AGENDA

 

 

Council Briefing

 

8 October 2019

 

Time:

6pm

Location:

Administration and Civic Centre

244 Vincent Street, Leederville

 

 

 

David MacLennan

Chief Executive Officer

 


Council Briefing Agenda                                                                                     8 October 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 and Risk on 08 9273 6538.

 


Council Briefing Agenda                                                                                     8 October 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          Planning and Place. 8

5.1             No. 51 (Lot 192; D/P 56091) Albert Street, North Perth - Proposed Alterations and Additions to the Club Premises and Change of Use from Club Premises to Club Premises and Child Care Premises and licence for use of car park at No. 160 Albert Street, North Perth. 8

5.2             No. 48 (Lot: 60; D/P: 414285) and No. 50 (Lot: 61; D/P: 414285) Cowle Street, West Perth - Multiple Dwelling (Amendment to Approved) 136

5.3             No. 2 (Lot: 74 D/P: 4576) Brookman Street, Perth - Change of Use from Single House to Unlisted Use (Short Term Dwelling) and Single House. 198

5.4             No. 396-398 (Lot: 1; D/P: 1976) Fitzgerald Street, North Perth - Proposed Change of Use from Office to Unlisted Use (Cat Hotel) 225

5.5             LATE REPORT: No. 9 (Lot: 22; D/P: 6645) Baker Avenue, Perth - Proposed Change of Use from Single House to Single House and Unlisted Use (Music Studio) 303

5.6             2019/20 Community Sporting and Recreation Facilities Fund Small Grants Application - Woodville Reserve Master Plan. 304

5.7             Optus Stadium - Submission on Proposed Regulation 19B Venue Approval 307

6          Infrastucture and Environment 443

Nil

7          Community and Business Services. 444

7.1             LATE REPORT: WA Treasury Corporation Local Government Master Lending Agreement 444

7.2             Licence to PRIDEWA - Use of Portion of Lot 15 (No. 4) View Street, North Perth - 16 October - 2 December 2019. 445

7.3             Investment Report as at 31 August 2019. 449

7.4             Authorisation of Expenditure for the Period 1 September 2019 to 23 September 2019. 457

7.5             Financial Statements as at 31 August 2019. 478

8          Chief Executive Officer 549

8.1             Revocation of Power of Attorney and granting of new Power of Attorney to subdivide and sell land within the Tamala Park Regional Council 549

8.2             Dedication of lots 889 and 890 as road - Corner Fitzgerald and Bulwer Streets, Perth and write-off of outstanding rates debt 552

8.3             Grant of section 91 licence to the City of Vincent - Summers Street Carpark and access road. 565

8.4             Information Bulletin. 572

9          Motions of Which Previous Notice Has Been Given. 619

Nil

10        Representation on Committees and Public Bodies. 619

11        Closure. 619

 


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                                                                                     8 October 2019

5            Planning and Place

5.1          No. 51 (Lot 192; D/P 56091) Albert Street, North Perth - Proposed Alterations and Additions to the Club Premises and Change of Use from Club Premises to Club Premises and Child Care Premises and licence for use of car park at No. 160 Albert Street, North Perth

TRIM Ref:                  D19/115424

Authors:                   Kate Miller, Senior Urban Planner

Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                Joslin Colli, Coordinator Planning Services

Ward:                        North

Attachments:             1.       Consultation and Location Map

2.       Development Plans

3.       Parking Licence Map

4.       Applicant's Operational Management Plan

5.       Acoustic Report

6.       Traffic Impact Statements

7.       Summary of Submissions - Administration's Response

8.       Determination Advice Notes  

 

 

Recommendation:

That Council:

1.       APPROVES a licence to the Macedonian Community of WA Inc. for the use of five car parking bays in the car park located at No. 55 (Lot: 160) Albert Street, North Perth, in accordance with the plans provided within Attachment 3, on the following key terms:

1.1     Term:                                      10 years;

1.2     Licence fee:                             $455 per bay per annum excluding GST, indexed by CPI (total of $2,275 per annum, excluding GST);

1.3     Permitted use:                         Child Care Centre staff parking, during the hours of operation, being 6:30am to 6:30pm Monday to Friday, excluding public holidays; and

1.4     Public Liability Insurance:       minimum cover of $20,000,000;

Subject to final satisfactory negotiations being carried out by the Chief Executive Officer, AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the licence in 1 above;

2.       In accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the proposed Change of Use from Club Premises to Club Premises and Child Care Centre at No. 51 (Lot: 192; D/P: 56091) Albert Street, North Perth, in accordance with the plans provided within Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 8:

2.1     Use of Premises

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

2.1.2  The proposed Child Care Premises shall be limited to the following hours or operation:

·        Monday to Friday: 6:30am to 6:30pm, excluding public holidays; and

2.1.3  A maximum of 114 children and 20 staff are permitted on site at any one time;

2.2     Acoustics

2.2.1  All of the recommended measures included in the Acoustic Report provided by Sealhurst Pty Ltd (Ref SEA-2019-005 RPT001_Rev1) received by the City on 18 April 2019 applicable to the development shall be implemented prior to the occupation or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers; and

2.2.2  Certification from an acoustic consultant shall be provided to the City demonstrating that the recommended measures have been undertaken to the City’s satisfaction, prior to occupancy or use of the development;

2.3     Venue Management Plan

2.3.1  Prior to the lodgement of an Occupancy Permit, a Venue Management Plan is to be submitted for assessment and approval by the City’s Health Services which shall include, but not be limited to the following:

·        Operating Hours;

·        Predicted noise levels from Indoor Child Play and applicable noise management practices to control sound levels;

·        Predicted noise levels from Outdoor Child Play and applicable noise management practices to control sound levels;

·        Use and style of amplified music;

·        Duration and frequency of ‘play times’ applicable to each and all age groups;

·        Waste collection;

·        Deliveries; and

·        Community relations;

2.4     Bicycle Parking

A minimum of three bicycle parking bays shall be provided on site prior to occupation of the development. The design and construction of the bicycle bays shall be in accordance with Australian Standards AS2890.3 (as amended);

2.5     Prior to the lodgement of a Building Permit application for the proposed development, an amended Traffic Impact Assessment is required to be submitted and approved by the City prior to the issue of a Building Permit;

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

2.7     The fencing infill panels above the approved solid portions of wall shall be visually permeable in accordance with the Residential Design Codes of WA, to the satisfaction of the City; and

2.8     Prior to occupancy or use of the development all storm water collected on the subject land shall be retained onsite, by suitable means to the satisfaction of the City.

 

Purpose of Report:

To consider an application for development approval for alterations and additions to the Club Premises and a change of use from Club Premises to Club Premises and Child Care Premises and No. 51 Albert Street, North Perth (subject site).

PROPOSAL:

The application proposes to change the use of subject site from Club Premises to Club Premises and Child Care Premises. The Club Premises being the Macedonian Community currently operates on the ground floor and first floor of the building. The application proposes the Child Care Premises to operate from the ground floor of the building and the Club Premises to operate from the first floor of the building.

 

The external works proposed as part of this application include:

 

·       A foyer adjacent to Albert Street to provide exclusive access to the upper floor;

·       A portico adjacent to the proposed foyer;

·       Addition of one lift, four staircases and fire escape exits;

·       Addition of five store rooms;

·       Addition of fencing along all lot boundaries; and

·       Additional landscaping.

 

The Child Care Premises is proposed to operate from 6:30am till 6:30pm Monday to Friday (excluding public holidays), and would accommodate 114 children and 20 staff at any one time. The drop off and collection of children would generally be staggered depending on family requirements.

 

The Club Premises is proposed to operate as existing, with all functions and events now being contained to the upper floor of the building.

 

The development plans are included in Attachment 2 and the applicant’s Operational Management Plan is included in Attachment 4.

Background:

Landowner:

Macedonian Community of WA Inc.

Applicant:

Macedonian Community of WA Inc.

Date of Application:

18 April 2019

Zoning:

MRS:      Urban

LPS2 Zone:    Special Use Zone 1 (Club Premises and Child Care Premises)

R Code   N/A

Built Form Area:

Residential

Existing Land Use:

Club Premises

Proposed Use Class:

Club Premises and Child Care Centre

Lot Area:

2128m²

Right of Way (ROW):

N/A

Heritage List:

N/A

 

The subject site is bound by Albert Street to the north, Macedonian Place to the east and Reserved land for public open space and public purpose to the south and west. A portion of the Reserved land immediately south of the site is provided as an unrestricted public carpark comprising 78 car bays.

 

The land on the opposite side of Albert Street is zoned Mixed Use R80 under the City’s Local Planning Scheme No. 2 (LPS2) and comprises a mix of grouped dwelling and multiple dwellings. The land on the opposite side of Macedonian place is zoned Mixed Use R80 and Residential R60 under the City’s LPS2. The land zoned Mixed Use R80 comprises grouped dwellings and the land zoned Residential R60 comprises a church. The subject site and land surrounding forms part of the Residential Built Form area as prescribed by the City’s Policy No. 7.1.1 – Built Form (Built Form Policy).

 

The subject site consists of an existing two storey building used as a Club Premises. Typical functions and events held at the Club Premises are as follows:

 

·       Language classes and/or dance classes held up to two times per week on weekdays from 7:00pm till 9:30pm;

·       Cultural and social functions (such as weddings or christenings) held monthly or bi-monthly on weekdays from 7:00pm onwards and on weekends; and

·       Commemorative services are held on weekdays from 10:00am till 3:00pm. These services attract approximately 10 to 20 persons.

 

There is no parking provided on site. The Club Premises currently uses the existing 159 public parking provided within the locality, noting the Macedonian Club previously paid for 21 bays (including one ACROD bays) to be installed adjacent to the subject site along Macedonian Place. The City’s records also indicate the public car park south of the subject site was developed for the use of the public, users of the public open space and the Club Premises.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City’s LPS2, the City’s Policy No. 7.1.1 – Built Form, Policy No. 7.7.1 – Non-Residential Parking Policy and Policy No. 7.5.3 – Education and Care Services.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use

ü

 

Front Fence

ü

 

Parking & Access

 

ü

Bicycle Facilities

ü

 

External Play Space

 

ü

Hours of Operation

 

ü

Detailed Assessment

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

 

Car Parking

Deemed-to-Comply Standard

Proposal

Policy No. 7.1.1 Non-Residential Parking Policy

 

0.25 bays per person

114 Children and 20 staff requires 33.5 bays

 

 

Nil parking provided on site

External Play Space

Deemed-to-Comply Standard

Proposal

Policy No. 7.5.3 Education and Care Services

 

266m2 of shaded external play space required

 

 

237m2 of shaded external play space provided

Hours of Operation

Deemed-to-Comply Standard

Proposal

Policy No. 7.5.3 Education and Care Services

 

7:00am to 7:00pm, Monday to Friday; and

7:00am to 6:00pm on Saturdays

 

 

6:30am to 6:30pm, Monday to Friday, excluding public holidays

 

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

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015, for a period of 14 days from 25 June 2019 to 9 July 2019. The method of consultation included 68 letters being mailed to all owners and occupiers surrounding the site (as shown in Attachment 1) and a notification placed on the City’s website, in accordance with the City’s Policy No. 4.1.5 – Community Consultation.

 

At the conclusion of the advertising period, the City received seven submissions comprising two in support of the proposal, four objecting to the proposal and one submission neither supporting nor objecting but expressing concerns with the proposal.

 

The concerns raised within the submissions related to the following:

 

·       Adverse traffic impacts;

·       Proposal relies on public parking;

·       Concerns relating to the Traffic Impact Assessment;

·       Noise generated by the Club Premises and Child Care Centre.

 

A summary of the submissions received and Administration’s response to these is included as Attachment 7. The applicant’s response to the summary of submissions is included within the Traffic Impact Statements contained within Attachment 6.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

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

·       City of Vincent Local Planning Scheme No. 2;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.1.1 – Built Form Policy;

·       Policy No 7.5.3 – Education and Care Services;

·       Policy No. 7.5.21 – Sound Attenuation; and

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

 

Planning and Development Act 2005

 

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

Delegation to Determine Applications:

This application is being presented to Council for determination as it proposes a shortfall greater than five car parking bays under the minimum requirements prescribed by Policy No. 7.7.1 – Non-Residential Development Parking Requirements (Parking Policy).

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:

Car Parking

 

In accordance with the City’s Parking Policy, a Child Care Premises is required to provide 0.25 car bays per person. This results in a requirement of 33.5 bays (rounded to 34 bays) for the Child Care Premises based on a maximum capacity of 20 staff and 114 children. The site comprises nil parking on site.

 

The proposed parking shortfall was advertised to adjoining properties in accordance with the City’s Consultation Policy. Concerns were raised in relation to the traffic impacts and the developments reliance on the public parking available within the vicinity.

 

A Parking Management Plan and a Traffic Impact Assessment has been provided by the applicant in support of the parking shortfall. The Parking Management Plan and a Traffic Impact Assessment are included as Attachment 6 and outlines the following:

 

·       The Macedonian Church, located at 8 Macedonian Place provide 14 bays for reciprocal parking;

·       Three short term and six long term bicycle bays are proposed to be provided on site;

·       Leederville Station is located 1.4 kilometres (as the crow flies) from the subject site and is accessible via bus services;

·       Bus stops are located approximately 180 metres and 320 metres (direct route) from the subject site. The bus stops provide access to seven different bus routes;

·       Footpaths are available on both sides of Albert Street, between the subject site and Charles Street, and on the northern side of the site to the west;

·       Pedestrian paths are available through Charles Veryard Reserve to the south;

·       There are no dedicated on-road bicycle paths which access the site however there are off-road paths provided through Charles Veryard Reserve;

·       One dedicated end of trip facility is provided within the staff area on the ground floor, and one additional shower is provided in each of the five child care rooms;

·       The following on-street and off-street parking is located within 150 metres of the subject site:

o   78 bays (including one ACROD bay) in the City of Vincent public car park, adjacent to the southern boundary;

o   12 bays on the southern side of Albert Street, adjacent to the site;

o   Five bays on the northern side of Albert street, between the subject site and Tay Place;

o   16 bays on the southern side of Albert Street, between the subject site and No. 66 Albert Street;

o   Six bays on the northern side of Albert Street, between the subject site and Charles Street;

o   Five bays on the southern side of Albert Street, between the subject site and Charles Street;

o   Nine bays (including one ACROD bay) on the western side of Macedonian Place, nearest to the northern end;

o   12 bays on the western side of Macedonian Place, nearest to the southern end; and

o   16 bays along Tay Place.

All of the abovementioned parking bays are unrestricted.

 

Reciprocal Parking

 

The City’s Parking Policy allows consideration of reciprocal parking arrangements where it is demonstrated that the parking facilities serving separate uses could be shared, but not concurrently. In considering this arrangement the following is relevant:

 

·       The Church has a maximum capacity of 100 persons and provides 14 bays on site;

·       The functions held by the Church on weekdays includes:

o   Funeral services, approximately one every fortnight accommodating 20 – 100 persons. The funeral services typically commence at 10:00am and last approximately one hour;

o   Wakes are often held at the church on the same day as the funeral and generally attract half of the funeral guests. The wakes generally commence between 12:00pm and 1:00pm and last for two hours;

o   A priest is present on site outside of the funeral hours; and

o   No other events, weddings or christenings occur on weekdays.

 

The above information demonstrates the functions of the Child Care Premises and the Church would coincide and there is a demand for all parking bays to service the functions of the church. A reciprocal parking arrangement between the Child Care Premises and the Church does not satisfy the requirements of the City’s Parking Policy and would not result in an acceptable outcome.

 

Short Term Parking

 

The proposed Child Care Premises would attract a maximum of 114 children which would generate a demand for short term parking bays. In accordance with the City’s Parking Policy, 28.5 bays (rounds to 29) for the drop off and pick up of the children would be required. The proposal relies on the City of Vincent public car park to the south of the subject site and the on-street parking identified above to satisfy the parking demand. In considering the suitability of the proposal, the following is relevant:

 

·       The peak time for drop off and pick up is from 7:00am to 9:00am and 4:00pm to 6:00pm, respectively.

·       Pick up and drop off of children would generally be for short periods of time (up to 15 minutes).

·       As per the WAPC traffic impact assessment guideline, the proposed development does not increase traffic on any road network greater than 100 vehicles/lane. As such, there is no significant impact on the surrounding road networks from a traffic volume perspective.

·       A car parking occupancy survey was undertaken on 5 June 2019 and considered the availability of public parking bays within 150 metres of the subject site. The findings are summarised as follows:

o   A total of 159 bays, as detailed above were surveyed;

o   There were in excess of 93 car parking spaces available at all times, of which 63 were contained within the City of Vincent car park;

o   A total of 139 bays were available at 8:45am, 93 bays available at midday and 127 bays available at 4:30pm, demonstrating there is an overall surplus of public parking within the vicinity;

o   The City of Vincent carpark was vacant at 8:45am and 72 bays were available at 4:30pm, which would coincide with peak drop off and pick up periods; and

o   The embayed parking bays adjacent to the subject site, along Macedonian Place had 19 bays available at 8:45am and 4:30pm, which would coincide with peak drop off and pick up periods.

·       The Club Premises was previously approved with nil parking on site. The high occupancy functions generally occur outside of the operating hours of the Child Care Premises. The parking demand for the Child Care Premises would not conflict with the parking demand of the Club Premises.

 

Noting the above, there is a surplus of public parking available within the vicinity of the subject site that would accommodate the short term parking demand, without the need for cash-in-lieu from the applicant.

 

Long Term Parking/Car Parking Licence

 

The Child Care Centre proposes a maximum of 20 staff at any one time, which would generate a demand for long term parking. In accordance with the City’s Parking Policy, five parking bays would be required for staff parking.

 

The building on the site is existing and the external space is required for outdoor play area for the Child Care Premises. As a result there is limited, if any opportunity to provide on-site parking. The guests of the Club Premises currently use the City of Vincent car park and surrounding on-street parking. There is no formal agreement to govern the use of the car park.

 

The traffic survey provided by the applicant demonstrates there is sufficient parking available within the City of Vincent car park to accommodate the long term parking demand created by the Child Care Premises. Given the Club Premises has been operating from the subject site prior to 1960; the guests have been using this car park since commencement of the use; and the availability of car parking bays, Administration recommends that a licence is granted to the applicant in respect to the use of five car parking bays within the car park. The proposed licence area is shaded blue in the plan at Attachment 3. The key terms of the licence would be:

 

Term:                    10 years;

Licence fee:          $2,275 per annum plus GST (based on a fee of $455 per car bay per annum), indexed by CPI;

Permitted use:       Child Care Centre staff parking during the hours of operation, being Monday to Friday 6:30am till 6:30pm, excluding public holidays; and

Insurance:             Public liability policy with a minimum cover of $20,000,000.

