Agenda of Council Briefing

Council Briefing Agenda 31 March 2020

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.

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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).

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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.

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Council Briefing Agenda 31 March 2020

5 Strategy & Development

5.1 No. 122 (Lot: 123; D/P: 2861) Vincent Street, North Perth - Change of Use to Unlisted Use (Short Term Dwelling) and Single House

Ward: South

Attachments: 1. Consultation and Location Map ⇩

2. Development Plans ⇩

3. Management Plan and Code of Conduct ⇩

4. Determination Advice Notes ⇩

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the Change of Use to Unlisted Use (Short Term Dwelling) and Single House at No. 122 (Lot: 123; D/P: 2861) Vincent Street, North Perth, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 4:

1. Use of Premises

1.1 This approval relates to a Change of Use to Unlisted Use (Short Term Dwelling) and Single House as shown on the plan dated 10 January 2020. It does not relate to any other development on the site;

1.2 The Short Term Dwelling shall only be used in accordance with its definition in the City’s Policy No. 7.4.5 – Temporary Accommodation as follows:

“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.”; and

1.3 The Short Term Dwelling shall only operate within the marked area identified as ‘indicates guest accommodation’ as shown on the approved plan;

2. Operation of Use

2.1 The Short Term Dwelling shall operate in accordance with the Management Plan dated 12 March 2020, to the satisfaction of the City;

2.2 The Short Term Dwelling use shall operate for no more than 9 months within a 12 month period to the satisfaction of the City;

2.3 The applicant shall notify the City in writing confirming the dates the site has been used for the purpose of Short Term Dwelling every three months upon commencement of the use;

2.4 The maximum number of guests accommodated within the Short Term Dwelling shall be no more than four (4) persons;

2.5 The minimum length of stay for guest(s) shall be two nights;

2.6 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 to the dwelling, to the satisfaction of the City; and

2.7 No residential parking permits shall be made available to or advertised for use by guests of the Short Term Dwelling;

3. Time Limited Approval

This approval is granted for a term of 12 months from the date the use commences.

Purpose of Report:

To consider an application for development approval for a change of use to Unlisted Use (Short Term Dwelling) and Single House at No. 122 Vincent Street, North Perth (subject site).

PROPOSAL:

The application proposes a change of use for a portion of an existing Single House to Unlisted Use (Short Term Dwelling). Details of the application include:

· A portion of the dwelling at the front of the property would be utilised for short term dwelling. The remainder of the dwelling to the rear is to remain as a single house and primary residence for the owners of the property;

· Guests would be restricted to occupying the front portion of the dwelling accessed from the front verandah to the Vincent Street frontage. This portion of the dwelling includes a lounge with kitchenette, bathroom, two bedrooms and use of the front garden. The owners would continue to occupy the remainder of the dwelling that includes a bedroom, kitchen, living room, dining room, as well as outdoor living area and garage to the rear of the property;

· A maximum of four guests are proposed to stay in the short term dwelling at any one time for a minimum two night stay and a maximum of three months;

· The short term dwelling would be available for use for a maximum of nine months within a one year period;

· No parking is provided on site for use by short term dwelling guests. The double garage to the rear of the dwelling is to be used by the owners of the property, associated with the occupation of the single house; and

· No changes are proposed to the physical appearance of the building and the presentation of the dwelling to the street remains as existing.

The proposed development plan for the site is included as Attachment 2. The applicant has also provided a Management Plan and Code of Conduct in accordance with the City’s Policy 7.4.5 – Temporary Accommodation (Temporary Accommodation Policy). These are included as Attachment 3.

BaCkground:

Landowner:	Chris and Deborah Oakley
Applicant:	Chris and Deborah Oakley
Date of Application:	13 January 2020
Zoning:	MRS: Urban LPS2: Residential R Code: R40
Built Form Area:	Residential
Existing Land Use:	Single Dwelling
Proposed Use Class:	Unlisted Use (Short Term Dwelling)
Lot Area:	458m²
Right of Way (ROW):	4.0m ROW – City of Vincent owned
Heritage List:	Not applicable

The subject site is zoned Residential R40 under the City of Vincent Local Planning Scheme No. 2 (LPS2) and is located within the Residential Built Form Area under the City’s Policy No. 7.1.1 – Built Form.

The subject site is bound by Vincent Street to the south, a ROW to the north and single storey dwellings to the east and west. The surrounding properties are also zoned Residential R40. Hyde Park is located on the southern side of Vincent Street directly in front of the subject site. A location plan is included as Attachment 1.

The subject site and surrounding properties are affected by Clause 26(2) LPS2, which permits only two dwellings per lot. Clause 26(2) does not have implications on this proposal.

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) and Policy No. 7.7.1 – Non-Residential Development Parking Requirements (Non‑Residential Parking Policy). In the instance where the proposal seeks the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section further in this report.

Planning Element	Use Permissibility/ Deemed-to-Comply	Requires the Discretion of Council
Land Use		ü
Parking & Access		ü
Management Plan		ü

Detailed Assessment

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

Land Use
Deemed-to-Comply Standard	Proposal
Local Planning Scheme No.2 (LPS2) “P” Use	Unlisted Use (Short Term Dwelling)
Management Plan
Deemed-to-Comply Standard	Proposal
Policy No. 7.4.5 – Temporary Accommodation A Management Plan detailing the management and operation of the Short Term Dwelling	A Management Plan is provided as Attachment 3.
Parking
Deemed-to-Comply Standard	Proposal
Policy No. 7.7.1 – Non Residential Parking Requirements The Non-Residential Parking Policy does not specify a deemed-to-comply car parking standard for Short Term Dwellings.	No on-site parking bays are provided for guests of the Short Term Dwelling.

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

Consultation/Advertising:

The application was advertised in accordance with the City’s Policy No. 4.1.5 – Community Consultation for a 21 day period from 8 February 2020 to 29 February 2020. The method of consultation being a sign placed on site, a notice in the local newspaper and nine letters being mailed to all owners and occupiers of the properties adjoining the subject site, as per Attachment 1.

The City did not receive any submissions in relation to the proposal.

Design Review Panel (DRP):

Referred to DRP: No

The application did not require referral to the Design Review Panel as no external works are proposed.

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 1;

· Policy No. 4.1.5 – Community Consultation;

· Policy No. 7.1.1 – Built Form Policy;

· Policy No. 7.4.5 – Temporary Accommodation; 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 (LPS2)

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.

Temporary Accommodation Policy Review

The City is currently undertaking a review of the Temporary Accommodation Policy, with a view to aligning it more closely with LPS2, the Planning and Development (Local Planning Schemes) Regulations 2015 and recent State Administrative Tribunal (SAT) decisions on short term accommodation proposals. It is intended that a draft revised policy will be presented to an upcoming Ordinary Meeting of Council to be adopted for the purposes of advertising and to initiate an amendment to LPS2.

The development has not been assessed against the proposed amendments to the Temporary Accommodation Policy, as the amendments are in draft form and are not considered to be ‘seriously entertained’. The application has been assessed against the current Temporary Accommodation Policy.

Delegation to Determine Applications:

The matter is referred to Council as the proposed land use is a use not listed in Table 1 of the City’s Non-Residential 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:

Land Use and Management Plan

The proposed use meets the objectives of the Residential zone of LPS2 for the following reasons:

· The subject site is situated approximately 2 kilometres from the Perth CBD, high frequency public transport networks on William Street and Fitzgerald Street approximately 450 metres west and 250 metres east respectively, tourist attractions including Hyde Park directly opposite the property, and entertainment precincts including Mount Lawley/Highgate Town Centre approximately 800 metres to the west and Perth (William Street) Town Centre approximately 800 metres to the south. The subject site is well located for the provision of temporary accommodation for these reasons and as established in the Temporary Accommodation Policy. The use of dwellings for short stay accommodation in this geographic location would contribute towards the diversity of accommodation types offered in the area.

· There are examples of other non-residential land uses operating in the area and adjacent to Hyde Park that is an attractor for visitors and activity. For the portion of Vincent Street adjacent to Hyde Park between Fitzgerald Street and William Street where the subject site is located, non-residential land uses include a consulting room (physiotherapy) at No. 150 Vincent Street, a shop (millinery) at No. 108 Vincent Street on the corner of Ethel Street, and a previous lodging house at Nos. 537-541 William Street on the corner of Vincent Street, which now operates as multiple dwellings. These sites are all also zoned Residential.

· The scale of the proposed short term dwelling is reduced as it would be limited to a maximum of four guests at any one time and would be limited to the front portion of the existing dwelling which includes two bedrooms, rather than the entirety of the property. The maximum of four guests to be accommodated would be consistent with the number of people that could reasonably be expected to be accommodated within a two bedroom residential dwelling.

· The proposed short term dwelling is for the purpose of human habitation and represents development which is intended to operate in a similar manner to a residential dwelling. As per the definition of ‘short term dwelling’ in the City’s Policy No. 7.4.5 – Temporary Accommodation, the land use “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”. Consistent with this, a maximum of four guests are intended to be accommodated within the short term dwelling at any one time, with the two owners continuing to reside in the remainder of the single house.

· An objective of the Residential zone is to provide for a range of non-residential uses that are compatible with and complementary to residential development. Guests would be restricted to using the front of the existing dwelling and would have access to the front garden of the dwelling adjacent to Vincent Street. The guests would not have access to the outdoor living area of the property, which is located to the rear of the site. This outdoor living area to the rear of the property would be restricted for use by the owners of the property only. This provides sufficient distance and separation from the front garden to the outdoor living areas of the adjoining properties to the east and west, where they are located to the rear of their respective sites. Noise generated from the use of the front garden of the subject property by guests would also be likely to not detrimentally impact the amenity of adjoining properties because of its location directly adjacent to Vincent Street. Ambient noise generated by vehicular and pedestrian traffic along Vincent Street and from visitors using Hyde Park already exists and affects the amenity of these properties. The short term dwelling use and any associated noise would therefore be acceptable and compatible with the area.

