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Ordinary Meeting of Council 24 July 2013
Page 1
CITY of SWAN
M I N U T E S
ORDINARY MEETING OF COUNCIL
24 JULY 2013
ATTENTION
These minutes are subject to confirmation.
Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of Council to
ensure that there has not been a correction made to the resolution.
MINUTES AVAILABLE ON THE WEBSITE
www.swan.wa.gov.au
Ordinary Meeting of Council 24 July 2013
Page 2
TABLE OF CONTENTS
PART A - OPENING PROCEDURES 6
1. OPENING AND ANNOUNCEMENT OF VISITORS 6
2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 6
3. ATTENDANCE AND APOLOGIES 6
4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 7
5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING
IMPARTIALITY 7
6. PUBLIC QUESTION TIME 8
7. PUBLIC STATEMENT TIME 9
8. LEAVE OF ABSENCE 9
9. PETITIONS, PRESENTATIONS AND DEPUTATIONS 9
10. CONFIRMATION OF MINUTES 11
11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 11
12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE
CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA
PRESENTLY BEFORE THE MEETING 11
13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN
WITHOUT DISCUSSION 11
14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN
WITHOUT DISCUSSION 11
15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 12
PART B - REPORTS 15
1. CORPORATE PLANNING AND POLICY 15
1.1 POLICY REVIEW - POL-C-108 BUILDING FACILITIES MANAGEMENT 15
1.2 POLICY REVIEW - POL-C-139 LEASING OF COMMUNITY FACILITIES 15
1.3 POLICY REVIEW - POL-C-141 COUNCILLOR ALLOWANCES AND
ENTITLEMENTS 16
1.4 REVIEW - CODE OF CONDUCT 17
2. COMMUNITY PLANNING AND DEVELOPMENT 17
3. STATUTORY PLANNING 17
3.1 PROPOSED MULTIPLE DWELLING (10 UNITS) ON LOT 225 (NO.7) NORTH
STREET, MIDLAND 17
3.2 PROPOSED MODIFICATION TO CAVERSHAM LOCAL STRUCTURE PLAN ODP
150/C FOR CELL 5 AREA - LOT 7983 WALDECK ROAD, LOTS 9 (NO.98) & 19
Ordinary Meeting of Council 24 July 2013
Page 3
(NO.84) BENARA ROAD, LOT 9401 BENNETT STREET, LOT 14458 ISON
COURT, LOTS 1055, 92 (NO.151) & LOT 9402 SUFFOLK STREET, CAVERSHAM 21
3.3 MODIFICATION TO FRONT SETBACK OF SINGLE DWELLING - LOT 96 (NO.36)
DALGETY ROAD, MIDDLE SWAN 22
3.4 EXTENSION TO A NON-CONFORMING USE - RETROSPECTIVE EXPANSION TO
TRANSPORT DEPOT ON LOT 201 MIDLAND ROAD HAZELMERE 23
3.5 ADOPTION OF THE CITY'S HERITAGE STRATEGIC PLAN 26
3.6 FINAL ADOPTION OF AMENDMENT NO.96 TO LOCAL PLANNING SCHEME
NO.17 - CREATION OF A DEVELOPMENT CONTRIBUTION AREA (DCA5) FOR
LOT 9500 MARALLA RD, PORTION OF LOT 9228 BANROCK DR, LOT 9000
RAILWAY PDE, LOTS ALONG DALMILLING DR 27
3.7 FUNDING FOR MIDLAND FREIGHT RAIL REALIGNMENT OPTION SELECTION
STUDY 28
4. OPERATIONAL MATTERS 29
4.1 PETITION - LACK OF WATERING AT TINDALE PARK, AVELEY 29
4.2 TRAFFIC CALMING IN BRONZEWING AVENUE, ELLENBROOK 29
5. FINANCIAL AND LEGAL MATTERS 30
5.1 FINANCIAL MANAGEMENT REPORT - JUNE 2013 30
5.2 ACCOUNT AND DEBIT REPORT JUNE 2013 30
6. GOVERNANCE 31
6.1 PROPOSED DATES FOR ORDINARY COUNCIL MEETINGS - JANUARY TO
DECEMBER 2014 31
6.2 MINUTES OF THE GOVERNANCE COMMITTEE MEETING HELD ON 9 JULY 2013 31
7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 32
7.1 REQUEST FOR CITY DELEGATION TO VISIT TO CHINA 32
8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN 32
9. URGENT BUSINESS 32
PART C - OTHER BUSINESS AND CLOSING PROCEDURES 35
1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 35
2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING
IF GIVEN DURING THE MEETING 35
3. CONFIDENTIAL ITEMS 35
4. CLOSURE 35
Ordinary Meeting of Council 24 July 2013
Page 4
CITY of SWAN
ORDINARY COUNCIL
MEETING
PART A
OPENING PROCEDURES
24 JULY 2013
Ordinary Meeting of Council 24 July 2013
Page 5
Ordinary Meeting of Council 24 July 2013
Page 6
MINUTES OF THE ORDINARY MEETING OF COUNCIL
HELD AT MIDLAND TOWN HALL
ON WEDNESDAY 24 JULY 2013 COMMENCING AT 5.30PM
PART A - OPENING PROCEDURES
1. OPENING AND ANNOUNCEMENT OF VISITORS
The Mayor welcomed those present and opened the meeting at 5.30pm.
