4.1          Cr Jonathon Hallett requested a leave of absence from 21 December 2018 to 18 January 2019 due to personal commitments.

Council Decision

Moved: Cr Castle, Seconded: Cr Gontaszewski

That Cr Hallett request for leave of absence be approved.

Carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision

Moved: Cr Harley, Seconded: Cr Hallett

That the minutes of the Ordinary Council Meeting held on 13 November 2018 be confirmed.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision

Moved: Cr Castle, Seconded: Cr Gontaszewski

That the minutes of the Special Council Meeting held on 3 December 2018 be confirmed.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

COUNCIL MEMBER

ITEMS TO BE DISCUSSED

Cr Harley

11.5

Council Decision

Moved: Cr Harley, Seconded: Cr Fotakis

That the following unopposed items be adopted “En Bloc”, as recommended:

Items 9.5, 9.8, 10.2, 10.4, 11.1, 11.2, 11.3, 11.4, 11.7, 13.2, 13.3 and 13.5

Carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.5          No. 157 (Lot: 17; D/P: 1509) Loftus Street, Leederville - Proposed Four Dwellings (Multiple)

TRIM Ref:                  D18/176382

Authors:                   Andrea Terni, Urban Planner

Mitchell Hoad, 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 - Development Application Supporting Information  

4.       Attachment 4 - Summary of Submissions  

5.       Attachment 5 - Applicant's Response to Submissions  

6.       Attachment 6 - Department of Planning comments  

7.       Attachment 7 - Design Review Panel comments  

8.       Attachment 8 - Sustainable Design Assessment Report  

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 development application for Four Dwellings (Multiple) at No. 157 (Lot: 17; D/P: 1509) Loftus Street, Leederville in accordance with the plans shown in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 9:

1.       Landscaping

1.1     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; and

·       Areas to be irrigated or reticulated; and

·       The location of canopy cover at maturity equating to no less than 30 percent of the site;

1.2     All works shown in the plans as identified in Condition 1.1 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;

2.       Schedule of External Finishes

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

3.       Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary walls in a good and clean condition prior to the occupation or use of the development and thereafter to the satisfaction of the City;

4.       External Fixtures

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

5.       Stormwater

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

6.       Access

Prior to the first occupation of the development, the full length and width of the adjacent Right of Way shall be sealed and drained in accordance with the City’s specification at the full cost of the develop;

7.       Acoustic Report

An Acoustic Report shall be prepared and approved by the City prior to the lodgement of a building permit application, in accordance with the City’s Policy No. 7.5.21 relating to Sound Attenuation. The recommended measures of the acoustic report shall be implemented and certification provided by an acoustic consultant that the measures have been undertaken, prior to the first occupation of the development;

8.       Construction Management Plan

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

9.       Environmentally Sustainable Design

Prior to the issuing of an Occupancy Permit, the Applicant must implement the recommendations of the submitted Sustainable Design Assessment Report. All initiatives must be maintained for the duration of the development, to the satisfaction of the City; and

10.     General

The obligation to comply with the requirements of a time limited condition continues whilst the approved development exists.

Council Decision Item 9.5

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.8          Small Business Friendly Local Governments Charter

TRIM Ref:                  D18/165760

Author:                     Gerrad Gibson, Heritage Officer

Authoriser:                Jordan Koroveshi, Coordinator Policy & Place

Attachments:             1.       Attachment 1 - Small Business Friendly Local Governments Charter  

2.       Attachment 2 - Small Business Friendly Local Governments Brochure  

3.       Attachment 3 - Small Business Friendly Local Governments Reporting Template   

Recommendation:

That Council AGREES to:

1.       the terms outlined in the Small Business Friendly Local Governments Charter; and

2.       implement the Small Business Friendly Local Governments initiative.

Council Decision Item 9.8

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

10.2        Tender No. 561/18 - North Perth Common Construction – Appointment of a Successful Tenderer

TRIM Ref:                  D18/159245

Author:                     Tahnee Bunting, Place Manager

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Tender Evaluation and Pricing Schedule – Confidential

Recommendation:

That Council ACCEPTS the tender submitted by BOS Civil for Tender No. 561/18 for the North Perth Common Construction.

Council Decision Item 10.2

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

10.4        Waste Strategy Project 1 – Recovery of Organic Material – Food and Greens Options Appraisal

TRIM Ref:                  D18/177448

Author:                     Yvette Plimbley, Manager Waste and Recycling

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Options - Advantages and Disadvantages   

Recommendation:

That Council:

1.       SUPPORTS in principle the future adoption of a three bin Food Organics/Garden Organics (FOGO) system for the City of Vincent in line with the draft State Waste Strategy;

2.       REQUESTS:

2.1     Administration to prepare a comprehensive business case for implementation of a three bin Food Organics/Garden Organics (FOGO) system to be presented to Council in March 2019;

2.2     Administration to prepare a consultation plan to seek community input on the future adoption of a FOGO system;

2.3     Administration to investigate external funding options to support the adoption of a FOGO system including through the Waste Authority’s Better Bins Program; and

2.4     further financial modelling to be presented to Council on the implications of the adoption of a FOGO system.

