Agenda for OCM 26/03/2013
Transcription
Agenda for OCM 26/03/2013
ORDINARY COUNCIL MEETING 26 MARCH 2013 TABLE OF CONTENTS - AGENDA Item Report Title Page No. 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS/DISCLAIMER ................................................................................. 1 2. RECORD OF ATTENDANCE .......................................................................... 1 3. DISCLOSURE OF INTEREST ......................................................................... 1 4. ANNOUNCEMENTS BY THE PRESIDING MEMBER ..................................... 1 5. REPORTS OF DELEGATES ........................................................................... 1 6. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OF PUBLIC STATEMENTS .................................................................................. 1 6.1 QUESTION TIME ................................................................................. 1 6.2 PUBLIC STATEMENTS ....................................................................... 2 7. CONFIRMATION OF MINUTES ...................................................................... 2 8. RECEIVING OF PETITIONS AND PRESENTATIONS .................................... 2 9. APPLICATIONS FOR LEAVE OF ABSENCE .................................................. 2 10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN ........................... 2 11. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY ............................................................................. 2 12. REPORTS OF COMMITTEE MEETINGS ....................................................... 3 13. 12.1 AUDIT COMMITTEE MEETING HELD 5 MARCH 2013 ......... 3 12.1.1 AUDIT COMMITTEE REPORT - 2012 COMPLIANCE AUDIT RETURN ..................................................................... 4 REPORTS ....................................................................................................... 7 13.1 CHIEF EXECUTIVE OFFICE ............................................................... 7 13.1.1 METROPOLITAN LOCAL GOVERNMENT REVIEW FINAL REPORT ..................................................................... 7 13.2 COMMUNITY ENGAGEMENT ............................................................. 8 13.3 CORPORATE SERVICES ................................................................... 9 i Ordinary Council Meeting Item City of Gosnells Agenda Report Title 13.4 13.6 Page No. 13.3.1 FINANCIAL ACTIVITY STATEMENTS - FEBRUARY 2013 ....................................................................................... 9 13.3.2 PAYMENT OF ACCOUNTS - FEBRUARY 2013 .................. 11 13.3.3 BUDGET VARIATIONS ........................................................ 12 13.3.4 POLICY 4.1.10 - CORPORATE CREDIT CARD AMENDMENT ...................................................................... 14 INFRASTRUCTURE .......................................................................... 16 13.4.1 13.5 26 March 2013 GOSNELLS ROADWISE ADVISORY GROUP MEETING - 6 MARCH 2013 ................................................. 16 PLANNING AND SUSTAINABILITY ................................................... 19 13.5.1 DEVELOPMENT APPLICATION - OUTBUILDING - 54 (LOT 1) KENWICK ROAD, KENWICK .................................. 19 13.5.2 DEVELOPMENT APPLICATION GROUPED DWELLING - 17B (LOT 189, STRATA LOT 7) JACOBSEN WAY, THORNLIE ............................................. 23 13.5.3 DEVELOPMENT APPLICATION - MEDICAL CENTRE - 538 (LOT 670), 540 (LOT 673) AND 542 (LOT 674) BALFOUR STREET, SOUTHERN RIVER ............................ 29 13.5.4 DEVELOPMENT APPLICATION - SIGNAGE (DAN MURPHY'S) - 888 (LOT 99) NICHOLSON ROAD, CANNING VALE ................................................................... 37 13.5.5 MADDINGTON TOWN CENTRE ACTIVITY CENTRE CONCEPT PLAN ................................................................. 41 13.5.6 ARMADALE GOSNELLS LANDCARE GROUP REQUEST FOR INCREASE IN FINANCIAL SUPPORT ............................................................................ 49 13.5.7 DEVELOPMENT APPLICATION - EIGHT MULTIPLE DWELLINGS - LOT 304 GATEWAY BOULEVARD, CANNING VALE ................................................................... 56 GOVERNANCE ................................................................................. 64 14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN .................. 64 15. URGENT BUSINESS .................................................................................... 64 16. CONFIDENTIAL MATTERS .......................................................................... 64 17. CLOSURE ..................................................................................................... 64 ii DISCLOSURE OF INTEREST DECLARATION Local Government Act 1995 (Sections 5.59 to 5.73 inclusive) and Local Government (Administration Regulations) 1996 (Regulation 34C) Disclosures of interest must be made in writing and given to the Presiding Member of the meeting prior to the matter being discussed to enable it to be brought to the notice of persons attending. I __________________________________, wish to declare an interest as follows: NAME (Please Print) NAME OF MEETING: DATE: AGENDA ITEM NO: PAGE NO: Definitions overleaf OF TYPE INTEREST An ‘Interest’ exists if either the relevant person or a person with whom the relevant person is closely associated has; a direct or indirect financial interest, a proximity interest, or their impartiality may be affected. Direct Financial pursuant to s.5.60A of the Local Government Act 1995 Indirect Financial pursuant to s.5.61 of the Local Government Act 1995 Proximity pursuant to s.5.60B of the Local Government Act 1995 Impartiality pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 NATURE OF INTEREST: EXTENT OF INTEREST: Strike through the following declaration if it is not required. AGENDA ITEM NO: PAGE NO: Definitions overleaf OF TYPE INTEREST An ‘Interest’ exists if either the relevant person or a person with whom the relevant person is closely associated has; a direct or indirect financial interest, a proximity interest, or their impartiality may be affected. Direct Financial pursuant to s.5.60A of the Local Government Act 1995 Indirect Financial pursuant to s.5.61 of the Local Government Act 1995 Proximity pursuant to s.5.60B of the Local Government Act 1995 Impartiality pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 NATURE OF INTEREST: EXTENT OF INTEREST: SIGNATURE DATE NOTE * Members of committees have the same liabilities as Councillors and Staff to disclose an interest. * Relevant persons disclosing a Financial Interest must withdraw from the meeting while the item is under discussion. DEFINITIONS “extent” in relation to an interest, includes the value and amount of the interest. “direct financial interest” a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government in a particular way, result in a financial gain, loss, benefit or detriment for the person. “impartiality interest” is an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having an interest and includes an interest arising from kinship, friendship or membership of an association. “indirect financial interest” an indirect financial interest of a person in a matter includes a reference to a financial relationship between that person and another person who requires a local government decision in relation to the matter. “members” in relation to a council or committee, means a council member or a member of the committee. “proximity interest” a person has a proximity interest in a matter if the matter concerns– (a) a proposed change to a planning scheme affecting land that adjoins the person's land; (b) a proposed change to the zoning or use of land that adjoins the person's land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person's land. For the purpose of this definition land (the proposal land) adjoins a person’s land if: (a) the proposal land, not being a thoroughfare, has a common boundary with the person’s land (b) the proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or (c) the proposal land is that part of a thoroughfare that has a common boundary with the person’s land. "relevant person" means a person who is either a member or a person to whom section 5.70 or 5.71 applies (Council employee). Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS/DISCLAIMER 2. RECORD OF ATTENDANCE 3. DISCLOSURE OF INTEREST 4. ANNOUNCEMENTS BY THE PRESIDING MEMBER (without discussion) 5. REPORTS OF DELEGATES (without discussion) 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 RESPONSES TO QUESTIONS TAKEN ON NOTICE AT PREVIOUS MEETINGS 6.1 QUESTION TIME 1 Ordinary Council Meeting 6.2 7. City of Gosnells Agenda 26 March 2013 PUBLIC STATEMENTS CONFIRMATION OF MINUTES STAFF RECOMMENDATION That the Minutes of the Ordinary Council Meeting held on 12 March 2013 as published and distributed be confirmed as an accurate record. 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. 9. APPLICATIONS FOR LEAVE OF ABSENCE Clause 4.10 of the City of Gosnells Standing Orders Local Law 2012 states: “(1) (2) 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. The notice referred to in subclause (1) shall include the period of leave of absence required and the reasons for seeking the leave”. 10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN (without discussion) 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 agenda item known to be of interest to the public in attendance [Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012] 2 Ordinary Council Meeting 12. 12.1 City of Gosnells Agenda 26 March 2013 REPORTS OF COMMITTEE MEETINGS AUDIT COMMITTEE MEETING HELD 5 MARCH 2013 Author: Author’s Declaration of Interest: Previous Ref: Appendix: R Bouwer Nil. Nil. 12.1A Audit Committee Meeting Minutes dated 5 March 2013 PURPOSE OF REPORT For Council to receive the Audit Committee Minutes dated 5 March 2013. BACKGROUND The Minutes of the Audit Committee Meeting held Tuesday 5 March 2013 are provided as Appendix 12.1A. DISCUSSION The recommendation of the Committee which requires Council's consideration is as Item 12.1.1. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS The Audit Committee is established in accordance with the Local Government Act 1995, Part 5, Division 2, Subdivision 2 - Committees and their meetings. The Committee has no decision-making authority and therefore its recommendations are provided to Council in separate reports for resolution. VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION That Council receive the Minutes of the Audit Committee meeting held Tuesday 5 March 2013, attached as Appendix 12.1A. 3 Ordinary Council Meeting 12.1.1 City of Gosnells Agenda 26 March 2013 AUDIT COMMITTEE REPORT - 2012 COMPLIANCE AUDIT RETURN Author: Author’s Declaration of Interest: Previous Ref: Appendix: R Bouwer Nil. Nil. 12.1A Audit Committee Meeting Minutes dated 5 March 2013 PURPOSE OF REPORT For Council to consider Recommendation 2 of the Audit Committee meeting held 5 March 2013 that seeks adoption of the completed 2012 Compliance Audit Return (CAR). BACKGROUND The Audit Committee provides Recommendation 2 arising from the Minutes dated 5 March 2013 for Council's consideration: "That the Audit Committee resolves to recommend that Council receive and adopt the completed 2012 Compliance Audit Return attached as Appendix 5.1A, for certification by the Mayor and the Chief Executive Officer and submission to the Department of Local Government." DISCUSSION A desk top audit was conducted to complete the 2012 CAR. The City's information management system (ECM) was used to extract evidence to demonstrate the City's compliance with the relevant requirement. Where evidence could not be located in ECM, the relevant officers were requested to provide further information. Identified instances of non-compliance have been classified in terms of: Substantive Non-Compliance: there has been a failure to comply with the substantial requirements of the compliance obligation due to a process failure. Technical Non-Compliance: whilst a substantive requirement has been met, there has been a human error, a misinterpretation of the technical requirements or a slight over-run on a statutory deadline. The following table provides an overview of the 2012 CAR findings. 4 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 12.1.1 Continued Table 1: 2012 Compliance Audit Return Findings Audit Category Total # of Audit Questions Commercial Enterprises by Local Governments Delegation of Power / Duty Disclosure of Interest Disposal of Property Elections Finance Local Government Employees Official Conduct Tenders for Providing Goods and Services TOTALS # Compliant Responses # Substantive NonCompliances # Technical NonCompliances 5 5 - - 13 16 2 1 15 13 16 1 1 15 - 1 - 5 5 - - 6 6 - - 15 15 - - 78 77 - 1 Refer to Item 5.1, 2012 Compliance Audit Return, Recommendation 2 of the Audit Committee Meeting Minutes dated 5 March 2013 provided as Appendix 12.1A for full details. The technical non compliance related to the giving of local public notice in one instance where the notice was advertised in the paper but not placed in the libraries or on the City's notice board. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Section 7.13(i) of the Local Government Act 1995 requires local governments to carry out an audit of compliance with statutory requirements prescribed in the Local Government (Audit) Regulations 1996, in the prescribed manner and in the form approved by the Minister. Regulation 13 of the Local Government (Audit) Regulations 1996 sets out the statutory requirements which may be included in the compliance audit. Regulation 14 provides that the Compliance Audit is for the period 1 January to 31 December in each year and that after carrying out the audit, the local government is to prepare a Compliance Audit Return in the form approved by the Minister for Local Government. The local government's Audit Committee is then to review the Compliance Audit Return and is to report the results of that review to Council, for adoption. Regulation 15 requires that after the Return has been adopted by Council, it must be certified by the Mayor and the Chief Executive Officer and forwarded to the Executive Director of the Department, with a copy of the relevant Council minutes, by 31 March following the period to which the return relates. 5 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 12.1.1 Continued VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION That Council receive and adopt the completed 2012 Compliance Audit Return attached as Appendix 5.1A*, for certification by the Mayor and the Chief Executive Officer and submission to the Department of Local Government. * Refer to Audit Committee Minutes Item 5.1 of 5 March 2013 contained in Appendix 12.1A. 6 City of Gosnells Agenda Ordinary Council Meeting 13. 26 March 2013 REPORTS 13.1 CHIEF EXECUTIVE OFFICE 13.1.1 METROPOLITAN LOCAL GOVERNMENT REVIEW - FINAL REPORT Author: Author’s Declaration of Interest: Previous Ref: Appendix: J Phillips Nil. OCM 8 May 2012 13.1.1A City of Gosnells Final Report Submission 13.1.1B WALGA's Submission to Local Government Review Panel PURPOSE OF REPORT For Council to endorse the City's submission on the Local Government Review Panel's Final Report. BACKGROUND The Metropolitan Local Government Review Panel released its Final Report on 25 October 2012. The Final Report contains 30 recommendations which are discussed throughout the report. Most significantly, the report has recommended that the ideal number of local governments in the metropolitan area should be 12. DISCUSSION Attached as Appendix 13.1.1A is the City's submission on the Local Government Review Panel's Final Report. The submission begins with a general discussion section which highlights points previously made. It then continues to specifically address each of the 30 recommendations and provides a City position in response to each recommendation. Also attached as Appendix 13.1.1B is WALGA's submission to the Local Government Review Panel. The positions WALGA takes on each of the Panel's recommendations align with the City's positions, except for recommendations 6 and 13. In terms of recommendation 6 and 13, the City rejects both of these recommendations whereas WALGA supports them. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Nil. VOTING REQUIREMENTS Simple Majority required. 7 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.1.1 Continued STAFF RECOMMENDATION That Council endorse the City's submission to the Local Government Review Panel's Final Report, attached as Appendix 13.1.1A. 13.2 COMMUNITY ENGAGEMENT Nil. 8 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 13.3 CORPORATE SERVICES 13.3.1 FINANCIAL ACTIVITY STATEMENTS - FEBRUARY 2013 Author: Author’s Declaration of Interest: Previous Ref: Appendix: L Solomons Nil. Nil. 13.3.1A Financial Activity Statement Report for the month of February 2013 PURPOSE OF REPORT For Council to adopt the Financial Activity Statement Report for the month of February 2013. BACKGROUND In accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, the following reports are contained in the Financial Activity Statement Report: Commentary and report on variances Operating Statement by Program Balance Sheet Statement of Financial Activity Net Current Assets Report Reserve Movements Capital Works Expenditure Outstanding Debtor Information Rates Report Investment Report. DISCUSSION The Financial Activity Statement Report for the month of February 2013 is attached as Appendix 13.3.1A. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Local Government (Financial Management) Regulations 1996, Regulation 34. 9 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.3.1 Continued VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, adopt the following reports, contained in the Financial Activity Statement Report for the month of February 2013, attached as Appendix 13.3.1A. A. B. C. D. E. F. G. H. I. J. Commentary and report on variances Operating Statement by Program Balance Sheet Statement of Financial Activity Net Current Assets Report Reserve Movements Capital Works Expenditure Outstanding Debtor Information Rates report Investment Report 10 Ordinary Council Meeting 13.3.2 City of Gosnells Agenda 26 March 2013 PAYMENT OF ACCOUNTS - FEBRUARY 2013 Author: Author’s Declaration of Interest: Previous Ref: Appendix: L Solomons Nil. Nil. 13.3.2A Cheque and EFT Payment Listing for the period 1 February 2013 to 28 February 2013 PURPOSE OF REPORT To advise Council of payments made for the period 1 February 2013 to 28 February 2013. BACKGROUND Nil. DISCUSSION Payments of $6,410,246.82 as detailed in the cheque and EFT payment listing for the period 1 February 2013 to 28 February 2013, attached as Appendix 13.3.2A, have been approved by the Director Corporate Services under delegated authority. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Local Government (Financial Management) Regulations 1996, regulation 13 (2) requires a local government to prepare a list of accounts for approval showing the payee's name; the amount of the payment; and sufficient information to identify the transaction and the date of the meeting of the Council to which the list is to be presented. VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION That Council note the payment of accounts totalling $6,410,246.82 as shown in the cheque and EFT payment listing, attached as Appendix 13.3.2A, for the period 1 February 2013 to 28 February 2013. 11 City of Gosnells Agenda Ordinary Council Meeting 13.3.3 26 March 2013 BUDGET VARIATIONS Author: Author’s Declaration of Interest: Previous Ref: Appendix: R Bouwer Nil. Nil. Nil. PURPOSE OF REPORT To seek approval from Council to adjust the 2012/13 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. FINANCIAL IMPLICATIONS Account Number JL15-60316-3384-741 JL15-60284-3384-741 REASON: JL13-30857-3800-000 JL13-30857-1501-000 REASON: JL24-93413-3214-000 JL10-10208-3800-000 REASON: Type Account Description Increase Expenditure Decrease Expenditure Harmony Fields - Bore - Carry forward Expenditure Kingsford Way - Irrigation Renewal - Carry forward Expenditure Surplus Funds from Kingsford Way Irrigation Renewal project to be used to fund completion of bore and head works at Harmony Fields Bore. Increase Truck - Fuso Canter - Capital Expenditure Purchases Increase Truck - Fuso Canter Income Proceeds from Sale To enable the City to purchase a fit for purpose vehicle for the delivery of rubbish bins at no additional cost through a direct trade of a less suitable truck. Increase Harpenden St Subdivision Expenditure Consultancy Decrease Land Purchases - Capital Expenditure Purchases Funds required to facilitate the engineering design and associated professional services for 12 Debit $ 20,000 Credit $ 20,000 38,200 38,200 75,000 75,000 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.3.3 Continued Account Number JL11-50000-3800-000 JL92-20085-3365-000 JL92-20084-3034-000 JL92-961000-3034000 REASON: Type Account Description proposed subdivision at Lot 1585 Harpenden Street, Southern River from savings in Land Purchase budget. Increase IT Equipment Refresh - Capital Expenditure Purchases Decrease Thornlie Library - Service Expenditure Agreements Decrease Agonis - Knowledge Centre Expenditure Staff Training/Conferences Decrease Admin Library Staff Expenditure Training/Conferences A recent system check show Library Services requires an additional 10 licences for the library computer system to meet concurrent user requirements. Funds are available through savings made in the Service Agreements budget. Debit $ Credit $ 10,000 5,570 3,000 1,430 STATUTORY IMPLICATIONS Section 6.8 of the Local Government Act 1995. VOTING REQUIREMENTS Absolute Majority required. STAFF RECOMMENDATION That Council approve the following adjustments to the 2012/13 Municipal Budget. Account Number JL15-60316-3384-741 JL15-60284-3384-741 JL13-30857-3800-000 JL13-30857-1501-000 JL24-93413-3214-000 JL10-10208-3800-000 JL11-50000-3800-000 JL92-20085-3365-000 JL92-20084-3034-000 JL92-961000-3034-000 Account Description Harmony Fields - Bore - Carry forward Expenditure Kingsford Way - Irrigation Renewal Carry forward Expenditure Truck - Fuso Canter - Capital Purchases Truck - Fuso Canter - Proceeds from Sale Harpenden St Subdivision - Consultancy Land Purchases - Capital Purchases IT Equipment Refresh - Capital Purchases Thornlie Library - Service Agreements Agonis - Knowledge Centre - Staff Training/Conferences Admin Library - Staff Training/Conferences (ABSOLUTE MAJORITY REQUIRED) 13 Debit $ 20,000 Credit $ 20,000 38,200 38,200 75,000 75,000 10,000 5,570 3,000 1,430 Ordinary Council Meeting 13.3.4 City of Gosnells Agenda 26 March 2013 POLICY 4.1.10 - CORPORATE CREDIT CARD - AMENDMENT Author: Author’s Declaration of Interest: Previous Ref: Appendix: R Bouwer Nil. OCM 11 September 2007, Resolution 426 13.3.4A Amended Policy 4.1.10 - Corporate Credit Card PURPOSE OF REPORT For Council to consider amendment to Policy 4.1.10 - Corporate Credit Card. BACKGROUND In 2007, Council adopted Policy 4.1.10 Corporate Credit Card to enhance daily purchasing processes and reduce administration costs for purchases such as accommodation, travel expenses, conference/seminar fees and publications where purchase orders are not accepted by the vendor. DISCUSSION Currently corporate credit cards are only issued to the Chief Executive Officer and the Directors, however due to the growth of the organisation and the subsequent increase in the number of purchasing transactions it is recommended that the Manager Purchasing Services also be issued with a corporate credit card and that the credit limit on each card issued be increased from $10,000 to $15,000. The Manager Purchasing Services will be required to sign the credit card statement to validate the transactions shown on the statement and will then be required to obtain authorisation from the Chief Executive Officer. Clause 4 of Policy 5.4.5, Minor Amendments to Existing Policies states: "Where a proposed policy amendment is considered minor and does not impact on the substantive operation of the existing policy, then the requirements outlined in sub-clause 3.2 of this policy do not apply and the amendment can be provided direct to Council via a report." For ease of differentiation words proposed for deletion from the current Policy are identified with a strike through whereas all new wording has been included in bold italics. The amended Policy is attached as Appendix 13.3.4A. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Local Government (Financial Management) Regulations 1996, Regulation 11 (1) (a). 14 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.3.4 Continued VOTING REQUIREMENTS Absolute Majority required (requires the support of one third (4) of the offices of Members of Council for the matter to be considered). STAFF RECOMMENDATION That Council adopt amended Policy 4.1.0 Corporate Credit Card, attached as Appendix 13.3.4A. (ABSOLUTE MAJORITY REQUIRED) 15 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 13.4 INFRASTRUCTURE 13.4.1 GOSNELLS ROADWISE ADVISORY GROUP MEETING - 6 MARCH 2013 Author: Author’s Declaration of Interest: Previous Ref: Appendix: K Brosztl Nil. Nil. 13.4.1A Action Sheet of the City of Gosnells RoadWise Advisory Group Meeting held on Wednesday 6 March 2013. PURPOSE OF REPORT For Council to receive the Action Sheet of the RoadWise Advisory Group Meeting held on Wednesday 6 March 2013. BACKGROUND The City of Gosnells RoadWise Advisory Group meets on the first Wednesday of every month. The Group was established with the guiding principles to: Improve road safety in the City of Gosnells Raise community awareness of road safety issues and initiatives in the City of Gosnells Facilitate community planning, development and implementation of road safety programs and promotions Develop programs and initiatives which target groups and issues identified in the State Road Safety Strategy. The Action Sheet of the meeting is attached as Appendix 13.4.1A. DISCUSSION Proposed Actions from the Group Meeting held on Wednesday 6 March 2013 There were three actions proposed by the RoadWise Advisory Group, two of which can be addressed within operational parameters, with the status now being reported to Council. The third matter, being Action 5 relates to the termination of a member of the Advisory Group for non-attendance at meetings and reads as follows: "Senior Traffic Engineer - Road Safety Officer is to correspond with Mr Drew informing him of his termination of service as a member of the Gosnells RoadWse Group due to his absence from three consecutive RAG meetings." 