2. DISCLAIMER (read aloud by Presiding Member)
The City of Swan disclaims any liability for any loss arising from any person or
body relying on any statement, discussion, recommendation or decision made
during this meeting.
Where an application for an approval, a licence, or the like is considered or
determined during this meeting the City warns that neither the applicant nor any
other person or body should rely upon that discussion or determination until
written notice of either an approval and the conditions which relate to it or the
refusal of the application has been issued by the City.
Conditions of Entry: No audio recording, video recording, or photography is
permitted within the premises. A person who breaches this condition of entry will
be required to immediately leave the premises pursuant to the provisions of
Section 6.1 of Council's Standing Orders Local Law 2010.
3. ATTENDANCE AND APOLOGIES
Councillors: Cr C Zannino Mayor, Swan Valley/Gidgegannup Ward
(Presiding Member)
Cr D Färdig Altone Ward
Cr D Lucas Altone Ward
Cr M Haynes Ballajura Ward
Cr J McNamara Ballajura Ward
Cr T Williams Guildford Ward
Cr M Elliott Midland Ward from 6.18PM
Cr S Gregorini Midland Ward
Cr K Bailey North Ward
Ordinary Meeting of Council 24 July 2013
Page 7
Staff: Mr M Foley Chief Executive Officer
Mr J Coten Executive Manager Operations
Mr S Tan Executive Manager Planning
Mr M Bishop Executive Manager Place
Ms M Braham Acting Executive Manager Corporate
Mr P Russell Manager Statutory Planning
Ms M Dolling Media Relations Officer
Ms L Leong Coordinator Development Assessment &
Appeals
Ms M Dwyer Governance Support Officer
Mrs M Acott Minute Clerk
Leave of
Absence: Cr N Cheung Ellenbrook Ward
Cr M Congerton Ballajura Ward
Cr J Marino Midland Ward
Cr D Trease Swan Valley/Gidgegannup Ward
Cr M Wainwright Deputy Mayor, Altone Ward
Apologies: Cr P Williams Ellenbrook Ward
Mr C Cameron Executive Manager Corporate
Members of
the Public: 22
Media: 1
4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE
Q1. Cr McNamara asked the CEO if a reply has been received from the Director
General of the Department of Planning regarding land at Paradise Quays,
Ballajura which is proposed for development as an aged care facility.
A2. The CEO advised he has contacted the Director General of the Department
of Planning, who indicated that he has personally looked at the letter and
supports the thrust of what Council is trying to achieve. The request has to
go through the planning process and be approved by the WA Planning
Commission (of which he is the Acting Chairman). At this stage it may be
the middle of September before Council receives a response to the letter
with WAPC approval.
5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS
AFFECTING IMPARTIALITY
Nil
Ordinary Meeting of Council 24 July 2013
Page 8
6. PUBLIC QUESTION TIME
6.1 Questions relating to reports contained in the agenda
6.1.1 Questions of which due notice has been given in writing or
previously taken on notice
Nil
6.1.2 Questions without notice
Nil
6.2 Other Questions
6.2.1 Questions of which due notice has been given in writing or
previously taken on notice
Nil
6.2.2 Questions without notice
Q1 Yvonne Caldwell asked what the City is doing to facilitate
the transfer of land currently used for an agricultural
program at Lockridge Senior High School but has been
earmarked for use for the Disability Justice Centre.
Q2 Students from Lockridge Senior High School Rose George
and Emily Morgan asked what the City's plans are for the
land currently being used for the school's farm.
Q3 April George asked the current stage of building the
Disability Justice Centres and what are the proposed key
dates of construction.
Q4 Donna Morgan asked have funds been budgeted to ensure
existing infrastructure and facilities in the suburbs are not
impacted by the additional encroachment of the Disability
Justice Centres and is the City aware of what public works
have been used to determine placement of the centres.
Q5 Lisa (inaudible) asked what is Council is doing to stop the
Disability Justice Centres from being built.
A1 - 5 The CEO, Mayor, Crs Färdig and Lucas all spoke to these
questions. They advised the City of Swan do not have
jurisdiction over the placement of the Disability Justice
Centres and the Council has not been consulted in the
decision making process as it is a State Government
Ordinary Meeting of Council 24 July 2013
Page 9
issue. Because of this, planning approval is not required
by the City of Swan.
Since the announcement regarding the placement of the
centres, Council has been lobbying the State Government.
As far as Council is aware, the first centre will be built on
the Lord Street site, but are unaware of a date for the
Kiara site. The Minister for Mental Health advised the first
centre should be completed by 2014.
Council has previously tried to have the vacant land to the
East of the school site (referred to as the school farm)
vested within the City, however this request was refused.
Council has requested further information and briefings on
the Kiara site from the Department of Planning and this
has not been forthcoming to date.
It is suggested that concerned residents contact their
Local Member of Parliament and raise these concerns as it
is a State Government issue.
