2017 council meeting agenda - 28 february...agenda council meeting 28 february 2017 dear council...

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Agenda Council Meeting 28 February 2017

Dear Council member The next ordinary meeting of the City of Nedlands will be held on 28 February 2017 in the Council chambers at 71 Stirling Highway Nedlands commencing at 7 pm. Greg Trevaskis Chief Executive Officer 21 February 2017

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Table of Contents

Declaration of Opening ................................................................................... 4 Present and Apologies and Leave Of Absence (Previously Approved) .......... 4 1. Public Question Time ..................................................................... 5 2. Addresses by Members of the Public ............................................. 5 3. Requests for Leave of Absence ..................................................... 5 4. Petitions ......................................................................................... 5 4.1 Request for Partial Closure of Roundabout at Rochdale

Road & Haldane Street Intersection ............................................... 5 4.2 Parking Changes – Waroonga Road, Nedlands ............................ 5 5. Disclosures of Financial Interest .................................................... 6 6. Disclosures of Interests Affecting Impartiality ................................. 6 7. Declarations by Members That They Have Not Given Due

Consideration to Papers ................................................................. 6 8. Confirmation of Minutes ................................................................. 7 8.1 Ordinary Council Meeting 20 December 2016 ............................... 7 8.2 Special Council Meeting 13 December 2016 ................................. 7 9. Announcements of the Presiding Member without

discussion ...................................................................................... 7 10. Members announcements without discussion ................................ 7 11. Matters for Which the Meeting May Be Closed .............................. 7 12. Divisional reports and minutes of Council committees and

administrative liaison working groups ............................................. 8 12.1 Minutes of Council Committees ..................................................... 8 12.2 Planning & Development Report No’s PD01.17 to PD08.17

(copy attached) .............................................................................. 9 PD01.17 (Lot 1) No. 1/1 Hampden Road, Nedlands – Proposed

(Retrospective) Change of Use (From Office - Professional to Consulting Rooms) and Non-Illuminated Hoarding Sign ............ 9

PD02.17 (Lot 12) No. 7 Nidjalla Loop, Swanbourne – Privacy Screen ....... 12 PD03.17 (Lot 1) No. 14 Wattle Avenue, Dalkeith – Additions to

Dwelling ....................................................................................... 13 PD04.17 (Lot 75) No. 35 Shann Street, Floreat – Retrospective

Privacy Screen ............................................................................. 15 PD05.17 (Lot 13) No. 45 Melvista Avenue, Nedlands – Retrospective

Outbuilding ................................................................................... 17 PD06.17 (Lot 2) No. 115 North Street, Swanbourne – Proposed

Ancillary Accommodation and Carport ......................................... 20 PD07.17 Development Assessment Panels – City Of Nedlands

Nomination of Members ............................................................... 23 PD08.17 Public Health Act 2016 – Authorised Officers .............................. 25 12.3 Technical Services Report No’s TS01.17 (copy attached) ........... 26 TS01.17 Waste Minimisation Strategy 2017-2020 ...................................... 26 12.4 Corporate & Strategy Report No’s CPS01.17 to CPS02.17

(copy attached) ............................................................................ 27 CPS01.17 List of Accounts Paid – November 2016 ...................................... 27 CPS02.17 List of Accounts Paid – December 2016 ...................................... 28 13. Reports by the Chief Executive Officer ........................................ 29

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13.1 Common Seal Register Report – December 2016 & January 2017 ............................................................................................. 29

13.2 List of Delegated Authorities – December 2016 & January 2017 ............................................................................................. 30

13.3 Minister Order Scheme Amendment 206 Waratah Avenue ......... 31 14. Elected Members Notices of Motions of Which Previous

Notice Has Been Given ................................................................ 36 14.1 Councillor Horley – Bushfire Policy .............................................. 36 14.2 Mayor Hipkins – Appreciation Councillor Porter ........................... 38 15. Elected members notices of motion given at the meeting for

consideration at the following ordinary meeting on 28 March 2017 ............................................................................................. 39

16. Urgent Business Approved By the Presiding Member or By Decision ....................................................................................... 39

17. Confidential Items ........................................................................ 39 Declaration of Closure .................................................................................. 39

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City of Nedlands

Notice of an ordinary meeting of Council to be held in the Council chambers, Nedlands on Tuesday 28 February 2017 at 7 pm.

Council Agenda Declaration of Opening The Presiding Member will declare the meeting open at 7 pm and will draw attention to the disclaimer below. (NOTE: Council at its meeting on 24 August 2004 resolved that should the meeting time reach 11.00 p.m. the meeting is to consider an adjournment motion to reconvene the next day). Present and Apologies and Leave Of Absence (Previously Approved) Leave of Absence None (Previously Approved) Apologies Councillor W R B Hassell Dalkeith Ward Disclaimer Members of the public who attend Council meetings should not act immediately on anything they hear at the meetings, without first seeking clarification of Council’s position. For example by reference to the confirmed Minutes of Council meeting. Members of the public are also advised to wait for written advice from the Council prior to taking action on any matter that they may have before Council. Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.

Council Agenda 28 February 2017

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1. Public Question Time A member of the public wishing to ask a question should register that interest by notification in writing to the CEO in advance, setting out the text or substance of the question. The order in which the CEO receives registrations of interest shall determine the order of questions unless the Mayor determines otherwise. Questions must relate to a matter affecting the City of Nedlands.

2. Addresses by Members of the Public

Addresses by members of the public who have completed Public Address Session Forms to be made at this point.

3. Requests for Leave of Absence Any requests from Councillors for leave of absence to be made at this point.

4. Petitions

4.1 Request for Partial Closure of Roundabout at Rochdale Road & Haldane Street Intersection Petition attached from Ms Sonia Willey and 12 other petitioners regarding to Intersection of Rochdale Road & Haldane Street. The petition put to Council: “Request the City close the North Eastern lane of the roundabout from Rochdale Road entering into Haldane Street”.

4.2 Parking Changes – Waroonga Road, Nedlands Petition attached from 26 petitioners regarding to Parking Changes on Waroonga Road, Nedlands. The petition put to Council: “Request the City to introduce timed parking restrictions on Waroonga Road, Nedlands”.

Technical Services Officer City o f Nedlands PO Box 9 Nedlands WA 6909

Dear Sir/Madam,

Sonia & Peter Willey 35 Haldane Street Mt Claremont 6010 email: peter.willey5@b 16th February 2017

CITY OF NItTLANDS

gpond.com H JAN

RECEIVED RE: REQUEST FOR PARTIAL CLOSURE OF DANGEROUS ROUNDABOUT

AT ROCHDALE ROAD AND HALDANE STREET INTERSECTION

We, the undersigned, are residents from eight properties in Haldane Street Mt Claremont directly affected by the elevated location and structure o f a nearby roundabout.

Some years ago this roundabout was installed against the wishes - and to the detriment - o f local residents. Their concerns as to the danger the proposed roundabout presented have long proven to be valid, due in large part to the camber o f the roundabout's north east corner. This sloping section o f road enables motorists turning down off Rochdale Road to travel at speed into Haldane Street - with no clear view o f the road ahead

- and put at risk o f collision any nearby residents simultaneously reversing out o f their driveways.

This problem exists due to the curious decision to dangerously position this roundabout at the top o f a hill with extremely limited vision between Rochdale Road and Haldane Street east, in both directions. Due to our section o f Haldane Street dropping down on the low side o f the hill, residents are blindsided and unable to see cars about to turn down into the street from the roundabout, allowing little time to take evasive action when the generally fast moving vehicles suddenly appear. This scenario is played out on a daily basis and accidents are avoided due mainly to the extreme vigilance o f residents.

Within this short distance o f Haldane Street - between Strickland Street and Rochdale Road - are nine residential driveways, plus a laneway which services the Asquith shopping centre. Impatient motorists regularly weave around residents' vehicles in the process o f reversing out o f driveways, adding to the hazards o f traffic speeding up to and down from the roundabout and navigating around numerous cars pften parked in the street.

Since the roundabout's installation, traffic flow in Haldane Street has increased considerably due to easy access to and from Rochdale Road. Our once quiet street has since become a bypass road for motorists travelling southeast to Alfred Road from West Coast Highway - and back again. Haldane and Lisle Streets are a quick, easy route from Rochdale Road, after a straight run from West Coast Highway; at the same time avoiding traffic lights at the intersection o f Alfred & Rochdale Roads. Hurrying motorists - who appear to have a short-cut-mindset - show little consideration for the residential nature o f the streets along which they are speeding, nor have any patience with residents' cars entering and exiting driveways, often weaving around a moving vehicle.

Adding to this difficulty is the problem o f motorists ignoring Stop Signs located at the nearby intersection of Haldane and Strickland Streets. Shops and cafes in Strickland Street attract considerable traffic and numerous irresponsible motorists, turning left into Haldane Street, cruise through the Stop Sign without stopping and accelerate at speed up the hill and through the roundabout. For residents reversing from their 4riveways it is not uncommon to be caught in the middle o f several fast moving vehicles going in opposite directions.

4.1 - Attachment - Request for Partial Closure of Roundabout at Rochdale Road & Haldane Street Intersection

-11 -F.'. To alleviate this very dangerous situation before there is a nasty accident we, the residents, suggest The City, n O f Nedlands close the north eastern lane o f the roundabout to stop east-bound traffic from Rochdale Road 0 entering into Haldane Street. It would efficiently halve the flow o f fast moving traffic (the opposite direction is uphill approaching the roundabout and traffic naturally slows as there is minimal vision o f tiaffic coming from the right) and thereby substantially reduce the risks to residents. The potential alternate route for local displaced traffic would involve access through Whitney Crescent, which has residences on only one side of the street, opposite bushland; and with excellent visibility in all directions.

A roundabout at the intersection o f Brockway Road and Alfred Road has a similar configuration whereby the closure o f that roundabout's southern arm blocks south-bound traffic and efficiently resolved their traffic issues.

We look forward to hearing from you on this matter. As my husband and I will be away at times during the next three weeks we would appreciate i f you contact us via our email address or mobile 0429 929 350.