· Appropriate management of the short term dwelling would allow the use to operate without adverse impacts on the amenity of the surrounding residential area and would be compatible within its setting. The applicant’s Management Plan outlines how incidents and complaints, such as noise and antisocial behaviour would be managed to further protect the amenity of the locality. The amount of noise generated from the proposed short term dwelling is largely dependent on individual guest behaviour and that may lead to potential noise impacts on the surrounding residents. The owners of the property would be residing in the rear of the dwelling which would provide an effective mechanism to respond to and deal with any code of conduct violations promptly and to ensure management plan terms are being upheld by guests. The Management Plan and Code of Conduct also includes terms of stay that would deter guests and behaviours that would result in adverse offsite impacts to neighbouring residents. These include the following measures:

o The owners reviewing prospective guest suitability based upon their AirBnB profile and past reviews, with booking requests from guests with poor reviews refused accommodation;

o A minimum of stay of two nights;

o No parties or other social events are permitted to be held at the short term dwelling, with noise levels also to be reduced in the evening;

o The contact details of the owners including a direct 24 hour a day mobile phone number and email address would be provided to neighbouring properties located on either side of the subject site. This would provide the residents of the adjoining properties with direct access to contact the owners in the event of any issues or concerns regarding guests of the property, and would ensure that any incidents can be investigated and responded to promptly;

o Prospective guests notified that no on-site parking would be available for use; and

o The owners have the right to terminate the booking and have the guests vacate the premises at their discretion.

A condition of approval is recommended requiring the Code of Conduct to be provided to guests and to be displayed within the premises in a prominent and visible location, as well as for the Management Plan to be implemented and complied with at all times. In the event the proposed short term dwelling use was found by the City to not be operating in accordance with the conditions of approval, which includes the implementation of the Management Plan, it would be open to the City to undertake formal compliance action.

· The short term dwelling would only operate for up to nine months in a 12 month period when the owners are present and residing at the property, accounting for periods of time when the owners may be on holiday. The property owners would also undertake the necessary management and maintenance of the site.

Parking

The subject site includes an existing double garage located at the rear of the subject site which is accessed by the ROW. No on-site parking bays are provided for the use of guests, with this parking bay to be restricted for use by the owners of the single house only. The applicant has submitted details in the Management Plan regarding parking and alternative transport measures for the site which is included as Attachment 4.

In accordance with Clause 5.3.3 of the Residential Design Codes Volume 1, a minimum of one parking bay is required to be provided on site for a single dwelling. The applicant’s management plan confirms that this is available within the existing garage and would be retained for use of the owners. The property has also been issued three residential parking permits for use in Parking Permit Zone 5 and are not to be used by guests of the short term dwelling.

The Management Plan sets out that guests would be encouraged to use public transport and ride sharing services to travel to and from the premises, and states that no on-site parking would be provided. Where guests choose to utilise private vehicles, it would be their responsibility to locate appropriate off-site parking. Along Vincent Street – between Fitzgerald Street and Norfolk Street, there is approximately 60 parking bays which are restricted to three hour parking between 8:00am to 6:00pm Monday to Friday. Review of the City’s parking survey data identifies that usage of these parking spaces along Vincent Street were at 62 percent to 75 percent occupancy during the study times (being 9:00am to 8:00pm Wednesday, Friday and Saturday in 2018). This data indicates the availability of on-street parking for guests in close proximity to the subject site if it is required. Additional parking bays are also available on Norfolk and Ethel Streets that are restricted to three hour parking, and Chelmsford Road that are restricted to five hour parking. These bays varied between 19 percent to 87 percent occupancy during the 2018 study times that were from 8:00am to 6:00pm Monday to Friday. It would be guests’ responsibility to comply with parking restrictions in the area.

The Management Plan sets out alternative transport modes available to the site, including:

· The subject site is located within approximately 450 metres of two high frequency bus routes along Fitzgerald Street and William Street. Six Transperth bus routes – 19, 60, 360, 361, 362 and 960 operate along these streets and nearby the subject site;

· Pedestrian footpaths surround the subject site facilitating walkability; and

· Use of the hosts’ electric bikes, when not in use, for local transportation in the area.

The site is well serviced by alternative modes of transportation and provides opportunity for guests to utilise active transport methods. Should guests choose to use private vehicles there is also adequate parking available in the locality.

Time Limited Approval

The short term dwelling use is appropriately located given the site setting and could be operated without generating nuisance detrimental to the amenity of the surrounding properties. Administration recommends that the term of the approval should be limited to a period of 12 months from the date of commencement of the proposed use. This is sufficient time to allow the applicant to demonstrate that the use can operate and 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 12 month period. Any such application would be advertised to the surrounding owners and occupants before being determined.

Council Briefing Agenda 31 March 2020

5.2 No. 66 (Lots: 1 & 11; D/P: 5285) Lindsay Street, Perth - Proposed Six Multiple Dwellings and Two Home Offices (Amendment to Approved)

Ward: South

Attachments: 1. Location Plan ⇩

2. Previous Determination Notice and Approved Plans ⇩

3. Development Plans ⇩

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 six Multiple Dwellings and two Home Offices (Amendment to Approved) at No. 66 (Lots: 1 & 11; D/P: 5285) Lindsay Street, Perth, in accordance with the plans shown in Attachment 3 subject to the following conditions and associated determination advice notes:

1. All conditions and advice notes detailed on the development approval 5.2019.113.1 granted on 23 July 2019 continue to apply to this approval, except as follows:

1.1 Condition 2.1 is amended to read as follows:

The use of the two home offices on the ground floor level associated with Apartments 1 and 2 shall only be used in accordance with the definition of ‘Home Office’ within the City of Vincent Local Planning Scheme No. 2 as follows:

Home Office means a dwelling used by an occupier of the dwelling to carry out a home occupation if the carrying out of the occupation –

(a) is solely within the dwelling; and

(b) does not entail clients or customers travelling to and from the dwelling; and

(c) does not involve the display of a sign on the premises; and

(d) does not require any change to the external appearance of the dwelling;

1.2 Condition 2.2 is deleted; and

1.3 A new Condition 16 is imposed to read as follows:

16. Prior to the approval of the building permit, amended plans shall be submitted which demonstrate that the fire hydrant booster doors and raised planter boxes are fully contained within the subject site and not within the road reserve, to the satisfaction of the City.

Purpose of Report:

To consider an application for development approval for an amendment to the previous approval for six Multiple Dwellings and Home Office at No. 66 Lindsay Street, Perth (the subject site).

PROPOSAL:

The current application proposes to make the following amendments to the previously approved development plans, including:

· Increasing the number of home offices on the ground floor level from one to two. The new home office is proposed to be associated with Apartment 2 via a new internal staircase;

· Reducing the dimensions of Apartment 2 bedroom 3 from 3.0 metres by 3.0 metres to 2.7 metres by 2.7 metres;

· Relocating the Apartment 3 storeroom to the ground floor level and the Apartment 2 storeroom to the first floor level;

· Increasing the length of the second floor Apartment 5 balcony boundary wall to the north eastern lot boundary by 2.7 metres;

· Increasing the skillion roof height by 0.2 metres;

· Reducing the amount of on structure planting from 123.2 square metres to 64.4 square metres; and

· Other minor internal floor plan layout modifications.

The proposed development plans are included as Attachment 3.

Background:

Landowner:	Charlotte Fehr
Applicant:	Charlotte Fehr
Date of Application:	7 February 2020
Zoning:	MRS: Urban LPS2: Zone: Mixed Use R Code: R80
Built Form Area:	Mixed Use
Existing Land Use:	Vacant
Proposed Use Class:	Multiple Dwellings – ‘P’ Home Office – ‘P’
Lot Area:	493m²
Right of Way (ROW):	No
Heritage List:	No

The subject site is bound by car parking to the north and south, Lindsay Street to the west and a two-storey commercial development to the east. The location plan is included in Attachment 1. The subject site is currently vacant.

The subject site is zoned Mixed Use with a residential density of R80 under the City of Vincent Local Planning Scheme No. 2 (LPS2) and is located within the Mixed Use Built Form Area in accordance with City Policy No. 7.1.1 – Built Form (Built Form Policy). The adjoining lots to the south are also zoned Mixed Use and located within the Mixed Use Built Form Area. The adjoining lots to the north, east and west are zoned Commercial. The adjoining lots to the north and east are located within the Activity Corridor Built Form area. The adjoining lots to the west are located within the Mixed Use Built Form area.

Lindsay Street is characterised by single storey and two storey single dwellings. The immediately adjoining sites to the north and south are open air car parking facilities appurtenant to grouped dwellings and commercial development. A number of character homes located along Lindsay Street operate as offices. The subject site is adjacent to Beaufort Street which is characterised by two to four storey mixed use and commercial development.

Council at its 23 July 2019 Ordinary Meeting approved a development application for a four storey development comprising of six Multiple Dwellings and Home Office subject to conditions at the subject site. The development plans approved by Council are included as Attachment 2. An amendment sought to this previously approved development is the subject of this report.