7. PUBLIC STATEMENT TIME
Nil
8. LEAVE OF ABSENCE
RESOLVED UNANIMOUSLY that the following Councillors be granted leave of
absence for the period requested:
Cr Congerton - Ballajura Ward 10 August 2013 - 17 August 2013
Cr Congerton - Ballajura Ward 24 August 2013 - 02 September 2013
Cr McNamara - Ballajura Ward 03 August 2013 - 10 September 2013
(Cr Haynes - Cr Bailey)
9. PETITIONS, PRESENTATIONS AND DEPUTATIONS
9.1 Petitions
9.1.1 Petition containing 24 signatures supporting installation of a safe
pedestrian crossing from the Orchid Park Estate to the local
shopping precinct at Bennett Springs.
9.1.2 Petition containing 17 signatures requesting amendment to the
Gidgegannup Rural Strategy in the City of Swan Town Planning
Scheme No.17.
Ordinary Meeting of Council 24 July 2013
Page 10
RESOLVED UNANIMOUSLY that the above petitions be referred to the
Chief Executive Officer and a report be presented to a future Council
meeting.
(Cr Haynes - Cr McNamara)
9.2 Presentations
Nil
9.3 Deputations
9.3.1 Item 3.4 - Extension to a non-conforming use - Retrospective
Expansion to Transport Depot on Lot 201 Midland Road Hazelmere
(a) Mr Eric Denholm, Planning Solutions, speaking for the
recommendation.
9.3.2 Item 3.6 - Final Adoption of Amendment No.96 to Local Planning
Scheme No.17 - Creation of a Development Contribution Area (DCA5) for
Lot 9500 Maralla Rd, Portion of Lot 9228 Banrock Dr, Lot 9000 Railway
Pde, Lots along Dalmilling Dr
(a) Mr Danny Murphy, Ellenbrook Management, speaking against the
recommendation
(b) Mr David Caddy, TPG Town Planning, Urban Design and Heritage
speaking against the recommendation
Cr Haynes left the chamber at 5.58pm
Cr Haynes returned to the chamber at 6.01pm
(c) Mr Behnam Bordbar, Transcore, speaking against the
recommendation
(d) Mr Paul McQueen, Lavan Legal, speaking against the
recommendation
Ordinary Meeting of Council 24 July 2013
Page 11
10. CONFIRMATION OF MINUTES
10.1 Confirmation of Minutes of Ordinary Meeting of Council held on 3 July
2013
RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council
held on 3 July 2013 be confirmed.
(Cr Färdig - Cr Bailey)
11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION
On Tuesday, 30 July 2013 the CEO and Mayor have been invited to a closed briefing by
the Premier and Minister for Local Government regarding the Government’s decision on
the recommendations of the Metropolitan Local Government Review and the ongoing
reform program. Council will be further briefing about this next Wednesday, 31 July
2013.
12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE
CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA PRESENTLY BEFORE THE MEETING
All Councillors present declared that they had given due consideration to all
matters contained in the agenda before the meeting.
13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION
Nil
14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION
14.1 Cr McNamara
Q1 Regarding the proposed aged care facility in Ballajura and taking into
account the promises and commitments made by both sides of State
politics to assist the City financially with the cost of the removal of the
chlorine buffer at Paradise Quays, Ballajura - will the City pursue the State
Government on the important issue of provision of financial assistance with
this matter?
A1 The CEO took the question on notice.
Cr Elliott entered the chamber at 6.18pm
Ordinary Meeting of Council 24 July 2013
Page 12
15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING
Item 15.1 - Proposed Multiple Dwelling And Modification To Outline Development
Plan No. 42 - Lot 927 (No. 130) Bridgeman Drive, Bennett Springs
Council at its meeting held on 3 July 2013 resolved to defer this item to enable
further consideration of the shortfall in car parking, reduced setbacks, over height
of 2 parapet walls and the general bulk and scale of the multiple dwellings on the
prevailing existing residential character and amenity of Bennett Springs.
RESOLVED UNANIMOUSLY to:
1) Note that the information be noted in relation to item 15.1 above.
(Cr Lucas - Cr Färdig)
Ordinary Meeting of Council 24 July 2013
Page 13
CITY of SWAN
ORDINARY COUNCIL
MEETING
PART B
REPORTS
24 JULY 2013
Ordinary Meeting of Council 24 July 2013
Page 14
Ordinary Meeting of Council 24 July 2013
Page 15
PART B - REPORTS
1. CORPORATE PLANNING AND POLICY
1.1 POLICY REVIEW - POL-C-108 BUILDING FACILITIES MANAGEMENT
Ward: (No Wards) (Facilities Management)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Operations)
RECOMMENDATION
That the Council resolve to:
1) Adopt the revised policy Pol-C-108 Building Facilities Management.
CARRIED
1.2 POLICY REVIEW - POL-C-139 LEASING OF COMMUNITY FACILITIES
Ward: (No Wards) (Facilities Management)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Operations)
RECOMMENDATION
That the Council resolve to:
1) Adopt policy Pol-C-139 Leasing of Community Facilities.
CARRIED
Ordinary Meeting of Council 24 July 2013
Page 16
1.3 POLICY REVIEW - POL-C-141 COUNCILLOR ALLOWANCES AND
ENTITLEMENTS
Ward: (No Wards) (Governance)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Corporate)
RECOMMENDATION
That the Council resolve to:
1) Approve the proposed amendments to policy Pol-C-141 Councillor Allowances and
Entitlements.
2) Approve the following allowances for the 2013/14 financial year:
(a) Annual attendance fee in lieu of Council meeting and Committee meeting
attendance fees - Councillors - $30,000pa per Councillor.