 

The licence fee proposed is based on the licence fee paid for the use of other City car parks, the cost of maintaining and upgrading the car park and the cash in lieu contribution that would be likely to be payable if use of the 5 car parking bays was not approved.

 

The cash in lieu contribution payable for a shortfall of 5 parking bays in this area is $5,400 per bay. The cost per bay over a 10 year licence term equates to $540 per annum.

 

The licence fees payable for other City car parks is:

 

·       Licence to the Minister for Health for the use of 9 car bays at 25 Sydney Street, North Perth – $363 per bay per annum plus GST; and

·       Licence to Kidz Galore for the use of 7 car bays at 25 Sydney Street, North Perth – $334 per bay per annum plus GST.

 

The cost of maintaining this car park is estimated to be $1,000 per annum. The cost of resurfacing the carpark is in the order of $68,000, and has an approximate life span of 15 years. The approximate annual cost of maintaining the car park is $5,533, which equates to $71 per bay per annum.

 

Administration has provided the proposed licence terms to the applicant. The applicant confirmed in writing on 17 September 2019 that the proposed licence terms are acceptable.

 

On this basis it is recommended that a licence fee of $455 per bay per annum is payable, and a licence term of 10 years is granted.

 

Traffic Impact Assessment

 

The applicant provided a Traffic Impact Assessment, included as Attachment 6, in support of the proposal. Administration is satisfied the proposal would not have an adverse impact on the surrounding traffic network however it is noted the following information has been omitted from the report:

 

·       Inbound network traffic distribution; and

·       Crash incidents reported.

 

It is noted there were nine crash incidents reported at the intersection of Albert Street and Charles Street between the years 2014 to 2019. There were no fatalities among the crashes.

 

Administration recommends an amended Traffic Impact Assessment be provided and approved by the City, prior to the lodgement of a Building Permit to include the above mentioned information.

 

External Play Space

 

In accordance with Policy No. 7.5.3 – Education and Care Services (Education and Care Services Policy), 7 square metres of unencumbered play space is required per child, with 30 percent of the minimum required external play space being shaded. The application requires 798 square metres of external play space, with 266 square metres of that space being shaded. The application proposes 813 square metres of external play space, with 237 square metres being shaded. The Education and Care Services Policy seeks to facilitate good design and operating requirements for child care service premises.

 

The subject site comprises a large number of existing mature trees which are within the site boundaries, noting playgrounds one and five do not contain any trees within the lot boundaries. Notwithstanding, aerial images indicate there are a large number of large, mature trees adjacent to the lot boundaries which would provide adequate shade for the external play spaces. Playground five is also located on the southern side of the building and would benefit from the shade of the building.

 

On the basis of the above, the amount of shaded external play area is considered appropriate.

 

Hours of Operation

 

In accordance with the Education and Care Services Policy, the hours of operation for an education and care service premises shall be limited to 7:00am to 7:00pm, Monday to Friday and 7:00am to 6:00pm on Saturday. The application proposed the Child Care Premises to operate from 6:30am to 6:30pm Monday to Friday, excluding public holidays. The Education and Care Services Policy confirms that the deemed‑to‑comply operating hours can be varied provided that the amenity of the surrounding area is not unduly affected.

 

One submission was received in relation to the hours of operation and the associated impacts of noise.

 

In considering the above, it has been adequately demonstrated the proposed Child Care Centre could operate in accordance with the relevant noise regulation and be adequately managed so as to have minimal impact on the surrounding residential properties based on the following:

 

·       The subject site is located adjacent to a Reserve for Public Open Space and is separated from the adjoining residential properties by a local road (Albert Street to the north and Macedonian Place to the east). There is also a Church located on the opposite side of Macedonian Place.

·       The applicant’s acoustic report provided by Sealhurt Acoustic Design and Engineering received on 18 April 2019 concludes that the Child Care Centre could be demonstrated to comply with the City’s Policy No. 7.5.21 – Sound Attenuation and result in an acceptable acoustic outcome for the nearby community. The applicant’s acoustic report recommends limiting outdoor play to no more than two hours, the use of a noise attenuation barrier (fence), and the implementation of a noise management plan which establishes administrative control for crying/unruliness and unnecessary noisy behaviour (i.e. by taking child to internal areas). The recommendations of the applicant’s acoustic report would ensure the noise created by the child care premises operates at an acceptable level.

·       In response to the above, the applicant has confirmed that outdoor play periods would be restricted and times would be staggered so that ‘play noise’ is not continuous throughout the day. Children would also be monitored continuously for unruly behaviour.

·       The operating hours of the development would not result in all children and staff arriving and leaving at the same time as drop off and pick up of children and staff would be staggered to suit the needs of families and the child care premises, respectively.  It is expected that drop off/arrival times would be between 6:30am and 10:00am and pick up time would be between 3:00pm to 6:30pm. To further mitigate impacts of noise, the applicant’s acoustic report recommends parents and guardians are informed of the importance of noise mitigation when entering the site, dropping off or picking up children.

 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019


 


 


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

5.2          No. 48 (Lot: 60; D/P: 414285) and No. 50 (Lot: 61; D/P: 414285) Cowle Street, West Perth - Multiple Dwelling (Amendment to Approved)

TRIM Ref:                  D19/127965

Authors:                   Clair Morrison, Urban Planner

Mitchell Hoad, Senior Urban Planner

Authoriser:                Joslin Colli, Coordinator Planning Services

Ward:                        South

Attachments:             1.       Consultation and Location Map

2.       Original Development Approval issued 8 February 2016

3.       Amendment to Approval issued 3 March 2017

4.       Amendment to Approval issued 23 October 2017

5.       Development Plans

6.       Written Submission

7.       Landscape Plan

8.       Summary of Submissions - Administration's Response

9.       Summary of Submissions - Applicant's Response

10.     Determination Advice Notes  

 

 

Recommendation:

That Council in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for development approval Five Storey Multiple Dwelling Development (Amendment to Approved) at No. 48 (Lot: 60; D/P: 414285) and No. 50 (Lot: 61; D/P: 414285) Cowle Street, West Perth, in accordance with the plans shown in Attachment 5 subject to the following conditions and the associated advice notes in Attachment 10:

1.       Amendment to Approved (Time Extension)

1.1     All conditions, requirements and advice notes detailed on development approval 5.2015.417.1 granted on 8 February 2016, development approval 5.2016.545.1 granted on 3 March 2017 and development approval 5.2017.273.1 granted on 23 October 2017 continue to apply to this approval, except as follows:

1.1.1  Condition 2 of approval 23 October 2017 is amended to read as follows:

2.       This decision constitutes development approval only and is valid for one year from the 8 February 2020. If the subject development is not substantially commenced by 8 February 2021, the approval shall lapse and be of no further effect.

1.1.2  Condition 2 of approval dated 8 February is amended to include the following:

2.       Car Parking and Accessways

2.8     The visitor bays shall be marked and clearly signposted as dedicated for visitor use only, to the satisfaction of the City;

1.1.3  Condition 7.4 is amended to read as follows

7.4     Landscape and Reticulation Plan

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

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

7.4.2  Areas to be irrigated or reticulated;

7.4.3  The removal of redundant crossovers;

7.4.4  A minimum of 15 mature trees (minimum 500 litres) are to be provided onsite;

7.4.5  The location of a 500L Weeping Peppermint Tree within the verge area;

7.4.6  A minimum of 400.7 square metres of deep soil area to be provided for           in accordance with State Planning Policy 7.3 Residential Design Codes         Volume 2 – Apartments;

All works shown in the plans as identified above shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupation or use of the development and maintained thereafter to the satisfaction of the City.

1.1.4  Condition 8.8 is amended to read as follows:

8.8     Bicycle Bays

A minimum of 25 resident bays and 10 visitor bays are to be provided onsite. Bicycle bays must be provided at a location convenient to the entrance and publically accessible. The bicycle facilities must be designed in accordance with AS2890.3.

 

Purpose of Report:

To consider an application for development approval for amendment to approved (extension of time) for a five storey multiple dwelling development at Nos. 48 and 50 Cowle Street, West Perth (the subject site).

PROPOSAL:

The application proposes an extension of time for an additional one year to substantially commence the previously approved development.

Background:

Landowner:

West Perth Management Pty Ltd and Cowle Street Management Pty Ltd

Applicant:

Element

Date of Application:

1 July 2019

Zoning:

MRS:    Urban

LPS2:   Zone: Residential         R Code: R80

Built Form Area:

Residential

Existing Land Use:

Vacant and Single House

Proposed Use Class:

Multiple Dwellings

Lot Area:

4,007m²

Right of Way (ROW):

No

Heritage List:

Yes

 

The subject site is bound by Cowle Street to the south, Dorrien Gardens Reserve to the north, a two-storey single house to the west and three-storey multiple dwellings to the east. The development site includes two lots, being No. 48 and No. 50 Cowle Street with a total development area of 4,007 square metres.

 

The subject site is zoned Residential R80 under the City’s Local Planning Scheme No. 2 (LPS2) and is located in the Residential Built Form Area under the City’s Policy No. 7.1.1 – Built Form (Built Form Policy). No. 48 Cowle Street currently comprises of one single house which is on the City’s Municipal Heritage Inventory (MHI) as a Category B Management category. No. 50 is currently vacant. A location plan is included as Attachment 1.

 

The history of development approvals on the subject site are as follows:

 

·       On 8 February 2016 the Metro West Joint Development Assessment Panel (JDAP) approved a development application for the demolition of three dwellings and retention of one Heritage Listed Dwelling; and construction of a five storey residential development comprising of 74 multiple dwellings and car parking for No. 48 (Lot: 10) and No. 54-70 (Lot: 41) Cowle Street, West Perth the meeting minutes can be found in Attachment 2;

·       On 8 March 2016, Council resolved to remove lot formerly known as No. 68-70 (Lot: 41) Cowle Street, West Perth, from the Municipal Heritage Inventory, following a catastrophic fire;

·       On 21 July 2016, the Western Australian Planning Commission (WAPC) approved a subdivision application for the amalgamation of No. 48 (Lot: 10) and No. 54-70 (Lot: 41);

·       On 3 March 2017 the JDAP resolved to grant approval minor modifications to the approved development. The minutes of this meeting can be found in Attachment 3;

·       On 31 March 2017, the WAPC approved a subsequent subdivision application for the realignment of the lot boundaries to reflect the proposed staging of the development;

·       On 23 October 2017 the JDAP resolved to grant approval for an extension of time to substantially commence the development approval, the decision extended the term of approval until the 8 February 2020, the meeting minutes can be found in Attachment 4; and

·       On 4 September 2018, the City cleared the conditions of subdivision approval and became party to an Easement agreement for a right of carriageway to ensure vehicle access point for both Lots is continuously provided.

 

The current development application, which is included in Attachment 5 and Attachment 6, submitted on 1 July 2019 is seeking an additional one year extension of time to substantially commence the development with the period proposed to be extended to the 8 February 2021. There are no proposed changes to the development plans.

Details:

Detailed Assessment

The previous development application was assessed against the standards of the City’s Residential Design Elements Policy and Part 6 of State Planning Policy 3.1: Residential Design Codes (Residential Design Codes). The previous development application was approved with departures to the plot ratio, height, street and lot boundary setbacks set out under Part 6 of State Planning Policy 3.1 Residential Design Codes.

 

Consideration of Element Objectives and Acceptable Outcomes

 

State Planning Policy 7.3 Residential Design Codes Volume 2 - Apartments (Residential Design Codes Volume 2 - Apartments) came into effect on the 24 May 2019 and replaced State Planning Policy 3.1 Residential Design Codes. Residential Design Codes Volume 2 - Apartments includes Element Objectives and Acceptable Outcomes for each design element. Proposals are required to demonstrate that the design achieves the Element Objectives for each design element. While addressing the Acceptable Outcomes is likely to achieve the relevant Element Objectives, they are not a deemed-to-comply pathway and the proposal is still to be assessed against the relevant Element Objectives. Where Acceptable Outcomes are not met, proposals may still satisfy the Element Objective via alternative means or solutions.

 

The Element Objectives and/or Acceptable Outcomes that are not achieved in the proposal are as follows

 

Building Height

Acceptable Outcome

Proposal

Built Form Policy Clause 5.6 Building Height

 

C 5.6.1 Three storeys

 

 

Five storeys

Element Objectives

 

Residential Design Codes Volume 2 Clause 2.2 Building Height and Built Form Policy Clause 5.6 Building Height

 

O 2.2.1 The height of the development responds to the desired future scale and character of the street and local area, including existing buildings that are unlikely to change.

Street Setbacks

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 2.3 Street Setbacks and Built Form Policy Clause 5.2 Street Setback

 

A 2.3.1 4.8 metres

 

 

 

 

1.5 metres

Side and Rear Setbacks

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 2.4 Side and Rear Setbacks and Built Form Policy Clause 5.3 Lot Boundary Setbacks

 

A 2.4.1 Side Setback: 3.0 metres

A 2.4.1 Rear Setback: 3.0 metres

 

A 2.4.1 Lot Boundary Wall Height

Two storeys

To one lot boundary and shall not exceed two-thirds the length of the boundary

 

 

 

 

Basement Level

North: 1.5 metres

East: Nil

West: Nil to 5.1 metres

 

Ground Floor

North: 1.1 metres to 1.6 metres

East: Nil

West: Nil

 

 

Level One

North: 1.1 metres to 2.9 metres

East: Nil to 9.1 metres

West: Nil to 14 metres

 

 

Level Two

North: 2.3 metres to 3.9 metres

East: Nil to 10.2 metres

West: 1.3 metres to 15.2 metres

 

 

Level 3

North: 2.1 metres to 3.95 metres

East: Nil to 9.0 metres

West: 1.3 metres to 15.2 metres

 

Lot Boundary Wall Height

To two lot boundaries (east and west)

 

 

Eastern Lot Boundary Wall

Five storeys

Does not exceed two-thirds the length of the boundary

 

 

Western Lot Boundary Wall

Four storeys

Does not exceed two-thirds the length of the boundary


 

Building Separation

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 2.7 Building Separation

 

A 2.7.1 Fourth Storey

Within Site Boundary

Setback between Habitable Rooms/Balconies: 12 metres

Setback between Habitable Rooms and Non‑Habitable Rooms: 7.5 metres

Setback between Non-Habitable Rooms: 4.5 metres

 

 

 

 

Fourth Storey

Within Site Boundary

Setback between Habitable Rooms/Balconies: 5.3 metres

Setback between Habitable Rooms and Non‑Habitable Rooms: 5.3 metres

Setback between Non-Habitable Rooms: 5.3 metres

A 2.7.1 Fifth Storey

Within Site Boundary

Setback between Habitable Rooms/Balconies: 12 metres

Setback between Habitable Rooms and Non‑Habitable Rooms: 7.5 metres

Setback between Non-Habitable Rooms: 4.5 metres

 

Fifth Storey

Within Site Boundary

Setback between Habitable Rooms/Balconies: 5.3 metres

Setback between Habitable Rooms and Non‑Habitable Rooms: 5.3 metres

Setback between Non-Habitable Rooms: 5.3 metres

To Adjoining Property Boundaries

Setback from habitable rooms/balconies to boundary: 9.0 metres

To Adjoining Property Boundaries

Setback from habitable rooms/balconies to boundary: 3.8 metres

Communal Open Space

Element Objective

Proposal

Residential Design Codes Volume 2 Clause 3.4 Communal Open Space

 

O 3.4.1 Provision of quality communal open space that enhances resident amenity and provides opportunities for landscaping, tree retention and deep soil areas.

 

 

 

Communal open space proposed within the central space between dwellings. There is no active recreational facilities, such as barbeque facilities.

Visual Privacy

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 3.5 Visual Privacy

 

A 3.5.1 Setback of unenclosed private outdoor spaces: 6.0 metres

 

 

Unenclosed private outdoor spaces

Apartment U2-107: Nil setback to eastern boundary

Apartment U2-206: Nil setback to eastern boundary

Apartment U2-306: Nil setback to eastern boundary

Pedestrian Access and Entries

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 3.7 Pedestrian Access and Entries

 

A 3.7.2 Pedestrian entries are protected by the weather

 

 

 

No weather protection at pedestrian entries


 

Car and Bicycle Parking

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 3.9 Car and Bicycle Parking

 

A 3.9.1 Residential Bicycle Parking Bays: 37

Visitor Bicycle Parking Bays: 8

 

 

 

 

Residential Bicycle Parking Bays: 25

Visitor Bicycle Parking Bays: 10

A 3.9.2 Motorcycle/Scooter Parking Bays: 9

 

Motorcycle/Scooter Parking Bays: Nil

A 3.9.3 Residential Car Parking Bays: 66

Visitor Car Parking Bays: 9

Residential Car Parking Bays: 80

Visitor Car Parking Bays: 10

Solar and Daylight Access

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 4.1 Solar and Daylight Access

 

A 4.1.1 (a) At least 70 percent of dwellings have living rooms and private open space obtain two hours of direct sunlight

 

 

 

 

67 percent (50 of 74) of dwellings have living rooms and balconies that receive at least two hours of direct sunlight

A 4.1.1 (b) Maximum of 15 percent receive no direct sunlight

21 percent (16 of 74) of dwellings receive no direct sunlight

Universal Design

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 4.9 Universal Design

 

A 4.9.1 At least 5 percent of dwellings are designed to Platinum Level as defined in the Liveable Housing Design Guidelines (Liveable Housing Australia)

 

 

 

Nil dwellings meet Silver of Platinum Level requirements as there is no disabled parking provided for the residents of the development and bathroom entrances are less than 1.2 metres wide.

Energy Efficiency 

Acceptable Outcome

Proposal

Residential Design Codes Volume 2 Clause 4.15 Energy Efficiency

 

A 4.15.1 (a) Incorporate at least one significant energy efficiency initiative within the development that exceeds minimum practice.

 

A 4.15.1 (b) All dwellings exceed the minimum NATHERS requirement for apartments by 0.5 stars.

 

 

 

No details relating to an energy efficiency initiative within the development that exceeds minimum practice.

 

No details relating to the NATHERS rating for apartments.

Water Management and Conservation

Element Objectives

Proposal

Residential Design Codes Volume 2 Clause 4.16 Water Management and Conservation

 

O 4.16.1 Minimise potable water consumption throughout the development.

 

 

 

No details relating to initiatives to minimise potable water consumption throughout the development.