Council Decision Item 10.4

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

11.1        Investment Report as at 30 November 2018

TRIM Ref:                D18/186972

Author:                     Sheryl Teoh, Accountant

Authoriser:             Kerryn Batten, Director Corporate Services

Attachments:          1.       Investment Report   

Recommendation:

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

Council Decision Item 11.1

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

11.2        Authorisation of Expenditure for the Period 17 October 2018 to
13 November 2018

TRIM Ref:                D18/175206

Author:                     Nikki Hirrill, Accounts Payable Officer

Authoriser:             Kerryn Batten, Director Corporate Services

Attachments:          1.       Payments by EFT and BPAY November 18  

2.       Payments by Cheque November 18  

3.       Payments by Credit Card November 18   

Recommendation:

That Council RECEIVES the list of accounts paid under delegated authority for the period 17 October 2018 to 13 November 2018 as detailed in attachment 1, 2 and 3 as summarised below:

Council Decision Item 11.2

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

11.3        Financial Statements as at 31 October 2018

TRIM Ref:                  D18/178449

Author:                     Nilesh Makwana, Accounting Officer

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Financial Statements as at 31 October 2018   

Recommendation:

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

Council Decision Item 11.3

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

11.4        Financial Statements as at 30 November 2018

TRIM Ref:                  D18/188469

Author:                     Nilesh Makwana, Accounting Officer

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Financial Statements as at 30 November 2018   

Recommendation:

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

Council Decision Item 11.4

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

11.7        Lease of 15 Haynes Street, North Perth to North Perth Playgroup Inc.

TRIM Ref:                  D18/179853

Authors:                   Kara Davies, Administration Officer Corporate Services

Meluka Bancroft, A/Manager Governance and Risk

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Plan of North Perth Playgroup location and lease area   

Recommendation:

That Council:

1.       APPROVES a new lease of a portion of the building at 15 Haynes Street, North Perth to North Perth Playgroup Inc., commencing on 1 January 2019, on the following key terms:

1.1     Term:                             Two years, six months, commencing 1 January 2019;

1.2     Permitted purpose:        playgroup activities;

1.3     Rent:                              $952.24 including GST (indexed by CPI on 1 July);

1.4     Rates & Taxes:               payable by the lessee (including ESL and bin charge);

1.5     Outgoings:                     payable by the lessee;

1.6     Insurance:                      lessee to effect and maintain public liability insurance;

1.7     Indemnity:                     lessee indemnifies the lessor against loss / damage / claims;

1.8     Repainting:                    at the lessee’s discretion;

1.9     Repair & maintenance:  lessee to keep premises and fittings & fixtures clean and in good                              repair, and repair any damage caused by lessee or due to fair                                     wear and tear (unless major structural damage);

1.10   Structural damage:        if damage renders premises unsafe / unfit for occupation, lease                                will terminate and no compensation will be payable to lessee;

1.11   Shared use:                   lessee can hire premises to community groups when not in use,                               and charge fee’s consistent with fees in City’s Schedule of Fees                                 and Charges; and

1.12   Termination:                  by mutual agreement or by lessor if default occurs.

2.       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 lease in 1 above.

Council Decision Item 11.7

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

13.2        Leederville Gardens Inc. - Adoption of new rules of the Association

TRIM Ref:                  D18/179319

Author:                     John Paton, Manager - Office of the CEO

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Leederville Gardens Inc. Constitution  

2.       Leederville Gardens Inc. - Draft Rules/Constitution 2018   

Recommendation:

That Council:

1.       CONSENTS to the new Rules of the Leederville Gardens Inc. as detailed in Attachment 2 and as approved by special resolution of the members of the Association on Friday 7 December 2018; and

2.       ADVISES the Board of Management of Leederville Gardens Inc. of its decision in 1 above.

Council Decision Item 13.2

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

13.3        Audit Committee Minutes and Annual Financial Report 2017/2018

TRIM Ref:                  D18/179075

Author:                     Meluka Bancroft, A/Manager Governance and Risk

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Unconfirmed Minutes of the Audit Committee Meeting - 30 October 2018  

2.       Annual Financial Report (audited) for year ended 30 June 2018   

Recommendation:

That Council:

1.       RECEIVES the unconfirmed Minutes of the Audit Committee meeting held on 30 October 2018, as shown in Attachment 1;

2.      ACCEPTS the Annual Financial Report for the City of Vincent for the year ended 30 June 2018 and the associated Auditor’s Report, as shown in Attachment 2.

Council Decision Item 13.3

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

13.5        Information Bulletin

TRIM Ref:                  D17/177334

Author:                     Emma Simmons, Governance and Council Support Officer

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Minutes of the Environmental Advisory Group Meeting held on 6 August 2018  

2.       Minutes of the Design Review Panel Meeting held on 17 October 2018  

3.       Tamala Park Regional Council Minutes of Meeting held on 18 October 2018  

4.       Minutes of the Children and Young People Advisory Group Meeting held on 22 October 2018  

5.       Unconfirmed Minutes of the Reconciliation Action Plan Working Group held on 29 October 2018  

6.       Unconfirmed Minutes of the Arts Advisory Group held on 1 November 2018  

7.       Minutes of the Design Review Panel Meeting held on 14 November 2018  

8.       Mindarie Regional Council Minutes of Meeting held on 25 October 2018  

9.       Minutes of the Business Advisory Group Meeting held on 8 November 2018  

10.     Parking Infringement Write-Offs Under Delegated Authority - 1 July 2017 to 30 June 2018  

11.     Statistics for Development Applications as at end of November 2018  

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

13.     Register of State Administrative Tribunal (SAT) Appeals – Progress Report as at 5 December 2018  

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

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

16.     Register of Petitions - Progress Report - December 2018  

17.     Register of Notices of Motion - Progress Report - December 2018  

18.     Register of Reports to be Actioned - Progress Report - December 2018  

19.     Street Tree Removal Information  

20.     Unconfirmed Minutes of the Urban Mobility Advisory Group held on 19 November 2018  

21.     Report on the Waste Strategy Summit 2018   

Recommendation:

That Council RECEIVES the Information Bulletin dated December 2018.

Council Decision Item 13.5

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation be adopted.