(b) Annual attendance fee in lieu of Council meeting and Committee meeting
attendance fees - Mayor - $45,000pa.
(c) Annual Mayoral allowance - $85,000pa.
(d) Annual Deputy Mayoral allowance - $21,250pa being 25% of Mayoral
allowance.
3) Request staff submit budget adjustment to Council for approval to reflect transfer
of funds to Member Allowances budget to address the shortfall of ($40,500).
CARRIED
Ordinary Meeting of Council 24 July 2013
Page 17
1.4 REVIEW - CODE OF CONDUCT
Ward: (No Wards) (Human Resources)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Corporate)
RECOMMENDATION
That the Council resolve to:
1) Adopt the proposed Code of Conduct.
CARRIED
2. COMMUNITY PLANNING AND DEVELOPMENT
Nil
3. STATUTORY PLANNING
3.1 PROPOSED MULTIPLE DWELLING (10 UNITS) ON LOT 225 (NO.7) NORTH
STREET, MIDLAND
Ward: (Midland Ward) (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning)
RECOMMENDATION
That the Council resolve to:
1) Approve the application for a 10 unit multiple dwelling development at Lot 225 (No.
7) North Street, Midland, subject to the following conditions:
1. The parapet wall and footings shall be constructed inside the allotment.
2. The finish of the parapet walls to be to the satisfaction of the Manager-
Statutory Planning.
Ordinary Meeting of Council 24 July 2013
Page 18
3. A privacy screen with a minimum height of 1.6 m from finished floor level
shall be installed on balconies of Unit 5, 6, 7, 8, 9 and 10 as shown on the
layout plan DA-02 to the satisfaction of the Manager Statutory Planning.
4. An appropriate privacy screening/obscure glazing/highlight windows shall be
installed on the windows of Units 1 & 2 on the ground floor and on Units 5, 6,
7 & 8 on the first floor as shown on the layout plan DA-02 to the satisfaction
of the Manager-Statutory Planning.
5. The final pit prior to entering the City's drainage system shall be a 'Silt Pit'.
6. Vehicle access onto the site shall be restricted to that shown on the approved
site plan.
7. Any existing vehicle crossover not included as part of the proposed
development on the approved plan shall be removed, and the verge and kerb
reinstated prior to the practical completion of the development to the City’s
satisfaction.
8. All pavements on the site must be capable of accepting anticipated loadings
(including accessways, parking areas, storage and hardstands). The City will
not accept any responsibility for subsequent failure of any pavement.
9. All stormwater produced from this property including subsoil drainage is to be
collected and disposed into the City’s drainage system in accordance with the
City’s requirements.
10. No fluid, other than uncontaminated stormwater is to enter any stormwater
drain without prior approval from the City and the Environmental Protection
Authority.
11. As the development is within the Midland District Drainage Area, a drainage
contribution of $6041.64 is required. This fee is to contribute towards the
upgrade and supply of an adequate drainage service within the area.
Payment shall be made prior to the clearance of subdivision conditions or
prior to the lodgement of a Building Permit application and prior to any work
commencing on the site.
12. Storm drain to be designed and installed in accordance with the City's design
guidelines.
13. The drainage system of the site must be designed for a 1 in 10 year storm
(minimum). An overland flow path must be provided for potential internal
system failure.
14. All crossovers must be built and maintained in accordance with City's
specifications.
15. The applicant is to ascertain the location and depth of any services that may
interfere with this development. Any adjustment to these services required as
part of this approval, must be arranged by the applicant prior to works
commencing on the site. Any adjustment must be approved by the relevant
service authorities and will be at the applicant's expense.
16. The development must be connected to the Water Corporation’s sewer where
available.
Ordinary Meeting of Council 24 July 2013
Page 19
17. All landscaping must be completed in accordance with the approved detailed
landscape plan, prior to the occupation of any building and all landscaping is
to be maintained onsite thereafter to the satisfaction of the Chief Executive
Officer.
18. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-
1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days
of the grant of this approval elect either;
(a) To pay to the City the sum of ($15,000) which equates to 1% of the
Construction Cost of the development, in lieu of providing on-site Public
Art (option 1); or
(b) Seek approval from the City for an artist to provide Public Art on the
development site to a minimum value of ($15,000) (option 2)
If the election is Option 1, the cash-in-lieu amount must be paid to the City
on the earlier of the date specified in an invoice issued by the City, or when
an application is made for a building permit for the development the subject
of the approval.
If the election is Option 2:
(a) the owner(s) or applicant on behalf of the owner(s) within a further 28
days following the election (or such longer period agreed by the City)
must seek approval from the City for a specific Public Art work including
the artist proposed to undertake the work. The City may apply further
conditions regarding the proposed Public Art;
(b) no part of the development may be occupied or used unless the Public
Art has been installed in accordance with an approval granted by the
City;
(c) the Public Art approved must be maintained during the continuation of
the development; and
(d) prior to the lodgement of a building permit application a Notification
pursuant to section 70A of the Transfer of Land Act must be lodged
against the certificate of title to the land on which the development is to
be carried out, to make the proprietors and prospective purchasers
aware of the preceding condition.
19. Any additional development, which is not in accordance with the application
(the subject of this approval) or any condition of approval, will require further
approval of the City.
