Agenda of Ordinary Council Meeting

AGENDA

Ordinary Council Meeting

15 September 2020

Time:

6pm

Location:

Administration and Civic Centre

244 Vincent Street, Leederville

David MacLennan

Chief Executive Officer

DISCLAIMER

No responsibility whatsoever is implied or accepted by the City of Vincent (City) for any act, omission, statement or intimation occurring during Council Briefings or Council Meetings. The City disclaims any liability for any loss however caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council Briefing or Council Meeting does so at their own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning or development application or application for a licence, any statement or intimation of approval made by an Elected Member or Employee of the City during the course of any meeting is not intended to be and is not to be taken as notice of approval from the City. The City advises that anyone who has any application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Council in respect of the application.

Copyright

Any plans or documents contained within this Agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.

Order Of Business

1 Declaration of Opening / Acknowledgement of Country. 7

2 Apologies / Members on Leave of Absence. 7

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

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

4 Applications for Leave of Absence. 11

5 The Receiving of Petitions, Deputations and Presentations. 11

6 Confirmation of Minutes. 11

7 Announcements by the Presiding Member (Without Discussion) 11

8 Declarations of Interest 11

9 Strategy & Development 12

9.1 No. 465 (Lot: 1; D/P: 5364) William Street, Perth - Proposed Change of Use from Eating House to Restaurant and Small Bar 12

9.2 Nos. 338-342 (Lots: 9 and 10; D/P: 2287) Oxford Street, Leederville - Change of Use from Educational Establishment to Place of Worship (Amendment to Approved) 37

9.3 No. 12 (Lot: 829 D/P: 40498) Newcastle Street, Perth - Proposed Third Party Digital Billboard Sign s.31 Reconsideration. 121

9.4 City of Vincent Rebound Plan. 173

10 Infrastructure & Environment 202

10.1 Waste Strategy Project - 8 Commercial Waste Collections (Update Report) 202

10.2 Manna Inc. Meal Service at Weld Square - Update. 223

11 Community & Business Services. 227

11.1 Lease of Community Building at Woodville Reserve, 10 Farmer Street, North Perth, Wadjak Northside Aboriginal Community Group. 227

11.2 Advertising of amendments - Purchasing Policy. 231

11.3 Investment Report as at 31 July 2020. 250

11.4 Financial Statements as at 31 July 2020. 260

11.5 Authorisation of Expenditure for the Period 1 July 2020 to 31 July 2020. 324

11.6 Adoption of Property Management Framework WITHDRAWN BY ADMINISTRATION. 342

12 Chief Executive Officer 343

12.1 Adoption of Corporate Business Plan 2020/21 - 2023/24 & Capital Works Program 2020/21 - 2023/24 [ABSOLUTE MAJORITY DECISION REQUIRED] 343

12.2 Repeal of the City of Vincent Parking and Parking Facilities Amendment Local Law 2020. 423

12.3 Outcome of advertising and adoption of amendments - Execution of Documents policy. 427

12.4 Outcome of advertising and adoption of Meeting Procedures policy. 439

12.5 Advertising of new policy - Policy Development and Review Policy. 451

12.6 New lease to Bethanie Group Inc. - Royal Park, 413 Bulwer Street, West Perth. 460

12.7 Sale of 202 (Lot 43) Vincent Street, North Perth to Main Roads WA. 465

12.8 Report and Minutes of the Audit Commitee Meeting held on 1 September 2020 and amendment to Audit Committee Terms of Reference. 474

12.9 Approval of Chief Executive Officer's appointment to the Australian Urban Design Research Centre Board. 526

12.10 New lease to Kidz Galore Pty Ltd - 15 Haynes Street, North Perth [ABSOLUTE MAJORITY DECISION REQUIRED] 529

12.11 Approval of Cr Joanne Fotakis' Appointment to the Perth Music Committee. 539

12.12 Information Bulletin. 553

13 Motions of Which Previous Notice Has Been Given. 651

Nil

14 Questions by Members of Which Due Notice Has Been Given (Without Discussion) 651

Nil

15 Representation on Committees and Public Bodies. 651

16 Urgent Business. 651

Nil

17 Confidential Items/Matters For Which The Meeting May Be Closed. 652

17.1 Mindarie Regional Council Strategy and Future Options WITHDRAWN BY ADMINISTRATION. 652

17.2 Annual CEO Performance Review 2019-20 and Key Performance Indicators 2020-21. 652

17.3 Installation of memorial plaque at Lynton Street Reserve. 652

18 Closure. 653

1 Declaration of Opening / Acknowledgement of Country

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

2 Apologies / Members on Leave of Absence

Nil

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

(B) Response to Previous Public Questions Taken On Notice

3.1 Sally Lake – Highgate – Item 12.6

The answer to Andrew Main’s question of 28^th July about street trees says the staff use the Street Tree Selection Tool together with the current policy and consultation and they act on a case by case basis. On Page 22 of the Four Year Capital Works Program (Item 12.6 in this agenda) it shows future expenditure will be determined on a “re‑assessment of the Street Tree masterplan”.

· Is there an existing Street Tree masterplan?

Administration has developed a traffic light assessment of all streets within the City in respect to existing tree canopy cover and this is referred to as the street tree masterplan.

· If yes, is it currently used to assist in decision-making?

This is one of the tools used by Administration to determine which areas require priority tree planting.

· Will the City make the Street Tree Selection Tool available to the community for their own use (e.g. place it on the web site)?

No, the Street Tree Selection Tool was developed as a tool for administrative use only and provides a guide for staff on street tree selection based on the various streetscape typologies within the City.

Dudley Maier – Highgate

1. At the last meeting I asked about one of the typos in the Built Form policy which resulted in council approving the policy with ambiguous lot setbacks. The response was that it is a typo which will be corrected without coming back to council.

1.1. Why is the administration assuming what council intended rather than bringing the change back to council for clarification?

The intent of the lot boundary setback provisions has been reported as providing separation between higher density development and lower density established residential areas.

The provision that is subject of the ambiguity applies to lots that are coded R80 and above. The provision was adapted from the former version of the R Codes as follows:

Width of the lot in metres
	(m)
	≤14	15	≥16
Side setback in metres (m)	3	3.5	4

In adapting this provision for inclusion in the Built Form Policy, there was an error in drafting. This error has since been corrected.

1.2. While in this instance it would not be logical for somebody to appeal in relation to this clause, if there was an appeal, would the City’s response be “it’s the vibe your honour”?

A 3 metre side setback would be permitted as of right for a 14 metre long wall in both the version of the Built Form Policy with the drafting error, as well as the version of the Policy that has since been corrected. This would be the case if a development application relating to this provision was appealed to the State Administrative Tribunal. This is because the deemed to comply side setback applicable for a 14 metre long wall would be both 3 and 4 metres based on the drafting error.

2. At the last meeting I asked about requirements of the Built Form Policy for all applicants to submit an Urban Design Study and meet specified ‘sustainability performance standards’. The answer said that the administration has been advising proponents of the requirements rather than saying that they are mandatory.

2.1. How many development applications submitted since 11 July 2020 have provided an Urban Design Study and demonstrated the required ‘sustainability performance standards’?

Since 11 July 2020 the City has received seven development applications which have required assessment against the Urban Design Study local housing objectives. Two of these provided an Urban Design Study at the time of lodgement. The City has requested the Urban Design Study in the remaining five applications.

Since 11 July 2020 the City has received five development applications which require assessment against the Environmentally Sustainable Design (ESD) local housing objectives. None of these provided information at the time of lodgement with respect to ESD considerations. The City has requested this ESD information for each of these applications.

2.2. How many development applications approved since 11 July 2020 have provided an Urban Design Study and demonstrated the required ‘sustainability performance standards’?

Since 11 July 2020 the City has determined four development applications which required assessment against the Urban Design Study local housing objectives. Two of these applications provided an Urban Design Study. Administration was satisfied that the remaining two applications adequately satisfied the applicable local housing objectives.

Since 11 July 2020 the City has determined four development applications which required assessment against the ESD local housing objectives. Each of these applications satisfied the applicable standards.

3. The reason that I ask is that I have heard on the grapevine that: 1 – some staff do not support these requirements for all DAs and feel that they are imposed by council; and 2 – staff are ignoring these requirements for applications that can be decided under delegation.

3.1. Will all future Development Applications be required to adhere to these two requirements or do the staff have some internal guidelines which indicate when they will turn a blind eye?

These ESD local housing objectives represent a Council adopted policy position and Administration will continue to work with applicants to ensure that these standards have been demonstrated to be satisfied.

4. At the last meeting I asked if recent Percent for Art grants conformed to the ‘Newbury Principles’. The answer said that the imposed condition was consistent with those principles. However my question was about the application of the condition, rather than the imposition of that condition. There is a nexus between the planning condition and the Percent for Art Policy - the policy is explicitly mentioned in the standard condition.

The Policy gives a clear indication that projects should result in tangible, physical works of art which ‘improve the quality of the City’s built environment’ (Objective 2).

I am not questioning whether some of the projects are worthy or not as arts projects per se – it is about whether the use of developer’s contributions are in accordance with the policy, or whether the Percent for Art is just used as a tax on development.

4.1. Do all recently funded projects comply with clause 2.5 of the Percent for Arts Policy and the definition of Professional Artist?

Yes

4.2. When were the ABNs for each of the artists made active?

Each of the applicants were required to provide the City with a current ABN as part of the EOI process. The City did not check when the ABN’s were activated, as that is not a relevant consideration”

4.3. What is the postcode of each artist’s home address?

Successful artists registered postcodes were: 6000, 6005, 6050, 6000,6006, 6016, 6027, 6006, 6003, 6061, 6003, 6148, 6006, 6006, 6006, and 6006.

Consideration was given to the fact that there are many artists who greatly contribute to Vincent’s creative community without being residents. Eligibility for the grant was not limited only to residents however grant recipients needed to demonstrate an ongoing contribution to arts in Vincent.

4.4. Prior to today, was clause 3.5 of the policy complied with, and if the response refers to the COVID-19 Committee, when was the power to approve the projects delegated to that committee?

This approval was delegated by Council to the COVID Relief and Recovery Committee in items 6.2 and 7.2 of the Special Council Meeting held 30 March 2020.

5. What council workshops have been held since 24 June and what topics were discussed at each workshop?

Workshops have been held on 4 August, 25 August and 1 September. Items discussed were as follows:

4 August 2020

· Long Term Financial Plan

· Draft Corporate Business Plan & Capital Works Program 2020/21 – 2023/24

· Public Open Space Implementation and Preliminary Cost Estimates for the Long Term Financial Plan

· Asset Management Strategy Objectives

25 August 2020

· Marketing Plan Consultation Process

· Draft Haynes Street Development Plan

· Mount Hawthorn and Oxford Street Speed Zone Review

· City of Vincent Bicycle Network Update

· Beaufort Town Square Concept Plan (Barlee Street Carpark)

· Purchasing Policy – Amendment

1 September 2020

· Prioritisation of 2020-21 Strategic Projects

· Vincent Rebound Plan

· Hyde Park Commercial Kiosk Proposal

· Draft amendments to R Codes Volume 1 and Planning and Development Regulations – State Government Planning Reforms

· Update of Local Government Review Panel final report and the City of Perth Inquiry

· FOGO Consultation and Communications Strategy – Revised Timeline as per Special Council Meeting held 30 March 2020.

Statement

Andrew Main – North Perth – Item 10.4

The aim of the LTCN should be to quickly increase the number cycling trips and people of all ages and abilities riding a bike. I do not believe it will achieve this.

One of my key concerns is the approach to place secondary routes on distributor roads with high volumes of vehicle traffic. Even if these routes were permitted by Main Roads WA, they will take a long time to build, are very expensive, and they are undesirable for bike riders due to conflicts with vehicle drivers, and the noise and air pollution from vehicles.

The solution is - wherever possible - to place these routes on roads designated as access roads in the State’s functional road hierarchy. The aim of the plan should be to minimise conflict between drivers and riders, because when you introduce conflict between motorists and bike riders the bike riders will always lose out

Placing the routes on access roads precludes the need for expensive ‘safe active street’ treatments of $1million per km.

Instead, routes can be made safe by preventing drivers using local roads except for those that live on the street or are visiting people that do. This can be done through the use of a modal filtering approach - examples of which are already present in the City. This approach is far less expensive and quicker to implement.

Comments on specific routes.

Bourke St - should not be a secondary route as it is a distributor road with high volumes of traffic. The secondary route should be placed on Emmerson and Richmond Street.

View Street should not be a secondary route as it is a distributor road with high volumes of traffic and is also on a steep hill which makes it very undesirable to ride on. Claverton Street should be the preferred route.

Angove Street should not be a secondary route for the same reasons as View St. Albert Street should be considered as the secondary route instead.

Vincent Street should not be a secondary route as it runs along the footpath, crosses many roads and driveways and there is conflict with pedestrians. Emmerson/Richmond Sts should be the preferred route.

Norfolk Street. I do not support the new idea to turn into Raglan Street then onto Ethel. Raglan is a narrow street on a steep hill. If it must turn off Norfolk, then Chelmsford or the lane behind, would be better options. However, my preference is that there be a shared path built on the northern boundary of Hyde Park taking riders to Throssell. This path would also benefit other uses of the park including accessibility for people in wheelchairs and pushing prams.

Mr Main provided feedback via email as part of the Long Term Cycle Network (LTCN) community consultation and attended the community forum on the 3^rd of August. The comments he provided were considered by the Administration and Department of Transport before the draft LTCN was updated.

Any new comments provided by Mr Main at the 18^th August Council Meeting have now been provided to the Department of Transport.

4 Applications for Leave of Absence

Mayor Emma Cole requested leave from 6 – 10 October 2020. A Deputy Member will be appointed to attend the 6 October 2020 COVID-19 Relief and Recovery Committee meeting.

5 The Receiving of Petitions, Deputations and Presentations

6 Confirmation of Minutes

Ordinary Meeting - 18 August 2020

7 Announcements by the Presiding Member (Without Discussion)

8 Declarations of Interest

8.1 Cr Topelberg declared an Impartiality interest in Item 9.1. The extent of his interest is that the applicant is a personal acquaintance.

8.2 Cr Topelberg declared a financial interest in Item 10.1. The extent of his interest is that he operates a business which will be directly affected by the proposed changes. He is not seeking approval to participate in the debate or vote in the matter.

Ordinary Council Meeting Agenda 15 September 2020

9 Strategy & Development

9.1 No. 465 (Lot: 1; D/P: 5364) William Street, Perth - Proposed Change of Use from Eating House to Restaurant and Small Bar

Ward: South

Attachments: 1. Consultation and Location Map ⇩

2. Development Plans ⇩

3. Venue Management Plan ⇩

4. Previously Approved Development Plans and Delegated Approval Notice ⇩

5. Summary of Submissions - Administration Response ⇩

6. Determination Advice Notes ⇩

Recommendation:

That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for a proposed Change of Use from Eating House to Restaurant and Small Bar at No. 465 (Lot: 1; D/P: 5364) William Street, Perth in accordance with the plans provided in Attachment 2, subject to the following Conditions, with the associated determination advice notes in Attachment 6:

1. This approval is for Change of Use from Eating House to Restaurant and Small Bar as shown on the approved plans dated 16 June 2020. No other development forms part of this approval;

2. Use of Premises

2.1 This approval is for Restaurant and Small Bar as defined in the City of Vincent Local Planning Scheme No. 2 and the subject land may not be used for any other use without the prior approval of the City;

2.2 The Small Bar and Restaurant shall be limited to the following hours of operation:

· 7:00am to 12:00am Monday to Sunday;

2.3 The Small Bar and Restaurant shall be limited to a maximum of 70 patrons at any one time; and

2.4 The Small Bar and Restaurant use shall operate in accordance with the approved Venue Management Plan at all times to the satisfaction of the City;

3. Acoustic Report

3.1 Within 30 days of the development approval an Acoustic Report, in accordance with the City's Policy No. 7.5.21 – Sound Attenuation and to the satisfaction of the City, shall be lodged with and approved by the City. All of the recommended measures included in the approved Acoustic Report shall be implemented as part of the development; and

3.2 Certification from an acoustic consultant shall be provided to the City that the recommended measures identified in the approved Acoustic Report have been undertaken to the City’s satisfaction, within 60 days of the development approval;

4. Doors and windows and adjacent floor areas fronting Brisbane Street and William Street shall maintain an active and interactive relationship with this street; Darkened obscured, mirrored or tinted glass or other similar materials as considered by the City is prohibited;

5. All external fixtures, such as television antennas (of a non-standard type), radio and other antennaes, satellite dishes, solar panels, external hot water heaters, air conditioners, and the like, shall not be visible from the street(s), are designed integrally with the building, and be located so as not to be visually obtrusive;

6. Parking and Access

A minimum of 5 off-street parking bays shall be provided for staff and customer use, to the satisfaction of the City. The parking bays are not to be used for storage purposes or the like;

7. All signage is to be in strict accordance with the City’s Policy No. 7.5.2 – Signs and Advertising, unless further development approval is obtained; and

8. Prior to occupancy or use of the development all off-street parking to be sealed, drained, line marked and accessible on-site during business hours for customers and staff.

Purpose of Report:

To consider an application for development approval for a change of use from Eating House to Restaurant and Small Bar at No. 465 William Street, Perth (subject site).

PROPOSAL:

The application proposes to change the use of the subject site from Eating House to Restaurant and Small Bar.

The premises is currently approved for use as an Eating House. The current change of use is required for the applicant to obtain a Small Bar liquor licence which allows patrons to stand and order drinks from the bar without ordering a meal.

The Small Bar component occupies the corner of the building where the existing bar area is located. The remainder of the public floor area would be used for seating associated with the Restaurant component.

The Restaurant and Small Bar are proposed to operate as follows:

· Operating hours Monday to Sunday from 7:00am – 12:00am;

· A maximum of 70 patrons on-site at any one time;

· Five full-time staff;

· Five car parking bays provided on-site for staff and customer use; and

· No bicycle parking bays provided on-site for staff and customers.

The application does not propose any internal or external works.

Background:

Landowner:	John Hull and Peter Nowelski
Applicant:	Honey & Smoke Pty Ltd
Date of Application:	16 June 2020
Zoning:	MRS: Urban LPS2: Zone: Commercial
Built Form Area:	Mixed Use Area
Existing Land Use:	Eating House
Proposed Use Class:	Restaurant and Small Bar
Lot Area:	424.6m²
Right of Way (ROW):	No
Heritage List:	No

The subject site is located at No. 465 William Street, Perth as shown on the location plan included as Attachment 1.

The site is currently developed with a single storey building that has an alfresco dining area at the front and parking at the rear that is accessed from William Street.

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

The subject site is bound by Brisbane Street to the south, William Street to the east, a motor vehicle repair premises to the north and single-storey grouped dwellings to the west. Adjoining properties to the east and west along Brisbane Street are zoned Mixed Use under LPS2. Adjoining properties along William Street to the south are zoned District Centre and to the north are zoned Commercial under LPS2.

A copy of the development plans have been included in Attachment 2. The applicant’s Venue Management Plan has been included as Attachment 3.

The proposed Restaurant and Small Bar use is currently temporarily exempt from the requirement to obtain development approval in accordance with the COVID Planning exemptions approved by Council at the 30 March 2020 Special Council Meeting. Under these temporary exemptions the applicant can begin operating the Restaurant and Small Bar use before development approval is granted to change the use of the subject site to Restaurant and Small Bar.

Planning and Development Amendment Regulations 2020

The Department of Planning Lands and Heritage is currently advertising amendments to the Planning and Development (Local Planning Scheme) Regulations 2015. The amendments propose to introduce a number of exemptions to reduce red tape for small business. If approved in the current draft form, the subject application would not meet the proposed Small Bar exemption as this is an ‘A’ use in the Commercial zone and would still require development approval.