Carried Unanimously “En Bloc” (7-0)

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.9          No. 21 (Lot: 22; D/P: 1477) Vincent Street, Mount Lawley - Amendment to Development Approval for Alterations and Additions to existing Consulting Rooms and a proposed Single House

TRIM Ref:                  D18/149330

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 Documentation and Plans dated 23 February 2015  

3.       Attachment 3 - Development Plans  

4.       Attachment 4 - Written Submission  

5.       Attachment 5 - Parking Survey and Parking Management Plan  

6.       Attachment 6 - Heritage Impact Statement and Response from Design Review Panel  

7.       Attachment 7 - Summary of Submissions and Administration Response  

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

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 to amend a development approval for Alterations and Additions to existing Consulting Rooms and a proposed Single House at No. 21 (Lot: 22; D/P: 1477) Vincent Street, Mount Lawley, in accordance with the plans shown in Attachment 3 dated 23 July 2018 and 22 October 2018, subject to the following conditions, with the associated determination advice notes in Attachment 9:

1.       All conditions and advice notes detailed on development approval 5.2014.656.1 granted on 23 February 2015 and included in Attachment 2 continue to apply to this approval, except as follows:

1.1     Condition 3.1 (cash in lieu of car parking) is removed;

1.2     Condition 3.2 is amended to read as follows:

3.2     Prior to occupation/use of the development, a minimum of three bicycle parking bays, in the form of two (2) Class 3 bicycle bay facilities for the Commercial component shall be provided. Bicycle bays must be provided at a location convenient to the entrance, publically accessible and within the development. The bicycle facilities shall be designed in accordance with AS2890.3;

1.3     A new condition 10 is imposed to read as follows:

10.     Landscaping

10.1   A detailed landscape and reticulation plan for the development site and adjoining road verge to the City’s satisfaction is to 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, based on the City’s tree selection tool and to maximise the provision of canopy cover; and

·        Areas to be irrigated or reticulated;

10.2   All works shown in the plans as identified in Condition 10.1 shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to completion of development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;

1.4     A new Condition 2.4 is imposed to read as follows:

11.     The Consulting Rooms shall not accommodate more than two clients on-site being treated by the two health practitioners at any given time;

1.5     A new Condition 2.5 is imposed to read as follows:

12.     Appointments with each health practitioner shall be scheduled no less than 10 minutes apart to avoid the overlap of clients on site;

1.6     A new Condition 11 is imposed to read as follows:

13.     The obligation to comply with the requirements of a time limited condition continues whilst the approved development exists;

1.7     A new Condition 12 is imposed to read as follows:

14.     This approval is valid for two years from the date of this approval; and

1.8     Condition 4.1 (Terrace Roofing) is removed.

Council Decision Item 9.9

Moved: Cr Topelberg, Seconded: Cr Gontaszewski

That the recommendation be adopted.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.4          No. 108 (Lot: 3; D/P: 3110) Vincent Street, North Perth - Change of Use from Single House to Unlisted Use (Millinery)

TRIM Ref:                  D18/164405

Author:                     Stephanie Norgaard, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map  

2.       Attachment 2 - Development Plans  

3.       Attachment 3 - Statement of Use  

4.       Attachment 4 - Car Parking Management Plan  

5.       Attachment 5 - Summary of Submissions  

6.       Attachment 6 - Determination Advice Notes   

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for a proposed Change of Use from Single House to Unlisted Use (Millinery) at No. 108 (Lot: 3; D/P: 3110) Vincent Street, North Perth, in accordance with the plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 6:

1.       Use of Premises

1.1     This approval relates to a Change of Use from ‘Single House’ to ‘Unlisted Use (Millinery)’ on the approved plans dated 9 May 2018. It does not relate to any other development on the site;

1.2     A maximum of one employee and three customers shall occupy the building at any one time; and

1.3     The hours of operation for the ‘Unlisted Use (Millinery)’ shall be limited to between 9:00am and 5:00pm, Monday to Friday;

2.       Car Parking and Access

A minimum of one car bay shall be provided for the exclusive use of the Unlisted Use (Millinery);

3.       Signage

A maximum of one external sign is permitted, which shall not exceed 0.5 square metres in area; and

4.       General

The obligation to comply with the requirements of a time limited condition continues whilst the approved development exists.

Moved: Cr Topelberg, Seconded: Cr Gontaszewski

That the recommendation be adopted.

Proposed Amendment 1

Moved: Cr Topelberg, Seconded: Cr Harley

That condition 3 be amended as follows:

3.       Signage

A maximum of one external sign is permitted, which shall not exceed 0.5 square metres in area; and Signage does not form part of this development approval and any signage on this site would require development approval;

Amendment 1 lost (0-7)

For:             Nil

Against:      Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Proposed Amendment 2

Moved: Cr Topelberg, Seconded: Cr Harley

That condition 3 be amended as follows:

3.       Signage

A maximum of one external sign is permitted, which shall not exceed 0.5 square metres in area. The design and location of any proposed signage is to be endorsed by the City prior to installation; and

Amendment 2 carried (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil.

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision Item 9.4

Moved: Cr Topelberg, Seconded: Cr Gontaszewski

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 a proposed Change of Use from Single House to Unlisted Use (Millinery) at No. 108 (Lot: 3; D/P: 3110) Vincent Street, North Perth, in accordance with the plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 6:

1.       Use of Premises

1.1     This approval relates to a Change of Use from ‘Single House’ to ‘Unlisted Use (Millinery)’ on the approved plans dated 9 May 2018. It does not relate to any other development on the site;

1.2     A maximum of one employee and three customers shall occupy the building at any one time; and

1.3     The hours of operation for the ‘Unlisted Use (Millinery)’ shall be limited to between 9:00am and 5:00pm, Monday to Friday;

2.       Car Parking and Access

A minimum of one car bay shall be provided for the exclusive use of the Unlisted Use (Millinery);

3.       Signage

A maximum of one external sign is permitted, which shall not exceed 0.5 square metres in area. The design and location of any proposed signage is to be endorsed by the City prior to installation; and

4.       General

The obligation to comply with the requirements of a time limited condition continues whilst the approved development exists.

carried Unanimously (6-1)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett and Cr Topelberg

Against:      Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

12.1        Draft Banks Reserve Master Plan - Public Comment Feedback

TRIM Ref:                  D18/164486

Author:                     Philippa Baker, Community Projects Officer

Authoriser:                Michael Quirk, Director Community Engagement

Attachments:             1.       Banks Reserve Master Plan  

2.       Banks Reserve Master Plan Design Guidelines   

Recommendation:

That the Council:

1.       NOTES the public comment submissions received in relation to the draft Banks Reserve Master Plan;

2.       ADOPTS the Banks Reserve Master Plan and associated Design Guidelines as shown in Attachments 1 and 2; and

3.       AUTHORISES Administration to consult with the Whadjuk Working Party and other relevant stakeholders regarding the potential renaming of Banks Reserve in accordance with the Policies and Standards for Geographical Naming in Western Australia.

