AGENDA

 

 

Council Briefing

 

21 May 2019

 

Time:

6.30pm

Location:

Administration and Civic Centre

244 Vincent Street, Leederville

 

 

 

David MacLennan

Chief Executive Officer

 


Council Briefing Agenda                                                                                             21 May 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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, Property and Contracts on 9273 6038.

 


Council Briefing Agenda                                                                                             21 May 2019

Order Of Business

 

1          Declaration of Opening / Acknowledgement of Country. 7

2          Apologies / Members on Leave of Absence. 7

3          Public Question Time and Receiving of Public Statements. 7

4          Declarations of Interest 7

5          Development Services. 8

5.1             No. 147-149 (Lot: 500; D/P: 77320) Brisbane Street, Perth - Proposed Change of Use from Office to Multiple Dwellings and Unlisted Use (Short-Stay Accommodation) 8

5.2             No's. 4 - 10 (Lots: 13, 14 & 15) Cowle Street and No's. 199 - 241 (Lots: 10, 11, 12, 21, 22, 23, 24 & 25) Fitzgerald Street, West Perth - Local Development Plan. 54

5.3             Review of Policy No. 3.8.12 - Mobile Food Vendor 210

6          Engineering. 226

6.1             2019 Greening Vincent Garden Awards. 226

6.2             Review of Infrastructure and Environment policies relating to Parks. 229

7          Corporate Services. 243

7.1             Investment Report as at 30 April 2019. 243

7.2             Authorisation of Expenditure for the Period 1 April 2019 to 30 April 2019. 253

7.3             Land exchange and reclassification of land (Amendment No. 4 to Local Planning Scheme No. 2) - portion of Lot 75 Brentham Street (Brentham Street Reserve) for portion of Lot 100 (no. 20) and Lot 37 (No. 26) Brentham Street (Aranmore Catholic Primary School) - consideration of submissions and conditional contract of sale. 274

7.4             LATE REPORT: Financial Statements as at 30 April 2019. 298

7.5             Realignment of City of Vincent district boundary at the intersection of Charles, Green and Walcott Streets, North Perth and dedication of adjoining private right of way. 299

7.6             Termination of Sub Lease - Portion of Woodville Reserve, 10 Farmer Street, North Perth - Multicultural Services Centre of WA Inc. 307

7.7             Public Open Space proposal for Sydney and Haynes Street site, North Perth. 310

7.8             Report and minutes of Audit Committee meeting held on 9 April 2019. 318

7.9             Amendments to the City's Policy 4.1.1. - Policy Register 460

7.10           LATE REPORT: Adoption of Council Election Caretaker Period. 466

8          Community Engagement 467

8.1             LATE REPORT: Draft Safer Vincent Plan 2019–2022. 467

9          Chief Executive Officer 468

9.1             Draft Sustainable Environment Strategy. 468

9.2             Information Bulletin. 532

10        Motions of Which Previous Notice Has Been Given. 581

Nil

11        Representation on Committees and Public Bodies. 581

13        Closure. 581

 

 

 


1            Declaration of Opening / Acknowledgement of Country

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

2            Apologies / Members on Leave of Absence

Nil

3            Public Question Time and Receiving of Public Statements

4            Declarations of Interest


Council Briefing Agenda                                                                                             21 May 2019

5            Development Services

5.1          No. 147-149 (Lot: 500; D/P: 77320) Brisbane Street, Perth - Proposed Change of Use from Office to Multiple Dwellings and Unlisted Use (Short-Stay Accommodation)

TRIM Ref:                  D19/61771

Author:                     Clair Morrison, Urban Planner

Authoriser:                John Corbellini, Executive Director Development Services

Ward:                        South Ward

Attachments:             1.       Attachment 1 - Consultation and Location Plan

2.       Attachment 2 - Development Plans

3.       Attachment 3 - Written Submission and Justification

4.       Attachment 4 - Temporary Accommodation Management Plan  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the application for Change of Use from Office to Multiple Dwellings and Unlisted Use (Short-Stay Accommodation) at No. 147-149 (Lot: 500; D/P: 77320) Brisbane Street, Perth, in accordance with the plans shown in Attachment 2, for the following reasons:

1.       The proposal does not meet the Element Objectives of Clause 4.13 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Adaptive Reuse given the proposed dwellings do not provide good amenity for residents, based on the non-compliances of the below Element Objectives;

2.       The proposal does not meet the Element Objectives of Clause 3.3 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Tree Canopy and Deep Soil Areas,  as there is no alternative landscaping infrastructure proposed that provides landscape amenity to residents;

3.       The proposal does not meet the Element Objectives of Clause 3.4 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Communal Open Space, given:

3.1     The size, orientation and location of the communal open space does not allow for functional use of the space or adequate provision of landscape or recreational amenity for residents;

3.2     The size, orientation and location of the communal open space does not allow adequate recreational amenity for residents to utilise the space or interact;

4.       The proposal does not meet the Element Objectives of Clause 3.9 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Car and Bicycle Facilities as the application does not provide adequate, useable bicycle facilities for residents;

5.       The proposal does not meet the Element Objectives of Clause 4.1 and Clause 4.3 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Orientation and Size and Layout of Dwelling, given:

5.1     The layout of the proposed dwellings do not respond to the orientation of the development to allow for adequate daylight access and natural ventilation throughout the development and to habitable rooms;

5.2     The layout and space provided for the proposed dwellings are not functional for residents or adequately accommodate furniture or personal goods of the expected household;

6.       The proposal does not meet the Element Objectives of Clause 4.4 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Private Open Space and Balconies, given:

6.1     Apartments two and four do not have any allocated private open space; and

6.2     The proposed balcony of apartment one is not of a size that can be used as open space and does not enhance the liveability or residential amenity for residents;

7.       The proposal does not meet the Element Objectives of Clause 4.7 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Managing the Impact of Noise, given:

7.1     The layout of the communal open space and sole living area for the proposed dwellings do not provide appropriate acoustic privacy; and

7.2     There has not been any provision of acoustic treatment within and between dwellings to reduce noise transmission between the communal open space and habitable rooms; and

8.       The proposal does not meet the Element Objectives of Clause 4.9 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments relating to Universal Access as the entrances and design of public space does not provide universally accessible pedestrian access to the proposed dwellings.

 

Purpose of Report:

To consider an application for development approval for change of use from Office to Multiple Dwellings and Unlisted Use (Short Term Accommodation) at No. 147-149 Brisbane Street, Perth.

PROPOSAL:

The application proposes a change of use of four existing Office tenancies to three Dwellings (Multiple) and one Unlisted Use (Short Term Accommodation) for the first floor tenancies at No. 147-149 Brisbane Street, Perth. The application also proposes internal works to these tenancies to facilitate the change of use as well as external modifications to the most eastern upper floor tenancy to enclose the existing walkway and add a balcony to the south.

Background:

Landowner:

Thi Chet Quach

Applicant:

Urbanista Town Planning

Date of Application:

7 September 2018

Zoning:

MRS:    Urban

LPS2:   Zone: District Centre     R Code: R-AC3

Built Form Area:

Town Centre

Existing Land Use:

Office

Proposed Use Class:

Dwellings (Multiple) ‘D’

Unlisted Use (Short Term Accommodation)

Lot Area:

607m²

Right of Way (ROW):

No

Heritage List:

No

 

The subject site is zoned District Centre under the City of Vincent Local Planning Scheme No. 2 (LPS2) and currently comprises of a two storey commercial development, with an undercroft car parking area which is accessible from Brisbane Place. The current commercial tenancies consist of four offices, two shops, one café and one vacant premise. The subject site is bound by Brisbane Street to the north, Brisbane Place to the east, commercial development to the west and a single house to the south. The adjoining lots, to the east and south, are zoned District Centre. The lots adjacent to Brisbane Place are zoned Mixed Use and Residential, with a density coding of R80 and R50, respectively. A location plan can be found in Attachment 1.

Details:

Summary Assessment

The Element Objectives of the State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments (R Codes Volume 2 – Apartments) that are not met are as follows:

 

Orientation

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 3.2

 

O3.2.1 Building layouts respond to the streetscape, topography and site attributes while optimising solar and daylight access within the development.

 

 

The proposed layout of the dwellings does not optimise solar access to living areas given all proposed living areas are southfacing.

Tree Canopy and Deep Soil Areas

Element Objective

Proposal

R Codes Volume 2 – Apartments Clause 3.3

 

O3.3.3 Development includes deep soil areas or other infrastructure to support planting on structures with sufficient area and volume to sustain healthy plant and tree growth.

 

 

The proposal does not include any new trees, deep soil areas or alternative landscape infrastructure to mitigate the existing nil deep soil areas and canopy cover on-site.

Communal Open Space

Element Objective

Proposal

R Codes Volume 2 – Apartments Clause 3.4

 

O3.4.1 Provision of quality communal open space that enhances resident amenity and provides opportunities for landscaping, tree retention and deep soil areas.

 

O3.4.2 Communal open space is safe, universally accessible and provides high level of amenity for residents.

 

O3.4.3 Communal open space is designed and oriented to minimise impacts on the habitable rooms and private open space within the site and of neighbouring properties.

 

 

The proposed communal open space does not provide any landscape amenity or access to an adequate amount of direct solar access during the winter solstice.

 

The proposed communal open space does not provide any recreational amenity or facilities.

 

The proposed communal open space is abutting the living areas and habitable rooms of the proposed apartments, exacerbating the noise of these spaces on the private habitable rooms.

Pedestrian Access and Entries

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 3.7

 

O3.7.1 Entries and pathways are universally accessible, easy to identify and safe for residents and visitors.

 

 

Pedestrian access (existing stairwell) is accessible through a wrought iron gate on Brisbane Place. The pedestrian entrance is not protected from the weather and does not provide universal access to the proposed dwellings given the only access is via stairs.


 

Car and Bicycle Facilities

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 3.9

 

O3.9.1 Parking and facilities are provided for cyclists and other modes of transport.

 

 

The proposed bicycle facilities are not accessible via a continuous path of travel from the entry point, are obstructed by car parking bays and are not designed to be useable for residents.

Solar Access and Daylight

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.1

 

O4.1.1 In climate zones 4, 5 and 6: the development is sited and designed to optimise the number of dwellings receiving winter sunlight to private open space and via windows to habitable rooms.

 

 

The proposal does not allow for direct solar access to the proposed living areas or private and communal open spaces. There are a number of habitable rooms that do not have access to any direct or passive sunlight.

Natural Ventilation

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.2

 

O4.2.2 Individual dwellings are designed to optimise natural ventilation of habitable rooms.

 

 

The proposal incorporates a number of habitable rooms that do not have two openings to allow for natural ventilation. In lieu of this, the applicant proposes artificial lighting and mechanical ventilation.

Size and Layout of Dwellings

Element Objective

Proposal

R Codes Volume 2 – Apartments Clause 4.3

 

O4.3.1 The internal size and layout of dwellings is functional with the ability to flexibly accommodate furniture settings and personal goods, appropriate to the expected household size.

 

 

The proposed apartment layout and size does not provide a functional area or adequate space to accommodate personal goods.

Private Open Space and Balconies

Element Objective

Proposal

R Codes Volume 2 – Apartments Clause 4.4

 

O4.4.1 Dwellings have good access to appropriately sized private open space that enhances residential amenity.

 

O4.4.2 Private open space is sited, oriented and designed to enhance liveability for residents.

 

O4.4.3 Private open space and balconies are integrated into the overall architectural form and detail of the building.

 

 

Proposed apartment one does not have an adequately sized balcony that would enhance residential amenity as it is southern facing and does not provide adequate space for furniture or use.

 

Proposed apartments two, three and four do not have any private open space.


 

Circulation and Common Spaces

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.5

 

O 4.5.1 Circulation spaces have adequate size and capacity to provide safe and convenient access for all residents and visitors.

 

O 4.5.2 Circulation and common spaces are attractive, have good amenity and support opportunities for social interaction between residents.

 

 

The proposal does not incorporate any safety measures or amenity for circulation areas and common spaces for residents and visitors. Circulation spaces, specifically stairwells, do not provide universal access to dwellings. Major openings from all living areas open onto circulation and common areas resulting in noise and privacy intrusion.

Storage

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.6

 

O4.6.1 Well designed, functional and conveniently located storage is provided for each dwelling.

 

 

The proposed store rooms are located adjacent to car parking bays and are not conveniently located or functional for residents.

Managing the Impact of Noise

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.7

 

O 4.7.1 The siting and layout of development minimises the impact of external noise sources and provides appropriate acoustic privacy to dwellings and on-site open space.

 

O 4.7.2 Acoustic treatments are used to reduce sound transfer within and between dwellings and to reduce noise transmission from external noise sources.

 

 

The proposed private internal living areas are located abutting the proposed communal open space and do not allow for acoustic privacy.  There has been no information provided in relation to acoustic treatments that are used to reduce sound transfer within and between dwellings.

Universal Design

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.9

 

O 4.9.1 Development includes dwellings with universal design features providing dwelling options for people living with disabilities or limited mobility and/or to facilitate ageing in place.

 

 

The proposed dwellings do not have universal access, given there are only stairwells leading up to the dwellings.

Façade Design

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.10

 

O4.10.2 Building façades express internal functions and provide visual interest when viewed from the public realm.

 

 

The proposal does not incorporate new design elements that reflect the internal residential functions of the development.

Adaptive Reuse

Element Objective

Proposal

R Codes Volume 2 – Apartments Clause 4.13

 

O4.13.2 Residential dwellings within an adapted building provide good amenity for residents, generally in accordance with the requirements of this policy.

 

 

The proposal does not have provide good amenity for residents in accordance with the requirements of this policy.


 

Mixed Use

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.14

 

O4.14.2 A safe and secure living environment for residents is maintained through the design and management of the impacts of non-residential uses such as noise, light, odour, traffic and waste.

 

 

The proposed residential use would be impacted by the non-residential uses, due to waste and odour. The applicant has not provided details relating to how these impacts would be managed.

Energy Efficiency

Element Objectives

Proposal

R Codes Volume 2 – Apartments Clause 4.15

 

O4.15.1 Reduce energy consumption and greenhouse gas emissions from the development.

 

 

No details have been provided in relation to energy efficiency initiatives. The proposal would require an Occupancy Permit prior to occupancy. During this process, the applicant would be required to demonstrate compliance with the National Construction Code in relation to energy efficiency.

 

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, for a period of 21 days from 6 February 2019 and 26 February 2019. The method of consultation being 41 letters mailed to all owners and occupiers surrounding the site (as shown in Attachment 1), in accordance with the City’s Policy No. 4.1.5 – Community Consultation.

 

At the conclusion of the community consultation period, no submissions were received.

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 7.0 – Design of the Built Environment;

·       State Planning Policy 7.3 – Residential Design Codes Volume 2 – Apartments;

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.4.5 – Temporary Accommodation.

 

On the 24 May 2019 State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments (R Codes Volume 2 – Apartments) was gazetted. R Codes Volume 2 – Apartments supersedes Part 6 of State Planning Policy 3.1 Residential Design Codes (R Codes). R Codes Volume 2 – Apartments provides comprehensive guidance for the development of multiple dwellings and focuses on improved design outcomes for apartments that are responsive and appropriate to the context and character of the site and locality. This is a performance based assessment and applicants are required to demonstrate that the design achieves the objectives of each design element as well as the overall objectives of the R Codes Volume 2.

Delegation to Determine Applications:

The application is being presented to Council for determination at the request of the applicant.

Risk Management Implications:

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:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

R Codes Volume 2 – Apartments introduces a performance based assessment criteria. Applications for development approval need to demonstrate that the design achieves the objectives of each design element. The application has been assessed against the Element Objectives, where the design has not satisfied these requirements the proposal is required to be assessed against the 10 Design Principles set out in R Codes Volume 2 – Apartments.

 

1.       Context and Character

 

Good design responds to and enhances the distinctive characteristics of a local area, contributing to a sense of place.

 

The subject site is surrounded by single storey grouped and single dwellings and single storey commercial development. Adjacent to the west is a two-storey mixed use development with the residential component on the first floor. The proposed use does reflect the existing uses in the locality.

 

The application does not propose to change the street facing façade of the existing building on site. The existing development and the proposal itself does not provide any landscape amenity, or passive and/or active recreational facilities in the communal open spaces to satisfy the Element Objectives of Clause 3.3 Tree Canopy and Deep Soil Areas and Clause 3.4 Communal Open Space.

 

2.       Landscape Quality

 

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, within a broader ecological context.

 

The proposal does not incorporate any alternative landscape approaches to mitigate the absence of deep soil areas and tree canopy, and provide amenity and enhance liveability for residents of the site. The proposal does not satisfy Clause 3.3 Tree Canopy and Deep Soil Areas or Clause 3.4 Communal Open Space, for the following reasons:

 

·       The application does not include any alternative landscape infrastructure to provide amenity to residents; and

·       The proposed communal open space does not include any landscape elements to enhance the quality and amenity of the space.