Details:

Summary Assessment

The proposal was assessed in accordance with the requirements of the Built Form Policy and State Planning Policy 7.3 Residential Design Codes – Apartments (R Codes Volume 2) which relates to multiple dwelling developments and the City’s Policy No. 7.1.1 – Built Form (Built Form Policy). The R Codes Volume 2 provides guidance for multiple dwellings and focuses on improved design outcomes for apartments that are responsive and appropriate to the context and character of the site and locality. This is a performance-based assessment and applicants are required to demonstrate that the design achieves the objectives of each design element as well as the overall objectives of the R Codes Volume 2.

Consideration of Element Objectives and Acceptable Outcomes

The R Codes Volume 2 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.

Detailed Assessment

The proposed amendments the subject of this application have been assessed against the relevant Acceptable Outcomes and Element Objectives of the R Codes Volume 2 and the City’s Built Form Policy. The Element Objectives and/or Acceptable Outcomes that are not achieved in the proposal are as follows:

Building Height
Deemed-to-Comply Standard	Proposal
Built Form Policy Clause 3.1 – Building Height C3.1.1 Maximum Building Height Top of Skillion Roof: 14.3 metres	Top of Skillion Roof: 14.5 metres. The application proposes to increase the skillion roof height by 0.2 metres from that previously approved. The previous report to Council stated that the bottom of the skillion roof had a height of 13.85 metres in lieu of the permitted height of 13.3 metres. Upon review it has been determined that this calculation was incorrect and the actual height was 13.0 metres. The current application proposes a height to the bottom of the skillion roof of 13.2 metres which is consistent with the Acceptable Outcomes.
Plot Ratio
Deemed-to-Comply Standard	Proposal
R Codes Volume 2 Clause 2.5 - Plot Ratio A2.5.1 1.0 (493.0 square metres)	1.67 (822.3 square metres). The previously approved plans had a plot ratio area of 1.63 (807.1 square metres).
Size and Layout of Dwellings
Deemed-to-Comply Standard	Proposal
R Codes Volume 2 Clause 4.3 – Size and Layout of Dwellings A 4.3.2 Bedrooms have a minimum dimension of 3.0 metres, excluding robes.	Bedroom 3 of Apartment 2 has a minimum dimension of 2.7 metres. This bedroom was previously approved with a minimum dimension of 3.0 metres.

An assessment of how the proposal meets the Element Objectives of the R Codes Volume 2 is discussed in the Comments section below.

Consultation/Advertising:

The application does not require advertising. This is because it does not propose any departures from the relevant planning framework which could reasonably be considered to have an adverse impact on the adjoining properties or the surrounding streetscape. The built form outcome remains largely the same when viewed from the public realm, the additional height of the skillion roof remains below the overall development height previously approved and the increased length of the Apartment 5 balcony wall built to the north eastern lot boundary abuts the car park of a commercial development. In accordance with the City’s Policy No. 4.1.5 – Consultation, the proposed amendments would not have a significant impact on the community, or the economy, lifestyle, amenity and/or environment of any member of the community or community group.

Design Review Panel (DRP):

Referred to DRP: No

The previous application that was ultimately approved by Council was presented to the DRP prior to lodgement, following lodgement and referred to the DRP Chairperson to confirm that the amendments to the plans were a suitable design response to all comments made at the previous DRP meetings.

The current application was not referred to the DRP as the proposed changes to the previously approved plans would not result in a significant change to the building design.

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; and

· Policy No. 7.1.1 – Built Form Policy.

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.

City of Vincent Policy No. 7.1.1 – Built Form

At the 23 July 2019 Ordinary Council Meeting, the proposed Amendment 2 to the Built Form Policy was approved for the purposes of advertising. The development has not been assessed against the proposed amendments to the Built Form Policy as the amendments are in draft form and are not considered to be ‘seriously entertained’. This is because they have not received approval from Council following community consultation, which concluded on 22 November 2019. The amendments are not certain or imminent in coming into effect in their current advertised form.

The submissions from community consultation for the amended Built Form Policy are expected to be presented to Council at an upcoming meeting to consider the Policy’s acceptability following community consultation.

Delegation to Determine Applications:

This matter has been referred to Council in accordance with the City’s Delegated Authority Register as the application is an amendment to a development approval that was determined by Council.

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:

Building Height

The development proposes a skillion roof with a maximum height of 14.5 metres to the high side which is 0.2 metres higher than what was previously approved.

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

· The additional height of the skillion roof remains below the overall height of the development previously approved;

· The upper floors of the building are stepped in so as to mitigate the perception and impact of building bulk and mass. The development incorporates wrap-around balconies and articulation on the upper floors to reduce the amount of blank walls and material bulk when viewed from the street;

· The use of natural colours and elements including facebrick and corten-like cladding reduces the overall impact of bulk and scale when viewed from the street. The use of a light grey and off-white of the render reduces the perception of bulk and scale when viewed from adjoining properties;

· The communal open space does not have a roof structure and is located on level three, limiting the impact of building bulk on the adjoining lots;

· The southern adjoining lots that would be overshadowed as a result of the application are commercial uses and open air car parks, which results in an acceptable amount of overshadowing onto adjoining residential properties; and

· There proposed modifications do not result in any additional overlooking onto adjoining properties.

Plot Ratio

The development proposes a plot ratio of 1.67 (822.3 square metres) which is an increase of 15.2 square metres from what was previously approved.

The proposed modification to the plot ratio is consistent with the objectives of Element 2.5 of the R Codes Volume 2 for the following reasons:

· The proposed increase in plot ratio results from the reclassification of the previously approved ground floor communal area (which did not qualify as plot ratio area) to a dedicated home office for use by the occupants of Apartment 2 (which qualifies as plot ratio area). This increase in plot ratio does not result in any increase to the approved building footprint and would not have any greater bulk and scale impact than the previously approved development;

· The proposed design elements, including articulated design, stepping back of the external dwelling walls, varying colours and materials, extensive glazing and on-structure landscape infrastructure reduces the perception of building bulk and scale as a result of the proposed plot ratio;

· The proposal provides sufficient car parking to cater for the use of the development;

· The immediately adjoining northern, eastern and western lots are permitted for a plot ratio of 2.0, and this site provides an appropriate transition between the residential character of Lindsay Street and Beaufort Street urban centre; and

· The development is consistent with the permitted number of storeys for the subject site and generally consistent with the prescribed lot boundary setbacks, and the proposal incorporates an articulated design making use of materials and finishes existing in the streetscape.

Lot Boundary Setbacks

The previous application was approved with a nil setback from the second floor Apartment 5 balcony to the northern lot boundary. The current application proposes to increase the length of this balcony which is built up to the northern lot boundary by 2.7 metres.

The proposed modification to the to the boundary wall is consistent with the objectives of Element 2.4 of the R Codes Volume 2 and the local housing objectives of the Built Form Policy for the following reasons:

· Whilst the length has increased of the balcony wall which is 1.65 metres the void area that provides a setback from the north eastern lot boundary to the Apartment 5 bedroom 1 building façade has been increased from 1.7 metres to 3.4 metres. This provides greater separation and depth to the Apartment 5 bedroom 1 building facade as viewed from the adjoining property, and assists in offsetting the increased balcony wall length. As a result, the average setback of the second floor to the north eastern lot boundary remains at 0.9 metres, consistent with the original approval;

· The balcony wall would not impact on the amenity of the adjoining property to the north which consists of an open air car park. The wall is proposed to be finished with light grey cladding consistent with the rest of the building in order to integrate with the development and mitigate the perception of bulk on the streetscape;

· The building is stepped in, with balconies along the northern boundary, on-structure planting infrastructure and articulated so as to mitigate building bulk and mass, and provides a transition between the subject site and adjoining development; and

· The design maximises the amount of natural ventilation and sunlight into the dwellings and there is adequate separation between development on surrounding properties to allow for adequate ventilation and sunlight.

Tree Canopy and Deep Soil Areas

The application proposes to reduce the amount of on-structure planting from 123.2 square metres to 64.4 square metres. The extent of the modifications are outlined below:

· Level 1 – landscaping reduced from 16.6 square metres to 8.7 metres as a result of modifications to the external balcony to Apartment 2 bedroom 2 along the northern boundary. Landscaping has also been removed from the courtyard to Apartment 2 to increase the useable space of this area;

· Level 2 – reduced from 60.8 square metres to 42.6 square metres as a result of reconfiguring the balconies to Apartments 4 and 5 along the northern boundary;

· Level 3 – reduced from 45.8 square metres to 13.1 square metres as a result of reconfiguring the communal balcony to the eastern boundary to increase the useable area; and

· The proposed plans identify the planter boxes for on-structure planting across levels 1, 2 and 3. The approved development did not indicate the width of planter boxes. By accounting for the width of the planter boxes to support the landscaping, the planting areas have reduced.

The proposed modification to the on-structure landscaping is consistent with the objectives of Element 3.3 of the R Codes Volume 2 for the following reasons:

· The approved deep soil and provision of two medium sized trees remains unchanged as a result of the modifications to the on-structure landscaping;

· The acceptable outcomes of R Codes Volume 2 identifies that where there is a shortfall in deep soil areas, on-structure planting equivalent to two times the shortfall should be provided. The approved development had a shortfall of 10.5 square metres of deep soil, requiring 21.0 square metres of on-structure landscaping to be provided. Whilst the on-structure landscaping is proposed to be reduced, the 64.4 square metres provided exceeds the amount identified in the acceptable outcomes of R Codes Volume 2;

· The on-structure planting infrastructure provides sufficient space for healthy plant and tree growth due to the soil depth, soil volume provided and species selected. The proposed species are suitable for the location, given the amount of sun exposure and site conditions, ensuring the capability of growing to maturity. The City’s Parks team has reviewed the landscaping plan and confirmed this to be acceptable;

· The on-structure planting is integrated into the building design and increases the visual amenity of the development to assist with mitigating the overall impact of building bulk and scale when viewed from the adjacent properties and the streetscape. It also provides for visual appeal of private and communal open spaces and an attractive outlook from habitable rooms;

· The landscaping infrastructure is integrated into the design of the building, in relation to materiality and located in key functional areas to provide amenity for residents and surrounding properties;

· The proposed landscaping continues to contribute to an integrated sustainable design, with the proposed roof garden and landscaping infrastructure for communal open space is to contribute to stormwater management and the collection and reuse of rainwater; and

· The overall landscape amenity would provide an effective contribution to the City’s green canopy, landscape amenity and reduce the impact of the urban heat island effect in the immediate locality.