Previous Approval

On 20 November 2015 the City approved a development application for ‘Change of Use from Office to Eating House including Alterations and Additions’ under delegated authority at the subject site. The application provided five car parking bays provided on-site and had a maximum number of 70 patrons. The approval was subject to conditions including:

· A cash-in-lieu contribution to be made for the approved car parking shortfall of 2.61 car bays;

· An Acoustic Report to be prepared, submitted and approved by the City; and

· Three Class 3 and two Class 1 or 2 bicycle parking bays to be provided prior to occupation.

A copy of the approved development plans and delegated approval notice are included in Attachment 4.

The City did not receive any formal complaints regarding amenity impacts associated with the Eating House when it was operating from late 2016 to late 2018.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of LPS2, Policy No. 7.5.7 – Licensed Premises and Policy No. 7.7.1 – Non-Residential Development Parking Requirements (Non-Residential Parking Policy). In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

Planning Element	Use Permissibility/ Deemed-to-Comply	Previously approved	Requires the Discretion of Council
Land Use			ü
Car Parking		ü
Bicycle Parking			ü
Hours of Operation			ü

Detailed Assessment

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

Land Use
Deemed-to-Comply Standard	Proposal
LPS2 Small Bar “P” Use	“A” Use
Bicycle Parking
Deemed-to-Comply Standard	Proposal
Policy No. 7.7.1 – Non-Residential Development Parking Requirements 2 short term bay and 3 long term bays required on‑site.	Nil bicycles bays provided on-site.
Hours of Operation
Deemed-to-Comply Standard	Proposal
Policy No. 7.5.7 – Licenced Premises Small bar permitted closing time on Sunday: 10:00pm	Small Bar proposed closing time on Sunday: 12:00am

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

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 and the City’s Policy No. 4.1.5 – Community Consultation for a period of 21 days from 30 July 2020 to 19 August 2020. The method of consultation included a sign being placed on‑site, a notice in the local newspaper and 510 letters being mailed to owners and occupiers of the properties adjoining the subject site, as shown in Attachment 1.

At the conclusion of the consultation period a total of 23 submissions were received, comprising of 20 submissions in support or conditional support of the proposal, one submission in objection to the proposal and two submissions which expressed concerns but did not specifically support or object to the proposal.

The submissions raised the following concerns:

· Noise emissions and loud music;

· Operating hours and anti-social behaviour; and

· Increased demand for on-street parking.

A summary of the submissions received and Administration’s comments with respect to these is provided in Attachment 5.

Design Review Panel (DRP):

Referred to DRP: No

The application did not require referral to the DRP given there are no works 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. 7.5.7 – Licensed Premises;

· Policy No. 7.5.21 – Sound Attenuation; and

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

Planning and Development Act 2005

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

LPS2

In considering the appropriateness of the use, Council shall have regard to the objectives of the Commercial zone under LPS2, as follows:

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

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

· To 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.

Delegation to Determine Applications:

The matter is being referred to Council in accordance with the City’s Delegated Authority Register as the delegation does not extend to applications for development approval that propose the land use ‘Small Bar’.

Risk Management Implications:

Low: 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

Small Bars are an ‘A’ use within the Commercial zone, meaning the use is not permitted unless Council exercises its discretion. In considering the appropriateness of the use, regard is given to the objectives of the Commercial zone under LPS2.

During the consultation period the City did not receive submissions relating specifically to the Small Bar use. Submissions were received in relation to impacts as a result of the use, including car parking, anti-social behaviour and noise.

The proposal is consistent with the objectives of the Commercial zone under LPS2 as follows:

· The subject site and adjoining properties along William Street have long been associated with commercial uses and the subject site abuts the Northbridge Town Centre to the south;

· The City’s Licensed Premises Policy recommends licensed premises to be concentrated within Town Centre areas. The proposal is compatible with and contributes to the diversity of dining and entertainment uses within the neighbouring Northbridge Town Centre and supports employment opportunities and economic development;

· The adaptive re-use of an existing vacant building is consistent with sustainability principles;

· The Small Bar and Restaurant would enhance amenity and revitalise a currently vacant site that lacks activation and integration with surrounding land uses. The existing ground floor design with large windows and an open alfresco area to Brisbane Street would encourage interaction with the streetscape;

· The applicant has provided a venue management plan to demonstrate that anti-social behaviour could be appropriately managed. An acoustic report has been conditioned to be provided to ensure impacts of noise on adjoining residential properties is appropriately mitigated;

· The proposal is of a similar intensity to the previously approved Eating House, given the same maximum patron numbers and operating hours are proposed; and

· The City did not receive any formal complaints regarding noise or other amenity impacts associated with the previous Eating House use when it was operating from late 2016 to late 2018. This indicates that the proposed uses are capable of operating from the subject site without generating nuisances detrimental to the amenity of the adjoining residential properties and wider locality.

Bicycle Parking

The City’s Non-Residential Parking Policy requires that the proposal provides two short-term bicycle bays and three long-term bicycle bays. A condition of the previously approved Eating House use required that these bicycle bays be provided but this condition was not satisfied. No bicycle bays are proposed to be provided as part of the application.

The proposed bicycle parking shortfall is acceptable for the following reasons:

· The subject site abuts the Northbridge Town Centre and is located in the Commercial zone under LPS2. This is a high amenity area connected with pedestrian paths and the wider bicycle network;

· The subject site is located on William Street which is a high frequency bus route;

· Four public short-term bicycle bays are located on the Brisbane Street verge directly in front of the subject site and another two are located on the verge on opposite side of Brisbane Street; and

· As the proposal is for licensed premises it is not expected that there would be a high number of patrons cycling to and from the subject site.

There is sufficient alternative transport methods and public bicycle parking within the vicinity of the subject site to accommodate staff and patron bicycle parking demand.

Hours of Operation

The Restaurant and Small Bar use proposes to vary the City’s Licensed Premises Policy in relation to its closing time on Sunday. Trading hours for an Eating House (Restaurant/Café) are unrestricted under the Licensed Premises Policy, being the current approved use of the site.

The City’s Licensed Premises Policy provides a guide for appropriate operating hours in various zones and permits a closing hour of 10:00pm on Sunday for a Small Bar in the Commercial zone and the application proposes a closing hour of midnight on Sunday.

The applicant has provided a Venue Management Plan addressing hours of operation, patron and anti-social behaviour and noise control. The Venue Management Plan is included at Attachment 3.

The proposed closing hour of midnight on Sunday is supported as the proposal would operate similar to a Restaurant. A Restaurant use has no restrictions on its opening hours within the Commercial zone. The Department of Local Government, Sport and Cultural Industries also permits Small Bars to operate up until midnight on Sundays under a Small Bar liquor licence. An acoustic report has been conditioned to be provided to ensure the proposal demonstrates compliance with the requirements of the City’s Policy No. 7.5.21 – Sound Attenuation for its operating hours.

Car Parking

The previous approval for an Eating House use at the subject site provided five car parking bays on-site and had a maximum number of 70 patrons on-site at any one time, as shown in Attachment 4 and was conditioned to pay a cash-in-lieu contribution for a 2.61 car bay shortfall. The proposed Small Bar and Restaurant use is consistent with the previous approval and provides five car parking bays on-site, as shown in Attachment 2, and proposes a maximum number of 70 patrons on-site at any one time.

The parking rates and method of calculation in the City’s Non-Residential Parking Policy for restaurant (eating house) land uses has not changed since the previous approval. The parking rate and method of calculation for small bar land uses is also the same as that of restaurant (eating house) land uses. Staff numbers were not included as part of the parking calculation for the previous approval and given that the floor area and patron numbers are not increasing as part of this application it is not expected that staff numbers will change between the previous use and the proposal.

As the parking rates have not changed and the same number of on-site car parking bays, staff and maximum patron numbers are proposed as the previous approval, the application does not propose a further car parking shortfall and car parking is not subject to discretion.

Acoustic Report

The City’s Policy No. 7.5.21 – Sound Attenuation requires development applications for public buildings (such as Small Bars) to be accompanied by an acoustic report. The applicant has not provided an acoustic report prepared by an Acoustic Consultant/Engineer and has instead provided written justification addressing management of noise generated on site, which is included in Attachment 3 and outlines the following:

· The venue would maintain a logbook for any complaints regarding noise and disturbance in the area. Any complaint received is entered into the book with the date, the time, the staff member who received the complaint and the action taken;

· Patrons would be requested to disperse from the premises in an orderly manner; and

· The Licensee (or representative) and Approved Manager would take necessary action to ensure all activities carried out on premises would not exceed the noise levels stipulated under the Environmental Protection (Noise) Regulations 1997.

Following a review of the applicants written justification, Administration recommends an acoustic report be prepared and submitted to the City by an Acoustic Consultant/Engineer. The subject site directly abuts residential properties and is introducing a Small Bar use that is associated with greater levels of noise than an Eating House (restaurant) use. While the applicant has stated that the proposal would comply with the Environmental Protection (Noise) Regulations 1997, appropriate acoustic measures would ensure that this occurs. The previous Eating House approval also included a condition which required an acoustic report to be submitted and approved by the City but this condition was not satisfied.

A condition is recommended for an acoustic report to be provided to ensure the proposed use is capable of operating from the subject site without generating nuisances detrimental to the amenity of the nearby properties or wider locality.

If the application is approved by Council, Administration would follow up compliance with this condition to ensure it is met within a reasonable period and that the recommendations as provided within the acoustic report are implemented.

Ordinary Council Meeting Agenda 15 September 2020

9.2 Nos. 338-342 (Lots: 9 and 10; D/P: 2287) Oxford Street, Leederville - Change of Use from Educational Establishment to Place of Worship (Amendment to Approved)

Ward: North

Attachments: 1. Consultation and Location Map ⇩

2. Supporting Information ⇩

3. Minutes of 13 December 2016 and 4 April 2017 Council Meetings and Approved 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 Change of Use from Educational Establishment to Place of Worship (Amendment to Approved) at No. 338-342 (Lots: 9 and 10; D/P: 2287) Oxford Street, Leederville, subject to the following conditions:

1. All development plans, conditions, requirements and advice notes detailed on development approval 5.2016.305.1 dated 4 April 2017 continue apply to this approval, except as follows:

1.1 Condition 2.1 is deleted and replaced with the following condition:

“2.1 The maximum number of persons permitted on the site shall be limited to:

· 360 persons from 10:00 am to 1:00 pm on Easter Sunday, Christmas Sunday, Father's Day Sunday and Mother's Day Sunday;

· 300 persons from 10:00am to 1:00pm Sundays, except Easter Sunday, Christmas Sunday, Father’s Day Sunday and Mother’s Day Sunday;

· 200 persons from 11:00am to 5:00pm Saturdays and 2:00pm to 8:00pm Sundays;

· 30 persons from 10:00am to 2.30pm Monday to Friday;

· 30 persons from 7:00pm to 10:00pm Monday to Thursday;

· 50 persons from 7:30pm to 10:00pm Friday; and

· 10 persons at all other times unless a revised Parking and Traffic Management Plan is submitted to an approved by the City in accordance with Condition 1. above, in which case the maximum number of persons permitted on the site will be limited by the approved Parking and Traffic Management Plan”.

1.2 Condition 14 is added:

“14 Noise Management

All recommendations and requirements detailed in the Acoustic Technical Memorandum by Lloyd George Acoustics dated 29 July 2020 (their reference 20065572-01A.docx), must be implemented, to the satisfaction of the City.”

Purpose of Report:

To consider an application for development approval for an amendment to condition of approval at Place of Worship at Nos. 338-342 Oxford Street, Leederville (subject site).

PROPOSAL:

The subject site is located at Nos. 338-342 Oxford Street, Leederville, as shown on the location plan as included as Attachment 1.

A Place of Worship has operated at the subject site from November 2018 in accordance with the development application approved by Council at the Ordinary Meeting of Council held on 4 April 2017.

The proposed development application seeks an amendment to the previously approved operating hours to broaden the usage of the building for church activities and community events.

The use currently operates in accordance with Condition 2.1 of the previous approval that provides the following operating hours and maximum persons:

· 360 persons from 10:00 am to 1:00 pm on Easter Sunday, Christmas Sunday, Father's Day Sunday and Mother's Day Sunday;

· 300 persons from 10:00am to 1:00pm Sundays, except Easter Sunday, Christmas Sunday, Father’s Day Sunday and Mother’s Day Sunday;

· 200 persons from 11:00am to 5:00pm Saturdays and 2:00pm to 4:00pm Sundays;

· 30 persons from 10:00am to 2.30pm Monday to Friday;

· 30 persons from 7:00pm to 10:00pm Monday to Thursday;

· 50 persons from 7:30pm to 10:00pm Friday; and

· 10 persons at all other times.

The application seeks to extend operating hours on Sunday evenings only, as detailed below:

Previously approved operating hours on Sunday:

· 200 persons from 2:00pm to 4:00pm.

Proposed operating hours on Sunday:

· 200 persons from 2:00pm to 8:00pm.

All other operating hours of the Place of Worship remain as per the previous development approval. The application does not propose any changes to the overall design and built form of the development.

The supporting information provided by the applicant is included in Attachment 2, including a summary of the proposed amendment, parking management plan and acoustic technical memorandum.

Background:

Landowner:	Sonlife Church Inc.
Applicant:	Sonlife Church Inc.
Date of Application:	25 February 2020
Zoning:	MRS: Urban LPS2: Zone: Mixed Use R Code: R100
Built Form Area:	Activity Corridor
Existing Land Use:	Place of Worship
Proposed Use Class:	Place of Worship
Lot Area:	Lot 9: 556m² Lot 10: 556m² Total: 1,112m²
Right of Way (ROW):	Eastern side, 5 metres in width, sealed
Heritage List:	Yes – Management Category A

The subject sites are zoned Mixed Use R100 under the City of Vincent Local Planning Scheme No. 2 (LPS2) and are located within the Activity Corridor Built Form Area under the City’s Policy No. 7.1.1 – Built Form (Built Form Policy).

The subject sites are bound by Oxford Street to the west, Franklin Street to the south, a right of way (ROW) to the east and an existing Single House to the north. Adjoining properties along Oxford Street are zoned Mixed Use R100 and consist generally of residential development and mixed commercial uses. Adjoining properties to the west are zoned Residential R30 and are used as an Educational Establishment (Aranmore Catholic College).

The subject sites are included on the City’s Municipal Heritage Inventory as Management Category A – Conservation Essential and the Heritage Council’s State Register of Heritage Places.

Previous Approval

At the Ordinary Council Meeting of 13 December 2016 Council approved the proposed change of use from ‘Educational Establishment’ to ‘Place of Public Worship’. At the Ordinary Meeting of Council on 4 April 2017 Council, in accordance with the Orders made by the State Administrative Tribunal, Section 31 of the State Administrative Tribunal Act 2004 (WA), varied its decision of 13 December 2016 for the proposed Change of Use from Educational Establishment to Place of Worship, by replacing Condition 2.2. The Minutes of the 13 December 2016 Ordinary Council Meeting, the Minutes of the 4 April 2017 Ordinary Council Meeting and previously approved development plans are included as Attachment 3.

Following renovations of the building, the Place of Worship obtained an Occupancy Permit in November 2018 and commenced operation.

The City has not received any formal complaints regarding amenity impacts or parking problems associated with the Place of Worship since its operation.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions of the City of Vincent Local Planning Scheme No. 2 (LPS2), the City’s Policy No. 7.5.2 – Signs and Advertising, Policy No. 7.7.1 – Non-Residential Parking Policy and Policy No. 7.6.1 – Heritage Management.

Planning Element	Use Permissibility/ Deemed-to-Comply	Previously approved	Requires further Discretion
Land Use		ü
Car Parking		ü
Bicycle Parking		ü
Signage		ü
Heritage Management		ü

The proposal does not require any further discretion from Council in relation to these planning elements.

Consultation/Advertising:

Community consultation was undertaken in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 for a period of 14 days from 6 April 2020 to 23 April 2020. The method of consultation included website notification and 19 letters being mailed to all the owners and occupiers of the properties adjoining the subject site, as shown in Attachment 1.

The City did not receive any community submissions in relation to the proposed application.

Design Review Panel (DRP):

Referred to DRP: No

The application did not require referral to the DRP given there are no internal or external works 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. 7.5.21 – Sound Attenuation; and

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

Planning and Development Act 2005

Delegation to Determine Applications:

The application is being referred to Council for determination in accordance with the City’s Register of Delegations, Authorisations and Appointments. The application proposes to amend a development approval that was previously determined by Council that impacts the conditions imposed.

Risk Management Implications:

Low: There are minimal risks to Council and the City’s business function when Council exercises its discretionary power to determine a planning application.

Strategic Implications:

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

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

Nil.

Comments:

Car Parking

The Place of Worship operates under an approved Parking Management Plan. In accordance with approval Condition 2.2, the Parking Management Plan is reviewed annually by the City. Administration completed the annual review of the Parking Management Plan in December 2019 and were satisfied that the Parking Management Plan has been effective in controlling the developments parking so that it does not adversely impact local residents and businesses.

An amended Parking Management Plan has been submitted to reflect the proposed operating hours on Sunday, as included in Attachment 2. The application proposes that the existing provisions and restrictions of the Parking Management Plan, Part 7 Weekend Special Events apply to the extended operating hours (detailed on pages 22 and 23 of the Parking Management Plan).

The parking locations for Sunday operation include the western side of Franklin Street, northern side of Marian Street and western side of Shakespeare Street south of Franklin Street. These areas do not overlap with the parking areas used by St Mary’s Church, being the eastern side of Franklin Street, central and northern side of Shakespeare Street and the Aranmore Car Park.

Based on parking surveys taken in locations detailed above, Part 7 of the Parking Management Plan estimates that there is an average 107 vacant car bays available on weekends. Part 7 of the Parking Management Plan estimates that based on a total occupancy of 200 people there would be a parking demand of 90 car bays on Sunday, which would utilise 84 percent of the on-average vacant bays.

After almost two years of operation, the Place of Worship has demonstrated that the parking for the development can be accommodated away from both residential properties and Oxford Street and that the use does not have a detrimental impact on traffic or parking for residents or business in the area. The Parking Management Plan demonstrates that parking could be accommodated for the proposed additional operating hours on Sunday and that the development does not result in a further shortfall to the previously approved parking shortfall.

Noise Management

The applicant submitted an Acoustic Technical Memorandum in support for the extended operating hours on Sundays to 8:00pm, as included in Attachment 2.

The acoustic report confirmed that noise levels generated from the premises during the proposed operating hours would comply with the relevant assigned noise levels under the Environmental Protection (Noise) Regulations 1997. The memorandum demonstrates that the proposed use is capable of operating from the subject site without generating nuisances detrimental to the amenity of the nearby properties or wider locality.

A condition of development approval has been included that requires all recommendations and requirements detailed in the Acoustic Technical Memorandum to be implemented.