 

An assessment of how the proposal meets the Element Objectives of the Residential Design Codes Volume 2 – Apartments is discussed in the Comments section below.


 

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 and the City’s Policy No. 4.1.5 – Community Consultation for a period of 21 days from 7 August 2019 to 29 August 2019. The method of consultation being a sign on site, an advertisement in the local newspaper, 438 letters being distributed to all landowners and occupiers within 150 metre radius of the subject site (as shown in Attachment 1) and the proposal being published on the City’s webpage.

 

At the conclusion of the consultation period, a total of five submissions were received, all in objection to the proposal. The concerns raised were in relation to the following matters:

 

·       The height of the development dominating the existing streetscape and detracting from the established characteristics of Cowle Street;

·       Overshadowing onto the south-eastern apartment building;

·       The proposal does not incorporate materials and design elements that maintain the heritage characteristics of the street;

·       The lack of landscaping due to the proposed setbacks; and

·       The increase in traffic to the site, and impact it would have on the surrounding locality as a result of parking and additional vehicles attracted to the area.

 

A summary of submissions and Administrations response is included in Attachment 8. The summary of submissions and the applicant’s response is included in Attachment 9.

Design Review Panel (DRP):

Referred to DRP:            Yes

 

The proposal was originally presented to the City’s Design Review Panel (formerly Design Advisory Committee) on 1 July 2015, prior to a development application being lodged. An amended proposal was presented to the DRP on 19 August 2015. The proposal was further presented to DAC on 28 October 2015, following lodgement of the development application.

 

The current application was referred to the DRP on 14 August 2019. The DRP provided the following comments and recommendations:

 

·       The development is designed sensitively to the context even though it is over plot ratio and height;

·       The applicant should consider:

o   What landscaping species are capable of reaching maturity in the locations proposed;

o   How landscape would facilitate resident outdoor hang-out spaces;

o   Location of crossovers and replacement verge tree; and

o   Potential alternative treatment to where plan currently indicates the use of grass cell;

·       The applicant should consider details relating to and the design of the multiple entrance for visitors;

·       The applicant should consider simplifying and reducing the raised walkways widths in the internal courtyard areas as they appear complex and impact on access to sunlight at lower courtyard levels; and

·       Further communal open space should be considered for residents to be able to sit and engage with other residents.

 

Following presentation at DRP, the applicant provided a landscape plan to address the above comments. The landscape plan can be found in Attachment 7.


 

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 7.3 – Residential Design Codes Volume 2 – Apartments;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.1.1 – Built Form Policy;

·       Policy No. 7.5.4 – Substantial Commencement of Development;

·       Policy No. 7.5.23 – Construction Management Plan; and

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

 

Planning and Development Act 2005

 

Should Council refuse the application for development approval, the applicant would have the right to have the decision reviewed in accordance with Part 14 of the Planning and Development Act 2005.

 

State Planning Policy 7.3 Residential Design Codes – Volume 2 Apartments

 

The Residential Design Codes Volume 2 provides comprehensive guidance for the development of multiple dwellings and mixed use development 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 Residential Design Codes Volume 2.

Delegation to Determine Applications:

The matter is being referred to Council in accordance with the City’s Delegated Authority Register as the proposed development was originally determined by the Joint Development Assessment Panel (JDAP) and there has been significant changes to the statewide planning framework, with the implementation Residential Design Codes Volume 2.

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:

When assessing the application for an extension of time, Administration have considered the following:

 

1.       Changes in the planning framework since development approval was granted;

2.       Whether the development is likely to receive approval now; and

3.       If the applicant has actively and relatively conscientiously pursued the implementation of the development.

 

This is discussed in further detail below. The applicant has addressed the above matters in Attachment 6.

 

1.       Changes to the Planning Framework

 

City of Vincent Local Planning Scheme No. 2

 

The previous applications for the subject site were assessed against the City’s Town Planning Scheme No. 1, in which the subject site was zoned Residential with a density coding of R80, and associated State and local planning policies. The City’s Local Planning Scheme No. 2 (LPS2) was approved by the Minister for Planning and was gazetted on 16 May 2018. LPS2 proposed no changes to the zoning or density coding of the subject site.

 

State Planning Policy 7.3 Residential Design Codes Volume 2 Apartments

 

The previous applications for development approval for the subject site were assessed against Part 6 of State Planning Policy 3.1 Residential Design Codes. On 24 May 2019, the Residential Design Codes Volume 2 were gazetted which replaced the previous Part 6.

 

Where an amendment to approval dated granted prior to 24 May 2019 are proposed, Administration is required to assess the proposal against Residential Design Codes Volume 2. Residential Design Codes Volume 2 provides a performance based assessment through Element Objectives and Acceptable Outcomes in lieu of the deemed-to-comply pathway provided by the former Part 6. Administration has assessed the proposal against the relevant provisions of Residential Design Codes Volume 2, which are detailed further below.

 

2.       Whether the proposal is likely to receive approval now

 

Since JDAP’s most recent decision to approve an amendment to the approved development in August 2017 the planning framework has changed. To determine whether the development is likely to receive approval now, the development has been assessed against the relevant provisions of Residential Design Codes Volume 2.

 

The proposal is for an extension of time to the approval period to substantially commence development. The development application does not propose any changes to the previously approved built form.

 

Building Height

 

The development incorporates a total of four buildings, which vary in height from single-storey to five-storeys. The four buildings fronting Cowle Street propose heights of single-storey, two-storey and four-storeys. The single-storey building is a retained character dwelling which is listed on the City’s MHI. The two buildings facing Dorrien Gardens Reserve are five-storeys.

 

The proposed building height is consistent with the objectives of Element 2.2 of the Residential Design Codes Volume 2 and the local housing objectives of the Built Form Policy for the following reasons:

 

·       The development is spread over four buildings, with two four-storey buildings, one two-storey building and one single-storey building fronting Cowle Street and two five-storey buildings fronting Dorrien Gardens Reserve, which breaks up the building bulk as viewed from the public realm;

·       The fourth storey of the building fronting Cowle Street on No. 50 is contained within the proposed roof form and the two-storey building is located on the lot boundary abutting a single dwelling, which mitigates the perception of building height when viewed from the street and the adjoining residential property;

·       The development has been designed to respond to the adjoining multiple dwellings at No. 28-44 Cowle Street, with the proposed lot boundary walls abutting the existing lot boundary walls, and the height of the development ensures solar and daylight access to the adjoining dwellings;

·       The height of the building responds to the slope of the land, with the basement car parking responding to the existing ground level of the subject site, which minimises the extent of excavation required for the development;

·       The proposal incorporates various roof forms, extensive glazing, balconies along the façade fronting Cowle Street and Dorrien Gardens Reserve, landscaping within the front setback area and a variety of colours, materials and design elements including natural brown materials, facebrick, render and timber-look cladding and pitched roof, that are consistent with the existing streetscape, which contribute to mitigating the impact of building bulk and scale when viewed from the public realm and adjoining properties; and

·       The development is abutting a three-storey apartment building and Cowle Street to the south and does not result in overshadowing onto private outdoor living areas or habitable spaces, with shadow cast from this development falling onto the adjoining footpath and road reserve.

 

Street Setback

 

The proposed street setback is consistent with the objectives of Element 2.3 of the Residential Design Codes Volume 2 and the local housing objectives of the Built Form Policy for the following reasons:

 

·       The development is broken into four buildings fronting Cowle Street, with two four-storey buildings, one two-storey building and an existing character house mitigating the impact of building bulk and scale when viewed at a pedestrian scale of the public realm;

·       The proposed street setbacks are consistent with the retained dwelling at No. 48 Cowle Street;

·       The development provides a clear transition between the public and private realms, with the inclusion of fencing surrounding the outdoor living areas and clearly delineated entrances for visitor vehicle and pedestrian access;

·       There is adequate privacy measures including the street fence and location of courtyards and balconies, to ensure privacy from the public realm to the habitable spaces of dwellings;

·       The location of outdoor living areas of the upper levels and the habitable internal spaces on the ground floor enables passive surveillance onto the public realm; and

·       The application incorporates design elements, colours and materials including natural brown, facebrick, render and timber-look cladding and pitched roofs, and staggered boundary setbacks of the balconies and walls that reflect the existing characteristics of the street and maintain the existing established streetscape.

 

Side and Rear Setbacks, Building Separation and Visual Privacy

 

The proposed lot boundary setbacks are consistent with the objectives of Elements 2.4, 2.7 and 3.5 of the Residential Design Codes Volume 2 and the relevant local housing objectives of the Built Form Policy for the following reasons:

 

·       The application provides a sympathetic, transitional relationship between the subject site and the western adjoining single dwelling with the two-storey building being located adjacent to this residential development;

·       Building separation is proportionate with the height of the development, with taller buildings being located to the northern and eastern lot boundaries and having larger setbacks to lower density residential development on the adjoining western lot;

·       The development responds to the multiple dwellings located at No. 28-44 Cowle Street, on the adjoining eastern lot, by proposing lot boundary walls abutting existing lot boundary walls;

·       The proposal provides adequate landscaping opportunities, provision of deep soil areas and ability to provide high level landscape amenity, and private outdoor living spaces within setback areas, which mitigates the impact of building bulk on the street and adjoining properties and provides adequate residential amenity for future residents;

·       The proposal has been designed to ensure adequate access to natural ventilation and sunlight, and ensures outdoor living areas and external services are located to reduce the impact of noise on adjacent properties within the subject site and to adjoining residential properties, providing adequate amenity protection to future residents;

·       The orientation of private outdoor living areas minimises direct overlooking onto other private outdoor living areas within the development and on adjoining residential properties whilst allowing for passive surveillance over Cowle Street and Dorrien Gardens Reserve; and

·       The setbacks proposed reflect the existing lot boundary setbacks and are consistent with the existing design characteristics of the streetscape, by incorporating pitched roofs and varying materials to mitigate the impact of building bulk when viewed from the street and adjoining lower density residential dwellings.

 


 

Tree Canopy and Deep Soil Areas and Landscape Design

 

The proposed landscape plan satisfies the Element Objectives of Element 3.3 Tree Canopy and Deep Soil Areas of the Residential Design Codes Volume 2, and the local housing objectives of the Built Form Policy for the following reasons:

 

·       The previous approval included a condition requiring that there be a minimum of 15 mature trees of at least 500 litres to be provided onsite, which would provide a canopy of at least 25 percent (1,017 square metres);

·       The subject site includes 16.8 percent (675.4 square metres) of deep soil area;

·       The submitted landscaping plans identifies a vegetable garden, a number of citrus trees, and planting and deep soil areas in private outdoor living areas, and landscaping within all common and circulation areas;

·       The proposed landscape plan provides internal canopy to the development and a high level of amenity for residents and visitors using the communal and circulation areas; and

·       The proposed landscaping in the street setback area would contribute to the landscape amenity of the street.

 

Administration has recommended that Condition 7 relating to landscaping of the original approval be amended requiring an updated landscape and reticulation plan be submitted to and approved by Administration prior to commencement of development that provides for onsite landscaping and planting to satisfy the Acceptable Outcomes of Residential Design Codes Volume 2.

 

Communal Open Space

 

The proposed communal open space satisfies the objectives of Element 3.4 of Residential Design Codes Volume 2. The development reflects the overall objectives of Residential Design Codes Volume 2 and the Built Form Policy, and is appropriate for the context of the site for the following reasons:

 

·       The development provides communal open space central to the development, with landscaping and seating infrastructure proposed;

·       The proposed communal open space provides quality landscaping and enhances residential amenity to the subject site;

·       The communal open space is located on the ground floor and has pathways that make it universally accessible, to provide amenity to all residents;

·       The layout of dwellings in relation to the location of the communal open space would mitigate the impact of noise on residents within the site, and with it located central to the site, mitigates the impact on neighbouring properties;

·       The subject site is located within 200 metres of Robertson Park and 500 metres of Hyde Park, and is located between Charles Street and Fitzgerald Street which are designated commercial and district centre zones under the LPS2;

·       Each dwelling has a large balcony or courtyard, which enhances the residential amenity of residents and provides adequate space for the provision of social interaction; and

·       The common spaces and circulation areas provide adequate space for meaningful landscaping and passive recreational opportunities for the subject site.

 

Pedestrian Access and Entries

 

The proposed pedestrian access and entries are consistent with the objectives of Element 3.7 of the Residential Design Codes Volume 2 given the proposed pedestrian access is universally accessible, with the main entry being centrally located to the development. There are three pedestrian access points along Cowle Street, between private outdoor living areas, which provides a safe environment for visitors.

 


 

Vehicle Access and Parking

 

The proposed car and bicycle parking is consistent with the objectives of Element 3.9 of the Residential Design Codes Volume 2 for the following reasons:

 

·       The subject site is located within 200 metres of a high frequency bus route on Fitzgerald Street, and adequate pedestrian and cyclist network and the proposed car parking is sufficient in accordance with Table 3.9 of Residential Design Codes Volume 2;

·       The centrally located vehicle access point is designed for safe access and egress to the site for both visitors and residents;

·       There is clear differentiation between resident and visitor vehicle parking, with the open-aired visitor parking located towards the front of the subject site and the basement resident parking behind gates located to the centre of the site;

·       The vehicle access and pedestrian access are clearly defined maintaining a safe environment for vehicle users and pedestrians;

·       There is adequate provision of bicycle parking for residents, and an existing condition of approval would ensure there be adequate provision of bicycle parking for visitors; and

·       The location, orientation and design of visitor and resident car parking minimises the impact of the parking in relation to visual and environmental amenity on adjoining residential properties and the public realm.

 

Solar and Daylight Access

 

The proposed solar and daylight access is consistent with the objectives of Element 4.1 of the Residential Design Codes Volume 2 for the following reasons:

 

·       The orientation and internal layout of the dwellings maximises the amount of natural light into habitable rooms and private outdoor living areas;

·       The depth of balconies and courtyards along the northern boundary provides shading to minimise heat gain and glare internal to the dwelling during summer months.

 

Universal Design

 

The proposal satisfies the objectives of Element 4.9 of the Residential Design Codes Volume 2 as the development has been designed to provide universal access for visitors. The planning framework does not prescribe a requirement for disabled car parking but the Building Code of Australia requires disabled car parking. The applicant would need to demonstrate through the building permit application process that this requirement can be achieved prior to a Building Permit being issued. The internal layout of the apartments may be refined during the detailed design stage, to improve accessibility of people with disabilities and ageing in place.

 

Energy Efficiency and Water Management and Conservation

 

The local housing objectives set out in the Built Form Policy relating to Environmentally Sustainable Design have not been approved by the Western Australian Planning Commission (WAPC), who have instead adopted a set of Element Objectives through the implementation of Residential Design Codes Volume 2 relating to energy efficiency and water management and conservation. The proposal satisfies the objectives relating to Elements 4.15 and 4.16 of Residential Design Codes Volume 2 for the following reasons:

 

·       Water from small scale rain events is capable of being managed and contained onsite, which is also a requirement under the Building Code of Australia and would be required to be satisfied at the building permit application stage;

·       All apartments are dual aspect, which ensure natural ventilation of apartments and the regulation of temperature and reduce the dependency on non-renewable energy; and

·       The design of landscaping onsite assists in the management of stormwater and drainage onsite, and reduces the amount of potable water required to water landscape areas.

 


 

Heritage Management

 

The subject site is located on the City’s MHI and has been assessed against the relevant provisions of the City’s Policy No. 7.6.1 – Heritage Management Development Guidelines for Heritage and Adjacent Properties. The proposal satisfies the performance criteria of this Policy for the following reasons:

 

·       The sole existing character home is proposed to be retained and used for residential purposes;

·       The materials and colours proposed are compatible with the fabric of the existing dwelling, and do not obscure or alter the characteristics that contribute to the significance of the place; and

·       A condition of approval has been implemented for the applicant to submit a Construction Management Plan prior to the commencement of works, which would detail measures to ensure the existing dwelling is not detrimentally impacted by construction works.

 

3.       Extent applicant has implemented/pursued the development application

 

The City’s Policy No. 7.5.4 – Substantial Commencement of Development aims to provide a clear description of what constitutes as substantially commenced. This policy considers that the demolition of a major structure such as a whole house or building are not considered to be substantial commencement of works. The applicant has demolished and cleared the site with the exception of one Heritage Listed dwelling which is being retained and has not lodged a building permit for any forward works.

 

The applicant is seeking a time extension of one year to substantially commence development. As set out in Attachment 3, the applicant has provided details relating to how the application has been progressed apart from the commencement of physical works, which include:

 

·       Engaging a full consultant team to progress the design through to a full construction documentation set of drawings;

·       Modifying the development through the DAP Form 2 application that was approved on 3 March 2017, to reflect the detailed design process and better respond to market demand;

·       Demolishing redundant structures on site to make way for the proposed new development;

·       Undertaking an extensive marketing campaign to assist in obtaining necessary pre-sales; and

·       Re-subdividing the site in December 2018 to reflect the intended staging of the development and provide the necessary access easements to facilitate the use of the shared crossover.

 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019


 


 


 


 


 


 


 


 


 


 


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019


 


 


 


 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

5.3          No. 2 (Lot: 74 D/P: 4576) Brookman Street, Perth - Change of Use from Single House to Unlisted Use (Short Term Dwelling) and Single House

TRIM Ref:                  D19/133722

Author:                     Karsen Reynolds, Urban Planner

Authoriser:                Jay Naidoo, Manager Development & Design

Ward:                        South

Attachments:             1.       Consultation and Location Map

2.       Development Plans

3.       Management Plan, Code of Conduct and Guest Information

4.       Applicant Justification

5.       Summary of Submissions - Applicant's Response

6.       Summary of Submissions - Administration's Response

7.       Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the Change of Use from Single House to Unlisted Use (Short Term Dwelling) and Single House at No. 2 (Lot: 74; D/P: 4576) Brookman Street, Perth, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 7:

1.       Use of Premises

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

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

1.2     The Short Term Dwelling shall operate in accordance with the Management Plan dated 20 September 2019, to the satisfaction of the City;

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

2.       Car Parking

2.1     Prior to the commencement of use, one residential parking permit shall be made available to guests at all times and be maintained to the satisfaction of the City;

2.2     Prior to the commencement of use, an amended Guest Information Sheet shall be submitted addressing all residential parking permit conditions, to the satisfaction of the City;

3.       Operation of Use

The Short Term Dwelling use shall operate for no more than six months within a 12 month period. The Single House use shall operate for the remainder of the 12 month period, to the satisfaction of the City; and

 

4.       Time Limited Approval

This approval is granted for a term of 24 months from the date the use commences.

