed amendment will align the planning framework to allow residential development consistent with the Urban Zone in the MRS. Further to this, the proposed amendment will have minimal effect on the Scheme or landowners in the Scheme area as only four landowners are affected by the amendment and the development that would be permitted as a result of the amendment is consistent with the scale of development in the broader area and with what could be reasonably expected to occur on a recently created survey strata lot.

Consultation/Advertising:

This amendment is considered to be a basic amendment and does not require advertising under the Planning and Development (Local Planning Schemes) Regulations 2015.

Legal/Policy:

If Council resolves to prepare the Amendment, the City will forward the Amendment Documentation to the Environmental Protection Authority (EPA) for its consideration under Section 81 of the Planning and Development Act 2005. Once the EPA is satisfied there are no environmental concerns, the City will forward the Amendment Documentation to the Department of Planning, Lands and Heritage for endorsement by the Western Australian Planning Commission and the Minister for Planning, pursuant to Section 63 of the Regulations.

Risk Management Implications:

It is considered low risk for Council to initiate the proposed amendment.

Strategic Implications:

The City’s Corporate Business Plan 2018/19 – 2022/23 states:

 

“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 identity and respond to specific local circumstances”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

The proposed amendment to the Scheme is intended to allow the approval of dwellings on existing Survey Strata Lots at Nos. 15 and 24 Wasley Street, Mount Lawley. It is recommended that Council prepares Amendment 2 to LPS2 to recode those lots from R40 to R35.

  


Ordinary Council Meeting Agenda                                                                  16 October 2018

10          Engineering

10.1        Proposed 40km/h Area Wide Speed Zone Trial - Results of Consultation

TRIM Ref:                  D18/113815

Author:                     Francois Sauzier, Active Transport Officer

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Results Summary  

2.       Consultation Leaflet with Area Map  

3.       Survey 1  

4.       Survey 2  

5.       Summary of Submissions   

 

Recommendation:

That Council:

1.       NOTES the results of the Community Consultation as summarised in Attachment 1;

2.       AUTHORISES the Director Engineering to progress the implementation of a 40km/h Speed Zone Trial in the southern half of the City of Vincent as shown in Attachment 2; and

3.       ADVISES the respondents of the outcome.

 

Purpose of Report:

To consider the results of the community consultation, specifically targeting residents of the City, to determine the Vincent community’s appetite for the implementation of a 40km/h Speed Zone Trial in the southern portion of the City for the residential streets in the area bounded by Charles, Vincent, Beaufort, and Walcott Streets, Guildford Road, Stanley and Mitchell Streets, Graham Farmer Freeway and Newcastle Street.

Background:

Ordinary Meeting of Council 31 May 2016

1.          

Council considered a report on a proposed 40km/h area wide speed zone trial in all of the residential streets in the area bounded by Charles, Vincent, Beaufort, and Walcott Streets, Guildford Road, Stanley and Mitchell Streets, Graham Farmer Freeway and Newcastle Street.

2.          

3.         Following consideration of the report Council made the following decision:

 

4.         “That Council:

5.            

1.       ADVISES Main Roads WA and the Commissioner of Road Safety that it supports, in principle, undertaking a 40km/h km/h Area Wide Speed Zone Trial in the area bounded by Charles Street, Vincent Street, Beaufort Street, Walcott Street, Guildford Road, Stanley Street and Mitchell Street, as shown in Attachment 1, subject to the State Government, through Main Roads WA, the Office of Road Safety, or other relevant State Agency or Agencies;

 

1.1     partnering with the City of Vincent to undertake community consultation with residents and ratepayers in the affected, area, in accordance with the City’s Consultation Policy, for a minimum period of four weeks;

 

1.2     advertising the proposal to conduct a trial, including the lowering of the existing school zones from 40km/h km/h to 30kph within the trial area;

 

1.3     bearing, or substantially contributing to the funding of all works associated with the consultation, design and, if approved, implementation of the trial;

 

1.4     providing a report, to Council, at the conclusion of the consultation period outlining the comments received and recommendations thereon; and

 

1.5     should the trial proceed, undertaking a formal independent assessment/review of its effectiveness; and

 

2.       NOTES that a further report will be presented, to Council on this matter, once a formal response to recommendation 1, has been received.”

 

Ordinary Meeting of Council 23 August 2016

 

Council considered Progress Report No. 2 and made the following decision:

 

“That Council:

 

1.       NOTES the:

 

1.1     Responses received from both Main Roads WA and the Road Safety Commission to Council’s decision of 31 May 2016, as contained in the report; and

 

1.2     Funds allocated in the 2016/17 Budget of $150,000, for the installation of 40km/h km/h signs/poles, includes a 50% contribution from Main Roads WA which, they have indicated, they will not provide;

 

2.       AUTHORISES the Chief Executive Officer to liaise with Main Roads WA, the Road Safety Commission and other relevant agencies/organisations to:

 

2.1     Prepare a consultation pack to be sent to residents / businesses in the area bounded by Charles, Vincent, Beaufort and Walcott Streets, Guildford Road, Stanley and Mitchell Streets, by no later than 30 November 2016, seeking their views on undertaking a 40km/h km/h Area Wide Speed Zone Trial in streets as shown in Attachment 1; and

 

2.2     Clearly define each agency/organisation’s roles, responsibilities, costs, outcomes and deliverables in undertaking a proposed 40km/h km/h Area Wide Speed Zone Trial; and

 

3.       RECEIVES a further report at the conclusion of the advertising period.”

Details:

The City’s Administration prepared a consultation engagement plan, which prioritised the use of the City’s engagement portal (EHQ), as recently used in the successful IMAGINE Vincent campaign.

 

Consultation Package

 

A consultation leaflet was prepared which provided some background information on the proposed 40km/h Speed Zone Trial, including a map of the proposed trial zone, and directing all respondents to an online survey.  Hard copies for the survey were also made available over the counter of the City’s Administration and Civic Centre while the Customer Service staff were also able to take survey responses over the phone if required.

 

The consultation leaflet can be viewed in Attachment 2.

 

14,000 consultation leaflets were printed with 8000 hand delivered to households in the affected areas; a further 4,500 were mailed to absentee property owners and businesses with the balance available from the City’s facilities including Beatty Park Leisure Centre, City of Vincent Administration and Civic Centre and the Library and Local History Centre.

 

Survey

 

An initial survey was prepared and launched (Survey 1 Attachment 3) on 2 August 2018, with 74 responses received.

 

An additional number of questions and options were subsequently added (Survey 2 Attachment 4) on 8 August 2018, to which 318 responses were received.  To ensure that those who had responded to the initial survey were keep fully informed all respondents (to Survey 1) were emailed advising of the additional questions so as to provide them with the opportunity to respond to Survey 2.  Nine of the original respondents then added additional information.

 

The survey formally closed at 5pm on Wednesday 5 September 2018 and all survey responses from Survey 1 and 2 collated.

Survey Results

 

All responses have now been collated with a total of 392 responses being received. 385 (98.2%) of all respondents claim to either live, work or own property in Vincent.

 

All Areas

 

When asked if they support a reduction in speed limit on residential neighbourhood streets, within the trial area, to 40km/h, 225 respondents (57.4%) said YES and 167 respondents (42.6%) NO.

 

When asked what would be the preferred speed limit on residential neighbourhood streets across Vincent, 148 respondents (45.3%) advised they would prefer 40km/h; 126 (38.5%) saw no need to change (retain the default 50km/h limit) and 53 (16.2%) nominated 30km/h as their preferred speed limit.

 

Within the Trial Area

 

298 (76%) of all respondents live or own property within the proposed trial area. Of these respondents, 169 (57%) supported the trial and 129 (43%) did not.

 

For those who support the trial, respondents were asked to nominate from a list of concerns. In order of concern:

 

Number

Concerns

213

safer streets for all road users

154

enhance the neighbourhood feel of our suburbs

132

deter people taking short cuts through residential streets

127

reduction in likelihood of trauma in a road accident

101

more likely for children to walk or ride to school

98

environmental benefits of less noise and fuel consumption

82

more likely to walk or ride than take the car

14

other

 

For those who do not support the trial, respondents were asked to nominate from a list of concerns. In order of concern:

 

Number

Concerns

145

speed limit on local roads is appropriate

64

impact on traffic flow

51

drivers should adhere to current speed limit

51

other

23

concerns over lack of enforcement

14

would prefer speed humps or traffic calming be installed

 

Respondents were asked to rank from 1-5 the following measures to improve safety and amenity of residential streets:

 

Number

Item

Rank / Score

out of 5

1

Speed humps or other traffic calming measures

3.39

2

Greater police enforcement

3.30

3

Increase and improve signposting of speed limits

3.21

4

Lower speed limit of residential streets

2.61

5

Better cycling and pedestrian infrastructure

2.37

 

Summary of Submissions

 

A summary of submissions made by respondents is attached (Attachment 5).

 

Of those who support the trial, the comments included:

 

-     Extend to other areas of Vincent;

-     Reduce the carriageway widths of some streets and include cycle lanes if possible;

-     There are many narrow streets in Vincent where people do speed;

-     Car noise is reduced when traffic speed is slower.

 

Of those who do not support the trial, the comments included:

 

-     A waste of rate payers money;

-     Won’t address the issue;

-     More Police enforcement is necessary;

-     Real issue is inattentiveness of all users.

 

Respondents were also asked if there were other traffic issues. Comments included:

 

-     There are no issues;

-     Provide more safe crossing points on main roads;

-     Slowing traffic on main arteries (i.e. Bulwer Street) will cause frustration and road rage;

-     Increase ranger patrols and fine people parking on pavements;

-     Traffic calming seems ad-hoc;

-     Focus more on maintenance.