Yours sincerely,

onia Wille - /. / 7

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(OnwE 4.1 - Attachment - Request for Partial Closure of Roundabout at Rochdale Road & Haldane Street Intersection

4.2 - Attachment - Request for Parking Changes – Waroonga Road, Nedlands


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5. Disclosures of Financial Interest

The Presiding Member to remind Councillors and Staff of the requirements of Section 5.65 of the Local Government Act to disclose any interest during the meeting when the matter is discussed. A declaration under this section requires that the nature of the interest must be disclosed. Consequently a member who has made a declaration must not preside, participate in, or be present during any discussion or decision making procedure relating to the matter the subject of the declaration. However, other members may allow participation of the declarant if the member further discloses the extent of the interest. Any such declarant who wishes to participate in the meeting on the matter, shall leave the meeting, after making their declaration and request to participate, while other members consider and decide upon whether the interest is trivial or insignificant or is common to a significant number of electors or ratepayers.

6. Disclosures of Interests Affecting Impartiality

The Presiding Member to remind Councillors and Staff of the requirements of Council’s Code of Conduct in accordance with Section 5.103 of the Local Government Act. Councillors and staff are required, in addition to declaring any financial interests to declare any interest that may affect their impartiality in considering a matter. This declaration does not restrict any right to participate in or be present during the decision-making procedure. The following pro forma declaration is provided to assist in making the disclosure. “With regard to …… the matter in item x….. I disclose that I have an association with the applicant (or person seeking a decision). As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.” The member or employee is encouraged to disclose the nature of the association.

7. Declarations by Members That They Have Not Given Due Consideration to Papers

Members who have not read the business papers to make declarations at this point.


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8. Confirmation of Minutes

8.1 Ordinary Council Meeting 20 December 2016

The minutes of the Ordinary Council Meeting held 20 December 2016 are to be confirmed.

8.2 Special Council Meeting 13 December 2016

The minutes of the Special Council Meeting held 13 December 2016 are to be confirmed.

9. Announcements of the Presiding Member without discussion

Any written or verbal announcements by the Presiding Member to be tabled at this point.

10. Members announcements without discussion

Written announcements by Councillors to be tabled at this point. Councillors may wish to make verbal announcements at their discretion.

11. Matters for Which the Meeting May Be Closed

Council, in accordance with Standing Orders and for the convenience of the public, is to identify any matter which is to be discussed behind closed doors at this meeting, and that matter is to be deferred for consideration as the last item of this meeting.


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12. Divisional reports and minutes of Council committees and administrative liaison working groups

12.1 Minutes of Council Committees This is an information item only to receive the minutes of the various meetings held by the Council appointed Committees (N.B. This should not be confused with Council resolving to accept the recommendations of a particular Committee. Committee recommendations that require Council’s approval should be presented to Council for resolution via the relevant departmental reports). The Minutes of the following Committee meetings (in date order) are to be received: Sustainable Nedlands Committee 6 February 2017 Circulated to Councillors on 7 February 2017 Audti & Risk Committee 20 February 2017 Circulated to Councillors on 21 February 2017

Note: As far as possible all the following reports under items 12.2, 12.3, 12.4 and 12.5 will be moved en-bloc and only the exceptions (items which Councillors wish to amend) will be discussed.


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12.2 Planning & Development Report No’s PD01.17 to PD08.17 (copy attached)

Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration.

PD01.17 (Lot 1) No. 1/1 Hampden Road, Nedlands – Proposed (Retrospective) Change of Use (From Office - Professional to Consulting Rooms) and Non-Illuminated Hoarding Sign

Committee 14 February 2017 Council 28 February 2017 Applicant Blessing Health Pty Ltd Landowner The Estate of J P Wright Director Peter Mickleson – Director Planning & Development

Services Reference DA2016/369 Previous Item Nil Delegation In accordance with Clause 6.7.1a) of the City’s Instrument

of Delegation, Council is required to determine the application due to an objection being received.

Attachments 1. Photograph of subject property from Monash Avenue2. Photograph of subject property from Hampden Road

Committee Recommendation

Council approves the retrospective development application for the proposed change of use (from Office – Professional to Consulting Rooms) and the installation of 1 non-illuminated hoarding sign at (Lot 1) No. 1/1 Hampden Road, Nedlands, in accordance with the application received on 22 November 2016, subject to the following conditions and advice:

1. The development shall at all times comply with the approved plans.

2. The car-parking bays and the hoarding sign being maintained by thelandowner to the City’s satisfaction.

3. A maximum of 2 practitioners on the premises at any one time.

4. All existing signage not part of this approval being removed within 28days from the date of this decision.

5. The consulting rooms only being permitted to operate between Monday and Saturday 8.00am to 6.00pm.


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Advice Notes specific to this proposal: 1. All internal water closets and ensuites without fixed or permanent

window access to outside air or which open onto a hall, passage, lobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second.

2. An application to register the business is required to be lodged with,

and be approved by, the City’s Environmental Health section. This is to demonstrate how the business will comply with the requirements of the Health (Skin Penetration Procedures) Regulations 1998.

3. A separate application is required to be lodged and approved prior to

the erection/installation of any signage on the lot not part of this development approval.

4. Adequate staff and public sanitary conveniences shall be provided in

accordance with the Building Code of Australia. Recommendation to Committee Council approves the retrospective development application for the proposed change of use (from Office – Professional to Consulting Rooms) and the installation of 1 non-illuminated hoarding sign at (Lot 1) No. 1/1 Hampden Road, Nedlands, in accordance with the application received on 22 November 2016, subject to the following conditions and advice: 1. The development shall at all times comply with the approved plans. 2. The car-parking bays and the hoarding sign being maintained by the

landowner to the City’s satisfaction. 3. A maximum of 2 practitioners on the premises at any one time. 4. Patients visiting the property by prior appointment only. 5. All existing signage not part of this approval being removed within 28 days

from the date of this decision. 6. The consulting rooms only being permitted to operate between Monday and

Saturday 9.00am to 5.00pm. Advice Notes specific to this proposal: 1. All internal water closets and ensuites without fixed or permanent window

access to outside air or which open onto a hall, passage, lobby or staircase, shall be serviced by a mechanical ventilation exhaust system which is ducted to outside air, with a minimum rate of air change equal to or greater than 25 litres / second.


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2. An application to register the business is required to be lodged with, and be

approved by, the City’s Environmental Health section. This is to demonstrate how the business will comply with the requirements of the Health (Skin Penetration Procedures) Regulations 1998.

3. A separate application is required to be lodged and approved prior to the

erection/installation of any signage on the lot not part of this development approval.

4. Adequate staff and public sanitary conveniences shall be provided in

accordance with the Building Code of Australia.


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PD02.17 (Lot 12) No. 7 Nidjalla Loop, Swanbourne – Privacy Screen

Committee 14 February 2017 Council 28 February 2017 Applicant Rodrigues Bodycoat Architects Landowner H and P Bitdorf Director Peter Mickleson – Director Planning & Development

Services Reference DA2016/307 Previous Item Nil. Delegation In accordance with Clause 6.7.1a) of the City’s Instrument


Attachments 1. Photograph of the privacy screen’s proposed location when viewed towards the northern boundary of 7 Nidjalla Loop

2. Photograph of the privacy screen’s proposed location when viewed from Nidjalla Loop to the west

Committee Recommendation Council does not approve the development application. Recommendation to Committee Council approves the development application to install a privacy screen adjacent to the northern (rear) boundary at (Lot 12) No. 7 Nidjalla Loop, Swanbourne, subject to the following conditions and advice: 1. The development shall at all times comply with the approved plans.

2. The privacy screening shown on the approved plans being maintained by

the landowners to the City’s satisfaction.

3. All footings and the structure shall be constructed wholly inside the site boundaries of the Certificate of Title.

4. The privacy screen being ‘off-white’ powder coated aluminium, or other

material(s) acceptable to the City. Advice Notes specific to this approval: 1. This decision constitutes planning approval only and is valid for a period of

two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.


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PD03.17 (Lot 1) No. 14 Wattle Avenue, Dalkeith – Additions to Dwelling

Committee 14 February 2017 Council 28 February 2017 Applicant Dynamic Planning and Developments Landowner A Yoong Director Peter Mickleson – Director Planning & Development



Attachments 1. Photograph of the subject property from Wattle Avenue 2. Photograph of the proposed garage extension’s and

conservatory’s location looking eastward 3. Photograph of the proposed garage extension’s and

conservatory’s location looking westward Committee Recommendation / Recommendation to Committee Council approves the additions to the single dwelling at (Lot 1) No. 14 Wattle Avenue, Dalkeith, received on 1 November 2016, subject to the following conditions and advice: a) The development shall at all times comply with the approved plans. b) This development approval pertains to the garage extension,

conservatory and patio only. c) All stormwater from the development, which includes permeable and

non-permeable areas, shall be contained onsite. d) The parapet wall being finished to a professional standard by the

landowner prior to the practicable completion of the garage extension and conservatory, and be maintained thereafter by the landowner, to the City’s satisfaction.

e) All footings and the building shall be constructed wholly inside the

site boundaries of the Certificate of Title. Advice Notes specific to this approval: a) All downpipes from guttering shall be connected so as to discharge

into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block.


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b) Prior to the commencement of any demolition works, any Asbestos Containing Material (ACM) in the structure to be demolished, shall be identified, safely removed and conveyed to an appropriate landfill which accepts ACM.

i. Removal and disposal of ACM shall be in accordance with Health

(Asbestos) Regulations 1992, Regulations 5.43 - 5.53 of the Occupational Safety and Health Regulations 1996, Code of Practice for the Safe Removal of Asbestos 2nd Edition, Code of Practice for the Management and Control of Asbestos in a Workplace, and any Department of Commerce Worksafe requirements.

ii. Where there is over 10m2 of ACM or any amount of friable ACM to

be removed, it shall be removed by a Worksafe licensed and trained individual or business.

c) Any construction in the verge will require a Nature-Strip Development

Application (NSDA) to be lodged with, and approved by, the City’s Engineering section, prior to construction.

d) This decision constitutes planning approval only and is valid for a

period of two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.