Purpose of Report:

To consider an application for development approval for a change of use from Single House to Unlisted Use (Short Term Dwelling) and Single House at No. 2 Brookman Street, Perth (subject site).

PROPOSAL:

The application seeks approval to change the use of the Single House to Unlisted Use (Short Term Dwelling) and Single House. The entire dwelling is proposed to be used to accommodate guests on a short term basis for three to six months of a year while the owner would remain the sole occupant for the remaining months of the year. The owner does not propose to reside at the premises while accommodating guests. The development plans are included as Attachment 2.

 

The application proposes a maximum of four guests be accommodated at the premises at any one time. The proposal does not involve any structural modifications to the existing dwelling as part of this development application. Parking for the site is available from an existing double garage as accessed from Wellman Street as well as three residential parking permits applicable to the site.

 

The City’s Policy No. 7.4.5 – Temporary Accommodation requires a Management Plan and Code of Conduct to be submitted as part of all applications for Short Term Accommodation. These were provided by the applicant and are included in Attachment 3. The Management Plan confirms a maximum of four guests are permitted at any one time and details procedures including complaint management, parking management, noise management, security and code of conduct for guests.

 

The applicant has also provided a guest information letter to be displayed within the premises that provides contact details, parking requirements and safety instructions. The guest information letter is included in Attachment 3.

Background:

Landowner:

Robert Piper

Applicant:

Robert Piper

Date of Application:

24 June 2019

Zoning:

MRS:    Urban      

LPS2:   Zone: Residential         R Code: R25

Built Form Area:

Residential

Existing Land Use:

Single House

Proposed Use Class:

Unlisted Use (Short Term Dwelling)

Lot Area:

453m²

Right of Way (ROW):

Not applicable

Heritage List:

Yes

 

The subject site is zoned Residential R25 under the City of Vincent Local Planning Scheme No. 2 (LPS2). The subject site is bound by Brookman Street to the north-west, Forbes Street to the south-west, Wellman Street to the south-east and an existing single house development to the north-east of the subject site.

 

The adjoining land to the north and north-west of the subject site is zoned Residential R25 under LPS2 and consists generally of single storey single houses. The adjoining land to the east and south of the subject site is zoned District Centre under LPS2 and consists of commercial development. A location plan is included as Attachment 1.

 

The subject site accommodates a single storey single dwelling and is located within the Brookman and Moir Street Development Guideline Area. The subject site and adjoining properties located at Nos. 2 – 28 and Nos. 1 – 32 Brookman Street, Perth are registered on the City’s Municipal Heritage Inventory and Heritage List as Management Category A. The Brookman and Moir Streets area is described as a place of cultural significance as an almost-complete heritage precinct of late 19th century residential buildings in Federation Queen Anne style.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of LPS2, the City’s Policy No. 7.4.5 – Temporary Accommodation (Temporary Accommodation Policy), Policy No. 7.6.1 – Heritage Management – Development Guidelines for Heritage and Adjacent Properties (Heritage Management Policy), Policy No. 7.7.1 – Non-Residential Development Parking Requirements (Non‑Residential Parking Policy) and Planning and Building Policy Manual – Appendix No. 6 Brookman and Moir Streets Development Guidelines (Brookman and Moir Street Development Guidelines).  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use

 

ü

Parking & Access

ü

 

Management Plan

 

ü

Heritage Management

ü

 

Detailed Assessment

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

 

Land Use

Deemed-to-Comply Standard

Proposal

Local Planning Scheme No. 2 (LPS2)

 

“P” Use

 

 

Unlisted Use (Short Term Dwelling)

Management Plan

Deemed-to-Comply Standard

Proposal

Policy No. 7.4.5 – Temporary Accommodation

 

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

 

 

A Management Plan is provided as Attachment 3.

 

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

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 for a period of 21 days from 25 June 2019 to 16 July 2019. The method of consultation included a sign being placed on site, a notice being placed in the local newspaper, and 90 letters being mailed to all the owners and occupiers of the properties adjoining the subject site and within the Brookman and Moir Street Development Guideline Area in accordance with the City’s Delegations Register, as shown in Attachment 1.

 

During the community consultation, the City received a total of 15 submissions; 14 objecting to the proposal and one submission in support of the proposal. The submissions received in objection raised the following concerns:

 

·       The use of the property being inconsistent with the amenity and heritage values of the Brookman and Moir Street Development Guideline area;

·       The land use is not compatible with the adjoining residential development;

·       Car parking, specifically relating to an increased reliance of on-street car parking;

·       Increased noise as a result of the proposal; and

·       The management of the proposed use.

 

The applicant sought to respond to neighbour submissions through an amended management plan provided in Attachment 3, and also provided a written response to the summary of submissions as included in Attachment 5. A summary of submissions and Administration’s response is provided in Attachment 6.

 

Department of Planning, Lands and Heritage (DPLH)

 

The application was referred to the DPLH for its advice as the subject site is a State Heritage Registered Place. Comments received from the Heritage Council advised that the proposed change of use would not have a negative impact on the cultural significance of the place and is supported by the Heritage Council.

Design Review Panel (DRP):

Referred to DRP:            No

 

The application did not require referral to the DRP given there is no external works proposed as part of this proposal.

Legal/Policy:

·       Local Government Act 1995;

·       Planning and Development Act 2005;

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

·       City of Vincent Local Planning Scheme No. 2;

·       State Planning Policy 7.3 Residential Design Codes of Western Australia – Volume 1;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.4.5 – Temporary Accommodation;

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

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

·       Planning and Building Policy Manual - Appendix No. 6 Brookman and Moir Streets Development Guidelines;

·       Local Government Property Local Law; and

·       Australia ICOMOS Charter for Places of Cultural Significance, the Burra Charter 2013.

 

Planning and Development Act 2005

 

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

 

Local Planning Scheme No. 2

 

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

 

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

 

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

 

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

 

In considering the appropriateness of the proposed land use, Council shall have regard to the objectives of the Residential zone under LPS2 which are as follows:

 

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

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

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

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

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

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

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

Delegation to Determine Applications:

The matter is being referred to Council in accordance with the City’s Delegations Register as the development application proposes a land use that is not listed in Table 1 of Policy No. 7.7.1 ‑ Non‑Residential Development Parking Requirements and received more than five objections during the community consultation period.

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:

Land Use

 

The proposed use is considered to meet the objectives of the Residential zone for the following reasons:

 

·       The proposed short term dwelling is for the purpose of human habitation and represents development which operates in a similar manner to a residential dwelling. The proposed short term dwelling would be limited to four guests at any one time. This number of guests would be consistent with the number of people that could be accommodated within a three-bedroom residential dwelling. As such, the proposal would not increase the intensity of the use of the subject site.

·       As detailed within the City’s Temporary Accommodation Policy, the City of Vincent is situated in close proximity to the Perth Central Business District, public transport networks, tourist attractions and education facilities, and as such, is well located for the provision of temporary accommodation. The use of dwellings for short stay accommodation within inner city suburbs, such as Perth, would offer a different type of residential accommodation that is becoming common practice and could be reasonably expected.

·       The objectives of the Residential zone require development to be compatible with established areas. The character of the immediate locality includes both commercial and residential activities, and the amenity of the subject and surrounding sites are reflective of this. Residential development is located to the north and west of the subject site. Development to the south and west of the subject site includes commercial development on land zoned District Centre under the City’s LPS 2. The amenity of surrounding residential properties in close proximity to the subject site would be reflective of being in close proximity to the adjacent District Centre zone which includes a car yard, restaurants and shops, and associated traffic, parking, noise and odours generated from such non-residential land uses. As such, the proposed short term dwelling use is considered to be compatible with the existing character of the locality.

·       Through the consultation period concerns were raised relating to impacts on the amenity of the locality. The applicant’s management plan for the proposed Short Term Dwelling outlines how incidents and complaints, such as noise and antisocial behaviour would be managed. The management plan states that guests are not permitted to host parties or other social events and that noise levels shall be reduced between the hours of 9:00pm and 8:00am. It is acknowledged that the issue of noise is largely dependent on individual behaviour that may lead to potential impacts on the surrounding residents. The Management Plan and Code of Conduct proposes to implement terms of stay that would deter adverse offsite impacts, such as noise, to surrounding properties. At the time of booking, prospective guests would be vetted for suitability by the owner or property manager. The management plan also implements a minimum night stay of three nights. The contact details of the host would be provided to adjoining residents, providing opportunity for incidents to be dealt with promptly and appropriately. The property manager also has the right to terminate the booking at their discretion. In the event the proposed Short Term Dwelling is not operating in accordance with the management plan and is found to be causing a nuisance, it would be open to the City to undertake formal compliance action.

·       In terms of property maintenance, the owner would reside at the dwelling for approximately six to months of the year and would maintain the property during this time. The property manager would also be responsible for maintaining the property when the short term accommodation is in use.

·       The location of the subject site is appropriate for the proposed short term accommodation. Appropriate management of the short term accommodation would allow the use to operate without adverse impacts on the amenity of the surrounding residential area and would be compatible with its setting.

 

Temporary Accommodation Management Plan

 

The applicant has provided a Management Plan and a Code of Conduct for the proposed use, as included in Attachment 3. The Management Plan addresses procedures for compliant management, parking management, noise control and security for guests and residents. The Management Plan and Code of Conduct are considered to satisfy the requirements set out in the Temporary Accommodation Policy.

 

The short term accommodation is limited to four guests at any one time. The proposed number of guests is consistent with the number of people that would typically be accommodated within a three-bedroom residential dwelling and the proposal is not considered to increase the intensity of the use of the subject site.

 

The minimum night stay for each booking of the short stay accommodation is three nights. At the time of booking prospective guests would be vetted for suitability by answers on an application form, in telephone conversation or on the internet by the owner or property manager. The property manager would personally meet and run through the Code of Conduct requirements with all guests upon arrival. These conditions of booking would reduce the potential for parties, social events and associated disturbance to adjoining properties from occurring.

 

The landowner proposes to supply the contact details of the property manager to the immediate adjoining properties. This would ensure the adjoining properties can have direct contact with the property manager in the event there are any concerns with guests of the property. In addition, the Code of Conduct provided as Attachment 3, identifies the following requirements:

 

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

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

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

 

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

 

 

 

Time Limited Approval

 

The short term dwelling use could be operated without generating nuisance detrimental to the amenity of the surrounding residential area through the implementation of the management plan and code of conduct proposed by the applicant. The use is supported on this basis. The proposal is reliant on the application of the management arrangements to address matters such as noise and parking availability. The applicant initially proposed to operate the short term accommodation for six months of a year, however amended this to three months following community consultation. Administration is satisfied that the management plan would appropriately address operational requirements and six months is acceptable.

 

Administration recommends that the term of the approval should be limited to a period of 24 months. Within the 24 month period the short term accommodation use would be able to operate for a total of 12 months, being a maximum of six months per year. This would allow the applicant to demonstrate that the use can be managed successfully and provides an opportunity to monitor its operation so that the management procedure can be reviewed. It would then be available to the applicant to re-apply for development approval to continue to operate after the expiration of the 24 month period. Any such application would be advertised to the surrounding owners and occupants before being determined.

 

Parking

 

A number of submissions were received objecting to the proposal and raising concerns regarding car parking and impact on the availability of on-street parking bays. There are two car parking bays on site within the existing double garage as accessed from Wellman Street. The property has been issued one residential and two visitor parking permits for use in Brookman Street. Visitor parking permits are issued for the occasional use by visitors and should not be used as defacto residential parking.

 

Parking permits are issued under City’s Local Government Property Local Law (Local Law) prepared under the overarching Local Government Act 1995. In accordance with the Local Law, the existing residential parking permits applicable to the site are not required to be changed to commercial permits as a result of the change of use to Short Term Dwelling. This is because the property would not be used solely for commercial purposes. A condition of approval is recommended that requires an amended Guest Information Sheet, contained within the Management Plan, to be submitted prior to the commencement of the use that provides a process of providing and retrieving parking permits from guests, and to ensure that guests are aware of the City’s Conditions Governing Residential Permits.

 

The applicant’s Management Plan confirms the two on-site bays would be used for the parking of the owner’s vehicles throughout the year and that one residential parking permit would be made available for the use of guests. The application does not propose to increase the intensity of the site and one parking permit is considered acceptable given one bay is required for a Single House in this location, in accordance with State Planning Policy 7.3 Residential Design Codes of Western Australia – Volume 1. Guests would be required to comply with the parking requirements set out by the City’s Conditions Governing Residential Permits, which would be monitored by the City’s Rangers accordingly.

 

The property manager would utilise one parking permit for visits to the site. The property manager would visit the site for checking-in and checking-out guests, for maintenance and cleaning.

 

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

 

In support of the above, the proposed parking arrangement is sufficient to accommodate parking requirements of the short term dwelling occupants.

 


 

Heritage Management

 

The subject site is identified as Heritage Management Category A and forms part of the Brookman and Moir Streets heritage precinct. The associated Brookman and Moir Street Development Guidelines and the Heritage Management Policy provide strict requirements relating to physical works, but do not provide any requirements in relation to change of uses. This development application does not propose any external works to the heritage listed property. The development would have no visual impact on the heritage significance of the subject site or the streetscape, and the heritage fabric of the building would not be changed. Given this application involves a change of use only, the Brookman and Moir Street Development Guidelines and Heritage Management Policy are not applicable.

 

The Australia ICOMOS Charter for Places of Cultural Significance, the Burra Charter 2013 (the Burra Charter) sets a standard of practice for those who provide advice, make decisions about, and undertake work to places of cultural significance. The Burra Charter applies to all types of places of cultural significance, including the subject site. In accordance with Article 1.11 of the Burra Charter, a ‘compatible use’ means a use which respects the cultural significance of a place, being such a use that involves minimal or no impact on the cultural significance of the place. The proposed use is for the purpose of human habitation and represents development that operates in a similar manner to a residential dwelling. The proposal would be a compatible use with the existing residential dwelling and would not adversely impact the cultural significance of the place.

 

In accordance with Article 15.2 of the Burra Charter, the change of use to short term dwelling could also be reversed back to a single house in the future if circumstances permit without any adverse impact to the cultural significance of the place.

 

In relation to the subject sites State Heritage listing, comments received from the Heritage Council advised that the proposed change of use would not have a negative impact on the cultural significance of the place and is supported by the Heritage Council.

 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

5.4          No. 396-398 (Lot: 1; D/P: 1976) Fitzgerald Street, North Perth - Proposed Change of Use from Office to Unlisted Use (Cat Hotel)

TRIM Ref:                  D19/107197

Author:                     Clair Morrison, Urban Planner

Authoriser:                Jay Naidoo, Manager Development & Design

Ward:                        South

Attachments:             1.       Consultation and Location Map

2.       Development Plans

3.       Written Submission dated 19 August 2019

4.       Parking Management Plan dated 21 June 2019

5.       Acoustic Report dated 21 June 2019

6.       Cat Enclosure Details

7.       Floor Waste and Odour Management

8.       Summary of Submissions - Administration's Response

9.       Summary of Submissions - Applicant's Response

10.     Determination Advice Notes  

 

 

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for development approval for a Change of Use from Office to Unlisted Use (Cat Hotel) at No. 396 – 398 (Lot: 1; D/P: 1976) Fitzgerald Street, North Perth, in accordance with the plans shown in Attachment 2 and the written submission in Attachment 3, subject to the following conditions, with the associated advice notes in Attachment 10:

1.       Use of Premises

1.1     The premises shall be used for the purposes of the care and boarding of cats as detailed in the Furbaby Retreat Luxury Cat Hotel Council Submission for Change of Use stamped 19 August 2019;

1.2     A maximum of 36 cats shall be on the subject site at any one time; and

1.3     The hours of drop-off and pick-up shall be limited to between:

1.3.1  7:30am to 6:00pm Monday to Friday;

1.3.2  8:00am to 5:00pm Saturday; and

1.3.3  10:00am to 5:00pm Sunday;

2.       Car Parking, Access and Bicycle Facilities

2.1     Five car parking bays shall be provided onsite. The parking bays are not to be used for storage purposes or the like to the satisfaction of the City;

2.2     The car parking and access areas shall be sealed, drained, paved and marked in accordance with the approved plans and is to comply with the requirements of AS2890.1 prior to occupation or use of the development and thereafter to the satisfaction of the City; and

2.3     A minimum of two bicycle bays shall be provided onsite. The bicycle bays shall be designed in accordance with AS2890.3 and installed prior to occupation or use of the development to the satisfaction of the City;

 

3.       Parking Management Plan

The approved Parking Management Plan dated 21 June 2019 shall be implemented, and the development shall thereafter be carried out in accordance with the approved Parking Management Plan to the satisfaction of the City;

4.       Operational Management

Use of the premises shall be carried out in accordance with the Furbaby Retreat Luxury Cat Hotel Council Submission for Change of Use stamped 19 August 2019;

5.       Acoustic Report

All recommended measures in the Acoustic Report submitted as part of this development application dated June 2019 shall be undertaken in accordance with the report to the City’s satisfaction prior to the occupation or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;

6.       Waste Management

6.1     A Waste Management Plan must be submitted to and approved by the City prior to the occupation or use of the development. The plan must include the following details to the satisfaction and specification of the City:

6.1.1  The location of bin storage areas and bin collection areas;

6.1.2  The number, volume and type of bins, and the type of waste to be placed in the bins;

6.1.3  Details on future ongoing management of the bins and the bin storage areas, including cleaning, rotation and moving bins to and from the bin collection areas; and

6.1.4  Frequency of bin collections, including the City service and private collection; and

6.2     The Waste Management Plan as described and approved in Condition 6.1 must be implemented at all times to the satisfaction of the City;

7.       External Fixtures

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

8.       Active Frontage

8.1     Doors and windows and adjacent floor areas fronting Fitzgerald Street shall maintain an active and interactive relationship with this street; and

8.2     Darkened obscured, mirrored or tinted glass or other similar materials as considered by the City is prohibited.

Purpose of Report:

To consider an application for development approval for a Change of Use from Office to Unlisted Use (Cat Hotel) at No. 396-398 Fitzgerald Street, North Perth (the subject site).

PROPOSAL:

The application proposes a Cat Hotel with a maximum capacity of 36 cats at any one time at the subject site. The Cat Hotel is proposed to offer boarding facilities for cats for short and long term periods, with a minimum stay of two nights intended, and would include all activities associated with this such as feeding and playing to occur within the building. The applicant anticipates that the Cat Hotel would generally operate at 70 percent capacity, being approximately 25 cats, and only reach maximum capacity during peak periods. Peak periods are generally during the Easter and Christmas festive periods. There would be a maximum of four employees on the subject site at any one time. There are two rooms within the tenancy that are not proposed to accommodate cats as part of this application. The applicant has indicated that there may be potential to increase the number of cats accommodated within these rooms onsite in the future. This would be subject to a separate application. The proposal does not involve any external modification to the building.