 

The Next Phase – Establishment of a Reference Group

 

If the Council decision is that the trial should proceed, a key recommendation from the Road Safety Commission is the establishment of a Reference Group, consisting of representatives of the following key stakeholders involved in Road Safety in Western Australia:

 

-     Road Safety Commission;

-     Main Roads Western Australia;

-     Department of Fire and Emergency Services;

-     Western Australian Local Government Association;

-     Department of Transport;

-     Western Australian Police Service; and

-     Royal Automobile Club WA

 

Monash University Accident Research Centre (MUARC)

 

In addition to the above it is the Road Safety Commission’s intention to engage MUARC to undertake an accredited research project of the trial to ensure that the reporting of the results is of a standard so that any data and recommendations can be applied with confidence across urban areas, albeit within the Perth Metropolitan area or regional centres.

Consultation/Advertising:

A comprehensive marketing plan was produced including the design and distribution of a leaflet, directing respondents to the City’s online engagement portal (EHQ) to complete the survey.  8,000 leaflets were hand delivered to directly affected households and businesses in the trial area and 4,500 were posted to absentee property owners, advising of the survey. Although respondents were encouraged to complete the online survey, surveys could also be filled out over the phone or the counter at the Vincent Administration and Civic Centre

 

The survey period was marketed via the placement of display advertisements in the local papers; 4 vinyl banners placed and rotated around the City over 4 weeks; and the use of the City’s digital marketing channels to promote the survey.

 

The Urban Mobility Advisory Group (UMAG) has been kept informed and consulted upon the trial and this project will be a standing item on the UMAG agenda.

Legal/Policy:

Nil.

Risk Management Implications:

Low:       The risk to the community is considered low as the proposal should lead to reduced traffic speeds and provide a safer environment.

Strategic Implications:

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

7.          

8.         “Natural and Built Environment

9.          

10.       “1.1:   Improve and maintain the natural and built environment and infrastructure

11.        

1.1.5       Take action to improve transport and parking in the City and mitigate the effects of traffic. (d)Promote alternative methods of transport.”

SUSTAINABILITY IMPLICATIONS:

Lowering of speed limits on roads would result in reduced pollution and improved safety for all users.

Financial/Budget Implications:

The Council has allocated $150,000 in the 2018/19 budget.

 

Main Roads WA are preparing a revised estimated based upon minimising the regulatory signage and line-marking required while ensuring that it complies and is enforceable.  Earlier estimates to install new signage and line marking within the trial area was $150,000.

Comments:

The City has undertaken extensive consultation with the Vincent community to gauge the level of support for the trial of a 40km/h speed zone on local streets, in the south portion of the City in the area bounded by Charles, Vincent, Beaufort, and Walcott Streets, Guildford Road, Stanley and Mitchell Streets, Graham Farmer Freeway and Newcastle Street.

 

A total of 392 responses were received. 298 (76%) of all respondents live or own property within the proposed trial area.  Of these respondents, 169 (57%) supported the trial and 129 (43%) did not.

 

Therefore, in light of the above results it is recommended that Council support the 40km/h Speed Zone Trial and approve the establishment of a Reference Group as the next step in the journey.


Ordinary Council Meeting Agenda                                                                  16 October 2018

10.2        Minor Parking Restriction Improvements/Amendments

TRIM Ref:                  D18/137132

Author:                     Craig Wilson, Manager Asset & Engineering

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Plan No. 3489-PP-01  

2.       Plan No. 3486-PP-01  

3.       Plan No. 3486-PP-02  

4.       Plan No. 3488-PP-01   

 

Recommendation:

That Council:

1.       APPROVES the following minor parking restriction improvements and amendments:

1.1     the introduction of a 3P 8am to 6.00 pm Monday to Friday parking restriction on the eastern side of The Boulevarde, Mount Hawthorn between Scarborough Beach Road and Berryman Street, and on the southern side of Berryman Street, Mount Hawthorn from The Boulevarde to the bus zone, as shown on Plan No. 3489-PP-01 (Attachment 1);

1.2     changes to the parking restrictions in Wellman Street, Brisbane Place and Robinson Avenue, Perth as shown on Plan No. 3486-PP-01 & 02, (Attachments 2 and 3);

1.3     an on-road ACROD bay outside No. 23 Pennent Street, North Perth at a location to be determiend by the Director of Engineering, and

1.4     an embayed motorcycle bay in Bulwer Street, Perth, as shown on Plan No. 3488-CP-01 (Attachment 4); and

2.       NOTES that Administration will advise residents and businesses directly impacted by these minor parking restriction improvments and amendments.

 

Purpose of Report:

To consider improvements/amendments to parking arrangements at various locations throughout the City of Vincent as detailed in the report.

Background:

The City regularly receives requests for the introduction of, or changes to, parking restrictions in both residential and commercial areas.  Administration generally undertakes a range of investigations including parking demand and traffic volume surveys to assess traffic and on-street parking conditions.  That data is then used to determine whether new or amended restrictions are warranted to improve parking availability and amenity.  Where changes are considered justifiable a report is then presented to Council for consideration as Administration does not have delegated authority to make such changes.

Details:

A number of parking issues have recently been identified and investigated with details provided below:

 

The Boulevarde and Berryman Streets, Mount Hawthorn

 

In early 2018, the City constructed 13 x 90° angled parking bays including a compliant ACROD bay on the eastern side of The Boulevard between Scarborough Beach Road and Berryman Street as well as a further eight bays on the southern side of Berryman Street from The Boulevard to the bus zone.  These bays effectively doubled the number of parking spaces over that of the existing parallel parking at these specific locations in acknowledgement of the high parking demand at the eastern end of the Mount Hawthorn Town Centre.  In addition, there are 24 x 90° angled parking bays in Berryman Street (northern side) adjacent Braithwaite Park and 48 in Kalgoorlie Street (eastern side) including three ACROD Bays.

 

However, none of the aforementioned bays are ‘time restricted’ and consequently the bays in The Boulevard are frequently fully occupied during the working week.  Both parking demand surveys and anecdotal evidence demonstrate that these bays are likely being used for commuter parking given the convenience of the nearby bus stops servicing the Perth CBD.

 

In addition, the new bays on the southern side of Berryman Street which are located directly opposite an early childhood playgroup are often fully occupied.  Whereas the original bays along the northern side of Berryman Street as well as those in Kalgoorlie Street have an average occupancy rate of 60% which may vary dependent upon activities in the adjacent park (particularly on weekends) and the nearby Mount Hawthorn Primary School.

 

It is proposed to implement 3P time restrictions for the parking bays in The Boulevard, and the southern side of Berryman Street, to provide better amenity and improve parking availability for the adjacent businesses and playgroup (refer to Plan No. 3489-PP-01 – Attachment 1).  This provides a reasonable period to attend surrounding business and community activities. 

 

Streets Surrounding the Perth Mosque

 

The Perth Mosque was established as a place of worship at No. 427 - 429 William Street in 1905.  While various activities take place throughout the week the busiest prayer times are at noon each day, and particularly noon on Fridays.  Given the Mosque’s location within the William Street Activity Centre and its proximity to high-density residential areas the availability of on-street parking during these peak prayer times has become an increasing issue in recent years.

 

The Mayor and Director Community Engagement met with Mosque representatives on 9 August 2018 to better understand the parking challenges being experienced, and the Director Community Engagement and Director Engineering then attended the Mosque (and surrounding streets) on 21 August 2018.  That site visit coincided with Eid ul-Adha, one of most important festivals on the Islamic calendar, and therefore provided a good understanding of the challenges being faced during prayer times.

 

Based upon an assessment of on-street parking restrictions surrounding the Mosque a number of minor amendments are now recommended to improve amenity for Mosque attendees while maintaining parking availability for surrounding residences (refer to Plan No. 3486-PP-01 and 02 – Attachments 2 & 3).  These amendments include:

 

·       Convert the loading zone bay on Robinson Avenue to an additional 1P bay at ALL TIMES to match the adjoining bays.

·       Convert the ‘Resident Only’ bays on Robinson Avenue, between Wellman Street and Brookman Street, to 1P 8am to 6pm Mon to Fri - Resident Only other times, which is in keeping the existing Moir Street restrictions.

·       Convert the unmarked bays on eastern side of Wellman Street (Robinson Avenue end) to 1P bays 8am to 6pm Mon to Fri.

·       Remove the non-compliant on-road ACROD bay and Set Down bay in Brisbane Place, and convert to a 1P 8am to 6pm Mon to Fri - Resident Only other times.

·       Convert the ‘Resident Only’ bays on Brisbane Place to 1P 8am to 6pm Mon to Fri - Resident Only other times

 

In addition, a ‘Parking Around Perth Mosque’ brochure identifying the paid and free parking options in the surrounding area has been prepared by Administration and will be provided to the Mosque so they can distribute to attendees.  That map also identifies bus routes with stops within walking distance of the Mosque.

 

On-Road ACROD Bay No. 23 Pennant Street, North Perth

 

Requests for on-road ACROD bays are only approved where a need has been clearly identified with the onus generally on the applicant in the first instance to demonstrate the need through medical certification or an obvious physical incapacitation, and limited or no opportunity to park off street.  Noting that many internal driveways are, on average, about 3.0m wide and therefore it is often impractical or difficult to enable wheelchair access.  While an on-road ACROD bay is the standard 2.1m parking bay width it provides an opportunity, particularly in low traffic volume residential streets, to use the road space.  The need for an ACROD bay may also be related to the needs of primary carer, who does not live at the property, to pick-up and drop off a person requiring assistance within a reasonable distance of a residence.