16 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.4.1 Continued In relation to attendance at Advisory Group meetings Council Policy 2.4.19 Terms of Reference - Gosnells RoadWise Advisory Group prescribes in part: "Where a member is absent without reasonable grounds throughout three (3) consecutive meetings of the Advisory Group, the continuance of that membership position may be referred to Council for determination in order to ensure that the effective operation of the Advisory Group is supported through sufficient membership participation." Mr Drew has not attended a meeting of the group since Wednesday 7 November 2012 and has provided no apology for non-attendance at those meetings. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS City of Gosnells Policy 2.4.19 City of Gosnells RoadWise Advisory Group – Terms of Reference. VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION (1 OF 3) That Council receive the Action Sheet of the City of Gosnells RoadWise Advisory Group Meeting held on Wednesday 6 March 2013 attached as Appendix 13.4.1A. STAFF RECOMMENDATION (2 OF 3) That Council note and endorse the officer's response undertaken within operational parameters to address the proposed Action from the Group's meeting held on Wednesday 6 March 2013. Action Reference Current Status Action RAG 6/3/2013 – Proposed Action 4 A response to the invitation to attend the Blessing of the Roads Service is to be forwarded to the Armadale RoadWise Committee advising numbers attending. Email response forwarded on 7 March 2013. RAG 6/3/2013 – Proposed Action 6 The RoadWise Advisory Group is to follow up with a response to the recommendations supplied by the Sub-Committee on future RoadWise events. In progress. 17 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.4.1 Continued STAFF RECOMMENDATION (3 OF 3) That Council acknowledge Proposed Action 5 of the RoadWise Advisory Group which reads: "Senior Traffic Engineer - Road Safety Officer is to correspond with Mr Drew informing him of his termination of service as a member of the Gosnells RoadWise Group due to his absence from three consecutive RAG meetings." and authorise the Director Infrastructure to write to Mr Drew thanking him for his past involvement in the RoadWise Advisory Group and advising his position on the Group has lapsed due to an extended period of non-attendance. 18 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 13.5 PLANNING AND SUSTAINABILITY 13.5.1 DEVELOPMENT APPLICATION - OUTBUILDING - 54 (LOT 1) KENWICK ROAD, KENWICK Author: Author’s Declaration of Interest: Reference: Application No: Applicant: Owner: Location: Zoning: MRS: TPS No. 6: Review Rights: Area: Previous Ref: Appendix: M Wallace Nil. 224857 DA13/00016 Kalmar Factory Direct T Oliver 54 (Lot 1) Kenwick Road, Kenwick Urban Residential R17.5 Yes. State Administrative Tribunal against any discretionary decision of Council. 2,236m² Nil 13.5.1A Site Plan and Elevations PURPOSE OF REPORT For Council to consider an application for planning approval for an Outbuilding at 54 (Lot 1) Kenwick Road, Kenwick, as the proposal is outside the authority delegated to staff due to non-compliance with Local Planning Policy 2.2 - Outbuildings. BACKGROUND Site Description and Planning Framework The subject site accommodates a single dwelling and an 84m² outbuilding and is surrounded by low density residential properties. A map identifying the location of the subject site follows. PA RK R D 1 SUBJECT SITE K E NW IC K RD 19 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.1 Continued Proposal The application involves the following: The construction of a 66.3m² (10.7m x 6.2m) outbuilding, located 1.5m from the Park Road property boundary The proposed outbuilding will have a wall height of 2.7m and a ridge height of 3m The proposed outbuilding will be constructed of Colorbond The proposed outbuilding will be used as a garage. Site plans and elevations are contained as Appendix 13.5.1A. Consultation The proposal was required to be advertised for public comment as it did not meet the exemption criteria of Council's Outbuilding Policy. During this time, six submissions were received, all raising no-objection to the proposal. A map identifying the consultation area and the origin of each submission follows. Given that the submissions did not raise issues requiring analysis, a submission table has not been added to this report. 410 2 PA R 8 K R IC K E NW K D RD 72 16 P UBLIC CO NS ULTATION 15 LE G END RE FE RRAL AREA NO O BJ E CTION CO M MENT O BJ E CTIONS 20 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.1 Continued DISCUSSION Local Planning Policy 2.2 - Outbuildings Council's Outbuilding Policy provides assessment criteria to determine whether an application for an outbuilding is generally acceptable, requires consultation to potentially affected landowners, or is generally unacceptable. The proposed outbuilding does not meet the requirements of Columns B and C (Acceptable) of Table 1 of the Policy and therefore falls within Column D (Unacceptable). In accordance with Clause 1.3 of the Policy, applications for outbuildings that fall within one or more of the criteria in Column D (Unacceptable) of Table 1 will generally be refused. The relevant criteria and staff assessment is tabled below. Outbuildings Policy Requirements - Column D (Unacceptable Outbuildings) i. The proposed outbuilding is located forward of the front of the existing dwelling. ii. The area of the proposed outbuilding in addition to the existing outbuilding is more than 10% greater than specified in Column B Column B provides for a maximum total area 2 of 130m . Assessment/Comment The outbuilding is located closer to the secondary street than the existing house, as shown in Appendix 13.5.1A. The outbuilding is 66.3m² area and together with the existing 84m² outbuilding, the total area of outbuildings will be 150.3m². This represents a 13.6% variation to the requirements of Column B. As detailed above, the proposed outbuilding does not meet the standards under the Policy, in relation to its location and floor area. In considering the variation, the following is relevant: The lot configuration makes it difficult to locate an outbuilding that would not be visible from the street (including Park Road). The proposed setback and height are compliant, which will limit the impact the development will have on the existing streetscape. The subject lot has an area of 2,236m², with the total area of all outbuildings occupying only 6.7% of the site The outbuilding will be partially screened by the existing fence No objections were received from surrounding landowners. Based on the above, it will be recommended that Council support a variation to the Outbuildings Policy in this instance. CONCLUSION The proposal is supported for the reasons outlined above. It is therefore recommended that the proposal be approved subject to appropriate conditions as listed in the staff recommendation. 21 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.1 Continued FINANCIAL IMPLICATIONS Nil STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Local Planning Policy 2.2 - Outbuildings. VOTING REQUIREMENTS Absolute Majority required. STAFF RECOMMENDATION That Council approve the application for an Outbuilding at 54 (Lot 1) Kenwick Road, Kenwick, dated 22 January 2013, subject to the following conditions: 1. The applicant shall submit a drainage design, 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. The design is to be endorsed prior to the lodgement of a Building Permit application and thereafter implemented to the satisfaction of the City of Gosnells. 2. The approved outbuilding is not to be used for habitation, commercial or industrial purposes, without the approval of the City. (ABSOLUTE MAJORITY REQUIRED) 22 Ordinary Council Meeting 13.5.2 City of Gosnells Agenda 26 March 2013 DEVELOPMENT APPLICATION - GROUPED DWELLING - 17B (LOT 189, STRATA LOT 7) JACOBSEN WAY, THORNLIE Author: Author’s Declaration of Interest: Reference: Application No: Applicant: Owner: Location: Zoning: MRS: TPS No. 6: Review Rights: Area: Previous Ref: Appendix: R Munyard Nil. 229118 DA12/00359 Content Living Pty Ltd Sri Hartati 17B (Lot 189, Strata Lot 7) Jacobsen Way, Thornlie Urban Residential R17.5 Yes. State Administrative Tribunal against any discretionary decision of Council. 517m2 Nil. 13.5.2A Site, Floor and Elevations Plans PURPOSE OF REPORT For Council to consider an application for planning approval for a grouped dwelling at 17B (Lot 189, Strata Lot 7) Jacobsen Way, Thornlie as the proposal is outside the authority delegated to staff due to an objection received during the advertising period. BACKGROUND The application was lodged in October 2012. The delay in presenting the application to Council was due to the need for the applicant to submit plans that removed overhanging eaves from two separate easements within the subject site. Site Description and Planning Framework The subject site is vacant and is located at the rear of the survey strata subdivision, as is indicated in the following location plan. The surrounding land uses comprise predominantly low density residential lots. A map identifying the location of the subject site follows. 23 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.2 Continued V RA L H IL EN RD JA CO G BS EN W Y RI FF IT H W Y Proposal The application involves the construction of a single storey dwelling on the rear survey strata lot and includes a garage with a nil setback to the western side boundary, where it abuts Lot 190. A site plan, floor plan and an elevation plan are contained in Appendix 13.5.2A. Consultation The proposal was required to be advertised for public comment as it involves a boundary wall on a site coded Residential R17.5. The Residential Design Codes (R-Codes) and the City's Local Planning Policy 1.1.1 - Residential Development (LPP 1.1.1) requires consultation with the affected adjoining landowner. One submission was received during the advertising period, objecting to the proposal. A summary of this submission and comments thereon follows. 24 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.2 Continued 1. Affected Property: 15 (Lot 190) Jacobsen Way THORNLIE WA 6108 Postal Address: 15 Jacobsen Way THORNLIE WA 6108 Summary of Submission Comment Objection to proposal. 1.1 The proposed boundary wall negatively affects the amenity of the area. See Residential Design Codes section of the report. 1.2 The normal setbacks that are required in a Residential R17.5 area should be adhered to. I purchased a large property so I would not feel enclosed by boundary walls. See Residential Design Codes section of the report. 1.3 I am concerned the proposed boundary wall will require the existing portion of the communal fence to be removed. This will leave my backyard unsecured and will compromise the security and safety of my family, pets and possessions. I do not want builders or contractors being able to access my property. It is noted that the proposed boundary wall is setback 120mm from the boundary line to allow its construction entirely within the boundaries of the subject site. The fence is not in a strong enough condition to survive being removed and erected again in its original location. I am not in a financial position to contribute towards the cost of a new communal fence. See response to submission 1.3. 