ordinary council meeting standard - city of gosnells · 24 september 2013 ordinary council meeting...

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ORDINARY COUNCIL MEETING8 OCTOBER 2013

TABLE OF CONTENTS - MINUTES

Item Report Title Page No.

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS/DISCLAIMER...................................................................................1

2. RECORD OF ATTENDANCE............................................................................23. DISCLOSURE OF INTEREST...........................................................................24. ANNOUNCEMENTS BY THE PRESIDING MEMBER......................................25. REPORTS OF DELEGATES.............................................................................36. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OF

PUBLIC STATEMENTS.....................................................................................36.1 QUESTION TIME...................................................................................46.2 PUBLIC STATEMENTS.........................................................................8

7. CONFIRMATION OF MINUTES........................................................................98. RECEIVING OF PETITIONS AND PRESENTATIONS.....................................99. APPLICATIONS FOR LEAVE OF ABSENCE .................................................1010. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN..........................1011. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE

IN THE PUBLIC GALLERY .............................................................................1013.4.5 STARTING NEW AT GOLF (SNAG) - OBJECTION TO

THE CITY'S DECISION NOT TO GRANT A PERMIT ...........1112. REPORTS OF COMMITTEE MEETINGS.......................................................1613. REPORTS .......................................................................................................17

13.1 CHIEF EXECUTIVE OFFICE...............................................................1713.2 COMMUNITY ENGAGEMENT ............................................................17

13.2.1 DRAFT CITY OF GOSNELLS DISABILITY ACCESS INCLUSION PLAN 2014-2018 ...............................................17

13.3 CORPORATE SERVICES ...................................................................1913.3.1 BUDGET VARIATIONS .........................................................19

13.4 INFRASTRUCTURE ............................................................................2113.4.1 TENDER 30/2013 - THORNLIE LIBRARY AIR

CONDITIONING.....................................................................2113.4.2 TENDER 34/2013 - KENWICK AND DISTRICTS

RECREATION CENTRE ROOF AND WALL CLADDING REPLACEMENT.................................................23

City of GosnellsOrdinary Council Meeting Minutes 8 October 2013

Item Report Title Page No.

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13.4.3 PROPOSED LEASE OF PART LOT 13 MURDOCH DRIVE, THORNLIE (DON RUSSELL PERFORMING ARTS CENTRE) TO VODAFONE NETWORK PTY LIMITED .................................................................................26

13.4.4 PROPOSED LEASE OF PART LOT 80 ROYAL STREET, KENWICK (KENWICK AND DISTRICTS RECREATION CENTRE) TO THE FEDERATION OF WA POLICE AND COMMUNITY YOUTH CENTRES INC. ........................................................................................28

13.4.5 STARTING NEW AT GOLF (SNAG) - OBJECTION TO THE CITY'S DECISION NOT TO GRANT A PERMIT (ITEM BROUGHT FORWARD - REFER TO ITEM 11) .........31

13.5 PLANNING AND SUSTAINABILITY ....................................................3213.5.1 DEDICATION AS ROAD - LOT 2010 ON DIAGRAM

32259 (RESERVE 28071), LOT 66 ON DIAGRAM 51447 AND LOT 5020 ON DEPOSITED PLAN 38350 (RESERVE 50784) WITHIN GOSNELLS K OUTLINE DEVELOPMENT PLAN..........................................................32

13.5.2 DEVELOPMENT APPLICATION - 15 GROUPED DWELLINGS - 57 (LOT 72) HOLMES STREET, SOUTHERN RIVER ...............................................................36

13.6 GOVERNANCE....................................................................................4314. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...................4315. URGENT BUSINESS ......................................................................................4316. CONFIDENTIAL MATTERS ............................................................................4317. CLOSURE .......................................................................................................43


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Minutes of the Ordinary Council Meeting held in the City of Gosnells Civic Centre Council Chambers, 2120 Albany Highway, Gosnells on Tuesday 8 October 2013.

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS/DISCLAIMER

The Mayor declared the meeting open at 7.30pm and welcomed members of the public present in the public gallery, Councillors and staff.

1.1 DISCLAIMER

The Mayor read aloud the following statement:

Members of the public are cautioned against taking any action on Council decisions, on items on this evening’s Agenda in which they may have an interest, until such time as they have seen a copy of the Minutes of the meeting or have been advised in writing by City staff.

1.2 RECORDING OF COUNCIL MEETINGS

Please take notice that all Council Meetings are digitally recorded, with the exception of Confidential Agenda Items (in accordance with Section 5.23(2) of the Local Government Act 1995) during which time recording will cease.

Following publication and distribution of the meeting minutes to Elected Members the digital recording will be available in the following formats, for purchase at a fee adopted by Council annually:

Digital recordings CD ROM (complete with FTR Reader) for use on a Personal Computer; or

Audio recordings CD ROM for use on a CD player or DVD player.

For further information please contact the Governance Administration Officer on 9397 3012.

I ________________________________________ (THE PRESIDING MEMBER) CERTIFY THAT THESE MINUTES WERE CONFIRMED BY THE COUNCIL OF THE CITY OF GOSNELLS ON __________________________.


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2. RECORD OF ATTENDANCE

ELECTED MEMBERS

MAYOR CR D GRIFFITHSDEPUTY MAYOR CR R MITCHELL

CR W BARRETTCR J BROWNCR T BROWNCR G DEWHURSTCR R HOFFMANCR S IWANYKCR K JONESCR R LAWRENCECR O SEARLE

STAFF

CHIEF EXECUTIVE OFFICER MR I COWIEDIRECTOR COMMUNITY ENGAGEMENT MS A COCHRANACTING DIRECTOR CORPORATE SERVICES MS P CAMPBELLDIRECTOR INFRASTRUCTURE MR D HARRISDIRECTOR PLANNING & SUSTAINABILITY MR C TERELINCKDIRECTOR GOVERNANCE MR G BRADBROOKMINUTE CLERK MRS S OMOND

PUBLIC GALLERY 18

2.1 APOLOGIES

Nil.

2.2 LEAVE OF ABSENCE

Nil.

3. DISCLOSURE OF INTEREST

Cr R Mitchell declared an Impartiality Interest in Item 13.4.4, "Proposed lease of Part Lot 80 Royal Street, Kenwick (Kenwick and Districts Recreation Centre) to The Federation of WA Police and Community Youth Centres Inc.".Reason: Member of the PCYC Committee.

4. ANNOUNCEMENTS BY THE PRESIDING MEMBER(without discussion)

The Mayor advised Council that Mr George Gay, a long standing resident of the City of Gosnells recently passed away. His funeral will be held on 9 October 2013.


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5. REPORTS OF DELEGATES(without discussion)

Cr J Brown, as a member of the Armadale Health Service Community Advisory Council, provided the Council with the following information in relation to the emergency department at Armadale Hospital.

The vinyl floor in the emergency department is being stripped and replaced, this will occur from 12 January 2014 and take approximately 12 weeks;

It is expected that hoardings will be installed to stop noise, however the noise and dust, as well as the glue to affix the vinyl will have an affect;

The work at the emergency department will be done in five stages and a large public relations campaign will occur to advise the public what is happening.

Cr J Brown also stated that on behalf of the Council, she would be attending the funeral of Mr George Gay at Karrakatta Cemetery on Wednesday 9 October 2013.

6. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OF PUBLIC STATEMENTS

A period of 15 minutes is allocated for questions with a further period of 15 minutes provided for statements from members of the public. To ensure an equal and fair opportunity is provided to address Council, a period of 3 minutes per speaker is allowed.

The person's speaking right is to be exercised prior to any matter which requires a decision to be made at the meeting.

Questions and statements are to be –

a) Presented in writing on the relevant form to the Chief Executive Officer prior to commencement of the meeting; and

b) Clear and concise.

QUESTIONS TAKEN ON NOTICE AT PREVIOUS MEETINGS AWAITING RESPONSE

Nil.

RESPONSES TO QUESTIONS TAKEN ON NOTICE AT PREVIOUS MEETINGS

24 September 2013 Ordinary Council Meeting

Mr Ken Farquhar of 10/11 Firetail Place, Kenwick asked the following question at the 24 September 2013 Ordinary Council Meeting:

Q2 Is the Mr Ken Panici-Allen who is one of the seven candidates endorsed by the Mayor for the October elections, the same Mr Panici-Allen who was asked to resign from the RoadWise Committee because of failure to attend meetings?


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Response: In reply to Mr Farquhar the Director Governance provided the following written response on 27 September 2013.