Ordinary Council Meeting Agenda 15 September 2020

9.3 No. 12 (Lot: 829 D/P: 40498) Newcastle Street, Perth - Proposed Third Party Digital Billboard Sign s.31 Reconsideration

Ward: South

Attachments: 1. Location and Consultation Plan ⇩

2. Development Plans ⇩

3. Previous Council Refusal Plans ⇩

4. 17 March 2020 Ordinary Council Meeting Minutes ⇩

5. Applicant's Written Justification ⇩

6. Applicant's Draft Signage Strategy ⇩

7. Perspective Images from Mixed Use R160 Site at No. 71 Edward Street, Perth ⇩

8. Updated Crash Calculation Data ⇩

9. Summary of Submissions - Administration's Response ⇩

10. Summary of Submissions - Applicant's Response ⇩

Recommendation:

That Council, in accordance with Section 31 of the State Administrative Tribunal Act 2004, the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, AFFIRMS its decision of 17 March 2020 and REFUSES the application for the proposed Third Party Digital Billboard Sign at No. 12 (Lot: 829; D/P: 40498) Newcastle Street, Perth, in accordance with the plans in Attachment 2, for the following reasons:

1. The proposed Third Party Digital Billboard Sign does not comply with the standards of the City’s Policy No. 7.5.2 – Signs and Advertising as it constitutes a Billboard advertising third party content. The proposed Third Party Digital Billboard Sign would not satisfy the objective or design principles of the City’s Policy 7.5.2 – Signs and Advertising as the size, scale, visual prominence and advertising content:

1.1 Would not be compatible with its setting and is inconsistent with Clause 67(m) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015;

1.2 Would have an adverse impact on the amenity of the surrounding area and is not consistent with the objective of the City’s Policy No. 7.5.2 – Signs and Advertising and Clause 67(n) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015; and

1.3 Would have the potential to impact on the safety of motorists and is inconsistent with Clause 67(r) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015; and

2. The proposal does not meet the requirements of the Policy and Application Guidelines for Advertising Signs Within and Beyond State Road Reserves, taking into account the submission received from Main Roads WA as per Clause 67(za) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Purpose of Report:

To reconsider an application for development approval at the invitation of the State Administrative Tribunal (SAT) for an addition to the existing four storey commercial building including a rooftop terrace and a large format digital billboard sign for the purposes of displaying third party advertisements at No. 12 Newcastle Street, Perth (the subject site).

PROPOSAL:

The application proposes an addition to the existing four storey commercial building including a rooftop terrace and a large format digital billboard sign for the purposes of displaying third party advertisements at the subject site. Details of the proposal are as follows:

· The addition would be constructed on the roof of the existing building and have a maximum height of 8 metres above the existing roof line. The addition would be setback 2 metres from Lord Street to the south east, 3.6 metres from Newcastle Street to the south west and 15 metres to the north eastern and north western lot boundaries;

· The large format digital billboard signage would be affixed to the proposed addition and the digital screen would be 4.83 metres in height and 17.63 metres in width with a total area of 82.2 square metres. The sign would be oriented so that it is visible to motorist travelling westbound on the Graham Farmer Freeway before they enter the tunnel;

· The large format digital sign would be operated in accordance with a signage strategy prepared by the applicant which is included in Attachment 6, would be turned off between midnight and 5:00am every day of the year and be fitted with a light sensor that adjusts the brightness to suit ambient light conditions;

· The remaining three elevations of the addition would not have any signage and would be detailed in a contemporary manner with grey cladding and ‘hit and miss’ openings;

· The rooftop terrace would be integrated into the design of the addition. The terrace would be accessed via a new staircase from the upper floor lobby of the existing building and be used by tenants of the existing building; and

· A 72 panel solar array would be installed on the roof of the existing building.

Background:

Landowner:	Dorado Income Asset 18 Pty Ltd
Applicant:	Adbrands Media
Date of Application:	14 April 2020
Zoning:	MRS: Urban LPS2: Zone: Mixed Use R Code: R100
Built Form Area:	Activity Corridor
Existing Land Use:	Office
Proposed Use Class:	Addition to Office (Third Party Digital Billboard Sign)
Lot Area:	1,749m²
Right of Way (ROW):	No
Heritage List:	No

The subject site is located at No. 12 Newcastle Street, Perth, and is above the Graham Farmer Freeway tunnel, as shown on the location plan included as Attachment 1. The subject site is bound by Newcastle Street to the south, Lord Street to the east and three storey office buildings to the north and west.

The subject site and all directly adjoining properties are zoned Mixed Use R100 under the City of Vincent’s Local Planning Scheme No. 2 (LPS2). The subject site is located within the Activity Corridor area and has a six storey building height limit under the City’s Policy No. 7.1.1 – Built Form (Built Form Policy). The subject site is located on the boundary between the City of Vincent and the City of Perth. The adjacent land to the south within the City of Perth is zoned City Centre under the City of Perth’s City Planning Scheme No. 2 and there is a recently completed development at this site which is nine storeys and 54 metres high.

The subject site currently contains a four storey office building which was approved by the City in 2008. The surrounding area is characterised by multistorey commercial buildings which include signage affixed to the facades, but do not include signage protruding above the roofline. There are no existing approved examples of large format digital signage in the immediate locality.

At its Ordinary Meeting on 17 March 2020, Council resolved to refuse the development application for a third party digital billboard sign at the subject site in line with Administration’s recommendation, for the following reasons:

1. The proposed Third Party Digital Billboard Sign does not comply with the requirements of the City’s Policy No. 7.5.2 – Signs and Advertising as it constitutes a Billboard advertising third party content;

2. The proposed size, scale and visual prominence of the Third Party Digital Billboard Sign:

2.1 Would not be compatible with its setting and is inconsistent with Clause 67(m) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015;

2.2 Would have an adverse impact on the amenity of the surrounding area and is not consistent with the objective of the City’s Policy No. 7.5.2 – Signs and Advertising and Clause 67(n) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015; and

2.3 Would have the potential to impact on the safety of motorists and is inconsistent with Clause 67(r) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015; and

3. The proposal does not meet the requirements of the Policy and Application Guidelines for Advertising Signs Within and Beyond State Road Reserves, taking into account the submission received from Main Roads WA as per Clause 67(za) of the Deemed Provisions in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

The minutes of the 17 March 2020 Ordinary Council Meeting are included as Attachment 3 and the previously refused plans are included as Attachment 4.

On 15 May 2020 following Council’s refusal, the applicant submitted an application for review of this decision by the SAT. Administration, City of Vincent Mayor Cole and Councillor Topelberg attended a mediation session on 2 July 2020 where the SAT invited the City to reconsider its decision pursuant to Section 31 of the State Administrative Tribunal Act 2004, subject to amended plans and additional information being submitted by the applicant to address the reasons for refusal.

Following mediation, the application submitted amended plans and additional information for the City’s reconsideration at the invitation of the SAT, summarised as follows:

· The proposed size of the digital screen has been reduced by 35.8 square metres, from 121 square metres down to 85.2 square metres. The overall height and built form of the proposed structure to which the sign would be attached remains unchanged;

· A draft signage strategy in support of the proposed sign has been submitted;

· Perspective images of the proposed sign as viewed from the Mixed Use R160 zoned site at No. 71 Edward Street, Perth have been submitted; and

· Updated crash calculation data and further written justification from a traffic consultation (Transcore) has been submitted.

The amended plans for reconsideration are included in Attachment 2, the applicant’s draft signage strategy is included in Attachment 6, the perspective images are included in Attachment 7, the updated crash calculation data is included in Attachment 8 and the applicant’s written justification is included in Attachment 5.

Details:

Summary Assessment

The table below summarises the planning assessment of the proposal against the provisions LPS2 and Policy No.7.5.2 – Signs and Advertising (Signage Policy) and Policy No. 7.1.1 – Built Form. In each instance where the proposal requires the discretion of Council, the relevant planning element is discussed in the Detailed Assessment section following from this table.

Planning Element	Use Permissibility/ Deemed-to-Comply	Requires the Discretion of Council
Signage		ü
Building Height		ü
Visual Privacy		ü
Universal Design		ü

Detailed Assessment

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

Signage

Deemed-to-Comply Standard

Proposal

Policy No. 7.5.2 – Signs and Advertising

Part 2(i) – Standards Common to all Signs

All advertisement signs are to:

a) Not pose a threat to public safety or health.

The proposed signage would require motorists to look up away from the road to view the sign when travelling westbound along Graham Farmer Freeway and southbound along Lord Street. The size, scale, digital nature and visual prominence of the sign could be distracting to motorists and cause threat to public safety or health.

d) not comprise flashing, intermittent or running lights, or images that change more than once in any five minute period.

The applicant has advised that the screen would display each advertisement for no less than 30 seconds.

f) No signage is permitted on fences, walls or the like structures which do not form an integral part of the building.

Signage is proposed as part of a new structure to be placed on top of the existing building.

Policy No. 7.5.2 – Signs and Advertising

Part 3(i) – Sign Specific Standards: Above Roof Sign

The construction of a new Above Roof Sign is as follows:

a) No Above Roof Sign is permitted to be erected on buildings except where such signs are designed as an integral part of design of the building and are for the purpose of the identification of the building, its ownership or the major activities carried on within it.

Signage is proposed as part of a new structure to be placed on top of the existing building and is not for the purposes of identifying the building or the activities carried on within it.

b) An Above Roof Sign other than those identified in a) above, are only permitted where it can be demonstrated that they do not adversely affect the character or amenities of the area in which they are to be situated, or those of other areas.

The signage would be of a size, bulk and scale that is not consistent with the existing building or surrounding streetscape.

c) No Above Roof Sign is to protrude above the highest ridge of the roofline.

Signage protrudes 8 metres above the existing roofline.

A maximum of one Above Roof Sign may be placed on a building and is to:

b) Comply with the following table:

Height of Roof	Maximum Projection above Roof	Maximum Area
> 8 metres	4 metres	18 square metres

Height of Roof	Maximum Projection above Roof	Maximum Area
14.2 metres	8 metres	85.2 square metres

Policy No. 7.5.2 – Signs and Advertising

Part 3(iiii) – Bill Posting and Billboards

Bill Posting, Billboards and the structures of a similar or identical type are not permitted within the City of Vincent

The application proposes the installation of a billboard sign on the subject site for the purposes of third party advertising.

Building Height

Deemed-to-Comply Standard

Proposal

Policy No. 7.1.1 – Built Form, Volume 3, Clause 2.1

20.5 metre concealed roof height

Proposed concealed roof height of 22.2 metres.

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 underwent community consultation prior to being refused by Council for a period of 14 days to all owners and occupiers of the surrounding properties within 150 metres of the subject site, as shown in Attachment 1. The City received a total of five submissions, four in objection and one in support of the proposal during the community consultation period. A summary of the submissions received and Administration’s response to these is provided in Attachment 9. The applicant’s response to the summary of submissions is included in Attachment 10.

Following the initial refusal of the application the applicant has submitted amended plans for reconsideration at the invitation of the SAT and there has been a change to the planning framework.

Further community consultation was not undertaken as a result of the amendments to the plans which propose to reduce the size of the digital screen by 35.8 square metres however the overall size and built form of the proposed addition is unchanged from what was previously refused by Council.

Council approved Amendment 2 to the Built Form Policy at its 16 June 2020 meeting which came into effect on 11 July 2020. The City has undertaken an assessment of the plans submitted for reconsideration against the provisions of the amended Built Form Policy. Further community consultation was not undertaken as a result of the changes to the planning framework because it does not result in any additional departures which could have an adverse impact on adjoining properties or the streetscape.

Main Roads WA

The plans previously refused by Council were referred to Main Roads WA (MRWA) for comments due to the location of the subject site above the Graham Farmer Freeway. MRWA advised that it did not support the application in accordance with the MRWA’s Policy and Application Guidelines for Advertising Signs Within and Beyond State Road Reserves (MRWA Policy) for the following reasons:

· The signage fails to comply with the Turbulence Zone and Extension Zone of the MRWA Policy;

· The signage fails to comply with the maximum dimensions listed in the MRWA Policy; and

· The Safety Assessment Review Report crash analysis concluded that the signage is above the critical crash threshold, and failed this criteria.

MRWA have reviewed the amended plans and additional supporting information submitted for reconsideration at the invitation of the SAT and advised that whilst the signage now complies with the maximum dimensions listed in the MRWA policy, they continue to object to the proposal because it fails to comply with crash rate and site location requirements.

Design Review Panel (DRP):

Referred to DRP: Yes

The plans previously refused by Council were referred to the DRP on five occasions and whilst the proposed design outcome did improve as a result of the DRP process, the commentary throughout this process consistently outlined concerns that the size of the proposed screen would be disproportionate to the existing building to which it relates.

Whilst the amended plans submitted to the City for reconsideration at the invitation of the SAT propose to reduce the size of the digital screen by 35.8 square metres, the overall height and built form of the proposed structure to which the sign would be attached remains unchanged and there are no further changes proposed from a design perspective. These plans were referred to the DRP chairperson who has advised that the reduction in the size of the digital screen would not be sufficient to address the previous concerns raised in relation to built form and scale given that the size of the overall structure has not been amended to reflect the reduced screen size.

The below table demonstrates how the proposal has progressed through the DRP process in accordance with the Ten Principles of Good Design.

Design Review Progress
	Supported
	Pending further attention
	Not supported
	No comment provided
		DRP 1 14/08/2019	DRP 2 23/09/2019	DRP 3 27/11/2019	DRP 4 15/01/2020	DRP Chair Comments 11/02/2020	DRP Chair Comments 18/8/2020
Principle 1 – Context & Character
Principle 2 – Landscape Quality
Principle 3 – Built Form & Scale
Principle 4 – Functionality & Built Quality
Principle 5 – Sustainability
Principle 6 – Amenity
Principle 7 – Legibility
Principle 8 – Safety
Principle 9 – Community
Principle 10 – Aesthetics

Legal/Policy:

· Planning and Development Act 2005;

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

· State Administrative Tribunal Act 2004;

· City of Vincent Local Planning Scheme No. 2;

· Policy No. 4.1.5 – Community Consultation;

· Policy No. 7.1.1 – Built Form;

· Policy No. 7.5.2 – Signs and Advertising;

· Development Design Guidelines for Structures Above or Adjacent to the Graham Farmer Freeway Tunnel Northbridge; and

· Main Roads WA Policy and Application Guidelines for Advertising Signs within and Beyond State Road Reserves.

Should Council resolve to approve the application, the approval would only be issued under the City’s Local Planning Scheme No. 2. Council would not have the delegation to approve the application under the Metropolitan Region Scheme (MRS) and it would need to be referred to the Western Australian Planning Commission (WAPC) for determination in accordance with Clause 4(b) of the WAPC instrument of Delegation (DEL 2017/02). This is because Main Roads WA has provided a recommendation that it is not supportive of the application.

Delegation to Determine Applications:

This matter is being referred to Council because it is a request from the State Administrative Tribunal to reconsider the previous decision of Council under section 31 of the State Administrative Tribunal Act 2004.

Risk Management Implications:

Low: 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:

Should this application proceed to a full SAT hearing, the City would incur a cost related to the engagement of a consultant.

Comments:

The applicant submitted amended plans and additional information following SAT mediation to address the Council’s reasons for refusal. These amendments and additional information are outlined in the background section above. The acceptability of the plans in light of the Council’s reasons for refusal and following an assessment against Amendment 2 to the Built Form Policy is discussed below:

Reasons for Refusal

Reason 1: Billboard Sign Advertising Third Party Content

The City’s Policy No. 7.5.2 – Signs and Advertising (Signage Policy) states that billboard sign advertising products or services which are not being offered on the site (third party content) are not permitted within the City of Vincent. The plans previously refused by Council included a billboard sign for the purposes of advertising third party content to motorists travelling westbound on the Graham Farmer Freeway. The amended plans submitted by the applicant for reconsideration at the invitation of the SAT maintain this element of the proposal.

In response to the reasons for refusal the applicant has advised that they believe that refusal reason 1 would not be a valid reason for refusal because it refers to non-compliance to the standards of the Signage Policy. The applicant’s justification is that where a proposal does not comply with these standards the City is required to consider the proposal against the design principles set out under clause 5(i) and (ii) of the Signage Policy before exercising its discretion to approve or refuse the application depending on whether the design principles are satisfied or not. The reasons why the proposal would not satisfy the objective or design principles of the Signage Policy were outlined by Administration in the comment section of the previous report presented to Council with a recommendation for refusal on 17 March 2020 and are summarised below:

· The size of the prosed sign would be disproportionate to the existing building to which it relates;

· The display of third party advertisements would be inconsistent with the nature of existing signs and the character of the immediate area;

· The size of the digital screen would be excessive in its context and inconsistent with existing signage within the surrounding area which would result in an adverse impact on the streetscape character; and

· The comments provided by MRWA outline that the proposed site location and size of the sign would be inconsistent with the MRWA Policy and raises concerns in relation to the safety of motorists travelling westbound on the Graham Farmer Freeway.

In reconsidering the proposed development, the amendments to the plans and additional information would not be sufficient to adequately satisfy the objective and design principles of the Signage Policy or resolve the previous reasons for refusal. Administration recommends that refusal reasons 1 and 2 be amalgamated for further clarity. The acceptability of the amended plans with regard to refusal reason 2 is discussed in further detail under the relevant section of this report below.

The City’s Signage Policy outlines that where an application proposes signage that advertises services or products other than those available on the lot (third party content), a signage strategy for the whole site shall be submitted to the satisfaction of the City. The plans previously refused by Council were not accompanied by a signage strategy but the applicant has now provided a draft signage strategy in support of the amended plans submitted for consideration. The draft signage strategy is included in Attachment 6 and outlines the following:

· The operator shall comply with the Australian Association of National Advertisers Code of Ethics in respect of content of the advertising;

· The operator shall ensure that no third party advertising be displayed which is deleterious to the City, meaning advertisements which directly or by implication unduly undermine the City as a primary destination for retail and commerce or compares the City unfavourably to the location the subject of the advertisement;

· All advertisements shall be restricted to static displays that contain only single, self-contained messages that have a dwell duration of transition between the full display of one message and the full display of the next message not exceeding 0.1 seconds. Transitional effects such as fly-in, fade-out and scrolling shall not occur;

· The sign shall not display advertising in a format that is normally used for traffic control or warning, incident or traffic management, or road safety or driver information messages;

· The advertising panels will be maintained to a high standard at all times and the operator will repair any damage to the advertising panels as soon as possible;

· Complaints in relation to any advertising content shall be lodged with the Advertising Standards Bureau;

· In any instance where the City considers that the content or condition of the signage breaches the signage strategy, the City shall advise the operator of the particular concern and the operator shall respond to the City in one of the following ways:

o Where the nature of the complaint relates to maintenance or damage, the operator will comply with the written direction of the City within reason;

o Where the operator agrees with the City’s concern regarding content, the content of the advertising panel will be removed within 48 hours of receipt of the complaint;

o Where the operator does not agree with the City’s concerns regarding content, the concerns shall be lodged by the City with Advertising Standards Bureau for further consideration.

· Should ownership of the signage ever be assigned, the assignee would update the strategy to the satisfaction of the City. The applicant states that it is envisaged that this would be secured by a legal agreement between the operator and the City;

· The applicant has advised that they would be in agreement for a condition of approval requiring an amended signage strategy to be submitted which addresses any outstanding concerns, to the City’s satisfaction.

Whilst the proposed amendments to the plans and additional information would not be sufficient to adequately satisfy the objective and design principles of the Signage Policy or the previous reasons for refusal, Administration accepts that the applicant’s draft signage strategy would provide sufficient guidance for the operation of the sign. Should the proposed development be approved, a condition would be recommended requiring the sign to operate in accordance with the draft signage strategy.

Following refusal of the previous plans, the applicant has stated that they believe the proposed sign should be assessed as a hoarding sign rather than an above roof sign. In assessing the proposed development Administration reviewed the definitions provided under the Signage Policy and has given specific consideration to the following:

· Above Roof Sign means an advertisement sign which protrudes above the normal roof line with little or no relation to the architectural design of the building, but does not include a Created Roof Sign.

· Created Roof Sign means an advertisement sign which is affixed to the fascia, the roof itself or forms part of a projection above the eaves or ceiling of the building and complements the architectural style of the building, but does not include an Above Roof Sign.