 

The applicant has proposed the following as part of the operation of the use:

 

Accommodation Types

 

The proposed Cat Hotel includes three types of cat accommodation suites being:

 

·       20 Standard Suites with one cat per suite;

·       Five five-Star Suites with up to two cats per suite; and

·       Two Penthouse Suites with up to three cats per suite.

 

The five-star suites and penthouse suites would be larger than the standard suites. The cat accommodation suites would be designed and built in accordance with standards set out in relevant codes of practice. This is set out below and is contained in the Furbaby Retreat Luxury Cat Hotel Council Submission for Change of Use stamped 19 August 2019 in Attachment 3.

 

·       Cats must be housed individually, except compatible cats from the same household with written permission from the cats’ owner;

·       The minimum size for short-term boarding must be at least 1 square metre and a minimum height of 900 millimetres;

·       Cats boarded for longer than two weeks must be in accommodation at least:

o   1.5 square metres and a minimum height of 900 millimetres; or

o   Walk-in module with a minimum floor area of 0.8 square metres, minimum width of 900 millimetres and a minimum height of 1.8 metres, and contain at least two levels including raised sleeping quarters;

·       For each additional cat an additional 1.0 square metre is required; and

·       Each cat must have an individual sleeping area, food bowl and litter tray;

 

Operating Hours

 

The applicant proposes the following drop-off and pick-up times:

 

·       Monday to Friday: 7:30am to 11:00 am and 2:30pm and 6:00pm;

·       Saturday: 8:00am to 11:00am and 2:00pm to 5:00pm; and

·       Sunday: 11:00am to 2:00pm.

 

Car Parking and Bicycle Parking

 

There are five marked car parking bays located onsite for the exclusive use of the proposed Cat Hotel that are accessible from the ROW to the rear, off Alma Road. Two of these bays would be available for staff and three bays available for customers. There are three hour on-street public parking bays available on Alma Road and one hour on-street public parking bays available on Fitzgerald Street excluding 6:30am to 9:00am Monday to Friday.

 

There are two short-term bicycle bays in the Fitzgerald Street verge in front of nearby tenancies Nos. 392 and 386 Fitzgerald Street within approximately 10 metres and 25 metres respectively from of the subject site. The applicant is also proposing the addition of two bicycle bays onsite located external to the building adjacent to the store facing Alma Street.

 

 

Drop-Off and Pick-Up

 

The Cat Hotel would require bookings to be made through an online portal, at which time visitors are required to confirm the dates their cats would attend the facility and times for drop-off and pick-up. Each booking would be scheduled to ensure only one cat or cats from the same household are dropped off at any one time. The allocated time for check in is 15 minutes per cat or cats from the same household which would allow for a staggered drop-off and pick-up of cats at the facility, and would reduce the number of visitors to the site at any one time.

 

Floor plans of the proposal are included in Attachment 2. The applicant has provided a written submission within the development application that sets out the operation and details of the use and that is included in Attachment 3. The applicant has also submitted a Parking Management Plan, Acoustic Report, Waste Management Plan and Odour Management details which are contained in Attachment 4, Attachment 5, Attachment 6 and Attachment 7 respectively.

Background:

Landowner:

Volga Pty Ltd and Margaret Jane Vandenbergh

Applicant:

Scribe Design Group

Date of Application:

21 May 2019

Zoning:

MRS:    Urban

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

Built Form Area:

Town Centre

Existing Land Use:

Office

Proposed Use Class:

Unlisted Use (Cat Hotel)

Lot Area:

393m²

Right of Way (ROW):

Yes, the ROW is on the eastern side of the subject site and is 5.0 metres in width. The ROW is owned by the City of Vincent and the subject site has access rights.

Heritage List:

No

 

The subject site is located at No. 396-398 Fitzgerald Street, North Perth, on the corner of Fitzgerald Street and Alma Road. A location plan is included in Attachment 1. The site is bound by Alma Road to the north, a ROW to the east, commercial buildings to the south and Fitzgerald Street to the west. Across the ROW to the rear of the property and along Alma Road to the east are residential dwellings, being a mix of single houses and grouped dwellings.

 

The subject site is zoned District Centre under the City of Vincent’s Local Planning Scheme No. 2 (LPS2) and is located within the North Perth Town Centre. The subject site is located within the Town Centre Built Form Area under the City’s Policy No. 7.1.1 – Built Form (Built Form Policy).

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent Local Planning Scheme No. 2 (LPS2), and the City’s Policy No. 7.1.1 – Built Form and Policy No. 7.7.1 – Non-Residential Development Parking Requirements.  In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

 

Planning Element

Use Permissibility/ Deemed-to-Comply

Requires the Discretion of Council

Land Use

 

ü

Parking & Access

 

ü

Bicycle Facilities

 

ü

Ground Floor Design

ü

 

 

 

Detailed Assessment

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

 

Land Use

Deemed-to-Comply Standard

Proposal

Local Planning Scheme No. 2

 

‘P’ Use

 

 

Unlisted Use (Cat Hotel)

Car and Bicycle Parking

Deemed-to-Comply Standard

Proposal

Policy No. 7.7.1 Non-Residential Development Parking Requirements

 

No minimum car or bicycle parking requirements specified for unlisted use

 

 

 

Five car parking bays

Two bicycle parking bays

 

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

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 for a period of 21 days commencing on 5 July 2019 and concluding on 26 July 2019. Community consultation was undertaken by means of a sign onsite, newspaper advertisement, notice of the proposal being published on the City’s website, and written notification to landowners and occupiers of adjoining properties as shown in Attachment 1, in accordance with the City’s Policy No. 4.1.5 – Community Consultation.

 

The City received three submissions, comprising two objections and one submission expressing concerns with the proposal. The summary of the concerns raised during the community consultation period are outlined below:

 

·       The proposal may result in customers using surrounding private parking;

·       The increase in traffic to the site would result in parking pressure on Fitzgerald Street and Alma Road;

·       The waste management and implications of odour on adjoining residential properties;

·       The amount of noise generated onsite and impact the noise would have on adjoining residential properties; and

·       Risk to public health.

 

A summary of submissions received and Administration’s response to these is included in Attachment 8. The applicant’s response to the summary of submissions is included in Attachment 9.

Design Review Panel (DRP):

Referred to DRP:            No

Legal/Policy:

·       Planning and Development Act 2005;

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

·       City of Vincent Local Planning Scheme No. 2;

·       Policy No. 4.1.5 – Community Consultation;

·       Policy No. 7.1.1 – Built Form Policy;

·       Policy No. 7.5.2 – Signs and Advertising;

·       Policy No. 7.5.21 – Sound Attenuation; and

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

 

 

 

Planning and Development Act 2005

 

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

 

Local Planning Scheme No. 2

 

The proposed land use is not specifically identified in the land use table in LPS2 and could not reasonably be determined as falling within the interpretation of one of the listed uses in LPS2. The proposal is considered as an Unlisted Use in accordance with Clause 18(4) which states:

 

The local government may, in respect of a use that is not specifically referred to in the zoning table and that cannot reasonably be determined as falling within a use class referred to in the zoning table –

 

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

 

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

 

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

 

Council is required to consider if the use is consistent with the objectives of the District Centre zone. LPS2 includes the following objectives for the District Centre zone:

 

·       To provide a community focus point for people, services, employment and leisure that are highly accessible and do not expand into or adversely impact on adjoining residential areas.

·       To encourage high quality, pedestrian-friendly, street-orientated development that responds to and enhances the key elements of each District Centre, and to develop areas for public interaction.

·       To ensure levels of activity, accessibility and diversity of uses and density is sufficient to sustain public transport and enable casual surveillance of public spaces.

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

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

·       To provide a broad range of employment opportunities to encourage diversity and self-sufficiency within the Centre.

·       To encourage the retention and promotion of uses including but not limited to specialty shopping, restaurants, cafes and entertainment.

·       To ensure that the City’s District Centres are developed with due regard to State Planning Policy 4.2 – Activity Centres for Perth and Peel.

Delegation to Determine Applications:

The matter is being referred to Council in accordance with the City’s Delegations Register as the development application proposes a land use that is not listed in Table 1 of Policy No. 7.7.1 – Non-Residential Development Parking Requirements.

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:

Land Use

 

The application proposes a Cat Hotel for the purpose of short-term boarding for a maximum of 36 cats at any one time. Activities onsite include boarding and general day-to-day care of cats including playing, resting and feeding. Other operations onsite associated with the use include cleaning of accommodation suites, exercising of cats and administration work that are detailed further in the applicant’s written submission contained in Attachment 3.

 

Administration received objections relating to:

 

·       The location of the proposal in relation to surrounding residential properties due to the implications of noise, waste disposal and public health; and

·       How the business would operate, specifically, the absence of facilities for employees to stay overnight.

 

The proposed Cat Hotel is considered to satisfy the objectives of the District Centre zone and is appropriate for the subject site for the following reasons:

 

·       The proposal provides a new type of service for the locality and would provide additional employment opportunities within the community;

·       The site is located along an established transit corridor and commercial area, which is highly accessible by vehicle and other modes of transport;

·       The proposal maintains an interactive relationship with the street, with the public administration areas, cat play areas and cat accommodation suites located to the front of the subject site with glazing onto the street;

·       The amount of noise emitted from the proposed land use would be minimal and complies with the requirements of the Environmental Protection (Noise) Regulations 1997. This is discussed in further below;

·       The proposed waste management strategy includes sustainable methods of waste disposal and utilises sustainable practices, such as using recyclable cat litter product that is natural and chemical free; and

·       The proposed land use is of an intensity and nature that is appropriate for the subject site. A condition of approval is recommended that the use operate in accordance with the Furbaby Retreat Luxury Cat Hotel Council Submission for Change of Use dated 19 August 2019 contained in Attachment 3.

 

Car Parking and Bicycle Parking

 

In accordance with the City’s Non-Residential Development Parking Requirements Policy where a use is not listed, parking requirements are to be determined by the City on a site specific Parking Management Plan. The applicant has provided a Parking Management Plan which is included in Attachment 4.

 

Administration received objections in relation to the impact of parking on the surrounding residential area and adjoining businesses parking facilities during the community consultation period.

 

The proposed parking arrangements for the Cat Hotel is appropriate for the following reasons:

 

·       There would be one cat or family of cats being dropped off at any one time. This would be managed through a specific drop off time being allocated to each guest to minimise crossover between guests. Each guest would be allocated 15 minutes for drop off. This would reduce the amount of traffic and vehicle movements to and from the site, as well as demand for customer car parking at any one time;

·       During pick-up and drop-off periods when customers would be attending the site, there would be a maximum of three employees onsite to check in guests and manage enquiries. These employees would have access to two staff parking bays available onsite and alternative modes of transport available to access the site;

·       There are three customer parking bays available onsite for pick-up and drop-off;

·       Before and after pick-up and drop-off periods when customers would not be in attendance at the site, there would be a maximum of four employees onsite at any one time who would be cleaning, caring for  feeding guests. These employees would have access to the two staff parking bays, as well as the three customer parking bays available onsite;

·       In addition to staff parking onsite, employees would also have the flexibility to use alternative modes of transport available to access the site. This includes access via bicycle with two bicycle parking spaces proposed onsite and four bicycle parking spaces within 25 metres in the verge of Fitzgerald Street, or the high frequency bus route along Fitzgerald Street located approximately 100 metres north of the site; and

·       There are 13 on-street car parking bays located adjacent to the site along both sides of Fitzgerald Street and two on-street car parking bays directly across the property along Alma Road.

 

Noise

 

The applicant submitted an acoustic report prepared by a qualified acoustic consultant, Herring Storer Acoustics dated June 2019 in support of the proposed use. The acoustic report is included as Attachment 3. The acoustic report assesses noise generated from the proposed use, being from cats and mechanical services, and its impact on the nearest residential property being within 15 metres from the subject site.

 

Administration received objections during community consultation relating to the impact of noise from the cats boarding onsite.

 

The proposed use would not result in an adverse impact on the use and amenity of the surrounding area in relation to noise, given:

 

·       The noise levels generated from the premises would comply with the relevant assigned noise levels under the Environmental Protection (Noise) Regulations 1997;

·       The noise emissions associated with cats within the premises would be inaudible external to the building. The acoustic consultant has advised that this is because a cat ‘meowing’ is comparable to the noise level of a normal conversation between people and even if more cats were to ‘meow’ at the same time, the fabric of the building being constructed of concrete and brick would attenuate and contain any noise emissions associated with cats to within the building itself;

·       Cats from different households would not be socialising with each other, as this is a major stress-point for cats. This eliminates any risk of cats fighting or aggressively making noises;

·       The noise emissions from mechanical services, specifically ventilation fans, would be compliant with required noise levels; and

·       The cat accommodation suites and playing areas are located in enclosed rooms at the front of the subject site, and the administration areas and storage spaces where there is less noise emissions are located to the rear of the tenancy.

 

Operational Management

 

Concerns were raised during community consultation regarding the health and wellbeing of cats, particularly overnight where there are no staff members to supervise cats.

 

Appropriate measures as set out in the applicant’s operational plan contained Attachment 3 are proposed to put in place to address the health and wellbeing of cats, and to protect the health of the public for the following reasons:

 

·       A vaccination certificate is required for all cats boarding at the subject site before admission to demonstrate proof of vaccination against feline infectious disease;

·       The business is proposed to partner with a minimum of two local veterinary practices, including an emergency vet hospital for care to any cats that may fall ill while their stay at the premises. The applicant has confirmed that preliminary discussions have occurred with North Perth Vet Centre and Perth Vet Emergency. It would be unlikely that cats would fall seriously ill overnight when left unattended. In the event this may occur, treatment would be available from qualified veterinarians at any stage. Should any cat fall ill, they would be removed from the subject site and relocated to their regular veterinary clinic or one of the veterinary partners for treatment, and the accommodation suite would undergo thorough cleaning and disinfecting to eliminate the risk of disease spreading; and

·       Hygiene practices would reduce the risk of health issues by cleaning suites with veterinary grade disinfectant between visits, mopping floors daily, removing waste from litter trays daily, washing all bedding, toys, blankets and food and water bowls, and separating cats into individual suites. Employees would have access to veterinary grade hand sanitiser and soap for regular washing of hands, and would be required to wear personal protective equipment including gloves and aprons for activities that involve the handling of cats, cat litter or food.

 

Waste Management

 

The applicant has submitted a waste management plan to outline how waste would be managed and removed from the site. This is included in the applicant’s written submission in Attachment 3.

 

There would be three types of waste generated from the use, being cat waste, general waste and recycling. The following methods of waste management is proposed and is appropriate:

 

·       The use of sustainable and recyclable cat litter products;

·       Vacuum sealing of cat waste to eliminate bacterial growth and odours, and stored in a receptacle in the bin store until private waste collection. Private waste collection would occur twice a week for cat waste;

·       The business is intended to operate in a sustainable manner. The general operation of the business is intended to be a paperless work environment, with bookings being made via an online portal. Unavoidable waste such as that from packaging would be recycled where possible. The recycling waste receptacle and general waste receptacle would be collected by the City’s Waste Services;

·       Utilising the City’s Waste Services for general waste; and

·       All waste is proposed to be located within a lockable bin store area.

 

Odour

 

The applicant has provided details relating to the management of odour, which is included in Attachment 7. Each cat enclosure is individually connected to an exhaust duct above the ceiling to dissipate the air across the roof of the building. This system is expected to dissipate air across the roof at least 6 metres from any air intake, meaning there would be no odour or cross contamination issues as a result of the use.

 

The proposed odour management is acceptable for the following reasons:

 

·       The vacuum sealing of cat waste for private collection eliminates bacterial growth and odour to surrounding areas and residential properties;

·       The enclosed lockable bin storage would mitigate the impact of odour on surrounding residential and commercial land uses; and

·       The method of cleaning out cat accommodation suites reduces the risk of disease, spread of pest and odour.

 

Operating Hours

 

The applicant has proposed the following operating hours for drop-off and pick-up of cats as part of the application:

 

·       Monday to Friday: 7:30am to 11:00am and 2:30pm and 6:00pm;

·       Saturday: 8:00am to 11:00am and 2:00pm to 5:00pm; and

·       Sunday: 11:00am to 2:00pm.

 

Administration supports the following operating hours as discussed with and confirmed by the applicant as being preferable:

 

·       Monday to Friday: 7:30am to 6:00pm;

·       Saturday: 8:00am to 5:00pm; and

·       Sunday: 10:00am to 5:00pm.

 

These revised operating hours are considered to be less restrictive and more flexible to support the business operation, and is considered to be appropriate in a District Centre zone that would not result in detrimental amenity impacts to nearby residential properties.

 

Signage

 

The applicant has not indicated any signage for the Cat Hotel as part of the application. An advice note of approval has been recommended that all signage meet the relevant provisions of City Policy No. 7.5.2 – Signs and Advertising, otherwise a development application would be required to be submitted.

 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019


 


 


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

5.5          LATE REPORT: No. 9 (Lot: 22; D/P: 6645) Baker Avenue, Perth - Proposed Change of Use from Single House to Single House and Unlisted Use (Music Studio)

 

 

REPORT TO BE ISSUED PRIOR TO THE BRIEFING MEETING ON 8 OCTOBER 2019.

 


Council Briefing Agenda                                                                                     8 October 2019

5.6          2019/20 Community Sporting and Recreation Facilities Fund Small Grants Application - Woodville Reserve Master Plan

TRIM Ref:                  D19/144096

Author:                     Wayne Grimes, Senior Community Projects Officer

Authoriser:                Jordan Koroveshi, A/Manager Policy & Place

Attachments:             Nil

 

Recommendation:

That Council ENDORSES the Community Sporting and Recreation Facilities Fund Small Grants submission to the Department of Local Government, Sport and Cultural Industries for $25,000 towards the Woodville Reserve Master Plan.

 

Purpose of Report:

To consider endorsement of a $25,000 funding submission to the Department of Local Government, Sport and Cultural Industries Community (DLGSC) Sporting and Recreation Facilities Fund (CSRFF) Small Grants Round for the Woodville Reserve Master Plan.

Background:

Local Government Authorities and not-for-profit sport/recreation organisations are eligible to apply for CSRFF grants aimed towards increasing participation through the development of sustainable, good quality, well-designed and well-utilised facilities. The DLGSC offers small grant funding twice annually in March and August.