The Mayor and Director Engineering recently met with the resident (and his neighbour) at 23 Pennant Street, North Perth, to discuss his accessibility needs.  While Pennant Street has an existing 2P 8.00am to 5.30pm Monday to Friday restriction and on-street parking is generally available there are frequent occasions where the resident’s carer cannot park within a reasonable distance of the house.  As a result, it was agreed that Administration would investigate and seek Council approval for an on-street ACROD bay to be installed.  Both the resident and his carer are eligible for an ACROD permit, adjacent the property.  An ACROD bay is considered a more suitable means of providing an improved amenity over that of other restrictions, such as No Parking or No Stopping restrictions.  It is also available for other motorists if displaying the appropriate ACROD permit.

 

Embayed Motorcycle Parking Bay at No. 326 Bulwer Street, Perth

 

There is a well utilised on-road motorcycle parking bay located outside No. 326 Bulwer Street, Perth which services a number of local businesses at this location.  However given its proximity to the signalised intersection at Bulwer and Fitzgerald Streets, and its location on the exit side of the intersection where two lanes merge into one over a relatively short length of road, it is considered a potentially hazardous location to park a motorcycle.  Further, as the motorcycle parking bay is located next to 1/4P car bays there have been several instances where motorcycles are damaged by vehicles turning into the parallel parking bays.

 

Upon investigation Administration has identified that this motorcycle parking bays should be retained but embayed to make safer for both riders and their property.  This embayment would be constructed immediately adjacent the current motorcycle parking bay location so that it does not impact upon the existing 1/4P bays, and will not result in a loss of the usable footpath space.    The bay (refer to Plan No. 3488-CP-01 – Attachment 4) would encroach approximately 600mm into the footpath, which aligns with the existing signage and Australia Post mailbox.  It is intended that the existing 2P 8.00am to 5.30pm Mon to Fri and 8.00am to 12noon Sat restriction, which is specific to the motorcycle bay be retained.

Consultation/Advertising:

All affected property owners and occupiers will be notified of the parking restriction changes although it should be noted that in each instance the level of amenity for adjacent businesses, residents and visitors will improve.  These is minimal impact upon the wider community.

Legal/Policy:

The City of Vincent Parking and Parking Facilities Local Law 2007 regulates the parking or standing of vehicles in all or specified thoroughfares and reserves under the care, control and management of the City and provides for the management and operation of parking facilities.

Risk Management Implications:

Low:           These proposed parking restriction changes will deliver amenity improvements for residents, businesses, and visitors.

Strategic Implications:

These proposed parking restriction changes align with the following objectives within the City’s Strategic Plan 2013-2023:

 

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

 

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

 

1.1.5     Implement the City’s Car Parking Strategy and associated Precinct Parking Management Plans.”

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Costs associated with these parking restriction changes will be completed through available funding within the 2018/19 ‘Miscellaneous Traffic Management’ budget.

Comments:

Administration has investigated current parking and traffic management issues at these locations, and it considered appropriate to implement minor improvements and amendments to improve amenity and on-street parking availability.  While significant changes to parking arrangements should await completion of the Integrated Transport Strategy it is necessary for Administration to continue to effectively respond to site-specific issues.  It is anticipated that Administration will present several reports to Council over the coming months to deal with such parking restriction improvements and amendments.

 

  


Ordinary Council Meeting Agenda                                                                  16 October 2018

11          Corporate Services

11.1        Investment Report as at 30 September 2018

TRIM Ref:                D18/147478

Author:                     Sheryl Teoh, A/Coordinator Financial Services

Authoriser:             Kerryn Batten, Director Corporate Services

Attachments:          1.       Investment Report   

 

Recommendation:

That Council NOTES the Investment Report for the month ended 30 September 2018 as detailed in Attachment 1.

 

Purpose of Report:

To advise Council of the nature and value of investments and the interest earned to date.

Background:

Funds surplus to day to day operational requirements are invested in bank term deposits for various terms, to facilitate maximum investment returns in compliance with good governance, legislative requirements and Council’s Investment Policy No 1.2.4.  Details of investments are attached in Attachment 1.

 

The City’s investment portfolio is diversified across several financial Institutions in accordance with the Investment Policy.

 

There are still a number of 2017-18 year end transactions and adjustments that need to be completed before the year end accounts will be finalised and audited.  Whilst the overall balance of investments and interest earned is not likely to change, the allocations between Municipal, Trust and Reserve funds may need to be adjusted as a consequence of final audit outcomes.

Details:

Total funds held as at 30 September 2018, including on call in the City’s operating account were $44,209,274; compared to $40,305,364 for the period ending 30 September 2017. The increase in total funds is largely due to issuing of rates notices for 2018/2019 a month earlier when compared to the prior year.

 

Total term deposit investments for the period ending 30 September 2018 were $40,651,147 compared to $37,499,275 for the prior month end, and $37,944,911 for the period ending 30 September 2017.

 

Funds under management comparison table:

 

Month

2017/18

2018/19

Ended

Total funds held

Total term deposits

Total funds held

Total term deposits

July

$23,433,728

$21,212,649

$26,826,861

$23,990,516

August

$30,161,860

$27,714,651

$44,327,708

$37,499,275

September

$40,305,364

$37,944,911

$44,209,274

$40,651,147

October

$41,087,462

$38,947,823

 

 

November

$41,716,473

$39,482,047

 

 

December

$38,768,084

$37,065,389

 

 

January

$39,498,741

$36,147,499

 

 

February

$39,217,278

$36,665,928

 

 

March

$36,377,700

$34,622,001

 

 

April

$33,647,074

$31,177,278

 

 

May

$30,338,407

$28,712,736

 

 

June

$28,409,157

$24,687,341

 

 

 

Total accrued interest earned on investments as at 30 September 2018 is:

 

 

Adopted Budget

YTD

Budget

YTD

Actual

% of YTD Budget

Municipal

$420,000

$112,600

$111,487

99.01%

Reserve

$246,060

$68,400

$68,397

100.00%

Sub-total

$666,060

$181,000

$179,884

99.38%

Leederville Gardens Inc Surplus Trust*

$0

$0

$34,969

N/A

 

*Interest estimates for Leederville Gardens Inc Surplus Trust were not included in the 2018/19 Budget as actual interest earned is held in trust and restricted.

Consultation/Advertising:

Nil.

Legal/Policy:

The power to invest is governed by the Local Government Act 1995.

 

6.14.     Power to invest

 

(1)        Money held in the municipal fund or the trust fund of a local government that is not, for the time being, required by the local government for any other purpose may be invested as trust funds may be invested under the Trustees Act 1962 Part III.

(2A)      A local government is to comply with the regulations when investing money referred to in subsection (1).

(2)        Regulations in relation to investments by local governments may — 

(a)    make provision in respect of the investment of money referred to in subsection (1); and

[(b)   deleted]

(c)    prescribe circumstances in which a local government is required to invest money held by it; and

(d)    provide for the application of investment earnings; and

(e)    generally provide for the management of those investments.

 

Further controls are established through the following provisions in the Local Government (Financial Management) Regulations 1996:

 

19.       Investments, control procedures for

 

(1)        A local government is to establish and document internal control procedures to be followed by employees to ensure control over investments.

(2)        The control procedures are to enable the identification of —

(a)    the nature and location of all investments; and

(b)    the transactions related to each investment.

 

19C.     Investment of money, restrictions on (Act s. 6.14(2)(a))

 

(1)        In this regulation —

authorised institution means —

(a)    an authorised deposit‑taking institution as defined in the Banking Act 1959 (Commonwealth) section 5; or

(b)    the Western Australian Treasury Corporation established by the Western Australian Treasury Corporation Act 1986;

foreign currency means a currency except the currency of Australia.

 

(2)        When investing money under section 6.14(1), a local government may not do any of the following —

(a)    deposit with an institution except an authorised institution;

(b)    deposit for a fixed term of more than 3 years;

(c)    invest in bonds that are not guaranteed by the Commonwealth Government, or a State or Territory government;

(d)    invest in bonds with a term to maturity of more than 3 years;

(e)    invest in a foreign currency.

 

To further guide the prudent and responsible investment of the City’s funds, Council has adopted the City’s Investment Policy No. 1.2.4, which delegates the authority to invest surplus funds to the Chief Executive Officer or his delegate.

 

Administration has established guidelines for the management of the City’s investments, including the following ratings table:

 

Short Term Rating (Standard & Poor’s) or Equivalent

Direct Investments Maximum %

with any one institution

Managed Funds Maximum %

with any one institution

Maximum % of Total Portfolio

Policy

Actual

Policy

Actual

Policy

Actual

A1+

30%

19.0%

30%

Nil

90%

47.4%

A1

25%

5.7%

30%

Nil

80%

5.7%

A2

20%

19.5%

n/a

Nil

60%

46.9%

 

*As per subtotals on Attachment 1

Risk Management Implications:

Moderate:      Funds are invested with various financial institutions with high long term and short term ratings (Standard & Poor’s or equivalent), after obtaining three quotations for each investment. Investment funds are spread across various institutions and invested as term deposits of between one and twelve months, to spread risk.

Strategic Implications:

In keeping with the City’s 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:

Nil.

Financial/Budget Implications:

The financial implications of this report are as noted in the details and comments section of the report.  Overall Administration concludes that appropriate and responsible measures are in place to protect the City’s financial assets and to ensure the accountability of management.

Comments:

Funds for investment have slightly decreased from the previous period due to excess of payments to creditors and other expenditures over cash receipts.

 

The City has obtained a weighted average interest rate of 2.57% for current investments including the operating account; and 2.71% excluding the operating account. The Reserve Bank 90 days Accepted Bill rate for September 2018 is 1.93%.