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PD04.17 (Lot 75) No. 35 Shann Street, Floreat – Retrospective Privacy Screen

Committee 14 February 2017 Council 28 February 2017 Applicant I and A Mirmikidis Landowner I and A Mirmikidis Director Peter Mickleson – Director Planning & Development

Services Reference DA2016/373 Previous Item Item PD19.16 – May 2016 Delegation In accordance with Clause 6.7.1a) of the City’s Instrument


Attachments 1. Photographs of the existing 2.5m high privacy screening on the applicant’s property

2. Photographs of the existing and the proposed locations of the 2.5m high privacy screening as seen from 33 Shann Street (neighbouring property)

Committee Recommendation / Recommendation to Committee Council approves the retrospective development application for a privacy screen adjacent to the eastern (side) boundary at (Lot 75) No. 35 Shann Street, Floreat, subject to the following conditions and advice: 1. The development shall at all times comply with the approved plans,

with the exception of the following:

a) The privacy screen being a maximum of 2.5m in height above natural ground level immediately adjacent to the house and patio structure on 35 Shann Street, and a maximum of 2.1m in height above natural ground level for the remainder of the lot boundary behind the street setback area.

2. The privacy screening being maintained by the landowners to the

City’s satisfaction. 3. All footings and the structure shall be constructed wholly inside the

site boundaries of the Certificate of Title. Advice Notes specific to this approval: 1. Any fencing and/or further privacy screening behind the street

setback area which is more than 1.8m in height above natural ground level and within 0.9m of a dividing lot boundary, requires approval from the City prior to erecting.


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2. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.


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PD05.17 (Lot 13) No. 45 Melvista Avenue, Nedlands – Retrospective Outbuilding

Committee 14 February 2017 Council 28 February 2017 Applicant White Noise Designs Landowner Mr R Webster and Mrs A Webster Director Peter Mickleson – Director Planning & Development Services Reference DA16/317 Previous Item ADJ.17.11.94 Proposed Carport With Zero Lot Setback

E86.02 Proposed Overheight Fence Delegation In accordance with Clause 6.7.1 (d) of the City’s Instrument

of Delegation, Council is required to determine the application where discretion exists for Council to approve the variations under the City’s Town Planning Scheme No.2, policies and/ or the Residential Design Codes.

Attachments 1. Photograph of the existing building from Bostock Road 2. Photograph of the existing building facing south from 22

Bostock 3. Photograph of the existing roller door and piers from

Bostock Road Regulation 11(da) – Not applicable – Alternate Motion was Lost. This item will be reconsidered at the Ordinary Meeting of Council. Moved – Councillor Shaw Seconded – Councillor Hassell Council approves the additions to retrospective outbuilding at (Lot 13) No. 45 Melvista Avenue, Nedlands, received on 21 October 2016, subject to the following conditions and advice: 1. The development shall at all times comply with the approved plans. 2. This development approval pertains to the outbuilding only. 3. All stormwater from the development, which includes permeable and non-

permeable areas, shall be contained onsite. 4. The parapet wall being finished to a professional standard by the landowner

prior to the practicable completion of the outbuilding extension and be maintained thereafter by the landowner, to the City’s satisfaction.

5. All footings and the building shall be constructed wholly inside the site

boundaries of the Certificate of Title.

Advice Notes specific to this proposal:


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1. All downpipes from guttering shall be connected so as to discharge into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block.

2. Where there is over 10m2 of ACM or any amount of friable ACM to be

removed, it shall be removed by a Worksafe licensed and trained individual or business.

The Motion was PUT and LOST

On the Casting Vote of the Presiding Member 4/4 (Against: Mayor Crs. James Horley & Argyle)

(Abstained: Crs. Binks Hodsdon McManus & Smyth) Recommendation to Committee Council refuses the retrospective application for an outbuilding within the secondary street setback area at Lot (13) No. 45 Melvista Avenue, Nedlands, received 21 October 2016, for the following reasons: 1. The proposal does not satisfy the design principles stipulated under clauses

5.1.2 (Street setback) and 5.2.5 (Sight lines) of the Residential Design Codes and not complying with the Council’s Fill and Fencing Local Planning Policy, due to not providing adequate sight lines, and its scale and location having a significant impact on the streetscape.

2. The proposal not satisfying provisions (m) and (n) of the Planning and

Development (Local Planning Schemes) Regulations 2015 cl.67, as the proposal for a boundary wall is incompatible with low density zone and will negatively impact the character of the locality.


19

Advice Notes specific to this proposal: 1. The applicant is advised that if the existing unapproved structure within the

secondary street setback area is not removed within 60 days from the date of this decision, the City may issue a Planning Infringement Notice (PIN) as an offence under Regulation 42 of the Planning and Development Regulations 2009 has been committed. A PIN carries an initial penalty of up to $500.00 and can be issued on multiple occasions by the City prior to taking legal action.


20

PD06.17 (Lot 2) No. 115 North Street, Swanbourne – Proposed Ancillary Accommodation and Carport

Committee 14 February 2017 Council 28 February 2017 Applicant Perspective Developments Landowner V Plazy Director Peter Mickleson – Director Planning & Development



Attachments 1. Photograph of the split level backyard at 115 North Street (facing north)

2. Photograph of the proposed location for ancillary accommodation (facing west) from 115 North Street

3. Photograph of the proposed location for ancillary accommodation (facing north) from 115 North Street

4. Photograph of the proposed location for ancillary accommodation (facing east) from 115 North Street

5. Photograph of the proposed location for ancillary accommodation (facing south east) from 115 North Street

6. Photograph of the proposed carport location (facing north) from North Street

Committee Recommendation / Recommendation to Committee Council approves the application for ancillary accommodation and a carport to be constructed at (Lot 2) No. 115 North Street, Swanbourne, received on 6 July 2016, subject to the following conditions and advice: 1. The development shall at all times comply with the approved plans. 2. This development approval only pertains to the ancillary

accommodation and proposed carport. 3. This development approval does not pertain to any proposed works

in the verge (refer to advice note 3). 4. The ancillary accommodation building shall be occupied only by

persons related to the occupiers of the main dwelling.


21

5. The landowner shall execute and provide to the City a notification pursuant to section 70A of the Transfer of Land Act 1893, to be registered on the title to the land as notification to prospective purchasers that the use of the ancillary accommodation building is subject to the restriction set out in Condition 4. The full costs of the notification shall be borne by the landowner; and this condition shall be fulfilled prior to practicable completion of the ancillary accommodation.

6. All footings and the building shall be constructed wholly inside the

site boundaries of the Certificate of Title. 7. All sides of the carport shall remain open. 8. The proposed reversing area adjacent to the carport (as marked in red

on the plans) shall comply with the Australian Standards and be trafficable for vehicles. The reversing area shall be installed prior to the proposed carport’s practicable completion and be maintained thereafter by the landowner to the City’s satisfaction.

9. All existing and proposed fencing, visual privacy screens and

obscure glass panels to Major Openings and/or Active Habitable Spaces, shown on the approved drawings, shall prevent overlooking in accordance with the visual privacy requirements of the Residential Design Codes 2015 (R-Codes). The structures shall be installed prior to the development’s practical completion and remain in place permanently, unless otherwise approved by the City.

10. All stormwater from the development, which includes permeable and

non-permeable areas, shall be contained onsite. Advice Notes specific to this approval: 1. All downpipes from guttering shall be connected so as to discharge

into drains, which shall empty into a soak-well; and each soak-well shall be located at least 1.8m from any building, and at least 1.8m from the boundary of the block.

2. The applicant is advised to consult the City’s Visual and Acoustic

Privacy Advisory Information in relation to locating any mechanical equipment (e.g. air-conditioner) such that noise, vibration and visual impacts on neighbours are mitigated. The City does not recommend installing any equipment near a property boundary where it is likely that noise will intrude upon neighbours.

Prior to selecting a location for an air-conditioner, the applicant is advised to consult the online fair air noise calculator at www.fairair.com.au and use this as a guide to prevent noise affecting neighbouring properties.

http://www.fairair.com.au/


22

3. Any construction in the verge will require a Nature-Strip Development Application (NSDA) to be lodged with, and approved by, the City’s Engineering section, prior to construction.

4. This decision constitutes planning approval only and is valid for a

period of two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.


23

PD07.17 Development Assessment Panels – City Of Nedlands Nomination of Members

Committee 14 February 2017 Council 28 February 2017 Applicant City of Nedlands Officer Jennifer Heyes – Manager Planning Director Peter Mickleson – Director Planning & Development

Services Reference PLAN-032248 Previous Item Item 14.4 - 24 May 2011

Item 13.5 - 26 February 2013 Item PD07.15 - 24 February 2015

Attachments Nil. Committee Recommendation Council: 1. Pursuant to Regulation 26 of the Planning and Development

(Development Assessment Panels) Regulations 2011, nominates the following two local members and two alternate local members to sit on the City of Nedlands Development Assessment Panel:

a) Local members:

i. Mayor Hipkins ii. Councillor Shaw

b) Alternate local members

i. Councillor Smyth ii. Councillor Wetherall

2. Approves these nominations to be submitted to the Department of

Planning. Recommendation to Committee Council: 1. Pursuant to Regulation 26 of the Planning and Development (Development

Assessment Panels) Regulations 2011, nominates the following two local members and two alternate local members to sit on the City of Nedlands Development Assessment Panel:

c) Local members:

i. (insert nominee) ii. (insert nominee)


24

d) Alternate local members i. (insert nominee) ii. (insert nominee);

2. Approves these nominations to be submitted to the Department of

Planning.


25

PD08.17 Public Health Act 2016 – Authorised Officers Committee 14 February 2017 Council 28 February 2017 Applicant City of Nedlands Officer Andrew Melville – Manager Health and Compliance Director Peter Mickleson – Director Planning & Development

Services Reference PLAN-032491 Previous Item Nil. Attachments Nil.

Committee Recommendation / Recommendation to Committee That Council delegates to the Chief Executive Officer the authority to designate authorised officers under the Public Health Act 2016 in accordance with section 21 (1) (b) (i) of the Public Health Act 2016.