 

3.       Built Form and Scale

 

Good design ensures that the massing and height of development is appropriate to its setting and successfully negotiates between existing built form and the intended future character of the local area.

 

The application is for a change of use to an existing building. All associated works are located within the existing built form. The application does not require assessment against this design principle.

 

4.       Functionality and Built Form

 

Good design meets the needs of users efficiently and effectively, balancing functional requirements to perform well and deliver optimum benefit over the full life-cycle.

 

The proposal does not meet this design principle for the following reasons:

 

·       The proposed residential store rooms are not consistent with the Element Objectives of Clause 4.6 Storage as they are not functional or conveniently located. The store rooms are located in the car parking area, adjacent to car parking bays that are allocated to the ground floor commercial tenancies. Access to and use of these store rooms is dependent on the vacancy of these car parking bays.

·       The bicycle bay storage areas do not satisfy the Element Objectives of Clause 3.9 Car and Bicycle Facilities as they do not comply with Australian Standard 2890.3 Bicycle Facilities. One of the two bicycle storage areas is located in the car parking area, adjacent to car parking bays that are allocated to the ground floor commercial tenancies. No aisle is provided allowing for adequate access and use of this area and so access is dependent on the vacancy of these car parking bays. The second bicycle storage area is external to the fenced car parking area.

·       The proposed communal open space does not satisfy the Element Objectives of Clause 3.4 as the size, southern orientation and shared nature of the communal space (both with the communal circulation area and proposed fire safety facilities) means that the communal space does not provide a high level of quality and functionality for residents.

·       The proposed communal open space does not satisfy the Element Objectives of Clause 4.7 as the location of the communal open space abutting the proposed living areas of the adjoining dwellings impacts these spaces in terms of noise and privacy and the application does not provide any acoustic treatments to reduce noise transmission into these dwellings, reducing the functionality of these spaces.

·       The size, location and circulation of the internal spaces are not functional as the internal layout cannot accommodate flexible use and furniture settings and is not appropriate to the expected household size.

 

5.       Sustainability

 

Good design optimises the sustainability of the built environment, delivering positive environmental, social and economic outcomes.

 

The proposal does not meet this design principle for the following reasons:

 

·       The proposal does not meet the Element Objectives of Clause 4.1 relating to solar access and daylight as the proposed living areas and outdoor living areas have no direct natural sunlight due to their small size and southern orientation, no direct sunlight and little borrowed light is provided to the living rooms and the rooms shown as ‘Study’ have no windows and given their sizes could be used as habitable rooms.

·       The proposal does not meet the Element Objectives of Clause 4.2 relating to natural ventilation or 4.3 relating to the internal layout the proposed dwellings.

·       The proposal is not consistent with the Element Objectives relating to Clause 3.9 Car and Bicycle Facilities given the proposed bicycle storage areas are not accessible, functional or useable at any time for the residents.

 

6.       Amenity

 

Good design provides successful places that offer a variety of uses and activities while optimising internal and external amenity for occupants, visitors and neighbours, providing environments that are comfortable, productive and healthy.

 

The ground floor tenancies consist of a restaurant and two shops (Grocer and Butcher), and one vacant tenancy. The proposal does not meet this design principle for the following reasons:

 

·       The proposal does not satisfy the Element Objectives of Clause 4.14 relating to Mixed Use Development as the existing bin store for the commercial component of the proposed mixed use development is located directly below the proposed communal open space and would be detrimental to the amenity of the proposed communal open space. The applicant has not provided information relating to the management of odour from the commercial bin store.

·       The proposal does not satisfy the Element Objectives of Clause 3.3 Tree Canopy and Deep Soil Areas as there is no landscape infrastructure proposed to support vegetation to contribute to the amenity of residents.

·       The proposal does not satisfy the Element Objectives of Clause 3.4 Communal Open Space as the proposed communal open space and circulation is located abutting the only living areas for each dwelling, which exacerbates the level of noise from the public space. This limits the amount of privacy to the habitable rooms, given the location of the major openings and entry doors, and the level of comfort, visual privacy and noise privacy into and from these communal areas due to noise and light spillage.

·       The proposal does not satisfy the Element Objectives of Clause 4.3 Size and Layout of Dwellings as the size and shape of the bedrooms proposed in apartments one and four are small in scale and irregular in shape, limiting the furniture layout and use of the rooms. The proposed bedrooms would not provide a comfortable space for the expected resident and does not reflect the design principle in relation to amenity.

·       The proposal does not satisfy the Element Objectives of Clause 4.4 Private Open Space and Balconies as it does not provide access to private open space for proposed apartments two and four and the proposed balcony to apartment one is not considered to be a useable private open space given:

o   The proposed length, width and area is not of appropriate, useable size;

o   The proposed balcony is southern orientated;

o   There is no access that can allow for use in conjunction with a habitable room; and

o   It is southern facing and not open to direct sunlight, reducing liveability and enjoyment to residents.

·       The proposal does not satisfy the Element Objectives of Clause 4.13 Adaptive Reuse.

·       The proposal does not satisfy the Element Objectives of Clause 4.14 Mixed Use the proposal does not.

 

 

7.       Legibility

 

Good design results in buildings and places that are legible, with clear connections and easily identifiable elements to help people find their way around.

 

The proposal is considered to meet the requirements of this design principle as:

 

·       The proposal is small in scale, with two clear direct points of access, being the existing stairwells and an access ramp from the car parking area to the ground floor;

·       The pedestrian access from the public realm is located on Brisbane Place and is accessed from a wrought iron gate. There is limited opportunity for the pedestrian entrance to provide a more attractive and connected façade to the public domain;

·       The existing access points are legible from the car parking area; and

·       There is one clear vehicle access point and clear pedestrian pathways from the car parking areas to the pedestrian access points.

 

8.       Safety

 

Good design optimises safety and security, minimising the risk of personal harm and supporting safe behaviour and use.

 

The proposal does not satisfy the design principle relating to safety as it is not consistent with the Element Objectives of Clause 3.7 Pedestrian Access and Entries and Clause 4.9 Universal Access for the following reasons:

 

·       The built form is existing and was designed based on commercial land uses;

·       There is no passive surveillance onto to the existing stairwells being the main pedestrian access point; and

·       There is minimal passive surveillance of the car parking area and access ramp.

 

9.       Community

 

Good design responds to local community needs as well as the wider social context, providing buildings and spaces that support a diverse range of people and facilitate social interaction.

 

The amenity of the proposed communal open space does not satisfy this design principle as Element Objectives of Clause 3.4 Communal Open Space or Clause 4.13 Adaptive Reuse Design WA are not met for the following reasons:

 

·       The application does not propose any contributing amenity items to the communal open space, such as landscaping, recreational facilities or cooking facilities;

·       It is unlikely that the proposed communal open space would be utilised by residents, reducing the opportunity for interaction between residents; and

·       There is limited opportunity for active use of the proposed communal open space, given the size and access to dwellings.

 

10.     Aesthetics

 

Good design is the product of a skilled, judicious design process that results in attractive and inviting buildings and places that engage the senses.

 

The proposal is for adaptive reuse of existing commercial development and proposes internal works. There is no external works proposed that would impact on the exterior design and aesthetics of the development.

 

Temporary Accommodation

 

The proposal includes one short-term accommodation dwelling. The subject site is located close to public open space, a variety of commercial and retail uses and public transport.

 

The Management Plan has been assessed against the City’s Policy No. 7.4.5 – Temporary Accommodation and proposes:

 

·       To control noise and other disturbances through a code of conduct, payment of bond and provision of specialised landlords insurance to respond to any damage caused by any other disturbances; and

·       A complaints management procedure that provides the contact details, including phone number and email address, of the property manager which is to be contactable at all times, to all other tenants and owners on the subject site.

 

The management plan is not sufficient to protect the amenity of the permanent residents in the complex, particularly given the location of the communal open space adjoining the only living areas of the dwellings.

 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019


 


 


 


 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

5.2          No's. 4 - 10 (Lots: 13, 14 & 15) Cowle Street and No's. 199 - 241 (Lots: 10, 11, 12, 21, 22, 23, 24 & 25) Fitzgerald Street, West Perth - Local Development Plan

TRIM Ref:                  D18/195631

Author:                     Kate Miller, Senior Urban Planner

Authoriser:                John Corbellini, Executive Director Development Services

Attachments:             1.       Consultation and Location Map

2.       Applicant's Original Submission and Response to DRP Comments

3.       Applicant's Further Justification

4.       Summary of Submissions - Applicant's Response

5.       Administration's Comments on Submissions

6.       Local Development Plan

7.       LDP Objective Assessment Against R Codes Volume 2 - Apartments  

 

Recommendation:

That Council:

1.       Pursuant to Clause 47(d) of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 CONSIDERS that a local development plan is required over No’s. 4 – 10 Cowle Street (Lots: 13, 14 & 15) and No’s. 199 – 241 (Lots: 10, 11, 12, 21, 22, 23, 24 & 25) Fitzgerald Street, West Perth for the purposes of orderly and proper planning; and

2.       Pursuant to Clause 52(1)(a) of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 APPROVES the Local Development Plan contained in Attachment 6 for No’s. 4 – 10 Cowle Street (Lots: 13, 14 & 15) and No’s. 199 – 241 (Lots: 10, 11, 12, 21, 22, 23, 24 & 25) Fitzgerald Street, West Perth, subject to the applicant modifying the local development plan as follows and resubmitting the modified plan to the City:

2.1     Replacing Clause 1 with the following:

1a)   The following provisions replace the specified Acceptable Outcomes 4 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments.

1b)    Unless provided for below, the provisions of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments apply.”;

2.2     Deleting Clause 1c;

2.3     Deleting dot points two and eight in Clause 2;

2.4     Replacing dot point 5 of Clause 2 with the following:

The maximum number of parking bays shall not exceed the minimum parking requirements prescribed by State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartment and Local Planning Policy 7.7.1 – Non Residential Development Parking Policy.”;

2.5     Replacing dot point six of Clause 2 with the following:

The ground floor and parking areas of the development shall be designed to be adaptive and convertible to cater for changing uses over time.”;

2.6     Replacing dot point seven of Clause 2 with the following:

No vehicle parking shall adjoin or front Cowle Street.”;

2.7     Replacing the text above the Tables in Clause 3 with the following:

The following provisions replace the Acceptable Outcomes in Clause 2.3 and 2.4 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments.”;

2.8     Replacing the setbacks set out under subclause 3 e) ‘Rear Edge’ with the following:

“Rear Edge – Lots 9, 21, 22, 23, 24 and 25 Fitzgerald Street

All buildings shall be setback 0.5 metres from the right-of-way to allow for widening 

1 – 4 storeys: Nil from the 0.5 metre right-of-way widening area

Above 4 storeys: Setback from the 0.5 metre right-of-way widening area as per the applicable Acceptable Outcomes in Clause 2.4 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments or as amended in accordance with Clause 1.2 4 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments

Rear Edge – Lot 15 Cowle Street

1 – 3 storeys: Nil

Above 3 storeys: 4 metres”

2.9     Replacing the text above the Table in Clause 4 with the following

The following provisions replace the Acceptable Outcomes in Clause 2.2 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments for Lots 9, 10, 11, 21, 22, 23, 24 and 25 Fitzgerald Street and Lots 12 and 13 Cowle Street only.”;

2.10   Replacing the term “Top of external wall” in Clause 5 with the following:

Top of external wall (roof above)”; and

2.11   Replacing the term “Top of roof (concealed)” in Clause 5 with the following:

Top of external wall (concealed roof)”; and

2.12   Replacing Clause 5 with the following:

All of the Element Objectives in Clauses 3.6, 4.10 and 4.14 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments apply to the Internal Edge (North) and Internal Edge (South).”;

2.13   Modifying the Local Development Plan Boundary to remove Lot 1006 from the Local Development Plan; and

2.14   The applicant is to obtain necessary approval from the West Australian Planning Commission in accordance with Clause 1.2 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments.

 

Purpose of Report:

To consider a Local Development Plan (LDP) for No’s. 4 – 10 (Lots 13, 14 and 15) Cowle Street and No’s. 199 – 241 (Lots 10, 11, 12, 21, 22, 23, 24 and 25) Fitzgerald Street, West Perth.


 

Background:

Landowner:

Italo-Australian Welfare & Cultural Centre Inc. and WA Italian Club Inc.

Applicant:

Creative Design and Planning

Date of Application:

14 May 2018

Zoning:

MRS:    Urban

LPS2:   Zone: Mixed Use           R Code: R160

Zone: Commercial

Built Form Area:

Activity Corridor

Existing Land Use:

Office; Recreation – Private, Club Premises and Restaurant

Lot Area:

6,108m²

Right of Way (ROW):

Yes

Heritage List:

No

 

The subject sites are located adjacent to Cowle Street and Fitzgerald Street and are separated by a 5.0 metre wide State Government owned lot, which runs in an east to west direction and is covered by a Water Corporation easement. The sites north of the easement are zoned Commercial and the sites south of the easement are zoned Mixed Use R160 under the City’s Local Planning Scheme No. 2 (LPS2). All of these sites form part of the Activity Corridor Built Form area under the City’s Policy No. 7.1.1 – Built Form (Built Form Policy).

 

The adjoining properties north of the subject site are zoned Commercial under the City’s LPS2 and also form part of the Activity Corridor Built Form area. The adjoining properties east of the subject sites, on the opposite side of Fitzgerald Street and on the west side of the subject sites (adjacent to No’s. 209 – 241 Fitzgerald Street) are reserved for public open space under the City’s LPS2. The adjoining properties south west of the subject sites (adjacent to No. 10 Cowle Street) are zoned Residential R80 under the City’s LPS2 and form part of the Residential Built Form area. The adjacent properties to the south on the opposite side of Cowle Street are zoned Residential R80 under the City’s LPS2 and form part of the Activity Corridor Built Form area. A location plan is included as Attachment 1.

Details:

The local development plan proposes to replace the deemed-to-comply setback and building height standards as prescribed by the Built Form Policy. The LDP proposes to permit a maximum building height of eight storeys and 31 metres across the site. The Built Form Policy permits a maximum height of six storeys and 22.5 metres for the site.  It is noted the Built Form Policy prescribes a maximum height (top of concealed roof) of 26.7 metres for eight storey developments and that 31 metres is equivalent to just over nine storeys under the Built Form Policy.

 

The LDP also proposes additional requirements and objectives. Each of these design elements are discussed individually in the Comment section below.

 

Pursuant to Clause 1.2.2 of State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments (R Codes Volume 2 – Apartments), a local government may prepare and adopt a local development plan that amends or replaces the Acceptable Outcomes of Part 2, which includes but is not limited to Clause 2.2 – Building Height, Clause 2.3 – Street Setbacks and Clause 2.4 – Side and Rear Setbacks. These amendments do not require the approval of the Western Australian Planning Commission (WAPC).

 

Pursuant to Clause 1.2.4, the local government may, with the approval of the WAPC, prepare a local development plan to augment the R Codes Volume 2 – Apartments with Objectives to guide judgement about the merit of proposals relating to any aspect of apartment development that is not provided for under the R Codes Volume 2 – Apartments and is required within the local context.

 

The WAPC has confirmed an LDP at the aforementioned site is required for the purpose of orderly and proper planning so as to assist in coordinating and facilitating development of lots within the LDP area.

 

The applicant’s justification for the LDP is summarised as follows:

 

·       The proposed redevelopment of the site seeks to deliver development up to eight storeys fronting Fitzgerald Street and will act as a key transition point and landmark between the Northbridge fringe area and the relatively undeveloped North Perth end of Fitzgerald Street strip;

·       The intent of the LDP is to set future parameters and ensure aspects such as building envelopes, heights and design elements for future development of the site, whilst ensuring the future development will not have undue impacts on surrounding development or the streetscape;

·       The LDP seeks to incorporate provisions that will promote active street frontages to engage with the streetscape and public spaces, provide improved passive surveillance, achieve a scale of development that is reflective of the desired future character of the areas as envisaged under the Built Form Policy and mitigate any perceived impact of bulk and scale.

 

The applicant’s full justification is included as Attachment 2 and Attachment 3.

 

Summary Assessment

 

The below table compares the deemed-to-comply standards set out in the Built Form Policy against those proposed by the LDP.