 

The CSRFF Small Grants allow eligible clubs, groups and local government authorities to apply for grant funding to assist with smaller projects that have a total cost of $300,000 or less. Any applications for the current CSRFF Small Grants needed to be submitted to the relevant Local Government Authority in August 2019 for assessment and Council approval.

 

The applications are then assessed by DLGSC and rated as either:

 

A.      Well planned and needed by municipality

B.      Well planned and needed by applicant

C.      Needed by municipality, more planning required

D.      Needed by applicant, more planning required

E.      Idea has merit, more planning work needed

F.       Not recommended.

 

Successful/unsuccessful applicants are then notified by DLGSC in November 2019.

 

The City generally coordinates these applications between our community groups, sporting clubs and our own submission to ensure that there is no duplication in applications. No submissions were received from external community members or groups this round. However, the City has submitted its Woodville Reserve Master Plan project for the current CSRFF Small Grants Round to the DLGSC.

Details:

Given the district significance of Woodville Reserve, inclusion of the Master Plan in the City’s Corporate Business Plan 2018/19 – 2021/22 and inclusion on the City’s Public Open Space Strategy, this project was assessed by the City as “Category A – well planned and needed by municipality” using the CSRFF Guidelines and key principles. The DLGSC now requires Council endorsement of the grant submission.

 

The City’s submission to the DLGSC included the following information:

 

The Woodville Reserve Master Plan is to provide an integrated and coordinated plan for the development of Woodville Reserve. Woodville Reserve precinct is separated into four main areas being a:

 

·       Tennis Club;

·       Bowls Club;

·       Community Recreation area (with Men’s Shed and community garden); and

·       Active reserve and sports pavilion.

 

The Master Plan will take into consideration the long-term objectives for the space, upgrade, replacement or new construction of facilities, playing surfaces and other community facilities.

 

The objectives of this project are:

 

·       To develop a vison for Woodville Reserve that meets the needs of current sporting groups and to allow for the changing needs and diverse future user groups;

·       To prepare a Master Plan for the future development/redevelopment of Woodville Reserve;

·       To provide detailed information to assist Council in making informed decisions on the future development of Woodville Reserve and to enable sound forward capital & operational/maintenance planning;

·       Develop a detailed assessment of the proposed facility Master Plan including;

o   Site concept plan;

o   Facilities cost plan;

o   Project delivery; and

o   Implementation staging plan.

 

Project Needs Assessment

 

Woodville Reserve is a multipurpose sporting and community precinct. The area is currently used by North Perth Tennis Club, North Perth Bowls Club, North Perth United Soccer Club, Vincent Men’s Shed, North Perth Community Garden and other smaller community/recreation groups. The North Perth United Soccer Club is wanting to expand their use of the reserve, but due to the poor pitch conditions and no floodlights they have very limited access. The sporting and community facilities at Woodville Reserve have developed incrementally over time. They are well patronised but spatially disconnected. The poor physical relationships between them has inhibited the building of strong relationships between the community groups. The facilities are ageing and the time has presented itself to review the site and develop a plan for Woodville Reserve.  The Master Plan will also explore the development prospects for Woodville Reserve and all its associated facilities.

 

The Master Plan will provide Council with a coordinated and strategic approach for this important community asset including a prioritised implementation plan based upon existing and future facility development opportunities.

Consultation/Advertising:

The City has consulted with the North Perth Tennis Club, North Perth Bowls Club, North Perth United Soccer Club, Vincent Men’s Shed and the North Perth Community Garden regarding the future of Woodville Reserve. Preparation of the Master Plan will include extensive engagement with a range of key stakeholders and the broader community through a project specific Stakeholder Engagement Plan.

Legal/Policy:

Nil.

Risk Management Implications:

Low:  It is considered low risk for Council to endorse a grant application for the Woodville Reserve Master Plan.

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.

 

Connected Community

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

 

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The 2019/20 operating budget includes an amount of $70,000 to prepare the Woodville Reserve Master Plan. This grant would contribute $25,000 towards this funding and result in that amount of savings to the City of Vincent.

Comments:

Preparation of the Woodville Reserve Master Plan is an eligible project that has been included within the City’s Corporate Business Plan 2018/19 – 2020/21. This CSRFF Small Grants application seeks funding support from the DLGSC given the district significance of Woodville Reserve and its key role over many decades in accommodating sport and recreation activities.

 


Council Briefing Agenda                                                                                     8 October 2019

5.7          Optus Stadium - Submission on Proposed Regulation 19B Venue Approval

TRIM Ref:                  D19/136176

Author:                     Prue Reddingius, Co-ordinator Environmental Health

Authoriser:                Mark Fallows, Manager Regulatory Services

Attachments:             1.       City of Vincent Submission; Optus Stadium Regulation 19B Venue Approval

2.       Optus Stadium Community Survey Report 2017 – Patterson Research Group

3.       Sound Level Modelling Maps (merged) - Optus Stadium Regulation 19B

4.       Optus Stadium Draft Venue Approval and Conditions

5.       Map of City of Vincent occupiers > 1 kilometre of Optus Stadium  

 

Recommendation:

That Council:

1.       ENDORSES the City’s submission on the Optus Stadium Draft Venue Approval and Conditions included as Attachment 1 in accordance with Regulation 19B of the Environmental Protection (Noise) Regulations 1997; and

2.       NOTES that Administration will forward the submission included as Attachment 1 to the Town of Victoria Park.

Purpose of Report:

To consider the City’s submission on the Optus Stadium draft venue approval and conditions.

Background:

Regulation 19B of the Environmental Protection (Noise) Regulations 1997 (the Regulations) allows for major venues such as Optus Stadium to be approved to hold sporting, cultural or entertainment events (‘notifiable events’) on a regular basis throughout the year. The occupier of a venue may apply for approval to host a specific number and type of notifiable events. A venue approval will allow noise emissions from certain events to exceed the assigned noise levels stipulated in the Regulations, on the provision these events are carried out in accordance with the conditions of approval. It is intended that a venue approval provides certainty to the venue occupier as to their tenure and operations, as well as certainty to the community as to what they can expect in the management of noise from the venue.

 

Optus Stadium is located in the Town of Victoria Park (the Town) and the Town has received an application from the venue occupier of the Stadium for a Regulation 19B venue approval. The application included the requested number of notifiable events, a community survey report by Patterson Research Group and noise modelling for different event types and proposed configurations.

 

The community survey was distributed to residents who live within a 2 kilometre radius of Optus Stadium. As specified with the report, “In July – August 2017, a total of 566 residents took part in the survey. 461 were by means of a self-completion online survey, and 105 were by telephone follow-up to households which had not completed an online survey”. The survey sought responses in respect to the level of ‘acceptability’ of the likes of finish times (weekdays vs weekends), New Year’s Eve events, the number of events, the type of events and more generally how respondents felt towards ‘open air events’.

 

A summary of the major points have been extracted from the community survey report and are provided below:

 

·       Section 2.5.1 – With regard to the types of events at the stadium, “the survey found that 85% would accept six music concerts per annum, 20% would accept six car or motor bike events, and 17% would accept six monster truck events per annum.

·       Section 4.3.1 – With respect to an 11:00pm finish time for Sunday to Thursday evenings (i.e. evenings that precede a normal work day) almost eight in ten (79%) of respondents find the 11pm finish time to be acceptable”.

·       Section 4.3.2 – “almost all nine out of ten respondents (88%) find an 11pm finish for weekend concerts to be acceptable”.

·       Section 4.5 – In respect to the number of ‘open air concerts’ they would accept in a 12 month period the report details that (72%) would accept 10 or more open air events such as concerts per annum in the new Perth Stadium. Seventy-two per cent would accept 10, 77% would accept 8, 85% would accept 6, and 92% 3 events per annum.

 

A copy of the community survey report is included as Attachment 2.

 

The application for venue approval was supported by sound modelling maps which show the predicted sound levels that may be received at surrounding properties as a result of notifiable events at the venue. The maps show sound modelling for various stage configurations and types of events at the venue. The sound modelling maps are included as Attachment 3. As can be seen in the maps, properties in Vincent will receive sound level in excess of the assigned levels stipulated in the Regulations when notifiable events occur at the venue. The Town has concluded that based on the noise modelling, the west stage configuration has the least impact on the community and is the preferred stage location.

 

The Town has reviewed the application and has compiled a draft venue approval in accordance with the Regulations which specifies that the approval must set out the following:

 

·       the period of which the venue approval is valid

·       the maximum number and type of notifiable events

·       the start and finish times of notifiable events

·       the maximum duration of a notifiable event

·       the maximum allowable noise level of a notifiable event

·       the manner in which occupiers affected by noise from a notifiable event at the venue are to be notified of the event

·       a complaint procedure

·       the manner in which community consultation is to be conducted by the applicant for approval of the venue (i.e. public consultation to inform an application for a venue approval or renewal of a venue approval to the local government).

 

The draft venue approval is provided in Attachment 4. In summary, the approval provides as follows:

 

·       The venue approval will be valid for 3 years.

·       Sound level limits have been set at the mixing desk for notifiable events and will vary depending on various stage, and speaker configurations.

·       For entertainment special events there are three single stage configurations:

o   West end with direction of noise to the east

o   North end with direction of noise to the south; and

o   Centre of grounds with noise in all directions around the stage.

·       A noise management plan is required to be submitted for each event.

·       Events are required to have an acoustic consultant on site at all times to monitor noise and respond to complaints.

·       Written notification to affected occupiers is required for each event (apart from sporting events). The notification letter must include the complaints number and event details such as date and start and finish times.

·       A complaints line is to be set-up and all complaints are to be documented, with this reported to the Town post event.

·       A full report of the noise monitoring is required to be submitted to the Town seven days after an event.

 

For the purposes of consultation, the Town has summarised the draft approval and provided the following Table of ‘allowable types of events for Optus Stadium’:

 

 

In accordance with Regulation 19B(8)(iv) of the Regulations, before making a decision in respect to the application for venue approval, the CEO (of the Town of Victoria Park) must give each local government in which noise emissions received from the venue are likely to fail to comply with the standard prescribed under the Regulations reasonable opportunity to make a submission on whether or not the venue should be approved. As the sound level modelling provided in Attachment 3 indicates, properties within the City are likely to receive noise emissions in excess of the assigned levels stipulated in the Regulations as a result of notifiable events at the venue, and as such the City (as the Local Government) has been provided the opportunity to make a submission.

 

The Regulations also prescribe that the CEO of the Town must provide the occupier of any noise sensitive premises within 1 kilometre of the venue, the same opportunity to make a submission. The image below shows the radius captured.

 

Image extracted from Town of Victoria Park IntraMaps system, 24 September 2019

 

The 1 kilometre radius does not capture any noise sensitive premises in the City. In the interest of best practice, the Town sought feedback from the City’s Administration on expanding the radius to occupiers outside the 1 kilometre. In return, the City provided the Town a map and accompanying details of those properties where it was desired for the radius be extended to. This map is shown in Attachment 5. The Town confirmed these properties have been provided the opportunity to make a submission on the venue approval.

 

The Town of Victoria Park is the decision making authority in respect of the venue approval. The Town is also responsible for managing, monitoring and enforcing the conditions of venue approval.

Details:

Administration have reviewed the draft conditions of approval. The level of detail provided indicates the Town will be able to effectively manage, monitor and enforce the noise management requirements around each notifiable event. In considering the impact the venue approval will have on the City’s occupiers and what is in place as per conditions of approval to manage noise, the following is noted:

 

1.       The finish time for entertainment special events shall not be later than 11:00pm (except new year’s eve) which is in line with the results of the community survey report, distributed to all residents within a 2 kilometre radius of the Stadium;

2.       The Town has concluded that based on the noise modelling, the west stage configuration has the least impact on the community and is the preferred stage location. Condition 25 of the attached draft venue approval references that for Entertainment Special Events, the stage and sound system configuration shall be configured on the west of the stadium pitch at the venue. Based on the noise modelling provided in the application, this preferred stage configuration also has the least impact on residents within the City of Vincent;

3.       An acoustic consultant is required to be engaged for the purpose of monitoring sound levels during an entertainment special event, with a report provided to the Town post event demonstrating compliance with the venue approval (relating to sound levels);

1.         In support of the venue approval, the City would request the Town consider an extra condition with respect to monitoring of sound levels, to capture sound system testing and rehearsals, not just performances (as currently written) at the event;

4.       A complaint response service will be provided by the applicant and attended to at all times during a notifiable, event including sound system tests and rehearsals. This will be available to any person (including Vincent occupiers) who wishes to lodge a complaint. A report detailing the complaints received will be required to be submitted to the Town post each event for consideration; and

5.       Notification to affected occupiers of the date/s, start and finish times for an entertainment special event or motor sport event shall be publicised by the applicant not later than seven days prior to the date of said event. This will be done:

(a)      on the Optus Stadium and website;

(b)      by means of a flyer or email distributed to all occupiers (including commercial premises) affected by noise emissions as specified in the notice to ancillary conditions for the event; and

(c)      by email to the Chief Executive Officer of City of Perth, City of Belmont, City of Bayswater and City of Vincent.

In support of the venue approval, the City would request that the Town include a condition on the ‘notice to ancillary conditions’ for an entertainment special event or motor sport event to include notification of occupiers expected to receive sound levels in excess of 60dB(A).

 

It is recommended the City make a submission in support of the venue being approved under Regulation 19B, subject to the draft conditions of approval contained with Attachment 1. This submission contains proposed amendments to the venue approval which are described in dot points 3 and 5 of the discussion in this report.

Consultation/Advertising:

The Town of Victoria Park is required to seek comment on the application and draft conditions of approval, in accordance with Regulation 19B(8) before making a decision. The City of Vincent is not the decision making authority in respect to this application and is not responsible for consultation.

Legal/Policy:

This matter is to be considered in accordance with the Environmental Protection (Noise) Regulations 1997 (the Regulations).

 

Regulation 19(B)(8)(a)(iv) of the Regulations states as follows:

 

(8)      Before making a decision under sub-regulation (7) the CEO —

(a)      must give the following a reasonable opportunity to make a submission on whether or not the venue should be approved or the amendment should be made —

(iv)     the local government of each district in which noise emissions received from the venue are likely to fail to comply with the standard prescribed under regulation 7.

 

This matter is referred to Council, acting as the Local Government of the City of Vincent. There is not a delegation in place for the CEO of the City of Vincent to consider this matter.

Risk Management Implications:

Low:  It is low risk for the City to support the draft conditions of approval for Optus Stadium. The Town of Victoria Park is the decision making authority and enforcement agency in respect to the approval.

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:

Administration recommends that the City make a submission in support of the venue being approved under Regulation 19B, subject to the draft conditions of approval and proposed amendments contained within Attachment 1.

 

As WA’s premier entertainment and sports venue, the Venue Approval will provide certainty to the venue occupier as to their tenure and operations, as well as confidence to the community as to what they can expect in the management of noise from the venue.

 


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

6            Infrastucture and Environment

Nil

 


Council Briefing Agenda                                                                                     8 October 2019

7            Community and Business Services

7.1          LATE REPORT: WA Treasury Corporation Local Government Master Lending Agreement

 

 

REPORT TO BE ISSUED PRIOR TO COUNCIL BRIEFING – 8 October 2019

 

 

 

 


Council Briefing Agenda                                                                                     8 October 2019

7.2          Licence to PRIDEWA - Use of Portion of Lot 15 (No. 4) View Street, North Perth - 16 October - 2 December 2019

TRIM Ref:                  D19/144286

Authors:                   Gayatrii Surendorff, Community Partner

Karen Balm, Senior Community Partner

Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                John Corbellini, A/Executive Director Community and Business Services

Attachments:             1.       Plan of No. 4 View Street, North Perth  

 

Recommendation:

That Council:

1.       APPROVES a licence to PrideWA to use the portion of Lot 15 (No. 4) View Street, North Perth shown in Attachment 1 on the following key terms:

1.1     Term:                      16 October 2019 to 2 December 2019;

1.2     Licence fee:            Nil;

1.3     Permitted use:        use by local artists, volunteers, organisations and businesses to create decorations for Pride events;

1.4     Utilities:                  to be paid by PrideWA;

1.5     Repair of damage: PrideWA to repair any damage caused at its cost, to the satisfaction of the City;

1.6     Cleaning:                Pride WA to keep the premises clean and tidy at all times; and

1.7     Insurance:              PrideWA to effect and maintain public liability insurance of not less than $20 million for any claim;

2.       AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the licence in 1. above; and

3.       NOTES that Chief Executive Officer will invite expressions of interest for the short term lease (2 – 3 years) of the building on Lot 15 (No. 4) View Street, North Perth, from early 2020, from community organisations and report back to Council. 

 

Purpose of Report:

To consider licencing the use of the building on Lot 15 (No. 4) View Street, North Perth (Property) to PrideWA from 16 October to 2 December 2019.

Background:

PrideWA was formed in 1989 as a result of a community movement protesting laws that actively discriminated against members of the LGBTIQ+ community. The organisation is committed to providing the WA LGBTIQ+ community with an opportunity to continue to champion their rights and freedoms, as well as showcase their talents through art and cultural events and festivals.

 

In celebration of its 30th year as an organisation, PrideWA are seeking a suitable site to occupy from 16 October until the end of Pride month on 2 December 2019. The site will be utilised by local artists, volunteers, organisations and businesses to create decorations for:

 

·       ‘Dog-tober’ on 27 October;

·       ‘Fairday’ on 2 November;

·       ‘Pride Parade’ on 30 November; and

·       ‘Show Us Your Pride’ throughout November which will run as part of PrideFEST.

 

This work will not only engage the LGBTIQ+ community but Vincent’s wider community as well as organisations that are supportive of the LGBTIQ+ movement and efforts to eradicate discrimination against LGBTIQ+ people and creates an inclusive environment. 

 

PrideWA has a long standing reputation as an organisation that promotes and supports the arts and is evident through their annual PrideFEST activities. As part of the adoption of the 2019/20 Budget, Council included a $10,000 sponsorship for this year’s PrideFEST. In addition, the City has committed to provide in-kind support for PrideFEST, including marketing support, fee free facility hire and public health, safety and noise guidance.

Details:

On 16 September 2019 PrideWA contacted the City to request use of a vacant property or business within the City of Vincent.  The premises would be used by support groups and organisations involved in creating decorations for the numerous Pride related events. This would ensure PrideWA would be able to provide practical assistance to the community and allies in the lead up and during Pride month to ensure they have the skills, assistance and facilities required to produce their artwork.

