minutes - city of fremantle - ocm - minutes.pdf1. in the minutes of the council meeting dated 26...

MINUTES

Ordinary Meeting of Council

Wednesday, 26 November 2014, 6.00pm

Minutes - Ordinary Meeting of Council 26 November 2014

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TABLE OF CONTENTS

ITEM NO SUBJECT PAGE

DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 4

NYOONGAR ACKNOWLEDGEMENT STATEMENT 4

IN ATTENDANCE 4

APOLOGIES 5

LEAVE OF ABSENCE 5

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 5

PUBLIC QUESTION TIME 6

DISCLOSURES OF INTEREST BY MEMBERS 7

APPLICATIONS FOR LEAVE OF ABSENCE 7

PETITIONS / DEPUTATIONS / PRESENTATIONS 8

ANNOUNCEMENTS BY THE MAYOR 9

QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS 9

TABLED DOCUMENTS 9

LATE ITEMS NOTED 10

COMMITTEE REPORTS 11

STRATEGIC AND GENERAL SERVICES COMMITTEE 19 NOVEMBER 2014 11

SGS1411-2 CARRIAGE COFFEE SHOP LEASE EXTENSION - ESPLANADE RESERVE, FREMANTLE 11

PLANNING SERVICES COMMITTEE 5 NOVEMBER 2014 17

PSC1411-178 ROAD NAMING - STEVENS STREET, NO. 101-133 (LOT 2089), WHITE GUM VALLEY (FORMER KIM BEAZLEY SCHOOL SITE) - (KW) 17

PSC1411-179 DRAFT STRUCTURE PLAN DEVELOPMENT AREA 4 - SWANBOURNE STREET ADOPTION FOR FINAL APPROVAL 24


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PSC1411-180 SCHEME AMENDMENT NO. 61 - AMENDMENT TO SUB AREA 1.3.2 OF LOCAL PLANNING AREA 1 - FINAL ADOPTION 47

SPECIAL PROJECTS COMMITTEE 12 NOVEMBER 2014 65

SPC1411-1 FREMANTLE ACTIVITY CENTRE STRUCTURE PLAN - PURPOSE, OBJECTIVES AND ACTIONS 65

SPC1411-2 ISSUES ASSOCIATED WITH GOVERNMENT ANNOUNCEMENT OF AMALGAMATION WITH THE TOWN OF EAST FREMANTLE 76

LIBRARY ADVISORY COMMITTEE 12 NOVEMBER 2014 86

LAC1411-1 LIBRARY AND INFORMATION SERVICE REPORT - JULY - SEPTEMBER 2014 86

LAC1411-2 TOY LIBRARY QUARTERLY REPORT - JULY - SEPTEMBER 2014 95


SGS1411-7 HARVEY BEACH RIVER WALL PROJECT AND GRANT 99

SGS1411-8 SOUTHERN METROPOLITAN REGIONAL COUNCIL RECYCLE RIGHT PLAN 2014 - 2017 103

SGS1411-10 AMENDMENT OF PARKING LOCAL LAW FOR DISABILITY PARKING 106

SGS1411-11 MONTHLY FINANCIAL REPORT - OCTOBER 2014 109

SGS1411-12 RENEWABLE ENERGY RESERVE REQUESTS 2014 114

SGS1411-14 ADOPTION OF THE COUNCIL AND COMMITTEE MEETING SCHEDULE FOR THE PERIOD JANUARY 2015 - OCTOBER 2015 120

SGS1411-15 REQUEST TO IMPLEMENT A PROCESS FOR FORMAL NOTIFICATION OF STRATEGIC AND GENERAL SERVICES COMMITTEE AND COUNCIL ITEMS 123

SGS1411-16 NAMING OF ABORIGINAL CULTURAL CENTRE 127

SGS1411-17 STRATEGIC PLAN PROGRESS REPORT JULY - SEPTEMBER 2014 130

SGS1411-18 COMMUNITY ENGAGEMENT ACTION PLAN 2014 - 2015 133


SGS1411-5 2015/16 BLACK SPOT PROJECT PROPOSALS 137

SGS1411-6 LOTTERYWEST FUNDING FOR BUSTER THE FUN BUS VEHICLE 144


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SGS1411-13 ADOPTION OF THE PLASTIC BAG REDUCTION LOCAL LAW 2014 147

SGS1411-9 RED ROCK 151

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN 157

REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL 157

STATUTORY COUNCIL ITEMS 157

COUNCIL ITEMS 157

C1411-1 INFORMATION REPORT - DESIGN AND DEVELOPMENT OF A NEW CITY OF FREMANTLE WEBSITE 157

C1411-2 CHRISTMAS PARKING INCENTIVE - 2014 159

C1411-3 RE-ADOPTION OF 2012/2013 BUDGET 165

C1411-4 RE ADOPTION OF 2013/2014 BUDGET 169

C1411-5 RE ADOPTION OF 2014/2015 BUDGET 173

C1411-6 ANNUAL REPORT 2013/2014 178

C1411-7 LOCAL GOVERNMENT REFORM IMPLEMENTATION OF LOCAL GOVERNMENT BOUNDARY REFORM - AMALGAMATION WITH THE TOWN OF EAST FREMANTLE AND BOUNDARY ADJUSTMENTS WITH THE CITIES OF MELVILLE AND COCKBURN 182

CONFIDENTIAL MATTERS 189

CLOSURE OF MEETING 189

MINUTES ATTACHMENTS 1


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ORDINARY MEETING OF COUNCIL

Minutes of the Ordinary Meeting of Council held in the Council Chambers, Fremantle City Council

on 26 November 2014 at 6.00 pm. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS The Mayor, Mr Brad Pettitt declared the meeting open at 6.01 pm and welcomed members of the public to the meeting. NYOONGAR ACKNOWLEDGEMENT STATEMENT "We acknowledge this land that we meet on today is part of the traditional lands of the Nyoongar people and that we respect their spiritual relationship with their country. We also acknowledge the Nyoongar people as the custodians of the greater Fremantle/Walyalup area and that their cultural and heritage beliefs are still important to the living Nyoongar people today." IN ATTENDANCE Brad Pettitt Mayor Cr Doug Thompson North Ward (arrived at 6.12pm) Cr Robert Fittock North Ward Cr Rachel Pemberton City Ward Cr Tim Grey-Smith City Ward Cr Dave Coggin East Ward Cr Ingrid Waltham East Ward Cr Sam Wainwright Hilton Ward Cr Bill Massie Hilton Ward Cr Jon Strachan South Ward Cr Andrew Sullivan South Ward Cr David Hume Beaconsfield Ward Cr Josh Wilson Deputy Mayor / Beaconsfield Ward Mr Graeme Mackenzie Chief Executive Officer Mr Glen Dougall Director Corporate Services Ms Marisa Spaziani Director Community Development Mr Paul Garbett Acting Director Planning and Development Services Mr Tom Griffiths Manager Economic Development Mr Peter Pikor Director Technical Services Mrs Linda Keys Minute Secretary There were approximately 4 members of the public and 0 member/s of the press in attendance.


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APOLOGIES Nil LEAVE OF ABSENCE Nil RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE At the Ordinary Meeting of Council held on Wednesday 22 October 2014 the following questions were taken on notice: Summary of Question by Summary of question by Mark Woodcock, Fremantle Ratepayers Association Inc - Item PSC1410-151

1. In the minutes of the Council meeting dated 26 June 2013 there was a motion made for the City to seek a report from the applicant (event organiser) to provide a report within 4 months of the event on the economic benefits of the event to the City. Please advise if the report has been received: If yes please advise where copies of this report are available. If no please advise that as it is now 8 months since the event when the report is expected and if there will be any penalty to the applicant for non compliance?

Summary of Response from Mr Tom Griffiths, Manager Economic and Development

Yes they have provided a report to us and it can be made available upon request.

At the Ordinary Meeting of Council held on Wednesday the following questions were taken on notice: Summary of Question by Summary of question by Mark Woodcock, Fremantle Ratepayers Association Inc - Item PSC1410-151

2. The Visioning 2029 Project: Please provide the final costings for this project; Please provide the final report for the project;

Summary of Response from Chief Executive Officer, Graeme Mackenzie The community visioning project was conducted jointly with another project – City Centre Structure Plan and was commenced in May 2013. The project involved 5 community workshops with the input from those workshops being used to formulate the City’s strategic planning, both for the broader community and the


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city centre. The cost of the consultant for the project was $95,304. Other minor costs were incurred for catering, sound system hire and other minor consumables. The final community feedback session is scheduled for the evening of 4 December at Victoria Hall. At the Ordinary Meeting of Council held on Wednesday the following questions were taken on notice: Summary of Question by Summary of question by Mark Woodcock, Fremantle Ratepayers Association Inc - Item PSC1410-151

3. One Planet Initiative Please advise what cost and impact studies were performed prior to the City of Fremantle committing to the One Planet Initiative. Ratepayers would like to be made aware of the cost associated with the initiative and the implication of future costs in complying with the ideals of the initiative.

Summary of Response from Mr Paul Garbett, Acting Director Planning and Development Services The methodology used to prepare the One Planet Fremantle Strategy involved assessing the impact of existing projects, programs and services undertaken by the City in accordance with the budget approved by Council. There was no need to undertake a separate cost study for these activities as they are already funded through the City’s budget. The One Planet Fremantle Strategy Document is, in this respect, largely a snapshot of many of the initiatives the City is already implementing which enable us to achieve some of the targets to be met in order to attain ‘one planet council’ status. The preparation of the Strategy also enables the City to identify policy gaps, and to develop and prioritise initiatives to address these. There is an annual action plan which is an operational document that supports the Strategy. This operational document identifies the financial impacts of the actions and whether they are already funded through existing budgets. If actions are not funded the action plan will identify the estimated costs (or savings) of the actions in question and the consideration of whether to provide funding for them would occur as part of the annual budget-setting process determined by Council. PUBLIC QUESTION TIME Summary of comment by Mark Woodcock, Fremantle Resident and Ratepayers Association (FRRA) and Fremantle Inner City Residents Association (FICRA) The Fremantle Resident and Ratepayers Association (FRRA) and Fremantle Inner City Residents Association (FICRA), insist that the Mayor, Brad Pettitt publicly retract, on the record, his statement at the last Strategic and General Services Committee, 19 November 2014, that a reason for Council rejecting the application by the Carriage Cafe for a lease extension was on the grounds that FRRA and FICRA had requested changes to the Master Plan for the Esplanade Reserve. This is a mischievous and incorrect statement that makes an erroneous inference. The two associations did not request this Council to change the Master Plan but campaigned in 2012-2013 for the Council to implement the original Master Plan 2009.


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The following member/s of the public spoke in relation to item SGS1411-2. Kel Smith DISCLOSURES OF INTEREST BY MEMBERS Cr J Strachan declared a impartiality interest in item number SGS1411-2. Cr J Strachan is a neighbour of the applicant and will make a decision based on information and advice provided. Cr A Sullivan declared a proximityinterest in item number SGS1411-5 Part 2. Part 2 deals with the street I live in and includes traffic calming devices close to my property. APPLICATIONS FOR LEAVE OF ABSENCE MOVED: Mayor, Brad Pettitt Cr A Sullivan request for a leave of absence from 5 December 2014 to 21 December 2014 (inclusive) is approved. SECONDED: Cr J Wilson CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

MOVED: Mayor, Brad Pettitt Cr J Wilson request for a leave of absence from 17 December 2014 is approved. SECONDED: Cr R Fittock CARRIED: 13/0 For Against Mayor, Brad Pettitt


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Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie PETITIONS / DEPUTATIONS / PRESENTATIONS Cr R Fittock visited Italy and also the sister city Molfetta. The Mayor of the Molfetta regions donated two books to the City of Fremantle, titled Viaggio a Molfetta by Massimo Iannone and Pasquale Modugno and Il Duomo di Molfetta by Girolamo A.G. Panunzio Cr J Strachan attended an event with Fremantle Ports who advised it was very inspiring to see people who worked extremely hard to support their communities. Cr B Massie attended the Remembrance Day held at the RSL on 11 November 2014. The service was well attended and pay tribute to all those that paid the supreme sacrifice, and to acknowledge all those that have served during time of war and peace. Cr S Wainwright attended a WALGA meeting which discussed various issues including renewable energy projects and the state planning policy. Cr J Wilson attended another art exhibition the event was well attended. Cr D Thompson attended an Annual former Councillors Luncheon which was well attended and catching up with former Councillors. Cr D Thompson encouraged fellow Councillors to attend the next year Annual Councillors Luncheon. CONFIRMATION OF MINUTES MOVED: Mayor, Brad Pettitt That the Minutes of the Ordinary Meeting of Council dated Wednesday 22 October 2014 be confirmed as a true and accurate record. SECONDED: Cr I Waltham CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Jon Strachan Cr David Hume


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Cr Ingrid Waltham Cr Robert Fittock Cr Josh Wilson Cr Tim Grey-Smith Cr Rachel Pemberton Cr Sam Wainwright Cr Bill Massie Cr Dave Coggin Cr Andrew Sullivan Cr Doug Thompson ANNOUNCEMENTS BY THE MAYOR Mayor, Brad Pettitt attended on Saturday 22 November 2014, a community workshop regarding White Gum Valley open/space community facilities held at the White Gum Valley Primary School. Mayor, Brad Pettitt received a letter from E.D. Syarief Syamsuri, Consul General of the Republic of Indonesia advising of his resignation. E.D. Syarief Syamsuri has been appointed as the Ambassador to the Kingdom of Morocco. Mr. Ade Oadmo Sawwono has been appointed as the Consul of the Republic of Indonesia to be the successor as the Indonesian Consul General in Perth. QUESTIONS OR PERSONAL EXPLANATIONS BY ELECTED MEMBERS Nil TABLED DOCUMENTS Additional Documents - PSC1411-179 Amendment - Draft Structure Plan Development Area 4 - Swanbourne Street Adoption for Final Approval submitted by Mayor, Brad Pettitt, SGS1411-6 - Additional Information Only, Lotterywest Funding for Buster the Fun Bus Vehicle Submitted by Marisa Spaziani, Director Community Director, SGS1411-5 - Amendment 2015/16 Black Spot Project Proposals submitted by Cr R Pemberton, PSC1411-180 - Amendment - Scheme Amendment No 61- Amendment to Sub Area 1.3.2 of Local Planning Area 1 - Final Adoption submitted by Cr S Wainwright, SPC1411-2 - Amendment - Issues associated with Government announcement of amalgamation with the Town of East Fremantle, submitted by Mayor, Brad Pettitt C1411-2 - Amendment - Christmas Parking Incentive - 2014, submitted by Glen Dougall, Director Corporate Services.


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LATE ITEMS NOTED Late Item Agenda - C1411-7 Local Government Reform - Implementation of Local Government Boundary Reform - Amalgamation with the Town of East Fremantle and boundary adjustments with the Cities of Melville and Cockburn


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COMMITTEE REPORTS STRATEGIC AND GENERAL SERVICES COMMITTEE 19 NOVEMBER 2014 SGS1411-2 CARRIAGE COFFEE SHOP LEASE EXTENSION - ESPLANADE

RESERVE, FREMANTLE DataWorks Reference: L028, 049/008 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: SGS0905-4; SGS0912-8 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Nadine Hume, Property Services Administrator Decision Making Authority: Committee Agenda Attachments: Lessee’s letter of request dated 29 September 2014

EXECUTIVE SUMMARY

For Council to consider an application from the Expeditors Pty Ltd T/A Carriage Coffee Shop for an extension of lease for a portion of Esplanade Reserve, Marine Terrace, Fremantle. BACKGROUND

The City entered into a new lease with McAnlon Holdings Pty Ltd (Graeme Lonsdale, Scott Anderson and Ronald McGill) on 1 May 2004 for a term of five (5) years with a further five (5) year term effective 1 May 2009 expiring 30 April 2014. In conjunction with this lease, the City approved the lease assignment effective 1 May 2004 to Kelvyn Robert Smith and Judith Anne Smith who later formed the Expeditors Pty Ltd. In 2009, the Expeditors Pty Ltd requested a variation to the lease for a term of twenty one (21) years with two further options of five (5) years each, bringing the total to thirty (31) years. As the City is vested with a management order for the Esplanade Reserve with the option to enter a lease or licence for a maximum of twenty one (21) years this request was not approved. At the Ordinary Council Meeting held on 27 May 2009, the City resolved to surrender the current lease and consent to a new lease for a term of five (5) years effective 1 May 2009 expiring 30 April 2014 with a further term of five (5) years effective 1 May 2014 expiring April 2019. The Expeditors Pty Ltd rejected Council's resolution and requested Council reconsider the lease term for an additional five (5) year option effective 1 May 2019. An item with the Expeditors Pty Ltd request was taken to Council 16 November 2009 however no changes to the 27 May 2009 resolution were made. On 23 August 2011, Council approved by Delegated Authority for the Expeditors Pty Ltd to enter into a sub lease with Christopher and Jenny-Marie Ritson effective 1 September 2011. Mr and Mrs Ritson continue the day to day management of the Carriage Coffee Shop with the current sub lease expiry date being 31 August 2015 in line with the lease.


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COMMENT

The Expeditors Pty Ltd has requested an extension of their lease to secure tenure for planned capital expenditure on the Carriage Coffee Shop totalling an estimated $200 000. The City supported this development application which was approved by the Western Australian Planning Commission on 17 October 2014. The Expeditors Pty Ltd have requested a term of five (5) years effective from the current expiry date 30 April 2019 with two further options of five (5) years each. Taking the current tenure into account, the lease would total nineteen and a half (19½) years. The lessee has stated that their request is reasonable given other long lease tenures previously and recently negotiated with the City and the extension will allow the lessee to recoup their planned financial outlay on upgrading the carriage and decking. It is worth noting that the lease for the Carriage Coffee Shop is a land lease only with all buildings and improvements on the land owned by the lessee at the termination of the lease the lease holder has the right to remove all buildings from the reserve or in the event of a business sale or transfer to an assignee. City officers have considered the level of investment the lessee plans to undertake on their asset and propose a variation of the lease adding two terms of five (5) years each with the first term effective from 30 April 2019 effectively giving the Expeditors Pty Ltd fourteen (14) and a half years in tenure. Given that the lessee’s request for an extended lease term is on the basis of the Expeditors Pty Ltd planned capital works for the Carriage Coffee Shop and the current term does not expire until 30 April 2019, the extended terms of five (5) years each should be subject to a condition precedent which will give the lessee twenty four (24) months in which to commence the development works as outlined in the development application with works to be completed no later than forty eight (48) months from the deed of variation and extension being signed. If the works have not commenced by the condition precedent date, then the lease will revert to the current term and expire 30 April 2019. The further terms would be void. The lease amendment and additional terms will also be subject to the approval of the Minister for Lands. There is a current Master Plan for the Esplanade Reserve was adopted by Council in April 2009. The adopted plan includes the Carriage Coffee Shop and notes that there needs to be “ongoing assessment and protection of the health of the trees within the leased area”. The adopted plan also proposes two alternative locations at each end of the reserve for “a possible future café if required”. These alternative sites are located on the periphery of the park and out of the stands of 100+ year old Norfolk Island pines. The intention of the Master Plan was that structures at these locations would have less impact on the health of the trees, maintain better flexibility of use of the park and enable a more open view across the reserve. At the Council meeting held in April 2013, it was resolved to modify the park Master Plan to include the youth plaza location. It was also resolved that the Master Plan be


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reviewed. This process has recently commenced. It is anticipated that a draft of the reviewed Master Plan will be presented for council consideration in early 2015. A current assessment of the health and condition of all of the reserve’s trees will be undertaken as part of the review. In recognition of the Master Plan concerns adopted in April 2009 a clause within the lease covers the protection of the surrounding trees with the following clause;

“The Lessor will, approximately every three years, commission a survey of the health of all significant trees situated on the Land. The Lessee shall be required to comply with any reasonable direction required by the survey to protect the health of any of the four (4) Norfolk Pines, which are within the portion of the Land comprising the Premises.”

RISK AND OTHER IMPLICATIONS

Financial The Carriage Coffee Shop current rent is $16 896 pa + GST with the next market rent review due 1 May 2015. Rent reviews would continue as currently scheduled being annually to consumer price index (CPI) with the exception of every third year determined by an independent market valuation. Legal Local Government Act 1995 Commercial Tenancy (Retails Shops) Agreements Act 1985 Operational Nil Organisational The City's solicitors will organise a deed of variation and extension to the lease to add the further terms and conditions. CONCLUSION

An extension of lease will allow the Expeditors to implement a development of their asset which would reflect positively on Esplanade Park. The nineteen and a half (19 ½) term requested by the Lessee is excessive considering the level of financial outlay being approximately $200 000 however a term of fourteen and a half (14 ½) years is considered a fair and substantial extension. That being said, given the current revision of the Esplanade Park Master Plan the allowance of an extended tenure at this stage enabling the Expeditors to commence approved redevelopment works could create extensive impact should a relocation of the Carriage Coffee Shop be an outcome of the revised Master Plan. It is therefore recommended that any decision regarding an extension of term for the Expeditors Pty Ltd Lease should be deferred until the revised Esplanade Park Master Plan is considered and / or adopted by Council.


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STRATEGIC AND POLICY IMPLICATIONS

Nil COMMUNITY ENGAGEMENT

Nil VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required OFFICER'S RECOMMENDATION

MOVED: Cr D Hume That the Strategic and General Services Committee, acting under delegation 1.1;

1. Support in-principle the consideration of an extended lease to Expeditors Pty Ltd for the Carriage Coffee Shop at Esplanade Reserve for a period of five + five years beyond the current lease expiry date and subject to conditions precedent contained below:

i) capital works are to be commenced within twenty four (24) months from

the deed of variation being signed; and ii) capital works are to be completed no later than forty eight (48) months

from deed of variation being signed.

2. Defer a decision on an extension of lease between the Expeditors Pty Ltd and the City of Fremantle for the portion of land on Reserve 9399 as defined in the lease dated 25 May 2010 until the first appropriate Council Meeting after the revised version of the Esplanade Master Plan is considered by Council.

At Committee Cr D Hume MOVED part 1 of the officer’s recommendation:

1. Support in-principle the consideration of an extended lease to Expeditors Pty Ltd for the Carriage Coffee Shop at Esplanade Reserve for a period of five + five years beyond the current lease expiry date and subject to conditions precedent contained below:



from deed of variation being signed. LOST: 3/4


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At Committee Cr D Hume MOVED part 2 of the officer’s recommendation: That the Strategic and General Services Committee, acting under delegation 1.1, 2. Defer a decision on an extension of lease between the Expeditors Pty Ltd

and the City of Fremantle for the portion of land on Reserve 9399 as defined in the lease dated 25 May 2010 until the first appropriate Council Meeting after the revised version of the Esplanade Master Plan is considered by Council.

CARRIED: 6/1 The above item is referred to the Ordinary Meeting of Council for determination in accordance with 1.1 or 2.1 of the City of Fremantle Delegated Authority Register which requires that at least 5 members of the committee vote in favour of the Committee Recommendation in order to exercise its delegation. OFFICER'S RECOMMENDATION

That the Strategic and General Services Committee, acting under delegation 1.1; 1. Support in-principle the consideration of an extended lease to Expeditors

Pty Ltd for the Carriage Coffee Shop at Esplanade Reserve for a period of five + five years beyond the current lease expiry date and subject to conditions precedent contained below:

i) capital works are to be commenced within twenty four (24) months

from the deed of variation being signed; and ii) capital works are to be completed no later than forty eight (48)

months from deed of variation being signed.

2. Defer a decision on an extension of lease between the Expeditors Pty Ltd and the City of Fremantle for the portion of land on Reserve 9399 as defined in the lease dated 25 May 2010 until the first appropriate Council Meeting after the revised version of the Esplanade Master Plan is considered by Council.

Mayor, Brad Pettitt MOVED Part 1 of the Officer's Recommendation as shown below: 1. Support in-principle the consideration of an extended lease to Expeditors Pty Ltd

for the Carriage Coffee Shop at Esplanade Reserve for a period of five + five years beyond the current lease expiry date and subject to conditions precedent contained below:



from deed of variation being signed.


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SECONDED: Cr D Coggin LOST: 6/7 For Against Cr Rachel Pemberton Cr Simon Naber Cr Robert Fittock Cr Dave Coggin Cr David Hume Cr Josh Wilson

Mayor, Brad Pettitt Cr Doug Thompson Cr Andrew Sullivan Cr Jon Strachan Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

COUNCIL DECISION

Cr D Hume MOVED Part 2 of the Officer's Recommendation as shown below: 2. Defer a decision on an extension of lease between the Expeditors Pty Ltd

and the City of Fremantle for the portion of land on Reserve 9399 as defined in the lease dated 25 May 2010 until the first appropriate Council Meeting after the revised version of the Esplanade Master Plan is considered by Council.

SECONDED: Cr R Pemberton CARRIED: 11/2 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Jon Strachan Cr Bill Massie


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PLANNING SERVICES COMMITTEE 5 NOVEMBER 2014 PSC1411-178 ROAD NAMING - STEVENS STREET, NO. 101-133 (LOT 2089),

WHITE GUM VALLEY (FORMER KIM BEAZLEY SCHOOL SITE) - (KW)

DataWorks Reference: 164/001 Disclosure of Interest: Nil Meeting Date: 05 November 2014 Responsible Officer: Manager Statutory Planning Actioning Officer: Land Administrator Decision Making Level: Council Previous Item Number/s: Nil Attachments: Road naming application - Fugro Geospatial Pty Ltd

Figure 1 - IntraMap of Lot 2089 Stevens Street, White Gum Valley


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Figure 2 - Fugro Geospatial plan - proposed road names for the subdivision of Lot 2089 on Plan 191215.

EXECUTIVE SUMMARY

The City has received a road naming application from Fugro Geospatial on behalf of Landcorp ('Applicant') in relation to the subdivision of Nos. 101-133 (Lot 2089) Stevens Street, White Gum Valley (former Kim Beazley school site). The Applicant has submitted four (4) proposed names (see figure 2) with two (2) additional names held as alternatives to the proposed names. All the proposed names have been selected from the City of Fremantle's Approved Road Names Register ('Register'). The Applicant has selected the following proposed road names:

• 'Berglund Way' • 'Mouquet Vista' - pronounced 'Moo-kay' • 'Cower Mews' - pronounced 'Cow-er' • 'Karak Lane' - pronounced 'Kar-ak'

The additional (optional) names are noted as 'Podger' and 'Loveday'. A brief detail of the name origins are summarised in the table below. Proposed Road Name Name Origin Summary Berglund In honour of Andrew Olaf Berglund who moved to

Western Australia in 1883/1884 where he worked on the tug boats for the Adelaide Steam Ship Company located in Mouat Street Fremantle. He lived in Beaconsfield with his family from 1900 to 1938.

Mouquet Mouquet pronounced 'Moo-kay' is a small farm in France (Mouquet Farm) where the 'Battle of the Somme' occurred during World War One (WWI). The name is in memory of the 23 men from Fremantle who died in that battle.

Cower Cower pronounced 'Cow-er' (from the Nyoongar Language) is the name of the Purple Crown Lorikeet. The Cower is part of the dreaming place of Cowaramup and while the bird does not originate from Fremantle it does follow the blossoms to Fremantle.

Karak Karak pronounced 'Kar-ak' (from the Nyoongar Language) is the name of the Red Tailed Black Cockatoo found in Fremantle and surrounding areas.

Podger (optional name) In honour of Samuel Podger who lived in Fremantle and served in WWI being assigned to the 51st Battalion. He fought with them in France until he was killed in action on the 13th February 1917.

Loveday (optional name) In honour of Arthur Loveday who lived in Fremantle and served in WWI being assigned to the 28th


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Battalion. He became a commissioned Officer in late 1917. A few months before the end of the war Arthur Loveday was seriously wounded and unfortunately died of his wounds on 12th August 1918.

The proposed names were submitted to the Geographic Names Committee (GNC) where a compliance check was conducted across their databases. The GNC requested that the original suffix of 'Crescent' applied to the proposed name of 'Mouquet' be changed to one of the following names; Street, Road, View, or Way in order to correctly reflect the road alignment. As a result the Applicant has submitted an amended plan No. 505901-2 (see Figure 2) applying the suffix of 'Vista' which replaces the original plan No. 505901-1. The proposed road name is now changed to Mouquet Vista in compliance with the GNC Guidelines. The proposed Aboriginal names of 'Cower' and 'Karak' has received approval from the South West Aboriginal Land and Sea Council (SWALSC), Whadjuk Working Party and named Applicants (WWP) at their bi-monthly meeting on 17 October 2012. The WWP are descendants from each of the nine (9) ancestors named in the registered Whadjuk People's Native Title Claim ('Whadjuk Claim') and are considered the appropriate body to approve the City's proposed Aboriginal road names. It is therefore recommended that Council approve the proposed names listed above and numbered 1- 4 as the new names to be applied to the subdivision located at Lot 2089 Stevens Street, White Gum Valley as shown in Plan 505901-2 (see Attachment 1 and Figure 2). BACKGROUND On the 18 December 2013 Council adopted a draft structure plan over the area listed as the 'Former Kim Beazley Primary School Site Structure Plan'. The Structure Plan is currently under consideration by the Western Australian Planning Commission (WAPC149982) with an existing cadastre providing a future road linkage between Stevens Street and Hope Street, White Gum Valley. On 25 June 2014 the City recommended conditional approval to a twenty-eight lot subdivision consistent with the draft structure plan (WAPC149982). The subject site is identified as Lot 7 under the subdivision application. On 04 September 2014 the Applicant submitted the current proposed road names for the subdivision of Lot 2089 on Deposited Plan 191215 Stevens Street, White Gum Valley (see figure 2 above and attachment 1). The public road names are required for addressing purposes and to progress the Applicants Deposited Plan endorsement through Landgate. STATUTORY REQUIREMENTS

Landgate is responsible for road naming and is guided by the Geographic Names Committee (GNC). The GNC provide the Policies and Standards in relation to the naming of roads, features, townsites and places in Western Australia. The following


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publications are referred to by the GNC when assessing road naming and street addressing compliance; • The Geographic Names Committee - Policies and Standards for Geographical

Naming in Western Australia (released on 1/1/2013). • The Australian/New Zealand Standard Rural and Urban Addressing (AS/NZS

4819:2011 for street addressing (3rd edition released in 2011). Written approval is required for the use of Aboriginal words in relation to road names from the Whadjuk Working Party (WWP) of the South West Aboriginal Land and Sea Council. COMMENTS The GNC has confirmed that the proposed road names of 'Mouquet', 'Berglund', 'Cower', 'Karak' with the optional names of 'Podger' and 'Loveday' (taken from the City of Fremantle Reserved Road Names Register) are currently compliant with general GNC Road Naming Guidelines. The proposed Aboriginal names of 'Cower' and 'Karak' are approved for the City's use as road names by both the WWP and the GNC. The City of Fremantle Aboriginal Engagement Officer made the following comments; "I fully support the use of Nyoongar words as road names for the CoF that have been approved by the Whadjuk working party from South West Aboriginal Land and Sea Council. This is the appropriate level of engagement and confirms the procedural rights belonging to the established and verified Traditional Owner group." Background Information - proposed road names 1-4

1. Berglund - Andrew Olaf Berglund sailed on the "Warlock" from Sweden to Melbourne in 1882 where he married and had a son in 1892. He worked as a seaman and later for the Adelaide Steam Ship Company Melbourne. In 1883 or 1884 he moved to Western Australia where he worked on the tug boats for the Adelaide Steam Ship Company located in Mouat Street Fremantle. He was a member of the Coastal Docks, Rivers and Harbour Works Union of Workers. His family then moved to Western Australia to join him where they had 5 more children. The eldest son died coming home from World War 1 (WWI) on the hospital ship SS Karoola on the 13 May 1919. Berglund lived in Beard Street (formerly known as Mort Street and Maude Street) Beaconsfield from 1900 to 1938 being one of the early families in Beaconsfield. Andrew Olaf Berglund died at the age of 74 on the 6 September 1938.

2. Mouquet Farm -pronounced 'Moo-kay' -is a small farm in France and came to

prominence in WWI. In 1916 this farm was a vital point in the German defence line during the Battle of the Somme. On the 3rd September 1916 an attempt was made to capture the farm by the Western Australian 51st and 52nd Battalions. Unfortunately casualties were severe and it was the worst day for Fremantle in the Great War with 23 men from Fremantle being killed.