ADVICE NOTES
a) Take notice that it is the responsibility of the applicant to advise the
landowner(s) and/or builder(s) of the need to satisfy the requirements of the
conditions of the planning approval for the subject lot, prior to or on
lodgement of Building Applications. The City will not issue a Building Permit
until all the conditions of planning approval and any other requirements
Ordinary Meeting of Council 24 July 2013
Page 20
pertaining to this planning approval have been met (including payment of
fees and charges).
b) This approval is not an authority to ignore any constraint to development on
the land, which may exist through contract or on title, such as an easement
or restrictive covenant. It is the responsibility of the applicant and not the
City to investigate any such constraints before commencing development.
This approval will not necessarily have regard to any such constraint to
development, regardless of whether or not it has been drawn to the City’s
attention.
c) This is a Development Approval of the City of Swan under its Local Planning
Scheme No. 17. It is not a building permit or an approval to commence or
carry out development under any other law. It is the responsibility of the
applicant to obtain any other necessary approvals, consents, permits and
licenses required under any other law, and to commence and carry out
development in accordance with all relevant laws.
d) Development may be carried out only in accordance with the terms of the
application as approved herein and any approved plan.
e) In accordance with the Building Act 2011 and Building Regulations 2012, a
Building Permit application must be submitted to, and approved by the City’s
Principal Building Surveyor prior to any construction or earthworks
commencing on site.
f) The proposed development is required to comply in all respects with the
Building Code of Australia and Health (Public Buildings) Regulations 1992.
Plans and specifications which reflect these requirements are required to be
submitted with the Building Permit application.
g) Embankment stabilisation shall be in accordance with the provisions of the
Building Code of Australia.
h) To enable your Building Permit application to be assessed promptly, please
ensure a complete application is submitted to the City.
To assist in preparing a complete Building Permit application refer to the City
of Swan Website (www.swan.wa.gov.au) and follow the links to Building
Services - Applicant Checklists.
If you require assistance, please contact Customer Services on 9267 9267.
i) Stormwater to be piped to interconnecting gully grates with an overflow to
City system.
j) Kerbs, roadways, footpaths, open drains, stormwater pits, service authority
pits and nature strips must be adequately protected during the construction
of the development.
k) This approval does not constitute approval from other service authorities to
construct the crossover as shown on the plan. It is recommended that the
applicant ascertain the location and depth of any services that may interfere
with crossover and associated building construction. Any adjustment to
affected services is to be arranged by the applicant at their expense with the
Ordinary Meeting of Council 24 July 2013
Page 21
appropriate service authority approval, prior to works commencing on the
site.
l) The carrying on of the development must not cause a dust nuisance to
neighbours. Where appropriate such measures as installation of sprinklers,
use of water tanks, mulching or other land management systems should be
installed or implemented to prevent or control dust nuisance, and such
measures shall be installed or implemented within the time and in the
manner directed by the City’s Principal Environmental Health Officer if it is
considered that a dust nuisance exists.
CARRIED
3.2 PROPOSED MODIFICATION TO CAVERSHAM LOCAL STRUCTURE PLAN
ODP 150/C FOR CELL 5 AREA - LOT 7983 WALDECK ROAD, LOTS 9
(NO.98) & 19 (NO.84) BENARA ROAD, LOT 9401 BENNETT STREET, LOT
14458 ISON COURT, LOTS 1055, 92 (NO.151) & LOT 9402 SUFFOLK
STREET, CAVERSHAM
Ward: (Altone Ward) (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning)
RECOMMENDATION
That the Council resolve to:
1) Delegate to the Chief Executive Officer to grant final approval to the
modification(s) to the Caversham Local Structure Plan, subject to the following
requirements:
a. Update the 'Structure Plan - Caversham' with the applicants modifications
cited in Amendment D plan dated 09.07.13. This plan shall also include any
previous endorsements to ODP 150 by Council.
b. Update all figures within part B of the Caversham Local Structure Plan (ODP
150).
c. Update Part D (2) 'Transition Lot (Buffer) Management Plan' plan 1 of 4 with
the revised TLMP dated 23.01.13.
d. Update the public open space (POS) Schedule for Cell 5 in Section 1.3.3 of
Part B of the Structure Plan report to reflect the revised calculations of POS
for the Cell 5 area.
e. Update the 'Land Use' section of part B to incorporate the revised POS and
dwelling unit yield details.
Ordinary Meeting of Council 24 July 2013
Page 22
f. Update the Land Use Schedule in Part B Section 1.4.5 with the revised
drainage & POS calculations.
g. Update 4.2 'Management Plans' in part B to include a revised version of the
Emerge Associates Urban Water Management Strategy. Prior to the inclusion
of this report into the LSP, the revised document is to be updated in line with
Attachment 2 of this Council report.
h. The applicants explanatory report 'Structure Plan Amendment Report' being
updated in the following manner:
i. Replace ODP 150 'Amendment D' plan dated 20.03.13 with the revised
plan dated 09.07.13
ii. Replace Figure 7 of the report 'Context and Constraints' dated 23.01.13
with the revised plan dated 09.07.13
iii. Replace Appendix 3 'Urban Water Management Strategy' with a revised
document inclusive of the drainage modifications as per Attachment 2 of
this Council report.