 

The Property has been vacant since June 2019 and meets PrideWA’s requirements. The Property was previously leased by the Multicultural Services Centre of WA for the purposes of a legal centre. The Property is in a good condition consistent with its age.

 

Entry to the Property is proposed to be managed by the PrideWA Board Members. The City would maintain regular contact with PrideWA during this period and conduct site inspections to ensure that any damage caused is repaired to the City’s satisfaction.

 

As part of the adoption of Council’s financial support for PrideWA ‘Fair Day’ and ‘Show us Your Pride’, the City has committed to provide in-kind support for these activities through fee free facility hire. These activities align with the City’s Policy No. 3.10.2: Access and Equity by supporting the eliminating all forms of discrimination within the community which may prevent harmony (Clause 7 Community Development).

 

In line with the City and PrideWA’s ‘Fair Day’ and ‘Show us Your Pride’ sponsorship agreements it is recommended that a licence fee not be payable for the six and a half week licence. PrideWA will pay all utility costs incurred.

 

PrideWA has confirmed that such licence conditions are acceptable to them.

Consultation/Advertising:

Public notice of the proposed licence is not a statutory requirement as this is an exempt disposition. Due to the short term nature of the licence public notice is not proposed. 

The City will oversee PrideWA’s use of the building and ensure that the building is maintained in a clean and tidy condition and any damage repaired to the City’s satisfaction.

Legal/Policy:

Section 3.58 of the Local Government Act 1995 provides that a local government can dispose of property, which includes to lease, licence or sell, in the following ways.

 

·       auction or tender process (s.3.58(2)); or

·       public notice is provided and submissions considered (s.3.58(3)); or

 

Regulation 30 of the Local Government (Functions and General) Regulations 1996 provides that a range of dispositions are exempt from section 3.58 of the Act, including dispositions to:

 

“(b)       A body, whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions.

 

Pride WA is a not-for-profit organisation and fits within the scope of a charitable, benevolent and cultural organisation. The City can grant the licence to PrideWA without following section 3.58.

Risk Management Implications:

Low:    The proposed interim use of the Property by a community organisation is a low risk to the City.

Strategic Implications:

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

 

Connected Community

 

An arts culture flourishes and is celebrated in the City of Vincent.

 

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

 

Thriving Places

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

Our physical assets are efficiently and effectively managed and maintained.

Financial/Budget Implications:

As the property is currently vacant, there is no financial implication for the City in granting PrideWA a short term licence for no fee. Any utility costs will be paid by PrideWA.

 

 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

7.3          Investment Report as at 31 August 2019

TRIM Ref:                D19/144461

Author:                     Nirav Shah, Coordinator Financial Services

Authoriser:             John Corbellini, A/Executive Director Community and Business Services

Attachments:          1.       Investment report as at 31 August 2019  

 

Recommendation:

That Council NOTES the Investment Report for the month ended 31 August 2019 as detailed in Attachment 1.

 

Purpose of Report:

To advise Council of the nature and value of the City’s investments as at 31 August 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 31 August 2019, the total funds held in the City’s operating account (including on call) is $49,641,327, compared to $44,327,708 for the period ending 31 August 2018.

 

The total term deposit investments for the period ending 31 August 2019 is $44,977,692 compared to last year’s amount of $37,499,275. 

 

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

 

Month

2018/19

2019/20

Ended

Total funds held

Total term deposits

Total funds held

Total term deposits

July

$26,826,861

$23,990,516

$32,209,493

$26,105,854

August

$44,327,708

$37,499,275

$49,641,327

$44,977,692

September

$44,209,274

$40,651,147

 

 

October

$44,463,021

$41,180,325

 

 

November

$44,188,761

$42,678,504

 

 

December

$40,977,846

$38,667,039

 

 

January

$42,109,674

$35,225,189

 

 

February

$44,227,308

$36,178,794

 

 

March

$39,157,958

$32,739,750

 

 

April

$36,427,902

$31,019,902

 

 

May

$33,384,520

$29,469,158

 

 

June

$30,503,765

$25,613,648

 

 

 

 

Total accrued interest earned on investments as at 31 August 2019 is:

 

 

Annual Budget

YTD

Budget

YTD

Actual

% of YTD Budget

Municipal

$420,000

$70,000

$43,393

61.37%

Reserve

$278,688

$46,448

$50,480

108.68%

Sub-total

$646,060

$116,448

$93,873

80.61%

 

Leederville Gardens Inc. Surplus Trust*

$0

$0

$20,903

N/A

 

*Interest estimates for Leederville Gardens Inc. Surplus Trust were not included in the 2019/20 Budget as actual interest earned is held in trust that is restricted.

 

The City has obtained a weighted average interest rate of 1.95% for current investments including the operating account and 2.04% excluding the operating account. The Reserve Bank 90 days accepted bill rate for August 2019 is 0.98%.

 

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 31 August 2019, 16.14% of the City’s investments are held in financial institutions considered to be investing in non-fossil fuel related activities.

 

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%

28.8%

30%

Nil

90%

64.6%

A1

25%

0%

30%

Nil

80%

0%

A2

20%

19.3%

n/a

Nil

60%

35.4%

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.

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                                                                                       8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

7.4          Authorisation of Expenditure for the Period 1 September 2019 to 23 September 2019

TRIM Ref:                D19/145660

Author:                     Nikki Hirrill, Accounts Payable Officer

Authoriser:             John Corbellini, A/Executive Director Community and Business Services

Attachments:          1.       Payments by EFT, BPAY and Payroll September 19

2.       Payments by Cheque September 19

3.       Payments by Direct Debit September 19  

 

Recommendation:

That Council RECEIVES the list of accounts paid under delegated authority for the period 1 September 2019 to 23 September 2019 as detailed in Attachments 1, 2 and 3 as summarised below:

 

EFT and BPAY payments, including payroll

 

$6,690,061.06

Cheques

 

$2,048.95

Direct debits, including credit cards

 

$231,232.89

 

 

 

Total payments for September 2019

 

$6,923,342.90

 

 

 

 

Purpose of Report:

To present to Council the expenditure and list of accounts paid for the period 1 September 2019 to 23 September 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 September 2019 to 23 September 2019, covers the following:

 

FUND

CHEQUE NUMBERS/

BATCH NUMBER

AMOUNT

Municipal Account (Attachment 1, 2 and 3)

 

EFT and BPAY Payments

2453 - 2465

$5,449,861.95

Payroll by Direct Credit

September 2019

$1,240,199.11

Sub Total

 

$6,690,061.06

 

 

 

Cheques

 

 

Cheques

82537 - 82542

$2,048.95

 

 

 

Sub Total

 

$2,048.95

 

 

Direct Debits, including credit cards

 

 

Lease Fees

 

$385.00

Loan Repayments

$150,004.14

Bank Charges – CBA

 

$74,555.28

Credit Cards

 

$6,288.47

Sub Total

 

$231,232.89

 

 

 

Total Payments

 

$6,923,342.90

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                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

7.5          Financial Statements as at 31 August 2019

TRIM Ref:                  D19/146331

Author:                     Nirav Shah, Coordinator Financial Services

Authoriser:                John Corbellini, A/Executive Director Community and Business Services

Attachments:             1.       Financial Statements as at 31 August 2019  

 

Recommendation:

That Council RECEIVES the financial statements for the month ended 31 August 2019 as shown in Attachment 1.

Purpose of Report:

To present the statement of financial activity for the period ended 31 August 2019.

Background:

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

Details:

The following documents, included as Attachment 1, comprise the statement of financial activity for the period ending 31 August 2019:

 

Note

Description

Page

 

 

 

1.

Statement of Financial Activity by Program Report and Graph

1-3

2.

Statement of Comprehensive Income by Nature or Type Report

4

3.

Net Current Funding Position

5

4.

Summary of Income and Expenditure by Service Areas

6-56

5.

Capital Expenditure and Funding and Capital Works Schedule

57-62

6.

Cash Backed Reserves

63

7.

Rating Information and Graph

64-65

8.

Debtors Report

66

9.

Beatty Park Leisure Centre Financial Position

67

 

Comments on the Statement of Financial Activity (as at Attachment 1):

 

Operating revenue is reported separately by ‘Program’ and ‘Nature or Type’ respectively. The significant difference between the two reports is that operating revenue by ‘Program’ includes ‘Profit on sale of assets’ and the report for ‘Nature or Type’ includes ‘Rates revenue’.

 

Revenue by Program is tracking higher than the year to date budgeted revenue by $181,965 (4.4%). The following items materially contributed to this position: -

 

·       A favourable variance of $286,688 due to budget phasing for income relating to rates administration charges and instalment charges. The budget phasing will be adjusted in September 2019 (General Purpose funding); and

·       An unfavourable variance of $100,327 relating to a timing variance on the issuance of invoices relating to health licenses. Invoices have been issued in September 2019 (Health Services).

 

 

 

 

 

Revenue by Nature or Type is tracking higher than the budgeted revenue by $329,006 (0.8%). The following items materially contributed to this position: -

 

·       ‘Fees and charges’ reflect a budget to actual surplus of $162,250 due to a budget phasing variance for income relating to rates administration charges; and

·       ‘Interest earnings’ reflects a budget to actual surplus of $100,082 due a budget phasing variance for income relating to rates instalments interest charges.

 

Expenditure by Program reflects an under-spend of $1,015,545 (13.0%) compared to the year to date budget. The following items materially contributed to this position: -

 

·      A favourable variance of $385,248 mainly contributed by a timing variance relating to waste tipping costs (Community Amenities);

·      A favourable variance of $200,794 mainly contributed by a timing variance in utility charges and building maintenance works at Beatty Park (Recreation and Culture); and

·      A favourable variance of $202,721 mainly contributed by a timing variance in utility charges for street lighting and maintenance costs relating to carpark operations (Transport).

 

Expenditure by Nature or Type reflects an under-spend of $999,313 (12.8%) compared to the year to date budget. The following items materially contributed to this position: -

 

·       Materials and contracts reflects an under-spend of $701,479. This variance is largely contributed by a timing variance in works within multiple service areas; and

·       Utility charges reflects an under-spend of $133,326 due to a timing variance in the receipt of utility related invoices.

 

Opening Surplus Bought Forward – 2019/20

 

The provisional surplus position brought forward to 2019/20 is $7,857,741 compared to the adopted budget surplus amount of $5,929,991. The actual opening surplus figure will be adjusted once the end of year audit has been finalised.  

 

Content of Statement of Financial Activity

 

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

 

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

 

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

 

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

 

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

 

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

‘Net current assets’ is the difference between the current assets and current liabilities; less committed assets and restricted assets.

 

4.         Summary of Income and Expenditure by Service Areas (Note 4 Page 6 – 56)

 

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

 

5.         Capital Expenditure and Funding Summary (Note 5 Page 57 - 62)

 

The full capital works program is listed in detail in Note 5 of Attachment 1.

 

 

 

6.         Cash Backed Reserves (Note 6 Page 63)

 

The cash backed reserves schedule provides a detailed summary of the movements in the reserves portfolio, including transfers to and from the reserve. The balance as at 31 August 2019 is $12,944,697.

 

7.         Rating Information (Note 7 Page 64 – 65)

 

The notices for rates and charges levied for 2019/20 were issued on 19 July 2019.

 

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

 

First Instalment

26 August 2019

Second Instalment

29 October 2019

Third Instalment

07 January 2020

Fourth Instalment

10 March 2020

 

Total rates collected, as at 31 August 2019 is $19,392,557. Furthermore, the outstanding rates debtors balance as at 31 August 2019 is $18,492,342 including deferred rates ($116,936).

 

8.         Receivables (Note 8 Page 66)

 

Trade receivables outstanding as at 31 August 2019 is $2,546,051 of which $2,029,536 has been outstanding for over 90 days.

 

Administration has been regularly following up all outstanding items by issuing reminders when they are overdue and subsequently initiating a formal debt collection process when payments remain outstanding for long periods of time.

 

Below is a summary of the significant items that have been outstanding for over 90 days:

 

·        $1,701,452 (83.8%) relates to unpaid infringements (plus costs) over 90 days. Infringements that remain unpaid for more than two months are sent to the Fines Enforcement Registry (FER), which then collects the outstanding balance on behalf of the City for a fee.

 

Due to the aged nature of some of the unpaid infringements, the provision for doubtful debts has been increased this year and an amount of $1,066,403 has been transferred to long term infringement debtors (non-current portion).

 

Please note the provision amounts are subject to change once the audited financials are approved as Administration has calculated the realistic probability of recovering the long outstanding monies owed to the City. This exercise is in accordance to the requirements outlined in Australian Accounting Standards Board 9 Financial instruments.

 

·        $199,472 (9.8%) relates to cash in lieu of car parking debtors. In accordance with the City’s Policy 7.7.1 Non-residential parking, Administration has entered into special payment arrangements with long outstanding cash in lieu parking debtors to enable them to pay over a fixed term of five years.

 

9.         Beatty Park Leisure Centre – Financial Position report (Note 9 Page 67)

 

As at 31 August 2019, the operating surplus for the centre is $121,624 compared to the year to date budgeted deficit amount of $67,411.

 

10.       Explanation of Material Variances (Note 4 Page 6 - 55)

 

The materiality thresholds used for reporting variances are 10% and/or $20,000 respectively. This means that variances will be analysed and separately reported when they are more than 10% (+/-) of the year to date budget or where that variance exceeds $20,000 (+/-). This threshold was adopted by Council as part of the budget adoption for 2019/20 and is used in the preparation of the statements of financial activity when highlighting material variance in accordance with Financial Management Regulation 34(1) (d).

 

In accordance to the above, all material variances as at 31 August 2019 have been detailed in the variance comments report in Attachment 1.

Consultation/Advertising:

Not applicable.

Legal/Policy:

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

 

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

 

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

 

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

 

Risk Management Implications:

Low:    Provision of monthly financial reports to Council fulfils relevant statutory requirements and is consistent with good financial governance.

Strategic Implications:

Reporting on the City’s financial position is aligned 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:

Not applicable.

 


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

8            Chief Executive Officer

8.1          Revocation of Power of Attorney and granting of new Power of Attorney to subdivide and sell land within the Tamala Park Regional Council

TRIM Ref:                  D19/131477

Author:                     Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Draft Power of Attorney - Confidential  

2.       Tamala Park Regional Council letter dated 16 September 2019 - Confidential   

 

Recommendation:

That Council:

1.       REVOKES BY AN ABSOLUTE MAJORITY the Power of Attorney dated 12 July 2012, Landgate registration number M35079, which appointed John Anthony Arias, Chief Executive Officer of Tamala Park Regional Council, as the City’s attorney in respect to the signing of Tamala Park Regional Council land dealings;

2.       REVOKES BY AN ABSOLUTE MAJORITY the Power of Attorney dated 13 September 2013, Landgate registration number M402568, which appointed the following persons as the City’s attorney in respect to the signing of Tamala Park Regional Council land dealings:

·           John Anthony Arias, Chief Executive Officer, Tamala Park Regional Council;

·           Wayne Patrick Burns, Senior Project Officer, Tamala Park Regional Council;

·           Jason Richard Buckley, Chief Executive Officer, Town of Cambridge;

·           Garry George Hunt, Chief Executive Officer, City of Joondalup;

·           Gary John Stevenson, Chief Executive Officer, City of Perth;

·           Stuart Jardine, Chief Executive Officer, City of Stirling;

·           Athansios Kyron, Chief Executive Officer, Town of Victoria Park;

·           John Giorgi, Chief Executive Officer, City of Vincent; and

·           Daniel John Simms, Chief Executive Officer, City of Wanneroo.

 

3.       APPOINTS BY AN ABSOLUTE MAJORITY the following persons as the City’s attorney in respect to the subdivision, sale and development of any parts of Lots 9001, 9501 and 9511 on Deposited Plan 73462, as detailed in the Power of Attorney document at Attachment 1;

The employees of the:

 

·           Tamala Park Regional Council;

·           Town of Cambridge;

·           City of Joondalup;

·           City of Perth;

·           City of Stirling;

·           Town of Victoria Park;

·           City of Wanneroo; and

·           City of Vincent;

 

who from time to time occupy a position which includes the words “chief executive officer” or “acting chief executive officer”; and

 

4.       AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the Revocation of Power of Attorney and Power of Attorney documents in Recommendations 1., 2., and 3. above.

 

Purpose of Report:

To consider replacing the 2012 and 2013 power of attorneys (POAs) for the Tamala Park Regional Council (TPRC) land with a power of attorney which refers to the positions of the attorney (TPRC Chief Executive Officer and the member local government’s Chief Executive Officers), rather than the named persons currently in these positions.

Background:

The City is owner in fee simple of a 1/12 share of lots 9001, 9501 and 9511 on Deposited Plan 73462 (Land). The sale and development of the Land is governed by the TPRC Establishment Agreement, which was approved by the Minister for Local Government on 24 January 2006. Clause 4 of the Establishment Agreement provides that the TPRC is permitted to undertake the rezoning, subdivision, development, marketing and sale of the Land.

 

At its 27 September 2011 Meeting (Item 9.4.5) Council approved the appointment of John Anthony Arias, TPRC Chief Executive Officer, as its attorney to deal with the sale and development of the Land. The POA was registered with Landgate on 12 July 2012 (reference number M35079).

 

At its 10 July 2012 Meeting (Item 9.5.5) Council subsequently approved the appointment of the TPRC Chief Executive Officer and member local government’s Chief Executive Officers jointly and severally as its attorney to deal with the sale and development of the Land. The POA was registered with Landgate on 13 September 2013 (reference number M402568).

 

The TPRC resolved at its 15 August 2019 meeting that the current POAs be revoked and replaced with a new POA which allows the nominated positions to approve land dealings.  This would alleviate the need to change the POAs as personnel change. A copy of the TPRC’s letter dated 16 September 2019 is at Attachment 2.

Details:

The proposed POA grants the City’s attorney with the power to sell and deal with the Land, which includes to undertake and execute:

 

(a)      Contracts of sale (which includes without limitation the decision to sell, the selling price and the terms and conditions of sale);

(b)      Transfer of Land;

(c)      Easement;

(d)      Application for surrender or extinguishment of easement;

(f)      Caveat;

(g)      Withdrawal of Caveat;

(h)      Application for new Certificates of Title for any subdivision of land;

(i)       Application for Subdivision;

(j)       Deed of restrictive covenant;

(k)      Surrender of restrictive covenant;

(l)       Section 70A Notification;

(m)     Section 165 Notification; and

(n)      Deed of novation, deed of covenant or other deed.

 

A copy of the POA is at Attachment 1.

Consultation/Advertising:

Nil.