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3. Cower - pronounced "Cow-er" - (from the Nyoongar Language) is the name of the Purple Crown Lorikeet. The Cower is part of the dreaming place of Cowaramup and while the bird does not originate from Fremantle it does follow the blossoms to Fremantle. The word is referenced from "A Nyoongar Word List" page 51. The City received approval from the South West Aboriginal Sea and Land Council Whadjuk Working Park to use the word for road naming on 12/11/2012.

4. Karak - pronounced "Kar-ak" - (from the Nyoongar Language) is the name of

the Red Tailed Black Cockatoo found in Fremantle and surrounding areas. The word is referenced from "A Nyoongar Word List" page 112. The City received approval from the South West Aboriginal Sea and Land Council Whadjuk Working Party to use the word for road naming on 12/11/2012.

Alternative optional names 5 and 6 noted below

5. Podger - In honour of Samuel Podger - born in Ballarat Victoria moving to Fremantle with his family when he was young. Living in Ellen Street Fremantle, he worked as a Shunter for the Railways in Fremantle and played for the North Fremantle Football Club. In 1915 he enlisted in the Australian Imperial Force (AIF) to serve in WWI. Samuel Podger was assigned to the 51st Battalion and fought with them in France until he was killed in action on the 13th of February 1917. He is buried at Bulls Road Cemetery, France.

6. Loveday - In honour of Arthur Loveday - born in Fremantle living at both

Henderson Street Fremantle and Victoria Road East Fremantle. He was a clerk by profession and when the First World War broke out he offered his services to the AIF. He was sent to the 28 Battalion where he steadily rose through the ranks where he was commissioned as an Officer in late 1917. A few months before the end of the War, Arthur Loveday was severely wounded and unfortunately succumbed to his wounds on the 12 August 1918. He is buried at Daours Communal Cemetery in France.

EXTERNAL SUBMISSIONS

Neighbour Notification: Nil. There is no requirement to advertise public road naming. Consultation is only required by the GNC when naming Ovals, Pavilions, the naming or renaming of Parks and Reserves or the naming of Towns and Localities CONCLUSION

The proposed road names for the unnamed public roads within the subdivision of Lot 2089 (Nos 101-133) Stevens Street, White Gum Valley (as shown in figure 2) is:

• 'Berglund Way' • 'Mouquet Vista' - pronounced 'Moo-kay' • 'Cower Mews' - pronounced 'Cow-er' • 'Karak Lane' - pronounced 'Kar-ak'

The additional (optional) names are noted as 'Podger' and 'Loveday'


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The public road names are required for addressing purposes and to progress the Applicants Deposited Plan endorsement via Landgate. In addition the Applicant has supplied 2 optional names as alternatives to the submitted names. The GNC has confirmed that the proposed road names are currently compliant with the general GNC Road Naming Guidelines. The WWP has provided the City with approval to use the name of 'Cower' and 'Karak' taken from the Nyoongar language for the purpose of the road names. It is therefore recommended that Council consider the proposed road names of ' Berglund Way', 'Mouquet Vista', 'Cower Mews' and 'Karak Lane' to be applied to the subdivision of Nos. 101-133 (Lot 2089) Stevens Street, White Gum Valley as shown on Deposited Plan 191215. OFFICER'S RECOMMENDATION

That Council: 1. ADVISE the Geographic Names Committee that it supports the proposed public road

names (as listed below) and selected from the City of Fremantle Reserved Road Names Register, to be applied to the subdivision located at Nos. 101-133 (Lot 2089) Stevens Street, White Gum Valley as shown on Deposited Plan 191215 and survey drawing No. 505901-2:

• Berglund Way • Mouquet Vista - pronounced 'Moo-kay' • Cower Mews - pronounced "Cow-er" • Karak Lane - pronounced "Kar-ak"

2. ATTEMPT to locate a living family member where road names are approved in honour of a person/s of that family in order to notify them of the Council's decision to apply that name to a roadway.

Mayor, Brad Pettitt MOVED the following alternative recommendation/COUNCIL DECISION:

That Council: 1. ADVISE the Geographic Names Committee that it supports the proposed public

road names (as listed below), to be applied to the subdivision located at Nos. 101-133 (Lot 2089) Stevens Street, White Gum Valley as shown on Deposited Plan 191215 and survey drawing No. 505901-2:

• Beazley Way • Mouquet Vista - pronounced 'Moo-kay' • Cower Mews - pronounced "Cow-er" • Karak Lane - pronounced "Kar-ak"


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2. ATTEMPT to locate a living family member where road names are approved in honour of a person/s of that family in order to notify them of the Council's decision to apply that name to a roadway.

SECONDED: Cr I Waltham CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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PSC1411-179 DRAFT STRUCTURE PLAN DEVELOPMENT AREA 4 - SWANBOURNE STREET ADOPTION FOR FINAL APPROVAL

DataWorks Reference: 115/049 Disclosure of Interest: Nil Meeting Date: PSC 5 November 2014; Council 26 November 2014 Responsible Officer: Acting Director Planning and Development Services Actioning Officer: Strategic Planning Officer Decision Making Level: Council Previous Item Number/s: 23 July 2014 PSC1407-125 Attachments: 1. Summary of Submissions

2. Schedule of Modifications


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EXECUTIVE SUMMARY

The purpose of this report is to present for Council’s consideration and final adoption the proposed Swanbourne Street Local Structure Plan (LSP) for Development Area 4. The proposed structure plan was advertised from Tuesday 12 August to Tuesday 23 September 2014 (42 days) for public comment. The public consultation period also included a community information session, which was attended by 32 community members. At the completion of the public comment period the City had received 26 submissions on the LSP. The main points made in the submissions were concerns around additional traffic and the proposed building height of new development on the site. In light of the submission points made it is recommended the proposed structure plan be modified to incorporate additional information into part two to address points made in the Fremantle District Cricket Club’s submission and to provide further clarity around height. It is recommended that the proposed structure plan be adopted with modification. Subsequently, the LSP will be referred to the Western Australian Planning Commission for final approval. BACKGROUND

The draft Swanbourne Street Local Structure Plan (LSP) applies to the approximately 8.9 hectare area of land located approximately one kilometre east of the Fremantle city centre and bounded by Swanbourne Street to the west, Knutsford Street to the north, Amherst Street to the east and Stevens Reserve and Western Power switch station to the south. The site is surrounded by existing low density (R25) residential development, the new R35 – R60 development at 20 Knutsford Street, low grade industrial uses in the Knutsford Street east area and Stevens Reserve. The site is vacant of all structures and contains predominantly low quality regrowth vegetation. The site is made up of 19 lots owned by either the Western Australian Land Authority or the Public Education Endowment Trust (PEET). The site is zoned Development Zone (Development Area 4) under the City’s Local Planning Scheme No.4 (LPS4 or the Scheme). The LSP has been prepared to guide and facilitate subdivision and development of the site in accordance with the requirements of the zoning, clause 6.2 – Development Areas and Schedule 11 of the Scheme, and the WAPC’s Structure Plan Preparation Guidelines. Refer to initiation report for further background and history on the site (23 July 2014 PSC1407-125).


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DETAIL

As shown on figure 1 above, the LSP proposes that Development Area 4 would predominantly provide for medium to high density residential development with one portion of Mixed Use development provided to the front of Knutsford and Amherst Street. The LSP area is divided into five development precincts each proposing a different range of densities:

• a density range of R40-R80 is proposed in DP1 and DP2; • a density range of R60-R100 is proposed in DP3; and • a density range of R80-R160 is proposed in DP4 and DP5.

The LSP sets a minimum dwelling yield for the site at 308 dwellings and a target yield of 470 dwellings. Public open space (POS) is provided at the western end of the development area fronting Swanbourne Street and in a “green spine” along the west to east road proposed in the LSP. Both of these POS elements have been provided on the LSP map above (refer to figure 1). The area of proposed open space is 1.0416ha and includes the requirement from Lot 1354 Knutsford Street representing 12.34 percent of the gross subdividable area in development area 4.


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The building heights for the site are proposed to be between 17 and 20 metres maximum (indicatively 4 and 5 storey) with one portion of the site proposed to have the capacity for a 47m high building (indicative 13 storey building). Due to the sloping topography of the site the building heights have been provided as a measurement in metres from the street and public open space boundaries and an indicative corresponding height in storeys has been provided. The explanation provided in part two of the LSP for the proposed 47m high building (indicative 13 storey building) in Development Precinct 4 is provided below: The LSP makes provision for a potential landmark building site within Development Precinct 4. This site provides the opportunity for residential apartment development up to 13 storeys, providing a key contributor to meeting dwelling targets for the LSP area. The landmark building is to be located on the southern boundary adjacent Stevens Reserve (on the former oil tank site) and provides a good fit for preserving the tank's original foundation cutting. This location allows for a reduced building footprint and less disruption to the topography at this critical point on the site, thus reducing civil and site works.


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The inclusion of a mid-rise landmark building adds to the diversity of housing and built form types accommodated within the LSP area, whilst providing articulation and counterpoint to the overall scale and mass of the built form. The tower is set back from Swanbourne Street, therefore mitigating its impact on the existing streetscape of Swanbourne Street. The siting of the mid-rise site to the south of the LSP area adjacent Stevens Street Reserve also ensures the building will not adversely cast shadows over new or existing residences. The landmark building has been sited to ensure it does not impact on the existing Police antenna ray lines, whilst the tower form also provides the opportunity to relocate telecommunication infrastructure away from the ground plane and public view by placing it on top of the building structure.

STATUTORY AND POLICY REQUIREMENTS Local Planning Scheme No. 4 Requirement for the structure plan The site is zoned Development Zone (Development Area 4 – DA4) under LPS4. Clause 6.2.4 of LPS4 requires a structure plan to come into effect prior to subdivision or development of land within a Development Area. A structure plan is currently approved over the site - Swanbourne Street Development Area Structure Plan, December 2003. Once adopted, the LSP (2014) will replace the previously adopted structure plan (2003) for the site. LPS4’s Schedule 11 provisions which deal with development areas require the following in respect to DA4:

DA 4 Knutsford Street Industrial area (West of Amherst Street) (inc. Navy site)

1. Land use and development in accordance with the Swanbourne Street Development Area Structure Plan, December 2003.

2. Investigation of potential site contamination to the satisfaction of the DEC.

Development and subdivision in accordance with the Swanbourne-Knutsford Street Structure Plan (Dec 2000).

The proposed structure plan complies with the requirements of clause 6.2.6, details of a proposed structure plan, of LPS4 and the Western Australian Planning Commission’s (WAPC) Structure Plan Preparation Guidelines. Adoption of the proposed structure plan Clause 6.2.9 of LPS4 provides the following process for adoption of the structure plan by Council: 6.2.9.1 The local government is to consider all submissions received and within 60

days of the latest date specified in the notice or advertisement for the making of submissions is to:

(a) adopt the proposed structure plan, with or without modifications; or


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(b) refuse to adopt the proposed structure plan and, where the proposed structure plan was submitted by an owner, give reasons for this to the owner.

Following adoption of the structure plan by Council the structure plan will require endorsement by the WAPC as per clause 6.2.10 of the City’s LPS4. D.G.F28 Swanbourne Street and Knutsford Street Local Area Policy (April 2000)

Figure 3. DGF28 policy area This policy pertains to half of the LSP area; the policy area includes Lot 1737, Lot 1356, Lot 1 and Lot 1747 or the area that contains the LSP’s proposed development precincts 1, 4 and 5 (see figure 3 above) The objectives of this policy are to provide guidance on the:

(i) remediation of environmental contamination and constraints within the policy area, in particular the disused oil storage tanks;

(ii) retention of significant environmental features, in particular trees/shrubs, limestone outcrops and ridges, high points and slopes;

(iii) retention of any significant cultural and aboriginal heritage features of the policy area;

(iv) acceptable land uses and forms of subdivision/development to ensure lots, roads, buildings and open spaces are compatible with the locality and support the principles of sustainable development; and

(v) requirements for a comprehensive Structure Plan and Council's process for considering any applications for Scheme amendments, subdivision or development over the site.

Of particular relevance to this LSP the policy specifies: 7. Environmental Features and Open Space


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The policy area contains several cultural heritage and environmental features that the community considers having significant value. These features are located within the western portion of the site and should be retained in an integrated public open space system. The Structure Plan shall indicate an open space system that: retains limestone outcrops and ridges; retains high points that provide views to the west and south-west; retains significant peppermint trees (agonis flexuosa); forms part of a 'green' link between the Stevens Street reserve and Monument

Hill; and is accessible and safe.

A Structure Plan indicating green title lots shall identify a minimum 10% local open space in accordance with the Western Australian Planning Commission's Policy DC2.3 'Public Open Space in Residential Areas'. The Council will not support all of the public open space being located at a low point or as a drainage area. In the event that Lot 1356 and/or Lot 1737 area developed solely for grouped dwellings, then a portion of communal open space is to be provided to fulfil the requirements for retention of important cultural/environmental features as described above. City of Fremantle 2010-15 Strategic Plan The City’s Strategic Plan 2010-15 includes an outcome under the strategic imperative of Urban Renewal and Integration of providing more affordable and diverse housing for a changing and growing population. Fremantle Community Green Plan 2001 The Fremantle Community Green Plan identified future sites for greening within Fremantle. This structure plan area was identified as one of these sites. The plan has five objectives: Maintain and enhance green spaces in Fremantle. Increase the quantity and improve the distribution of green spaces in Fremantle. Increase and improve linkages between green spaces. Increase the amount of flora/vegetation cover and increase habitats for native

fauna and encourage their movement between green spaces. Protect existing vegetation and encourage the greening of private property.

State planning policy Directions 2031 and beyond (Directions 2031) The purpose of the West Australian Planning Commission’s Directions 2031 is to provide a high level spatial framework and strategic plan for Perth’s future population growth. The Swanbourne Street development area is considered to be a large urban infill site. Directions 2031 sets a target of accommodating 47 percent of the total additional future dwelling requirement of the metropolitan Perth region on infill development sites, and states planning will need to: • Focus on target locations for future growth such as in and around retail and

employment centres, transit orientated developments and high frequency public transport corridors; and

• Apply higher R-codes in strategies and schemes within areas that have close proximity to educational institutions, community facilities and services such as hospitals, medical centres and libraries.


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This should not be interpreted as a requirement for across-the-board increase in density throughout established suburbs. Draft Central Metropolitan Perth Sub-regional strategy The Sub-Regional Strategy for the central metropolitan area provides a broad framework for delivering the objectives of Directions 2031. The document focuses on providing for development in this area through infill housing. The strategy states: Planning for additional dwelling growth in the central sub-region will be based on identifying redevelopment opportunities to increase densities in appropriate locations. The Swanbourne Street LSP area (Development area 4) is included in the strategy as a planned urban growth area. CONSULTATION Following adoption of the proposed LSP by the City of Fremantle Council for public comment, the proposed LSP was advertised in accordance with clause 6.2.8.1 and 6.2.8.2 of LPS4 and the City’s Local Planning Policy 1.3 - Public Notification of Planning Proposals, from 12 August – 23 September 2014 (42 days). Advertising of the proposed LSP consisted of:

• Public advertising notices placed in the City of Fremantle’s “News Bites” in the Fremantle Gazette local newspaper – 12 and 19 August 2014.

• City of Fremantle website notification for the duration of consultation period. This included information on the proposal and public comment period and access to the proposed LSP document, appendices and submission forms. The page also included a link to LandCorp’s website.

• Letters of notification and inviting comment on the proposal sent to Land owners and occupiers within at least 100m of the proposed LSP area. This comprised of over 800 letters.

• Letters of notification and inviting comment on the proposal sent to various service agencies and government organisations.

• A letter of notification (electronic) and inviting comment sent to all precinct groups. LandCorp also presented the LSP to the White Gum Valley Precinct group at their meeting Tuesday 5 August 2014 prior to the LSP being advertised.

• An information package made publically available at the City’s Customer Service counter in the City of Fremantle administration building.

• A community information session held Saturday 30 August 2014 during the advertising period. 32 community members attended this session.

• A sign on site giving notification that the proposed LSP was out for public comment.

• The City’s planning officer’s contact information, including direct dial number, was made available on all correspondence (letters and the City’s website) for any further enquiries on the proposed LSP.

Additionally during the advertising period LandCorp were available to be contacted and had a dedicated webpage for the proposed LSP. They prepared a Frequently Asked Questions document and presentation boards for the public information session and both of these were made available on their website.


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At the completion of the public comment period the City had received 26 submissions on the Structure Plan. The following table provides an overview of the categories of submitters and the level of support/objection.

Neutral Object Support No Comment/ No Objection TOTAL

Private Citizen (Fremantle and WGV) 5 9 4 18 State govt department 1 3 4 State govt agency 4 4

TOTAL 5 9 5 7 26 The concerns and comments raised in submissions were varied and included: Public open space (POS)

• Support for the POS and landscape design being sympathetic to the historical use of the site.

• Concern that the POS proposed is not big enough. • The proposed POS is considered to be “green fringe”. • More of the scarp should be retain.

Diversity of dwellings

One submission supported a diversity of dwellings in the LSP area to accommodate low to high income groups

Height • A couple of submissions stated that anything over 3-4 storeys in height in Fremantle would be too high.

• Three submissions objected to the 13 storey tower adjacent to Stevens Reserve for the following reasons: it is considered out of character with this part of Fremantle which is single unit low rise accommodation, it is not in keeping with the heritage and heights related to Monument Hill, it does not add an attraction to Fremantle, it would result in overlooking, it would impact on the nearby Fothergill Street heritage precinct, it would have an effect on views and it would be an eyesore like Bunbury tower of Raffles hotel. One submitter further suggested Fremantle should own the landmark tower and use it for a public viewing platform rather than luxury penthouse.

Traffic • Traffic came up as an issue in nine submissions. Generally submitters are concerned that with the increase in population the number of cars and traffic in the area would also increase. The submissions state that cars will not be used less, no matter how close a residence is to Fremantle. Traffic from the site with the combined effects of development on the former Kim Beazley site, 20 Knutsford Street and the High Street upgrade was considered an issue. Ensuring correct modelling and up to date data is used to anticipate major consequences on the road network.

• Specifically a couple of submitter’s had concerns around the resulting future traffic on Swanbourne Street. Swanbourne Street is considered by these submitters to already experience high speed traffic and additional traffic in the future was considered to exacerbate this problem. The submitters suggested alternatives should be explored including Leach Hwy/High Street upgrade by Main Roads WA (roundabout onto Amherst Street) or increased control on Swanbourne Street e.g. traffic restrictor, speed


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restriction. • Two submitters supported the CAT bus catchment being extended

in the future towards the site to provide for the development. The Fremantle District Cricket Club (FDCC)

The FDCC is concerned that their operations in Stevens Reserve could potentially be dangerous to people and property in development in precinct 4 that borders Stevens Reserve. The FDCC is also concerned about visitors to the LSP area utilising their carpark, traffic movement on Swanbourne Street during cricket matches and the capacity of Swanbourne Street to handle additional road traffic.

Future building design

Several of the submissions had further suggestions relating to the design of future buildings on the site including: orientation to the east and west for southerly breezes, noise attenuation measures, green construction and buildings that reflect/complement Fremantle’s character.

Alternative suggestions for the site

Alternative suggestions for the site included make land available for food production, set aside a portion to keep horses and other animals and use the site for an attraction that gives people something to do such as Scitech.

State government departments and agencies

• The Department of Education noted the existing facilities should be sufficient for any anticipated enrolment increases generated from the development.

• The State Heritage Office had no comment on the LSP as it did not appear to affect any place of state cultural heritage.

• The Water Corporation and Westernpower provided advice on the current capacity of water and power (respectively) amenities in the area.

The submissions have been addressed individually in the schedule of submissions (refer to attachment 1). The main submission points are also considered in the Planning Comment section of this report and include:

• Density and building height: • Traffic and parking; • The public open space requirement; and • Design guidelines.

PLANNING COMMENT The intent of a structure plan is to provide a broad planning framework for the coordinated provision and arrangement of future land use, subdivision and development. The submitted LSP for the Swanbourne Street site contains an appropriate level of detail in the LSP document and appendices to fulfil the intent of a LSP. The key planning considerations raised in submissions are addressed below. In order to address some issues, and partly in response to certain matters raised in submissions, officers consider that some modifications to the proposed LSP would be appropriate. These recommended modifications are discussed, where relevant, below. For further detail on the modifications recommended please see the schedule of modifications in Attachment 2.


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Figure 4. Proposed LSP showing development precincts, densities, heights in metres and indicative height in storeys. Density and building height Density The proposed density ranges on the site did not come up as an issue in the submissions. Instead one submitter supported a diversity of dwellings in the LSP area and other submissions focused on issues that could potentially be a result of the proposed density on the site such as increased traffic and buildings of greater height than the surrounding area (these issues are addressed separately below). Nonetheless the site represents a prime opportunity for including higher density living near the Fremantle central area and the densities proposed in the LSP require careful consideration by Council.

The LSP area is divided into five development precincts each proposing a range of different densities (see figure 4):

• a density range of R40-R80 is proposed in DP1 and DP2; • a density range of R60-R100 is proposed in DP3; and • a density range of R80-R160 is proposed in DP4 and DP5.

The purpose of providing density ranges, instead of one set density, in the LSP is to allow for a range of housing product when development on the site commences. The advantage of density ranges is they provide flexibility in terms of responding to changing market conditions, servicing of the site and developing with the topography. The disadvantage of density ranges is that while the range of housing types possible are known, the exact housing mix to be developed on site is less certain. Officers acknowledge that providing certainty on housing type(s), especially in established areas,


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is usually a concern of the surrounding community especially when development of the site commences shortly after adoption of the structure plan. Development of this site however is proposed to be long term, staged and in accordance with the topography existing on site. Accordingly officers consider there is scope to allow for a range of densities in the LSP to respond to the changing housing market, the topography on site and demand over time.

Officers also consider the LSP to be in line with state and local strategic direction and documents. The City of Fremantle’s Strategic Plan 2010-15 and general approach to development areas in recent years and state strategic planning documents Directions 2031 and Draft Central Metropolitan Sub-regional strategy all advocate for a diversity of housing types and support higher density areas in locations that are relatively well serviced in terms of access to services in local centres or the city centre, recreational amenities and public transport routes. As the LSP site is located within a 400m (or approx 5 minute walkable catchment area) ‘Pedshed’ of the Mixed Use zone on High Street and an 800m ‘Pedshed’ (or approx 10 minute walkable catchment area) of the Fremantle City Centre, is in close proximity to high frequency public transport on High Street and close to areas of high amenity (e.g. Monument Hill, Booyembarra Park and Stevens Reserve) officers consider the site well within the parameters required to consider higher density development.

Building height

The building heights in the proposed LSP are to be measured from the street or public open space edge, and are proposed to be between 17 and 20 metres maximum (indicatively 4 and 5 storey). A landmark building is also proposed in a portion of development precinct 4 to a maximum building height of 47m (indicative of 13 storeys), measured from the former fuel tank base (36.5m AHD) adjacent to Stevens Reserve. This would mean that the future development of the site would potentially present as four storey buildings fronting Knutsford Street, 4-5 storey development fronting the public open space on Swanbourne Street and Amherst Street, and one slender tower up to 13 storeys (indicative height) with five storey development either side fronting Stevens Reserve.

Using the street or public open space edge as a point of height measurement was used in the LSP as the topography on site changes markedly over each development precinct. The heights proposed in the LSP are clear at the road and public open space interfaces, however where to take the height measurement from and for how far into the site each measurement should go, could be ambiguous when planning and assessing development located internally on the site. As the indicative height of new buildings at the external interfaces with existing development on adjoining streets and public open space is clear this is not an issue at this stage. There may however be an issue at the design and assessment of new development stage. Officers therefore recommend that the structure plan’s height controls remain as proposed in the LSP however consideration be given to using an Australian Height Datum (AHD) measurement or other more appropriate height measure to cap the maximum height of new buildings in the next stage of the process being the preparation of local development plan(s) or design guidelines. Local development plans require more detailed investigation of the topography of the site and design of new buildings. Addressing height within the site at the design stage, when there is more detailed information, would be appropriate and provide clarity on height limits to developers and officers when assessing development applications in the future.


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The City has been in discussions with LandCorp on this point. They acknowledge the potential for ambiguity in the height measurements internal to the site based on the current height limits. They propose this matter will be more appropriately be addressed in the subsequent design guidelines/Local development plan(s) required for the site. These plans would consider specific aspects of development including for example outdoor living areas and open space and can provide further guidance on height. As the plans are more specific and consider all aspects of development officers consider this stage to be an appropriate place to consider the heights in the LSP more holistically. Accordingly officers recommend the LSP be modified to include into part 2 – 5 implementation, 5.4 ‘Development Guidelines’ acknowledgement that further consideration will be given to using an Australian Height Datum (AHD) measurement or other more appropriate height measure to cap the maximum height of new buildings over the site in the design guidelines/Local development plan(s) stage. An issue raised in submissions was that height of up to 3-4 storey development within the LSP area would be too high and not in keeping with the surrounding properties and area. Three submissions further objected to the 13 storey tower proposed in development precinct 4 in the LSP adjacent to Steven’s Reserve for character and amenity reasons. It is acknowledged that the proposed densities and heights do not necessarily mirror the density and height of existing housing stock in the surrounding Fremantle area. However, officers consider the site presents an opportunity to provide for higher density living in a generally low-density area close to existing amenities, facilities and services, including high frequency public transport and the Fremantle city centre. Furthermore, officers consider the heights and densities proposed in the LSP would not impact on the amenity of the immediate vicinity and the site can adequately provide for the anticipated extensive development. This is supported by the following characteristics of the site:

• Configuration – The site does not directly abut any existing development. Instead the site is surrounded by roads, an open space reserve (Stevens Reserve) and the Western Power sub station. Future development of the LSP site would be separated by a road to existing and new development on Knutsford Street and low-grade quasi industrial buildings in development area 1 (Knutsford Street East Structure Plan area) on Amherst Street. The road reservation of Knutsford and Amherst Street is over 30m wide. This generous road reserve width provides a distinct separation between the two sides of the street, large setbacks between the road and property boundaries, and ample land area for street tree planting to further soften the interface with existing streets and break up any bulk of new development to the street. The proposed public open space along Swanbourne Street would buffer the interface between new development on the site and existing houses along Swanbourne Street. Development on the southern boundary would adjoin Stevens Reserve only and would not front any existing residential development.

• Topography – The site has a wide range of ground levels that differ north to south and west to east. While buildings on site would outwardly be of 4-5 and 13 storeys in height (indicatively) buildings within the site will vary in height due to the topography of the site providing for a diversity of different housing types.


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The western portion off Swanbourne Street along the ridge where the POS is proposed is the highest point of the site (50AHD). The western ridge to the unconstructed road “Edmund Street” near the centre of the site falls approximately 23m (from 50 AHD to 27AHD). The area formerly used for storage tanks between the ridge and Edmund Street in the southern portion of the site (where the potential to construct a possible 47m high tower is proposed) has a relatively lower ground level (36.5AHD) to the adjoining land to the west. This is because the installation of the former storage tanks included shearing away of limestone in this area, resulting in a ground level seven metres lower than the highest adjoining point. The lowest point of the site is the southeast portion at the intersection of Amherst and Stack Street (17AHD). The site falls nine metres along Amherst Street (north to south).

• Size – The site is large enough in size (8.37ha) to adequately provide for a range of different housing types and buildings of greater height than the surrounding area.

Furthermore the indicative tall and slender 13 storey tower (indicative perspectives provided in figure 5 and 6 below) on a portion of development precinct 4 is specifically supported by officers as it is considered it would:

• be a unique addition to what will be one of Fremantle’s higher density areas; • provide a counterpoint to the overall scale and mass of the built form; • reflect the fuel tanks that had historically been on the site (the tower is generally

proposed on the site of one of the tank’s original foundations); • be adequately setback from Swanbourne Street (over 100 metre setback) so as to

not directly abut existing housing and not impact on the existing streetscape; • provide visual interest height and variety to the area being that it would be slender

in design with a small footprint; and • contribute toward the City’s housing density targets.


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Figure 5. Indicative perspective of development on the site as viewed from Fothergill Street and including the proposed 47m tower

Figure 6. Indicative perspective of development on the site as viewed from Swanbourne Street and including the proposed 47m tower Traffic and parking As with any structure plan or large development application there is always a concern that the increase in population in an area will also increase the traffic on the existing local road network to such a degree that it would negatively impact on the existing neighbourhood and safety in the street. The concern in this case is that the cumulative effect of future development in the area including the former Kim Beazley school site LSP, 20 Knutsford Street Development and the High Street upgrade would negatively impact on traffic. Some of the submissions also questioned the traffic report and the data used. The Knutsford traffic and transport impact assessment study was undertaken for the LSP area with the best information available at the time. The study assesses traffic generation and distribution, road reserve requirements, intersection capacity and path and public transport needs. The traffic report is based on the indicative aspirational target yield of 470 dwellings with the potential to generate 2448 traffic movements per day. The report also considers the low yield (306 dwellings) and indicative maximum yield (891 dwellings) scenarios. The study considered the potential impact of the proposed LSP on the local road network by assigning traffic flows based on the proposed number of dwellings on the adjacent existing road network. These flows were then used for modelling traffic impacts associated with the site. From this the study concluded that:

• The predicted traffic flows from the three yield scenarios (low, target and maximum LSP dwelling yields) would not be significant and can be


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accommodated within the existing road network without the need for upgrades to the local road system.

• All roads affected by the proposed redevelopment of the LSP will continue to operate appropriate to their function and the residential amenity of local streets will not be affected.

• All accesses are shown to perform with excellent levels of service during peak periods.

• External intersections are not shown to be materially affected by the proposed development.

Some submissions specifically picked up on the fact that there would be an increase in traffic on Swanbourne Street. These submissions asked that traffic mitigation measures be implemented to alleviate the impact of the increased traffic to the street. The traffic study notes that traffic will naturally be attracted to Swanbourne Street due to the ability to access the traffic signals and left and right turning options. The study shows the increase in traffic in Swanbourne Street north of Knutsford Street would be in the vicinity of 35-65% (depending on the yield scenario) and considered Swanbourne Street capable of absorbing the predicted increase in traffic. There are currently traffic-calming measures on Swanbourne Street. As the site develops over time there will be the ability for the City to review the traffic calming measures on Swanbourne Street. If it comes to the City’s attention that alternative traffic calming measures are required this can be carried out as part of the City’s business as usual road management and works. At this stage, with no development yet happening on the site, it would be premature to implement any changes to Swanbourne Street. Parking within the LSP was also an issue that came up in the submissions including the Fremantle Cricket club being concerned that visitors may use their car parking facilities and walk up into the development area. Officers do not anticipate this as an issue. The Residential Design Codes require every dwelling to provide parking on site for residents and visitor parking is additionally required for multiple dwelling and large grouped dwelling developments. Landcorp also confirm that the internal roads will have the capacity to provide for some suitably designed on-street parking facilities and the area to the south of “Edmund Street” above Stevens Reserve will provide for a small car parking area. While it is hard to say at this stage where visitors to the development site will park, generally visitors to a residential area park their vehicle close to their destination and officers anticipate it is more likely the on street parking within the LSP area will be used for these occasions. Additionally, it is valuable to note that visitors to Stevens Reserve will also have the option to use the development area to park vehicles and walk down to the reserve as connections to the reserve are proposed as part of the public open space. Public open space (POS) Public open space (POS) is provided in the LSP at the western end of the development area fronting Swanbourne Street and in a “green spine” along the west to east road. Both of these POS elements have been provided on the LSP map (figure 1 above). The issues raised during submissions on POS were generally around the size, location and use of the space. The LSP site area is approximately 8.9ha. The provision of 10% of the gross subdivisible site area as on-site POS is the standard planning requirement of the WAPC for a structure plan. The area of proposed open space provided is 1.0416ha and includes the additional POS required to cover the POS requirements of Lot 1354 Knutsford Street.