1.4 Regardless, this is a separate matter between individual land owners under the Dividing Fences Act 1961, which is not enforced by the City. A map identifying the consultation area and the origin of the submission follows. PUBLIC CONSULTATION LEGEND REFERRAL AREA NO OBJECTION COMMENT OBJECTIONS 25 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.2 Continued DISCUSSION Town Planning Scheme No. 6 In accordance with Table 1 of TPS 6, a Grouped Dwelling is a 'D' use in a Residential zone, meaning that it is not permitted unless the local government has exercised its discretion by granting planning approval. Residential Design Codes The proposal complies with all relevant Acceptable Development provisions of the R-Codes, with the exception of that detailed in the table below. Assessment of the proposal against the related Performance Criteria is guided by the City's LPP 1.1.1 and is also detailed in the table below. LPP 1.1.1 prescribes: Standards used to determine whether certain Performance Criteria of the R-Codes are met (column B) Standards of development that the City considers to be unacceptable (Column C). R-Code and Policy Provision 1. Assessment/Comment 6.3.1 Buildings on boundary A1 Buildings which are setback in accordance with the following provisions, subject to any additional measures in other elements of the codes: i P1 Buildings setback from boundaries other than street boundaries in accordance with table 1, tables 2a and figures 2a - 2e. Buildings setback from boundaries other than street boundaries so as to: provide adequate direct ventilation to the building; ensure adequate direct sun and ventilation being available to adjoining properties; provide adequate direct sun to the building and appurtenant open spaces; assist with protection of access to direct sun for adjoining properties; assist in ameliorating the impacts of building bulk on adjoining properties; and assist in protecting privacy between adjoining properties. sun and 26 Table 2a specifies a minimum setback requirement of 1m for walls with no major openings. The proposal involves a nil setback to the western side boundary where it abuts Lot 190. As the proposal does not comply with the Acceptable Development standards, an assessment against the Performance Criteria is therefore required. The proposal is considered to meet the stated Performance Criteria for the following reasons: It will make effective use of space, particularly given the subject site is constrained by two easements, one along the south eastern side boundary and one along the rear of the subject site. It will not have a significant impact on the amenity due to the boundary wall being single storey with a height of 2.435m; and It will not restrict direct sun to the abutting Lot 190 as the wall is proposed to be a maximum height of 2.435m and located adjacent to the south eastern corner of Lot 190. Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.2 Continued R-Code and Policy Provision Assessment/Comment LPP 1.1.1 Column B - Buildings setback in accordance with Acceptable Development provisions of 6.4, 6.7, 6.8 and 6.9. Column C - Development which does not comply with Acceptable Development provisions of 6.4, 6.7, 6.8 and 6.9 and the cumulative effects of variations to these provisions are considered to represent overdevelopment. The proposal complies with the Acceptable Development provisions of 6.4, 6.7, 6.8 and 6.9. As the proposal complies with Column B, an assessment against Column C is not required. CONCLUSION The proposed grouped dwelling development is supported as it generally complies with the R-Codes and the City's Residential Development Policy. It is therefore recommended that the proposal be approved subject to appropriate conditions as listed in the recommendations. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Residential Design Codes Local Planning Policy 1.1.1 - Residential Development. VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION That Council approve the application for a Grouped Dwelling at 17B (Lot 189, Strata Lot 7) Jacobsen Way, Thornlie, dated 26 October 2012, and the amended plans dated 15 February 2013, subject to the following conditions: 1. A geotechnical report is to be submitted in accordance with Australian Standards, certifying that the land is physically capable of development and detailing site conditions with respect to soil, groundwater and stormwater disposal. The report is to stipulate whether the site is suitable for on-site infiltration or what works are required to be implemented to provide for this capability or a suggested alternate means of disposal. 27 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.2 Continued 2. The applicant shall submit a drainage design, prescribing a functional drainage system, including detailed engineering drawings, and necessary technical information to demonstrate functionality of the design. The design is to be endorsed prior to the lodgement of a Building Permit application and thereafter implemented to the satisfaction of the City of Gosnells. 3. The common property accessway being constructed and drained at the developer's cost to the specifications and satisfaction of the City. 4. All cut and fill to be retained within the property boundaries by retaining walls designed by a structural engineer and constructed of masonry or similar approved material. 5. The site is to be connected to the reticulated sewerage system. 6. The proponent is to install and thereafter maintain, landscaping to the development site in accordance with the Residential Design Codes, to the satisfaction of the City. 28 Ordinary Council Meeting 13.5.3 City of Gosnells Agenda 26 March 2013 DEVELOPMENT APPLICATION - MEDICAL CENTRE - 538 (LOT 670), 540 (LOT 673) AND 542 (LOT 674) BALFOUR STREET, SOUTHERN RIVER Author: Author’s Declaration of Interest: Reference: Application No: Applicant: Owner: Location: Zoning: MRS: TPS No. 6: Review Rights: Area: Previous Ref: Appendices: L Langford Nil. 311137, 311136, 311133 DA12/00353 Mapel Building Pty Ltd Blessings Holdings Pty Ltd 538 (Lot 670), 540 (Lot 673) and 542 (Lot 674) Balfour Street, Southern River Urban Residential Development Yes. State Administrative Tribunal against any discretionary decision of Council. 1,266m² (combined). Nil. 13.5.3A Site, Floor and Elevation Plans 13.5.3B Schedule of Submissions PURPOSE OF REPORT For Council to consider an application for planning approval for a Medical Centre at 538 (Lot 670), 540 (Lot 673) and 542 (Lot 674) Balfour Street, Southern River as the proposal is outside the authority delegated to staff due to objections received during the consultation period. BACKGROUND Site Description and Planning Framework The subject site is located at the intersection of Ranford Road and Balfour Street. The site falls within the Southern River Precinct 2 Phase 2 Outline Development Plan (ODP) which designates the site as Residential R30. It is located opposite to land designated as Mixed Business under the Southern River Precinct 5 ODP, which has a valid planning approval for a tavern and bottle shop development. This site forms part of a greater local centre, which includes the Boardwalk Shopping Centre. A map identifying the location of the subject site follows. 29 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 ELK HO R N AV BA L FO U R ST Item 13.5.3 Continued EL KH O R N AV Proposal The application involves the following: The construction of a 454m² single storey medical centre building The building will have three components including a general practice, pathology and a specialised practice The Medical Centre will employ six practitioners and a small number of associated support staff A car parking area containing 23 car parking bays is proposed with vehicular access provided from Balfour Street The medical centre is proposed to operate from 8am to 9pm, seven days a week. The site, floor and elevation plans for the proposed development are contained as Appendix 13.5.3A. 30 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.3 Continued Consultation The proposal was required to be advertised for public comment in accordance with TPS 6 requirements. Eight submissions were received during the advertising period, two objecting to the proposal and six raising no-objection. A summary of these submissions and comments thereon are provided in Appendix 13.5.3B. A map identifying the consultation area and the origin of each submission follows. PK IN S R ST HO EL K HO R N AV BA LF O U CT EL H K O N R AV 31 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.3 Continued The main issues raised in the submissions are as follows: The scale of the building and its compatibility with surrounding residential housing Traffic Car parking Hours of operation Anti-social behaviour. Each is discussed in the following sections, along with any other applicable technical matters. DISCUSSION Town Planning Scheme No. 6 Land Use Permissibility The subject site is zoned Residential Development under TPS 6 and designated Residential R30 under the Southern River Precinct 2 Phase 2 Outline Development Plan. In accordance with TPS 6, a Medical Centre is an "A" use in the Residential Development zone, meaning it is not permitted unless the local government has exercised its discretion by granting planning approval, after advertising. Appropriateness of Use Given that the site abuts an existing activity centre and is located prominently on the corner of two important local distributor roads, being Ranford Road and Balfour Street, the use of the site for a medical centre is considered to be appropriate. Non-Residential Development in the Residential Zone Clause 5.7.1 of TPS 6 states: "Non-Residential Development in the Residential zones shall conform with the provisions of Section 1.5 - Setback Requirements and the maximum plot ratios prescribed in Table 1, of the Residential Design Codes (2002), applicable to the density code afforded to the lot by the Scheme." The subject proposal complies with the plot ratio requirements, however it does not comply with the setback requirements as follows: The building has a nil setback to Ranford Road, rather than 1.5m The boundary wall on the eastern property boundary is overheight. In terms of the nil setback proposed to Ranford Road, it should be noted that commercial development located further up Ranford Road at the Boardwalk Shopping Centre (approximately 200m from the subject site) contains buildings built up to the 32 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.3 Continued Ranford Road boundary. As such, it is considered that the proposed development will be consistent with other buildings of similar use in the area which front Ranford Road. In terms of the proposed boundary walls, the R-Codes stipulate that walls are to be no higher than 3.5m with an average of 3m for two-thirds the length of the balance of the boundary behind the front setback line. The application is proposing a 3.525m high boundary wall that occupies 26.5m of the length of the boundary (less than two-thirds the length of the boundary). While the height of the proposed wall is marginally greater than the acceptable standard of the R-Codes, its length is lesser than the Codes standards would allow for and therefore its overall size is considered appropriate in the circumstances. Car Parking There are no car parking standards under Table 3A of TPS 6 for the Medical Centre land use. Clause 5.13.1 of the Scheme states: "Where a development is not specified in Table No. 3A the Council shall determine car parking requirements having regard to the nature of development, the number of vehicles likely to be attracted to the development and the maintenance of desirable safety, convenience and amenity standards." In addition TPS 6 does provide a parking standard for consulting rooms suggesting that four bays are required per consulting room. In this case, the development includes five consulting rooms which infers that 20 bays would be sufficient for the development. The application states that the Medical Centre will employ six practitioners and a small number of associated support staff. It is considered reasonable to suggest that two patients for each practitioner would be on site at any one time, therefore leading to a demand for 18 bays. In addition, the Centre will employ a small number of support staff. As such, the provision of 23 car parking bays is considered acceptable. Traffic A submission raised concerns with regard to the proposed hours of operation and the resultant increase in traffic outside non-typical hours and the impact that it will have on traffic in the local area. The applicant has prepared a Transport Statement in accordance with Western Australian Planning Commission (WAPC) policy to address any potential traffic issues associated with the development. As mentioned previously, the development proposes vehicle access from Balfour Street which connects to Ranford Road. Under the Perth Metropolitan Functional Road Hierarchy, Balfour Street is classified as an Access Road (or Local Distributor Road in the future) which is designed to accommodate up to 3,000 vehicles per day (or 5,000 once fully constructed) and Ranford Road is classified as a 'District Distributor (A) road' and currently accommodates approximately 22,400 vehicles per day. The Transport Statement identifies that the general practice/pathology components could generate up to 420 vehicle trips per day (42 in the peak hour) and the specialist practice could generate up to 227 vehicle trips per day (23 trips in the peak hour). Balfour Street currently accommodates approximately 1,200 vehicles per day, which is clearly less than the current and future design capacity of the road, being 3,000 and 5,000 vehicles per day, respectively. It should be noted that the tavern/bottleshop 33 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.3 Continued development located opposite to the subject site is predicted to generate approximately 905 vehicle trips per day (165 trips in the peak hour). For this reason, and given that Ranford Road is designed to accommodate large volumes of traffic, it is