2) Subject to the satisfactory fulfilment of Point 1 above, refer the modified
documents to the Western Australian Planning Commission with a respectful
request for their endorsement under Clause 5A.1.14.3 of Local Planning Scheme
No. 17.
3) Advise all those who lodged submissions of Council's decision accordingly.
CARRIED
3.3 MODIFICATION TO FRONT SETBACK OF SINGLE DWELLING - LOT 96
(NO.36) DALGETY ROAD, MIDDLE SWAN
Ward: Swan Valley/Gidgegannup Ward (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning)
Ordinary Meeting of Council 24 July 2013
Page 23
RECOMMENDATION
That the Council resolve to:
1) Approve the revised plans for a single dwelling at Lot 96 (No.36) Dalgety Road,
Middle Swan inclusive of the modified front setback of 13.2m, subject to the
following conditions:
1) This approval is for “Single House” as defined in the City’s Local Planning
Scheme No.17 and the subject land may not be used for any other use
without the prior approval of the City.
2) Earthworks, footings and/or structures are not to extend over any lot
boundaries.
3) Any additional development, which is not in accordance with the
application (the subject of this approval) or any condition of approval, will
require further approval of the City.
CARRIED
3.4 EXTENSION TO A NON-CONFORMING USE - RETROSPECTIVE EXPANSION
TO TRANSPORT DEPOT ON LOT 201 MIDLAND ROAD HAZELMERE
Ward: (Midland Ward) (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning)
RECOMMENDATION
That the Council resolve to:
1) Grant temporary retrospective approval to the expansion of the existing Transport
Depot at Lot 201 Midland Road, Hazelmere subject to the following conditions:
1. This approval is for retrospective expansion of a "Transport Depot" and the
subject land may not be used for any other use without the prior approval of
the City.
2. This approval is valid for a period of five (5) years from the date of the
Council decision.
3. Vehicles accessing and parking on the land shall not exceed 19 metres in
length.
4. Not more than forty (40) commercial vehicles and associated trailers shall be
parked on the land at any one time.
Ordinary Meeting of Council 24 July 2013
Page 24
5. The number of truck movements into and out of the subject lot shall be
limited to 40 trucks per day and no truck movements shall be permitted on
Sundays and public holidays to the satisfaction of the City of Swan.
6. A stormwater compensation basin is to be provided within the subject lot to
accommodate onsite stormwater produced by the development. Within 90
days from the date of this approval, the location, size and volume of the
basin (including all calculations) are to be detailed in a Stormwater
Management Plan which will be subject to the approval of the City of Swan.
7. Hours of operation of heavy vehicle movements to and from the site are
limited from 7:00 am to 6:00 pm, Monday to Saturday.
8. Vehicle access onto the site shall be restricted to that shown on the approved
site plan.
9. All pavements on the site must be capable of accepting anticipated loadings
(including access ways, parking areas, storage and hardstands). The City will
not accept any responsibility for subsequent failure of any pavement.
10. Vehicle parking area, access and circulation areas must be sealed, kerbed,
drained and maintained to the satisfaction of the City, in accordance with the
approved plans.
11 All stormwater is to be collected and contained onsite. No stormwater is to be
discharged from the property into other land or reserves. Stormwater
drainage plans are to be submitted prior to any works commencing on site.
12. The drainage system of the site must be designed for a 1 in 10 year storm
(minimum). An overland flow path must be provided for potential internal
system failure.
13. The applicant shall submit detailed plans and specifications including the site
feature survey of a licensed surveyor, levels, earthworks, drainage,
crossovers, access ways, hardstands, carports, parking bays, loading bays,
lighting, existing easements, pavement details, proposed service connections
and compound and refuse/bulk bin areas within 90 days from the date of this
approval. Such plans and specifications should be in accordance with the City
of Swan Property Development Design Guidelines and its relevant
specifications.
14. All crossovers must be built and maintained in accordance with City’s
specifications.
15. The applicant is to ascertain the location and depth of any services that may
interfere with this development. Any adjustment to these services required as
part of this approval, must be arranged by the applicant prior to works
commencing on the site. Any adjustment must be approved by the relevant
service authorities and will be at the applicant’s expense.
16. Landscaping, drainage, parking areas, pavement, kerbing as depicted on the
approved plans shall be maintained at all times to the satisfaction of the City.
17. The premises shall be kept in a neat and tidy condition at all times to the
satisfaction of the City.
Ordinary Meeting of Council 24 July 2013
Page 25
18. Floodlights shall not be illuminated after 10 pm, with all illumination being
confined to the limits of the development or as otherwise approved by the
City of Swan in writing.
19. External lighting shall comply with the requirements of AS 4282 – Control of
Obtrusive Effects of Outdoor Lighting.
20. No loading or unloading of livestock s permitted on the subject lot.
21. All wash down of vehicles/trailers is to be conducted off site.
22. The noise generated by activities onsite, including machinery motors or
vehicles is not to exceed the levels as set out under the Environmental
Protection (Noise) Regulations 1997.
23. No fuel shall be provided or stored on site.
24. Any additional development, which is not in accordance with the application
(the subject of this approval) or any condition of approval, will require further
approval of the City.