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The proposed POS therefore represents an adequate and acceptable 12.34% of the gross subdividable area in development area 4. Other options to provide for the POS requirement were considered in the previously proposed structure plan over the site in 2009. This plan proposed housing along the western ridge line fronting Swanbourne Street and POS at a low point near the Western Power substation. This location was not supported by Council and did not meet the requirements of D.G.F28 Swanbourne Street and Knutsford Street Local Area Policy (D.G.F28) (Refer to previous Council minutes 20 May 2009). Specifically D.G.F28 requires the POS to be in a western location to provide views to the west, to provide a green link between Stevens Street reserve and Monument Hill and to conserve the limestone outcrops. Additionally Council, at this time, considered it appropriate for the POS to serve both the new residents to the site and the existing surrounding community. Accordingly, Landcorp addressed these concerns in the current proposed LSP locating the POS along the western portion of the site, including the highest point of the site (the ridgeline), in an area that connects Monument Hill and Stevens reserve and in a location that can be utilised by all residents in the surrounding area. The location of the POS therefore addresses the concerns Council had in 2009, is considered to meet D.G.F28 and overall is considered to be the best option for the site. The use of the proposed POS is general-purpose passive recreation park to service residents of the new development and surrounding area. Generally the surrounding area provides a good amount of existing open space, for example Monument Hill, Booyembarra Park and Stevens Reserve. However Stevens Reserve and Monument Hill have the primary uses of organised sports and a memorial park respectively, which do not facilitate informal ‘local park’ or family orientated activity. Alternatively Booyeembarra Park is a neighbourhood park but considered too far away (over 400m away) from the structure plan site to be considered useful to local residents. A local park that is in safe walking distance to all dwellings with good visual supervision that allows for children’s play and a resting place for local people (WAPC, Liveable Neighbourhoods; October 2007) is considered the most appropriate option for POS on the site. The proposed POS will include a bush regeneration and sunken garden area. It will will link Monument Hill, the children’s playground on the corner of Swanbourne and Knutsford Street and Stevens Reserve. It will enhance the City’s park network and, along with the green spine, will improve green linkages between the city’s parks in the area further satisfying the objectives of the Fremantle Community Green Plan 2001. Accordingly the use of the proposed POS is considered appropriate and supported by officers. Directly adjoining the LSP area are two lots (lot 2069 and 2070) that are zoned Community Facility-Community Facilities Reserve under the City’s LSP4. These lots are controlled by the City and include the children’s playground on the corner of Knutsford and Swanbourne Street. For completeness of the LSP and consistency of the public open space it would be of value to include these lots in the LSP area. As the lots are currently reserve land, not development zone, under the City’s LSP4 they cannot be included in the LSP area. An amendment to the City’s LSP4 to zone these lots development zone – development area 4 would be required before these lots can be included into the LSP. Following a scheme amendment a variation to the LSP could be considered under clause 6.2.14 (variation to structure plan) in LPS4. To ensure this direction for these lots and to provide incentive for a Scheme amendment and subsequent variation to the LSP in the future officers recommend part two of the LSP notes that the City will investigate the rezoning of lots 2069 and 2070 (21 Knutsford


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Street) from Facility-Community Facilities Reserve to Development Zone – Development area 4 under the City’s LPS4 for the purpose of including the two lots into the LSP area at a later stage. Fremantle District Cricket Club Submission The Fremantle District Cricket Club (FDCC) main concern is the Cricket club’s activity could endanger people and damage property. The City has been in discussions with the cricket club and Landcorp on this matter and Landcorp have provided the following modifications to the LSP to address the FDCC’s concerns: LandCorp acknowledges that the resolution of any issues resulting from the close proximity of development to the Fremantle District Cricket Club (FDCC), located in Stevens Reserve, is in the mutual interest of the club, developer and future residents. LandCorp suggests the following actions for further consideration: • A new section to be added to Part 2 of the LSP – ‘4.9 Playing Fields Interface’ to

highlight the measures below to be addressed as the project progresses through detailed planning and design. o Wording to be provided in Section 4.9 to the effect that building controls will be

explored through the adoption of design guidelines specifying, amongst other measures, minimum design and construction standards to reduce or eliminate the potential impact of stray cricket balls from the playing fields. Such measures to be considered may include shatter proof, adequate insulation, window style and location, etc.

o Wording to be provided in Section 4.9 stating that measures are to be explored at the Local Development Plan stage that may reduce or eliminate the potential damage to property and public safety, such as, the location of buildings adjacent Stevens Reserve.

o Wording to be provided in Section 4.9 that supports ongoing consultation between LandCorp, the FDCC and the City of Fremantle to facilitate the satisfactory resolution of the above issues.

Design guides As mentioned above, structure plan documents are for the purpose of providing a broad framework for the coordinated provision and arrangement of future land use, subdivision and development. Detailed design guidelines are not required as part of structure plan documents, but may be required at a later stage prior to development of the site. Several submissions provided suggestions for the design of future developments on the site. These suggestions and further design aspects of development of the site can be considered in detailed area plans. Specifically officers suggest building height measures for the site be considered in the further local development plan(s)/design policies (as mentioned above). There is an existing local planning policy for the area - D.G.F28 Swanbourne Street and Knutsford Street Local Area Policy (D.G.F28). The policy is for the purpose of guiding the development of a structure plan however only pertains to half of the site. Nonetheless the policy has been useful in providing direction on the location of the public open space and assessment of the traffic study. The part of the policy referring to density is out of date and no longer relevant to Council’s current strategic position on the development of development areas. Once the LSP is adopted the policy will no longer be relevant. Therefore as part of the adopting of this structure plan officers recommend D.G.F28 be


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revoked to allow for the drafting of a new and more relevant local development plan(s)/design guidelines for the site in the future. CONCLUSION The LSP is considered to satisfy the requirements of LPS4 for the preparation of structure plans and proposes to facilitate a diverse range of residential development types and densities with supporting POS provision. The content of the LSP is the output of a consultative process with the local community and attempts to achieve the allocation of usable public open space for the wider community. Officers consider the development outcomes from the LSP would be consistent with strategic planning policy objectives of State Government and also meet a number of the Council’s own Strategic Plan objectives, notably in respect of providing greater diversity in housing supply to meet changing population needs. Officers consider the form of development on this site envisaged under the LSP, although different to some degree from established development in Fremantle, would not adversely affect the overall character of the suburb or the amenities of local residents. It is therefore recommended that the LSP be approved by Council subject to certain modifications, which should be incorporated into the LSP documentation prior to its referral to the WAPC for final approval. COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr R Fittock That Council: 1. Note the submissions received as detailed in the Officer’s report and

Attachment 1;

2. Adopt the Swanbourne Street Local Structure Plan notated July 2014 under clause 6.2.9 of Local Planning Scheme 4, subject to the following modifications:

a) A new section to be added to Part 2 of the LSP – ‘4.9 Playing Fields

Interface’ to highlight the measures below to be addressed as the project progresses through detailed planning and design.

− Wording to be provided in Section 4.9 to the effect that building controls will be explored through the adoption of design guidelines specifying, amongst other measures, minimum design and construction standards to reduce or eliminate the potential impact of stray cricket balls from the playing fields. Such measures to be considered may include shatter proof, adequate insulation, window style and location, etc.

− Wording to be provided in Section 4.9 stating that measures are to be explored at the Local Development Plan stage that may reduce or eliminate the potential damage to property and public safety, such as, the location of buildings adjacent Stevens Reserve.


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− Wording to be provided in Section 4.9 that supports ongoing consultation between LandCorp, the FDCC and the City of Fremantle to facilitate the satisfactory resolution of the above issues.

b) A new section to be added to Part 2 of the LSP – 5.6 ‘Additional Scheme amendment’. Wording in this part to indicate that the City will do further work to investigate rezoning lots 2069 and 2070 (21 Knutsford Street) from Facility-Community Facilities Reserve to Development Zone – Development area 4 under the City’s Local Planning Scheme No. 4 for the purpose of including the two lots into the LSP area at a later stage.

c) Additional wording to be included into part 2 – 5 implementation, 5.4

‘Development Guidelines’. The wording to state that further consideration will be given to using an Australian Height Datum (AHD) measurement or other more appropriate height measure to cap the maximum height of new buildings over the site at the design guidelines/Local development plan(s) stage.

3. Forward the Swanbourne Street Structure Plan (as modified in accordance with

2 above) to the Western Australian Planning Commission for endorsement in accordance with the requirements of clause 6.2.10 of LPS4.

4. Consider adoption of the Swanbourne Street Local Structure Plan to supersede the Swanbourne Street Development Area Structure Plan, December 2003.

5. Revoke D.G.F28 Swanbourne Street and Knutsford Street Local Area Policy (D.G.F28) by publication of a formal notice of revocation once a week for two consecutive weeks in the Fremantle Gazette.

CARRIED: 7/0 Mayor, Brad Pettitt MOVED an amendment to the Officer's Recommendation to include an additional Part (d) to Part 2 as shown below: d) Include additional wording in the LSP to state that design quality and sustainability criteria applicable to a ‘landmark’ tower building and a requirement to provide an affordable housing component in excess of at least 15% of the total dwelling yield in the development precinct containing the landmark building will be identified at the Local Development Plan stage, and these criteria must be satisfied in order for the responsible authority to grant approval for development of up to 47m in building height in Development Precinct 4 (instead of 20m building height). This additional wording should be included in the following parts of the LSP:

• Part 1: 7.8 Local Development Plans clause e), Figure 2 – Swanbourne Street Development Control Plan and Table 3: Swanbourne Street LSP building heights development precincts (DP) Note 3; and

• Part 2: Landmark Building Site.


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SECONDED: Cr I Waltham CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION It would be appropriate for the approval of a building height up to 47m to be a discretionary decision of the responsible authority where it is satisfied that certain criteria have been fulfilled, rather than this building height being permitted “as of right” through the local structure plan. It would be reasonable to expect a building of this height to meet higher architectural design quality and environmentally sustainable performance standards than a lower building. Additionally, approval of a building up to 47m high would be likely to deliver more high value development in the tower building (because it gives access to great views, etc) and consequently it would be reasonable for the discretionary criteria to also include a requirement to balance this with more lower cost housing in the same development precinct – therefore a criteria requiring at least 15% of the total dwelling yield in the precinct to be affordable housing is proposed. The proposed amendment gives direction on where additional wording should be included in the local structure plan to require discretionary criteria covering the above matters to be included in the more detailed planning documents that will have to be prepared following approval of the structure plan, and which will be used for the subsequent assessment of development applications. COUNCIL DECISION

MOVED: Mayor, Brad Pettitt

1. Note the submissions received as detailed in the Officer’s report and Attachment 1;

2. Adopt the Swanbourne Street Local Structure Plan notated July 2014 under clause 6.2.9 of Local Planning Scheme 4, subject to the following modifications:


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a) A new section to be added to Part 2 of the LSP – ‘4.9 Playing Fields Interface’ to highlight the measures below to be addressed as the project progresses through detailed planning and design.

− Wording to be provided in Section 4.9 to the effect that building controls will be explored through the adoption of design guidelines specifying, amongst other measures, minimum design and construction standards to reduce or eliminate the potential impact of stray cricket balls from the playing fields. Such measures to be considered may include shatter proof, adequate insulation, window style and location, etc.

− Wording to be provided in Section 4.9 stating that measures are to be explored at the Local Development Plan stage that may reduce or eliminate the potential damage to property and public safety, such as, the location of buildings adjacent Stevens Reserve.

− Wording to be provided in Section 4.9 that supports ongoing consultation between LandCorp, the FDCC and the City of Fremantle to facilitate the satisfactory resolution of the above issues.

b) A new section to be added to Part 2 of the LSP – 5.6 ‘Additional Scheme amendment’. Wording in this part to indicate that the City will do further work to investigate rezoning lots 2069 and 2070 (21 Knutsford Street) from Facility-Community Facilities Reserve to Development Zone – Development area 4 under the City’s Local Planning Scheme No. 4 for the purpose of including the two lots into the LSP area at a later stage.

c) Additional wording to be included into part 2 – 5 implementation, 5.4 ‘Development Guidelines’. The wording to state that further consideration will be given to using an Australian Height Datum (AHD) measurement or other more appropriate height measure to cap the maximum height of new buildings over the site at the design guidelines/Local development plan(s) stage.

d) Include additional wording in the LSP to state that design quality and sustainability criteria applicable to a ‘landmark’ tower building and a requirement to provide an affordable housing component in excess of at least 15% of the total dwelling yield in the development precinct containing the landmark building will be identified at the Local Development Plan stage, and these criteria must be satisfied in order for the responsible authority to grant approval for development of up to 47m in building height in Development Precinct 4 (instead of 20m building height). This additional wording should be included in the following parts of the LSP:

• Part 1: 7.8 Local Development Plans clause e), Figure 2 – Swanbourne Street Development Control Plan and Table 3: Swanbourne Street LSP building heights development precincts (DP) Note 3; and

• Part 2: Landmark Building Site. 3. Forward the Swanbourne Street Structure Plan (as modified in accordance

with 2 above) to the Western Australian Planning Commission for endorsement in accordance with the requirements of clause 6.2.10 of LPS4.


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4. Consider adoption of the Swanbourne Street Local Structure Plan to supersede the Swanbourne Street Development Area Structure Plan, December 2003.

5. Revoke D.G.F28 Swanbourne Street and Knutsford Street Local Area Policy (D.G.F28) by publication of a formal notice of revocation once a week for two consecutive weeks in the Fremantle Gazette.

SECONDED: Cr R Fittock CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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PSC1411-180 SCHEME AMENDMENT NO. 61 - AMENDMENT TO SUB AREA 1.3.2 OF LOCAL PLANNING AREA 1 - FINAL ADOPTION

DataWorks Reference: 218/068 Disclosure of Interest: Nil Meeting Date: 5 November 2014 Responsible Officer: Manager Planning Projects and Policy Actioning Officer: Strategic Planner Decision Making Level: Council Previous Item Number/s: PSC1402-21 26 March 2014

PSC1405-7 28 May 2014 Attachments: 1. Schedule of Submissions

2. Track changes of proposed amendment to Sub Area 1.3.2 of LPA1


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EXECUTIVE SUMMARY The purpose of this report is to recommend to Council final adoption of Amendment No. 61 to Local Planning Scheme No. 4 (LPS4) to:

• Amend Sub Area 1.3.2 of Local Planning Area 1 – City Centre to: o Remove the mandatory 15% Office land use requirement; o Modify the additional discretionary height provisions to -

reduce the percentage of Affordable Housing required from 15% to 10%; and

include a provision that no car parking will be allowed for at least 5% of the total residential dwellings within a development (excluding the Affordable Housing dwellings); and

delete the reference to storeys and refer to building height in metres only;

o Include a provision to remove the Residential Design Code requirement for on-site visitor car parking for residential dwellings;

o Present the as of right and additional discretionary heights in a single building height table;

o Include two additional sites, 35 William St (lot 101) and 135 High Street Mall (lot 381), Fremantle into the sub area and associated provisions.

• Amend the map of Sub Area 1.3.1 of Local Planning Area 1 to remove 35 William St and 135 High Street Mall, Fremantle from the sub area due to their inclusion in Sub Area 1.3.2.

The amendment was placed out for public comment for 42 days from 02 September 2014 to 13 October 2014 and eleven submissions were received; two from landowners and nine from State agencies/service providers. Two submissions were in support, one submission in objection, with the remaining submissions stating no objection/no comment. All submissions have been noted and one minor modification to the amendment is recommended for formatting purposes. Therefore it is recommended that Council resolves to adopt Amendment No.61 to LPS4 with minor modification. BACKGROUND Sub Area 1.3.2 of Local Planning Area 1 – City Centre formed part of Scheme Amendment No. 49 and included associated provisions to change the development requirements of a number of key sites within the inner east end of the City Centre zone, with the purpose to help achieve the Council’s strategic objectives for increased retail and commercial activity and residential population in the city centre. Analysis of the functionality of the current provisions in the current planning context as well as feedback from property owners, architects and developers since the gazettal of Amendment 49 on 18 January 2013, has informed the minor revisions to the Sub Area provisions as adopted by Council for public comment at its ordinary meeting of Council 28 May 2014 (PSC1405-7).


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The Amendment proposes minor modification to the provisions of the sub area 1.3.2 of Local Planning Area 1 of the Scheme as set out in the Executive Summary, including the removal of the mandatory 15% office requirement, and the inclusion of two new sites into the sub area. For further background information please see the Council minutes of the in-principle and adoption for advertising reports on Amendment 61 (PSC 1403-21, 26 March 2014; PSC1405-7, 28 May 2014). CONSULTATION Following referral from the Environmental Protection Authority on the 07 July 2014, advertising was undertaken in accordance with the Planning and Development Act 2005, regulation 25(2) of the Town Planning Regulations 1967 and the City’s Local Planning Policy 1.3 - Public Notification of Planning Approvals. The proposed Scheme amendment was advertised for public comment from 02 September 2014 to the 13 October 2014 (42 days), with two consecutive advertisements placed in the Fremantle Gazette (local newspaper) at the commencement of advertising. The City’s precinct groups, utility companies, properties within a 100m radius of the subject site and other interested parties and key agencies were also notified and copies of the amendment documents were made available for viewing at the Customer Service Counter at the Town Hall Centre and on the City’s website. Hard copies of the documentation were available to be sent to residents upon request. An information summary sheet was also provided with the letter of notification to the above mentioned stakeholders and agencies. In addition, a community information session was held on the 15 September 2014 between 5.30pm and 7.30pm at the City of Fremantle Reception Room. The information session was facilitated through a ‘drop in’ format with one private citizen attending. At the close of advertising, eleven submissions were received on the Amendment: two from landowners and nine from State agencies/service providers. Please refer to Attachment 1 for the complete Schedule of Submissions. Two submissions were in support, one submission in objection, with the remaining submissions stating no objection/no comment. The submission of objection as relating to building height is addressed below. All submissions have been noted and no modification to the amendment is recommended in consideration of the submissions received. One minor modification to the format of clause (k) of ‘Other development standards – pedestrian link’ of the Amendment is recommended by officers for the purposes of clarifying the intent of the provision through re-formatting. This is discussed under ‘Minor modification - Other development standards - pedestrian link’ below. PLANNING COMMENT Addressing submissions Building Height One submission of objection was received which appears as overall objection to an increase in building height in Fremantle generally; no specific reference is made to the


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advertised Amendment provisions or the proposed two new sites for Sub Area 1.3.2. Please refer to Attachment 1 for the full submission. This Amendment applies to existing Sub Area 1.3.2 of Local Planning Area 1 – City Centre of the Scheme and associated development provisions to the 12 sites located within the sub area. These provisions address land use, building heights and setbacks and other development standards, and include as of right (permitted) building heights as well as discretionary additional height (above the permitted building height) to a number of the sites subject to meeting a suite of criteria; however it is important to note the current amendment does not propose any change to the existing building height provisions of the Sub Area (please refer to PSC1405-7, 28 May 2014 for further background). This Amendment proposes the expansion of Sub Area 1.3.2 through the inclusion of two new sites, 35 William St and 135 High St Mall, with associated development provisions, including changes to the maximum building height as currently allowed for the two new sites under the Scheme. Both 35 William St and 135 High St Mall are allowed a building height of a maximum of 14 metres to a maximum of 4 storeys (upper storey setback) under the current provisions of the Scheme (sub area 1.3.1 of LPA1). It is proposed 135 High St Mall to be included into the existing Site 12 of the Sub Area, which under the current provisions of the Scheme, permits a maximum building height of 17.5m and is generally equivalent to one additional storey in building height than what is currently allowed for this property under the Scheme. Please see figure 1 below.

Figure 1 – Extended Site 12 - cross section from William St to Paddy Troy Mall (and separately to South Tce) showing current and proposed building height limits For the new site of 35 William St, this is proposed to be included into the sub area as a new site, site 13. A permitted building height of 17.5m and maximum building height with an upper floor setback of 21m is proposed. This would facilitate a development with comparable scale to the immediately adjoining and opposing sites of 9 and 10a within the streetscape (please see Figure 2 below). The existing provisions of clause (e) of the Sub Area ensure the impacts of bulk and scale are mitigated at street frontages to both William St and Paddy Troy Mall, requiring the portion of the building above 17.5m, up to


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the maximum height of 21m, to be set back so as not to be visible from the street. Furthermore, the inclusion of the new site into the provisions for sites adjoining a heritage listed property, allows Council the discretion to require a lesser building height on that part of the development to ensure the compatibility of the development with the heritage listed building of Rosie O’Grady’s.

Figure 2 – Site 13 - cross section from William St to Paddy Troy Mall (and separately to South Tce) showing current and proposed building height limits A discretionary additional 3.5m in building height may be allowed to the permitted and maximum ‘as of right’ building heights at site 13 should the landowner transfer an 8m wide access link to City at no cost to the City as set out in clause (k) of the Amendment. Please refer to the Council report of initiation (PSC1405-7, 28 May 2014) for further discussion and explanation of the proposed increase to maximum building height for the two new sites. The sites of 35 William St and 135 High St Mall have been identified for their potential to further contribute to the revitalisation of the city centre and provide additional options for investment in the city. The location of the two sites allow their natural inclusion into the existing Sub Area as well as the potential for development to complement that proposed within the adjoining King Square development project sites. The Amendment additionally removes the mandatory 15% Office requirement at clause (a)(iii) of sub area 1.3.2 to allow the market to determine the supply of this land use within the city centre. Therefore in consideration of the above, the submitters’ comments are noted and no modification to the Amendment recommended. Minor modification - ‘Other development standards - pedestrian link’ A pedestrian link currently exists between William St and Paddy Troy Mall at site 13. The intent of this provision at clause (k) is to ensure a pedestrian access link is maintained within any future development proposed at site 13 between William St and Paddy Troy Mall, to align with Newman Crt, and as identified in City’s Local Planning Policy 3.1.5 – Precinct 5.


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At Council’s adoption for advertising of the Amendment, an amendment was moved to the officers’ original recommendation of clause (k) to include the additional wording as underlined in the text below. (k) As part of any future development in Site 13, a high amenity access link with a minimum width of 8 metres is to be provided between William Street and Paddy Troy Mall, to align with Newman Court, at no cost to the City, unless otherwise agreed between the City and the landowner. Ongoing public access arrangements are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval. The Council may, at its discretion, permit up to 3.5 metres additional building height to both of the building heights referred to in the second and third columns of the table in clause (e) where an area of land with a minimum width of 8 metres which provides a direct link between William Street and Paddy Troy Mall is transferred to the City at no cost to the City for the purposes of providing a public access link/amenity space. In all cases the provision of the access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome. Officers recommend minor modification to clause (k) of sub area 1.3.2 to provide clarity between the requirement of an access link and the provision regarding discretionary additional height, should the area of land for the purpose of an access link be transferred to the City at no cost to the City. These modifications are minor, primarily format based, and do not alter the intent of the provision. The proposed minor modification to clause (k) is set out below in red: (k) (i) As part of any future development in Site 13, a high amenity access link with a minimum width of 8 metres is to be provided, at no cost to the City, between William Street and Paddy Troy Mall, to align with Newman Court, unless otherwise agreed between the City and the landowner. Ongoing public access arrangements to the access link are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval. (ii) The Council may, at its discretion, permit up to 3.5 metres additional building height to both of the building heights referred to in the second and third columns of the table in clause (e) where an area of land with a minimum width of 8 metres which provides a direct link between William Street and Paddy Troy Mall, to align with Newman Court, is transferred to the City at no cost to the City for the purposes of providing a public access link/amenity space. (iii) In all cases the provision of the access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome. Additional comment Officers note 35 William St, Fremantle (Fremantle Malls - proposed site 13) has been formally removed from the City’s Heritage List and retained on the Municipal Heritage Inventory (MHI description Fremantle Malls, 27-45 William Street), as resolved at the Ordinary Meeting of Council 22 October 2014, item PSC1410-160 - Heritage List and MHI Annual Update 2014.


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CONCLUSION The City is committed to meeting its strategic imperative of delivering effective renewal of urban areas and maximising economic development opportunities that will lead to increased retail, commercial and residential activity within the city. Amendment No. 61 is the minor review of the current development provisions and standards for the city centre strategic sites of Sub Area 1.3.2 of Local Planning Area 1 of the City’s Local Planning Scheme No. 4, to refine their functionality in response to industry feedback, and includes the addition of two new sites, providing increased opportunity for revitalisation of the city centre and additional options for investment in the city. No modification to the Amendment is recommended in consideration of the eleven submissions received during public advertising, of which the majority are of no objection/no comment/in support of the Amendment. One minor modification is proposed by officers to clause (k) for the purpose of formatting and clarity; the intent of the provision is unaltered. Accordingly it is recommended that Council resolve final adoption of Scheme Amendment No. 61. COMMITTEE AND OFFICER'S RECOMMENDATION MOVED: Cr R Fittock That Council:

1. Note the submissions received as detailed in the Officer’s report and

attachment 1;

2. Resolve, pursuant to Section 75 of the Planning and Development Act 2005 and Regulation 17(2)(a) of the Town Planning Regulations 1967, to adopt the following amendment to the City of Fremantle Local Planning Scheme No. 4 with minor modification:

1) Amending clause 12.12 - Schedule 12 Local Planning Areas (Development

Requirements) - Local Planning Area 1 – City Centre, as follows:

a) Amend Sub Area 1.3.1 West End map to be delete 35 William Street (Lot 101) and 135 High Street Mall (lot 381), Fremantle as follows:


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b) Amend Sub Area 1.3.2 map to insert 35 William Street (lot 101), Fremantle as a new site, site 13, and to insert 135 High Street Mall (lot 381) as an addition to existing site 12, as follows:


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c) Amend Sub Area 1.3.2 text as follows:

i) Delete clause (a) (iii)

ii) Delete ‘and’ from the end of clause (a) (ii) and insert the word ‘and’ at the end of the preceding clause (a) (i)

iii) Amend the table in clause (e) to insert a new column between column three and four as follows:


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Maximum

Building Height (Metres) which may be permitted in accordance with clause (f)

38.9 28.2 - - 35.3 - - 31.7 21.2 24.7 - - 28.2 - - - - -

iv) Amend the table in clause (e) to insert the new site, site 13, as a new row at the end of the table as follows:

13 17.5 21 - 10

v) Amend clause (e) text to insert reference to site 13 so the clause shall read:

‘Notwithstanding the building heights in the above table, Council may impose a lesser building height on the part of development within Areas 2, 6a & 6b, 7, 8, 10a & 10b, 11, 12 and 13…’

vi) Amend clause (f) to delete the text as follows: - ‘permit up to 14.4 metres additional building height on Site 1; - permit up to 10.8 metres additional building height on Site 4;


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- permit up to 7.2 metres additional building height on Sites 2, 6a, 6b and 6c; and

- permit up to 5.7 metres additional building height on Site 9, where –’

vii) Amend clause (f) to delete clause (iii) in its entirety and delete the word ‘and’ from the end of the preceding clause (f) (ii) as follows: ‘; and

(iii) there are no more than 9 storeys above ground level within the

development, with the exception of development on Site 1;’

viii) Amend clause (f) to insert the text ‘permit up to the maximum building height as set out in clause (e) where-’ so the clause shall read: ‘Where a specific Local Planning Policy has been adopted to enable this provision, the Council may, at its discretion, permit up to the maximum building height as set out in clause (e) where-’

ix) Amend clause (f) (v) by: a. replacing ‘15 per cent’ with ‘10 per cent’ b. Inserting a new sub clause at the end of clause (f) (v) and insert the word

‘and’ at the end of the preceding sub clause so the clause shall read as follows:

‘; and a minimum of 5% of the total dwelling yield of the development shall not be provided with a designated car bay. The minimum number of dwellings that are not provided with a designated car bay as required by this clause shall be in addition to the number of dwellings to be provided for ‘affordable housing’. Council may require, as a condition of planning approval, provision to be made to include notification on the property title(s) that owners and/or occupiers of dwellings without designated car parking bays will not be entitled to on-street residential parking permits.’

x) Amend ‘Other Development Standards-’ to include a new clause, clause (k), which shall read as follows: (k)(i) As part of any future development in Site 13, a high amenity access link with a minimum width of 8 metres is to be provided, at no cost to the City, between William Street and Paddy Troy Mall, to align with Newman Court, unless otherwise agreed between the City and the landowner. Ongoing public access arrangements to the access link are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval.


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(ii) The Council may, at its discretion, permit up to 3.5 metres additional building height to both of the building heights referred to in the second and third columns of the table in clause (e) where an area of land with a minimum width of 8 metres which provides a direct link between William Street and Paddy Troy Mall, to align with Newman Court, is transferred to the City at no cost to the City for the purposes of providing a public access link/amenity space. (iii) In all cases the provision of the access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome. xi) Reletter existing clauses (k) to (l) of ‘Car Parking-’ as (l) to (m)

accordingly.

xii) Amend ‘Car Parking-’ to include a new clause, clause (n), which shall read as follows: ‘(n) The provisions of clauses 5.7.1 to 5.7.4 inclusive do not apply for visitor

parking for residential land uses.’

xiii) Reletter the subsequent clause (m) of ‘Special Conditions of Planning Approval-’ to (o) accordingly.

3. Authorise the Mayor and Chief Executive Officer to execute the relevant

documentation and affix the common seal of the City of Fremantle on the documentation.

4. Request the Minister for Planning to grant final consent to Scheme

Amendment No. 61 as referred to in (2) above. CARRIED: 6/1 Cr S Wainwright MOVED an amendment to remove part c (ix) of the Committee and Officer's Recommendation as shown below: rep lac ing 15 pe rcent with 10 percent SECONDED: Cr S Naber CARRIED: 7/6 For Against Cr Doug Thompson Cr Robert Fittock Cr Rachel Pemberton

Mayor, Brad Pettitt Cr Bill Massie Cr Jon Strachan


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Cr Simon Naber Cr David Hume Cr Ingrid Waltham Cr Sam Wainwright

Cr Dave Coggin Cr Josh Wilson Cr Andrew Sullivan

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION I believe mostly improve or fine tune LPS4, I still see this is an unnecessary and speculative concession, and the public consultation has not revealed any new evidence to suggest otherwise. Cr A Sullivan MOVED an amendment to the Committee and Officer's Recommendation as shown below: to delete part c (i) which states “Delete clause (a) (iii) SECONDED: Cr R Fittock CARRIED: 11/2 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Jon Strachan Cr Bill Massie

REASON/S FOR CHANGE TO COMMITTEE AND OFFICERS RECOMMENDATION The effect of this amendment would be to retain within Local Planning Scheme 4 the existing requirement that on sites within the City Centre sub-area 1.3.2 (i.e the sites previously subject to scheme amendment 49) which are larger than 3,000sqm, a minimum of 15% of the net lettable area of the development shall be provided for office use. This is considered critical to ensure that the City's strategic aim of providing for the development of sufficient new high quality office accommodation to support employment growth and Fremantle's function as a strategic metropolitan activity centre can be achieved.