"During public question time at the City of Gosnells Council meeting held on 24 September 2013, you asked whether Mr Ken Panici-Allen who has nominated as a candidate in the City of Gosnells 2013 Elections was the same Mr Panici-Allen who had previously been asked to resign from the City of Gosnells Roadwise Committee due to his failure to attend meetings.

I wish to advise that at its meeting held on 8 March 2011, Council resolved to terminate Mr Panici-Allen's membership of the City of Gosnells Roadwise Committee due to his lack of attendance at meetings.

Should you have any queries in relation to this matter please do not hesitate to contact me on 9397 3010."

6.1 QUESTION TIME

Question Time for the Public commenced at 7.33pm.

Mrs Glenis Tomic of 49 River Avenue, Maddington asked the following questions:

Q1 As the results from Maddington Outline Development Plan Contribution Arrangement were over 2/3's against the current proposal, when will the amended proposal and costing's be available for public comment?

Response The Director Planning and Sustainability advised that after the close of the submission period the City had received numerous detailed submissions. The people who made submissions were advised that Council would consider the results of the submission period by the end of the year; as such the City is still working toward this.

Q2 Will Council consider reducing the pricing for the current system for emptying bins and the costs associated as there are many single people who don’t need their bins emptied weekly? For example, a sticker could be put onto the bins that only get emptied every second time and the owner only pay ½ prices in their rates to reduce costs.

Response The Director Infrastructure advised that the City has previously looked at the option of trialling smaller bins for putrescible waste, however the City could not secure community support for the trial.


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The City's waste collection service is based on the use of 240 Litre bins collected weekly and any change to that system would need to be considered on a City wide basis.

Different collection arrangements are something the City could consider, but it would have to be considered in the overall context of the waste management strategy.

Mr Leon Walker of 27/99 Stafford Road, Kenwick asked the following questions:

Q1 If the Mayor was convicted by a court for an offence, or offences, under sections 4.85 and 4.88 of the Local Government Act 1995, and sentenced to imprisonment, would he be eligible to resume his seat on the Council on his release from prison?

Response The Chief Executive Officer advised that the Local Government Act states that if a Councillor goes to prison, they are disqualified from being a member of Council. A person cannot "resume" their position on Council once disqualified.

Q2 If the court of disputed returns was to declare the October election invalid, what would be the consequences to the City, particularly in terms of cost?

Response The Chief Executive Officer stated that the Court of Disputed Returns generally deals with complaints about individual candidates, rather than a whole election. Furthermore, I cannot recall any instance where a whole election has been declared invalid, particularly as the elections are run by the state government body, the Western Australian Electoral Commission.

Mr Ian Tomic of 49 River Avenue, Maddington asked the following questions:

Q1 Has there been any input by the City of Gosnells planning and implementation department and Claymont to allow advertising to happen as these roads supposedly have not yet been approved by the City of Gosnells as there is so much public opposition to these potential new roads?

Response The Director Planning and Sustainability advised that developers often advertise land and they don’t obtain they City's approval or endorsement to do that, and they are not required to do so. As such, Claymont does not have the City's endorsement to advertise anything at the moment.


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Q2 As these new roads are primarily there to access Claymont's new subdivision, why are Claymont not building or paying for these roads themselves? I ask, not just to answer this question, but it is in a similar way to a question that I asked over a month ago and for him to say yes it is a good question and he will look into, but I still have no answers to the first set of questions. So I would like a firm answer to this question, why are Claymont not building or paying for these roads themselves as people in the area, do not want to pay for land developers new roads?

Response The Director Planning and Sustainability advised that he would review the Council meeting minutes to ensure that no questions are outstanding.

In terms of the road system around the Claymont land holding, as was foreshadowed in the pre-amble to the question, a decision has yet to be made in regard to the form of the roads or how they will be funded. As such an answer cannot be provided as the direction has not been adopted by Council.

In terms of the Claymont land holding proposed internal roads, Claymont has previously indicated that these roads would be private roads and paid for by Claymont.

In terms of the surrounding roads, the Council will consider this when it considers the results of the advertising period, which is likely to be done by the end of the year. This is a substantial part of the financial burden of the ODP.

Mr Ken Farquhar of 10/11 Firetail Place, Kenwick asked the following questions:

Q1 Mr David Goode, one of the seven candidates endorsed by the Mayor for the October election, says in his profile posted on the City's website, that he loves working from his Thornlie home office. Does he have the City's approval for this?

Response The Director Governance stated that Mr Goode does not need planning approval to operate a home office, as a home office is exempt from the requirement to obtain planning approval under the City's Town Planning Scheme.

Q2 I have been advised that Mr Peter Griffiths, one of the seven candidates on the Mayor's ticket for the October election, has a conviction or convictions for assault. Does Mr Peter Griffiths, in fact, have a conviction or convictions for assault?


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Response The Chief Executive Officer advised that an answer to the question would need to be sought from the candidate.

Mrs Sandra Baraiolo of 19 Victoria Road, Kenwick asked the following questions:

Q1 Is it true that on the 1st October 2013 at 10:33am, a Compliance Officer trespassed through two sets of locked padlocked gates to allegedly re-inspected my property to confirm if a small sea container which is 3.2 metres by 2.4 metres is still here?

I find this to be highly impossible for the simple reason the sea container is located 75 metres behind my house, and not visible from the road, to physically see the sea container he would have had to jumped over two sets of locked padlocked gates with 2 dogs running free. Had he entered the property he would have been hurt, in addition there are signs on both of my locked gates clearly stating no admittance to this property, admittance is by appointment and invitation only. Or did the Compliance Officer use near maps or the like to do visual aerial surveillance on my property? In addition, it's not a sea container that is located on my property.

Response The Director Governance advised that he would take the question on notice and provide a response in writing.

Q2 Does my neighbour located at 15 Victoria Road, Kenwick have planning permission for the 2 sea containers which are 12.4 metres by 2.4 metres to be on his property? As its been suggested he has planning permission which I don’t think is correct as I have not received a planning notice for submission.

Response The Director Governance advised that he would take the question on notice and provide a response in writing.

Ms Cynthia Keith of 33 Dudley Road, Kenwick asked the following question:

Q1 Are you aware or are you the author of a letter being delivered to properties in the MKSEA area urging owners to vote for 7 nominated candidates endorsed by you for the election?

Response The Mayor advised that he was not the author of the letter, nor did he authorise the publication of the letter.


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Notation

The Mayor announced that the period for receiving of questions and public statements had expired with Cr G Dewhurst moving the following motion to enable an extension of time:

COUNCIL RESOLUTION

420 Moved Cr G Dewhurst Seconded Cr R Hoffman

That an extension of time be granted for the receiving of questions and statements from the public.

CARRIED 11/0FOR: Cr W Barrett, Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr S Iwanyk, Cr K Jones,

Cr R Lawrence, Cr R Mitchell, Cr O Searle and Cr D Griffiths.

AGAINST: Nil.

As Council resolved to extend time, the Mayor invited Ms Sandra Baraiolo back to the microphone to ask her remaining questions:

Mrs Sandra Baraiolo of 19 Victoria Road, Kenwick asked the following question:

Q3 Would the City of Gosnells consider having security to escort people from the building after question time?

Response The Mayor advised that the matter would be reviewed.

Question Time for the Public concluded at 7.51pm.

6.2 PUBLIC STATEMENTS

Public Statement Time commenced at 7.51pm.

6.2.1 Ms Justine Mamootil of 14 Stills Avenue, Harrisdale made a statement in relation to Item 13.4.5 "Starting New at Golf (SNAG) - Objection to the City's Decision Not to Grant a Permit".

Ms Mamootil requested that the Council take careful consideration regarding the decision they make and to make their decision based on the facts presented rather than presumptions. Further Ms Mamootil advised the various reserves that she anticipates could be used for this new program.

Notation

7.55pm - Cr G Dewhurst left the meeting.7.56pm - Cr G Dewhurst returned to the meeting.


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6.2.2 Mr Leon Walker of 27/99 Stafford Road, Kenwick made a statement in relation to the upcoming City of Gosnells Local Government Election:

Mr Walker encouraged everyone involved in the process of electing a new Mayor for the City of Gosnells to consider the skills, attributes and experience of the nominees when deciding who to elect to the position of Mayor.

Public Statement Time concluded at 7.57pm.

7. CONFIRMATION OF MINUTES

STAFF RECOMMENDATION (1 OF 2) AND COUNCIL RESOLUTION

421 Moved Cr J Brown Seconded Cr T Brown

That the Minutes of the Ordinary Council Meeting held on 24 September 2013, as published and distributed be confirmed as an accurate record.