Size and Layout of Dwellings

The application proposes a new internal staircase linking the first floor Apartment 2 with the ground floor home office. This has resulted in the dimensions of the Apartment 2 bedroom 3 being reduced to 2.7 metres by 2.7 metres in lieu of the acceptable outcome in R Codes Volume 2 of 3 metres by 3 metres. The proposed bedroom dimensions are consistent with the objectives of Element 4.3 Size and Layout of Dwellings of the R Codes Volume 2 for the following reasons:

· The bedroom incorporates a 2.0 metre x 0.6 metre robe which would allow for storage and remove the need for a separate tallboy;

· The proposed floor area for this bedroom is 9.3 square metres which exceeds the R Codes Volume 2 acceptable outcome minimum of 9 square metres, and is square in shape which allows for functionality and flexibility; and

· The bedroom has access to natural light and ventilation via the north western facing window to the external courtyard.

Fire Hydrant Booster and Raised Planter Boxes

The amended proposal appears to show the fire hydrant booster and raised planter boxes straddling and overhanging the ground floor property boundary to Lindsay Street. Development is to be contained within the site itself. Administration has recommended a condition of development approval to ensure this.

Council Briefing Agenda 31 March 2020

5.3 No. 382 (Lot: 4; S/P: 11770) Newcastle Street, West Perth - Change of Use to Unlisted Use (Short Term Dwelling) and Multiple Dwelling

Ward: South

Attachments: 1. Consultation and Location Map ⇩

2. Development Plans ⇩

3. Management Plan and Code of Conduct ⇩

4. Applicant Additional Information ⇩

5. Determination Advice Notes ⇩

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the Change of Use to Unlisted Use (Short Term Dwelling) and Multiple Dwelling at No. 382 (Lot: 4; S/P: 11770) Newcastle Street, West Perth, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 5:

1. Use of Premises

1.1 This approval relates to a Change of Use to Unlisted Use (Short Term Dwelling) and Multiple Dwelling as shown on the plan dated 3 January 2020. It does not relate to any other development on the site;

1.2 The Short Term Dwelling shall only be used in accordance with its definition in the City’s Policy No. 7.4.5 – Temporary Accommodation as follows:

1.3 The Short Term Dwelling shall only operate within the marked area identified as ‘Short Term Dwelling Area’ as shown on the approved plan;

2. Operation of Use

2.1 The Short Term Dwelling shall operate in accordance with the Management Plan dated 3 January 2020, or any revised Management Plan approved by the City, to the satisfaction of the City. The Management Plan shall be reviewed every 12 months, with any changes identified during this review by the owner/operator or by the City, being incorporated into an updated Management Plan approved by the City as part of the review;

2.2 The Code of Conduct and The Manual (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 to the dwelling, to the satisfaction of the City;

2.3 The maximum number of guests accommodated within the Short Term Dwelling shall be no more than two (2) persons; and

2.4 The minimum length of stay for guest(s) shall be two nights; and

3. Building Design

3.1 Doors and windows adjacent areas fronting Newcastle Street shall maintain an active and interactive relationship to the street to the satisfaction of the City; and

3.2 Ground floor glazing and/or tinting shall be a minimum of 70 percent visually permeable to provide unobstructed visibility. 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 to Unlisted Use (Short Term Dwelling) and Multiple Dwelling at No. 382 Newcastle Street, West Perth (subject premises).

PROPOSAL:

The application proposes a change of use for a portion of a premises to Unlisted Use (Short Term Dwelling) and Multiple Dwelling. Details of the application include:

· Utilising a portion of the ground floor (kitchen) and the entire upper floor (bathroom and open plan living) for short term dwelling. This same area is intended to also be available for the owners to use as a multiple dwelling when there no guests staying. The remainder of the premises located to the front of the ground floor does not form part of the application and would be used on occasion as a creative space for the owners’ personal use, such as for writing;

· A maximum of two guests are permitted to stay in the short term dwelling at any one time for a minimum two night stay and a maximum of one month. Additional visitors are permitted to attend the short term dwelling, this would be limited to two people in order to ensure that no more than four people are present at any one time within the premises;

· One on site parking bay is available for use by guests. The car parking bay is allocated to the premises and is located to the rear of the site, accessible from Fitzgerald Street; and

· No changes are proposed to the physical appearance of the building.

The proposed development plans are included as Attachment 2. The applicant has also provided a Management Plan and a Code of Conduct in accordance with the City’s Policy No. 7.4.5 – Temporary Accommodation (Temporary Accommodation Policy). These are included as Attachment 3. Information from the applicant regarding the shopfront portion of the premises on the ground floor is included as Attachment 4.

Background:

Landowner:	Amy Garuccio and Luke Stewart
Applicant:	Amy Garuccio and Luke Stewart
Date of Application:	3 January 2020
Zoning:	MRS: Urban LPS2: Commercial R Code: Not applicable
Built Form Area:	Activity Corridor
Existing Land Use:	Multiple Dwelling
Proposed Use Class:	Unlisted Use (Short Term Dwelling)
Lot Area:	542m² (total site) 102m² (subject premises – strata lot area)
Right of Way (ROW):	Not applicable
Heritage List:	Yes – Category A Municipal Inventory (Purtell Building)

The subject premises together with adjoining premises at Nos. 380, 384 – 388 Newcastle Street, West Perth are located within “the Purtell Building” which has associated common property area to the rear which provides for vehicular access and a total of six car parking bays (subject site).

The subject site is zoned Commercial under the City’s Local Planning Scheme No. 2 (LPS2) and is located within the Activity Corridor Built Form Area under the City’s Policy No. 7.1.1 – Built Form.

The subject site is bound by Fitzgerald Street to the east and Newcastle Street to the south. A range of commercial tenancies exist across Newcastle Street to the south of the site that is within the City of Perth municipality. The adjoining properties to the north of the subject site are zoned Mixed Use R160 under LPS2 and is characterised by a mix of low scale offices and single houses. The adjoining land to the west of the subject site is zoned Commercial under LPS2 and is currently under construction for a four storey mixed use development. Land to the east of the subject site and on the corner of Fitzgerald and Newcastle Streets is currently vacant, with the exception of existing billboard signs and a portion of landscaping.

No previous approved uses for the subject site have been able to be located by Administration in reviewing the City of Vincent and City of Perth records. The subject premises has previously been used for both residential and commercial land uses, such as a dance studio and office. Adjoining premises in the Purtell Building have previously been approved for a range of commercial uses including a take away food premises at No. 380 Newcastle Street and a consulting room at No. 384 Newcastle Street. These other premises in the Purtell Building currently operate with commercial uses on the ground floor and residential components on the first floor. A location plan is included as Attachment 1.

The Purtell Building is listed on the City’s Municipal Heritage Inventory (MHI) as Category A (conservation essential). The Purtell Building is listed on the MHI with having aesthetic value in forming part of a row of shops providing a residential component on the first floor. The building has distinctive verandahs, parapets and glazed shopfronts, in a Federation Free Classical style of architecture. The place is also identified as having social value in contributing to a sense of place as a distinctive and well recognised landmark on the corner of Newcastle and Fitzgerald Streets, and for the variety of businesses that occupied the place and offered a range of services, including take away food outlets and retail shops. The building is not listed on the State Heritage List.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of LPS2, the City’s Temporary Accommodation Policy, Policy No. 7.7.1 – Non-Residential Development Parking Requirements (Parking Policy) and Policy No. 7.6.1 – Heritage Management Development Guidelines for Heritage and Adjacent Properties. In the instance where the proposal seeks the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section further in this report.

Planning Element	Use Permissibility/ Deemed-to-Comply	Requires the Discretion of Council
Land Use (only where required)		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 the management and operations of the Short Term Dwelling	A Management Plan provided as Attachment 3
Parking
Deemed-to-Comply Standard	Proposal
Policy No. 7.1.1 – Non Residential Development Parking Requirements The Non-Residential Parking Policy does not specify a deemed-to-comply car parking standard for Short Term Dwellings.	One on site car parking bay is available for the designated use of the subject premises.

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

Consultation/Advertising:

The application was advertised in accordance with the City’s Policy No. 4.1.5 – Community Consultation for a 21 day period from 17 February 2020 to 9 March 2020. The method of consultation being a sign placed on site (facing Newcastle Street), a notice in the local newspaper and nine letters being mailed out to all owners and occupiers of the properties adjoining the subject site, inclusive of the other strata properties within the Purtell Building, as per Attachment 1. The City did not receive any submissions in relation to the proposal.

Design Review Panel (DRP):

Referred to DRP: No

The application did not require referral to the DRP as no external works to the building are proposed.

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. 7.4.5 – Temporary Accommodation;

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

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

Planning and Development Act 2005

Local Planning Scheme No. 2 (LPS2)

(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

(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 Commercial zone under LPS2 which are as follows:

· To facilitate a wide range of compatible commercial uses that support sustainable economic development within the City.