 

As at 30 September 2018, the City’s total investment earnings excluding the Leederville Gardens Inc. Surplus Trust income is lower than the year to date budget estimate by $1,116 (0.6%).

The City’s Investment Policy states that preference “is to be given to investments with institutions that have been assessed to have no current record of funding fossil fuels, providing that doing so will secure a rate of return that is at least equal to alternatives offered by other institutions”. Administration currently uses Marketforce.com to assist in assessing whether a bank promotes non-investment in fossil fuel related entities. 34.46% of the City’s investments were held in institutions considered non-fossil fuel lending by Marketforce.com as at 30 September 2018.

 

Administration notes that Sustainable Platform has been engaged to undertake an accreditation assessment of the City’s sustainability practices and policies and will be providing a high level review of the City’s investments in non-fossil fuel and other relevant industries. This work is expected to trigger a review of the City’s investment policies in the last quarter of this calendar year.

 

This investment report (Attachment 1) consists of:

 

·       Investment performance and policy compliance charts;

·       Investment portfolio;

·       Investment interest earnings; and

·       Current investment holdings.

 

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

11.2        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.

 

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

11.3        Financial Statements as at 31 August 2018

TRIM Ref:                  D18/145159

Author:                     Sheryl Teoh, A/Coordinator Financial Services

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Financial Statements as at 31 August 2018   

 

Recommendation:

That Council RECEIVES the financial statements for the month ended 31 August 2018 as shown in Attachment 1.

 

Purpose of Report:

To present the financial statements for the period ended 31 August 2018.

Background:

Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the budget.

 

A statement of financial activity report is to be in a form that sets out:

 

·       the annual budget estimates;

·       budget estimates for the end of the month to which the statement relates;

·       actual amounts of expenditure, revenue and income for the end of the month to which the statement relates;

·       material variances between the year-to-date income and expenditure; and

·       other supporting notes and other information that the local government considers will assist in the interpretation of the report.

         

In addition to the above, under Regulation 34 (5) of the Local Government (Financial Management) Regulations 1996, each financial year a local government is to adopt a percentage of value, calculated in accordance with the relevant accounting standard, to be used in statements of financial activity for reporting material variances.

Details:

The following documents, included as Attachment 1 represent the Statement of Financial Activity for the period ending 31 August 2018:

 

Note

Description

Page

 

 

 

1.

Statement of Financial Activity by Program Report and Graph

1-3

2.

Statement of Comprehensive Income by Nature and Type Report

4

3.

Net Current Funding Position

5

4.

Summary of Income and Expenditure by Service Areas

6-64

5.

Capital Expenditure and Funding and Capital Works Schedule

65-77

6.

Cash Backed Reserves

78

7.

Rating Information and Graph

79-80

8.

Debtor Report

81

9.

Beatty Park Leisure Centre Financial Position

82

 

 

 

 

 

The following table provides a summary view of the year to date actual, compared to the adopted and year to date budget.  It should be noted that data is provisional as year-end accounting and audit activities are yet to be completed.

         

Summary of Financial Activity by Program as at 31 August 2018

 

Adopted Budget

YTD
Budget

YTD
Actual

Variance

Variance

2018/19

2018/19

2018/19

2018/19

2018/19

$

$

$

$

%

REVENUE

23,398,772

4,092,531

4,005,579

(86,952)

-2%

EXPENDITURE

(59,858,331)

(8,863,731)

(6,494,999)

2,368,732

-27%

NET OPERATING EXCLUDING RATES

(36,459,559)

(4,771,200)

(2,489,419)

2,281,781

-48%

OPERATING ACTIVITIES EXCLUDED FROM BUDGET

 

 

NON-CASH EXPENDITURE AND REVENUE

 

 

Add Deferred Rates Adjustment

0

0

12,596

12,596

0%

Add Back Depreciation

10,289,210

1,714,868

0

(1,714,868)

-100%

(Profit)/Loss on Asset Disposals

(687,908)

(71,690)

0

71,690

-100%

AMOUNT ATTRIBUTABLE TO OPERATING ACTIVITIES

9,601,302

1,643,178

12,596

(1,630,582)

-99%

INVESTING ACTIVITIES

Non-Operating Grants, Subsidies and Contributions

1,829,854

517,334

418,987

(98,347)

-19%

Capital Expenditure

(14,789,424)

(2,271,916)

(937,720)

1,334,196

-59%

Proceeds from Joint Venture Operations

583,333

0

0

0

0%

Proceeds from Disposal of assets

475,000

86,000

40,551

(45,449)

-53%

(11,901,237)

(1,668,582)

(478,181)

1,190,401

-71%

FINANCING ACTIVITIES

Repayments Loan Capital

(1,017,424)

(153,040)

(153,040)

(0)

0%

Proceeds from New Debentures

428,000

0

0

0

0%

Transfers from Reserves

1,546,190

237,190

74,463

(162,727)

-69%

Transfers to Reserves

(1,542,713)

(438,948)

(134,207)

304,741

-69%

(585,947)

(354,798)

(212,784)

142,014

-40%

Plus: Surplus/(Deficiency) Brought Fwd 1 July 2018

4,829,483

4,829,483

7,675,410

2,845,928

59%

Surplus/(Deficiency) Before General Rates

(34,515,958)

(321,919)

4,507,622

4,829,541

-1500%

Total amount raised from General Rates

34,717,855

34,267,855

33,903,522

(364,333)

-1%

Restricted Grant

0

0

0

0

0%

NET CURRENT ASSETS at 31 AUGUST  C/FWD - SURPLUS/(DEFICIT)

201,897

33,945,936

38,411,144

4,465,208

13%

Comments on the statement of financial activity as at Attachment 1:

 

Operating Revenue

 

There is a difference in classification of revenue reported by Program and by Nature and Type.  Operating revenue by Program reporting includes ‘Profit on sale of assets’, however this is excluded in the Nature and Type report and ‘Rates’ revenue is added.

 

Revenue by Program is showing a negative variance of 2% ($86,952). This is due to lower revenue in:

 

·       Recreation and Culture $268,565. This variance is deemed to be temporary due to accounting treatment; and

·       General Purpose funding $76,931, mainly due to timing variance on interest revenue $67,330.

 

However, there is higher revenue in:

 

·       Community Amenities - $205,314, largely due to timing difference for additional rubbish services of $167,000 and development application fees which have exceeded year to date budget by $59,071; and

·       Transport - $65,810, in which parking infringements and fines exceeded year to date budget by $112,549 however parking ticket machines usage fees and charges are lower than year to date budget by $61,574.

 

Operating revenue as presented on the ‘Nature and Type’ report (Page 4 of Attachment 1) is showing negative variance of 1%.

 

Operating Expenditure

 

Expenditure by Program is showing a positive variance of 27% ($2,368,732). This is due to:

 

·       Recreation and Culture – underspend of $1,448,855;

·       Transport – underspend of $530,402; and,

·       Education and Welfare – underspend $100,076.

 

Similarly, the operating expenditure listed under the Nature and Type report reflects a corresponding favourable variance of 27%, with the largest variances in:

 

·       Depreciation of non-current assets ($1,714,868 favourable) where the variance is due to the end of year audit not yet being completed. This has limited Finance’s ability to process depreciation in this financial year.

·       Employee costs ($417,691 favourable) where the variance is due to largely timing of the payroll cycle.

 

Transfer from Reserves

 

Transfer from Reserves is aligned with the timing of capital works projects that are reserve funded.

 

Capital expenditure

 

The variance is attributed to timing on commencement of the projects. For further detail, refer to Note 5 on Attachment 1.

 

Transfer to Reserves

 

Transfer to reserves as appropriate have been completed as at 31 August.

 

Opening surplus bought forward (2018/19)

 

The provisional surplus opening balance brought forward from 2017/18 was $7,675,410 against the $4,829,483 budgeted opening surplus balance brought forward. The actual opening surplus figure will change once end of year audit is completed.

 


 

Closing surplus 2018/19

 

There is currently a surplus of $38,411,144 compared to the year to date budget surplus of $33,945,936. This variance is substantially attributed to the positive variance in operating expenditure and an underspend in capital against budget.

 

An explanation of each report within the Statement of Financial Activity (Attachment 1), along with some commentary, is below:

 

1.         Statement of Financial Activity by Program Report (Note 1 Page 1)

 

This statement of financial activity shows operating revenue and expenditure classified by Program.

 

2.         Statement of Comprehensive Income by Nature and Type Report (Note 2 Page 4)

 

This statement of financial activity shows operating revenue and expenditure classified by Nature and Type.

 

3.         Net Current Funding Position (Note 3 Page 5)

 

Net current assets is the difference between the current assets and current liabilities, less committed assets and restricted assets. This amount indicates how much capital is available for day to day activities.  The net current funding position as at 31 August 2018 is $38,411,144.

 

4.         Summary of Income and Expenditure by Service Areas (Note 4 Page 6 – 64)

 

This statement shows a summary of operating revenue and expenditure by service unit.

 

5.         Capital Expenditure and Funding Summary (Note 5 Page 65 - 77)

 

The following table is a summary of the ‘2018/2019 Capital Expenditure Budget by Program’, which compares year to date budget with actual expenditure to date.  The full capital works program is listed in detail in Note 5 of Attachment 1.