· Hoarding Sign means an advertisement sign with its largest dimension being horizontal and a portion of the sign being greater than 1.2 metres above the finished ground level.

· Billboard means a sign erected for the purpose of advertising products or services which are not being offered on a site on which the sign is erected.

In reconsidering the proposed development, Administration affirms its determination that the proposed sign would constitute an above roof sign and a billboard sign because the digital screen is of a size and scale which would be inconsistent with the existing building to which it relates and would advertise third party content. Notwithstanding, whether the sign is assessed against the provisions relating to above roof sign, created roof sign or hoarding sign, the size of the digital screen would exceed the deemed-to-comply standards and requires consideration against the objective and design principles of the Signage Policy.

Reasons 2.1 and 2.2: Compatibility of Setting and Amenity of Surrounding Area

The plans previously refused by Council proposed a billboard sign for the purposes of advertising third party content which would not comply with the standards outlined in the Signage Policy. The application was considered against the following objective and design principles of the Signage Policy:

Policy Objective:

To ensure that the display of advertisements on properties does not adversely impact upon the amenity of the surrounding areas while providing appropriate exposure of activities or services.

Design Principles:

a) The scale and design of the proposed signage is appropriate to the building and the architectural detailing to which it relates;

b) The scale and design of the proposed signage is compatible with existing surrounding development and is appropriate to the general nature of land use in the area;

c) The proposed signage does not dominate the streetscape;

d) The proposed signage does not block important views, obscure architectural detailing or is not detrimental to the amenity of nearby properties; and

e) The proposed signage does not result in the destruction of important elements of the building fabric.

The application was ultimately refused following consideration against the objective and design principles because it would not be compatible with its setting and would have an adverse impact on the amenity of the surrounding area. A summary of the reasons why the proposal was determined not to meet the objective and design principles is outlined below:

· The size of the proposed sign would be disproportionate to the existing building to which it relates;

· The display of third party advertisements would be inconsistent with the nature of existing signs and the character of the immediate area;

With respect to the proposed signs compatibility with its setting and in response to the previous reason for refusal the applicant has submitted amended plans reducing the size of the digital screen from 121 square metres down to 85.2 square metres and provided the following written justification in support of the proposal:

· The scale of the proposed development is consistent with the heights expected on the Newcastle Activity Corridor area under the City’s Built Form Policy which provides for a six storey building height limit;

· The proposed development has been designed by a reputable local architect, to complement the style of the existing building;

· The proposed development is compatible with the scale of existing surrounding development, and will not dominate the streetscape given the height of the proposed development is less than half that of the neighbouring building on the opposite side of Newcastle Street;

· The digital screen is smaller than the size of signage on the neighbouring building on the opposite side of Newcastle Street which contains 2 large signs;

· There is limited visibility to the proposed development and digital screen by people traveling along Newcastle Street or Lord Street; and

· The proposed development does not block any important views, obscure any existing architectural detailing or require the destruction of important elements of the existing building fabric.

With respect to the proposed signs impact on the amenity of the surrounding area and in response to the previous reason for refusal the applicant has provided the following written justification in support of the proposal:

· Amenity is defined under the deemed provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 as meaning all those factors which combine to form the character of an area and include the present and likely future amenity. The proposed development is consistent with the character of existing and likely future surrounding development and therefore cannot have an adverse impact on amenity; and

· The applicant has submitted perspective images to demonstrate how the proposed sign would appear from a potential mixed use development at No. 71 Edward Street, Perth which are included in Attachment 7. The proposed development would not unreasonably obscure sightlines to the City and would not look out of place in the context of surrounding development.

In reconsidering the proposal, the amended plans and additional information submitted by the applicant does not address the concerns relating to the proposed signs compatibility with its setting or impact on the amenity of the surrounding area and it is recommended that the previous refusal reason 2.1 and 2.2 (now 1.1 and 1.2) be maintained for the following reasons:

· Whilst the size of the proposed screen has been reduced from 121 square metres down to 85.2 square metres, this would still exceed the 18 square metre standard outlined in the Signage Policy for an above roof sign. The overall height and built form of the proposed structure to which the sign would be attached remains unchanged. The amended plans were referred to the DRP chairperson who advised that the reduction in the size of the digital screen would not be sufficient to address the previous concerns raised in relation to built form and scale given that the size of the overall structure has not been amended to reflect the reduced screen size. The screen size would be excessive in its context and inconsistent with existing signage within the surrounding area which would result in an adverse impact on the streetscape character;

· The locality is characterised by medium to high density commercial development and is envisaged as being an Activity Corridor under the Built Form Policy. The advertising for commercial tenancies in the immediate area promote only the businesses and services offered at the respective sites. These instances of advertising signs are affixed to the façade of the building, do not protrude above the roofline, are not digital and are proportionate and relevant to the premises where they are located. The proposed billboard sign would protrude above the roofline, be digital, display third party advertising that do not relate to the site and be disproportionate in size in comparison to the existing building to which it relates. The proposed billboard sign displaying third party advertisements would be inconsistent with the nature of existing signs and the character of the immediate area;

· The Signage Policy sets out that an illuminated sign should not change more than once in a five minute period. The billboard is proposed to display advertising images for a period of no less than 30 second which would be inconsistent with the policy standards. The constant changing of advertising material would be inconsistent with existing signage in the immediate area and would constitute a proliferation of signage that would be detrimental to the character of the area; and

· The existing concrete batching plant at No. 71 Edward Street, Perth is to cease operation on 30 June 2024. This site has a density coding of R160 and is zoned Mixed Use under Local Planning Scheme No. 2, and is permitted a building height of eight storeys under the Built Form Policy. The site is located approximately 105 metres to the north-east of the building at No. 12 Newcastle Street on which the sign is proposed to be located. As illustrated by the perspective images included in Attachment 7, the proposed sign would be visible from any future development at No. 71 Edward Street when looking towards the City from the site given that there is only road reserve between the site and the proposed sign so there would be no other buildings in future to screen its view. The proposed sign could have an adverse impact on the amenity of occupants at a future development at No. 71 Edward Street because it would be illuminated and advertising third party content until 12:00pm every day of the year.

Reasons 2.3 and 3: Safety of Motorists

The City’s Signage Policy states that signage should not pose a threat to public safety or health. The plans previously refused by Council proposed a 121 square metre digital billboard sign for the purposes of advertising third party content to motorists travelling westbound on the Graham Farmer Freeway before entering the tunnel. The application was previously refused by Council in line with referral comments provided by MRWA which advised that the proposed site location and size of the sign would be inconsistent with the MRWA Policy and would have the potential to impact on the safety of motorist.

The applicant has submitted updated crash rate calculations for the five year period ending December 2019 and further written justification prepared by a traffic consultant (Transcore) in support of the amended plans. The updated crash rate calculations are included in Attachment 8, the applicant’s written justification is included in Attachment 5 and both are summarised as follows:

· The proposal fails the crash rate criteria outlined under the MRWA Policy due to one crash in the westbound direction on the Graham Farmer Freeway which occurred on 27 September 2015 approximately 920 metres from the proposed sign location. The proposed sign would not be visible from the crash location;

· The crash that causes the site location to fail the crash rate criteria under the MRWA Policy involved a driver entering the East Parade off ramp in the wrong direction, travelling eastbound on the westbound side of the Graham Farmer Freeway and causing a fatal crash. The applicant has requested that MRWA exclude this crash from the calculation because it is an outlier and not representative of safety levels along this section of the Graham Farmer Freeway. The applicant states that if this crash was to be excluded from the crash data, the proposed sign location would satisfy the crash rate criteria of the MRWA Policy;

· The Safety Assessment Review Report prepared by Donald Veal Consultants and submitted with the plans previously refused by Council demonstrates that whilst the proposed development does not comply with some of the standards contained within MRWA Policy, the areas of non-compliance are no more or less than other existing and approved signs within the Perth Metropolitan area, including those owned or operated by the State; and

· Clause 67(t) of the Planning and Development (Local Planning Schemes) Regulations 2015 Deemed Provisions does not mandate a no-risk approach to consideration of the application. The reasonable level of risk should be determined by reference to existing and approved digital signage, including that owned or controlled by the State.

The amended plans and additional information submitted to the City for reconsideration has been referred to MRWA who have advised that they continue to object to the proposal as it fails the crash rate criteria of the MRWA Policy. With respect to the applicant’s further written justification, MRWA advised that the discretionary omission of crashes from the crash rate calculation is not acceptable. In reconsidering the proposal, the amended plans and additional information submitted by the applicant does not address the concerns relating to the safety of motorists and it recommended that the previous refusal reasons 2.3 and 3 (now 1.3 and 2) be maintained accordingly.

Built Form Policy Amendment 2 Assessment

The plans which were previously refused by Council on 17 March 2020 were assessed against the provisions of the Built Form Policy, prior to Amendment 2 to this policy being approved by Council at its 16 June 2020 meeting and taking effect following notice of the adoption which occurred on 11 July 2020. Whilst the overall size and built form of the proposed development remains unchanged, an assessment of the amended plans has been undertaken against the amended Built Form Policy and discretion is required to be granted in relation to the following:

Building Height

The proposed sign would result in the building having a maximum concealed roof height of 22.2 metres in lieu of 20.5 metres permitted under the Built Form Policy. The proposed building height was previously considered to satisfy the relevant design principles of the Built Form Policy and was not recommended as a reason for refusal of the application. The Built Form Policy provisions relating to building height have not changed and the proposed development would continue to satisfy the design principles relating to building height because the built form and overall height proposed in the amended plans remains unchanged from the plans which were previously refused by Council.

Visual Privacy

The Built Form Policy does not provide acceptable outcomes in relation to visual privacy. The proposed development would satisfy the element objective of the Built Form Policy relating to visual privacy on the basis that the proposed addition would be located near the corner of Lord Street and Newcastle Street and setback 15 metres or more from the adjoining commercial properties to the north east and north west.

Universal Design

The Built Form Policy does not provide acceptable outcomes in relation to universal design. The proposed development would satisfy the element objective of the Built Form Policy relating to universal design given that the application is for an addition to the existing building only, the existing building contains lifts to allow ease of access for persons with limited mobility.

Community Benefit

In response to the previous reasons for refusal the applicant has outlined that they would be in agreement to a number of conditions of approval in order to address the reasons for refusal and provide community benefit. The details of these conditions are as follows:

The applicant has advised that they would be in agreement for a condition of approval requiring the applicant to enter into an agreement with the City where the applicant would provide one in every 10 advertisements to the City (or other local not for profit organisations approved by the City). This would be for the purposes of promoting local activities, events or attractions to regional traffic utilising the Graham Farmer Freeway. Administration has not pursued this proposal through the assessment of the development application as it does not believe that this would be a relevant planning consideration under the Planning and Development (Local Planning Schemes) Regulations 2015.

The applicant has advised that they would be in agreement for a condition of approval requiring one in every ten advertisements to be allocated to current tenants of the building to promote local businesses to regional traffic utilising the Graham Farmer Freeway. The applicant is of the opinion that the proposed sign would improve the ongoing viability of tenants within the building as the additional revenue would help to offset ongoing building maintenance costs. Administration has considered this proposal and determined that whilst it would reduce the extent of third party advertisements, the primary purpose of the sign would remain unchanged.

The applicant has advised that they would be in agreement for a condition of approval requiring the applicant to pay for the installation and maintenance of 10 street trees in the surrounding locality for the life of the development in order to improve the amenity of the locality in the long term. Administration has considered this proposal and determined that the provision of trees elsewhere in the City would not mitigate concerns relating to impacts of the proposed development on the amenity of the immediate surrounding area as a result of the size, scale, visual prominence and advertising content of the sign.

Ordinary Council Meeting Agenda 15 September 2020

9.4 City of Vincent Rebound Plan

Attachments: 1. City of Vincent Community Resilience Scorecard ⇩

2. COVID-19's Impact on WA's Local Economies - WALGA Report ⇩

3. City of Vincent Rebound Plan ⇩

Recommendation:

That COUNCIL:

1. ENDORSES the City of Vincent Rebound Plan, included as Attachment 3, as an addendum to the COVID-19 Relief and Recovery Strategy; and

2. NOTES the City of Vincent Rebound Plan implementation will be updated and reported monthly to the Rebound Roundtable and COVID-19 Relief and Recovery Committee, and quarterly to Council.

Purpose of Report:

To consider endorsing the City of Vincent Rebound Plan as an addendum to the COVID-19 Relief & Recovery Strategy.

Background:

The COVID-19 pandemic has disrupted the local economy as well as the City’s residential and business communities. Significant changes to local business operations have been required and a range of business sectors forced to temporarily close. Businesses have pivoted operations to respond to State and Federal Government restrictions and the reduction in operational and service capacity has seen a loss of business and jobs.

Local sporting clubs, community groups and households have been heavily impacted by the pandemic, with changes to employment resulting in increased financial hardship and stress, and in some instances a loss of club and community group members and volunteers.

COVID‑19 Relief and Recovery Strategy

The onset of COVID-19 has required the City’s timely decision making and ongoing engagement with the community and businesses to convey relief and recovery efforts. To guide these efforts in a coordinated approach, the COVID-19 Relief and Recovery Committee (the Committee) was established and the COVID‑19 Relief and Recovery Strategy (the Strategy) endorsed at the Special Council Meeting on 30 March 2020.

The Strategy sets out three key phases to recovery in the short (response and relief), medium (adapt) and long (recovery) terms. The City has entered the recovery phase which seeks to integrate the impacts of COVID-19 into new ways of operating to support economic rebound, create social reconnection and plan for long-term resilience in an uncertain future.

The Strategy is supported by an Implementation Plan which is a ‘living document’ that is updated regularly and lists the key actions being delivered by the City. The Strategy and Implementation Plan are set out into the three key focus areas:

1. Our Health and Wellbeing.

2. Our Community.

3. Our Organisation.

The status of Our Community - Key Action 2.19 ‘Consider events and initiatives to assist with economic rebound’ was ‘Economic Rebound Action Plan being developed’ in an update to the Implementation Plan considered at the Committee meeting on 21 July 2020.

Town Team Roundtable

Since 1 April 2020, the City has met regularly with Town Team representatives at the Town Team Roundtable. The Town Team Roundtable was initiated to obtain feedback regarding the City’s relief and recovery measures and has been a valuable forum to share learnings and collaboratively develop initiatives to assist the City’s town centres over the past five months.

The Town Team Roundtable has fostered open dialogue between the City and the Town Team community and business representatives. This dialogue has led to the identification of opportunities to improve business communications and better support local businesses, artists and creatives. The opportunities and ideas identified at the Town Team Roundtable have resulted in a number of the City’s relief measures including COVID-19 Temporary Parklets, change of use exemptions, business health checks, cash-in-lieu contribution initiatives, business e-newsletters and expedited Extended Trading Permits.

With Western Australia leading the nation in relaxing restrictions, the conversation has now shifted towards economic rebound and resilience, and the Town Team Roundtable has become a forum for opportunities and ideas to reboot the local economy to be able to prosper in an uncertain environment. To guide this conversation and encourage increased local businesses participation, the Town Team Roundtable was renamed the Rebound Roundtable on 12 August 2020. Monthly Rebound Roundtables have been scheduled moving forward and it is anticipated they will enable increased cross-collaboration between the City, Town Teams and local business representatives.

Community Resilience Analysis

Between 5 June 2020 and 8 July 2020, the City encouraged the community to participate in the state-wide Community Resilience Scorecard which was completed by 7,666 residents aged 18 years and over, across 128 local governments in WA. On 10 August 2020, the City received the scorecard survey results which are intended to help local governments determine priorities and actions required to respond to COVID-19. The comprehensive Community Resilience Scorecard and Employee Resilience Scorecard are available at http://www.catalyse.com.au/resilience. The City of Vincent Community Resilience Scorecard is included as Attachment 1.

The City’s results tracked slightly higher than the WA response for ‘Community Wellbeing’ and significantly higher for ’Local Government performance in response to COVID-19’. The City’s responses on ’COVID-19 impacts of greatest concern’ tracked closely with the WA response but the City ranked recovery of the local economy and mental health significantly higher. The recovery priorities identified for local governments across WA in comparison to the City of Vincent are included in the table below.

Local Government Priorities - % of Responses	WA	City of Vincent
Economic recovery and employment opportunities	48%	57%
Community health and wellbeing	37%	44%
Local infrastructure projects	35%	37%
Engage stakeholders to develop a Recovery Plan	35%	42%
Support services for people most vulnerable to C-19	27%	18%
Community safety and crime prevention	26%	12%
Sustainability and climate change	24%	39%
Communication to keep community well informed	24%	17%
Public health education to prevent spread of C-19	12%	8%
Digital innovation and online service delivery	8%	12%

Economic Impact Analysis

On 11 August 2020, the Western Australian Local Government Association (WALGA) released the report - COVID-19’s Impact on WA’s Local Economies, included as Attachment 2. The report references the economic analysis undertaken by WALGA for each Local Government Area in WA and the City of Vincent specific results. Key findings from this report include:

· Accommodation and Food Services and Art and Recreation Services are the two most impacted local industries in the City;

· 55% of businesses in the City have accessed JobKeeper payments compared to 38% in the Perth Metropolitan Area;

· The estimated number of businesses accessing JobKeeper in the City is 3,077 compared to the 1,640 median across the Perth Metropolitan Area Local Governments; and

· The relative economic impact in the City is high, with densely populated LGAs and those with business centres in and around inner-city Perth being identified as the most severely impacted by COVID-19.

WA Recovery Plan

The WA Recovery Plan was released 27 July 2020 and is available at: https://www.wa.gov.au/sites/default/files/2020-07/WA-Recovery-Plan.pdf. The three objectives of the plan are:

· Reboot our economy to get back onto the pre-pandemic growth trajectory as quickly as possible.

· Regroup our community at a personal, family and social level so people feel healthy and have the confidence to lead active lives.

· Rethink our future to lead us to the next normal.

The WA Recovery Pan is the recovery vision for Western Australia to get back on the road to becoming a thriving and innovative community in which to live, work, visit and do business. Local governments in Western Australia have been encouraged to consider the strategic intent of the WA Recovery Plan when preparing localised response plans.

Details:

The City of Vincent Rebound Plan (Rebound Plan) has been prepared to guide the implementation of the recovery phase of the City’s Strategy and is included as Attachment 3. The Rebound Plan aligns with the objectives of the WA Recovery Plan and is a locally responsive action plan. The purpose of the Rebound Plan is to support the City’s community and businesses return to strong economic performance by making it easier to do business in the City, further cutting red tape and supporting initiatives to encourage community connection.

To be effective and efficient, economic rebound initiatives require a level of structure and monitoring to ensure they are supported by the local community and resourced appropriately. The City has and continues to implement a suite of community and business support measures that have economic benefit, but these are not all well tracked or communicated to the community most effectively. The Rebound Plan has been prepared to collate and identify the City’s current economic development and social reconnection initiatives. This includes the proposed tracking and review of existing and new initiatives as they are developed and implemented.

The Rebound Plan has been developed under four key focus areas which build on the Strategy key focus areas and align with the Strategic Community Plan (SCP) priority ‘Thriving Places’. Four corresponding objectives which align with the WA Recovery Plan objectives have been prepared with a focus on the Thriving Places ‘outcomes we will work towards’. These are outlined below:

Key Focus Area	Objective
Our Places	Create safe, easy to use and attractive, places for people that support social interaction, creativity and vibrancy.
Our Businesses	Provide a business enabling environment that supports local and small business to innovate and rebound to sustainable economic performance.
Our Community	Support an inclusive, empowered, resilient and socially connected community.
Our Organisation	Be known as an open, accountable, agile organisation that efficiently and sustainably manages resources and assets.