Moved: Cr Gontaszewski, Seconded: Cr Topelberg

That the recommendation be adopted.

Council Decision Item 12.1

PROCEDURAL MOTION

Moved: Cr Harley, Seconded: Cr Gontaszewski

That the motion be DEFERRED to the Council Meeting on 5 February 2019 and Administration to advise respondents of the meeting date.  

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

12.2        Draft Public Open Space Strategy - Public Comment Feedback

TRIM Ref:                  D18/169317

Author:                     Philippa Baker, Community Projects Officer

Authoriser:                Michael Quirk, Director Community Engagement

Attachments:             1.       Public Open Space Strategy December 2018   

Recommendation:

That Council:

1.       NOTES the public comment submissions received in relation to the Draft Public Open Space Strategy; and

2.       ADOPTS the Public Open Space Strategy as shown in Attachment 1.

Council Decision Item 12.2

Moved: Cr Gontaszewski, Seconded: Cr Hallett

That the recommendation be adopted.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

10.3        Further Report in Response to Petition - Alma Road and Claverton Streets, North Perth Traffic Calming

TRIM Ref:                  D18/180120

Author:                     Craig Wilson, Manager Asset & Engineering

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Plan No. 3484-CP-01   

Recommendation:

That Council:

1.       NOTES the discussion of the Urban Mobility Advisory Group (UMAG) and the comments of the residents received as an outcome of the Public Forum held at the North Perth Town Hall on 12 November 2018;

2.       APPROVES mid-block single lane slow points in Alma Road, between Camelia and Persimmon Streets and in Alfonso Street, between Claverton and Vincent Streets, as shown on Plan No. 3484-CP-01 (Attachment 1);

3.       AUTHORISES the Director Engineering to:

3.1     determine the precise location and extent of the works described in recommendation 2 above, in consultation with affected adjacent landowners; and

3.2     consider the other matters raised as part of the further consultation, assess the impact of the mid-block single lane slow points once constructed and uses the data in liaison with the UMAG, to review the effectiveness of the slow points; and

4.       Informs the petitioners of the Council’s decision.

Moved: Cr Hallett, Seconded: Cr Gontaszewski

That the recommendation be adopted.

Council Decision Item 10.3

PROCEDURAL MOTION

Moved: Cr Harley, Seconded: Cr Hallett

That the motion be DEFERRED to a Council Meeting no later than June 2019 to allow Administration to further consider the options for traffic calming in this area.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

10.1        Minor Parking Restriction Improvements/Amendments

TRIM Ref:                  D18/181202

Author:                     Craig Wilson, Manager Asset & Engineering

Authoriser:                Andrew Murphy, Director Engineering

Attachments:             1.       Plan No. 3495-PP-01  

2.       Plan No. 3496-PP-01   

Recommendation:

That Council:

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

1.1     the introduction of a 3P 8.00am to 6.00pm Monday to Friday parking restriction on Wavertree Place, and on Britannia Road, Leederville between Oxford Street and Seabrook Street as shown on Plan No. 3495-PP-01 (Attachment 1); and

1.2     an on-road Loading Zone adjacent to ‘Beaufort Central’ at 250 Beaufort Street, Perth, as shown on Plan No. 3496-PP-01 (Attachment 2); and

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

Moved: Cr Hallett, Seconded: Cr Gontaszewski

That the recommendation be adopted.

At 8:21 pm, Cr Joshua Topelberg returned to the meeting.

At 8:23 pm, Cr Joanne Fotakis returned to the meeting.

Proposed Amendment

Moved: Cr Gontaszewski, Seconded: Cr Hallett

That Council:

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

1.1       the introduction of a 3P 8.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday parking restriction on Wavertree Place, and on Britannia Road, Leederville between Oxford Street and Seabrook Street as shown on Plan No. 3495-PP-01B (Attachment 1); and

1.2       an on-road Loading Zone adjacent to ‘Beaufort Central’ at 250 Beaufort Street, Perth, as shown on Plan No. 3496-PP-01 (Attachment 2); and

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

Amendment carried (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision Item 10.1

Moved: Cr Hallett, Seconded: Cr Gontaszewski

That Council:

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

1.1       the introduction of a 3P 8.00am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday parking restriction on Wavertree Place, and on Britannia Road, Leederville between Oxford Street and Seabrook Street as shown on Plan No. 3495-PP-01B (Attachment 1); and

1.2       an on-road Loading Zone adjacent to ‘Beaufort Central’ at 250 Beaufort Street, Perth, as shown on Plan No. 3496-PP-01 (Attachment 2); and

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

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.2          No. 342 (Lot: 101; D/P: 43048) William Street, Perth - Proposed Change of Use from Shop to Restaurant/Cafe

TRIM Ref:                  D18/170571

Author:                     Fiona Atkins, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map  

2.       Attachment 2 - Development Plans  

3.       Attachment 3 - Parking Management Plan  

4.       Attachment 4 - Summary of Submissions  

5.       Attachment 5 - Determination Advice Notes   

Recommendation:

That Council:

1.       APPROVES a minor parking restriction amendment to convert the existing on-street adjacent to No. 342 (Lot: 101; D/P: 43048) William Street, Perth, from Loading Zone to 1/4P At All Times; and

2.       in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the proposed Change of Use from Shop to Restaurant/Café at No. 342 (Lot: 101; D/P: 43048) William Street, Perth, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 5:

2.1     Use of Premises

2.1.1  The area shown as ‘Restaurant/Café’ on the approved plans shall be used in accordance with the definition of ‘Restaurant/Café’ as defined by the City’s Local Planning Scheme No. 2; and