· To ensure development designs 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 maintain compatibility with the general streetscape, for all new buildings in terms of scale, height, style, materials, street alignment and design of facades.

· To ensure that development is not detrimental to the amenity of adjoining owners or residential properties in the locality.

Temporary Accommodation Policy Review

The City is currently undertaking a review of the Temporary Accommodation Policy, with a view to aligning it more closely with LPS2, the Planning and Development (Local Planning Schemes) Regulations 2015, and recent State Administrative Tribunal (SAT) decisions on short term dwelling proposals. It is intended that a draft revised policy will be presented to an upcoming Council Meeting to be adopted for the purposes of advertising and to initiate an amendment to LPS2.

The development has not been assessed against the proposed amendments to the Temporary Accommodation Policy, as the amendments are in draft form and are not considered to be ‘seriously entertained’. The application has been assessed in accordance with the current Temporary Accommodation Policy.

Delegation to Determine Applications:

The matter is referred to Council as the proposed land use is a use not listed in Table 1 of the City’s Non-Residential 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:

Land Use and Management Plan

The proposed use meets the objectives of the Commercial zone under LPS2 for the following reasons:

· The subject site is located on the border of Northbridge and is approximately 500 metres from the Perth CBD. The immediate area provides for a range of commercial land uses including a digital marketing company, barber, car wash and a grocery store within both the City of Vincent and the City of Perth municipalities. The proposal would provide for a short term dwelling use on the edge of the Northbridge entertainment district. This use would be complimentary to the existing commercial uses operating in the area and would contribute towards the economic sustainability of the area, with opportunity for its guests to support other local businesses. The proposed use also does not compromise the ability for the surrounding Commercial zoned land to be used for more intensive commercial activities and would remain compatible.

· The subject site is situated within close proximity of the Perth Central Business District (CBD), public transport networks and tourist attractions, and is an appropriate location for this type of use as per the City’s Temporary Accommodation Policy. The geographic location of the site means that the use would be appropriately located in a commercial setting. Surrounding properties experience noise and activity associated with this inner city urban living and this is to be reasonably expected.

· No changes are proposed to the external façade of the building. The proposed change of use is an appropriate response to facilitate development by accommodating a compatible land use while preserving the physical appearance and aesthetic value of the Purtell Building that is heritage listed, and that forms an important part of the established streetscape. The front portion of the ground floor of the premises that is street facing would not be used for the short term dwelling use, rather this would serve as a creative working space for the owners when utilised. This would ensure that the shopfront of the premises is not affected by the proposal and does not appear as residential in nature when viewed from the street.

· Activity and associated noise expected in an inner city location exists in this setting. This noise is generated by commercial land uses, patrons of these land uses, pedestrians, and vehicular traffic along high volume transit corridors Newcastle Street and Fitzgerald Street as well as the Mitchell Freeway and Graham Farmer Freeway. The amenity of existing residential and commercial properties is reduced in this location from these existing noise sources.

· The subject premises shares parapet/common walls with abutting premises in the Purtell Building. These premises currently accommodate a range of commercial uses including a pop up shop, a music school, an events management company and a recently closed restaurant/cafe on the ground floor with dwellings on the first floor. Management and noise mitigation measures put in place by the applicant contained in the Management Plan and Code of Conduct included as Attachment 3 would serve to limit the amount of noise being generated and the risk of noise nuisance emanating from the premises. Details of these management measures are discussed in further detail further below. The intensity and scale of the proposed use is appropriate within this premises. This is because no changes to the Commercial; zoning and intent for the site are identified or planned for in the City’s strategic plans. The future zoning of the locality remains as Commercial and the amenity for occupants of the site reflects that of a close urban environment where a range of non-residential land uses are to be accommodated, as well as associated noise and activity that exists and that would be reasonably expected.

· The applicant’s Management Plan and Code of Conduct for guests would ensure that the premises would be appropriately managed and operated in a way that would minimise its potential to adversely impact on the amenity of surrounding properties. These include the following measures being implemented:

o The property is to be managed by the owners and a property manager. The owners live within 10 minutes of the premises and would be available to respond to any complaints in a prompt timeframe;

o Neighbouring strata owners and occupiers would be supplied with the contact details of the owner and property manager in the event of any issues or disturbances relating to guests of the property;

o Strict screening and verification of all guests in reviewing their booking profiles by the owners and the property manager, with the ability to terminate bookings at their discretion;

o There are no external outdoor living areas available for use by guests as part of the premises or on the site which removes the potential for noise from guests to be generated external to the premises;

o A minimum stay of two nights and a maximum of two guests to stay at the property. Visitors to the premises are limited to a maximum of two;

o No parties are permitted on site, with guests advised to reduce any noise past 9:00pm on any given night;

o Guests are able to check in to the premises after 2:00pm and check out before 10:00am; and

o Guests would be advised that one marked parking bay is available for use at the rear of the property;

A condition of approval is recommended requiring the Code of Conduct to be provided to guests and to be displayed within the premises in a prominent and visible location, as well as for the Management Plan to be implemented and complied with at all times. In the event the owners and guests of the premises do not adhere to the conditions of approval, it would be open to the City to undertake formal compliance action. Administration also recommends that a condition of approval be imposed requiring the management plan to be reviewed every 12 months from the date of commencement of the use. This would ensure that the use is being managed successfully and provides an opportunity to monitor its operation.

· The owners of the premises self-manage the strata for the buildings on site. In accordance with the Temporary Accommodation Policy, the applicant has obtained written consent from the owners of the adjacent premises that all form part of the strata, being Nos. 380, 384, 386, 388 Newcastle Street, and in support to operate the premises for short term dwelling.

Parking

There are six parking bays on site for use by the properties in the Purtell Building. The subject premises is allocated one parking bay under the strata arrangements. This is located to the rear of the building and accessed from Fitzgerald Street. Guests to the premises would be notified of the available car bay for use via the Management Plan that would be available from the website listing for the property, emailed to guests at the time of confirming the booking, and provided to guests in hardcopy at the premises. The Management Plan also sets out off-site parking options and alternative modes of transport available that service the area.

The section of Newcastle Street immediately adjacent to the site is a designated ‘No Parking’ zone. Along Newcastle Street between Palmerston Street and Charles Street, there are approximately 14 on-street parking bays which are restricted to two hour parking between 8:00am to 6:00pm Monday to Saturday. Review of the City’s parking survey data identifies that usage of these parking spaces were at 28 percent to 60 percent occupancy during the study times (being 9:00am to 8:00pm Wednesday, Friday and Saturday in 2018). The section of Fitzgerald Street immediately adjacent to the site is also a designated ‘No Parking’ zone. There are five parking bays situated along Fitzgerald Street between Bulwer Street and Newcastle Street, restricted to 15 minute, 1 hour and 2 hour parking zones Monday to Saturday. Review of the City’s parking survey data identifies that usage of these parking spaces were at 41 percent to 60 percent occupancy during the study times (being 9:00am to 8:00pm Wednesday, Friday and Saturday in 2018). This data indicates the availability of on-street parking that are within close proximity to the premises if required by guests.

The Management Plan sets out the alternative transport modes available to the site, including:

· The subject site is located an approximate 14 minute walk from City West train station, and an 18 minute walk from the Perth train station;

· The subject site is located on the border of the Perth City Free Transit Zone which provides free public transport within the City centre. Four Transport bus routes – 15, 402, 403 and 404 operate along Newcastle Street within 330 metres from the site and travel to Leederville, North Perth, Mount Hawthorn, Perth, Northbridge, Innaloo and Osborne Park. There are also bus stops along Fitzgerald Street – routes 19, 361, 362 and 960 which operate to the Perth CBD, Joondanna, Como, Dianella, Ballajura and Mirrabooka; and

· The subject site is surrounded by pedestrian footpath networks to Charles Street, Newcastle Street and Fitzgerald Street, which offer walkability to nearby attractions.

The site is well serviced by alternative methods of transportation and is not reliant on private motor vehicle use. This facilitates greater opportunity for use of active transport modes for guests. For these reasons, Administration is not of the view that car parking is required to be made available on site for the proposed use.

Parking for the owners or property manager attending the site would be available via the allocated bay on site if not utilised by guests or via on-street parking along Newcastle or Fitzgerald Streets. Attendance to the site would be associated with managing the short term dwelling or for the owners to continue to use the ground floor shopfront portion of the premises as their own creative space. This space is not intended to be open to the public for use. A change in use of this shopfront portion of the premises may require development approval in future, depending on the use class proposed and its permissibility, as well as in having consideration for car parking requirements.

Heritage Significance and Management

The subject site is identified as Category A on the City’s MHI and forms part of the Purcell Building municipal listing. The City’s Heritage Management Policy provide requirements relating to physical works, but does not provide any requirements in relation to change of uses. This development application does not propose any external works to the 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 remain intact. Given this application involves a change of use only, the Policy No. 7.6.1 – Heritage Management, is not applicable in this instance.

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 manner consistent with that of a residential dwelling. The proposal would be a compatible land 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 reverted back to a multiple dwelling in the future if circumstances permit, without any adverse impact to the cultural significance of the place.

Council Briefing Agenda 31 March 2020

7 Community & Business Services

7.1 Investment Report as at 29 February 2020

Attachments: 1. Monthly Investment Report 29 February 2020 ⇩

Recommendation:

That Council NOTES the Investment Report for the month ended 29 February 2020 as detailed in Attachment 1.

Purpose of Report:

To advise Council of the nature and value of the City’s investments as at 28 February 2020 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 29 February 2020, the total funds held in the City’s operating account (including on call) is $35,377,640 compared to $44,227,308 for the period ending 28 February 2019.