The key focus areas and objectives have been used to determine and categorise the initiatives to be listed, monitored and delivered through the implementation of the Rebound Plan. The Rebound Plan will track the City’s economic development and social reconnection initiatives over a 24-month period and assist the City to determine which initiatives have a demonstrated economic or community benefit and which do not.

The monthly Rebound Roundtable will help guide the implementation and update of the Rebound Plan, and the City’s Advisory Groups will be consulted as required. Reporting on the Rebound Plan is proposed to be a standing item on the monthly Committee and Council Meeting agenda.

Economic Development Strategy

The Rebound Plan will address the short-term impacts of COVID-19 and brings forward a series of key action items to support the local economy over the next 1-2 years.

The Rebound Plan will inform the development of a longer term (5 years) Economic Development Strategy 2021-2025.

The long term Economic Development Strategy will be informed by the continuous monitoring and assessment of the local economy, employment trends and feedback from Town Teams and small businesses over the next 12 months.

Developing a shared vision for the City’s economic future is integral to addressing the long-term impacts of COVID-19. An adopted Economic Development Strategy will guide decision making around sustainable economic development and will instil the confidence required for local businesses to restart, develop and grow.

Consultation/Advertising:

The Rebound Plan has been developed in consultation with Town Team community and business representatives. Feedback to date has been positive and highlighted a preference for rebound initiatives to focus on making it attractive and easier to do business in the City. Vacancy rates, opportunities to better engage with landlords, streamlining approvals to support business, and town centre and main street presentation, accessibility and activation have been the common issues and themes raised through engagement.

Stakeholder and community engagement will continue through the monthly Rebound Roundtables, monthly reporting to the Committee, and quarterly reporting to Council. The City’s Advisory Groups will be engaged through future Advisory Group meetings.

Legal/Policy:

Nil.

Risk Management Implications:

Low: It is low risk for the City to endorse a plan to guide the implementation of an adopted strategy.

Strategic Implications:

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

Connected Community

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

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

Thriving Places

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

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

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

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.

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

On 18 August 2020, Council supported the ‘Statement of Principles’ announced by the Mayors of the C40 Climate Leadership Group with the goal to build a better, more sustainable, more resilient and fairer society out of the recovery from the COVID-19. The Rebound Plan has been considered against the Statement of Principles and has been found to be in alignment. A statement to this effect has been included in the Rebound Plan.

Financial/Budget Implications:

The cost to prepare the Rebound Plan has been met through the City’s operational budget.

With the exclusion of the deliverables associated with action 2.1 (Parklet Fee Free 24-month Trial), action 3.5 (provide funding opportunities, under the COVID-19 Arts Relief Grant for artists, currently estimated at $25,000), and action 3.6 (upskilling workshops for students and youth, currently estimated at $20,000), the Rebound Plan complements existing budgeted services, projects and programs. The remaining actions listed in the Rebound Plan have all been accounted for through the City’s recently adopted operational budget, capital budget and/or cash-in-lieu funds and the relevant funding allocations are referenced against each action in the Rebound Plan.

An amendment to the City’s Fees and Charges, to enable the Parklet Fee Free 24-month Trial, will be presented to Council as part of the quarterly budget review, and the detailed scope and funding request associated with action 3.5 and 3.6 will be put to the COVID-19 Relief and Recover Committee or Council as required.

Future initiatives and actions will be subject to Council consideration and/or external grant funding. External grant funding opportunities will be sought as opportunities arise, and the City will continue to collaborate with the Inner City Perth Working Group, Inner Perth Marketing Collective and Small Business Development Corporation to share resources and progress actions and initiatives.

Comments:

Utilising the Rebound Roundtable to guide the implementation of the Rebound Plan will support community reconnection, working towards creating more agile and resilient places, and provide ongoing support for businesses to thrive, diversify and start up. This ongoing engagement with community and business representatives will promote community ownership of the Rebound Plan and ensure it meets the needs and expectations of the community and businesses.

The Rebound Plan is intended to be a living document, updated monthly, allowing for new opportunities and initiatives to be included as they arise.

Ordinary Council Meeting Agenda 15 September 2020

10 Infrastructure & Environment

10.1 Waste Strategy Project - 8 Commercial Waste Collections (Update Report)

Attachments: 1. Waste Strategy Project 8: Business Case for the Discontinuance of Commercial Waste Services ⇩

2. Communications Strategy ⇩

Recommendation:

That Council:

1. NOTES that the current commercial waste service is no longer a viable option in the future for the following reasons:

a) It does not meet the objectives of the City’s Waste Strategy or its vision of achieving zero waste to landfill;

b) The current commercial system is an extension of the City’s residential two bin system and does not offer a tailored approach to the requirements of different businesses;

c) The introduction of a third Food Organics Garden Organics bin in 2021 would introduce greater inefficiency in the current commercial service; and

d) A significant additional investment would be required for the City to provide a fit for purpose commercial service:

2. APPROVES the:

2.1 Revised Business Case for the discontinuance of commercial waste services; and

2.2 Communications Strategy to support the service transition; and

3. APPROVES an amendment to the Long Term Financial Plan adopted by Council on 18 August to adopt Scenario 2A as the new base which uses the operational saving to provide a one year rebate to commercial ratepayers to assist with the transition to a commercial service.

4. NOTES that Administration will provide advice and recommendations to Council on the rebate implementation options as part of the development of the 2021-2022 Annual Budget.

Purpose of Report:

To provide Council with the updated business case and communications strategy requested at its 17 March 2020 Council Meeting, in respect to the in-principle decision for the discontinuance of commercial collection services from 30 June 2021.

Background:

The City currently provides a commercial waste collection service for both rubbish and recycling inclusive of the businesses rateable charge. Each rate-paying business may receive a capacity allowance which is calculated using historical methods based on premise type and size (floor space m²) and commercial premises can also request additional capacity for a fee.

The service provided is not based on the best environmental outcome in terms of materials recovery, and the City does not currently have the ability to provide such a service. The current service is one that is suitable for domestic homes and has been extended to commercial premises, which may have been appropriate when waste was collected in a single bin destined for landfill. This single service approach has introduced inefficiency, does not incentivise landfill diversion and does not support the City’s vision of zero waste to landfill.

The City has an obligation to collect domestic waste; there is no obligation to provide a commercial waste service and businesses are not compelled to use the City’s waste service. The City has 1760 commercial premises paying business rates for 2488 business dwellings.

Approximately 15% (377) of businesses do not use the City’s service and others purchase additional services from private providers on top of what the City provides. Private waste companies provide a wide ranging service that is tailored to the needs of a business and costed in a way that incentivises material recovery. There are significant benefits to commercial businesses moving to a fit for purpose commercial service that is customised to their specific business needs:

· The collection and processing of multiple waste streams. This results in improved waste segregation at source and the subsequent diversion of cleaner, higher quality/value materials - which is becoming a prerequisite for Recycling Processors following recent commodities export bans;

· Various collection frequencies to suit the business needs. For example, the City of Perth operates 3 shifts, operating 22.5 hours per day, 7 days a week;

· On-site servicing for added convenience and no multiple bins to manoeuvre to and from the kerbside;

· Variable sizes bin infrastructure including larger capacity bins, (sometimes coupled with multiple collection frequencies) resulting in less bins on site, which is good for small business premises and/or those with limited bin store capacity; and

· Greatly improved environmental performance as a tailored service will increase landfill diversion

Project 8 of the City’s Waste Strategy 2018 – 2023 “Commercial Waste Collections Options Appraisal” was established to investigate the value of providing the existing commercial service in this capacity and review alternative options.

With FOGO initially scheduled to be rolled out to all residential properties from October 2020 (now October 2021 due to COVID-19 considerations), there was further reason to review how, or indeed if, the City should provide commercial waste collection services in the future, as the new standard domestic, 3-bin FOGO system would not be suitable for commercial premises. On that basis there was a need for the City to have clear direction on the future of its waste services, so that transition arrangements implemented would not adversely impact on the introduction of the domestic three bin FOGO service.

At the Ordinary Council Meeting held on 17 March 2020, Council received the Commercial Waste Collections Options Appraisal Report and Business Case outlining the issues, various options and recommendation to discontinue the commercial waste collection service.

The Council decision was:

That Council:

1. NOTES:

1.1 the commercial waste collection options appraisal which was a key action from the City’s Waste Strategy;

1.2 that the City’s current commercial waste service is no longer a viable option in the future as it does not meet the objectives of the City’s Waste Strategy and as a result of the adoption of a FOGO third bin in October 2020;

2. PROVIDES in-principle support for the discontinuance of commercial waste collection from 30 June 2021 on the basis that Administration:

2.1 presents a further developed business case to Council for Option 5, including information about potential impacts on commercial ratepayers transitioning to alternative waste services;

2.2 provides a communications plan to Council which supports implementation of Option 5; and

2.3 that rebate considerations from operational savings will be incorporated as part of the development of the long term financial plan (LTFP).

This report and the revised Business Case (Attachment 1 - Waste Strategy Project 8: Business Case for The Discontinuance of Commercial Waste Services) and Communications Plan (Attachment 2 - Communications Strategy) provides the additional information requested by Council.

Administration therefore seeks Council approval of the revised business case and communications strategy, so that the City can engage with the commercial community at the earliest opportunity allowing for a nine month notice period for businesses. It also allows an extensive nine month period to deliver the Communications Strategy and to educate and support businesses during this transition to a new provider.

Details:

The City does not have a separate commercial waste collection service and commercial tonnages are currently collected comingled with domestic waste in the same vehicle.

The City’s waste team has undertaken a review of the current services as well as a commercial rubbish truck trial and presents the following key findings:

1. Bin Capacity Allowance

Each rate-paying business has a bin capacity allowance which was calculated using historical methods based on premises type and size (floor space). Due to inadequately designed bin stores capacity and limited verge presentation space, many locations are also being serviced multiple times per week (without additional charges applied). It is worth noting that while the City’s commercial customers only account for 12% of the City’s total rateable properties, in terms of bin lifts they account for around 21%, demonstrating a disparity in service provision between commercial and residential customers. Additionally, commercial customers are also receiving inconsistent and varied services which are not based on the value of the property or rates paid.

Work undertaken by the City has identified a variance between commercial and domestic bin weights, i.e. commercial bins are on average 6kg heavier than the equivalent domestic bin, thereby resulting in higher disposal costs.

Collection costs are also generally higher for commercial properties as they are often situated in high density areas and cannot be collected by a side lift truck. The rear-lift rounds are more expensive to operate, as extra personnel are required for bin servicing and servicing times per premise are generally longer. In total approximately 36% of the total commercial lifts are undertaken by the rear lift vehicles.

2. Historical Data and records

The site audit highlighted that it is difficult to monitor the Commercial Asset Register due to the fact that commercial and domestic bin infrastructure is currently the same. Additionally, bins are constantly going missing or are being relocated. This is increasingly problematic at mixed use premises, where bin stores and/or presentation points may be shared and people simply use/take the nearest bin.

Waste Census data provision was previously optional. However, the new DWER Approved Methods for Mandatory Reporting under the WARR Regulations 2008, which is effective from July 2020, requires more robust/accurate reporting on commercial waste tonnages and collection costs. This will be a very onerous task with the existing collection methodology. If the service was to continue, it would ideally need to be resourced appropriately with a dedicated truck, appropriate bin infrastructure, personnel and an appropriate commercial business system to capture and maintain customer and asset information.

3. The current commercial service does not align with the City’s Waste Strategy

The City currently only provides a limited commercial service. To provide a competitive, cost effective and contemporary service, would require a complete overhaul of existing services and collection methodologies.

A contemporary commercial service should be tailored to the client’s requirements, offering collection of variable waste and recycling streams, variable (including larger than 360 litre) infrastructure and collection frequencies that meet their waste generation needs (which may include shifts and operating 7 days a week). This would subsequently be charged at appropriate commercial rates for the variable waste streams collected and on a per bin lift basis.

To provide such a professional commercial service for the City of Vincent would require dedicated vehicles, larger bin infrastructure, a dedicated Commercial Waste Officer (with some administrative support) to manage the waste contracts/payments, client relationships and waste education to ensure correct bin usage.

Contamination is currently an on-going issue at our commercial properties, as the standard “bin allowance” system does not incentivise correct waste behaviour/bin usage. A commercial service that is tailored to the needs of the business, would have bin configuration and charges that would maximise recovery.

The implementation of a standard domestic FOGO system from October 2021 is not suitable for commercial businesses. For example, restaurants would have large volumes of food waste, which would not align with FOGO system collection frequencies and permissible bin weights. Each property would need an individual, tailored approach (as outlined above) to ensure cost efficiency and resource recovery to align with the City’s Waste Strategy targets.

4. Options Appraisal:

At the 17 March 2020 Ordinary Council Meeting, the following 5 options were presented to Council.

1. Commercial Collection Options

1. No change to current service

2. City provides a fit for purpose commercial service

3. Provide limited charged service as per residential customers (new three bin domestic FOGO service)

4. Discontinue existing commercial service

5. Discontinue existing commercial service with rate rebate

The advantages and disadvantages of each option were outlined and discussed at both the Council Workshop and subsequent March Council Briefing and Meeting. This culminated in Council providing in principle support for discontinuance of commercial waste services from 30 June 2021 (as detailed below), on the basis that Administration provided additional information to support the business case.

Option 5: Discontinue existing commercial service with rate rebate

By the City discontinuing the provision of commercial waste services, businesses will be able to access tailored waste services which incentivise and deliver increased waste diversion, which is consistent with the City’s Waste Strategy 2018-2023.

This is also expected to deliver substantial operational and capital savings, allow the City to accurately collect domestic waste data as required for the DWER annual reporting, and enable the City to accurately calculate its waste diversion.

Businesses currently using the City service would need to source and agree an alternative service from the open market and the service would no longer be included as part of rates. This will be abated to some extent by:

- providing early notice of any change in service to businesses (circa 9 months);

- offering additional City waste advice, support and guidance during the transition (refer Attachment 2 - Communications Strategy);

- potentially using savings to rebate rates

5. Potential Impacts on Commercial Ratepayers Transitioning to Alternative Waste Services

It is impossible to determine the precise financial impact on individual businesses, as commercial services are highly tailored to the individual business. The private commercial market is also very competitive. Rates charged are commercially sensitive and not published.

However, as the City of Perth provide a full suite of commercial services and as a local government their fees and charges are published, the revised business case contains modelling using their rates. The modelling is indicative only but does demonstrate the potential for a business to reduce cost by making good environmental choices.

In terms of assisting businesses with the transition, while the City cannot recommend specific commercial waste contractors, it has approval from WALGA to provide their Preferred Supplier Panel List and providing key contact details to the City’s Commercial Customers. The City would also notify waste management industry professional bodies/associations Waste and Recycling Industry for Western Australia (WRIWA) and Waste Management & Resource Recovery Association Australia (WMRR) of the City’s commercial service discontinuation, so that they may actively approach businesses with their service offerings (as outlined in Communications Strategy).

During preparation of the Options Appraisal informal discussions were held with two major waste service providers currently operating within the City. While they were not able to share their commercial schedule of rates, they indicated a high level of interest in providing services to the City’s commercial sector. In fact, they already provide services to Vincent businesses, as many businesses do not use the city service or use top up services from commercial providers.

Indicative timeframes to transition across were all confirmed to be within a 2 week period and they were happy to liaise with the City during the switchover to ensure a smooth transition.

Consultation/Advertising:

The City has developed a Communications Strategy to outline how the City would engage with businesses, prior to, during and post the discontinuance of commercial services. This Strategy also outlines the additional support, advice and guidance that would be provided to ensure a smooth transition to the new commercial waste collection service provider. Refer Attachment 2 - Communications Strategy.

Legal/Policy:

Waste Policy No. 2.2.11 needs to be reviewed as the operational elements of the policy will significantly change when the 3-bin FOGO system is introduced. Additionally, much of the content is replicated in the Health Local Law and is superfluous.

Risk Management Implications:

Low/Medium: There is a very low risk that a commercial business would not be able to find a private service provider. There is a medium risk of negative feedback from some commercial businesses if the City discontinued the waste service.

Strategic Implications:

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

Enhanced Environment

We have improved resource efficiency and waste management.

By discontinuing the commercial waste service, commercial customers will be provided with a tailored, contemporary waste service that incentivises and delivers diversion from landfill, which the City would be unable to deliver without significant investment and high risk.

The City’s Waste Strategy 2018-2023 has a vision of zero waste to landfill through maximising recovery and avoidance and cost effective, sustainable and contemporary waste services.

The City’s Sustainable Environment Strategy 2019-2024 has identical aims and sets the target of zero waste to landfill by 2028.

SUSTAINABILITY IMPLICATIONS:

By discontinuing commercial services businesses will have access to tailored waste packages, inclusive of variable recoverable/recyclable waste streams, which in turn will provide cost effective collection services which incentivise correct waste behaviours; thus facilitating increased diversion from landfill and assisting in the delivery of our Sustainable Environment Strategy 2019-2024 target of zero waste to landfill by 2028.

Financial/Budget Implications:

It would reduce the City’s base operating costs by around $921,000 per annum by discontinuing the current in-house commercial service.

In addition, capital savings of around $470,000 for potential future truck replacement costs could be retained in the waste reserve and be used to offset FOGO implementation costs.

Rebate considerations from operational savings have been incorporated into the current review of the long term financial plan (LTFP). Scenario 2A in the LTFP provides the option to use the operational saving to rebate ratepayers for one year to assist transition and scenario 2 is the option to use the saving for a permanent reduction in rates. Administration is recommending scenario 2A as this scenario contributes significantly to the City’s financial sustainability by transferring $8.3M to reserve and supports the City’s long term financial objectives.

There are a number of ways in which a rebate using all of the operational savings could be applied, for example:

· a rebate could be distributed to all ratepayers (both residential and commercial) and would equate to an estimated $49.73 per ratepayer

· a rebate could be applied to commercial ratepayers only which would equate to an estimated $520 per commercial ratepayer

Either of the above option would be simple to administer and would not require any additional resource.

A rebate option that attempted to distribute the rebate on a variable basis depending on the extent of the current waste service provided to each business is not practicable or equitable at this stage for the following reasons:

· not every commercial ratepayer uses the service;

· the services currently received by business may exceed the entitlement under the policy; and

· It would place a significant administrative burden and require additional resources to visit each business to confirm the current service and/or calculate their entitlement (including floor area calculations) to determine a variable rebate.

Administration will provide further advice to Council on the different options for implementing a rebate as part of the preparation of the 2021-2022 Annual Budget.

Comments:

A review of the City’s commercial waste collection service has been undertaken and an options appraisal carried out as required by the City’s Waste Strategy.

This report provides the additional supporting information requested by Council at its 17 March 2020 Council Meeting (i.e. revised Business Case and Communications Strategy).

There is an imperative for a change to the existing service and Administration recommends discontinuing the City’s commercial waste collection.

Ordinary Council Meeting Agenda 15 September 2020

10.2 Manna Inc. Meal Service at Weld Square - Update

Attachments: Nil

Recommendation:

That Council :

1. NOTES this update on the status of the Manna Inc. Meal Service at Weld Square;

2. NOTES that re-location of the Manna Inc. meal service to Tranby Engagement Hub or the Moore Street Accreditation Trial Site is unlikely at this time, with Manna Inc. expressing concerns that not all of those accessing the meal service identify as homeless, which would still result in the need for service provision in the area;

3. NOTES that Administration is currently working with Manna Inc., Uniting WA and other stakeholders to gather further information about the demographics of those accessing the Weld Square meal service to assist in making further recommendations to Council; and

4. NOTES that Administration continues to liaise with Manna Inc. and other key stakeholders regarding this matter, and will provide a further update at the 17 November 2020 Ordinary Meeting of Council.