AGAINST: Nil.


422 Moved Cr J Brown Seconded Cr T Brown

That the Minutes of the Special Council Meeting held on 3 October 2013, as published and distributed be confirmed as an accurate record.



AGAINST: Nil.

8. RECEIVING OF PETITIONS AND PRESENTATIONS

Petitions and Presentations are made in accordance with the requirements outlined in the City of Gosnells Standing Orders Local Law 2012.

Copies of petitions and any items tabled must be provided to the Chief Executive Officer immediately following completion of the submission.

Nil.


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9. APPLICATIONS FOR LEAVE OF ABSENCE

Clause 4.10 of the City of Gosnells Standing Orders Local Law 2012 states:

“(1) A Member seeking the Council’s approval to take leave of absence shall give written notice to the CEO prior to the commencement of the meeting.

(2) The notice referred to in subclause (1) shall include the period of leave of absence required and the reasons for seeking the leave”.

Nil.

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN(without discussion)

Nil.

11. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY

For the convenience of the public gallery, Council may resolve to bring forward any matter that has been raised during Item 6 ‘Question Time for the Public and the Receiving of Public Statements’, Item 8 ‘The Receiving of Petitions, Deputations and Presentations’ or any other minutes item known to be of interest to the public in attendance [Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012].

COUNCIL RESOLUTION

423 Moved Cr K Jones Seconded Cr O Searle

That for the convenience of the Public Gallery, the following item be brought forward to this point of the meeting for discussion:

Item 13.4.5 Starting New At Golf (SNAG) - Objection to the City's Decision Not to Grant a Permit.



AGAINST: Nil.


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13.4.5 STARTING NEW AT GOLF (SNAG) - OBJECTION TO THE CITY'S DECISION NOT TO GRANT A PERMIT

Author: D HarrisAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: 13.4.5A Letter and supporting information

PURPOSE OF REPORT

For Council to consider an objection to the City's decision to not grant a permit for the SNAG® golf program to be conducted on reserves within the City.

BACKGROUND

Under Section 9.1 of the Local Government Act 1995 when a local government makes a decision whether or not it will grant a person an authorisation under any local law, the affected person has a right to object to, and to seek a review of the decision.

In a letter dated 22 August 2012, Justine Mamootil of Par 3 Indoor Golf sought a permit under the City of Gosnells Local Government Property Local Law to conduct a program called SNAG® (Starting New at Golf) on local parks within the City of Gosnells.

The following information was provided in support of the application:

"SNAG® contains all the elements of golf but in a modified form. Falling somewhere between miniature golf and regulation golf. SNAG® allows for full shots, pitching, chipping and putting. It is a proven learning and training tool for entry level golfers.

The program costs vary, depending on the intensity of the program. However, the costs generally work out to an average of $4 per student, per lesson.

The appropriate age group for SNAG® is K to 7 years. It is important to note that the equipment uses tennis balls which are weighted to reduce distance in flight. It is very similar to that of cricket. The balls are always launched from a launch mat, therefore never impacting on the grass itself.

As part of the program process it is our intention to hold after school sessions at a few of our local parks. However, under Local Laws I am prohibited."

The following was the City's response to this request:

"While Council can determine that certain areas are set aside for the playing of golf this would only be areas that are specifically constructed for that purpose such as golf courses and/or driving ranges. All areas within the City have been developed to accommodate various sporting activities and are maintained for that purpose. There is a strong demand for the use of the City's reserves for active playing space and at present the City is struggling to meet that demand given the growing population.


Item 13.4.5 Continued

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While the City can appreciate that there may be minimal or no damage or liability risk from the activity proposed, there could be a community perception that if we allow one form of golf, other forms of golf are permitted, thereby placing greater pressure than that already existing on our Ranger services to police the situation.

The information provided suggests that the SNAG® program is aimed at school aged children as an after school activity. Given the demographic that you are targeting and the strong link to school based activity it is suggested that an approach be made to use school grounds to conduct the activity. Most if not all schools within the City would have sufficient space to accommodate the SNAG® program whereas the City's active reserves need to accommodate training for junior sports.

Based on current demands for active sporting space and potential policing problems outlined above the City cannot accede to your request for an exemption to the Local Law."

DISCUSSION

Ms Mamootil, in a letter dated 18 September 2013, has lodged an appeal against the City's decision to disallow a permit for SNAG®. A copy of the letter and supporting information is included as Appendix 13.4.5A.

Under the City of Gosnells Local Government Property Local Law 2009 Council may make a determination to set aside specific local government property for particular pursuits, one being the playing or practice of golf.

Under clause 1.10 of Schedule 2 of the Local Law Council has determined that;

"A person shall not play at or practice golf on any local government property except where a permit specifies a particular local government property."

In the past the City has had issues with not only residents practising golf in reserves and causing surface damage but also with respect to wilful damage to sprinklers. The concern the City has is that encouraging the use of the City's reserves as a training ground for golf could lead to an acceptance that these reserves are an appropriate venue to start swinging normal golf clubs which would likely result in an increase in damage and public liability issues.

The City should and does support increased recreational activity in many ways and acknowledges that SNAG® has a number of benefits. However given that it was originally canvassed as an after school activity it is felt that the many schools within the City would have a range of suitable venues in a controlled environment. Most, if not all, of the City's active reserves are fully utilised for junior sport training at the conclusion of the normal school day.

The Council is obliged to deal with the objection and should Council dismiss the objection, the affected person may apply to the State Administrative Tribunal for a review of the Council's decision.

The options available to Council in dealing with this objection are:



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1. Dismiss the objection; or

2. Resolve that a permit be granted to allow the SNAG® program on specific reserves throughout the City with conditions.

It will be recommended that Council dismiss the objection based on the issues highlighted within this report.

FINANCIAL IMPLICATIONS

If the objection is dismissed then there would be no financial implications and if a permit is granted the City would receive hire fees for whatever reserve was used.

STATUTORY IMPLICATIONS

City of Gosnells Local Government Property Local Law 2009

Sections 9.1 and 9.9 Local Government Act 1995.

VOTING REQUIREMENTS

Simple Majority required.

STAFF RECOMMENDATION

Moved Cr S Iwanyk Seconded Cr R Mitchell

That Council dismisses the objection from J Mamootil of Par 3 Indoor Golf, Unit 5A, 5 Hughes Street Canning Vale to the City's decision to not grant a permit for the SNAG® golf program to be conducted on reserves for the following reasons:

1. The SNAG® program may encourage residents to practice golf on the City's reserves with potential consequences for public safety and damage to reserves;

2. The City's reserves are fully utilised for junior sport training after school and additional bookings cannot be accommodated.



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Foreshadowed Motion (1)

During debate Cr W Barrett foreshadowed that he would move the following motion if the motion under debate was defeated:

“That Council, in accordance with Section 9.6(4) of the Local Government Act 1995:

1. Revokes the decision objected to by Mrs Mamootil of Par 3 Indoor Golf to refuse her a permit to conduct the SNAG program on the City's reserves;

2. Refers Mrs Mamootil's request for a permit to conduct the SNAG program on the City's reserves to the Director Infrastructure with a direction that Mrs Mamootil be granted a permit to conduct the SNAG program on appropriate passive reserves within the City with those reserves and conditions of use to be determined at the discretion of the Director."

Cr W Barrett provided the following written reason for his foreshadowed motion:

“To acknowledge the health and social benefits associated with young people being engaged in active pursuits outside of school hours and the potential for the SNAG program to make a positive contribution to the local community in this regard”.

Foreshadowed Motion (2)

During debate Cr O Searle foreshadowed that she would move the following motion if the motion under debate was defeated:

“That Council, refer the item back to enable options to accommodate the SNAG program on the City's reserves to be discussed with the applicant.”

Cr O Searle provided the following written reason for her foreshadowed motion:

“Provides an opportunity to have a look at suitable reserves within the City”.

At the conclusion of debate the Mayor put the staff recommendation, which read:



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STAFF RECOMMENDATION LOST

Moved Cr S Iwanyk Seconded Cr R Mitchell

That Council dismisses the objection from J Mamootil of Par 3 Indoor Golf, Unit 5A, 5 Hughes Street Canning Vale to the City's decision to not grant a permit for the SNAG® golf program to be conducted on reserves for the following reasons:

1. The SNAG® program may encourage residents to practice golf on the City's reserves with potential consequences for public safety and damage to reserves;

2. The City's reserves are fully utilised for junior sport training after school and additional bookings cannot be accommodated.