2.1.2  The maximum of 63 people shall be on site at any one time;

2.2     Car Parking and Access

The Parking Management Plan approved as part of this application shall be implemented to the satisfaction of the City prior to the use or occupation of the development;

2.3     Cash in Lieu

A cash-in-lieu contribution of $6,750 shall be paid to the City for the shortfall of 1.25 car bays, based on the cost of $5,400 per bay as set out in the City’s 2018/2019 Schedule of Fees and Charges. prior to the commencement of development or by entering into a written agreement to the City to pay the cash-in-lieu over an agreed period up to five years;

2.4     Bicycle Facilities

A cash-in-lieu contribution of $800 shall be paid to the City for the shortfall of three bicycle bays;

2.5     Signage

Any new signage that does not comply with the City’s Policy No. 7.5.2 – Signs and Advertising shall be subject to a separate Planning Application and all signage shall be subject to a Building Permit application, being submitted and approved prior to the erection of the signage; and

2.6     General

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

At 8:24 pm, Cr Joshua Topelberg left the meeting.

Moved: Cr Gontaszewski, Seconded: Cr Castle

That the recommendation be adopted.

Proposed Amendment 1

Moved: Cr Gontaszewski, Seconded: Cr Castle

That condition 2.2 be amended as follows:

2.2     Car Parking and Access

The Parking Management Plan approved as part of this application shall be implemented to the satisfaction of the City prior to the use or occupation of the development and ;

That the applicant provides an updated parking management plan to the satisfaction of the City prior to the commencement of the use and;

Amendment 1 carried (6-0)

For:             Mayor Cole, Cr Fotakis, Cr Gontaszewski, Cr Castle, Cr Hallett and Cr Harley

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Proposed Amendment 2

Moved: Cr Harley, Seconded: Cr Gontaszewski

That recommendation 1 be DELETED and the remaining recommendations renumbered accordingly 

Amendment 2 carried (6-0)

For:             Mayor Cole, Cr Fotakis, Cr Gontaszewski, Cr Castle, Cr Hallett and Cr Harley

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Proposed Amendment 3

Moved: Cr Gontaszewski, Seconded: Cr Hallett

That the recommendation 1.1.2 be amended as follows:

1.1.2  The maximum of 63 people on site at any one time shall be 2 staff, 5 take away patrons and 56 seated patrons;

AMENDMENT 3 lost (1-5)

For:             Cr Gontaszewski

Against:      Mayor Cole, Cr Castle, Cr Fotakis, Cr Hallett and Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Proposed Amendment 4

Moved: Cr Harley, Seconded: Cr Fotakis

That the recommendation 1.1.2 be amended as follows:

1.1.2  A maximum of 633 people shall be on site at any one time;

AMENDMENT 4 lost (1-5)

For:             Cr Harley

Against:      Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis and Cr Hallett

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Proposed Amendment 5

Moved: Cr Castle, Seconded: Cr Gontaszewski

That the recommendation 1.1.2 be amended as follows:

1.1.2  A maximum of 650 people shall be on site at any one time;

Amendment 5 carried (5-1)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis and Cr Hallett

Against:      Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Proposed Amendment 6

Moved: Cr Castle, Seconded: Cr Gontaszewski

That the recommendation 1.1.2 be amended as follows:

1.1.2  A maximum of 50 people shall be on site, including any alfresco area, at any one time;

Amendment 6 carried (4-2)

For:             Cr Gontaszewski, Cr Castle, Cr Fotakis and Cr Hallett

Against:      Mayor Cole and Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Proposed Amendment 7

Moved: Cr Gontaszewski, Seconded: Cr Castle

That the recommendation 1.4 be amended as follows:

1.4     Bicycle Facilities

A cash-in-lieu contribution of $800 400 shall be paid to the City for the shortfall of three two bicycle bays;

Amendment 7 carried (5-1)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis and Cr Hallett

Against:      Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Proposed Amendment 8

Moved: Cr Fotakis, Seconded: Cr Castle

That the recommendation 1.3 be amended as follows:

1.3     Cash in Lieu

A cash-in-lieu contribution of $6,750 shall be paid to the City, equal to for the shortfall of 1.25 car bays, based on the cost of $5,400 per bay as set out in the City’s 2018/2019 Schedule of Fees and Charges, prior to the commencement of development or by entering into a written agreement to the City to pay the cash-in-lieu over an agreed period up to five years;

Amendment carried (6-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett and Cr Harley

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

Council Decision Item 9.2

Moved: Cr Gontaszewski, Seconded: Cr Castle

That Council:

1.       in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the proposed Change of Use from Shop to Restaurant/Café at No. 342 (Lot: 101; D/P: 43048) William Street, Perth, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 5:

1.1     Use of Premises

1.1.1  The area shown as ‘Restaurant/Café’ on the approved plans shall be used in accordance with the definition of ‘Restaurant/Café’ as defined by the City’s Local Planning Scheme No. 2; and

1.1.2  A maximum of 50 people shall be on site, including any alfresco area, at any one time;

1.2     Car Parking and Access

That the applicant provides an updated parking management plan to the satisfaction of the City prior to the commencement of the use and;

1.3     Cash in Lieu

A cash-in-lieu contribution of $6,750 shall be paid to the City, equal to 1.25 car bays, based on the cost of $5,400 per bay as set out in the City’s 2018/2019 Schedule of Fees and Charges. prior to the commencement of development or by entering into a written agreement to the City to pay the cash-in-lieu over an agreed period up to five years;

1.4     Bicycle Facilities

A cash-in-lieu contribution of $400 shall be paid to the City for the shortfall of two bicycle bays;

1.5     Signage

Any new signage that does not comply with the City’s Policy No. 7.5.2 – Signs and Advertising shall be subject to a separate Planning Application and all signage shall be subject to a Building Permit application, being submitted and approved prior to the erection of the signage; and

1.6     General

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

carried (5-1)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis and Cr Hallett

Against:      Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

(Cr Topelberg was absent from the Council Chamber and did not vote.)