Purpose of Report:

At the Ordinary Council Meeting held on 18 August 2020, Council resolved that:

“Administration continues to engage with Manna Inc. and Uniting WA (formerly Uniting Care West) and other stakeholders to explore opportunities to transition the Weld Square meal service to Tranby Centre or other suitable location(s), including the Moore Street precinct, identified during the current approval period and will provide a further update to Council on the progress of this action at the next Ordinary Meeting of Council”.

This report provides a further update to Council on the status of this matter.

Background:

Manna Inc. is a non-denominational, non-for-profit organisation founded in 1996, who have grown to become one of the largest providers of meals to the homeless and disadvantaged in the metropolitan area.

Manna Inc. moved their free meal service to Weld Square in August 2008 and Council have granted subsequent twelve month approvals for the use of Weld Square since that time, with a range of associated conditions that aim to respond to concerns raised by nearby residents, businesses and other stakeholders.

The Manna Inc. meal service at Weld Square consists of about 15% of the charity’s total service provision, which also includes school breakfast programs, food and care hamper distribution and provision of meals for distribution at a number of facilities across the metropolitan area.

At the Ordinary Council Meeting held on 12 November 2019, it was resolved that the Manna Inc. meal service at Weld Square be approved until 30 November 2020, noting that the City had facilitated discussions between Uniting WA (formerly Uniting Care West) and Manna Inc. to explore transition of the meal service to the Uniting WA Tranby Centre during the current approval period, to support the State-funded expansion of operating hours at this location.

Further, the City of Perth implemented a trial site of accredited homeless services in the public realm in January 2020, for an initial period of twelve months, to assist in better coordination of service delivery within the homeless realm and to reduce duplication, identify gaps, assist with the implementation of best practice and further align groups to the strategic direction of the sector, towards ‘ending’ homelessness, rather than just ‘managing’ it.

With the introduction of these new initiatives within the homeless sector over the past twelve months, it is timely to assess how they may have impacted upon demand for the Weld Square meal service.

Details:

Manna Inc.

Manna Inc. have reported that numbers of those accessing the Weld Square meal service remain consistent, with feedback received that approximately 100 persons are receiving a meal each week day.

Manna Inc. attend Weld Square for half an hour to provide their meal service, a reduction from the previous 45 minute service. These changes were implemented to limit contact time during the COVID-19 pandemic and continue to remain in place. Manna Inc. report that clients are respectful and appreciative of the service, as they understand that any anti-social behaviour or non-adherence to physical distancing requirements could impact upon continuation of the service.

Manna Inc. have also suggested that a number of regular clients of the meal service do not identify as homeless, and therefore do not access or wish to access other homeless support services such as Tranby Engagement Hub. These clients may present as housed but unemployed, residing in insecure accommodation or experiencing financial hardship. Further anecdotal feedback from Manna Inc. also suggests that some of their clients prefer not to attend larger centres such as Tranby, for a variety of reasons including potential negative association, wanting to avoid particular clients due to previous negative interactions, feeling uncomfortable within larger gatherings or feeling ashamed to access assistance.

Between January and June 2020, Nyoongar Outreach Services reported that 42% of their 1029 engagements within the City of Vincent presented as homeless.

Uniting WA have reported that there can be a sense of disinterest in support offered by their outreach workers during the meal service at Weld Square, but not outside of these times.

Accordingly, Administration is currently working with Manna Inc. and Uniting WA to undertake a brief survey of clients in coming weeks to better understand the needs and demographics of the Weld Square meal service clients to assist in making further recommendations to Council.

Update on Uniting WA Tranby Engagement Hub

From August 2020, Uniting WA’s Tranby Engagement Hub reduced their operating hours as the State funding for their twelve months of expanded service provision came to an end.

From August 2020, the Tranby Engagement hub hours have reduced from 7:00am to 7:00pm, seven days per week to:

- 7:00am-2:30pm – Monday to Friday

- 7:00am-12:00pm – Saturday

- 12:00pm-5:00pm – Sunday

The Centre remains open to those over 18 years who are experiencing, or at risk of homelessness, and provides the following services:

- Food (breakfast and lunch);

- Amenities (shower, toilets, safe space, mail, Internet);

- Dignity items (clothing and hygiene products);

- Support options (referrals to support, specialist and accommodation options); and

- Individualised support and follow up (support plans, advocacy and ongoing supports).

Renovations to the Tranby Engagement Hub will commence shortly, and Uniting WA will move the service to an alternative location within the City of Perth for approximately 12 weeks until completed.

Uniting WA Assertive Outreach Services continue to link those requiring support to this service, which is focussed on assisting clients towards better longer term outcomes.

Uniting WA are funded by the State to assist 80 clients per day at the Tranby Engagement Hub, and consistently report numbers above this.

City of Perth Moore Street Accreditation Trial Site

The City of Perth continues to support the coordination of homelessness services both in the not-for-profit sector and through goodwill and community groups, through the Moore Street Accreditation Site.

Over 20 accredited service providers currently deliver food, health, hygiene and assertive outreach services at the site, which has seen almost 15,000 instances of support between January and May 2020. This includes 2,000 health and hygiene services and 13,000 meal services, with growing demand reported in recent times.

The City of Perth is currently re-developing the site with the Public Transport Authority to enhance service provision and amenity for all attending. Security and CCTV are already provided to improve safety for users of the precinct.

The site currently operates an evening service on weekdays between 4:30pm and 8:00pm, and Sunday mornings between 8:00am and 11:00am, with no plans to expand the service beyond these times at this time.

This means that there is currently no opportunity for Manna Inc. to re-locate a daytime meal service to this location, although they are able to apply to the City of Perth to provide an accredited service during the site’s current operating hours, should they wish to do so, and should the City of Perth identify an unmet demand for additional food services at the site.

Current scheduled services (subject to change) include:

Monday	Seeds of Hope (food) Red Cross Soup Patrol (food)
Tuesday	Orange Sky Laundry One Voice Shower Bus Street Doctor Homelessness We Care (food) Perth Homeless Support Group (clothing) Sathya Sai (food) Street Chaplains Social Outreach Uniting WA Assertive Outreach
Wednesday	Sisters of Mercy Charity (food) Red Cross Soup Patrol (food)
Thursday	Orange Sky Laundry One Voice Shower Bus Street Doctor Sikh Association (food) Sathya Sai (food) Street Friends (clothing) Uniting WA Assertive Outreach
Friday	Seeds of Hope (food) One Voice Shower Bus Uniting WA Assertive Outreach
Sunday (mornings)	Perth Homeless Support Group (food and clothing) One Voice Shower Bus Footpath Library

Consultation/Advertising:

The City continues to engage with Manna Inc., Uniting WA, City of Perth, key stakeholders and local businesses and residents regarding the Weld Square meal service.

A survey of meal service clients will be conducted shortly to assist Administration to gain an understanding of the needs and demographics of this cohort and to assist in making further recommendations to Council.

Legal/Policy:

The following Local Laws and Policies are relevant to the approval of the Manna Inc. meal service:

- City of Vincent Local Government Property Local Law; and

- Council Policy 2.1.7 Parks Reserve and Hall Facilities – Conditions of Hire and Use

The City’s commitment to the provision of support to organisations working with people experiencing homelessness and the maintenance of an interagency approach through collaboration with outreach services and other community organisations are key actions of the Safer Vincent Plan 2019/2022 and the Action Plan of the City Homeless Framework Committee in which the City participates.

Risk Management Implications

Public Safety:

Medium: Weld Square and the surrounding area experience anti-social behaviour associated with both close proximity to licensed premises and support services, and the prevalence of vulnerable persons at risk of or experiencing homelessness within the inner City area. This cohort often present with complex needs relating to mental health, health, cognitive impairment, drug/alcohol use and trauma. The City continues to work collaboratively with WA Police, outreach services and other stakeholders to manage these risks.

Negative Community Perception:

Medium: There is divided opinion amongst the local community regarding the provision of homelessness services at Weld Square, with some residents and businesses perceiving that anti-social behaviour in the area is linked to service provision at this location.

Strategic Implications:

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

Connected Community

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

SUSTAINABILITY IMPLICATIONS:

Not applicable.

Financial/Budget Implications:

Through the Leederville Gardens Trust Fund/COVID-19 Relief Fund, the City currently provides funding to Uniting WA for three months of assertive outreach services within the City, with a key focus on Weld Square. This funding is due to end in October 2020 and a review of the outcomes of this service will be conducted.

Any re-location of Manna Inc.’s food service from Weld Square is unlikely to resolve the ongoing need for outreach services in the area, given the large number of support services located within close proximity to this location, and its long history as a meeting place for Aboriginal people in particular.

Ordinary Council Meeting Agenda 15 September 2020

11 Community & Business Services

11.1 Lease of Community Building at Woodville Reserve, 10 Farmer Street, North Perth, Wadjak Northside Aboriginal Community Group

Attachments: Nil

Recommendation:

That Council

1. NOTES that the current condition of the community building adjacent to the tennis clubrooms at Woodville Reserve, 10 Farmer Street, North Perth (Premises) is poor and continued use of the Premises beyond 2022/23 would not be recommended. It is likely the building would be proposed to be demolished or repurposed as part of the development of the Woodville Reserve Masterplan.

2. APPROVES a lease of the Premises to the Wadjak Northside Aboriginal Community Group (WN), subject to the approval of the Minister for Lands, and on the following key terms, which align with the lease terms for a Category Two (2) tenant under the City’s Property Management Framework:

2.1 Term: one year;

2.2 Option term: 3 x one year options at City’s sole discretion;

2.3 Lease fee: $3,870 (excluding GST), which includes a 25% community benefit rebate, indexed at CPI (if option exercised);

2.4 Outgoings: payable by WN, includes utilities, Emergency Services Levy (ESL) and rubbish/recycling bin charges;

2.5 Public liability: WN to effect and maintain current public liability insurance of not less than $20,000,000 (per claim);

2.6 Condition: provided in ‘as is, where is’ condition. The City will not undertake any capital or renewal works during the term of the lease, which includes repairing or replacing any fixtures or fittings at the end of their life;

2.7 Building insurance: payable by the WN with excess on any claim also payable by WN;

2.8 Maintenance/repairs: responsibility of WN, this includes keeping the Premises interior and exterior clean and tidy and repairing or replacing any fittings or fixtures if required (but excluding the air-conditioning system and oven);

2.9 Capital upgrades: City will not undertake capital or renewal works; and

2.10 Damage to Premises: in the event the Premises is damaged so it becomes unfit for use the City may at its discretion terminate the lease, and no compensation will be payable to the tenant.

3. Subject to final satisfactory negotiations being carried out between WN and the Chief Executive Officer, AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease in recommendation 2. above;

4. APPROVES a waiver of fees in the amount of $3,870 for the initial term of the lease in order to provide assistance with the establishment of an Aboriginal Community Resource Centre by WN; and

5. NOTES Transition Town Vincent no longer wishes to enter into an agreement to lease 10 Farmer Street, North Perth and have formally withdrawn their application.

Purpose of Report:

To reconsider the expressions of interest for the future use of the vacant brick community building adjacent to the tennis clubrooms at Woodville Reserve, 10 Farmer Street, North Perth (Premises) in the context of the current condition of the Premises and the development of the Woodville Reserve Masterplan (Masterplan).

Background:

The City leases the portion of Woodville Reserve, 10 Farmer Street, North Perth (Woodville Reserve) comprising the Premises for a term of 999 years from the Crown pursuant to a lease dated 13 June 1925. Pursuant to sections 41 and 47 of the Land Administration Act 1997 (LAA) and the City’s lease, Woodville Reserve is a Class A reserve specified as ‘solely for the purpose of recreation’. Pursuant to section 18 of the LAA, the Minister for Lands’ consent and approval will be required for any lease or licence of Woodville Reserve.

The Premises was leased to the Multicultural Services Centre Western Australia (MSCWA) from 1 April 2004 until 26 June 2019 and is currently vacant.

The Premises building is old (Administration estimates it is at least 40 years old) and is in a condition consistent with its age. No significant capital renewal or improvement works have been undertaken in recent times. Paint work on the exterior of the Premises is in poor condition and wood work is exposed to the elements.

At the Ordinary Meeting of Council on 17 March 2020, it was resolved:

“That Council:

6. NOTES that the current condition of the community building adjacent to the tennis clubrooms at Woodville Reserve, 10 Farmer Street, North Perth (Premises) is poor and therefore continued use of the Premises beyond 2021/22 will not be possible, as the building will either be demolished or repurposed, based on the recommendations of the Woodville Reserve Masterplan.

7. APPROVES a lease of the Premises to the Ethnic Communities Council of WA Incorporated (ECC), subject to the approval of the Minister for Lands, and on the following key terms:

7.1 Term: one year;

7.2 Option term: 3 x one year options at City’s sole discretion;

7.3 Lease fee: $3,870.00 (excluding GST), which includes a 25% community benefit rebate, indexed at CPI (if option exercised);

7.4 Outgoings: payable by ECC, includes utilities, Emergency Services Levy (ESL) and rubbish/recycling bin charges;

7.5 Public liability: ECC to effect and maintain current public liability insurance of not less than $20,000,000 (per claim);

7.6 Condition: provided in ‘as is, where is’ condition. The City will not undertake any capital or renewal works during the term of the lease, which includes repairing or replacing any fixtures or fittings at the end of their life;

7.7 Building insurance: payable by the City, excess on any claim payable by ECC;

7.8 Maintenance/repairs: responsibility of ECC, this includes keeping the Premises interior and exterior clean and tidy and repairing or replacing any fittings or fixtures if required (but excluding the air-conditioning system and oven);

7.9 Capital upgrades: City will not undertake capital or renewal works; and

7.10 Damage to Premises: in the event the Premises is damaged so it becomes unfit for use the City may at its discretion terminate the lease, and no compensation will be payable to the tenant.

8. Subject to final satisfactory negotiations being carried out between ECC and the Chief Executive Officer, AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease in recommendation 2. above; and

9. NOTES Transition Town Vincent’s proposal to use the Premises at certain times, as detailed in Attachments 1 and 2, and REJECTS this proposal as Transition Town Vincent does not have the financial capacity to comply with the proposed licence terms as set out in the City’s draft Property Management Framework Details

PROCEDURAL MOTION

Moved: Cr Gontaszewski, Seconded: Cr Hallett

That the motion be DEFERRED to allow further discussions with the community groups, and to be reported back to Council within 90 days.”

Details:

As requested by Council, Administration held further discussions with Ethnic Communities Council WA (ECC), Transition Town Vincent (TTV) and Wadjak Northside Aboriginal Community Group (WN) in relation to a short term lease of 10 Farmer Street, North Perth to confirm their request to utilise these facilities along with the purpose for which the facility was to be used. During these discussions, TTV advised Administration that they no longer wish to enter into an agreement to hire 10 Farmer Street, North Perth and have formally withdrawn their application.

ECC & WN have confirmed their continued interest in the facility with details of each prospective tenant proposed use and occupation as follows:

Ethnic Communities Council WA (ECC)

ECC is a non-government, non-profit community based organisation which takes an active interest in all aspects of multiculturalism and Culturally and Linguistically Diverse (CaLD) affairs and acts on behalf of all ethnic communities in Western Australia.

ECC is willing to accommodate shared use with another tenant. ECC already has a presence within the City at 20 View Street, North Perth:

· proposed use – as a community centre/hub for activities, group meetings and events; and

· occupation of premises – ECC is willing to use the Premises in conjunction with another tenant.

ECC is not seeking any waiver or reduction of fees relating to the leasing of 10 Farmer Street, North Perth. They would like to commence a Community Engagement program of 3-4 community peer support groups accessing the centre over a week to assist with improving mental health.

Wadjak Northside Aboriginal Community Group (WN)

The purpose of WN is to empower Aboriginal people to support each other in living healthy, culturally-rich lives with access to education and employment opportunities in a strong and safe community. WN is seeking to utilise the Farmer St Facility to operate an effective Community Resource Centre at minimal cost. They are a growing organisation that seeks to expand to cater for Noongar and Aboriginal people/community within the City of Vincent.

WN expressed the wish to set up a long-term presence within the City:

· proposed use – community centre and hub for WN activities and support groups, use of the kitchen for food handling or barista courses; and

· occupation of premises – WN requires exclusive use and possession of the Premises.

They are seeking a waiver of fees and associated outgoing costs to use the facility for a period of 12 months and then seek to pay a fee and outgoings at a reduced rate to further consolidate the organisation their services within the facility for the remaining years. They are open to negotiate where possible.

Recommendation

Administration is recommending that a lease be granted to Wadjak Northside for a period of one (1) year with 3 x one (1) year options following a review of the submissions presented to Council on 17 March 2020. The establishment of an Aboriginal Community Resource Centre that provides education and employment opportunities directly aligns with deliverables contained within the City’s ‘Innovate’ Reconciliation Action Plan and further progresses our journey towards lasting reconciliation.

In addition, this partnership will further strengthen our relationships with local Aboriginal and Torres Strait Islander residents, businesses and stakeholders whilst providing opportunities for the community to learn about Aboriginal culture, history and tradition.

Consultation/Advertising:

The proposed lease to WN does not require public notice, in accordance with section 3.58 (Disposal of property) of the Local Government Act 1995, as WN has cultural and recreational purposes and members do not receive any pecuniary profit. As a result, the exemption under Regulation 30(2)(b) of the Local Government (Functions and General) Regulations 1996 applies.

Legal/Policy:

Regulations 30(2)(b) of the Local Government (Functions and General) Regulations 1996:

‘(2) A disposition of land is an exempt disposition if —

(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions…’

The proposed lease terms align with the City’s draft Property Management Framework for a Category 2 tenant.

Risk Management Implications:

Low: It is low risk for Council to consider a lease for a community building.

Strategic Implications:

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

Connected Community

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

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The proposed rent is $5,160 per annum excluding GST. WN is eligible for the community benefit rebate of 25%, which means the annual rent payable is $3,870.00 excluding GST. Utilities, ESL and bin charges associated with the Premises will also be recouped from WN.

Ordinary Council Meeting Agenda 15 September 2020

11.3 Investment Report as at 31 July 2020

Attachments: 1. Investment Statistics as at 31 July 2020 ⇩

Recommendation:

That Council NOTES the Investment Statistics for the month ended 31 July 2020 as detailed in Attachment 1.

Purpose of Report:

To advise Council of the nature and value of the City’s Investments as at 31 July 2020 and the interest amounts earned year to date.

Background:

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

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

· Investment performance and policy compliance charts;

· Investment portfolio data;

· Investment interest earnings; and

· Current investment holdings.

Details:

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

As at 31 July 2020, the total funds held in the City’s operating account (including on call) is $21,740,955 compared to 32,209,493.

The total term deposit investments for the period ending 31 July 2020 is $17,906,824 compared to $32,209,493 for the period ending 31 July 2019. Investment activity has decreased compared to last year for cash flow management purposes to cover short to medium term expenditure requirements and also due to 2020/21 budget being adopted in late July instead of in June last year.