LOST 1/10FOR: Cr D Griffiths.

AGAINST: Cr W Barrett, Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell and Cr O Searle.

Notation

As the staff recommendation was lost the Mayor invited Cr W Barrett to put his foreshadowed motion, which Cr R Hoffman seconded.

PROPOSED MOTION LOST

Moved Cr W Barrett Seconded Cr R Hoffman

That Council, in accordance with Section 9.6(4) of the Local Government Act 1995:

1. Revokes the decision objected to by Mrs Mamootil of Par 3 Indoor Golf to refuse her a permit to conduct the SNAG program on the City's reserves;

2. Refers Mrs Mamootil's request for a permit to conduct the SNAG program on the City's reserves to the Director Infrastructure with a direction that Mrs Mamootil be granted a permit to conduct the SNAG program on appropriate passive reserves within the City with those reserves and conditions of use to be determined at the discretion of the Director.

LOST 5/6FOR: Cr W Barrett, Cr G Dewhurst, Cr R Hoffman, Cr K Jones and Cr R Lawrence.AGAINST: Cr J Brown, Cr T Brown, Cr S Iwanyk, Cr R Mitchell, Cr O Searle and Cr D Griffiths.

As Cr W Barrett's proposed motion was lost the Mayor invited Cr O Searle to put her foreshadowed motion, which Cr T Brown seconded.



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COUNCIL RESOLUTION

424 Moved Cr O Searle Seconded Cr T Brown

That Council, refer the item back to enable options to accommodate the SNAG program on the City's reserves to be discussed with the applicant.

CARRIED 11/0FOR: Cr W Barrett, Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr S Iwanyk,

Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searle and Cr D Griffiths.

AGAINST: Nil.

12. REPORTS OF COMMITTEE MEETINGS

Nil.


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13. REPORTS

13.1 CHIEF EXECUTIVE OFFICE

Nil.

13.2 COMMUNITY ENGAGEMENT

13.2.1 DRAFT CITY OF GOSNELLS DISABILITY ACCESS INCLUSION PLAN 2014-2018

Author: H CasseyAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 11 May 2011 (Resolution 199)Appendix: 13.2.1A Draft Disability Access Inclusion Plan 2014/18

PURPOSE OF REPORT

To seek Council endorsement to advertise the draft City of Gosnells Disability Access Inclusion Plan (DAIP) 2014/18 for public comment.

BACKGROUND

The Western Australian Disability Services Act 1993requires public authorities to develop and implement a DAIP and to review the Plan every five years.

The purpose of a DAIP is to assist people with disability, their families and carers to have the same opportunities to access the City’sservices and events, access buildings and facilities, access information, receive the same quality of service, have the same opportunities to make complaints and to participate in consultationsas others.

The Disability Access Inclusion Plan (DAIP) 2014/18 is linked with the City of Gosnells Ten Year Community Plan Goal 3

“Provide Opportunities For All”

and with the associated Activity 3.1

‘Provide opportunities for specific community groups’

DISCUSSION

The City has made significant progress towards developing a more accessible and inclusive community during the life of the current DAIP 2008/13 and has provided broad based direction for organisational services and future planning.

The City’s current DAIP 2008/13 was endorsed by Council at the Ordinary Council Meeting held on 11 May 2011 (Resolution 199). The current Plan has undergone a review through public consultation by way of Public Notices in the Examiner and Comment newspapers, on the City’s website and a workshop attended by City Councillors, members of the community and local service providers.



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Feedback, suggestions and strategies to address access and inclusion barriers arising from this consultation has formed the framework for the draft DAIP 2014/18.

The draft DAIP 2014/18 encompasses the operations of the whole of the City of Gosnells and is built on the considerable achievements of the City to date. The draft DAIP was sent to Directors and Branch Managers for review and feedback, particularly in regard to the areas under their authority where they are the responsible officers. Where appropriate, the feedback and suggestions were considered and incorporated into the draft DAIP.

The Plan will provide a framework and allow the City to continue to identify and address access and inclusion barriers to members of the community.


The cost of advertising the draft DAIP for public comment can be accommodated within the City's Advertising and Promotions 2013/14 operating budget.


The Disability Services Act 1993 requires local governments to develop a Disability Access Inclusion Plan and review that plan every five years.

VOTING REQUIREMENTS


STAFF RECOMMENDATION AND COUNCIL RESOLUTION

425 Moved Cr J Brown Seconded Cr G Dewhurst

That Council endorse the draft City of Gosnells Disability Access Inclusion Plan 2014/18 attached (Appendix 13.2.1A) for the purpose of advertising for public comment for a period of 42 days by way of newspaper advertising, display on the City’s website, in City libraries and the Civic Centre, and forwarding to past members of the City of Gosnells Disability Access Inclusion Plan Reference Group.



AGAINST: Nil.


19

13.3 CORPORATE SERVICES

13.3.1 BUDGET VARIATIONSAuthor: F SullivanAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: Nil.

PURPOSE OF REPORT

To seek approval from Council to adjust the 2013/14 Municipal Budget.

BACKGROUND

Nil.

DISCUSSION

In accordance with Section 6.8 of the Local Government Act 1995 a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure:

Is incurred in a financial year before the adoption of the annual budget by the local government

Is authorised in advance by Council resolution

Is authorised in advance by the Mayor or President in an emergency.

Approval is therefore sought for the following budget adjustments for the reasons specified.


Account Number Type Account Description Debit$

Credit$

JL14-85077-3800-499 Increase Expenditure

Lachlan Road Footpath Construction - Capital Purchases

77,000

JL14-85077-1358-498 Increase Income

Lachlan Road Footpath Construction - Grants - Department of Transport

37,000

JL14-85077-2419-000 Increase Income

Lachlan Road Footpath Construction - Recreation & Culture Infrastructure Reserve

40,000

REASON:To allocate funds received from Grant and matching Municipal funding to project account. This is a grant from the Perth Bicycle Network for a 2.5 metre wide concrete path link on Lachlan Road near Thornlie Senior High School.JL12-10251-3800-261 Increase

ExpenditureTom Bateman Pavilion 1 Public Toilets - Capital Purchases

25,000



20

Account Number Type Account Description Debit$

Credit$

JL12-10223-3800-261 Increase Expenditure

Bickley Reservoir toilet refurbishment - Capital Purchases

13,600

JL12-10222-3800-261 Decrease Expenditure

Westfield Reserve toilet refurbishment - Capital Purchases

38,600

REASON:Underspend on Westfield Street Reserve public toilet is due to the fact that a large proportion of the planned renewal works was completed ahead of schedule under facility maintenance due to the high incidence of vandalism. Overspend to Bickley Reservoir toilet was due to extensive vandal damage after inspection to determine budget requirements. Underspend on Westfield will accommodate increased costs for Bickley Reservoir and a new project, not on the current budget, to refurbish Tom Bateman 1 public toilets this financial year.


Section 6.8 of the Local Government Act 1995.

VOTING REQUIREMENTS

Absolute Majority required.


426 Moved Cr R Hoffman Seconded Cr R Lawrence

That Council approve the following adjustments to the 2013/14 Municipal Budget:

Account Number Account Description Debit$

Credit$

JL14-85077-3800-499 Lachlan Road Footpath Construction – Capital Purchases

77,000

JL14-85077-1358-498 Lachlan Road Footpath Construction – Grants – Department of Transport

37,000

JL14-85077-2419-000 Lachlan Road Footpath Construction – Recreation & Culture Infrastructure Reserve

40,000

JL12-10251-3800-261 Tom Bateman Pavilion 1 Public Toilets - Capital Purchases

25,000

JL12-10223-3800-261 Bickley Reservoir toilet refurbishment - Capital Purchases

13,600

JL12-10222-3800-261 Westfield Reserve toilet refurbishment - Capital Purchases

38,600

CARRIED BY ABSOLUTE MAJORITY 11/0FOR: Cr W Barrett, Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr S Iwanyk, Cr K Jones,


AGAINST: Nil.


21

13.4 INFRASTRUCTURE

13.4.1 TENDER 30/2013 - THORNLIE LIBRARY AIR CONDITIONINGAuthor: R EdomAuthor’s Declaration of Interest:

Nil.


PURPOSE OF REPORT

To advise Council of submissions received in relation to Tender 30/2013 - Thornlie Library Air Conditioning and recommend the most advantageous tender for the purpose of awarding a contract.