                  

 CAPITAL EXPENDITURE

Adopted Budget

YTD
Budget

YTD
Actual

Remaining Budget

 

$

$

$

%

Land and Buildings

2,729,200

401,200

174,896

94%

Infrastructure Assets

7,779,502

1,330,404

732,898

91%

Plant and Equipment

3,085,811

217,401

24,625

99%

Furniture and Equipment

1,194,911

322,911

5,301

100%

Total

14,789,424

2,271,916

937,720

94%

CAPITAL FUNDING

Adopted Budget

YTD
Budget

YTD
Actual

Remaining Budget

 

$

$

$

%

Own Source Funding - Municipal

10,938,380

1,431,392

403,718

96%

Cash Backed Reserves

1,546,190

237,190

74,463

95%

Capital Grant and Contribution

1,829,854

517,334

418,987

77%

Other (Disposals/Trade In)

475,000

86,000

40,551

91%

Total

14,789,424

2,271,916

937,720

94%

         

Note:  Detailed analysis is included on page 65 - 77 of Attachment 1.

 

 

 

 

6.         Cash Backed Reserves (Note 6 Page 78)

 

The Cash Backed Reserves schedule details movements in the reserves, including transfers and funds used, compares actual results with the annual budget.  The balance as at 31 August 2018 is $10,561,040.

 

 

7.         Rating Information (Note 7 Page 79 – 80)

 

The notices for rates and charges levied for 2018/19 were issued on 26 July 2017.

 

The Local Government Act 1995 provides for ratepayers to pay rates by four instalments.  The due dates for each instalment were:

 

First Instalment

31 August 2018

Second Instalment

31 October 2018

Third Instalment

04 January 2019

Fourth Instalment

04 March 2019

 

To cover the costs involved in providing the instalment program the following charge and interest rates apply:

 

Instalment Administration Charge

(to apply to second, third, and fourth instalment)

$13.00 per instalment

Instalment Interest Rate

5.5% per annum

Late Payment Penalty Interest

11% per annum

 

Pensioners registered with the City for rate concessions do not incur the above interest or charge.

 

The Rates debtors balance to be collected as at 31 August 2018 is $17,944,551 (this includes deferred rates of $106,965). This represents 50.37% of collectable income compared to 75.99% at the same time last year.

 

8.         Receivables (Note 8 Page 81)

 

Receivables of $3,538,968 are outstanding as at 31 August 2018, of which $3,372,076 has been outstanding over 90 days. This is comprised of:

 

·        $2,736,202 (81.1%) relates to unpaid infringements (plus costs) over 90 days. Infringements that remain unpaid for more than two months are sent to Fines Enforcement Registry (FER), which then collects the outstanding balance and returns the funds to the City for a fee. Administration has recently largely reconciled FER debtors but notes there are still some insignificant variances to be resolved.

 

It is also noted that as part of the 2017/19 audit process, Administration has included a robust and defensible provision for doubtful debts for infringements. This will be finalised in the 2017/18 accounts that will come to Council at the November meeting, and provides more clarity around the likelihood of collection of the receivables carried in our balance sheet.

 

·        $323,087 (9.6%) relates to Cash in Lieu Parking. Some Cash in Lieu Parking debtors have special payment arrangements over more than one year; and

 

·        $61,117 (9.3%) relates to Other Receivables, refer to attachment - page 81.

 

Administration has been following up outstanding items which relate to Other Receivables by issuing reminders when they are overdue and initiating formal debt collection when payments remain outstanding over longer periods of time.

 

 

 

 

9.         Beatty Park Leisure Centre – Financial Position Report (Note 9 Page 82)

 

As at 31 August 2018 the operating deficit for the centre was $97,659 in comparison to the year to date budgeted deficit of $448,095. However it should be noted that depreciation has not been allocated for August 2018 and that this will make a material difference.

 

The cash position showed a current cash deficit of $57,659 in comparison to the year to date budget estimate of a cash deficit of $254,571.

 

10.       Explanation of Material Variances

 

All material variances as at 31 August 2018 have been detailed in the variance comments report in Attachment 1.

 

The materiality thresholds used for reporting variances are 10% and $20,000. This means that variances will be analysed and separately reported when they are more than 10% (+/-) of the year to date budget, where that variance exceeds $20,000 (+/-). This threshold was adopted by Council as part of the budget adoption for 2018/19 and is used in the preparation of the statements of financial activity when highlighting material variance in accordance with Financial Management Regulation 34(1) (d).

Consultation/Advertising:

Not applicable.

Legal/Policy:

Section 6.4 of the Local Government Act 1995 requires a local government to prepare an annual financial report for the preceding year and such other financial reports as are prescribed.

 

Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996 requires the local government to prepare each month, a statement of financial activity reporting on the source and application of funds as set out in the adopted Annual Budget.

 

A statement of financial activity and any accompanying documents are to be presented at an Ordinary Meeting of the Council within two months after the end of the month to which the statement relates.

 

Section 6.8 of the Local Government Act 1995, specifies that a local government is not to incur expenditure from its Municipal Fund for an additional purpose except where the expenditure is authorised in advance by an absolute majority decision of Council.

Risk Management Implications:

Low:    Provision of monthly financial reports fulfils a statutory requirement.

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:

Not applicable.

Comments:

All expenditure included in the Financial Statements is incurred in accordance with Council’s adopted budget.


Ordinary Council Meeting Agenda                                                                  16 October 2018

11.4        Financial Statements as at 30 September 2018

TRIM Ref:                  D18/150469

Author:                     Nilesh Makwana, Accounting Officer

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Financial Statements as at 30 September 2018   

 

Recommendation:

That Council RECEIVES the financial statements for the month ended 30 September 2018 as shown in Attachment 1.

 

Purpose of Report:

To present the financial statements for the period ended 30 September 2018.

Background:

Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the budget.

 

A statement of financial activity report is to be in a form that sets out:

 

·       the annual budget estimates;

·       budget estimates for the end of the month to which the statement relates;

·       actual amounts of expenditure, revenue and income for the end of the month to which the statement relates;

·       material variances between the year-to-date income and expenditure; and

·       other supporting notes and other information that the local government considers will assist in the interpretation of the report.

         

In addition to the above, under Regulation 34 (5) of the Local Government (Financial Management) Regulations 1996, each financial year a local government is to adopt a percentage of value, calculated in accordance with the relevant accounting standard, to be used in statements of financial activity for reporting material variances.

Details:

The following documents, included as Attachment 1 represent the Statement of Financial Activity for the period ending 30 September 2018:

 

Note

Description

Page

 

 

 

1.

Statement of Financial Activity by Program Report and Graph

1-3

2.

Statement of Comprehensive Income by Nature and Type Report

4

3.

Net Current Funding Position

5

4.

Summary of Income and Expenditure by Service Areas

6-64

5.

Capital Expenditure and Funding and Capital Works Schedule

65-77

6.

Cash Backed Reserves

78

7.

Rating Information and Graph

79-80

8.

Debtor Report

81

9.

Beatty Park Leisure Centre Financial Position

82

 

 

 

 

 

The following table provides a summary view of the year to date actual, compared to the adopted and year to date budget.  It should be noted that data is provisional as year-end accounting and audit activities are yet to be completed.

         

Summary of Financial Activity by Program as at 30 September 2018

 

Adopted Budget

YTD
Budget

YTD
Actual

Variance

Variance

2018/19

2018/19

2018/19

2018/19

2018/19

$

$

$

$

%

REVENUE

23,398,772

6,090,568

6,136,600

46,032

1%

EXPENDITURE

(59,858,331)

(14,967,756)

(10,203,375)

4,764,381

-32%

NET OPERATING EXCLUDING RATES

(36,459,559)

(8,877,188)

(4,066,774)

4,810,414

-54%

OPERATING ACTIVITIES EXCLUDED FROM BUDGET

NON-CASH EXPENDITURE AND REVENUE

Add Deferred Rates Adjustment

0

0

15,034

15,034

0%

Add Back Depreciation

10,289,210

2,572,302

0

(2,572,302)

-100%

(Profit)/Loss on Asset Disposals

(687,908)

(103,417)

0

103,417

-100%

AMOUNT ATTRIBUTABLE TO OPERATING ACTIVITIES

9,601,302

2,468,885

15,034

(2,453,851)

-99%

INVESTING ACTIVITIES

Non-Operating Grants, Subsidies and Contributions

1,829,854

517,334

418,987

(98,347)

-19%

Capital Expenditure

(14,789,424)

(3,074,916)

(1,541,396)

1,533,520

-50%

Proceeds from Joint Venture Operations

583,333

0

0

0

0%

Proceeds from Disposal of assets

475,000

140,000

40,551

(99,449)

-71%

(11,901,237)

(2,417,582)

(1,081,858)

1,335,724

-55%

FINANCING ACTIVITIES

Repayments Loan Capital

(1,017,424)

(230,082)

(230,083)

(1)

0%

Proceeds from New Debentures

428,000

0

0

0%

Transfers from Reserves

1,546,190

237,190

86,849

(150,341)

-63%

Transfers to Reserves

(1,542,713)

(519,223)

(170,228)

348,995

-67%

(585,947)

(512,115)

(313,462)

198,653

-39%

Plus: Surplus/(Deficiency) Brought Fwd 1 July 2017

4,829,483

4,829,483

7,675,410

2,845,928

59%

Surplus/(Deficiency) Before General Rates

(34,515,958)

(4,508,517)

2,228,350

6,736,867

-149%

Total amount raised from General Rates

34,717,855

34,367,855

34,263,049

(104,806)

0%

Restricted Grant

0

0

0

0

0%

NET CURRENT ASSETS at September 30 C/FWD - SURPLUS/(DEFICIT)

201,897

29,859,338

36,491,399

6,632,061

22%

 

Comments on the statement of financial activity as at Attachment 1:

 

Operating Revenue

 

There is a difference in classification of revenue reported by Program and by Nature and Type.  Operating revenue by Program reporting includes ‘Profit on sale of assets’, however this is excluded in the Nature and Type report and ‘Rates’ revenue is added.