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

Month	2019/20		2020/21
Ended	Total funds held	Total term deposits	Total funds held	Total term deposits
July	$32,209,493	$32,209,493	$21,740,955	$17,906,824
August	$49,641,327	$49,641,327
September	$44,876,698	$44,876,698
October	$46,846,286	$46,846,286
November	$46,118,236	$46,118,236
December	$38,557,295	$38,557,295
January	$37,915,806	$37,915,806
February	$35,377,640	$35,377,640
March	$33,969,162	$33,969,162
April	$30,832,893	$30,832,893
May	$28,935,398	$28,935,398
June	$25,079,463	$17,565,310

Total accrued interest earned on investments as at 31 July 2020 is:

Total Accrued Interest Earned on Investment	Budget Adopted	Budget YTD	Actual YTD	% of FY Budget
Municipal	$230,000	$19,167	$6,225	32.48%
Reserve	$180,205	$15,017	$10,345	68.89%
Subtotal	$410,205	$34,184	$16,570	48.47%
Leederville Gardens Inc Surplus Trust*	$0	$0	$6,168	0.00%
Total	$410,205	$34,184	$22,738	66.52%

*Interest estimates for Leederville Gardens Inc. Surplus Trust were not included in the 2020/21 Budget as actual interest earned is restricted.

The City has obtained a weighted average interest rate of 1.13% for current investments including the operating account. The Reserve Bank 90 days accepted bill rate for July 2020 is 0.10%.

Sustainable Investments

The City’s Investment Policy states that preference “is to be given to investments with institutions that have been assessed to have no current record of funding fossil fuels, providing that doing so will secure a rate of return that is at least equal to alternatives offered by other institutions”. Administration currently uses Marketforces.org.au to assist in assessing whether a bank promotes non-investments in fossil fuel related entities.

As at 31 July 2020, $4,502,145 (21%) of the City’s investments are held in financial institutions considered to be investing in non-fossil fuel related activities.

The following guidelines have been established to manage the City’s investments, including maximum investment ratios:

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%	17.6%	30%	Nil	90%	42.84%
A1	25%	11.9%	30%	Nil	80%	11.92%
A2	20%	27.3%*	n/a	Nil	60%	45.24%

* The maximum allowable position with A-2 accredited institution (AMP Bank) has exceeded the threshold. This is because the total investment closing balance at the end of July has decreased compared to when the investments were undertaken resulting in an increase in the portfolio percentage i.e. there is an inversely proportional relationship.

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.

Ordinary Council Meeting Agenda 15 September 2020

11.4 Financial Statements as at 31 July 2020

Attachments: 1. Financial Statements as at 31 July 2020 ⇩

Recommendation:

That Council RECEIVES the Financial Statements for the month ended 31 July 2020 as shown in Attachment 1.

Purpose of Report:

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

The 2019/2020 financials are in the process of being finalised and audited, therefore the balances provided in this report are provisional and subject to change.

Details:

The following documents, included as Attachment 1, comprise the statement of financial activity for the period ending 31 July 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	6-46
5.	Capital Expenditure and Funding and Capital Works Schedule	47-51
6.	Cash Backed Reserves	52
7.	Rating Information and Graph	53-54
8.	Debtors Report	55
9.	Beatty Park Leisure Centre Financial Position	56

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 favourable compared to the YTD budget by an amount by $663,691 (70.5%). The following items materially contributed to this position:-

· A favourable variance of $314,561 as a result of recognising income relating to rubbish services for exempt properties and properties requiring additions bins. This budget phasing will be adjusted to incorporate this inflow (Community Amenities);

· A favourable variance of $115,121 due to an increase in revenue generated from Beatty Park (Recreation and Culture); and

· A favourable variance of $223,359 due to an increase in revenue generated from parking activities (Transport).

Revenue by Nature or Type is tracking favourable compared to the YTD budget by $631,280 (1.7%). The following items materially contributed to this position: -

· A favourable variance of $699,983 for revenue generated from Fees and charges primarily because the July budget was set conservatively whereas operations at most City facilities have resumed (Fees and charges).

Expenditure by Program reflects an under spend of $346,652 (15.4%) compared to the year to date budget. The following items materially contributed to this position: -

· An under-spend of $457,228 mainly contributed by the timing variance relating to the annual renewal payment for parking permit licenses. This payment is scheduled for September 2020 (Transport); and

· An overspend of $160,053 mainly contributed by salary payments relating to Beatty Park. This is as a result of a payment timing variance i.e. the first payment scheduled for August was incorrectly posted to July. However this timing variance will normalise in the month of August (Recreation and Culture).

Expenditure by Nature or Type reflects an under-spend of $341,958 (15.4%) compared to the year to date budget. The following items materially contributed to this position: -

· Employee costs reflects an overspend of $551,060. This is as a result of an early August pay run being included in the July statements, a payment timing variance that has cumulatively impacted most service areas. This variance will normalise in the month of August.

· Materials and contracts reflects an under-spend of $708,198. This variance is mainly contributed by the following areas: -

o Waste services - $148,736; and

o Renewal of parking permit licenses - $415,000.

Surplus Position – 2020/21

The provisional surplus position brought forward to 2020/21 is $2,963,903 compared to the adopted budget amount of $1,615,763. The actual opening surplus figure will be adjusted once the end of year audit has been finalised.

Content of Statement of Financial Activity

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

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

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

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

This statement of 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 – 46)

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 47 - 51)

Below is a summary of the year to date expenditure of each asset category and the funding source associated to the delivery of capital works.

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

6. Cash Backed Reserves (Note 6 Page 52)

The cash backed reserves schedule provides a detailed summary of the movements in the reserves portfolio, including transfers to and from the reserve. The balance as at 31 July 2020 is $11,147,477.

7. Rating Information (Note 7 Page 53 - 54)

The notices for rates and charges levied for 2019/20 were issued on 7 August 2020. 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	18 September 2020
Second Instalment	13 November 2020
Third Instalment	8 January 2021
Fourth Instalment	12 March 2021

Rates debtors for 2020/21 was raised on 29 July 2020 after the adoption of the budget. The outstanding rates debtors balance as at 31 July 2020 was $43,456,671, excludes deferred rates ($242,326) and includes ESL debtors and pensioner rebates. Outstanding debtors as at end of July was 97%, this is higher than the same period last year (87%) as a result of the budget being adopted in July 2020 instead of June.

8. Receivables (Note 8 Page 55)

Total trade and other receivables as at 31 July 2020 is $1,918,457.

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

· $1,727,787 (91%) 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).

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).

· $158,616 (9.5%) 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 their debt over a fixed term of five years.

On 8 April 2020, the Minister of Planning WA issued a provision that exempts proponents from making cash in lieu related payments for existing or new non-residential development to the City. This exemption is effective up to the earlier date of either: -

a) 90 days after the date upon which the State of Emergency Declaration ceases to have effect or is revoked; or

b) midnight, 1 May 2023.

9. Beatty Park Leisure Centre – Financial Position report (Note 9 Page 56)

As at 31 July 2020, the Centre’s operating surplus position is $154,860 (excluding depreciation) compared to the year to date budgeted surplus amount of $208,923. This position is primarily due to a budgeting variance relating to the purchase of retail shop stock that will be rectified in August.

10. Explanation of Material Variances

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 2020/21 and is used in the preparation of the statements of financial activity when highlighting material variance in accordance with Financial Management Regulation 34(1) (d).

In accordance to the above, all material variances as at 31 July 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.

Ordinary Council Meeting Agenda 15 September 2020

12.2 Repeal of the City of Vincent Parking and Parking Facilities Amendment Local Law 2020

Attachments: Nil

Recommendation:

That Council:

1. NOTES the Joint Standing Committee on Delegated Legislation’s decision dated 13 August 2020 to give a Notice of Motion in the Legislative Council to disallow the City of Vincent Parking and Parking Facilities Amendment Local Law 2020;

2. APPROVES the repeal of the City of Vincent Parking and Parking Facilities Amendment Local Law 2020, which will occur by 31 December 2020;

3. RESOLVES that the City of Vincent Parking and Parking Facilities Amendment Local Law 2020 will not be enforced prior to its repeal;

4. GIVES statewide and local public notice, in accordance with section 3.12 of the Local Government Act 1995, that the City of Vincent Parking and Parking Facilities Amendment Local Law 2020 is to be repealed;

5. NOTES that any submissions received as a result of the public notice provided as set out in Recommendation 4. above will be presented to Council for consideration; and

6. ADVISES the Joint Standing Committee on Delegated Legislation of Council’s decision; and

7. NOTES that a new Parking Local Law will be drafted for Council’s review by 31 March 2021.

Purpose of Report:

To repeal the Parking and Parking Facilities Amendment Local Law 2020 approved at the Council Meeting of 10 December 2019.

Background:

At its meeting of 25 June 2019, Council approved providing local public notice of the proposed amendments to the Parking and Parking Facilities Local Law 2007 (2007 Local Law). Local public notice of the proposed Parking and Parking Facilities Amendment Local Law 2019 (Amendment Local Law) was provided between the period 10 August 2019 and 27 September 2019. During this period, the Department of Local Government, Sport and Cultural Industries (DLGSC) was provided with a copy of the Amendment Local Law and public notice.

The DLGSC reviewed the Amendment Local Law, providing recommended amendments, and the City incorporated DLGSC’s recommendations into the Amendment Local Law.

At its meeting of 10 December 2019, Council approved the making of the Amendment Local Law subject to it being published in the Government Gazette. Local public notice was given that the Amendment Local Law had been Gazetted and a copy of the Amendment Local Law and its explanatory memorandum was provided to the Western Australia Parliamentary Joint Standing Committee on Delegated Legislation (Joint Standing Committee).

Details:

On 13 August 2020 the Joint Standing Committee notified the City that it would give a Notice of Motion in the Legislative Council to disallow the Amendment Local Law. The reasons for the decision was a number of technical drafting errors in the Amendment Local Law which were not previously identified in the DLGSC’s review. These issues included inconsistent terminology, ambiguous phrasing and typographical errors.

The Joint Standing Committee recommended that the City repeal the Amendment Local Law and revert to the Parking and Parking Facilities Local Law 2007 as amended in January 2018.

The Legislative Council is scheduled to disallow the Amendment Local Law at its meeting on 9 September 2020.

It was recommended by DLGSC as part of their review that due to the number of prior amendments, the next time the City sought to amend the 2007 Local Law, it should repeal the 2007 Local Law in full and replace it with a new version of the Local Law that would incorporate all amendments that had been made to date.

Due to the large number of issues identified by the Joint Standing Committee and DLGSC’s advice to repeal and replace the 2007 Local Law in its entirety, it is proposed that Administration prepare a new Parking and Parking Facilities Local Law. The new Parking and Parking Facilities Local Law will rectify all issues identified by the Joint Standing Committee, incorporate all amendments made to the 2007 Local Law, convert the form of the local law to an up to date format and ensure that the new local law reflects the current parking and parking facility arrangements currently used and anticipated to come into effect in the City in the near future.

It is proposed that the new local law be presented to Council by the end of March 2021 for advertising.

Administration notes that the errors in the Amendment Local Law identified by the Joint Standing Committee are highly technical and relate to the specialised drafting style and format of local laws. Administration has not previously sought external legal review of its new and amendment local laws, relying on DLGSC’s comments as assurance that the local law met the legislative requirements for the drafting of local laws. The risk of non-compliance with drafting requirements for local laws has been added to the City’s corporate risk register. Administration will manage this risk by seeking further clarity from DLGSC and the Joint Standing Committee on the drafting requirements prior to finalising future local law amendments/ new local laws.

The practical impact of the repeal of the Amendment Local Law is that the transition to ticketless car parks and ticket machine zones is delayed, as under the current local law there is no offence for failure to pay an appropriate fee.

Consultation/Advertising:

Section 3.12 of the Local Government Act 1995 sets out the consultation requirements for making/ repealing a local law. Statewide and local public notice will be provided for at least 6 weeks, with copies provided at the City’s Library and Local History Centre and Administration and Civic Centre. A copy of the local law and public notice will also be provided to the Minister for Local Government.

The public notice will include the purpose and effect of repealing the local law, which is to comply with the Joint Standing Committee’s direction.

The City’s Policy 4.1.5 – Community Consultation also requires that notice of the proposed local law is provided on the City’s website and to local businesses and community groups.

Legal/Policy:

Section 3.12 of the Local Government Act 1995 sets out the requirements for making a local law:

"3.12. Procedure for making local laws

(1) In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.

(2A) Despite subsection (1), a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.

(2) At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.

(3) The local government is to —

(a) give Statewide public notice stating that —

(i) the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and

(ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

(iii) submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and

(b) as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

(3A) A notice under subsection (3) is also to be published and exhibited as if it were a local public notice.

(4) After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

* Absolute majority required.

(5) After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

(6) After the local law has been published in the Gazette the local government is to give local public notice

(a) stating the title of the local law; and

(b) summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and

(c) advising that copies of the local law may be inspected or obtained from the local government’s office.

(7) The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

(8) In this section — making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law."

Risk Management Implications:

Low: It is low risk for the City to repeal the Amendment Local Law in accordance with the Joint Standing Committee’s recommendation.

Strategic Implications:

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

Accessible City

We have embraced emerging transport technologies.

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

Innovative and Accountable

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

SUSTAINABILITY IMPLICATIONS:

Nil

Financial/Budget Implications:

Nil.

Ordinary Council Meeting Agenda 15 September 2020

12.6 New lease to Bethanie Group Inc. - Royal Park, 413 Bulwer Street, West Perth

Attachments: 1. Premises plan ⇩

2. Valuation Report - Confidential

Recommendation:

That Council

1. APPROVES a lease to Bethanie Group Incorporated in respect to the Living Well Centre located at 413 Bulwer Street (Royal Park), West Perth on the following key terms:

1.1	Initial term:	5 years, commencing 1 September 2020.
1.2	Option:	2 x 5 years, exercised at City’s discretion.
1.3	Premises area:	approximately 398m^2,which comprises the building and adjacent courtyard as shown in the plan at Attachment 1.
1.4	Rent:	$1,500 per annum plus GST, inclusive of $500 per annum to cover the reticulation, lawn and garden maintenance/costs and water consumption (lawn and garden) for the premises.
1.5	Rent Review:	annual CPI rent review to occur on 1 July each year of the Lease commencing from 1 July 2021.
1.6	Outgoings:	the tenant to pay ESL charges applicable to the premises, rubbish and recycling bin charges for the premises and minimum level of service statutory compliance testing (including RCD, DFES and pest inspection fees and charges).
1.7	Insurance:	tenant to hold and maintain a public liability insurance policy for not less than $20million per one claim, in respect of the tenant’s use and occupation of the Premises and car park. Tenant to reimburse the City for the building insurance premium payable in regard to all buildings, structures and improvements within the Premises area. If the tenant requests the City make a claim on the tenant’s behalf (under the building insurance policy) the City may require the tenant to pay any excess payable in respect to that claim.
1.8	Repair/maintenance:	the tenant is responsible for: · general minor maintenance of premises which includes replacement of fittings and fixtures including light globes and taps; · re-painting of painted surfaces within the premises to ensure they remain in good repair; and · cleaning (including carpets annually).
1.9	Capital upgrades:	the tenant is responsible for capital upgrade and capital expansion of all assets within the leased or licenced area and the maintenance of the Premises fit-out. Any capital upgrades are subject to the written consent of the City.
1.10	Responsibilities of the City:	the City is responsible for: · maintenance of roofing and main structure of the Premises (unless the damage is caused by the tenant); and · capital renewal and upgrade of existing assets at the City’s discretion.
1.11	Car park licence:	· The City grants the Tenant a licence to use the car park adjacent to the Premises, as shown in Attachment 1, for the duration of the Term and at no extra cost to the Tenant (Licence). · The Tenant must at all times keep and maintain the Licensed Area free of litter and in particular oil spillage or leakage and in a reasonable state of cleanliness. · The Tenant indemnifies the City from and against all losses arising from damage to any property or the death of or injury to any person caused by: Ø the Tenant or the Tenant’s employees and visitors in a vehicle while on the Licensed Area; or Ø the use of the Licensed Area by the Tenant or the tenant’s employees and visitors, except to the extent that the loss or damage is caused or contributed to by the City or the City's employees, agents or contractors. · The Tenant must extend the public liability insurance policy to be affected by the Tenant under the lease to cover public liability resulting from the use by the Tenant and the Tenant’s employees and visitors of the Licensed Area. · The Licence will come to an end upon the expiry or determination of this Lease.

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 lease in recommendation 1. above.

Purpose of Report:

To consider entering into a new lease with Bethanie Group Incorporated (ABN 60 992 323 648) (Bethanie Group) in regard to the Living Well Centre (Centre) located at 413 Bulwer Street (Royal Park), West Perth (Premises).

Background:

Bethanie Group (previously known as Churches of Christ Homes & Community Services Inc.) has leased the Premises since 1 August 1999. The lease was for a term of 10 years, commencing 1 July 1999 to 30 June 2009, with a further 10 year term which expired on 30 June 2019. Bethanie Group has been holding over on a monthly tenancy of the Premises since 1 July 2019.

The Premises is located on land reserved for public open space under the City’s Local Planning Scheme No. 2 (LPS2). LPS2 provides that the objective of this type of reserve is to set aside areas for public open space or to provide for a range of active and passive recreation uses, such as recreation buildings and courts.

Due to this reservation the use of the Premises is limited. Administration considered whether the Premises could be used for other recreation uses. Due to the layout and nature of the building a respite centre is most suitable. Alternative recreation uses would require changes to the internal layout and fit out of the building.

Administration engaged a commercial property valuer to complete a market rent appraisal of the Premises in February 2020 at Confidential Attachment 2. Due to the disruptions caused by COVID-19, the negotiations of the new lease were put on hold. As the COVID-19 restrictions are continuing to ease, Administration has recommenced negotiations of new lease terms with Bethanie Group.

Details:

As the Centre caters to older or elderly clients (65 years +), attendance numbers have been lower over the past two quarters due to concerns regarding COVID-19. However, the Centre is still catering for between 5-20 clients per day (averaging between 12 and 15). The Centre is currently open from 8am to 4.30pm Monday to Friday. Bethanie Group is also considering opening on Saturday’s, and offering seniors yoga and book club sessions in the evenings during the week.

It would not be possible for the Premises to be used by another group outside of Bethanie Group’s hours of use as that would require all equipment to be relocated to a store-room each day, which is not practical. It would also result in additional cleaning, screening and hygiene requirements.

The Centre offers a range of activities to support the interest and goals of the aged care clients who attend. Due to COVID-19, outings are not currently being offered from the Centre. However, prior to COVID-19 the Centre offered a variety of outings including visits to local cafes and restaurants and access to nearby parks and gardens.

There are three other Bethanie Group living well centres in the metropolitan area that offer similar services to those offered at the Centre. The other three centres are located in Port Kennedy, Kwinana and South Perth. The Centre is the only place offering services of this nature within the City boundaries and the north metropolitan region generally. As at March 2020, 32% of the clients attending the Centre resided within the City.

The majority of client attendance at the Centre is funded via federal government programs including the Commonwealth Home Support Program (CHSP) and the Home Care Package (HCP), however, some clients pay a private fee. Where there is a need, Bethanie Group waives the fee for service and the client is not charged for accessing the Centre.

The Centre provides an important service to clients (including the carers, spouses and loved ones of clients who may require assistance) within the area and the Bethanie Group manages and maintains the Premises in good condition. Administration supports the grant of a new lease on the key commercial terms as set out in Recommendation 1. above to Bethanie Group.

An initial 5 year lease term followed by two 5 year options (which may be exercised at the City’s discretion) is proposed for the new lease. Rent of $1,500 per annum plus GST is proposed based on the market rent valuation of the Premises and incorporates a flat amount of $500 per annum in contribution to reticulation maintenance/costs, lawn and garden maintenance and water consumption (lawn and garden) for the land.

In accordance with the draft Property Management Framework, Bethanie Group will be responsible for paying ESL, rubbish and recycling bin charges, minimum level of service statutory compliance testing and building insurance premiums for the Premises. All utilities/services accounts for the Premises should (if not already) be in the name of Bethanie Group.

Consultation/Advertising:

As Bethanie Group is a registered charity, providing public notice of the proposed lease is not a statutory requirement.