Legal/Policy:

The TPRC Establishment Agreement sets out the requirements for selling and developing the Land.

Risk Management Implications:

Low:  The proposed POA has the same effect as the current POAs in terms of the powers that may be exercised by the City’s attorney in respect to the sale and development of the Land.

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.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The TPRC is responsible for the costs associated with the preparation and registration of the revocation of the POAs and new POA.

 

 


Council Briefing Agenda                                                                                     8 October 2019

8.2          Dedication of lots 889 and 890 as road - Corner Fitzgerald and Bulwer Streets, Perth and write-off of outstanding rates debt

TRIM Ref:                  D19/104108

Authors:                   Daniel Janssen, Land Projects Officer

Ronel de Lange, Senior Rates Officer

Authoriser:                Meluka Bancroft, Manager Governance, Property and Contracts

Attachments:             1.       Deposited Plan 48357 - Depicting Lots 889 and 890 to be acquired and dedicated

2.       Subdivision approval No.128002

3.       Aerial plan of lots  

 

Recommendation:

That Council:

1.       REQUESTS the Minister for Lands to acquire Lot 889 (No. 264) Fitzgerald Street, Perth as highlighted orange in Attachment 1, pursuant to Section 52(1)(b) of the Land Administration Act 1997, subject to the City:

1.1     notifying the owner of Lot 889;

1.2     notifying the adjoining landowners;

1.3     advertising its intention to acquire Lot 889 as a road in the local paper;

1.4     considering and responding to any submissions received; and

1.5     referring the proposed acquisition to the Department of Planning for comment;

2.       REQUESTS the Minister for Lands to acquire Lot 890 (No. 317) Bulwer Street, Perth as highlighted green in Attachment 1, pursuant to Section 52(1)(b) of the Land Administration Act 1997, subject to the City:

2.1     notifying the owner of Lot 890;

2.2     notifying the adjoining landowners;

2.3     advertising its intention to acquire Lot 890 as a road in the local paper;

2.4     considering and responding to any submissions received; and

2.5     referring the proposed acquisition to the Department of Planning for comment;

3.       REQUESTS the Minister for Lands to dedicate as a road, pursuant to section 56(1)(a) of the Land Administration Act 1997, the lots acquired in accordance with recommendations 1. and 2. above, to become part of the Fitzgerald and Bulwer street road reserves;

4.       APPROVES the write off the outstanding rates and charges for Lot 889 (No. 264) Fitzgerald Street, Perth, to the value of $5,591.01; and

5.       APPROVES the write off the outstanding rates and charges for Lot 890 (No. 317) Bulwer Street, Perth, to the value of $5,593.28.

 

Purpose of Report:

To consider the acquisition and dedication as road of lot 889 Fitzgerald Street and lot 890 Bulwer Street (subject lots), pursuant to sections 52(1)(b) and 56(1)(a) of the Land Administration Act 1997 (LAA), in order to resolve the outstanding rates and land ownership issues.

Background:

The subject lots are owned by Interwest Pty Ltd. Both lots were created during the amalgamation by Interwest Pty Ltd of a number of properties on the south west corner of Bulwer and Fitzgerald Streets, Perth. The subject lots were formed to satisfy condition 8 of the Western Australian Planning Commission’s subdivision approval No.128002 dated 7 July 2005 (Attachment 2). The subject lots currently comprise a portion of the footpaths adjacent to Bulwer Street and the crossover from Fitzgerald Street to the property at 315 Bulwer Street, as shown in the plan at Attachment 3.

 

As the owner of the subject lots Interwest Pty Ltd is liable to pay rates. The lots are each charged the minimum rate, which in 2018/19 was $1,180. The minimum rate is payable for each lot, as they are separate lots. Interwest Pty Ltd has not paid the rates for the subject lots since 2 March 2016.

 

Administration has attempted to recover the outstanding rates in accordance with the City’s Policy 1.2.13 – Recovery of Debts, Rates and Service Charges. This has included the following action:

 

·       Payment demand letters issued by CS Legal on 4 December 2016 and 9 November 2017;

·       Phone call and email to Interwest Pty Ltd. on 10 January 2018 and 9 February 2018 to demand payment and explain further legal action; and

·       Final notices issued on 10 October 2016, 24 September 2018 and 16 September 2019.

 

On 14 February 2018, the City identified that Interwest Pty Ltd is deregistered. This means that recovery of outstanding rates from the company is no longer possible. ASIC confirmed that Interwest Pty Ltd was deregistered on 16 October 2016.

 

As at 15 October 2019 the outstanding rates balance is:

 

Lot 889 on Plan 48357              $5,591.01

Lot 890 on Plan 48357              $5,593.28

Details:

There are two options available to the City to resolve the outstanding rates and land ownership issues:

 

1.         Commence court proceedings pursuant to section 6.56 of the Local Government Act 1995 (LGA), or

2.         Take possession of the land.

 

Commencing court proceedings is not a viable option as Interwest Pty Ltd is deregistered.

 

The City has the following options to take possession of the land under the LGA:

 

·       sell the land (s.6.64(1)(b)),

·       transfer the land to the Crown (s.6.64(1)(c)), or

·       transfer the land to itself (s.6.64 (1)(d)).

 

Under Section 6.68 of the LGA, the City can force the sale of land in the interest of reclaiming rates debts after 3 years of unpaid fees. This process is considered inappropriate due to the legal costs associated with taking possession, sales costs, and low expected interest in the lots.

 

Administration recommends that the City request the Minister for Lands to acquire, and then dedicate as road the subject lots, pursuant to sections 52 and 56 of the LAA.

Consultation/Advertising:

In accordance with section 52 of the LAA and Regulation 6 of the Land Administration Regulations 1998 the City must make a request to the Minister for Lands, which includes:

 

·       Written confirmation the Council has resolved to make the request (Regulation 6(1)(a));

·       A statement outlining the reason for the proposed acquisition, which is that the acquisition of lots 889 and 890 are to resolve the outstanding rates and ownership issues (Regulation 6(1)(b));

·       A sketch indicating the land to be acquired (Attachment 1)(Regulation 6(1)(c));

·       Letters to notify landowners, adjoining landowners and utility providers, requesting submissions and comments on the proposed acquisition (Regulation 6(1)(d));

·       Public notification including an article on the City’s website, and notices in local newspapers and on the City’s notification boards; and

·       A summary of submissions received and considered, including responses from Administration (Regulation 6(1)(e)).

 

The request for dedication of the lots will require the following:

 

·       Written confirmation the Council has resolved to make the request (Regulation 8(a));

·       A summary of submissions received and considered, including responses from Administration (Regulation 8(d)); and

·       Any other information that Administration considers relevant for the Minister to consider (Regulation 8(e)).

Legal/Policy:

Land Administration Act 1997

 

52.     Local government may ask the Minister to acquire as Crown land certain land in district

 

(1)      Subject to this section, a local government may request the Minister to acquire as Crown land –

 

(b)      any private road;

 

                   within the district of the local government (in this section called the subject land).

 

(2)      A request made under subsection (1) is to be accompanied by –

 

(a)      a plan of survey or sketch plan –

         

(i)       showing the subject land; and

(ii)      approved by the Planning Commission;

 

and

 

copies of all objections lodged with the local government during the period referred to in subsection (3)(b)(i).

 

(3)      Before making a request under subsection (1), a local government must –

 

(a)      take all reasonable steps to give notice of that request to —

 

(i)      the holder of the freehold in the subject land unless the local government holds that freehold; and

(ii)      the holders of the freehold in land adjoining the subject land unless the local government holds that freehold; and

(iii)     all suppliers of public utility services to the subject land;

 

and

 

(b)      in the case of —

 

(i)      alienated land referred to in subsection (1)(a) or a private road referred to in subsection (1)(b), state in the notice a period of not less than 30 days from the day of that notice during which period persons may lodge objections with it against the making of that request; or

(ii)      any land referred to in subsection (1)(c), advertise or take such steps as may be prescribed to notify interested persons of an intention to make the request and state in the notification a period of not less than 30 days from the day of that notification during which period persons may lodge objections with it against the making of that request.

 

(4)      The Minister may, on receiving a request made under subsection (1), the accompanying plan of survey or sketch plan referred to in subsection (2)(a) and copies of all objections referred to in subsection (2)(b) —

 

(a)      by order grant that request; or

 

(b)      direct the local government to reconsider that request, having regard to such matters as he or she thinks fit to mention in that direction; or

 

(c)      refuse to grant that request.

 

(5)      On the registration of an order made under subsection (4)(a), the subject land —

 

(a)      ceases to belong to the holder of its freehold; and

 

(b)      is freed from all encumbrances; and

 

(c)      becomes Crown land.

 

56.     Dedication of land as road

 

(1)      If in the district of a local government –

 

(a)      land is reserved or acquired for use by the public, or is used by the public, as a road under the care, control and management of the local government; or

 

(b)      in the case of land comprising a private road constructed and maintained to the satisfaction of the local government —

 

(i)      the holder of the freehold in that land applies to the local government, requesting it to do so; or

(ii)      those holders of the freehold in rateable land abutting the private road, the aggregate of the rateable value of whose land is greater than one half of the rateable value of all the rateable land abutting the private road, apply to the local government, requesting it to do so; or

 

(c)      land comprises a private road of which the public has had uninterrupted use for a period of not less than 10 years, and that land is described in a plan of survey, sketch plan or document, the local government may request the Minister to dedicate that land as a road.

 

(2)      If a local government resolves to make a request under subsection (1), it must —

 

(a)      in accordance with the regulations prepare and deliver the request to the Minister; and

 

(b)      provide the Minister with sufficient information in a plan of survey, sketch plan or document to describe the dimensions of the proposed road.

 

(3)      On receiving a request delivered to him or her under subsection (2), the Minister must consider the request and may then —

 

(a)      subject to subsection (5), by order grant the request; or

 

(b)      direct the relevant local government to reconsider the request, having regard to such matters as he or she thinks fit to mention in that direction; or

 

(c)      refuse the request.

 

(4)      On the Minister granting a request under subsection (3), the relevant local government is liable to indemnify the Minister against any claim for compensation (not being a claim for compensation in respect of land referred to in subsection (6)) in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

 

(5)      To be dedicated under subsection (3)(a), land must immediately before the time of dedication be —

 

(a)      unallocated Crown land or, in the case of a private road, alienated land; and

 

(b)     designated in the relevant plan of survey, sketch plan or document as having the purpose of a road.

 

(6)      If land referred to in subsection (1)(b) or (c) is dedicated under subsection (3)(a), a person with an interest in that land (including a person who has the benefit of an easement created under section 167A of the TLA) is not entitled to compensation because of that dedication.

Risk Management Implications:

Low:         The proposed acquisition and dedication will resolve the rating issue and formalise ownership of the lots, which currently comprise footpath and a crossover.

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

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Administration will write off the accumulated rates and charges against the subject lots. The value to be written off as of 15 October 2019 is:

 

Lot 889 on Plan 48357              $5,591.01

Lot 890 on Plan 48357              $5,593.28

 

 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019


 


 


 


 


 


Council Briefing Agenda                                                                                                      8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

8.3          Grant of section 91 licence to the City of Vincent - Summers Street Carpark and access road

TRIM Ref:                  D19/112615

Author:                     Daniel Janssen, Land Projects Officer

Authoriser:                Meluka Bancroft, Manager Governance, Property and Contracts

Attachments:             1.       Aerial plan of licence area

2.       Plan showing land tenure and proposed carpark works

3.       Extract from Banks Reserve Master Plan Report  

 

Recommendation:

That Council:

1.       APPROVES the City entering into a licence with the Minister for Lands pursuant to section 91 of the Land Administration Act 1997, to allow the City to use the land comprising the carpark and access road located at the end of Summers Street, East Perth, as shown in the plan at Attachment 1, on the following key terms:

1.1      Term:                           Six months;

1.2      Permitted Use:             Maintenance and upgrade of the carpark and accessway;

1.3      Commencement:         To be determined with the Department of Planning, Lands and Heritage once all required approvals and permits are obtained;

1.4      Licence Fee:                $500.00 (plus GST);

1.5      Indemnity:                   Indemnify the Minister for Lands against any native title liability that may arise as a result of the City causing damage to the land outside the scope of the approved works;

1.6      Native Title Liability:   The City is not liable for any compensation payable by the State of Western Australia as a result of the settlement of the South West Native Title claim; and

2.       Subject to final satisfactory negotiations being carried out by the Chief Executive Officer, AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the Licence in Recommendaiton 1. above.

 

Purpose of Report:

To consider entering into a licence under section 91 of the Land Administration Act 1997 to enable the City to upgrade the carpark and access road located at the end of Summer Street, East Perth, adjacent to Banks Reserve (Carpark) as part of the adopted Banks Reserve Master Plan.

Background:

The carpark and access way was constructed by the City of Perth prior to the formation of the City of Vincent. The carpark and access road comprises the following lots, as shown in the plan at Attachment 2:

 

·      Unallocated Crown Land (pin No. 145086);

·      Lot 1025 on Plan 189714, owned by the State of Western Australia, comprises an ATCO Gas main line, and is encumbered by an easement in favour of ATCO Gas; and

·      Lot 8428 on Plan 210962, owned by Electricity Networks Corporation (Western Power).

 

The Carpark is in a poor condition, with pot holes and prone to flooding from inadequate drainage.

 

At the Ordinary Meeting of Council on 5 March 2019, Council adopted the Banks Reserve Master Plan. The upgrade of the Carpark was included in the scope of the Master Plan. A summary of the Master Plan implementation is at Attachment 3. Council has allocated $120,000 in the 2019/20 budget for the upgrade of the Carpark, which will address the ongoing drainage issue.

 

In order for the City to undertake these works the City requires approval from the owners of the lots (State of Western Australia and Western Power), and development approval under Part 4 of the Swan and Canning Rivers Management Regulations 2007 from the Department of Biodiversity, Conservation and Attractions (DBCA), as the Carpark is within the Swan and Canning Rivers Management Act 2006 development control area.

Details:

Tenure cannot be granted in respect to the Unallocated Crown Land due to the ongoing South West Native Title Settlement. The Department of Planning, Lands and Heritage (DPLH) has instead offered to grant the City a licence pursuant to section 91 of the Land Administration Act 1997 to enable the City to undertake the works. A licence term of 6 months is proposed as the estimated construction period is 3 months. DPLH has requested a licence fee of $500 to cover their administrative costs associated with negotiating and drafting this licence.

 

Administration is seeking permission from Western Power to upgrade the portion of the carpark that encroaches into Lot 8428.

 

Administration is also liaising with ATCO Gas in respect to the gas main line. 

Consultation/Advertising:

The following consultation is required:

 

·              Finalisation of licence terms with DPLH;

·              Apply for approval from the DBCA to undertake the works;

·              Seek approval from Western Power in respect to the works encroaching into Lot 8428; and

·              Liaise with ATCO Gas to ensure the protection of the gas main line during the upgrade works.

Legal/Policy:

Land Administration Act 1997

 

Section 91.   Licences and profits a prendre over Crown land, grant of

 

          (1)      The Minister may grant a licence or profit a prendre in respect of Crown land for any purpose.c

          (2)      The Minister may –

 

                   (a)      fix or extend the duration of; or

                   (b)      determine fees and conditions in respect of; or

                   (c)      review; or

                   (d)     with the consent of its holder, amend the provisions of,

 

(7)      The operation of this section is affected by the Land Administration (South West Native Title Settlement) Act 2016 Part 4.

 

Native Title Act 1993

 

Section 24LA         Low impact future acts

 

          (1)      This Subdivision applies to a future act in relation to particular land or waters if:

                  

(a)      the act takes place before, and does not continue after, an approved determination of native title is made in relation to the land or waters, if the determination is that native title exists; and

                   (b)     the act does not consist of, authorise or otherwise involve:

                            (i)       the grant of freehold estate in any of the land or waters; or

                            (ii)      the grant of a lease over any of the land or waters; or

                            (iii)     the conferral of a right of exclusive possession over any of the land or waters; or

                            (iv)     the excavation or clearing of any of the land or waters; or

                            (v)      mining (other than fossicking using hand-held implements); or

(vi)     the construction or placing on the land, or in the waters, of any building, structure, or other thing (other than fencing or a gate), that is a fixture; or

(vii)    the disposal or storing, on the land or in the waters, of any garbage or any poisonous, toxic or hazardous substance.

                  

          Exclusion for public health or safety etc.

 

          (2)      Subparagraph (1)(b)(iv) does not apply to:

 

(a)      excavation or clearing that is reasonably necessary for the protection of public health or public safety; or

(b)      tree lopping, clearing of noxious or introduced animal or plant species, foreshore reclamation, regeneration or environmental assessment or protection activities.

Risk Management Implications:

Medium       The proposed licence will allow the City to undertake the Carpark upgrade works in accordance with the Banks Reserve Master Plan. The proposed works fall within the scope of section 24LA(2)(b)(iv) of the Native Title Act 1993, as they would return the carpark to working condition and remedy the existing drainage issues, and therefore they are permitted under the public health and safety exemption. If the City causes further damage to the land while undertaking these works the City may be liable to pay compensation, as the land is subject to the South West Native Title Settlement.

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.

 

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:

Expenditure of $120,000 is budgeted for in 2019/20 for the upgrade of the Carpark to a safe and trafficable condition. A licence fee of $500 would be payable to cover DPLH’s administrative costs associated with this licence.

 

 

 


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                     8 October 2019

8.4          Information Bulletin

TRIM Ref:                  D19/126476

Author:                     Sharron Kent, Governance and Council Liaison Officer

Authoriser:                David MacLennan, Chief Executive Officer

Attachments:             1.       Minutes of Mindarie Regional Council Meeting held on 4 July 2019

2.       Confirmed Minutes of the Design Review Panel Meeting held on 4 September 2019

3.       Statistics for Development Applications as at September 2019

4.       Register of Legal Action and Prosecutions Monthly - Confidential  

5.       Register of State Administrative Tribunal (SAT) Appeals – Progress Report as at 26 September 2019

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

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

8.       Register of Petitions - Progress Report - October 2019

9.       Register of Notices of Motion - Progress Report - October 2019

10.     Register of Reports to be Actioned - Progress Report - October 2019

11.     Unconfirmed Minutes of the Urban Mobility Advisory Group held on 19 August 2019

12.     Unconfirmed Minutes of the Environmental Advisory Group held on 19 August 2019  

 

Recommendation:

That Council RECEIVES the Information Bulletin dated October 2019.

 

 

 


Council Briefing Agenda                                                                                       8 October 2019

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Council Briefing Agenda                                                                                       8 October 2019

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