BACKGROUND

Tenders were advertised in The West Australian newspaper on Wednesday 4 September 2013 and closed at 2pm on 19 September 2013 to select a contractor to replace the existing air conditioning system at Thornlie Library

Submissions were received from the following companies:

Company Name AddressCoolairAirconditioning Pty Limited 6/20 Buckingham Drive, Wangara WA 6065Express Appliance Services 41/182 Winton Road, Joondalup WA 6027Mechanical Project Management Pty Ltd 36 Beringarra Avenue, Malaga WA 6090

DISCUSSION

Tender submissions have been assessed by the evaluation panel against the evaluation criteria defined within the tender specification: Relevant Experience, Capacity to Deliver the Services,Service Delivery Plans indicating Methodology and the major criteria - price.

The following table details the assessment of each tender against the qualitative evaluation criteria as determined by the Panel.

Tenderer Relevant Experience

Capacity to Deliver the Services

Service Delivery

Plans indicating

Methodology

Total Qualitative

Score

Weighting 15% 15% 10% 40%CoolairAirconditioning Pty Limited 6 6 4 16

Express Appliance Services 3 3 2 8

Mechanical Project Management Pty Ltd 3 3 3 8



22

None of the tenders submitted by these three companies demonstrated an ability to meet the minimum requirements of this contract including relevant experience, capacity to deliver the services, key personnel and a suitable service delivery plan. Therefore the price components of the submissions were not assessed any further as their potential risk to the City was considered to be too great.

Based on the quality of the submissions received it will be recommended that the tender not be awarded.

The Director Infrastructure will proceed to seek three quotations from suitable air conditioning contractors with demonstrated relevant experience to deliver the services required at a fair market value. The selected contractor must demonstrate the ability to meet the minimum requirements and selection criteria specified in Tender 30/2013 - Thornlie Library Air Conditioning.


The estimated cost of this project is $220,000 and is included in the 2013/14 capital building renewal budget.


Section 3.57 (1) of the Local Government Act 1995 requires a local government to invite tenders before it enters a contract of a prescribed kind under which another person is to supply the goods or services.

Related to this, the Local Government (Functions and General) Regulations 1996 Regulation 11 requires tenders to be invited for certain contracts. However, sub- regulation (2)(c)(i) further qualifies that tenders do not have to be publicly invited according to the requirements of this Division if, within the last six months the local government has, according to the requirements of this Division, publicly invited tenders for the supply of the goods or services but no tender was submitted that met the tender specifications.

Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 allows a local government to decline to accept a tender.

VOTING REQUIREMENTS



427 Moved Cr J Brown Seconded Cr G Dewhurst

That Council in accordance with Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 declines to accept any tender received in relation to Tender 30/2013 - Thornlie Library Air Conditioning.



AGAINST: Nil.


23

13.4.2 TENDER 34/2013 - KENWICK AND DISTRICTS RECREATION CENTRE ROOF AND WALL CLADDING REPLACEMENT

Author: R EdomAuthor’s Declaration of Interest:

Nil.


PURPOSE OF REPORT

To advise Council of submissions received in relation to Tender 34/2013 - Kenwick and Districts Recreation Centre Roof and Wall Cladding Replacement and recommend the most advantageous tender for the purpose of awarding a contract.

BACKGROUND

The roof sheeting and concealed box gutters at the Kenwick and Districts Recreation Centre have had leaks that could not be rectified due to the construction of the roof. The scope of this tender will see the elimination of all box gutters and the simplification of the roof layout to eliminate any further roof leaks.

Tenders were advertised in The West Australian newspaper on Wednesday 28 August 2013 and closed at 2pm on 12 September 2013 for replacement of the roof and wall cladding at the Kenwick and Districts Recreation Centre with a requirement that the works be completed by the end of November.

Submissions were received from the following companies:

Company Name AddressCPD Group Pty Ltd 113 Kew Street, Welshpool, WA 6106GVM Solutions Pty Ltd 38 Jacqueline Drive, Thornlie, WA 6108Plan Constructions Pty Ltd 14 Amstel Corner, Madeley WA 6065PMC Roofing Pty Ltd 25 Timely Hostess Mews, Mariginiup WA 6078PRC Building Services Pty Ltd 699 Marshall Road, Malaga WA 6090Safeway Contracting Pty Ltd Unit 1 – 63 Gordon Road, Mandurah WA 6210

DISCUSSION

Tender submissions have been assessed by the Evaluation Panel against the evaluation criteria defined within the tender specification: Relevant Experience, Capacity to Deliver the Services, Service Delivery Plans indicating Methodology and the major criteria - price.

The lump sum costs of providing the service in accordance with the tender documentation are as follows:

Tenderer $

CPD Group Pty Ltd 237,318.40GVM Solutions Pty Ltd 275,000.00Plan Constructions Pty Ltd 234,000.00PMC Roofing Pty Ltd 162,500.00



24

Tenderer $PRC Building Services Pty Ltd 193,520.25Safeway Contracting Pty Ltd 222,978.20

The following table details the assessment of each tender against the qualitative evaluation criteria as determined by the Panel.

Tenderer Relevant Experience

Capacity to Deliver the Services

Service Delivery

Plans indicating

Methodology

Total Qualitative

Score

Weighting 20% 10% 10% 40%CPD Group Pty Ltd 16 6 8 30GVM Solutions Pty Ltd 12 8 8 28Plan Constructions Pty Ltd 16 8 6 30PMC Roofing Pty Ltd 16 8 8 32PRC Building Services Pty Ltd 16 6 8 30Safeway Contracting Pty Ltd 16 6 8 30

The following table details the assessment of each tender against the price submitted.

Tenderer PriceWeighting 60%CPD Group Pty Ltd 41GVM Solutions Pty Ltd 35Plan Constructions Pty Ltd 42PMC Roofing Pty Ltd 60PRC Building Services Pty Ltd 50Safeway Contracting Pty Ltd 44

The following table details the combined assessment of each tender against both qualitative criteria and price and ranks each tender.

Qualitative Criteria Price TotalTenderer

40% 60% 100%Overall Ranking

CPD Group Pty Ltd 30 41 71 5GVM Solutions Pty Ltd 28 35 63 6Plan Constructions Pty Ltd 30 42 72 4PMC Roofing Pty Ltd 32 60 92 1PRC Building Services Pty Ltd 30 50 80 2Safeway Contracting Pty Ltd 30 44 74 3

The submissions received were professional, satisfied the City's Occupational Health and Safety requirements, addressed the qualitative criteria and demonstrated the ability to provide the City with the required services.



25

Referees were contacted for the preferred tenderer and all referees have provided a satisfactory reference.

Following the assessment of the criteria, PMC Roofing Pty Ltd was assessed as being the most advantageous to the City.


The services associated with this contract are included in the 2013/14 budget.


Section 3.57 (1) of the Local Government Act 1995 requires a local government to invite tenders before it enters a contract of a prescribed kind under which another person is to supply the goods or services.

VOTING REQUIREMENTS



428 Moved Cr G Dewhurst Seconded Cr W Barrett

That Council award Tender 34/2013 - Kenwick and Districts Recreation Centre Roof and Wall Cladding Replacement to PMC Roofing Pty Ltd of 25 Timely Hostess Mews, Mariginiup WA 6078, for the contracted sum of $162,500 (excluding GST).



AGAINST: Nil.


26

13.4.3 PROPOSED LEASE OF PART LOT 13 MURDOCH DRIVE, THORNLIE (DON RUSSELL PERFORMING ARTS CENTRE) TO VODAFONE NETWORK PTY LIMITED

Author: J FlatowAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: 13.4.3A Site Plan

PURPOSE OF REPORT

To seek Council approval to lease Part Lot 13 Murdoch Drive, Thornlie to Vodafone Network Pty Limited (Vodafone) for its rooftop and antenna mounts at the Don Russell Performing Arts Centre.

BACKGROUND

The lease for this facility terminated on 24 March 2013 with negotiations on the lease being ongoing for several months.

The facility was initially installed by Hutchison 3G Australia Ltd but was taken over by Vodafone in early 2013.

Vodafone has now advised that it wishes to enter a new lease for a period of 20 years.

Vodafone has offered an annual rental of $21,000 per annum with 3% annual increments.

DISCUSSION

With the knowledge that a number of telecommunication leases were due for renewal a licensed annual rental valuation was sought to accommodate all of these types of leases within the City of Gosnells. The valuation information provided on 2 July 2013 was that there has been little movement in rentals within the City in the recent past and that a “base” ground rental in the order of $20,000 per annum plus GST and payment of outgoings was appropriate. In respect to rent reviews the most recent reviews indicate 3% annual increase.

Whilst this particular installation is not a full ground rental, the rent to be expected is not differentiated by the valuation so is considered acceptable for the purpose.