Bethanie Group has confirmed that the proposed terms of the lease are acceptable to it.

Legal/Policy:

This lease falls within the scope of Category 3 of the City’s draft Property Management Framework. The terms proposed are consistent with the Property Management Framework, which includes that the lease fee is to be based on a market rental valuation.

The Local Government Act 1995 (Act) section 3.58, provides that a local government can only dispose of property (which includes to lease) in accordance with section 3.58(3) unless the disposition falls within the scope of section 3.58(5), which includes:

“(d) Any other disposition that is excluded by regulations from the application of this section.”

In accordance with a section 3.58(5), Regulation 30 of the Local Government (Functions and General) Regulations 1996 provides a range of dispositions that are exempt from the application of s 3.58 of the Act, including dispositions to:

“(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions.”

Risk Management Implications:

Low: There is a low risk in leasing the Premises to Bethanie Group on the commercial terms as proposed.

Strategic Implications:

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

Connected Community

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

Thriving Places

Our physical assets are efficiently and effectively managed and maintained.

Innovative and Accountable

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

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The current rent for the Premises is $956.36 per annum plus GST. The proposed new rent is $1,500 per annum plus GST in line with the market rent review for the Premises. The rent is proposed to be increased by CPI annually during each year of the lease.

Ordinary Council Meeting Agenda 15 September 2020

12.7 Sale of 202 (Lot 43) Vincent Street, North Perth to Main Roads WA

Attachments: 1. Main Road's letter of offer dated 17 August 2020 ⇩

2. Plan of Lot 43 showing PCA 125 and Other Regional Road Reserve ⇩

3. Valuation Report - February 2020 - Confidential

4. Photograph of lot from north (Charles Street side) ⇩

5. Photograph of lot from south (Vincent Street side) ⇩

6. Offer from Private Party - Confidential

Recommendation:

That Council:

1. RECEIVES Main Roads Western Australia’s (Main Roads) offer for the purchase of 202 (Lot 43) Vincent Street, North Perth (Lot 43) for $475,000, as at Attachment 1;

2. APPROVES the transfer of Lot 43 to Main Roads for $475,000 plus GST (if applciable), subject to the City and Main Roads entering into the permit at Recommendation 4.

3. NOTES that Lot 43 will remain as public open space and be maintained by the City until required by Main Roads for future road projects;

4. APPROVES the City entering into a permit with Main Roads to formalise the continued public use of Lot 43 as set out in Recommendation 3. above; on the following key terms:

4.1 Lot 43 will remain open to the public until such time as required by Main Roads for road widening. At least 3 months’ notice will be provided to the City if Lot 43 is required;

4.2 The City will maintain Lot 43 to a standard consistent with its current condition, at nil cost to Main Roads;

4.3 The City will pay any utilities in respect to Lot 43 and will effect and maintain public liabiity insurance, at nil cost to Main Roads;

4.4 The City indemnifies Main Roads from all matters, claims and costs that may arise in relation to the unregulated use of the two informal car bays on Lot 43; and

4.5 Main Roads and the City will in good faith negotiate for the future use and management of the balance (if any) of Lot 43 following the road project as set out in Recommendation 4.1.

5. 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 Transfer of Land and Permit in recommendations 2. and 4. above;

6. RECEIVES and REJECTS the unconditional offer of $480,000 as at Confidential Attachment 6.

Purpose of Report:

To consider an offer from Main Roads Western Australia (Main Roads) to purchase 202 (Lot 43) Vincent Street, North Perth (Lot 43), for a sum of $475,000.

Background:

At Ordinary Meeting of Council 7 April 2020 (Item 12.3), Council approved the sale of Lot 43 subject to the COVID-19 Relief and Recovery Committee determining the appropriate timing, minimum price and method of sale and compliance with section 3.58 of the Local Government Act 1995 (LGA).

At the COVID-19 Relief and Recovery Committee Meeting on 26 May 2020 (Item 7.4), the Committee resolved in part as follows:

‘5. APPROVES the advertising of 202 Vincent Street, North Perth for sale by a suitable qualified real-estate agent, with public notice to be provided in accordance with section 3.58 of the Local Government Act 1995, SUBJECT TO:

5.1 Timing: Marketing commencing June 2020 and closing after a minimum of 21 days;

5.2 Minimum Price: $475,000; and

5.3 Method of Sale: Set date sale followed by a private treaty if no satisfactory offers received.

6. APPROVES the Chief Executive Officer providing public notice in accordance with section 3.58 of the Local Government Act 1995 of the best offer, subject to it meeting the relevant minimum price in recommendations 4. or 5. above.

7. NOTES that the offers and any submissions received will be presented to Council for consideration and approval.’

The City has engaged a local real-estate agent to manage the sale, but the set date sale process is yet to commence.

Details:

Main Roads contacted the City in June 2020 in respect to the purchase of Lot 43 and provided a formal offer for $475,000 on 17 August 2020, as at Attachment 1. Administration has put the set date sale process on hold pending Council’s consideration of this offer, which aligns with the minimum price set by the Committee.

Lot 43 is impacted by an Other Regional Road Reserve under the Metropolitan Region Scheme (MRS) on the southern boundary (Vincent Street) and Planning Control Area no.125 (PCA) on the western boundary for the future widening of Charles Street. The extent of the PCA’s impact on Lot 43 in shaded light blue in Attachment 2 (site plan and zoning plan). Any development on Lot 43 is required to be located outside of the PCA area unless otherwise approved by Main Roads.

Main Roads are not close to finalising any designs for this intersection, but have confirmed that future planning for Charles Street will incorporate an integrated transport and land use approach working towards a balance in the transport function and urban amenity of Charles Street. Public transport, walking and cycling will be considered as will motorised travel. Whilst Charles Street can meet the growing demand of north-south traffic, the key challenge is the major intersections with east-west links, which includes Vincent Street. A variety of potential solutions will be considered to improve the operation of the Vincent Street intersection, all of which are likely to require additional land that impact Lot 43. As details of the ultimate design are progressed, Main Roads will liaise with stakeholders, including the community, as part of the planning review process. At this stage it is too early to advise when this may occur.

In accordance with Section 186 of the Planning and Development Act 2005 compensation may be payable in respect of land that is located within a Planning Control Area. Main Roads would be required to negotiate with all affected landowners to acquire the portions of land currently located within the Planning Control Area, where the parties are unable to reach an agreement for compensation then the responsible authority (Main Roads) may use Section 187 of the Planning and Development Act 2005 for compulsory acquisition. A number of lots that have been subdivided along Charles Street have ceded the PCA area as a condition of subdivision free of cost to the Crown.

The City’s valuations and market appraisals take into account the impact of PCA 125 and the MRS Reserve on the value of Lot 43. A minimum sale price of $475,000 has been set based on these valuations. The valuation report provided in February this year is at Confidential Attachment 3.

Main Roads’ offer is conditional on:

· The City maintaining Lot 43 in its current condition at the City’s cost; and

· The City indemnifying Main Roads all matters, claims and costs that may arise in relation to the unregulated use of the two informal car bays on Lot 43.

Lot 43 is landscaped with shrubs and young trees and includes an unsealed footpath, bench and two public car parking bays accessed from the rear right of way. Photographs of Lot 43 are at Attachments 4 and 5. The annual maintenance costs are approximately $2,000, which includes trees/shrubs maintenance, reticulation maintenance and rubbish collection. It is proposed that Main Roads would enter into a permit with the City to formalise the continued public use, indemnity and maintenance of Lot 43.

A private party has presented an offer of $480,000 for Lot 43, as at Attachment 6. The offer is not dependant on finance and has no conditions, with a settlement date of 30 days after acceptance. The private party has confirmed that the site would be fenced and remain largely as current although allowing for private parking. It was noted the land may be developed in five to ten years.

Administration is not supportive of this offer as it would in the medium to long term result in the private residential development of a portion of Lot 43 compared to the public use proposed by the Main Road’s offer.

Main Road’s offer allows the current use of Lot 43 to remain as public open space. It would continue to reflect the City’s commitment to urban greening as landscaped on a high visibility corner which offers some pedestrian and public amenity. It also allows the lot to remain in public control to enable future road and traffic upgrades on one of the highest frequency intersections for vehicular traffic in the City.

The offer would also result in extraordinary land sales income to the City of $475,000 to support other public open space initiatives.

Consultation/Advertising:

Public notice of the transfer to Main Roads is not a statutory requirement. As the public use of Lot 43 will not change following the sale community consultation is not considered necessary.

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).

The above applies unless a disposition in excluded under a regulation.

Local Government (Functions and General) Regulations 1996

In accordance with Regulation 30 of the Regulations a disposition is exempt if it is to:

· the Crown;

· a department, agency or instrumentality of the Crown; or

· another local government.

Main Roads is a State government agency and therefore public notice is not a statutory requirement.

Risk Management Implications:

Low: It is low risk for the City to sell Lot 43 to Main Roads as it aligns with future road projects.

SUSTAINABILITY IMPLICATIONS:

This is in keeping with the following key sustainability outcomes of the City’s Sustainable Environment Strategy 2019-2024.

Urban Greening and Biodiversity.

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.

Financial/Budget Implications:

Main Roads will be responsible for all costs associated with the transfer.

The transfer would result in extraordinary land sales revenue of $475,000, which has not been included in the City’s current adopted budget and Long Term Financial Plan. This revenue would be accounted for in the City’s first quarterly budget review in October 2020.

The $475,000 in revenue would be held in a POS reserve. This new reserve will be created as part of the October budget review.

Ordinary Council Meeting Agenda 15 September 2020

12.10 New lease to Kidz Galore Pty Ltd - 15 Haynes Street, North Perth

Attachments: 1. Maintenance obligations schedule ⇩

2. Market rent valuation report - Confidential

Recommendation

That Council

1. APPROVES providing local public notice pursuant to section 3.58 of the Local Government Act 1995 of the proposed lease to Kidz Galore Pty Ltd (ACN 069 285 472) (Tenant) for the childcare premises located at 15 Haynes Street, North Perth (Premises) on the following key terms:

1.1.	Term:	Five (5) years, commencing 1 January 2021 and expiring 31 December 2025.
1.2.	Option Term:	Nil. The Tenant acknowledges that following the lease expiry, the City will not permit any holding over or monthly tenancy.
1.3.	Rent:	$35,000 per annum plus GST.
1.4.	Rent Review:	fixed increase of 5% annually on 1 July each year of the lease commencing from 1 July 2021.
1.5.	Outgoings:	the Tenant will pay: (a) ESL charges applicable to the premises; (b) rubbish and recycling bin charges for the premises; (c) utilities (including scheme water, electricity and gas); and (d) minimum level of service statutory compliance testing (including RCD, DFES and pest inspection fees and charges).
1.6.	Insurance:	Tenant to hold and maintain a public liability insurance policy for not less than $20million per one claim, in respect of the Tenant’s use and occupation of the Premises and car park.
1.7.	Repair/maintenance:	in accordance with the maintenance obligation schedule at Attachment 1.
1.8.	Responsibilities of the City:	the City is responsible for: (a) maintenance of roofing, mechanical services and main structure of the Premises (unless the damage is caused by the Tenant); (b) capital renewal and upgrade of existing assets, at the City’s discretion;
1.9.	Special conditions
1.9.1. Car park licence		(a) The City grants to the Tenant the right to use the seven (7) car parking bays at 25-29 Sydney Street, North Perth, subject to the Tenant paying an annual licence fee of $2,600 including GST per annum the Licence Fee at the times and in the manner provided under the Lease (Licence), (b) The licence Term is three (3) years, expiring on 31 December 2023, or earlier upon the termination of the Lease.
1.9.2. Transition plan		(a) The Tenant acknowledges that the City is required to transition the use of the Premises away from childcare services in order to comply with the Deed of Trust dated 2 October 1941; (b) In accordance with paragraph (a) above, the Tenant acknowledges and agrees that: *(i) by the second anniversary of the Commencement Date, the Tenant will submit to the City a relocation or business plan (Business Plan) outlining:* · the Tenant’s planned transition from the Premises; or · how the Tenant will scale down its business operations at the Premises by the end of the Lease term; and (ii) by the fourth anniversary of the Commencement Date, the Tenant will submit to the City a closure plan (Closure Plan) which will demonstrate: · the proposed timeline for the closure of the Tenant’s business at the Premises; and · the removal of the Tenant’s buildings (including the demountable building) and property from the Premises; and (iii) the Tenant must completely vacate the Premises by no later than midnight on 31 December 2025. (c) If the City is not satisfied with the information contained in either or both the Business Plan or the Closure Plan, the City may provide the Tenant with notice: (i) specifying what additional information is required by the City; and (ii) the timeframe within which the Tenant must provide that information to the City. (d) If the Tenant fails to provide the City with: (c) the Business Plan or Closure Plan within the time specified in paragraph (b)(i) or (b)(ii) (respectively); or (iii) any additional information requested by the City in accordance with paragraph (c), the City may terminate the Lease and the Tenant must vacate the Premises within one month of being notified of that termination
1.9.3. Termination for convenience		The Tenant may terminate the Lease by providing no less than three (3) months’ written notice of termination to the City.
1.9.4. Removal of demountable building and play equipment		The Tenant acknowledges and agrees that prior to the lease expiry it is required to remove the demountable building and play equipment from the Premises and make good any damage caused by that removal.

2. If no submissions are received as a result of the public notice period in recommendation 1. above, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the power to enter into the lease in Recommendation 1. above, and AUTHORISES the Mayor and Chief Executive Officer to affix the common seal and execute the lease.

3. NOTES that if any submissions are received as a result of the public notice period in Recommendation 1. above, the Chief Executive Officer will provide the submissions to Council for consideration and Council will determine whether to proceed with the proposed lease to the Tenant.

Purpose of Report:

To consider providing local public notice of the proposed new lease to Kidz Galore Pty Ltd (ACN 069 285 472) (Kidz Galore) at 15 Haynes Street, North Perth.

Background:

Kidz Galore has leased the child care centre at 15 Haynes Street, North Perth (Premises) since 1 April 2005. The original lease was for a term of 5 years with a further term of 5 years. Pursuant to a Deed of Variation and Extension of Lease dated 1 March 2012, the original lease was extended until 31 December 2020.

The City owns the Premises in freehold, however, the Premises is subject to a Deed of Trust dated 2 October 1941 which provides that the land is to be used for public recreation purposes (Trust). In addition, the City’s Public Open Space Strategy, adopted by Council in December 2018, identifies a lack of local public open space in the North Perth area. It was identified that the use of the Premises by Kidz Galore as a commercial childcare centre was inconsistent with the Trust purpose.

At its Special Meeting of 28 January 2020, Council authorised the Mayor to apply for approval from the Attorney General for the draft Haynes Street Reserve Development Plan and provide the Attorney General with certain additional information, including:

(a) an acknowledgement that the City has been in breach of the Trust by leasing the Premises to Kidz Galore;

(i)

(b) confirmation that the City intends to transition the use of Premises to comply with the Trust in accordance with the draft Haynes Street Reserve Development Plan;

(i) the lease will expire on 31 December 2025;

(ii)

(ii) from the commencement of the new lease, no enrolments should be taken for the site after 31 December 2025;

(iii) at the end of the second year of the lease, Kidz Galore is required to submit a satisfactory relocation plan or business plan, which shows a transition from the Premises or how it will scale down its current operations by the end of the fifth year of the lease;

(iv) at the end of the fourth year of the lease, Kidz Galore is required to submit a closure plan, which demonstrates the timeline of closure and removal of buildings and property from the Premises;

(v) the failure of Kidz Galore to provide the required information to a satisfactory standard by the timeframe specified will result in the termination of the lease; and

(d) the City’s commitment that past revenue obtained from the use of the Premises (since the 2015/16 financial year) and any future/additional revenue from the Premises will be used to return the Premises to public open space in accordance with the timeframe of the draft Haynes Street Reserve Development Plan.

By letter dated 3 March 2020, the Attorney General acknowledged the information provided and consented to the continued breach of the Trust by providing Kidz Galore with a further five year lease (to allow Kidz Galore to transition off the Premises).

Details:

The proposes commercial lease terms are in accordance with Council’s decision of 28 January 2020. In addition, the lease will be subject to the following special conditions:

(a) Kidz Galore may choose to terminate the lease upon three months written notice being provided to the City;

(iii)

(b) the car park licence (that originally sat separately to the lease) has been included in the lease terms and is for a term of three years (expiring 31 December 2023) for a fee of $2,600 per annum including GST subject to 5% fixed increase annually; and

(iv)

(c) prior to the expiry date of the lease, Kidz Galore must remove its property, including the demountable building and play equipment, from the Premises and make good any damage caused by that removal.

Administration engaged a commercial property valuer to complete a market rent appraisal of the Premises, as at Confidential Attachment 2. The valuer has confirmed that the set date lease expiry (with no possibility of extension or holding over) affects the market rent value that the City could otherwise attract for the Premises. As the five-year lease term progresses, the value of the lease decreases due to a number of factors. These include the lack of business certainty for the tenant and the likelihood that the number of children enrolled at the centre will decrease as parents will not want to start their child at the centre and then have to move them elsewhere when the centre closes or moves. As a result, the market rent amount set by the valuer could be applied either as a higher starting rent that decreases over the term of the lease or the market rent averaged over the five-year term.

Administration recommends the market rent is averaged over the five years, which equates to $35,000 per annum plus GST. The rent will be subject to a fixed 5% annual increase. Outgoings (including ESL, rubbish and recycling bin charges and utilities) are in addition to rent.

Kidz Galore has confirmed it agrees to the proposed commercial lease terms.

Consultation/Advertising:

In accordance with section 3.58 of the Local Government Act 1995 (Act) local public notice of the proposed lease would be provided for a period of at least two weeks, commencing in mid-September and closing in early October. Local public notice would be provided in the following ways:

· notice in the City’s local newspapers;

· public notice on the City Administration and Civic Centre, Library and Local History Centre notice boards; and

· notices on the City’s website, social media platforms and in the e-newsletter.

Legal/Policy:

Section 3.58(3) of the Local Government Act 1995 sets out the public notice requirements for disposal of property to a commercial entity.

The proposed lease terms are generally consistent with the terms for Category 3 of the City’s draft Property Management Framework, noting that the lease term is restricted to 5 years.

Risk Management Implications

Low: It is low risk for Council to provide public notice of the proposed new lease with Kidz Galore.

Strategic Implications:

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

Connected Community

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

Innovative and Accountable

We are open and accountable to an engaged community.

SUSTAINABILITY IMPLICATIONS:

Nil.

Financial/Budget Implications:

The current rent for the Premises is approximately $30,210.38 per annum plus GST and outgoings. In line with the valuer’s market rent valuation of the Premises and his recommendation to average that amount across the five-year term, rent for the new lease has been proposed at $35,000 per annum plus GST and outgoings. The rent will be increased by 5% annually on 1 July of each year of the lease term.

The car park licence fee is proposed at $2,600 per annum including GST and is also subject to a fixed 5% increase per annum.

FUND	CHEQUE NUMBERS/ BATCH NUMBER	AMOUNT
Municipal Account (Attachment 1, 2 and 3)
EFT Payments	2559 – 2561 and 2563 - 2569	$4,171,873.06
Payroll by Direct Credit	July 2020	$1,165,690.23
Sub Total		$5,337,563.29

Cheques
Cheques	82601 - 82607	$36,006.30
Sub Total		$36,006.30

Direct Debits (including Credit Cards)
Lease Fees		$29,064.30
Loan Repayments		$132,199.59
Bank Charges – CBA		$16,999.32
Credit Cards		$4,672.82
Sub Total		$182,936.03

Total Payments		$5,556,505.62