considered that the impacts of the traffic volumes associated with the development on the road network are acceptable. Notwithstanding the above, a submission was received which requested that the development provide vehicular access from Ranford Road instead of Balfour Street, suggesting that Balfour Street should only serve local residents. In this regard, it should be noted that crossovers onto major roads are generally discouraged where alternative access is available. It should also be noted that the proposed tavern and bottleshop development located opposite to the subject site also provides for vehicular access from Balfour Street. From a traffic safety perspective, it is preferred that Balfour Street is used as a preferred access point for vehicles. Amenity Visual Amenity A submission has raised a concern that the proposed medical centre building is not compatible with the surrounding residential housing. Whilst the proposed building is single storey, it will be on average 5m tall, with a maximum height of 6m, which is similar in height to a two-storey house. Whilst the façade of the building clearly looks like a commercial building as opposed to a residential house, it is considered that this style of development would be complementary to the future tavern and bottle shop development on the opposite side of Balfour Street and is therefore acceptable. Hours of Operation As mentioned previously, a submitter raised concerns with regards to the hours of operation and the impact that it will have on the amenity of surrounding properties due to adverse traffic. In this regard, given that the proposed medical centre is located opposite a future tavern/bottleshop site, which will have later hours of operation (7:30am to midnight on Monday to Saturday and 7:30am to 10pm on Sundays), it is considered that traffic associated with the medical centre will not significantly impact on the amenity outside of standard hours of operation. Anti-Social Behaviour A submission has raised a concern with regard to the potential for the development (being commercial in nature) to increase anti-social behaviour (such as burglary) for properties surrounding the subject site. It is considered that there is no evidence to suggest that this type of behaviour would occur. In any event it is a separate matter that should be referred to the Police. CONCLUSION The proposal is supported for the following reasons: The proposed use is appropriate in its context given that it faces existing commercially zoned land that forms part of a greater activity centre under the Southern River Precinct 5 ODP. 34 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.3 Continued Where the proposal does not meet the setback standards of the R-Codes, the impacts associated with the variations are considered to be minor and acceptable. The proposed car parking on the site will be capable of accommodating the proposed development It is not anticipated that the proposed development will generate excessive traffic outside the capacity of the existing road network The proposed development, including its hours of operation, is not expected to unreasonably impact on the amenity of the area. It is therefore recommended that the proposal be approved subject to appropriate conditions as listed in the staff recommendation. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Southern River Precinct 2 Phase 2 Outline Development Plan. VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION That Council approve the application for a Medical Centre at 538 (Lot 670), 540 (Lot 673) and 542 (Lot 674) Balfour Street, Southern River dated 24 October 2012, subject to the following conditions: 1. Development may only be carried out in accordance with the terms of the application as approved herein and any approved plan. 2. 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. 3. All cut and fill to be retained within the property boundaries by retaining walls designed by a structural engineer and constructed of masonry or similar approved material. 4. The site is to be connected to the reticulated sewerage system. 35 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.3 Continued 5. The driveways, accessways and carbays are to be paved, drained and marked to City’s standards in accordance with the approved plan and Table 3B of Town Planning Scheme No. 6. 6. 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 an application for a Building Permit. 7. 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. 8. External finishes and colour schemes are to be submitted prior to the lodgement of an application for a Building Permit to the satisfaction of the City. 36 Ordinary Council Meeting 13.5.4 City of Gosnells Agenda 26 March 2013 DEVELOPMENT APPLICATION - SIGNAGE (DAN MURPHY'S) - 888 (LOT 99) NICHOLSON ROAD, CANNING VALE Author: Author’s Declaration of Interest: Reference: Application No: Applicant: Owner: Location: Zoning: MRS: TPS No. 6: Review Rights: Area: Previous Ref: Appendices: K Ivory Nil. 309492 DA12/00409 MGA Town Planners AV Ventures Pty Ltd 888 (Lot 99) Nicholson Road, Canning Vale Urban Residential Development Yes. State Administrative Tribunal against any discretionary decision of Council. 1.4199ha OCM 9 October 2012 (Resolution 473) 13.5.4A Approved Elevation Plans 13.5.4B Proposed Elevation Plans PURPOSE OF REPORT For Council to consider an application for planning approval for Signage at 888 (Lot 99) Nicholson Road, Canning Vale as the proposal is outside the authority delegated to staff due to non-compliance with Local Planning Policy 4.9 - Signage and Flags. BACKGROUND Site History The site has been developed for commercial purposes comprising a mix of medium sized and large format showroom and warehouse type developments. On 9 October 2012 Council resolved (Resolution 473) to approve an application for a Liquor Store and associated signage on the subject site. In approving the signage, Council imposed a condition requiring the submission of amended plans which excluded the "mural" sign. The removal of the "mural" sign was on the basis that is was considered to have a negative impact on the surrounding streetscape and road users in general as well as leading to an over proliferation of signage on the subject site. A plan illustrating the 13 approved signs is contained as Appendix 13.5.4A. The current signage application proposes changes and an increase to the signage that was previously approved by Council. Site Description and Planning Framework The property is located within the West Canning Vale Outline Development Plan (ODP) and is designated Mixed Business. Adjoining the south-west (rear) boundary is an area of Local Open Space, and adjoining the south-east (side) boundary are properties designated Mixed Business under the ODP. 37 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.4 Continued B R AN FO 99 SUBJECT SITE AN GR VD D R D RD G LE N A R IF F BV D COG BOU NDAR Y N IC H O LS O N RD A map identifying the location of the subject site follows. Proposal The application seeks approval for 15 signs as follows: One internally illuminated wall sign (Sign 2) Four externally illuminated wall signs (Signs 1, 6, 9 and 11) 10 non illuminated wall signs (Signs 3- 5, 7, 8, 10, 12 and 13-15). Elevation plans are contained in Appendix 13.5.4B. Consultation The proposal was not required to be advertised for public consultation. DISCUSSION Town Planning Scheme No. 6 The erection of signage is defined as development under TPS 6 and as the proposal is not exempted by Clause 9.2 (f) of TPS 6, it requires planning approval. 38 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.4 Continued Local Planning Policy 4.9 - Signage and Flags The proposal complies with all relevant provisions of LPP 4.9, with the exceptions detailed in the table below. The assessment has been split into the various elevations for reasons of clarity. Signage No. 1&2 3&4 7&8 9 & 10 13 & 14 LPP 4.9 Wall Sign Standards Assessment There shall be at least 4m between other wall signs on the same face of any building. Signs 1 and 2 are positioned 1.2m apart, signs 3 and 4 are 1.3m apart, signs 7 and 8 are 1.9m apart, signs 9 & 10 are 3.6m apart and signs 13 and 14 are 1.2m apart. Signs 1-4 are located on the internal frontage and will have a limited impact on the streetscape. Whilst the other signs front the public road, given the scale of the proposal and the separation provided by the existing awnings, the variation is considered acceptable. 11-15 Two signs per tenancy per street frontage. A total of five signs have been proposed for the Ranford Road frontage. Given the size of the signs and the resultant impact on the streetscape, it is considered that a variation to the Policy is not appropriate in this instance. It will therefore be recommended that if the application is approved, a condition be imposed requiring the submission of amended plans providing for only two signs along the Ranford Road frontage. CONCLUSION The proposal, subject to the imposition of a condition limiting the number of signs along Ranford Road, is considered acceptable. It is therefore recommended that the proposal be approved subject to appropriate conditions as listed in the staff recommendation. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Local Planning Policy 4.9 - Signage and Flags West Canning Vale Outline Development Plan. VOTING REQUIREMENTS Simple Majority required. 39 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.4 Continued STAFF RECOMMENDATION That Council approve the application for Signage at 888 (Lot 99) Nicholson Road, Canning Vale, dated 4 December 2012, subject to the following conditions: 1. The submission of amended plans which provides no more than two signs facing the Ranford Road frontage, so as to comply with Local Planning Policy 4.9 - Signage and Flags. 2. The signage shall not contain reflective or retro-reflective colours or materials. 40 Ordinary Council Meeting 13.5.5 City of Gosnells Agenda 26 March 2013 MADDINGTON TOWN CENTRE ACTIVITY CENTRE CONCEPT PLAN Author: Author’s Declaration of Interest: Zoning: MRS: TPS No. 6: Area: Previous Ref: Appendices: A Denford Nil. Urban, Parks and Recreations, Industrial Highway Commercial, Light Industry, General Industry, Residential Development 22.024ha OCM 27 November 2012 (Resolution 591) 13.5.5A Advertised Structure Plan 13.5.5B Schedule of Submissions 13.5.5C Schedule of Submitters 13.5.5D Revised Maddington Town Centre Concept Plan PURPOSE OF REPORT For Council to consider: Submissions from landowners on the Concept Plan for the portion of the Maddington Town Centre (MTC) Activity Centre area bound by Lower Park Road to the north, Albany Highway to the south, Kelvin Road to the east and Alloa Road to the west. A revised MTC Concept Plan that extends the area of the MTC Activity Centre to include the area bound by Burslem Drive and Olga Road (as required by the Department of Planning) and to initiate advertising in accordance with Local Planning Policy 4.2 - Advertising/Referral of Scheme Amendment Applications. BACKGROUND At its meeting on 27 November 2012 Council resolved the following: Resolution 591 "That Council initiate advertising of the Maddington Town Centre (MTC) Structure Plan for a period of 42 days by way of: 1. Letters being sent to all landowners within the MTC Structure Plan area and within 100 metres of the MTC Structure Plan boundary 2. An advertisement placed in the Comment newspaper 3. Advertising on the City's website 4. Public displays at the City's Civic Centre and libraries". The advertised Structure Plan is attached as Appendix 13.5.5A. In accordance with the aforementioned Council Resolution, the Structure Plan was advertised between 19 December 2012 and 11 February 2013. 41 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.5 Continued A map identifying the advertised Concept Plan area follows. LO W E R PA R K A LL O A R D RD KI TS O N PL PR A TT C T TH E AL B AN CR ES CE NT Y HW Y In total, 18 submissions were received. Of the 18 submissions, two were submitted after the close of the advertising period. A number of the submissions received relate to more than one property. A map identifying the locations of the submissions follows. 