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COUNCIL DECISION

MOVED: Cr A Sullivan That Council:

1. Note the submissions received as detailed in the Officer’s report and

attachment 1;

2. Resolve, pursuant to Section 75 of the Planning and Development Act 2005 and Regulation 17(2)(a) of the Town Planning Regulations 1967, to adopt the following amendment to the City of Fremantle Local Planning Scheme No. 4 with minor modification: 1) Amending clause 12.12 - Schedule 12 Local Planning Areas (Development

Requirements) - Local Planning Area 1 – City Centre, as follows:

a) Amend Sub Area 1.3.1 West End map to be delete 35 William Street (Lot 101) and 135 High Street Mall (lot 381), Fremantle as follows:

b) Amend Sub Area 1.3.2 map to insert 35 William Street (lot 101), Fremantle as a new site, site 13, and to insert 135 High Street Mall (lot 381) as an addition to existing site 12, as follows:


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c) Amend Sub Area 1.3.2 text as follows:

i) Delete ‘and’ from the end of clause (a) (ii) and insert the word ‘and’ at the end of the preceding clause (a) (i)

ii) Amend the table in clause (e) to insert a new column between column three and four as follows:

Maximum Building Height (Metres) which may be permitted in


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accordance with clause (f)

38.9 28.2 - - 35.3 - - 31.7 21.2 24.7 - - 28.2 - - - - -

iii) Amend the table in clause (e) to insert the new site, site 13, as a new row at the end of the table as follows:

13 17.5 21 - 10 iv) Amend clause (e) text to insert reference to site 13 so the clause shall

read: ‘Notwithstanding the building heights in the above table, Council may impose a lesser building height on the part of development within Areas 2, 6a & 6b, 7, 8, 10a & 10b, 11, 12 and 13…’ v) Amend clause (f) to delete the text as follows: - ‘permit up to 14.4 metres additional building height on Site 1; - permit up to 10.8 metres additional building height on Site 4; - permit up to 7.2 metres additional building height on Sites 2, 6a, 6b and

6c; and - permit up to 5.7 metres additional building height on Site 9,

where –’ vi) Amend clause (f) to delete clause (iii) in its entirety and delete the word ‘and’ from the end of the preceding clause (f) (ii) as follows: ‘; and (iii) there are no more than 9 storeys above ground level within the

development, with the exception of development on Site 1;’


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vii) Amend clause (f) to insert the text ‘permit up to the maximum building height as set out in clause (e) where-’ so the clause shall read: ‘Where a specific Local Planning Policy has been adopted to enable this provision, the Council may, at its discretion, permit up to the maximum building height as set out in clause (e) where-’ viii) Amend clause (f) (v) by: a. Inserting a new sub clause at the end of clause (f) (v) and insert the word

‘and’ at the end of the preceding sub clause so the clause shall read as follows:

‘; and a minimum of 5% of the total dwelling yield of the development shall not be provided with a designated car bay. The minimum number of dwellings that are not provided with a designated car bay as required by this clause shall be in addition to the number of dwellings to be provided for ‘affordable housing’. Council may require, as a condition of planning approval, provision to be made to include notification on the property title(s) that owners and/or occupiers of dwellings without designated car parking bays will not be entitled to on-street residential parking permits.’

ix) Amend ‘Other Development Standards-’ to include a new clause, clause (k), which shall read as follows: (k)(i) As part of any future development in Site 13, a high amenity access link with a minimum width of 8 metres is to be provided, at no cost to the City, between William Street and Paddy Troy Mall, to align with Newman Court, unless otherwise agreed between the City and the landowner. Ongoing public access arrangements to the access link are to be determined by and be to the satisfaction of the City, and set as a condition of planning approval. (ii) The Council may, at its discretion, permit up to 3.5 metres additional building height to both of the building heights referred to in the second and third columns of the table in clause (e) where an area of land with a minimum width of 8 metres which provides a direct link between William Street and Paddy Troy Mall, to align with Newman Court, is transferred to the City at no cost to the City for the purposes of providing a public access link/amenity space. (iii) In all cases the provision of the access link is to be considered as an integrated component of any redevelopment concept in this location to ensure the provision of activated ground level frontages and a high quality built form outcome. x) Reletter existing clauses (k) to (l) of ‘Car Parking-’ as (l) to (m)

accordingly. xi) Amend ‘Car Parking-’ to include a new clause, clause (n), which shall read as follows: ‘(n) The provisions of clauses 5.7.1 to 5.7.4 inclusive do not apply for visitor

parking for residential land uses.’


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xii) Reletter the subsequent clause (m) of ‘Special Conditions of Planning Approval-’ to (o) accordingly.

3. Authorise the Mayor and Chief Executive Officer to execute the relevant documentation and affix the common seal of the City of Fremantle on the documentation.

4. Request the Minister for Planning to grant final consent to Scheme Amendment No. 61 as referred to in (2) above.

SECONDED: Cr R Fittock CARRIED: 12/1 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Jon Strachan

Cr Bill Massie


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SPECIAL PROJECTS COMMITTEE 12 NOVEMBER 2014 SPC1411-1 FREMANTLE ACTIVITY CENTRE STRUCTURE PLAN - PURPOSE,

OBJECTIVES AND ACTIONS DataWorks Reference: 115/038 Disclosure of Interest: Nil Meeting Date: SPC 12 November 2014; Council 26 November 2014 Previous Item: PSC1206-93 - 27 June 2012 Responsible Officer: Acting Director Planning and Development Actioning Officer: Strategic Planning Officer Decision Making Authority: Council Agenda Attachment 1: Structure plan requirements as per SPP4.2 Agenda Attachment 2: Example extract from structure plan – ‘Activity’ section


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EXECUTIVE SUMMARY

Fremantle is identified as a ‘strategic metropolitan centre’ under the state government’s hierarchy of activity centres as detailed in the Western Australian Planning Commission’s Directions 2031 and Beyond. In accordance with the associated state planning policy 4.2 – Activity centres for Perth and Peel, a structure plan is required to be prepared for each ‘strategic metropolitan centre’. Completing a structure plan for the Fremantle central area is also meets several of the City of Fremantle’s strategic plan 2010-15 strategic imperatives. Officers are well underway with the drafting of the Activity Centre structure plan. Prior to completing the draft document and presenting it to Council, officers feel it would be valuable to gain Council feedback and direction at this stage on key points of the structure plan. Accordingly, the purpose of this report is to present for Council’s consideration the draft activity centre structure plan’s purpose and objectives and discuss the approach taken whereby actions are provided for each of the four themes: Activity, Movement and Connectivity, Urban Form and Sustainability. BACKGROUND

Requirement for an Activity Centre Structure Plan Directions 2031 and Beyond and State Planning Policy 4.2 – Activity Centres for Perth and Peel Fremantle is identified as one of ten ‘strategic metropolitan centres’ under the State Government’s Directions 2031 and Beyond strategic planning framework. The next tier in the strategic centre hierarchy is ‘Primary Centre’ of which there are currently no metropolitan centres identified as a Primary Centre. Primary Centre is an aspirational target for any of the strategic metropolitan centres to move into over time. State Planning Policy 4.2 ‘Activity Centres for Perth and Peel’ (SPP4.2) (gazetted in August 2010) is a statutory document that guides the administration of the activity centres. SPP4.2 sets out typical characteristics and performance targets for each of the centres in the hierarchy and advocates integrated, cohesive and accessible centres. An Activity Centre Structure Plan (ACSP) for a strategic metropolitan centre requires Western Australian Planning Commission (WAPC) approval. City of Fremantle Strategic Plan 2010-15 The structure plan will meet several of the City of Fremantle’s Strategic Plan 2010-15 Strategic Imperatives as shown in figure 1 below.


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Figure 1: Strategic imperatives from the City’s Strategic Plan 2010-15 Other City of Fremantle strategic documents The ACSP will also complement various plans, policies and projects that have already been adopted or are currently being undertaken by the City of Fremantle including:

• City of Fremantle Economic Development Strategy; • Local Bicycle Plan for 2014-2018; • Draft Integrated Transport Strategy; • Plan of ‘Transformational moves’ for Fremantle City Centre; and • Fremantle 2029 Community Visioning process.

Scope of the Activity Centre structure plan The purpose of the Activity Centre structure plan (ACSP) is to be a broad strategic planning document to guide future land use, development and other activity within the Fremantle city centre area. The structure plan will be holistic in approach; looking at the function of the area as a whole rather than separate and independent components. Whilst the structure plan will recognise and differentiate between places of different character, history and uses, the integration of these places into the whole will be at the forefront of the structure plan’s ambitions.


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The scope of the Fremantle ACSP and area were agreed to by Council at the Ordinary Meeting of Council minutes 27 June 2012 (please see item PSC1206-9). Figure 2 (below) illustrates the Fremantle ACSP area. The structure plan study area encompasses the historical and established places of commerce, trade and activity, such as the West End and Fremantle Port. It also includes areas currently in transition stages, such as the Amendment 38 area (‘East End’) and Amendment 49 sites, which once redeveloped will contribute greatly to the overall functioning of the city. The study area incorporates an array of land uses that are integral to the centre’s function, including all forms of retail, commerce and banking, government administration (including key social services), tourist and entertainment orientated uses, residential, educational, recreational, special facilities such as medical and health services, and maritime industries. Additionally the area is well serviced by public transport, with most of the area within the accepted 800m walkable catchment from the railway station or within 250m of high frequency bus routes.

Figure 2: structure plan study area The contents of an activity centre structure plan are generally set out in SPP4.2’s Table 7 and in greater detail in Appendix 2 – Model Centre Framework (refer to Attachment 1 of this report which provides all the stated requirements from Appendix 2 of SPP4.2). The City’s ACSP will broadly follow the framework provided in SPP4.2. The Fremantle ACSP includes: setting a purpose, identifying land use and development objectives, providing context and analysis and planning for Activity, Movement and Connectivity, Urban Form and Sustainability. The contents of the City’s Activity Centre structure plan is provided in figure 3 below.


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Figure 3: Structure plan format While the structure plan will be a strategic guiding document and will be a consideration in the assessment of development proposals, it will not be a statutorily enforceable document. Development standards are currently dealt with under the local planning scheme and associated policies. The structure plan will instead bring together initiatives and actions from other policy and strategic documents into one framework. Ultimately implementation of the structure plan will be achieved through these other existing and new documents, policies and other appropriate statutory planning mechanisms. PLANNING COMMENT

Officers are currently drafting the ACSP, which is a requirement of State strategic planning documents and policy, and is consistent with the Strategic Imperatives of the City’s strategic plan (see background above). Prior to completing the draft document and presenting the whole structure plan to Council, officers consider it would be valuable to gain feedback and direction from Council on key parts of the document. Accordingly, the following aspects from the draft activity centre structure plan are presented for Council’s consideration:

• Purpose; • Objectives; and


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• Discussion on the approach of using ‘actions’ for each of the four themes: Activity, Movement and Connectivity, Urban Form and Sustainability.

Purpose The purpose of the ACSP details and defines what the Fremantle activity centre will be like by 2031. It needs to be clear, aspirational and include specific aspects that can then be pulled into the objectives and worked towards through the plan. The proposed draft ACSP purpose is: The structure plan will guide land use, development and other activity in the Fremantle Activity Centre so that by 2031 Fremantle is regarded as Perth’s second city and a Primary Centre under state government’s strategic metropolitan centre framework. Fremantle in 2031 is characterised by its location between the river and the sea, a mixture of high quality new and old built fabric, well integrated and connected transport modes, quality cultural activities and an inclusive and diverse community. Through development of the Activity Centre, Fremantle is highly regarded for its economic and environmental innovation and internationally recognised for its tourism, cultural and built heritage, and urban living. Fremantle is a vibrant city to visit, work, and live in seven days a week and it embraces its unique character that truly makes it ‘Freo’. Objectives The draft structure plan is divided into four themes which make up the body of the structure plan. The four themes are broadly consistent with those provided in SPP4.2 and are: Activity, Movement and Connectivity, Urban Form and Sustainability. Each of the four themes has an objective that reflects the purpose of the ACSP. First the background information and context are provided in a separate ‘analysis’ section for each theme. Then the objective is presented and a ‘Plan’ section is established for each theme based on actions to achieve the objective and ultimately the purpose (see figure 3 structure plan format). The objectives provide further detail on the purpose of the ACSP in the context of what the plan endeavours to achieve for the specific theme. The key objectives as currently drafted are: Activity: To economically and socially revitalise the core of the centre in close proximity to the primary public transport node, to ensure the city supports a diverse range of uses and activities, while being an attractive, inclusive, vibrant and safe place to visit, live, work and explore. Movement and Connectivity: To give the highest priority to pedestrian and cyclist movement and connectivity within the centre and to ensure environmentally and economically sustainable transport solutions on a regional scale. Urban Form: To provide high quality new development, while actively retaining and enhancing the Centre’s unique character and significant built heritage. Sustainability: To be a leader in environmentally sustainable solutions for the benefit of current and future generations.

Actions


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Following on from the purpose of the ACSP and the objectives provided for each theme officers propose clear, concise and specific action statements. The purpose of the action statements would be to provide measurable entities to monitor the effectiveness and implementation of the objectives and purpose of the plan against. Officers are working through providing actions for each theme however feedback on this approach is requested at this stage. As an example, the actions to achieve the objective of the ‘activity’ theme are provided for Council’s consideration below. Additionally, an example of draft wording and maps for the activity ‘plan’ section are provided in appendix 2. ‘Activity’ theme objective and actions Objective: To economically and socially revitalise the core of the centre in close proximity to the primary public transport node, to ensure the city supports a diverse range of uses and activities, while being an attractive, inclusive, vibrant and safe place to visit, live, work and explore. Land use Actions:

• Continue to accommodate a broad range of land uses commensurate of a Primary Centre;

• Promote new, quality office and retail floorspace; • Provide for a diverse range of residential use, including new hotel

accommodation; • Ensure the planning system enables business to accommodate rapid change; and • Promote a wide range of community, civic and cultural facilities.

Employment Action: Continue to be a major regional employment provider. Housing Action: Accommodate a growing population and achieve a residential density that supports the Centre by significantly increasing the number and diversity of dwellings within the Centre. Nodes of activity and pedestrian movement Actions:

• Reinforce and establish distinctive, diverse nodes of activity that are located to distribute activity throughout the Centre.

• Achieve nodes interconnected by legible, attractive and safe pedestrian routes with a particular emphasis on re-establishing the Centre’s connection with the waterfront at a number of locations.

The summary maps of the plans for each theme, apart from sustainability, are provided below for Council’s interest:


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Activity


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Movement and Connectivity


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Urban Form


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CONCLUSION

The preparation of an activity centre structure plan is a critical element in the City’s aim to ultimately achieve Primary Centre status under the state government’s hierarchy of activity centres. This report presents the purpose, objectives and the notion of using actions in the draft activity centre structure plan for the Fremantle central area. Officers are currently drafting the Activity Centre structure plan. Prior to completing the draft document and presenting it to Council, officers feel it would be valuable to gain Council feedback and direction on key points of the structure plan. Following feedback on the approach taken officers will endeavour to present the Activity Centre structure plan back to Council in early 2015. COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr R Pemberton That Council supports proceeding with the preparation of a draft Fremantle Activity Centre Structure Plan as outlined in the officer’s report and discussed by the Special Projects Committee on 12 November 2014, for further consideration by the Special Projects Committee and Council in early 2015. SECONDED: Cr J Strachan CARRIED: 12/1 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie


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SPC1411-2 ISSUES ASSOCIATED WITH GOVERNMENT ANNOUNCEMENT OF AMALGAMATION WITH THE TOWN OF EAST FREMANTLE

DataWorks Reference: 098/004 Disclosure of Interest: Nil Meeting Date: 28 November 2014 Previous Item: Nil Responsible Officer: Graeme Mackenzie, Chief Executive Officer Actioning Officer: Graeme Mackenzie, Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Nil EXECUTIVE SUMMARY

The Minister for Local Government, together with the Premier, announced on 22 October that the government had accepted the recommendations of the Local Government Advisory Board (LGAB) for reform in the metropolitan area, including accepting proposal 12 from the City of Fremantle that the City of Fremantle amalgamate with the Town of East Fremantle together with boundary adjustments generally consistent with the City’s proposal to the LGAB. Included in the announcement was a recommendation from the LGAB that the new entity would have 12 councillors plus a popularly elected mayor, but there were no wards for its first election in October 2015. The Minister again met with Mayors and CEO’s of affected local governments in Fremantle on 29 October to outline the funding arrangements for local governments to support the reform process. On this occasion, unlike the announcements the previous week, Mayors and CEO’s were given the opportunity to ask questions of the Minister. Aside from all councils being dissatisfied with the acceptance of recommendations that the 2015 elections would be conducted without wards; the other matter that was not clarified related to the appointment of Commissioners to the new amalgamated local governments. What was clear is that the government believes that there should be no requirement to have a Commissioner/s appointed prior to 1 July 2015, the day after the existing local governments formally cease to exist. The key issue that arises from this arrangement is the timeliness of the adoption of the annual budget for 2015/16. At a Special Council meeting of the Town of East Fremantle held on 29 October, that Council adopted a resolution which included a statement that the council would not actively oppose the amalgamation and would work with the City of Fremantle in the transition process. Since the City of Fremantle proposed the amalgamation, it is appropriate for council to adopt a similar recommendation of support. Whilst there are many issues associated with the amalgamation process and the creation of the new City of Fremantle, this report only deals with the key, and somewhat urgent, issues of the creation of wards for the 2015 elections, and the


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arrangements for preparing and adopting a 2015/16 budget for the new entity. A further report will be presented to the Ordinary Council meeting this month. BACKGROUND

Local government reform in WA has been on the agenda for a considerable number of years. In the mid 2000’s in response to growing pressure from other levels of government, WALGA initiated a ‘Sustainability Study’ which resulted in a major report being produced in 2009. A new State Government was elected in September 2008 and in mid 2009 the Minister for Local Government initiated a voluntary reform process which sought to reduce the number of local government authorities across the state, this process was relatively unsuccessful in achieving that objective. Further, the industry had progressed little on the WALGA Sustainability report recommendations and as a result, on 12 June 2011 the Minister announced an independent review of local government in the Perth Metropolitan area. An expert Panel was established and was required to report findings to the Minister no later than 30 June 2012. A major task for the panel was to make recommendations to the Minister on how the number of local governments in the Perth metropolitan area could be reduced. The Panel sought broad input from all interested stakeholders and undertook research to allow it to develop its draft report which it released in April 2012 for public comment. That report contained 23 key findings without recommendations, although many of the key findings suggested pretty clearly the recommendations that would follow. The Panel then concluded its work with its final report being presented to the Minister for Local Government in July 2012. The Minister released the report in October 2012 which recommended that the City of Fremantle be merged with the Town of East Fremantle and the City of Melville. Whilst the City of Fremantle had supported boundary reform in the metropolitan area, it did not support such a radical proposal that risked the City losing its identity and brand. The community of Fremantle similarly did not support the recommendations and together with the council was ultimately successful in having the government change its position to one that ensured Fremantle remained a strategic centre with a local administration. More recently, through existing legislation, the government pressured local governments to submit proposals to the LGAB and on 22 October this year, the government announced its support for the majority of the LGAB’s recommendations resulting from those proposals. Those recommendations are now government policy and create a number of new local governments through either disestablishment of existing local governments by boundary adjustment or by the amalgamation of two local governments to form one new larger local government. COMMENT General Support for Reform Outcomes The City of Fremantle lodged a proposal with the LGAB in October 2013 that sought to amalgamate the City of Fremantle and the Town of East Fremantle. It also sought to rationalise its eastern boundary with the City of Melville to a line down the middle of


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Stock Road, and extend its southern boundary into the City of Cockburn to a line generally along Phoenix Road capturing Hamilton Hill and North Coogee (part of). The resultant recommendations from the LGAB supported the City’s proposal. Governance arrangements Whilst the recommendation relating to Fremantle was consistent with the City’s submitted proposal to the LGAB, there was one significant change to the status quo that was unexpected. That recommendation is that the new local government, to be called the City of Fremantle, is created without wards and therefore the first elections of Councillors would be without wards. The Minister has stated that only the new entity can lodge a proposal to the LGAB to change or create wards and therefore any determination on this matter could not be made in time for the October 2015 elections. One of the guiding principles articulated by this council throughout the reform process was that local government needed to remain local, and in order to achieve that local representation was an essential principle to be balanced with larger, more efficient and capable local government. By creating a new City of Fremantle without any ward structures, each candidate for the position of councillor would be required to canvass across the whole district in the same manner that a candidate for the Mayoral position would do. An electorate of this size would be similar to state parliamentarian representation. Having such large electorate responsibility costs candidates significantly more than to run for a ward election, which in turn creates a greater possibility for political parties to run candidates. One of the strengths of the current system of local government in Western Australia is that party politics is largely absent from council chambers, unlike some other states in Australia. The other potential outcome of a no ward system is that some areas of the new local government risk having no local representation at all, whilst others may be over represented. In order to change this, the Minister has indicated through the Department of Local Government, that any proposal for wards needs to be lodged by the new local government – it cannot be lodged by the existing local government/s. Because of the processes involved in considering and having ward boundaries gazetted, it is impossible to have any ward boundaries in place for the first elections of the new council, expected to be in October 2015, when a proposal cannot be lodged until after 1 July 2015. The Minister has also indicated that he would consider an application to defer the first elections of any new local government until early in 2016, if there was a strong desire to establish ward boundaries for the first elections. This would allow time for a proposal to be lodged by the appointed Commissioner/s in July 2015, have the proposal go through the relevant processes, be gazetted, and allow the WA Electoral Commission and Council officers to prepare for the elections. It is anticipated elections could be held in March/April 2016. Whilst Officers will continue to seek legal mechanisms that allow for consideration and gazettal of ward boundaries prior to July 2015, in the event that cannot be done, council needs to consider whether it prefers the first council elections of the new local government to be held in October 2015 without wards or to allow a Commissioner/s to remain in office for a longer period and defer elections until early 2016. The on balance sentiment of senior officers is to prefer the latter. It should be noted that the Town of


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East Fremantle and the City of Fremantle must jointly support any proposal otherwise the outcome will be dictated by state government. There are a number of other matters that require clarification in the coming months, but in order to be able to continue to provide services to our existing and new communities on 1 July 2015, we need to resolve the process for preparing and adopting a budget now. Other matters relating to service harmonisation etc will be considered in a future report. 2015/16 Budget If a Commissioner/s is not appointed until 1 July 2015, there needs to be an agreed approach to the preparation of the first budget for the new entity, so that the Commissioner/s can adopt the budget in the knowledge that it has the support of the outgoing entities. That approach needs to involve the Town of East Fremantle and potentially the new areas being annexed from the City of Melville and the City of Cockburn. Interestingly, in the nine new local governments being formed through boundary adjustment arrangements, the responsibility for the budget rests entirely with the continuing local government. Whilst there will be varying forms of cooperation and engagement by those councils, it is ultimately the continuing council that will determine the budget allocations. However, that is not the case in the three amalgamation arrangements where the existing local governments are disbanded and new entities formed on 1 July 2015. Under these arrangements, the budget cannot be adopted by the existing entities, but the Commissioner/s as he/she/they are the governing body of the new local government. So, officers are of the view that if a budget is prepared that is supported by both the City of Fremantle and the Town of East Fremantle and has broad support from the other suburbs of the new local government evidenced by submissions; a Commissioner/s will be much more comfortable formally approving the budget in a timely manner so as to provide the much needed cash flows to continue service provision to the community. It is recommended that a formal arrangement be discussed with the Town of East Fremantle and put in place before the end of 2014 so that the process is clear. That arrangement may be an MOU or project brief, adopted by both councils and overseen by a joint budget committee of some description. There is also the question of how to engage the areas that are being brought into the new City of Fremantle through boundary adjustments. These areas do not have the same legislative powers or responsibilities as the wholly amalgamating local governments and on balance officers do not support having representatives from those areas on a joint budget committee. However, having a process that facilitates and encourages the current ward councillors of those areas to meet regularly with the committee to discuss budget arrangements as they affect their areas has merit. Again the arrangement needs to be discussed and agreed with East Fremantle. RISK AND OTHER IMPLICATIONS

Financial


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Nil – this report deals with governance arrangements and has little or no financial impact on the city’s budgets. Legal There are a number of provisions in the Local Government Act that apply to the matters discussed in this report. Those provisions are sometimes complex and legal advice is being sought as identified in this report. Operational Nil – there are no additional impacts on operations if the recommendations of this report are adopted. Organisational Organisational impacts are discussed through the report, particularly as it relates to governance arrangements at the council level. CONCLUSION

The government’s announcement about local government reform in the Perth metropolitan area on 22 October is the most significant reform of local government in this state since its inception over 100 years ago. The announcement as it relates to the City of Fremantle is welcomed by the City as it reflects the proposal submitted in October 2013 by the City. However, the major surprise in the announcement is that the LGAB has recommended, and been accepted by the Minister, that there will be no wards for the new entity. The city believes this undermines the democratic system of local government and therefore should seek to have that situation amended so that the first elections of the new council are ward based elections. The other significant factor that needs early consideration is the mechanism for preparing and adopting the 2015/16 budget for the new local government, given that it is likely that a Commissioner/s will not take office until 1 July 2015. STRATEGIC AND POLICY IMPLICATIONS

As discussed in the report PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION Nil VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required


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OFFICER'S RECOMMENDATION

That Council:

1. Note the Minister’s acceptance of the Local Government Advisory Board’s recommendations and seek to implement the proposed amalgamation cooperatively with the Town of East Fremantle and other affected communities.

2. Seek to have a ward system implemented prior to the inaugural elections of the new City of Fremantle, currently scheduled for October 2015;

3. In the event that it is not possible to achieve 2 above, then Council seek to have

the election date deferred so as to allow a ward system to be in place;

4. Seek an urgent joint meeting with the Town of East Fremantle to seek agreement on an appropriate ward structure for the new City of Fremantle;

5. Note that officers are seeking legal advice to ascertain whether it is possible for a

joint submission or proposal for wards to be lodged by the existing councils for the new City of Fremantle; and

6. Seek agreement from the Town of East Fremantle for an agreed structure to be

adopted to allow the preparation of a budget for the new City of Fremantle, such that the incoming Commissioner/s can adopt the budget in a timely manner to allow the continued provision of services to the community.

Cr J Wilson MOVED an amendment to the Officer's Recommendation to include the following wording: Items 2 and 3 to include "6 ward system" CARRIED: 9/1 For Against Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie


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COMMITTEE RECOMMENDATION

That Council:


2. Seek to have a 6 ward system implemented prior to the inaugural elections

of the new City of Fremantle, currently scheduled for October 2015; 3. In the event that it is not possible to achieve 2 above, then Council seek to

have the election date deferred so as to allow a 6 ward system to be in place;

4. Seek an urgent joint meeting with the Town of East Fremantle to seek

agreement on an appropriate ward structure for the new City of Fremantle; 5. Note that officers are seeking legal advice to ascertain whether it is possible

for a joint submission or proposal for wards to be lodged by the existing councils for the new City of Fremantle; and

6. Seek agreement from the Town of East Fremantle for an agreed structure to be adopted to allow the preparation of a budget for the new City of Fremantle, such that the incoming Commissioner/s can adopt the budget in a timely manner to allow the continued provision of services to the community.

CARRIED: 9/1 Mayor, Brad Pettitt MOVED an amendment to remove part 3 of the Committee's Recommendation as shown below: 3. In the event that it is not possible to achieve 2 above, then Council seek to have the election date deferred so as to allow a 6 ward system to be in place; SECONDED: Cr D Coggin LOST: 6/7 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr David Hume Cr Dave Coggin Cr Bill Massie

Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION


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The likely 5 to 6 month extension to the terms of commissioners to March or April 2016 at this time of major change in Fremantle is not a good outcome. An earlier October 2015 election with the commitment of candidates to reinstate wards for the next election is potentially a better outcome. COUNCIL DECISION

MOVED: Cr R Pemberton


2. Seek to have a 6 ward system implemented prior to the inaugural elections

of the new City of Fremantle, currently scheduled for October 2015; 3. In the event that it is not possible to achieve 2 above, then Council seek to

have the election date deferred so as to allow a 6 ward system to be in place;

4. Seek an urgent joint meeting with the Town of East Fremantle to seek

agreement on an appropriate ward structure for the new City of Fremantle; 5. Note that officers are seeking legal advice to ascertain whether it is possible

for a joint submission or proposal for wards to be lodged by the existing councils for the new City of Fremantle; and

6. Seek agreement from the Town of East Fremantle for an agreed structure to be adopted to allow the preparation of a budget for the new City of Fremantle, such that the incoming Commissioner/s can adopt the budget in a timely manner to allow the continued provision of services to the community.


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SECONDED: Cr R Fittock CARRIED: 12/1 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie


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Cr A Sullivan MOVED en bloc recommendations numbered LAC1411-1 and LAC1411-2. SECONDED: Cr R Fittock CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number LAC1411-1 was MOVED and carried en bloc. LIBRARY ADVISORY COMMITTEE 12 NOVEMBER 2014 LAC1411-1 LIBRARY AND INFORMATION SERVICE REPORT - JULY -

SEPTEMBER 2014 DataWorks Reference: 039/007 Disclosure of Interest: Nil Meeting Date: 12 November 2014 Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Julie Caddy, Manager Library and Information Service Decision Making Authority: Council Previous Item: Nil Agenda Attachments: Nil

EXECUTIVE SUMMARY

To provide information to the two Councils on the operation and performance of the Fremantle City Library during the previous quarter. This item reports on Library operations, issues and achievements for the quarter July - September 2014. STATISTICS (a) Membership - July - September 2014 Performance Indicators Members per capita:

Fremantle .26 East Fremantle .18

% of total Membership:

New Members 5.7% Expired Members N/A Statistics

Population City of Fremantle 29,471 Town of East Fremantle 7,595

Membership Fremantle (residents, workers, students)

7,855

East Fremantle


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(residents, workers, students)

1,407

Melville residents 942 Cockburn residents 1,467 Cottesloe residents 314 Kwinana residents 47 Rockingham residents 69 Other WA residents 915 Staff 25 Temporary members 426 Total 13,467

New members Expired members 773 0

(b) Library Access - July - September 2014 Performance Indicators Per hour open Per staff FTE Per library

member Circulation transactions 153 8,665 8 Visitors 74 3,220 4 Active borrowers 42 2,389 2 Reference enquiries 6 324 0.3 Local History enquiries 2 355 0.05 Fre-info enquiries 2 1,578 0.1 Internet use within library 23 1,325 1.2 % of loans Requests for items in stock

6%

Items borrowed from other libraries

1%

Overdue notices sent 2.4% Statistics

Library access Hours open 717.5 Visitors 53,446 Active borrowers 30,346 Staff (FTE) 16.6 In House Internet Use 5,601 Wifi Use 11,222

Circulation transactions

Loans and renewals 62,015 Returns 48,031


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Items on loan 13,781 Reservations 3,825 Requests sent to other libraries

994

Requests received from other libraries

1,460

(c) Access to Information and Resources - July - September 2014 Performance Indicators % of total stock

Total loans and renewals 130% Items on loan 29% New stock received 5.6% Statistics

User assistance Service desk reference enquiries

4,121

Fre-info enquiries 1,578 Local History enquiries 692 Online catalogue searches

17,058

Library web page hits 19,459

Use of Online Databases

Fre-info 16,620 Local History online photographs

10,546

Britannica Online 1,855 Health and Wellness 16 ANZ Reference Centre 171 Novelist 16 Popular Magazines 153 Ancestry.com 1,821 Carters Antiques 21 Freegal 588 Other East Fremantle Parking permits issued

22

New stock items received 2691


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COMMENT

Activities in the library for adults and children attracted strong attendances during the quarter. While many attendees are regular visitors to the library, there are always some who come for the first time, and it is hoped that those people will in turn become regular library customers. The library participated in some community projects to make people aware of the service and its availability to all. The stall at the Davis Park community day attracted interest from some families who had been unaware of the service. Promotion Guest speaker events attracted over 300 people, and featured author Robert Schofield discussing the writing of his book Marble Bar; the City’s Parks Coordinator, Michael Leers celebrating National Tree Day; former senator Bob Brown discussing his book Optimism; geophysicist and author of Chill Out, Brian Gaull on life in the Antarctic; and Lynne Leonhardt promoting her book Finding Jasper. Both book clubs experienced slight drops in numbers due to holidays for some members. The change in library opening hours will affect the evening book club, and alternatives are being considered with that group. A third club is planned for the new year due to the number of people on the waiting list. The Outdoor Reading Room facility in MANY continues to be well used, with reading materials regularly refreshed by the Collections Librarian. Promotional material for library events is placed with the service to encourage interest. The quarterly book sale of obsolete and duplicate items was well attended. Thanks go to the team of volunteers without whose assistance, the sales could not operate. The Propel Youth Arts’ Sketchbook Project was an opportunity for young people, aged 12-25 to create something completely unique and share it with the world. Participants were sent a blank sketchbook to fill with their artwork and writing, and the collected results were exhibited at the Kickstart Festival during Youth Week. Following the Festival, the exhibition toured public libraries across the State. Fremantle members enjoyed peeking into and turning the pages of the sketchbooks, and the response to young people’s artwork was encouraging. The library took part in Park(ing) Day Freo, with a popup library occupying a parking space near Kings Square for a day. Community groups and local businesses transformed car bays into fun temporary public spaces. Positive feedback was received about the library space and it was a great way to get involved in place making. A library promotion stall was held at Davis Park for a community engagement event during Child Protection Week. Seventy library badges were created by children, balloons taken and Fremantle library flyers handed out to parents. Children really enjoyed the event with many repeat visits to the library stand. Staff Some very positive customer feedback about library staff was received during the quarter, with one person commenting that the library has a ‘good staff, everyone is


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happy, smiling and welcoming of customers’ and the other that Fremantle has a ‘wonderful library service’. Staff are strongly committed to providing the best service to the community and receiving comments such as these recognises the effort they make for customers. A restructure of clerical staff resulted in changes to a number of work routines, most noticeably preschool story presentation. Thanks go to the Belmont Library and State Library of WA who generously provided training to assist people taking on this role for the first time. The library hosted Fremantle Arts Centre staff during the two week maintenance shutdown of that centre. This offered a valuable opportunity for a better understanding of each other’s workplaces for library and FAC staff. An internal training session focussed on use and download of ebooks, to ensure all staff are confident to assist the regular customer requests received in this area. The Assistant Librarian Local History attended a military and political history conference focussed on WWl. With the centenary of that war this year the conference provided valuable knowledge and awareness, and identified new resources to which customers can be referred for information. The Local History Librarian completed an online training course focussed on managing digital collections which provided very useful information and standards for all facets of digital management. Library staff were saddened when former oral history interviewer Margaret Macpherson, who had made a significant impact on collection of Fremantle’s history over many years, passed away. Soon after, long term History Centre volunteer, Margaret Rear also passed on. After some fourteen years of regular voluntary work, Margaret and her contribution to the library are sadly missed. Operations The 2014/15 budget included allowance for the library to open on Sunday afternoons, with weekday closing moving from 8pm to 6pm. This was in response to very low evening usage levels after 6pm, and regular customer requests for more weekend access. A staff working group was instrumental in developing new opening hours, offering one additional opening hour per week, and determining staff rosters to enable the change. From Wednesday 6 November, the library will open half an hour earlier at 9am and close at 6pm Monday to Thursday, 5pm on Friday and Saturday, then open from 12noon-4pm on Sundays. Librarians are trialling a new system for exchange of stock through State Library ahead of a statewide trial planned for 2015. This has resulted in better use of their time, and the impact on stock supply will be monitored throughout the trial. One of the self serve machines was out of order for some weeks, due to a significant problem that required technicians to make three site visits before the problem was fixed. An upgrade to the Library Management System software was completed successfully.