 

Street Setbacks

Deemed-to-Comply Standard

Proposal

Clause 1.2 of Built Form Policy

 

Nil

 

 

Ballroom Edge

First three storeys: Nil

Fourth, fifth and sixth storey: 1.5 metres

Above six storeys: 4.5 metres

 

 

Fitzgerald Street

First three storeys: Nil

Fourth, fifth and sixth storey: 3.0 metres

Above six storeys: 6.0 metres

 

 

Piazetta Edge

First three storeys: Nil

Fourth, fifth and sixth storey: 3.0 metres

Above six storeys: 6.0 metres

 

 

Cowle Street

First two storeys: Nil

Third and fourth storey: 1.5 metres

Fifth and sixth storey: 4.5 metres

Above six storeys: 7.5 metres

Lot Boundary Setbacks

Deemed-to-Comply Standard

Proposal

Clause 1.2 of Built Form Policy

 

Rear Edge (Adjoining Residential Built Form Areas)

 

First three storeys: 4.5 metres

Fourth storey and above: 6.5 metres

Unless a balcony is proposed adjacent to residential development in which the setback shall be 6 metres

 

 

 

Rear Edge (Adjoining Residential Built Form Area)

 

First four storeys: Nil

Above four storeys: 6.5 metres

Unless a balcony is proposed adjacent to residential development in which the setback shall be 6 metres

 

Rear Edge (Adjoining Non-Residential Built Form Area)

 

First two storeys: Nil

Above two storeys: 4 metres

Rear Edge (Adjoining Non-Residential Built Form Area)

 

First four storeys: Nil

Above four storeys: 4 metres

 

Commercial Edge (Adjoining Non-Residential Built Form Area)

 

First two storeys: Nil

Above two storeys: 4 metres

Commercial Edge

 

 

First three storeys: Nil

Above three storeys: 3.0 metres

 

Internal Edge (Adjoining Non-Residential Built Form Area north and south)

 

First two storeys: Nil

Above two storeys: 4 metres

Internal Edge (north and south)

 

 

First three storeys: 1.5 metres

Fourth, fifth and sixth storey: 4.5 metres

Above six storeys: 7.5 metres

 

 

Building Heights

Deemed-to-Comply Standard

Proposal

Clause 2.1 of Built Form Policy

 

Maximum of six storeys

Top of external wall (roof above): 19.5 metres

Top of external wall (concealed roof): 20.5 metres

 

 

Maximum of eight storeys

Top of external wall (roof above): 30 metres

Top of external wall (concealed roof): 31 metres

 

The above elements of the proposal are discussed in the Comment section below.

Consultation/Advertising:

The application was advertised in accordance with the City’s Policy No. 4.1.5 – Community Consultation for a period of 21 days from 29 October 2018 to 18 November 2018. The method of advertising included 570 letters mailed to all owners and occupiers surrounding the site, two signs on site (located on Fitzgerald Street and Cowle Street) and a notification in the local newspaper.

 

A total of 11 submissions were received, being six objections, four in support and one submission neither supporting nor objecting to the proposal. Two of the submissions in support of the proposal included a total of 301 signatures. These submissions did not satisfy the City’s requirements for a petition and each is to be considered as a stand-alone submission.

 

A summary of the submissions objecting and expressing concerns of the proposal are summarised as follows:

 

·       The height is not appropriate for the site as it will be out of character with the surrounding locality;

·       The setbacks to the adjoining residential properties need to be better defined;

·       Concerns the ground floor edges will not be adequately activated;

·       The development will result in a loss of natural sunlight to adjoining properties and the street;

·       The increase in density will cause access and parking issues for the surrounding residents;

·       The development will have an adverse impact on the heritage character of the locality;

·       High density living will impact the locality; and

·       The reduced ‘rear’ edge setback will result in a loss of privacy.

 

A summary of the submissions in support of the proposal are summarised as follows:

 

·       The Local Development Plan will assist in achieving a better built form outcome by linking lot designs;

·       The Local Development Plan will provide the future framework for a ‘landmark’ building to be pursued in this transitional part of Fitzgerald Street;

·       The site is surrounded by large areas of open space and located on a high frequency bus route. The proposed framework will foster the creation of a place where people can stop, enjoy and appreciate their surroundings, rather than its current function as a transport corridor;

·       The variations proposed, including height limits and setbacks, are consistent with the future desired built form along Fitzgerald Street; and

·       Greater density and the mixture of residential and commercial, on a main road and close to Perth City is to be encouraged.

 

A summary of the submissions and the applicant’s response to the submissions is included as Attachment 4, with Administration’s comment on each submission included as Attachment 5.

 

Following consideration of the submissions the applicant modified the proposed LDP and submitted this to the City (see Attachment 6).

Design Review Panel (DRP):

Referred to DRP:            Yes

 

The proposal was considered by the City’s DRP on 8 November 2017. The comments raised by the DRP resulted in the following changes to the original submission of the LDP:

 

·       Increased setback to the Piazetta Edge to allow for alfresco dining, informal seating, etc. so as to activate the easement, which will be publically accessible;

·       Increased setbacks to the side lot boundaries and street boundaries; and

·       Mandatory ‘active edges’ along Fitzgerald Street, Cowle Street and the easement frontages.

 

The comments provided by the DRP and the applicant’s response is included as Attachment 2.

Legal/Policy:

·       Planning and Development Act 2005;

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

·       City of Vincent Local Planning Scheme No. 2 (LPS2);

·       State Planning Policy 3.1 – Residential Design Codes (R Codes);

·       State Planning Policy 7.3 – Residential Design Codes Volume 2 – Apartments (R Codes Volume 2 – Apartments)

·       Policy No. 4.1.5 – Community Consultation; and

·       Policy No. 7.1.1 – Built Form (Built Form Policy).

 

In accordance with Schedule 2 Clause 77 (1) 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.

 

WAPC’s State Planning Policy 7.3 Residential Design Codes – Volume 2 Apartments

 

On 18 February 2019, the WAPC released the documentation for Design WA, which includes State Planning Policy 7.3 Residential Design Codes – Volume 2 Apartments and Design Review Guide. The Minister for Planning has announced this will become operational on 24 May 2019.

 

The local development plan has been considered against this policy as the policy will be applicable to all future development.

 

City of Vincent Policy No. 7.1.1 – Built Form;

 

The City has undertaken community consultation for amendments to the existing Built Form Policy. The community consultation period concluded on 11 December 2018.

 

The local development plan has been considered against the proposed amendments to the Built Form Policy, which are expected to be presented to Council in the first half of 2019 to consider its acceptability following community consultation.

Risk Management Implications:

There are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a local development plan.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

 

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

Design Objectives

 

Each of the objectives proposed within the LDP have been considered against the relevant Element Objectives of the R Codes Volume 2 – Apartments. The appropriateness and relevance of these objectives is discussed within Attachment 7.

 

Building Design

 

The LDP proposes an objective for the building façade to present as a collection of smaller buildings, as per a recommendation from the City’s Design Review Panel. Although there are specific Element Objectives within R Codes Volume 2 – Apartments which relate to the appearance, bulk and scale of a building, the subject objectives provides guidance with regard to the expected design outcome of this development in the context of its locality.

 

The LDP also proposes objectives for the development to respond to the desired future built form and streetscape outcomes and for the building to be visually interesting. Relevant objectives are provided within the R Codes Volume 2 – Apartments and those objectives are not recommended to be included within the LDP.

 

The R Codes Volume 2 – Apartments provides a number of Element Objectives and supporting Acceptable Outcomes requiring street surveillance. The subject site is adjacent to a public carpark which would benefit from passive surveillance. The objective recommended within the LDP is necessary to ensure future development achieves this requirement rather than just the street surveillance outcome required by the R Codes Volume 2 - Apartments.

 

Vehicle Parking

 

The LDP currently relies on the parking requirements prescribed within the R Codes and the City’s Local Planning Policy 7.7.1 Non-Residential Development Parking Requirements (Parking Policy). These policies prescribe minimum parking requirements. To ensure the development does not result in an oversupply of parking, an objective is recommended so the maximum parking provided on site does not exceed the minimum parking required under the relevant policies.

 

The LDP also includes an objective for the vehicle parking areas to be designed so they minimise negative visual impacts on the streetscape. Clauses 3.8 and 3.9 of the R Codes Volume 2 – Apartments provide a number of Element Objectives and Support Acceptable Outcomes requiring vehicle parking to be concealed from the street. These objectives are reasonable and acceptable to ensure vehicle parking does not dominate the Fitzgerald Street streetscape.

 

Cowle Street is a less intensive residential streetscape. It would not be appropriate for vehicle parking to be located on this frontage as this would result in a façade that does not align with the existing residential character of this streetscape.  An additional objective is recommended for inclusion in the LDP that ensures that vehicle parking areas are not provided anywhere along the Cowle Street frontage.

 

Adaptive Reuse

 

The LDP has included an objective for the design of the development to allow for adaptive reuse. The R Codes Volume 2 – Apartments provides some guidance for buildings to be design for adaptive reuse though ground floors having large floor to ceiling heights.  To ensure the ground floor and car parking areas can be adapted over time to different uses, noting the likelihood of changes in use and a lower reliance on private vehicles, an amended objective is recommended requiring these areas to be designed to be adaptive and convertible to cater for changing uses over time.

 

Noise

 

The City’s Policy No. 7.5.21 Sound Attenuation provides guidance for when an acoustic report is required to be considered as part of a development application. An acoustic report for future development on this site would be required for the City’s consideration.

 

Heritage Wetlands Trail

 

The City’s Heritage Wetlands Trail and Greenway currently runs along Lawley Street, onto Fitzgerald Street and through Robertson Park. The City has reviewed the ability for the Water Corporation easement to form part of the heritage trail/greenway. Due to the orientation of the easement, the lack of access to natural sunlight between the existing buildings and the significant below ground Water Corporation infrastructure, it would not be possible to provide sufficient canopy coverage along this easement to support the heritage trail/greenway. It should also be noted that the Water Corporation easement is Crown Land and as it is not owned by the applicant will fall outside of the boundary of the Local Development Plan.

 

The City’s Greening Plan has been part of the implementation of the this heritage trail/greenway, with this section of Fitzgerald Street being planted with appropriate tree species to support this link in the last 18 ‑ 24 months. Lawley Street and Robertson Park are already provided with advanced trees to support this link.  To respect the existing trail, an objective has been included requiring that appropriate landscaping be provided on site that would integrate with the City of Vincent Wetlands Heritage Trail/Vincent Greenway and nearby parklands.

 

Street Setbacks

 

The City’s Built Form Policy prescribes a deemed-to-comply street setback of nil for the first three storeys of development in this location. The Built Form Policy does not prescribe deemed-to-comply street setbacks above three storeys and so permits a nil street setback for these floors.

 

The LDP proposes a nil deemed-to-comply setback for the first three storeys to all street frontages, with the exception of the Cowle Street frontage, which is permitted a nil setback for the first two storeys only. The LDP also prescribes specific deemed-to-comply setbacks above the second and third storeys.

 

The street setbacks proposed in the LDP are appropriate.  The nil setback proposed for the first three storeys to Fitzgerald Street is consistent with the Built Form Policy. The ‘Piazzetta Edge’ setbacks will provide space to encourage active uses between Fitzgerald Street and the easement, which will act as a pedestrian access way. This is consistent with the intent of the City’s Built Form Policy to activate frontages.

 

The nil setback proposed for the first two storeys to Cowle Street also aligns with the Built Form Policy. The 1.5 metre setback proposed for any third storey fronting Cowle Street and the various setbacks proposed for development above three storeys is additional to the nil setbacks prescribed in the Built Form Policy. These setbacks will ameliorate some of the impact of the additional height proposed by the LDP.

 

Setbacks adjoining residential built form areas

 

The southern portion of the LDP’s Rear Edge, Lot 15, is adjacent to a residential built form area to the west. Where development abuts a residential built form area, the Built Form Policy prescribes a minimum setback of 4.5 metres for the first three storeys and a minimum setback of 6.5 metres for the fourth storey and above, unless a balcony is proposed in which case the setback shall be as per Clause 5.4.1 or Clause 6.4.1 of the R Codes.

 

The LDP proposes a nil setback for the first four storeys. The fifth storey and above is then required to be in accordance with the applicable Built Form Policy, as described above.

 

One submission was received during the consultation period which raised concerns with the developments interface with the adjoining residential properties.

 

The current development on the adjoining residential property comprises two storey multiple dwellings. There are two openings in the adjacent wall of this development that face the ‘Rear Edge’ of the LDP site. The rooms with these openings each contain another opening along the northern elevation, ensuring access to natural sunlight is maintained for these rooms. The development’s communal open space is located to the rear of the development towards the north western boundary, away from the LDP area.

 

The adjoining residential area is permitted a maximum building height of three storeys and a boundary wall to a maximum of two storeys. An adjoining four storey boundary wall will not result in an appropriate interface with the adjoining residential development or Cowle Street streetscape.

 

The sites are separated by a 3.0 metre wide right-of-way. A boundary wall for the first three storeys would be more consistent with that permitted in the adjoining Cowle Street residential built form area and provide an adequate relationship between the subject site and adjoining residential property.

 

Setbacks adjoining non-residential built form areas

 

The northern portion of the LDP’s ‘Rear Edge’ is adjacent to non-residential built form areas, including the City’s Fitzgerald Street Car Park and club buildings occupied by the Azzurre Bocce Club. The LDP proposes a nil setback to this edge for the first four storeys. The fifth storey and above is then required to be in accordance with the Built Form Policy, being a minimum of 4 metres.

 

No submissions were received in relation to the rear setbacks adjoining the non-residential built form areas.

 

The nil setbacks for the first four storeys would have no adverse impact on any adjoining residential or commercial properties or the streetscape. A 3.0 metre wide right-of-way separates the LDP area from the City’s car park and club building. The club premises comprises a single storey building with nil setbacks to the right of way and contains no openings along the subject boundary. As there is no residential, commercial or other sensitive development which will be affected by the development abutting the subject site, a nil setback for the first four storeys is considered appropriate for future development.

 

There is mature vegetation between the car park and the subject site and between the public open space and the car park. The vegetation will provide some screening of the future development and ameliorate impacts of building bulk and mass that may be visible from the adjoining areas. Whilst ‘Active Edges’ are not required to the rear edge, the objectives of the LDP require a high-quality building interface and surveillance to the public car park at the rear. Design elements will be considered once a development application is lodged, and reviewed by the City’s Officers and DRP.

 

Internal Setbacks

 

Where development abuts a Non-Residential Built Form area, the Built Form Policy prescribes nil setbacks for the first two storeys and a minimum setback of 4 metres thereafter.

 

The LDP proposes the ‘Internal Edge’ of the development to comprise a minimum setback of 1.5 metres for the first three storeys, a minimum setback of 4.5 metres for the fourth, fifth and sixth storeys and a minimum setback of 7.5 metres for development above six storeys.

 

The proposed setbacks to the easement are appropriate. The 1.5 metre setback for the first three floors will provide some relief between the buildings and ensure access to natural sunlight and ventilation to the lower levels.  The ‘Piazzetta’ setbacks would ensure an outdoor space is created on Fitzgerald Street either side of the easement that would provide suitable space to activate the street through alfresco dining, informal seating and the like. The setbacks for the fourth storey and above would result in a separation between the building of no less than 13 metres, which would ameliorate impacts of building bulk and mass for residents.

 

Side Setbacks

 

Where development abuts a Non-Residential Built Form area, the Built Form Policy prescribes a side boundary wall up to two storeys and a minimum setback of 4 metres thereafter.

 

The LDP proposes side boundary walls up to three storeys and a minimum setback of 3.0 metres thereafter.

 

No submissions were received in relation to the proposed side setbacks.

 

The LDP adjoins one property, zoned Commercial, to the north.  The existing development on this site is two storeys in height and includes a two storey boundary wall adjoining the LDP boundary.

 

 

 

 

The adjoining commercial development will largely screen a three storey boundary wall. The side boundary setbacks proposed will not impact on Fitzgerald Street of Lawley Street, given the adjoining two storey commercial development will also largely screen the development from the street. The setbacks would also not affect any active habitable spaces of the adjoining commercial development itself. The side setbacks proposed would not cause adverse impacts and are acceptable.

 

Building Height

 

The City’s Built Form Policy permits six storeys with a maximum building height of 19.5 metres for external walls (roof above) or 20.5 metres for concealed roofs.

 

The LDP proposes a maximum of eight storeys with a maximum building height of 30 metres for externals walls (roof above) or 31 metres for concealed roofs.

 

A number of submissions were received during the consultation period which raised concerns relating to the proposed height not being in keeping with the existing or desired streetscape character and impacts caused by a loss of natural sunlight.

 

The northern and eastern portion of the LDP area is adjacent to commercial development, sites that sit within the six storey Activity Centre Built Form Area or public open space. For this portion of the LDP area, the setback requirements of the LDP, combined with the provisions of the Built Form Policy and R Codes, are adequate to ensure the height proposed would have no additional impact on the streetscape or surrounding properties.

 

The south-western portion of the LDP, incorporating Lots 14 and– 15 Cowle Street, is directly adjacent to the Residential Built Form Area. This portion of Cowle Street has a deemed-to-comply height of three storeys and is made up of residential development between one and three storeys in height. This includes a number of single storey heritage listed properties, two of which sit directly opposite Lots 14 and 15 Cowle Street.

 

Applying a height of eight storeys and 31 metres to Lots 14 and 15 in this context is not appropriate. The eight storey and 31 metre height proposed will create the potential for additional overshadowing of the lots on the southern side of Cowle Street and despite the setbacks would dominate the street. It is recommended that the LDP be modified to remove the eight storey height proposed for Lots 14 and 15 Cowle Street. These lots will then be covered by the six storey height set in the Built Form Policy for this area.