11.6        November 2018 Budget review (including Carry Forwards)

TRIM Ref:                  D18/180777

Author:                     Vanisha Govender, Manager Financial Services

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Statement of Comprehensive Income by Nature or Type  

2.       Statement of Comprehensive Income by Program  

3.       Rate Setting Statement  

4.       List of other Budget amendments  

5.       List of Capital expenditure amendments   

Recommendation:

That Council BY ABSOUTE MAJORITY:

1.       ADOPTS the November 2018 Budget amendments to the 2018/2019 annual budget as detailed in the report and Attachments 1 – 5,

2.       WAIVES the 2018/19 local government rates for the following organisations, pursuant to Section 6.47 of the Local Government Act 1995:

Council Decision Item 11.6

Moved: Cr Gontaszewski, Seconded: Cr Hallett

That the recommendation be adopted.

carried by Absolute Majority (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.3          No. 47 (Lot: 502; D/P: 50409) Jugan Street, Mount Hawthorn - S.31 Reconsideration - Proposed Five Grouped Dwellings

TRIM Ref:                  D18/165733

Author:                     Fiona Atkins, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        North

Attachments:             1.       Attachment 1 - Consultation and Location Map  

2.       Attachment 2 - Extract of Minutes of the Ordinary Meeting of Council 24 July 2018 and Refused Development Plans  

3.       Attachment 3 - Current (amended) Development Plans  

4.       Attachment 4 - Acoustic Report  

5.       Attachment 5 - Determination Advice Notes   

Recommendation:

That the Council, in accordance with Section 31 of the State Administrative Tribunal Act 2004, the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, SETS ASIDE its decision of 24 July 2018 and APPROVES the application for the proposed Five Grouped Dwellings at No. 47 (Lot: 502; D/P: 50409) Jugan Street, Mount Hawthorn, in accordance with plans provided in Attachment 3, subject to the following conditions, with the associated determination advice notes in Attachment 5:

1.       Boundary Walls

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

2.       External Fixtures

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

3.       Construction Management Plan

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

4.       Stormwater

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

5.       Schedule of External Finishes

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

6.       Verge Tree

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

7.       Clothes Drying Facility

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

8.       Landscape and Reticulation Plan

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

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

·       Areas to be irrigated or reticulated;

·       The provision of a minimum 30 percent canopy cover at maturity; and

·       The provision of three new street trees along the verges of Jugan and Leeder Streets at the full cost of the applicant; and

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

9.       Car Parking and Access

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

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

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

10.     Acoustic Report

All recommended measures in the Acoustic Report submitted as part of this development application shall be undertaken in accordance with the report to the City’s satisfaction, prior to the occupation or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;

11.     Street Walls and Fence

The infill panels of the front fencing shall be 75 per cent visually permeable, in accordance with the requirements of the Residential Design Codes; and

12.     General

The obligation to comply with the requirements of a time limited condition continues whilst the approved development exists.

Council Decision Item 9.3

Moved: Cr Hallett, Seconded: Cr Gontaszewski

That the recommendation be adopted.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.7          Amendment No. 3 to Local Planning Scheme No. 2 - No. 51 (Lot: 25; D/P: 1230) Marian Street, Leederville

TRIM Ref:                  D18/161755

Author:                     Mitchell Hoad, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        North

Attachments:             1.       Attachment 1 - Location Plan  

2.       Attachment 2 - Amendment No. 3 to Local Planning Scheme No. 2 Map  

3.       Attachment 3 - Amendment No. 3 to Local Planning Scheme No. 2 Report   

Recommendation:

That Council:

1.       ADOPTS Amendment No. 3 to Local Planning Scheme No. 2, included as Attachment 3, pursuant to Section 75 of the Planning and Development Act 2005;

2.       ADVISES the Western Australian Planning Commission that Amendment No. 3 to Local Planning Scheme No. 2 is considered a standard amendment pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 as the amendment:

·      Is consistent with the City’s Local Planning Strategy which identifies the provision of high density residential and commercial activities within a walkable catchment of the Mount Hawthorn and Leederville Town Centres;

·      Is consistent with the intent of the Urban zone under the Metropolitan Region Scheme to provide for a range of commercial and residential activities;

·      Will have minimal impact on land in the scheme area that is not the subject of the amendment, with this detail to be resolved through a future development application;

·      Does not result in any significant environmental, social, economic or governance impacts on land in the scheme area; and

·      Is not a complex or basic amendment;

3.       REFERS Amendment No. 3 to Local Planning Scheme No. 2 to the Environmental Protection Authority, pursuant to Section 81 of the Planning and Development Act 2005; and

4.       Subject to the approval of the Environmental Protection Authority, ADVERTISES Amendment No. 3 to Local Planning Scheme No 2 for public comment for a period of 42 days, pursuant to Regulation 47(2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

5.       REQUESTS the Western Australian Planning Commission to require a Local Development Plan for 320 - 324 Oxford Street and 51 Marian Street, pursuant to Clause 47(d) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Moved: Cr Gontaszewski, Seconded: Cr Hallett

That the recommendation be adopted.

lost (0-7)

For:             Nil

Against:      Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision Item 9.7

Moved: Cr Harley, Seconded: Cr Gontaszewski

ALTERNATIVE MOTION

That Council REFUSES to adopt proposed Amendment No. 3 to Local Planning Scheme No. 2, included as Attachment 3, pursuant to Section 75 of the Planning and Development Act 2005 for the following reasons:

1.       The proposed amendment will result in an inappropriate development interface with the adjoining property which is zoned Residential R30; and

2.       The proposed amendment will result in the encroachment of commercial uses along Marian Street which is a predominantly residential area. This encroachment of commercial uses will result in undue amenity impacts on the existing residential properties along Marian Street.