Advice Notes
a) This approval is not an authority to ignore any constraint to development on
the land, which may exist through contract or on title, such as an easement
or restrictive covenant. It is the responsibility of the applicant and not the
City to investigate any such constraints before commencing development.
This approval will not necessarily have regard to any such constraint to
development, regardless of whether or not it has been drawn to the City’s
attention.
b) The City of Swan is authorised and liable for the maintenance and repair of
roads under its control within its boundary and pursuant to Section 84 of the
Road Traffic Act. The City is authorised to recover costs from the applicant,
for the repair and maintenance of these roads if any damage is caused as
part of this development to the kerb, footpath, drainage pits, stormwater
system, landscaping or signs located within the road reserve.
c) This approval does not constitute approval from other service authorities to
construct the crossover as shown on the plan. It is recommended that the
applicant ascertain the location and depth of any services that may interfere
with crossover and associated building construction. Any adjustment to
affected services is to be arranged by the applicant at their expense with the
appropriate service authority approval, prior to works commencing on the
site.
d) Where petrol, benzene or other inflammable or explosive substance or
grease, oil or greasy/oily matter is likely to be discharged, a sealed
washdown area connected to a plate separator or other approved device must
be installed and connected to sewer, subject to Water Corporation approval.
Where premises are not connected to the reticulated sewer system, the
system installed must be approved by the City and other relevant agencies.
e) The development is not to be within 1.2 metres of any sewerage septic tank
or 1.8 metres of any effluent leach drain without the City of Swan’s approval.
Ordinary Meeting of Council 24 July 2013
Page 26
f) All development works are to be carried out in accordance with control of
noise practices set out in Section 6 of AS 2436-1981 or the equivalent current
Australian Standard.
g) No work shall commence prior to 7 am without the City’s approval.
h) This is a Development Approval of the City of Swan under its Local Planning
Scheme No. 17. It is not an approval to commence or carry out development
under any other law. It is the responsibility of the applicant to obtain any
other necessary approvals, consents and licences required under any other
law, and to commence and carry out development in accordance with all
relevant laws.
i) Development may be carried out only in accordance with the terms of the
application as approved herein and any approved plan.
CARRIED
3.5 ADOPTION OF THE CITY'S HERITAGE STRATEGIC PLAN
Ward: (All Wards) (Strategic Planning)
Disclosure of Interest: None
Authorised Officer: (Executive Manager Planning)
RECOMMENDATION
That the Council resolve to:
1. Adopt the City of Swan Heritage Strategic Plan 2013 and the accompanying
Report for the City of Swan Heritage Strategic Plan.
2. Advise those who lodge a submission of Council's decision accordingly.
CARRIED
Ordinary Meeting of Council 24 July 2013
Page 27
3.6 FINAL ADOPTION OF AMENDMENT NO.96 TO LOCAL PLANNING SCHEME
NO.17 - CREATION OF A DEVELOPMENT CONTRIBUTION AREA (DCA5)
FOR LOT 9500 MARALLA RD, PORTION OF LOT 9228 BANROCK DR, LOT
9000 RAILWAY PDE, LOTS ALONG DALMILLING DR
Ward: (Ellenbrook & North Wards) (Statutory Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning)
RECOMMENDATION
That the Council resolve to:
1) Note the submissions received on the proposed amendment.
2) Adopt for final approval of Amendment No.96 to the City of Swan Local Planning
Scheme No.17 without modification by:
1. Introducing into Schedule 13 - Development Contribution Areas new text
as follows:
No. Description of Land Development Contribution Plan
5. Lot 9500 Maralla Road;
Portion of Lot 9228
Banrock Drive;
Lots 327 and 9000 Railway
Parade;
Lots along Dalmilling
Drive, Palomino
Promenade, Stable Vista
and Jutland Way, The
Vines;
Lots 1, 13255 and 13256
Railway Parade;
Lots 2, 3 and 27 Apple
Street;
Lots 28,30,32 and 34
Orange Avenue; and
Lot 35 Rose Street
The Development Contribution Plan is
for the cost of a bridge over the Ellen
Brook in the vicinity of Lot 9000
Railway Parade and comprises:
(a) The City's cost estimate for the
bridge of October 2011;
(b) The City's Project Programme
outline for the bridge's construction;
(c) The ARRB traffic modelling report of
October 2011 prepared for the City of
Swan, or similar traffic modelling
report otherwise accepted by the City,
that apportions traffic volume utilising
the bridge from the respective
landholdings up to and not exceeding
the year 2031.
(d) A contribution amount based as a
percentage of the total cost of the
bridge correlating to the percentage of
traffic volume utilising the bridge from
the respective landholdings as
identified in the ARRB traffic modelling
report or similar traffic modelling
report otherwise accepted by the City.
Ordinary Meeting of Council 24 July 2013
Page 28
2. Amending the Scheme Maps accordingly.
3) Forward the amendment to the Western Australian Planning Commission,
inclusive of a schedule of submissions, with a request that the Hon. Minister for
Planning grant his final approval without modification.
4) Notify all those who have made a submission of Council's decision accordingly.
CARRIED
3.7 FUNDING FOR MIDLAND FREIGHT RAIL REALIGNMENT OPTION
SELECTION STUDY
Ward: (All Wards) (Strategic Planning)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning)
RECOMMENDATION
That the Council resolve:
1) To support the Western Australian Planning Commission request for contribution
of $50,000 towards the cost of the Midland Freight Rail realignment option
selection study.