BY ABSOLUTE MAJORITY


26

12.3 Technical Services Report No’s TS01.17 (copy attached)

Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration. TS01.17 Waste Minimisation Strategy 2017-2020

Committee 14 February 2017 Council 28 February 2017 Applicant City of Nedlands Officer Chaminda Mendis - Waste Minimisation Co-ordinator Director Martyn Glover - Director Technical Services Attachments 2. Draft Waste Minimisation Strategy 2017-2020

3. Community Engagement Summary Report Committee Recommendation / Recommendation to Committee Council agrees to adopt the City of Nedlands’ Waste Minimisation Strategy 2017-2020 including the proposed recommendations and Action Plan.


27

12.4 Corporate & Strategy Report No’s CPS01.17 to CPS02.17 (copy attached) Note: Regulation 11(da) of the Local Government (Administration) Regulations 1996 requires written reasons for each decision made at the meeting that is significantly different from the relevant written recommendation of a committee or an employee as defined in section 5.70, but not a decision to only note the matter or to return the recommendation for further consideration. CPS01.17 List of Accounts Paid – November 2016

Committee 14 February 2017 Council 28 February 2017 Applicant City of Nedlands Officer Kim Chua – Manager Finance Director Lorraine Driscoll – Director Corporate & Strategy Attachments 4. Creditor Payment Listing November 2016

5. Purchasing Card Payments November 2016 (29th October – 28th November 2016)

Committee Recommendation / Recommendation to Committee Council receives the List of Accounts Paid for the month of November 2016 (refer to attachment).


28

CPS02.17 List of Accounts Paid – December 2016 Committee 14 February 2017 Council 28 February 2017 Applicant City of Nedlands Officer Kim Chua – Manager Finance Director Lorraine Driscoll – Director Corporate & Strategy Attachments 1. Creditor Payment Listing December 2016

2. Purchasing Card Payments December 2016 (29th November – 28th December 2016)

Committee Recommendation / Recommendation to Committee Council receives the List of Accounts Paid for the month of December 2016 (refer to attachment).


29

13. Reports by the Chief Executive Officer

13.1 Common Seal Register Report – December 2016 & January 2017

The Common Seal Register Report for the months of December 2016 & January 2017 are to be received. December 2016 SEAL NUMBER

DATE SEALED

DEPARTMENT MEETING DATE / ITEM NO.

REASON FOR USE

778 06/01/2017 Mayor’s Office N/A Mayor Witness of Life Certificate, UK Pension Service – Colin Robert Latchem

779 06/01/2017 Mayor’s Office N/A Mayor Witness of Life Certificate, UK Pension Service – Marion Latchem

January 2017 SEAL NUMBER

DATE SEALED

DEPARTMENT MEETING DATE / ITEM NO.

REASON FOR USE

880 20/01/2017 Corporate & Strategy

Council Resolution Report CPS34.16 20 December 2016

Parking and Parking Facilities Amendment Local Law 2016


30

13.2 List of Delegated Authorities – December 2016 & January 2017

The attached List of Delegated Authorities for the months of December 2016 & January 2017 are to be received.

Date of use of delegation of authority

Title Position exercising delegated authority

Act Section of Act Applicant / CoN / Property Owner / Other

Record of Delegations of Authority and Authorisations

December 2016 Date of use of delegation of authority

Title Position exercising delegated authority (choose)

Act (choose) Section of Act Applicant City of Nedlands, property owner or other (please specify)

01/12/2016 3025357 - Parking Infringement Withdrawal – other compassionate grounds

Manager Health & Compliance – Andrew Melville

Local Government Act 1995

Section 9.20/6.12(1)

Peta DeVincentis




Section 9.20/6.12(1)

Simon Penny




Section 9.20/6.12(1)

Stephen Dans

2/12/2016 (APP) – DA16/371 – 3 Robert St, Dalkeith – Gable Roofed Patio

Senior Statutory Planning Officer – Kate Bainbridge

City of Nedlands TPS2

Section 6.7.1 Eden Outdoor Living

5/12/2016 (APP) – DA16/330 – 33 Stirling Hwy, Nedlands – Change of Use (from Shop to Consulting Rooms)

Manager Planning – Jennifer Heyes


Section 6.7.1 Proekt Architecture





5/12/2016 (APP) – DA16/250 – 72 The Avenue, Nedlands – Retaining Walls to Single House

Coordinator Statutory Planning – Andrew Bratley


Section 6.7.1 Northshore Landscape Construction

5/12/2016 (APP) – DA16/284 – 75 Mooro Drive, Mt Claremont – Additions (Carport) to Single House



Section 6.7.1 R Kong

06/12/2016 Approval to write off minor rates debt November 2016 - $11.95

Chief Executive Officer – Greg Trevaskis

Local Government Act

Section 6.12 (1) (c) City of Nedlands

6/12/2016 (APP) – DA16/291 – 119A North St, Swanbourne – Two Storey Single House



Section 6.7.1 C M Bellagio Homes Pty Ltd

6/12/2016 (APP) – DA16/375 – 47 Stanley St, Nedlands – Additions (Patio) to Single House



Section 6.7.1 Sunwise Outdoor Living

6/12/2016 (CANCELLED) – DA16/163 – 25 Colin ST, Dalkeith – Two Storey Single House



Section 6.7.1 Webb & Browne Neaves Pty Ltd

6/12/2016 (CANCELLED) – DA16/293 – 36 Mountjoy Rd, Nedlands – Additions (Patio) to Single House



Section 6.7.1 B T Valiukas





6/12/2016 (APP) – DA16/339 – 92 Florence Rd, Nedlands – Carport & Additions to Existing Dwelling



Section 6.7.1 Daniel Cassetti Designs

7/12/2016 (APP) – DA16/322 – 65 Birdwood Pde, Dalkeith – Two Storey House with Loft



Section 6.7.1 P Imani

7/12/2016 (APP) – DA16/300 – 68 Jutland Pde, Dalkeith – Three Storey House and Ancillary Accommodation



Section 6.7.1 TPG Town Planning & Urban Design

8/12/2016 (APP) – DA16/206 – 133 Circe Circle South, Dalkeith – Three Storey House, Pool and Pool House



Section 6.7.1 Webb and Brown Neaves Pty Ltd

9/12/2016 (APP) – DA16/364 – 51 Aberdare Rd, Nedlands – Installation of a Non Illuminated Wall and Pylon Infill Sign



Section 6.7.1 Abbey Road

12/12/2016 (APP) – DA16/334 – 60 Meriwa St, Nedlands – Additions (Carport and Studio) to Existing House



Section 6.7.1 Swan River Constructions

13/12/2016 (CANCELLED) – DA16/213 – 21 Kitchener St, Nedlands – Renovations to Existing House



Section 6.7.1 D V Concept Cartel

13/12/2016 (APP) – DA16/358 – 69 Webster St, Nedlands – Replace existing

Senior Statutory Planning Officer


Section 6.7.1 R S K Craft Facility & Building Services





Picket Fence with Colorbond Fence

– Kate Bainbridge

13/12/2016 (APP) – DA16/383 – 31 The Avenue – Swimming Pool, Fence and Water Feature Wall



Section 6.7.1 J Lawson

13/12/2016 (APP) – DA16/366 – 154A Rochdale Rd, Mt Claremont – Additions and Alterations to Existing House



Section 6.7.1 M C Crofton & R C Offen

14/12/2016 (APP) – DA16/184 – 197 Selby Street, Floreat – Additions (Carport)



Section 6.7.1 T Kierath

15/12/2016 (APP) – DA16/386 – 4 Van Kleef Circuit, Mt Claremont – Swimming Pool and Over height Dividing Fence



Section 6.7.1 Select Pools

15/12/2016 (APP) – DA16/381 – 118-120 Monash Ave, Nedlands – Transformer Compound



Section 6.7.1 TPG Town Planning & Urban Design and Heritage

15/12/2016 (APP) – DA16/333 – 2 Genesta Cr, Dalkeith – Front Boundary Wall



Section 6.7.1 Landscapes WA

15/12/2016 (APP) – DA16/385 – 46 Archdeacon St, Nedlands – Street Boundary Fencing and Gatehouse



Section 6.7.1 Addstyle Constructions Pty Ltd





16/12/2016 (APP) – DA16/356 – 96 Kingsway, Nedlands – Boundary Fencing and Pool



Section 6.7.1 J G Kitto

16/12/2016 (APP) – DA16/377 – 21 North St, Swanbourne – Retrospective Signage



Section 6.7.1 Ms J Le Noury




Section 9.20/6.12(1)

Josh Ellis




Section 9.20/6.12(1)

Laura Cairns




Section 9.20/6.12(1)

Renita Wihono




Section 9.20/6.12(1)

Peta DeVincentis

19/12/2016 (APP) – DA16/361 – 48 Wood ST, Swanbourne – Three Storey Single House



Section 6.7.1 Mr R W Davidson

19/12/2016 (APP) – DA16/367 – 44 Bruce St, Nedlands – Carport



Section 6.7.1 Mr W L Tinapple





20/12/2016 (APP) – DA16/368 – 37 Gallop Rd, Dalkeith – Replace Front Boundary Wall



Section 6.7.1 C M Kelly

20/12/2016 (APP) – DA16/321 – 6 Leopold St, Nedlands – Two Storey Single House



Section 6.7.1 Next Residential

20/12/2016 (CANCELLED) – DA16/328 – 21 Burnettia Lane, Mt Claremont – Patio



Section 6.7.1 Perth Better Homes

21/12/2016 (APP) – DA16/395 – 70 Minora Rd, Dalkeith – Roof Service Area (Amendments to DA14/062)



Section 6.7.1 Concept Building Design

21/12/2016 (APP) – DA16/337 – 44 Marita Rd, Nedlands - Additions and Alterations to Existing House



Section 6.7.1 J Edwards

21/12/2016 (APP) – DA16/342 – 17 Carrington St, Nedlands – Two Storey Single House



Section 6.7.1 Broadway Homes

21/12/2016 (APP) – DA16/327 – 10 Lisle St, Mt Claremont – Fence, Retaining Wall Modification and Internal Renovations



Section 6.7.1 Element Drafting and Design





22/12/2016 (CANCELLED) – DA16/150 – 1 Colin St, Dalkeith – Replace Fencing on Southern Side of Boundary



Section 6.7.1 N R Youngman

22/12/2016 (CANCELLED) – DA16/219 – 8/4 Bulimba Road, Nedlands – Home Business (Tara’s Lovely Cakes)