The total term deposit investments for the period ending 29 February 2020 is $33,681,961 compared to $36,178,794 for the period ending 28 February 2019. The total term deposit and fund amounts have reduced compared to last year for cash flow management purposes to cover operating and capital expenditure requirements.

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	$44,876,698	$41,017,535
October	$44,463,021	$41,180,325	$46,846,286	$37,782,515
November	$44,188,761	$42,678,504	$46,118,236	$36,123,083
December	$40,977,846	$38,667,039	$38,557,295	$34,633,796
January	$42,109,674	$35,225,189	$37,915,806	$33,773,707
February	$44,227,308	$36,178,794	$35,377,640	$33,681,961
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 29 February 2020 is:

	Annual Budget	YTD Budget	YTD Actual	% of YTD Budget
Municipal	$420,000	$280,000	$121,176	43.28%
Reserve	$278,688	$185,792	$109,910	59.16%
Sub-total	$698,688	$465,792	$231,086	49.61%

Leederville Gardens Inc. Surplus Trust*	$0	$0	$9,457	N/A

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

The City has obtained a weighted average interest rate of 1.76% for current investments including the operating account. The Reserve Bank 90 days accepted bill rate for January 2020 is 0.89%.

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 29 February 2020, $9,458,290 (26.74%) of the City’s investments are held in financial institutions considered to be investing in non-fossil fuel related activities. The portfolio exposure to non-fossil financial institutions has decreased by 0.84% compared to last month.

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

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
Short Term Rating (Standard & Poor’s) or Equivalent	Policy	Current position	Policy	Current position	Policy	Current position
A1+	30%	22%	30%	Nil	90%	41.9%
A1	25%	2.2%	30%	Nil	80%	2.3%
A2	20%	19.6%	n/a	Nil	60%	55.8%

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 31 March 2020

7.2 Authorisation of Expenditure for the Period 1 February 2020 to 29 February 2020

Attachments: 1. Payments by EFT, BPAY and Payroll February 20 ⇩

2. Payments by Cheque February 20 ⇩

3. Payments by Direct Debit February 20 ⇩

Recommendation:

That Council RECEIVES the list of accounts paid under delegated authority for the period 1 February 2020 to 29 February 2020 as detailed in Attachments 1, 2 and 3 as summarised below:

EFT and BPAY payments, including payroll		$6,372,823.68
Cheques		$1,886.75
Direct debits, including credit cards		$167,871.83

Total payments for February 2020		$6,542,582.26

Purpose of Report:

To present to Council the list of expenditure and accounts paid for the period 1 February 2020 to 29 February 2020.

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 February 2020 to 29 February 2020, covers the following:

FUND	CHEQUE NUMBERS/ BATCH NUMBER	AMOUNT
Municipal Account (Attachment 1, 2 and 3)
EFT and BPAY Payments	2510 - 2520	$4,498,303.01
Payroll by Direct Credit	February 2020	$1,874,520.67
Sub Total		$6,372,823.68

Cheques
Cheques	82592 - 82598	$1,886.75
Sub Total		$1,886.75

Direct Debits (including Credit Cards)
Lease Fees		$385.00
Loan Repayments		$100,782.60
Bank Charges – CBA		$58,581.36
Credit Cards		$8,122.87
Sub Total		$167,871.83

Total Payments		$6,542,582.26

Consultation/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.

(2) 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 that 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 31 March 2020

7.3 Financial Statements as at 29 February 2020

Attachments: 1. Monthly Financial statements as at February 2020 ⇩

Recommendation:

That Council RECEIVES the financial statements for the month ended 29 February 2020 as shown in Attachment 1.

Purpose of Report:

To present the statement of financial activity for the period ended 29 February 2020.

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 29 February 2020:

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	6-53
5.	Capital Expenditure and Funding and Capital Works Schedule	54-59
6.	Cash Backed Reserves	60
7.	Rating Information and Graph	61-62
8.	Debtors Report	63
9.	Beatty Park Leisure Centre Financial Position	64

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 slightly favourable compared to the YTD budget by an amount by $90,740 (0.6%). The following items materially contributed to this position: -

· A favourable variance of $158,633 due to recognition of monies received previously for ‘Percentage of Art’ projects ($260,240) and a reduction in revenue due to a decrease in development application fees ($79,648) (Community Amenities);

· A favourable variance of $234,261 due to increase in revenue received from Beatty Park Leisure Centre (Recreation and Culture);

· An unfavourable variance of $315,243 as a result of a reduction in revenue generated from parking infringements and parking fees (Transport).

Revenue by Nature or Type is tracking slightly under by $180,302 (0.4%) compared to the budgeted revenue. The following items materially contributed to this position: -

· A favourable variance of $245,142 due to the recognition of monies received previously for ‘Percentage of Art’ projects (Operating Grants, Subsidies and Contributions);

· A favourable variance of $115,838 due to the recognition of revenue for unclaimed trust monies. (Other Revenue).

Expenditure by Program reflects an under spend of $2,359,432 (5.6%) compared to the year to date budget. The following items materially contributed to this position: -

· An under-spend of $1,020,388 mainly contributed by the timing of payment relating to waste collection and the delivery of operating projects within Policy and Place (Community Amenities);

· An under-spend of $441,097 mainly contributed by a timing variance of delivery of events earmarked for the year and operating and maintenance works relating to Beatty Park Leisure Centre (Recreation and culture); and

· An under-spend of $199,240, mainly contributed by a timing variance of works relating to infrastructure maintenance and costs relating to street lighting (Transport).

· An under-spend of $381,280 mainly contributed by timing variance of profit/loss on disposal of major plant assets (Other Property and Services).

Expenditure by Nature or Type reflects an under-spend of $2,156,465 (5.2%) compared to the year to date budget. The following items materially contributed to this position: -

· Employee costs reflects an over-spend of $683,536. This is due to a timing variance; three payroll payments have been processed in the month while the budget was for two payments.

· Materials and contracts reflects an under-spend of $2,567,088. This variance is mainly contributed by a timing variance of works within the following areas:

o Waste collection Service - $591,915;

o Infrastructure maintenance (Parks, sporting grounds) - $372,230 ;

o Events - $182,970; and

o Operating projects within multiple areas - $ 713,150.

· Other expenditure reflects an under-spend of $537,054 largely contributed by a timing variance in the delivery of works within multiple service areas.

Surplus Position – 2019/20

The surplus position brought forward to 2019/20 is $5,811,178 as per the City’s 2018/19 audited financials. The current closing position is $19,195,994, this is a favourable position ($6,434,887) compared to the budget.

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 Comprehensive Income 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 – 53)

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 54 - 59)

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

6. Cash Backed Reserves (Note 6 Page 60)

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 29 February 2020 is $8,819,715.

7. Rating Information (Note 7 Page 61 - 62)

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:

	Due Date
First Instalment	26 August 2019
Second Instalment	29 October 2019
Third Instalment	7 January 2020
Fourth Instalment	10 March 2020

The outstanding rates debtors balance as at 29 February 2020 is $4,156,675 including deferred rates ($105,250) and excluding ESL debtors and pensioner rebates.

8. Receivables (Note 8 Page 63)

Total trade and other receivables outstanding as at 29 February 2020 are $2,058,096, of which $1,771,224 relates to outstanding debtors. 86% of the outstanding debtors balance is 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. This practice will be reviewed in light of the expected impact of COVID-19.

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

· $1,782,569 (89.6%) 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.

$971,183 of this amount has been transferred to long-term infringement debtors (non-current portion). Furthermore, due to the aged nature of some of the unpaid infringements, a provisional amount of $186,666 has been calculated as doubtful debts for the current portion (within 12 months) and a provisional amount of $196,072 has been calculated as doubtful debts for the non-current portion (greater than 12 months). This treatment is in accordance to the new requirements of the changes in the Accounting standards (AASB 9).

· $161,232 (7.8%) 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 64)

As at 29 February 2020, the operating surplus for the centre is $340,390 (excluding depreciation) compared to the year to date budgeted deficit amount of $245,922.

10. Explanation of Material Variances (Note 4 Page 6 - 53)

The materiality thresholds used for reporting variances are 10% and $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 and 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 29 February 2020 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.

Comments:

Not applicable.

Council Briefing Agenda 31 March 2020

7.4 Reconciliation Action Plan Working Group

Attachments: 1. Terms of Reference - Reconciliation Action Plan Working Group ⇩

2. Reconciliation Action Plan Working Group Nominations - Confidential

Recommendation:

That Council:

1. APPOINTS the following three Elected Members as the City’s representatives on the Reconciliation Action Plan Working Group (RAPWG) for the term 1 April 2020 to the date of the next ordinary local government election, 16 October 2021;

Cr…………………………….

Cr……………………………..

2. APPOINTS the following six community members as the City’s representatives on the RAPWG for the term 1 April 2020 to the date of the next ordinary local government election, 16 October 2020;:

1. Community Member 2

2. Community Member 3

3. Community Member 5

4. Community Member 6

5. Community Member 7

6. Community Member 9

· 3. APPOINTS …………………………as the Chair of the RAPWG for the term 1 April 2020 to the date of the next ordinary local government election, 16 October 2021.

Purpose of Report:

To appoint new members to the City of Vincent’s Reconciliation Action Plan Working Group (RAPWG).

Background:

The primary function of the RAPWG is to identify issues and topics of importance surrounding the development and implementation of the Reconciliation Action Plan, as adopted by the City. The objectives of the RAPWG are set out in its Terms of Reference, at Attachment 1.