 

Active Frontages

 

Part 5 of the LDP proposes a number of provisions relating to active frontages along the Fitzgerald Street and Cowle Street. Clause 3.2 Orientation, Clause 3.6 Public domain interface, Clause 3.7 Pedestrian access and entries, Clause 4.10 Façade design and Clause 4.14 Mixed use contained within the R Codes Volume 2 – Apartments contain Element Objectives, Acceptable Outcomes and Design Guidance to facilitate active frontages. The provisions contained within Clause 5 are not necessary.

 

The LDP excludes an auditorium from being required to meet the active frontage requirements and allows for up to 25 percent of the frontage to incorporate non-active elements. This is not consistent with the intended outcome of the R Codes Volume 2 – Apartments and are not appropriate for inclusion in the LDP.

 

The LDP also proposes to require the internal easement to be treated with an active frontage, which is appropriate. An objective is recommended to be included to ensure the internal edges provide active frontages as intended.

 

It is recommended that the LDP be modified to remove Part 5 and to state that the Ground Floor Design and Building Design provisions of the R Codes Volume 2 – Apartments apply to the internal easement in the same way as they apply to the street frontages.

 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator



 


PDF Creator



PDF Creator


 

PDF Creator


 

PDF Creator


 


 

PDF Creator



PDF Creator



PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 


 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator



 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019


 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

5.3          Review of Policy No. 3.8.12 - Mobile Food Vendor

TRIM Ref:                  D19/66026

Authors:                   Rachel Wells, Environmental Health Officer

Prue Reddingius, Co-ordinator Environmental Health

Authoriser:                John Corbellini, Executive Director Development Services

Attachments:             1.       Policy No. 3.8.12 - Mobile Food Vendor - Proposed Amendments  

 

Recommendation:

That Council:

1.       AUTHORISES the Chief Executive Officer to provide local public notice of the proposed amendments to Policy No. 3.8.12 – ‘Mobile Food Vendor’ as at Attachment 1; and

2.       NOTES that at the conclusion of the public consultation period any submissions received will be presented to Council for consideration.

 

Purpose of Report:

To consider proposed amendments of Policy No. 3.8.12 – Mobile Food Vendor (Mobile Food Vendor Policy) for the purposes of public consultation.

Background:

The Mobile Food Vendor Policy was first introduced by Council for trial purposes over a three month period following endorsement at the 2 December 2014 Ordinary Meeting of Council. Following the trial, Council adopted the Mobile Food Vendor Policy on 25 August 2015, with amendments, subject to a review in 12 months.

 

The Mobile Food Vendor Policy in its current form was endorsed by Council on 23 August 2016 following the 12 month review. Since the policy came into effect, the City has issued 23 permits, spread across three financial years. The City has received 4 formal complaints in that time.

 

At the OMC held on 13 November 2018, Council resolved:

 

‘That Council:

 

1.       MODIFIES the Policy No. 3.8.12 – Mobile Food Vendor by deleting Location 1 from the map of Hyde Park (Section 3, Page 3)

 

2.       INITIATES a review of the Policy No. 3.8.12 – Mobile Food Vendors and requires a report to be presented to Council by no later than 30 April 2019 to consider a revised policy for the purposes of public consultation. That review is to consider:

 

2.1     Councils Approach to the use of City parks and reserves for commercial purposes;

2.2     Maximum number of hours that a vendor may remain in one location; and

2.3     Permitted trading locations throughout the district.’

Details:

The proposed amendments to Mobile Food Vendor Policy are as follows:

 

Vehicle Management

 

Consultation with vendors has raised awareness of the interaction between pedestrian/park users and vendors as vehicles are entering and exiting the trading zones, particularly on weekends and peak periods.

 

To ensure adequate management of vehicles is considered by vendors when applying to the City, Administration recommends the following amendment:

 

‘8.      HOW TO APPLY FOR A VENDING VINCENT PERMIT

 

8.2(f)  Submission of a statement detailing management measures to ensure safe entry and exit from trading zones.’

 

Administration will provide prospective vendors guidance material to detail the kind of measures that should be taken to ensure safe vehicle entry and exit to support them through the application process.

 

Waste management

 

An audit conducted by the City’s Waste Services across Feb/March 2019 found participating vendors were depositing commercial waste into the City’s bins.

 

The review identified improvements to waste collection streams by vendors should be made and provision for this explicitly included within the policy.

 

Administration recommends the following amendment:

 

‘4.      MAINTENANCE AND CLEANING

 

4.4     No waste or litter may be disposed of in City rubbish bins. Mobile Food Vendors must provide three bins (general waste, recycling and FOGO) for collection and storage of waste generated by their business. Vendors should ensure the area around their position is kept clear of rubbish and refuse at all times and all waste generated/collected by the Vendor should be removed from site by the Vendor. The City does not permit any commercial waste or waste generated by Vendors to be disposed of in public space rubbish or recycling bins.’

 

Singe Use Plastics Ban

 

On 22 August 2017 Council adopted a Notice of Motion requesting investigation of the use of single use plastics and the mechanisms that could be used to encourage or prescribe their reduction or elimination. A survey by the City found that the current mobile food vendor permit holders support a single use plastics ban.

 

Administration recommends the following amendment:

 

‘4.      MAINTENANCE AND CLEANING

 

4.5     Mobile Food Vendors must use fully compostable serving ware (including all plates, bowls, food containers, cups, straws and crockery). Vendors must display signage directing customers to dispose of all such compostable items in a general waste bin. Single use plastic must be limited to bottled drinks only and vendors must display signage directing customers to dispose of plastic drink bottles in a recycling bin.’

 

CEO Approval for extenuating circumstances

 

In case of extenuating circumstances caused by weather, an event or park maintenance, the CEO should be able to approve a temporary alternative trading location to allow vendors to continue trading.

 

Administration recommends the following amendment:

 

‘3.      LOCATION AND SITING

 

3.1.7  An alternative trading location within the listed reserve may be considered in extenuating circumstances, at the sole discretion of the CEO for a maximum period of 4 months within a financial year.’

 

Amendment to trading location at Britannia Reserve

 

An amendment to the trading location at Britannia Reserve, Mount Hawthorn is proposed to increase visibility to the public and viability for food vendors. The amendment is included in Attachment 1.

Trading Hours at Charles Veryard Reserve

 

It is proposed to eliminate trading at Charles Veryard Reserve on Sundays following feedback received from clubs to not interfere with canteen operations on this day.

Consultation/Advertising:

In accordance with Part 2 of the City’s Policy No. 4.1.1 – Adoption and Review of Policies, formal advertising of the proposal will occur for a period of 21 day by means of:

 

·       Written notification to landowner/occupiers within proximity to trading zones;

·       Written notification to current permit holders;

·       Notice in the Perth Voice and Guardian Express once per week for four weeks; and

·       Notice on the City’s website and social media platforms.

 

The results of community consultation will be presented to a Council Meeting along with the draft amendments to Mobile Food Vendor Policy for consideration.

Legal/Policy:

·       Local Government Act 1995;

·       City of Vincent Trading in Public Places Local Law 2008;

·       City of Vincent Health Local Law 2004;

·       Environmental Protection (Noise) Regulations 1997;

·       Environmental Protection (Unauthorised Discharges) Regulations 1997;

·       Food Act 2008;

·       Australia New Zealand Food Standards Code;

·       Policy No 3.8.12 – Mobile Food Vendor; and

·       Policy No. 4.1.1 – Adoption and Review of Policies.

Risk Management Implications:

Low:  It is low risk for the City to prepare an amendment to a City Policy for the purpose of advertising for public comment.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Enhanced Environment

We have improved resource efficiency and waste management.

Our parks and reserves are maintained, enhanced and well utilised.

We have minimised our impact on the environment.

 

Connected Community

Our community facilities and spaces are well known and well used.

 

Thriving Places

We encourage innovation in business, social enterprise and imaginative uses of space, both public and private.

Comments:

The Council resolution of 13 November 2018 requested that the review of the Mobile Food Vendor Policy considered three key areas as follows:

 

 

 

 

Councils Approach to the use of City parks and reserves for commercial purposes

 

The proposed amendments to the Mobile Food Vendor Policy will ensure that vendors continue to activate our public open spaces and attract users to our parks and reserves while promoting a safe and enhanced environment in keeping with the City’s Strategic Community Plan 2018-2028.

 

During inspections in Hyde Park and Braithwaite Park, the City’s Health & Parks officers have consistently received positive comments from members of the public regarding the importance of the allowing the mobile food vendors to continue to operate in their current locations.

 

Maximum number of hours that a vendor may remain in one location

 

It is recommended that the current trading hours (7.00am – 9.00pm) remain without amendment. These hours allow mobile food vendors to offer food and beverage during the hours the City’s parks are used by the public, while not extending to times that would potentially impact on surrounding residential properties.

 

The City has only received 1 complaint in relation to the length of operating hours since commencement of the program. This complaint related to Location 1 in Hyde Park, which has now been removed.

 

Permitted trading locations throughout the district

 

Hyde Park

 

Council resolved at the meeting held 13 November 2018 that Location 1 be deleted from the map of Hyde Park. This took effect immediately. It is recommended the remaining trading location in Hyde Park remain without amendment. This location (the eastern end of the park) is furthest from permanent businesses, setback from surrounding residential properties, the access route is acceptable for vehicles and current vendors are satisfied with the location. Further, the guidelines contained within the Mobile Food Vendor Policy were developed to ensure locations of operation do not have a negative impact on wildlife in the park. Although the location of food trucks is in close proximity to the lakes, there is no evidence to suggest this will have any negative impacts on the turtle population as they remain in the lakes for most of the year and only come out at certain times of the year to nest in higher ground.

 

Braithwaite Park

 

It is recommended the current location remains without amendment. This location is suitable for access by vehicles, with the service gate directly adjacent to the area and it is also the location in the park furthest away from local businesses. A coffee vendor has attended this location for the past two years and the City has not received any complaints regarding this location. Through inspections, the City’s Health & Parks officers have received positive comments regarding the mobile food vendor from families who are at the park.

 

Charles Veryard Reserve

 

No vendors have traded in this location. Modernians Hockey Club, Cardinals Junior Football Club and Tuart Hill Cricket Club recommend that the trading locations remain without amendment as they would not interfere with clubs current operations.

 

Britannia Reserve

 

No vendors have traded in this location. It is proposed to move the current trading location further into the reserve to improve visibility to customers and encourage vendors to utilize this location. The amendment to the Mobile Food Vendor Policy is included in Attachment 1.

 

Banks Reserve

 

No vendors have traded in this location. The guidelines contained within the Mobile Food Vendor Policy were developed to ensure locations of operation do not have a negative impact on wildlife in the park. Consultation with the Parks team recommends that this location remains without amendment for access purposes.

 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

6            Engineering

6.1          2019 Greening Vincent Garden Awards

TRIM Ref:                  D19/49802

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

Authoriser:                Andrew Murphy, Executive Director Infrastructure and Engineering

Attachments:             Nil

 

Recommendation:

That Council:

1.       NOTES that Administration will arrange a “2019 Greening Vincent Garden Awards” function to be held at the North Perth Town Hall on Wednesday 13 November 2019 commencing at 6pm with invitees including competition entrants/partners and sponsors; and

2.       APPROVES a final judging panel including Cr……………..……..., Cr………………….…, and Cr…………………… .

 

Purpose of Report:

To consider appointment of Council members for the final judging panel and to advise Council of the dates and format of the 2019 Greening Vincent Garden Awards.

Background:

An annual spring garden competition has been held since the City’s inception. The competition is open to all residential and business owner/occupiers that have lived in the area for at least six months.

 

An awards night is held in November of each year and last year for the first time the awards night was held at the North Perth Town Hall. This proved to be an ideal venue and well received by all attendees.

Details:

The proposed format for the 2019 Greening Vincent Garden Awards is as follows:

 

Categories:

 

Categories for the 2019 Greening Vincent Garden Awards are listed below and remain unchanged from last year.

 

·       Best Residential Front Garden

·       Best Kept Verge

·       Catchment Friendly Garden

·       Best Courtyard or Balcony Garden

·       Best Business Garden

·       Best Residential Rear Garden

·       Best Vegetable or ‘Food’ Garden

 

Judging:

 

Preliminary judging of all categories will be undertaken by the City’s horticultural staff and final judging will be undertaken on the morning of Saturday 12 October 2019. It is proposed that the final judging panel comprise of the following members:

 

·       3 Council Members (To be nominated) – City of Vincent

·       Manager Parks and Urban Green

·       Projects Officer – Parks and Urban Green

·       Water Corporation Representative;

·       Previous Award Winners

 

Awards/Prizes:

 

The value and individual awards themselves remains unchanged from last year.  This year as an alternative to providing cash prizes a City of Vincent voucher pack containing vouchers for local businesses will be prepared and presented as listed below:

 

Categories:

 

 

 

Best Residential Front Garden

Catchment Friendly Garden

 

First Prize

Second Prize

Third Prize

 

$500 voucher pack + plaque

$300 voucher pack + doormat

$200 voucher pack + doormat

 

Best Residential Rear Garden

Best Courtyard or Balcony Garden

Best Vegetable or ‘Food’ Garden

Best Kept Verge

Best Business Garden

 

First Prize

Second Prize

Third Prize

 

$250 voucher pack + plaque

$150 voucher pack + doormat

$100 voucher pack + doormat

 

Verge Encouragement Award

Mayor’s Encouragement Award

 

 

 

Awards Function:

 

The move of the awards night to the North Perth Town Hall last year was very successful and this venue has again been booked for the event.

Consultation/Advertising:

An advertisement will be placed in the local community papers, banners placed in parks promoting the awards during August/September 2019 and a communication and marketing strategy will be prepared and implemented in conjunction with the City’s marketing team.

Legal/Policy:

Not applicable.

Risk Management Implications:

Not applicable.

Strategic Implications:

1.         This is in keeping with the City’s Strategic Community Plan 2018-2028:

2.          

Enhanced Environment

Our urban forest/canopy is maintained and increased.

 

Thriving Places

We encourage innovation in business, social enterprise and imaginative uses of space, both public and private.

SUSTAINABILITY IMPLICATIONS:

In keeping with our commitment to environmental sustainability and water wise principles, all entries will be evaluated in accordance with water wise criteria, including the use of native plants, suitable mulch, water saving initiatives and demonstrated responsible use of fertilisers and chemicals.

Financial/Budget Implications:

An amount of $22,000 has been included in the draft budget to undertake the Greening Vincent Garden Awards.

 

A grant of $1,250 will be received from the Water Corporation for the Catchment Friendly Garden category and sponsorship via local businesses and contractors will be sought.

 


Council Briefing Agenda                                                                                             21 May 2019

6.2          Review of Infrastructure and Environment policies relating to Parks

TRIM Ref:                  D19/49803

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

Authoriser:                Andrew Murphy, Executive Director Infrastructure and Environment

Attachments:             1.       Policy 2.1.1 Public Open Space - Maintenance of Naturally Vegetated Areas.

2.       Policy 2.1.8 Parks & Reserves - Water Conservation Guidelines

3.       Policy 2.1.4 Prohibition of Circuses with Animals

4.       Policy 2.1.6 - Parks and Reserves - Playgrounds, Barbeques, Outdoor Exercise Equipment and Lights  

 

Recommendation:

That Council:

1.       AUTHORISES the Chief Executive Officer to provide local public notice of the proposed amendments to the City’s Policy 2.1.1 – ‘Public Open Space – Maintenance of Naturally Vegetated Areas’, at Attachment 1, for a period of 21 days; and

2.       REPEALS the following policies as shown in Attachments 2, 3 and 4;

Policy No.

Policy

2.1.8

Parks and Reserves – Water Conservation Design Guidelines.

 

2.1.4

Prohibition of Circuses with Animals

 

2.1.6

Parks and Reserves – Playgrounds, Barbeques, Outdoor Exercise Equipment and Lights.

 

 

Purpose of Report:

To consider the proposed amendments and repeal of the City’s policies relating to parks, which are due for periodic review.

Background:

Council adopts various policies that provide guidance to Administration on a range of issues and assist Council in its decision-making. Policies are reviewed and/or amended from time to time as the need arises.

Details:

Administration has reviewed the policies within the Infrastructure and Environment Directorate referring to parks operations.  These are listed below with the proposed actions – either to repeal the policy (REPEAL) or to readopt with minor amendments (AMEND) together with a brief commentary on each policy.

 

Policy

No.

Policy Name

Action

Commentary

2.1.1

Public Open Space – Maintenance of Naturally Vegetated Areas

AMEND

Minor amendments have been made to this policy to simplify and/or reflect changes in maintenance standards and procedures applied within the City.

 

2.1.4

Prohibition of Circuses with Animals

REPEAL

Administration is not aware of this policy ever being applied nor have we ever received requests for reserve hire in line with this purpose - most likely due to the lack of suitable large areas of passive or available public open space.