Section 6.7.1 T Matthews

23/12/2016 (APP) – DA16/344 – 2 Korel Grdns, Swanbourne – Two Storey Single House



Section 6.7.1 Humphrey Builders

22/12/2016 (CANCELLED) – DA16/219 – 8/4 Bulimba Road, Nedlands – Home Business (Tara’s Lovely Cakes)



Section 6.7.1 T Matthews





January 2017 Date of use of delegation of authority

Title Position exercising delegated authority (choose)

Act (choose) Section of Act Applicant City of Nedlands, property owner or other (please specify)

04/01/2017 (APP) – DA16/365 – 2A James Rd, Swanbourne – Two Storey Single House



Section 6.7.1 M R W Davidson

09/01/2017 (APP) – DA16/384 – 18 Archdeacon St, Nedlands – Amendments To DA15/284 (Living, Alfresco Garage and Over Height Dividing Fence)



Section 6.7.1 S J Curtis


Director Planning & Development – Peter Mickleson


Section 9.20/6.12(1)

Mornay McKiever




Section 9.20/6.12(1)

Catherine Jones

09/01/2017 3024713 – Parking infringement withdrawal – other compassionate grounds



Section 9.20/6.12(1)

Gavin Parish





09/01/2017 3020196 – Parking infringement withdrawal – Officer Error



Section 9.20/6.12(1)

Stephen Dans

11/01/2017 Approval to write off minor rates debt December 2016 - $12.45

Chief Executive Officer – Greg Trevaskis

Local Government Act

Section 6.12 (1) (c) City of Nedlands

11/01/2017 (APP) – DA16/396 – 11 Nardina Crescent, Dalkeith – Amendments to DA16/159



Section 6.7.1 Builtoncorp Pty Ltd

12/01/2017 (APP) – DA16/352 – 2A Jutland Pde, Dalkeith – Boundary Wall to Existing House



Section 6.7.1 Urban Landscaping

13/01/2017 3019482 – Parking infringement Withdrawal – Officer Error



Section 9.20/6.12(1)

Ian Wilkes

16/01/2017 (APP) – DA17/4 – 42 Mayfair St, Mt Claremont - Addition (Balcony) to Rear of Single Dwelling (Amendments to DA16/133)



Section 6.7.1 B Flemming

17/01/2017 3025493 - Parking infringement Withdrawal – Officer Error

Andrew Melville – Manager Health & Compliance


Section 9.20/6.12(1)

James Meredith

17/01/2017 (APP) – DA17/5 – 3/23 Carrington St, Nedlands – Change of Use

Senior Statutory Planning Officer


Section 6.7.1 R Devereux





(from Industrial – Light to Warehouse

– Kate Bainbridge

18/01/2017 (APP) – DA16/392 – 5 Finch Way, Mt Claremont – Single Storey Single House



Section 6.7.1 Ms J K MacKenzie

18/01/2017 3023536 – Parking Infringement Withdrawal – Compassionate Grounds



Section 9.20/6.12(1)

Nichola Jennings

19/01/2017 (APP) – DA16/372 – 7 Broome St, Nedlands – Outbuilding (Shed)



Section 6.7.1 Square One Landscapes Pty Ltd

20/01/2017 (APP) – DA17/011 – 3 Sutcliffe St, Dalkeith – Additions and Alterations



Section 6.7.1 Mr G C Karageorge

20/01/2017 (APP) – DA16-393 – 89 Melvista Ave, Additions to Dwelling



Section 6.7.1 M Carbone Design

23/01/2017 (APP) – DA16/341 – 102 Monash Ave, Nedlands –Home Business



Section 6.7.1 D Lewis




Section 9.20/6.12(1)

Joanne Rembalski








Section 9.20/6.12(1)

Terence Raven




Section 9.20/6.12(1)

Hugh Reynolds

24/01/2017 3023531 - Parking Infringement Withdrawal – Compassionate Grounds



Section 9.20/6.12(1)

J Kibbleshire

25/01/2017 (APP) – DA17/002 – 27 Vincent St, Nedlands – Additions (Carport, Front and Side Boundary Fencing) to Single house



Section 6.7.1 J M Johnson

25/01/2017 (APP) – DA16/257 – 57 Mayfair St, Mt Claremont – Two Storey House



Section 6.7.1 Grant Allen Construction

27/01/2017 (APP) – DA17/7 – 1 (Unit 2) Hampden Rd, Nedlands – Change of Use (from Office – Professional to Consulting Rooms)



Section 6.7.1 P Crostella

27/01/2017 (APP) – DA16/380 – 38 Robinson St, Nedlands - Carport, Street Setback Area Fencing and Additions to Existing House



Section 6.7.1 Addstyle Constructions Pty Ltd





31/01/2017 (APP) – DA16/294 – 5B Alexander Rd, Dalkeith – Single Storey Single Dwelling



Section 6.7.1 Blane Brackenridge Architects

31/01/2017 (APP) – DA17/18 – 34 Circe Circle North, Dalkeith – Additions to Existing Single Dwelling



Section 6.7.1 R Piggott

31/01/2017 (APP) – DA16/394 – 103 Tyrell St, Nedlands – Verandah, Garage and Storeroom



Section 6.7.1 Dale Alcock Homes

31/01/2017 (APP) – DA16/374 – 13 Burwood St, Nedlands – Additions (Outbuilding) to Single House



Section 6.7.1 P Cranley




Section 9.20/6.12(1)

Brandan Pemberry




Section 9.20/6.12(1)

Lee Gowler




Section 9.20/6.12(1)

Macklin Brady


31

13.3 Minister Order Scheme Amendment 206 Waratah Avenue

Council 28 February 2017

Applicant City of Nedlands

Director Peter Mickleson – Director Planning & Development Services

Previous Item PD30.15 Council Resolution 23 June 2015

Delegation Order to the City of Nedlands under section 76(1) of the Act

Attachments 1. Council Meeting Minutes 23 June 2015 PD30.15 2. Confidential Attachment 3. Minister Order under s.76 of the Act. 4. Letter from Minister for request for extension of time.

1.0 Executive Summary The purpose of this report is to inform Council of an order issued by the Minister for Planning under s.76 of the Planning and Development Act 2005. This report provides a brief overview as to the procedural processes which are required to be undertaken by Council and the City Administration to comply with this order. This report is a CEO item due to the time constraints from the City receiving the order, requesting an extension of time, and presenting the information to Council. 2.0 Recommendation to Council Council 1. Adopts proposed Scheme Amendment No. 206 to rezone lots 225 to

236 and 340 to 348 Waratah Avenue, Dalkeith from Residential R10 to Residential R20.

2. In accordance with Planning and Development (Local Planning

Schemes) Regulations 2015 s.35(2) Council is of the opinion that the Amendment is a Complex Amendment because it is “(d) an amendment to comply with an order made by the Minister under section 76 or 77 of the Act”.

3. In accordance with Planning and Development (Local Planning

Schemes) Regulations 2015 s.37(2) Council directs Administration to forward the proposed amendment to the Commission and procced to advertise the complex amendment.


32

3.0 Background

March 2015 The City received Scheme Amendment No. 206 to Town Planning Scheme No. 2 (TPS2) proposing to rezone lots 225 to 236 and 340 to 348 Waratah Avenue, Dalkeith from Residential R10 to Residential R20. May 2015 During the time in which staff were reviewing the application, Council at 26 May 2015 Meeting resolved “not to initiate” (with legislative changes the term is now referred to as “adopt”) further scheme amendments to TPS2 to ensure all resources are diverted to the completion of the Local Planning Strategy and Local Planning Scheme No. 3 (LPS3). June 2015 Following the above resolution, a report was made to Council recommending not to adopt proposed Scheme Amendment No. 206. The report was considered at the Council Meeting 23 June 2015, where Council resolved not to adopt proposed Scheme Amendment No. 206. A copy of this report is provided as an attachment (refer Attachment 1). July 2015 The applicant lodged an appeal to the Minister, for review of Council’s decision under section 76 of the Planning and Development Act 2005 (the Act). A copy of the Applicants submission to the Minister is provided as a confidential attachment (refer Attachment 2). May 2016 The City received correspondence from the Department of Planning, requesting comment be provided regarding its reasons for not adopting proposed Scheme Amendment No. 206, in which the City responded with further planning justification. December 2016 Upon consideration of both the applicant and the City’s submission the Minister has given an order under s.76 of the Act, directing the City to adopt Scheme Amendment No. 206 to TPS2. A copy of the order is provided as an attachment (refer Attachment 3).


33

4.0 Discussion An order by the Minister made under s.76 of the Act allows the Minister to direct a local government, to prepare and submit an amendment to a local planning scheme for the approval of the Minister. The order issued requires the City to undertake the various procedural steps for a scheme amendment within 60 days of the order, this being 10 February 2017. Due to the recent holiday periods and time needed to present the order to Council Meeting an extension of time was requested by the City and approved by the Minister for the order to be undertaken by 3 March 2017. A copy of the letter from the Minister for the approval of extension of time is provided as an attachment (refer Attachment 4). It is within this time that the City must refer the scheme amendment to the Environmental Protection Authority and the Western Australian Planning Commission before it commences public consultation. Following the consultation, a report on the outcome of consultation will be submitted for Council’s final consideration. Council will need to consider all the submissions in relation to the proposed amendment and pass a resolution: (a) To support the amendment to the local planning scheme without

modification; or (b) to support the amendment to the local planning scheme with proposed

modifications to address issues raised in the submissions; or (c) not support the amendment to the local planning scheme. After passing a resolution the City must inform the Commission of its reasons for the decision together with a copy of submissions. The Commission will then report to the Minister who will consider the proposal and make a final decision. 5.0 Key Relevant Previous Council Decisions

PD29.15 Council Resolution Meeting Minutes 26 May 2015. Council: 1. Seek an extension of the 42 day timeframe for making changes to Town

Planning Scheme No.3 in order for Administration to complete the Local Planning Strategy;

2. Proceeds with the immediate and urgent completion of the Local Planning Strategy for submission to the Western Australian Planning Commission;

3. Upon completion of the Local Planning Strategy and approval for advertising, proceeds with immediate and urgent completion of Town Planning Scheme No.3 for submission to the Western Australian Planning Commission;

4. Does not initiate further amendments to Town Planning Scheme No. 2; and


34

5. To the extent that it is practicable, any existing amendments to Town Planning Scheme No. 2 that are afoot be incorporated into this process rather than pursued in isolation.