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History Centre Local photographer Roger Garwood donated a large collection of his photographs in various formats including negatives, prints and slides. The photographs relate mainly to water activities in Fremantle including ocean racing such as the America's Cup. A large collection of papers and photographs was received from Les Lauder, local businessman, former Fremantle City Councillor and long term member of the Fremantle Society. The papers include documentation relating to his time working on the committee of the Fremantle Society, as well as a large collection of black and white images of many heritage buildings taken in the 1970s which will add significantly to the photographic record of Fremantle’s buildings during this period. Librarians have been working with the Fremantle History Society to create an index for the society’s newsletters and Part 1 of the index was launched at the 2014 Fremantle Studies day. The Society was successful in winning a grant from the National Library’s Community Heritage Grants Program for a significance assessment of the Deckchair Theatre archives to enable a decision about where the records will be held, something that could affect the History Centre in the future. Over 770 images have been entered to the new software for public access to the photographic collection, and work has commenced towards the migration of over 5000 images from the original database. This project will significantly enhance search capabilities for researchers. One customer commented “I like the new database for its ease of use very much, can quickly view the initial search list by the little photos, and when you click on and zoom in all the information is there. Congratulations!”. Young People’s Services (YPS)

July school holiday activities involved two sessions of pirate fun, games and treasure map making adventures and were well attended. Children assisted NAIDOC week celebrations by using indigenous mapping symbols to paint their own boomerangs. The Four Lego building sessions encouraged children to work together, use their imagination and build on their construction skills, with Lego creations displayed for viewing throughout the next term.


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323 primary school students visited the library during Children’s Book Week from White Gum Valley, St Patrick’s, and East Fremantle Primary schools. Presentations by local illustrator Chris Nixon, and ‘The Amazing Mr. Jim and Drippy the Dragon’ were thoroughly enjoyed by all. Children really enjoyed and were inspired by being actively involved with Chris’ illustration lesson and competitive illustration games. One teacher fed back thanks for an ‘interesting and inspiring session’ that had children still enthused and talking after return to school. Junior students were excited and thrilled by Mr Jim’s amazing puppets and his naughty dragon Drippy. Outreach rhyme time visits were presented at East Fremantle Playgroup which were very well received, as many of the mothers had not been able to attend the library rhyme times and looked forward to participating. Hazel Orme Kindergarten students were presented with Better Beginnings packs to raise awareness of the importance of reading aloud at home to school aged children. The packs include a quality children’s book and information about library services. Fre-info July and August were particularly quiet this year as the number of queries from travelers and backpackers were down. In contrast the interest in the Winter School Holiday guide was enthusiastically received, with 1534 people reading it online or asking for copies at the Fre-info desk. Fre-info receives a number of queries about free holiday activities, of which there are very few with the exception of the library. Fre-info hosted the quarterly Family Services Network meeting. Around twenty five people attended from a number of agencies in the South West metropolitan area. It was a good opportunity to hear about particular services offered in the region and to promote the Fre-info service. The Community Information Librarian attended the South West Metro Partnership Forum (SWMPF) Social Planning subgroup meetings and was tasked with developing a draft community profile of the Davis Park area which will be used as a template by the three participating Local Governments to describe each suburb and “hot spots” in their council area. The profile includes demographics as well as details about school attendance, crime statistics, issues in the area and mapping of services operating within each area, much of which is available through the Fre-info databases. The expectation is that these profiles will be useful for the other SWMPF groups and used to provide information to residents about services in their area or to identify service gaps to aid applications for government funding. Fre-info queries which involved some detective work but were successfully answered:

• A particular lawyer in Fremantle, without a known name or approximate address? • Where are there natural springs in Fremantle and Melville? • A query about where is Keywest in Fremantle by a customer with little English.

After some discussion it was realised the customer meant Uniting Care West.


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Financial Nil Legal Nil Operational Nil Organisational Nil CONCLUSION

July to September was another busy quarter for the library, with many activities beyond the core service of loans and information. Staff received some positive feedback from customers and were able to assist a range of enquiries and requests. STRATEGIC AND POLICY IMPLICATIONS



Information only no decision required. The Committee requested a presentation about the new library plans at the next Library Advisory Committee meeting. The Committee requested a breakdown of the Cockburn members by suburb. OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr Andrew Sullivan That the information be received.


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The following item number LAC1411-2 was MOVED and carried en bloc. LAC1411-2 TOY LIBRARY QUARTERLY REPORT - JULY - SEPTEMBER 2014 DataWorks Reference: 023/013 Disclosure of Interest: Nil Meeting Date: 12 November 2014 Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Julie Caddy, Manager Library and Information Service Decision Making Authority: Council Agenda Attachments: Nil EXECUTIVE SUMMARY

A summary of the operation and performance of the Fremantle Toy Library for the quarter is provided. BACKGROUND

The Fremantle Toy Library is jointly funded by the City of Fremantle and Town of East Fremantle and a quarterly report is presented to the two Councils. COMMENT

Membership Fremantle

Residents East Fremantle Residents

Total

Individuals 305 43 348 Families 205 27 232 New Members Fremantle Residents

East Fremantle Residents

Total

46 11 57 Deleted Members East Fremantle Residents

Fremantle Residents

Total

16 18 34


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Visitors July 759 August 631 September 613

The Toy Library hosted a very successful storytime with a total of 32 children arriving dressed as their favourite book characters in celebration of Children’s Book Week. The children had a wonderful time making dinosaurs and contributed to an incredibly positive and energetic atmosphere in the centre. All costumes were on display during the week, with the majority of book themed costumes hired out early for school book week dress ups. Many costumes were newly created in anticipation of this annual event and were very successful. The quarterly utilisation report required as part of the grant funding, demonstrated that the majority of children visiting were aged between 0 and 2 years old. The bi-annual discarded toy sale was a great success with most toys selling very quickly. Few remained by the end of the morning, with the larger toys and puzzles clearly the favourites. The Fremantle Toy Library is very well assisted by volunteers who have been doing a wonderful job of helping out with tasks such as sewing new costumes, checking toys, putting new toys together. These people really enjoy helping out and thanks go out to them, as without those contributions the service would struggle to operate as efficiently as it does. The implications of Local Government reform on the Toy Library will be examined going forward. Membership is limited to residents of Fremantle or East Fremantle and approximately one third of stock is on loan at any given time, a library standard to ensure sufficient choice is available to members when visiting. Extended boundaries will create additional demand on the service and strategies to deal with that will be developed in the coming months.


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Financial Nil Legal Nil Operational Nl Organisational Nil CONCLUSION

The Fremantle Toy Library continues to be a well used and appreciated community service, providing not only resources for child development, but library materials to inform and entertain families. STRATEGIC AND POLICY IMPLICATIONS

Operations library and information. COMMUNITY ENGAGEMENT


Information only no decision required. OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr Andrew Sullivan Information only no decision required. SECONDED: Cr R Fittock


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CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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Cr D Hume MOVED en bloc recommendations numbered SGS1411-7, SGS1411-8,SGS1411-10, SGS1411-11, SGS1411-12, SGS1411-14, SGS1411-15, SGS1411-16, SGS1411-17, and SGS1411-18. STRATEGIC AND GENERAL SERVICES COMMITTEE 19 NOVEMBER 2014 The following item number SGS1411-7 was MOVED and carried en bloc. SGS1411-7 HARVEY BEACH RIVER WALL PROJECT AND GRANT DataWorks Reference: 091/016 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Lionel Nicholson, Manager City Works Decision Making Authority: Council Agenda Attachments: Nil EXECUTIVE SUMMARY

The Swan River Trust, through its 2014–15 Riverbank Funding Program, has recently offered the City grant funding of $78 125 to assist in the completion of the Harvey Beach river wall repair project works. It is intended that these works are undertaken this financial year. This project will restore approximately 50 metres of river wall at Harvey Beach, North Fremantle and prolong the life of the wall for an estimated 10 to 15 years. The works will include repair to the western end of the retaining wall where it appears to have collapsed, surface preparation and re-pointing of all joints, refacing heavily weathered blocks, removing the deteriorating old block stairs, backfilling the existing voids behind the wall and replacing the top concrete top course to raise the crest height by approximately 0.2 metres. Adding extra toe scour protection may also be undertaken and will be determined once the works commence allowing more detailed investigations to take place. The total cost of the Project works is estimated to be $171 125. To allow acceptance of the grant and to progress the works for completion this financial year, an extra $93 000 in municipal funding is required. As the grant funding has just recently been made available, the City’s component was not allocated in the 2014/15 budget. Whilst some budget savings in parks and other capital projects can be identified at this stage, the actual expenditures on a number of these project works cannot currently be determined accurately enough to allow for amendments to budgeted funds, however it is anticipated that the City’s funding component will be able to be identified through the mid year budget review process. It is therefore proposed to seek Council’s approval to accept the grant funding for the project and make the necessary adjustments to fund the municipal portion at the mid-year budget review.


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BACKGROUND

Harvey Beach is a popular river location for recreation due to its protection from summer sea breezes. The river wall is subject to erosive forces of a significant number of passing vessels and from tidal and storm surge due to its proximity to the harbour entrance. The City engaged coastal engineering specialists, MP Rogers and Associates to provide an assessment of the maintenance requirements of the Harvey Beach river wall and estimate costs based on similar repair projects. The assessment identified that the river wall in its current state does not effectively retain the river, prevent sediment from entering the river system and is at risk of giving way. It is recommended that repairs are undertaken now to avoid further significant degradation. Harvey Beach is inundated at high tide with the water level breaching the river wall and causing localised flooding. A section of river wall at the western tie in appears to have fallen off into the water, the concrete capping along its length has deteriorated and there is an old set of stairs that present a risk to public safety and should be removed. The sand on the beach can easily be washed through the river wall and enter the river system and the beach requires the addition of clean sand at least twice per year to ensure that the footings of the newly constructed shade shelters are not exposed presenting a hazard to users. To assist in funding the river wall repair works identified and based on estimated costs provided through the review by MP Rogers and Associates, City officers applied for grant funding available through the Swan River Trust 2014-15 Riverbank Funding Program. At the time of preparation of the 2014/15 budget, the need for municipal funding could not be confirmed. COMMENT

Project works The major maintenance works recommended will extend the life of the river wall a further 10 to 15 years, before further major maintenance works would be required. The works involve repairing the damaged section at the western end, re-pointing the joints in the wall, refacing heavily eroded blocks, repairing any identified sinkholes and reinforcing with geo-fabric, removing the old set of block stairs, replacing the concrete capping with a limestone block course consistent with the river wall construction, thereby increasing the river wall height by approximately 0.2 meters and potentially adding additional toe scour protection. The requirement for toe scour protection will be able to be determined once the works commence allowing more detailed investigations to take place. The project requires a qualified contractor with specific skills and experience in this type of river wall work and will be sourced via tender. A consultant will be engaged to provide specific marine engineering expertise for the implementation of the project. The timing for construction is fairly critical and ideally should be undertaken when tidal conditions allow, the optimum times being the summer months. Without the allocation of funds by council to this project, the Riverbank grant offer will not be available. These repairs to the river wall will complete the works the City has undertaken at Harvey Beach, complementing the shade shelters and revegetation, as well as reduce the risk of


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erosion on the landscape and increase public safety. This project addresses issues raised in the North Fremantle Foreshore Management Plan 2013 which was adopted by Council in March 2014. Project funding The $78 125 in grant funds offered for actual construction works need to be matched by an equal contribution from the City. In addition an allowance of around $15 000 for consulting and other costs (which are separate to the project costs and cannot be jointly funded through the grant money), is required, therefore an extra $93 000 in municipal funding is required. A review of the capital budget indicates that minor adjustments in the parks’ and other project budgets can be made through identified cost savings in current project works, however at this stage, a number of final project costs cannot be determined with sufficient accuracy to allow for definite budget amendments to be made. To extend the life of the river wall and to take advantage of the current external funding offered, Council’s approval is sought to proceed with the project, with the City’s municipal funding to be determined through the mid year budget review. RISK AND OTHER IMPLICATIONS

Financial The $78 125 in grant funds offered for actual construction works need to be matched by an equal contribution from the City. In addition, an allowance of approximately $15 000 for consulting and other costs is required. The budget will increase by a total of $171 125 with a municipal funding component of $93 000. The municipal funding sources will be identified at mid-year budget review. Legal The City will have to comply with the grant conditions. Operational The City will arrange for the works to be undertaken in consultation with the Swan River trust. Organisational This project has been identified in the North Fremantle Foreshore Management Plan 2013 which was adopted by Council in March 2014. CONCLUSION

Harvey Beach is a popular swimming and picnic spot, especially for local residents. The proposed river wall repair works will complete the maintenance and improvement works to the area. It is intended that these works are undertaken this financial year. These repairs to the river wall will complete the works the City has undertaken at Harvey Beach, complementing the shade shelters and revegetation, as well as reduce the risk of erosion on the landscape and increase public safety. This project addresses issues


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raised in the North Fremantle Foreshore Management Plan 2013 which was adopted by Council in March 2014. Council approval is sought to allow the project to go ahead, using part external funding; noting that additional municipal funding sources will be required at the mid- year budget review. Without the allocation of funds by Council to this project, the Riverbank grant offer will not be available. STRATEGIC AND POLICY IMPLICATIONS


This project was identified in the draft North Fremantle Foreshore Management Plan which was subject to community consultation. VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr D Hume That Council;

1. Accepts the $78 125 offered by the Swan River Trust through the 2014–15 Riverbank Funding Program for the Harvey Beach river wall project.

2. Allocates the required municipal funding of $93 000 for the City’s component of the Harvey Beach river wall project from other identified project savings in the 2014/15 mid-year budget review.

SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number SGS1411-8 was MOVED and carried en bloc. SGS1411-8 SOUTHERN METROPOLITAN REGIONAL COUNCIL RECYCLE

RIGHT PLAN 2014 - 2017 DataWorks Reference: 171/003, 038/012 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Melanie Bainbridge, Sustainability (Strategic) Officer Decision Making Authority: Council Agenda Attachments: Recycle Right Draft Plan 2014 - 2017 EXECUTIVE SUMMARY

The Southern Metropolitan Regional Council (SMRC) has prepared the Recycle Right Plan 2014 – 2017 as shown in Attachment 1. At its meeting on 26 June 2014 the SMRC considered the Recycle Right Plan 2014 -2017 and resolved that it be adopted and distributed to each of the member Councils with a request that the plan and associated brand be used to drive waste education across the region. BACKGROUND

The Recycle Right Plan 2014 – 2017 forms the basis of the SMRC's waste education planning on behalf of its member Councils going forward. It has been developed around a range of resident surveys, focus groups and community consultation and waste educator workshops. It provides the scope for the communications, education programs and marketing that the SMRC intends to undertake on behalf of, and in partnership with member Councils over the next four years. As a member Council of the SMRC, the City of Fremantle has provided support to the SMRC in the development of this plan and has therefore been engaged and involved in its development. City’s officers involved in waste and sustainability have participated in the consultation and the plan is therefore inclusive of the needs and views of the City with respect to the support that the SMRC can provide to the City on a cohesive waste education plan which meets the diverse needs of all of the member Councils involved. The fact that the member Councils covered by this plan all have slightly different waste management processes and needs does make developing a cohesive and all-encompassing plan difficult, but full consultation across the member Councils and key stakeholders has been integral into its development. The plan will support local governments to deliver a service to residents that is based strongly on solid research and data collection and send a consistent message around recycling in order to achieve incrementally higher recycling rates across the region year on year. COMMENT The Recycle Right Plan 2014 - 2017 has been prepared by the staff and consultants of the SMRC with input from both SMRC Regional Councillors and members of the Regional


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Executive Group and waste educators reference groups. The Plan was unanimously adopted on 26 June 2014 by the SMRC for implementation.

PURPOSE: COLLABORATION TO MAINTAIN AND IMPROVE WASTE MANAGEMENT ACROSS THE COMMUNITIES IN THE SOUTH METRO REGION

The Plan has a number of outcomes / targets outlined which align with the City’s waste education practices and will support the development of our own waste strategy / policy in the near future. They are:

1. Informing the Recycle Right Strategy with a strong evidence base 2. Delivering a consistent recycling message 3. Provide options for non-green and yellow bin materials 4. Maximise effectiveness through collaboration and partnership 5. Monitoring effectiveness through collaboration and partnership

The actions outlined against these targets will assist member Councils to achieve their own waste reduction targets across a range of waste streams and sectors including residential and business waste, bulk verge collection, hazardous waste disposal, e-waste and construction waste and resource recovery generally. The City needs to continue to make significant inroads into reducing the amount of waste being disposed of to landfill. The proposed increase to landfill levy rates (from $28 per tonne to $55 per tonne on 1 January 2015) will impose a significant additional cost to the management of waste services to the community. These waste levy costs are predicted to continue to increase to $75 per tonne in 2018. Achieving waste behavioural changes through education and targeted marketing is critical to redirecting waste to processing and recovery and away from landfill disposal.


Financial The adoption of the Recycle Right Plan 2014 - 2017 has no direct financial implications; however some aspects of the implementation process, where marketing materials are required to be produced, will be a cost to the City. These will be resourced from the operational budgets of relevant Business Units. Legal Nil Operational Sustainability (Strategic and Technical), Waste Management, Asset Management and Infrastructure will have input into the delivery of waste education projects under the Recycle Right Plan 2014 - 2017. Organisational The City is a member of the Southern Metropolitan Regional Council.


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CONCLUSION

The Recycle Right Plan 2014 - 2017 is a well considered and fully consulted plan to increase recycling rates via marketing, consistent messaging and regional projects delivery. From this perspective, it will support the waste management processes of the City and deliver a positive community message around environmental and economic sustainability. STRATEGIC AND POLICY IMPLICATIONS

The Plan is consistent with the waste targets set in the One Planet Fremantle Strategy, and will assist the City to achieve those targets through regional project delivery. COMMUNITY ENGAGEMENT

The SMRC did engage the community, focus groups and member Councils in the development of this plan. Outcomes of this engagement were embedded in its development. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr D Hume That Council supports the Southern Metropolitan Regional Council’s Recycle Right Plan 2014 – 2017 and integrates it into the promotion and marketing of the City’s waste services to achieve consistent regional waste messaging where practicable. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number SGS1411-10 was MOVED and carried en bloc. SGS1411-10 AMENDMENT OF PARKING LOCAL LAW FOR DISABILITY

PARKING DataWorks Reference: 122/003, 035/001 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Cameron Bartkowski, Manager Community Safety and

Parking Decision Making Authority: Council Agenda Attachments: City of Fremantle Parking Amendment Local Law 2014

Local Government (Parking for People with Disabilities) Regulations 2014

EXECUTIVE SUMMARY

This item proposes an amendment of the City of Fremantle Parking Local Law 2006 so that it is consistent with a new state regulation. The new regulation, namely, Local Government (Parking for People with Disabilities) Regulations 2014, is intended to become operative on and from 1 December 2014. The new regulations will replace the current Local Government (Parking for Disabled Persons) Regulations 1988. The new regulations redefine the offence in accordance with the national initiative to standardise parking provisions for people with disabilities. The regulations will also prescribe higher penalties. The current modified penalty of $120 on issue of an infringement notice will increase to $300. Enforcement of the state regulation has been achieved by mirroring the relevant provisions within our parking local law. The new regulation necessitates an amendment of the parking local law to maintain the effectiveness of that enforcement. BACKGROUND

Currently, the enforcement of vehicle parking for people with disabilities is effected through the City of Fremantle Parking Local Law 2006, by mirroring the provisions of the current State regulation. As a consequence of consultation at a national level, the state regulation is to be replaced with a new regulation on and from 1 December 2014. Consequently, there is a requirement to amend the parking local law to remain consistent with the new state regulation, operational on or after that date. Circular 28-2014 issued on 19 September 2014 by Director General, Department of Local Government and Communities, advises of this need. COMMENT

The amendments are necessary to maintain effectiveness of enforcement of the law relating to vehicle parking for people with disabilities. Mirroring of state regulations


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relating to vehicle parking, where necessary, has been an expedient method of administering the enforcement process, in line with other parking offences described in the parking local law. RISK AND OTHER IMPLICATIONS

Financial The increase in the modified penalty may see a modest increase in revenue from offences of the kind encompassed by the new regulation. Legal The increase in the modified penalty may see a modest increase in revenue from offences of the kind encompassed by the new regulation. The following action needs to be implemented in order to do so: • Notice of the Summary of purpose and effect of Local Law to be provided to the Council

meeting. • Local Government gives Statewide notice of proposed Local Law. • Local Government gives Local Law and notice to Minister(s). • Local Government receives and considers public submissions. • If significant amendments are necessary, the procedure must be recommenced. • Local Government makes Local Law. • Local Government prepares Explanatory Memorandum for Parliamentary Committee. • Local Government publishes Local Law in Gazette and gives a copy of

Local Law to Minister(s). • Local Government gives State wide notice of Local Law and publicises

Local Law in district. • Parliamentary Counsel tables Local Law in both Houses of Parliament

within 6 signing days of Gazettal. • Local Government sends a copy of Local Law and Explanatory Memorandum to the

Joint Standing Committee on Delegated Legislation. Purpose and effect of the proposed amendments: The purpose of the proposed amendments to the City of Fremantle Parking Local Law 2006 are to provide for the orderly parking of vehicles by the amendment of relevant provisions of the local law to remain consistent with state regulations. The effect of the proposed amendments will be to maintain an effective method of enforcement relating to vehicle parking for people with disabilities. Operational The software and relevant documents which facilitate the issue, administration, and enforcement of parking infringement notices will need to be updated with the amendments once the amendment process has been completed. Organisational


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No policy or procedure will need to be changed as a result of these proposed amendments. CONCLUSION

The proposed amendments are recommended. STRATEGIC AND POLICY IMPLICATIONS

The proposed amendments are necessary to maintain operational effectiveness in line with legislative requirements and community expectations. COMMUNITY ENGAGEMENT

The state regulation is the product of extensive consultation on a national level. VOTING AND OTHER SPECIAL REQUIREMENTS



1. Provides notice to the Minister for Local Government and Communities of the intention to amend the City of Fremantle Parking Local Law 2006; and

2. Advertises its intent to amend the City of Fremantle Parking Local Law 2006

as shown in Attachment 1. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number SGS1411-11was MOVED and carried en bloc. SGS1411-11 MONTHLY FINANCIAL REPORT - OCTOBER 2014 DataWorks Reference: 087/002 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: SGS1410-5 of 22 October 2014 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance and Administration Decision Making Authority: Council Agenda Attachments: Statement of Financial Activity by Nature to 31 October

2014 Statement of Financial Position as at 31 October 2014 Determination of Closing Funds (Net Current Assets) as at 31 October 2014 Schedule of Accounts Paid October 2014 Investment Report to 31 October 2014 Debtors Outstanding as at 31 October 2014 Payment Report (EFT & Cheque) for October 2014 Part 1 and Part 2 (viewed electronically) Payment Report (Purchase Cards) for September 2014 (viewed electronically) Payment Report (Purchase cards) for October 2014 (viewed electronically)

EXECUTIVE SUMMARY

The City adopted its annual budget for 2014/2015 on 2 July 2014 with an estimated municipal surplus brought forward from 30 June 2014 of $1 969 947 and estimated municipal surplus at 30 June 2015 of $100 000. This report highlights any issues that may impact on the financial position to 30 June 2015 and the opening funds for the 2014/2015 Budget. BACKGROUND

The 2014/15 budget was adopted on 2 July 2014 with an estimated municipal surplus brought forward from 30 June 2014 of $1 969 947 and estimated municipal surplus at 30 June 2015 of $100 000. At its meeting on 23 July 2013 (Item SGS1407-11 refers), Council adopted nature and type as the preferred reporting format with 2.5% and a threshold of $300 000 as the level for explanation of variances. Since adoption of the budget any budgetary decisions of Council have not varied the adopted $100 000 closing municipal surplus.


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COMMENT

In finalising the 2014/15 budget, it was estimated that we would have a closing municipal surplus at 30 June 2014 of $1 969 947 which in turn became the opening municipal surplus in the 2014/15 budget. The external auditors are currently reviewing the draft financial statements to 30 June 2014 that reports a surplus of $1 856 988. Organisational Comment The State Administrative Tribunal (SAT) has made orders to quash the differential rates imposed by the City on undeveloped properties in the 2012-13, 2013-14 and 2014-15 financial years. The total estimated cost impact of the SAT decision over the three years is $86 247. Rates As already mentioned, the decision of SAT will result in refunds being made to a limited number of properties. Rates are currently slightly ahead of their year to date budget therefore it is hoped to contain the refunds within the existing budget. Fees and Charges.

• Parking revenue is $173 000 under YTD budget of $3 990 000 and parking infringement revenue is $101 000 under its YTD budget of $823 000. The total value of the variation is not decreasing and if that does not change prior to the end of December 2014 then a budget variation will be required at budget review. Further, from 1 November 2014, the loss of the Fremantle Ports parking contract for car park number 42 is estimated to cost the budget a net $350 000 (reduced revenue of $750 000 and reduced expenditure of $400 000).

• Commercial waste revenue is $102 000 under year to date budget as a result of later than anticipated issue of October 2014 invoices.

Employee Costs • The existing City of Fremantle Officers Agreement concluded at 30 June 2014 and

a new agreement has been lodged with Fair Work Australia. Once the agreement has been ratified by Fair Work Australia, the new rates and back pay will be processed. This is currently saving approximately $300 000 when comparing YTD budget to actual.

• Workers compensation insurance is showing under expenditure of approximately $300 000 as the second and final instalment that was due by the end of October 2014 had not been expensed by month end.

• There are savings in some business units from unfilled positions.

Materials and Contracts • On a year to date budget of $7 270 102, we are under budget by $424 000 which

primarily relates to budget phasing. The business units with the largest under expenditure are Marketing and Economic Development ($187 000), Information Technology ($143 000) and Director Community Development ($135 000). In Technical Services, the three operational business units with a year to date budget of $2 728 000 are reporting over budget expenditure of $210 000 which if not offset by cost savings from outside staff employee costs will require monitoring.

Capital Program


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Excluding the $7 800 000 for the acquisition of 2 Jones Street O'Connor and with 33% of the financial year elapsed capital expenditure YTD of $3 124 000 represents 18% against the annual revised budget. Based on the YTD budget, the expenditure is half what was anticipated. The capital works quarterly information to 30 September 2014 that was tabled at the 22 October 2014 Ordinary Council Meeting (Item C1410-4) indicates far more advanced progress on the works program than the attached financial reports. Proceeds from disposal of assets The net proceeds from the sale of Pakenham Street was $333 600 less than budgeted due to reduction in sale price of $90 000 as per Council resolution C1410-1 of 8 October 2014 and GST payable of $243 600. From a budget perspective, as the proceeds are transferred to the Investment Reserve, there will be a contra saving on that item. Transfers to reserves As noted in proceeds from disposal of assets, a reduction in budgeted proceeds from the sale of Pakenham Street has reduced the transfer to the Investment Reserve. Profit or loss on disposal of assets The budgeted profit on sale of Pakenham Street was $400 000 but an actual loss of $133 000 resulted due to reduced sale proceeds as noted above under proceeds from disposal of assets and a $200 000 increase in the fair valuation of the property at 30 June 2014 which was not received until after the budget was adopted. Note: The profit or loss on sale of assets figures are non cash. With cash investments, action continues to implement the revised policy SG41 to limit investments in financial institutions which provide direct or indirect support of fossil fuel companies. During the month, funds were placed for the first time with Rural Bank Limited who are a wholly owned subsidiary of Bendigo and Adelaide Bank Ltd. Since the policy was amended, funds on deposit have increased by $3 000 000 and the percentage of investments with financial institutions registered as not supporting unlocking of carbon activities (http://www.marketforces.org.au/banks/map) has increased from 36% to 37%. Though not large in percentage terms with the interrelationship between maximizing returns and working within the City's portfolio and counterparty credit frameworks, it will be a gradual process to increase the percentage of investments with financial institutions who do not support the unlocking of carbon activities. Due to City officers not finalising the detail for September 2014 purchase card transactions before the October 2014 Ordinary Council Meeting agenda closed the Payment Report (Purchase Cards) for September 2014 is tabled at this meeting. RISK AND OTHER IMPLICATIONS

Financial This report is provided to enable Council to keep track of how the allocation of costs and receipt of revenues is tracking against the budget. It is also provided to identify any issues against budget which Council should be informed of.

http://www.marketforces.org.au/banks/map�


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Legal Local Government (Financial Management) Regulation 34 requires a monthly financial activity statement along with explanation of any material variances to be prepared and presented to an ordinary meeting of council. Under section 6.10 of the Local Government Act 1995 and Local Government (Financial Management) Regulation 12(1); (a) council has delegated authority to the CEO under item 3.2, Accounts for Payment - Authorisation Of, to make payments from the municipal fund and trust fund. The lists of accounts paid are presented in accordance with Local Government (Financial Management) Regulations 13(1) and (3). Operational This report is provided to Council to keep track of the operational issues affecting the implementation of projects and activities provided for under the 2014/15 adopted budget by reporting actual revenue and expenditure against budget. Organisational No direct impact but results year to date may highlight matters that have arisen or may need to be addressed in the future. CONCLUSION

The financial statements as attached for further review of payments made during October 2014 and cash deposits at the end of October 2014. Also attached is the year to date statement of financial activity and statement of financial position for information. The financial statements for the 12 months to 30 June 2014 are currently unaudited but it is not anticipated the balances brought forward from 30 June 2014 and recorded in the attached reports will change prior to audit sign off. STRATEGIC AND POLICY IMPLICATIONS





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COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr D Hume

1. The City of Fremantle Financial Report including the Statement of Financial Activity, Statement of Financial Position and Statement of Closing position for the period ended 31 October 2014 is received.

2. Council receives the payments authorised under delegated authority and

detailed in the list of invoices for September 2014 and October 2014, presented as per the summaries set out in the attached schedules and include creditors that have been paid in accordance with the Local Government (Financial Management) Regulations 1996.



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The following item number SGS1411-12 was MOVED and carried en bloc. SGS1411-12 RENEWABLE ENERGY RESERVE REQUESTS 2014 DataWorks Reference: 030/007 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Paul Garbett, Acting Director Planning and Development

Services Actioning Officer: Melanie Bainbridge, Sustainability (Strategic) Officer Decision Making Authority: Council Agenda Attachments: Nil EXECUTIVE SUMMARY

The City of Fremantle has worked internally over the past year to develop an integrated One Planet Council Strategy and Action Plan to support sustainability outcomes both at local government and community level. This plan encompasses our zero carbon and waste targets, and as such will supersede the Low Carbon City Plan which is due to be finalised in June 2015 and will incorporate any outstanding action items. In applying this framework the City of Fremantle can increase resource efficiency, and reduce its impact on the planet substantially – working towards its One Planet targets. As the City achieved One Planet certification at International Best Practice standard, implementing these projects will only enhance our sustainability credentials, and assist us to achieve International One Planet certification. Some of the larger projects coming out of the Sustainability (Strategic) area will need additional funding to ensure that they reach their potential and deliver the outcomes expected to achieve these targets. It is our opinion that the funding of these high profile, and high value sustainability projects will allow us to achieve several significant milestones over the next year, in data collection and monitoring, in behaviour change and in emissions reduction – and also enhance the profile of our work significantly in the community. It is recommended Council allocate $114 000 of the Renewable Energy Reserve to the projects outlined below. BACKGROUND

The One Planet Council framework addresses all major aspects of environmental, social and economic sustainability and allows councils to set out a clear vision and shared goals for sustainability strategy, policy and operations. In keeping with the principles of the One Planet Council Framework, a range of projects are planned for the City, and the community, to reduce their overall impact and improve sustainability.