 


 

2.1.6

Parks and Reserves – Playgrounds. Barbeques, Outdoor Exercise Equipment and Lights

REPEAL

This policy provides guidelines for the installation of various items of parks furniture and infrastructure. Administration considers that this policy is no longer necessary as the Public Open Space strategy now outlines the required levels of service for each respective park category.

 

2.1.8

Parks and Reserves – Water Conservation Design Guidelines

REPEAL

This policy contains operational content that does not require a specific policy.

 

Consultation/Advertising:

Pursuant to the City’s Policy No. 4.1.1 – ‘Adoption and Review of Policies’ public notice of proposed amendments to policies are required for a period of 21 days.  The public notice which will be provided is as follows:

 

·       Notice in the Perth Voice and Guardian Express;

·       Notice on the City’s website and social media; and

·       Notice on the notice board at the City’s Administration and Library and Local History Centre.

Legal/Policy:

·       Policy No. 4.1.1 – ‘Adoption and Review of Policies’; and

·       Policy No. 4.1.5 – ‘Community Consultation’.

Risk Management Implications:

Low:  It is low risk for the City to prepare an amendment to a City Policy for the purpose of advertising for public comment.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our community is satisfied with the service we provide.

SUSTAINABILITY IMPLICATIONS:

Maintaining a current and up to date suite of policies ensures that the City’s practices are operating effectively and this may enhance sustainability.

Financial/Budget Implications:

Not applicable.

Comments:

Administration is of the opinion that the policies listed to be rescinded are no longer considered necessary or appropriate as outlined in the above table. In addition, the policies listed for readoption with minor amendments are working effectively and therefore Administration is seeking Council’s endorsement of the recommendation.


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

7            Corporate Services

7.1          Investment Report as at 30 April 2019

TRIM Ref:                D19/68136

Author:                     Nirav Shah, Coordinator Financial Services

Authoriser:             Michael Quirk, Executive Director Community Engagement

Attachments:          1.       Investment report ending 30 April 2019  

 

Recommendation:

That Council NOTES the Investment Report for the month ended 30 April 2019 as detailed in Attachment 1.

 

Purpose of Report:

To advise Council of the nature and value of the City’s investments as at 30 April 2019 and the interest earned year to date.

Background:

The City’s surplus funds are invested in bank term deposits for various terms to facilitate maximum investment returns in accordance to the City’s Investment Policy (No. 1.2.4).

 

Details of the investments are included in Attachment 1 and outline the following information:

 

·       Investment performance and policy compliance charts;

·       Investment portfolio data;

·       Investment interest earnings; and

·       Current investment holdings.

Details:

The City’s investment portfolio is diversified across several accredited financial institutions.

 

As at 30 April 2019, the total funds held in the City’s operating account (including on call) is $36,427,902, compared to $33,647,074 for the period ending 30 April 2018. This position is as a result of year to date capital expenditure being underspent relative to the year to date budget.

 

Total term deposit investments for the period ending 30 April 2019 are $31,019,902 compared to $32,739,750 in the previous month. The decrease in the balance of term deposits is to ensure cash flows are managed effectively to accommodate operational needs.

 

The following table shows funds under management for the previous and current year:

 

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

$44,463,021

$41,180,325

November

$41,716,473

$39,482,047

$44,188,761

$42,678,504

December

$38,768,084

$37,065,389

$40,977,846

$38,667,039

January

$39,498,741

$36,147,499

$42,109,674

$35,225,189

February

$39,217,278

$36,665,928

$44,227,308

$36,178,794

March

$36,377,700

$34,622,001

$39,157,958

$32,739,750

Month

2017/18

2018/19

Ended

Total funds held

Total term deposits

Total funds held

Total term deposits

April

$33,647,074

$31,177,278

$36,427,902

$31,019,902

May

$30,338,407

$28,712,736

-

-

June

$28,409,157

$24,687,341

-

-

Total accrued interest earned on investments as at 30 April 2019 is:

 

 

Annual Budget (including midyear review changes)

YTD

Budget

YTD

Actual

% of YTD Budget

Municipal

$420,000

$388,700

$468,355

120.49%

Reserve

$226,060

$191,700

$239,321

124.84%

Sub-total

$646,060

$580,400

$707,676

121.93%

 

Leederville Gardens Inc. Surplus Trust*

$0

$0

$117,050

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 that is restricted.

 

The City has obtained a weighted average interest rate of 2.47% for current investments including the operating account and 2.74% excluding the operating account. The Reserve Bank 90 days accepted bill rate for April 2019 is 1.68%. As summarised in the table above, year to date actual interest earnings are tracking higher than the year to date budgeted amount.

 

Sustainable investments

 

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 Marketforces.org.au to assist in assessing whether a bank promotes non-investments in fossil fuel related entities.

 

As at 30 April 2019, 34.92% of the City’s investments are held in financial institutions considered to be investing in non-fossil fuel related activities.

 

An intern has been engaged to review the City’s current investment policy with a view to revising the investment policy to optimise investment returns whilst considering factors such as fossil fuels and ethical investments. 

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 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.

 

Council has delegated the authority to invest surplus funds to the Chief Executive Officer or his delegate to facilitate prudent and responsible investment.

 

Administration has established guidelines for the management of the City’s investments, including maximum investment ratios as shown in the following 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

Current position

Policy

Current position

Policy

Current position

  A1+

30%

26.2%

30%

Nil

90%

56.1%

A1

25%

0%

30%

Nil

80%

0%

A2

20%

20.2%*

n/a

Nil

60%

43.9%

 

* The maximum allowable position with an A-2 accredited institution (ME Bank) has exceeded the threshold. The total investment closing balance at the end of the month has decreased compared to when the investments were undertaken. This fluctuation in cash flows is a normal trend at this time of the year.

Risk Management Implications:

Low:              Administration has developed effective controls to ensure funds are invested in accordance with the City’s Investment Policy. This report enhances transparency and accountability for the City’s investments.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Our community is aware of what we are doing and how we are meeting our goals.

Our community is satisfied with the service we provide.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The financial implications of this report are as noted in the details section of the report. Administration is satisfied that appropriate and responsible measures are in place to protect the City’s financial assets.

 

 

 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

7.2          Authorisation of Expenditure for the Period 1 April 2019 to 30 April 2019

TRIM Ref:                  D19/66240

Author:                     Nikki Hirrill, Accounts Payable Officer

Authoriser:                Michael Quirk, Executive Director Community Engagement

Attachments:             1.       Payments by EFT BPAY and Payroll April 19

2.       Payments by Cheque April 19

3.       Payments by Direct Debit April 19  

 

Recommendation:

That Council RECEIVES the list of accounts paid under delegated authority for the period 1 April 2019 to 30 April 2019 as detailed in Attachments 1, 2 and 3 as summarised below:

 

EFT and BPAY payments, including payroll

 

$5,089,749.33

 

 

 

Cheques

 

$13,192.56

 

 

 

Direct debits, including credit cards

 

$356,873.09

 

 

 

Total payments for April 2019

 

$5,459,814.98

 

Purpose of Report:

To present to Council the expenditure and list of accounts paid for the period 1 April 2019 to

30 April 2019.

Background:

Council has delegated to the Chief Executive Officer (Delegation No. 1.14) the power to make payments from the City’s Municipal and Trust funds.  In accordance with Regulation 13(1) of the Local Government (Financial Management) Regulations 1996 a list of accounts paid by the Chief Executive Officer is to be provided to Council, where such delegation is made.

 

The list of accounts paid must be recorded in the minutes of the Council Meeting.

Details:

The Schedule of Accounts paid for the period 1 April 2019 to 30 April 2019, covers the following:

 

FUND

CHEQUE NUMBERS/

BATCH NUMBER

AMOUNT

Municipal Account (Attachment 1, 2 and 3)

 

EFT and BPAY Payments

2388 - 2397

$3,228,493.45

Payroll by Direct Credit

April 2019

$1,861,255.88

Sub Total

 

$5,089,749.33

 

 

 

Cheques

 

 

Cheques

82495 - 82500

$13,192.56

Sub Total

 

$13,192.56

 

 

 

Direct Debits, including credit cards

 

 

Lease Fees

 

$77,913.75

Loan Repayments

$149,995.51

Bank Charges – CBA

 

$116,895.37

Credit Cards

 

$12,068.46

Sub Total

 

$356,873.09

 

 

 

Total Payments

 

$5,459,814.98

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. Financial reporting to Council increases transparency and accountability.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Our community is aware of what we are doing and how we are meeting our goals.

Our community is satisfied with the service we provide.

We are open and accountable to an engaged community.

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.

 

 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

7.3          Land exchange and reclassification of land (Amendment No. 4 to Local Planning Scheme No. 2) - portion of Lot 75 Brentham Street (Brentham Street Reserve) for portion of Lot 100 (No. 20) and Lot 37 (No. 26) Brentham Street (Aranmore Catholic Primary School) - consideration of submissions and conditional contract of sale

TRIM Ref:                  D19/54666

Authors:                   Jordan Koroveshi, Coordinator Policy & Place

Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Community comments - Engagement HQ Survey

2.       Submission from Rosewood Aged Care dated 1 April 2019 - Confidential  

3.       Submission from resident dated 6 March 2019

4.       Submission from resident dated 15 March 2019

5.       Plan of proposed land exchange

6.       Subdivision application plan 415620 - prepared by Carlton Surveys

7.       Feature survey showing the proposed land exchange (playground and trees)

8.       Plan of connectivity between the Brentham Street Reserve and Britannia Reserve

9.       Proposed Amendment No.4 Amendment Document Form 2A

10.     Administration response to submissions  

 

Recommendation:

That Council:

1.       NOTES the submissions received in response to the public notice of the proposed land exchange provided for the period 12 February to 1 April 2019, at Attachments 1, 2, 3 and 4;

2.       APPROVES the City and McAuley Property Limited entering into a contract to exchange a 1,671m2 portion of Lot 100 (No. 20) Brentham Street, Leederville, and Lot 37 Brentham Street, Leederville (area of 539m2), for an equal portion (2,210m2) of Lot 75 Brentham Street, Leederville (Brentham Street Reserve), as shown in the plan at Attachment 5, which is conditional on:

(a)      the reclassification of the portion of Lot 75 to be transferred to McAuley Property Limited from “public open space – restricted” to “public purpose – primary school” under the City’s Local Planning Scheme No. 2; and

(b)      the registration of a plan of subdivision depicting the subdivision and amalgamation of the lots to effect the proposed land exchange, and McAuley Property Limited paying all associated costs;

3.       NOTES that entering into a conditional contract as set out in Recommendation 2. does not provide any indication nor guarantee that the reclassification of land will be approved by the Minister for Planning;

4.       AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the conditional contract to exchange the land as set out in Recommendation 2;

5.       PREPARES Amendment No. 4 to Local Planning Scheme No. 2, as at Attachment 9, pursuant to section 75 of the Planning and Development Act 2005, to reclassify a portion of Lot 100 (No. 20) Brentham Street, Leederville from “public purpose – primary school” to “public open space” and a portion Lot 75 Brentham Street Reserve, Brentham Street, Leederville from “public open space – restricted” to “public purpose – primary school”;

6.       CONSIDERS Amendment No. 4 to Local Planning Scheme No. 2 a standard amendment under section 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 as;

6.1     The amendment is consistent with the City’s Local Planning Strategy which recommends that primary and secondary school facilities have dedicated zoning provisions to ensure their long term use as education providers and public open space is provided and managed appropriately;

6.2     The amendment will have minimal impact on the surrounding area as the reclassification of land does not alter the existing built form on the subject sites;

6.3     The amendment does not alter the Urban zoning under the Metropolitan Region Scheme;

6.4     The amendment would not result in any significant environmental, social, economic or governance impacts; and

6.5     The amendment is not considered to be a basic or complex amendment, as defined within the regulations;

7.       NOTES:

7.1     The City will forward Amendment No. 4 to Local Planning Scheme No. 2 to the Environmental Protection Authority pursuant to section 81 of the Planning and Development Act 2005;

7.2     If no objection is received, the City will advertise Amendment No. 4 to Local Planning Scheme No. 2 for a period of 42 days, pursuant to section 47 of the Planning and Development (Local Planning Schemes) Regulations 2015;

7.3     Following consideration of submissions by Council, Amendment No. 4 would be forwarded to the Western Australian Planning Commission for consideration and approval by the Minister for Planning; and

8.       Subject to the contract in Recommendation 2. becoming unconditional, AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the Transfer of Land.

 

Purpose of Report:

To consider:

 

(a)      the submissions received in response to the public notice of the proposed land exchange;

 

(b)      entering into a conditional contract with McAuley Property Limited to exchange a 1,671m2 portion of Lot 100 (No. 20) Brentham Street, Leederville, and the whole of Lot 37 Brentham Street, Leederville (area of 539m2), for an equal portion (2,210m2) of Lot 75 Brentham Street, Leederville (Brentham Street Reserve), to align land ownership with current land use; and

 

(c)      the proposed amendment to Local Planning Scheme No. 2 (LPS 2) to reclassify a portion of Lot 100 (No. 20) Brentham Street, Leederville from “public purpose – primary school” to “public open space” and a portion Lot 75 Brentham Street Reserve, Brentham Street, Leederville from “public open space – restricted” to “public purpose – primary school”.

Background:

At the Ordinary Meeting of Council held on 11 December 2018 (Item 11.5), Council resolved to agree 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 5.

Council also resolved that the Aranmore Catholic Primary School Board and the Catholic Education Office agree a communication plan with the City to explain the reasons for and the benefits of the land exchange to the school community and the public.

Details:

The City, the Sisters of Mercy, the Aranmore Catholic Primary School Board and the Catholic Education Office agreed on a communication strategy in January 2019. Public notice of the proposed exchange was subsequently provided in accordance with section 3.58 of the Local Government Act 1995. In accordance with the communication strategy, the City undertook the following community consultation:

 

·       A media release was posted on the City’s website on 12 February 2019 advising of the proposed exchange and inviting submissions until 18 March 2019 (this date was later extended to 1 April 2019);

·       Public notice was provided in the Perth Voice on 16 February and 23 March and in the Guardian Express on 12 February and 26 March 2019;

·       The school released an update to the school community on 8 March 2019;

·       Leaflets were distributed to the properties abutting the land exchange area on 13 March 2019;

·       Signs were installed on the school boundary fence on 19 March 2019; and

·       Posts on the City’s social media platform were provided throughout the public notice period.

 

The deadline for submissions was extended from 18 March 2019 to 1 April 2019 to allow the adjoining landowners to be consulted and for signs to be installed on the school fence to notify the public that access between the two portions of the Brentham Street Reserve would not be possible if the proposed land exchange proceeded.

 

The City received four comments via its Engagement HQ platform, as detailed at Attachment 1. The City also received three written submissions, at Attachments 2, 3 and 4. Three submissions supported the proposed land exchange. The other four submissions raised concerns with the proposed exchange.

 

The concerns raised related to the loss in connectivity between the two portions of the Brentham Street Reserve, the safety and visibility of the park and the impacts associated with a direct interface between the school and Rosewood Aged Care. Administrations responses to the concerns raised in the submissions are at Attachment 10. The plan at Attachment 8 shows the connectivity between the two portions of the Brentham Street Reserve. 

 

No changes are proposed to the land exchange as a result of the submissions received from the community. Administration recommends that the City proceed with the proposed exchange as it will result in:

 

·       consolidation of the school on one lot, which allows the school to be fully fenced;

·       alignment of land ownership with the current fence boundary between the school and the “oval” section of the Brentham Street Reserve;

·       the school and the City being responsible for their respective land holdings, including maintenance, upgrades and liability for loss or damage;

·       security of the public access to the remaining portion of Brentham Street Reserve;

·       creation of two areas of public open space which are easily accessible to the public and meet different community needs (playground area and passive recreation area);

·       continued access to the “oval” area of the Brentham Street Reserve by the school, through a formal shared use arrangement with the City;

·       improved visibility and access to the playground via Brentham Street through the landscaping of Lot 37; and

·       removal of the one metre access way between the two portions of the Brentham Street Reserve which is currently unkempt and potentially unsafe.

 

The subdivision application plan at Attachment 6 has been prepared to depict the proposed subdivision and amalgamation of lots 37, 38, 39, 75 and 100. Following the survey, the size of the portions of lots 100 and 75 to be exchanged has varied slightly to the estimated size previously presented to Council. These lots would become lots 820 (consolidating the school on one lot) and 821 (comprising the full extent of the Brentham Street Reserve). The proposed land exchange now comprises:


 

Land details

Current ownership

Proposed ownership

1,671m2 portion of Lot 100 (No. 20) Brentham Street, Leederville

McAuley Property Limited

City of Vincent

Lot 37 (No. 26) Brentham Street, Leederville (539m2 )

McAuley Property Limited

City of Vincent

2,210m2 portion of Lot 75 Brentham Street, Leederville (Brentham Street Reserve)

City of Vincent

McAuley Property Limited

The feature survey at Attachment 7 shows that the proposed land exchange would result in:

 

·       a direct interface between the school and the Rosewood Aged Care facility located at 5 – 9 (Lot 40) Britannia Road, Leederville;

·       five mature trees becoming part of the school land; and

·       the older playground abutting the boundary between the proposed lots 820 and 821.