PD30.15 Council Resolution Meeting Minutes 23 June 2015. Council: Pursuant to Section 75 of the Planning and Development Act 2005, Council does NOT initiate an Amendment to Town Planning Scheme No. 2 to recode Lots 225 – 236 and 340 – 348 Waratah Avenue, Dalkeith from ‘Residential R10’ to ‘Residential R20’ for the following reasons: 1. The scheme amendment is premature due to the lack of suitable Local

Planning Framework, specifically a Local Planning Strategy, being in place.

2. Waratah Avenue Neighbourhood Centre and surrounds is appropriately

zoned to meet the minimum density requirements as required by State Planning Policy.

3. The built form outcome would be significantly different from the character

of the area and there are no provisions to aid in planning for a quality built outcome.

6.0 Consultation Following the adoption of the Scheme Amendment by Council, the City is required to undertake public consultation in accordance with Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) s.38. 7.0 Budget / Financial Implications The applicant is responsible for meeting the costs associated with the processing and advertising of this application. If the City however does not comply with the order, the City may be required to pay all costs, as discussed below in section 8.0 of this report. 8.0 Risk management Failure to comply with the order from the Minister may result in further enforcement action being commenced, most likely pursuant to section 212 of the Planning and Development Act 2005. Section 212 of the Act also allows the Minister to undertake any action necessary to comply with the order and in doing so charge the City the associated costs.


35

9.0 Conclusion The order requires the City to undertake all procedural processes under Part 5 of the Act by 3 March 2015. Administration therefore recommend to Council to adopt the proposed scheme amendment and proceed to advertise so that public consultation can be undertaken in a timely manner.

Council Agenda 23 June 2015

17

12.2 Planning & Development Report No’s PD30.15 to PD32.15 (copy attached) PD30.15 Scheme Amendment 206 – Initiation Report to

Change the Coding of Lots 225 – 236 and 340 – 348 Waratah Avenue, Dalkeith from ‘Residential R10’ to ‘Residential R20’.

Committee 9 June 2015

Council 23 June 2015

Applicant PHC Projects

Officer Emma van der Linden – Strategic Planning Officer

Director Peter Mickleson – Director Planning & Development

File Reference PLAN-PA-00010

Previous Item Nil. Regulation 11(da) – Not applicable – Recommendation adopted. Moved – Councillor Hassell Seconded – Councillor Binks Council Resolution / Committee Recommendation / Recommendation to Committee Council: Pursuant to Section 75 of the Planning and Development Act 2005, Council does NOT initiate an Amendment to Town Planning Scheme No. 2 to recode Lots 225 – 236 and 340 – 348 Waratah Avenue, Dalkeith from ‘Residential R10’ to ‘Residential R20’ for the following reasons: 1. The scheme amendment is premature due to the lack of suitable Local

Planning Framework, specifically a Local Planning Strategy, being in place.

2. Waratah Avenue Neighbourhood Centre and surrounds is appropriately

zoned to meet the minimum density requirements as required by State Planning Policy.



CARRIED EN BLOC 13/-

Attachment 1 - Council Meeting Minutes 23 June 2015 PD30.15

2

PD30.15 Scheme Amendment 206 – Initiation Report to

change the coding of Lots 225 – 236 and 340 –

348 Waratah Avenue, Dalkeith from

‘Residential R10’ to ‘Residential R20’.

Committee 9 June 2015

Council 23 June 2015

Applicant PHC Projects

Officer Emma van der Linden– Strategic Planning Officer

Director Peter Mickleson – Director Planning & Development

Director Signature File Reference PLAN-PA-00010

Previous Item Nil. 1.0 Executive Summary The purpose of this report is for Council to consider an application to initiate a proposed scheme amendment to Town Planning Scheme No. 2 (TPS 2). The application is to amend the coding of Lots 225 – 236 and 340 – 348 Waratah Avenue, Dalkeith from ‘Residential R10’ to ‘Residential R20’. The proposed scheme amendment is not considered necessary to achieve the density infill targets outlined in the State Planning Framework, with sufficient density already provided within the nearby Waratah Avenue Neighbourhood Centre area. The proposed scheme amendment is also considered premature due to the lack of a suitable Local Planning Framework specifically a Local Planning Strategy being in place, and in addition, would be contrary to Council resolution dated 26 May 2015, where it was resolved that council “does not initiate further amendments to Town Planning Scheme No. 2”. The proposed scheme amendment does not propose any Built Form Provisions to address design implications of future development. The subdivision of these properties without any local planning control will have significant implications on the general amenity of the area and the streetscape. For the above reasons the proposed scheme amendment is recommended not to be initiated.


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1.1 Recommendation to Committee Council: Pursuant to Section 75 of the Planning and Development Act 2005, Council does NOT initiate an Amendment to Town Planning Scheme No. 2 to recode Lots 225 – 236 and 340 – 348 Waratah Avenue, Dalkeith from ‘Residential R10’ to ‘Residential R20’ for the following reasons:

1. The scheme amendment is premature due to the lack of suitable Local Planning Framework, specifically a Local Planning Strategy, being in place.

2. Waratah Avenue Neighbourhood Centre and surrounds is appropriately zoned to meet the minimum density requirements as required by State Planning Policy.



1.2 Strategic Community Plan KFA: Natural and Built Environment The proposed scheme amendment concerns the Natural and Built Environment in regards to amending the controls set out in TPS No. 2. This will effect land use planning, development approvals, streetscape and compliance. 2.0 Background

Property address Lots 225 – 236 and 340 – 348 Waratah Avenue, Dalkeith

Lot area 1,163m² (north side) and 1,012m² (south side)

Current zoning: R10

Metropolitan Region Scheme Urban

Town Planning Scheme No. 2 Residential The lots subject to this proposed scheme amendment consist of 17 single residential dwellings, two strata lots and two properties with additional uses. Additional Use 51 is an Aged Persons Unit on 112 (Lot 225) Waratah Avenue and Additional Use 2 is a Church on 123 (Lot 342) Waratah Avenue. The lots are in a predominantly low density residential area serviced by traditional grid network. The dwellings located on these lots are predominantly single storey. The area is within proximity to the Waratah Avenue Neighbourhood Centre to the east and Local Centre to the west on the corner of Waratah Avenue and Robert Street.


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The lots subject to this proposed scheme amendment are outlined in Figure 1. This Figure also indicates the current zoning and the location of the lots in proximity to the two activity centres.

Figure 1 – Amendment area

2.1 Key Relevant Previous Council Decisions Nil.

2.2 Legislation / Policy Planning and Development Act 2005 (P&D Act)

Town Planning Regulations 1967

City of Nedlands Town Planning Scheme No. 2 (TPS No. 2) 3.0 Consultation Process

3.1 What consultation process was undertaken? Before the scheme amendment is initiated, there is no requirement for public consultation. Despite this, the City has received 6 submissions, 5 of which were in support and 1 submission opposing the proposed amendment. All of the submissions received were from land owners within the scheme area relating to this proposal.

WARATAH AVENUE

GERYGONE LANE

LEON ROAD

ALEX

AN

DER

RO

AD

PHILIP ROAD

AD

ELMA

RO

AD

RO

BER

T STREET

EXISTING WARATAH AVENUE

NEIGHBOURHOOD CENTRE EXISTING

LOCAL CENTRE

WARATAH AVENUE

PROPOSED SCHEME

AMENDMENT AREA


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Required by legislation: Yes No Required by City of Nedlands policy: Yes No 3.2 How and when was the community consulted? If Council initiates this amendment there is a statutory process to follow that requires environmental review, referrals to agencies likely to be affected by the proposed scheme amendment and advertisement of the proposed scheme amendment for public inspection as per Part 5 of the P&D Act.

4.0 Budget / Financial Implications Within current approved budget: Yes No Requires further budget consideration: Yes No This proposed scheme amendment has no budget or financial implications for the City. The applicant is responsible for meeting the costs associated with the processing of this application. 5.0 Risk management If Council resolves not to initiate this proposed scheme amendment, the Minister for Planning may instruct that the amendment be initiated. Section 76 of the P&D Act states that where the Minister is satisfied on any representation that the local government has failed to adopt (initiate) a proposal which “ought to be adopted”, the Minister may order the local government to do so.

6.0 Discussion 6.1 Introduction 6.1.1 Site Details The subject area, being Lots 225 to 236 and 340 to 348 Waratah Avenue, are located in the suburb of Dalkeith and are surrounded by predominantly low scale residential. The properties are located between two retail centres, a small local centre to the west on the corner of Roberts Street and Waratah Avenue and a larger neighbourhood centre to the east along Waratah Avenue (Waratah Avenue Neighbourhood Centre). Lots within the amendment area, on the north side of Waratah Avenue, have rear access to Gerygone Lane and have a lot area of 1,163m², while lots to the south side of Waratah Avenue only have access to Waratah Avenue and are 1,012m². The subject properties are predominantly green title single storey residential dwellings, the only exceptions being two properties which are survey strata lots with two grouped dwellings each and two other properties having approved additional uses (Additional Use A2 - Church and Additional Use A51 - Aged Persons Units).