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The principles work towards the following, and are scalable from a local government to a community-wide scale: health and happiness, equity and local economy, culture and heritage, land use and wildlife, sustainable water, local and sustainable food, sustainable materials, sustainable transport, zero waste and zero carbon. Three specific strategic projects have been under development / trial over the past year, and require an input of funds to complete / support. Three (3) in particular are required to complete our obligation to the Low Carbon City Plan, which is due to be finalised prior to the end of the financial year. All projects take us beyond our current focus on energy and carbon emissions and assess and address gaps across the sustainability spectrum. They allow for community engagement across the One Planet principles and encourage learning and development for community members in sustainability concepts and principles. COMMENT

Below are the suite of projects that the Sustainability (Strategic) role requests funding for from the Sustainability Reserve for 2014/15.

1. CRC for Low Carbon Living – Curtin – High Performance Housing project The City of Fremantle is a signatory to the Cooperative Research Centre for Low Carbon Living. While we are not a contributing financial partner, we are required under the terms of the contractual arrangements to participate and contribute to a number of projects each year to fulfil our membership obligations. Currently we contribute to 4 separate research / application outcomes via the CRC. One of the projects that we have committed to under the CRC is the Josh’s House comparative research project, which will investigate the performance of ten houses, across the City of Fremantle, who meet 5* plus standards to determine whether they are operating at their optimal level, or whether additional behaviour change processes are required to enable this. The City would like to contribute to this project by providing the project with the data management and monitoring system for each of the houses (plus some additional in-kind research and marketing). This is a three (3) year project with valuable research outcomes for the City with respect to how it determines planning and development goals. There is a possibility that, at the end of the project, these monitoring systems could be returned to the City for use in our own buildings and facilities, which would be of particular value if and when the reform process identifies additional assets. This project links strongly with the requirement in the Low Carbon City Plan to both deliver demonstration housing projects for energy efficiency, and also to deliver community awareness programs in this area. The project will also work with Living Smart, with whom we have a memorandum of understanding, to deliver part of this project. Total = $14 000

2. EV Highway – Gateway – DC Fast Charger Installation


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Installation of a DC fast charger (30 minute) for electric vehicles in a prominent and visible location in the City. The City has the opportunity to be part of the ‘electric vehicle highway’ and we have been working with local governments across the South West, with the Australian Electric Vehicle Association and a range of stakeholders to develop a full network and seek funding for the installation of a network of DC fast chargers spanning the distance between Perth and Margaret River. In order to take advantage of this very high profile media and sustainability opportunity, the City will undertake to part-fund the installation of the charger, and manage and monitor the computer based system monitoring the sites. It will also undertake to, in concert with RAC, develop signage for the DC fast charger site and co-develop an EV rally event to launch the highway. This project links strongly with the requirement in the Low Carbon City Plan and One Planet Strategy to consider sustainable transport options and support the development of new transport modes and models. Total - $20,000

3. Energy Efficiency Techs for buildings and facilities Completion of the Greensense View software installations at all building and facilities, to enable real-time energy monitoring and measurement equipment (data loggers / meters and VDUs for the Fremantle Leisure Centre, Administration Building, Fremantle Arts Centre) and transition to using the Greensense / WALGA platform to integrate and report against carbon neutrality outcomes. This project is directly linked to outcomes from the Low Carbon City Plan to measure and monitor energy, report and reduce, while enabling the inclusion of this data into integrated sustainability reporting on the carbon neutrality status and other sustainability outcomes of the Council on an annual basis. Total = $10 000

4. Organic Waste System – Waste Not Expansion By end of May 2014, the trial of the organic waste system at the City Offices, Arts Centre and Cafe and Moore’s Building and Café was completed. The intention of the City in embarking on this project was to divert waste from landfill (as per the LCCP targets) from all City buildings and facilities over the next four (4) years. The trial has demonstrated that there is significant value in source separation of waste within City buildings and facilities in the volume of organic waste diverted from landfill as both gate fees / collection and transport fees and as emissions reduction / offset value. This project – to reach ultimate success, needs to be rolled-out and expanded across City facilities. It needs to be allocated an ongoing operational budget which will expand as the system expands. This has not been allocated for 2014/15 financial year and therefore in order to retain the program and to continue its success, it needs to be funded via an alternative revenue stream until 2015/16, when it can be absorbed into the waste / works budget on an ongoing basis.


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This project should sit within the City Works / waste management operational budget, and in time will significantly reduce the need for waste collection from City buildings and facilities, reducing costs accordingly (i.e. savings on landfill fees). It will also reduce our carbon offsets costs through negating our waste emissions entirely. To this point, the invoices for organic waste collection have been allocated to the Sustainability (Planning, Projects and Policy) budget, but on an ongoing, operational level this is not feasible. This project requires a recurring budget, which also takes account of expansion needs across City buildings and assets. In order to achieve our target for diversion of organic waste from landfill and to continue to support this program, it is recommended that this budget allocation is made from the Reserve for this financial year and that next financial year it is absorbed into the waste / works budget. This has been discussed with the Infrastructure / Works teams. This projects links strongly with the requirement in the Low Carbon City Plan to divert waste to landfill and work towards becoming a zero waste Council. Total 2014/15 financial year - $40 000 (inclusive of collection fees, project expansion and marketing, allocation of space to the project and any connection costs).

5. Cycle Freo Project The CycleFreo initiative is a project designed to showcase the outcomes of the Fremantle Bike Plan and actively engage new and existing bicycle users. CycleFreo is the winning entry into the Happiness Project exhibition, jointly run by Edith Cowan University and City of Fremantle in August 2014. It is a design led way-finding project which harnesses a variety of different mediums to fully communicate the development of the new ‘cycle friendly’ Fremantle and will help bicycle users to get around Fremantle safely, and with maximum connection to, and enjoyment of the experience. In 2013 the city released its Local Bicycle Plan 2014-18, the central idea of which is to make Fremantle a cycle-friendly city. Cycling cities are considered both liveable and sustainable. The major target of the ‘Bike Plan’ is to increase number of people using bicycles as their preferred mode of transport to and from work or study, along with increasing the number of people cycling for local trips. The plan identifies three key components to executing this change. The first being bicycle access for everyone, followed by developing well-connected, safe and secure cycling infrastructure. Finally, education and promotion programs that foster cycling as a viable transport alternative. This project targets enabling behaviour change in bike users, encouraging engagement with new and existing cycle ways, and enabling safe riding around the City through a variety of way-finding and communications techniques. The infrastructure team, through the Bike Plan Working Group, have agreed to co-sponsor this project, with the support of its designer, Natalie Sullivan – a Master of


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Design student at Edith Cowan University. This project may be rolled-out over a number of financial years in keeping with the existing bicycle infrastructure expansion programs. While this project is likely to need a significant budget behind it to fulfil, and the team will be applying for grants through the RAC and Lotterywest for its full budget, we would like Council to consider an initial seed-funding allocation at this time, with an option to increase this allocation in future years should the need arise. Total - $30 000 RISK AND OTHER IMPLICATIONS

Financial If it is determined that the Renewable Energy Reserve can legitimately be used to deliver these major projects across this financial year, the total financial implication of the five high profile projects is $114 000. Legal Nil Operational In the main the Sustainability Officer (Strategic) will manage these five projects, although some may require contributions from other staff / teams on an ad-hoc basis. Organisational Nil CONCLUSION

The application of the One Planet Councils strategy will create a more streamlined and verifiable process for sustainability actions at the City and enable a holistic programme of sustainability initiatives which goes beyond addressing climate change as a single issue, and make inroads into consumption patterns and community engagement. These projects reflect that ethic, and work towards achieving our articulated targets as per the strategy. STRATEGIC AND POLICY IMPLICATIONS

These projects are in line with the One Planet Fremantle Strategy, and may require some policy investigation (particularly in the area of waste strategy and energy planning) for the City. Both of these items are currently being discussed with relevant teams. COMMUNITY ENGAGEMENT

A number of these projects, in particular the Community Cafe Series and the CRC research project will require both an internal and external community engagement process, which may require some external facilitation. This will be developed in consultation with the Community Engagement and Marketing Teams.


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VOTING AND OTHER SPECIAL REQUIREMENTS


MOVED: Cr D Hume That Council approve the allocation of $114 000 from the Renewable Energy Reserve to the Planning Projects and Policy budget, under the heading of Sustainability to service the delivery of the aforementioned strategic projects. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number SGS1411-14 was MOVED and carried en bloc. SGS1411-14 ADOPTION OF THE COUNCIL AND COMMITTEE MEETING

SCHEDULE FOR THE PERIOD JANUARY 2015 - OCTOBER 2015 DataWorks Reference: 096/009 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Graeme Mackenzie, Chief Executive Officer Actioning Officer: Graeme Mackenzie, Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Meeting Schedule EXECUTIVE SUMMARY

This item seeks Council's approval to adopt the meeting schedule for the standing committees and Ordinary Meeting of Council for the period of January 2015 to October 2015. BACKGROUND

Each year, Council is requested to approve the meeting dates prior to being advertised in accordance with the Local Government Act 1995. Meeting dates proposed are in accordance with current schedules. COMMENT

The new schedule provides a monthly cycle of meeting dates. Planning Services Committee meetings are to be held on the first Wednesday of each month. Special Projects Committee meetings are to be held on the second Wednesday of each month. Strategic and General Services Committee meetings are to be held every third Wednesday of each month. The Ordinary Meeting of Council is to be held on the fourth Wednesday of each month. Provision is made for commissioner/s from July 2015 with the allocation of the Ordinary Meetings of Council for that interim period until the October election. Library Advisory Committee meetings are to be held on a Wednesday evening, every quarter, prior to the Special Projects Committee meeting. All committee and council meetings will be held in the Council Chamber at the Town Hall Centre, 8 William Street Fremantle at 6.00 pm.


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Financial Nil Legal Section 5.25 (g) of the Local Government Act 1995 and Regulation 12 of the Local Government (Administration) Regulations 199 require that local public notice of meeting dates are to be advertised in advance. Operational The meeting schedule is to be set in advance for operational planning purposes. Organisational Nil CONCLUSION

As per comment. STRATEGIC AND POLICY IMPLICATIONS





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MOVED: Cr D Hume That Council adopts the meeting schedule as shown on Attachment 1 of the Strategic and General Services Committee agenda 19 November 2014, for the period of January 2015 to October 2015, to be held in the City of Fremantle Council Chambers at the Town Hall Centre, 8 William Street Fremantle. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number SGS1411-15 was MOVED and carried en bloc. SGS1411-15 REQUEST TO IMPLEMENT A PROCESS FOR FORMAL

NOTIFICATION OF STRATEGIC AND GENERAL SERVICES COMMITTEE AND COUNCIL ITEMS

DataWorks Reference: 030/018 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Tanya Toon-Poynton, Governance Coordinator Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY

The City has received a request to consider implementing a formal process to individually notify affected residents and ratepayers and community groups of agenda items that are to be considered at the Strategic and General Services Committee and Council meetings. BACKGROUND

The City received a request from the Fremantle Residents and Ratepayers Association for a motion to Council requesting that in certain instances the City individually notify residents of items being considered at the Strategic and General Services Committee or Council meetings. All council and standing committee meetings of the City of Fremantle are open to members of the public, regardless of whether the committee has delegated decision making authority. Members of the community are able to ask questions and make statements at all standing committees and meetings of council. The City endeavours to publish an agenda for each of its meetings by 5.00 pm on the Friday before the meeting, which are held on Wednesdays at 6.00 pm. COMMENT

The Strategic and General Services (SGS) Committee makes recommendations and decisions on a broad range of strategic and policy items. Often, the type of item considered by the SGS committee are items that affect the whole of the Fremantle community and are not subject to specifically identifiable community areas as they are decisions the Council makes for the good governance of the district. The special projects committee has been implemented to discuss and provide recommendations to Council on strategic and high level projects in progress. Most items that are discussed by the committee are then subject to a consultation period, before a decision is made.


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Occasionally items are considered by these committees that do affect certain residents and ratepayers, properties or groups within the community. The committee or council will resolve to put these items out for a community consultation period and the public are invited to submit their comments. Comments are summarised in a final report with a recommendation which is presented to the committee and/or council, who make a decision based on the all the information provided. Items can be presented to a committee and council as the result of a petition or request from a resident or ratepayer, or community group and the affected person or persons are often verbally informed that the item is to be presented at a meeting. There are occasions where people submit a written comment on an issue that has been put out for community consultation. Written submissions should include the submitters contact details. These submitters could be advised when the item is to be discussed at a committee or council meeting, and of the decision made at that meeting. The City will need to further investigate the practicability of identifying affected residents and ratepayers, and then individually notifying them for items that do not result from a community consultation period. There is currently a policy in place to ensure certain residents and ratepayers are notified of items being considered by the Planning Services Committee, including those escalated to the Council meeting. RISK AND OTHER IMPLICATIONS

Financial Nil Legal To be considered. Operational Officers will assess the feasibility of a draft policy for future consideration. Organisational Nil CONCLUSION

While the City needs to conduct further investigation into the circumstances when notification is warranted, it is considered a policy may provide a clear and consistent approach for notification. Clear criteria will need to be developed to determine when notification is warranted, the acceptable timeframes and form of notification.


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Aligns with the City of Fremantle strategic imperative Capability, and the outcome ‘Clear understanding of how and when to engage with stakeholders and the community.’ COMMUNITY ENGAGEMENT


Simple Majority Required OFFICER'S RECOMMENDATION

MOVED: Cr David Hume The Council:

1. Request officers investigate the feasibility of formally notifying individuals or groups of items being considered at the Strategic and General Services Committee, Special Projects Committee and Council meetings and report the findings back to the Strategic and General Services Committee; and

2. If feasible, draft a policy which provides clear guidance as to the circumstances when individuals or groups are notified of items considered at the above mentioned meetings. The draft policy will be presented to the Strategic and General Services Committee for their consideration and recommendation to Council.

Cr D Thompson MOVED an amendment to the Officer's Recommendation to include the following wording as shown in italics: The Council:

1. Request officers investigate the feasibility of formally notifying individuals or community groups who can be identified as having a specific interest in items being considered at the Strategic and General Services Committee, Special Projects Committee and Council meetings and report the findings back to the Strategic and General Services Committee; and

CARRIED: 7/0 REASON FOR CHANGE TO OFFICER'S RECOMMENDATION To specify that the investigation is to include identifying individuals and community groups that have a specific interest in items being considered at the aforementioned meetings.


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COMMITTEE RECOMMENDATION/COUNCIL DECISION

MOVED: Cr D Hume The Council:

1. Request officers investigate the feasibility of formally notifying individuals or community groups who can be identified as having a specific interest in items being considered at the Strategic and General Services Committee, Special Projects Committee and Council meetings and report the findings back to the Strategic and General Services Committee; and

2. If feasible, draft a policy which provides clear guidance as to the

circumstances when individuals or groups are notified of items considered at the above mentioned meetings. The draft policy will be presented to the Strategic and General Services Committee for their consideration and recommendation to Council.



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The following item number SGS1411-16 was MOVED and carried en bloc. SGS1411-16 NAMING OF ABORIGINAL CULTURAL CENTRE DataWorks Reference: 023/061 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Helen Emery, Manager Community Development Decision Making Authority: Council Agenda Attachments: Nil EXECUTIVE SUMMARY The Aboriginal Cultural Centre Advisory Group has recommended 'Walyalup Aboriginal Cultural Centre' as the name for the Aboriginal Cultural Centre (ACC). This recommendation follows a consultation process involving thirty two aboriginal people, including twelve traditional owners, aboriginal elders and aboriginal community members. BACKGROUND The ACC opened on 10 March 2014. As part of the City’s engagement with the aboriginal community to establish and manage the centre, an advisory committee of five aboriginal people was set up in late 2013. One of the tasks of the ACC Advisory Group was to provide recommendations to the City on naming of the centre. The group advised that the local aboriginal community, including traditional owners and elders were to be consulted in the naming of the ACC. COMMENT The consultation process for naming the ACC was undertaken over several months in 2014. Thirty two aboriginal people that participated in the City’s previous consultation on the establishment of the ACC were consulted. Six responded with suggestions for a name, including: Walyalup Aboriginal Cultural Centre. Aboriginal Cultural Centre at the Round House. Nyoongar Boodja Cultural Centre. Gnullar Karla Mia. 'Walyalup' is the traditional Nyoongar name of Fremantle, meaning 'place of the Walyo or Woylie' was preferred by three people. Other suggested names were supported by just one individual. Traditional owners were also advised at a South West Land and Sea Council Whadjuk Working Party meeting in October 2014 about the consultation process. The preferred


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name of 'Walyalup Aboriginal Cultural Centre' was supported by members of the Whadjuk Working Party. The five ACC Advisory Group members were then consulted individually and of the four names suggested, all five members supported recommending Walyalyup Aboriginal Cultural Centre. RISK AND OTHER IMPLICATIONS Financial Updated signage cost, within operational budget. Legal Nil Operational Nil Organisational Nil CONCLUSION Following consultation with the Aboriginal community including traditional owners and elders, the ACC Advisory Group has recommended the centre be named 'Walyalup Aboriginal Cultural Centre'. It is recommended that Council endorse this name. STRATEGIC AND POLICY IMPLICATIONS City of Fremantle Strategic Plan 2010 – 2015. Character: strengthen Aboriginal relations and investigate facilities for indigenous people. COMMUNITY ENGAGEMENT Thirty two aboriginal people were consulted. This included twelve traditional owners as well as Elders and other aboriginal community members. The outcome of the consultation was a shared preference for the centre to be named 'Walyalup Aboriginal Cultural Centre'. VOTING AND OTHER SPECIAL REQUIREMENTS Simple Majority Required


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MOVED: Cr D Hume Council endorse the recommendation by the Aboriginal Cultural Centre Advisory Group to name the Aboriginal Cultural Centre 'Walyalup Aboriginal Cultural Centre'. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number SGS1411-17 was MOVED and carried en bloc. SGS1411-17 STRATEGIC PLAN PROGRESS REPORT JULY - SEPTEMBER 2014 DataWorks Reference: 030/017 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Tanya Toon-Poynton, Governance Coordinator Decision Making Authority: Council Agenda Attachments: Strategic plan progress report – July to September 2014 EXECUTIVE SUMMARY

Council adopted its current strategic plan in June 2010. The plan contains seven 'strategic imperative areas' within which there are a number of projects that the Council determined were priority projects to achieve the outcomes it sought in each of these strategic areas. Many of the projects that Council determined were priority projects at that time have now been completed, or come to their end of life. In other cases priorities have changed due to local government reform and other external factors. As the Council progresses towards adopting a new Strategic Community Plan through the 2029 Visioning process, some of the projects that are continuing are long term and are now considered by the new standing committee, Strategic Projects. This committee is discussed further in the comments section of this report. Comments on the actions that have been completed within this reporting period for the projects not considered by the Strategic Projects Committee are detailed in the comments section of this report and will no longer appear in the attached strategic plan progress report. BACKGROUND

Council adopted its current strategic plan in June 2010 and reviewed these priorities in February 2011. One of the key projects of the plan was to commence a reporting regime that informed the council and community of progress against the achievements of the plan. The report format shows in graph form the target and actual completion of percentages cumulatively each month, the planned commencement and completion dates, and a comment from the responsible director for each project. The report has easy to read indicators for each project and summary indicators showing overall progress against each of the strategic imperative areas from the plan. One of the strategic areas is organisational capability. The focus of this area is to ensure the City is capable of delivering the outcomes identified in the plan within the expected timeframes. A key part of that is to ensure that progress on the projects within the


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strategies are regularly monitored and reported on by officers and overseen by Council to ensure the focus is maintained. The report ensures the City remains focused on its strategic imperatives. The report is provided for information and discussion as appropriate. COMMENT

In February 2014, Council identified a number of new and existing projects to remain in focus from now until June 2015. A Special Projects Standing Committee was introduced in August 2014. The projects identified are the focus of this committee and detailed reports on the projects are presented to the committee as progress is made on them. The committee considers the information in the reports and makes recommendations to Council. Due to the level of detail presented to the committee, and the complex nature of these projects, they are no longer included in the attached progress report. A progress report on corporate plan projects and actions will also be presented to Council twice a year for information and discussion. Projects that have been completed within the report period are highlighted below: Identification and purchase of new operations (depot) site: 2 Jones Street O'Connor has been purchased for use as the new operations (depot) site. Settlement occurred in September 2014. Projects at less than 40% of their target are highlighted below: Nil RISK AND OTHER IMPLICATIONS

Financial Nil Legal Local governments are required to develop and maintain a strategic plan. Operational Ongoing improvement to the internal systems is being undertaken to ensure proper alignment with the local government reform agenda and reporting of progress for strategic projects. Organisational The whole organisation is involved in the delivery of the strategic plan. Organisational capacity and focus on achievement is recognised as a critical success factor in the plan. Reporting against progress on projects the council has identified as priorities is critical in sustaining the focus and reviewing capacity along the way.


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CONCLUSION

The City of Fremantle Strategic Plan progress report for July to September 2014 is provided for information and discussion. STRATEGIC AND POLICY IMPLICATIONS

As discussed within this report. COMMUNITY ENGAGEMENT


Special Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr D Hume Council receive the City of Fremantle Strategic Plan Progress Report for July to September 2014 as shown in Attachment 1 of the Strategic and General Services agenda attachments 19 November 2014. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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The following item number SGS1411-18 was MOVED and carried en bloc. SGS1411-18 COMMUNITY ENGAGEMENT ACTION PLAN 2014 - 2015 DataWorks Reference: 034/005 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: C1005-3 Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Helen Emery, Manager Community Development Decision Making Authority: Council Agenda Attachments: Attachment 1 - Outcomes Report

Attachment 2 - CE Action Plan 2014 - 2015

EXECUTIVE SUMMARY

Key outcomes for the Community Engagement Framework have been achieved and it is recommended that a plan for 2014 – 2015 be adopted. The draft Community Engagement Action Plan 2014 – 2015 builds upon the achievements of the Community Engagement Framework for the next year. BACKGROUND

The Community Engagement Framework was adopted by Council in May 2010 and guides the way the City engages and communicates with stakeholders on the decision making process of significant policies, programs and services. The framework is a broad principles document that does not prescribe how the community should be engaged. It suggests that engagement approaches vary according to the level of stakeholder impact and interest in the issue under consideration and are designed to support inclusive and well-informed participation. The objectives of the framework have been to:

• Keep the community well informed about issues, strategies and plans that may affect them.

• Allow stakeholders through consultation to enhance council decision making. • Seek views of a wide cross section of the community by selecting engagement

methods that are flexible, inclusive and appropriate to those being consulted. • Provide opportunity for community members to share opinion or recommend

action or solutions to community issues. • Provide participants with feedback after the completion of engagement process. • Provide staff with the support and training to plan and conduct effective

community engagement processes. • Improve the City’s internal systems and procedures to ensure a coordinated

comprehensive approach to engagement.


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COMMENT

The actions required to implement the engagement framework was the responsibility of all staff across the organisation, and was guided by an operational implementation plan developed in 2010, and updated in 2012. The outcomes achieved have been noted in attachment 1. A new Community Engagement Action Plan 2014 – 2015 has been drafted (attachment 2). This plan contributes to the ongoing implementation of the engagement framework and the City’s commitment to continue to improve its engagement practice. The plan focuses on online engagement, engagement capability, culture and continuous improvement. Work on some of the actions has commenced. As part of the City’s commitment to actively strengthen its engagement and relationship with the Whadjuk Traditional Owner Group and Aboriginal community in Fremantle, a strategy to implement best practice approaches to engaging with Traditional Owners and Aboriginal people is being developed. A draft strategy will be presented to Council for consideration mid-2015. RISK AND OTHER IMPLICATIONS

Financial Actions will be delivered within the current operational budgets. Legal Nil Operational The plan will be managed by the Manager Community Development and will be transferred to the Manager Strategic Projects, under the City’s organisational restructure to take effect in early 2015. Organisational The responsibility of for the management of the plan is currently with the Community Development directorate, and will shift to the Planning directorate when the organisational restructure is implemented. CONCLUSION

The achievements of the Community Engagement framework needs to continue to be built upon over the coming year. The proposed action plan focuses on key strategic areas to continue to improve the City’s engagement practice and achieve the City’s commitment to be recognised as a leading engaging organisation. STRATEGIC AND POLICY IMPLICATIONS

City of Fremantle Strategic Plan 2010 – 2015


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Capability: community engagement framework implementation. COMMUNITY ENGAGEMENT

Given the local government reform process currently underway, a community engagement strategy on the 2014 – 2015 action plan is not recommended, as a new community will be in place post June 2015. Community and stakeholder engagement will be considered as part of a future review of the community engagement framework and policy when the reform process has been completed post June 2015. VOTING AND OTHER SPECIAL REQUIREMENTS


MOVED: Cr D Hume 1. The Outcomes Report – Community Engagement Framework be received. 2. The draft Community Engagement Action Plan 2014 – 2015 be adopted. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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STRATEGIC AND GENERAL SERVICES COMMITTEE 19 NOVEMBER 2014 SGS1411-5 2015/16 BLACK SPOT PROJECT PROPOSALS DataWorks Reference: 106/050 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Peter Pikor, Director Technical Services Actioning Officer: Phillip Adams, Manager Infrastructure Projects Decision Making Authority: Council Agenda Attachments: Preliminary Design - South Terrace, Parry Street and

Norfolk Street - under separate cover Preliminary Design - King William Street and Marine Terrace - under separate cover Preliminary Design - Marine Terrace and South Street - under separate cover Preliminary Design - Adelaide Street and Point Street roundabout - under separate cover Preliminary Design - Hampton Road and Wray Avenue - under separate cover Preliminary Design - Queen Victoria Street and James Street - under separate cover Preliminary Design - Queen Victoria Street, Parry Street and Adelaide Street - under separate cover

EXECUTIVE SUMMARY

Each year, the City is invited to submit for consideration projects qualifying for Nation Building and State Black Spot Funding. The closing date for submissions for the 2015/16 Nation Building and State Black Spot Programs was in August 2014 and advice of the successful projects funded will provided in early 2015. This year, City officers have applied for a total of $1.059 million in works over 7 projects with a focus on the more busy intersections within the Fremantle CBD. If all projects are successful in attracting grant funding, Council is required to commit one third of this cost being $353 196. Where possible, the proposed projects have also incorporated cycling facilities as these are typically lacking at these locations and form missing links in the bicycle network. BACKGROUND

The National and State Road Safety Black Spot Program is a Commonwealth and State Government initiative administered by Main Roads Western Australia (MRWA). The program targets road locations where crashes are occurring and aims to fund cost effective, safety oriented projects by focusing on locations where the highest safety benefits and crash reductions can be achieved.


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All submissions are considered on their merits and evaluated against the criteria set by the Australian Transport Safety Bureau (ATSB). Separate criteria apply for the Nation Building Black Spot Program and its State counterpart. MRWA collects all data relating to road crashes and has developed two lists relating to eligible projects within each local government i.e. Nation Building Black Spot list and State Black Spot list. The criteria used in the assessment to determine the benefit / cost ratio (BCR) are:

• crashes for the 5 year period 2009 to 2013 inclusive for qualifying audits; • crash costs based on crash type cost, not crash severity costs; and • All capital costs, including contributions by others, and ongoing maintenance

costs. The Australian Government Black Spot Program for 2015/16 and 2016/17 guidelines have changed, effectively lowering the eligibility for projects to be funded as well as an increase in the total funding pool from $6.585 million to $17.56 million. COMMENT

The schedule of projects has been developed from crash data available to the City. An online ‘crash analysis record system’ (CARS), developed by MRWA, has been used for the evaluation of the individual sites and the results formed the basis of the submission. CARS uses crash data and the results obtained from other known treatments to determine the appropriate solution to minimise the incidence of the crash type. The BCR is the probable savings in the incidence of crashes against the capital cost of effecting the improvements. Based on the set criteria, the intersections have been identified as warranting treatment. Each of the intersections has a record of either rear end, right angle or multiple type crashes. These projects are programmed for completion by June 2016 however may be deferred for a further 12 months if needed. Where projects could be aligned with cycle facilities, this has been included in the submission. When upgrading a major signalised intersection, the ability to install head start cycle facilities can be relatively inexpensive requiring only the relocation of the signal loop detectors, some additional line marking removal and reinstatement as well as the green surface treatment. Although not able to be funded under the Black Spot guidelines, their inclusion was shown to portray the ultimate design for intersections that are on bike routes. All projects have considered cycling in their development with the roundabout proposal at Adelaide Street and Point Street offering a less flowing design typically seen on higher speed roundabouts in favour of a ‘right angle’ approach. The additional of a mid block traffic calming on Adelaide Street will also provide secondary benefits to the area and allow drivers to perform U turns at this often busy location. Additional cycle logos will be proposed on the approach lanes to assist cycle and vehicle traffic integration. Where an identified project involves a signalised intersection an 'Agreement in Principle' from MRWA has been sought.


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The below table summarises the proposed treatments and costs for the Fremantle 2015-16 Black Spot Submissions;


Financial For the proposed projects in the 2015/16 financial year, the estimated total cost is $1 059 588. If all projects are successful to attract grant funding Council is required to commit one third of this cost being $353 196. The funded cost to undertake the works relates only to the design and construction of the road treatment designed to improve the safety of road users. Ancillary works such as landscaping, artworks or decorative lighting to enhance the urban streetscape will need to be funded by the Local Authority. Legal All designs will need final approval from Main Roads WA to be implemented. Operational Capital works will need to be scheduled for the awarded projects in both 2015/16 and 2016/17 for staged projects. Organisational Nil CONCLUSION

The 7 projects nominated for consideration in the 2015/16 Black Spot Program have been selected to address road safety issues within the City. The projects have been


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selected based on criteria of improving functionality and efficiency at busy signalised intersections as well as providing enhanced pedestrian and cycling facilities. The projects, if successful, represent a significant investment into road safety for the city with the current funding arrangement offering an excellent opportunity for the upgrading of older intersection control infrastructure. STRATEGIC AND POLICY IMPLICATIONS

Bike Plan 2014 - 2018 Strategic Plan 2010 - 2015

• Transport • Community Safety

COMMUNITY ENGAGEMENT

As these projects relate to road safety issues and are subject to approval by external parties, if approved community engagement will take the form of information and project communication. Initial community consultation was undertaken for the proposal at King William Street and Marine Terrace as this project impacts the access to the streets involved. The response to the proposal was a majority in favour. VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION

MOVED: Cr D Hume That Council supports the 2015/16 State Black Spot Program submission for the projects as listed below;

1) Parry Street, Norfolk Street and South Terrace – overhead mast arms and upgraded signal aspects to LED technology on all approaches

2) King William Street and Marine Terrace - partial closure / right turn bans as well as complementary works at Sydney Street and Marine Terrace

3) Marine Terrace and South Street – seagull median treatment 4) Adelaide Street and Point Street – bike friendly roundabout 5) Hampton Road and Wray Avenue – overhead mast arms on Hampton Road

approaches and upgraded pedestrian facilities. 6) Queen Victoria Street and James Street – overhead mast arm on Ord Street

approach. 7) Queen Victoria Street and Adelaide Street – overhead mast arms on

Adelaide Street and Queen Victoria Street approaches as well as upgraded pedestrian facilities.