42 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.5 Continued PUBLIC CONSULTATION LEGEND INDICATIVE 1 0 0 m RADIUS LO RE FE RRAL AREA NO O BJ E CTION CO M MENT O BJ E CTIONS W E R PA R K A LL O A R D RD KI TS O N PL PR A TT T P SO N ST C S AM TH E AL B AN CR ES CE NT Y Y BL AC KB UR N ST HW 43 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.5 Continued The submissions may be categorised as follows: 9 3 submissions indicated no objection to the Concept Plan 6 submissions provided only comment on the Concept Plan. d objection to the Concept Plan Landowners have raised the following issues in the submissions: Concerns any future rezoning will adversely affect existing industrial business operators Concerns that increased areas of retail floorspace will adversely affect existing retail business operators Concerns about an unsafe traffic environment created by the proposed extension of Blackburn Street Concerns the proposed open space is not located to optimise patronage. A more detailed summary of the matters raised in the submissions and staff comments in response are detailed in Appendix 13.5.5B. A list of persons making submissions and related submission reference numbers are contained in Appendix 13.5.5C. During the advertising period the Department of Planning (DoP) advised it was not able to support any future MRS or Scheme Amendment over the advertised area because it was inconsistent with the MTC Activity Centre area defined in Directions 2031, which is the State Government's over-arching planning strategy for the Perth and Peel regions. The MTC Activity Centre area defined in Directions 2031 is bound by Lower Park Road to the north, Burslem Drive to the south, Kelvin Road/Olga Road to the east and Alloa Road/Burslem Drive to the west. A map identifying this broader MTC Activity Centre area follows. 44 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.5 Continued DISCUSSION Extending the Structure Plan Area In terms of the suggestion to extend the Structure Plan area by the DoP the following is noted. The decision to initiate advertising over the Station-Oval Precinct of the MTC Activity Centre area alone was based on the following considerations: Land zoned Industrial under the MRS and the Scheme is exclusively contained within the Station-Oval Precinct and it was considered appropriate to quarantine this area from the overall MTC Activity Centre area so as to more effectively address concerns from owners of industrial zoned land. The Station-Oval Precinct is where Maddington Oval is proposed to be re-configured into a high quality parkland. 45 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.5 Continued The Station-Oval Precinct is where the most significant changes are proposed to the architecture of the existing road network within the MTC Activity Centre area including the 40 metre wide central boulevard linking the rail station to the public open space, additional access points to Kelvin Road and the extension of Blackburn Street. The Station-Oval Precinct contains all of the City's landholdings within the MTC Activity Centre area (including the Operations Centre) and therefore land ownership is proportionally less fragmented than the balance of the MTC Activity Centre area. As this provides greater certainty in terms of development outcomes and timeframes it was considered appropriate to excise this precinct from the overall MTC area. Nevertheless the DoP are insistent the entire MTC Activity Centre area is required to be addressed as part of any future MRS or Scheme Amendment to maintain consistency with the objectives of Directions 2031. In response to the DoP's request, a revised Concept Plan has been prepared which extends the Structure Plan area (refer Appendix 13.5.5D). This provides a broad categorisation to proposed land uses to the south of the Albany Highway which is in keeping with the land use categories proposed for the advertised area. It is important to emphasise the MTC Activity Centre Plan has no statutory weight and has been prepared for the exclusive purpose of amending the MRS and the Scheme. As such, land use activities nominated on the MTC Activity Centre Concept Plan are indicative only and will be reviewed during the detailed design phase of the ODP preparation process. The areas notionally designated residential within the revised MTC Activity Centre Concept Plan will encourage housing supply and diversity while recognising the commercial and mixed use environment in order to promote appropriate scales and land use intensity. The Residential Activity Centre (R-AC) zones defined in the Residential Design Codes are intentionally flexible and do not prescribe specific density codings. However, in order to achieve the broader strategic objectives stipulated by the State Government in Directions 2031, to be consistent with the adjacent R80 density within the Maddington Central ODP and to complement the principles of Transit-Oriented Development (TOD) on which the MTC Concept Plan is based, it is anticipated the residential densities within the Activity Centre area will range from R80 to R160. The revised MTC Activity Centre Concept Plan indicatively proposes a mix of commercial, retail and residential land use activities (denoted by the Secondary Centre nomenclature) in all additional development cells. The existing street grid is proposed to be extended to form an integrated movement network based on the principles stipulated in Liveable Neighbourhoods. Orr Street is proposed to connect Olga Road with Herbert Street to strengthen east-west movement. 46 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.5 Continued The extension of Blackburn Street between Attfield Street and Burslem Drive is a critical element of the MTC Concept Plan for several reasons. It will play an important role in facilitating north-south connection throughout the entire MTC area and it will assist the MTC to achieve better integration with surrounding areas, including recreational connection to the Canning River. Feedback on Advertised Plan Several submissions raised concerns that future rezoning will affect existing industrial businesses. In this regard, all existing industrial land uses will be able to continue as non-conforming uses and therefore, will not be directly affected by the plan. In terms of new retail floorspace impacting on existing retail businesses and the need to improve the road traffic environment, these issues will be addressed during more detailed planning. Finally, in terms of the location of the public open space, the proposed area of public open space has been located to maintain an historic link with Maddington Oval. Furthermore, the proposed open space is commensurate in area with the existing amount of open space and finally, the configuration of open space will provide a generous physical and visual buffer to the industrial land use activities on the northern side of Lower Park Road. The Future Should Council agree to progress with the extended Structure Plan area, the subsequent submission of the revised MTC Activity Centre Concept Plan to the Western Australian Planning Commission will precede initiation of Amendments to the Metropolitan Region Scheme (MRS) and the City of Gosnells Town Planning Scheme No. 6 (the Scheme). This will then facilitate lodgement of an Outline Development Plan (ODP) for the MTC Activity Centre in accordance with Part 7 of the Scheme. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Nil. VOTING REQUIREMENTS Simple Majority required. 47 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.5 Continued STAFF RECOMMENDATION 1. That Council note the submissions received during the advertising of the portion of the Maddington Town Centre (MTC) Activity Centre area bound by Lower Park Road to the north, Albany Highway to the south, Kelvin Road to the east and Alloa Road to the west. 2. That Council initiate advertising of the revised MTC Activity Centre Concept Plan in accordance with the provisions of Local Planning Policy 4.2 - Advertising/Referral of Scheme Amendment Applications, for a period of 28 days by way of: i) Letters being sent to all landowners within the portion of the MTC Activity Centre area bound by Albany Highway to the north, Burslem Drive to the west and south and Olga Road to the east and within 100 metres of this portion of the MTC Activity Centre boundary. ii) An advertisement placed in the local newspaper. iii) Advertising on the City's website. iv) Public displays at the City's Civic Centre and libraries. 48 Ordinary Council Meeting 13.5.6 City of Gosnells Agenda ARMADALE GOSNELLS LANDCARE INCREASE IN FINANCIAL SUPPORT Author: Author’s Declaration of Interest: Previous Ref: Appendix: 26 March 2013 GROUP - REQUEST FOR W van Lieven City representative on Armadale Gosnells Landcare Group Management Committee OCM 28 June 2011 (Resolutions 266 and 267) OCM 10 June 2008 (Resolutions 242 and 243) 13.5.6A Natural Areas Partnership proposal PURPOSE OF REPORT For Council to consider whether to support a request from the Armadale Gosnells Landcare Group (AGLG) for increased financial support, and for the associated Natural Areas Partnership proposal between the City and the AGLG. BACKGROUND The AGLG has worked closely with the Cities of Gosnells and Armadale since 1999, undertaking on-ground rehabilitation and revegetation activities, as well as foreshore protection and restoration works, particularly in sensitive areas on the banks of the Canning and Southern Rivers. The bulk of the AGLG's operational sites are in the management of local government. The Cities of Gosnells and Armadale have been providing matching annual financial and administrative support since the 1998/99 financial year. Council's annual financial support for the first ten years to the 2007/08 financial year was fixed at $30,000 (GST exclusive). On 10 June 2008, Council resolved (Resolution 242) to support an increase of $5,162 in the 2008/09 budget to meet normal increases in operating costs. On 28 June 2011, Council resolved (Resolution 267) to endorse the AGLG Business Plan 2011/12 to 2013/14 as the strategic financial guide for the AGLG. Importantly, the Business Plan provides budget projections that provide for annual cost increases. On the basis of these budget projections, Council resolved (Resolution 266) to note the proposed increase in annual financial support to the AGLG from $35,162 to $47,776 in the 2011/12 financial year budget and to give due consideration to the allocation of $49,925 during the development of the 2012/13 budget. Council's budgets for 2011/12 and 2012/13 provided financial support in line with the Business Plan's projections. The AGLG Business Plan 2011/12 to 2013/14 proposes $52,171 in financial support from both Cities in the 2013/14 budget. This figure has been factored into the draft Urban Regeneration budget for 2013/14, in keeping with the Business Plan's projection. AGLG has employed a Community Landcare Coordinator (CLC) since 1998, and a Community River Restoration Officer (CRRO) since 2001. The former position is funded through annual contributions from both Cities (in 2012/13 of $49,925 each); the latter position's funding relies entirely on external sources. 49 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.6 Continued A key role of the CLC position is to seek funds for the group's operations and activities. AGLG advises that, in the fourteen years since its establishment, external funding of more than one and a half million dollars has been achieved for activities within the two Cities. Council's previous considerations regarding increased financial support for the AGLG have taken into account the volume of work undertaken by the AGLG and importantly, the dollar return on investment based on the cumulative value of AGLG's works in the City: In 2010/11, $180,000 in external funding and volunteer works, representing a return of more than $5.00 for every dollar of the City's $35,162 financial investment in the AGLG in that year. In 2011/12, $171,181 in external funding and volunteer works, representing a return of $3.60 for every dollar of the City's $47,776 financial investment in the AGLG in that year. The AGLG is currently active at eight project sites in the City: John Okey Davis Park, Gosnells Southernwood Park, Gosnells Yilgarn Way Reserve, Gosnells Mary Carroll Park Wetlands, Gosnells Homestead Park, Thornlie Corriedale Springs, Thornlie Tom Bateman Reserve Bushland, Thornlie Sutherlands Park Bushland, Huntingdale. It should be noted that the AGLG's activities at the Mary Carroll Park Wetlands, Tom Bateman Reserve Bushland and Sutherlands Park Bushland are in partnership with the City and significantly assist in the implementation of the City's Biodiversity Conservation Management Plan 2010 (BCMP). These three sites are identified by the BCMP as high priority sites for the City's management. Many of the AGLG sites have ongoing rehabilitation programs and have received continuous funding for over ten years. This has allowed significant improvements to be made to the sites, with long term benefits to the ecology and community perspective of the area. The bulk of funding achieved by the AGLG on behalf of the City would not normally be available to local government. Where local government is eligible, the City would tend not to apply for funding for the type of projects undertaken by the AGLG, as it does not have sufficient capacity or skills to undertake this type of work. Importantly, funding proposals that include community volunteer activity are viewed more favourably by funding bodies who view community activation as a critical aspect. Although the City seeks to promote and encourage volunteering, it has relied on the AGLG's initiatives to address this objective in the area of the natural environment. 