Amendment carried (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.6          No. 5 (Lot: 14; D/P: 1149) Scott Street, Leederville - Two Grouped Dwellings

TRIM Ref:                  D18/159387

Authors:                   Clair Morrison, Urban Planner

Mitchell Hoad, Senior Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map  

2.       Attachment 2 - Development Plans  

3.       Attachment 3 - Summary of Submissions   

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the application for two Grouped Dwellings at No. 5 (Lot: 14; D/P: 1149) Scott Street, Leederville, in accordance with the plans provided in Attachment 2, for the following reason:

1.       The development does not satisfy the design principles of Clause 5.4.2 (Solar Access for Adjoining Sites) as it will result in the overshadowing of major openings to the existing dwelling on the abutting No. 3 Scott Street.

Council Decision Item 9.6

PROCEDURAL MOTION

Moved: Cr Harley, Seconded: Cr Hallett

That the motion be DEFERRED until no later than 5 February 2019 to allow the applicant to pursue an alternative design that addresses the impacts of overshadowing on the adjoining properties.

procedural motion carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

9.1          No. 16 (Lot: 13; D/P: 613) Wellman Street, Perth - Amendment to existing Approval for Light Industry (Meat Packing Facility)

TRIM Ref:                  D18/166535

Author:                     Fiona Atkins, Urban Planner

Authoriser:                Luke Gibson, A/Director Development Services

Ward:                        South

Attachments:             1.       Attachment 1 - Consultation and Location Map  

2.       Attachment 2 - Extract of Minutes of the Ordinary Meeting of Council 30 June 2015  

3.       Attachment 3 - Development Plans  

4.       Attachment 4 - 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 to amend the development approval (5.2014.638.1) granted on 30 June 2015 for an Industry – Light Use (Meat Packing Facility) at No. 16 (Lot: 13; D/P: 613) Wellman Street, Perth, subject to the following condition:

1.       All conditions and advice notes continue to apply to this approval, with exception of Condition 10 which is deleted.

Moved: Cr Castle, Seconded: Cr Gontaszewski

That the recommendation be adopted.

Proposed Amendment

Moved: Cr Castle, Seconded: Cr Gontaszewski

That the Condition 1 be amended to read as follows:

1.       All conditions and advice notes continue to apply to this approval, with the exception of Condition 10 which is deleted modified to read as follows:

10.     Approval Period

This Planning Approval is for a time-limited term of five years from the date of issue of the letter of approval. The Approval will cease to be valid after the expiry of this term.

Amendment carried (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision Item 9.1

Moved: Cr Castle, Seconded: Cr Gontaszewski

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 (5.2014.638.1) granted on 30 June 2015 for an Industry – Light Use (Meat Packing Facility) at No. 16 (Lot: 13; D/P: 613) Wellman Street, Perth, subject to the following condition:

1.       All conditions and advice notes continue to apply to this approval, with exception of Condition 10 which is deleted modified to read as follows:

10.     Approval Period

This Planning Approval is for a time-limited term of five years from the date of issue of the letter of approval. The Approval will cease to be valid after the expiry of this term.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

11.5        Land Exchange - Portion of Lot 75 Brentham Street (Brentham Street Reserve) for Portion of Lot 100 (No 20) Brentham Street (Aranmore Catholic Primary School)

TRIM Ref:                  D17/127577

Authors:                   Meluka Bancroft, A/Manager Governance and Risk

John Paton, Manager - Office of the CEO

Authoriser:                Kerryn Batten, Director Corporate Services

Attachments:             1.       Plan of proposed land exchange  

2.       Plan showing proposed future use of land   

Recommendation:

That Council:

1.       REFUSES McAuley Property Limited’s offer to purchase the northern portion (2,251m²) of Lot 75 Brentham Street, Leederville, for $470,000;

2.       AGREES in principle to the exchange of a 1,761m² portion of Lot 100 (No. 20) Brentham Street, Leederville, and Lot 37 Brentham Street, Leederville (area of 539m²), for an equal portion (2,300m²) of Lot 75 Brentham Street, Leederville (Brentham Street Reserve), as shown in Attachment 1, subject to the requirements of section 3.58(3) of the Local Government Act 1995;

3.       AUTHORISES the Chief Executive Officer to provide public notice of the proposed land    exchange as detailed in 2. above in accordance with section 3.58(3) of the Local  Government     Act 1995; and

4.       NOTES that a report will be presented to Council following the provision of public notice as set           out in 3. above in respect to the submissions received in response to the public notice, and to           determine whether the City enters into a contract with McAuley Property Limited for the   exchange of the land specified in 2. above, which is conditional upon the rezoning of the land     under the City’s Local Planning Scheme No. 2.

Moved: Cr Topelberg, Seconded: Cr Gontaszewski

That the recommendation be adopted.

Proposed Amendment 1

Moved: Cr Topelberg, Seconded: Cr Gontaszewski

That Recommendation 5 be added as follows:

5.       NOTES that the land exchange as set out in 2. above involves Lot 37 Brentham Street, Leederville being exchanged as vacant land.

Amendment 1 carried (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Proposed Amendment 2

Moved: Cr Harley, Seconded: Cr Gontaszewski

That Recommendation 6 be added as follows:

6.       NOTES that the Aranmore Catholic Primary School Board and the Catholic Education Office will be responsible for communicating with the school community to explain the reasons for and benefits of the land exchange as set out in 2. above.

Amendment 2 lost (7-0)

For:             Nil

Against:      Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Proposed Amendment 3

Moved: Cr Gontaszewski, Seconded: Cr Castle

That the recommendation 6 be added as follows:

6.       REQUEST that the Aranmore Catholic Primary School Board and the Catholic Education Office agrees a communication plan with the City of Vincent for the school community to explain the reasons for, and benefits of, the land exchange as set out in 2. above.