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Cr D Coggin MOVED an amendment to add an additional Point 8 to the Committee and Officer's Recommendation as shown below: 8) Officers to prepare engineering design options, costing model and stakeholder engagement plan for the installation of traffic lights at the intersection of Marine Terrace and South Street, as well as an option to extend South Street through to Mews Road and install appropriate traffic lights, by February 2015. SECONDED: Cr R Pemberton CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION We need to make the main access point to the southern side of Fremantle and Fishing Boat Harbour the South Street and Marine Terrace and/or Mews Road, and traffic treatments need to be installed to make this the easiest, safest and most convenient route. Cr R Pemberton MOVED an amendment to add the following wording to Part 4 of the Committee and Officer's to the Recommendation as shown below: and four -way zebra crossing. SECONDED: Cr A Sullivan CARRIED: 11/2 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton

Cr Bill Massie Cr David Hume


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Cr Simon Naber Cr Josh Wilson Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To implement the best practice 'complete streets' as per the Council's Integrated Transport Strategy and ensure a safe and walkable environment in a key CBD redevelopment area. Cr R Pemberton MOVED to defer Part 1 to 7 of the item to the next appropriate Ordinary Meeting of Council. SECONDED: Cr J Strachan CARRIED: 7/6 For Against Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr Ingrid Waltham Cr Sam Wainwright

Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr David Hume Cr Dave Coggin Cr Bill Massie

REASON/S FOR CHANGE TO COMMITTEE AND OFFICERS RECOMMENDATION Council deferred decision on this item to allow further consideration of design options to be provided.


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COUNCIL DECISION

MOVED: Mayor, Brad Pettitt Officers to prepare engineering design options, costing model and stakeholder engagement plan for the installation of traffic lights at the intersection of Marine Terrace and South Street, as well as an option to extend South Street through to Mews Road and install appropriate traffic lights, by February 2015 and to defer Parts 1 to 7 of the item to the next appropriate Ordinary Meeting of Council. SECONDED: Cr D Coggin CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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SGS1411-6 LOTTERYWEST FUNDING FOR BUSTER THE FUN BUS VEHICLE DataWorks Reference: 106/011 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Marisa Spaziani, Director Community Development Actioning Officer: Helen Emery, Manager Community Development Decision Making Authority: Council Agenda Attachments: Nil

EXECUTIVE SUMMARY The City of Fremantle successfully applied for a grant of $32 937 (excluding GST) from Lotterywest towards the purchase of a vehicle for Buster the Fun Bus’ mobile parenting support program. The expected cost of a new vehicle is $37 755.42 (excluding GST) plus on road costs of $669.04, with a total cost of $38 424.46. The sale of the current vehicle has been budgeted for in the 2014/2015 budget, therefore there is a need to find $5 487.46 identified savings to balance this budget item. It is recommended that Council accept the Lotterywest grant of $32 937.00 (excluding GST). BACKGROUND Buster the Fun Bus is a mobile parenting support program that is funded through the Department of Local Government and Communities and the City of Fremantle. The program is delivered by staff at locations within the City, three days per week. Melville currently purchases one session of service delivery on a fourth day. A vehicle is required to transport staff and program materials. The current vehicle is in need of replacement and Lotterywest were approached to assist with funding for a new vehicle. The service is funded until 30 June 2016. COMMENT The Lotterywest funding is an opportunity to update the vehicle used for Buster the Fun Bus. The current vehicle was purchased in 2004 and is in need of replacement. The new vehicle will have more room for staff to move within and allow for greater ease of program delivery through safe and effective manual handling of program equipment. A new vehicle will also have a greater level of safety due to more up to date safety features as well as being more fuel efficient. The sale of the current vehicle will assist with the purchase of the new vehicle. RISK AND OTHER IMPLICATIONS Financial


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The sale of the existing vehicle has already been budgeted for in the 2014/2015 budget, however, there is a need to find $5 487.46 of identified savings to balance this budget item. Legal Nil Operational Nil Organisational Nil CONCLUSION The Lotterywest funding will enable the continued delivery of Buster the Fun Bus to the Fremantle community through assisting the purchase of a new vehicle. It is recommended Council accept the grant funding of $32 937.00 (excluding GST). STRATEGIC AND POLICY IMPLICATIONS City of Fremantle Strategic Plan 2010 – 2015. Outcome: strengthened sense of place. COMMUNITY ENGAGEMENT Nil VOTING AND OTHER SPECIAL REQUIREMENTS Absolute Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCOL DECISION


1. Accept grant funding of $32 937.00 (excluding GST) from Lotterywest to assist with the purchase of a new vehicle for the continued delivery of Buster the Fun Bus parenting support program.

2. Approve the purchase of a new replacement vehicle for Buster the Fun Bus

mobile parenting support program for an estimated total cost of $38 424.46 and amend the budget as follows:

Budget Category/Sub Existing Variation to Revised Account String


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Category Budget Budget Expenditure /(Revenue)

Budget Expenditure /(Revenue)

Expenditure /(Revenue)

(Budget amount refers to this account))

Revenue

Non Operating Revenue ($32,937) ($32,937) 32.32100.4313.00.00.18001 Lottery West Funding for Buster The Fun Bus

Other savings to be identified

($0) ($0) Various – to be identified

Total Funding ($32,937) ($32,937)

Expenditure

Purchase of replacement for Buster the Fun Bus

$38,424.46 $38,424.46 New Asset Replacing asset 101738 Buster 1BTU591

Total Expenditure $38,424.46 $38,424.46

Net Variation to Budget – Deficit/(Surplus)

$5,487.46 $5,487.46



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SGS1411-13 ADOPTION OF THE PLASTIC BAG REDUCTION LOCAL LAW 2014 DataWorks Reference: 039/074 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: SGS1402-6; Responsible Officer: Paul Garbett, Manager Planning Projects and Policy Actioning Officer: Melanie Bainbridge, Sustainability (Strategic) Officer Decision Making Authority: Council Agenda Attachments: 1. Amended version Plastic Bag Local Law 2014 EXECUTIVE SUMMARY

The Plastic Bag Reduction Local Law 2014 has been readvertised in accordance with the Local Government Act. Comments received from the Department of Local Government and Communities (DLGC), and subsequent legal advice sought by the City indicate that some further changes to the local law are required, in particular in response to penalties changed in the last iteration of the local law. The City has been advised that a new resolution of Council to adopt the local law with these further changes is required, and therefore Council is recommended to adopt the local law as set out in the attachment to this item. If adopted the local law will be readvertised as amended to ensure its passage through the Joint Standing Committee (JSC) on Delegated Legislation. BACKGROUND

On 9 July 2014, Council resolved that:

Council adopt the Plastic Bag Reduction Local Law 2014 as shown in Attachment 1 of the Strategic and General Services agenda 9 July 2014.

Following this resolution the Plastic Bag Reduction Local Law 2014 was advertised for public comment. The community feedback received over the advertising period indicates general support for the local law. However comments received from the Department of Local Government (DLGC), and subsequent legal advice obtained by the City indicate that some further changes to the local law are required, particularly in response to penalties that were changed in the last iteration of the local law. COMMENT

A range of minor recommended wording amendments were suggested by the DLGC; these have been embedded in the attached update of the proposed local law. The major issue identified by the DLGC, and considered substantial to the local law’s legality by the City’s lawyers, was that changes recommended by the Plastic Bag Working Group and included in the readvertised local law relating to the penalties for non-compliance would make the amended law unlawful, and therefore highly unlikely to pass through the Joint Standing Committee as previously written and adopted by Council in July 2014.


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Schedule 1 of the local law currently sets a modified penalty of $300 for an offence against clause 6. Section 9.17 of the Local Government Act 1995 provides that a modified penalty cannot be greater than 10% of the maximum penalty enforceable under a local law. Since clause 7 sets a maximum penalty of $2500, the maximum modified penalty which can be imposed by the local law is $250. To ensure passage of the local law, the modified penalty in response to clause 6 has been reduced to $250 to ensure consistency with the Act. The majority of other wording suggestions made by the DLGC have been taken into account officers and included in the amended version of the local law contained in Attachment 1 to this report. The only issue deliberately not amended in response to the DLGC’s comments is the second issue below - section (b). The DLGC commented: “It is acknowledged that when this clause was first scrutinised by the Delegated Legislation Committee, the Committee raised two main concerns: (a) The clause forced retailers to charge money for their plastic bags; and (b) The clause restricted the rights of retailers to provide single use plastic bags to customers. “ The City has amended the clause in a way which solves the first issue. However, the DLGC maintains that the second issue remains problematic and is likely to be raised as a point of concern by the Committee. As this issue is essentially the fundamental rationale for the local law, it is the opinion of officers that to try to address point (b) would be render the local law pointless; i.e. the whole purpose of the local law is to prohibit retailers from providing customers with single use plastic bags. RISK AND OTHER IMPLICATIONS

Financial The drafting and advertising of the local law has and will incur some costs, which have been borne by the City’s operating budgets. The subsequent implementation of an education campaign for the local law, depending on the scope and style of campaign that Council might wish to see undertaken, is likely to require more material resources which are not currently budgeted for. Legal The purpose and effect of the Plastic Bag Reduction Local Law 2014 remain largely unchanged from the 2012 version. The purpose of the local law is to reduce the use of plastic shopping bags within the City of Fremantle. The effect of the local law is to prohibit retailers from providing single use plastic shopping bags.


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A change to the required penalties, to bring the local law in line with the Local Government Act 1995 would ensure that the local law meets all legal standards, but does not guarantee its passage through the JSC. Operational The City does not currently have a full enforcement plan for this local law. The City’s experience with local businesses is that they are law abiding organisations and as long as the requirements are clearly spelt out and they have reasonable time to adjust, significant compliance procedures should not be necessary. This will however need to be reviewed once the law is enacted. If necessary, a resourced compliance strategy will need to be put in place at that time. Organisational See comments under ‘Operational’ implications above. CONCLUSION

In order to ensure the Plastic Bag Reduction Local Law 2014 has the best chance possible of passage through the Joint Standing Committee on Delegated Legislation and Parliamentary process, it is recommended that the local law with the amendments contained in Attachment 1 be adopted by Council and readvertised to ensure full compliance with State legislation. STRATEGIC AND POLICY IMPLICATIONS

The City adopting a position stating that it will become a “Plastic Bag Free City”. This local law would codify this position. COMMUNITY ENGAGEMENT

See Background section above. VOTING AND OTHER SPECIAL REQUIREMENTS


MOVED: Cr D Hume That Council adopt the Plastic Bag Reduction Local Law 2014 as shown in Attachment 1 of the Strategic and General Services Agenda 19 November 2014 and advertise it in accordance with the Local Government Act 1995. SECONDED: Cr R Fittock


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CARRIED: 12/1 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright

Cr Bill Massie


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SGS1411-9 RED ROCK DataWorks Reference: L035 Disclosure of Interest: Nil Meeting Date: 19 November 2014 Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Nadine Hume, Property Services Administrator Decision Making Authority: Council Agenda Attachments: Red Rock Consolidated application letter dated 12

August 2014 Salt Restaurant Redevelopment Concept Draft Sub Lease

EXECUTIVE SUMMARY

For Council to approve a new Sub Lease between City of Fremantle and Red Rock Consolidated Pty Ltd, Ian Hutchinson, Patrick Prendiville and Craig Hutchinson trading as Salt Restaurant. BACKGROUND

The City entered into a Lease with Red Rock Consolidated Pty Ltd, Ian Hutchinson, Patrick Prendiville and Craig Hutchinson for a term of six (6) years and four (4) months effective from 1 December 2010 and expiring 31 March 2017. The Lease is a land lease only with all buildings and improvements under ownership of the Lessee until the determination of the Lease where ownership will pass to the City as Lessor. The Lessee has requested approval of a new Lease with tenure that will enable the redevelopment of the aging site. Salt Restaurant is located on Reserve 43311 which has the permitted use of “Foreshore Management and Recreation” with vested powers to the City to lease or licence any portion of the land for a term not exceeding twenty one (21) years in line with the permitted use with any income derived from these agreements to be used for maintenance of the Reserve. Although the restaurant has been present for many years at this site the City was notified by Department of Lands in early 2013 that as Salt acts outside of the Management Order’s defined purpose that the Minister for Lands would be acting to revoke the Management Order for Lot 505 being the area of the Red Rock Lease and entering into a Lease arrangement with the City at a rental of 25% market rate. The City would then enter into a Sub Lease arrangement with the Lessee. As yet the Department of Lands has not pursued this arrangement however have been notified of the request by Red Rock Consolidated for an extension and indicated they will use the drafting of a new agreement to put a Lease with the City in place.


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On this advice the City has drafted a Sub Lease between the City and Red Rock Consolidated, Ian Hutchinson, Patrick Prendiville and Craig Hutchinson. COMMENT

The Lessee hopes to revitalise Salt Restaurant to create a location that continues to cater for beach goers, in house dining and events in a family friendly atmosphere. The current buildings onsite are coming to end of their life span with initial engineering reports costing the basic rectification works, not including proposed additions, to be approximately $760,000. With the current Lease due to expire 31 March 2017 it is not commercially viable to even undertake remedial works. To enable a recoup of financial outlay required for the level of redevelopment proposed Red Rock Consolidated has requested an extension of Lease term of ten (10) years with two further terms of five (5) years each. In the longer term future, strategic planning processes involving potential land use changes and redevelopment of the current industrial area east of Port Beach Road, road proposals affecting Port Beach Road, Tydeman Road and Curtin Avenue, and related opportunities to improve the coastal foreshore regional reserve, mean that it would be appropriate to make the requested third term of five (5) years subject to WA Planning Commission approval. This has been documented in the Draft Sub Lease. As the Lessee is justifying this Lease extension on planned capital works a clause has been included in the Draft Sub Lease stating that the planned redevelopment must be commenced within 24 months of the Sub Lease commencement or Red Rock will be in default of the Sub Lease terms. The Lessee will be entitled to apply for an extension of this time frame, approval of which is at the sole discretion of the City as Sub Lessor. As the current Lease between Red Rock and the City does not expire until 31 March 2017 the draft includes a surrender clause enable the Sub Lease to commence. During the negotiations with Red Rock Consolidated it was discussed that the current waste management area is overflowing and impeding on the disabled parking located close by. This issue has been the cause of some complaints to the City by members of the public. To rectify this issue Red Rock proposed an extension of 83m2 to allow this area to be replanned during the development. The City’s Civil Design department has also recognised that the current location of the disabled car bays does not allow the best access to either the beach or the restaurant so relocation of these bays is advised. The area of 83m2 will be addition to the current leased Lot 505. If the City was to request a revision of this Lot to include the 83m2 the process could take up to eighteen (18) months to finalise. As the City has the rights under the Management Order over the Reserve to lease or licence any portion of the land it has been recommended by the Department of Lands that the City enter into a separate Lease directly with Red Rock Consolidated for this area. The Lease will follow the basic terms and conditions of the Sub Lease for Lot 505 with the permitted use being “waste management”. Salt Restaurant currently operates under a Restaurant Liquor Licence. In addition a micro brewery “Blacksalt Brewery” operates on the site under a separate production licence, which only produces for Salt Restaurant.


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The Lessee feels that the current Liquor Licence limits their operational capacity by being unable to offer only seated beverages and not at bar service or cocktail style functions. Understanding the concern about a change in the manner trade could be undertaken should the Liquor Licence be changed to a Restrictive Tavern Licence the Lessee has consented to restrictive conditions outlined within the Draft Lease under the following Clause; “4. Compliance with liquor licence conditions

1. It is a condition of this Sublease that the Sublessee comply with the following conditions of its liquor licence:

a) The sublessee will be permitted to sell and supply liquor in accordance with the

provisions of section 41(1)(c) of the Act as it relates to tavern restricted licences and section 50 of the Act as it relates to restaurant licences.

b) The sale of packaged liquor for consumption off the licensed premises is prohibited.

c) Seating for a minimum of 310 seats for the use of patrons are to be provided on the licensed premises at all times except in the case of a private function or special event.

d) Food shall be available to patrons during all trading hours. e) The selling or supplying of beverages in a such a way that would encourage

rapid consumption of liquor is prohibited including but not limited to unadulterated spirits or liqueur in a shot glass, drinks known as 'laybacks', shots', 'shooters', 'test tubes', 'jelly shots', 'blasters' or 'bombs'.

f) No liquor is to be supplied mixed with energy drinks. For the purpose of this condition 'energy drink' has the same meaning as formulated caffeinated beverage within the Australia New Zealand Food Standards Code with a composition of 145mg/L of caffeine or greater.

g) A range of non-alcoholic and low strength alcohol drinks will be available during all trading hours.

h) A closed circuit television video ("CCTV") surveillance system able to identify individuals and showing times and dates must be in place and operational. The CCTV system must comply with the requirements as identified in the Director's Policy 'Security at Licensed Premises'. It is expected that the system will provide and record continuous images of the entrances and exits to the premises during normal trading hours and until one (1) hour after trading ceases. Images recorded via the CCTV system must be retained for at least twenty eight (28) days and must be made available for viewing or removal by the Police or other persons authorised by the Director.

i) Entertainment and music on the licensed premises is to be maintained at a volume that allows normal conversation except in the case of a private function or special event.

2. In sub-clause (1) the term “licensed premises” means the premises as described

in the liquor licence issued to the Sublessee.

3. The Sublessee shall indemnify and keep indemnified the Sublessor from and against any breach of the Liquor Control Act 1988, Food Act 2008, Liquor Control


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Regulations 1989 or the liquor licence or permit or any conditions imposed thereupon for which it may be liable as the owner of the Premises.

4. The Sublessor acknowledges that the Liquor Licence is owned by the Sublessee and that upon termination of this Sublease, or at any other time suitable to the Sublessee, the Sublessee may remove or transfer the Liquor Licence to other premises without any approval being required by the Sublessor.”

To enable the City to enter into the Sub Lease with Red Rock Consolidated the Minister for Lands will be required to revoke Lot 505 from the Management Order over Reserve 43311 (Port Beach Reserve) and enter into a Lease. The Department of Lands has given in principle support for this proposal and is waiting on the City to finalise the Draft Sub Licence for in principle support and a template on which the head Lease can be based. The Lease will replicate the Reserves Management Order with the permitted use being “Foreshore Management and Recreation” and authority to lease or licence the land for a term no greater than twenty one (21) years subject to Ministerial approval. RISK AND OTHER IMPLICATIONS

Financial The current rent is $132,797pa + GST. An independent market valuation has determined the rent to be $65m2. With the Lease footprint to expand to 2,299m2 allowing for the contained waste storage the commencing rental for the new Sub Lease will be $149,435pa + GST. Legal Commercial Tenancy (Retail Shops) Agreements Act WA 1985 Local Government Act WA 1995 Operational Nil Organisational The City will enter into a Lease with Minister for Lands for Lot 505 and in conjunction a Sub Lease with Red Rock Consolidated. A Lease between the City and Red Rock Consolidated will cover the additional 83m2 required for the bin storage area located on Reserve 43311 as defined in the plan annexure “A” to the Lease draft. CONCLUSION

The Sub Lease for Lot 505 and the Lease for the portion of Reserve land with the permitted use of “waste management” will be subject to the Minister for Lands approval and the implementation of the Management Order being revoked for Lot 505 to be replaced with a Lease between the City and the Minister for Lands.


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The change to the Liquor Licence will be subject to the approval of the Minister for Lands although the City will either support or not support this application in the statutory Liquor Licensing process through the City’s Environmental Health Department. The Liquor Licence clause in the Draft Lease does not constitute approval or support for the change to the Liquor Licensing application but does act as a restriction to the proposed changes and allowances under the Licence by the current Lessee or any assignee in the future. STRATEGIC AND POLICY IMPLICATIONS



Simple Majority Required COMMITTEE AND OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Cr D Hume

1. That Council approve; a) The draft sub lease as attached with the Strategic and General Services

Committee agenda attachments of 19 November 2014 between the City of Fremantle, Red Rock Consolidated Pty Ltd, Ian Hutchinson, Patrick Prendiville and Craig Hutchinson subject the approval of the Minister for Lands and;

b) Delegated Authority to be granted to the Chief Executive Officer to

finalise a Lease between the City of Fremantle and the Minister for Lands for Lot 505 on Deposited Plan 68448 being the whole of Crown Land Certificate Title Volume LR3163 Folio 594 with the permitted use of “Foreshore Management and Recreation” with the authority to Lease or Licence the land for a term not exceeding twenty one (21) years at a rental of 25% market rate to be determined by a Landgate market valuation commissioned by Department of Lands.

2. Delegated Authority to be granted to the Chief Executive Officer to finalise

the Lease negotiations for the portion of Reserve 43311 totalling 83m2 based on the essential terms and conditions as follows;

Land Description: Portion of Reserve 43311 Lot 506 on Deposited Plan 68448 being the whole of land in Crown Land Certificate Title Volume LR3163 Folio 594


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Area: 83m2 Registered Proprietor: State of Western Australia Lease Commencement Date: TBA Lease Term: ten (10) years Further Term: five (5) years Second Term: five (5) years Rent: $65m2 + GST Permitted Use: Waste management Special Conditions: The third term will be subject to the approval of the WA Planning Commission.

SECONDED: Cr J Wilson CARRIED: 13/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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MOTIONS OF WHICH NOTICE HAS BEEN GIVEN Nil. REPORTS BY THE MAYOR OR OFFICERS OF COUNCIL STATUTORY COUNCIL ITEMS Nil. COUNCIL ITEMS Cr D Coggin vacated the chamber at 8.45 pm and was absent during discussion and voting of this item. Cr D Thompson vacated the chamber at 8.45 pm and was absent during discussion and voting of this item. C1411-1 INFORMATION REPORT - DESIGN AND DEVELOPMENT OF A NEW

CITY OF FREMANTLE WEBSITE DataWorks Reference: 39/073

Author: Glen Dougall Director Corporate Services The CEO accepted a recommendation from the Major Procurement Approval Panel (MPAP) for Design and Development of a New City of Fremantle Website to be awarded to Itomic Pty Ltd for the sum of $80,000.00 excluding GST. The MPAP is comprised of the Director Corporate Services, the Director Community Development, the Director Technical Services and the Director Planning and Development Services or their delegate (the delegate must be an operational manager not involved as a requestor or evaluator), and one operational manager or coordinator who is independent to the area from which the contract or tender relates ACCEPTANCE OF TENDER FCC429/14 FOR FREMANTLE ARTS CENTRE TOILET UPGRADE

DataWorks Reference: 39/073

Author: Glen Dougall Director Corporate Services The CEO accepted a recommendation from the Major Procurement Approval Panel (MPAP) for Fremantle Arts Centre Toilet Upgrade to be awarded to Safeway Building & Renovations Pty Ltd for the sum of $83,350.00 excluding GST. The MPAP is comprised of the Director Corporate Services, the Director Community Development, the Director Technical Services and the Director Planning and Development Services or their delegate (the delegate must be an operational manager not involved as a requestor or evaluator), and one operational manager or coordinator who is independent to the area from which the contract or tender relates


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OFFICER'S RECOMMENDATION/COUNCIL DECISION

MOVED: Mayor, Brad Pettitt THE INFORMATION REPORT FOR NOVEMBER 2014 BE RECEIVED.

SECONDED: Cr R Fittock CARRIED: 11/0 For Against Mayor, Brad Pettitt Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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Cr D Coggin returned to the meeting at 8.46 pm. C1411-2 CHRISTMAS PARKING INCENTIVE - 2014 DataWorks Reference: 016/002 Disclosure of Interest: Nil Meeting Date: Council Previous Item: Nil Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Tom Griffiths, Manager Economic Development and

Marketing Decision Making Authority: Council Agenda Attachments: Nil EXECUTIVE SUMMARY

To consider an extension of one (1) hour free parking at Queensgate and Parry Street (car park 1) to two (2) hour free parking between 9.00 am and 5.00 pm on Monday and Tuesday during December in the lead up to Christmas. This proposal is being considered as part of a request from the Chamber of Commerce to provide an incentive for retail Christmas shopping in Fremantle. BACKGROUND

The City has been approached by the Fremantle Chamber of Commerce to consider providing parking incentives during December to encourage people to undertake Christmas shopping in Fremantle. The request is to provide a 'free day' per week for parking in Fremantle. COMMENT

The request seeks to offer an incentive to encourage shoppers to consider Fremantle for Christmas shopping by removing the negative attitude customers may have of paying for parking and the perception that paid parking may discourage shoppers coming to Fremantle. The request itself is simple enough to consider, however the logistics of changing software in multiple ticket machines is more problematic. For that reason, consideration of this request has focussed on the merits of concentrating any incentive to identified car parks, rather than the city generally. In 2012 the City commenced 1 hour free parking in Queensgate and Parry Street (car park 1) during standard business hours. A recent analysis of this has highlighted that since this introduction, these car parks have achieved above 80% capacity from Monday to Friday between 10.00 am and 2.00 pm for 10 of the 12 months between July 2013 and June 2014. These results signify a change in parking behaviour at these car parks form previous years. An interesting aspect of the analysis is that December and January were the two months that did not achieve this result. We are also undertaking a review of


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other parking numbers to see if there has been a shift from other bays to these car parks, at the time of writing this report these figures had not been finalised. The easiest implementation for a parking incentive is to continue to focus on the off-street parking close to the CBD. This would reinforce the current messaging and parking management of encouraging off-street parking for longer term parking. To ensure the incentive is focussed purely on 'shopping parking' it is suggested that rather than 'all day', the City extend the current 1 hour free parking to 2 hour free parking for Queensgate and Parry Street (car park 1). This option is considered better placed to reduced the unintended benefits of other parking needs and resinate with those seeking to come to Fremantle of the purpose of shopping. Another consideration is the need to market the proposed incentive to ensure it has the best opportunity for success. This makes identifying specific parking areas more problematic as marketing needs to be legible to succeed. The target market would be locals doing their Christmas shopping. Communication channels would need to reflect this such as:

• Corporate website - pop up message. • Newsbytes • Fremantle Story newsletter • Fremantle Trader - so that businesses are aware • Parking app • City of Fremantle social media accounts • Banners that can be strung up on the appropriate days. • Media – radio.

To improve the opportunity for the marketing pitch to reach the target audience, an option of providing 2 days per week has also been considered. Having consecutive days would allow the message to be simple and clear. It is considered that Monday and Tuesday are the days with the lowest parking numbers so these two days would be the most appropriate as there would be sufficient availability of bays and provide a benefit to the weaker days of the week for visitors. It will be difficult to measure the success of this incentive, if approved. The City can track usage to provide information on number of vehicles or change in parking behaviour from prior years and also track pedestrian numbers, but if we are to understand the affect on retail trade we will need to engage the retailers can provide feedback on the outcomes on their trading on these days. This feedback will be vital in determining the impact and without it will provide no basis for determining its success or otherwise. It is suggested the City require the Chamber to undertake some analysis with the retailers as part of this incentive. This will ensure that retailers are involved in the incentive. RISK AND OTHER IMPLICATIONS

Financial It is anticipated this incentive will cost the City between $36 000 and $50 000 inclusive of lost parking revenue and marketing promotion.


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Legal Local Government Act 1995. Operational Modifications will be required to allow for ticket machines to be modified to allow for the extension of free parking. A marketing program will need to be established. Organisational Nil. CONCLUSION

The provision of further parking incentive to attract additional Christmas shopping patronage will provide support to our CBD retailers. Through the support of the Chamber of Commerce, there will be significant data to allow analysis of the outcome of this incentive. This can then be used to consider when consider future incentive based parking promotions. The additional hour free parking in Queensgate and Parry Street reinforces recent incentives and would ensure the best opportunity for success. STRATEGIC AND POLICY IMPLICATIONS

Nil. COMMUNITY ENGAGEMENT

Nil. VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute Majority Required OFFICER'S RECOMMENDATION

1. The City of Fremantle approves the implementation of a two hour free parking Christmas shopping incentive for Queensgate and car park 1 on Mondays and Tuesdays(leading up to Christmas) in December 2014; and

2. Seeks the Chamber of Commerce to undertake an analysis of retailers and

provide results to council to identify whether retail trading improved on the days being offered for two hour free parking in point 1 above.

Mayor, Brad Pettitt MOVED an amendment to Part 1 of the Officer's Recommendation to delete the the following words as shown below:


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and 1 SECONDED: Cr R Pemberton CARRIED: 11/0 For Against Mayor, Brad Pettitt Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie

REASON/S FOR CHANGE TO OFFICER'S RECOMMENDATION To modify the software for Car Pak 1 will require too much of customers and therefore needs to be removed from the incentive. Cr I Waltham MOVED an amendment to the Officer's Recommendation to delete the following wording in Part 1 as shown below: (leading up to Christmas)

Cr D Coggin returned to the meeting at 8.46 pm. COUNCIL DECISION

MOVED: Mayor, Brad Pettitt

1. The City of Fremantle approves the implementation of a two hour free parking Christmas shopping incentive for Queensgate car park on Mondays and Tuesdays in December 2014; and

2. Seeks the Chamber of Commerce to undertake an analysis of retailers and

provide results to council to identify whether retail trading improved on the days being offered for two hour free parking in point 1 above.


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Cr D Thompson returned to the meeting at 8.49 pm. Cr I Waltham vacated the chamber at 8.49 pm and was absent during discussion and voting of this item. Mayor, Brad Pettitt MOVED en bloc recommendations numbered C1411-3, C1411-4, and C1411-5. SECONDED: Cr D Coggin CARRIED: 12/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Sam Wainwright Cr Bill Massie


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C1411-3 RE-ADOPTION OF 2012/2013 BUDGET DataWorks Reference: 091/013 Disclosure of Interest: Nil Meeting Date: Council 26 November 2014 Previous Item: C1207-5 of 25 July 2012 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance and Administration Decision Making Authority: Council Agenda Attachments: Amended 2012/2013 Budget Documents (7 pages)

2012/2013 Budget adopted 25 July 2012 (viewed electronically)

EXECUTIVE SUMMARY

The State Administrative Tribunal (SAT) quashed rates imposed by the city upon land rated by gross rental value for the 2012-13, 2013-14 and 2014-15 financial years. The differential rates that were the subject of the SAT review were those related to undeveloped property as opposed to vacant property. Within a financial year if one differential rate is found not to be legal then all differential rates are quashed and the city is then required to readopt the annual budget and reimpose new GRV-based general rates for the affected financial year(s). BACKGROUND

The Department of Local Government and Communities took the cities of Fremantle and Geraldton to SAT as they believed differential rates using undeveloped as a criteria were not raised in accordance with the Local Government Act (1995). The matter was heard on 16 May 2014 and a decision delivered on 5 September 2014. The tribunal (SAT) made the following order:

The rates imposed by the City of Fremantle upon land rated on gross rental value within the City of Fremantle for the 2012-13 and 2013-14 financial years should be quashed by the Tribunal under s 6.82(3) of the Local Government Act 1995 (WA).

In between the date of hearing and the date the order was handed down the city had adopted its 2014-15 Budget that continued to use the undeveloped differential rates. Therefore the city made application to SAT to quash the GRV based rates for the 2014-15 financial year and the matter was heard on 15 October 2014 and a decision delivered the same day as follows:

The rates imposed by the City of Fremantle upon land on gross rental value within the City of Fremantle for the 2014-15 financial year should be quashed by the Tribunal under s 6.82(3) of the Local Government Act 1995.

As a consequence of the decisions, the city is now required for each financial year to:- • impose new GRV-based general rates (s 6.32(3)(b)) and,


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• readopt annual budgets (s 6.3(a) (ii)).

COMMENT

The differential rates that were the subject of dispute were the "Undeveloped CBD Zone Property Differential" that applied from 2012-13 to 2014-15 and the "Undeveloped Commercial Differential" that applied from 2013-14 to 2014-15. With reimposing GRV based rates for 2012-13 the following is proposed:-

1. For those differential rates that were not the subject of dispute it is proposed to reimpose them at exactly the same minimum rate or rate in the dollar and conditions that originally applied which effectively means for those ratepayers there will be no change.

2. For the three properties rated under the Undeveloped CBD Zone Differential they will now be rated under the City Centre Commercial Differential imposed under (1) above and amended rate assessments will need to be issued.

Each financial year has been dealt with as a separate agenda item and the wording of the recommendation plus attachments provided are based on advice from the Department of Local Government and Communities. RISK AND OTHER IMPLICATIONS

Financial The estimated loss in revenue for 2012-13 is $39,945 and the total loss of revenue over three financial years is estimated at $86,247. Legal Under the Local Government Act (1995) s 6.82 the city or any person can apply to SAT to determine if a rate was imposed in accordance with the Act. Once SAT have quashed a rate the city is required to reimpose new general rates under s 6.32(3)(b) and readopt the annual budget under s 6.3(a)(ii). Operational As amendments must be made to the rate assessments of the properties whose differential rate description changed there is a small amount of administrative work that must be undertaken by rates staff. Organisational The item amends the relevant annual budget. The amount of revenue involved is not considered material in the context of the long term financial plan. CONCLUSION

The tribunal made its decision and the Local Government Act (1995) is clear and prescriptive of what the city is required to do if rates are quashed by SAT.