50 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.6 Continued AGLG staff contracts provide for weekend work at normal rates of pay at critical times of the year, which is a key element to successfully working with and engaging community volunteers. The requirement for City staff to be paid penalty rates for weekend work is extremely limiting in this area. DISCUSSION AGLG Funding Situation The AGLG has requested an increase of $37,342 financial support, commencing in the 2013/14 financial year. The request does not relate to increased costs. It proposes the funding by the City of Gosnells and the City of Armadale of the CRRO position which has, to date been funded from other sources. The CRRO position has historically been funded by grants, but funding for employment costs has effectively been removed from the scope of state and federal government grants for approximately three years. The AGLG has achieved funding for the CRRO position for the last three years through innovation by way of contracting services to the South-East Regional Centre for Urban Landcare for revegetation works associated with the federal government's Urban Waterways Renewal program. The contract concludes on 30 June 2013 and there are no immediate apparent sources of funding for the position beyond this date. The increasingly limited availability of grant funding for employment of staff, to the current point of being non-existent, is considered by the AGLG to present an unacceptable risk to the Group's ability to maintain operational activity from the beginning of the new financial year at its 26 active sites in the Cities of Gosnells and Armadale and to continue to expand its landcare activities. Should a funding source for the CRRO position not be found, the position would cease to exist. The outcome would be a significant reduction in the AGLG's capacity to work with partner local governments and their communities and its ability to attract external funding. The net result would be a major contraction in this very successful community-based landcare program in both Cities. If the Council was to agree to fund these activities it is an example of cost shifting by the Federal Government. Although this situation is not endorsed by the City, in this case the programs and actions that have been delivered to the community are of significant benefit to the local environment. The AGLG's request for increased financial support is underpinned by the group's Natural Areas Partnership (NAP) proposal, through which mutual benefits are envisaged. Under the NAP, the number of current AGLG project sites would gradually be reduced to allow for integration into the AGLG project scope of new sites of high priority to the City. AGLG works would become integrated with the City's BCMP and AGLG staff resources would be directed to working in close partnership with the Parks and Environmental Services section in the management of the City's Natural Areas. The NAP proposes a proportion of AGLG staff time to be dedicated to working on BCMP priority sites in the City. 51 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.6 Continued In proposing the NAP, the AGLG has considered two options: Options 1. Reduce Landcare Activities If funding for the CRRO position is unable to be secured for the period 1 July 2013 onward, operational activities by AGLG will of necessity contract to pre-2001 levels, the period prior to the engagement of the CRRO. By way of background, the CLC role is currently 70% office-based and 30% assisting with on-ground works. This includes significant weekend work over winter, with 15 community planting days being held over 12 weekends during the 2012 planting season. The CLC's key tasks include: Preparation of grant applications Reporting to AGLG and the Cities Financial management Media releases and promotional work General coordination of the AGLG. By contrast, the CRRO position is approximately 25% office-based and 75% in the field. The CRRO's key tasks include: Coordination and management of volunteer landcare activities Planning and coordination of plant orders Planning and supervision of maintenance activities, including weed control Coordination of community, school and corporate volunteer activities. The loss of the CRRO position itself would reduce the AGLG's capacity, but its compound impact on the CLC position would significantly reduce the group's scope through the need to undertake CRRO operational tasks. Opportunities for external funding of projects, for which the AGLG has an impressive track record, would disproportionately reduce, given the redirection of CLC resources to CRRO tasks at the cost of CLC tasks. Under this option, the AGLG would need to significantly reduce the number of areas it manages in keeping with the diminished resource base. This option would place at risk investments made by both Cities and external funding bodies. Management of a number of sites would either cease, or need to be taken over by the Cities where they have existing management responsibility, adding to an already onerous Natural Areas management responsibility. Given current limited resources allocated to Natural Areas management in both Cities, it is likely these sites would be "abandoned" and their condition allowed to decline. 52 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.6 Continued Impacts under this option would include: Reduced number of sites activated and managed by the AGLG Expectation for the Cities to manage "abandoned" sites Reduced ability to attract external funding Reduced opportunity for community activation Reduced number of school, corporate and community volunteer activity days. The AGLG has advised that it is of the clear understanding that the loss of the CRRO position would deal a serious blow to landcare in the Cities of Armadale and Gosnells and the potential demise of a demonstrably highly successful community activation program. 2. Natural Areas Partnership The AGLG has prepared (for consideration by the Cities of Gosnells and Armadale) a proposal entitled the Natural Areas Partnership (NAP). The NAP proposes: An increase in financial support from the Cities of Gosnells and Armadale to share the salary of the CRRO position A tangible benefit to the Cities through the integration of AGLG landcare activities and staff with their Natural Areas management programs. Briefly, the NAP proposes a partnership in which a proportion of AGLG staff resources would be dedicated to programmed work with the Natural Areas management teams of the two Cities. Under the proposal, each City would take advantage of a 0.2FTE allocation of each of the CLC and CRRO officers (total 0.4FTE), with vehicle, to work in coordination with the City. Advantages to the City of Gosnells would include: Improving the implementation of the City's BCMP Enhanced Natural Areas management capacity Increased community volunteer activity in the City's Natural Areas management Increased opportunity to attract external funding for City sites, which is not generally available to local government Knowledge transfer and enhanced staff capability Opportunity to initiate works in priority sites Improved mobility of Natural Areas personnel Working directly with the community The ability to engage community volunteers in weekend activities, which would be facilitated by AGLG staff whose contracts identify the need to undertake work on weekends during peak landcare activity times at normal rates of pay. These advantages are further explained in the NAP, at Appendix 13.5.6A, which also provides an examination of how the NAP addresses many of the initiatives/objectives identified in the City of Gosnells' Community Plan - Our Future: 10 Point/10 Year Commitment. 53 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.6 Continued Under the NAP, each of the two partner Cities would increase their financial support to the AGLG in the 2013/14 financial year by $37,342 to each meet 50% of the employment costs of the CRRO. Evaluation Under Scenario 1, the City would maintain its current level of financial support to the AGLG, but its return on investment would diminish significantly: The number of sites that the AGLG would be able to manage or activate would significantly reduced The capacity to attract external funding for a reduced number of project sites would be disproportionately reduced. The management of "abandoned" sites, namely those AGLG sites located on lands under local government management, could not be met under existing resource allocations to the City's Natural Areas management program. It is highly likely that the outcome would be the gradual decline in condition of currently successful rehabilitation sites. Scenario 1 is not considered desirable. Under Scenario 2, the NAP, the City's financial 2013/14 support for the AGLG would further increase from current funding of $52,171 to an amount of $89,513. Although involving a considerable increase in financial support, Option 2 would enable: The maintenance of the AGLG's current project sites Forward planning towards the City's Natural Areas management priorities A programmed transition from more mature sites to new sites under the City's management An effective 0.4FTE increase in the City's Natural Areas management capacity Enhanced mobility of the City's Natural Areas Team through the effective addition of 0.4 utility vehicle A focus by the AGLG on management activity in the City's 103 hectares of BCMP Category One and Two priority sites Community activation and volunteer activity associated with the management of the City's Natural Areas The acquisition of external funds, not generally accessible to local government, to support the management of City sites. The NAP is considered to provide a financially efficient mechanism to address both the City's and the AGLG's Natural Areas management issues. Should the proposal be supported, a formal agreement between the City and the AGLG would be necessary with regard to the proposed resource allocation to the City. 54 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.6 Continued If the NAP was adopted by the Council, it would enhance the City's management of its Natural Areas and the skill set and capacity of the Natural Areas Team. Further, the AGLG NAP proposal would still afford the City an innovative opportunity in Natural Areas management that would assist in moving the City closer to meeting the resource needs of this area of responsibility. Although the "cost shifting" analogy by higher levels of Government could be applied to this proposal, it is suggested that the initiative needs to be assessed on its merits. In this case the delivery of programs in this key area of responsibility could be argued to warrant the relatively minor additional investment in the program. It is recommended that Council support the AGLG's request for additional financial support, based on the value provided in the NAP, and that Council note the proposed increase in annual financial support to the Armadale Gosnells Landcare Group from $52,171 to $89,513 in the 2013/14 financial year budget. Should Council support the AGLG's request, further discussion on the integration of AGLG activities with the City's BCMP priorities will be initiated. FINANCIAL IMPLICATIONS Should Council support the AGLG's proposal to increase its financial support, the City's budget for 2013/14 would need to consider an allocation of an additional $37,342 for that purpose. STATUTORY IMPLICATIONS Nil. VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION (1 OF 2) That Council support the staff resource sharing concept outlined in the Armadale Gosnells Landcare Group's "Natural Areas Proposal" attached as Appendix 13.5.6A. STAFF RECOMMENDATION (2 OF 2) That Council note the proposed increase in annual financial support to the Armadale Gosnells Landcare Group of $37,342 in the 2013/14 financial year budget. 55 Ordinary Council Meeting 13.5.7 City of Gosnells Agenda 26 March 2013 DEVELOPMENT APPLICATION - EIGHT MULTIPLE DWELLINGS - LOT 304 GATEWAY BOULEVARD, CANNING VALE Author: Author’s Declaration of Interest: Reference: Application No: Applicant: Owner: Location: Zoning: MRS: TPS No. 6: Review Rights: Area: Previous Ref: Appendices: K Ivory Nil. 225052 DA12/00383 Design Better Buildings World Phone Card Pty Ltd and H S Pabla Lot 304 Gateway Boulevard, Canning Vale Urban Residential Development Yes. State Administrative Tribunal against any discretionary decision of Council. 855m² Nil. 13.5.7A Detailed Area Plan 13.5.7B Site, Floor and Elevation Plans 13.5.7C Schedule of Submissions PURPOSE OF REPORT For Council to consider an application for planning approval for eight Multiple Dwellings at Lot 304 Gateway Boulevard, Canning Vale, as the proposal is outside the authority delegated to staff due to objections received during the consultation period. BACKGROUND Site Description and Planning Framework The subject site is located on the corner of Gateway Boulevard and Fraser Road North. The site is currently vacant and is surrounded by medium density housing. The property is zoned Residential Development under Town Planning Scheme No. 6 (TPS 6) and designated as a Mixed Use Centre under the Canning Vale Outline Development Plan (ODP). The subject site is subject to an approved Detailed Area Plan (DAP). A copy of this plan is contained as Appendix 13.5.7A. A map identifying the location of the subject site follows. 