 

Revenue by Program is showing a positive variance of 1% ($46,032). This is due to higher revenue in:

 

·       Community Amenities - $201,856, largely due to timing difference for additional rubbish services of $122,795 and development application fees which have exceeded year to date budget by $82,508; and

·       Transport - $82,582, in which parking infringements and fines exceeded year to date budget by $120,917 however parking ticket machines usage fees and charges are lower than year to date budget by $50,709.

 

Operating revenue as presented on the ‘Nature and Type’ report (Page 4 of Attachment 1) is showing zero variance.

 

Operating Expenditure

 

Expenditure by Program is showing a positive variance of 32% ($4,764,381). This is due to:

 

·       Community Amenities – underspend of $968,066;

·       Recreation and Culture – underspend of $1,914,836

·       Transport – underspend of $956,624; and,

·       Other Property and Services – underspend $238,896.

 

Similarly, the operating expenditure listed under the Nature and Type report reflects a corresponding favourable variance of 32%, with the largest variances in:

 

·       Depreciation of non-current assets ($2,572,302 favourable) where the variance is due to the end of year audit not yet being completed. This has limited Finance’s ability to process depreciation in this financial year,

·       Materials and Contract ($1,112,125 favourable) where the variance is due to timing on works and receipt of invoices,

·       Employee costs ($947,045 favourable) where the variance is due to largely timing of the payroll cycle.

 

Transfer from Reserves

 

Transfer from Reserves is aligned with the timing of capital works projects that are reserve funded.

 

Capital expenditure

 

The variance is attributed to timing on commencement of the projects. For further detail, refer to Note 5 on Attachment 1.

 

Transfer to Reserves

 

Transfer to reserves as appropriate have been completed as at 30 September.

 

Opening surplus bought forward (2018/19)

 

The provisional surplus opening balance brought forward from 2017/18 was $7,675,410 against the $4,829,483 budgeted opening surplus balance brought forward. The actual opening surplus figure will change once end of year audit is completed.

 

Closing surplus 2018/19

 

There is currently a surplus of $36,491,399 compared to the year to date budget surplus of $29,859,338. This variance is substantially attributed to the positive variance in operating expenditure and underspend in capital against budget.

 

An explanation of each report within the Statement of Financial Activity (Attachment 1), along with some commentary, is below:

 

1.         Statement of Financial Activity by Program Report (Note 1 Page 1)

 

This statement of financial activity shows operating revenue and expenditure classified by Program.

 


 

2.         Statement of Comprehensive Income by Nature and Type Report (Note 2 Page 4)

 

This statement of financial activity shows operating revenue and expenditure classified by Nature and Type.

 

3.         Net Current Funding Position (Note 3 Page 5)

 

Net current assets is the difference between the current assets and current liabilities, less committed assets and restricted assets. This amount indicates how much capital is available for day to day activities.  The net current funding position as at 30 September 2018 is $36,491,399.

 

4.         Summary of Income and Expenditure by Service Areas (Note 4 Page 6 – 64)

 

This statement shows a summary of operating revenue and expenditure by service unit.

 

5.         Capital Expenditure and Funding Summary (Note 5 Page 65 - 77)

 

The following table is a summary of the ‘2018/2019 Capital Expenditure Budget by Program’, which compares year to date budget with actual expenditure to date.  The full capital works program is listed in detail in Note 5 of Attachment 1.

                  

 

Adopted Budget

YTD
Budget

YTD
Actual

Remaining Budget

 

$

$

$

%

Land and Buildings

                  2,729,200

                     536,200

                     232,781

91%

Infrastructure Assets

                  7,779,502

                  1,860,404

                  1,205,358

85%

Plant and Equipment

                  3,085,811

                     295,401

                       68,704

98%

Furniture and Equipment

                  1,194,911

                     382,911

                       34,554

97%

Total

               14,789,424

                  3,074,916

                  1,541,396

90%

FUNDING

Adopted Budget

YTD
Budget

YTD
Actual

Remaining Budget

 

$

$

$

%

Own Source Funding - Municipal

               10,938,380

                  2,180,392

                     995,009

91%

Cash Backed Reserves

                  1,546,190

                     237,190

                       86,849

94%

Capital Grant and Contribution

                  1,829,854

                     517,334

                     418,987

77%

Other (Disposals/Trade In)

                     475,000

                     140,000

                       40,551

91%

Total

               14,789,424

                  3,074,916

                  1,541,396

90%

         

Note:  Detailed analysis is included on page 65 - 77 of Attachment 1.

 

6.         Cash Backed Reserves (Note 6 Page 78)

 

The Cash Backed Reserves schedule details movements in the reserves, including transfers and funds used, compares actual results with the annual budget.  The balance as at 30 September 2018 is $10,693,323.

 

7.         Rating Information (Note 7 Page 79 – 80)

 

The notices for rates and charges levied for 2018/19 were issued on 26 July 2017.

 


 

The Local Government Act 1995 provides for ratepayers to pay rates by four instalments.  The due dates for each instalment were:

 

First Instalment

31 August 2018

Second Instalment

31 October 2018

Third Instalment

04 January 2019

Fourth Instalment

04 March 2019

 

To cover the costs involved in providing the instalment program the following charge and interest rates apply:

 

Instalment Administration Charge

(to apply to second, third, and fourth instalment)

$13.00 per instalment

Instalment Interest Rate

5.5% per annum

Late Payment Penalty Interest

11% per annum

 

Pensioners registered with the City for rate concessions do not incur the above interest or charge.

 

The Rates debtors balance to be collected as at 30 September 2018 is $15,363,071 (this includes deferred rates of $104,528). This represents 43.12% of collectable income compared to 44.16% at the same time last year.

 

8.         Receivables (Note 8 Page 81)

 

Receivables of $3,688,839 are outstanding as at 30 September 2018, of which $3,176,517 has been outstanding over 90 days. This is comprised of:

 

·        $2,786,081 (87.7%) relates to unpaid infringements (plus costs) over 90 days. Infringements that remain unpaid for more than two months are sent to Fines Enforcement Registry (FER), which then collects the outstanding balance and returns the funds to the City for a fee. Administration has recently largely reconciled FER debtors but notes there are still some insignificant variances to be resolved.

 

It is also noted that as part of the 2017/19 audit process, Administration has included a robust and defensible provision for doubtful debts for infringements. This will be finalised in the 2017/18 accounts that will come to Council at the November meeting, and provides more clarity around the likelihood of collection of the receivables carried in our balance sheet.

 

·        $321,260 (10.1%) relates to Cash in Lieu Parking. Some Cash in Lieu Parking debtors have special payment arrangements over more than one year; and

 

·        $69,175 (2.2%) relates to Other Receivables, refer to attachment - page 81.

 

Administration has been following up outstanding items which relate to Other Receivables by issuing reminders when they are overdue and initiating formal debt collection when payments remain outstanding over longer periods of time.

 

9.         Beatty Park Leisure Centre – Financial Position Report (Note 9 Page 82)

 

As at 30 September 2018 the operating deficit for the centre was $380,659 in comparison to the year to date budgeted deficit of $778,286. However it should be noted that depreciation has not been allocated for September 2018 and that this will make a material difference.

 

The cash position showed a current cash deficit of $380,659 in comparison to the year to date budget estimate of a cash deficit of $488,000.

 

10.       Explanation of Material Variances

 

All material variances as at 30 September 2018 have been detailed in the variance comments report in Attachment 1.

 

The materiality thresholds used for reporting variances are 10% and $20,000. This means that variances will be analysed and separately reported when they are more than 10% (+/-) of the year to date budget, where that variance exceeds $20,000 (+/-). This threshold was adopted by Council as part of the budget adoption for 2018/19 and is used in the preparation of the statements of financial activity when highlighting material variance in accordance with Financial Management Regulation 34(1) (d).

Consultation/Advertising:

Not applicable.

Legal/Policy:

Section 6.4 of the Local Government Act 1995 requires a local government to prepare an annual financial report for the preceding year and such other financial reports as are prescribed.

 

Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996 requires the local government to prepare each month, a statement of financial activity reporting on the source and application of funds as set out in the adopted Annual Budget.

 

A statement of financial activity and any accompanying documents are to be presented at an Ordinary Meeting of the Council within two months after the end of the month to which the statement relates.

 

Section 6.8 of the Local Government Act 1995, specifies that a local government is not to incur expenditure from its Municipal Fund for an additional purpose except where the expenditure is authorised in advance by an absolute majority decision of Council.

Risk Management Implications:

Low:    Provision of monthly financial reports fulfils a statutory requirement.

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:

Not applicable.

Comments:

All expenditure included in the Financial Statements is incurred in accordance with Council’s adopted budget.


Ordinary Council Meeting Agenda                                                                  16 October 2018

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

TRIM Ref:                  D18/82872

Authors:                   Meluka Bancroft, A/Manager Governance and Risk

Karen Balm, Senior Community Partner

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             Nil

 

Recommendation:

That Council:

1.       APPROVES the variation of North Perth Tennis Club Inc.’s lease dated 7 July 2009 of the tennis club and courts located at Woodville Reserve, 10 Farmer Street, North Perth, as follows:

1.1     Delete Item 12 in the Information Table:

Special Conditions – Sinking Fund

The Lessee shall make quarterly contributions to a sinking fund to be applied toward future court replacement. These payments shall be $1,000 per quarter. Interest earned on the deposited funds shall accumulate in the sinking fund, for the benefit of the lessee.”

2.       APPROVES the variation of the Leederville Tennis Club Inc.’s lease dated 12 January 2005 of the tennis club and courts located at 150 Richmond Street, Leederville, as follows:

2.1     Delete Special Condition (1) on page 11:

Sinking Fund

The Lessee shall make quarterly contributions to a sinking fund to be applied towards the eventual redevelopment or replacement of the water bore and/or pump. These payments shall be $176.08 per quarter. Interest earned on the deposited funds shall accumulate in the sinking fund, for the benefit of the lessee.”