The amount of rent proposed is in excess of the licensed valuation and no objection is seen to accepting the request that provides a regular source of income to the City.

It should be noted that the lease agreement will include provisions that enable the City to terminate the lease without penalty in the event that it wishes to substantially redevelop the Don Russell Performing Arts Centre within the lease period.

There is a requirement to advertise the proposed lease in accordance with the provisions of section 3.58 of the Local Government Act 1995. It will be recommended that the City enter the lease subject to no objections of a substantive nature being received during the advertising period.



27


Rental income of $21,000 increased annually by 3% after the first year. Local government rates for 2013/14 amount to $1,936.24 and $345.76 for the Emergency Services Levy.


Section 3.58 of the Local Government Act 1995 provides for the disposition of local government property that includes leasing.

VOTING REQUIREMENTS



429 Moved Cr R Hoffman Seconded Cr W Barrett

That Council agrees, subject to no submissions raising substantive objections to the proposal being received following public advertising under the provisions of section 3.58 of the Local Government Act 1995, to lease to Vodafone Network Pty Limited part of Lot 13 Murdoch Drive, Thornlie in accordance with Appendix 13.4.3A on the following terms:

Rental: $21,000 per annum plus GST

Rent reviews: 3% annually compounding

Term of lease: 20 years

Date of commencement: 24 March 2013

Local government rates and TenantEmergency Services Levy:

Utility costs: TenantCARRIED 11/0

FOR: Cr W Barrett, Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searle and Cr D Griffiths.

AGAINST: Nil.


28

The Mayor advised the meeting that Cr R Mitchell had disclosed an Impartiality Interest in the following item in accordance with Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007.

13.4.4 PROPOSED LEASE OF PART LOT 80 ROYAL STREET, KENWICK (KENWICK AND DISTRICTS RECREATION CENTRE) TO THE FEDERATION OF WA POLICE AND COMMUNITY YOUTH CENTRES INC.

Author: J FlatowAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 8 July 2008 Resolution 307OCM 23 July 2013 Resolution 309

Appendix: 13.4.4A Lease Plan

PURPOSE OF REPORT

To seek Council approval to lease a part of Lot 80 Royal Street Kenwick to The Federation of WA Police and Community Youth Centres Inc. (Federation).

BACKGROUND

The lease of the building on Lots 64 and 65 Alloa Road, Maddington to the Federation terminated on 30 June 2008.

At its meeting of 8 July 2008 (Resolution 307) Council agreed to the holding over of the lease with the Federation for the Gosnells Club building, for a period long enough to adequately determine if its activities can be relocated or a new lease entered into.

Discussions with the Federation have been ongoing since 2008 and centred on its possible use of the Kenwick and Districts Recreation Centre (KDRC).

The KDRC is located on Lot 80 Royal Street, Kenwick of which a major part was leased to the Real Life Church Inc. (Church). The Church has now vacated the premises and public bookings of the remaining facilities ceased as at 1 July 2013.

Negotiations with the Federation have been successful and included the need for minor alterations to the KDRC that have been incorporated in the current budget.

DISCUSSION

The Federation has agreed to the proposed terms of lease that are stated in the Staff Recommendation.

It is planned to lease the northern portion of Lot 80 that includes the building and the surrounding land up to the vacant strip of land that separates the southern portion of the lot as detailed in Appendix 13.4.4A. This will allow the Federation sufficient space for its parking needs and the possibility of future development. Given that the parking surface is some years old it will be proposed that the City continues to accept responsibility for its maintenance. Any further development that the Federation may wish to undertake in the future will be subject to all the normal planning and building regulation requirements.



29

Following the termination of the telecommunication lease located at the Federation's Maddington complex in 2009, the City entered into a new lease in its own name. At its meeting held on 23 July 2013 Council resolved to transfer the income ($22,486.86) from the lease to the Federation as a grant in order to provide the Federation with an operational subsidy. It has been necessary for Council to consider this on an annual basis making it clear that there was no guarantee that the subsidy would be ongoing.

To assist in its transitional and relocation costs, the Federation has requested that the City agree to provide the 2014/15 revenue from the telecommunication facility at Alloa Road, Maddington as an operational subsidy.

It is reasonable to assume that the Federation will incur additional costs associated with its move and therefore the one off agreement to the request is supported for consideration in the 2014/15 budget.


The lease rental is proposed on a peppercorn rental with the lessee to pay local government rates and Emergency Services Levy. It is not possible at this stage to estimate the amount of local government rates or Emergency Services Levy as the gross rental valuation for the building and land will not become available until after the lease has been executed.

Should Council agree to transfer the 2014/15 lease income from the telecommunications tower located at Alloa Road, Maddington to the Federation, this would be a direct cost to the City of approximately $22,500.


Section 3.58 of the Local Government Act 1995 provides for the disposition of local government property that includes the leasing of land.

Regulation 30 of the Local Government (Functions and General) Regulations 1996 provides for certain property dispositions to be exempt from the provisions of section 3.58 of the Local Government Act 1995.

Where a property is proposed to be disposed of to a body the objectives of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and the members of the body are not permitted to receive profit from the body's transactions, then the disposition is an exempt disposition. The Federation is an exempt organisation.

VOTING REQUIREMENTS




30


430 Moved Cr R Lawrence Seconded Cr K Jones

That Council agree to lease to The Federation of WA Police and Community Youth Centres Inc. part of Lot 80 Royal Street, Kenwick being all of the building known as the Kenwick and Districts Recreation Centre and surrounding land as shown on Appendix 13.4.4A on the following terms and conditions:

Rental: Peppercorn

Term of lease: 5 years

Lease term renewals: 2 x 5 year

Date of commencement: 1 December 2013

Local government rates and Payable by tenantEmergency Services Levy:

Utility costs: Payable by tenant

Internal building maintenance: Payable by tenant

Special Terms: Maintenance of existing car park to be the responsibility of the City.



AGAINST: Nil.


431 Moved Cr R Lawrence Seconded Cr K Jones

That Council agree to consider in its 2014/15 budget the provision of an operating subsidy to The Federation of WA Police and Community Youth Centres equivalent to the lease income received from Telstra Corporation Limited’s monopole and equipment located in Alloa Road, Maddington.



AGAINST: Nil.


31

13.4.5 STARTING NEW AT GOLF (SNAG) - OBJECTION TO THE CITY'S DECISION NOT TO GRANT A PERMIT (ITEM BROUGHT FORWARD - REFER TO ITEM 11)

The above item was brought forward in accordance with Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012 and is relocated under Item 11 “Items Brought Forward for the Convenience of those in the Public Gallery” as the first report in these Minutes.


32

13.5 PLANNING AND SUSTAINABILITY

13.5.1 DEDICATION AS ROAD - LOT 2010 ON DIAGRAM 32259 (RESERVE 28071), LOT 66 ON DIAGRAM 51447 AND LOT 5020 ON DEPOSITED PLAN 38350 (RESERVE 50784) WITHIN GOSNELLS K OUTLINE DEVELOPMENT PLAN

Author: K BonsorAuthor’s Declaration of Interest:

Nil.


PURPOSE OF REPORT

For Council to consider the following:

The dedication of three parcels of land as road

The surrender of the management order that appliesto one of the above parcels.

BACKGROUND

The subject land is located within a partly undeveloped area of land behind the Stalker Road/Corfield Street Medical Centre. The land forms part of a proposed new road alignment which is identified in the Gosnells K Outline Development Plan (ODP).

Over the past 25 years, Lots 66, 2010 and 5020 have been vested with the City for drainage and Right of Way purposes. In the case of Lot 2010 (Reserve 28071), a Management Order was also vested with the City.

In June 2011, the Western Australian Planning Commission (WAPC) granted approval to the subdivision of Lot 844 Digby Street, Gosnells (adjoining the proposed dedication) into 23 residential survey-strata lots. The approved subdivision involves the creation of lots that will front a proposed new subdivisional road. For those lots to be created, Reserves 28071 and 50784 are required to be dedicated as road under the Land Administration Act 1997 (LAA).

A location plan illustrating the proposed road alignment follows:



33

DIGBYST

Lot 844

Lot 5020(Reserve 50784)

Lot 843

CORFIELDST



STALKERRD

DISCUSSION

Pinnacle Planning, on behalf of the developers, Goldpoint Enterprises Pty Ltd, has requested that Council, pursuant to Section 56 of the LAA, request the Minister to dedicate the three subject lots as road. The proposal was referred to the Department of Planning for comment in accordance with Section 8 of the LAA Regulations. The Department of Planning has advised that it supports the proposal.