56 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.7 Continued CA D G AT E W AY N R F O R O UX PR O M TH D ER S RA BL V D 304 Proposal The application involves the following: The construction of a two-storey building incorporating eight multiple dwellings A total of ten carparking bays are proposed to the rear of the building which is accessed via Gateway Boulevard Ground floor units are to be of an adaptable nature to allow for potential future commercial uses. The site, floor and elevation plans are contained as Appendix 13.5.7B Consultation Whilst not required under Town Planning Scheme No. 6 (TPS 6), the proposal was advertised to surrounding properties for public comment for 14 days during which time 15 submissions were received, 10 objecting to the proposal, four raising no objection and one providing a comment on the proposal. A map identifying the consultation area and the origin of each submission is contained in Appendix 13.5.7C. 57 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.7 Continued C AD OU X PR PUBLIC CONSULTATION LEGEND O M REFERRAL AREA NO OBJECTION COMMENT OBJECTIONS 420 G A O N H RT TE W AY 445 RD E AS FR B R 282 LV D 304 305 283 281 280 201 O AN M SS A P The main issues raised in the submissions are as follows: Privacy Overshadowing Residential Density Carparking. Each is discussed in the following sections, along with any other applicable technical matters. DISCUSSION Town Planning Scheme No. 6 The subject site is zoned Residential Development under TPS 6 and designated Mixed Use Centre under the Canning Vale Outline Development Plan. In accordance with TPS 6, Multiple Dwellings are a "D" use in the Mixed Use zone, meaning they are not permitted unless the local government has exercised its discretion by granting planning approval. 58 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.7 Continued Canning Vale Outline Development Plan The subject site is designated as a Mixed Use Centre under the Canning Vale ODP. The Mixed Use Centres are intended to be commercial focal points in the area, supported by medium density housing generally within a 200m radius of the centre. Clause 6.1.1 of the Canning Vale ODP text requires that development on land shall be generally in accordance with an approved DAP. This matter is discussed below. Detailed Area Plan A DAP was approved for the subject site in April 2012, which sets out the manner in which subdivision and development is to occur. The approved DAP is contained as Appendix 13.5.7A. The adopted DAP designates the subject site a mixed use precinct, encouraging residential and non-residential uses to provide for increased opportunity for commercial outlets in the DAP area and a diverse range of accommodation. The DAP states that where only residential development is proposed, the built form is required to be of an adaptable nature to allow for potential future commercial uses by incorporating design features that provide activation and passive surveillance to all streets. The subject application proposes a flexible structural building design which will accommodate commercial premises. This includes the provision of multiple doors and large areas of glazing on the corner elevation to provide opportunity for commercial tenancies as part of this development. The application also involves the provision of a number of on-street carparking bays. These bays are in addition to what is required by the R-Codes, and may be used to service future commercial uses. Residential Design Codes (R-Codes) The R-Codes include Acceptable Development Criteria (prefixed by “A”) and Performance Criteria (prefixed by “P”). Applications not complying with the Acceptable Development Criteria can be assessed against relevant Performance Criteria. The subject proposal complies with all relevant Acceptable Development provisions of the R-Codes (including privacy and overshadowing), with the exception of those detailed in the following table. 59 City of Gosnells Agenda Ordinary Council Meeting 26 March 2013 Item 13.5.7 Continued R-Code and Policy Provision 1. A2 P2 2. Assessment/Comment 7.3.2 Landscaping Landscaping of open spaces accordance with the following: in landscaping between each six consecutive external parking spaces and to include shade trees; lighting provided to pathways, and communal open space and carparking areas; The space around the building is designed to allow for planting. Landscaping of the site is to be undertaken with appropriate planting, paving and other landscaping that: meets the projected needs of the residents; enhances security and safety for residents; and contributes to the streetscape. 7.4.7 Essential Facilities A7.3 Developments are provided with: An adequate communal area set aside for clothes-drying, screened from the primary or secondary street; Clothes drying facilities, excluding electric clothes dryers screened, from public view, provided for each multiple dwelling. No landscaping between each six consecutive external parking spaces has been proposed as part of the subject application. In addition, no lighting has been proposed as part of the subject application. As the development proposal does not comply with the Acceptable Development Criteria, an assessment against the Performance Criteria is therefore required. The development proposal does not satisfy the Performance Criteria as the absence of landscaping would not contribute to the streetscape. In addition, the development proposal does not fully satisfy the Performance Criteria as the absence of lighting would not enhance the security and safety of residents. It will be recommended that in the event of Council approval, a condition be imposed requiring the submission of a landscaping plan and a lighting plan, to the City's satisfaction. Clothes drying areas are not proposed as part of this application. As the proposal does not comply with the Acceptable Development Criteria, an assessment against the Performance Criteria is therefore required. or P7 Provision made for external storage, rubbish collection/storage areas and clothes-drying areas that are: Adequate for residents; and Without detriment to the amenity of the locality. the needs of 60 The proposal in its current form would not meet the relevant Performance Criteria. It is considered that clothes drying areas can be sufficiently accommodated within the outdoor living areas of each dwelling, subject to appropriate screening being provided. It should be noted however, that if screening is provided for the dwellings, it would involve the partial infilling of the proposed front fencing, which is visually permeable. Under Clause 7.2.2 - Street Walls and Fences, walls within the primary street setback area are to be visually permeable 1.2m above natural ground level. Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.7 Continued R-Code and Policy Provision Assessment/Comment It is considered that if small infill areas were included as part of the walls to allow for drying areas to be screened the walls will still allow for adequate surveillance of the street and will not detract from the streetscape. Such a modification would also be explicitly consistent with LPP 4.10. If the application is approved, it will be recommended that a condition be imposed requiring amended plans to be submitted that provide for (i) drying areas and (ii) sufficient screening of those drying areas. Residential Density A number of submissions raised concern about the impact that the development would have on the amenity of the area and its ability to integrate with the surrounding area. Multiple dwellings provide an alternative housing type in a strategic area that is predominantly occupied by single and grouped dwellings, thereby achieving one of the key objectives of the City's Local Housing Strategy. It should be noted that the proposal is entirely compliant with the requirements of the R-Codes in terms of building, height and size, including plot ratio. The zoning applicable to the subject site allows for development at the R80 coding and at that density it is not uncommon for the built form to comprise two-storey developments. The proposed building closest to the street presents similar to a two-storey single dwelling and as such it is considered that the development will not have a detrimental impact on the existing streetscape or overall residential amenity of the area. Carparking Submitters also raised concerns with regards to carparking associated with the development. The R-Codes stipulate that for multiple dwellings with a floor area less than 110m² that are within 800 metres of a train station or 250 metres of a high frequency bus route, one carbay is required per dwelling, in addition to 0.25 visitor bays per dwelling. This means that eight bays are required to serve the dwellings, and two bays are required for visitors making a total of 10 bays which have been provided on the site. Provision has also been made for the visitors' bay to cater for persons with disability. CONCLUSION The proposal is supported for the following reasons: The development contributes to a greater diversity of housing options in the local area The proposal is generally compliant with the requirements of the R-Codes, and where non-compliant, it can be made compliant through the imposition of conditions 61 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.7 Continued The development will not detrimentally 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. FINANCIAL IMPLICATIONS Nil. STATUTORY IMPLICATIONS Town Planning Scheme No. 6 Residential Design Codes Local Planning Policy 1.1.1 - Residential Development Canning Vale Outline Development Plan. VOTING REQUIREMENTS Simple Majority required. STAFF RECOMMENDATION That Council approve the application for eight Multiple Dwellings at Lot 304 Gateway Boulevard, Canning Vale, dated 14 November 2012 subject to the following conditions: 1. 2. The submission of amended plans prior to the lodgement of a Building Permit application, generally in accordance with the submitted plans but including the following modifications to the satisfaction of the City: i) The provision of clothes drying areas for each dwelling in accordance with Clause 7.4.7 of the Residential Design Codes, screened from public view. ii) Adequate internal lighting of the subject site, including, but not limited to, the communal carparking bays and vehicle access ways, stairwell entrances and footpaths. A geotechnical report is to be submitted in accordance with Australian Standards, certifying that the land is physically capable of development and detailing site conditions with respect to soil, groundwater and stormwater disposal. The report is to stipulate whether the site is suitable for on-site infiltration or what works are required to be implemented to provide for this capability or a suggested alternate means of disposal. 62 Ordinary Council Meeting City of Gosnells Agenda 26 March 2013 Item 13.5.7 Continued 3. The applicant shall submit a drainage design, prescribing a functional drainage system, including detailed engineering drawings and necessary technical information to demonstrate functionality of the design. The design is to be endorsed prior to the lodgement of a Building Permit application and thereafter implemented 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. A landscape plan for the development site and the adjoining road verge 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. 6. 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. 7. The proponent is to submit a written maintenance manual for the area(s) of communal open space in accordance with the Residential Design Codes, prior to the lodgement of a Building Permit application. 8. 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, prior to the lodgement of the Building Permit application. 9. Unless otherwise shown on the approved plans, fencing abutting Gateway Boulevard and Fraser Road North shall be visually permeable in accordance with the Residential Design Codes and any relevant Council policy. 10. The driveways, accessways and carbays are to be paved, drained and marked to the City’s standards in accordance with the approved plan and AS 2890.1. 11. Visitor parking bays are to be permanently marked and maintained at all times for use exclusively by visitors to the property, be clearly visible from the street or communal driveway and be located, together with the reversing area, in front of any security gates or barrier for the development, unless permitted otherwise. The visitors' bays, including the facility for the parking by a person with a disability, are to be constructed prior to occupation of the proposed dwellings. 63 Ordinary Council Meeting 13.6 City of Gosnells Agenda 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 64 26 March 2013