3.       APPROVES BY ABSOLUTE MAJORITY, in accordance with section 6.8(1) of the Local Government Act 1995, the unbudgeted expenditure from the following Reserve accounts:

North Perth Tennis Club Reserve - $47,992 excl GST; and

Leederville Tennis Club Reserve - $11,581 excl GST;

to enable the clubs to spend the funds at their discretion, subject to the clubs acknowledging that they are responsible for the cost of future court replacement (North Perth Tennis Club Inc) and future water bore and/or pump redevelopment or replacement (Leederville Tennis Club Inc);

4.       SUBJECT to final satisfactory negotiations being carried out by the Chief Executive Officer, AUTHORISES the Mayor and Director Corporate Services, to affix the common seal and execute the variation of leases in clause 1. and 2. above; and

5.       ADVISES the Leederville Tennis Club Inc and North Perth Tennis Club Inc that the funds as specified in 3. above can be spent at their discretion, subject to any expenditure on asset maintenance or capital works receiving the prior written approval of the City.

6.       NOTES that the North Perth Tennis Club Inc is proposing to resurface its hardcourts in 2019 and the estimated cost is $20,000 and ADVISES the North Perth Tennis Club Inc that it is responsible for this cost. 

 

Purpose of Report:

To consider the requests from the North Perth Tennis Club and Leederville Tennis Club for the funds held in the City’s North Perth Tennis Club Reserve and Leederville Tennis Club Reserve accounts to be returned to the clubs, and the leases varied to remove any future obligation for the clubs to contribute to the Reserves.

Background:

North Perth Tennis Club

 

The North Perth Tennis Club currently occupies the tennis courts and clubrooms located at Woodville Reserve, 10 Farmer Street, North Perth, as a monthly tenant pursuant to the holding over provision (clause 14) of the lease dated 7 July 2009 (NPTC Lease). The North Perth Tennis Club continues to pay an annual rent of $980 including GST. The tennis clubrooms is a brick building dating from the 1960’s which also comprises the Multicultural Services Centre of WA’s wellness centre. The Lease expired on 31 March 2016 and Council approved a new lease at its Ordinary Meeting of Council of 7 October 2014 (Item 9.3.2), commencing on 1 April 2015, on the following terms: 

 

1.1     Term:                    five (5) years plus five (5) year option;

1.2     Rent:                     $1,000 per annum plus GST indexed to CPI;

1.3     Outgoings:            to be paid by the Lessee;

1.4     Rates and Taxes:   to be paid by the Lessee;

1.5     Permitted Use:      Sporting Facility; and

1.6     Sinking Fund:        $1,000 per quarter.

 

The City has been in protracted negotiations with the North Perth Tennis Club Inc since 2015 in respect to the finalisation of the lease approved by Council. The negotiations are currently on hold due to negotiations with the state association, Tennis West, and are pending the finalisation of Tennis West’s Strategic Facilities Plan, which is currently in draft format. Administration will take into consideration the recommendations of the plan before continuing negotiations with the North Perth Tennis Club in respect to the new lease.

 

The NPTC Lease provides at Item 12 of the Information Table that the lessee shall make quarterly contributions to a sinking fund to be applied towards future court replacement. The North Perth Tennis Club has made quarterly contributions in accordance with the Lease since 1 April 2009. The City created the North Perth Tennis Club Reserve in accordance with section 6.11 of the Local Government Act 1995 and the contributions received are held in this account. The current balance as at 1 July 2018 is $47,992 excl GST.

 

The NPTC Lease does not expressly provide whether the lessee or lessor is responsible for future court replacement.  Given the exclusive benefit the club members have to use the courts it can be implied that the onus would be on the club to fund any future court replacement. The fact that the NPTC Lease requires the club to contribute to a sinking fund for the purpose of the court replacement does not shift this implied responsibility, and should be viewed as a mechanism to force the clubs to save for the future court replacement. Consequently, regardless of whether the funds remain in the City’s North Perth Tennis Reserve, the club will be responsible for the cost of the replacement of the courts, if deemed necessary by the club. The NPTC is proposing to resurface the hard courts in 2019/20 and the estimated cost is $20,000 and has been formally advised it will be responsible for the cost of doing so.

 

Leederville Tennis Club

 

The Leederville Tennis Club has occupied the tennis clubrooms and tennis courts, which they constructed, at 150 Richmond Street, Leederville since 1924. The Leederville Tennis Club currently occupies the club as a monthly tenant pursuant to the holding over provision of the lease dated 12 January 2005, which expired on 31 August 2014 (LTC Lease). The Leederville Tennis Club currently pays a peppercorn rent.

 


 

At the Ordinary Meeting of Council of 23 September 2014 Council approved a new lease to the LTC on the following key terms: 

 

1.1       Term:                                  five (5) years plus x2 five (5) year options;

1.2       Rent:                                   $1,025 per annum Incl. GST indexed to CPI;

1.3       Outgoings:                          to be paid by the Lessee;

1.4       Rates and Taxes:                 to be paid by the Lessee;

1.5       Permitted Use:                     Sporting Facility; and

1.6       Sinking Fund:                      $176.08 per quarter.

 

As with the North Perth Tennis Club, the City has been in protracted negotiations with the Leederville Tennis Club in respect to the finalisation of the lease as approved by Council. The negotiations are currently on hold pending the finalisation of Tennis West’s Strategic Facilities Plan.

 

The LTC Lease provides at special condition (1) that the lessee must make quarterly contributions to a sinking fund to be applied towards the eventual redevelopment or replacement of the water bore and/or pump. The Leederville Tennis Club has made quarterly contributions in accordance with the LTC Lease since the lease commenced on 12 January 2005, and the current balance of the Leederville Tennis Club Reserve as at 1 July 2018 is $11,581 excl GST. This balance takes into account a withdrawal of $5,283.74 from the Leederville Tennis Club Reserve in 2018/19 (as part of the budget process) to fund the replacement of the bore motor which the club organised in late 2017/18.

 

The LTC lease provides at page 7 that the “lessee must at all times maintain all pumps, pressure units and equipment used in connection with or ancillary to any sewerage apparatus or any bore or other water supply source in sound and functional order and condition.” While the LTC Lease does not expressly provide that the club is responsible for the eventual replacement or redevelopment of the bore and pump, as the members exclusively benefit from the bore it can be implied that the club would be responsible to fund the eventual replacement or redevelopment.

 

The fact that the LTC Lease requires the club to contribute to a sinking fund for the purpose of the eventual bore or pump replacement or development can be viewed as a mechanism of forced saving, as opposed to a transfer of responsibility. On this basis, regardless of whether the funds remain in the Leederville Tennis Reserve, the club will be responsible for the cost of the future bore and/or pump replacement of redevelopment, if required.

Details:

There is no documented justification for the calculation of the quarterly contributions towards the sinking funds and whether the contributions relate to the eventual cost of the replacement and the expected life of the component. The details of the contributions and the replacement costs are set out below:

 

Club

Current contributions per annum (excl GST)

Current balance as at 1 July 2018 (excl GST)

Replacement cost

Leederville Tennis Club – bore motor / pump replacement (installed 1981)

$975

$11,581

$35,000 for new bore, $15,000 for new pump

North Perth Tennis Club – court replacement

$4,675

$47,992

$13,500 per court

(4 hard courts)

 

Given the age of the bore at the Leederville Tennis Club it is expected that it is close to its end of life. In April 2018 the bore motor failed and was replaced by the Leederville Tennis Club. The funds have been withdrawn from the Leederville Tennis Club Reserve to cover the cost. It is expected that the bore will operate for several further years before the motor requires replacement.

 

As stated above, the current leases include no express responsibility for the works the subject of the respective sinking funds. Administration’s view is that as the facilities provide an exclusive benefit to the members, these works should be funded by the clubs. This entails that if the bore/ pump fails or courts require replacement, the clubs will need to organise and fund the work, and can draw on the funds held in the respective Reserve accounts. Returning the funds from the Reserve accounts to the clubs will not shift this responsibility.

 

The clubs have requested that the funds held in the respective Reserve accounts are returned to enable the funds to be invested and spent at each club’s discretion. As stated above, the NPTC is proposing to resurface its hardcourts in winter 2019 and confirmed by email on 3 October 2018 that it would draw on the funds returned from the Reserve account to fund the resurfacing.

 

Tennis West, the governing body for tennis in Western Australia, is currently developing a ten year plan that aims to guide the future development and enhancement of tennis facilities and related infrastructure across the state. The plan will identify facility gaps and future development priorities to meet the current and future demand for tennis, and ensure the long term sustainability of venues and clubs.

 

As the plan is currently in draft format, Administration strongly recommends that prior to both Leederville and North Perth Tennis clubs expending funds on capital upgrades, discussions are held with Tennis West to ensure the returned funds are used appropriately and align with the outcomes of the strategic facilities plan.

 

Both clubs, in accordance with the terms and conditions of their current lease, are still required to obtain permission from the City (as the lessor) prior to any alterations to their premises, including, but not limited to, capital works. Therefore the City can ensure that any capital works proposed by the clubs align with the strategic facilities plan.

 

In order for the funds to be returned it is necessary for Council to approve the unbudgeted expenditure and also for the leases to be varied to remove the obligation for each club to make quarterly contributions towards a sinking fund. Administration recommends that this occurs, subject to the clubs acknowledging that they are responsible for the works.