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6.1.2 Proposed Amendment Details The scheme amendment proposes to recode Lots 225 – 236 and 340 – 348 Waratah Avenue, Dalkeith from ‘Residential R10’ to ‘Residential R20’. 6.2 Planning Context 6.2.1 State Planning Framework The State Planning Framework indicates the primary policies and strategies used to clarify and inform the public and those administering planning instruments of the framework of policies and strategies that come into play in planning decisions. Local governments must have due regard to the provisions that form part of this framework in preparing planning schemes and scheme amendments, and making decisions on planning matters. The Commission will assess local government town planning schemes and amendments against the State Planning Framework to ensure they are consistent with state and regional policies. Directions 2031 and Beyond (2010) Directions 2031 and Beyond (Directions 2031) provides a high level of strategic planning to guide development for the future growth of the Perth and Peel region. The City of Nedlands is identified in Directions 2031 as being within the central metropolitan sub-region. This sub-region is characterised as having a predominantly traditional grid form of neighbourhood subdivision which provides opportunities for targeted infill development and redevelopment to meet changing community needs. Directions 2031 discourages a ‘blanket’ up-coding of large areas of inner suburbs as it will not enhance the character of neighbourhoods. Central Metropolitan Perth Sub-Regional Strategy (2010) The Central Metropolitan Perth Sub-Regional Strategy (Sub-Regional Strategy) is a product of Directions 2031, which provides a framework for delivering the objectives of Directions 2031. The strategy sets housing targets for local governments and ‘Future Growth Areas’. The City of Nedlands’ housing target is 3,500 with 2,590 additional dwellings to be provided by 2031 with an additional 910 dwellings to be provided after 2031 to achieve the total of 3500 dwellings1. The density targets are to encourage a mix of housing types to provide more opportunities for the renewal and redevelopment of established urban areas while recognising the character of detached housing stock in established suburbs.

1 Council is advised that the recently advertised Draft Perth and Peel @ 3.5 Million report has revised these figures and Nedlands has been identified to provide 4,400 dwellings by 2050.


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The strategy states that local governments should apply higher densities through local planning strategies and schemes within proximity to retail and employment centres and high frequency public transport nodes. The strategy also identifies Waratah Avenue as a ‘minor growth area’ which could contribute 10-399 additional dwellings by 2031. The strategy goes down a further level by picking out Waratah Avenue Neighbourhood Centre as specifically having a projected yield of 40 dwellings to be accommodated by 2031. State Planning Policy 4.2 – Activity Centres for Perth and Peel (2010) Directions 2031 aims at providing increased density targets by concentrating growth in planned networks of activity centres. State Planning Policy 4.2 (SPP 4.2) purpose is to provide the framework for creating new activity centres and the redevelopment and renewal of existing centres in Perth and Peel. The City of Nedlands has identified the retail area along Waratah Avenue as a Neighbourhood Centre. Neighbourhood Centres are defined as areas which are important community focal points that help to provide for main daily to weekly household shopping and community needs. The policy also states that Neighbourhood Centres should be the focus for medium density housing. Neighbourhood centres are defined as having a catchment area 1km and should have a concentrated density within 200m with 15 dwellings per gross hectare. This equates to providing 187 dwellings within 200m of a neighbourhood centre. The Policy also outlines the importance of strong planning legislation which should define the boundaries of centres and implement density targets through Structure Plans or Detailed Area Plans (Local Development Plans). 6.2.2 Local Planning Framework Local Housing Strategy (2001) The Local Housing Strategy recognises the need to provide a greater mix of housing types to accommodate the changing demographics of the area, but it is also conscious of not compromising the existing residential character of the area. Council resolved to undertake changes in residential density to a number of areas throughout the City, one of those areas included changes to Dalkeith (Waratah Avenue/Alexander Road) which resulted in the Alexander Road Detailed Area Plan adopted to TPS 2. It is important to note that the properties subject of this Amendment were not identified for rezoning in this Strategy. Housing Diversity Study (2006) The aim of the Housing Diversity Study was to research in a definitive way how to address:

1. Current housing diversity and land availability in the City; 2. Statistical trends in City Demographics; 3. Trends in housing development; 4. State and Local Government policy; 5. Current Strategic directions within the housing industry; and


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6. Strategic direction of the City. Whilst this document is nine years old and there has been a shift in the State Planning Framework the majority of the local contextual issues are still relevant and recommendations still valid. The key recommendation from this study was to establish 11 redevelopment areas to guide appropriate building form outcomes, which will facilitate denser, more diverse dwelling types. The properties subject to this Amendment were included in the redevelopment area on the precinct plan for Dalkeith Redevelopment (Precinct 18). The key suitable strategies identified for this precinct included:

The larger lot sizes are important for housing diversity across the metropolitan area.

The study identified that laneways offer an opportunity for subdivision without major amenity change. However, some would require upgrading to accommodate increased traffic.

Waratah Avenue and surrounds could be further diversified to offer smaller dwellings within walking distance of services. Increased parking would need to be considered.

Scheme Amendment 192 (2012) Scheme Amendment 192 which resulted in the insertion of Appendix VI to TPS 2 ‘Dalkeith Redevelopment - Special Control Area Provisions’ started as the Dalkeith Guidelines project which was produced from the Housing Diversity Study. The properties subject to this proposed Scheme Amendment were included in the original Dalkeith Guidelines study area, however in 2008, Council resolved to only include those properties that were zoned commercial to be included in the resulting Scheme Amendment 192. As such the residential properties subject to this proposed scheme amendment were removed from the potential rezoning as set out in the Housing Diversity Study and original Dalkeith Guidelines study area. However, the resulting Scheme Amendment 192 introduced development control provisions that applied to the commercial zoned properties along Waratah Ave between Adelma and Alexander Roads which allows for mixed use, multiple unit redevelopment to generally 4 storeys. Summary of State and Local Planning Framework Generally, the State planning documents require Local Governments to provide greater housing diversity for inner city metropolitan areas, this will mean housing infill resulting from increased density. The State Planning Framework sets out specific housing targets for each Local Government and the City should be working to achieve these objectives, with a focus to provide concentrated development in activity centres.


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State policy requires that Local Governments have strong planning mechanisms in the form of Structure Plans or Local Development Plans (Detailed Area Plans) which will identify key activity centres, define the boundaries of these centres and control the built form outcome for increased density. Waratah Avenue Neighbourhood Centre was identified as being a neighbourhood centre which could accommodate future growth with the release of Directions 2031 in 2010. Scheme Amendment 192 to TPS 2 introduced redevelopment provisions for this centre, which were adopted in 2012. The Scheme Amendment 192 allows increased densities within the Waratah Avenue Neighbourhood Centre in accordance with Directions 2031 and SPP 4.2. Development has since occurred in accordance with these redevelopment provisions with the recently approved 4 storey apartment building on No. 87 – 91 Waratah Avenue (“Dalkeith on Waratah” development) resulting in 31 residential apartment units. The City has investigated the possible density which could be accommodated on surrounding properties with these redevelopment provisions and determined that resulting development would meet the minimum required by State policy density targets for neighbour centres. The City therefore does not consider further density along Waratah Avenue necessary to meet the density targets of the neighbourhood centre. Until such time that a comprehensive Local Planning Strategy has further and more fully assessed the City’s requirements for this neighbourhood centre and its future housing needs, the City considers the proposed scheme amendment premature. The City is currently in the process of developing a Local Planning Strategy and a new Scheme. Until the City has an adopted Local Planning Strategy, the boundaries that define the location, size and form of the City’s activity centres has not been determined. Permitting the up-coding of these properties would therefore be considered ad-hoc growth. Therefore, the scheme amendment is considered premature due to the lack of a suitable Local Planning Framework, specifically a Local Planning Strategy, being in place. 6.3 Built Form Outcome The proposed scheme amendment involves recoding Lots 225 to 236 and 340 to 348 Waratah Avenue from ‘Residential R10’ to ‘Residential R20’. Lots within the amendment area to the north have an area of 1,163m² while the lots to the south have an area of 1,012m². If Council were to support this amendment and allow the lots to be recoded to R20 the properties could be subdivided, with R20 lots required to provide a minimum lot area of only 350m² and an average of 450m². Subdivision is therefore only constrained by the ability to meet the minimum and average lot area. Subdivision could be in the form of battle-axe style or side-by-side style.


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Furthermore, the properties to the north have rear access to Gerygone Lane which could potentially allow for the existing dwelling to be retained and a lot created at the rear with access to the laneway. Whilst the properties to the south only have access to Waratah Avenue, which would generally require the existing dwelling to be demolished to allow for subdivision. Without planning controls, subdivision of these properties would result in different design outcomes between the two sides of the street, this would significantly change the streetscape and amenity of the area. Summary of Built Form Outcome The applicant has not included in the proposal any changes to the City’s Town Planning Scheme No. 2 to control subdivision or built form outcomes. Whilst the built form outcomes described above are not all considered negative, the scheme amendment would need to include suitable local planning controls such as a Local Development Plan / Detailed Area Plan or a Local Planning Policy which would allow the City to control the built form outcomes of future development. It is considered that this amendment should not be entertained without first the implementation of local planning controls to ensure development does not have an adverse impact on the streetscape and the surrounding area. It is also noted that there may be a need for the upgrading and widening of Gerygone Lane which would be required to accommodate any increased traffic caused by increased housing density if this amendment were to proceed. This would also require considerable input from an engineering perspective and careful consideration and specific planning controls regarding its treatment. 6.4 Conclusion The proposed scheme amendment seeks to recode Lots 225 – 236 and Lots 340 – 348 Waratah Avenue from ‘Residential R10’ to ‘Residential R20’. The proposed scheme amendment is not considered to address the State Planning Framework with regard to providing increased density within activity centres as the properties are considered outside of the area identified for the Waratah Avenue Neighbourhood Centre. The proposed scheme amendment is not considered necessary for the City to achieve the required density infill as outlined in Directions 2031, the Central Metropolitan Perth Sub-Regional Strategy and State Planning Policy 4.2 – Activity Centres for Perth and Peel. The City’s current Local Planning Framework consists of a range of outdated and/or draft documents that give little guidance on what is considered appropriate for future development of the area and cannot be given significant weight for strategic decision making. Until such time that the core and frame of the Neighbourhood Centre have been further assessed and determined in the revised Local Planning Strategy, the proposed scheme amendment is considered premature due to the lack of local planning direction.


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Given that the Applicant has not proposed any Built Form Provisions to be adopted as part of this scheme amendment, it is considered the proposed scheme amendment will not adequately address the design of future subdivision. The development of these lots without local planning controls will have a significant impact upon the streetscape and the character of the area. It is recommended that Council does not initiate the proposed scheme amendment on the basis that the intent of the development does not appropriately align with the State and Local Planning Framework. It is central to note that the future subdivision of these properties without local planning control will have significant implications on the general amenity of the area and the streetscape. 7.0 Attachments 1. Proposed Scheme Amendment Report


Minister for Planning; Disability Services

Our Ref: 33-29983

Mr Greg Trevaskis Chief Executive Officer City of Ned lands

L.; N.