Lot 2010 on Diagram 32259 (Reserve 28071)

This land is owned by the State of Western Australia with a management order to the City of Gosnells for drainage purposes, (management order 2380/965). The North Gosnells K Outline Development Plan designates this land as a future road. The development of Lot 844 Digby Street, Gosnells necessitates the construction of this road.

In order to facilitate the dedication of Lot 2010, the City is required to surrender its management order over the land. That surrender is considered acceptable.

Lot 66 on Diagram 51447 and Lot 5020 on Deposited Plan 38350 (Reserve 50784)

This land is owned by the State of Western Australia and ceded to the Crown for the purpose of Right of Way. The North Gosnells K Outline Development Plan designates this land as a future road. The development of Lot 844 Digby Street, Gosnells necessitates the construction of this road.



34

CONCLUSION

It is recommended that Council requests the Minister for Lands, via the Department of Lands - State Land Services to dedicate as road Lot 2010 on Diagram 32259, Lot 66 on Diagram 51447 and Lot 5020 on Deposited Plan 38350 and to revoke the Management Order over Reserve 28071 (Management Order number 2380/965).


The LAA requires that Council indemnify the Minister for Lands against any claim for compensation equal to the amount of all costs and expenses incurred by the Minister in considering and granting this road request. As this land is already owned by the State of Western Australia there is no risk to Council in indemnifying the Minister.


Land Administration Act 1997

Land Administration Regulations 1998.

VOTING REQUIREMENTS

Simply Majority required.


432 Moved Cr O Searle Seconded Cr J Brown

That Council, pursuant to Section 56 of the Land Administration Act 1997, requests the Department of Lands - State Land Services to dedicate as road, Lot 2010 on Diagram 32259 (Reserve 28071), Lot 66 on Diagram 51447 and Lot 5020 on Deposited Plan 38350 (Reserve 50784).



AGAINST: Nil.



That Council, pursuant to Section 56 of the Land Administration Act 1997, indemnifies the Minister for Lands against any claim for compensation associated with the dedication as road of Lot 2010 on Diagram 32259 (Reserve 28071), Lot 66 on Diagram 51447 and Lot 5020 on Deposited Plan 38350 (Reserve 50784).



AGAINST: Nil.



35



That Council, pursuant to Section 50(1) of the Land Administration Act 1997, requests that the Minister for Lands revokes the Management Order 2380/965 over Lot 2010 on Diagram 32259 (Reserve 28071).




36

13.5.2 DEVELOPMENT APPLICATION - 15 GROUPED DWELLINGS - 57 (LOT 72) HOLMES STREET, SOUTHERN RIVER

Author: L LangfordAuthor’s Declaration of Interest:

Nil.

Reference: 311654Application No: DA13/00319Applicant: Claymont Land Pty LtdOwner: Claymont Land Pty LtdLocation: 57 (Lot 72) Holmes Street, Southern RiverZoning: MRS: Urban

TPS No. 6: Residential DevelopmentReview Rights: Yes. State Administrative Tribunal against any discretionary

decision of Council.Area: 1.42haPrevious Ref: Nil.Appendices: 13.5.2A Detailed Area Plan

13.5.2B Site, Floor and Elevation Plans

PURPOSE OF REPORT

For Council to consider an application for planning approval for 15 Grouped Dwellings at 57 (Lot 72) Holmes Street, Southern River as the proposal is outside the authority delegated to staff due to non-compliance with draft modified Local Planning Policy 1.1.1 - Residential Development.

BACKGROUND

Site Description and Planning Framework

The subject property is currently vacant however it has recently been subdivided into 90 strata lots which involved the construction of internal common property driveways and relevant services. The site is bounded by mostly residential housing to the north, north-west and west of the site.

The property falls within the Southern River Precinct 1B Outline Development Plan (ODP) which designates the subject site as Residential R80. A Detailed Area Plan (DAP) has been approved over the site which specifies the layout of the site, including vehicular access ways, lot orientation and visitor parking, as well as some development parameters. A copy of the DAP is contained as Appendix 13.5.2A.

A map identifying the location of the subject site follows:



37

LAKE

YST

ABADAN RD

Site History

On 6 February 2012, the Western Australian Planning Commission granted subdivision approval (WAPC Ref. 397-11) for the creation of all strata lots within the ODP area, in accordance with a series of approved DAPs.

On 18 October 2012, the Metropolitan East Joint Development Assessment Panel (JDAP) approved an application for 89 Grouped Dwellings on the subject site, with 64 of those dwellings being single bedroom dwellings. An additional dwelling has also been approved separately, for use as a display home prior to its ultimate conversion to a grouped dwelling.

Proposal

The application involves the following:

The construction of 15 single storey Grouped Dwellings

The dwellings will have two bedrooms with single garages

A 6.2m wide internal access road for vehicular access to the dwellings.The site, floor and elevation plans are contained as Appendix 13.5.2B. It should be noted that the proposed dwellings would be an alternative to the 64 single bedroom dwellings which were approved by the JDAP on 18 October 2012.



38

Consultation

The proposal was not required to be advertised for public consultation.

DISCUSSION

Town Planning Scheme No. 6

The subject site is zoned Residential Development under Town Planning Scheme No. 6 (TPS 6) and designated Residential R80 under the Southern River Precinct 1B ODP. In accordance with TPS 6, a Grouped Dwelling is a "D" use in the Residential zone, meaning it is not permitted unless the local government has exercised its discretion by granting planning approval.

Residential Design Codes

The R-Codes include Deemed-to-comply criteria (prefixed by "C") and Design Principles (prefixed by "P"). Applications not complying with the Deemed-to-comply criteria are to be assessed against relevant Design Principles.

On 23 July 2013, Council resolved (Resolution 318) to advertise a draft modified Local Planning Policy 1.1.1 - Residential Development (LPP 1.1.1), with that Policy responding to the recent (2 August 2013) changes to the Residential Design Codes. The draft modified Policy prescribes:

Standards used to determine whether certain Design Principles of the R-Codes are met (Column B)

Standards of development the City considers to be unacceptable (Column C).

The subject proposal complies with all relevant Deemed-to-comply provisions of the R-Codes, the DAP or Column B criteria of the draft modified LPP 1.1.1, with the exception of those provisions that are detailed in the table below.

R-Code, Policy and/or DAP Provision Assessment/Comment1. 5.1.3 Lot boundary setback

C3.2 Walls may be built up to a lot boundary behind the street setback (specified in Table 1 and in accordance with clauses 5.1.2, 5.2.1 and 5.2.2), within the following limits and subject to the overshadowing provisions of clause 5.4.2 and Figure Series 11):

i. where the wall abuts an existing or simultaneously constructed wall of similar or greater dimensions;

ii. In areas coded R30 and higher, walls not higher than 3.5m with an average of 3m for two-thirds the length of the balance of the lot boundary behind the front setback, to one side boundary only.

The application proposes boundary walls on three boundaries for both dwelling types. In many instances, the walls will abut a simultaneously constructed wall and as such are permitted, however there are also instances where the walls do not abut a similar wall and also where a wall occupies more than two-thirds the length of the balance of the lot boundary, behind the front setback.

The applicable DAP states that dwellings may have boundary walls where they abut a simultaneously constructed boundary wall of similar dimensions. As mentioned above, there are a number of instances where a boundary wall will not abut another boundary wall and therefore do not comply with the DAP provision or the Deemed-to-comply provision of the R-Codes.



39

R-Code, Policy and/or DAP Provision Assessment/CommentP3.1 Buildings set back from lot boundaries so

as to:

reduce impacts of building bulk on adjoining properties;

provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and

minimise the extent of overlooking and resultant loss of privacy on adjoining properties.

P3.2 Buildings built up to boundaries (other than the street boundary) where this:

makes more effective use of space for enhanced privacy for the occupant/s or outdoor living areas;

does not compromise the design principle contained in 5.1.3 P3.1;

does not have any adverse impact on the amenity of the adjoining property;

ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and

positively contributes to the prevailing development context and streetscape.

In response to the Design Principles, the following is relevant:

The walls will not impact on the ability of the dwelling or adjoining dwellings to receive adequate direct sun and ventilation.

In terms of building bulk and privacy protection, any impact would not be significant or unreasonable for an R80 coded area.

Any impact of the boundary walls will only be experienced by residents who choose to occupy the dwellings.

There will be no external impacts on the amenity (for example, streetscape) of the area as a result of the variation.