Amendment 3 carried (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision Item 11.5

Moved: Cr Topelberg, Seconded: Cr Gontaszewski

That Council:

1.       REFUSES McAuley Property Limited’s offer to purchase the northern portion (2,251m²) of Lot 75 Brentham Street, Leederville, for $470,000;

2.       AGREES in principle to the exchange of a 1,761m² portion of Lot 100 (No. 20) Brentham Street, Leederville, and Lot 37 Brentham Street, Leederville (area of 539m²), for an equal portion (2,300m²) of Lot 75 Brentham Street, Leederville (Brentham Street Reserve), as shown in Attachment 1, subject to the requirements of section 3.58(3) of the Local Government Act 1995;

3.       AUTHORISES the Chief Executive Officer to provide public notice of the proposed land    exchange as detailed in 2. above in accordance with section 3.58(3) of the Local  Government     Act 1995; and

4.       NOTES that a report will be presented to Council following the provision of public notice as set           out in 3. above in respect to the submissions received in response to the public notice, and to           determine whether the City enters into a contract with McAuley Property Limited for the   exchange of the land specified in 2. above, which is conditional upon the rezoning of the land     under the City’s Local Planning Scheme No. 2.

5.       NOTES that the land exchange as set out in 2. above involves Lot 37 Brentham Street, Leederville being exchanged as vacant land.

6.       REQUEST that the Aranmore Catholic Primary School Board and the Catholic Education Office agrees a communication plan with the City of Vincent for the school community to explain the reasons for, and benefits of, the land exchange as set out in 2. above.

carried Unanimously (6-1)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett and Cr Topelberg

Against:      Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

13.1        Council Recess Period 2018-19 - Delegated Authority to the Chief Executive Officer

TRIM Ref:                  D18/178997

Author:                     Meluka Bancroft, A/Manager Governance and Risk

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             Nil

Recommendation:

That Council:

1.       DELEGATES BY ABSOLUTE MAJORITY, pursuant to section 5.42 of the Local Government Act 1995, to the Chief Executive Officer, the power to deal with any items of business that may arise from 12 December 2018 to 28 January 2019, and which are not the subject of delegated authority already granted by Council, subject to:

a.         reports being issued to all Council Members for a period of three business days prior to the delegated decision being made and no requests for ‘call-in’ of the matter being received from Council Members;

b.         reports being displayed on the City’s website for a period of three business days prior to the delegated decision being made;

c.         a report summarising the items of business dealt with under delegated authority being submitted for information to Council at its Ordinary Meeting to be held on 5 February 2019; and

d.         a Register of Items Approved under this Delegated Authority being kept and made available for public inspection on the City’s website during the period that the delegation applies.

2.       DETERMINES for the purpose of section 5.43(b) of the Local Government Act 1995 that the        Chief Executive Officer can accept tenders up to a maximum value of $420,000 for the period    12 December 2018 to 28 January 2019 subject to conditions a – d in resolution 1. above.

Council Decision Item 13.1

Moved: Cr Castle, Seconded: Cr Fotakis

That the recommendation be adopted.

carried by Absolute Majority (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

13.4        Annual Report 2017/2018

TRIM Ref:                  D18/147955

Author:                     Rosslind Ellis, Manager Marketing and Communications

Authoriser:                Michael Quirk, Director Community Engagement

Attachments:             1.       Draft Annual Report 2017 - 2018  

2.       Auditor Report 2017 - 2018   

Recommendation:

That Council:

1.       Pursuant to Section 5.54(1) of the Local Government Act 1995, ACCEPTS BY AN ABSOLUTE MAJORITY the City of Vincent Annual Report for the 2017/2018 Financial Year, included as Attachment 1;

2.       Pursuant to Section 5.27 of the Local Government Act 1995, CONVENES a General Meeting of Electors of the City of Vincent to be held on Tuesday 29 January 2019 at 6.00pm in the City’s Council Chambers, to present the City of Vincent Annual Report for the 2017/2018 Financial Year; and

3.       NOTES that:

3.1     the report will be subject to further formatting and styling to be determined by the Chief Executive Officer, prior to publication;

3.2     pursuant to Sections 5.29 and 5.55 of the Local Government Act 1995, the Chief Executive Officer will give local public notice of the General Meeting of Electors to be held on Tuesday 29 January and of the availability of the City of Vincent Annual Report for the 2017/2018 Financial Year, as soon as practicable after the report has been accepted by Council; and

3.3     pursuant to Regulation 51 of the Local Government (Financial Management) Regulations 1996, the Director General of the Department of Local Government, Sports and Cultural Industries will be provided with a copy of the City of Vincent Annual Report for the 2017/2018 Financial Year, inclusive of the Annual Financial Report for the same period and the Auditor’s Report on that Financial Report.

Council Decision Item 13.4

Moved: Cr Hallett, Seconded: Cr Fotakis

That the recommendation be adopted.

carried by Absolute Majority (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Motion be put

Council Decision

Moved: Cr Topelberg, Seconded: Cr Hallett

That the motion be now put that the Council extend the meeting past 10pm.

carried (6-1)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett and Cr Topelberg

Against:      Cr Harley

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

18.1        Chief Executive Officer Key Performance Indicators 2018-19

Council Decision Item 18.1

Moved: Cr Topelberg, Seconded: Cr Gontaszewkit

That Council ADOPTS the Key Performance Indicators to 30 June 2019 included in Confidential Attachment 1 as forming part of the Chief Executive Officer’s contract of employment with the City of Vincent.

carried Unanimously (7-0)

For:             Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley and Cr Topelberg

Against:      Nil

(Cr Loden was on approved leave of absence for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

18.2        Amendment of rates record for period 2013/14 - 2018/19 - rates exemption applications

The Chief Executive Officer is of the opinion that this resolution is of a confidential nature as it contains information concerning:

Local Government Act 1995 - Section 5.23(2):

(b)        the personal affairs of any person

(d)        legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting

LEGAL:

2.14      Confidential business

(1)        All business conducted by the Council at meetings (or any part of it) which are closed to members of the public is to be treated in accordance with the Local Government (Rules of Conduct) Regulations 2007.

Confidential Minutes are provided separately to Council Members, the Chief Executive Officer and Directors.

In accordance with the legislation, confidential minutes are to be kept confidential until determined by the Council to be released for public information.

At the conclusion of these matters, the Council may wish to make some details available to the public.