 

The Sisters of Mercy confirmed that the current fence on the boundary between the Brentham Street Reserve and Rosewood Aged Care would suffice as the boundary fence between the school and Rosewood Aged Care. A permeable fence consistent with the current school fence would be installed along the extent of the remaining boundary of the school lot (Lot 821). Gates would be installed to facilitate access between the school and the Brentham Street Reserve. The school would also investigate the removal of the portion of the older playground on the boundary between the lots. The newer playground would be wholly comprised within the Brentham Street Reserve (lot 820) and would remain, with the City to maintain and upgrade it as required.

 

As previously indicated at the 11 December 2018 Ordinary Council Meeting, the contract between the City and McAuley Property Limited would be conditional on the following:

 

1.         The reclassification of the portion of Lot 75 (being transferred to McAuley Property Limited) from Public Open Space – Restricted to Public Purpose – Primary School; and

 

2.         The completion of the subdivision/amalgamation process to create the new lot 821.

 

To commence the process of reclassification, this report seeks to prepare Amendment No. 4 to LPS 2. Amendment No. 4 would reclassify the subject lots as described below and as shown in Attachment 9.

 

Land to be exchanged

Current LPS 2 reservation

Required reservation

Portion of Lot 100 (to City)

Public Purpose – Primary School

Public Open Space

Portion of Lot 75 (to MPL)

Public Open Space – restricted

Public Purpose – Primary School

 

The intent of Amendment No. 4 is to reclassify the zoning of the subject lots to best suit their future intended purpose and to match the future land owner intentions. The proposed Amendment No. 4 is considered to be in accordance with the City’s Local Planning Strategy as it proposes dedicated zoning provisions for primary and secondary school facilities to ensure their long term use as education providers. The reclassification of Lot 75 to Public Purpose – Primary School would allow the existing primary school to operate over the full extent of its grounds, subject to future development applications. The reclassification of the portion of Lot 100 to be transferred to the City to Public Open Space would align with the City’s intention to provide public recreation areas over the full extent of the property. This process would likely take up to 18 months.

 

The City will commence the subdivision process to create lots 820 and 821 concurrently with Amendment No. 4. The Sisters of Mercy have agreed to pay all associated costs for the entirety of the process. This process would likely take 3-6 months.

Consultation/Advertising:

No further advertising is required for the proposed land swap itself. However, in accordance with Regulation 47 of the Planning and Development (Local Planning Schemes) Regulations 2015, the proposed Amendment No. 4 must be advertised for public consultation. Amendment No. 4 also must be referred to the Environmental Protection Authority to assess the environmental impacts of the proposal and to determine whether any formal environmental assessment is necessary.

 

Amendment No. 4 is considered to be a ‘standard amendment’ and must be advertised for public comment for a period of 42 days. Advertising is to occur in the following manner, consistent with the requirements of the City’s policy No. 4.1.5 – Community Consultation and the Planning and Development (Local Planning Schemes) Regulations 2015.

·       advertisement in a local newspaper;

·       display notice of the proposal at the Administration Centre;

·       referral in writing to affected persons/agencies; and

·       display on the City’s website.

 

Following the 42 day advertising period, a summary of submissions and the City’s responses to those submissions will be included in a report to Council for consideration of whether to support Amendment No. 4 with or without modifications.

Legal/Policy:

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

·       Local Government Act 1995. Section 3.58 – Disposing of Property.

 

McAuley Property Limited is a religious and educational body that is registered as a charity and its members would not receive any pecuniary profit from the proposed land exchange. As the proposed disposition is to a registered charity which falls within the scope of regulation 30(b) of the Local Government (Functions and General) Regulations 1996 the City would not be required to comply with section 3.58.

Risk Management Implications:

Low:            The proposed exchange would resolve the liability and maintenance risks for the City which currently exist due to the undefined boundary between Lot 75 and Lot 100.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Enhanced Environment

Our parks and reserves are maintained, enhanced and well utilised.

We have minimised our impact on the environment.

Our urban forest/canopy is maintained and increased.

 

Connected Community

Our community facilities and spaces are well known and well used.

We are an inclusive, accessible and equitable City for all.

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

As equal portions of land are proposed to be exchanged it is recommended that there be no exchange of funds. There are no costs to the City in connection with the amalgamation and subdivision process or preparation and registration of the transfer of land, as McAuley Property Limited has committed to covering these costs. If the City requires that the contract of sale be independently reviewed that will result in a cost to the City of approximately $1,000 - $1,500.

 

The proposed scheme amendment is not included in the operational budget. The scheme amendment process would likely take at least 12-18 months from commencement to final approval.

 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019


 


 


 


Council Briefing Agenda                                                                                               21 May 2019


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

7.4          LATE REPORT: Financial Statements as at 30 April 2019

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING 21 MAY 2019

 

 

 

 


Council Briefing Agenda                                                                                             21 May 2019

7.5          Realignment of City of Vincent district boundary at the intersection of Charles, Green and Walcott Streets, North Perth and dedication of adjoining private right of way

TRIM Ref:                  D18/152272

Authors:                   Caroline Ngunjiri, Property Officer

Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Plan of proposed district boundary realignment at intersection of Charles, Green and Walcott Streets, North Perth

2.       Plan of lots 305, 231 and 232

3.       Analysis of criteria in clause 5.2 of Schedule 2.1 of the Act  

 

Recommendation:

That Council

1.       AUTHORISES the Chief Executive Officer to make a request to the Local Government Advisory Board to realign the City of Vincent district boundary at the intersection of Charles, Green and Walcott Streets, North Perth, as shown as “option 2” at Attachment 1, subject to the City of Stirling supporting this request;

2.       REQUESTS the Minister for Lands to dedicate the portion of the right of way that lies within the area of the proposed intersection upgrade, described as Lot 305 on Plan 28281 and being part of the land comprised in Certificate of Title Volume 2217 Folio 814 (Lot 305), as road, pursuant to section 56(1)(c) of the Land Administration Act 1997 (LAA);

3.       REQUESTS the Minister for Lands to acquire the balance of Lot 305 as Crown land pursuant to section 52(1)(b) of the Land Administration Act 1997 subject to:  

3.1     advertising the proposed acquisition in the local paper;

3.2     advising all suppliers of public utility services to Lot 305 of the proposed acquisition;

3.3     stating in the notices referred to in 3.1 and 3.2 above that submissions must be lodged within 31 days of the date of the notice;

3.4     considering and responding to any submissions and objections received;

3.5     referring the proposed acquisition to the Department of Planning, Lands and Heritage (Planning Division) for comment;

4.       NOTES that any objections received in 3 above will be considered by Administration and incorporated into the request to the Minister for Lands; and

5.       REQUESTS the Minister for Lands to reserve the balance of Lot 305 as a reserve for the purpose of a public right of way and place the care, control and management of the reserve in the City pursuant to sections 41 and 46(1) of the Land Administration Act 1997.

 

Purpose of Report:

For Council to consider the realignment of the City of Vincent district boundary at the intersection of Charles, Green and Walcott Streets, North Perth, as shown as “option 2” at Attachment 1.


 

Background:

Council at its Ordinary Meeting of Council held on 18 September 2018 resolved in part as follows:

 

“That Council:

5.       REQUESTS the Chief Executive Officer to review and present a report back to Council on the prospective realignment of the City’s boundary at the intersection of Charles, Green and Walcott Streets, North Perth.”

In accordance with recommendation 5 Administration has contacted the City of Stirling in respect to the realignment of the district boundary so that it aligns with the road centrelines and cadastral information as required by the Policies and Standards for Geographical Naming in Western Australia.

Details:

District boundary realignment

 

The district boundary between the Stirling and Vincent local government areas at the intersection of Charles, Green and Walcott Streets in North Perth follows an earlier alignment of Walcott Street and does not align with the present layout of the road. The City is currently responsible for managing the footpath and verge along Charles Street (Wanneroo Road) north of Green and Walcott Streets. Realigning the district boundary would formalise the control and management of the road reserve and would not impact local government rates as the affected land is road reserve and City freehold land which is non-rateable.

 

No infrastructure would be affected by the proposed boundary realignment.  The City of Stirling would take on the responsibility for the maintenance of the small grass area within the intersection.  The bore used to water this grass area is located within the City of Stirling.

 

Dedication of portion of Lot 305 and reservation of the balance as a public right of way

 

During the course of considering the realignment, it came to the City’s attention that there is a private right of way that will be partially comprised within the proposed intersection realignment.  The right of way is described as lot 305 on plan 28281, and being the land comprised in Certificate of Title Volume 2217 Folio 814 (Lot 305) and is highlighted in pink in Attachment 2. Lot 305 is owned by the City in freehold and is currently used as a rear access way by the lots abutting it, as shown in the plan at Attachment 2. These lots have an implied right of access over Lot 305 pursuant to section 167A of the Transfer of Land Act. Lot 305 is sealed, 5 metres wide and has no lighting. 

 

Lots 231 and 232, highlighted blue in Attachment 2, are being transferred to the State of Western Australia for the purpose of dedication as a road. As a portion of Lot 305 will form part of the proposed intersection, it is recommended that this portion is dedicated as road pursuant to section 56 of the Land Administration Act 1997 (LAA).

 

The process for the Minister for Lands to acquire Lot 305 as Crown land is as follows:

 

·       Council resolves that Lot 305 should be acquired by the Minister as Crown land pursuant to section 52(1)(b) of the LAA, subject to Administration advertising its intention to make the request and considering any objections;

·       The City advertises its intention in the local paper and notifies the adjoining land owners and occupiers and the relevant utility providers, and invites submissions and objections for a 31 days period from the date of the notice;

·       The City considers and responds to any submissions / objections received;

·       The City makes a request to the Minister for a portion of Lot 305 to be acquired as Crown land, which includes the following details, as required by regulation 6 of the Land Administration Regulations 1998:

written confirmation that the City has resolved to make this request;

details of the reasons for the City making this request;

plan of Lot 305;

written confirmation that the City has taken all reasonable steps to identify and notify the adjoining land owners and the utility providers, as specified in section 52(3)(a) of the LAA;

copies of any submissions / objections received in response to the public notice, and the City’s comments on these submissions / objections; and

written confirmation that the City has complied with section 52(3) of the LAA.

·       The City pays the document lodgement costs, which are approximately $169. 

 

If the Minister grants the City’s request, the portion of Lot 305 not dedicated as a road will become unallocated Crown land. Unallocated Crown land is not under the local authority’s care, control and management and does not have a particular purpose. The City is requesting that the unallocated Crown land is reserved as a public right of way pursuant to section 41 of the LAA.

 

Once the land is reserved, the Minister would place the care, control and management of the reserve with the City pursuant to section 46(1) of the LAA. This means that Lot 305 would become Crown land vested in the City for the purpose of a public right of way. Administration would be responsible for the management and maintenance of the ROW and will monitor its use to determine when lighting should be installed. Once lighting is installed and the width increased to 6m the City could relinquish its management order and request that it be dedicated as a road pursuant to section 56 of the LAA.

Consultation/Advertising:

The City of Stirling is supportive of the proposal and is presenting it at the 4 June Community and Resources Committee meeting and to Council on 11 June.  The Local Government Advisory Board will determine if the proposed realignment is a “minor” change in accordance with Schedule 2.1 of the Local Government Act 1995 (Act). Administration has reviewed the criteria and believe it is a minor change and as such no public consultation is required. The analysis of the criteria in clause 5.2 of Schedule 2.1 of the Act is set out in Attachment 3.

 

It is necessary for Administration to provide public notice of the acquisition and dedication process for Lot 305 and allow 31 days for submissions and objections to be provided.

Legal/Policy:

District boundary realignment

 

Section 2.1(1) of the Act provides that:

 

“(1)     The Governor, on the recommendation of the Minister, may make an order –

(a)      declaring an area of the State to be a district; or

(b)      changing the boundaries of a district; or

(c)      abolishing a district; or

(d)      as to a combination of any of those matters.

 

(2)      Schedule 2.1 has effect.

 

Schedule 2.1 of the Act provides that:

 

·       A local government may make a submission to the Local Government Advisory Board (LGAB) clearly setting out reasons for the request and including a plan showing the proposed boundary change;

·       If the proposal is considered to be of a minor nature then the LGAB may simply make a recommendation to the Minister to accept or reject the proposal, and if accepted the change comes into effect on the date set out in a Governors Order;

 

Policies and Standards for Geographical Naming in Western Australia

 

Section 6.1.5 of the Policies and Standards for Geographical Naming in Western Australia provides that:

 

·       boundaries shall align with road centrelines (major highways, divided carriageways and railways), cadastral information or obvious topographical features such as rivers, shorelines, creeks.

 

Request for the acquisition and dedication of the private right of way (Lot 305)

 

Section 52 of the LAA sets out the process for requesting the Minister to acquire Lot 305 as Crown land.

 

Regulation 6 of the Land Administration Regulations 1998 sets out the requirements for a local government to make a request pursuant to section 52(1)(b) of the Act.

Section 56 of the LAA sets out the process for dedicating acquired land as road.

 

Section 41 of the LAA provides that the Minister may by order reserve Crown land and place care, control and management in any person (local authority) for one or more purposes in the public interest.

Risk Management Implications:

Low:            Realigning the district boundary and the dedication and reservation of Lot 305 as proposed will resolve maintenance and liability issues associated with the management of the intersection and the adjoining private right of way.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Thriving Places

 

·      Our physical assets are efficiently and effectively managed and maintained.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

There are no financial implications associated with the realignment of the boundary. Realigning the local government boundary does not impact local government rates as the affected land is not rateable.

 

The City has engaged a consultant to assist with this process, with the total estimated cost being $2,000 including GST.

 

 

 

 

 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

7.6          Termination of Sub Lease - Portion of Woodville Reserve, 10 Farmer Street, North Perth - Multicultural Services Centre of WA Inc.

TRIM Ref:                  D19/60434

Authors:                   Caroline Ngunjiri, Property Officer

Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Plan of the Premises, 10 Farmer Street, North Perth  

 

Recommendation:

That Council APPROVES by mutual agreement the termination of the Multicultural Services Centre of WA Inc.’s sub lease of a portion of the building located at Woodville Reserve, 10 Farmer Street, North Perth, effective 28 May 2019.

 

Purpose of Report:

To consider the request from Multicultural Services Centre of WA Inc. (MSCWA) to terminate its sub lease over a portion of the building located at Woodville Reserve, 10 Farmer Street, North Perth, which is used as a wellness centre (Premises).

Background:

The City leases the portion of Woodville Reserve which comprises the Premises from the Crown pursuant to a lease dated 13 June 1925.  The City may sub lease portions of Woodville Reserve for a period not exceeding 20 years, subject to the approval of the Minister for Lands.

 

The City has sub leased the Premises as shown at Attachment 1 to the MSCWA since 2004. The current sub lease dated 12 February 2015 is due to expire on 31 August 2019. There is no further term.

 

MSCWA is a non-governmental organisation which was established in 1980 in North Perth to meet the settlement, welfare, education and training, cultural, legal and related needs of culturally and linguistically diverse Western Australians and to undertake research and community education activities in relation to their needs.

 

MSCWA uses the Premises to provide day care facilities and activities for the elderly.

DETAILS

On 4 April 2019, MSCWA advised the City that it wished to terminate the sub lease as it is relocating this service. In requesting the early termination of the sub lease, the MSCWA further submitted that:

 

“1.        the premises have been used to provide a much needed service for residents of City of Vincent and

adjoining Local Government Authorities for more than 20 years.

 

2.         we have spent considerable amount of money upgrading/installing assets such as air conditioning, patio, gazebo, curtains etc.”

 

The sub lease does not contemplate the early termination of the sub lease, except if the lessee is in breach of the terms of the sub lease or if the Premises is damaged to the extent that it becomes substantially unfit for use. MSCWA is not in breach of the sub lease and the Premises has not become unfit for use.

 

Given the nature of service provided by MSCWA, the current level of return being achieved from the Premises and the ongoing relationship between MSCWA and the City, Administration recommends that Council accept the termination of the sub lease over the Premises effective 28 May 2019.

 

The City has no immediate plans for the Premises but will look to secure a short term tenant in the interim to the development and implementation of the Woodville Reserve Masterplan which is proposed to be prepared in 2019/2020.  Accordingly, the Lessee has not been asked to undertake any capital works prior to the end of the sub lease term, including repainting as required pursuant to clause 5.2 of the sub lease. The Premises is in a good condition consistent with its age. The Premises comprises three offices, an open plan activities area and a kitchen. The Premises would be suitable for use as an office or as a meeting space.

Consultation/Advertising:

Administration has discussed the proposed termination with the MSCWA. MSCWA is agreeable to the sub lease terminating on 28 May 2019.

Legal/Policy:

The sub lease does not contemplate the early termination of the sub lease, except if the lessee is in breach of the terms of the sub lease or if the Premises is damaged to the extent that it becomes substantially unfit for use.