Consultation/Advertising:

Administration has met with both clubs in respect to the return of the funds held in the respective Reserve accounts. Both clubs have requested the return of the funds so that they can invest and spend the funds at their discretion, and acknowledge that the clubs are responsible for funding any future bore or motor replacement or court replacement.

Legal/Policy:

The Local Government Act 1995 (Act) governs the creation of Reserve accounts and expenditure from these accounts. Section 6.11 provides:

 

(1)     Subject to subsection (5), where a local government wishes to set aside money for use for a purpose in a future financial year, it is to establish and maintain a Reserve account for each such purpose.”

 

Section 6.8 provides that:

 

(1)       A local government is not to insure expenditure from its municipal fund for an additional purpose except where the expenditure –

 

(a)    Is incurred in a financial year before the adoption of the annual budget by the local government; or

(b)    Is authorised in advance by resolution*; or

(c)    Is authorised in advance by the mayor or president in an emergency.

 

*absolute majority required

 

(1a)      In subsection (1) –

 

Additional purpose means a purpose for which no expenditure estimate is included in the local government’s annual budget.

 

(2)        Where expenditure has been incurred by a local government –

(a)    pursuant to subsection (1)(a), it is to be included in the annual budget for the financial year; and

(b)    pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of council.”

Risk Management Implications:

Medium:      The leases both provide that the clubs contribute to sinking funds for the purposes of, respectively, eventual bore motor or pump replacement and court replacement. Returning the funds held in the Reserve accounts to the clubs will enable the clubs to independently manage their finances, which aligns with the City’s objective of assisting clubs to operate sustainably and self-sufficiently. As the clubs have acknowledged responsibility for the works it is clear that the City has no responsibility to fund these works in the future.    

Strategic Implications:

In accordance with the objectives of the City’s Strategic Community Plan 2013-2023:

 

“2.1.3    Develop business strategies that reduce reliance on rates revenue

 

(c)        Continue to review leases and commercial contracts to ensure the best return for the City, whilst being cognisant of its community service obligations.

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

 

(a)        Build the capacity of individuals and groups within the community to initiate and manage programs and activities that benefit the broader community, such as the establishment of “men’s sheds”, community gardens, toy libraries and the like.

 

4.1.2     Manage the organisation in a responsible, efficient and accountable manner

 

(a)        Continue to adopt best practise 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:

The current balances, as at 1 July 2018, of the two Reserve funds are:

 

·       North Perth Tennis Club Reserve - $47,992 excl GST

·       Leederville Tennis Club Reserve - $11,581 excl GST

 

The proposed return of the funds held in the Leederville Tennis Club and North Perth Tennis Club Reserve accounts is unbudgeted expenditure and therefore in accordance with section 6.8(1) of the Act, Council approval (absolute majority) is required.

Comments:

The Clubs have requested the return of the funds held in the Reserve accounts to enable their own independent management and expenditure of the funds. Administration supports the withdrawal of the funds from the Reserve accounts and return to the clubs provided that the clubs acknowledge that pursuant to the current leases the clubs will be responsible for funding the bore motor and pump replacement and court replacement in the future.

 

It is noted that Administration and Tennis West are currently reviewing tennis club leases and can currently make no commitment in respect to the future use of the respective tennis clubs and terms of future leases, if granted. On this basis it is recommended that the funds are returned so that the funds can be spent by the clubs at their discretion, for the benefit of the club members. It is necessary for the leases to be varied to remove the obligation for the clubs to make quarterly contributions to a sinking fund, and therefore a deed of variation of lease will be required for each lease to delete the respective clauses. Once the deed of variation of lease is duly signed and sealed by all parties the clubs contributions will cease and the funds held in the two Reserve accounts can be returned as a lump sum payment.  


Ordinary Council Meeting Agenda                                                                  16 October 2018

11.6        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.  

 


Ordinary Council Meeting Agenda                                                                  16 October 2018

11.7        Reallocation of 2018/19 Budget Funds - Leederville Town Centre Shared Space

TRIM Ref:                  D18/146730

Authors:                   Meluka Bancroft, A/Manager Governance and Risk

Stephanie Smith, Manager Policy and Place

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Concept designs of Leederville Shared Space   

 

Recommendation:

That Council:

1.       APPROVES BY AN ABSOLUTE MAJORITY the reallocation of $135,000 $160,000 within the 2018/19 budget towards the construction of the Leederville Town Centre Shared Space, corner of Newcastle and Oxford Streets, Leederville; and

2.       NOTES the following budget adjustments to facilitate 1. above:

 

From

To

Existing Budget Item: Recycling Expenditure (Opex)

$160,000

 

Existing Budget Item: Oxford/Newcastle Sts Shared Space (Capex)

 

$160,000

 

Purpose of Report:

To consider approving a budget adjustment to enable operational funds previously allocated in the 2018/19 budget for recycling expenditure to be reallocated to the construction of the Oxford/Newcastle Streets Shared Space (Leederville Town Centre Shared Space Project capital expenditure account).

Background:

In February 2018, the City commenced a trial involving relocation of the Leederville Taxi Zone adjacent to the Leederville Hotel and introduction of pick up/set down bays for ride share management. The area adjacent to the Leederville Hotel was then used as temporary alfresco dining.  The trial period was intended to determine the impacts of the Taxi Zone relocation and community consultation was undertaken in September 2018 to determine the community’s perception and views.  The outcomes of the trial and community consultation results are being presented to Council for consideration as a standalone report in October 2018.

 

Concurrently, an amount of $150,000 was included in the 2018/19 budget for the creation of a shared space at the intersection of Newcastle and Oxford Streets.  This shared space with at grade paving would provide a pedestrian friendly environment while still enabling normal functionality for vehicles travelling along Newcastle and Oxford Streets, and would also provide an area for events throughout the year supported by temporary road closures.  The $150,000 budget included $115,000 municipal funds and $35,000 external contributions based on dialogue with Leederville Connect and local business.

Details:

Administration has prepared more advanced concept designs for the Leederville Town Centre Shared Space (Attachment 1) based upon further site investigations and discussions with Leederville Connect.  This includes extending the shared space to the intersection of Newcastle Street and Carr Place which will deliver significant benefits including additional capacity for activation such as market stalls and alfresco dining, and enable improved pedestrian movement.  The revised estimated construction cost for the extended Leederville Town Centre Shared Space is $275,000 $250,000, and therefore an additional $125,000 $100,000 will be required to deliver the project.

 

Furthermore, upon progressing discussions with Leederville Connect and local business it has been identified that any external contributions will remain conditional upon a formal agreement including prioritised access to the Shared Space.  While such a condition may be considered reasonable in return for a capital contribution it is Administration’s preference that the project be completed without any such agreement or associated conditions.  Therefore, it is proposed that a further $60,000 $35,000 be allocated to deliver the Shared Space project through solely municipal funds.  This will require a total of $160,000 $135,000 to be reallocated towards the project from within the 2018/19 budget.  

 

Through a recent tender process this financial year The City recently went out to market to engage a new waste contractor and this process has resulted in the City entering into a new waste contract which is estimated to deliver savings of approximately $300,000 in comparison with the 2018/19 budget for Recycling expenditure. On this basis Administration proposes that $160,000 be reallocated from the Recycling expenditure budget item to fund the Leederville Town Centre Shared Space Project.

 

Administration notes a holistic review of budget forecasts is being completed in 2018, which may result in further savings being identified across the City-wide budget. Discussions will be held with Council on any further reallocations of budget that may be appropriate as part of that process.

Consultation/Advertising:

Administration will consult with local businesses and affected residents within the Leederville Town Centre prior to implementation of the Shared Space project.

Legal/Policy:

Pursuant to section 2.7(2)(a) of the Local Government Act 1995 (Act) Council’s role includes to oversee the allocation of the local government’s finances and resources. Therefore it is necessary for Council to approve the reallocation of funds within the budget. Section 6.2(1) of the Act provides that the adoption of a budget requires an absolute majority decision of Council.

 

Under section 6.8(1) of the Local Government Act 1995 a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure –

 

(a)  Is incurred in a financial year before the adoption of the annual budget by the local government; or

(b)  Is authorised in advance by resolution*; or

(c)  Is authorised in advance by the Mayor or President in an emergency

 

* Absolute majority required.

Risk Management Implications:

Low:            The new waste contract is estimated to deliver savings of approximately $300,000 in comparison with the 2018/19 budget for Recycling expenditure. Therefore reallocating $160,000 from the Recycling budget to the Leederville Shared Space budget to enable the extended version of the project to proceed has low risks for the City. The City has accepted the Tender and entered into a new waste contract, and therefore has identified actual cost savings within the 2018/19 budget that can be utilised for the Shared Space project.  

Strategic Implications:

This project aligns with the following objectives within the City’s Strategic Community Plan 2013-2023:

 

Natural and Built Environment

 

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

 

Community Development and Wellbeing

 

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

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The total project cost for the Leederville Town Centre Shared Space Project will be $250,000 $275,000, comprising $115,000 from the existing 2018/19 budget allocation and $135,000$160,000 from the Recycling expenditure budget reallocation.

Comments:

The revised Leederville Town Centre Project will deliver an improved outcome for local business and community, and the overall town centre streetscape.  Through the identification of available funding within the existing 2018/19 budget Administration can proceed with project planning and seek to deliver the Shared Space prior to the Leedypalooza and Leedy Streets Open events in early 2019.  By solely funding the project the City will retain complete control on management and use of the space.  It is recommended that Council approve the proposed reallocation of funds to enable the project to be completed this financial year.   


Ordinary Council Meeting Agenda                                                                  16 October 2018

12          Community Engagement

12.1        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

 

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.


Ordinary Council Meeting Agenda                                                                  16 October 2018

12.2        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:

1.   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;

2.   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/childrens 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 childrens 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