The RAPWG members for the period 24 October 2017 to 19 October 2019 were:

· Cr Dan Loden (Co-Chairperson)

· Cr Roslyn Harley (Co-Chairperson)

· Cr Josh Topelberg

· Michael Quirk (Executive Director Community Engagement)

· Karen Balm (Senior Community Partner)

· Gayatrii Surendorff (Community Partner)

· Phil Walley-Stack

· Gordon Cole

· Jade Dolman

· Kathy Kickett

· Maria McAtackey

· Marilyn Lyford

· Sarah Janali

In accordance with the Terms of Reference, the membership term of the City’s members expired on the day of the last ordinary local government election, 19 October 2019.

The City’s Innovate Reconciliation Action Plan (RAP) provides that the City must have a current working group. In addition, the RAPWG requirements for endorsement through Reconciliation Australia for the Innovate RAP are that it must:

· establish or have an existing RAPWG to oversee development of the RAP;

· demonstrate how Aboriginal and Torres Strait Islander peoples are represented;

· commit to identifying a RAP Champions as an action with the RAP;

· commit to meet at least four times per year as an action with the RAP;

· commit to develop a Terms of Reference as an action with the RAP.

Details:

· The City invited expressions of interest for suitably qualified persons to nominate for membership. Advertisements were placed in the City’s local papers, on the City’s website and on the City’s social media.

· Nominees were requested to provide the following information:

· Occupation;

· Membership of community organisations; and

· Reasons for applying.

· Correspondence was also sent to all former Community Representatives expressing appreciation for their past contribution to the City and asking if they would like to re-nominate as a member of the working group.

· The nomination details received from interested persons in the community are at Attachment 2.

The RAPWG meetings are held approximately every two months, or more regularly as required. In 2019 there were four meetings. All nominees are available to attend meetings on Monday evenings at 6.00pm. The proposed meeting dates for 2020 will be presented to the RAPWG at its first meeting, for approval.

Consultation/Advertising:

· Nil.

Legal/Policy:

· City’s Policy No. 4.2.12 – ‘Advisory Groups’.

· Terms of Reference for RAPWG.

Risk Management Implications:

Low There is low risk in Council appointing community and Elected members to the RAPWG.

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.

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

SUSTAINABILITY IMPLICATIONS:

Not applicable

Financial/Budget Implications:

Nil.

Council Briefing Agenda 31 March 2020

8 Chief Executive Officer

8.1 Results of the FY19 Australasian LG Performance Excellence Program

Attachments: 1. City of Vincent's FY19 LG Performance Excellence Report ⇩

Recommendation:

That Council RECEIVES the City of Vincent's FY19 Australasian LG Performance Excellence Report at Attachment 1.

Purpose of Report:

To provide Council with the City of Vincent's results report from its participation in the FY19 Australasian LG Performance Excellence Program.

Background:

CEO KPI 2.1.1 was to benchmark the City of Vincent’s operations through the Local Government Performance Excellence Program. This related to the CEO KPI theme of Service Delivery and fostering and driving a culture of innovation, can-do attitude and openness in the delivery of services to our community and stakeholders, with a focus on providing an exceptional customer experience.

The purpose of the Local Government Professionals Performance Excellence Program (Benchmarking Program) is to provide the City with comparative data to measure strategic and operational performance results.

The results are specific to the local government sector and assists the City in better understanding its strengths and areas for improvement. This should in turn result in better internal business performance.

Local Governments from New South Wales (56), New Zealand (15), South Australia (23), and Western Australia 21 (115 in total) participated in the 2018/19 program.

2019 was the first year the City of Vincent has participated and will be participating for a 3-year term.

The report provides analysis, insights, and a deeper understanding of efficiency, effectiveness, best practice and resilience into the following key measurement areas of focus:

1. Corporate leadership - Level of commitment Council has to principles of responsible management and strategic planning. This includes corporate development strategies, strategic planning strategies, decision-making practices and policy quality measures, senior leadership effectiveness, cohesion, communications and accountability.

2. Workforce management – Workforce profile, capacity, performance and productivity. Identifies efficiencies, potential concerns, and future workforce planning based on changing nature of work.

3. Finance management – Finance systems and processes, financial strategy, rates, CAPEX and budget.

4. Operations management – Operations planning, customer service commitment, outsourcing, shared services and internal systems management such as technology and level of customer centricity.

5. Risk management – Council’s risk framework, key risk indicators, internal auditing practices, and culture of risk.

6. Asset management – asset management systems, strategic asset management & plans, condition ratings, long-term financial plans and long-term self-sustaining asset renewal.

7. Service delivery – Covering 32 services. Analysing profile, cost and outputs. Community Development, Planning and Swimming Pools included as pilots for this year.

Details:

The City’s report is for Financial Year 2018-2019 and the results reflect data provided as at 30 June 2019 – see full report at Attachment 1.

Key areas where the City has a significant variation from the local government median benchmark (higher and lower) are listed below.

Areas where the City is exceeding the median benchmark will be continued and further strengthened. Areas where the City is not meeting the median benchmark will be prioritised for review and strategies put in place to address and reduce the gap over time.

1. Sick leave taken (low)

2. Gender diversity (higher number of female managers)

3. Management span of control (high number of reports to supervisors / managers)

4. Annual turnover (high in 2018-2019 FY but lower in calendar year 2019)

5. Income from rates and annual charges (low)

6. Long Term Financial Plan delivers self-sustaining asset renewal (no)

7. Capital expenditure per resident (low)

8. Operating expense and FTE’s per service (high)

9. Road and bridges operating expenses (high)

10. Parks, gardens and sporting grounds operating expenses (high)

11. Council insourcing and outsourcing

12. FTE per 1,000 residents (high)

13. Corporate service staff per 100 employees (high)

14. Customer service full time equivalents per 10,000 residents (high)

15. Overtime spend per FTE (high)

16. ICT spend per employee (low)

17. Training budget spend (low)

18. Lost time due to injuries (high)

19. Council meeting duration (high)

CEO KPI 2.2.2 is to provide Council with a report on improvement in City Service Delivery. Participation in the benchmarking report will inform areas for improvement in service delivery.

In 2019 the City undertook a comprehensive review of all City Services against the Capability Maturity Model. The vast majority of City services were assessed as Level 2.

The CEO’s target is for all functions to achieve a minimum Level 3 (Defined) over a 1-5 year timeframe. This will ensure all services are proactive rather than reactive and that the City has in place organisation wide standards which provide guidance across projects, programs and portfolios.

The City’s business improvement process is being undertaken through the development of five year team strategies, maturity models, risk assessments and business plans cover all programs, projects and services as part of the implementation of the new SCP and updated CBP.

The 2020 review of City services has informed the development and updates to the LTFP, CBP, Workforce Plan and 2020/21 Annual Budget.

The City services review assessed the following:

· Service objective and alignment with the Strategic Community Plan priorities;

· Service area deliverables (tasks) with details of the FTE time, legislative requirements, maturity, KPIs and any risks or issues for each deliverable;

· Each deliverable is also rated as mandatory (service required by legislation), non-mandatory (discretionary service required by Council through the CBP, SCP or separate Council decision) and support services;

· Staff capacity, including whether a FTE gap has been identified;

· Staff capability and any training required;

· ICT system changes and / or process changes required; and

· Any relevant contracts for the service area.

The City will be using the benchmarking report to guide service area reviews, best practice models of service delivery and business improvement initiatives over the next 12 months.

A key finding of the services review and benchmarking is that the City has a low take-up of technology and relies on a lot of manual handling of processes.

All City service areas are exploring ideas, innovation and IT to improve current services, systems, projects and programs.

Consultation/Advertising:

Nil

Legal/Policy:

Nil

Risk Management Implications:

Nil.

The information and/or metrics referred to are extracted from the Australasian Local Government Performance Excellence Program survey (survey) conducted by PricewaterhouseCoopers and commissioned by Local Government Professionals, NSW. The survey was not conducted for the specific purposes of the council and was limited to only the councils who participated in it and based on the data they provided. The reliability, accuracy or completeness of this information has not been verified by PwC, Local Government Professionals, NSW or any other person.

Accordingly, no one should act on the basis of this information and neither Local Government Professionals, NSW nor PwC accept any responsibility for the consequences of any person’s use of or reliance on this information or any reference to it.

Strategic Implications:

Innovative and Accountable

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

We are open and accountable to an engaged community.

Our community is satisfied with the service we provide.