Risk Management Implications:

Medium       There are a number of risks associated with the Premises being left vacant following the termination of the sub lease, including vandalism and increased maintenance and upkeep costs for the City.  As the City also leases portions of Woodville Reserve to a number of community organisations including the North Perth Tennis Club (adjacent portion of the building), the North Perth Community Garden and the Vincent Men’s Shed, a level of passive surveillance over the Premises will occur which mitigates this risk.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Thriving Places

 

Our physical assets are efficiently and effectively managed and maintained

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Financial/Budget Implications:

The City currently receives an annual rent of $4,405. The utility, general maintenance, minimum level of service, pest inspection and insurance costs total approximately $2,000 to date this financial year, and have been recouped from the MSCWA.  The annual depreciation is $13,227.

 

 

 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                             21 May 2019

7.7          Public Open Space proposal for Sydney and Haynes Street site, North Perth

TRIM Ref:                  D19/56422

Author:                     Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Haynes Sydney Street Site Plan

2.       Kidz Galore Pty Ltd Proposal for Haynes Sydney Street Site (March 2019) - Confidential  

3.       Deed of Trust Legal Advice (November 2016) - Confidential  

4.       Correspondence to Kidz Galore Pty Ltd (December 2017) - Confidential  

5.       Deed of Trust Variation Legal Advice (April 2019) - Confidential  

6.       Haynes Sydney Street Site Valuation Report - Confidential   

 

Recommendation:

That Council:

1.       NOTES that the City’s Public Open Space strategy identifies a shortfall of public open space in the North Perth area and includes a key action of repurposing City land as public open space in strategic locations, including North Perth;

2.       REQUESTS that the Chief Executive Officer prepares a development plan by 2020/2021 for 25 and 31 (lots 93 and 100) Sydney Street, North Perth and 15 (lot 9) Haynes Street, North Perth, identifying the type and size of public open space suitable for the site and the level of amenities required;

3.       NOTES that the current tenure arrangements for 25 and 31 (lots 93 and 100) Sydney Street, North Perth and 15 (lot 9) Haynes Street, North Perth will expire on:

Lot:

Lessee / Licensee:

Tenure:

Expiry:

9

Kidz Galore Pty Ltd

North Perth Playgroup Inc (portion)

Lease

Lease

31 Dec 2020

30 June 2021

100

North Perth Playgroup Inc (portion)

Department of Health (Dental Health Services)

Lease

Lease

30 June 2021

30 June 2021

93 (car park)

Kidz Galore Pty Ltd

Department of Health (Dental Health Services)

Licence

Licence

30 June 2021

30 June 2021

4.       NOTES that the tenure arrangements specified in 3. above provide that the lessee / licensee may continue to occupy their respective premises following the expiry date pursuant to the holding over provision of their respective lease / licence.

5.       ADVISES the North Perth Playgroup Inc, Department of Health (Dental Health Services) and Kidz Galore Pty Ltd that the City does not intend to require that the lessee/ licensee vacate the premises until the implementation of the development plan in Recommendation 2. above, which is not anticipated to occur prior to 30 June 2022; and

6.       RECEIVES Kidz Galore Pty Ltd’s proposal for the purchase and conversion to public open space of a 2,384m2 portion of 31 (Lot 100) Sydney Street and 15 (Lot 9) Haynes Street, North Perth, at Attachment 2, and ADVISES Kidz Galore Pty Ltd that:

6.1     this proposal will be considered as part of the development plan in Recommendation 2. above;

6.2     there is no commitment that the City will progress with this proposal or accommodate a commercial child care centre within this site;

6.3     15 (Lot 9) Haynes Street, North Perth is encumbered by a Deed of Trust which provides that the land is to be used for the purpose of public recreation and a commercial child care centre is inconsistent with this purpose; and

6.4     any disposal of a portion of the site would be subject to compliance with section 3.58 of the Local Government Act 1995.     

 

Purpose of Report:

To consider the conversion of the City’s freehold land at 15 (lot 9) Haynes Street and 25 and 31 (lots 93 and 100) Sydney Street, North Perth (Haynes Sydney street site), to public open space, in order to achieve one of the key actions in the City’s Public Open Space strategy (POS Strategy).  

Background:

The Haynes Sydney street site, as shown in Attachment 1, comprises the following lots:

 

Lot                                                            Area   

Lot 9 (No. 15) Hayes Street                         2,026m2          

Lot 100 (No. 31) Sydney Street                   1,367m2       

Lot 93 (No. 25) Sydney Street                     562m2

TOTAL                                                      3,955m2        (0.4ha)

 

The background to each of these lots is discussed in turn below:

 

Lot 9 (No. 15) Haynes Street, North Perth 

 

Lot 9 was transferred to the City of Perth by James Ewart on 2 March 1927. The land was originally used by the City as a park. At the City of Perth Council meeting held on 13 October 1941, Council resolved that lot 9 be included in a Deed of Trust for ‘the purpose of recreation for the people’. The Deed of Trust dated 2 October 1941 (Trust) is secured by a Registrar’s caveat over the land.

 

Lot 100 (No. 31) Sydney Street, North Perth

 

Lot 100 is an amalgamation of lots 94, 95 and 96 Sydney Street. These three lots were resumed for public work by the City of Perth in 1945.  The 8 June 1945 government gazette states that these lots were “compulsorily taken and set apart for the purposes of the following public works, namely:-Recreation Ground, Sydney and Haynes Streets, North Perth”.

 

Lot 93 (No. 25) Sydney Street, North Perth

 

This lot was purchased in 1958 from Joseph Samuel Foulkes.

 

The lots listed below currently comprise a child care centre, a playgroup, a dental health clinic and a car park. The lots are subject to the following leases and licences:

 

Lot

Lessee/ Licensee

Expiry

9

Kidz Galore Pty Ltd

North Perth Playgroup Inc (portion)

31 December 2020

30 June 2021

100

North Perth Playgroup Inc (portion)

Department of Health (Dental Health Services)

30 June 2021

30 June 2021

93

Kidz Galore Pty Ltd (car park licence)

Department of Health (Dental Health Services) (car park licence)

30 June 2021

30 June 2021

 

Kidz Galore Pty Ltd (Kidz Galore) has leased lot 9 since 2004. Kidz Galore contacted the City in 2016 requesting to purchase lot 9. Lot 9 cannot be sold without removal of the Registrar’s caveat. The City obtained legal advice on 18 November 2016 to determine if the Registrar’s caveat could be permanently withdrawn and the lot sold. The legal advice is at Attachment 3. The key points are:

 

·       the current use of lot 9 (commercial child care centre) is in breach of the Trust; and

·       to remove the caveat from the certificate of title for lot 9, so that lot 9 can be sold or used for an alternative purpose (commercially leased), the Trust must be varied so that lot 9 is no longer comprised within the Trust. This can be done in accordance with a scheme approved pursuant to the Charitable Trusts Act 1962.

 

The City has discussed the implications of the Trust with Kidz Galore. By letter dated 18 December 2017 (at Attachment 4) the City formally advised Kidz Galore that it was unlikely to sell lot 9 to Kidz Galore given that the land was acquired for the purpose of public recreation.

 

On 12 December 2018 representatives of Kidz Galore met with the City to present a proposal to purchase a portion of the Haynes Sydney street site from the City, with the remainder of the site to be converted to public open space. Following discussions with Administration, Kidz Galore submitted a revised proposal on 5 April 2019, at Attachment 2. The proposal is that a portion of the Haynes Sydney Street site be sold to Kidz Galore for the construction of a child care centre (2,384m2), with the remainder of the site (1,571m2) plus a portion of the adjacent road reserve (1,879m2) being converted to a local park with an area of 3,450m2.

Details:

Trust implications

 

As the current use of lot 9 is in breach of the Trust, the City must either:

 

·       vary the Trust so that lot 9 is no longer comprised within the Trust; or

·       convert lot 9 to public open space so that the land use complies with the Trust.

 

The process for varying the Trust is detailed in the legal advice at Attachment 3. The City has received a quote to proceed with varying the Trust, at Attachment 5. The estimated cost is $20,000 and the time frame is likely to be in excess of six months. For the variation of the Trust to succeed the City would need to show that it is “impossible, impracticable or inexpedient” for lot 9 to remain subject to the Trust. To satisfy this, the City would need to demonstrate that lot 9 is excess to the City’s public recreation requirements. This position does not align with the POS findings and key actions, as detailed below. 

 

POS Strategy implications 

 

The key findings of the POS Strategy are that:

 

·       the level of POS in the City is relatively low compared to surrounding local government areas – 3.37ha per 1000 people compared to City of Stirling - 4.38ha  per 1000 people (2011 census data); 

·       If no additional POS is provided the City will see a gradual decline in POS provision per head of population (forecast to decline to 2.05ha  per 1000 people by 2036 based on current POS supply);

·       The level of local open space provision is low in the City (only 0.65 per cent of land is local open space);

·       Local open space is typically 0.4 – 1.0 hectare in size;

·       North Perth has only 0.92 ha of local open space; and

·       A 10 per cent level of functional POS should be achieved across the City.

 

Key actions proposed in the POS Strategy to address the POS shortfall in North Perth are:

 

No.

Key Action

Tasks

Priority

4.

Repurpose City owned or controlled land as POS in strategic locations where gaps have been identified within the network.

Identify opportunities to repurpose land upon expiry or cessation of existing leases or other similar changes in land management, with specific focus on ley locations in Vincent:

·      Within the suburbs of Mt Hawthorn, North Perth and West Perth.

 

Medium term

6.

Initiate a POS development and land acquisition reserve fund

·      Investigate the sale of underperforming and/or surplus City owned land and facilities.

·      Specifically ring-fence any land disposal proceeds for the purposes of the POS Reserve Fund.

·      Implement a program of regular contributions to these reserve funds to ensure the availability of sufficient funding over the long-term.

·      Follow the appropriate planning process for rezoning, subdivision, and development applications to optimise value prior to sale.

·      Investigate the feasibility of attracting developer contributions for community infrastructure (POS) in accordance with State Planning Policy 3.6.

 

Medium term

7.

Assess the effectiveness of converting road reserves (or part of) to POS, and identify further opportunities in strategic locations where gaps have been identified within the network

·      Assess the effectiveness of converting underperforming and/or surplus road reserves to POS.

·      Identify further sites of unused road reserve and re-purpose as POS.

·      Establish a high quality civic open space within each Town Centre:

Implement North Perth Common

Implement Axford Park improvements

Maintain and manage Oxford Street Reserve and Mary Street Piazza.

Identify opportunities within remaining Town Centres

Short – medium term

 

While these are medium term priorities, the POS Strategy recommends that these key actions should be undertaken as the opportunities arise. In respect to the Haynes Sydney street site, the above key actions indicate the following outcomes as appropriate for the site:

 

·       the whole site is converted to local open space – total area of 3,955m2 (approximately 5,834m2 if a portion of the adjacent road reserve is also converted to POS);

·       lot 9 is converted to local open space – total area of 2,026m2; or

·       a portion of the site is sold to fund the conversion of the remainder of the site to local open space, with any additional funds used to create a POS development and land acquisition reserve fund.

 

Administration has obtained land valuations for the whole or various portions of the site, as summarised below. The valuation report is at Attachment 6.

 

Option

Details

Area

Land valuation (excluding GST)

1

Whole site (lots 9, 93 and 100)

3,955m2

$4 million

2

Lot 93 and portion of lot 100

1,300m2

$1.69 million

3

Lot 93 and small portion of lot 100

770m2

$960,000

4

Lot 93

562m2

$785,000

 

In order to determine whether the whole or a portion of the site is converted to local open space, and whether any of the site is sold to fund the conversion to local open space and/or fund POS acquisition and development more broadly within the City, a development plan for the site is required. A development plan is a vision for the site which focuses on more effectively utilising the existing infrastructure and land to achieve the City’s strategic vision for the site. It is anticipated that the development plan would take 12 months to prepare and as it is yet to be listed in the City’s Corporate Business Plan, it is proposed that it would be prepared in the 2020/2021 financial year. This is subject to funding being secured in the 2020/2021 budget to enable a consultant to be engaged to prepare the development plan. If the development plan is prepared in the 2020/2021 financial year, the recommendations of the development plan could be implemented in 2021/2022.

 

Implications for current users of the site 

 

Administration recognises the community service and connection with this site provided by the North Perth Playgroup Inc, Kidz Galore and the Dental Health Services. Based on the proposed time frame for the development and implementation of the development plan, Administration supports the status quo for the site being maintained until the development plan can be implemented. If Council supports the proposed recommendation this is estimated to occur in after 30 June 2022. 

 

The current leases and licenses are due to expire on 31 December 2020 (Kidz Galore) and 30 June 2021 (North Perth Playgroup Inc and the Dental Health Services). The three leases include a holding over provision which provides that the lessee may continue to occupy the premises pursuant to the terms of the current lease, and that the lease may be terminated at any time by either party by providing one month’s written notice. The two licences contain the same holding over provision, except that only one day’s written notice is required.

 

Due to the holding over provision in the leases and licences it is possible for the status quo to be maintained if the City does not exercise its right to terminate the lease / licence. This does not prevent the lessees terminating the lease / licence at any time by providing a month / days’ notice.

 

It is not possible for the City to grant a new lease to Kidz Galore without complying with section 3.58 of the Local Government Act 1995, as discussed below. Furthermore, it would not be in accordance with the Trust for a new lease for the purpose of a child care service to be granted over lot 9. A commitment to not terminate Kidz Galore’s lease until the implementation of the development plan or until 30 June 2022, whichever occurs later, could be construed as an agreement to extend the term of the lease or a new lease. On this basis it is not recommended that the City provide this level of commitment to Kidz Galore.

 

Administration recommends that Council advises the lessees that it does not intend to exercise its right to terminate the monthly tenancies until the implementation of the development plan. This should provide the lessees with sufficient security of tenure to apply for grant funding, secure membership or enrolments and undertake maintenance and improvements at the premises.

Consultation/Advertising:

Administration has consulted with the North Perth Playgroup Inc, Kidz Galore and the Dental Health Services in respect to the implications of the Trust for the site, the POS implications and the proposed future use of the site.

Legal/Policy:

In considering the options for the Haynes Sydney street site regard must be had to the POS Strategy and also the Local Government Act 1995 (Act) requirements in respect to the disposal of land.

 

Section 3.58 of the Act - Disposing of Property, provides that, at sub section (2), a local government can only dispose of property (which includes to lease) to: 

 

“(a)     the highest bidder at public auction; or

 (b)     the person who at a public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.”

 

A local government can also dispose of property by complying with sub section (3), if, before agreeing to dispose of the property –

 

“(a)     it gives local public notice of the proposed disposition –

(i)         describing the property concerned; and

(ii)        giving details of the proposed disposition; and

(iii)        inviting submissions to be made to the local government before the date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

(b)      it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.”

 

If complying with sub section (3), the details required to satisfy sub section (3)(a)(ii) include –

 

          “(a)     the names of all parties concerned; and

 (b)     the consideration to be received by the local government for the disposition; and    

           (c)     the market value of the disposition –

(i)      as ascertained by a valuation carried out not more than 6 months before the proposed disposition; or

(ii)      as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.”

Section 3.58(5) provides that section 3.58 does not apply to certain types of dispositions, including dispositions which are provided by the Local Government (Functions and General) Regulations 1996 to be exempt. A disposition to a commercial child care operator, such as Kidz Galore Pty Ltd, does not fall within the scope of an exempt disposition. 

Risk Management Implications:

Low:            The recommendation would facilitate the transition of the use of the Haynes Sydney street site to compliance with the Trust and would align with the POS Strategy. 

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

o       

Enhanced Environment

Our parks and reserves are maintained, enhanced and well utilised.

Our urban forest/canopy is maintained and increased.

We have minimised our impact on the environment.

 

Connected Community

We have enhanced opportunities for our community to build relationships and connections with each other and the City.

Our community facilities and spaces are well known and well used.

We are an inclusive, accessible and equitable City for all.

 

Thriving Places

Our town centres and gathering spaces are safe, easy to use and attractive places where pedestrians have priority.

Our physical assets are efficiently and effectively managed and maintained.

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The City’s expenses to date in respect to this matter are as follows:

 

·       Legal advice on the Trust             $2,325 excluding GST

·       Valuation report                          $4,500 excluding GST

$6,825 excluding GST

 

The cost of engaging a consultant to prepare a development plan for the Haynes Sydney street site is estimated at $20,000 excluding GST. This cost would need to be budgeted for in the 2020/2021 financial year.

 

The cost of converting the site to local open space is estimated to range from $250,000 – $320,000, dependant on whether the whole or only a portion of the site is converted, and the level of amenities provided. This cost will include the demolition of the two current buildings on the site which are owned by the City. The third building was installed by Kidz Galore and is required to be removed at Kidz Galore’s cost, pursuant to the lease.

 

The cost of preparing the development plan and converting a portion of the site to local open space could be covered by selling a portion of the site. Depending on the portion of the site sold, the income from the site is estimated to be between $785,000 and $1.69 million.    