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The decision of SAT has for now removed rating as a strategy for the city to encourage owners of undeveloped properties to develop their properties. However the issue has not disappeared and the city will lobby via WALGA to have the issue raised with the state government. COMMUNITY ENGAGEMENT


Absolute Majority Required OFFICER'S RECOMMENDATION/COUNCIL DECISION

That the Council:

1. Notes that the State Administrative Tribunal has quashed the general rate imposed by the City of Fremantle for 2012/13 in accordance with s 6.82 of the Local Government Act 1995, as the Tribunal found that the ‘Undeveloped CBD Zone Property’ rate was invalid.

2. Adopts a budget for 2012/2013 in accordance with section 6.3 of the Act

which: (a) subject to the modifications set out in resolution 3, is in the same form

and manner as the annual budget adopted at the Council meeting held on 25 July 2012 (recorded as item C12107-5 and included as an Attachment to the minutes of that meeting and tabled herewith as an electronic attachment);

(b) reduces the amount to be yielded by the general rate to $33,909,662

which is $39,945 less than the budget surplus and within the statutory limit on the amount estimated to be yielded by the general rate provided for by section 6.34 of the Act.

3. Notes that the modifications referred to in resolution 2 change the following

schedules and notes: a) Statement of Comprehensive Income by Nature and Type b) Statement of Comprehensive Income by Program c) Rate Setting Statement by Program d) Rate Setting Statement by Nature and Type e) Note 7 – Net Current Assets f) Note 8 – Rating Information so that these schedules and notes, as modified, are in the form and manner

set out in the seven pages of Attachments.


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4. In accordance with s 6.32(3)(b) of the Act, imposes the following general

rates and minimum payments:

Differential Rate Category

Rate in $ (cents)

Minimum Payment

$

General Differential 7.018 1,050 City Centre Commercial 7.439 1,050 Residential Vacant Land 13.276 1,050 Nightclubs 14.036 1,050

5. Notes that resolutions 2, 3 and 4 above are required to validate the

general rate and minimum payments levied and that a credit will be allocated to those ratepayers affected by the amended ‘Undeveloped CBD Zone Property’ rate whose rates reduce as a consequence of this reimposition.

SECONDED: Cr D Coggin CARRIED: 12/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Jon Strachan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Sam Wainwright Cr Bill Massie


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C1411-4 RE ADOPTION OF 2013/2014 BUDGET DataWorks Reference: 091/014 Disclosure of Interest: Nil Meeting Date: Council 26 November 2014 Previous Item: C1307- 6 of 25 July 2013 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance and Administration Decision Making Authority: Council Agenda Attachments: Amended 2013/2014 Budget Documents (7 pages)


EXECUTIVE SUMMARY





The rates imposed by the City of Fremantle upon land on gross rental value within the City of Fremantle for the 2014-15 financial year should be quashed by the Tribunal under s 6.82(3) of the Local Government Act 1995.



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COMMENT



2. For the two properties rated under the Undeveloped CBD Zone Differential they will now be rated under the City Centre Commercial Differential imposed under (1) above and amended rate assessments will need to be issued.

3. For the 58 properties rated under the Undeveloped Commercial Differential it is proposed:-

a. Impose a new differential titled "Vacant Commercial or Industrial Differential" at exactly the same rate in the dollar as the previous Undeveloped Commercial Property Differential.

b. For those properties that are classified as vacant they will be rated as Vacant Commercial or Industrial Differential and their rate notices will be amended accordingly but there will no variation in rates levied.

c. For the one property were there are improvements they will rated at the General Differential rate and their rate notice will be amended accordingly.


Financial The estimated loss in revenue for 2013-14 is $25,500 and the total loss of revenue over three financial years is estimated at $86,247. Legal Under the Local Government Act (1995) s 6.82 the city or any person can apply to SAT to determine if a rate was imposed in accordance with the Act. Once SAT have quashed a rate the city is required to reimpose new general rates under s 6.32(3)(b) and readopt the annual budget under s 6.3(a)(ii). Operational As amendments must be made to the rate assessments of the properties whose differential rate description changed there is a small amount of administrative work that must be undertaken by rates staff.


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Organisational The item amends the relevant annual budget. The amount of revenue involved is not considered material in the context of the long term financial plan. CONCLUSION

The tribunal made its decision and the Local Government Act (1995) is clear and prescriptive of what the city is required to do if rates are quashed by SAT. STRATEGIC AND POLICY IMPLICATIONS




That the Council:

1. Notes that the State Administrative Tribunal has quashed the general rate imposed by the City of Fremantle for 2013/14 in accordance with s 6.82 of the Local Government Act 1995, as the Tribunal found that the ‘Undeveloped CBD Zone Property’ and Undeveloped Commercial" rates was invalid.






3. Notes that the modifications referred to in resolution 2 change the following

schedules and notes:


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a) Statement of Comprehensive Income by Nature and Type b) Statement of Comprehensive Income by Program c) Rate Setting Statement by Program d) Rate Setting Statement by Nature and Type e) Note 7 – Net Current Assets f) Note 8 – Rating Information so that these schedules and notes, as modified, are in the form and manner


4. In accordance with s 6.32(3)(b) of the Act, imposes the following general rates and minimum payments:


Rate in $ (cents)

Minimum Payment

$

General Differential 7.344 1,099 City Centre Commercial 7.785 1,099 Residential Vacant Land 13.893 1,400 Vacant Commercial or Industrial 14.687 1,400 Nightclubs 14.686 1,400

5. Notes that resolutions 2, 3 and 4 above are required to validate the

general rate and minimum payments levied and that a credit will be allocated to those ratepayers affected by the amended ‘Undeveloped CBD Zone Property’ and "Undeveloped Commercial" rate whose rates reduce as a consequence of this reimposition.



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C1411-5 RE ADOPTION OF 2014/2015 BUDGET DataWorks Reference: 091/014 Disclosure of Interest: Nil Meeting Date: Council 26 November 2014 Previous Item: C1407- 1 of 2 July 2014 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance and Administration Decision Making Authority: Council Agenda Attachments: Amended 2014/2015 Budget Documents (7 pages)


EXECUTIVE SUMMARY





The rates imposed by the City of Fremantle upon land on gross rental value within the City of Fremantle for the 2014-15 financial year are quashed pursuant to s 6.82(3) of the Local Government Act 1995 (WA).



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COMMENT



2. For the three properties rated under the Undeveloped CBD Zone Differential they will now be rated under the City Centre Commercial Differential imposed under (1) above and amended rate assessments will need to be issued.

3. For the 47 properties rated under the Undeveloped Commercial Differential it is proposed:-

a. Impose a new differential titled "Vacant Commercial or Industrial Differential" at exactly the same rate in the dollar as the previous Undeveloped Commercial Property Differential.

b. For those properties that are classified as vacant they will be rated as Vacant Commercial or Industrial Differential and their rate notices will be amended accordingly but there will no variation in rates levied.

c. For the one property were there are improvements they will rated at the Commercial and Industrial Differential rate and their rate notice will be amended accordingly.


Financial The estimated loss in revenue for 2014-15 is $20,752 and the total loss of revenue over three financial years is estimated at $86,247. Legal Under the Local Government Act (1995) s 6.82 the city or any person can apply to SAT to determine if a rate was imposed in accordance with the Act. Once SAT have quashed a rate the city is required to reimpose new general rates under s 6.32(3)(b) and readopt the annual budget under s 6.3(a)(ii). Operational As amendments must be made to the rate assessments of the properties whose differential rate description changed there is a small amount of administrative work that must be undertaken by rates staff.


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Organisational The item amends the relevant annual budget. The amount of revenue involved is not considered material in the context of the long term financial plan. CONCLUSION

The tribunal made its decision and the Local Government Act (1995) is clear and prescriptive of what the city is required to do if rates are quashed by SAT. STRATEGIC AND POLICY IMPLICATIONS




That the Council:

1. Notes that the State Administrative Tribunal has quashed the general rate imposed by the City of Fremantle for 2014/15 in accordance with s 6.82 of the Local Government Act 1995, as the Tribunal found that the ‘Undeveloped CBD Zone Property’ and Undeveloped Commercial" rates was invalid.







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3. Notes that the modifications referred to in resolution 2 change the following schedules and notes:

a) Statement of Comprehensive Income by Nature and Type b) Statement of Comprehensive Income by Program c) Rate Setting Statement by Program d) Rate Setting Statement by Nature and Type e) Note 7 – Net Current Assets f) Note 8 – Rating Information so that these schedules and notes, as modified, are in the form and manner


4. In accordance with s 6.32(3)(b) of the Act, imposes the following general rates and minimum payments:


Rate in $ (cents)

Minimum Payment

$

Residential Improved 6.0709 1,164 Commercial and Industrial General 7.1641 1,164 City Centre Commercial 7.5656 1,164 Residential Vacant Land 10.0777 1,050 Vacant Commercial or Industrial 12.1417 1,164 Nightclubs 12.1416 1,164

5. Notes that resolutions 2, 3 and 4 above are required to validate the general

rate and minimum payments levied and that a credit will be allocated to those ratepayers affected by the amended ‘Undeveloped CBD Zone Property’ and "Undeveloped Commercial" rate whose rates reduce as a consequence of this reimposition.


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Cr I Waltham returned to the meeting at 8.50 pm. Cr J Strachan vacated the chamber at 8.53 pm and was absent during discussion and voting of this item. C1411-6 ANNUAL REPORT 2013/2014 DataWorks Reference: 031/002, 087/004 and 083/003 Disclosure of Interest: Nil Meeting Date: 26 November 2014 Previous Item: SGS1312-2 Responsible Officer: Glen Dougall, Director Corporate Services Actioning Officer: Alan Carmichael, Manager Finance and Administration Decision Making Authority: Council Agenda Attachments: Annual Report 30 June 2014 (under separate cover)

Annual Financial Statements 30 June 2014 (under separate cover) Audit Report 30 June 2014 (under separate cover)

EXECUTIVE SUMMARY

Council is required to produce and accept an annual report each year and set a date to present this report to an annual general meeting of electors. It is sought that Council approve the annual report for 2013/14 as presented and set the Annual Electors meeting for Tuesday 16 December 2014. BACKGROUND

The Local Government Act 1995 requires local governments to prepare an annual report for each financial year and stipulates the format of the report. The report should be adopted no later than 31 December after that year. The report is to include the audit certificate presented for the financial statement of the year being reported and therefore can only occur once the audit has been completed and signed by the auditor. COMMENT

The audit was conducted during October 2014 by the City's auditors, Grant Thornton. The report contains the information to be published, but the final published version may vary slightly with additional formatting and graphics to improve presentation. As has been the case since the 2001/2002 Annual Report, the report will only be printed with abridged set of financial statements. The full financial statements will be available on the City's web site. The abridged financial statements will contain the following documents and statements: -

• Independent audit report • Statement by Chief Executive Officer • Operating Statement for the year ended 30 June 2014 • Statement of Financial Position for the year ended 30 June 2014 • Statement of Changes in Equity for the year ended 30 June 2014 • Statement of Cash Flows for the year ended 30 June 2014


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The 2013/2014 Annual Report (wording) with the full financial statements and auditor report is shown in Attachment 1. It is proposed to hold the Annual General Meeting of Electors in the Council Chamber to facilitate preparation of the minutes, as the meeting can be recorded. In addition to the statutory advertising of the meeting, a further notice advertising the meeting will be placed in one of the local papers before the actual meeting, in accordance with Council's resolution of 22 June 2005. No significant issues or breaches have been raised within the audit. The annual report will once again be professionally printed for release to the community and will also be available electronically. The report provides a synopsis of the activities and events that took place in 2013/14. RISK AND OTHER IMPLICATIONS

Financial Besides the printing costs and the cost to have the financial audit undertaken there are no direct financial costs in adopting the annual report. Legal Section 5.53 of the Local Government Act 1995 requires local governments to prepare an annual report for each financial year and stipulates the format of the report. The report is to contain;

1. A report from the Mayor, 2. A report from the Chief Executive Officer, 3. An overview of the plan for the future of the district, 4. The financial report for the financial year, 5. Such information as prescribed in relation to payments to employees, 6. The auditor report for the financial year, 7. A matter on which a report must be made under section 29(2) of the Disability

Services Act 1993, and 8. Details of entries made under section 5.121 of the Local Government Act 1995

during the financial year in the register of complaints. Section 5.54 requires that the annual report be accepted by an absolute majority of Council no later than 31 December each year unless the auditor report is not available. Section 5.55 of the Act requires that “the CEO is to give local public notice of the availability of the annual report as soon as practicable after the report has been accepted by the local government.” Section 5.27 requires a general meeting of electors to be held once every financial year. A general meeting is to be held on a day decided by the local government but not more than 56 days after it has accepted the annual report. The general meeting agenda is to include the contents of the annual report and any other general business. The proposed date of 16 December 2014 is within this required time period.


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Section 6.4 of the Local Government Act 1995 requires local governments to prepare an annual financial report for the preceding financial year. Section 7.2 of the Act requires that “the accounts and financial statements of a local government for each financial year are to be audited by an auditor appointed by the local government.” Section 7.9 (1) of the Act provides “An auditor is required to examine the accounts and annual financial report submitted for audit and, by the 31st December next following the financial year to which the accounts relate or such later date as may be prescribed, to prepare a report thereon and forward a copy of the report to –

a) The Mayor, b) The Chief Executive Officer of the local government, and c) The Minister.

Operational The annual report refers to activities and information based on the preceding financial year. The only operational requirement after adoption is to hold the Annual General Meeting of Electors within 56 days after Council has accepted the report. Organisational Nil CONCLUSION

That the report is accepted and the date and location of the Annual General Meeting of Electors is set for Tuesday, 16 December 2014. STRATEGIC AND POLICY IMPLICATIONS

Capability Deliver on the achievement of our strategic imperatives through good governance, strong leadership, effective communication and excellence in delivery. The annual report demonstrates the efficient and effective local government in compliance with statutory requirements. COMMUNITY ENGAGEMENT

No consultation required prior to holding the Annual General Meeting of Electors. In accordance with the Act, the Chief Executive Officer will make the annual report available prior to the annual electors meeting. VOTING AND OTHER SPECIAL REQUIREMENTS

Absolute majority required


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OFFICER’S RECOMMENDATION/COUNCIL DECISION

1. The City of Fremantle 2013/2014 Annual Report (as shown in Attachment 1) including the audited financial statements be accepted.

2. The Annual General Meeting of Electors be held on Tuesday, 16 December 2014

in the Council Chamber at 8 William Street Fremantle. SECONDED: Cr R Fittock CARRIED: 12/0 For Against Mayor, Brad Pettitt Cr Doug Thompson Cr Robert Fittock Cr Andrew Sullivan Cr Rachel Pemberton Cr Simon Naber Cr Josh Wilson Cr David Hume Cr Dave Coggin Cr Ingrid Waltham Cr Sam Wainwright Cr Bill Massie


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Cr J Strachan returned to the meeting at 8.54 pm. C1411-7 LOCAL GOVERNMENT REFORM IMPLEMENTATION OF LOCAL

GOVERNMENT BOUNDARY REFORM - AMALGAMATION WITH THE TOWN OF EAST FREMANTLE AND BOUNDARY ADJUSTMENTS WITH THE CITIES OF MELVILLE AND COCKBURN

DataWorks Reference: Disclosure of Interest: Nil Meeting Date: 28 November 2014 Previous Item: Nil Responsible Officer: Graeme Mackenzie, Chief Executive Officer Actioning Officer: Graeme Mackenzie, Chief Executive Officer Decision Making Authority: Council Agenda Attachments: Framework for local government reform transition EXECUTIVE SUMMARY

The Minister for Local Government, together with the Premier, announced on 22 October that the government had accepted the majority of recommendations of the Local Government Advisory Board (LGAB) for reform in the metropolitan area, including that the City of Fremantle amalgamate with the Town of East Fremantle together with boundary adjustments generally consistent with the City’s proposal to the LGAB. This report is provided to Council to:

1. formally advise of the preparatory work already undertaken by staff in anticipation of the reform announcements;

2. seek endorsement of a framework to implement the structural reform; 3. to seek agreement of the formation of a Local Implementation Committee

(LIC) with the Town of East Fremantle; and 4. appoint the Mayor and an elected member to the LIC

The recommendation of the LGAB to amalgamate the City with the Town of East Fremantle and make boundary adjustments to include the suburbs of Bicton, Palmyra, Hamilton Hill, and North Coogee in a new City of Fremantle creates a complex implementation process. This report begins to explore the issues that will need to be addressed throughout the period to 30 June 2015, when it is expected that Commissioner/s will be appointed to take over the role of both councils until elections are held in October 2015. BACKGROUND

Local government reform in WA has been on the agenda for a considerable number of years. In the mid 2000’s in response to growing pressure from other levels of government, WALGA initiated a ‘Sustainability Study’ which resulted in a major report being produced in 2009. A new State Government was elected in September 2008 and in mid 2009 the Minister for Local Government initiated a voluntary reform process which sought to reduce the


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number of local government authorities across the state, but that was relatively unsuccessful in achieving that objective. Further, the industry had progressed little on the WALGA Sustainability report recommendations and as a result, on 12 June 2011 the Minister announced an independent review of local government in the Perth Metropolitan area. An expert Panel was established and was required to report it findings to the Minister no later than 30 June 2012. A major task for the panel was to make recommendations to the Minister on how the number of local governments in the Perth metropolitan area could be reduced.

The Panel sought broad input from all interested stakeholders and undertook research to allow it to develop its draft report which it released in April 2012 for public comment. That report contained 23 key findings without recommendations, although many of the key findings suggested pretty clearly the recommendations that would follow.

The Panel then concluded its work with its final report being presented to the Minister for Local Government in July 2012. The Minister released the report in October 2012 which recommended that the City of Fremantle be merged with the Town of East Fremantle and the City of Melville.

Whilst the City of Fremantle had supported boundary reform in the metropolitan area, it did not support such a radical proposal that risked the City losing its identity and brand. The community of Fremantle similarly did not support the recommendations and together with the council was ultimately successful in having the government change its position to one that ensured Fremantle remained a strategic centre with a local administration.

The City of Fremantle proposal was to amalgamate the City of Fremantle and the Town of East Fremantle. It also sought to rationalise its eastern boundary with the City of Melville to a line down the middle of Stock Road, and extend its southern boundary into the City of Cockburn to a line generally along Phoenix Road capturing Hamilton Hill and North Coogee. The resultant recommendations from the LGAB support the City’s proposal.

COMMENT

Whilst the government announcement that it had generally accepted the LGAB recommendations was only recently made on 22 October 2014, the CEO has been preparing the organisation for this eventuality for many months. The following actions have already been taken:


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1. The Mayor and CEO have been participating in a Regional LIC with the Cities of Melville and Kwinana since late 2013 (note that the Town of East Fremantle joined later and City of Cockburn until the formal announcements had been made, declined to participate);

2. An MOU was signed by the Cities of Fremantle, Melville and Kwinana, and the Town of East Fremantle that agreed cooperation and transparency in the implementation of reform;

3. An assessment has been made of the current organisational structure to determine its suitability for the larger City of Fremantle, with some changes being made after briefing of elected members in September. The new structure is effective from 1 December 2014;

4. A steering committee has been formed that consists of the CEO, Director of Community Development, Communications Coordinator, and now the Acting CEO of the Town of East Fremantle. The Senior Management Group also provides an oversight role;

5. A number of Technical Teams have been formed to undertake the detailed work required to ensure services in each of the service areas are maintained and managed effectively post 1 July 2015. The teams are led by the City of Fremantle and include representatives from the Town of East Fremantle;

6. A change management plan has been drafted by the steering committee (yet to be finalised);

7. An internal communications strategy has been drafted by the steering committee;

8. Discussions have been ongoing with the Town of East Fremantle;

9. Discussions with the City of Melville and Town of Kwinana have ensured that there is alignment in the methodology for implementation;

10. Terms of Reference for the LIC with East Fremantle are being drafted and will be finalised at the first meeting of the LIC (planned for 5 December) before being formally adopted by both Councils in December;

11. A project plan is also currently being drafted, suitable for submission for funding early in 2015 once the result of any poll is known.

Now that there is a high degree of certainty about the outcome of reform, attention now needs to be turned to implementation. An effective implementation will ensure minimal disruption to the community in respect to the services provided, and minimal disruption to the respective organisations’ operations.


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WALGA, the Department of Local Government, and Local Government Managers Australia have jointly prepared a reform toolkit as a guide for local government. The toolkit is an on-line toolkit designed to assist local governments through the many and complex tasks associated with this reform. The Department has also more recently published two additional guidance documents - one that focus on staff arrangements and the other on the transfer of assets and liabilities.

The steering committee is using all of these tools, as well as some reference documents from councils that recently went through the same process in Queensland to prepare our program for effective implementation.

Governance Arrangements

The Department of Local Government has already put a governance framework in place that elected members will be aware of, for merging local governments. Those arrangements see LIC’s established for each merging arrangement (whether by amalgamation or boundary adjustment) with an oversight body known as “MetRIC” (Metropolitan Reform Implementation Committee). MetRIC membership consists of Department, WALGA, and LGMA representation plus a nominee from each LIC. MetRIC has been in operation since early 2014.

Until recently, as noted above, the City of Fremantle has been a member of a Regional LIC with Kwinana and Melville and each of these local governments has been represented by their respective Mayors on MetRIC. However, now that the shape of reform is clear the current arrangements need to be reviewed.

Local Implementation Committee The Local Government Reform Toolkit (the Toolkit) provides for a LIC to oversee the reform process. A LIC will need to be formed to oversee the planning and implementation of a transition plan as well as the integrated plans and budget for the new local government. The LIC will not have executive powers or authority to implement actions in areas over which the CEO has legislative responsibility and will not have any delegated authority or decision making powers. The LIC will not have any management functions and cannot involve itself in management processes or procedures; however it will have a strategic leadership overview to ensure the best interests of the communities are represented. The LIC terms of reference will be developed using the examples provided in the Toolkit and endorsed by each local government. At this stage Council is simply requested to nominate the Mayor and Deputy Mayor as the City of Fremantle representatives on the LIC. It should be noted that a LIC is not required for those areas that are being boundary adjusted into the new City of Fremantle. Negotiations can occur between the respective parties for the transfer of assets and liabilities, but the Fremantle/East Fremantle LIC will be responsible for determining service levels appropriate for those areas and will need to consult with those communities through the process.


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Scope of the LIC Decisions will need to be made that determine interim arrangements about the level of services to be provided by the new entity. These decisions will need to be made by agreement through the Local Implementation Committee (LIC) and ultimately adopted by both Councils. There are a number of differences in the service levels provided by each of the local governments affected by the amalgamation of Fremantle and East Fremantle and the inclusion of suburbs from both the City of Melville and the City of Cockburn that need to be resolved. Examples of service level differences that have been identified to date include (but not limited to):

• Waste and recycling collections provided and frequency of service • Bulk rubbish collections type and frequency of service • Verge mowing is provided in East Fremantle • Tip passes are provided in Cockburn • Mobile security patrols are provided in Melville and Cockburn • Resident parking passes are provided in Fremantle for the CBD • Provision of subsidised services such as HACC vary across each local government

Additionally other matters will need decisions such as:

• Application for, and administration of, any government funding made available as part of the reform process

• Ward boundaries • Budget recommendations including matters such as:

- normalising rates - normalising fees and charges

• Brand matters, including signage, logo etc • Website development • Staff arrangements • Distribution of assets and liabilities • Future of SMRC • Future of SWG • Potentially some capital works • Application and normalisation of Local Laws • Use of assets, such as East Fremantle Town Hall • Community engagement (precincts) • Property leases including sports clubs and community groups

Again, these decisions will be made by the respective council’s after the LIC has assessed and agreed, and provided advice to each council.


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Financial Nil – this report deals with governance arrangements and has little or no financial impact on the city’s budgets. Legal There are a number of provisions in the Local Government Act that apply to the amalgamation process and it is important that any provisions are adhered to. Operational There will be significant additional impacts on operations as we move to implementing the amalgamation and the boundary adjustments. The state government funding for this process, whilst not known specifically for Fremantle, is seemingly inadequate to meet these additional costs – especially the cost of existing staff undertaking tasks associated with the reform. Nonetheless the reform will proceed, unless there is a successful poll in East Fremantle or a successful legal challenge to the process. The city must therefore get on with task in a timely manner to ensure minimal disruption to residents and ratepayers as we transition to a new entity. Organisational Organisational impacts are discussed through the report, particularly as it relates to governance arrangements at the council level. CONCLUSION

The government’s announcement about local government reform in the Perth metropolitan area on 22 October is the most significant reform of local government in this state since its inception over 100 years ago. The announcement as it relates to the City of Fremantle is welcomed by the City as it reflects the proposal submitted in October 2013 by the City. Given that the government is supporting the reform and has a stated objective for the new City of Fremantle to commence on 1 July 2015, it is now critical that we move into the implementation phase. This will involve the formation of a LIC with East Fremantle and entering into discussions with the Cities of Cockburn and Melville about transfer of services, assets and liabilities commensurate with the areas being transferred. STRATEGIC AND POLICY IMPLICATIONS

As discussed in the report PRECINCTS AND OTHER COMMITTEES RECOMMENDATIONS PLUS OTHER CONSULTATION

Nil


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VOTING AND OTHER SPECIAL REQUIREMENTS

Simple Majority Required OFFICER'S RECOMMENDATIONCOUNCIL DECISION

That Council:

1. Endorses the “Framework for Local Government Reform” document attached and the actions taken to date in preparation for the announced local government boundary reforms;

2. Support the formation of a Local Implementation Committee (LIC) with the Town of East Fremantle;

3. Appoints the Mayor and Councillor Wilson as members of the LIC;

4. Appoints Councillor Strachan as deputy member of the LIC; and

5. Notes that the Terms of Reference for the LIC will be presented to Council in December for adoption, following agreement from LIC members.



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CONFIDENTIAL MATTERS Nil. CLOSURE OF MEETING THE MAYOR, B PETTITT DECLARED THE MEETING CLOSED AT 8.57 PM.


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SUMMARY GUIDE TO CITIZEN PARTICIPATION & CONSULTATION

The Council adopted a Community Engagement Policy in December 2010 to give effect to its commitment to involving citizens in its decision-making processes. The City values community engagement and recognises the benefits that can flow to the quality of decision-making and the level of community satisfaction. Effective community engagement requires total clarity so that Elected Members, Council officers and citizens fully understand their respective rights and responsibilities as well as the limits of their involvement in relation to any decision to be made by the City.

How consultative processes work at the City of Fremantle

The City’s decision makers 1.

The Council, comprised of Elected Members, makes policy, budgetary and key strategic decisions while the CEO, sometimes via on-delegation to other City officers, makes operational decisions.

Various participation opportunities 2.

The City provides opportunities for participation in the decision-making process by citizens via itscouncil appointed working groups, its community precinct system, and targeted community engagement processes in relation to specific issues or decisions.

Objective processes also used 3.

The City also seeks to understand the needs and views of the community via scientific and objective processes such as its bi-ennial community survey.

All decisions are made by Council or the CEO 4.

These opportunities afforded to citizens to participate in the decision-making process do not include the capacity to make the decision. Decisions are ultimately always made by Council or the CEO (or his/her delegated nominee).

Precinct focus is primarily local, but also city-wide

5.

The community precinct system establishes units of geographic community of interest, but provides for input in relation to individual geographic areas as well as on city-wide issues.

All input is of equal value 6.

No source of advice or input is more valuable or given more weight by the decision-makers than any other. The relevance and rationality of the advice counts in influencing the views of decision-makers.

Decisions will not necessarily reflect the majority view received

7.

Local Government in WA is a representative democracy. Elected Members and the CEO are charged under the Local Government Act with the responsibility to make decisions based on fact and the merits of the issue without fear or favour and are accountable for their actions and decisions under law. Elected Members are accountable to the people via periodic elections. As it is a representative democracy, decisions may not be made in favour of the majority view expressed via consultative processes. Decisions must also be made in accordance with any statute that applies or within the parameters of budgetary considerations. All consultations will clearly outline from the outset any constraints or


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limitations associated with the issue.

Decisions made for the overall good of Fremantle

8.

The Local Government Act requires decision-makers to make decisions in the interests of “the good government of the district”. This means that decision-makers must exercise their judgment about the best interests of Fremantle as a whole as well as about the interests of the immediately affected neighbourhood. This responsibility from time to time puts decision-makers at odds with the expressed views of citizens from the local neighbourhood who may understandably take a narrower view of considerations at hand.

Diversity of view on most issues 9.

The City is wary of claiming to speak for the ‘community’ and wary of those who claim to do so. The City recognises how difficult it is to understand what such a diverse community with such a variety of stakeholders thinks about an issue. The City recognises that, on most significant issues, diverse views exist that need to be respected and taken into account by the decision-makers.

City officers must be impartial 10.

City officers are charged with the responsibility of being objective, non-political and unbiased. It is the responsibility of the management of the City to ensure that this is the case. It is also recognised that City officers can find themselves unfairly accused of bias or incompetence by protagonists on certain issues and in these cases it is the responsibility of the City’s management to defend those City officers.

City officers must follow policy and procedures

11.

The City’s community engagement policy identifies nine principles that apply to all community engagement processes, including a commitment to be clear, transparent, responsive , inclusive, accountable andtimely. City officers are responsible for ensuring that the policy and any other relevant procedure is fully complied with so that citizens are not deprived of their rights to be heard.


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Community engagement processes have cut-off dates that will be adhered to.

12.

As City officers have the responsibility to provide objective, professional advice to decision-makers, they are entitled to an appropriate period of time and resource base to undertake the analysis required and to prepare reports. As a consequence, community engagement processes need to have defined and rigorously observed cut-off dates, after which date officers will not include ‘late’ input in their analysis. In such circumstances, the existence of ‘late’ input will be made known to decision-makers. In most cases where community input is involved, the Council is the decision-maker and this affords community members the opportunity to make input after the cut-off date via personal representations to individual Elected Members and via presentations to Committee and Council Meetings.

Citizens need to check for any changes to decision making arrangements made

13.

The City will take initial responsibility for making citizens aware of expected time-frames and decision making processes, including dates of Standing Committee and Council Meetings if relevant. However, as these details can change, it is the citizens responsibility to check for any changes by visiting the City’s website, checking the Fremantle News in the Fremantle Gazette or inquiring at the Customer Service Centre by phone, email or in-person.

Citizens are entitled to know how their input has been assessed

14.

In reporting to decision-makers, City officers will in all cases produce a community engagement outcomes report that summarises comment and recommends whether it should be taken on board, with reasons.

Reasons for decisions must be transparent 15.

Decision-makers must provide the reasons for their decisions.

Decisions posted on the City’s website 16.

Decisions of the City need to be transparent and easily accessed. For reasons of cost, citizens making input on an issue will not be individually notified of the outcome, but can access the decision at the City’s website under ‘community engagement’ or at the City Library or Service and Information Centre.


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Issues that Council May Treat as Confidential Section 5.23 of the new Local Government Act 1995, Meetings generally open to the public, states: 1. Subject to subsection (2), the following are to be open to members of the public -

a) all council meetings; and b) all meetings of any committee to which a local government power or duty has

been delegated.

2. If a meeting is being held by a council or by a committee referred to in subsection (1) (b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

a) a matter affecting an employee or employees; b) the personal affairs of any person; c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; e) a matter that if disclosed, would reveal –

i) a trade secret; ii) information that has a commercial value to a person; or iii) information about the business, professional, commercial or financial

affairs of a person. Where the trade secret or information is held by, or is about, a person other than the local government.

f) a matter that if disclosed, could be reasonably expected to - i) impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

ii) endanger the security of the local government’s property; or iii) prejudice the maintenance or enforcement of a lawful measure for

protecting public safety.

g) information which is the subject of a direction given under section 23 (Ia) of the Parliamentary Commissioner Act 1971; and

h) such other matters as may be prescribed.

3. A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.


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MINUTES ATTACHMENTS

Ordinary Meeting of Council

Wednesday, 26 November 2014, 6.00 pm

Minutes Attachments - Ordinary Meeting of Council 26 November 2014

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