2) Such fund be sourced from the mid-year budget review process.
3) The WAPC be advised that the funding will be available following the mid-year
budget review process.
CARRIED
Ordinary Meeting of Council 24 July 2013
Page 29
4. OPERATIONAL MATTERS
4.1 PETITION - LACK OF WATERING AT TINDALE PARK, AVELEY
Ward: (Ellenbrook Ward) (Construction & Maintenance)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Operations)
RECOMMENDATION
That the Council resolve to:
1) Note the actions undertaken by staff in this matter, including continuing
negotiations with the developer, to enable remote access for City staff to manage
irrigation programs for Tindale Park and also action to improve the water holding
capacity of the soil.
2) Advise the petition organiser accordingly.
CARRIED
4.2 TRAFFIC CALMING IN BRONZEWING AVENUE, ELLENBROOK
Ward: (Ellenbrook Ward) (Executive)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Operations)
RECOMMENDATION
That the Council resolve to:
1) Not install traffic calming devices in Bronzewing Avenue, Ellenbrook
2) Note the following actions initiated by City Officers:
a) The installation of "No Parking" signs on Bronzewing Avenue along the
inside verge where the road curves near the intersection of Rosewood
Heights.
b) The pruning of tree branches along the verges of Bronzewing Avenue.
c) Liaison with MRWA for installation of safety and warning signs on
Bronzewing Avenue warning of the curve near the intersection with
Rosewood Heights.
d) Liaison with MRWA for the change of line marking from broken white lines
to a solid white line on Bronzewing Avenue.
Ordinary Meeting of Council 24 July 2013
Page 30
e) Continued monitoring of the situation to ensure that these actions address
the issue sufficiently.
2) Refer the issue of hooning on Bronzewing Avenue to the Police and request an
increased presence in the area.
3) Advise the petition organiser accordingly.
CARRIED
5. FINANCIAL AND LEGAL MATTERS
5.1 FINANCIAL MANAGEMENT REPORT - JUNE 2013
Ward: (All Wards) (Financial Services & Rates)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Corporate)
RECOMMENDATION
That the Council resolve to:
1) Receive the Interim monthly financial statements and report for the period ended
30 June 2013.
CARRIED
5.2 ACCOUNT AND DEBIT REPORT JUNE 2013
Ward: (All Wards) (Financial Services)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Corporate)
RECOMMENDATION
That the Council resolve to:
1) Authorise the payment of cheques drawn and direct debits made from the City's
bank account as listed.
2) Authorise the payment of bank charges, credit card expenses, merchant fees, and
lease payments that have been made as direct debits during this period.
CARRIED
Ordinary Meeting of Council 24 July 2013
Page 31
6. GOVERNANCE
6.1 PROPOSED DATES FOR ORDINARY COUNCIL MEETINGS - JANUARY TO
DECEMBER 2014
Ward: (No Wards) (Governance)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Corporate)
RECOMMENDATION
That the Council resolve to:
1) Adopt the proposed schedule for ordinary meetings of Council from January to
December 2014.
CARRIED
6.2 MINUTES OF THE GOVERNANCE COMMITTEE MEETING HELD ON 9 JULY
2013
Ward: (No Wards) (Governance)
Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Corporate)
RECOMMENDATION
That the Council resolve to:
1) Note the minutes of the Governance Committee meeting held on 9 July 2013.
CARRIED
Ordinary Meeting of Council 24 July 2013
Page 32
7. REPORTS OF THE CHIEF EXECUTIVE OFFICER
7.1 REQUEST FOR CITY DELEGATION TO VISIT TO CHINA
Ward: (No Wards) (Marketing and Public Relations)
Disclosure of Interest: Nil
Authorised Officer: (Chief Executive Officer)
RECOMMENDATION
That the Council resolve to:
1) Approve the attendance of Crs Congerton, Bailey, Haynes, Marino and P Williams
to form part of the City's delegation to the Cities of Jinan and Dongying, China
from 24 August 2013 to 1 September 2013 with costs to be reimbursed as per
Pol-C-0141 - Councillor Allowances and Entitlements.
2) Approve the attendance of the City's Coordinator Public Relations to accompany
the delegation to China for the period 24 August 2013 to 1 September 2013 at
the City's expense.
CARRIED
8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN
RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda
be received and the recommendations therein adopted, with the exception of
recommendations concerning the following items which were previously
considered:
Items - Nil
(Cr Färdig - Cr T Williams)
9. URGENT BUSINESS
Nil
Ordinary Meeting of Council 24 July 2013
Page 33
CITY of SWAN
ORDINARY COUNCIL
MEETING
PART C
OTHER BUSINESS
AND CLOSING PROCEDURES
24 JULY 2013
Ordinary Meeting of Council 24 July 2013
Page 34
Ordinary Meeting of Council 24 July 2013
Page 35
PART C - OTHER BUSINESS AND CLOSING PROCEDURES
1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
Nil
2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING
MEETING IF GIVEN DURING THE MEETING
Nil
3. CONFIDENTIAL ITEMS
Nil
4. CLOSURE
There being no further business, the Presiding Member, Mayor Zannino, thanked
those present for their attendance and declared the meeting closed at 6.21PM.
Recommended