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                             21 May 2019

7.8          Report and minutes of Audit Committee meeting held on 9 April 2019

TRIM Ref:                  D19/71252

Author:                     Natasha Brooks, Governance and Council Support Officer

Authoriser:                Meluka Bancroft, Manager Governance, Property and Contracts

Attachments:             1.       Minutes from the Audit Committee meeting of 9 April 2019

2.       Confidential Attachment 1 to Minutes - Item 5.1 - Jackson McDonald's legal advice dated 5 April 2019 - Confidential   

 

Recommendation:

That Council RECEIVES this report from the Audit Committee meeting of 9 April 2019 and the minutes of that meeting at Attachment 1.

 

Purpose of Report:

To report to Council the proceedings of the Audit Committee at its meeting held on 9 April 2019 in accordance with clause 2.21(1) of the City’s Meeting Procedures Local Law 2008.

Background:

The City’s Audit Committee is a statutory committee of Council, established in accordance with section 7.1A of the Local Government Act 1995. The primary objectives of the Audit Committee are to:

 

·       accept responsibility for the annual external audit; and

·       liaise with the local government’s internal and external auditors so that Council can be satisfied with

·       the performance of the local government in managing its affairs.

 

The Audit Committee meets approximately every two months and comprises of two external independent members and four Council Members.

Details:

At its meeting on 9 April 2019, the Audit Committee considered five agenda items as follows:

 

5.1     Legal advice regarding Asbestos;

5.2     City's accounting treatment of assets valued less than $5,000;

5.3     Interest on trust monies;

5.4     Summary of Auditor General's Audit Results Report 2017-18; and 

5.5     Review of the City of Vincent audit log.

 

A summary of the discussion relating to several of the above items is included below:

 

Item 5.1 - Legal advice regarding asbestos

 

The Audit Committee considered legal advice from Jackson McDonald with respect to asbestos related liability, particularly relating to liability and risks associated with the City being aware of, or identifying asbestos containing material on private property, including fences abutting City freehold and Crown land. Based on this advice, the Audit Committee requested Administration to report to the Audit Committee meeting no later than October 2019 detailing how the City’s asbestos management framework will meet legislative requirements.

 

Item 5.3 - Interest on trust monies 

 

The City has been investing monies held in trust since 2002. The interest earned on these investments has been incorrectly recognised as municipal income. Section 6.9(3) of the Local Government Act 1995 stipulates that any trust funds invested by the City needs to be returned to the person entitled to the interest. The individual trust holders are “entitled” to the interest.

The Audit Committee requested Administration to determine how the City will address its responsibility to refund the interest revenue on its trust investments and the associated financial implications.

Consultation/Advertising:

Nil.

Legal/Policy:

Clause 2.21 of the City’s Meeting Procedures Local Law 2008 states:

“2.21 Presentation of committee reports

(1)      Every committee is to cause:-

(a)      a report with recommendations and suitable preamble;

(b)      minutes of the committee’s proceedings and transactions;

to be presented to the Council by the presiding member of each committee concerned, or in his or her absence, a member of the committee in the form of a motion; “That the report be received and the recommendation be adopted”.

(2)      No objection to the receipt of a report of any committee, or any part of it, shall be raised when such reports are presented to the Council, except for reasons arising out of such reports.

(3)      The presiding member is to:-

(a)      put the motion that the report be received;

(b)      call for a motion to be moved by any member pursuant to clause 5.6(1), with the exception of item (a) of that clause, with respect to any recommendation contained in the report;

(c)      put the motion that the recommendation be adopted in relation to the recommendations contained in the report, apart from a recommendation or recommendations which are the subject of a motion by a member pursuant to the preceding item of this sub-clause; and

(d)      ensure that the motions are debated and dealt with in accordance with these Standing Orders in relation to a recommendation or those recommendations in the report which are the subject of a motion or motions by a member or members pursuant to clause 5.6.”

Regulation 16(c) of the Local Government (Audit) Regulations 1996 states:

 

16. Audit committee, functions of

 

An audit committee —

 

 (c)     is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report) and is to —

(i)    report to the council the results of that review; and

(ii)    give a copy of the CEO’s report to the council.

 

Regulation 17 of the Local Government (Audit) Regulations 1996 states:

Risk Management Implications:

Low:           Reporting the outcomes of the Audit Committee meeting on 9 April 2019 to Council aligns with good corporate governance.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


Council Briefing Agenda                                                                                             21 May 2019

7.9          Amendments to the City's Policy 4.1.1. - Policy Register

TRIM Ref:                  D19/72100

Author:                     Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Policy 4.1.01 - "Policy Manual - adoption and review"

2.       Policy Register Policy (draft)  

 

Recommendation:

That Council:

1.       REPEALS the City’s Policy 4.1.01 ‘Policy Manual – adoption and review’, at Attachment 1;

2.       AUTHORISES the Chief Executive Officer to provide local public notice of the new Policy – ‘Policy Register’ at Attachment 2, for a period of 21 days; and

3.       NOTES that at the conclusion of the public notice period any submissions received would be presented to Council for consideration.

 

Purpose of Report:

To consider providing public notice of the new policy ‘Policy Register’.

Background:

In accordance with section 2.7 of the Local Government Act 1995 one of the roles of Council is to determine the City’s policies. The role of City employees (Administration) is to make decisions and provide services in accordance with the City’s policies.

 

The City currently has a “policy manual” which lists all the City’s policies. All policies are available on the City’s website and in the City’s electronic document manager system. The City also has a policy which governs the adoption and review of the City’s policies (Policy No. 4.1.01).

Details:

Administration has reviewed Policy No. 4.1.1 and proposes to replace it with a simplified policy which addresses the process for developing, implementing, reviewing, amending and repealing policies. This draft policy is at Attachment 2. This policy is supported by a register which replaces the City’s current policy manual. The policy register will ensure all policies are reviewed and updated so they remain consistent with legislative requirements and the City’s objectives and priorities. The policy register will link all policies to the relevant administrative procedure and / or work instruction, which govern the administrative application of the policy to decision making and service delivery. The policy register will also include a brief description of each policy and comments from each review. The policy register will be available on the City’s website.

 

Administration is also proposing that all policies and administrative procedures are transitioned to a new template that clearly sets out key details, including the policy owner, relevant legislation, associated policies and administrative procedures, associated delegations and policy review details. The template will include new headings and will ensure that policies only contain overarching principles and guidelines which require the endorsement of Council. Any administrative or operational content in policies will be transferred to a related administrative procedure or work instruction.

Consultation/Advertising:

Pursuant to the City’s Policy No. 4.1.1 – ‘Adoption and Review of Policies’ public notice of the new policy for a period of 21 days is required.  The public notice which will be provided is as follows:

 

·       Notice in the Perth Voice and Guardian Express;

·       Notice on the City’s website and social media; and

·       Notice on the notice board at the City’s Administration and Library and Local History Centre.

Legal/Policy:

·       Policy No. 4.1.1 – Adoption and Review of Policies.

Risk Management Implications:

Low:  It is low risk for the City to prepare an amendment to a City Policy for the purpose of advertising for public comment.

Strategic Implications:

This is in keeping with the City’s Strategic Community Plan 2018-2028:

 

Innovative and Accountable

Our community is aware of what we are doing and how we are meeting our goals.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

7.10        LATE REPORT: Adoption of Council Election Caretaker Period

 

REPORT TO BE ISSUED PRIOR TO  COUNCIL BRIEFING 21 MAY 2019

 

 

  


Council Briefing Agenda                                                                                             21 May 2019

8            Community Engagement

8.1          LATE REPORT: Draft Safer Vincent Plan 2019–2022

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING – 21 MAY 2019

 

  


Council Briefing Agenda                                                                                             21 May 2019

9            Chief Executive Officer

9.1          Draft Sustainable Environment Strategy

TRIM Ref:                  D19/63248

Author:                     Anita Marriott, Sustainability Officer

Authoriser:                John Paton, Executive Manager - Office of the CEO

Attachments:             1.       Sustainable Environment Strategy 2011 - 2016 Status Update

2.       Draft Sustainable Environment Strategy 2019 - 2024

3.       Draft Sustainable Environment Strategy 2019 - 2024 Implementation Plan  

 

Recommendation:

That Council:

1.       APPROVES the draft Sustainable Environment Strategy 2019 – 2024 for public comment for a period of 21 days in accordance with the City’s Policy No. 4.1.5 – Community Consultation; and

2.       NOTES the draft Implementation Plan that accompanies the draft Sustainable Environment Strategy 2019 – 2024.

 

 

Purpose of Report:

To consider the draft Sustainable Environment Strategy 2019 – 2024 for the purpose of advertising for public comment.

Background:

The City’s first Sustainable Environment Strategy (SES) was adopted in 2011 in response to the need for strategic decision making on matters related to the built and natural environment.

 

SES 2011 – 2016 set out 65 actions across five focus areas. An Administration review of the Strategy completed in 2016/2017 with the support of the City’s Environmental Advisory Group (EAG) found that:

 

·                45 actions had been delivered and were ongoing in the form of programs and recurring activities;

·                Six had been completed as one-off projects;

·                Three had not commenced due to capacity constraints; and

·                13 needed reconsideration in light of changing circumstances, technologies and Council/community priorities and expectations.

 

The same review identified a need for the following changes to the next iteration of the Strategy:

 

·                Clearer objectives;

·                Meaningful and measurable targets;

·                Key performance indicators;

·                Alignment to the SCP and CBP to ensure resourcing and delivery; and

·                Greater clarity around the remit of local government and the degree of control over outcomes.

 

In April 2017 Council agreed to extend the implementation period of SES 2011 – 2016 to 2019 to allow time for a new SES to be developed in alignment with the City’s current Strategic Community Plan (SCP) adopted in 2018. Attachment 1 shows a summary table of SES 2011 – 2016 actions and their updated status as of 2018/2019.

 

Details:

Draft SES 2019 – 2024 (Attachment 2) has now been completed, along with a draft five-year Implementation Plan (Attachment 3).

 

Baselines, targets and strategies to achieve desired outcomes are set out in the draft Strategy. Actions to achieve those targets and outcomes are captured in the draft Implementation Plan, along with estimated resourcing requirements over the five-year life of the Strategy. The Implementation Plan will inform the City’s Long Term Financial Plan (LTFP), Corporate Business Plan (CBP) and annual Budgets.

 

 

Draft SES 2019 – 2024 and its Implementation Plan were developed following the process outlined below:

 

1.   Responses from the SCP engagement process in 2017 were analysed to identify the environmental issues of greatest concern to the City’s community;

2.   Key areas of environmental impact over which the City can exert control or influence were identified and aligned with the major areas of community concern;

3.   Corporate and community baselines were established for the key areas of environmental impact (key opportunity areas) to enable future evaluation of progress;

4.   Measurable targets were set for corporate and community outcomes (informed both by baselines and the actions available the City); and

5.   A five-year Implementation Plan was created to capture relevant actions, grouping them according to their mode of delivery to reflect the remit of local government – control, influence or advocacy.

 

Key opportunity areas, the outcomes we will work towards in each area and the key performance indicators we will use to measure progress are set out in the table below.

 

Key opportunity area

Outcomes we will work towards

Key performance indicators

Energy

-     Reduced use of energy derived from fossil fuels;

-     Reduced greenhouse gas  emissions from energy use;

-     Improved energy efficiency and increased use of renewable energy.

-     Proportion of energy from fossil fuels versus renewable energy sources;

-     Greenhouse gas emissions from energy use.

Transport

-     Increased use of public and active transport;

-     Shift to vehicles powered by renewable energy.

-     Mode share shift to public and active transport;

-     Adoption of zero emission vehicles.

Water

-     Reduced use of scheme water and ground water;

-     Increased water capture and reuse;

-     Progress toward becoming a water sensitive city.

-     Groundwater and scheme water consumption;

-     Water Sensitive Cities Index score.

Waste

-     Reduced waste generation and  increased resource recovery;

-     Substantial reduction in landfill and associated greenhouse gas emissions;

-     Progress toward a circular economy.

-     Waste to landfill;

-     Waste recycled;

-     Greenhouse gas emissions from landfill.

Urban Greening and Biodiversity

-     Increased tree canopy;

-     Increased habitat and biodiversity.

-     Tree canopy cover;

-     Length of Greenways planted;

-     Area of eco-zoning completed.

 

Consultation/Advertising:

The 2016/17 review of SES 2011 – 2016 was completed in consultation with the EAG.

 

Community feedback obtained through the 2017 Imagine Vincent engagement campaign for the SCP informed both the key opportunity areas within draft SES 2019 – 2024 and the actions in the draft Implementation Plan.

 

In 2018 feedback from the EAG and Council Members shaped the key opportunity areas and guided the overall development of the draft Strategy and Implementation Plan.

 

Following approval to advertise, further consultation will be undertaken in accordance with the City’s Community Consultation Policy and the results of the consultation will be reported back to Council following assessment by Administration.

Legal/Policy:

The Local Government Act 1995 requires each local government to have a plan for the future in the form of a SCP, supported by other informing strategies and plans.

Risk Management Implications:

Low. Adopting the draft policy will guide long-term planning for the sustainability of the built and natural environment.

Strategic Implications:

3.         This is in keeping with the City’s Strategic Community Plan 2018-2028:

4.          

Enhanced Environment

Our parks and reserves are maintained, enhanced and well utilised.

Our urban forest/canopy is maintained and increased.

We have improved resource efficiency and waste management.

We have minimised our impact on the environment.

 

Accessible City

Our pedestrian and cyclist networks are well designed, connected, accessible and encourage increased use.

We have better integrated all modes of transport and increased services through the City.

We have embraced emerging transport technologies.

 

Connected Community

We have enhanced opportunities for our community to build relationships and connections with each other and the City.

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

Our town centres and gathering spaces are safe, easy to use and attractive places where pedestrians have priority.

 

Sensitive Design

Our planning framework supports quality design, sustainable urban built form and is responsive to our community and local context.

 

Innovative and Accountable

Our resources and assets are planned and managed in an efficient and sustainable manner.

Our community is aware of what we are doing and how we are meeting our goals.

SUSTAINABILITY IMPLICATIONS:

An up-to-date SES will ensure that the City implements and promotes the principles of environmental sustainability and that it continues to demonstrate leadership by proactively addressing issues of environmental concern in line with community expectations.

Financial/Budget Implications:

$500,000 is listed on the draft Budget for 2019/20 to prepare for the roll-out of food organic green organic waste collection. A further $722,000 is listed on the draft Budget for 2019/20 for the implementation of other SES actions listed in the draft Implementation Plan. The City’s LTFP will require amending to incorporate funding for implementation of SES strategies in the medium and longer term.

Comments:

Achievement of targets in the draft SES is tied to the completion of actions in the draft Implementation Plan. The Implementation Plan will inform the City’s LTFP, CBP and annual Budgets. Actions deferred due to budgetary or other constraints may delay the reaching of targets. Actions brought forward to take advantage of external funding or partnership opportunities may bring the achievement of targets closer. These factors must be considered as projects and Budgets are prioritised each year.

 

Environmental sustainability is a rapidly evolving area, both technologically and politically. The SES Implementation Plan needs to be a flexible, responsive document, allowing for actions to be removed if they become redundant and replaced with new actions as technologies develop and new opportunities arise. For this reason it should remain an administrative document, separate to the SES which is to be adopted by Council. 

 

 

 

 


Council Briefing Agenda                                                                                                              21 May 2019


 


 


 


 


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council Briefing Agenda                                                                                             21 May 2019

9.2          Information Bulletin

TRIM Ref:                  D19/66817

Author:                     Emma Simmons, Governance and Council Support Officer

Authoriser:                Kerryn Batten, Executive Director Corporate Services

Attachments:             1.       Minutes of the Children and Young People Advisory Group Meeting held on 1 April 2019

2.       Minutes of the Arts Advisory Group Meeting held on 4 April 2019

3.       Unconfirmed Minutes of the Environmental Advisory Group Meeting held on 8 April 2019

4.       Minutes of the Design Review Panel Meeting held on 17 April 2019

5.       Minutes of Tamala Park Regional Council Meeting held on 18 April 2019

6.       Minutes of the Reconciliation Action Plan Working Group Meeting held on 29 April 2019

7.       Street Tree Removal Information

8.       Statistics for Development Applications as at end of April 2019

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

10.     Register of State Administrative Tribunal (SAT) Appeals – Progress Report as at 9 May 2019

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

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

13.     Register of Petitions - Progress Report - May 2019

14.     Register of Notices of Motion - Progress Report - May 2019

15.     Register of Reports to be Actioned - Progress Report - May 2019  

 

Recommendation:

That Council RECEIVES the Information Bulletin dated April 2019.

 

 

 


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                                              21 May 2019

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


Council Briefing Agenda                                                                                               21 May 2019

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council Briefing Agenda                                                                                             21 May 2019

10          Motions of Which Previous Notice Has Been Given

Nil

 

11          Representation on Committees and Public Bodies

 

12          Closure