Based on the above, the proposal is considered to meet the stated Design Principles. It should be noted that the subject proposal does not greatly differ in layout to the development approval by the Metropolitan East JDAP on 18 October 2012.

LPP 1.1.1Column B - Buildings built up to boundaries, being the front setback line, such that:

iii) In areas coded R30 and higher:

a. The development complies with Deemed-to-comply provisions in sections 5.1.3 (C3.1), 5.1.4 and 5.4.2 and any variations permitted to these sections by other provisions of this policy; and

b. Walls on the boundary where the area of the wall does not exceed the maximum area allowed for a wall occupying two-thirds the length of the boundary at its maximum allowable height; or

In terms of point a, the development complies with Deemed-to-comply provisions in sections 5.1.3 (C3.1), 5.1.4 and 5.4.2.

For point b, the dwelling proposed on Lot 2060 (Dwelling Type A-2R) involves a wall which will exceed the maximum area allowed for a wall occupying two-thirds the length of the boundary at its maximum allowable height.

This proposed dwelling involves a wall on its north-eastern boundary which will occupy the whole length of the boundary behind the street setback line, with a total area of 41.3m². Based on the length of the boundary, the maximum wall area allowed by point b is 30.75m².

Column C - Development deemed to not comply with 5.1.3 Design Principle P3.1 and P3.2.

While the proposal represents a variation to the draft modified policy it is considered to comply with 5.1.3 Design Principles P3.1 and P3.2, and is therefore considered acceptable.



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R-Code, Policy and/or DAP Provision Assessment/Comment2. DAP Notation - Single Bedroom Dwellings

The DAP designates the subject lots as being for single bedroom dwellings (as reflected in the approval issued by the Metropolitan East JDAP on 18 October 2012).

As mentioned previously, the subject site has an R80 coding. Under the older version of the R-Codes, grouped dwelling proposals on land coded R80 were assessed against the R60 standards as there were no standards for grouped dwellings at R80. Furthermore, proposals for single bedroom dwellings are entitled to a variation to the site area requirements where the minimum site area may be reduced by up to one third. This meant that the minimum site area requirement of 180m² for R60 could be reduced to 120m².

The current version of the R-Codes, which were introduced in August 2013, now includes site area provisions for grouped dwellings at the R80 coding. The average site area for grouped dwellings on R80 coded land is 120m², which represents the same site area as a one-third reduction for R60. As such, changing the dwellings from single bedroom dwellings to two bedroom (standard) grouped dwellings will not have implications on the overall site area calculations for the development.

In general terms, single bedroom dwellings are encouraged in order to provide greater diversity in housing options and provide for more affordable housing. The subject development area was originally intended to accommodate 64 single bedroom dwellings out of 90 dwellings, and as a result of this proposal it would be reduced to 49 dwellings, representing 54% of the development site. As such, should this application be approved, it is considered that this development would still provide a significant amount of single bedroom dwellings.

3. DAP Provision No. 3A clear line of sight shall be provided between areas designated communal open space (or similar) and at least two habitable room windows of any abutting dwelling.

Lots 2060 and 2061 abut the proposed area of communal open space and the dwellings on those lots provide at least two habitable room windows facing the boundary abutting the communal open space, however it is not clear from the plans whether a visually permeable fence will be provided which allows for a clear line of sight between these areas. As such, if the application is approved it will be recommended that a condition be imposed requiring that any fencing be visually permeable.

4. DAP Provision No. 9For the designated Single Bedroom Sites, the plot ratio shall be limited to a maximum of 70m².

As mentioned above, the application is proposing to vary the DAP by providing two bedroom dwellings in lieu of single bedroom dwellings. Given that the proposed dwellings comply with the open space requirements, it is not considered necessary to restrict the maximum plot ratio for two bedroom dwellings.



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Amenity

The site has been earmarked for higher density residential development through the Residential R80 designation on the ODP. It is generally accepted that higher density housing in proximity to commercial centres supports their viability and encourages sustainable travel patterns. The proposed development is consistent with the objective for the site in providing higher density housing in close proximity to services and amenities.

In terms of considering whether the proposed development preserves the amenity of the locality and whether its bulk, scale and orientation conflicts with surrounding development, it should be noted that the area is residential in nature, with the majority of the existing housing stock having been developed in recent times. This housing stock is almost exclusively singlestorey on low to medium density lots. Although the proposed development provides a large scale of high density dwellings, it is considered that its visual impact would be consistent with surrounding development in the area and is therefore acceptable.

CONCLUSION

The proposal is supported for the following reasons:

The development contributes to a greater diversity of housing options in the local area

The site is appropriately located close to shops and amenities to support this form of density development

The proposal is consistent with the R80 coding which is applicable to the site

The proposal is generally compliant with the requirements of the R-Codes and the Detailed Area Plan, and where non-compliant, the variations are considered acceptable or can be made compliant through the imposition of appropriate conditions

The development will not have a detrimental impact on the residential amenity of the area.

It is therefore recommended that the proposal be approved subject to appropriate conditions as listed in the staff recommendation.


Nil.


Town Planning Scheme No. 6

Residential Design Codes

Draft Modified Local Planning Policy 1.1.1 - Residential Development

Southern River Precinct 1B Outline Development Plan

Detailed Area Plan approved 18 October 2010.



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VOTING REQUIREMENTS



435 Moved Cr R Hoffman Seconded Cr R Mitchell

That Council approve the application for 15 Grouped Dwellings at57 (Lot 72) Holmes Street, Southern River, dated 27 August 2013 subject to the following conditions:

1. The submission of an amended plan for dwellings on Lots 2060 and 2061, generally in accordance with the submitted plans but modified so as to provide a visually permeable fence that allows a clear line of site between areas designated communal open space and at least two habitable room windows of any abutting dwelling.

2. Arrangements being made to the satisfaction of the City of Gosnells, prior to the lodgement of a Building Permit application, to secure the payment of future developer cost contributions that will apply to the land upon finalisation of the draft Southern River Precinct 1B Outline Development Plan Development Contribution Arrangement.

3. The applicant shall submit details prescribing a functional drainage system, including detailed engineering drawings, and where required geotechnical site assessment (soil profile, groundwater conditions and permeability), as well as hydrologic and hydraulic calculations to demonstrate functionality of the design to the satisfaction of the City of Gosnells.

4. All cut and fill to be retained within the property boundaries by structural engineer designed retaining walls of masonry or similar approved material, and are required to provide support to the boundary and any structure reliant on its integrity.

5. All crossovers are to be located and constructed to the City’s specifications.

6. The site is to be connected to the reticulated sewerage system.

7. A landscape plan for the development site and the adjoining road verge(s) is to be submitted in accordance with the City’s Local Planning Policy 4.5 – Development – Landscaping, and approved by the City, prior to the lodgement of a Building Permit application.

8. Landscaping and irrigation of the development site and adjoining road verges is to be installed prior to occupying the proposed development, and thereafter maintained, in accordance with the approved landscaping plan to the satisfaction of the Manager Parks and Environmental Operations.



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9. Fencing within the street setback area shall be visually permeable a maximum of 1.2m above ground level and have a maximum height of 1.8 metres, except where necessary to provide sightlines to vehicles or screening to clothes drying areas.

10. A Waste Collection Management Strategy, which details the manner by which rubbish and recycling bins are to be collected from the site, is to be submitted to the satisfaction of the City.

CARRIED 9/2FOR: Cr W Barrett, Cr G Dewhurst, Cr R Hoffman, Cr S Iwanyk, Cr K Jones, Cr R Lawrence,

Cr R Mitchell, Cr O Searle and Cr D Griffiths.

AGAINST: Cr J Brown and Cr T Brown.

13.6 GOVERNANCE

Nil.

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil.

15. URGENT BUSINESS(by permission of Council)

Nil.

16. CONFIDENTIAL MATTERS

Nil.

17. CLOSURE

Cr W Barrett wished everyone all the best for the upcoming City of Gosnells Election.

Cr S Iwanyk expressed her sincere thanks to the staff and Councillors for their guidance and assistance over the past 12 years during her time on Council. This election has raised various issues of concern and Cr Iwanyk encouraged those standing for Council to endeavour to make the right decisions for the community.

Cr O Searle expressed her thanks to the Council, City staff and to the residents of the City. With the upcoming election Cr Searle wished the candidates all the best.

The Mayor expressed his thanks to the staff and Councillors for all the support he has received during his time as Mayor for the City of Gosnells.

The Mayor declared the meeting closed at 8.52pm.

ordinary council meeting standard - city of gosnells · 24 september 2013 ordinary council meeting...

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