SUSTAINABILITY IMPLICATIONS:

Nil

Financial/Budget Implications:

Nil

Council Briefing Agenda 31 March 2020

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Council Briefing Agenda 31 March 2020

8.2 Licence over portion of road reserve adjacent to Lots 90 and 91 (No.122) Angove Street, North Perth - Midnight Express Cafe

Attachments: 1. Plan of Proposed Licence Area ⇩

2. Plans submitted with Development Application ⇩

3. Photograph of road reserve before works commenced ⇩

4. Photograph of road reserve with unauthorised works ⇩

5. Undertaking signed by owner, Adrian Christea ⇩

Recommendation:

That Council:

1. APPROVES the City granting a licence to Adrian Christea, owner of Lots 90 and 91 on Plan 1823 (No.122) Angove Street, North Perth, for part of the adjacent road reserve (Licence Area), as shown in Attachment 1, on the following key terms:

1.1 Term: 5 years with a 5 year option term, commencing on the date the licence is executed;

1.2 Licence area: 30m², subject to minor changes in area as a result of Development Application assessment;

1.3 Licence fee: $900 per annum (plus GST) (at rate $30/m², subject to final approved development area);

1.4 Permitted use: Installation of a fixed canopy, tables and seating as shown in the plan submitted for the Development Application at Attachment 2, for the purposes of casual outdoor dining;

1.5 Approvals The licence is conditional on the Owner obtaining all necessary approvals, including Development Approval, for any fixed structures;

1.6 Non-exclusive use: Owners granted non-exclusive use of the Licence Area;

1.7 Insurance: Owners to effect and maintain public liability insurance to minimum value of $20,000,000 (per claim);

1.8 Indemnity: The Owners to indemnify the City and the Minister for Lands against loss or damage to property or persons occuring as a result of the Owners’ fixtures and use of the Licence Area;

1.9 Maintenance: Maintenance and repair of the Licence Area and fixtures at the Owners’ cost;

1.10 Outdoor Eating Area Permit: Owners to maintain a valid Outdoor Eating Area Permit for the Licence Area;

1.11 Assignment: Licence must be assigned to new owner on transfer/sale of business or land;

1.12 Removal and make good: The fixtures must be removed and the Licence Area made good to the satisfaction of the City on request of the City, Minister for Lands, utility service provider or a public authority or on the termination of the Licence;

1.13 Compensation: No compensation will be payable if the City, Minister for Lands, utility service provider or a public authority make a request in accordance with recommendation 1.12 above;

1.14 Caveat An absolute caveat will be registered over the Certificate of Titles to Lots 90 and 91 to secure the terms of the licence; and

1.15 Costs Owners to pay all costs associated with the preparation and registration of the licence and caveat.

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 recommendation 1. above.

Purpose of Report:

To grant a licence to the Adrian Christea, owner of 122 Angove Street, North Perth (Owner), for an approximately 30m² portion of the road reserve adjacent to Lots 90 and 91 on Plan 1823 (Lot 91), as shown at Attachment 1 (Licence Area), to enable installation of a permanent canopy, tables and seating for the purpose of outdoor dining at Midnight Express Café, as shown in Attachment 2 (Canopy).

Background:

In November 2019 Administration received notification of a development occurring over part of the road reserve adjacent to Lots 90 and 91. On 14 November 2019 City officers visited the site and recorded the unauthorised commencement of the Canopy, as shown in the photos at Attachments 3 and 4. The Owner was contacted and works ceased immediately. It is noted that the Owner has been fully cooperative with Administration’s direction, which includes submitting a retrospective development application on 17 January 2020. The City is currently assessing this application.

Details:

The Canopy is on a portion of the Angove Street road reserve, at the corner of Farmer Street, North Perth. Pursuant to section 55(2) of the Land Administration Act 1997 (LAA), road reserves within the City’s district are under the City’s care, control and management. In accordance with the City’s draft Policy – Development on City Owned and Managed Land, which was approved for advertising at the 17 March 2020 Council Meeting, prior to the City granting a Building Permit for the Canopy it is necessary for the City to grant the Owner permission to use a portion of the road reserve (which is the form of a licence).

The Canopy is considered a Tier 4 development under the draft Policy, as it is a permanent structure which encloses space within the road reserve. The location of the Canopy is outside of a Town Centre or Activity Corridor Area, however Administration supports the Canopy as it aligns with the streetscape and the transitioning nature of the location.

The Licence is conditional on the City granting development approval for the Canopy. It is noted that the City granting this licence provides no indication or guarantee that development approval will be granted. The licence will be executed only after development approval is granted. In accordance with draft Policy the licence would be secured over the adjacent land by an absolute caveat. All costs associated with the preparation and registration of the licence and caveat are payable by the Owners.

Consultation/Advertising:

The Owner has agreed to the proposed licence terms as recommended to Council, and has signed an undertaking to this effect, as at Attachment 5.

Legal/Policy:

Section 55(2) of the LAA places care, control and management of road reserves with the City.

Section 3.58 of the Local Government Act 1995 (LGA) sets out the processes for disposal of City property (which includes licencing), Subclause 5 allows for exceptions under the Regulations.

Local Government (Functions and General) Regulations 1996

30. Dispositions of property excluded from Act section 3.58

(2) a disposition of land is an exempt disposition if –

(a) the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and –

(i) its market value is less than $5 000; and

(ii) the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee.

Development on City Owned and Managed Land Policy

· The Canopy is considered a Tier 4 development.

· The Licence Area is located outside a town centre or activity corridor built form area, however is considered to align with the streetscape and therefore is supported by Administration.

· Due to the extensive nature of the development, a caveat is required to be registered against the Certificate of Title for Lots 90 and 91, to secure the terms of the licence.

Risk Management Implications:

Low Risk: It is low risk for Council to enter into the proposed licence.

Strategic Implications:

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

Thriving Places

We are recognised as a City that supports local and small business.

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

SUSTAINABILITY IMPLICATIONS:

N/A

Financial/Budget Implications:

The proposed annual licence fee is $900. The exact figure will depend on the final Canopy area, and is based on the rate set out in the draft Policy, which is $30/m².

Council Briefing Agenda 31 March 2020

8.3 Sale of miscellaneous portions of City freehold land

Attachments: 1. Summary of sale options for Lots ⇩

2. Valuation report for Lots - Confidential

3. Register of Lots with sale potential ⇩

Recommendation:

That Council:

1. AGREES to the sale of the following land parcels (together the Lots):

1.1 Lot 59 on Deposited Plan 34088 (No. 10) Monmouth Street, North Perth;

1.2 Lot 43 on Plan 3204 (No. 202) Vincent Street, North Perth;

1.3 Lot 48 on Plan 692 (No. 590) Beaufort Street, Mount Lawley;

1.4 Lot 74 on Plan 10804 Brentham Street, Leederville;

1.5 Lot 101 on Plan 49865 Brentham Street, Leederville; and

subject to the Chief Executive Officer determining the appropriate timing and method for the sales, and complying with the requirements of sections 3.58 or 3.59 of the Local Government Act 1995, as appropriate.

2. APPROVES the Chief Executive Officer engaging a suitably qualified real estate agent to assist in the sale of the Lots identified in recommendation 1. above.

3. NOTES that any submissions received as a result of the Chief Executive Officer providing public notice of the disposals in recommendation 1. above will be presented to Council for consideration.

4. NOTES that scheme amendments will be prioritised and undertaken for the Lots referred to at recommendations 1.4 and 1.5 above, prior to sale.

Purpose of Report:

To consider the sale of miscellaneous parcels of City owned land in the short to medium term.

Background:

Sale of City freehold land could aid the City’s financial stability in the short to medium term and fund the City’s COVID-19 relief and response efforts. Proceeds would be transferred to the appropriate reserve funds.

Administration has reviewed the City’s land holdings and identified six miscellaneous land parcels that have no current strategic use and therefore are suitable for sale. Administration is currently in negotiation with an adjoining landowner in respect to the sale of Lot 12 (No. 150) Charles Street, West Perth, and will be reported separately to Council.

Details:

The table at Attachment 1 provides details of the recommended sale process for each Lot and the valuation received. The valuation report is at Attachment 2.

The register at Attachment 3 provides further details of each Lot, including aerial images, planning details, the background to each Lot, reasons for original acquisition (if known), the current use of the Lot and the development/sale options.

Consultation/Advertising:

The City would need to comply with sections 3.58 and 3.59 of the Local Government Act 1995 (LGA) to sell these Lots. Should a sale meet the threshold for a major land transaction ($6 million, based on the City’s current operating expenditure) section 3.59 of the LGA would apply.

It is recommended that a real-estate agent is engaged to sell the Lots, via a public auction or tender process, as this should result in the best value for the City. Public notice of the proposed sales would need to be provided, and any submissions received would be provided to Council.

Legal/Policy:

Local Government Act 1995

In accordance with section 3.58 of the LGA a local government can dispose of land in the following ways:

· public auction;

· public tender; or

· directly to a third party conditional on a public notice period and consideration of any submissions received. The public notice must include the name of the purchaser and valuation details (not greater than 6 months old).

Section 3.59 of the LGA is applicable for major land transactions and requires that the local government prepare a business plan and provide state wide public notice.

Risk Management Implications:

Low Risk: It is low risk for the Council to approve in principle the sale of the Lots.

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.

SUSTAINABILITY IMPLICATIONS:

N/A

Financial/Budget Implications:

The valuation and estimated time frame for the Lots to be ready to be sold (including an estimated timeframe for a scheme amendment process, if required) is below:

*Property Address*	*Estimated Timeframe*	*Valuation*
150 Charles Street, West Perth	1 month	$225,000
10 Monmouth Street, Mount Lawley	1 month	$650,000
202 Vincent Street, North Perth	1 month	$525,000
590 Beaufort Street, Mount Lawley	6 months	$1,600,000
Lot 74 Brentham Street, Leederville	10 to 14 months	$2,500,000
Lot 101 Brentham Street, Leederville	12 to 24 months	$6,000,000
Total		$11,500,000

COMMENTS:

The two lots at Brentham Street, Leederville are currently reserved for Public Open Space under the City’s Local Planning Scheme No. 2. Before selling these properties, it may be necessary to undertake a Scheme Amendment to rezone the two lots to more accurately respond to the context of the local area. Some initial investigation has been completed showing that this amount of Public Open Space is excessive for the local area, and the land could be more efficiently used if it were able to be developed for residential housing like the adjoining properties.

A standard Scheme Amendment for these two lots is likely to take approximately 8-10 months. The City could prioritise these Scheme Amendments as and when required, which would mean some of the City’s existing projects would be delayed by 3-4 weeks. These would likely be the review of Local Planning Policy 7.4.5 Temporary Accommodation and the Mount Hawthorn Character Retention Area.