PO Box 9 19 DEC 2016 NEDLANDS WA 6909

Recejved Records Services

Dear Mr Trevaskis

REPRESENTATION UNDER SECTION 76 OF THE PLANNING AND DEVELOPMENT ACT 2005: CITY OF NEDLANDS TOWN PLANNING SCHEME NO. 2 - AMENDMENT NO. 206

I write in response to a representation made pursuant to section 76 of the Planning and Development Act 2005 (the Act) received from J and M Rattigan in relation to proposed Amendment No. 206 to the City of Nedlands Town Planning Scheme No. 2 (TPS 2). A copy of the representation is attached for your convenience.

Upon due consideration of all the relevant facts and submissions, including representations made by the City, I have decided to give an order under section 76 of the Act to the City to initiate Amendment 206 to its TPS 2, as outlined in the representation by J and M Rattigan, dated July 2015. The signed order is attached for your perusal, together with a copy of the reasons for this decision.

It would be appreciated if you would note the contents of the order and ensure that my directions are carried out within the timeframe specified in the order. Please note that the various procedural steps outlined under Part 5 of the Act still apply, and must be completed within the timeframe specified in the order, including referral to the Environmental Protection Authority and the Western Australian Planning Commission. Failure to comply with the order may result in further enforcement action being commenced, most likely pursuant to section 212 of the Act.

This direction for the Council to initiate the amendment does not represent any formal support for the proposal. It simply represents my view that the proposed amendment is worthy of further consideration via the scheme amendment process.

Level 7, Dumas House, 2 Havelock Street, West Perth, Western Australia, 6005. Telephone +61 8 6552 5300 Facsimile +61 8 6552 5301 Email: [email protected]

www.premier.wa .gov.au

Attachment 3 - Minister Order Under S.76 of the Act.

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Please note there is no right of appeal against this decision.

If you have any questions regarding the practicable operation and effect of this order, please contact Alex Petrovski at the Department of Planning (tel: 6551 9379; or via email Alex.Petrovskiplanning.wa.gov.au).

Yours sincerely

Hon Donna ragher JP MLC MINISTER FOR PLANNING; DISABILITY SERVICES

Att: Copy of representation Order Reasons for Decision

13 DEC 2016


Planning and Development Act 2005 Order to City of Nedlands under section 76(1) of the Act

Reasons for Decision

I, the Hon Donna Faragher JP MLC, Minister for Planning, am satisfied on representations before me that the City of Nedlands has failed to initiate an amendment to its Town Planning Scheme proposed by owners of land in a case where such an amendment ought to be initiated, for the following reasons:

1 I consider that the proposal to rezone Lots 225-236 and 340-348 Waratah Avenue, Dalkeith is in keeping with the principle of supporting higher residential densities in and around activity centres consistent with Directions 2031 and Beyond and State Planning Policy 4.2 — Activity Centres for Perth and Peel and, as such, it is appropriate that the proposal be initiated to allow for the amendment to be advertised for public comment and further detailed assessment to be undertaken through the scheme amendment process.

Signed this A lAc

day o f00-677e67( 2016

,ter

HON DONNA MINISTER F

ARAGHER JP MLC R/PLANNING; DISABILITY SERVICES


Planning and Development Act 2005 Order to City of Nedlands under section 76(1) of the Act

1. I, the Hon Donna Faragher JP MLC, Minister for Planning, pursuant to section 76 of the Planning and Development Act 2005, order the City of Nedlands to initiate an amendment to Town Planning Scheme No. 2, as outlined in the representation by J and M Rattigan dated July 2015 (attached).

2. The City of Nedlands is to comply with this order within 60 days of the date of the order.

Signed this/2 day of,Pg-C1661f 2016

o4 HON DON MINISTE

ARAGHER JP MLC OR PLANNING


Our Ref: Your Ref:

Minister for Planning; Disability Services City Of Nedland's

40-16222 PLAN-031752

Mr Peter Mickleson Director Planning and Development City of Ned lands PO Box 9 NEDLANDS WA 6909

Dear Mr Mickleson

- 3 FEB 2017 Received

Records Services _

SECTION 76 ORDER - CITY OF NEDLANDS TOWN PLANNING SCHEME NO. 2 AMENDMENT NO. 206 - REQUEST FOR EXTENSION OF TIME TO COMPLY WITH ORDER

Thank you for your letter of 23 December 2016 and your request for an extension of time to comply with the above order, which was issued by me on 19 December 2016.

I appreciate that, as a result of the recent holiday period and the City's first Council meeting of 2017 being in late February, the City will not be able to meet the 60-day time period established to comply with the order which ceases on 17 February 2017. In light of this, I agree to an extension of time to no later than Friday, 3 March 2017.

Please be aware that the section 76 order requires the proposed amendment to the City's Town Planning Scheme No. 2 to be initiated, and it is anticipated that this process will be undertaken independently from the City's scheme review process. Should the amendment and new town planning scheme be finalised at a similar time, opportunities may exist to combine and/or gazette the documents simultaneously.

I appreciate you raising this matter with me and trust the above information is of assistance.

Yours sincerely

GA Hon Donna agher JP MLC MINISTER FOR PLANNING; DISABILITY SERVICES

- 1 FEB 2017

Level 7, Dumas House, 2 Havelock Street, West Perth, Western Australia, 6005. Telephone +61 8 6552 5300 Facsimile +61 8 6552 5301 Email: [email protected]

www.premier.wa.gov.au

Attachment 4 - Letter from Minister for request for extension of time.


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14. Elected Members Notices of Motions of Which Previous Notice Has Been Given Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion.

14.1 Councillor Horley – Bushfire Policy At the Council meeting on 20 December 2017 Councillor Horley gave notice of her intention to move the following at this meeting. City develops a policy with regard to: 1. identifying bushfire prone areas within the City; and 2. incorporating appropriate requirements for adjacent development

within its approval processes, including a bushfire management plan with bushfire hazard measures (including an onsite Hazard Separation Zone) being specified prior to any approvals being granted.

Administration Comment It may not be necessary to develop a policy to identify bushfire prone areas (BPAs) and/or to outline measures to minimise the potential impact of bushfires, as such documents already exist. Since late 2015, state wide mapping has existed which identifies BPAs. This is available on the DFES website, and data from the mapping has been transferred onto the City’s Intramaps program to make it easier for Officers to identify such areas. From a Planning perspective, the following bushfire legislation exists: • Planning and Development (Local Planning Schemes) Regulations 2015 • Planning and Development (Local Planning Schemes) Amendment

Regulations 2015 • State Planning Policy 3.7 – Planning in Bushfire Prone Areas • Planning for Bush Fire Protection Guidelines (2015) In accordance with the Planning and Development (Local Planning Schemes) Amendment Regulations 2015 the above legislation only applies to development proposed on properties within BPAs if it is:


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“(a) the construction or use, or construction and use, of a single house or ancillary dwelling on a lot or lots with a total area of 1 100 m2 or more; or (b) the construction or use, or construction and use, of — (i) a habitable building other than a single house or ancillary dwelling; or (ii) a specified building.” A ‘habitable building’ being a fully or partially enclosed building used for living, working, studying or being entertained. A ‘specified building’ being any structure of a kind specified in a local planning scheme and/or a policy. If any of the above types of development are proposed on a property within a BPA, a bushfire attack level (BAL) assessment is required to be provided to the City by an accredited bushfire practitioner. A list of accredited bushfire practitioners is available on the DFES website. A BAL assessment identifies the BAL rating which applies to the property. Typically the higher the BAL rating the more dense the vegetation. Details regarding the various BAL ratings are outlined under AS3959. If the property is identified as having a rating of above BAL-29 development approval is required (even if the development is compliant with all the City’s requirements), and a bushfire management plan is required to be provided which outlines what measures are proposed in order to reduce the rating. Often applicants will simply propose to remove vegetation on the property where the development is proposed as this is the easiest and cheapest option. Alternatively the development can be built in accordance with AS3959, however this will result in the cost of the building works increasing significantly. An example of a bushfire management plan received by the City was provided for the proposed redevelopment of the former Shenton Park Hospital site (6 Selby Street) considered by Council last March.


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14.2 Mayor Hipkins – Appreciation Councillor Porter On the 14 February 2017 Mayor Hipkins gave notice of his intention to move the following at this meeting. Council records its appreciation for the service to the Council, the City and the people of Nedlands by Joe Porter, Councillor of the City from September 2011 to 31 January 2017. It is noted that he resigned from Council for reasons beyond his control and the Mayor and Councillor wish him well for the future. Justification 1. It is appropriate that Council records its appreciation for service given. 2. Councillor Porter’s service was always of value – he was incisive in his

approach to issues. 3. He will be missed from Council and the Mayor and Councillors wish to

record their thanks and appreciation. Administration Comment Greg Trevaskis, Chief Executive Officer wishes to pass on thanks and appreciation on behalf of the Executive Team and Staff at the City for his service to the community and support to administration during his time as a City Councillor.


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15. Elected members notices of motion given at the meeting for consideration at the following ordinary meeting on 28 March 2017 Disclaimer: Where administration has provided any assistance with the framing and/or wording of any motion/amendment to a Councillor who has advised their intention to move it, the assistance has been provided on an impartial basis. The principle and intention expressed in any motion/amendment is solely that of the intended mover and not that of the officer/officers providing the assistance. Under no circumstances is it to be expressed to any party that administration or any Council officer holds a view on this motion other than that expressed in an official written or verbal report by Administration to the Council meeting considering the motion. Notices of motion for consideration at the Council Meeting to be held on 28 March 2017 to be tabled at this point in accordance with Clause 3.9(2) of Council’s Local Law Relating to Standing Orders.

16. Urgent Business Approved By the Presiding Member or By Decision

Any urgent business to be considered at this point.

17. Confidential Items

Any confidential items to be considered at this point.

Declaration of Closure

There being no further business, the Presiding Member will declare the meeting closed.

2017 council meeting agenda - 28 february...agenda council meeting 28 february 2017 dear council...

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